BILL ANALYSIS Ó AB 2346 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2346 (Baker) As Amended August 18, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |76-0 |(May 23, 2016) |SENATE: |38-0 |(August 22, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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. AB 2346 Page 2 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 AB 2346 Page 3 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 AB 2346 Page 4 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 AB 2346 Page 5