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 ****