California Senate Bill SB297 Amended / Bill

 BILL NUMBER: SB 297AMENDED BILL TEXT AMENDED IN SENATE MARCH 26, 2015 INTRODUCED BY Senator McGuire FEBRUARY 23, 2015 An act to amend  Sections   Section  18901.10  and 18914  of, and to add Section 10508 to, the Welfare and Institutions Code, relating to public social services. LEGISLATIVE COUNSEL'S DIGEST SB 297, as amended, McGuire. Public benefits: eligibility determinations. (1) Existing law provides for financial and food assistance benefits to needy Californians including, among other programs, the California Work Opportunity and Responsibility to Kids (CalWORKs) program and CalFresh, under which each county provides for financial and food assistance benefits to qualified individuals who meet specified eligibility criteria. This bill would require the State Department of Social Services to develop and make available to  county human services agencies, for use at their option,   the Statewide Automated Welfare System  an electronic verification  system   process  that allows  the  county human services agency eligibility workers to  , at their option,  access data available electronically from  other state   public and private  agencies and programs for use in connection with the determination of eligibility for  specified  means-tested public benefit programs. (2) Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, formerly the Food Stamp Program, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, county human services agencies administer CalFresh.  Existing law requires the county human services agency to provide CalFresh benefits on an expedited basis to households determined to be in immediate need of food assistance, and requires the department to develop and implement for expedited issuance a uniform procedure for verifying information required of an application.   This bill would require this verification procedure to include guidance on verifying the identify of an applicant using information available through the Medi-Cal Eligibility Determination System (MEDS) or the verification system developed pursuant to this bill. The bill would require the State Department of Social Services to develop and implement a uniform procedure for processing applications to provide benefits on an expedited basis, as specified. Existing law requires each county human services agency, to the extent permitted by federal law, to exempt a household from complying with face-to-face interview requirements at initial application and recertification, and authorizes a person eligible for an exemption from the face-to-face interview requirement to request a face-to-face interview to establish initial eligibility or comply with recertification requirements. This bill would  instead require a county human services agency to conduct a telephone interview for purposes of determining eligibility at initial   application and recertification, except as pro   vided, and would  require a county human services agency to facilitate submission of required documents using electronic and telephone technologies  for the purpose of determining eligibility, and   to the greatest extent possible. The bill  would also expand the circumstances under which a face-to-face interview is  required.   required, and would authorize an electronic interview to be conducted if the county human services agency and the applicant or recipient both have the capacity to participate in an electronic interview.  The bill would require the department to issue guidance for recording and storing electronic and telephonic signatures. By increasing the duties of county human services agencies administering CalFresh, this bill would impose a state-mandated local program. The bill would require the State Department of Social Services to coordinate with county human services agencies to  develop a syste   m   make available a standard technological solution  that has the capacity to store telephonic and electronic signatures, as specified. (3) 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 10508 is added to the Welfare and Institutions Code, to read: 10508. (a) In order to ensure timely and accurate decisions on applications for means-tested public benefit  programs,   programs under this division,  the department shall develop and make available to  county human services agencies, for use at their option,   the Statewide Automated Welfare System established pursuant to Section 10823,  an electronic verification  system   process  that allows  county human services agency  eligibility workers to  , at their option,  access data available electronically from  other state   appropriate public and private  agencies and programs for use in connection with the determination of eligibility for means-tested public benefit  programs.   programs under this division.  In developing this electronic verification  system,   process,  the department shall consult with county human services agencies, eligibility workers,  representatives of the Statewide Automated Welfare System,  and client advocates.  It is the intent of the Legislature that the electronic verification process be utilized to the greatest extent possible prior to requesting verification of data elements from an applicant or recipient.  (b) The electronic verification  system   process  identified in subdivision (a) shall be completed no later than the expiration of the federal waiver for Office of Management and Budget Circular A-87, which requires states to evenly allocate the development costs for systems that are federally funded. (c) (1) If the electronic verification  system   process  developed pursuant to subdivision (a) includes information obtained from an agency that is subject to the requirements of either the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.) or the Consumer Credit Reporting Agencies Act (Title 1.6 (commencing with Section 1785.1) of Part 4 of Division 3 of the Civil Code), the department shall report to the Legislature regarding the ways in which the electronic verification  system   process  guarantees the rights established under these laws to protect individuals from negative actions resulting from incorrect information. (2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. SEC. 2. Section 18901.10 of the Welfare and Institutions Code is amended to read: 18901.10. (a) To the extent permitted by federal law, and  subject to the limitation   except as provided  in  paragraph (1),   paragraphs (1) and (2),  each county human services agency shall  exempt a household from complying with face-to-face interview requirements   conduct a telephone interview  for purposes of determining eligibility at initial application and  recertification,   recertification  and shall facilitate submission of required documents using electronic and telephone  technologies.   technologies to the greatest extent possible.  (1) A face-to-face interview shall be  required   conducted  if any of the following occur: (A) A face-to-face interview is requested by the applicant, recipient, or authorized representative. (B) On a case-by-case basis,  it   a face-to-face interview  is deemed necessary by the county to clarify a condition of eligibility. (C) A face-to-face interview is required in order to make timely and reasonable accommodations to serve a household with a person who has a disability, is advanced in age, or is homeless. For purposes of this subparagraph,  a   the  face-to-face interview shall be conducted in a mutually acceptable location.  (2) When a face-to-face interview is not required pursuant to this subdivision, a telephone interview shall be conducted.   (2) An electronic interview may be conducted in place of a telephone or face-to-face interview if the county human services agency and the applicant or recipient both have the capacity to participate in an electronic interview.  (3) A  face-to-face interview and telephone   face-to-face, telephone, or electronic  interview shall be conducted by  a  county human services agency  staff.   eligibility worker.  (b) (1) In order to facilitate submission of required information by applicants and recipients, the department shall issue guidance for recording and the storing of electronic and telephonic signatures. (2) The department shall coordinate with county human services agencies to  create a system   make available a standard technological solution  that has the capacity to store telephonic and electronic signatures. The department shall, in  developing this system,   identifying this solution,  work with county human services agencies  , client advocates, the Statewide Automated Welfare System   ,  and  with  the Office of Systems Integration to ensure  this system is designed to be directly accessed through the statewide automated welfare system developed pursuant to Section 10823 and that   maximum compatibility with the Statewide Automated Welfare System   and to provide that  the telephonic and electronic signatures  would   will  be stored within the  statewide automated welfare system, if appropriate.     Statewide Automated Welfare System   , as appropriate.  (3) A county shall not be required to use  this system   the solution identified pursuant to paragraph (2)  if the county is complying with the guidance established by the department pursuant to paragraph (1).  It is the intent of the Legislature that this section ensure that applicants and recipients in all counties have the ability to utilize telephonic and electronic sig   natures.  (c) The state shall not, nor shall any county,  enact a waiver of federal law that allows   allow  an eligibility interview to be conducted by anyone other than a county human services agency  staff.   eligibility worker.   SEC. 3.   Section 18914 of the Welfare and Institutions Code is amended to read: 18914. (a) In accordance with, and to the extent provided by, federal law, the county human services agency shall provide CalFresh benefits on an expedited basis as provided in subdivision (b) to households determined to be in immediate need of food assistance. (b) Pursuant to the federal requirements of Section 273.2(i)(2) of Title 7 of the Code of Federal Regulations, the county human services agency shall screen all CalFresh applications for entitlement to expedited service. Applicants who meet the federal criteria for expedited service as defined in Section 273.2(i)(1) of Title 7 of the Code of Federal Regulations 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 entitlement 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. This verification procedure shall include guidance on verifying the identity of an applicant using information available through the Medi-Cal Eligibility Determination System (MEDS) or the verification system developed pursuant to Section 10508. (d) The department shall develop and implement a uniform procedure for processing applications to provide benefits on an expedited basis that are submitted electronically or by telephone and conducting interviews by telephone that are consistent with the process established pursuant to Section 18901.10.   SEC. 4.   SEC. 3.  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.