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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|ASSEMBLY: |76-0 |(May 23, 2016) |SENATE: |38-0 |(August 22, |
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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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