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| 1 | + | Amended IN Senate June 29, 2021 Amended IN Assembly April 21, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 402Introduced by Assembly Members Wicks and Petrie-Norris(Principal coauthor: Assembly Member Chiu)(Coauthors: Assembly Members Mayes and Santiago)February 03, 2021 An act to add Article Articles 1.2 (commencing with Section 350) and 1.3 (commencing with Section 360) to Chapter 2 of Part 1 of Division 1 of the Unemployment Insurance Code, relating to unemployment insurance, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGESTAB 402, as amended, Wicks. Office of the Claimant Advocate: Claimants Bill of Rights. Advocate and Stakeholder Advisory Group.Existing law establishes the Employment Development Department, administered by the Director of Employment Development, within the Labor and Workforce Development Agency and sets forth its powers and duties related to the administration of the state unemployment and disability compensation programs. Existing law provides that the expense of the administration of specified provisions relating to unemployment compensation shall be paid out of the Unemployment Administration Fund, which is a continuously appropriated fund, except as provided.This bill would establish the Office of the Claimant Advocate, within the Employment Development Department, and would make the office responsible for protecting Californians rights in seeking benefits administered by the department, including unemployment insurance, disability insurance, and paid family leave. The bill would specify the goal of the office to provide assistance to claimants during times of crisis, as defined, and require the office to conduct several activities, including, but not limited to, enforcing the Claimants Bill of Rights, establishing and implementing a system that allows claimants to learn about and report violations of their rights to the office, and assisting claimants in resolving those violations, as provided. The bill, commencing January 1, 2024, would require the office to issue a yearly report to specified policy committees of the Legislature and legislative leadership on various data trends from the past year, including utilization of benefit programs aggregated by income level and processing times for benefit programs for both online and paper applications for benefits. applications.This bill would establish the Claimants Bill of Rights and would specify several rights that claimants have in relation to benefits awarded by the department, including the right to report a violation of their rights, to receive timely notices and correspondence as they relate to their application status, claim status, and benefits awarded, and to be promptly informed when the status of their account or claim changes, as specified.This bill would also establish the Stakeholder Advisory Group within the Employment Development Department, to be administered by the Claimant and Stakeholder Liaison, which informs the department with policy expertise and firsthand knowledge of claimant experiences. The bill would specify the activities of the group, including, but not limited to, engaging with the Office of the Claimant Advocate and stakeholders in identifying systemic access issues to benefits and making recommendations to solve those issues, and creating and publishing a Claimants Bill of Rights that outlines an individuals right to benefit programs administered by the department within one year of establishment of the group.Because this bill would authorize the expenditure of funds from the Unemployment Administration Fund for a new purpose, the bill would make an appropriation.Digest Key Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 1.2 (commencing with Section 350) is added to Chapter 2 of Part 1 of Division 1 of the Unemployment Insurance Code, to read: Article 1.2. Office of the Claimant Advocate350. (a) (1) There is hereby established within the Employment Development Department the Office of the Claimant Advocate, which is responsible for protecting Californians Californians rights in seeking benefits administered by the department, including unemployment insurance, disability insurance, and paid family leave.(2) The goals goal of the office shall be to provide assistance to claimants, coordinate claimants during times of crisis, as defined by executive order or when the department is reporting a backlog equal to or exceeding 100,000 claims in the past 21 days that are in pending status awaiting department action.(3) If a time of crisis is activated pursuant to paragraph (2), the office shall coordinate with and collect data from the Employment Development Department consumer assistance or call centers, centers and the fully functioning Stakeholder Advisory Group to improve claimants access to benefits for which they are eligible and that are awarded through the benefit programs administered by the department, including unemployment and disability insurance programs, Paid Family Leave, work sharing, and Nonindustrial Disability Insurance programs, such as Family Care Leave.(b) The office shall conduct several activities as part of this function, including, but not limited to, all both of the following:(1)Enforce the Claimants Bill of Rights outlined in Section 355.(2)(1) Establish and implement a system that allows claimants to learn about and report violations of their rights under this code to the office. The office shall be responsible for assisting the claimant in resolving those violations, using all methods of communication, communication and access points to various subdivisions of the department, including, but not limited to, telephonic, online, or written means.(3)Engage claimants and advocates who represent them in identifying systemic access issues to benefits and make recommendations to solve those systemic access issues. This engagement includes, but is not limited to, reviewing a claimants ability to contact the department regarding basic and claim-specific information through telephonic and online means. (4)(2) Establish and update, as necessary, an internet webpage on the departments internet website that includes information on the functions of the office and the relevant contact information for claimants to report violations of their rights and seek help in accessing benefits.(5)Communicating to claimants and community-based organizations any proposed changes to the benefit programs administered by the department, including, but not limited to, changes to the paper or online applications for benefits.(c) (1) Beginning January 1, 2024, the office shall issue a report on a yearly basis to the Assembly Committee on Insurance, Senate Committee on Labor, Public Employment and Retirement, Speaker of the Assembly, and President pro Tempore of the Senate that includes data on levels and trends through the past year for all both of the following categories:(A) Utilization of benefit programs aggregated by income level.(B) Processing times for benefit programs for both online and paper applications for benefits. applications.(C)Systemic access issues identified by the office and a complete list of recommendations and actions taken by the office to resolve those issues.(2) The office shall make recommendations in the report, to be shared with the Stakeholder Advisory Group, in consultation with stakeholders, for improvements needed to ensure prompt access to benefits for claimants.(3) For the purpose of publicly reporting information as required in this subdivision about the problems faced by claimants in resolving violations or obtaining access to benefits administered by the departments benefit programs, the office shall analyze data on claimant complaints and grievances resolved by the office, including demographic data, source of violation or complaint, resolution of violation or complaint, and other information intended to improve access to benefits administrated through the departments benefit programs.355.(a)This section shall be known, and may be cited, as the Claimants Bill of Rights.(b)Claimants rights to benefits awarded through the benefit programs administered by the Employment Development Department include, but are not limited to, all of the following:(1)The Right to Report: Claimants have the right to report a violation of these rights and to seek help in enforcing these rights through the office.(2)The Right to Notice: Claimants are entitled to receive timely notices and correspondence as they relate to their application status, claim status, and benefits awarded. This includes, but is not limited to, when payment is delayed or pending, a new account creation or recertification is required, or when an account is halted due to error or fraud.(3)The Right to Be Informed: Claimants have the right to be promptly informed when the status of their account or claim changes and negatively impacts their ability to access benefits awarded. Claimants have the right to information that is specific to their claim or case and clearly explains the reason for the change that negatively impacted their ability to access their benefits. Claimants are entitled to prompt instruction on how to amend negative changes required to advance access to benefits awarded.(4)The Right to Quality Service: Claimants have the right to receive prompt, courteous, culturally appropriate, and professional assistance in their dealings with the department, and to receive clear and easily understandable communications in written form, if requested, from the department.(5)The Right to Challenge the Departments Position and Be Heard: Claimants have the right to challenge or raise objections and provide additional documentation in response to formal department actions or proposed actions, and to expect that the department will consider their timely objections and documentation promptly and fairly.(6)The Right to Appeal a Decision of the Department: Claimants are entitled to a fair and impartial administrative appeal of decisions of the department, including any penalties, and have the right to receive a written response regarding the decision of the appeals board. Claimants have the right to receive a clear explanation of reasoning if the department does not accept their appeal. Claimants are also entitled to a clear course of action in the event a neutral position is taken on an appeal.(7)The Right to Finality: Claimants have the right to know the maximum amount of time they have to address errors and challenges, as well as the maximum amount of time the department has to consider a claimants appeal, challenge, or proposed resolutions. Claimants have the right to know when the department has resolved the error or come to a decision about their appeal or challenge.(8)The Right to Confidentiality, Privacy, and to Retain Representation: Claimants have the right to expect that any department inquiry, examination, or enforcement action will comply with the law and be no more intrusive than necessary, and will respect all due process rights. Claimants have the right to expect that any information they provide to the department will not be disclosed unless authorized by the claimant or by law. Claimants have the right to request an advocate from the Office of the Claimant Advocate or to retain an authorized representative of their choice to represent them in their dealings with the department.SEC. 2. Article 1.3 (commencing with Section 360) is added to Chapter 2 of Part 1 of Division 1 of the Unemployment Insurance Code, to read: Article 1.3. Stakeholder Advisory Group360. (a) (1) There is hereby established within the Employment Development Department a fully functioning Stakeholder Advisory Group, which informs the department with policy expertise and firsthand knowledge of claimant experiences.(2) The Stakeholder Advisory Group shall be administered by an executive-level position known as the Claimant and Stakeholder Liaison.(b) The Stakeholder Advisory Group shall conduct several activities, including, but not limited to, all of the following:(1) Advise the department on implementing policies and procedures that relate to improving customer and stakeholder engagement.(2) Engage with the Office of the Claimant Advocate and stakeholders, who represent claimants, in identifying systemic access issues to benefits and making recommendations to solve those systemic access issues. This engagement includes, but is not limited to, reviewing a claimants ability to contact the department regarding basic and claim-specific information through telephonic and online means.(3) Within one year of the establishment of the Stakeholder Advisory Group, create and publish a Claimants Bill of Rights that outlines an individuals right to benefit programs administered by the department.(4) Communicate to claimants and stakeholders, including community advocates, any proposed changes to the benefit programs administered by the department, including, but not limited to, changes to the paper or online applications for benefits. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate June 29, 2021 Amended IN Assembly April 21, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 402Introduced by Assembly Members Wicks and Petrie-Norris(Principal coauthor: Assembly Member Chiu)(Coauthors: Assembly Members Mayes and Santiago)February 03, 2021 An act to add Article Articles 1.2 (commencing with Section 350) and 1.3 (commencing with Section 360) to Chapter 2 of Part 1 of Division 1 of the Unemployment Insurance Code, relating to unemployment insurance, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGESTAB 402, as amended, Wicks. Office of the Claimant Advocate: Claimants Bill of Rights. Advocate and Stakeholder Advisory Group.Existing law establishes the Employment Development Department, administered by the Director of Employment Development, within the Labor and Workforce Development Agency and sets forth its powers and duties related to the administration of the state unemployment and disability compensation programs. Existing law provides that the expense of the administration of specified provisions relating to unemployment compensation shall be paid out of the Unemployment Administration Fund, which is a continuously appropriated fund, except as provided.This bill would establish the Office of the Claimant Advocate, within the Employment Development Department, and would make the office responsible for protecting Californians rights in seeking benefits administered by the department, including unemployment insurance, disability insurance, and paid family leave. The bill would specify the goal of the office to provide assistance to claimants during times of crisis, as defined, and require the office to conduct several activities, including, but not limited to, enforcing the Claimants Bill of Rights, establishing and implementing a system that allows claimants to learn about and report violations of their rights to the office, and assisting claimants in resolving those violations, as provided. The bill, commencing January 1, 2024, would require the office to issue a yearly report to specified policy committees of the Legislature and legislative leadership on various data trends from the past year, including utilization of benefit programs aggregated by income level and processing times for benefit programs for both online and paper applications for benefits. applications.This bill would establish the Claimants Bill of Rights and would specify several rights that claimants have in relation to benefits awarded by the department, including the right to report a violation of their rights, to receive timely notices and correspondence as they relate to their application status, claim status, and benefits awarded, and to be promptly informed when the status of their account or claim changes, as specified.This bill would also establish the Stakeholder Advisory Group within the Employment Development Department, to be administered by the Claimant and Stakeholder Liaison, which informs the department with policy expertise and firsthand knowledge of claimant experiences. The bill would specify the activities of the group, including, but not limited to, engaging with the Office of the Claimant Advocate and stakeholders in identifying systemic access issues to benefits and making recommendations to solve those issues, and creating and publishing a Claimants Bill of Rights that outlines an individuals right to benefit programs administered by the department within one year of establishment of the group.Because this bill would authorize the expenditure of funds from the Unemployment Administration Fund for a new purpose, the bill would make an appropriation.Digest Key Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate June 29, 2021 Amended IN Assembly April 21, 2021 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate August 26, 2021 | |
| 8 | 7 | Amended IN Senate June 29, 2021 | |
| 9 | 8 | Amended IN Assembly April 21, 2021 | |
| 10 | 9 | ||
| 11 | 10 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 12 | 11 | ||
| 13 | 12 | Assembly Bill | |
| 14 | 13 | ||
| 15 | 14 | No. 402 | |
| 16 | 15 | ||
| 17 | 16 | Introduced by Assembly Members Wicks and Petrie-Norris(Principal coauthor: Assembly Member Chiu)(Coauthors: Assembly Members Mayes and Santiago)February 03, 2021 | |
| 18 | 17 | ||
| 19 | 18 | Introduced by Assembly Members Wicks and Petrie-Norris(Principal coauthor: Assembly Member Chiu)(Coauthors: Assembly Members Mayes and Santiago) | |
| 20 | 19 | February 03, 2021 | |
| 21 | 20 | ||
| 22 | - | An act to add Articles 1.2 (commencing with Section 350) and 1.3 (commencing with Section 360) to Chapter 2 of Part 1 of Division 1 of the Unemployment Insurance Code, relating to unemployment insurance, and making an appropriation therefor. | |
| 21 | + | An act to add Article Articles 1.2 (commencing with Section 350) and 1.3 (commencing with Section 360) to Chapter 2 of Part 1 of Division 1 of the Unemployment Insurance Code, relating to unemployment insurance, and making an appropriation therefor. | |
| 23 | 22 | ||
| 24 | 23 | LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 24 | ||
| 26 | 25 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 27 | 26 | ||
| 28 | - | AB 402, as amended, Wicks. Office of the Claimant Advocate and Stakeholder Advisory Group. | |
| 27 | + | AB 402, as amended, Wicks. Office of the Claimant Advocate: Claimants Bill of Rights. Advocate and Stakeholder Advisory Group. | |
| 29 | 28 | ||
| 30 | - | Existing law establishes the Employment Development Department, administered by the Director of Employment Development, within the Labor and Workforce Development Agency and sets forth its powers and duties related to the administration of the state unemployment and disability compensation programs. Existing law provides that the expense of the administration of specified provisions relating to unemployment compensation shall be paid out of the Unemployment Administration Fund, which is a continuously appropriated fund, except as provided.This bill would establish the Office of the Claimant Advocate, within the Employment Development Department, and would make the office responsible for protecting Californians | |
| 29 | + | Existing law establishes the Employment Development Department, administered by the Director of Employment Development, within the Labor and Workforce Development Agency and sets forth its powers and duties related to the administration of the state unemployment and disability compensation programs. Existing law provides that the expense of the administration of specified provisions relating to unemployment compensation shall be paid out of the Unemployment Administration Fund, which is a continuously appropriated fund, except as provided.This bill would establish the Office of the Claimant Advocate, within the Employment Development Department, and would make the office responsible for protecting Californians rights in seeking benefits administered by the department, including unemployment insurance, disability insurance, and paid family leave. The bill would specify the goal of the office to provide assistance to claimants during times of crisis, as defined, and require the office to conduct several activities, including, but not limited to, enforcing the Claimants Bill of Rights, establishing and implementing a system that allows claimants to learn about and report violations of their rights to the office, and assisting claimants in resolving those violations, as provided. The bill, commencing January 1, 2024, would require the office to issue a yearly report to specified policy committees of the Legislature and legislative leadership on various data trends from the past year, including utilization of benefit programs aggregated by income level and processing times for benefit programs for both online and paper applications for benefits. applications.This bill would establish the Claimants Bill of Rights and would specify several rights that claimants have in relation to benefits awarded by the department, including the right to report a violation of their rights, to receive timely notices and correspondence as they relate to their application status, claim status, and benefits awarded, and to be promptly informed when the status of their account or claim changes, as specified.This bill would also establish the Stakeholder Advisory Group within the Employment Development Department, to be administered by the Claimant and Stakeholder Liaison, which informs the department with policy expertise and firsthand knowledge of claimant experiences. The bill would specify the activities of the group, including, but not limited to, engaging with the Office of the Claimant Advocate and stakeholders in identifying systemic access issues to benefits and making recommendations to solve those issues, and creating and publishing a Claimants Bill of Rights that outlines an individuals right to benefit programs administered by the department within one year of establishment of the group.Because this bill would authorize the expenditure of funds from the Unemployment Administration Fund for a new purpose, the bill would make an appropriation. | |
| 31 | 30 | ||
| 32 | 31 | Existing law establishes the Employment Development Department, administered by the Director of Employment Development, within the Labor and Workforce Development Agency and sets forth its powers and duties related to the administration of the state unemployment and disability compensation programs. Existing law provides that the expense of the administration of specified provisions relating to unemployment compensation shall be paid out of the Unemployment Administration Fund, which is a continuously appropriated fund, except as provided. | |
| 33 | 32 | ||
| 34 | - | This bill would establish the Office of the Claimant Advocate, within the Employment Development Department, and would make the office responsible for protecting Californians Californians rights in seeking benefits administered by the department, including unemployment insurance, disability insurance, and paid family leave. The bill would specify the goal of the office to provide assistance to claimants during times of crisis, as defined, and require the office to conduct several activities, activities to provide non-claim-specific assistance to claimants, including, but not limited to, upholding the Claimants Bill of Rights, as specified, establishing and implementing a system that allows claimants to learn about and report violations of their rights to the office, and assisting claimants in resolving those violations, as provided. The bill, commencing January 1, 2024, would require the office to issue a yearly report to specified policy committees of the Legislature and legislative leadership on various data trends from the past year, including utilization of benefit programs aggregated by income level and level, processing times for benefit programs for both online and paper applications. applications, and systemic access issues identified by the office and a complete list of recommendations and actions taken by the office to resolve those issues. | |
| 33 | + | This bill would establish the Office of the Claimant Advocate, within the Employment Development Department, and would make the office responsible for protecting Californians rights in seeking benefits administered by the department, including unemployment insurance, disability insurance, and paid family leave. The bill would specify the goal of the office to provide assistance to claimants during times of crisis, as defined, and require the office to conduct several activities, including, but not limited to, enforcing the Claimants Bill of Rights, establishing and implementing a system that allows claimants to learn about and report violations of their rights to the office, and assisting claimants in resolving those violations, as provided. The bill, commencing January 1, 2024, would require the office to issue a yearly report to specified policy committees of the Legislature and legislative leadership on various data trends from the past year, including utilization of benefit programs aggregated by income level and processing times for benefit programs for both online and paper applications for benefits. applications. | |
| 34 | + | ||
| 35 | + | This bill would establish the Claimants Bill of Rights and would specify several rights that claimants have in relation to benefits awarded by the department, including the right to report a violation of their rights, to receive timely notices and correspondence as they relate to their application status, claim status, and benefits awarded, and to be promptly informed when the status of their account or claim changes, as specified. | |
| 36 | + | ||
| 37 | + | ||
| 35 | 38 | ||
| 36 | 39 | This bill would also establish the Stakeholder Advisory Group within the Employment Development Department, to be administered by the Claimant and Stakeholder Liaison, which informs the department with policy expertise and firsthand knowledge of claimant experiences. The bill would specify the activities of the group, including, but not limited to, engaging with the Office of the Claimant Advocate and stakeholders in identifying systemic access issues to benefits and making recommendations to solve those issues, and creating and publishing a Claimants Bill of Rights that outlines an individuals right to benefit programs administered by the department within one year of establishment of the group. | |
| 37 | 40 | ||
| 38 | 41 | Because this bill would authorize the expenditure of funds from the Unemployment Administration Fund for a new purpose, the bill would make an appropriation. | |
| 39 | 42 | ||
| 40 | 43 | ## Digest Key | |
| 41 | 44 | ||
| 42 | 45 | ## Bill Text | |
| 43 | 46 | ||
| 44 | - | The people of the State of California do enact as follows:SECTION 1. Article 1.2 (commencing with Section 350) is added to Chapter 2 of Part 1 of Division 1 of the Unemployment Insurance Code, to read: Article 1.2. Office of the Claimant Advocate350. (a) (1) There is hereby established within the Employment Development Department the Office of the Claimant Advocate, which is responsible for protecting Californians rights in seeking benefits administered by the department, including unemployment insurance, disability insurance, and paid family leave.(2) The goal of the office shall be to provide assistance to claimants during times of crisis, as defined by executive order or when the department is reporting a backlog equal to or exceeding 100,000 claims in the past 21 days that are in pending status awaiting department action. The office shall | |
| 47 | + | The people of the State of California do enact as follows:SECTION 1. Article 1.2 (commencing with Section 350) is added to Chapter 2 of Part 1 of Division 1 of the Unemployment Insurance Code, to read: Article 1.2. Office of the Claimant Advocate350. (a) (1) There is hereby established within the Employment Development Department the Office of the Claimant Advocate, which is responsible for protecting Californians Californians rights in seeking benefits administered by the department, including unemployment insurance, disability insurance, and paid family leave.(2) The goals goal of the office shall be to provide assistance to claimants, coordinate claimants during times of crisis, as defined by executive order or when the department is reporting a backlog equal to or exceeding 100,000 claims in the past 21 days that are in pending status awaiting department action.(3) If a time of crisis is activated pursuant to paragraph (2), the office shall coordinate with and collect data from the Employment Development Department consumer assistance or call centers, centers and the fully functioning Stakeholder Advisory Group to improve claimants access to benefits for which they are eligible and that are awarded through the benefit programs administered by the department, including unemployment and disability insurance programs, Paid Family Leave, work sharing, and Nonindustrial Disability Insurance programs, such as Family Care Leave.(b) The office shall conduct several activities as part of this function, including, but not limited to, all both of the following:(1)Enforce the Claimants Bill of Rights outlined in Section 355.(2)(1) Establish and implement a system that allows claimants to learn about and report violations of their rights under this code to the office. The office shall be responsible for assisting the claimant in resolving those violations, using all methods of communication, communication and access points to various subdivisions of the department, including, but not limited to, telephonic, online, or written means.(3)Engage claimants and advocates who represent them in identifying systemic access issues to benefits and make recommendations to solve those systemic access issues. This engagement includes, but is not limited to, reviewing a claimants ability to contact the department regarding basic and claim-specific information through telephonic and online means. (4)(2) Establish and update, as necessary, an internet webpage on the departments internet website that includes information on the functions of the office and the relevant contact information for claimants to report violations of their rights and seek help in accessing benefits.(5)Communicating to claimants and community-based organizations any proposed changes to the benefit programs administered by the department, including, but not limited to, changes to the paper or online applications for benefits.(c) (1) Beginning January 1, 2024, the office shall issue a report on a yearly basis to the Assembly Committee on Insurance, Senate Committee on Labor, Public Employment and Retirement, Speaker of the Assembly, and President pro Tempore of the Senate that includes data on levels and trends through the past year for all both of the following categories:(A) Utilization of benefit programs aggregated by income level.(B) Processing times for benefit programs for both online and paper applications for benefits. applications.(C)Systemic access issues identified by the office and a complete list of recommendations and actions taken by the office to resolve those issues.(2) The office shall make recommendations in the report, to be shared with the Stakeholder Advisory Group, in consultation with stakeholders, for improvements needed to ensure prompt access to benefits for claimants.(3) For the purpose of publicly reporting information as required in this subdivision about the problems faced by claimants in resolving violations or obtaining access to benefits administered by the departments benefit programs, the office shall analyze data on claimant complaints and grievances resolved by the office, including demographic data, source of violation or complaint, resolution of violation or complaint, and other information intended to improve access to benefits administrated through the departments benefit programs.355.(a)This section shall be known, and may be cited, as the Claimants Bill of Rights.(b)Claimants rights to benefits awarded through the benefit programs administered by the Employment Development Department include, but are not limited to, all of the following:(1)The Right to Report: Claimants have the right to report a violation of these rights and to seek help in enforcing these rights through the office.(2)The Right to Notice: Claimants are entitled to receive timely notices and correspondence as they relate to their application status, claim status, and benefits awarded. This includes, but is not limited to, when payment is delayed or pending, a new account creation or recertification is required, or when an account is halted due to error or fraud.(3)The Right to Be Informed: Claimants have the right to be promptly informed when the status of their account or claim changes and negatively impacts their ability to access benefits awarded. Claimants have the right to information that is specific to their claim or case and clearly explains the reason for the change that negatively impacted their ability to access their benefits. Claimants are entitled to prompt instruction on how to amend negative changes required to advance access to benefits awarded.(4)The Right to Quality Service: Claimants have the right to receive prompt, courteous, culturally appropriate, and professional assistance in their dealings with the department, and to receive clear and easily understandable communications in written form, if requested, from the department.(5)The Right to Challenge the Departments Position and Be Heard: Claimants have the right to challenge or raise objections and provide additional documentation in response to formal department actions or proposed actions, and to expect that the department will consider their timely objections and documentation promptly and fairly.(6)The Right to Appeal a Decision of the Department: Claimants are entitled to a fair and impartial administrative appeal of decisions of the department, including any penalties, and have the right to receive a written response regarding the decision of the appeals board. Claimants have the right to receive a clear explanation of reasoning if the department does not accept their appeal. Claimants are also entitled to a clear course of action in the event a neutral position is taken on an appeal.(7)The Right to Finality: Claimants have the right to know the maximum amount of time they have to address errors and challenges, as well as the maximum amount of time the department has to consider a claimants appeal, challenge, or proposed resolutions. Claimants have the right to know when the department has resolved the error or come to a decision about their appeal or challenge.(8)The Right to Confidentiality, Privacy, and to Retain Representation: Claimants have the right to expect that any department inquiry, examination, or enforcement action will comply with the law and be no more intrusive than necessary, and will respect all due process rights. Claimants have the right to expect that any information they provide to the department will not be disclosed unless authorized by the claimant or by law. Claimants have the right to request an advocate from the Office of the Claimant Advocate or to retain an authorized representative of their choice to represent them in their dealings with the department.SEC. 2. Article 1.3 (commencing with Section 360) is added to Chapter 2 of Part 1 of Division 1 of the Unemployment Insurance Code, to read: Article 1.3. Stakeholder Advisory Group360. (a) (1) There is hereby established within the Employment Development Department a fully functioning Stakeholder Advisory Group, which informs the department with policy expertise and firsthand knowledge of claimant experiences.(2) The Stakeholder Advisory Group shall be administered by an executive-level position known as the Claimant and Stakeholder Liaison.(b) The Stakeholder Advisory Group shall conduct several activities, including, but not limited to, all of the following:(1) Advise the department on implementing policies and procedures that relate to improving customer and stakeholder engagement.(2) Engage with the Office of the Claimant Advocate and stakeholders, who represent claimants, in identifying systemic access issues to benefits and making recommendations to solve those systemic access issues. This engagement includes, but is not limited to, reviewing a claimants ability to contact the department regarding basic and claim-specific information through telephonic and online means.(3) Within one year of the establishment of the Stakeholder Advisory Group, create and publish a Claimants Bill of Rights that outlines an individuals right to benefit programs administered by the department.(4) Communicate to claimants and stakeholders, including community advocates, any proposed changes to the benefit programs administered by the department, including, but not limited to, changes to the paper or online applications for benefits. | |
| 45 | 48 | ||
| 46 | 49 | The people of the State of California do enact as follows: | |
| 47 | 50 | ||
| 48 | 51 | ## The people of the State of California do enact as follows: | |
| 49 | 52 | ||
| 50 | - | SECTION 1. Article 1.2 (commencing with Section 350) is added to Chapter 2 of Part 1 of Division 1 of the Unemployment Insurance Code, to read: Article 1.2. Office of the Claimant Advocate350. (a) (1) There is hereby established within the Employment Development Department the Office of the Claimant Advocate, which is responsible for protecting Californians rights in seeking benefits administered by the department, including unemployment insurance, disability insurance, and paid family leave.(2) The goal of the office shall be to provide assistance to claimants during times of crisis, as defined by executive order or when the department is reporting a backlog equal to or exceeding 100,000 claims in the past 21 days that are in pending status awaiting department action. The office shall | |
| 53 | + | SECTION 1. Article 1.2 (commencing with Section 350) is added to Chapter 2 of Part 1 of Division 1 of the Unemployment Insurance Code, to read: Article 1.2. Office of the Claimant Advocate350. (a) (1) There is hereby established within the Employment Development Department the Office of the Claimant Advocate, which is responsible for protecting Californians Californians rights in seeking benefits administered by the department, including unemployment insurance, disability insurance, and paid family leave.(2) The goals goal of the office shall be to provide assistance to claimants, coordinate claimants during times of crisis, as defined by executive order or when the department is reporting a backlog equal to or exceeding 100,000 claims in the past 21 days that are in pending status awaiting department action.(3) If a time of crisis is activated pursuant to paragraph (2), the office shall coordinate with and collect data from the Employment Development Department consumer assistance or call centers, centers and the fully functioning Stakeholder Advisory Group to improve claimants access to benefits for which they are eligible and that are awarded through the benefit programs administered by the department, including unemployment and disability insurance programs, Paid Family Leave, work sharing, and Nonindustrial Disability Insurance programs, such as Family Care Leave.(b) The office shall conduct several activities as part of this function, including, but not limited to, all both of the following:(1)Enforce the Claimants Bill of Rights outlined in Section 355.(2)(1) Establish and implement a system that allows claimants to learn about and report violations of their rights under this code to the office. The office shall be responsible for assisting the claimant in resolving those violations, using all methods of communication, communication and access points to various subdivisions of the department, including, but not limited to, telephonic, online, or written means.(3)Engage claimants and advocates who represent them in identifying systemic access issues to benefits and make recommendations to solve those systemic access issues. This engagement includes, but is not limited to, reviewing a claimants ability to contact the department regarding basic and claim-specific information through telephonic and online means. (4)(2) Establish and update, as necessary, an internet webpage on the departments internet website that includes information on the functions of the office and the relevant contact information for claimants to report violations of their rights and seek help in accessing benefits.(5)Communicating to claimants and community-based organizations any proposed changes to the benefit programs administered by the department, including, but not limited to, changes to the paper or online applications for benefits.(c) (1) Beginning January 1, 2024, the office shall issue a report on a yearly basis to the Assembly Committee on Insurance, Senate Committee on Labor, Public Employment and Retirement, Speaker of the Assembly, and President pro Tempore of the Senate that includes data on levels and trends through the past year for all both of the following categories:(A) Utilization of benefit programs aggregated by income level.(B) Processing times for benefit programs for both online and paper applications for benefits. applications.(C)Systemic access issues identified by the office and a complete list of recommendations and actions taken by the office to resolve those issues.(2) The office shall make recommendations in the report, to be shared with the Stakeholder Advisory Group, in consultation with stakeholders, for improvements needed to ensure prompt access to benefits for claimants.(3) For the purpose of publicly reporting information as required in this subdivision about the problems faced by claimants in resolving violations or obtaining access to benefits administered by the departments benefit programs, the office shall analyze data on claimant complaints and grievances resolved by the office, including demographic data, source of violation or complaint, resolution of violation or complaint, and other information intended to improve access to benefits administrated through the departments benefit programs.355.(a)This section shall be known, and may be cited, as the Claimants Bill of Rights.(b)Claimants rights to benefits awarded through the benefit programs administered by the Employment Development Department include, but are not limited to, all of the following:(1)The Right to Report: Claimants have the right to report a violation of these rights and to seek help in enforcing these rights through the office.(2)The Right to Notice: Claimants are entitled to receive timely notices and correspondence as they relate to their application status, claim status, and benefits awarded. This includes, but is not limited to, when payment is delayed or pending, a new account creation or recertification is required, or when an account is halted due to error or fraud.(3)The Right to Be Informed: Claimants have the right to be promptly informed when the status of their account or claim changes and negatively impacts their ability to access benefits awarded. Claimants have the right to information that is specific to their claim or case and clearly explains the reason for the change that negatively impacted their ability to access their benefits. Claimants are entitled to prompt instruction on how to amend negative changes required to advance access to benefits awarded.(4)The Right to Quality Service: Claimants have the right to receive prompt, courteous, culturally appropriate, and professional assistance in their dealings with the department, and to receive clear and easily understandable communications in written form, if requested, from the department.(5)The Right to Challenge the Departments Position and Be Heard: Claimants have the right to challenge or raise objections and provide additional documentation in response to formal department actions or proposed actions, and to expect that the department will consider their timely objections and documentation promptly and fairly.(6)The Right to Appeal a Decision of the Department: Claimants are entitled to a fair and impartial administrative appeal of decisions of the department, including any penalties, and have the right to receive a written response regarding the decision of the appeals board. Claimants have the right to receive a clear explanation of reasoning if the department does not accept their appeal. Claimants are also entitled to a clear course of action in the event a neutral position is taken on an appeal.(7)The Right to Finality: Claimants have the right to know the maximum amount of time they have to address errors and challenges, as well as the maximum amount of time the department has to consider a claimants appeal, challenge, or proposed resolutions. Claimants have the right to know when the department has resolved the error or come to a decision about their appeal or challenge.(8)The Right to Confidentiality, Privacy, and to Retain Representation: Claimants have the right to expect that any department inquiry, examination, or enforcement action will comply with the law and be no more intrusive than necessary, and will respect all due process rights. Claimants have the right to expect that any information they provide to the department will not be disclosed unless authorized by the claimant or by law. Claimants have the right to request an advocate from the Office of the Claimant Advocate or to retain an authorized representative of their choice to represent them in their dealings with the department. | |
| 51 | 54 | ||
| 52 | 55 | SECTION 1. Article 1.2 (commencing with Section 350) is added to Chapter 2 of Part 1 of Division 1 of the Unemployment Insurance Code, to read: | |
| 53 | 56 | ||
| 54 | 57 | ### SECTION 1. | |
| 55 | 58 | ||
| 56 | - | Article 1.2. Office of the Claimant Advocate350. (a) (1) There is hereby established within the Employment Development Department the Office of the Claimant Advocate, which is responsible for protecting Californians rights in seeking benefits administered by the department, including unemployment insurance, disability insurance, and paid family leave.(2) The goal of the office shall be to provide assistance to claimants during times of crisis, as defined by executive order or when the department is reporting a backlog equal to or exceeding 100,000 claims in the past 21 days that are in pending status awaiting department action. The office shall | |
| 59 | + | Article 1.2. Office of the Claimant Advocate350. (a) (1) There is hereby established within the Employment Development Department the Office of the Claimant Advocate, which is responsible for protecting Californians Californians rights in seeking benefits administered by the department, including unemployment insurance, disability insurance, and paid family leave.(2) The goals goal of the office shall be to provide assistance to claimants, coordinate claimants during times of crisis, as defined by executive order or when the department is reporting a backlog equal to or exceeding 100,000 claims in the past 21 days that are in pending status awaiting department action.(3) If a time of crisis is activated pursuant to paragraph (2), the office shall coordinate with and collect data from the Employment Development Department consumer assistance or call centers, centers and the fully functioning Stakeholder Advisory Group to improve claimants access to benefits for which they are eligible and that are awarded through the benefit programs administered by the department, including unemployment and disability insurance programs, Paid Family Leave, work sharing, and Nonindustrial Disability Insurance programs, such as Family Care Leave.(b) The office shall conduct several activities as part of this function, including, but not limited to, all both of the following:(1)Enforce the Claimants Bill of Rights outlined in Section 355.(2)(1) Establish and implement a system that allows claimants to learn about and report violations of their rights under this code to the office. The office shall be responsible for assisting the claimant in resolving those violations, using all methods of communication, communication and access points to various subdivisions of the department, including, but not limited to, telephonic, online, or written means.(3)Engage claimants and advocates who represent them in identifying systemic access issues to benefits and make recommendations to solve those systemic access issues. This engagement includes, but is not limited to, reviewing a claimants ability to contact the department regarding basic and claim-specific information through telephonic and online means. (4)(2) Establish and update, as necessary, an internet webpage on the departments internet website that includes information on the functions of the office and the relevant contact information for claimants to report violations of their rights and seek help in accessing benefits.(5)Communicating to claimants and community-based organizations any proposed changes to the benefit programs administered by the department, including, but not limited to, changes to the paper or online applications for benefits.(c) (1) Beginning January 1, 2024, the office shall issue a report on a yearly basis to the Assembly Committee on Insurance, Senate Committee on Labor, Public Employment and Retirement, Speaker of the Assembly, and President pro Tempore of the Senate that includes data on levels and trends through the past year for all both of the following categories:(A) Utilization of benefit programs aggregated by income level.(B) Processing times for benefit programs for both online and paper applications for benefits. applications.(C)Systemic access issues identified by the office and a complete list of recommendations and actions taken by the office to resolve those issues.(2) The office shall make recommendations in the report, to be shared with the Stakeholder Advisory Group, in consultation with stakeholders, for improvements needed to ensure prompt access to benefits for claimants.(3) For the purpose of publicly reporting information as required in this subdivision about the problems faced by claimants in resolving violations or obtaining access to benefits administered by the departments benefit programs, the office shall analyze data on claimant complaints and grievances resolved by the office, including demographic data, source of violation or complaint, resolution of violation or complaint, and other information intended to improve access to benefits administrated through the departments benefit programs.355.(a)This section shall be known, and may be cited, as the Claimants Bill of Rights.(b)Claimants rights to benefits awarded through the benefit programs administered by the Employment Development Department include, but are not limited to, all of the following:(1)The Right to Report: Claimants have the right to report a violation of these rights and to seek help in enforcing these rights through the office.(2)The Right to Notice: Claimants are entitled to receive timely notices and correspondence as they relate to their application status, claim status, and benefits awarded. This includes, but is not limited to, when payment is delayed or pending, a new account creation or recertification is required, or when an account is halted due to error or fraud.(3)The Right to Be Informed: Claimants have the right to be promptly informed when the status of their account or claim changes and negatively impacts their ability to access benefits awarded. Claimants have the right to information that is specific to their claim or case and clearly explains the reason for the change that negatively impacted their ability to access their benefits. Claimants are entitled to prompt instruction on how to amend negative changes required to advance access to benefits awarded.(4)The Right to Quality Service: Claimants have the right to receive prompt, courteous, culturally appropriate, and professional assistance in their dealings with the department, and to receive clear and easily understandable communications in written form, if requested, from the department.(5)The Right to Challenge the Departments Position and Be Heard: Claimants have the right to challenge or raise objections and provide additional documentation in response to formal department actions or proposed actions, and to expect that the department will consider their timely objections and documentation promptly and fairly.(6)The Right to Appeal a Decision of the Department: Claimants are entitled to a fair and impartial administrative appeal of decisions of the department, including any penalties, and have the right to receive a written response regarding the decision of the appeals board. Claimants have the right to receive a clear explanation of reasoning if the department does not accept their appeal. Claimants are also entitled to a clear course of action in the event a neutral position is taken on an appeal.(7)The Right to Finality: Claimants have the right to know the maximum amount of time they have to address errors and challenges, as well as the maximum amount of time the department has to consider a claimants appeal, challenge, or proposed resolutions. Claimants have the right to know when the department has resolved the error or come to a decision about their appeal or challenge.(8)The Right to Confidentiality, Privacy, and to Retain Representation: Claimants have the right to expect that any department inquiry, examination, or enforcement action will comply with the law and be no more intrusive than necessary, and will respect all due process rights. Claimants have the right to expect that any information they provide to the department will not be disclosed unless authorized by the claimant or by law. Claimants have the right to request an advocate from the Office of the Claimant Advocate or to retain an authorized representative of their choice to represent them in their dealings with the department. | |
| 57 | 60 | ||
| 58 | - | Article 1.2. Office of the Claimant Advocate350. (a) (1) There is hereby established within the Employment Development Department the Office of the Claimant Advocate, which is responsible for protecting Californians rights in seeking benefits administered by the department, including unemployment insurance, disability insurance, and paid family leave.(2) The goal of the office shall be to provide assistance to claimants during times of crisis, as defined by executive order or when the department is reporting a backlog equal to or exceeding 100,000 claims in the past 21 days that are in pending status awaiting department action. The office shall | |
| 61 | + | Article 1.2. Office of the Claimant Advocate350. (a) (1) There is hereby established within the Employment Development Department the Office of the Claimant Advocate, which is responsible for protecting Californians Californians rights in seeking benefits administered by the department, including unemployment insurance, disability insurance, and paid family leave.(2) The goals goal of the office shall be to provide assistance to claimants, coordinate claimants during times of crisis, as defined by executive order or when the department is reporting a backlog equal to or exceeding 100,000 claims in the past 21 days that are in pending status awaiting department action.(3) If a time of crisis is activated pursuant to paragraph (2), the office shall coordinate with and collect data from the Employment Development Department consumer assistance or call centers, centers and the fully functioning Stakeholder Advisory Group to improve claimants access to benefits for which they are eligible and that are awarded through the benefit programs administered by the department, including unemployment and disability insurance programs, Paid Family Leave, work sharing, and Nonindustrial Disability Insurance programs, such as Family Care Leave.(b) The office shall conduct several activities as part of this function, including, but not limited to, all both of the following:(1)Enforce the Claimants Bill of Rights outlined in Section 355.(2)(1) Establish and implement a system that allows claimants to learn about and report violations of their rights under this code to the office. The office shall be responsible for assisting the claimant in resolving those violations, using all methods of communication, communication and access points to various subdivisions of the department, including, but not limited to, telephonic, online, or written means.(3)Engage claimants and advocates who represent them in identifying systemic access issues to benefits and make recommendations to solve those systemic access issues. This engagement includes, but is not limited to, reviewing a claimants ability to contact the department regarding basic and claim-specific information through telephonic and online means. (4)(2) Establish and update, as necessary, an internet webpage on the departments internet website that includes information on the functions of the office and the relevant contact information for claimants to report violations of their rights and seek help in accessing benefits.(5)Communicating to claimants and community-based organizations any proposed changes to the benefit programs administered by the department, including, but not limited to, changes to the paper or online applications for benefits.(c) (1) Beginning January 1, 2024, the office shall issue a report on a yearly basis to the Assembly Committee on Insurance, Senate Committee on Labor, Public Employment and Retirement, Speaker of the Assembly, and President pro Tempore of the Senate that includes data on levels and trends through the past year for all both of the following categories:(A) Utilization of benefit programs aggregated by income level.(B) Processing times for benefit programs for both online and paper applications for benefits. applications.(C)Systemic access issues identified by the office and a complete list of recommendations and actions taken by the office to resolve those issues.(2) The office shall make recommendations in the report, to be shared with the Stakeholder Advisory Group, in consultation with stakeholders, for improvements needed to ensure prompt access to benefits for claimants.(3) For the purpose of publicly reporting information as required in this subdivision about the problems faced by claimants in resolving violations or obtaining access to benefits administered by the departments benefit programs, the office shall analyze data on claimant complaints and grievances resolved by the office, including demographic data, source of violation or complaint, resolution of violation or complaint, and other information intended to improve access to benefits administrated through the departments benefit programs.355.(a)This section shall be known, and may be cited, as the Claimants Bill of Rights.(b)Claimants rights to benefits awarded through the benefit programs administered by the Employment Development Department include, but are not limited to, all of the following:(1)The Right to Report: Claimants have the right to report a violation of these rights and to seek help in enforcing these rights through the office.(2)The Right to Notice: Claimants are entitled to receive timely notices and correspondence as they relate to their application status, claim status, and benefits awarded. This includes, but is not limited to, when payment is delayed or pending, a new account creation or recertification is required, or when an account is halted due to error or fraud.(3)The Right to Be Informed: Claimants have the right to be promptly informed when the status of their account or claim changes and negatively impacts their ability to access benefits awarded. Claimants have the right to information that is specific to their claim or case and clearly explains the reason for the change that negatively impacted their ability to access their benefits. Claimants are entitled to prompt instruction on how to amend negative changes required to advance access to benefits awarded.(4)The Right to Quality Service: Claimants have the right to receive prompt, courteous, culturally appropriate, and professional assistance in their dealings with the department, and to receive clear and easily understandable communications in written form, if requested, from the department.(5)The Right to Challenge the Departments Position and Be Heard: Claimants have the right to challenge or raise objections and provide additional documentation in response to formal department actions or proposed actions, and to expect that the department will consider their timely objections and documentation promptly and fairly.(6)The Right to Appeal a Decision of the Department: Claimants are entitled to a fair and impartial administrative appeal of decisions of the department, including any penalties, and have the right to receive a written response regarding the decision of the appeals board. Claimants have the right to receive a clear explanation of reasoning if the department does not accept their appeal. Claimants are also entitled to a clear course of action in the event a neutral position is taken on an appeal.(7)The Right to Finality: Claimants have the right to know the maximum amount of time they have to address errors and challenges, as well as the maximum amount of time the department has to consider a claimants appeal, challenge, or proposed resolutions. Claimants have the right to know when the department has resolved the error or come to a decision about their appeal or challenge.(8)The Right to Confidentiality, Privacy, and to Retain Representation: Claimants have the right to expect that any department inquiry, examination, or enforcement action will comply with the law and be no more intrusive than necessary, and will respect all due process rights. Claimants have the right to expect that any information they provide to the department will not be disclosed unless authorized by the claimant or by law. Claimants have the right to request an advocate from the Office of the Claimant Advocate or to retain an authorized representative of their choice to represent them in their dealings with the department. | |
| 59 | 62 | ||
| 60 | 63 | Article 1.2. Office of the Claimant Advocate | |
| 61 | 64 | ||
| 62 | 65 | Article 1.2. Office of the Claimant Advocate | |
| 63 | 66 | ||
| 64 | - | 350. (a) (1) There is hereby established within the Employment Development Department the Office of the Claimant Advocate, which is responsible for protecting Californians rights in seeking benefits administered by the department, including unemployment insurance, disability insurance, and paid family leave.(2) The goal of the office shall be to provide assistance to claimants during times of crisis, as defined by executive order or when the department is reporting a backlog equal to or exceeding 100,000 claims in the past 21 days that are in pending status awaiting department action. | |
| 67 | + | 350. (a) (1) There is hereby established within the Employment Development Department the Office of the Claimant Advocate, which is responsible for protecting Californians Californians rights in seeking benefits administered by the department, including unemployment insurance, disability insurance, and paid family leave.(2) The goals goal of the office shall be to provide assistance to claimants, coordinate claimants during times of crisis, as defined by executive order or when the department is reporting a backlog equal to or exceeding 100,000 claims in the past 21 days that are in pending status awaiting department action.(3) If a time of crisis is activated pursuant to paragraph (2), the office shall coordinate with and collect data from the Employment Development Department consumer assistance or call centers, centers and the fully functioning Stakeholder Advisory Group to improve claimants access to benefits for which they are eligible and that are awarded through the benefit programs administered by the department, including unemployment and disability insurance programs, Paid Family Leave, work sharing, and Nonindustrial Disability Insurance programs, such as Family Care Leave.(b) The office shall conduct several activities as part of this function, including, but not limited to, all both of the following:(1)Enforce the Claimants Bill of Rights outlined in Section 355.(2)(1) Establish and implement a system that allows claimants to learn about and report violations of their rights under this code to the office. The office shall be responsible for assisting the claimant in resolving those violations, using all methods of communication, communication and access points to various subdivisions of the department, including, but not limited to, telephonic, online, or written means.(3)Engage claimants and advocates who represent them in identifying systemic access issues to benefits and make recommendations to solve those systemic access issues. This engagement includes, but is not limited to, reviewing a claimants ability to contact the department regarding basic and claim-specific information through telephonic and online means. (4)(2) Establish and update, as necessary, an internet webpage on the departments internet website that includes information on the functions of the office and the relevant contact information for claimants to report violations of their rights and seek help in accessing benefits.(5)Communicating to claimants and community-based organizations any proposed changes to the benefit programs administered by the department, including, but not limited to, changes to the paper or online applications for benefits.(c) (1) Beginning January 1, 2024, the office shall issue a report on a yearly basis to the Assembly Committee on Insurance, Senate Committee on Labor, Public Employment and Retirement, Speaker of the Assembly, and President pro Tempore of the Senate that includes data on levels and trends through the past year for all both of the following categories:(A) Utilization of benefit programs aggregated by income level.(B) Processing times for benefit programs for both online and paper applications for benefits. applications.(C)Systemic access issues identified by the office and a complete list of recommendations and actions taken by the office to resolve those issues.(2) The office shall make recommendations in the report, to be shared with the Stakeholder Advisory Group, in consultation with stakeholders, for improvements needed to ensure prompt access to benefits for claimants.(3) For the purpose of publicly reporting information as required in this subdivision about the problems faced by claimants in resolving violations or obtaining access to benefits administered by the departments benefit programs, the office shall analyze data on claimant complaints and grievances resolved by the office, including demographic data, source of violation or complaint, resolution of violation or complaint, and other information intended to improve access to benefits administrated through the departments benefit programs. | |
| 65 | 68 | ||
| 66 | 69 | ||
| 67 | 70 | ||
| 68 | - | 350. (a) (1) There is hereby established within the Employment Development Department the Office of the Claimant Advocate, which is responsible for protecting Californians rights in seeking benefits administered by the department, including unemployment insurance, disability insurance, and paid family leave. | |
| 71 | + | 350. (a) (1) There is hereby established within the Employment Development Department the Office of the Claimant Advocate, which is responsible for protecting Californians Californians rights in seeking benefits administered by the department, including unemployment insurance, disability insurance, and paid family leave. | |
| 69 | 72 | ||
| 70 | - | (2) The goal of the office shall be to provide assistance to claimants during times of crisis, as defined by executive order or when the department is reporting a backlog equal to or exceeding 100,000 claims in the past 21 days that are in pending status awaiting department action. | |
| 73 | + | (2) The goals goal of the office shall be to provide assistance to claimants, coordinate claimants during times of crisis, as defined by executive order or when the department is reporting a backlog equal to or exceeding 100,000 claims in the past 21 days that are in pending status awaiting department action. | |
| 71 | 74 | ||
| 72 | - | (3) If a time of crisis is activated pursuant to paragraph (2), | |
| 75 | + | (3) If a time of crisis is activated pursuant to paragraph (2), the office shall coordinate with and collect data from the Employment Development Department consumer assistance or call centers, centers and the fully functioning Stakeholder Advisory Group to improve claimants access to benefits for which they are eligible and that are awarded through the benefit programs administered by the department, including unemployment and disability insurance programs, Paid Family Leave, work sharing, and Nonindustrial Disability Insurance programs, such as Family Care Leave. | |
| 73 | 76 | ||
| 74 | - | (b) The office shall conduct several activities | |
| 77 | + | (b) The office shall conduct several activities as part of this function, including, but not limited to, all both of the following: | |
| 75 | 78 | ||
| 76 | - | (1) Uphold the Claimants Bill of Rights upon establishment as provided in Section 360. | |
| 77 | - | ||
| 78 | - | (1) | |
| 79 | + | (1)Enforce the Claimants Bill of Rights outlined in Section 355. | |
| 79 | 80 | ||
| 80 | 81 | ||
| 81 | - | ||
| 82 | - | (2) Establish and implement a system that allows claimants to learn about and report violations of their rights under this code to the office. The office shall be responsible for assisting the claimant in resolving those violations, using all methods of communication and access points to various subdivisions of the department, including, but not limited to, telephonic, online, or written means. | |
| 83 | 82 | ||
| 84 | 83 | (2) | |
| 85 | 84 | ||
| 86 | 85 | ||
| 87 | 86 | ||
| 88 | - | ( | |
| 87 | + | (1) Establish and implement a system that allows claimants to learn about and report violations of their rights under this code to the office. The office shall be responsible for assisting the claimant in resolving those violations, using all methods of communication, communication and access points to various subdivisions of the department, including, but not limited to, telephonic, online, or written means. | |
| 89 | 88 | ||
| 90 | - | (c) (1) Beginning January 1, 2024, the office shall issue a report on a yearly basis to the Assembly Committee on Insurance, Senate Committee on Labor, Public Employment and Retirement, Speaker of the Assembly, and President pro Tempore of the Senate that includes data on levels and trends through the past year for both all of the following categories: | |
| 89 | + | (3)Engage claimants and advocates who represent them in identifying systemic access issues to benefits and make recommendations to solve those systemic access issues. This engagement includes, but is not limited to, reviewing a claimants ability to contact the department regarding basic and claim-specific information through telephonic and online means. | |
| 90 | + | ||
| 91 | + | ||
| 92 | + | ||
| 93 | + | (4) | |
| 94 | + | ||
| 95 | + | ||
| 96 | + | ||
| 97 | + | (2) Establish and update, as necessary, an internet webpage on the departments internet website that includes information on the functions of the office and the relevant contact information for claimants to report violations of their rights and seek help in accessing benefits. | |
| 98 | + | ||
| 99 | + | (5)Communicating to claimants and community-based organizations any proposed changes to the benefit programs administered by the department, including, but not limited to, changes to the paper or online applications for benefits. | |
| 100 | + | ||
| 101 | + | ||
| 102 | + | ||
| 103 | + | (c) (1) Beginning January 1, 2024, the office shall issue a report on a yearly basis to the Assembly Committee on Insurance, Senate Committee on Labor, Public Employment and Retirement, Speaker of the Assembly, and President pro Tempore of the Senate that includes data on levels and trends through the past year for all both of the following categories: | |
| 91 | 104 | ||
| 92 | 105 | (A) Utilization of benefit programs aggregated by income level. | |
| 93 | 106 | ||
| 94 | - | (B) Processing times for benefit programs for both online and paper applications. | |
| 107 | + | (B) Processing times for benefit programs for both online and paper applications for benefits. applications. | |
| 95 | 108 | ||
| 96 | 109 | (C)Systemic access issues identified by the office and a complete list of recommendations and actions taken by the office to resolve those issues. | |
| 110 | + | ||
| 111 | + | ||
| 97 | 112 | ||
| 98 | 113 | (2) The office shall make recommendations in the report, to be shared with the Stakeholder Advisory Group, in consultation with stakeholders, for improvements needed to ensure prompt access to benefits for claimants. | |
| 99 | 114 | ||
| 100 | 115 | (3) For the purpose of publicly reporting information as required in this subdivision about the problems faced by claimants in resolving violations or obtaining access to benefits administered by the departments benefit programs, the office shall analyze data on claimant complaints and grievances resolved by the office, including demographic data, source of violation or complaint, resolution of violation or complaint, and other information intended to improve access to benefits administrated through the departments benefit programs. | |
| 116 | + | ||
| 117 | + | ||
| 118 | + | ||
| 119 | + | (a)This section shall be known, and may be cited, as the Claimants Bill of Rights. | |
| 120 | + | ||
| 121 | + | ||
| 122 | + | ||
| 123 | + | (b)Claimants rights to benefits awarded through the benefit programs administered by the Employment Development Department include, but are not limited to, all of the following: | |
| 124 | + | ||
| 125 | + | ||
| 126 | + | ||
| 127 | + | (1)The Right to Report: Claimants have the right to report a violation of these rights and to seek help in enforcing these rights through the office. | |
| 128 | + | ||
| 129 | + | ||
| 130 | + | ||
| 131 | + | (2)The Right to Notice: Claimants are entitled to receive timely notices and correspondence as they relate to their application status, claim status, and benefits awarded. This includes, but is not limited to, when payment is delayed or pending, a new account creation or recertification is required, or when an account is halted due to error or fraud. | |
| 132 | + | ||
| 133 | + | ||
| 134 | + | ||
| 135 | + | (3)The Right to Be Informed: Claimants have the right to be promptly informed when the status of their account or claim changes and negatively impacts their ability to access benefits awarded. Claimants have the right to information that is specific to their claim or case and clearly explains the reason for the change that negatively impacted their ability to access their benefits. Claimants are entitled to prompt instruction on how to amend negative changes required to advance access to benefits awarded. | |
| 136 | + | ||
| 137 | + | ||
| 138 | + | ||
| 139 | + | (4)The Right to Quality Service: Claimants have the right to receive prompt, courteous, culturally appropriate, and professional assistance in their dealings with the department, and to receive clear and easily understandable communications in written form, if requested, from the department. | |
| 140 | + | ||
| 141 | + | ||
| 142 | + | ||
| 143 | + | (5)The Right to Challenge the Departments Position and Be Heard: Claimants have the right to challenge or raise objections and provide additional documentation in response to formal department actions or proposed actions, and to expect that the department will consider their timely objections and documentation promptly and fairly. | |
| 144 | + | ||
| 145 | + | ||
| 146 | + | ||
| 147 | + | (6)The Right to Appeal a Decision of the Department: Claimants are entitled to a fair and impartial administrative appeal of decisions of the department, including any penalties, and have the right to receive a written response regarding the decision of the appeals board. Claimants have the right to receive a clear explanation of reasoning if the department does not accept their appeal. Claimants are also entitled to a clear course of action in the event a neutral position is taken on an appeal. | |
| 148 | + | ||
| 149 | + | ||
| 150 | + | ||
| 151 | + | (7)The Right to Finality: Claimants have the right to know the maximum amount of time they have to address errors and challenges, as well as the maximum amount of time the department has to consider a claimants appeal, challenge, or proposed resolutions. Claimants have the right to know when the department has resolved the error or come to a decision about their appeal or challenge. | |
| 152 | + | ||
| 153 | + | ||
| 154 | + | ||
| 155 | + | (8)The Right to Confidentiality, Privacy, and to Retain Representation: Claimants have the right to expect that any department inquiry, examination, or enforcement action will comply with the law and be no more intrusive than necessary, and will respect all due process rights. Claimants have the right to expect that any information they provide to the department will not be disclosed unless authorized by the claimant or by law. Claimants have the right to request an advocate from the Office of the Claimant Advocate or to retain an authorized representative of their choice to represent them in their dealings with the department. | |
| 156 | + | ||
| 157 | + | ||
| 101 | 158 | ||
| 102 | 159 | SEC. 2. Article 1.3 (commencing with Section 360) is added to Chapter 2 of Part 1 of Division 1 of the Unemployment Insurance Code, to read: Article 1.3. Stakeholder Advisory Group360. (a) (1) There is hereby established within the Employment Development Department a fully functioning Stakeholder Advisory Group, which informs the department with policy expertise and firsthand knowledge of claimant experiences.(2) The Stakeholder Advisory Group shall be administered by an executive-level position known as the Claimant and Stakeholder Liaison.(b) The Stakeholder Advisory Group shall conduct several activities, including, but not limited to, all of the following:(1) Advise the department on implementing policies and procedures that relate to improving customer and stakeholder engagement.(2) Engage with the Office of the Claimant Advocate and stakeholders, who represent claimants, in identifying systemic access issues to benefits and making recommendations to solve those systemic access issues. This engagement includes, but is not limited to, reviewing a claimants ability to contact the department regarding basic and claim-specific information through telephonic and online means.(3) Within one year of the establishment of the Stakeholder Advisory Group, create and publish a Claimants Bill of Rights that outlines an individuals right to benefit programs administered by the department.(4) Communicate to claimants and stakeholders, including community advocates, any proposed changes to the benefit programs administered by the department, including, but not limited to, changes to the paper or online applications for benefits. | |
| 103 | 160 | ||
| 104 | 161 | SEC. 2. Article 1.3 (commencing with Section 360) is added to Chapter 2 of Part 1 of Division 1 of the Unemployment Insurance Code, to read: | |
| 105 | 162 | ||
| 106 | 163 | ### SEC. 2. | |
| 107 | 164 | ||
| 108 | 165 | Article 1.3. Stakeholder Advisory Group360. (a) (1) There is hereby established within the Employment Development Department a fully functioning Stakeholder Advisory Group, which informs the department with policy expertise and firsthand knowledge of claimant experiences.(2) The Stakeholder Advisory Group shall be administered by an executive-level position known as the Claimant and Stakeholder Liaison.(b) The Stakeholder Advisory Group shall conduct several activities, including, but not limited to, all of the following:(1) Advise the department on implementing policies and procedures that relate to improving customer and stakeholder engagement.(2) Engage with the Office of the Claimant Advocate and stakeholders, who represent claimants, in identifying systemic access issues to benefits and making recommendations to solve those systemic access issues. This engagement includes, but is not limited to, reviewing a claimants ability to contact the department regarding basic and claim-specific information through telephonic and online means.(3) Within one year of the establishment of the Stakeholder Advisory Group, create and publish a Claimants Bill of Rights that outlines an individuals right to benefit programs administered by the department.(4) Communicate to claimants and stakeholders, including community advocates, any proposed changes to the benefit programs administered by the department, including, but not limited to, changes to the paper or online applications for benefits. | |
| 109 | 166 | ||
| 110 | 167 | Article 1.3. Stakeholder Advisory Group360. (a) (1) There is hereby established within the Employment Development Department a fully functioning Stakeholder Advisory Group, which informs the department with policy expertise and firsthand knowledge of claimant experiences.(2) The Stakeholder Advisory Group shall be administered by an executive-level position known as the Claimant and Stakeholder Liaison.(b) The Stakeholder Advisory Group shall conduct several activities, including, but not limited to, all of the following:(1) Advise the department on implementing policies and procedures that relate to improving customer and stakeholder engagement.(2) Engage with the Office of the Claimant Advocate and stakeholders, who represent claimants, in identifying systemic access issues to benefits and making recommendations to solve those systemic access issues. This engagement includes, but is not limited to, reviewing a claimants ability to contact the department regarding basic and claim-specific information through telephonic and online means.(3) Within one year of the establishment of the Stakeholder Advisory Group, create and publish a Claimants Bill of Rights that outlines an individuals right to benefit programs administered by the department.(4) Communicate to claimants and stakeholders, including community advocates, any proposed changes to the benefit programs administered by the department, including, but not limited to, changes to the paper or online applications for benefits. | |
| 111 | 168 | ||
| 112 | 169 | Article 1.3. Stakeholder Advisory Group | |
| 113 | 170 | ||
| 114 | 171 | Article 1.3. Stakeholder Advisory Group | |
| 115 | 172 | ||
| 116 | 173 | 360. (a) (1) There is hereby established within the Employment Development Department a fully functioning Stakeholder Advisory Group, which informs the department with policy expertise and firsthand knowledge of claimant experiences.(2) The Stakeholder Advisory Group shall be administered by an executive-level position known as the Claimant and Stakeholder Liaison.(b) The Stakeholder Advisory Group shall conduct several activities, including, but not limited to, all of the following:(1) Advise the department on implementing policies and procedures that relate to improving customer and stakeholder engagement.(2) Engage with the Office of the Claimant Advocate and stakeholders, who represent claimants, in identifying systemic access issues to benefits and making recommendations to solve those systemic access issues. This engagement includes, but is not limited to, reviewing a claimants ability to contact the department regarding basic and claim-specific information through telephonic and online means.(3) Within one year of the establishment of the Stakeholder Advisory Group, create and publish a Claimants Bill of Rights that outlines an individuals right to benefit programs administered by the department.(4) Communicate to claimants and stakeholders, including community advocates, any proposed changes to the benefit programs administered by the department, including, but not limited to, changes to the paper or online applications for benefits. | |
| 117 | 174 | ||
| 118 | 175 | ||
| 119 | 176 | ||
| 120 | 177 | 360. (a) (1) There is hereby established within the Employment Development Department a fully functioning Stakeholder Advisory Group, which informs the department with policy expertise and firsthand knowledge of claimant experiences. | |
| 121 | 178 | ||
| 122 | 179 | (2) The Stakeholder Advisory Group shall be administered by an executive-level position known as the Claimant and Stakeholder Liaison. | |
| 123 | 180 | ||
| 124 | 181 | (b) The Stakeholder Advisory Group shall conduct several activities, including, but not limited to, all of the following: | |
| 125 | 182 | ||
| 126 | 183 | (1) Advise the department on implementing policies and procedures that relate to improving customer and stakeholder engagement. | |
| 127 | 184 | ||
| 128 | 185 | (2) Engage with the Office of the Claimant Advocate and stakeholders, who represent claimants, in identifying systemic access issues to benefits and making recommendations to solve those systemic access issues. This engagement includes, but is not limited to, reviewing a claimants ability to contact the department regarding basic and claim-specific information through telephonic and online means. | |
| 129 | 186 | ||
| 130 | 187 | (3) Within one year of the establishment of the Stakeholder Advisory Group, create and publish a Claimants Bill of Rights that outlines an individuals right to benefit programs administered by the department. | |
| 131 | 188 | ||
| 132 | 189 | (4) Communicate to claimants and stakeholders, including community advocates, any proposed changes to the benefit programs administered by the department, including, but not limited to, changes to the paper or online applications for benefits. |