BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2346


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2346 (Baker)


          As Amended  August 18, 2016


          Majority vote


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          Original Committee Reference:  HUM. S.




          SUMMARY:  Requires certain position statements related to state  
          hearings to be made available through secure electronic means or  
          via United States mail, as specified, no less than two days  
          prior to the date of a hearing, unless a report is produced by a  
          county, as specified.  Further, makes these reporting  
          requirements inoperative on the date on which the statewide  
          electronic case management system administered by the Department  
          of Social Services becomes operational and is capable of  
          providing position statements through secure electronic means.


          The Senate amendments: 


          1)Require a public or private agency to make position statements  
            available via United States mail.








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          2)Limit the requirement for a public or private agency to make a  
            position statement available through electronic means to  
            instances where electronic delivery is requested.


          3)Require, if a recipient requests a position statement be  
            delivered through electronic means, that position statement to  
            be delivered through secure electronic means if required by  
            state or federal privacy laws, as specified.


          4)Make inoperative the county reporting requirements contained  
            in this bill on the date on which the statewide electronic  
            case management system administered by the Department of  
            Social Services (DSS) becomes operational and capable of  
            providing position statements through secure electronic means.


          EXISTING LAW:  


          1)Requires DSS and the Department of Health Care Services (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 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  








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            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  
            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 to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8., negligible state costs


          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  








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          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  
          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 [welfare  
          department].  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:  
          0004732



















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