BILL ANALYSIS Ó
AB 2346
Page 1
ASSEMBLY THIRD READING
AB
2346 (Baker)
As Amended March 31, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Human Services |6-0 |Bonilla, Calderon, | |
| | |Lopez, Maienschein, | |
| | |Mark Stone, Thurmond | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |20-0 |Gonzalez, Bigelow, | |
| | |Bloom, Bonilla, | |
| | |Bonta, Calderon, | |
| | |Patterson, Daly, | |
| | |Eggman, Gallagher, | |
| | |Eduardo Garcia, Roger | |
| | |Hernández, Holden, | |
| | |Jones, Obernolte, | |
| | |Quirk, Santiago, | |
| | |Wagner, Weber, Wood | |
| | | | |
| | | | |
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AB 2346
Page 2
SUMMARY: Requires specified position statements related to
state hearings to be made available electronically no less than
two days prior to the date of a hearing, unless specified steps
are taken by a county. Specifically, this bill:
1)Requires a public or private agency to make its position
statement available through electronic means.
2)Requires the State Department of Health Care Services (DHCS)
to make its position statement available to the applicant or
recipient and the Department of Social Services (DSS) through
electronic means not less than two business days before the
scheduled hearing.
3)Stipulates that a public or private agency is not required to
make a copy of its position statement available electronically
if they have submitted a report to the Department of Social
Services detailing the barriers to providing position
statements electronically, and what steps the agency is taking
to address these barriers.
4)Makes technical changes.
EXISTING LAW:
1) Requires DSS and DHCS to hold a fair hearings in the event
that an applicant for or recipient of public social services
is dissatisfied with any action of a county department, as
specified. (Welfare and Institutions Code Section (WIC) 10950
et seq.)
2)Requires an applicant for or recipient of public social
AB 2346
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services to file his or her request for a hearing within 90
days after the order or action complained of. (WIC 10951)
3)Requires the department to set the hearing within 30 working
days after the request is filed, and to notify all parties at
least 10 days prior to the hearing of the time and place of
the hearing. (WIC 10952)
4)Limits the issues as a state hearing to those that are
reasonably related to the request for hearing or other issues
that have been identified by either party and mutually agreed
upon, as specified. (WIC 10958.1)
5)Requires a public or private agency to make a mandated
position statement available not less than two working days
prior to the date of a hearing, and further requires that the
private or public agency make a copy of the agency's position
statement available to the applicant or recipient at the
county welfare department. (WIC 10952.5)
6)Mandates that, in the event a public or private agency does
not make the position statement available not less than two
working days prior to the hearing or the agency decides to
modify the position statement, the hearing shall be postponed
upon the request of the applicant or recipient. (WIC 10952.5)
7)Provides that a hearing award, if the decision is in favor of
the applicant or recipient, shall be determined within 30 days
of the date of the hearing decision, and requires the county
and the claimant to be notified of the determination regarding
the county's compliance with the decision. (WIC 10961)
8)Requires each county to establish and maintain a case record
AB 2346
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for each public social services case for a period of three
years from the date on which public social services were last
provided, as specified. (WIC 10851)
FISCAL EFFECT: According the Assembly Appropriations Committee,
this bill may result in:
1)Unknown, but potential costs to counties, not reimbursable, to
make position statements available electronically or to write
a report and submit it to DSS as to why they cannot; and
2)Minor and absorbable costs to DSS to annually review any
reports sent by public or private agencies explaining why they
can't make position statements available electronically; and
3)No fiscal impact to DSS regarding the development of the
Appeals Case Management System project.
COMMENTS:
State public hearings: State laws and regulations spell out the
basic benefits and services provided to low-income individuals
and families that fit within the public social services programs
for which a state hearing can be requested. These programs
include, among others, CalWORKs, the State-administered programs
for recipients of Supplemental Security Income/State
Supplementary Payment (SSI/SSP), CalFresh, Medi-Cal, California
Assistance Program for Immigrants (CAPI), Kinship Guardian
Assistance Program (Kin-GAP), Aid to Families with Dependent
Children (AFDC)-Foster Care, and California Food Assistance
Program (CFAP).
Under current law, an applicant or recipient of public social
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services can request a state hearing to contest an action taken
by the county that the applicant or recipient believes is unjust
or inappropriate, such as a recipient's denial of benefits, aid,
or services, or denial of an applicant's program eligibility.
Current law and regulations set forth timeframes for requesting
a state hearing and adjudication of the complaint, in addition
to county requirements to send notices pertaining to the
hearing.
Need for this bill: According to the author, "Current law
limits the availability of State hearing documents because the
documents can only be picked up at the County DSS. The
inability to access hearing documents electronically imposes
additional transportation costs on low-income persons,
especially those living in rural areas."
Analysis Prepared by:
Kelsy Castillo / HUM. S. / (916) 319-2089 FN:
0003009