BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair


          AB 683 (Ammiano) - Homelessness: housing status data.
          
          Amended: August 6, 2012         Policy Vote: Human Services 4-2
          Urgency: No                     Mandate: No
          Hearing Date: August 16, 2012                          
          Consultant: Jolie Onodera       
          
          SUSPENSE FILE.
          
          
          Bill Summary: AB 683 would require the Department of Health Care 
          Services (DHCS) to inquire in both paper and electronic 
          applications into the housing status of persons who apply for 
          Medi-Cal benefits, and would require the Department of Social 
          Services (DSS) to inquire in both paper and electronic 
          applications into the housing status of persons who apply for 
          CalFresh benefits, to determine whether or not an applicant is 
          homeless, as defined pursuant to specified federal regulations. 
          This bill would require the DSS to seek any necessary federal 
          waivers to align the CalFresh definition of a person who is 
          homeless with the specified federal regulations. This bill would 
          require application forms to be revised only when there is 
          another reason to revise the applications, and subsequent to the 
          application revisions, would require the collected data to be 
          included in relevant reports to the Legislature.

          Fiscal Impact: 
           One-time costs, likely minor, to the DHCS and DSS to revise 
            the Medi-Cal and CalFresh written and electronic application 
            forms to include specified questions on housing status.
           Significant costs potentially in excess of several hundred 
            thousand dollars (General Fund) to the DHCS and DSS to collect 
            the relevant data to the extent programming changes to the 
            Medi-Cal Eligibility Data System (MEDS), the three county 
            statewide automated welfare systems (SAWS), and CalHEERS would 
            be required.
           Ongoing minor costs to include the relevant collected data in 
            annual reports to the Legislature.

          Background: Under existing law, multiple federal and state 
          entities provide homelessness assistance through programs 
          targeted to those experiencing homelessness or through 
          mainstream programs that broadly assist low-income populations. 







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          According to the U.S. Government Accountability Office (GAO) 
          report, Homelessness: A Common Vocabulary Could Help Agencies 
          Collaborate and Collect More Consistent Data (June 2010), there 
          is not a consistent definition of "homelessness" across federal 
          programs, with program definitions ranging from including 
          primarily people in homeless shelters or on the street to also 
          including those living with others because of economic hardship. 
          Likewise at the state level, there is not a consistent 
          definition of homelessness.

          In 2005, the state launched the Chronic Homeless Initiative, 
          which included the creation of an Interagency Council comprised 
          of the leaders of eleven agencies and departments with 
          responsibility for housing and services for citizens who are at 
          risk of or already chronically homeless. The Interagency Council 
          initiated the process of a collaboratively developed Ten Year 
          Chronic Homelessness Action Plan, which was released in 2010. 
          The first goal of the plan is to establish as a statewide 
          priority the prevention and significant reduction of chronic 
          homelessness through the enactment of state level policy to 
          support solutions to chronic homelessness; advocacy for federal 
          policy and funding to support state efforts; public education to 
          generate broad-based support for this effort; and data 
          collection and analysis to guide policy and program efforts and 
          identify best practice interventions.

          Proposed Law: This bill states the Legislature's intent to 
          gather accurate and consistent data about Californians who lack 
          housing stability, and how these persons use health and social 
          services. Specifically, this bill:

          Requires the DHCS to inquire into the housing status of persons 
          who apply for Medi-Cal benefits, as follows:
                 Requires both paper and electronic application forms for 
               Medi-Cal benefits to include questions to determine whether 
               the applicant is homeless, as defined in Section 582.5 of 
               Title 24 of the Code of Federal Regulations (CFR). 
                 Requires the questions included in the applications to 
               be drafted so that an applicant is able to identify easily 
               with specific options offered as alternative responses, and 
               shall at a minimum address the permanency and condition of 
               the applicant's housing.
                 Provides that providing answers to housing status shall 
               be optional for Medi-Cal applicants and shall not be 








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               required in order for an application form to be considered 
               complete or for the submission of an electronic 
               application.
                 Requires the Medi-Cal application to be refined to be 
               consistent with the definition previously referenced only 
               when there is another reason to revise an application for 
               benefits.
                 At the end of the first fiscal year following the 
               application changes required, this bill requires the DHCS 
               to begin including in its relevant reports to the budget 
               committees of the Legislature the number of Medi-Cal 
               beneficiaries who are homeless, and the number of those 
               beneficiaries who indicated being homeless for longer than 
               one year.

          Requires the DSS to inquire into the housing status of persons 
          who apply for CalFresh benefits, as follows:
                 Requires the DSS to seek any necessary federal waivers 
               to align the CalFresh definition of a person who is 
               homeless with the definition of homeless in Section 582.5 
               of Title 24 of the CRF.
                 Upon approval of any necessary waivers, and at the next 
               scheduled revision of the paper and online CalFresh 
               application, requires the DSS to refine the CalFresh 
               application to be consistent with the definition previously 
               referenced.
                 Requires both paper and electronic application forms for 
               CalFresh benefits to include questions to determine whether 
               the applicant is homeless, as defined.
                 Requires questions included in the applications to be 
               drafted so that an applicant is able to identify easily 
               with specific options offered as alternative responses and 
               shall at a minimum address the permanency and condition of 
               the applicant's housing.
                 At the end of the first fiscal year following the 
               application changes required, this bill requires the DSS to 
               begin including in its relevant reports to the budget 
               committees of the Legislature the number of CalFresh 
               households that are homeless, the number of CalFresh 
               households that have been homeless for longer than one 
               year, and the number of CalWORKs households that have 
               requested homeless assistance.

          Related Legislation: 








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          AB 2547 (Blumenfield) 2012 establishes the Statewide Office of 
          the Homeless Youth Advocate to coordinate services, facilitate 
          interagency collaboration to remove barriers and improve access 
          to, and share, information related to homeless youth. This bill 
          is scheduled to be heard in this Committee today.

          AB 1167 (Fong) 2011 would create the California Interagency 
          Council on Homelessness consisting of representatives from 
          multiple jurisdictions to coordinate a statewide approach in 
          responding to homelessness and to identify and apply for federal 
          funding. This bill is currently on the Suspense File of this 
          Committee.

          AB 1177 (Fong) 2010 was similar to AB 1167 and was held on the 
          Suspense File of this Committee.

          SB 123 (Liu) 2011 would have required the CalEMA, subject to the 
          availability of adequate resources, to develop a statewide plan 
          for runaway, homeless, and exploited youth in collaboration with 
          the Senate Office of Research and various stakeholders. This 
          bill was held on the Suspense File of this Committee.
          
          Staff Comments: This bill requires both Medi-Cal and CalFresh 
          application forms to be revised to inquire into the housing 
          status of applicants to determine if they are homeless, as 
          defined in Section 582.5 of Title 24 of the CFR, which is the 
          definition established for federal Housing and Urban Development 
          (HUD) homeless assistance programs. Pursuant to 24 CFR 582.5, 
          "Homeless" means: 
          
          (1) An individual or family who lacks a fixed, regular, and 
          adequate nighttime residence, as specified. 

          (2) An individual or family who will imminently lose their 
          primary nighttime residence provided that: (i) The primary 
          nighttime residence will be lost within 14 days of the date of 
          application for homeless assistance;(ii) No subsequent residence 
          has been identified; and (iii) The individual or family lacks 
          the resources or support networks, e.g., family, friends, 
          faith-based or other social networks, needed to obtain other 
          permanent housing; 

          (3) Unaccompanied youth under 25 years of age, or families with 
          children and youth, who do not otherwise qualify as homeless 








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          under this definition, but who: (i) Are defined as homeless 
          under section 387 of the Runaway and Homeless Youth Act, section 
          637 of the Head Start Act, section 41403 of the Violence Against 
          Women Act of 1994, section 330(h) of the Public Health Service 
          Act, section 3 of the Food and Nutrition Act of 2008, section 
          17(b) of the Child Nutrition Act of 1966, or section 725 of the 
          McKinney-Vento Homeless Assistance Act; (ii) Have not had a 
          lease, ownership interest, or occupancy agreement in permanent 
          housing at any time during the 60 days immediately preceding the 
          date of application for homeless assistance; (iii) Have 
          experienced persistent instability as measured by two moves or 
          more during the 60-day period immediately preceding the date of 
          applying for homeless assistance; and (iv) Can be expected to 
          continue in such status for an extended period of time because 
          of chronic disabilities; chronic physical health or mental 
          health conditions; substance addiction; histories of domestic 
          violence or childhood abuse (including neglect); the presence of 
          a child or youth with a disability; or two or more barriers to 
          employment, which include the lack of a high school degree or 
          General Education Development (GED), illiteracy, low English 
          proficiency, a history of incarceration or detention for 
          criminal activity, and a history of unstable employment; or 

          (4) Any individual or family who: (i) Is fleeing, or is 
          attempting to flee, domestic violence, dating violence, sexual 
          assault, stalking, or other dangerous or life-threatening 
          conditions that relate to violence against the individual or a 
          family member, including a child, that has either taken place 
          within the individual's or family's primary nighttime residence 
          or has made the individual or family afraid to return to their 
          primary nighttime residence;(ii) Has no other residence; and 
          (iii) Lacks the resources or support networks, e.g., family, 
          friends, and faith-based or other social networks, to obtain 
          other permanent housing. 

          This bill states that providing answers to the questions 
          regarding housing status are to be optional for Medi-Cal 
          applicants and will not be required in order for an application 
          to be considered complete or for the submission of an electronic 
          application. To the extent some portion of Medi-Cal applicants 
          choose not to respond to the questions on housing status could 
          lead to incomplete data results. Moreover, to the extent data 
          collection is for prospective applicants only, collected data 
          would not be reflective of the housing status of the existing 








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          caseload of over 7 million Medi-Cal recipients. 

          This bill requires the DHCS and the DSS to revise both the paper 
          and electronic application forms for Medi-Cal and CalFresh when 
          there is another reason to revise the applications. Costs to 
          revise the applications are estimated to be minimal if completed 
          simultaneously with other necessary changes. However, collecting 
          the relevant data would likely require changes to MEDS, the 
          three county SAWS systems, and CalHEERS, the information 
          technology system that will be used to support eligibility, 
          enrollment, and retention for the California Health Benefit 
          Exchange and Medi-Cal. The DHCS has indicated programming 
          changes to MEDS and SAWS are typically costly and time 
          consuming. At this time, estimated costs are unknown, but could 
          be significant and likely in excess of several hundred thousand 
          dollars (General Fund) across all systems. 

          Once the applications are revised and the data is collected, the 
          ongoing costs to include the relevant data in the reports to the 
          Legislature are estimated to be minor. This estimate assumes no 
          additional analysis will be required coupled with the data 
          reporting. Should analysis of the data be required, additional 
          costs to the DHCS and DSS could be incurred.

          This bill requires the DSS to seek any necessary federal waivers 
          to align the CalFresh definition of a person who is homeless 
          with the definition of homeless in Section 582.5 of Title 24 of 
          the CFR, and upon approval of any necessary waivers, the DSS is 
          required to revise the CalFresh application. Should a federal 
          waiver be required but not approved, however, the bill as 
          currently drafted would still require the DSS to inquire into 
          the housing status of persons who apply for CalFresh benefits. 
          It is unclear in what manner the DSS would do so, as the bill 
          does not specify an alternative process for inquiry, but it 
          could be assumed the data currently collected in CalFresh 
          applications pursuant to the specific question on housing status 
          would be used. Under this scenario, data collected across the 
          CalFresh and Medi-Cal Program would be inconsistent and 
          difficult to use for comparison, compilation, and analysis. 

          To the extent a federal waiver is approved, the DSS would revise 
          the CalFresh applications and begin reporting collected 
          information to the budget committees of the Legislature. 
          Currently, the bill does not specifically state that the 








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          responses to the questions on housing status would be optional 
          for CalFresh applicants (as specified for Medi-Cal applicants) 
          in order to submit an application as complete, although it is 
          noted that a response to the question on housing status included 
          on the existing CalFresh application is not mandatory.

          In addition to the data on the housing status of CalFresh 
          applicants, this bill requires the DSS to report on the number 
          of CalWORKs households that have requested homeless assistance. 
          The DSS has indicated this information is already being 
          collected. As a result, there would be minimal impact to DSS 
          associated with this added requirement. Nearly 15,000 California 
          families were receiving funds through the CalWORKs Homeless 
          Assistance Program in April 2012.