Bill Text: CA SB480 | 2013-2014 | Regular Session | Introduced
Bill Title: CalWORKs, Medi-Cal, and CalFresh: suspension of benefits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB480 Detail]
Download: California-2013-SB480-Introduced.html
BILL NUMBER: SB 480 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Yee
FEBRUARY 21, 2013
An act to amend Section 14011.10 of, and to add Sections 11327.7
and 18901.45 to, the Welfare and Institutions Code, relating to
public social services.
LEGISLATIVE COUNSEL'S DIGEST
SB 480, as introduced, Yee. CalWORKs, Medi-Cal, and CalFresh:
suspension of benefits.
(1) Existing law requires each county to provide cash assistance
and other social services to needy families through the California
Work Opportunity and Responsibility to Kids (CalWORKs) program using
federal Temporary Assistance to Needy Families (TANF) block grant
program, state, and county funds. Under existing law, the county is
required to periodically redetermine eligibility for CalWORKs
benefits. Under existing law, a CalWORKs recipient is required to
report to the county, orally or in writing, specified changes that
could affect the amount of aid to which the recipient is entitled.
This bill, commencing the later of January 1, 2015, or the date
that any necessary federal approvals are obtained, would require that
a person who is an inmate of a public institution be suspended as a
member of the CalWORKs assistance unit for the duration of his or her
incarceration, but would return the person to the assistance unit
without reapplying, if he or she is still eligible for CalWORKs
benefits upon release. To the extent that the bill would expand
eligibility for CalWORKs benefits, the bill would create 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 instead that no appropriation would be
made for the purpose of implementing the bill
(2) Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services, and
under which qualified low-income persons receive health care
benefits. The Medi-Cal program is governed, in part, by federal
Medicaid provisions. Existing law suspends the Medi-Cal benefits of
an individual under 21 years of age who is an inmate of a public
institution for the duration of his or her stay in the public
institution or one year, whichever is less.
This bill, commencing the later of January 1, 2015, or the date
that any necessary federal approvals are obtained, would make the
suspension of benefits provisions applicable to individuals who are
21 years of age or older. By expanding the duties of county welfare
departments, this bill would impose a state-mandated local program.
(3) Existing law provides for the federal Supplemental Nutrition
Assistance Program (SNAP), under which each county distributes
nutrition assistance benefits provided by the federal government to
eligible households. In California, federal nutrition assistance
benefits are administered through CalFresh.
This bill, commencing the later of January 1, 2015, or the date
that any necessary federal approvals are obtained, would require that
a person who is an inmate of a public institution be suspended from
receiving CalFresh benefits for the duration of his or her
incarceration, but would reinstate the benefits without the person
reapplying, if he or she is still eligible for CalFresh benefits upon
release. To the extent that the bill would expand eligibility for
CalFresh benefits, the bill would create a state-mandated local
program.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11327.7 is added to the Welfare and
Institutions Code, to read:
11327.7. (a) A person who is an inmate of a public institution
shall be suspended as a member of the assistance unit for the
duration of his or her incarceration. The person shall be eligible to
rejoin the assistance unit without reapplying if he or she is still
eligible for CalWORKs benefits upon release.
(b) If an individual is a CalWORKs beneficiary on the date he or
she becomes an inmate of a public institution, his or her benefits
shall be suspended effective the date he or she becomes an inmate of
a public institution. The suspension will end on the date he or she
is no longer an inmate of a public institution or one year from the
date he or she becomes an inmate of a public institution, whichever
is sooner.
(c) Nothing in this section shall create a state-funded benefit or
program. CalWORKs benefits shall not be available to inmates of
public institutions.
(d) This section shall be implemented only if and to the extent
allowed by federal law. This section shall be implemented only to the
extent that any necessary federal approval of state plan amendments
or other federal approvals are obtained.
(e) If any part of this section is in conflict with or does not
comply with federal law, this entire section shall be inoperative.
(f) This section shall be implemented on January 1, 2015, or the
date when all necessary federal approvals are obtained, whichever is
later.
(g) By January 1, 2015, or the date when all necessary federal
approvals are obtained, whichever is later, the department, in
consultation with the Chief Probation Officers of California and the
County Welfare Directors Association, shall establish the protocols
and procedures necessary to implement this section, including any
needed changes to the protocols and procedures previously established
to implement Section 14029.5.
(h) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department shall implement this section by means of all-county
letters or similar instructions without taking regulatory action.
Thereafter, the department shall adopt regulations in accordance with
the requirements of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 2. Section 14011.10 of the Welfare and Institutions Code is
amended to read:
14011.10. (a) Except as provided in Section 14011.11, benefits
provided under this chapter to an individual under 21 years
of age who is an inmate of a public institution shall be
suspended in accordance with Section 1396d(a)(28)(A) of Title 42 of
the United States Code as provided in subdivision (c).
(b) County welfare departments shall notify the department within
10 days of receiving information that an individual under 21
years of age on Medi-Cal in the county is or will be an
inmate of a public institution.
(c) If an individual under 21 years of age is a
Medi-Cal beneficiary on the date he or she becomes an inmate of a
public institution, his or her benefits under this chapter and under
Chapter 8 (commencing with Section 14200) shall be suspended
effective the date he or she becomes an inmate of a public
institution. The suspension shall end on the date he or she is no
longer an inmate of a public institution or one year from the date he
or she becomes an inmate of a public institution, whichever is
sooner.
(d) Nothing in this section shall create a state-funded benefit or
program. Health care services under this chapter and Chapter 8
(commencing with Section 14200) shall not be available to inmates of
public institutions whose Medi-Cal benefits have been suspended under
this section.
(e) This section shall be implemented only if and to the extent
allowed by federal law. This section shall be implemented only to the
extent that any necessary federal approval of state plan amendments
or other federal approvals are obtained.
(f) If any part of this section is in conflict with or does not
comply with federal law, this entire section shall be
inoperable inoperative .
(g) This section shall be implemented for individuals under
21 years of age on January 1, 2010, or the date when all
necessary federal approvals are obtained, whichever is later.
This section shall be implemented for individuals 21 years of age or
older on January 1, 2015, or on the date when all
necessary federal approvals are obtained, whichever is later.
(h) By January 1, 2010, or the date when all necessary federal
approvals are obtained, whichever is later, the department, in
consultation with the Chief Probation Officers of California and the
County Welfare Directors Association, shall establish the protocols
and procedures necessary to implement this section, including any
needed changes to the protocols and procedures previously established
to implement Section 14029.5.
(i) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department shall implement this section by means of all-county
letters or similar instructions without taking regulatory action.
Thereafter, the department shall adopt regulations in accordance with
the requirements of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 3. Section 18901.45 is added to the Welfare and Institutions
Code, to read:
18901.45. (a) Benefits provided under this chapter to an
individual who is an inmate of a public institution shall be
suspended. The person shall be eligible to have his or her benefits
reinstated without reapplying, if he or she is still eligible for
CalFresh benefits, upon release.
(b) If an individual is receiving benefits under this chapter on
the date he or she becomes an inmate of a public institution, his or
her benefits shall be suspended effective the date he or she becomes
an inmate of a public institution. The suspension will end on the
date he or she is no longer an inmate of a public institution or one
year from the date he or she becomes an inmate of a public
institution, whichever is sooner.
(c) Nothing in this section shall create a state-funded benefit or
program. Benefits under this chapter shall not be available to
inmates of public institutions.
(d) This section shall be implemented only if and to the extent
allowed by federal law. This section shall be implemented only to the
extent that any necessary federal approval of state plan amendments
or other federal approvals are obtained.
(e) If any part of this section is in conflict with or does not
comply with federal law, this entire section shall be inoperative.
(f) This section shall be implemented on January 1, 2015, or the
date when all necessary federal approvals are obtained, whichever is
later.
(g) By January 1, 2015, or the date when all necessary federal
approvals are obtained, whichever is later, the department, in
consultation with the Chief Probation Officers of California and the
County Welfare Directors Association, shall establish the protocols
and procedures necessary to implement this section, including any
needed changes to the protocols and procedures previously established
to implement Section 14029.5.
(h) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department shall implement this section by means of all-county
letters or similar instructions without taking regulatory action.
Thereafter, the department shall adopt regulations in accordance with
the requirements of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 4. Notwithstanding Section 15200 of the Welfare and
Institutions Code, no appropriation shall be made for the purpose of
implementing this act.
SEC. 5. 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.
