California Assembly Bill AB1970 Amended / Bill

 BILL NUMBER: AB 1970AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 19, 2012 INTRODUCED BY Assembly Member Skinner  (   Coauthors:   Assembly Members   Ammiano   and Portantino   )  FEBRUARY 23, 2012 An act to amend  Section   Sections 18901.6 and  18914 of, and to add Sections 10003, 11023.6, 11023.7,  and  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 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 operation   al  state plan submitted by any  state  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 require the State Department of Social Services  and the California Healthcare Eligibility, Enrollment, and Retention System to seek a waiver from the United States Department of Agriculture to deliver   to   promulgate regulations for delivery of  notices and communications pertaining to CalFresh eligibility and benefits electronically, or both electronically and by mail, 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. 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 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 whose youngest child is under 6 years of age to be in compliance with existing welfare-to-work requirements if he or she is participating in at least 20 hours per week of federally eligible welfare-to-work activities. 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 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 expedited service interview to be postponed, as specified, if there is no information indicating the applicant's ineligibility for expedited service.  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  for a program administered by any department pursuant this division, and any and all communication relative to the plan, including any writings relative to any   and any approved  waiver requested or received by  the   any  department, shall be electronically available to the public at all times on the relevant department's Internet Web site. SEC. 3. Section 11023.6 is added to the Welfare and Institutions Code, to read: 11023.6. (a) The State Department of Social Services shall  seek a waiver from the United States Department of Agriculture (USDA) to authorize county human services departments and the California Healthcare Eligibility, Enrollment, and Retention System (CalHEERs) developed pursuant to the California Patient Protection and Affordable Care Act, to deliver notices and communication pertaining to CalFresh eligibility and benefit issuance as allowed by subdivision (c)   promulgate regulations to allow for the delivery of notices and communications pertaining to CalFresh and CalWORKs 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 notice of actions or other communications relevant to their case electronically as provided in paragraphs (1) to (6), inclusive, of subdivision (c). (c) All applicants and recipients of public social services, including applicants and recipients of CalFresh benefits under Section 18900 and any state health subsidy program shall be allowed, at any time, to affirmatively choose to receive communications and notices electronically, or both electronically and via the United States Postal Service as provided by this section.  Upon choosing to receive communication 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). The administering agencies or departments shall respond to all undeliverable or rejected electronic communications by unsubscribing the recipient from electronic communications and reinstating postal service delivery of all notices and documents, beginning with the notice that was undelivered or rejected electronically, and shall inform the recipient or head of household how to request electronic delivery of notifications and communications as established in this section.  (1) No notice or other form of communication shall 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 opt out of receiving electronic notices, in writing, in person, by telephone, or by electronic mail. A request to opt out shall be processed within 24 hours of receipt. 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 sent electronically shall be sent via secured server. No notice shall be sent as an electronic mail attachment.  For all notices sent, administering agencies or departments shall have the ability to be informed when the recipient has opened or "downloaded" the notice, and shall send notices via the United States Postal Service if the recipient has not opened or downloaded the notice or there is not proof that a notice sent electronically was received and opened within seven days of having been sent.   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 the recipient has opened or downloaded the notice, and shall send an electronic reminder notice to the recipient if the notice has not been opened or downloaded within seven days of having been sent   .  (4) Notwithstanding any other provision of this section,  in addition to issuing notices of action pursuant to paragraph (3),  notices  of action  terminating benefits, sanctioning benefits, or establishing an intentional program violation for any household member or for establishing or collecting an overpayment, underpayment, overissuance or underissuance from recipients or former recipients shall be sent via the United States Postal Service. (5) Every effort shall be made to maintain privacy and security of applicant or recipient information at all times. (6) All electronic communication and data storage shall comply with state security standards  , which   . 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. 4. Section 11023.7 is added to the Welfare and Institutions Code, to read: 11023.7. (a)  A   Notwithstanding Section 10830, a  county shall not require an applicant for or recipient of aid pursuant 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 information is not already available to the county eligibility worker. Additional information not required by federal law or necessary to determine eligibility for aid or compute the amount of aid may be requested from an applicant or recipient, 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) 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 self-attestation statement of the applicant or recipient.  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 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 and 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  . (c) 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. SEC. 5. 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)  The   Except for applications from applicants who may be eligible for benefits under Sections 11266 and 18914, the  department or the county welfare department shall schedule the interview at least 10 working days in advance, and shall provide a notice that contains the date, time, and place of the interview. 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  individual arrives at the interview location   interview was scheduled  .  (c) If the department or county welfare department offers an on-demand telephone interview option, the notice required by subdivision (b) shall inform the applicant or recipient of this option and how to phone in for the interview.   (d) The notice shall also inform the applicant or recipient that he or she may conduct the interview through the various electronic means available prior to the scheduled appointment, including telephone interview, online interview, or interview in a chat room. The notice shall be developed in consultation with advocates, counties and labor representatives, and shall provide this information in language that is accessible to applicants and recipients, including language access.   (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.   SEC. 6.   Section 11322.81 is added to the   Welfare and Institutions Code   , to read:   11322.81. Notwithstanding any other law, an adult recipient whose youngest child is under six years of age, and who is participating in at least 20 hours per week of federally eligible welfare-to-work activities, 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. 7.   Section 18901.6 of the   Welfare and Institutions Code   is amended to read:  18901.6.  To   (a)     The L   egislature 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 welfare 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.   SEC. 6.   SEC. 8.  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 welfare 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 welfare 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 expedited service interview shall be postponed and conducted at the same time that the interview for regular issuance of CalFresh benefits is scheduled pursuant to Section 11023.8, if there is no verifiable information at the disposal of the state or county welfare department that indicates the applicant's ineligibility for expedited service.   (d) The expedited service interview that has been attempted shall be postponed and conducted at the same time that the interview for regular issuance of CalFresh benefits is scheduled pursuant to Section 11023.8, if 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. The department shall seek all necessary waivers of federal law to implement this section.   (e) If the applicant meets expedited service eligibility requirements, the applicant shall not be denied expedited services if he or she provides a valid social security number unless the county human services department is unable to use this number 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.   SEC. 7.   SEC. 9.  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. 8.   SEC. 10.  No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.  SEC. 9.   SEC. 11.  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.