Amended in Senate March 28, 2016

Senate BillNo. 1339


Introduced by Senator Monning

February 19, 2016


An act tobegin delete amendend deletebegin insert add Section 10003 to, and to repealend insert Sections 11053 and 11053.2begin delete ofend deletebegin insert of,end insert the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL’S DIGEST

SB 1339, as amended, Monning. Public social services: intercounty transfers.

Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of state and county funds and federal funds received through the Temporary Assistance for Needy Families (TANF) program, each county provides cash assistance and other benefits to qualified low-income families.

Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which qualified low-income persons are provided with health care services.

Existing law establishes a statewide program to enable eligible low-income persons to receive food stamps under the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh. Existing law requires counties to implement the program, including determining eligibility and distributing CalFresh benefits. Existing law requires the State Department of Social Services to establish and implement a process of intercounty transfer of eligibility for CalFresh benefits, and to take various regulatory actions.

Under existing law, a recipient of aid who is changing residence from one county to another within the state is required to notify the county paying aid to the recipient of the move, and to apply for a redetermination of eligibility within the new county of residence. Existing law imposes various requirements on the relevant counties, including requiring the county to which the recipient has moved to determine the recipient’s continued eligibility for payment of aid and, to the extent possible, the recipient’s eligibility for the Medi-Cal program.

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This bill would delete a requirement that the first county notify the second county of the recipient’s move, and would instead provide that the new county of residence is responsible for the payment of aid and CalFresh benefits as soon as either county becomes aware of the recipient’s move, and is responsible for the provision of Medi-Cal benefits as of the first day of the month following 30 days after the new county is notified of the recipient’s relocation. The bill would also provide that a Medi-Cal beneficiary who is enrolled in a Medi-Cal managed care plan and who changes residence to a county in which that managed care plan does not operate, shall, prior to the transfer of his or her Medi-Cal benefits, be entitled to receive services from a Medi-Cal provider in the county to which he or she has moved. Because this bill imposes additional duties on counties with regard to the provision of aid, this bill would impose a state-mandated local program.

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This bill would extend the dates upon which the State Department of Social Services would be required to establish and implement the CalFresh intercounty transfer process and take related regulatory action.

end delete
begin insert

This bill would delete those provisions relating to the notice and redetermination of aid procedures for when a recipient of aid changes residence from one county to another within the state, including the procedures for intercounty transfer of CalFresh benefits. The bill would instead require the recipient to notify either the county from which he or she moves or the county to which he or she moves of the change of residence, and as soon as either county is aware of the move, would require that county to initiate an intercounty transfer for specified public social service benefits, which shall be transferred within 30 days after the county becomes aware of the recipient’s move. The bill would prohibit, to the extent permitted by federal law and regulation, the new county of residence from interviewing recipients from another county to determine continued eligibility for the CalWORKs or CalFresh programs until the next scheduled recertification or redetermination, and would require case file documents to be shared electronically between the prior county of residence and the new county of residence. The bill would provide that a Medi-Cal beneficiary moving to a new county is entitled to medical assistance in the county that he or she is residing in at the time and would require the beneficiary to, if he or she is still enrolled in the managed care health plan in the county from which he or she moved and needs services in the new county, upon request, be disenrolled immediately from his or her managed care plan and either receive services through the fee-for-services delivery system or be enrolled in a Medi-Cal managed care plan in the new county. Because this bill would impose additional duties on counties with regard to the provision of aid, this bill would impose a state-mandated local program.

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Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.

This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.

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:

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P3    1

SECTION 1.  

Section 11053 of the Welfare and Institutions
2Code
is amended to read:

3

11053.  

(a) It shall be the responsibility of a recipient changing
4residence from one county to another within the state to promptly
5notify the county paying aid to the recipient of the move and to
6apply for a redetermination of eligibility within the new county of
7residence. As soon as either county is aware of the move, the
8county to which the recipient has moved will be responsible for
9payment of aid and, to the extent possible, as determined by the
10Director of Health Care Services, responsible for providing
11Medi-Cal benefits as of the first day of the month following 30
P4    1days after the first county has notified the second county of the
2recipient’s relocation.

3(b) Notwithstanding subdivision (a) or any other law, a Medi-Cal
4beneficiary who is enrolled in a Medi-Cal managed care plan, and
5who changes residence to a county in which that managed care
6plan does not operate, shall, prior to the transfer of his or her
7Medi-Cal benefits, be entitled to receive services from a Medi-Cal
8provider in the county to which he or she has moved.

9

SEC. 2.  

Section 11053.2 of the Welfare and Institutions Code
10 is amended to read:

11

11053.2.  

(a) Notwithstanding any other law, the department
12shall establish a process of intercounty transfer of eligibility for
13CalFresh benefits provided under Chapter 10 (commencing with
14Section 18900) of Part 6 when a recipient changes residence from
15one county to another within the state. The intercounty transfer
16process shall facilitate a recipient’s move from one county to
17another without a break in benefits and without requiring a new
18application to be submitted to the new county of residence.

19(b) (1) For CalFresh recipients who are receiving CalWORKs
20benefits pursuant to Chapter 2 (commencing with Section 11200),
21the intercounty transfer process utilized for CalWORKs shall be
22used.

23(2) For CalFresh recipients who are receiving Medi-Cal benefits
24pursuant to Chapter 7 (commencing with Section 14000), but are
25not receiving CalWORKs benefits pursuant to Chapter 2
26(commencing with Section 11200), the intercounty transfer process
27utilized for the Medi-Cal program shall be used.

28(3) This subdivision shall be implemented no later than April
291, 2017.

30(c) For CalFresh recipients who are not receiving CalWORKs
31or Medi-Cal benefits as described in paragraphs (1) and (2) of
32subdivision (b), an intercounty transfer process shall be developed,
33in consultation with representatives of county human services
34departments and advocates for recipients. To the greatest extent
35possible, the process shall be simple, client friendly, ensure the
36client does not need to provide copies of documents that were
37previously provided to the prior county of residence, build on
38existing processes for the programs described in paragraphs (1)
39and (2) of subdivision (b), and minimize workload for county
P5    1eligibility operations. The process developed pursuant to this
2subdivision shall be implemented no later than July 1, 2017.

3(d) Upon the implementation of the intercounty transfer
4procedures set forth in this section, it shall be the responsibility of
5a recipient changing residence from one county to another within
6the state to notify his or her prior county of residence of his or her
7move. The prior county of residence shall notify the new county
8of the recipient’s move as soon as the recipient’s location in the
9new county is known. The new county of residence shall be
10responsible for determining the recipient’s continued eligibility
11for payment of CalFresh benefits. To the extent permitted by
12federal law, the new county of residence shall not be required to
13interview persons in the CalFresh household to determine continued
14eligibility until the next scheduled recertification or other regularly
15scheduled interview.

16(e) Notwithstanding the Administrative Procedure Act (Chapter
173.5 (commencing with Section 11340) of Part 1 of Division 3 of
18Title 2 of the Government Code), the department may implement
19this section through all-county letters, or similar instructions from
20the director no later than April 1, 2017, with respect to subdivision
21(b), and no later than July 1, 2017, with respect to subdivision (c).

22(f) The department shall adopt regulations as otherwise
23necessary to implement this section no later than July 1, 2017.
24Emergency regulations adopted for implementation of this section
25may be adopted by the director in accordance with the
26Administrative Procedure Act (Chapter 3.5 (commencing with
27Section 11340) of Part 1 of Division 3 of Title 2 of the Government
28Code). The adoption of emergency regulations shall be deemed to
29be an emergency and necessary for immediate preservation of the
30public peace, health and safety, or general welfare. The emergency
31regulations shall be exempt from review by the Office of
32Administrative Law. The emergency regulations authorized by
33this section shall be submitted to the Office of Administrative Law
34for filing with the Secretary of State and shall remain in effect for
35no more than 180 days.

end delete
36begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 10003 is added to the end insertbegin insertWelfare and
37Institutions Code
end insert
begin insert, to read:end insert

begin insert
38

begin insert10003.end insert  

(a) It shall be the responsibility of a recipient changing
39residence from one county to another to promptly notify either the
40county from which he or she moves or the county to which he or
P6    1she moves of the change of residence. Recipients of CalWORKs,
2CalFresh, or Medi-Cal shall have the right to report a change of
3residence in person, in writing, telephonically, or, if the technology
4is available, electronically online and shall be advised of this right
5at the time of application and redetermination or recertification.
6If a recipient moves from one county to another county, as soon
7as either county is aware of the move, that county shall initiate an
8intercounty transfer for all benefits under this division that the
9recipient is receiving. Benefits for all programs for which the
10recipient is eligible shall be transferred within 30 days after any
11county becomes aware of the recipient’s move in order to effectuate
12the earliest possible start date.

13
(b) To the greatest extent possible, the intercounty transfer
14process shall be simple and client friendly and minimize workload
15for county eligibility operations. The process shall ensure the
16applicant or recipient does not need to provide copies of documents
17that were previously provided to the prior county of residence,
18and there is no interruption in benefits.

19
(c) Case file documents shall be electronically shared between
20the prior county of residence and the new county of residence, to
21the extent possible, as specified by the relevant state departments.

22
(d) To the extent permitted by federal law and regulation, the
23new county of residence shall not interview recipients moving to
24that county from another county to determine continued eligibility
25for CalWORKs or CalFresh until the next scheduled recertification
26pursuant to 18910.1 or redetermination pursuant to section 11265.

27
(e) Notwithstanding subdivision (a) or any other law, a Medi-Cal
28beneficiary moving to a new county shall be entitled to medical
29assistance in the county that he or she is residing in at the time,
30even if he or she is enrolled in a prepaid health care plan in
31another county. For beneficiaries required to receive services
32through a Medi-Cal managed care plan, the following shall apply:

33
(1) If the beneficiary moves to a county that provides Medi-Cal
34services through a county organized health system, the beneficiary
35shall be enrolled in that county organized health system plan on
36the first day of the month the new county of residence assumes
37responsibility for that beneficiary.

38
(2) If the beneficiary is still enrolled in the managed care health
39plan in the county from which he or she moved and needs services
40in the new county, the beneficiary shall, upon request, be
P7    1disenrolled immediately from his or her managed care plan and
2either receive services through the fee-for-services delivery system
3or be enrolled in a Medi-Cal managed care plan in the new county.
4A beneficiary may make this request by telephone, in person, or
5electronically online. The request shall be available for submission
6by the beneficiary electronically online to reduce administrative
7costs and increase access to medical services for Medi-Cal
8beneficiaries.

9
(f) Failure to report a move to a different county within the state
10in itself shall not constitute a basis for an overpayment.

end insert
11begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 11053 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
12repealed.end insert

begin delete
13

11053.  

It shall be the responsibility of a recipient changing
14residence from one county to another within the state to promptly
15notify the county paying aid to the recipient of the move and to
16apply for a redetermination of eligibility within the new county of
17residence. The first county shall notify the second county of the
18recipient’s move as soon as the recipient’s location in the second
19county is known. The county to which the recipient has moved
20will be responsible for determining the recipient’s continued
21eligibility for payment of aid and, to the extent possible, as
22determined by the Director of Health Services, eligibility for the
23Medi-Cal program, as of the first day of the month following 30
24days after the first county has notified the second county of the
25recipient’s relocation. The first county shall provide the second
26county with copies of those documents, as specified by the
27department, necessary to establish current eligibility and grant
28amount.

end delete
29begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 11053.2 of the end insertbegin insertWelfare and Institutions Codeend insert
30
begin insert is repealed.end insert

begin delete
31

11053.2.  

(a) Notwithstanding any other law, the department
32shall establish a process of intercounty transfer of eligibility for
33CalFresh benefits provided under Chapter 10 (commencing with
34Section 18900) of Part 6 when a recipient changes residence from
35one county to another within the state. The intercounty transfer
36process shall facilitate a recipient’s move from one county to
37another without a break in benefits and without requiring a new
38application to be submitted to the new county of residence.

39(b) (1) For CalFresh recipients who are receiving CalWORKs
40benefits pursuant to Chapter 2 (commencing with Section 11200),
P8    1the intercounty transfer process utilized for CalWORKs shall be
2used.

3(2) For CalFresh recipients who are receiving Medi-Cal benefits
4pursuant to Chapter 7 (commencing with Section 14000), but are
5not receiving CalWORKs benefits pursuant to Chapter 2
6(commencing with Section 11200), the intercounty transfer process
7utilized for the Medi-Cal program shall be used.

8(3) This subdivision shall be implemented no later than April
91, 2011.

10(c) For CalFresh recipients who are not receiving CalWORKs
11or Medi-Cal benefits as described in paragraphs (1) and (2) of
12subdivision (b), an intercounty transfer process shall be developed,
13in consultation with representatives of county human services
14departments and advocates for recipients. To the greatest extent
15possible, the process shall be simple, client friendly, ensure the
16client does not need to provide copies of documents that were
17previously provided to the prior county of residence, build on
18existing processes for the programs described in paragraphs (1)
19and (2) of subdivision (b), and minimize workload for county
20eligibility operations. The process developed pursuant to this
21subdivision shall be implemented no later than July 1, 2011.

22(d) Upon the implementation of the intercounty transfer
23procedures set forth in this section, it shall be the responsibility of
24a recipient changing residence from one county to another within
25the state to notify his or her prior county of residence of his or her
26move. The prior county of residence shall notify the new county
27of the recipient’s move as soon as the recipient’s location in the
28new county is known. The new county of residence shall be
29responsible for determining the recipient’s continued eligibility
30for payment of CalFresh benefits. To the extent permitted by
31federal law, the new county of residence shall not be required to
32interview persons in the CalFresh household to determine continued
33eligibility until the next scheduled recertification or other regularly
34scheduled interview.

35(e) Notwithstanding the Administrative Procedure Act (Chapter
363.5 (commencing with Section 11340) of Part 1 of Division 3 of
37Title 2 of the Government Code), the department may implement
38this section through all-county letters, or similar instructions from
39the director no later than April 1, 2011, with respect to subdivision
40(b), and no later than July 1, 2011, with respect to subdivision (c).

P9    1(f) The department shall adopt regulations as otherwise
2necessary to implement this section no later than July 1, 2012.
3Emergency regulations adopted for implementation of this section
4may be adopted by the director in accordance with the
5Administrative Procedure Act (Chapter 3.5 (commencing with
6Section 11340) of Part 1 of Division 3 of Title 2 of the Government
7Code). The adoption of emergency regulations shall be deemed to
8be an emergency and necessary for immediate preservation of the
9public peace, health and safety, or general welfare. The emergency
10regulations shall be exempt from review by the Office of
11Administrative Law. The emergency regulations authorized by
12this section shall be submitted to the Office of Administrative Law
13for filing with the Secretary of State and shall remain in effect for
14no more than 180 days.

end delete
15

begin deleteSEC. 3.end delete
16
begin insertSEC. 4.end insert  

No appropriation pursuant to Section 15200 of the
17Welfare and Institutions Code shall be made for purposes of
18implementing this act.

19

begin deleteSEC. 4.end delete
20
begin insertSEC. 5.end insert  

If the Commission on State Mandates determines that
21this act contains costs mandated by the state, reimbursement to
22local agencies and school districts for those costs shall be made
23pursuant to Part 7 (commencing with Section 17500) of Division
244 of Title 2 of the Government Code.



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