Amended IN Assembly March 14, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1957Introduced by Assembly Member BermanJanuary 30, 2018 An act to add Sections 11023.6 and 11023.7 11023.6, 11023.7, and 11023.8 to the Welfare and Institutions Code, relating to public social services. LEGISLATIVE COUNSEL'S DIGESTAB 1957, as amended, Berman. Social Services Modernization, Efficiency, and Due Process Protection Act of 2018.Existing law provides for various public social services programs for purposes of providing on behalf of the general public, and within the limits of public resources, reasonable support and maintenance for needy and dependent families and persons, including, among others, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals, and CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. county, and the Medi-Cal program, under which qualified low-income individuals receive health care services.This bill, to extent permitted by federal law, guidance, or waiver, would authorize applicants for and recipients of public social services to, at any time, affirmatively choose to receive permit communications and notices of action either electronically only, to be sent via the United States Postal Service only, or or, within the capacity of the county, either electronically only or both electronically and via the United States Postal Service, as specified. The bill would require a record of this request, and of each notice of action and communication sent electronically or otherwise, otherwise to be maintained in the recipients case record. The bill would authorize applicants and recipients to opt out of receiving electronic notice, an applicant or recipient to revoke his or her permission to receive electronic notices of action and communications, and would provide for the privacy and security of an applicants or recipients electronic information, as specified.This bill would prohibit a county from requiring an applicant for or recipient of public social services to provide verification of information provided to the county, unless verification is federally required and necessary to determine current eligibility for services or to compute the amount of aid, and the current information is not already available to the county eligibility worker. The bill would require a county human services agency to maximize the use of electronic means of verifying information required to be verified for any applicant or recipient, except as specified. The bill provides, to the extent permitted by federal law, guidance, or waiver thereof, that information that is verified in any public social services program shall be deemed to be verified for all public human social services programs.The bill would require the department State Department of Social Services and the State Department of Health Care Services to implement these provisions through an all-county letter or similar instruction from the director of those departments no later than July 1, 2019, as specified.By increasing the duties of counties administering public social services programs, the bill would impose a state-mandated local program.Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.This bill would 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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, Efficiency & Efficiency, and Due Process Protection Act of 2018.SEC. 2. The Legislature finds and declares all of the following:(a) CalFresh is our states most important defense against hunger, and CalWORKs is needed to prevent homelessness and basic needs deprivation among our states poorest families with children.(b) While low-income consumers struggle to secure and maintain regular access to telephone and internet Internet service, especially in rural communities, making forms and notices for social safety net programs available electronically or telephonically can benefit a significant portion of applicants and recipients. (c) The State Department of Social Services and county human services agencies in the state have been leaders in increasing access to applications, forms, and notices of actions electronically and telephonically, which has increased efficiency for county workers and improved outcomes for applicants and recipients.(d) Modernization of state law is needed to reflect these recent changes in practice and to protect the due process and privacy of all applicants and recipients as the use of technology continues to advance in the delivery of social safety net services.SEC. 3. Section 11023.6 is added to the Welfare and Institutions Code, to read:11023.6. (a) (1) Applicants for and recipients of public social services provided under this division may, at any time, affirmatively choose to receive permit communications and notices of action either electronically only, to be sent via the United States Postal Service only, or or, within the capacity of the county, either electronically only or both electronically and via the United States Postal Service, as provided by this section. The application for public social services, the semiannual reporting forms, and the annual recertification forms shall provide applicants and recipients with these options. (2) For the purposes of this section, electronically means a communication made by email, interactive voice response, or via online server, but does not include computer-generated text messages, the regulation of which is as prescribed in Section 11023.7. (3) The State Department of Social Services and State Department of Health Care Services shall ensure that applications for public social services benefits, semiannual reporting forms, and annual recertification forms shall notify the applicant or recipient of both of the following: (A) An applicant or recipient providing a phone number or email address implies permission to be contacted by phone or email. (B) The applicant or recipient has a right to revoke the permission specified in subparagraph (A) and how to revoke the permission. (2)A notice of action or any other form of communication shall not be sent electronically unless that method of communicating has been affirmatively requested in writing by the applicant or recipient. A(4) A record of the request required by this paragraph, and of each notice of action and communication sent electronically or otherwise, otherwise shall be maintained in the recipients case record.(3)An applicant or recipient may, in writing, in person, by telephone, by electronic mail, or online if there is an online option available, opt out of receiving electronic notices of action and communications. A request to opt out shall be processed within 24 hours of receipt. If a county is aware that an applicant or recipient is a victim of domestic abuse, and the county receives a request to terminate electronic notices of action and communications from the applicant or recipient, the county shall immediately, within one hour, cease all electronic communication with the applicant or recipient until and unless the applicant or recipient requests to receive electronic notices of action and communications again.(5) An applicant or recipient may revoke his or her permission to receive electronic notices of action and communications in any form of communication available, including, but not limited to, in writing, in person, by telephone, by electronic mail, or online. A request to revoke permission shall be processed as expeditiously as possible, but no later than 72 hours after the receipt of the request. A written receipt confirming the cancellation of electronic communication shall be mailed. If a county receives a request to terminate electronic notices of action and communications from an applicant or recipient and the applicant or recipient states that this request is being made because of domestic abuse, the county shall immediately, within 24 hours, cease all electronic communication with the applicant or recipient until and unless the applicant or recipient requests to receive electronic notices of action and communications again.(4)(6) Notices of action that are sent electronically shall be sent via a secured server. A notice of action shall not be sent as an electronic mail attachment. For all notices of action sent, the county human services agency shall have the ability to be informed when the applicant or recipient has opened or downloaded the notice of action, and if the applicant or recipient has provided permission to receive electronic communication only, shall send notices the notice of action via the United States Postal Service if the applicant or recipient has not opened or downloaded the notice of action or there is no proof that a notice of action sent electronically was received and opened within seven days of having been sent.(5)(7) Notwithstanding any other provision of this section, 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 also be sent via the United States Postal Service in addition to being sent electronically.(6)A county human services agency employee shall not have any electronic communications with an applicant or recipient through the employees private email or phone. (7)(8) Every effort shall be made to maintain the privacy and security of applicant or recipient information at all times.(8)(9) Notices of action and communications that are sent electronically and data storage shall comply with state security standards, which shall be posted on the departments Internet Web site and on all online applications.(b) Under no circumstances shall data that is available electronically which and 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.(c)For the purposes of this section, electronically, refers to communication made by email, computer-generated text message, interactive voice response, or via online server.(c) An applicant or recipient shall have the opportunity to review and make corrections to his or her contact information and communication preferences periodically in the semiannual report form or annual recertification form.(d) This section shall only apply to the extent permitted by federal law, guidance, or waiver thereof.SEC. 4. Section 11023.7 is added to the Welfare and Institutions Code, to read:11023.7. (a) (1) If it is within the capacity of the county, a county may communicate with an applicant or recipient via computer-generated text message. All communications and notices of actions sent via computer-generated text message shall comply with Section 227 of Title 47 of the United States Code.(2) Communications sent via computer-generated text message shall not include case-identifying information nor both the first and last name of the applicant or recipient. Communications sent via computer-generated text message pursuant to this section may only do so via a link to a secure online portal where the applicant or recipient can access the notice of action after securely logging in.(3) The county shall notify the applicant or recipient that his or her first or last name, but not both, may appear in the computer-generated text message. This notification shall take place at the time the applicant or recipient provides permission to receive computer-generated text messages regarding his or her case.SEC. 4.SEC. 5. Section 11023.7 11023.8 is added to the Welfare and Institutions Code, to read:11023.7.11023.8. (a) A Notwithstanding any other law, a county shall not require an applicant for or recipient of public social services provided under this division to provide verification of information provided to the county, unless verification is federally required and necessary to determine current eligibility for services or to compute the amount of aid, and the current information is not already available to the county eligibility worker.(b) A county human services agency shall maximize the use of electronic means of verifying information required to be verified for any applicant or recipient, except for information that federal law permits to be verified through self-attestation statement of the applicant or recipient. A county human services agency shall not request verification that is available electronically to the county human services agency. agency and that is assessed by the county to be current and accurate.(c) To the extent permitted by federal law, guidance, or waiver thereof, information that is verified in any public social services program shall be deemed to be verified for all public human social services programs.(d) An applicant or recipient 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. corrections if that information has led to a denial of eligibility or a reduction in benefits.(e) (1) In order to ensure privacy and accuracy, unless explicitly permitted by federal or state law, privately maintained databases shall not be used for verification purposes in any public social services program under this division.(2) The requirements for the use of information contained in a consumer credit report for the determination of CalFresh or CalWORKs eligibility or benefit level is prescribed in Section 11023.(f) To ensure the accuracy of information used in public social services program eligibility decisions, the department, county human services agencies, and county consortia shall not contract with a consumer reporting agency or nongovernmental third party for any service related to verification or eligibility, unless the contract complies with the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.) and Section 11023 and includes a provision that requires the consumer reporting agency or nongovernmental third party to report to the department, county human services agency, or county consortia when it experiences a security breach and provides the names and identifying information of the people impacted by the breach.SEC. 5.SEC. 6. 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 State Department of Social Services and the State Department of Health Care Services shall implement this act through an all-county letter all-county welfare directors letter or similar instruction from the director of each department issued no later than July 1, 2019. As part of the all-county letter all-county welfare directors letter or similar instruction, the department, departments, in consultation with client and patient advocates, representatives of county human services agencies, and representatives of county eligibility workers, shall provide guidance to counties for electronic delivery of notices of actions and other communications to the applicant or recipient by computer-generated text message.SEC. 6.SEC. 7. No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act. SEC. 7.SEC. 8. 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.
Amended IN Assembly March 14, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1957Introduced by Assembly Member BermanJanuary 30, 2018 An act to add Sections 11023.6 and 11023.7 11023.6, 11023.7, and 11023.8 to the Welfare and Institutions Code, relating to public social services. LEGISLATIVE COUNSEL'S DIGESTAB 1957, as amended, Berman. Social Services Modernization, Efficiency, and Due Process Protection Act of 2018.Existing law provides for various public social services programs for purposes of providing on behalf of the general public, and within the limits of public resources, reasonable support and maintenance for needy and dependent families and persons, including, among others, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals, and CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. county, and the Medi-Cal program, under which qualified low-income individuals receive health care services.This bill, to extent permitted by federal law, guidance, or waiver, would authorize applicants for and recipients of public social services to, at any time, affirmatively choose to receive permit communications and notices of action either electronically only, to be sent via the United States Postal Service only, or or, within the capacity of the county, either electronically only or both electronically and via the United States Postal Service, as specified. The bill would require a record of this request, and of each notice of action and communication sent electronically or otherwise, otherwise to be maintained in the recipients case record. The bill would authorize applicants and recipients to opt out of receiving electronic notice, an applicant or recipient to revoke his or her permission to receive electronic notices of action and communications, and would provide for the privacy and security of an applicants or recipients electronic information, as specified.This bill would prohibit a county from requiring an applicant for or recipient of public social services to provide verification of information provided to the county, unless verification is federally required and necessary to determine current eligibility for services or to compute the amount of aid, and the current information is not already available to the county eligibility worker. The bill would require a county human services agency to maximize the use of electronic means of verifying information required to be verified for any applicant or recipient, except as specified. The bill provides, to the extent permitted by federal law, guidance, or waiver thereof, that information that is verified in any public social services program shall be deemed to be verified for all public human social services programs.The bill would require the department State Department of Social Services and the State Department of Health Care Services to implement these provisions through an all-county letter or similar instruction from the director of those departments no later than July 1, 2019, as specified.By increasing the duties of counties administering public social services programs, the bill would impose a state-mandated local program.Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.This bill would 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly March 14, 2018
Amended IN Assembly March 14, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1957
Introduced by Assembly Member BermanJanuary 30, 2018
Introduced by Assembly Member Berman
January 30, 2018
An act to add Sections 11023.6 and 11023.7 11023.6, 11023.7, and 11023.8 to the Welfare and Institutions Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1957, as amended, Berman. Social Services Modernization, Efficiency, and Due Process Protection Act of 2018.
Existing law provides for various public social services programs for purposes of providing on behalf of the general public, and within the limits of public resources, reasonable support and maintenance for needy and dependent families and persons, including, among others, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals, and CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. county, and the Medi-Cal program, under which qualified low-income individuals receive health care services.This bill, to extent permitted by federal law, guidance, or waiver, would authorize applicants for and recipients of public social services to, at any time, affirmatively choose to receive permit communications and notices of action either electronically only, to be sent via the United States Postal Service only, or or, within the capacity of the county, either electronically only or both electronically and via the United States Postal Service, as specified. The bill would require a record of this request, and of each notice of action and communication sent electronically or otherwise, otherwise to be maintained in the recipients case record. The bill would authorize applicants and recipients to opt out of receiving electronic notice, an applicant or recipient to revoke his or her permission to receive electronic notices of action and communications, and would provide for the privacy and security of an applicants or recipients electronic information, as specified.This bill would prohibit a county from requiring an applicant for or recipient of public social services to provide verification of information provided to the county, unless verification is federally required and necessary to determine current eligibility for services or to compute the amount of aid, and the current information is not already available to the county eligibility worker. The bill would require a county human services agency to maximize the use of electronic means of verifying information required to be verified for any applicant or recipient, except as specified. The bill provides, to the extent permitted by federal law, guidance, or waiver thereof, that information that is verified in any public social services program shall be deemed to be verified for all public human social services programs.The bill would require the department State Department of Social Services and the State Department of Health Care Services to implement these provisions through an all-county letter or similar instruction from the director of those departments no later than July 1, 2019, as specified.By increasing the duties of counties administering public social services programs, the bill would impose a state-mandated local program.Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.This bill would 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 the statutory provisions noted above.
Existing law provides for various public social services programs for purposes of providing on behalf of the general public, and within the limits of public resources, reasonable support and maintenance for needy and dependent families and persons, including, among others, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals, and CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. county, and the Medi-Cal program, under which qualified low-income individuals receive health care services.
This bill, to extent permitted by federal law, guidance, or waiver, would authorize applicants for and recipients of public social services to, at any time, affirmatively choose to receive permit communications and notices of action either electronically only, to be sent via the United States Postal Service only, or or, within the capacity of the county, either electronically only or both electronically and via the United States Postal Service, as specified. The bill would require a record of this request, and of each notice of action and communication sent electronically or otherwise, otherwise to be maintained in the recipients case record. The bill would authorize applicants and recipients to opt out of receiving electronic notice, an applicant or recipient to revoke his or her permission to receive electronic notices of action and communications, and would provide for the privacy and security of an applicants or recipients electronic information, as specified.
This bill would prohibit a county from requiring an applicant for or recipient of public social services to provide verification of information provided to the county, unless verification is federally required and necessary to determine current eligibility for services or to compute the amount of aid, and the current information is not already available to the county eligibility worker. The bill would require a county human services agency to maximize the use of electronic means of verifying information required to be verified for any applicant or recipient, except as specified. The bill provides, to the extent permitted by federal law, guidance, or waiver thereof, that information that is verified in any public social services program shall be deemed to be verified for all public human social services programs.
The bill would require the department State Department of Social Services and the State Department of Health Care Services to implement these provisions through an all-county letter or similar instruction from the director of those departments no later than July 1, 2019, as specified.
By increasing the duties of counties administering public social services programs, the bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would 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 the statutory provisions noted above.
## Digest Key
## Bill Text
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, Efficiency & Efficiency, and Due Process Protection Act of 2018.SEC. 2. The Legislature finds and declares all of the following:(a) CalFresh is our states most important defense against hunger, and CalWORKs is needed to prevent homelessness and basic needs deprivation among our states poorest families with children.(b) While low-income consumers struggle to secure and maintain regular access to telephone and internet Internet service, especially in rural communities, making forms and notices for social safety net programs available electronically or telephonically can benefit a significant portion of applicants and recipients. (c) The State Department of Social Services and county human services agencies in the state have been leaders in increasing access to applications, forms, and notices of actions electronically and telephonically, which has increased efficiency for county workers and improved outcomes for applicants and recipients.(d) Modernization of state law is needed to reflect these recent changes in practice and to protect the due process and privacy of all applicants and recipients as the use of technology continues to advance in the delivery of social safety net services.SEC. 3. Section 11023.6 is added to the Welfare and Institutions Code, to read:11023.6. (a) (1) Applicants for and recipients of public social services provided under this division may, at any time, affirmatively choose to receive permit communications and notices of action either electronically only, to be sent via the United States Postal Service only, or or, within the capacity of the county, either electronically only or both electronically and via the United States Postal Service, as provided by this section. The application for public social services, the semiannual reporting forms, and the annual recertification forms shall provide applicants and recipients with these options. (2) For the purposes of this section, electronically means a communication made by email, interactive voice response, or via online server, but does not include computer-generated text messages, the regulation of which is as prescribed in Section 11023.7. (3) The State Department of Social Services and State Department of Health Care Services shall ensure that applications for public social services benefits, semiannual reporting forms, and annual recertification forms shall notify the applicant or recipient of both of the following: (A) An applicant or recipient providing a phone number or email address implies permission to be contacted by phone or email. (B) The applicant or recipient has a right to revoke the permission specified in subparagraph (A) and how to revoke the permission. (2)A notice of action or any other form of communication shall not be sent electronically unless that method of communicating has been affirmatively requested in writing by the applicant or recipient. A(4) A record of the request required by this paragraph, and of each notice of action and communication sent electronically or otherwise, otherwise shall be maintained in the recipients case record.(3)An applicant or recipient may, in writing, in person, by telephone, by electronic mail, or online if there is an online option available, opt out of receiving electronic notices of action and communications. A request to opt out shall be processed within 24 hours of receipt. If a county is aware that an applicant or recipient is a victim of domestic abuse, and the county receives a request to terminate electronic notices of action and communications from the applicant or recipient, the county shall immediately, within one hour, cease all electronic communication with the applicant or recipient until and unless the applicant or recipient requests to receive electronic notices of action and communications again.(5) An applicant or recipient may revoke his or her permission to receive electronic notices of action and communications in any form of communication available, including, but not limited to, in writing, in person, by telephone, by electronic mail, or online. A request to revoke permission shall be processed as expeditiously as possible, but no later than 72 hours after the receipt of the request. A written receipt confirming the cancellation of electronic communication shall be mailed. If a county receives a request to terminate electronic notices of action and communications from an applicant or recipient and the applicant or recipient states that this request is being made because of domestic abuse, the county shall immediately, within 24 hours, cease all electronic communication with the applicant or recipient until and unless the applicant or recipient requests to receive electronic notices of action and communications again.(4)(6) Notices of action that are sent electronically shall be sent via a secured server. A notice of action shall not be sent as an electronic mail attachment. For all notices of action sent, the county human services agency shall have the ability to be informed when the applicant or recipient has opened or downloaded the notice of action, and if the applicant or recipient has provided permission to receive electronic communication only, shall send notices the notice of action via the United States Postal Service if the applicant or recipient has not opened or downloaded the notice of action or there is no proof that a notice of action sent electronically was received and opened within seven days of having been sent.(5)(7) Notwithstanding any other provision of this section, 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 also be sent via the United States Postal Service in addition to being sent electronically.(6)A county human services agency employee shall not have any electronic communications with an applicant or recipient through the employees private email or phone. (7)(8) Every effort shall be made to maintain the privacy and security of applicant or recipient information at all times.(8)(9) Notices of action and communications that are sent electronically and data storage shall comply with state security standards, which shall be posted on the departments Internet Web site and on all online applications.(b) Under no circumstances shall data that is available electronically which and 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.(c)For the purposes of this section, electronically, refers to communication made by email, computer-generated text message, interactive voice response, or via online server.(c) An applicant or recipient shall have the opportunity to review and make corrections to his or her contact information and communication preferences periodically in the semiannual report form or annual recertification form.(d) This section shall only apply to the extent permitted by federal law, guidance, or waiver thereof.SEC. 4. Section 11023.7 is added to the Welfare and Institutions Code, to read:11023.7. (a) (1) If it is within the capacity of the county, a county may communicate with an applicant or recipient via computer-generated text message. All communications and notices of actions sent via computer-generated text message shall comply with Section 227 of Title 47 of the United States Code.(2) Communications sent via computer-generated text message shall not include case-identifying information nor both the first and last name of the applicant or recipient. Communications sent via computer-generated text message pursuant to this section may only do so via a link to a secure online portal where the applicant or recipient can access the notice of action after securely logging in.(3) The county shall notify the applicant or recipient that his or her first or last name, but not both, may appear in the computer-generated text message. This notification shall take place at the time the applicant or recipient provides permission to receive computer-generated text messages regarding his or her case.SEC. 4.SEC. 5. Section 11023.7 11023.8 is added to the Welfare and Institutions Code, to read:11023.7.11023.8. (a) A Notwithstanding any other law, a county shall not require an applicant for or recipient of public social services provided under this division to provide verification of information provided to the county, unless verification is federally required and necessary to determine current eligibility for services or to compute the amount of aid, and the current information is not already available to the county eligibility worker.(b) A county human services agency shall maximize the use of electronic means of verifying information required to be verified for any applicant or recipient, except for information that federal law permits to be verified through self-attestation statement of the applicant or recipient. A county human services agency shall not request verification that is available electronically to the county human services agency. agency and that is assessed by the county to be current and accurate.(c) To the extent permitted by federal law, guidance, or waiver thereof, information that is verified in any public social services program shall be deemed to be verified for all public human social services programs.(d) An applicant or recipient 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. corrections if that information has led to a denial of eligibility or a reduction in benefits.(e) (1) In order to ensure privacy and accuracy, unless explicitly permitted by federal or state law, privately maintained databases shall not be used for verification purposes in any public social services program under this division.(2) The requirements for the use of information contained in a consumer credit report for the determination of CalFresh or CalWORKs eligibility or benefit level is prescribed in Section 11023.(f) To ensure the accuracy of information used in public social services program eligibility decisions, the department, county human services agencies, and county consortia shall not contract with a consumer reporting agency or nongovernmental third party for any service related to verification or eligibility, unless the contract complies with the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.) and Section 11023 and includes a provision that requires the consumer reporting agency or nongovernmental third party to report to the department, county human services agency, or county consortia when it experiences a security breach and provides the names and identifying information of the people impacted by the breach.SEC. 5.SEC. 6. 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 State Department of Social Services and the State Department of Health Care Services shall implement this act through an all-county letter all-county welfare directors letter or similar instruction from the director of each department issued no later than July 1, 2019. As part of the all-county letter all-county welfare directors letter or similar instruction, the department, departments, in consultation with client and patient advocates, representatives of county human services agencies, and representatives of county eligibility workers, shall provide guidance to counties for electronic delivery of notices of actions and other communications to the applicant or recipient by computer-generated text message.SEC. 6.SEC. 7. No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act. SEC. 7.SEC. 8. 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.
The people of the State of California do enact as follows:
## 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, Efficiency & Efficiency, and Due Process Protection Act of 2018.
SECTION 1. This act shall be known, and may be cited, as the Social Services Modernization, Efficiency & Efficiency, and Due Process Protection Act of 2018.
SECTION 1. This act shall be known, and may be cited, as the Social Services Modernization, Efficiency & Efficiency, and Due Process Protection Act of 2018.
### SECTION 1.
SEC. 2. The Legislature finds and declares all of the following:(a) CalFresh is our states most important defense against hunger, and CalWORKs is needed to prevent homelessness and basic needs deprivation among our states poorest families with children.(b) While low-income consumers struggle to secure and maintain regular access to telephone and internet Internet service, especially in rural communities, making forms and notices for social safety net programs available electronically or telephonically can benefit a significant portion of applicants and recipients. (c) The State Department of Social Services and county human services agencies in the state have been leaders in increasing access to applications, forms, and notices of actions electronically and telephonically, which has increased efficiency for county workers and improved outcomes for applicants and recipients.(d) Modernization of state law is needed to reflect these recent changes in practice and to protect the due process and privacy of all applicants and recipients as the use of technology continues to advance in the delivery of social safety net services.
SEC. 2. The Legislature finds and declares all of the following:(a) CalFresh is our states most important defense against hunger, and CalWORKs is needed to prevent homelessness and basic needs deprivation among our states poorest families with children.(b) While low-income consumers struggle to secure and maintain regular access to telephone and internet Internet service, especially in rural communities, making forms and notices for social safety net programs available electronically or telephonically can benefit a significant portion of applicants and recipients. (c) The State Department of Social Services and county human services agencies in the state have been leaders in increasing access to applications, forms, and notices of actions electronically and telephonically, which has increased efficiency for county workers and improved outcomes for applicants and recipients.(d) Modernization of state law is needed to reflect these recent changes in practice and to protect the due process and privacy of all applicants and recipients as the use of technology continues to advance in the delivery of social safety net services.
SEC. 2. The Legislature finds and declares all of the following:
### SEC. 2.
(a) CalFresh is our states most important defense against hunger, and CalWORKs is needed to prevent homelessness and basic needs deprivation among our states poorest families with children.
(b) While low-income consumers struggle to secure and maintain regular access to telephone and internet Internet service, especially in rural communities, making forms and notices for social safety net programs available electronically or telephonically can benefit a significant portion of applicants and recipients.
(c) The State Department of Social Services and county human services agencies in the state have been leaders in increasing access to applications, forms, and notices of actions electronically and telephonically, which has increased efficiency for county workers and improved outcomes for applicants and recipients.
(d) Modernization of state law is needed to reflect these recent changes in practice and to protect the due process and privacy of all applicants and recipients as the use of technology continues to advance in the delivery of social safety net services.
SEC. 3. Section 11023.6 is added to the Welfare and Institutions Code, to read:11023.6. (a) (1) Applicants for and recipients of public social services provided under this division may, at any time, affirmatively choose to receive permit communications and notices of action either electronically only, to be sent via the United States Postal Service only, or or, within the capacity of the county, either electronically only or both electronically and via the United States Postal Service, as provided by this section. The application for public social services, the semiannual reporting forms, and the annual recertification forms shall provide applicants and recipients with these options. (2) For the purposes of this section, electronically means a communication made by email, interactive voice response, or via online server, but does not include computer-generated text messages, the regulation of which is as prescribed in Section 11023.7. (3) The State Department of Social Services and State Department of Health Care Services shall ensure that applications for public social services benefits, semiannual reporting forms, and annual recertification forms shall notify the applicant or recipient of both of the following: (A) An applicant or recipient providing a phone number or email address implies permission to be contacted by phone or email. (B) The applicant or recipient has a right to revoke the permission specified in subparagraph (A) and how to revoke the permission. (2)A notice of action or any other form of communication shall not be sent electronically unless that method of communicating has been affirmatively requested in writing by the applicant or recipient. A(4) A record of the request required by this paragraph, and of each notice of action and communication sent electronically or otherwise, otherwise shall be maintained in the recipients case record.(3)An applicant or recipient may, in writing, in person, by telephone, by electronic mail, or online if there is an online option available, opt out of receiving electronic notices of action and communications. A request to opt out shall be processed within 24 hours of receipt. If a county is aware that an applicant or recipient is a victim of domestic abuse, and the county receives a request to terminate electronic notices of action and communications from the applicant or recipient, the county shall immediately, within one hour, cease all electronic communication with the applicant or recipient until and unless the applicant or recipient requests to receive electronic notices of action and communications again.(5) An applicant or recipient may revoke his or her permission to receive electronic notices of action and communications in any form of communication available, including, but not limited to, in writing, in person, by telephone, by electronic mail, or online. A request to revoke permission shall be processed as expeditiously as possible, but no later than 72 hours after the receipt of the request. A written receipt confirming the cancellation of electronic communication shall be mailed. If a county receives a request to terminate electronic notices of action and communications from an applicant or recipient and the applicant or recipient states that this request is being made because of domestic abuse, the county shall immediately, within 24 hours, cease all electronic communication with the applicant or recipient until and unless the applicant or recipient requests to receive electronic notices of action and communications again.(4)(6) Notices of action that are sent electronically shall be sent via a secured server. A notice of action shall not be sent as an electronic mail attachment. For all notices of action sent, the county human services agency shall have the ability to be informed when the applicant or recipient has opened or downloaded the notice of action, and if the applicant or recipient has provided permission to receive electronic communication only, shall send notices the notice of action via the United States Postal Service if the applicant or recipient has not opened or downloaded the notice of action or there is no proof that a notice of action sent electronically was received and opened within seven days of having been sent.(5)(7) Notwithstanding any other provision of this section, 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 also be sent via the United States Postal Service in addition to being sent electronically.(6)A county human services agency employee shall not have any electronic communications with an applicant or recipient through the employees private email or phone. (7)(8) Every effort shall be made to maintain the privacy and security of applicant or recipient information at all times.(8)(9) Notices of action and communications that are sent electronically and data storage shall comply with state security standards, which shall be posted on the departments Internet Web site and on all online applications.(b) Under no circumstances shall data that is available electronically which and 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.(c)For the purposes of this section, electronically, refers to communication made by email, computer-generated text message, interactive voice response, or via online server.(c) An applicant or recipient shall have the opportunity to review and make corrections to his or her contact information and communication preferences periodically in the semiannual report form or annual recertification form.(d) This section shall only apply to the extent permitted by federal law, guidance, or waiver thereof.
SEC. 3. Section 11023.6 is added to the Welfare and Institutions Code, to read:
### SEC. 3.
11023.6. (a) (1) Applicants for and recipients of public social services provided under this division may, at any time, affirmatively choose to receive permit communications and notices of action either electronically only, to be sent via the United States Postal Service only, or or, within the capacity of the county, either electronically only or both electronically and via the United States Postal Service, as provided by this section. The application for public social services, the semiannual reporting forms, and the annual recertification forms shall provide applicants and recipients with these options. (2) For the purposes of this section, electronically means a communication made by email, interactive voice response, or via online server, but does not include computer-generated text messages, the regulation of which is as prescribed in Section 11023.7. (3) The State Department of Social Services and State Department of Health Care Services shall ensure that applications for public social services benefits, semiannual reporting forms, and annual recertification forms shall notify the applicant or recipient of both of the following: (A) An applicant or recipient providing a phone number or email address implies permission to be contacted by phone or email. (B) The applicant or recipient has a right to revoke the permission specified in subparagraph (A) and how to revoke the permission. (2)A notice of action or any other form of communication shall not be sent electronically unless that method of communicating has been affirmatively requested in writing by the applicant or recipient. A(4) A record of the request required by this paragraph, and of each notice of action and communication sent electronically or otherwise, otherwise shall be maintained in the recipients case record.(3)An applicant or recipient may, in writing, in person, by telephone, by electronic mail, or online if there is an online option available, opt out of receiving electronic notices of action and communications. A request to opt out shall be processed within 24 hours of receipt. If a county is aware that an applicant or recipient is a victim of domestic abuse, and the county receives a request to terminate electronic notices of action and communications from the applicant or recipient, the county shall immediately, within one hour, cease all electronic communication with the applicant or recipient until and unless the applicant or recipient requests to receive electronic notices of action and communications again.(5) An applicant or recipient may revoke his or her permission to receive electronic notices of action and communications in any form of communication available, including, but not limited to, in writing, in person, by telephone, by electronic mail, or online. A request to revoke permission shall be processed as expeditiously as possible, but no later than 72 hours after the receipt of the request. A written receipt confirming the cancellation of electronic communication shall be mailed. If a county receives a request to terminate electronic notices of action and communications from an applicant or recipient and the applicant or recipient states that this request is being made because of domestic abuse, the county shall immediately, within 24 hours, cease all electronic communication with the applicant or recipient until and unless the applicant or recipient requests to receive electronic notices of action and communications again.(4)(6) Notices of action that are sent electronically shall be sent via a secured server. A notice of action shall not be sent as an electronic mail attachment. For all notices of action sent, the county human services agency shall have the ability to be informed when the applicant or recipient has opened or downloaded the notice of action, and if the applicant or recipient has provided permission to receive electronic communication only, shall send notices the notice of action via the United States Postal Service if the applicant or recipient has not opened or downloaded the notice of action or there is no proof that a notice of action sent electronically was received and opened within seven days of having been sent.(5)(7) Notwithstanding any other provision of this section, 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 also be sent via the United States Postal Service in addition to being sent electronically.(6)A county human services agency employee shall not have any electronic communications with an applicant or recipient through the employees private email or phone. (7)(8) Every effort shall be made to maintain the privacy and security of applicant or recipient information at all times.(8)(9) Notices of action and communications that are sent electronically and data storage shall comply with state security standards, which shall be posted on the departments Internet Web site and on all online applications.(b) Under no circumstances shall data that is available electronically which and 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.(c)For the purposes of this section, electronically, refers to communication made by email, computer-generated text message, interactive voice response, or via online server.(c) An applicant or recipient shall have the opportunity to review and make corrections to his or her contact information and communication preferences periodically in the semiannual report form or annual recertification form.(d) This section shall only apply to the extent permitted by federal law, guidance, or waiver thereof.
11023.6. (a) (1) Applicants for and recipients of public social services provided under this division may, at any time, affirmatively choose to receive permit communications and notices of action either electronically only, to be sent via the United States Postal Service only, or or, within the capacity of the county, either electronically only or both electronically and via the United States Postal Service, as provided by this section. The application for public social services, the semiannual reporting forms, and the annual recertification forms shall provide applicants and recipients with these options. (2) For the purposes of this section, electronically means a communication made by email, interactive voice response, or via online server, but does not include computer-generated text messages, the regulation of which is as prescribed in Section 11023.7. (3) The State Department of Social Services and State Department of Health Care Services shall ensure that applications for public social services benefits, semiannual reporting forms, and annual recertification forms shall notify the applicant or recipient of both of the following: (A) An applicant or recipient providing a phone number or email address implies permission to be contacted by phone or email. (B) The applicant or recipient has a right to revoke the permission specified in subparagraph (A) and how to revoke the permission. (2)A notice of action or any other form of communication shall not be sent electronically unless that method of communicating has been affirmatively requested in writing by the applicant or recipient. A(4) A record of the request required by this paragraph, and of each notice of action and communication sent electronically or otherwise, otherwise shall be maintained in the recipients case record.(3)An applicant or recipient may, in writing, in person, by telephone, by electronic mail, or online if there is an online option available, opt out of receiving electronic notices of action and communications. A request to opt out shall be processed within 24 hours of receipt. If a county is aware that an applicant or recipient is a victim of domestic abuse, and the county receives a request to terminate electronic notices of action and communications from the applicant or recipient, the county shall immediately, within one hour, cease all electronic communication with the applicant or recipient until and unless the applicant or recipient requests to receive electronic notices of action and communications again.(5) An applicant or recipient may revoke his or her permission to receive electronic notices of action and communications in any form of communication available, including, but not limited to, in writing, in person, by telephone, by electronic mail, or online. A request to revoke permission shall be processed as expeditiously as possible, but no later than 72 hours after the receipt of the request. A written receipt confirming the cancellation of electronic communication shall be mailed. If a county receives a request to terminate electronic notices of action and communications from an applicant or recipient and the applicant or recipient states that this request is being made because of domestic abuse, the county shall immediately, within 24 hours, cease all electronic communication with the applicant or recipient until and unless the applicant or recipient requests to receive electronic notices of action and communications again.(4)(6) Notices of action that are sent electronically shall be sent via a secured server. A notice of action shall not be sent as an electronic mail attachment. For all notices of action sent, the county human services agency shall have the ability to be informed when the applicant or recipient has opened or downloaded the notice of action, and if the applicant or recipient has provided permission to receive electronic communication only, shall send notices the notice of action via the United States Postal Service if the applicant or recipient has not opened or downloaded the notice of action or there is no proof that a notice of action sent electronically was received and opened within seven days of having been sent.(5)(7) Notwithstanding any other provision of this section, 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 also be sent via the United States Postal Service in addition to being sent electronically.(6)A county human services agency employee shall not have any electronic communications with an applicant or recipient through the employees private email or phone. (7)(8) Every effort shall be made to maintain the privacy and security of applicant or recipient information at all times.(8)(9) Notices of action and communications that are sent electronically and data storage shall comply with state security standards, which shall be posted on the departments Internet Web site and on all online applications.(b) Under no circumstances shall data that is available electronically which and 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.(c)For the purposes of this section, electronically, refers to communication made by email, computer-generated text message, interactive voice response, or via online server.(c) An applicant or recipient shall have the opportunity to review and make corrections to his or her contact information and communication preferences periodically in the semiannual report form or annual recertification form.(d) This section shall only apply to the extent permitted by federal law, guidance, or waiver thereof.
11023.6. (a) (1) Applicants for and recipients of public social services provided under this division may, at any time, affirmatively choose to receive permit communications and notices of action either electronically only, to be sent via the United States Postal Service only, or or, within the capacity of the county, either electronically only or both electronically and via the United States Postal Service, as provided by this section. The application for public social services, the semiannual reporting forms, and the annual recertification forms shall provide applicants and recipients with these options. (2) For the purposes of this section, electronically means a communication made by email, interactive voice response, or via online server, but does not include computer-generated text messages, the regulation of which is as prescribed in Section 11023.7. (3) The State Department of Social Services and State Department of Health Care Services shall ensure that applications for public social services benefits, semiannual reporting forms, and annual recertification forms shall notify the applicant or recipient of both of the following: (A) An applicant or recipient providing a phone number or email address implies permission to be contacted by phone or email. (B) The applicant or recipient has a right to revoke the permission specified in subparagraph (A) and how to revoke the permission. (2)A notice of action or any other form of communication shall not be sent electronically unless that method of communicating has been affirmatively requested in writing by the applicant or recipient. A(4) A record of the request required by this paragraph, and of each notice of action and communication sent electronically or otherwise, otherwise shall be maintained in the recipients case record.(3)An applicant or recipient may, in writing, in person, by telephone, by electronic mail, or online if there is an online option available, opt out of receiving electronic notices of action and communications. A request to opt out shall be processed within 24 hours of receipt. If a county is aware that an applicant or recipient is a victim of domestic abuse, and the county receives a request to terminate electronic notices of action and communications from the applicant or recipient, the county shall immediately, within one hour, cease all electronic communication with the applicant or recipient until and unless the applicant or recipient requests to receive electronic notices of action and communications again.(5) An applicant or recipient may revoke his or her permission to receive electronic notices of action and communications in any form of communication available, including, but not limited to, in writing, in person, by telephone, by electronic mail, or online. A request to revoke permission shall be processed as expeditiously as possible, but no later than 72 hours after the receipt of the request. A written receipt confirming the cancellation of electronic communication shall be mailed. If a county receives a request to terminate electronic notices of action and communications from an applicant or recipient and the applicant or recipient states that this request is being made because of domestic abuse, the county shall immediately, within 24 hours, cease all electronic communication with the applicant or recipient until and unless the applicant or recipient requests to receive electronic notices of action and communications again.(4)(6) Notices of action that are sent electronically shall be sent via a secured server. A notice of action shall not be sent as an electronic mail attachment. For all notices of action sent, the county human services agency shall have the ability to be informed when the applicant or recipient has opened or downloaded the notice of action, and if the applicant or recipient has provided permission to receive electronic communication only, shall send notices the notice of action via the United States Postal Service if the applicant or recipient has not opened or downloaded the notice of action or there is no proof that a notice of action sent electronically was received and opened within seven days of having been sent.(5)(7) Notwithstanding any other provision of this section, 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 also be sent via the United States Postal Service in addition to being sent electronically.(6)A county human services agency employee shall not have any electronic communications with an applicant or recipient through the employees private email or phone. (7)(8) Every effort shall be made to maintain the privacy and security of applicant or recipient information at all times.(8)(9) Notices of action and communications that are sent electronically and data storage shall comply with state security standards, which shall be posted on the departments Internet Web site and on all online applications.(b) Under no circumstances shall data that is available electronically which and 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.(c)For the purposes of this section, electronically, refers to communication made by email, computer-generated text message, interactive voice response, or via online server.(c) An applicant or recipient shall have the opportunity to review and make corrections to his or her contact information and communication preferences periodically in the semiannual report form or annual recertification form.(d) This section shall only apply to the extent permitted by federal law, guidance, or waiver thereof.
11023.6. (a) (1) Applicants for and recipients of public social services provided under this division may, at any time, affirmatively choose to receive permit communications and notices of action either electronically only, to be sent via the United States Postal Service only, or or, within the capacity of the county, either electronically only or both electronically and via the United States Postal Service, as provided by this section. The application for public social services, the semiannual reporting forms, and the annual recertification forms shall provide applicants and recipients with these options.
(2) For the purposes of this section, electronically means a communication made by email, interactive voice response, or via online server, but does not include computer-generated text messages, the regulation of which is as prescribed in Section 11023.7.
(3) The State Department of Social Services and State Department of Health Care Services shall ensure that applications for public social services benefits, semiannual reporting forms, and annual recertification forms shall notify the applicant or recipient of both of the following:
(A) An applicant or recipient providing a phone number or email address implies permission to be contacted by phone or email.
(B) The applicant or recipient has a right to revoke the permission specified in subparagraph (A) and how to revoke the permission.
(2)A notice of action or any other form of communication shall not be sent electronically unless that method of communicating has been affirmatively requested in writing by the applicant or recipient. A
(4) A record of the request required by this paragraph, and of each notice of action and communication sent electronically or otherwise, otherwise shall be maintained in the recipients case record.
(3)An applicant or recipient may, in writing, in person, by telephone, by electronic mail, or online if there is an online option available, opt out of receiving electronic notices of action and communications. A request to opt out shall be processed within 24 hours of receipt. If a county is aware that an applicant or recipient is a victim of domestic abuse, and the county receives a request to terminate electronic notices of action and communications from the applicant or recipient, the county shall immediately, within one hour, cease all electronic communication with the applicant or recipient until and unless the applicant or recipient requests to receive electronic notices of action and communications again.
(5) An applicant or recipient may revoke his or her permission to receive electronic notices of action and communications in any form of communication available, including, but not limited to, in writing, in person, by telephone, by electronic mail, or online. A request to revoke permission shall be processed as expeditiously as possible, but no later than 72 hours after the receipt of the request. A written receipt confirming the cancellation of electronic communication shall be mailed. If a county receives a request to terminate electronic notices of action and communications from an applicant or recipient and the applicant or recipient states that this request is being made because of domestic abuse, the county shall immediately, within 24 hours, cease all electronic communication with the applicant or recipient until and unless the applicant or recipient requests to receive electronic notices of action and communications again.
(4)
(6) Notices of action that are sent electronically shall be sent via a secured server. A notice of action shall not be sent as an electronic mail attachment. For all notices of action sent, the county human services agency shall have the ability to be informed when the applicant or recipient has opened or downloaded the notice of action, and if the applicant or recipient has provided permission to receive electronic communication only, shall send notices the notice of action via the United States Postal Service if the applicant or recipient has not opened or downloaded the notice of action or there is no proof that a notice of action sent electronically was received and opened within seven days of having been sent.
(5)
(7) Notwithstanding any other provision of this section, 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 also be sent via the United States Postal Service in addition to being sent electronically.
(6)A county human services agency employee shall not have any electronic communications with an applicant or recipient through the employees private email or phone.
(7)
(8) Every effort shall be made to maintain the privacy and security of applicant or recipient information at all times.
(8)
(9) Notices of action and communications that are sent electronically and data storage shall comply with state security standards, which shall be posted on the departments Internet Web site and on all online applications.
(b) Under no circumstances shall data that is available electronically which and 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.
(c)For the purposes of this section, electronically, refers to communication made by email, computer-generated text message, interactive voice response, or via online server.
(c) An applicant or recipient shall have the opportunity to review and make corrections to his or her contact information and communication preferences periodically in the semiannual report form or annual recertification form.
(d) This section shall only apply to the extent permitted by federal law, guidance, or waiver thereof.
SEC. 4. Section 11023.7 is added to the Welfare and Institutions Code, to read:11023.7. (a) (1) If it is within the capacity of the county, a county may communicate with an applicant or recipient via computer-generated text message. All communications and notices of actions sent via computer-generated text message shall comply with Section 227 of Title 47 of the United States Code.(2) Communications sent via computer-generated text message shall not include case-identifying information nor both the first and last name of the applicant or recipient. Communications sent via computer-generated text message pursuant to this section may only do so via a link to a secure online portal where the applicant or recipient can access the notice of action after securely logging in.(3) The county shall notify the applicant or recipient that his or her first or last name, but not both, may appear in the computer-generated text message. This notification shall take place at the time the applicant or recipient provides permission to receive computer-generated text messages regarding his or her case.
SEC. 4. Section 11023.7 is added to the Welfare and Institutions Code, to read:
### SEC. 4.
11023.7. (a) (1) If it is within the capacity of the county, a county may communicate with an applicant or recipient via computer-generated text message. All communications and notices of actions sent via computer-generated text message shall comply with Section 227 of Title 47 of the United States Code.(2) Communications sent via computer-generated text message shall not include case-identifying information nor both the first and last name of the applicant or recipient. Communications sent via computer-generated text message pursuant to this section may only do so via a link to a secure online portal where the applicant or recipient can access the notice of action after securely logging in.(3) The county shall notify the applicant or recipient that his or her first or last name, but not both, may appear in the computer-generated text message. This notification shall take place at the time the applicant or recipient provides permission to receive computer-generated text messages regarding his or her case.
11023.7. (a) (1) If it is within the capacity of the county, a county may communicate with an applicant or recipient via computer-generated text message. All communications and notices of actions sent via computer-generated text message shall comply with Section 227 of Title 47 of the United States Code.(2) Communications sent via computer-generated text message shall not include case-identifying information nor both the first and last name of the applicant or recipient. Communications sent via computer-generated text message pursuant to this section may only do so via a link to a secure online portal where the applicant or recipient can access the notice of action after securely logging in.(3) The county shall notify the applicant or recipient that his or her first or last name, but not both, may appear in the computer-generated text message. This notification shall take place at the time the applicant or recipient provides permission to receive computer-generated text messages regarding his or her case.
11023.7. (a) (1) If it is within the capacity of the county, a county may communicate with an applicant or recipient via computer-generated text message. All communications and notices of actions sent via computer-generated text message shall comply with Section 227 of Title 47 of the United States Code.(2) Communications sent via computer-generated text message shall not include case-identifying information nor both the first and last name of the applicant or recipient. Communications sent via computer-generated text message pursuant to this section may only do so via a link to a secure online portal where the applicant or recipient can access the notice of action after securely logging in.(3) The county shall notify the applicant or recipient that his or her first or last name, but not both, may appear in the computer-generated text message. This notification shall take place at the time the applicant or recipient provides permission to receive computer-generated text messages regarding his or her case.
11023.7. (a) (1) If it is within the capacity of the county, a county may communicate with an applicant or recipient via computer-generated text message. All communications and notices of actions sent via computer-generated text message shall comply with Section 227 of Title 47 of the United States Code.
(2) Communications sent via computer-generated text message shall not include case-identifying information nor both the first and last name of the applicant or recipient. Communications sent via computer-generated text message pursuant to this section may only do so via a link to a secure online portal where the applicant or recipient can access the notice of action after securely logging in.
(3) The county shall notify the applicant or recipient that his or her first or last name, but not both, may appear in the computer-generated text message. This notification shall take place at the time the applicant or recipient provides permission to receive computer-generated text messages regarding his or her case.
SEC. 4.SEC. 5. Section 11023.7 11023.8 is added to the Welfare and Institutions Code, to read:11023.7.11023.8. (a) A Notwithstanding any other law, a county shall not require an applicant for or recipient of public social services provided under this division to provide verification of information provided to the county, unless verification is federally required and necessary to determine current eligibility for services or to compute the amount of aid, and the current information is not already available to the county eligibility worker.(b) A county human services agency shall maximize the use of electronic means of verifying information required to be verified for any applicant or recipient, except for information that federal law permits to be verified through self-attestation statement of the applicant or recipient. A county human services agency shall not request verification that is available electronically to the county human services agency. agency and that is assessed by the county to be current and accurate.(c) To the extent permitted by federal law, guidance, or waiver thereof, information that is verified in any public social services program shall be deemed to be verified for all public human social services programs.(d) An applicant or recipient 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. corrections if that information has led to a denial of eligibility or a reduction in benefits.(e) (1) In order to ensure privacy and accuracy, unless explicitly permitted by federal or state law, privately maintained databases shall not be used for verification purposes in any public social services program under this division.(2) The requirements for the use of information contained in a consumer credit report for the determination of CalFresh or CalWORKs eligibility or benefit level is prescribed in Section 11023.(f) To ensure the accuracy of information used in public social services program eligibility decisions, the department, county human services agencies, and county consortia shall not contract with a consumer reporting agency or nongovernmental third party for any service related to verification or eligibility, unless the contract complies with the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.) and Section 11023 and includes a provision that requires the consumer reporting agency or nongovernmental third party to report to the department, county human services agency, or county consortia when it experiences a security breach and provides the names and identifying information of the people impacted by the breach.
SEC. 4.SEC. 5. Section 11023.7 11023.8 is added to the Welfare and Institutions Code, to read:
### SEC. 4.SEC. 5.
11023.7.11023.8. (a) A Notwithstanding any other law, a county shall not require an applicant for or recipient of public social services provided under this division to provide verification of information provided to the county, unless verification is federally required and necessary to determine current eligibility for services or to compute the amount of aid, and the current information is not already available to the county eligibility worker.(b) A county human services agency shall maximize the use of electronic means of verifying information required to be verified for any applicant or recipient, except for information that federal law permits to be verified through self-attestation statement of the applicant or recipient. A county human services agency shall not request verification that is available electronically to the county human services agency. agency and that is assessed by the county to be current and accurate.(c) To the extent permitted by federal law, guidance, or waiver thereof, information that is verified in any public social services program shall be deemed to be verified for all public human social services programs.(d) An applicant or recipient 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. corrections if that information has led to a denial of eligibility or a reduction in benefits.(e) (1) In order to ensure privacy and accuracy, unless explicitly permitted by federal or state law, privately maintained databases shall not be used for verification purposes in any public social services program under this division.(2) The requirements for the use of information contained in a consumer credit report for the determination of CalFresh or CalWORKs eligibility or benefit level is prescribed in Section 11023.(f) To ensure the accuracy of information used in public social services program eligibility decisions, the department, county human services agencies, and county consortia shall not contract with a consumer reporting agency or nongovernmental third party for any service related to verification or eligibility, unless the contract complies with the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.) and Section 11023 and includes a provision that requires the consumer reporting agency or nongovernmental third party to report to the department, county human services agency, or county consortia when it experiences a security breach and provides the names and identifying information of the people impacted by the breach.
11023.7.11023.8. (a) A Notwithstanding any other law, a county shall not require an applicant for or recipient of public social services provided under this division to provide verification of information provided to the county, unless verification is federally required and necessary to determine current eligibility for services or to compute the amount of aid, and the current information is not already available to the county eligibility worker.(b) A county human services agency shall maximize the use of electronic means of verifying information required to be verified for any applicant or recipient, except for information that federal law permits to be verified through self-attestation statement of the applicant or recipient. A county human services agency shall not request verification that is available electronically to the county human services agency. agency and that is assessed by the county to be current and accurate.(c) To the extent permitted by federal law, guidance, or waiver thereof, information that is verified in any public social services program shall be deemed to be verified for all public human social services programs.(d) An applicant or recipient 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. corrections if that information has led to a denial of eligibility or a reduction in benefits.(e) (1) In order to ensure privacy and accuracy, unless explicitly permitted by federal or state law, privately maintained databases shall not be used for verification purposes in any public social services program under this division.(2) The requirements for the use of information contained in a consumer credit report for the determination of CalFresh or CalWORKs eligibility or benefit level is prescribed in Section 11023.(f) To ensure the accuracy of information used in public social services program eligibility decisions, the department, county human services agencies, and county consortia shall not contract with a consumer reporting agency or nongovernmental third party for any service related to verification or eligibility, unless the contract complies with the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.) and Section 11023 and includes a provision that requires the consumer reporting agency or nongovernmental third party to report to the department, county human services agency, or county consortia when it experiences a security breach and provides the names and identifying information of the people impacted by the breach.
11023.7.11023.8. (a) A Notwithstanding any other law, a county shall not require an applicant for or recipient of public social services provided under this division to provide verification of information provided to the county, unless verification is federally required and necessary to determine current eligibility for services or to compute the amount of aid, and the current information is not already available to the county eligibility worker.(b) A county human services agency shall maximize the use of electronic means of verifying information required to be verified for any applicant or recipient, except for information that federal law permits to be verified through self-attestation statement of the applicant or recipient. A county human services agency shall not request verification that is available electronically to the county human services agency. agency and that is assessed by the county to be current and accurate.(c) To the extent permitted by federal law, guidance, or waiver thereof, information that is verified in any public social services program shall be deemed to be verified for all public human social services programs.(d) An applicant or recipient 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. corrections if that information has led to a denial of eligibility or a reduction in benefits.(e) (1) In order to ensure privacy and accuracy, unless explicitly permitted by federal or state law, privately maintained databases shall not be used for verification purposes in any public social services program under this division.(2) The requirements for the use of information contained in a consumer credit report for the determination of CalFresh or CalWORKs eligibility or benefit level is prescribed in Section 11023.(f) To ensure the accuracy of information used in public social services program eligibility decisions, the department, county human services agencies, and county consortia shall not contract with a consumer reporting agency or nongovernmental third party for any service related to verification or eligibility, unless the contract complies with the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.) and Section 11023 and includes a provision that requires the consumer reporting agency or nongovernmental third party to report to the department, county human services agency, or county consortia when it experiences a security breach and provides the names and identifying information of the people impacted by the breach.
11023.7.11023.8. (a) A Notwithstanding any other law, a county shall not require an applicant for or recipient of public social services provided under this division to provide verification of information provided to the county, unless verification is federally required and necessary to determine current eligibility for services or to compute the amount of aid, and the current information is not already available to the county eligibility worker.
(b) A county human services agency shall maximize the use of electronic means of verifying information required to be verified for any applicant or recipient, except for information that federal law permits to be verified through self-attestation statement of the applicant or recipient. A county human services agency shall not request verification that is available electronically to the county human services agency. agency and that is assessed by the county to be current and accurate.
(c) To the extent permitted by federal law, guidance, or waiver thereof, information that is verified in any public social services program shall be deemed to be verified for all public human social services programs.
(d) An applicant or recipient 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. corrections if that information has led to a denial of eligibility or a reduction in benefits.
(e) (1) In order to ensure privacy and accuracy, unless explicitly permitted by federal or state law, privately maintained databases shall not be used for verification purposes in any public social services program under this division.
(2) The requirements for the use of information contained in a consumer credit report for the determination of CalFresh or CalWORKs eligibility or benefit level is prescribed in Section 11023.
(f) To ensure the accuracy of information used in public social services program eligibility decisions, the department, county human services agencies, and county consortia shall not contract with a consumer reporting agency or nongovernmental third party for any service related to verification or eligibility, unless the contract complies with the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.) and Section 11023 and includes a provision that requires the consumer reporting agency or nongovernmental third party to report to the department, county human services agency, or county consortia when it experiences a security breach and provides the names and identifying information of the people impacted by the breach.
SEC. 5.SEC. 6. 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 State Department of Social Services and the State Department of Health Care Services shall implement this act through an all-county letter all-county welfare directors letter or similar instruction from the director of each department issued no later than July 1, 2019. As part of the all-county letter all-county welfare directors letter or similar instruction, the department, departments, in consultation with client and patient advocates, representatives of county human services agencies, and representatives of county eligibility workers, shall provide guidance to counties for electronic delivery of notices of actions and other communications to the applicant or recipient by computer-generated text message.
SEC. 5.SEC. 6. 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 State Department of Social Services and the State Department of Health Care Services shall implement this act through an all-county letter all-county welfare directors letter or similar instruction from the director of each department issued no later than July 1, 2019. As part of the all-county letter all-county welfare directors letter or similar instruction, the department, departments, in consultation with client and patient advocates, representatives of county human services agencies, and representatives of county eligibility workers, shall provide guidance to counties for electronic delivery of notices of actions and other communications to the applicant or recipient by computer-generated text message.
SEC. 5.SEC. 6. 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 State Department of Social Services and the State Department of Health Care Services shall implement this act through an all-county letter all-county welfare directors letter or similar instruction from the director of each department issued no later than July 1, 2019. As part of the all-county letter all-county welfare directors letter or similar instruction, the department, departments, in consultation with client and patient advocates, representatives of county human services agencies, and representatives of county eligibility workers, shall provide guidance to counties for electronic delivery of notices of actions and other communications to the applicant or recipient by computer-generated text message.
### SEC. 5.SEC. 6.
SEC. 6.SEC. 7. No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.
SEC. 6.SEC. 7. No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.
SEC. 6.SEC. 7. No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.
### SEC. 6.SEC. 7.
SEC. 7.SEC. 8. 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.
SEC. 7.SEC. 8. 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.
SEC. 7.SEC. 8. 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.
### SEC. 7.SEC. 8.