BILL ANALYSIS Ó SENATE COMMITTEE ON HUMAN SERVICES Senator McGuire, Chair 2015 - 2016 Regular Bill No: SB 1339 ----------------------------------------------------------------- |Author: |Monning | ----------------------------------------------------------------- |----------+-----------------------+-----------+-----------------| |Version: |March 28, 2016 |Hearing |March 29, 2016 | | | |Date: | | |----------+-----------------------+-----------+-----------------| |Urgency: |No |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Taryn Smith | |: | | ----------------------------------------------------------------- Subject: Public social services: intercounty transfers SUMMARY This bill requires a recipient of aid who moves from one county to another to notify either county of the change of a residence, and requires that county to initiate an intercounty transfer for specified public social benefits, which shall be transferred within 30 days. It prohibits the new county of residence from interviewing recipients from another county to determine continued eligibility for CalWORKs or CalFresh until the next scheduled recertification or redetermination, and would require case file documents to be shared electronically. It also establishes 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 revises procedures in current statute. ABSTRACT 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 California Work Opportunity SB 1339 (Monning) Page 2 of ? and Responsibility to Kids (CalWORKs) program to provide cash assistance and other social services for low-income families through the federal Temporary Assistance for Needy Families (TANF) program. Under CalWORKs, each county provides assistance through a combination of state, county and federal TANF funds. (WIC 10530) 3) 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, including income that is at or below 130 percent of the federal poverty level and is determined to be a substantial limiting factor in permitting a recipient to obtain a more nutritious diet (7 CFR 271.1; 7 CFR 273.9) 4) 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.) 5) 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.[WIC 14000 et sec.] 6) Establishes the responsibility of a benefit 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. (WIC 11053) 7) Requires that the county to which the recipient has moved will be responsible for determining the recipient's SB 1339 (Monning) Page 3 of ? continued eligibility for payment of aid and, to the extent possible 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, necessary to establish current eligibility and grant amount. (WIC 11053) 8) Requires the California Department of Social Services (CDSS) to establish and implement a process of intercounty transfer of eligibility for CalFresh benefits, and to take various regulatory actions. (WIC 11053.2) 9) Requires that, for CalFresh recipients who are receiving CalWORKs benefits, the intercounty transfer process utilized for CalWORKs shall be used.[WIC 11053.2(b)(1)] 10) Requires that, for CalFresh recipients who are receiving Medi-Cal but are not receiving CalWORKs benefits, the intercounty transfer process utilized for the Medi-Cal program shall be used. (WIC 11053.2(b)(2)) 11) Requires that, for CalFresh recipients who are not receiving CalWORKs or Medi-Cal benefits, 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, and minimize workload for county eligibility operations. (WIC 11053.2(c)) 12) Requires that it shall be the responsibility of a CalFresh 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. (WIC 11053.2(d)) SB 1339 (Monning) Page 4 of ? 13) Requires that 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. (WIC 11053.2(d)) 14) Requires that, 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. (WIC 11053.2(d)) This bill: 1) Repeals WIC Sections 11053 and 11053.2 and recasts the provisions into a new code to modernize and simplify intercounty transfer policy. 2) Requires that 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 which he or she moves of the change of residence. 3) States that 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. 4) Requires that, if a recipient moves from one county to SB 1339 (Monning) Page 5 of ? 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. 5) Requires 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. 6) Requires that, 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. 7) Requires 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. 8) Prohibits, to the extent permitted by federal law and regulation, the new county of residence from interviewing recipients moving to that county from another county to determine continued eligibility for CalWORKs or CalFresh until the next scheduled recertification pursuant to 18910.1or redetermination pursuant to section 11265. 9) Makes other requirements with regard to intercounty transfers of Medi-Cal recipients. 10) Establishes that failure to report a move to a different county within the state in itself shall not constitute a basis for an overpayment. SB 1339 (Monning) Page 6 of ? FISCAL IMPACT This bill has not been analyzed by a fiscal committee. BACKGROUND AND DISCUSSION Purpose of the bill: The process of transferring cases for eligibility and case management purposes is known as an intercounty transfer. The three major programs (CalFresh, CalWORKs and Medi-Cal) all have intercounty transfer procedures. There were a total of 59,016 intercounty transfer cases in 2015. According to the author, there have been a number of instances where the current intercounty transfer process does not go smoothly or beneficiaries have been told that in order to be eligible for benefits in the counties to which they are moving they need to be interviewed again and the eligibility needs to be reassessed. The author also states that there is some confusion among counties with regard to the implementation of intercounty transfers and there are instances in which the sending or receiving county does not fully understand the intercounty transfer process due to current law being vague. The author says SB 1339 seeks to clarify and update state law for counties to have a better understanding of the intercounty transfer process and prevent disruption in benefits. 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 SB 1339 (Monning) Page 7 of ? in federal fiscal year 2015 was $126.83 per month, or $4.23 per day, according to the USDA. CalFresh supplements family food budgets by providing an average of $300 a month per household. CalWORKs The CalWORKs program is funded with a mix of federal TANF money, state, and county funds. CalWORKs provides temporary cash assistance to meet basic family needs. It also 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. In order to be eligible for CalWORKs, families must meet income and asset tests of no more than $2,250 in savings ($3,250 where the assistance unit includes at least one member who is disabled or aged 60 or older), excluding education and retirement plans plus one car worth $9,500 or less or that was received as a gift or family transfer or donation. In addition, children must be deprived of parental support and care due to the incapacity, death or absence of apparent or unemployment of the principal wage-earner. Persons fleeing to avoid prosecution, custody or confinement after conviction of a felony are not eligible for CalWORKs. 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. Streamlining the Codes SB 1339 (Monning) Page 8 of ? Currently, intercounty transfers of health and human services benefits are outlined in two separate code sections. Both Department of Social Services (DSS) and Department of Health Care Services (DHCS) have issued multiple All County Letters providing instructions for the counties on the intercounty transfer process. There are different processes for transferring program participants depending on which program(s) or combination of programs. CalWORKs, CalFresh and Medi-Cal each have their own intercounty transfer protocols. Additionally, there are protocols for transferring recipients participating in more than one program. SB 1339 would repeal the two sections of current law and create one new overarching section that applies to all three health and human services programs (CalWORKs, CalFresh and Medi-Cal). Modernizing the Code for CalFresh and CalWORKs Existing law requires recipients of CalFresh, CalWORKs and Medi-Cal benefits to notify the county paying aid to the recipient of his or her relocation. The first county is to notify the second county in order to start the transfer process. According to the County Welfare Directors Association, this requirement may impede timely transfer of cases, as the receiving county is not permitted to initiate the transfer - even if they are aware of the relocation. When the law was written, the counties maintained hard copy files that had to be physically transferred from one county office to the next. Since then, the counties' Electronic Inter County Transfer (EICT) system has been implemented and files can now be shared electronically. This means the receiving county could start the transfer process via the EICT and request the files electronically. SB 1339 would allow either the first or second county to initiate the transfer process. It would also require case file documents to be shared electronically between the prior county of residence and the new county of residence. Simplifying the Intercounty Transfer Process for CalFresh and CalWORKs Existing law requires the recipient of CalWORKs benefits to apply for redetermination of eligibility within the new county of residence. While not mandated by law or regulation, some counties require interviews as part of the redetermination SB 1339 (Monning) Page 9 of ? process, which may delay completion of the transfer. On the other hand, CalFresh intercounty transfers do not require submission of a new application and the counties are not permitted to require interviews to for redetermination of eligibility. SB 1339 would bring conformity to the transfer process by deleting the requirement for CalWORKs recipients to apply for redetermination. It would also prohibit the new county of residence from interviewing recipients to determine continued eligibility for CalWORKs or CalFresh until the next scheduled recertification or redetermination. Currently, expiration of the transfer period and receiving county's responsibility starts at the end of the month following the 30-day transfer period. By mutual agreement of the counties, the transfer may occur at an earlier date. SB 1339 would shorten the transfer period by requiring that the transfer be completed within 30 days after the receiving county becomes aware of the recipient's move. Related legislation: Assembly Bill 1400 (Committee on Human Services, Chapter 227, Statutes of 2011) made technical changes to the codes. COMMENTS This bill is referred to Senate Health Committee, which will consider implications of the bill on the Medi-Cal program. WIC Section 11102 requires that the county where a person receiving public social services resides is responsible to make aid payments. When that person moves to a different county, responsibility for payment of aid shall be transferred to the new county of residence "not later than the first day of the month following 30 days after notification to the second county." SB 1339 requires that intercounty transfers must be completed within 30 days after either county becomes aware of the recient's move. For the sake of conformity in the intercounty transfer process, the committee recommends the following amendment. SB 1339 (Monning) Page 10 of ? WIC Section 11102: County responsibility for making aid payments is determined as follows: (a) The county where the applicant lives shall accept the application and shall be responsible for paying the aid. Responsibility for payment of aid to any person qualifying for and receiving aid from any county, who moves to another county in this state to make his or her home, shall be transferred to the second county as soon as administratively possible, and within 30 days after either county becomes aware of the aid recipient's move.but not later than the first day of the month following 30 days after notification to the second county.POSITIONS Support: Coalition of Welfare Rights Organizations (Co-Sponsor) United Way of California (Co-Sponsor) Western Center on Law and Poverty (Co-sponsor) California Association of Food Banks California Catholic Conference, INC California Food Policy Advocates County Welfare Directors Association of California Courage Campaign SB 1339 (Monning) Page 11 of ? Hunger Action Los Angeles Inland Empire United Way Law Foundation of Silicon Valley LIUNA Locals 777 & 792 National Association of Social Workers North Coast Opportunities, Inc. United Way of the Bay Area 3 Individuals Oppose: None received. -- END -