BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 2346|
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                                   THIRD READING 


          Bill No:  AB 2346
          Author:   Baker (R), et al.
          Amended:  8/18/16 in Senate
          Vote:     21 

           SENATE HUMAN SERVICES COMMITTEE:  5-0, 6/28/16
           AYES:  McGuire, Berryhill, Hancock, Liu, Nguyen

           SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

           ASSEMBLY FLOOR:  76-0, 5/23/16 - See last page for vote

           SUBJECT:   Public social services:  hearings


          SOURCE:    Coalition of California Welfare Rights Organization


          DIGEST:   This bill requires specified position statements  
          related to state hearings to be made available at county welfare  
          departments, or via United States mail, or, upon request,  
          electronically, as specified.  The bill exempts, for a specified  
          period, a public or private agency from providing electronic  
          copies of the positions statement if it submits a report to the  
          California Department of Social Services (CDSS) by December 31  
          of each year. 


          Senate Floor Amendments of 8/18/16 clarify that specified  
          position statements must be made available at county welfare  
          departments, or via United States mail, or through electronic  
          means, upon request.  The amendments also require that position  
          statements delivered through electronic means must be delivered  
          through secure electronic means, if secure delivery is required  
          by state or federal privacy laws.  The amendments also create  








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          uniform standards for all departments by deleting language that  
          exempted the Department of Public Health and the Department of  
          Health Care Services (DHCS) from certain parts of the bill and  
          by deleting the requirement that DHCS must provide position  
          statements through electronic means to the individual applicant  
          or recipient and to CDSS not less than two business days before  
          a scheduled hearing.  


          ANALYSIS:  

          Existing law:
          
          1)Requires CDSS and DHCS to hold a fair hearing in the event  
            that an applicant for or recipient of public social services  
            is dissatisfied with any action of a county department, as  
            specified. (WIC 10950 et seq.) 


          2)Requires an applicant for or recipient of public social  
            services to file his or her request for a hearing within 90  
            days after the order or action on which the request for a  
            hearing is based.  (WIC 10951)


          3)Requires CDSS 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)Requires a public or private agency to make available a  
            mandated position statement concerning issues raised at the  
            hearing 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) 











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          5)Mandates that, if 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)



          6)Exempts DHCS from requirements to make position statements  
            available. (WIC 10952.5)

          7)Limits the issues at 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) 


          8)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)


          This bill:
          
          1)Requires a public or private agency to make its positions  
            statement available to the applicant or recipient at the  
            county welfare department, or via United States mail, or, upon  
            request, through electronic means, as specified. 


          2)Requires that, if the applicant or recipient requests a  
            position statement to be delivered through electronic means,  
            the position statement shall be delivered through secure  
            electronic means, if required by state or federal privacy  
            laws.  


          3)Stipulates that a public or private agency is not required to  
            make a copy of its position statement available electronically  
            if it has submitted a report to the CDSS detailing the  








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            barriers to providing position statements electronically, and  
            what steps the agency is taking to address these barriers, as  
            specified.


          4)Makes other technical changes.


          Background

          State laws and regulations define the benefits and services  
          provided to low-income individuals and families that receive  
          public social services from programs for which state hearings  
          can be requested. These programs include, but are not limited  
          to, CalWORKs, CalFresh, the Supplemental Security Income/State  
          Supplementary Payment (SSI/SSP), Medi-Cal, and California  
          Assistance Program for Immigrants.  

          These programs are generally administered at the county level.   
          Under current law, an applicant or recipient of public social  
          services can request a state hearing if they are dissatisfied  
          with any action of the county relating to his or her application  
          or receipt of public social services.  An applicant can also  
          request a hearing if the application is not acted upon with  
          reasonable promptness.  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.  Applicants and recipients  
          must file a request with the CDSS or the DHCS, whichever  
          department administers the public social service.

          CDSS's State Hearings Division is responsible for conducting  
          these hearings in order to resolve disputes of applicants and  
          recipients of public social services in an impartial,  
          independent, fair, and timely manner, while ensuring that due  
          process is met in accordance with federal and state law.  Data  
          provided by CDSS shows that the State Hearings Division is  
          projected to receive more than 100,000 requests for hearings in  
          FY 2015-16 and FY 2016-17. 


          Appeals Case Management System 








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          According to CDSS, the secure electronic notifications  
          technology called for in AB 2346 will be available on a  
          statewide basis when CDSS's new Appeals Case Management System  
          (ACMS) is launched.  CDSS and the Office of System Integration  
          are currently working to develop the ACMS which will allow  
          claimants, their authorized representatives, counties,  
          departments, and respondents to securely upload and download  
          documents, such as the Statement of Position. The new system is  
          reportedly designed to meet Health Insurance Portability and  
          Accountability Act and language requirements. It will include a  
          portal for individuals to request hearings, check their hearing  
          or case status and access case information.  ACMS is currently  
          projected to launch in mid-2018 and will integrate intake,  
          scheduling and reporting of cases.  

          Related/Prior Legislation
          
          AB 617 (Nazarian, Chapter 869, Statutes of 2014) established an  
          appeals process for eligibility or enrollment determinations and  
          redeterminations for insurance affordability programs, as  
          defined, or exemption determinations within Covered California's  
          jurisdiction.   The bill also required CDSS to conduct the  
          appeal hearings.  


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:  (Verified 8/2/16)

          Coalition of California Welfare Rights Organization (source)
          Housing California


          OPPOSITION:   (Verified8/2/16)


          None received










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          ARGUMENTS IN SUPPORT:     According to the sponsor, current law  
          limits the availability of state hearing documents because the  
          documents can only be picked up at the county welfare offices.   
          This inability to access hearing documents electronically  
          imposes additional transportation costs on low-income persons,  
          especially those living in rural areas.




          ASSEMBLY FLOOR:  76-0, 5/23/16
          AYES:  Achadjian, Alejo, Travis Allen, Atkins, Baker, Bigelow,  
            Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos,  
            Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh,  
            Dahle, Daly, Dodd, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth,  
            Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk,  
            Wood, Rendon
          NO VOTE RECORDED:  Arambula, Eggman, Patterson, Williams

          Prepared by:Taryn Smith / HUMAN S. / (916) 651-1524
          8/19/16 18:44:32


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