Amended in Assembly August 19, 2016

Amended in Assembly August 1, 2016

Amended in Assembly June 30, 2016

Amended in Assembly June 16, 2016

Amended in Senate May 31, 2016

Amended in Senate April 21, 2016

Amended in Senate April 11, 2016

Amended in Senate March 31, 2016

Amended in Senate March 28, 2016

Senate BillNo. 1339


Introduced by Senator Monning

February 19, 2016


An actbegin delete to amend Section 11102 of, to add Section 10003 to, andend delete tobegin insert amend andend insert repeal Sectionsbegin delete 11053end deletebegin insert 11052.6, 11053,end insert and 11053.2 of,begin insert to amend, repeal, and add Section 11102 of, and to add Section 10003 to,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.

Existing law requires the county where an applicant of a public assistance program lives to be responsible for paying for the aid and requires transfer of the responsibility to pay, when that person moves to another county, to the 2nd county as soon as administratively possible, but not later than the first day of the month following 30 days after notification to the 2nd county.

This bill wouldbegin delete insteadend deletebegin insert instead, commencing June 1, 2017,end insert require the responsibility for payment of aid to transfer to the 2nd county as soon as administrativelybegin delete possible and within 30 days after either county becomes aware of the aid recipient’s move,end deletebegin insert possible,end insert as specified. The bill would delete provisions relating to the determination of the county of residence for an aid recipient who has been released or discharged from a state hospital.

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 wouldbegin delete deleteend deletebegin insert make inoperative on June 1, 2017,end insert 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 wouldbegin delete insteadend deletebegin insert instead, commencing June 1, 2017,end insert 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,begin delete as soon as either county is aware of the move,end deletebegin insert within 7 business days of notice of a new residence,end insert would require that county to initiate an intercounty transfer for specified public social service benefits. The bill would require that the benefits bebegin delete processed for transfer and the new county of residence be reflected in a specified database within 30 days after either of those counties becomes aware of the recipient’s move, as specified.end deletebegin insert transferred no later than the first day of the next available benefit month following 30 days after a county was notified.end insert The bill wouldbegin delete prohibit, to the extent permitted by federal law and regulation,end deletebegin insert prohibitend insert 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.begin delete For a beneficiary required to receive services through a Medi-Cal managed care health plan, who moves to another county, but 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 bill would require the Medi-Cal Managed Care Ombudsman to, upon request by the beneficiary or either county, disenroll the beneficiary as an expedited disenrollment from his or her managed care health plan. The bill would provide that the beneficiary is entitled to the full scope of benefits for which he or she is entitled to in the new county through the fee-for-services delivery system until he or she is enrolled in a Medi-Cal managed care health plan in the new county.end deletebegin insert The bill would require the State Department of Health Care Services and the State Department of Social Services to adopt regulations by July 1, 2021. The bill would require, beginning June 1, 2017, the departments to provide a status report on the adoption of the regulations to the Legislature on a semiannual basis.end insert 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:

P4    1

SECTION 1.  

Section 10003 is added to the Welfare and
2Institutions Code
, to read:

3

10003.  

(a) It shall be the responsibility of a recipientbegin insert of aid
4pursuant to this divisionend insert
changing residence from one county to
5another to promptly notify either the county from which he or she
6moves or the county to which he or she moves of the change of
7residence. Recipients of CalWORKs, CalFresh, or Medi-Cal shall
8have thebegin delete rightend deletebegin insert optionend insert to report a change of residence in person, in
9writing, telephonically, or, if the technology is available,
10electronically online and shall be advised ofbegin delete this rightend deletebegin insert these optionsend insert
11 at the time of application and redetermination or recertification. begin delete12 If a recipient moves from one county to another county, as soon
13as either county is aware of the move, that county shall initiate an
14intercounty transfer for all benefits under this division that the
15recipient is receiving. Benefits for all programs for which the
16recipient is eligible shall be processed for transfer, and the new
17county of residence shall be reflected in the Medi-Cal Eligibility
18Data System, within 30 days after either of those counties becomes
19aware of the recipient’s move in order to effectuate the earliest
20possible start date at the beginning of the next available benefit
21month.end delete
begin insert Within seven business days of notice of a new residence,
22the notified county shall initiate an intercounty transfer for all
23benefits under this division that the recipient is receiving, and
24benefits shall be transferred no later than the first day of the next
25available benefit month following 30 days after a county was
26notified pursuant to this section.end insert

27(b) To the greatest extent possible, the intercounty transfer
28process shall be simple and client friendly and minimize workload
P5    1for county eligibility operations. The process shall ensure the
2applicant or recipient does not need to provide copies of documents
3that were previously provided to the prior county of residence, and
4there is no interruption in benefits.

5(c) Case file documents shall be electronically shared between
6the prior county of residence and the new county of residence, to
7the extent possible, as specified by the relevant state departments.

8(d) begin deleteTo the extent permitted by federal law and regulation, end delete
9begin insertNotwithstanding Section 11052.5, end insertthe new county of residence
10shall not interview recipients moving to that county from another
11county to determine continued eligibility for CalFresh or
12CalWORKs until the next scheduled recertification pursuant to
13Section 18910.1 or redetermination pursuant to Section 11265.
14This section shall not preclude the new county of residence from
15interviewing CalWORKs recipients regarding welfare-to-work
16program participation, which is not a requirement for an intercounty
17transfer of CalWORKs eligibility.

18(e) For beneficiaries required to receive services through a
19Medi-Cal managed care health plan, the following shall apply:

begin insert

20
(1) If the beneficiary moves to another county and is still
21enrolled in a managed care health plan in the county from which
22he or she moved, the beneficiary shall have continued access to
23emergency services and any other coverage the managed care
24health plan authorizes out-of-network until the time that the
25intercounty transfer process pursuant to subdivision (a) is complete
26and the beneficiary is disenrolled from the managed care health
27plan.

end insert
begin delete

5 28(1)

end delete

29begin insert(2)end insert If the beneficiary moves to another county and is still
30enrolled in a managed care health plan in the county from which
31he or she moved and needsbegin delete servicesend deletebegin insert nonend insertbegin insertemergent care that same
32monthend insert
in the new county, the Medi-Cal Managed Care Ombudsman
33shall, upon request by the beneficiary or either county, disenroll
34the beneficiary as an expedited disenrollment from his or her
35managed care healthbegin delete plan effective the next business day after the
36request is made.end delete
begin insert plan. County-initiated disenrollment using an
37online form shall be processed no later than three business days
38after the request is made. Beneficiary-initiated disenrollment by
39telephone shall be effective no later than two business days after
40the request is made when the request is made before 5 p.m. Any
P6    1beneficiary-end insert
begin insertinitiated disenrollment request by phone made after
25 p.m. shall be processed the following business day and be
3effective no later than two business days after the request is
4processed.end insert

begin delete

12 5(2)

end delete

6begin insert(3)end insert A beneficiary who is disenrolled from the managed care
7health plan in the county from which he or she moved pursuant to
8paragraphbegin delete (1)end deletebegin insert (2)end insert shall be entitled to the full scope of benefits for
9which he or she is entitled to in the new county through the
10begin delete fee-for-servicesend deletebegin insert fee-for-serviceend insert delivery system until he or she is
11enrolled in a managed care health plan in the new county.

begin delete

18 12(3)

end delete

13begin insert(4)end insert If the beneficiary moves to a county that provides Medi-Cal
14services through a county organized health system, the beneficiary
15shall be enrolled in that county organized health system plan on
16the first day of thebegin delete monthend deletebegin insert following month onceend insert the new county
17of residence is reflected in the Medi-Cal Eligibility Data System.
18If a beneficiary moves to a county without a county organized
19health system, the usual health plan choice process shall apply.

20(f) Failure to report a move to a different county within the state
21in itself shall not constitute a basis for an overpayment.

begin insert

22
(g) (1) Notwithstanding Chapter 3.5 (commencing with Section
2311340) of Part 1 of Division 3 of Title 2 of the Government Code,
24the State Department of Health Care Services and the State
25Department of Social Services, without taking any further
26regulatory action, shall implement, interpret, or make specific this
27section by means of all-county letters, plan letters, plan or provider
28bulletins, or similar instructions until the time regulations are
29adopted. The State Department of Health Care Services and the
30State Department of Social Services shall adopt regulations by
31July 1, 2021, in accordance with the requirements of Chapter 3.5
32(commencing with Section 11340) of Part 1 of Division 3 of Title
332 of the Government Code.

end insert
begin insert

34
(2) Beginning June 1, 2017, and notwithstanding Section
3510231.5 of the Government Code, the State Department of Health
36Care Services and the State Department of Social Services shall
37provide a status report on the adoption of the regulations to the
38Legislature on a semiannual basis, in compliance with Section
399795 of the Government Code, until regulations have been adopted.

end insert
begin insert

P7    1
(h) This section shall be implemented only if, and to the extent,
2that federal financial participation is available and any necessary
3federal approvals have been obtained.

end insert
begin insert

4
(i) This section shall become operative on June 1, 2017.

end insert
begin delete
5

SEC. 2.  

Section 11053 of the Welfare and Institutions Code is
6repealed.

7

SEC. 3.  

Section 11053.2 of the Welfare and Institutions Code
8 is repealed.

9

SEC. 4.  

Section 11102 of the Welfare and Institutions Code is
10amended to read:

11

11102.  

(a) County residence is not a qualification for aid under
12any public assistance program.

13(b) County responsibility for making aid payments is determined
14as follows:

15(1) The county where the applicant lives shall accept the
16application and shall be responsible for paying the aid.

17(2) Responsibility for payment of aid to a person qualifying for
18and receiving aid from a county, who moves to another county in
19this state to make his or her home, shall be transferred to the second
20county as soon as administratively possible pursuant to the
21requirements set forth in subdivision (a) of Section 10003.

22(c) For purposes of public assistance, the county where an
23applicant or recipient lives is determined as follows:

24(1) For a patient in a state hospital or institution, voluntary,
25nonprofit, or proprietary facility, or other public or private
26institution, the county where he or she was admitted.

27(2) For a person who has had to leave the county where he or
28she normally lives, solely for the purpose of securing care not
29otherwise available to him or her in a medical facility, the county
30where he or she last maintained a living arrangement outside a
31medical facility.

end delete
32begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 11052.6 of the end insertbegin insertWelfare and Institutions Codeend insert
33
begin insert is amended to read:end insert

34

11052.6.  

(a) Notwithstanding any otherbegin delete provision ofend delete law, the
35requirements of Section 11052.5 shall not apply to any caretaker
36relative when all of the following apply:

37(1) He or she is an approved relative pursuant to subdivision
38(d) of Section 309 caring for a child who is a dependent child of
39the court, and is receiving benefits under the CalWORKs program
40on behalf of the child.

P8    1(2) The caretaker relative is changing residence from one county
2to another county and is applying for benefits in the new county
3on behalf of one or more related children who are current recipients
4of benefits under the CalWORKS Program under Chapter 2
5(commencing with Section 11200) of Part 3.

6(3) The caretaker relative is not an applicant for or a recipient
7of benefits under the CalWORKS Program.

8(b) If the caretaker relative subsequently applies for benefits
9under the CalWORKS Program, he or she shall be subject to the
10requirements of Section 11052.5 that are applicable to that
11program.

12(c) The county CalWORKs program shall verify that the
13individual applying for benefits meets the criteria set forth in this
14section.

begin insert

15
(d) This section shall become inoperative on June 1, 2017, and,
16as of January 1, 2018, is repealed, unless a later enacted statute,
17 that becomes operative on or before January 1, 2018, deletes or
18extends the dates on which it becomes inoperative and is repealed.

end insert
19begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 11053 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
20amended to read:end insert

21

11053.  

begin insert(a)end insertbegin insertend insertIt shall be the responsibility of a recipient changing
22residence from one county to another within the state to promptly
23notify the county paying aid to the recipient of the move and to
24apply for a redetermination of eligibility within the new county of
25residence. The first county shall notify the second county of the
26recipient’s move as soon as the recipient’s location in the second
27county is known. The county to which the recipient has moved
28will be responsible for determining the recipient’s continued
29eligibility for payment of aid and, to the extent possible, as
30determined by the Director of Health Services, eligibility for the
31Medi-Cal program, as of the first day of the month following 30
32days after the first county has notified the second county of the
33recipient’s relocation. The first county shall provide the second
34county with copies of those documents, as specified by the
35department, necessary to establish current eligibility and grant
36amount.

begin insert

37
(b) This section shall become inoperative on June 1, 2017, and,
38as of January 1, 2018, is repealed, unless a later enacted statute,
39that becomes operative on or before January 1, 2018, deletes or
40extends the dates on which it becomes inoperative and is repealed.

end insert
P9    1begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 11053.2 of the end insertbegin insertWelfare and Institutions Codeend insert
2
begin insert is amended to read:end insert

3

11053.2.  

(a) Notwithstanding any other law, the department
4shall establish a process of intercounty transfer of eligibility for
5CalFresh benefits provided under Chapter 10 (commencing with
6Section 18900) of Part 6 when a recipient changes residence from
7one county to another within the state. The intercounty transfer
8process shall facilitate a recipient’s move from one county to
9another without a break in benefits and without requiring a new
10application to be submitted to the new county of residence.

11(b) (1) For CalFresh recipients who are receiving CalWORKs
12benefits pursuant to Chapter 2 (commencing with Section 11200),
13the intercounty transfer process utilized for CalWORKs shall be
14used.

15(2) For CalFresh recipients who are receiving Medi-Cal benefits
16pursuant to Chapter 7 (commencing with Section 14000), but are
17not receiving CalWORKs benefits pursuant to Chapter 2
18(commencing with Section 11200), the intercounty transfer process
19utilized for the Medi-Cal program shall be used.

20(3) This subdivision shall be implemented no later than April
211, 2011.

22(c) For CalFresh recipients who are not receiving CalWORKs
23or Medi-Cal benefits as described in paragraphs (1) and (2) of
24subdivision (b), an intercounty transfer process shall be developed,
25in consultation with representatives of county human services
26departments and advocates for recipients. To the greatest extent
27possible, the process shall be simple, client friendly, ensure the
28client does not need to provide copies of documents that were
29previously provided to the prior county of residence, build on
30 existing processes for the programs described in paragraphs (1)
31and (2) of subdivision (b), and minimize workload for county
32eligibility operations. The process developed pursuant to this
33subdivision shall be implemented no later than July 1, 2011.

34(d) Upon the implementation of the intercounty transfer
35procedures set forth in this section, it shall be the responsibility of
36a recipient changing residence from one county to another within
37the state to notify his or her prior county of residence of his or her
38move. The prior county of residence shall notify the new county
39of the recipient’s move as soon as the recipient’s location in the
40new county is known. The new county of residence shall be
P10   1responsible for determining the recipient’s continued eligibility
2for payment of CalFresh benefits. To the extent permitted by
3federal law, the new county of residence shall not be required to
4interview persons in the CalFresh household to determine continued
5eligibility until the next scheduled recertification or other regularly
6scheduled interview.

7(e) Notwithstanding the Administrative Procedure Act (Chapter
83.5 (commencing with Section 11340) of Part 1 of Division 3 of
9Title 2 of the Government Code), the department may implement
10this section through all-county letters, or similar instructions from
11the director no later than April 1, 2011, with respect to subdivision
12(b), and no later than July 1, 2011, with respect to subdivision (c).

13(f) The department shall adopt regulations as otherwise
14necessary to implement this section no later than July 1, 2012.
15Emergency regulations adopted for implementation of this section
16may be adopted by the director in accordance with the
17Administrative Procedure Act (Chapter 3.5 (commencing with
18Section 11340) of Part 1 of Division 3 of Title 2 of the Government
19Code). The adoption of emergency regulations shall be deemed to
20be an emergency and necessary for immediate preservation of the
21public peace, health and safety, or general welfare. The emergency
22regulations shall be exempt from review by the Office of
23Administrative Law. The emergency regulations authorized by
24this section shall be submitted to the Office of Administrative Law
25for filing with the Secretary of State and shall remain in effect for
26no more than 180 days.

begin insert

27
(g) This section shall become inoperative on June 1, 2017, and,
28as of January 1, 2018, is repealed, unless a later enacted statute,
29that becomes operative on or before January 1, 2018, deletes or
30extends the dates on which it becomes inoperative and is repealed.

end insert
31begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 11102 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
32amended to read:end insert

33

11102.  

begin insert(a)end insertbegin insertend insertCounty residence is not a qualification for aid under
34any public assistance program.

begin delete

35County

end delete

36begin insert(b)end insertbegin insertend insertbegin insertCountyend insert responsibility for making aid payments is determined
37as follows:

begin delete

38(a)

end delete

39begin insert(1)end insert The county where the applicant lives shall accept the
40application and shall be responsible for paying the aid.

begin delete

P11   1(b)

end delete

2begin insert(2)end insert Responsibility for payment of aid to any person qualifying
3for and receiving aid from any county, who moves to another
4county in this state to make hisbegin insert or herend insert home, shall be transferred
5to the second county as soon as administratively possible, but not
6later than the first day of the month following 30 days after
7notification to the second county.

begin delete

8For

end delete

9begin insert(c)end insertbegin insertend insertbegin insertForend insert purposes of public assistance the county in which an
10applicant or recipient lives is:

11(1) For a patient in a state hospital or institution, voluntary,
12nonprofit, or proprietary facility or other public or private
13institution, the county from which hebegin insert or sheend insert was admitted.

14(2) For a person who has had to leave the county in which he
15begin insert or sheend insert normally lives, solely for the purpose of securing care not
16otherwise available to himbegin insert or herend insert in a medical facility, the county
17in which hebegin insert or sheend insert last maintained a living arrangement outside a
18medical facility.

begin delete

19(3) For a person who on or after July 1, 1969, has been released
20or discharged from a state hospital, for a period not to exceed three
21years from the date of such release, the county from which he was
22admitted to the hospital.

end delete
begin delete

23(4) For a person who prior to July 1, 1969, has been released
24on leave of absence from a state hospital, the county from which
25he was admitted.

end delete
begin insert

26
(d) This section shall become inoperative on June 1, 2017, and,
27as of January 1, 2018, is repealed, unless a later enacted statute,
28that becomes operative on or before January 1, 2018, deletes or
29extends the dates on which it becomes inoperative and is repealed.

end insert
30begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 11102 is added to the end insertbegin insertWelfare and Institutions
31Code
end insert
begin insert, to read:end insert

begin insert
32

begin insert11102.end insert  

(a) County residence is not a qualification for aid
33under any public assistance program.

34
(b) County responsibility for making aid payments is determined
35as follows:

36
(1) The county where the applicant lives shall accept the
37application and shall be responsible for paying the aid.

38
(2) Responsibility for payment of aid to a person qualifying for
39and receiving aid from a county, who moves to another county in
40this state to make his or her home, shall be transferred to the
P12   1second county as soon as administratively possible pursuant to
2the requirements set forth in subdivision (a) of Section 10003.

3
(c) For purposes of public assistance, the county where an
4applicant or recipient lives is determined as follows:

5
(1) For a patient in a state hospital or institution, voluntary,
6nonprofit, or proprietary facility, or other public or private
7institution, the county where he or she was admitted.

8
(2) For a person who has had to leave the county where he or
9she normally lives, solely for the purpose of securing care not
10otherwise available to him or her in a medical facility, the county
11where he or she last maintained a living arrangement outside a
12medical facility.

13
(d) This section shall become operative on June 1, 2017.

end insert
14

begin deleteSEC. 5.end delete
15
begin insertSEC. 7.end insert  

No appropriation pursuant to Section 15200 of the
16Welfare and Institutions Code shall be made for purposes of
17implementing this act.

18

begin deleteSEC. 6.end delete
19
begin insertSEC. 8.end insert  

If the Commission on State Mandates determines that
20this act contains costs mandated by the state, reimbursement to
21local agencies and school districts for those costs shall be made
22pursuant to Part 7 (commencing with Section 17500) of Division
234 of Title 2 of the Government Code.



O

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