BILL NUMBER: AB 1970 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN SENATE JUNE 18, 2012
AMENDED IN SENATE JUNE 4, 2012
AMENDED IN ASSEMBLY APRIL 19, 2012
INTRODUCED BY Assembly Member Skinner
(Coauthors: Assembly Members Ammiano, Cedillo, Hall, Huffman,
Portantino, and Williams)
FEBRUARY 23, 2012
An act to amend Sections 10058, 11052.5, 18901.6, and
18914 , and 18926 of, and to add Sections 10003,
11023.6, 11023.7, 11023.8, and 11322.81 to, the Welfare and
Institutions Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1970, as amended, Skinner. Social Services Modernization and
Efficiency Act of 2012.
Existing law provides for protection, care, and assistance for
people of the state, and the promotion of the welfare and happiness
of all people in the state by providing appropriate aid and services
to the needy and distressed. Programs established for this purpose
include CalWORKs, which provides cash assistance and other social
services to needy families, using federal Temporary Assistance for
Needy Families (TANF) block grant program, state, and county funds,
and CalFresh, whereby nutrition assistance benefits allocated to the
state by the federal government are distributed to eligible
individuals by each county. Counties administer the CalWORKs and
CalFresh programs.
This bill, the Social Services Modernization Act of 2012, would
require a final operational state plan submitted by any department
administered by the Secretary of California Health and Human Services
state agency to a federal agency in the context of providing public
social services to be electronically available on the relevant
department's Internet Web site, as specified.
This bill would, pending approval of any necessary federal
waivers, require the State Department of Social Services to
promulgate regulations to authorize applicants for and recipients of
aid to electronically access notices and communications pertaining to
eligibility and benefit issuance, as specified. The bill would
authorize applicants and recipients to opt out of receiving
electronic notice, and would provide for the confidentiality of an
applicant's or recipient's electronic information, as specified.
This bill would prohibit a county from requiring an applicant or
recipient for public benefits to verify information provided to the
county, except when the verification is required by federal law, or
is necessary to determine eligibility for aid or to compute the
amount of aid. If the verification is inconsistent with other
verified information, this bill would require a county eligibility
worker to provide to the applicant or recipient a notice of action
specifying the type of verification required to verify eligibility,
as specified.
This bill would require county human services departments to
maximize use of electronic means of verifying applicant and recipient
information, and would require the state to work with counties to
develop a protocol enabling statewide use by applicants and
recipients of public social services programs of a specified
electronic database developed to verify eligibility information for
the federal Patient Protection and Affordable Care Act of 2010. This
bill would provide that the identity of, or certain information
relating to, an applicant or recipient shall be considered to be
verified under prescribed circumstances.
This bill would revise procedures relating to public social
services application and recertification interviews to require these
interviews to be conducted in person, by telephone, or by other
electronic means, to promote administrative efficiency and reduce
costs to applicants and recipients.
Existing law, with certain exceptions, requires every individual,
as a condition of eligibility for aid under the CalWORKs program, to
participate in welfare-to-work activities.
This bill would deem an adult CalWORKs recipient to be in
compliance with existing welfare-to-work requirements if he or she
meets the minimum federal welfare-to-work requirements. The bill
would provide that a person satisfying these requirements would be
eligible for specified support services, and would not be subject to
sanction for failure or refusal to comply with program requirements,
as specified.
Existing law prohibits an applicant from being granted public
assistance, as specified, until he or she is personally interviewed
by the county welfare department or state hospital staff.
This bill would no longer require these interviews to be conducted
personally, and would require the county to conduct the interview on
the same day of the initial application, to the extent it is cost
effective and administratively possible for the department. This bill
would apply these provisions to applicants for CalFresh benefits.
Existing law requires a county welfare department, to the extent
provided by federal law, to provide CalFresh benefits on an expedited
basis to certain households.
This bill would require the department to seek necessary
, to the extent allowed by federal law and
any federal waivers secured by the department, to
postpone expedited service interviews that have been attempted and
require that the interviews be conducted at the same time as the
interview for issuance of regular CalFresh benefits, as specified,
if there is no information indicating the applicant's
ineligibility for and to issue expedited service
to any applicant who meets expedited service eligibility
requirements and whose identity has been verified, as specified
.
Existing law requires county welfare departments to provide
transitional CalFresh benefits to households terminating their
participation in the CalWORKs program, to the maximum extent
allowable by federal law.
This bill would require the State Department of Social Services to
implement the above requirement so as to maximize continued
enrollment of eligible recipients, pursuant to a specified federal
regulation.
This bill would authorize the State Department of Social Services
to implement the bill by means of all-county letters or similar
instructions, by January 1, 2013.
Existing law continuously appropriates moneys from the General
Fund to defray a portion of county costs under the CalWORKs program.
This bill would declare that no appropriation would be made for
purposes of implementing the bill.
Because this bill would increase duties of counties administering
public social services programs, the bill would impose a
state-mandated local program.
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:
SECTION 1. This act shall be known, and may be cited, as the
Social Services Modernization and Efficiency Act of 2012.
SEC. 2. Section 10003 is added to the Welfare and Institutions
Code, to read:
10003. Any final operational state plan submitted by any
department administered by the Secretary of California Health and
Human Services to any federal agency and any approved waiver
requested or received by any department, shall be electronically
available to the public at all times on the relevant department's
Internet Web site.
SEC. 3. Section 10058 of the Welfare and Institutions Code is
amended to read:
10058. "County welfare department , " or
"county human services department" means the county agency designated
by the board of supervisors, or by another authority as may be
provided in the county charter, as responsible for the administration
of public social services.
SEC. 4. Section 11023.6 is added to the Welfare and Institutions
Code, to read:
11023.6. (a) Pending approval of necessary federal waivers to
implement this section, to the extent that any waivers are necessary
to implement this section, and to the extent permitted by federal
law, the State Department of Social Services shall promulgate
regulations to allow applicants for and recipients of aid under this
part to electronically access notices and communications pertaining
to eligibility and benefit issuance, as provided in subdivision (c).
The department shall seek all necessary waivers of federal law to
implement this section.
(b) The Legislature recognizes that applicants or recipients may
not always have access to electronic mail or the Internet. In order
to ensure that due process and privacy of all applicants and
recipients are protected, the department, in consultation with client
and patient advocates, representatives of county human services
departments, and representatives of county eligibility workers, shall
develop a process whereby applicants and recipients can
affirmatively choose to receive notices of action or other
communications relevant to their case electronically as provided in
subdivision (c).
(c) All applicants and recipients of public social services,
including applicants and recipients of CalFresh benefits under
Chapter 10 (commencing with Section 18900) of Part 6 and any state
health subsidy program, as defined in Section 1413(e) of the federal
Patient Protection and Affordable Care Act of 2010 (PPACA)
(Public (PPACA) (Public Law 111-148), may, at
any time, in writing, affirmatively choose to receive communications
and notices electronically as provided by this section. If the
recipient chooses to receive communication
communications electronically, the recipient shall be informed
in writing of his or her right to opt out of electronic
communications at any time, in accordance with paragraph (2) and as
authorized and required by federal law.
(1) A notice or other form of communication shall not be sent
electronically unless that method of communication has been
affirmatively requested in writing, or electronically ,
with an electronic signature, by the applicant or
recipient. A record of the request required by this paragraph and of
each notice and communication sent electronically or otherwise shall
be maintained in the recipient's case file for three years, as
required by Section 10851.
(2) An applicant or recipient may, in writing, in person, by
telephone, or by electronic mail, opt out of receiving electronic
notices. A request to opt out shall be processed as soon as
administratively possible. For victims of domestic violence, the
county shall cease all communication with the applicant or recipient
until the request to opt out of electronic communication has been
processed.
(3) All notices made available electronically to all applicants
for and recipients of aid shall be sent via secured server. Notices
and official case communications shall not be sent as an electronic
mail attachment. Each electronic communication shall include the
information that the recipient of the electronic communication has
the right to opt out of receiving electronic communication at any
time, with instructions for how to do so. For all notices sent via
electronic communication, administering agencies or departments shall
have the ability to be informed when that electronic communication
has failed. The department and the administering agencies shall
establish a process for ensuring timely receipt of case-related
information when an applicant or recipient has indicated a preference
for electronic communications, but electronic communication fails or
is rejected.
(4) Notwithstanding any other provision of this section, in
addition to issuing notices of action pursuant to paragraph (3),
notices of action relating to fair hearings,
establishing an intentional program violation for any household
member, or establishing or collecting an overpayment,
underpayment, or overissuance , or
underissuance from recipients or former recipients
, and any notice of action that is specifically requested
by the applicant or recipient to be mailed, shall be sent via the
United States Postal Service.
(5) Every effort shall be made to maintain privacy and security of
applicant or recipient , recipient, or
authorized representative information at all times.
(6) All electronic communication and data storage shall comply
with state and federal security standards. The state security
standards shall be posted on the department's Internet Web site and
on the home page for all online applications.
(d) Under no circumstances shall data that is available
electronically that identifies an applicant or recipient, the
permanent or temporary internet protocol (IP) address assigned to an
applicant or recipient, or the geographic location of the IP address
or mobile device, their Internet activity , or any other
information that is available through the Internet, be collected or
used for any purpose other than transmitting information to the
applicant or recipient as authorized by this section.
SEC. 5. Section 11023.7 is added to the Welfare and Institutions
Code, to read:
11023.7. (a) Notwithstanding Section 10830, or other verification
required only for the CalWORKs program, as provided in Article 2.5
(commencing with Section 11275) of Chapter 2, a county shall not
require an applicant for or recipient of aid pursuant to this chapter
to provide verification of information provided to the county,
unless verification is federally required and necessary to determine
eligibility for aid or to compute the amount of aid, and the
verification is not already available to the county eligibility
worker. Additional information not required by federal law or
necessary to determine eligibility for aid or to compute
the amount of aid may be requested from an applicant or recipient to
determine eligibility for aid and the amount of aid, but the
individual's eligibility for aid shall not be delayed, denied, or
terminated due to his or her failure to provide this information.
(b) If the county eligibility worker determines that the
verification secured under subdivision (a) is inconsistent with other
verified information in the possession of the county, then the
county eligibility worker shall specify to the applicant or recipient
the exact clarifying verification that is needed to verify current
eligibility. The county eligibility worker shall provide the
applicant or recipient with a notice of action specifying the
inconsistent verified information and the specific type of
information that the applicant or recipient needs to provide to
clarify the eligibility factor at issue.
(c) A county human services department shall maximize the use of
electronic means of verifying information required to be verified for
any applicant or recipient of aid pursuant to this chapter, except
for information that federal law permits to be verified through a
self-attestation statement of the applicant or recipient or that is
required by the CalWORKs program, as provided in Article 2.5
(commencing with Section 11275) of Chapter 2. If the necessary
information is not contained in the county human services department
case files, and self-attestation is not legally sufficient, the
county human services department shall search all available databases
accessible statewide to county human services departments to verify
all eligible information, pursuant to statewide protocols developed
by the department as provided in this subdivision. At a minimum, the
state shall work with representatives of county human services
departments, representatives of county eligibility workers, and
public benefits advocates to establish a statewide protocol enabling
the use of the electronic database developed for verification of
eligibility information for applicants and recipients under the
federal Patient Protection and Affordable Care Act of 2010 (PPACA)
for applicants for and recipients of CalWORKs, CalFresh, and other
social services programs, and to identify other available federal and
state databases and establish protocols for searching those
databases for information pursuant to this subdivision.
(d) An applicant for or recipient of aid under this chapter whose
information is electronically verified pursuant to this section shall
be given an opportunity to review the information obtained
electronically and to make corrections, as necessary. An applicant or
recipient of aid who disputes the accuracy of electronically
verified information that is federally required and necessary to
determine eligibility for aid or to compute the amount of aid may be
required to provide verification of the disputed information.
(e) The identity of an applicant for or recipient of CalWORKs and
CalFresh benefits shall be considered verified if his or her identity
has already been verified for the Medi-Cal program using standards
pursuant to the federal Deficit Reduction Act of 2005 (Public Law
109-171), as modified by the federal Children's Health Insurance
Program Reauthorization Act of 2009 (Public Law 111-3), or if he or
she provides a valid social security number that the county human
services department is able to use to verify his or her identity
through the Medi-Cal Eligibility Data System or any other database
available to the county human services department.
(f) All information verified for applicants for or recipients of
CalFresh benefits or a state health subsidy program, as defined in
Section 1413(e) of the PPACA, shall be considered verified for
purposes of the CalWORKs program.
SEC. 6. Section 11023.8 is added to the Welfare and Institutions
Code, to read:
11023.8. (a) Notwithstanding any other law, all application and
recertification interviews shall be conducted in person, by
telephone, or through other electronic means to provide for more
efficiency in the administration of the program and to reduce the
transportation costs to applicants and recipients associated with
those interviews.
(b) Except for applications from applicants who may be eligible
for benefits under Sections 11266 and 18914, the department or the
county human services department may schedule an interview that does
not require face-to-face interaction, such as a telephone interview,
and shall provide a notice that contains the date and time that the
applicant will be contacted to complete the interview. If the
scheduled interview was not an in-person interview that would require
face-to-face interaction, such as a telephone interview, and was not
completed, the department also shall provide the applicant or
recipient with a notice that contains the date, time, and place of an
in-person interview . Nothing in this section shall prevent the
county human service s department from attempting to
conduct a missed telephone interview or in-person interview by
telephone or offering a call center interview option to the applicant
before the scheduled in-person face-to-face interview provided for
in this subdivision . If the applicant or recipient appears for
the scheduled interview on time, the interview shall be conducted
within 30 minutes of the time that the interview was scheduled, if
administratively possible and it will not cause the county to
incur any new additional costs .
(c) The notice required by subdivision (b) shall inform the
applicant or recipient of all options available in that county for
completing the interview prior to the scheduled appointment,
including telephone interview, online interview, and on-demand
telephone interview.
(d) The notice required by subdivision (b) shall be developed in
consultation with advocates, counties, and county eligibility
workers, and shall provide this information in language that is
accessible to applicants and recipients, including those with limited
English proficiency.
(e) If, at any time, the county human services department believes
an applicant for or recipient of aid is eligible for or entitled to
aid, the department shall, in accordance with Section 10500, assist
him or her to apply for or continue to receive that aid.
(f) The department may seek a federal waiver to the extent
necessary to implement this section.
SEC. 7. Section 11052.5 of the Welfare and Institutions Code is
amended to read:
11052.5. (a) No applicant shall be granted public assistance
under Chapter 2 (commencing with Section 11200), Chapter 10
(commencing with Section 18900), or Chapter 5 (commencing with
Section 12700) of this part until he or she is first interviewed by
the county human services department or state staff for patients in
state hospitals. The interview shall be conducted promptly following
the application for assistance. If an applicant is incapable of
acting in his or her own behalf, the county human services department
shall verify this fact by contact with the applicant before aid is
authorized. As used in this section, the term public assistance does
not include health care as provided by Chapter 7 (commencing with
Section 14000).
(b) In order to achieve administrative savings and efficiency, the
county human services department shall conduct the interview
required by this section on the same day as the initial application,
to the extent that doing so would be cost effective and
administratively possible for the county human services department.
The
(c) The interview conducted
pursuant to this section shall occur no later than seven days after
the time of application unless there are extenuating circumstances
that justify further delay.
(d) The county shall have the option of conducting interviews
in-person for applicants of aid under Chapter 2 (commencing with
Section 11200).
SEC. 8. Section 11322.81 is added to the Welfare and Institutions
Code, to read:
11322.81. Notwithstanding any other law, an adult recipient who
meets the minimum federal welfare-to-work participation requirements
shall be deemed to be in compliance with the requirements of Section
11322.8. In addition, necessary supportive services for these
participants shall be provided in order to participate in activities
or employment pursuant to Sections 11323.2 and 11323.4, and these
participants shall not be subject to sanction for failure or refusal
to comply with program requirements under Section 11327.4.
SEC. 9. Section 18901.6 of the Welfare and Institutions Code is
amended to read:
18901.6. (a) The Legislature finds and declares that 40 percent
of CalWORKs recipients who receive transitional CalFresh benefits
reapply to receive regular CalFresh benefits.
(b) To the maximum extent allowable by federal law, each county
human services department shall provide transitional CalFresh
benefits to households terminating their participation in the
CalWORKs program. The department shall implement this section so as
to maximize continued enrollment of eligible recipients, pursuant to
Section 273.31(b) of Title 7 of the Code of Federal Regulations.
(c) The department shall implement this section in accordance with
Section 10500.
SEC. 10. Section 18914 of the Welfare and Institutions Code, as
amended by Section 88 of Chapter 227 of the Statutes of 2011, is
amended to read:
18914. (a) To the extent provided by federal law, the county
human services department shall provide CalFresh benefits on an
expedited basis to households determined to be in immediate need of
food assistance.
(b) At the time an applicant initially seeks assistance, the
county human services department shall screen all expedited service
applications on a priority basis. Applicants who meet the federal
criteria for expedited service shall receive either a manual
authorization to participate or automated card or the immediate
issuance of CalFresh benefits no later than the third day following
the date the application was filed. To the maximum extent permitted
by federal law, the amount of income to be received from any source
shall be deemed to be uncertain and exempt from consideration in the
determination of eligibility for expedited service. For purposes of
this subdivision, a weekend shall be considered one calendar day.
(c) The State Department of Social Services shall develop and
implement for expedited issuance a uniform procedure for verifying
information required of an applicant.
(d) The department shall seek federal waivers to the extent
necessary to postpone expedited interviews that have been attempted
and conduct the interviews at the same time that the interview for
regular issuance of CalFresh benefits is scheduled pursuant to
Section 11023.8, when there is no verifiable information at the
disposal of the state or county human services department that
indicates the applicant's ineligibility for expedited service.
(e) If the applicant meets expedited service eligibility
requirements, the applicant shall not be denied expedited services if
his or her identity has been verified consistent with the standards
of verifying identity for the Medi-Cal program under the federal
Deficit Reduction Act of 2005 (Public Law 109-171), as modified by
the federal Children's Health Insurance Program Reauthorization Act
of 2009 (Public Law 111-3), or he or she provides a valid social
security number that the county human services department is able to
use to verify identity through the Medi-Cal Eligibility Data System
(MEDS) or any other database available to the county human services
department. Once identity is verified, all other verification shall
be postponed for 30 days, if permitted by federal law.
(d) To the extent allowed by federal law and any waivers of
federal law secured by the department, county human services
departments shall postpone expedited service interviews that have
been attempted and not completed, in accordance with the
determination of eligibility for regular issuance of CalFresh
benefits and pursuant to Section 11023.8.
(e) Expedited service shall be issued to any applicant who meets
eligibility requirements for expedited service benefits and for whom
there is no verifiable information available to the state or county
human services department that indicates the applicant's
ineligibility for expedited service, if the applicant's identity has
been verified consistent with subdivision (e) of Section 11023.7.
SEC. 11. Section 18926 of the Welfare
and Institutions Code is amended to read:
18926. (a) To the extent permitted by federal law, the department
shall annually seek a federal waiver of the existing federal
Supplemental Nutrition Assistance Program limitation that stipulates
that an able-bodied adult without dependents (ABAWD) participant is
limited to three months of CalFresh benefits in a three-year period
unless that participant has met the work participation requirement.
(b) All eligible counties shall be included in and bound by this
waiver unless a county declines to participate in the waiver
request. If a county declines, the county shall submit documentation
from the board of supervisors of that county to that effect
.
(c) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 2 of the Government Code) the department
may implement this section by all-county letters or similar
instructions.
SEC. 11. SEC. 12. Notwithstanding
the rulemaking provisions of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code), the department may implement this
act through an all-county letter or similar instruction from the
director. The all-county letter or similar instruction shall be
issued no later than January 1, 2014.
SEC. 12. SEC. 13. No appropriation
pursuant to Section 15200 of the Welfare and Institutions Code shall
be made for purposes of this act.
SEC. 13. SEC. 14. If the Commission
on State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.