BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HUMAN SERVICES
                               Senator McGuire, Chair
                                2015 - 2016  Regular 

          Bill No:              SB 1339
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          |Author:   |Monning                                               |
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          |----------+-----------------------+-----------+-----------------|
          |Version:  |March 28, 2016         |Hearing    |March 29, 2016   |
          |          |                       |Date:      |                 |
          |----------+-----------------------+-----------+-----------------|
          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Taryn Smith                                           |
          |:         |                                                      |
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              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  







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               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  








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               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))








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             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  








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               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. 










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            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  








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          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









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          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  








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          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. 










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          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








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               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.
           
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