BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair


          AB 1560 (Fuentes) - CalFresh: categorical eligibility.
          
          Amended: May 25, 2012           Policy Vote: Human Services 4-2
          Urgency: No                     Mandate: Yes
          Hearing Date: August 6, 2012                           
          Consultant: Jolie Onodera       
          
          This bill meets the criteria for referral to the Suspense File.
          
          
          Bill Summary: AB 1560 would waive the gross income test for 
          CalFresh for any individual who is categorically eligible for 
          CalFresh and who is a member of a household that receives, or is 
          eligible to receive, assistance under the Medi-Cal program, as 
          specified.

          Fiscal Impact: For every 10 to 25 percent of the potentially 
          eligible caseload - consisting of 1) 1.2 million existing 
          Medi-Cal recipients currently eligible but not participating in 
          CalFresh, 2) households with gross income below 200 percent of 
          the federal poverty level (FPL) containing at least one Medi-Cal 
          recipient, and, 3) effective 2014, approximately 2 million 
          individuals newly eligible for Medi-Cal pursuant to federal 
          health care reform - who would participate in CalFresh due to 
          categorical eligibility (Cal-El), potential ongoing future costs 
          would be as follows:
              Potential ongoing state costs of $16 million to $40 million 
              (General Fund) for CalFresh administration and California 
              Food Assistance Program (CFAP) benefits. 
              Increased federal funding potentially in the range of $450 
              million to over $1 billion in federal SNAP benefits. These 
              increased benefits could generate up to $10 million to $25 
              million (General Fund) through increased sales tax revenues.
              For every 100,000 newly eligible children directly 
              certified for free school meals under the National School 
              Lunch Program (SLP) and School Breakfast Program (SBP), 
              increased federal funding of $75 million could be received 
              and state reimbursement of $8 million (General Fund) would 
              be required.

          Background: Existing federal law provides for the Supplemental 
          Nutrition Assistance Program (SNAP), known as CalFresh in 
          California, which provides financial assistance to low-income 
          households to purchase food. Existing federal law also 






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          establishes the Medicaid health care program, known as Medi-Cal 
          in California, which provides for a variety of medical services 
          for children and adults with limited income and resources. 

          Under existing law, the gross income threshold for CalFresh is 
          130 percent of the federal poverty level (FPL). Medi-Cal 
          eligibility income thresholds vary, however, for different 
          applicants. Categorical eligibility is the system by which 
          individuals qualify for CalFresh benefits based on their 
          participation in other federal or state programs, such as cash 
          and non-cash benefits under the Temporary Assistance for Needy 
          Families (TANF) program. Use of categorical eligibility permits 
          states to raise the gross income threshold and remove asset 
          limits for nutrition assistance by providing applicants access 
          to a TANF-funded benefit, such as a brochure or referral to a 
          toll-free hotline. Extending a TANF-funded benefit to a 
          population even though they are not formally enrolled in TANF 
          (CalWORKs in California) authorizes a state to consider the 
          population income-eligible for CalFresh. According to the 
          Congressional Budget Office (CBO) report released on SNAP in 
          April 2012, three-fourths of all SNAP recipients qualified for 
          benefits on the basis of categorical eligibility, of which 
          two-thirds (or 50 percent of total SNAP recipients) qualified 
          through the receipt of noncash benefits from TANF.

          Current law also establishes a direct certification process 
          whereby children who are enrolled in public benefits programs 
          such as CalWORKs and CalFresh are automatically enrolled in the 
          National School Lunch Program (SLP) and School Breakfast Program 
          (SBP), the free and reduced-price meal programs funded 
          predominantly by the U.S. Department of Agriculture and 
          supplemented by state funds. 

          As these programs are federal entitlement programs, federal 
          funds will be provided as long as recipients meet eligibility 
          criteria. In 2010-11, the state received $358.0 million for the 
          SBP and $1.3 billion for the SLP. State funds augmented the 
          program by $44.2 million for SBP and $101.1 million for SLP. 
          According to the CDE, on an average day, more than 4.5 million 
          nutritious meals are served at approximately 20,000 locations 
          statewide. Income eligibility is 130 percent of federal poverty 
          guidelines for free meals and 185 percent of federal poverty 
          guidelines for reduced-price meals.  

          Proposed Law: This bill seeks to remove a CalFresh income 
          barrier for Medi-Cal recipients and their families. 






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          Specifically, this bill would require the DSS, to the extent 
          permitted by federal law, to waive the gross income test for 
          CalFresh for any individual who is categorically eligible for 
          CalFresh and who is a member of a household that receives, or is 
          eligible to receive, assistance under the Medi-Cal program.

          Related Legislation: AB 433 (Beall) Chapter 623/2008 established 
          categorical eligibility for CalFresh beneficiaries with income 
          below 130 percent of the federal poverty level, regardless of 
          the level of assets. Early versions of the bill included 
          proposed categorical eligibility for Medi-Cal recipients, but 
          the language was removed from the enacted version of the bill.

          AB 2205 (Evans) 2006 would have established categorical 
          eligibility for CalFresh for Medi-Cal recipients if they were 
          eligible for or receiving CalWORKs services. This bill was 
          vetoed by the Governor with the following message:

          While I support efforts to increase participation in the Food 
          Stamps program through improved outreach efforts and more 
          streamlined administrative requirements, I am unable to support 
          Assembly Bill 2205 as it would expand eligibility for food 
          stamps increasing state costs by tens of millions of dollars. 
          Our state continues to face a significant structural deficit. 
          Accordingly, the outreach and eligibility expansions proposed by 
          AB 2205 are more appropriately addressed in the budget. For this 
          reasons, I am returning AB 2205 without my signature.

          H.R. 6083 (Lucas), the Federal Agriculture Reform and Risk 
          Management (FARRM) Act, proposes to restrict categorical 
          eligibility to only those households receiving cash assistance 
          from SSI, TANF, or other state general assistance programs. This 
          federal legislation would specify that receiving a TANF-funded 
          brochure or referral to an "800" number hotline would no longer 
          automatically make a household eligible for SNAP. This bill 
          passed out of the House Committee on Agriculture on July 11, 
          2012.
          
          Staff Comments: This bill will increase CalFresh participation 
          among existing and new Medi-Cal recipients, as well as Medi-Cal 
          eligible individuals, resulting in a significant increase in 
          federal benefits, as well as costs and revenues to the state. 

          It is estimated that 1.2 million existing Medi-Cal recipients 
          are eligible for CalFresh but are not currently participating in 
          the program. Should expanding Cat-El increase participation in 






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          CalFresh by 10 to 25 percent of the eligible Medi-Cal 
          population, it would result in an additional 120,000 to 300,000 
          individuals receiving nutritional benefits. Based on the average 
          monthly CalFresh benefit for a non-CalWORKs case of $335 (three 
          individuals per case), this would result in increased federal 
          benefits of $159 million to $398 million, as well as additional 
          state costs for food benefits of $1.6 million to $4 million 
          (General Fund) for the California Food Assistance Program 
          (CFAP). Administrative costs for these individuals would be $8 
          million to $20 million, slightly over 50 percent of which would 
          be costs to the General Fund. The increase in benefits could 
          also generate General Fund sales tax revenue of $3.6 million to 
          $9 million, as studies have shown that a percentage of food 
          benefits are spent on taxable goods.

          Based on a recent Mathematica Policy Research estimate (2012), 
          it is estimated that approximately 74,000 households will be 
          newly eligible (with gross income below 200 percent FPL 
          containing at least one Medi-Cal recipient and not categorically 
          ineligible for CalFresh). Assuming 10 to 25 percent of the newly 
          eligible households participate in CalFresh would result in 
          annual administrative costs of $1.5 million to $3.7 million, 
          increased federal CalFresh benefits of $29.5 million to $73.7 
          million, and $0.3 million to $0.7 million (General Fund) in 
          additional CFAP benefits. Total annual state costs including 
          administration and CFAP benefits are estimated at approximately 
          $1.1 million to $2.6 million (General Fund).

          With the forthcoming implementation of federal health care 
          reform, effective January 1, 2014, it is estimated an additional 
          two million Californians will enroll in the Medi-Cal program. 
          Removing barriers to CalFresh enrollment through Cat-El could 
          result in significant increases in CalFresh participation. It is 
          unknown what portion of the new Medi-Cal caseload will 
          participate, but for every 10 to 25 percent of the more than two 
          million individuals newly eligible for Medi-Cal pursuant to 
          federal health care reform who apply and participate in CalFresh 
          due to Cat-El would result in ongoing increased state costs of 
          $9.3 million to $23.3 million (General Fund) for CalFresh 
          administration and CFAP benefits, and increased federal funding 
          potentially in the range of $265 million to $650 million in SNAP 
          benefits. The increased benefits could generate $6 million to 
          $14.9 million (General Fund) through increased sales tax 
          revenues.

          Children in households that receive CalFresh are automatically 






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          certified for free school meals under a rule known as direct 
          certification. To the extent this bill increases the number of 
          families enrolled in CalFresh will have the effect of increasing 
          the number of children eligible for free school meals under the 
          National School Lunch (SLP) and School Breakfast Programs (SBP). 
          It is unknown how many additional newly qualified children would 
          participate in the SLP/SBP, but for every 100,000 additional 
          children, increased federal funding of $75 million for free 
          school lunches and breakfasts could be received, and $8 million 
          (General Fund) in state reimbursement would be required. This 
          estimate is based on federal reimbursement of $2.72 per lunch 
          and $1.48 per breakfast, and state reimbursement of 
          approximately $0.22 per meal.

          In order to be categorically eligible for CalFresh, these new 
          families would need to receive some form of TANF-funded benefit 
          or service. This service may be as minimal as providing families 
          with a brochure that outlines available TANF employment 
          services. The cost of printing additional copies of existing 
          publications is not estimated to be significant.