BILL NUMBER: SB 1339 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Monning
FEBRUARY 19, 2016
An act to amend add Section 10003 to, and
to repeal Sections 11053 and 11053.2 of
of, 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.
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.
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.
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.
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:
SECTION 1. Section 11053 of the Welfare and
Institutions Code is amended to read:
11053. (a) It shall be the responsibility of a recipient changing
residence from one county to another within the state to promptly
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. As soon as either county is aware of the move, the county
to which the recipient has moved will be responsible for payment of
aid and, to the extent possible, as determined by the Director of
Health Care Services, responsible for providing Medi-Cal benefits as
of the first day of the month following 30 days after the first
county has notified the second county of the recipient's relocation.
(b) Notwithstanding subdivision (a) or any other law, 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.
SEC. 2. Section 11053.2 of the Welfare and
Institutions Code is amended to read:
11053.2. (a) Notwithstanding any other law, the department shall
establish a process of intercounty transfer of eligibility for
CalFresh benefits provided under Chapter 10 (commencing with Section
18900) of Part 6 when a recipient changes residence from one county
to another within the state. The intercounty transfer process shall
facilitate a recipient's move from one county to another without a
break in benefits and without requiring a new application to be
submitted to the new county of residence.
(b) (1) For CalFresh recipients who are receiving CalWORKs
benefits pursuant to Chapter 2 (commencing with Section 11200), the
intercounty transfer process utilized for CalWORKs shall be used.
(2) For CalFresh recipients who are receiving Medi-Cal benefits
pursuant to Chapter 7 (commencing with Section 14000), but are not
receiving CalWORKs benefits pursuant to Chapter 2 (commencing with
Section 11200), the intercounty transfer process utilized for the
Medi-Cal program shall be used.
(3) This subdivision shall be implemented no later than April 1,
2017.
(c) For CalFresh recipients who are not receiving CalWORKs or
Medi-Cal benefits as described in paragraphs (1) and (2) of
subdivision (b), an intercounty transfer process shall be developed,
in consultation with representatives of county human services
departments and advocates for recipients. To the greatest extent
possible, the process shall be simple, client friendly, ensure the
client does not need to provide copies of documents that were
previously provided to the prior county of residence, build on
existing processes for the programs described in paragraphs (1) and
(2) of subdivision (b), and minimize workload for county eligibility
operations. The process developed pursuant to this subdivision shall
be implemented no later than July 1, 2017.
(d) Upon the implementation of the intercounty transfer procedures
set forth in this section, it shall be the responsibility of a
recipient changing residence from one county to another within the
state to notify his or her prior county of residence of his or her
move. The prior county of residence shall notify the new county of
the recipient's move as soon as the recipient's location in the new
county is known. The new county of residence shall be responsible for
determining the recipient's continued eligibility for payment of
CalFresh benefits. To the extent permitted by federal law, the new
county of residence shall not be required to interview persons in the
CalFresh household to determine continued eligibility until the next
scheduled recertification or other regularly scheduled interview.
(e) Notwithstanding the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), the department may implement this section
through all-county letters, or similar instructions from the director
no later than April 1, 2017, with respect to subdivision (b), and no
later than July 1, 2017, with respect to subdivision (c).
(f) The department shall adopt regulations as otherwise necessary
to implement this section no later than July 1, 2017. Emergency
regulations adopted for implementation of this section may be adopted
by the director in accordance with the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code). The adoption of emergency
regulations shall be deemed to be an emergency and necessary for
immediate preservation of the public peace, health and safety, or
general welfare. The emergency regulations shall be exempt from
review by the Office of Administrative Law. The emergency regulations
authorized by this section shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and shall
remain in effect for no more than 180 days.
SECTION 1. Section 10003 is added to the
Welfare and Institutions Code , to read:
10003. (a) It shall be the responsibility of a recipient changing
residence from one county to another to promptly notify either the
county from which he or she moves or the county to which he or she
moves of the change of residence. Recipients of CalWORKs, CalFresh,
or Medi-Cal shall have the right to report a change of residence in
person, in writing, telephonically, or, if the technology is
available, electronically online and shall be advised of this right
at the time of application and redetermination or recertification. If
a recipient moves from one county to another county, as soon as
either county is aware of the move, that county shall initiate an
intercounty transfer for all benefits under this division that the
recipient is receiving. Benefits for all programs for which the
recipient is eligible shall be transferred within 30 days after any
county becomes aware of the recipient's move in order to effectuate
the earliest possible start date.
(b) To the greatest extent possible, the intercounty transfer
process shall be simple and client friendly and minimize workload for
county eligibility operations. The process shall ensure the
applicant or recipient does not need to provide copies of documents
that were previously provided to the prior county of residence, and
there is no interruption in benefits.
(c) Case file documents shall be electronically shared between the
prior county of residence and the new county of residence, to the
extent possible, as specified by the relevant state departments.
(d) To the extent permitted by federal law and regulation, the new
county of residence shall not interview recipients moving to that
county from another county to determine continued eligibility for
CalWORKs or CalFresh until the next scheduled recertification
pursuant to 18910.1 or redetermination pursuant to section 11265.
(e) Notwithstanding subdivision (a) or any other law, a Medi-Cal
beneficiary moving to a new county shall be entitled to medical
assistance in the county that he or she is residing in at the time,
even if he or she is enrolled in a prepaid health care plan in
another county. For beneficiaries required to receive services
through a Medi-Cal managed care plan, the following shall apply:
(1) If the beneficiary moves to a county that provides Medi-Cal
services through a county organized health system, the beneficiary
shall be enrolled in that county organized health system plan on the
first day of the month the new county of residence assumes
responsibility for that beneficiary.
(2) If the beneficiary 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, the beneficiary shall, 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. A
beneficiary may make this request by telephone, in person, or
electronically online. The request shall be available for submission
by the beneficiary electronically online to reduce administrative
costs and increase access to medical services for Medi-Cal
beneficiaries.
(f) Failure to report a move to a different county within the
state in itself shall not constitute a basis for an overpayment.
SEC. 2. Section 11053 of the Welfare
and Institutions Code is repealed.
11053. It shall be the responsibility of a recipient changing
residence from one county to another within the state to promptly
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. The first county shall notify the second county of the
recipient's move as soon as the recipient's location in the second
county is known. The county to which the recipient has moved will be
responsible for determining the recipient's continued eligibility for
payment of aid and, to the extent possible, as determined by the
Director of Health Services, eligibility for the Medi-Cal program, as
of the first day of the month following 30 days after the first
county has notified the second county of the recipient's relocation.
The first county shall provide the second county with copies of those
documents, as specified by the department, necessary to establish
current eligibility and grant amount.
SEC. 3. Section 11053.2 of the Welfare
and Institutions Code is repealed.
11053.2. (a) Notwithstanding any other law, the department shall
establish a process of intercounty transfer of eligibility for
CalFresh benefits provided under Chapter 10 (commencing with Section
18900) of Part 6 when a recipient changes residence from one county
to another within the state. The intercounty transfer process shall
facilitate a recipient's move from one county to another without a
break in benefits and without requiring a new application to be
submitted to the new county of residence.
(b) (1) For CalFresh recipients who are receiving CalWORKs
benefits pursuant to Chapter 2 (commencing with Section 11200), the
intercounty transfer process utilized for CalWORKs shall be used.
(2) For CalFresh recipients who are receiving Medi-Cal benefits
pursuant to Chapter 7 (commencing with Section 14000), but are not
receiving CalWORKs benefits pursuant to Chapter 2 (commencing with
Section 11200), the intercounty transfer process utilized for the
Medi-Cal program shall be used.
(3) This subdivision shall be implemented no later than April 1,
2011.
(c) For CalFresh recipients who are not receiving CalWORKs or
Medi-Cal benefits as described in paragraphs (1) and (2) of
subdivision (b), an intercounty transfer process shall be developed,
in consultation with representatives of county human services
departments and advocates for recipients. To the greatest extent
possible, the process shall be simple, client friendly, ensure the
client does not need to provide copies of documents that were
previously provided to the prior county of residence, build on
existing processes for the programs described in paragraphs (1) and
(2) of subdivision (b), and minimize workload for county eligibility
operations. The process developed pursuant to this subdivision shall
be implemented no later than July 1, 2011.
(d) Upon the implementation of the intercounty transfer procedures
set forth in this section, it shall be the responsibility of a
recipient changing residence from one county to another within the
state to notify his or her prior county of residence of his or her
move. The prior county of residence shall notify the new county of
the recipient's move as soon as the recipient's location in the new
county is known. The new county of residence shall be responsible for
determining the recipient's continued eligibility for payment of
CalFresh benefits. To the extent permitted by federal law, the new
county of residence shall not be required to interview persons in the
CalFresh household to determine continued eligibility until the next
scheduled recertification or other regularly scheduled interview.
(e) Notwithstanding the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), the department may implement this section
through all-county letters, or similar instructions from the director
no later than April 1, 2011, with respect to subdivision (b), and no
later than July 1, 2011, with respect to subdivision (c).
(f) The department shall adopt regulations as otherwise necessary
to implement this section no later than July 1, 2012. Emergency
regulations adopted for implementation of this section may be adopted
by the director in accordance with the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code). The adoption of emergency
regulations shall be deemed to be an emergency and necessary for
immediate preservation of the public peace, health and safety, or
general welfare. The emergency regulations shall be exempt from
review by the Office of Administrative Law. The emergency regulations
authorized by this section shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and shall
remain in effect for no more than 180 days.
SEC. 3. SEC. 4. No appropriation
pursuant to Section 15200 of the Welfare and Institutions Code shall
be made for purposes of implementing this act.
SEC. 4. SEC. 5. 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.