BILL NUMBER: SB 1339 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Monning
FEBRUARY 19, 2016
An act to amend Sections 11053 and 11053.2 of the Welfare and
Institutions Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
SB 1339, as introduced, Monning. Public social services:
intercounty transfers.
Existing law provides for the California Work Opportunity and
Responsibility to Kids (CalWORKs) program under which, through a
combination of state and county funds and federal funds received
through the Temporary Assistance for Needy Families (TANF) program,
each county provides cash assistance and other benefits to qualified
low-income families.
Existing law 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.
Existing law establishes a statewide program to enable eligible
low-income persons to receive food stamps under the federal
Supplemental Nutrition Assistance Program (SNAP), known in California
as CalFresh. Existing law requires counties to implement the
program, including determining eligibility and distributing CalFresh
benefits. Existing law requires the State Department of Social
Services to establish and implement a process of intercounty transfer
of eligibility for CalFresh benefits, and to take various regulatory
actions.
Under existing law, a recipient of aid who is changing residence
from one county to another within the state is required to 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.
Existing law imposes various requirements on the relevant counties,
including requiring the county to which the recipient has moved to
determine the recipient's continued eligibility for payment of aid
and, to the extent possible, the recipient's eligibility for the
Medi-Cal program.
This bill would delete a requirement that the first county notify
the second county of the recipient's move, and would instead provide
that the new county of residence is responsible for the payment of
aid and CalFresh benefits as soon as either county becomes aware of
the recipient's move, and is responsible for the provision of
Medi-Cal benefits as of the first day of the month following 30 days
after the new county is notified of the recipient's relocation. The
bill would also provide that a Medi-Cal beneficiary who is enrolled
in a Medi-Cal managed care plan and who changes residence to a county
in which that managed care plan does not operate, shall, prior to
the transfer of his or her Medi-Cal benefits, be entitled to receive
services from a Medi-Cal provider in the county to which he or she
has moved. Because this bill imposes additional duties on counties
with regard to the provision of aid, this bill would impose a
state-mandated local program.
This bill would extend the dates upon which the State Department
of Social Services would be required to establish and implement the
CalFresh intercounty transfer process and take related regulatory
action.
Existing law continuously appropriates moneys from the General
Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation
would not be made for purposes of implementing the bill.
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. Section 11053 of the Welfare and Institutions Code is
amended to read:
11053. (a) It shall be the responsibility
of a 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. The As soon as
either county is aware of the move, the county to which the
recipient has moved will be responsible for determining the
recipient's continued eligibility for payment of aid and,
to the extent possible, as determined by the Director of Health
Care Services, eligibility for the Medi-Cal program,
responsible for providing Medi-Cal benefits 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 by the department, necessary to
establish current eligibility and grant amount.
(b) Notwithstanding subdivision (a) or any other law, a Medi-Cal
beneficiary who is enrolled in a Medi-Cal managed care plan, and who
changes residence to a county in which that managed care plan does
not operate, shall, prior to the transfer of his or her Medi-Cal
benefits, be entitled to receive services from a Medi-Cal provider in
the county to which he or she has moved.
SEC. 2. Section 11053.2 of the Welfare and Institutions Code is
amended to read:
11053.2. (a) Notwithstanding any other law, the department shall
establish a process of intercounty transfer of eligibility for
CalFresh benefits provided under Chapter 10 (commencing with Section
18900) of Part 6 when a recipient changes residence from one county
to another within the state. The intercounty transfer process shall
facilitate a recipient's move from one county to another without a
break in benefits and without requiring a new application to be
submitted to the new county of residence.
(b) (1) For CalFresh recipients who are receiving CalWORKs
benefits pursuant to Chapter 2 (commencing with Section 11200), the
intercounty transfer process utilized for CalWORKs shall be used.
(2) For CalFresh recipients who are receiving Medi-Cal benefits
pursuant to Chapter 7 (commencing with Section 14000), but are not
receiving CalWORKs benefits pursuant to Chapter 2 (commencing with
Section 11200), the intercounty transfer process utilized for the
Medi-Cal program shall be used.
(3) This subdivision shall be implemented no later than April 1,
2011 2017 .
(c) For CalFresh recipients who are not receiving CalWORKs or
Medi-Cal benefits as described in paragraphs (1) and (2) of
subdivision (b), 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 described in paragraphs (1) and
(2) of subdivision (b), and minimize workload for county eligibility
operations. The process developed pursuant to this subdivision shall
be implemented no later than July 1, 2011.
201 7.
(d) Upon the implementation of the intercounty transfer procedures
set forth in this section, it shall be the responsibility of a
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. 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. 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.
(e) Notwithstanding 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 section
through all-county letters, or similar instructions from the director
no later than April 1, 2011, 201
7, with respect to subdivision (b), and no later than July 1,
2011, 201 7, with respect to
subdivision (c).
(f) The department shall adopt regulations as otherwise necessary
to implement this section no later than July 1, 2012.
201 7. Emergency regulations adopted
for implementation of this section may be adopted by the director in
accordance with 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 adoption of emergency regulations shall be
deemed to be an emergency and necessary for immediate preservation
of the public peace, health and safety, or general welfare. The
emergency regulations shall be exempt from review by the Office of
Administrative Law. The emergency regulations authorized by this
section shall be submitted to the Office of Administrative Law for
filing with the Secretary of State and shall remain in effect for no
more than 180 days.
SEC. 3. No appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall be made for purposes of implementing this
act.
SEC. 4. 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.