Amended in Senate March 26, 2015

Senate Bill No. 297

Introduced by Senator McGuire

February 23, 2015

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

LEGISLATIVE COUNSEL’S DIGEST

SB 297, as amended, 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 begin delete county human services agencies, for use at their option, end delete begin insert the Statewide Automated Welfare System end insert an electronic verification begin delete system end delete begin insert process end insert that allows begin delete the end delete county human services agency eligibility workers to begin insert , at their option, end insert access data available electronically from begin delete other state end delete begin insert public and private end insert agencies and programs for use in connection with the determination of eligibility for begin insert specified end insert 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. begin delete 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. end delete

begin delete

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.

end delete

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 begin insert instead require a county human services agency to conduct a telephone interview for purposes of determining eligibility at initial application and recertification, except as provided, and would end insert require a county human services agency to facilitate submission of required documents using electronic and telephone technologies begin delete for the purpose of determining eligibility, and end delete begin insert to the greatest extent possible. The bill end insert would also expand the circumstances under which a face-to-face interview is begin delete required. end delete begin insert required, and would authorize an electronic interview to be conducted if the county human services agency and the applicant or recipient both have the capacity to participate in an electronic interview. end insert 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 begin delete develop a syste end delete begin delete m end delete begin insert make available a standard technological solution end insert 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 begin delete programs, end delete begin insert programs
under this division, end insert the department shall develop and make
available to begin delete county human services agencies, for use at their option, end delete
begin insert the Statewide Automated Welfare System established pursuant to
Section 10823, end insert an electronic verification begin delete system end delete begin insert process end insert that allows
begin insert county human services agency end insert eligibility workers to begin insert , at their
option, end insert access data available electronically from begin delete other state end delete
begin insert appropriate public and private end insert agencies and programs for use in
connection with the determination of eligibility for means-tested
public benefit begin delete programs. end delete begin insert programs under this division. end insert In
developing this electronic verification begin delete system, end delete begin insert process, end insert the
department shall consult with county human services agencies,
eligibility workers, begin insert representatives of the Statewide Automated
Welfare System, end insert and client advocates. begin insert It is the intent of the
Legislature that the electronic verification process be utilized to
the greatest extent possible prior to requesting verification of data
elements from an applicant or recipient. end insert

(b) The electronic verification begin delete system end delete begin insert process end insert 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 begin delete system end delete begin insert process end insert 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 begin delete system end delete begin insert process end insert 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.  

(a) To the extent permitted by federal law, and
begin delete subject to the limitation end delete begin insert except as provided end insert in begin delete paragraph (1), end delete
begin insert paragraphs (1) and (2), end insert each county human services agency shall
begin delete exempt a household from complying with face-to-face interview
requirements end delete begin insert conduct a telephone interview end insert for purposes of
determining eligibility at initial application and begin delete recertification, end delete
begin insert recertification end insert and shall facilitate submission of required
documents using electronic and telephone begin delete technologies. end delete
begin insert technologies to the greatest extent possible. end insert

(1) A face-to-face interview shall be begin delete required end delete begin insert conducted end insert if any
of the following occur:

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

(B) On a case-by-case basis, begin delete it end delete begin insert a face-to-face interview end insert is
deemed necessary by the county to clarify a condition of eligibility.

(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, begin delete a end delete begin insert the end insert face-to-face interview shall
be conducted in a mutually acceptable location.

begin delete

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

end delete begin insert

(2) An electronic interview may be conducted in place of a
telephone or face-to-face interview if the county human services
agency and the applicant or recipient both have the capacity to
participate in an electronic interview.

end insert

(3) A begin delete face-to-face interview and telephone end delete begin insert face-to-face,
telephone, or electronic end insert interview shall be conducted by begin insert a end insert county
human services agency begin delete staff. end delete begin insert eligibility worker. end 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.

(2) The department shall coordinate with county human services
agencies to begin delete create a system end delete begin insert make available a standard
technological solution end insert that has the capacity to store telephonic and
electronic signatures. The department shall, in begin delete developing this
system, end delete begin insert identifying this solution, end insert work with county human services
agencies begin insert , client advocates, the Statewide Automated Welfare
System end insert begin insert , end insert and begin delete with end delete the Office of Systems Integration to ensure begin delete this
system is designed to be directly accessed through the statewide
automated welfare system developed pursuant to Section 10823
and that end delete begin insert maximum compatibility with the Statewide Automated
Welfare System end insert begin insert and to provide that end insert the telephonic and electronic
signatures begin delete would end delete begin insert will end insert be stored within the begin delete statewide automated
welfare system, if appropriate. end delete begin insert end insert begin insert Statewide Automated Welfare
System end insert begin insert , as appropriate. end insert

(3) A county shall not be required to use begin delete this system end delete begin insert the solution
identified pursuant to paragraph (2) end insert if the county is complying
with the guidance established by the department pursuant to
paragraph (1). begin insert It is the intent of the Legislature that this section
ensure that applicants and recipients in all counties have the ability
to utilize telephonic and electronic signatures. end insert

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

begin delete

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. 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.

(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 delete

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

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.