Senate Bill No. 297

Introduced by Senator McGuire

February 23, 2015

An act to amend Sections 18901.10 and 18914 of, and to add Section 10508 to, the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL’S DIGEST

SB 297, as introduced, McGuire. Public benefits: eligibility determinations.

(1) Existing law provides for financial and food assistance benefits to needy Californians including, among other programs, the California Work Opportunity and Responsibility to Kids (CalWORKs) program and CalFresh, under which each county provides for financial and food assistance benefits to qualified individuals who meet specified eligibility criteria.

This bill would require the State Department of Social Services to develop and make available to county human services agencies, for use at their option, an electronic verification system that allows the county human services agency eligibility workers to access data available electronically from other state agencies and programs for use in connection with the determination of eligibility for means-tested public benefit programs.

(2) Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, formerly the Food Stamp Program, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, county human services agencies administer CalFresh. Existing law requires the county human services agency to provide CalFresh benefits on an expedited basis to households determined to be in immediate need of food assistance, and requires the department to develop and implement for expedited issuance a uniform procedure for verifying information required of an application.

This bill would require this verification procedure to include guidance on verifying the identify of an applicant using information available through the Medi-Cal Eligibility Determination System (MEDS) or the verification system developed pursuant to this bill. The bill would require the State Department of Social Services to develop and implement a uniform procedure for processing applications to provide benefits on an expedited basis, as specified.

Existing law requires each county human services agency, to the extent permitted by federal law, to exempt a household from complying with face-to-face interview requirements at initial application and recertification, and authorizes a person eligible for an exemption from the face-to-face interview requirement to request a face-to-face interview to establish initial eligibility or comply with recertification requirements.

This bill would require a county human services agency to facilitate submission of required documents using electronic and telephone technologies for the purpose of determining eligibility, and would also expand the circumstances under which a face-to-face interview is required. The bill would require the department to issue guidance for recording and storing electronic and telephonic signatures. By increasing the duties of county human services agencies administering CalFresh, this bill would impose a state-mandated local program.

The bill would require the State Department of Social Services to coordinate with county human services agencies to develop a system that has the capacity to store telephonic and electronic signatures, as specified.

(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 10508 is added to the Welfare and
Institutions Code, to read:

10508.  

(a) In order to ensure timely and accurate decisions on
applications for means-tested public benefit programs, the
department shall develop and make available to county human
services agencies, for use at their option, an electronic verification
system that allows eligibility workers to access data available
electronically from other state agencies and programs for use in
connection with the determination of eligibility for means-tested
public benefit programs. In developing this electronic verification
system, the department shall consult with county human services
agencies, eligibility workers, and client advocates.

(b) The electronic verification system identified in subdivision
(a) shall be completed no later than the expiration of the federal
waiver for Office of Management and Budget Circular A-87, which
requires states to evenly allocate the development costs for systems
that are federally funded.

(c) (1) If the electronic verification system developed pursuant
to subdivision (a) includes information obtained from an agency
that is subject to the requirements of either the federal Fair Credit
Reporting Act (15 U.S.C. Sec. 1681 et seq.) or the Consumer Credit
Reporting Agencies Act (Title 1.6 (commencing with Section
1785.1) of Part 4 of Division 3 of the Civil Code), the department
shall report to the Legislature regarding the ways in which the
electronic verification system guarantees the rights established
under these laws to protect individuals from negative actions
resulting from incorrect information.

(2) A report submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government
Code.

SEC. 2.  

Section 18901.10 of the Welfare and Institutions Code
is amended to read:

18901.10.  

begin insert (a) end insert begin insert   end insert To the extent permitted by federal law, and
subject to the limitation in begin delete subdivision (c), end delete begin insert paragraph (1), end insert each
county begin delete welfare department shall, if appropriate, end delete begin insert human services
agency shall end insert exempt a household from complying with face-to-face
interview requirements for purposes of determining eligibility at
initial application and recertification, begin delete according to the following: end delete
begin insert and shall facilitate submission of required documents using
electronic and telephone technologies. end insert

begin delete

(a) The county welfare department shall screen each household’s
need for exemption status at application and recertification.

end delete begin delete

(b) A person eligible for an exemption under this section may
request a face-to-face interview to establish initial eligibility or to
comply with recertification requirements .

end delete begin delete

(c) Nothing in this section shall limit a county’s ability to require
an applicant or recipient to make a personal appearance at a county
welfare department office if the applicant or recipient no longer
qualifies for an exemption or for other good cause.

end delete begin insert

(1) A face-to-face interview shall be required if any of the
following occur:

end insert begin insert

(A) A face-to-face interview is requested by the applicant,
recipient, or authorized representative.

end insert begin insert

(B) On a case-by-case basis, it is deemed necessary by the
county to clarify a condition of eligibility.

end insert begin insert

(C) A face-to-face interview is required in order to make timely
and reasonable accommodations to serve a household with a
person who has a disability, is advanced in age, or is homeless.
For purposes of this subparagraph, a face-to-face interview shall
be conducted in a mutually acceptable location.

end insert begin insert

(2) When a face-to-face interview is not required pursuant to
this subdivision, a telephone interview shall be conducted.

end insert begin insert

(3) A face-to-face interview and telephone interview shall be
conducted by county human services agency staff.

end insert begin insert

(b) (1) In order to facilitate submission of required information
by applicants and recipients, the department shall issue guidance
for recording and the storing of electronic and telephonic
signatures.

end insert begin insert

(2) The department shall coordinate with county human services
agencies to create a system that has the capacity to store telephonic
and electronic signatures. The department shall, in developing
this system, work with county human services agencies and with
the Office of Systems Integration to ensure this system is designed
to be directly accessed through the statewide automated welfare
system developed pursuant to Section 10823 and that the telephonic
and electronic signatures would be stored within the statewide
automated welfare system, if appropriate.

end insert begin insert

(3) A county shall not be required to use this system if the county
is complying with the guidance established by the department
pursuant to paragraph (1).

end insert begin insert

(c) The state shall not, nor shall any county, enact a waiver of
federal law that allows an eligibility interview to be conducted by
anyone other than a county human services agency staff.

end insert

SEC. 3.  

Section 18914 of the Welfare and Institutions Code is
amended to read:

18914.  

(a) In accordance with, and to the extent provided by,
federal law, the county human services agency shall provide
CalFresh benefits on an expedited basis as provided in subdivision
(b) to households determined to be in immediate need of food
assistance.

(b) Pursuant to the federal requirements of Section 273.2(i)(2)
of Title 7 of the Code of Federal Regulations, the county human
services agency shall screen all CalFresh applications for
entitlement to expedited service. Applicants who meet the federal
criteria for expedited service as defined in Section 273.2(i)(1) of
Title 7 of the Code of Federal Regulations shall receive either a
manual authorization to participate or automated card or the
immediate issuance of CalFresh benefits no later than the third
day following the date the application was filed. To the maximum
extent permitted by federal law, the amount of income to be
received from any source shall be deemed to be uncertain and
exempt from consideration in the determination of entitlement for
expedited service. For purposes of this subdivision, a weekend
shall be considered one calendar day.

(c) The State Department of Social Services shall develop and
implement for expedited issuance a uniform procedure for verifying
information required of an applicant. begin insert This verification procedure
shall include guidance on verifying the identity of an applicant
using information available through the Medi-Cal Eligibility
Determination System (MEDS) or the verification system developed
pursuant to Section 10508. end insert

begin insert

(d) The department shall develop and implement a uniform
procedure for processing applications to provide benefits on an
expedited basis that are submitted electronically or by telephone
and conducting interviews by telephone that are consistent with
the process established pursuant to Section 18901.10.

end insert

SEC. 4.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.