BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 947| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 947 Author: Pan (D) Amended: 8/18/16 Vote: 21 SENATE HUMAN SERVICES COMMITTEE: 3-0, 3/29/16 AYES: McGuire, Hancock, Liu NO VOTE RECORDED: Berryhill, Nguyen SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/27/16 AYES: Lara, Beall, Hill, McGuire, Mendoza NOES: Bates, Nielsen SENATE FLOOR: 29-9, 6/1/16 AYES: Allen, Beall, Block, Cannella, De León, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Nguyen, Pan, Pavley, Roth, Vidak, Wieckowski, Wolk NOES: Anderson, Bates, Berryhill, Fuller, Gaines, Huff, Morrell, Nielsen, Stone NO VOTE RECORDED: Galgiani, Runner ASSEMBLY FLOOR: 61-17, 8/22/16 - See last page for vote SUBJECT: Public assistance: personal interviews SOURCE: Coalition of California Welfare Rights Organizations County Welfare Directors Association of California Western Center on Law and Poverty DIGEST: This bill establishes the County Option of Efficient Interviewing of California Work Opportunity and Responsibility SB 947 Page 2 to Kids (CalWORKs) Applicants Act of 2016 and authorizes a county to conduct the interview of an applicant for CalWORKs via telephone or other electronic means in lieu of an in-person interview, unless otherwise requested by the applicant. Assembly Amendments require that the a county that elects to conduct the interview telephonically or through other electronic means shall include a set of procedures in its county plan that ensure that clients whose interviews are conducted telephonically or through other electronic means are provided with the same information that is provided to individuals who have their interviews conducted in person; and make other technical changes. ANALYSIS: Existing law: 1)Establishes the federal Temporary Assistance for Needy Families (TANF) program, which permits states to implement the program under a state plan. (42 USC § 601 et seq.) 2)Establishes in state law the CalWORKs program to provide cash assistance and other social services for low-income families through the TANF program. Under CalWORKs, each county provides assistance through a combination of state, county and federal TANF funds. (WIC 10530) 3)Prohibits an applicant from being granted public assistance under CalWORKs until he or she is personally interviewed by the county human services agency or state hospital staff. (WIC 11052.5) 4)Requires the personal interview to be conducted promptly following the application for CalWORKs assistance. If an SB 947 Page 3 applicant is incapable of acting in his or her own behalf, the county department shall verify this fact by personal contact with the applicant before aid is authorized. (WIC 11052.5) 5)Establishes under federal law the Supplemental Nutrition Assistance Program (SNAP) within the US Department of Agriculture (USDA) to promote the general welfare and to safeguard the health and wellbeing of the nation's population by raising the levels of nutrition among low-income households. It establishes SNAP eligibility requirements. (7 CFR 271.1; 7 CFR 273.9) 6)Establishes in California statute the CalFresh program to administer the provision of federal SNAP benefits to families and individuals meeting specified criteria. (WIC 18900 et seq.) This bill: 1)Names this bill the County Option of Efficient Interviewing of CalWORKs Applicants Act of 2016. 2)Authorizes a county to conduct the interview of an applicant for CalWORKs via telephone or other electronic means in lieu of an in-person interview, unless otherwise requested by the applicant. 3)Requires a county that elects to conduct interviews telephonically or through other electronic means to include in its county plan a set of procedures for conducting interviews in that manner that ensure that interviewed clients are provided with the same information as clients interviewed in person. 4)Makes technical changes. Background According to the author, the counties that have set up the infrastructure to do telephone interviews for CalFresh applicants should have the option to do the same for CalWORKs applicants if it would achieve administrative efficiency. The SB 947 Page 4 author also states the cost of transportation can be very burdensome, especially for families living in rural California. As noted by one of the bill's sponsors, the Coalition of California Welfare Rights Organization, current law was "enacted before the advent of modern tools that allow for interviews to be completed and, recorded and stored electronically in the case file. Today, these interviews can be completed telephonically, by video or electronically in ways that are more efficient without compromising the integrity of the program." According to the California Department of Social Services (CDSS), if SB 947 were signed into law, CalWORKs applicants will still be required to sign their application forms and submit fingerprints and photographs to the county human services agencies. CalWORKs CalWORKs implements the federal TANF program in California. In addition to temporary cash assistance to meet basic family needs, CalWORKs provides education, employment and training programs. CDSS is the designated state agency responsibility for program supervision at the state level. The counties are responsible for administering the caseloads at the local level. The CalWORKs program is funded with a mix of federal, state, and county funds. State law provides for a cumulative 48-month lifetime limit on cash aid for adults. During those 48 months, adults may receive a total of 24 months of Welfare-to-Work (WTW) services and activities. WTW activities include subsidized and unsubsidized employment, community service, adult basic education, job skills, training, mental health counseling, substance abuse treatment and other activities necessary to assist recipients in obtaining employment. Once the 24 months of WTW activities have been exhausted, adults must meet the stricter federal work participation requirements (20, 30, or 35 hours weekly, depending on family composition) unless they are exempt or receive an extension. Children of adults who exhaust the 48-month lifetime limit may continue to receive cash aid, if otherwise eligible, up to age 18. SB 947 Page 5 CalFresh CalFresh provides monthly benefits to assist low-income households in purchasing food or food product intended for human consumption. CalFresh benefits are 100% federally funded and national eligibility standards and benefit levels are established by the federal government. To participate in CalFresh, households must meet certain income-eligibility standards. The average monthly benefit for a CalFresh recipient in federal fiscal year 2015 was $126.83 per month, or $4.23 per day, according to the USDA. Households who receive or are eligible to receive cash assistance under CalWORKs or General Assistance/General Relief programs are categorically eligible for CalFresh. CalFresh currently serves approximately 4.4 million people, according to USDA data. Nonetheless, California's participation rate has been ranked last or near last in the country for years, prompting concerns from the USDA, stories in the state's newspapers and two Legislative hearings in 2014. Use of telephone interviews for CalFresh Under USDA Food and Nutrition Services Waiver #2130007 and state and federal regulations (US 7 CFR 273.2(e)(3) and California Manual of Policies and Procedures (Section 63-300.46) California's county human services agencies have the option to allow CalFresh applicants to satisfy the interview requirement over the telephone rather than mandating a face-to-face interview. In 2009, CDSS informed county welfare departments via All County Letter (ACL) #09-62 that they had the option of waiving the face-to-face interview for CalFresh applicants and recipients at initial application, recertification, or both. In 2012, CDSS issued ACL #12-26 stating, "As an element of program simplification and as part of CDSS commitment to improving access, offering the option of a telephone interview SB 947 Page 6 in lieu of a face-to-face interview will now be required at intake and recertification." The same ACL reported that waiving the requirement for a face-to-face interview "has not negatively affected payment error rates, is beneficial for CalFresh applicants and recipients, and provides administrative relief for county staff. In 2013, the USDA granted California an extension of its waiver of the face-to-face interview requirement through May 31, 2017. Online application for Medi-Cal California's version of the federal Medicaid program, Medi-Cal, services low-income individuals, including but not limited to: families, seniors, persons with disabilities, children in foster care, pregnant women, and childless adults with incomes below 138% of federal poverty level. Applications for Medi-Cal benefits may be filed online, in person or by mail. All applicants are required to submit some signed documents, so there is still paperwork component of the Medi-Cal application process. Related/Prior Legislation SB 297 (McGuire, 2015) would have facilitated electronic verification of eligibility for certain means-tested public benefits programs; clarified when an eligibility worker should conduct a telephone interview; required CDSS to develop technology to store telephonic and electronic signatures and to issue guidance for recording and storing electronic and telephonic signatures. The bill was held in Senate Appropriations Committee. SB 312 (Pan, 2015) would have authorized the county human services agency or state hospital staff to conduct a personal interview of CalWORKs applicants telephonically or through electronic means. The bill would have required a face-to-face interview to be conducted if requested by an applicant or recipient. This bill was held in the Senate Appropriations Committee. AB 1970 (Skinner, 2012) sought to modernize and streamline the SB 947 Page 7 administration of, and remove barriers to participation in, social services programs, including removing the face-to-face interview requirement for CalWORKs and CalFresh as a condition of receipt of aid. AB 1970 was held in the Senate Appropriations Committee. AB 6 (Fuentes, Chapter 501, Statutes of 2011) removed the CalFresh fingerprinting requirement, modified reporting requirements from quarterly to semi-annually, and made other changes. AB 231 (Steinberg, Chapter 743, Statutes of 2003) permitted counties to exempt a household from complying with the face-to-face interview required by a CalFresh applicant, in addition to other policy changes. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No According to the Senate Appropriations Committee: Interviews via telephonic/electronic means: Potentially significant one-time and near-term non-reimbursable local costs for equipment, staffing, and/or training to implement new processes. To the extent conducting interviews by telephone or electronic means results in administrative efficiencies could result in significant ongoing future cost savings. CalWORKs benefits/administration: Potential increases or decreases in CalWORKs benefits and administration costs (General Fund) to the extent conducting interviews by telephone or electronic means results in a greater or lesser number of applications for aid granted. To the extent this bill removes barriers and/or delays in applying for and being granted aid, CalWORKs program costs could increase. However, to the extent reduced utilization of in-person interviews prevents or delays the receipt of verification and/or clarification, applications that otherwise may have been SB 947 Page 8 approved could potentially be delayed or denied. SUPPORT: (Verified 8/22/16) Coalition of California Welfare Rights Organizations (co-source) County Welfare Directors Association of California (co-source) Western Center on Law and Poverty (co-source) California Association of Food Banks California Food Policy Advocates California State Association of Counties Children's Defense Fund - California Courage Campaign National Association of Social Workers Santa Clara County Board of Supervisors OPPOSITION: (Verified8/22/16) None received ASSEMBLY FLOOR: 61-17, 8/22/16 AYES: Achadjian, Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Mullin, Nazarian, O'Donnell, Olsen, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wilk, Williams, Wood, Rendon NOES: Travis Allen, Bigelow, Brough, Chang, Dahle, Beth Gaines, Gallagher, Gatto, Grove, Hadley, Jones, Mathis, Obernolte, Patterson, Steinorth, Wagner, Waldron NO VOTE RECORDED: Harper, Melendez SB 947 Page 9 Prepared by:Taryn Smith / HUMAN S. / (916) 651-1524 8/23/16 9:18:47 **** END ****