BILL ANALYSIS �
SB 346
Page 1
SENATE THIRD READING
SB 346 (Beall)
As Amended August 8, 2013
Majority vote
SENATE VOTE :26-11
HUMAN SERVICES 5-2
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|Ayes:|Stone, Ammiano, Ian | | |
| |Calderon, Garcia, Hall | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Maienschein, Grove | | |
| | | | |
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SUMMARY : Provides that public social services, as defined in
Welfare and Institutions Code (WIC) Section 10051, include
publicly funded health care services, as specified, and
establishes that this is a clarification of existing law.
EXISTING LAW :
1)Requires all applications and records pertaining to public
social services provided to individuals to be confidential and
prohibits dissemination of such information unless it is for
purposes of administering services to the individual or for
purposes of investigation, prosecution, or criminal or civil
proceeding related to the administration of the services the
individual receives, as specified. (WIC Section 10850(a))
2)Authorizes county welfare departments to release information
regarding applicants for, or recipients of, public social
services to other county welfare departments and the
Department of Social Services solely for the purpose of
administration of public social services programs, as
specified. (WIC Section 10850(b))
3)Authorizes counties to provide information pertaining to
applicants for, and recipients of, public social services to
other public entities for the purpose of determining program
eligibility and to school officials, as specified, as
necessary for the administration of federally assisted,
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needs-based programs. (WIC Section 10850(b))
4)Defines public social services as those activities and
functions of state and local government, administered or
supervised by the State Department of Social Services or the
State Department of Health Services, that provide aid,
services, or both aid and services, including health care
services and medical assistance, to those people of the state
who are in need of such aid or services due to their economic
circumstances or social condition. (WIC Section 10051)
5)Requires every city and county to provide relief and support
to all indigent and dependent poor persons, when such persons
do not receive adequate support or relief from their relatives
or friends, by their own means, or by state hospitals or other
state or private institutions. (WIC Section 17000)
6)Establishes the Low Income Health Program (LIHP) as a federal
Medicaid demonstration project at the local level to provide
specified health care services to eligible, low-income
individuals 19 to 64 years of age who are not otherwise
eligible for the Medi-Cal program or the Children's Health
Insurance Program, as specified. (WIC Section 15909.1)
7)Permits a county board of supervisors of any county with a
population of less than 300,000 to elect to participate in the
County Medical Services Program (CMSP) to provide specified
health care services to medically indigent persons. (WIC
Section 16809)
8)Establishes local Medically Indigent Services Programs (MISP)
to fulfill the obligations of larger counties under WIC
Section 17000, and allows for county flexibility in the
administration of those programs.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : This bill seeks to clarify current law regarding the
sharing of confidential client information related to public
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social services at the county level. Due to current statutory
language that prevents the sharing of information pertaining to
applicants and recipients of public social services, except
under certain circumstances, there are perceived limitations on
a county's ability to share information between its own regional
departments or distinct agencies, including when the information
needs to be shared for the benefit of the applicant for, or
recipient of, public social services.
Interoperability within the Affordable Care Act : The primary
goals of the federal Patient Protection and Affordable Care Act
of 2010 (ACA) are to expand health insurance coverage, reduce
health care spending, and increase the regulation of private
health insurers. With the January 2014 implementation date
drawing near, many of California's statewide departments and
county welfare departments are looking forward to a seamless
transition to new health care coverage for many Californians, as
well as more streamlined communication between health and social
services systems. According to the Administration for Children
and Families (ACF), within the federal Department of Health and
Human Services, interoperability of health and social services
systems is an essential component of proper implementation of
the ACA.
Automated eligibility systems : Three distinct Statewide
Automated Welfare Systems (SAWS) are used in California to
determine eligibility and benefit levels for public social
services programs, including CalWORKs, CalFresh, Medi-Cal,
foster care, the refugee program and CMSPs. Additionally, the
SAWS maintain caseload and enrollment information for the
purpose of case management for benefit recipients and the
general administration of these programs. In 2011, the
Legislature enacted AB 16 X1 (Blumenfield), Chapter 13, Statutes
of 2011-12 First Extraordinary Session, to consolidate counties
and decrease the number of SAWS to two. Although information
sharing between the data portals for the public social services
included in the SAWS should be seamless, proponents of this bill
assert that health care eligibility information within counties
with their own health care systems or public hospitals may be
held in distinct data systems, thereby reducing opportunities
for data matching.
Need for the bill : Current law allows applications and
applicant records to be shared with other public agencies for
the purpose of establishing eligibility for, or administering,
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public social services (WIC Section 10850). Some counties have
interpreted this as authority to share client information
between their health and social services departments. However,
the bill's sponsor, the Santa Clara County Board of Supervisors,
sees the current confidentiality requirements, which explicitly
allow information sharing to take place between county welfare
departments, without any mention of other county departments or
agencies, as barriers that prohibit the exchange of information
even when the information would be shared for the client's
benefit. According to the bill's sponsor, system
interoperability within counties is essential in providing
clients timely access to the services for which they are
eligible.
The author states, "SB 346 allows county human services
departments to more easily share client eligibility information
with county health departments in order to simplify enrollment
in public health care coverage programs such as the Low-Income
Health Program or the county Medically Indigent Services
Program. As we look to implement the Affordable Care Act, which
includes an emphasis on having no wrong door, we want to make
sure that we are doing everything we can to make enrollment in
health and human services programs as easy as possible for
clients. SB 346 would further this goal."
Analysis Prepared by : Myesha Jackson / HUM. S. / (916)
319-2089
FN: 0001560