AB 2346: Public social services: hearings.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-09-23
Existing law provides various public social services and requires that an applicant for, or recipient of, public social services be accorded an opportunity for a state hearing if, among other reasons, the applicant or recipient is dissatisfied with any action of the county department relating to his or her application for, or receipt of, public social services. Existing law requires, if regulations require a public or private agency to write a position statement concerning the issues in question in a fair hearing, or if the agency chooses to develop such a statement, the agency to make available to the applicant or recipient a copy of the agencys position statement at the county welfare department not less than two working days prior to the date of the hearing. Existing law excludes the State Department of Health Care Services and the State Department of Public Health from that requirement.
This bill would instead require the public or private agency to make the agencys position statement available to the applicant or recipient at the county welfare office or via United States mail, or, upon request, through electronic means, as specified. The bill would exempt, for a specified period, a public or private agency from complying with this requirement if it submits a specified report to the State Department of Social Services by December 31 of each year. The bill would also make technical, nonsubstantive changes to these provisions.
Existing law provides various public social services and requires that an applicant for, or recipient of, public social services be accorded an opportunity for a state hearing if, among other reasons, the applicant or recipient is dissatisfied with any action of the county department relating to his or her application for, or receipt of, public social services. Existing law requires, if regulations require a public or private agency to write a position statement concerning the issues in question in a fair hearing, or if the agency chooses to develop such a statement, the agency to make available to the applicant or recipient a copy of the agencys position statement at the county welfare department not less than two working days prior to the date of the hearing. Existing law excludes the State Department of Health Care Services and the State Department of Public Health from that requirement.
This bill would instead require the public or private agency to make the agencys position statement available to the applicant or recipient at the county welfare office or via United States mail, or, upon request, through electronic means, as specified. The bill would exempt, for a specified period, a public or private agency from complying with this requirement if it submits a specified report to the State Department of Social Services by December 31 of each year. The bill would also make technical, nonsubstantive changes to these provisions.
Existing law provides various public social services and requires that an applicant for, or recipient of, public social services be accorded an opportunity for a state hearing if, among other reasons, the applicant or recipient is dissatisfied with any action of the county department relating to his or her application for, or receipt of, public social services. Existing law requires, if regulations require a public or private agency to write a position statement concerning the issues in question in a fair hearing, or if the agency chooses to develop such a statement, the agency to make available to the applicant or recipient a copy of the agencys position statement at the county welfare department not less than two working days prior to the date of the hearing. Existing law excludes the State Department of Health Care Services and the State Department of Public Health from that requirement.
This bill would additionally require a public or private agency, upon request, to provide a copy of the agencys position statement to the applicant or recipient through electronic means and would require the State Department of Health Care Services to make its position statement available to the applicant or recipient and the State Department of Social Services through electronic means, as specified. instead require the public or private agency to make the agencys position statement available to the applicant or recipient at the county welfare office or via United States mail, or, upon request, through electronic means, as specified. The bill would exempt, for a specified period, a public or private agency from complying with this requirement if it submits a specified report to the State Department of Social Services by December 31 of each year. The bill would also make technical, nonsubstantive changes to these provisions.
Existing law provides various public social services and requires that an applicant for, or recipient of, public social services be accorded an opportunity for a state hearing if, among other reasons, the applicant or recipient is dissatisfied with any action of the county department relating to his or her application for, or receipt of, public social services. Existing law requires, if regulations require a public or private agency to write a position statement concerning the issues in question in a fair hearing, or if the agency chooses to develop such a statement, the agency to make available to the applicant or recipient a copy of the agencys position statement at the county welfare department not less than two working days prior to the date of the hearing. Existing law excludes the State Department of Health Care Services and the State Department of Public Health from that requirement.
This bill would additionally require a public or private agency agency, upon request, to provide a copy of the agencys position statement to the applicant or recipient through electronic means and would require the State Department of Health Care Services to make its position statement available to the applicant or recipient and the State Department of Social Services through electronic means, as specified. The bill would exempt exempt, for a specified period, a public or private agency from complying with this requirement if it submits a specified report to the State Department of Social Services by December 31 of each year. The bill would also make technical, nonsubstantive changes to these provisions.
Existing law provides various public social services and requires that an applicant for, or recipient of, public social services be accorded an opportunity for a state hearing if, among other reasons, the applicant or recipient is dissatisfied with any action of the county department relating to his or her application for, or receipt of, public social services. Existing law requires, if regulations require a public or private agency to write a position statement concerning the issues in question in a fair hearing, or if the agency chooses to develop such a statement, the agency to make available to the applicant or recipient a copy of the agencys position statement at the county welfare department not less than two working days prior to the date of the hearing. Existing law excludes the State Department of Health Care Services and the State Department of Public Health from that requirement.
This bill would additionally require a public or private agency to provide a copy of the agencys position statement to the applicant or recipient through electronic means and would require the State Department of Health Care Services to make its position statement available to the applicant or recipient and the State Department of Social Services through electronic means, as specified. The bill would exempt a public or private agency from complying with this requirement if it submits a specified report to the State Department of Social Services by December 31 of each year. The bill would also make technical, nonsubstantive changes to these provisions.
Existing law provides various public social services and requires that an applicant for, or recipient of, public social services be accorded an opportunity for a state hearing if, among other reasons, the applicant or recipient is dissatisfied with any action of the county department relating to his or her application for, or receipt of, public social services. Existing law requires, if regulations require a public or private agency to write a position statement concerning the issues in question in a fair hearing, or if the agency chooses to develop such a statement, the agency to make available to the applicant or recipient a copy of the agencys position statement at the county welfare department not less than two working days prior to the date of the hearing. Existing law excludes the State Department of Health Care Services and the State Department of Public Health from that requirement.
This bill would additionally require a public or private agency to provide a copy of the agencys position statement to the applicant or recipient through electronic means and would require the State Department of Health Care Services to make its position statement available to the applicant or recipient and the State Department of Social Services through electronic means, as specified. The bill would also make technical, nonsubstantive changes to these provisions.
(a)If regulations require a public or private agency to write a position statement concerning the issues in question in a fair hearing, or if the public or private agency chooses to develop that statement, not less than two business days before the date of a hearing provided for pursuant to this chapter, the public or private agency shall make available to the applicant for, or recipient of, public social services requesting a fair hearing, a copy of the public or private agencys position statement on the forthcoming hearing. The public or private agency shall make the copy available to the applicant or recipient at the county welfare department or via United States mail, or, upon request, through electronic means. Except as provided in subdivision (c), if the applicant or recipient requests a position statement to be delivered through electronic means, the position statement shall be delivered through secure electronic means if required by state or federal privacy laws. A public or private agency shall be required to comply with this section only if the public or private agency has received a 10-day prior notice of the date and time of the scheduled hearing.
(b)If the public or private agency does not make the position statement available not less than two business days before the hearing or if the public or private agency decides to modify the position statement, the hearing shall be postponed upon the request of the applicant or recipient, if an applicant or recipient agrees to waive the right to obtain a decision on the hearing within the deadline that would otherwise be applicable under regulations. A postponement for reason of the public or private agency not making the position statement available within not less than two business days shall be deemed a postponement for good cause for purposes of determining eligibility to any applicable benefits pending disposition of the hearing.
(c)(1)A public or private agency shall not be required to make a copy of its position statement available to an applicant or recipient through electronic means if the agency submits a report by December 31 of each year to the State Department of Social Services that includes both of the following:
(A)The barriers the agency has identified that substantially impede or prohibit the electronic provision of hearing documents.
(B)The steps the agency is taking to address these barriers.
(2)This subdivision shall become inoperative on the date that the statewide electronic case management system administered by the State Department of Social Services becomes operational and has the capacity to provide position statements to claimants through secure electronic means.
(a)If regulations require a public or private agency to write a position statement concerning the issues in question in a fair hearing, or if the public or private agency chooses to develop that statement, not less than two business days before the date of a hearing provided for pursuant to this chapter, the public or private agency shall make available to the applicant for, or recipient of, public social services requesting a fair hearing, a copy of the public or private agencys position statement on the forthcoming hearing. The public or private agency shall make the copy available to the applicant or recipient at the county welfare department or via United States mail, or, upon request, through electronic means. Except as provided in subdivision (c), if the applicant or recipient requests a position statement to be delivered through electronic means, the position statement shall be delivered through secure electronic means if required by state or federal privacy laws. A public or private agency shall be required to comply with this section only if the public or private agency has received a 10-day prior notice of the date and time of the scheduled hearing.
(b)If the public or private agency does not make the position statement available not less than two business days before the hearing or if the public or private agency decides to modify the position statement, the hearing shall be postponed upon the request of the applicant or recipient, if an applicant or recipient agrees to waive the right to obtain a decision on the hearing within the deadline that would otherwise be applicable under regulations. A postponement for reason of the public or private agency not making the position statement available within not less than two business days shall be deemed a postponement for good cause for purposes of determining eligibility to any applicable benefits pending disposition of the hearing.
(c)(1)A public or private agency shall not be required to make a copy of its position statement available to an applicant or recipient through electronic means if the agency submits a report by December 31 of each year to the State Department of Social Services that includes both of the following:
(A)The barriers the agency has identified that substantially impede or prohibit the electronic provision of hearing documents.
(B)The steps the agency is taking to address these barriers.
(2)This subdivision shall become inoperative on the date that the statewide electronic case management system administered by the State Department of Social Services becomes operational and has the capacity to provide position statements to claimants through secure electronic means.
(a)If regulations require a public or private agency to write a position statement concerning the issues in question in a fair hearing, or if the public or private agency chooses to develop that statement, not less than two business days before the date of a hearing provided for pursuant to this chapter, the public or private agency shall make available to the applicant for, or recipient of, public social services requesting a fair hearing, a copy of the public or private agencys position statement on the forthcoming hearing. The public or private agency shall make the copy available to the applicant or recipient at the county welfare department, department or via United States mail, or, upon request, through electronic means. Except as provided in subdivision (d), (c), if the applicant or recipient requests a position statement that contains personal identifying information to be delivered through electronic means, the position statement shall be delivered through secure electronic means. means if required by state or federal privacy laws. A public or private agency shall be required to comply with this section only if the public or private agency has received a 10-day prior notice of the date and time of the scheduled hearing.
(b)If the public or private agency does not make the position statement available not less than two business days before the hearing or if the public or private agency decides to modify the position statement, the hearing shall be postponed upon the request of the applicant or recipient, if an applicant or recipient agrees to waive the right to obtain a decision on the hearing within the deadline that would otherwise be applicable under regulations. A postponement for reason of the public or private agency not making the position statement available within not less than two business days shall be deemed a postponement for good cause for purposes of determining eligibility to any applicable benefits pending disposition of the hearing.
(c)Subdivisions (a) and (b) shall not apply to the State Department of Health Care Services or the State Department of Public Health, except that the State Department of Health Care Services shall make its position statement available to the applicant or recipient and the State Department of Social Services through electronic means not less than two business days before the scheduled hearing.
(d)
(c)(1)A public or private agency shall not be required to make a copy of its position statement available to an applicant or recipient through electronic means if the agency submits a report by December 31 of each year to the State Department of Social Services that includes both of the following:
(A)The barriers the agency has identified that substantially impede or prohibit the electronic provision of hearing documents.
(B)The steps the agency is taking to address these barriers.
(2)This subdivision shall become inoperative on the date that the statewide electronic case management system administered by the State Department of Social Services becomes operational and has the capacity to provide position statements to claimants through secure electronic means.
(a)If regulations require a public or private agency to write a position statement concerning the issues in question in a fair hearing, or if the public or private agency chooses to develop that statement, not less than two business days before the date of a hearing provided for pursuant to this chapter, the public or private agency shall make available to the applicant for, or recipient of, public social services requesting a fair hearing, a copy of the public or private agencys position statement on the forthcoming hearing. The public or private agency shall make the copy available to the applicant or recipient at the county welfare department and department, via United States mail, or, upon request, through electronic means. Except as provided in subdivision (d), if the applicant or recipient requests a position statement that contains personal identifying information to be delivered through electronic means, the position statement shall be delivered through secure electronic means. A public or private agency shall be required to comply with this section only if the public or private agency has received a 10-day prior notice of the date and time of the scheduled hearing.
(b)If the public or private agency does not make the position statement available not less than two business days before the hearing or if the public or private agency decides to modify the position statement, the hearing shall be postponed upon the request of the applicant or recipient, if an applicant or recipient agrees to waive the right to obtain a decision on the hearing within the deadline that would otherwise be applicable under regulations. A postponement for reason of the public or private agency not making the position statement available within not less than two business days shall be deemed a postponement for good cause for purposes of determining eligibility to any applicable benefits pending disposition of the hearing.
(c)Subdivisions (a) and (b) shall not apply to the State Department of Health Care Services or the State Department of Public Health, except that the State Department of Health Care Services shall make its position statement available to the applicant or recipient and the State Department of Social Services through electronic means not less than two business days before the scheduled hearing.
(d)(1)A public or private agency shall not be required to make a copy of its position statement available to an applicant or recipient through electronic means if the agency submits a report by December 31 of each year to the State Department of Social Services that includes both of the following:
(1)
(A)The barriers the agency has identified that substantially impede or prohibit the electronic provision of hearing documents.
(2)
(B)The steps the agency is taking to address these barriers.
(2)This subdivision shall become inoperative on the date that the statewide electronic case management system administered by the State Department of Social Services becomes operational and has the capacity to provide position statements to claimants through secure electronic means.
(a)If regulations require a public or private agency to write a position statement concerning the issues in question in a fair hearing, or if the public or private agency chooses to develop that statement, not less than two business days before the date of a hearing provided for pursuant to this chapter, the public or private agency shall make available to the applicant for, or recipient of, public social services requesting a fair hearing, a copy of the public or private agencys position statement on the forthcoming hearing. The public or private agency shall make the copy available to the applicant or recipient at the county welfare department and through electronic means. A public or private agency shall be required to comply with this section only if the public or private agency has received a 10-day prior notice of the date and time of the scheduled hearing.
(b)If the public or private agency does not make the position statement available not less than two business days before the hearing or if the public or private agency decides to modify the position statement, the hearing shall be postponed upon the request of the applicant or recipient, if an applicant or recipient agrees to waive the right to obtain a decision on the hearing within the deadline that would otherwise be applicable under regulations. A postponement for reason of the public or private agency not making the position statement available within not less than two business days shall be deemed a postponement for good cause for purposes of determining eligibility to any applicable benefits pending disposition of the hearing.
(c)Subdivisions (a) and (b) shall not apply to the State Department of Health Care Services or the State Department of Pubic Public Health, except that the State Department of Health Care Services shall make its position statement available to the applicant or recipient and the State Department of Social Services through electronic means not less than two business days before the scheduled hearing.
(d)A public or private agency shall not be required to make a copy of its position statement available to an applicant or recipient through electronic means if the agency submits a report by December 31 of each year to the State Department of Social Services that includes both of the following:
(1)The barriers the agency has identified that substantially impede or prohibit the electronic provision of hearing documents.
(2)The steps the agency is taking to address these barriers.
(a)If regulations require a public or private agency to write a position statement concerning the issues in question in a fair hearing, or if the public or private agency chooses to develop such a that statement, not less than two working days prior to business days before the date of a hearing provided for pursuant to this chapter, the public or private agency shall make available to the applicant for, or recipient of, public social services requesting a fair hearing, a copy of the public or private agencys position statement on the forthcoming hearing. The public or private agency shall make the copy available to the applicant or recipient at the county welfare department. department and through electronic means. A public or private agency shall be required to comply with the provisions of this section only if the public or private agency has received a 10-day prior notice of the date and time of the scheduled hearing.
If
(b)If the public or private agency does not make the position statement available not less than two working days prior to business days before the hearing or if the public or private agency decides to modify the position statement, the hearing shall be postponed upon the request of the applicant or recipient, provided if an applicant or recipient agrees to waive the right to obtain a decision on the hearing within the deadline that would otherwise be applicable under regulations. A postponement for reason of the public or private agency not making the position statement available within not less than two working business days shall be deemed a postponement for good cause for purposes of determining eligibility to any applicable benefits pending disposition of the hearing.
For purposes of this section public or private agency shall not include the State Department of Health Services.
(c)Subdivisions (a) and (b) shall not apply to the State Department of Health Care Services or the State Department of Pubic Health, except that the State Department of Health Care Services shall make its position statement available to the applicant or recipient and the State Department of Social Services through electronic means not less than two business days before the scheduled hearing.
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Date
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Status
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|---|---|
| Jun 9, 2016 | Referred to Com. on HUMAN S. |
| Sep 2, 2016 | Enrolled and presented to the Governor at 12 p.m. |
| Aug 25, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6280.). |
| Aug 25, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 23, 2016 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77. |
| Aug 22, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 5255.). |
| Aug 22, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 19, 2016 | Read second time. Ordered to third reading. |
| Aug 18, 2016 | Read third time and amended. Ordered to second reading. |
| Aug 2, 2016 | Read second time. Ordered to third reading. |
| Aug 1, 2016 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8. |
| Jun 30, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 29, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 28). |
| Feb 18, 2016 | Read first time. To print. |
| May 23, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0.) |
| May 23, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 4901.) |
| May 23, 2016 | Read third time. Passed. Ordered to the Senate. |
| May 23, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 19, 2016 | Read second time. Ordered to third reading. |
| May 18, 2016 | From committee: Do pass. (Ayes 20. Noes 0.) (May 18). |
| Apr 4, 2016 | Re-referred to Com. on APPR. |
| Mar 31, 2016 | Read second time and amended. |
| Mar 30, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (March 29). |
| Mar 3, 2016 | Referred to Com. on HUM. S. |
| Feb 19, 2016 | From printer. May be heard in committee March 20. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 25, 2016 | AB 2346 BAKER Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 22, 2016 | Assembly 3rd Reading AB2346 Baker By McGuire | Senate Floor |
Passed |
|
| Jun 28, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Human Services |
Passed |
|
| May 23, 2016 | AB 2346 BAKER Assembly Third Reading | Assembly Floor |
Passed |
|
| May 18, 2016 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 29, 2016 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| California Association Of Food Banks | * Support | Mar 29, 2016 |
| Coalition California Welfare Rights Organization | * Support | Jun 28, 2016 |
| Housing California | ** Support | Aug 22, 2016 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2346
Author:(Baker)
As Amended Ver:August 18, 2016
Majority vote
ASSEMBLY: | 76-0 | (May 23, 2016) | SENATE: | 38-0 | (August 22, 2016) |
Original Committee Reference: HUM. S.
SUMMARY: Requires certain position statements related to state hearings to be made available through secure electronic means or via United States mail, as specified, no less than two days prior to the date of a hearing, unless a report is produced by a county, as specified. Further, makes these reporting requirements inoperative on the date on which the statewide electronic case management system administered by the Department of Social Services becomes operational and is capable of providing position statements through secure electronic means.
The Senate amendments:
- Require a public or private agency to make position statements available via United States mail.
- Limit the requirement for a public or private agency to make a position statement available through electronic means to instances where electronic delivery is requested.
- Require, if a recipient requests a position statement be delivered through electronic means, that position statement to be delivered through secure electronic means if required by state or federal privacy laws, as specified.
- Make inoperative the county reporting requirements contained in this bill on the date on which the statewide electronic case management system administered by the Department of Social Services (DSS) becomes operational and capable of providing position statements through secure electronic means.
EXISTING LAW:
- Requires DSS and the Department of Health Care Services (DHCS) to hold a fair hearing in the event that an applicant for or recipient of public social services is dissatisfied with any action of a county department, as specified. (WIC 10950 et seq.)
- Requires an applicant for or recipient of public social services to file his or her request for a hearing within 90 days after the order or action complained of. (WIC 10951)
- Requires the department to set the hearing within 30 working days after the request is filed, and to notify all parties at least 10 days prior to the hearing of the time and place of the hearing. (WIC 10952)
- Limits the issues as a state hearing to those that are reasonably related to the request for hearing or other issues that have been identified by either party and mutually agreed upon, as specified. (WIC 10958.1)
- Requires a public or private agency to make a mandated position statement available not less than two working days prior to the date of a hearing, and further requires that the private or public agency make a copy of the agency's position statement available to the applicant or recipient at the county welfare department. (WIC 10952.5)
- Mandates that, in the event a public or private agency does not make the position statement available not less than two working days prior to the hearing or the agency decides to modify the position statement, the hearing shall be postponed upon the request of the applicant or recipient. (WIC 10952.5)
- Provides that a hearing award, if the decision is in favor of the applicant or recipient, shall be determined within 30 days of the date of the hearing decision, and requires the county and the claimant to be notified of the determination regarding the county's compliance with the decision. (WIC 10961)
- Requires each county to establish and maintain a case record for each public social services case for a period of three years from the date on which public social services were last provided, as specified. (WIC 10851)
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8., negligible state costs
COMMENTS:
State public hearings: State laws and regulations spell out the basic benefits and services provided to low-income individuals and families that fit within the public social services programs for which a state hearing can be requested. These programs include, among others, CalWORKs, the State-administered programs for recipients of Supplemental Security Income/State Supplementary Payment (SSI/SSP), CalFresh, Medi-Cal, California Assistance Program for Immigrants (CAPI), Kinship Guardian Assistance Program (Kin-GAP), Aid to Families with Dependent Children (AFDC)-Foster Care, and California Food Assistance Program (CFAP).
Under current law, an applicant or recipient of public social services can request a state hearing to contest an action taken by the county that the applicant or recipient believes is unjust or inappropriate, such as a recipient's denial of benefits, aid, or services, or denial of an applicant's program eligibility. Current law and regulations set forth timeframes for requesting a state hearing and adjudication of the complaint, in addition to county requirements to send notices pertaining to the hearing.
Need for this bill: According to the author, "Current law limits the availability of State hearing documents because the documents can only be picked up at the County [welfare department]. The inability to access hearing documents electronically imposes additional transportation costs on low-income persons, especially those living in rural areas."
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089 FN: 0004732
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2346
:
SENATE HUMAN SERVICES COMMITTEE: 5-0, 6/28/16
AYES: McGuire, Berryhill, Hancock, Liu, Nguyen
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 76-0, 5/23/16 - See last page for vote
SOURCE: Coalition of California Welfare Rights Organization
DIGEST: This bill requires specified position statements related to state hearings to be made available at county welfare departments, or via United States mail, or, upon request, electronically, as specified. The bill exempts, for a specified period, a public or private agency from providing electronic copies of the positions statement if it submits a report to the California Department of Social Services (CDSS) by December 31 of each year.
Senate Floor Amendments of 8/18/16 clarify that specified position statements must be made available at county welfare departments, or via United States mail, or through electronic means, upon request. The amendments also require that position statements delivered through electronic means must be delivered through secure electronic means, if secure delivery is required by state or federal privacy laws. The amendments also create uniform standards for all departments by deleting language that exempted the Department of Public Health and the Department of Health Care Services (DHCS) from certain parts of the bill and by deleting the requirement that DHCS must provide position statements through electronic means to the individual applicant or recipient and to CDSS not less than two business days before a scheduled hearing.
Existing law:
- Requires CDSS and DHCS to hold a fair hearing in the event that an applicant for or recipient of public social services is dissatisfied with any action of a county department, as specified. (WIC 10950 et seq.)
- Requires an applicant for or recipient of public social services to file his or her request for a hearing within 90 days after the order or action on which the request for a hearing is based. (WIC 10951)
- Requires CDSS to set the hearing within 30 working days after the request is filed, and to notify all parties at least 10 days prior to the hearing of the time and place of the hearing. (WIC 10952)
- Requires a public or private agency to make available a mandated position statement concerning issues raised at the hearing not less than two working days prior to the date of a hearing, and further requires that the private or public agency make a copy of the agency's position statement available to the applicant or recipient at the county welfare department. (WIC 10952.5)
- Mandates that, if a public or private agency does not make the position statement available not less than two working days prior to the hearing or the agency decides to modify the position statement, the hearing shall be postponed upon the request of the applicant or recipient. (WIC 10952.5)
- Exempts DHCS from requirements to make position statements available. (WIC 10952.5)
- Limits the issues at a state hearing to those that are reasonably related to the request for hearing or other issues that have been identified by either party and mutually agreed upon, as specified. (WIC 10958.1)
- Provides that a hearing award, if the decision is in favor of the applicant or recipient, shall be determined within 30 days of the date of the hearing decision, and requires the county and the claimant to be notified of the determination regarding the county's compliance with the decision. (WIC 10961)
This bill:
- Requires a public or private agency to make its positions statement available to the applicant or recipient at the county welfare department, or via United States mail, or, upon request, through electronic means, as specified.
- Requires that, if the applicant or recipient requests a position statement to be delivered through electronic means, the position statement shall be delivered through secure electronic means, if required by state or federal privacy laws.
- Stipulates that a public or private agency is not required to make a copy of its position statement available electronically if it has submitted a report to the CDSS detailing the barriers to providing position statements electronically, and what steps the agency is taking to address these barriers, as specified.
- Makes other technical changes.
Background
State laws and regulations define the benefits and services provided to low-income individuals and families that receive public social services from programs for which state hearings can be requested. These programs include, but are not limited to, CalWORKs, CalFresh, the Supplemental Security Income/State Supplementary Payment (SSI/SSP), Medi-Cal, and California Assistance Program for Immigrants.
These programs are generally administered at the county level. Under current law, an applicant or recipient of public social services can request a state hearing if they are dissatisfied with any action of the county relating to his or her application or receipt of public social services. An applicant can also request a hearing if the application is not acted upon with reasonable promptness. Current law and regulations set forth timeframes for requesting a state hearing and adjudication of the complaint, in addition to county requirements to send notices pertaining to the hearing. Applicants and recipients must file a request with the CDSS or the DHCS, whichever department administers the public social service.
CDSS’s State Hearings Division is responsible for conducting these hearings in order to resolve disputes of applicants and recipients of public social services in an impartial, independent, fair, and timely manner, while ensuring that due process is met in accordance with federal and state law. Data provided by CDSS shows that the State Hearings Division is projected to receive more than 100,000 requests for hearings in FY 2015-16 and FY 2016-17.
Appeals Case Management System
According to CDSS, the secure electronic notifications technology called for in AB 2346 will be available on a statewide basis when CDSS’s new Appeals Case Management System (ACMS) is launched. CDSS and the Office of System Integration are currently working to develop the ACMS which will allow claimants, their authorized representatives, counties, departments, and respondents to securely upload and download documents, such as the Statement of Position. The new system is reportedly designed to meet Health Insurance Portability and Accountability Act and language requirements. It will include a portal for individuals to request hearings, check their hearing or case status and access case information. ACMS is currently projected to launch in mid-2018 and will integrate intake, scheduling and reporting of cases.
Related/Prior Legislation
AB 617 (Nazarian, Chapter 869, Statutes of 2014) established an appeals process for eligibility or enrollment determinations and redeterminations for insurance affordability programs, as defined, or exemption determinations within Covered California’s jurisdiction. The bill also required CDSS to conduct the appeal hearings.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Coalition of California Welfare Rights Organization (source)
Housing California
None received
ARGUMENTS IN SUPPORT: According to the sponsor, current law limits the availability of state hearing documents because the documents can only be picked up at the county welfare offices. This inability to access hearing documents electronically imposes additional transportation costs on low-income persons, especially those living in rural areas.
ASSEMBLY FLOOR: 76-0, 5/23/16
AYES: Achadjian, Alejo, Travis Allen, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Wood, Rendon
NO VOTE RECORDED: Arambula, Eggman, Patterson, Williams
8/19/16 18:44:32
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2346
:
SENATE HUMAN SERVICES COMMITTEE: 5-0, 6/28/16
AYES: McGuire, Berryhill, Hancock, Liu, Nguyen
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 76-0, 5/23/16 - See last page for vote
SOURCE: Coalition of California Welfare Rights Organization
DIGEST: This bill requires specified position statements related to state hearings to be made available electronically upon request no less than two days prior to the date of a hearing, unless specified steps are taken.
Existing law:
- Requires the California Department of Social Services (CDSS) and the Department of Health Care Services (DHCS) to hold a fair hearing in the event that an applicant for or recipient of public social services is dissatisfied with any action of a county department, as specified. (WIC 10950 et seq.)
- Requires an applicant for or recipient of public social services to file his or her request for a hearing within 90 days after the order or action on which the request for a hearing is based. (WIC 10951)
- Requires CDSS to set the hearing within 30 working days after the request is filed, and to notify all parties at least 10 days prior to the hearing of the time and place of the hearing. (WIC 10952)
- Requires a public or private agency to make available a mandated position statement concerning issues raised at the hearing not less than two working days prior to the date of a hearing, and further requires that the private or public agency make a copy of the agency's position statement available to the applicant or recipient at the county welfare department. (WIC 10952.5)
- Mandates that, if a public or private agency does not make the position statement available not less than two working days prior to the hearing or the agency decides to modify the position statement, the hearing shall be postponed upon the request of the applicant or recipient. (WIC 10952.5)
- Exempts DHCS from requirements to make position statements available. (WIC 10952.5)
- Limits the issues at a state hearing to those that are reasonably related to the request for hearing or other issues that have been identified by either party and mutually agreed upon, as specified. (WIC 10958.1)
- Provides that a hearing award, if the decision is in favor of the applicant or recipient, shall be determined within 30 days of the date of the hearing decision, and requires the county and the claimant to be notified of the determination regarding the county's compliance with the decision. (WIC 10961)
This bill:
- Requires a public or private agency to make its positions statement available to the applicant or recipient at the county welfare department, via United States mail, or, upon request, through electronic means, as specified.
- Requires that, if the applicant or recipient requests a position statement that contains personal identifying information to be delivered through electronic means, the position statement shall be delivered through secure electronic means, as specified.
- Requires the DHCS to make its position statement available to the applicant or recipient and to the CDSS through electronic means not less than two business days before the scheduled hearing.
- Stipulates that a public or private agency is not required to make a copy of its position statement available electronically if it has submitted a report to the CDSS detailing the barriers to providing position statements electronically, and what steps the agency is taking to address these barriers, as specified.
- Makes other technical changes.
Background
State laws and regulations define the benefits and services provided to low-income individuals and families that receive public social services from programs for which state hearings can be requested. These programs include, but are not limited to, CalWORKs, CalFresh, the Supplemental Security Income/State Supplementary Payment (SSI/SSP), Medi-Cal, and California Assistance Program for Immigrants.
These programs are generally administered at the county level. Under current law, an applicant or recipient of public social services can request a state hearing if they are dissatisfied with any action of the county relating to his or her application or receipt of public social services. An applicant can also request a hearing if the application is not acted upon with reasonable promptness. Current law and regulations set forth timeframes for requesting a state hearing and adjudication of the complaint, in addition to county requirements to send notices pertaining to the hearing. Applicants and recipients must file a request with the CDSS or the DHCS, whichever department administers the public social service.
CDSS’s State Hearings Division is responsible for conducting these hearings in order to resolve disputes of applicants and recipients of public social services in an impartial, independent, fair, and timely manner, while ensuring that due process is met in accordance with federal and state law. Data provided by CDSS shows that the State Hearings Division is projected to receive more than 100,000 requests for hearings in FY 2015-16 and FY 2016-17.
Appeals Case Management System
According to CDSS, the secure electronic notifications technology called for in AB 2346 will be available on a statewide basis when CDSS’s new Appeals Case Management System (ACMS) is launched. CDSS and the Office of System Integration are currently working to develop the ACMS which will allow claimants, their authorized representatives, counties, departments, and respondents to securely upload and download documents, such as the Statement of Position. The new system is reportedly designed to meet Health Insurance Portability and Accountability Act (HIPPA) and language requirements. It will include a portal for individuals to request hearings, check their hearing or case status and access case information. ACMS is currently projected to launch in mid-2018 and will integrate intake, scheduling and reporting of cases.
Related/Prior Legislation
AB 617 (Nazarian, Chapter 869, Statutes of 2014) established an appeals process for eligibility or enrollment determinations and redeterminations for insurance affordability programs, as defined, or exemption determinations within Covered California’s jurisdiction. The bill also required CDSS to conduct the appeal hearings.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Coalition of California Welfare Rights Organization (source)
Housing California
None received
ARGUMENTS IN SUPPORT: According to the sponsor, current law limits the availability of state hearing documents because the documents can only be picked up at the county welfare offices. This inability to access hearing documents electronically imposes additional transportation costs on low-income persons, especially those living in rural areas.
ASSEMBLY FLOOR: 76-0, 5/23/16
AYES: Achadjian, Alejo, Travis Allen, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Wood, Rendon
NO VOTE RECORDED: Arambula, Eggman, Patterson, Williams
8/3/16 18:36:26
**** END ****
SENATE COMMITTEE ON HUMAN SERVICES
Senator McGuire, Chair
2015 - 2016 Regular
Bill No: AB 2346
Author: | Baker | ||
Version: | March 31, 2016 | Hearing Date: | June 28, 2016 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Taryn Smith | ||
Subject: Public social services: hearings
SUMMARY
This bill requires specified position statements related to state hearings to be made available electronically no less than two days prior to the date of a hearing, unless specified steps are taken by a county.
ABSTRACT
Existing law:
- Requires the California Department of Social Services (CDSS) and the Department of Health Care Services (DHCS) to hold a fair hearing in the event that an applicant for or recipient of public social services is dissatisfied with any action of a county department, as specified. (WIC) 10950 et seq.)
- Requires an applicant for or recipient of public social services to file his or her request for a hearing within 90 days after the order or action on which the request for a hearing is based. (WIC 10951)
- Requires the department to set the hearing within 30 working days after the request is filed, and to notify all parties at least 10 days prior to the hearing of the time and place of the hearing. (WIC 10952)
- Requires a public or private agency to make available a mandated position statement concerning issues raised at the hearing not less than two working days prior to the date of a hearing, and further requires that the private or public agency make a copy of the agency's position statement available to the applicant or recipient at the county welfare department. (WIC 10952.5)
- Mandates that, if a public or private agency does not make the position statement available not less than two working days prior to the hearing or the agency decides to modify the position statement, the hearing shall be postponed upon the request of the applicant or recipient. (WIC 10952.5)
- Exempts DHCS from requirements to make position statements available. (WIC 10952.5)
- Limits the issues at a state hearing to those that are reasonably related to the request for hearing or other issues that have been identified by either party and mutually agreed upon, as specified. (WIC 10958.1)
- Provides that a hearing award, if the decision is in favor of the applicant or recipient, shall be determined within 30 days of the date of the hearing decision, and requires the county and the claimant to be notified of the determination regarding the county's compliance with the decision. (WIC 10961)
This bill:
- Requires a public or private agency to make its position statement available at the county welfare office and through electronic means.
- Requires the DHCS to make its position statement available to the applicant or recipient and to the CDSS through electronic means not less than two business days before the scheduled hearing.
- Stipulates that a public or private agency is not required to make a copy of its position statement available electronically if it has submitted a report to the CDSS detailing the barriers to providing position statements electronically, and what steps the agency is taking to address these barriers.
- Makes other technical changes.
FISCAL IMPACT
According the Assembly Appropriations Committee, this bill may result in unknown, but potential costs to counties which are not reimbursable. The bill may also generate minor and absorbable costs to CDSS to annually review any reports sent by public or private agencies explaining why they can't make position statements available electronically. The analysis projects no fiscal impact to CDSS regarding development of the Appeals Case Management System project.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, current law limits the availability of state hearing documents because the documents can only be picked up at the county welfare offices. This inability to access hearing documents electronically imposes additional transportation costs on low-income persons, especially those living in rural areas, per the author.
Public social services – state hearings
State laws and regulations define the benefits and services provided to low-income individuals and families that receive public social services from programs for which state hearings can be requested. These programs include, but are not limited to, CalWORKs, CalFresh, the Supplemental Security Income/State Supplementary Payment, Medi-Cal, and California Assistance Program for Immigrants.
These programs are generally administered at the county level. Under current law, an applicant or recipient of public social services can request a state hearing if they are dissatisfied with any action of the county relating to his or her application or receipt of public social services. An applicant can also request a hearing if the application is not acted upon with reasonable promptness. Current law and regulations set forth timeframes for requesting a state hearing and adjudication of the complaint, in addition to county requirements to send notices pertaining to the hearing. Applicants and recipients must file a request with the CDSS or the DHCS, whichever department administers the public social service.
CDSS’s State Hearings Division is responsible for conducting these hearings in order to resolve disputes of applicants and recipients of public social services in an impartial, independent, fair, and timely manner, while ensuring that due process is met in accordance with federal and state law. Data provided by CDSS shows that the State Hearings Division is projected to receive more than 100,000 requests for hearings in FY 2015-16 and FY 2016-17.
Appeals Case Management System
According to CDSS, the secure electronic notifications technology called for in AB 2346 will be available on a statewide basis when CDSS’s new Appeals Case Management System (ACMS) is launched. CDSS and the Office of System Integration are currently working to develop the ACMS which will allow claimants, their authorized representatives, counties, departments, and respondents to securely upload and download documents, such as the Statement of Position. The new system is reportedly designed to meet Health Insurance Portability and Accountability Act (HIPPA) and language requirements. It will include a portal for individuals to request hearings, check their hearing or case status and access case information. ACMS is currently projected to launch in mid-2018 and will integrate intake, scheduling and reporting of cases.
COMMENTS:
Current law does not prohibit or require position statements to be made available electronically or via US mail. However, some counties provide positions statements via email upon request. Additionally, DHCS reports that its procedures call for mailing position statements via certified US mail 10 days prior to a hearing.
The following amendments are suggested in response to concerns that the bill would require counties and state agencies to provide personal identifying information and other sensitive information via electronic means might jeopardize privacy rights and potentially violate HIPPA requirements. These amendments would allow the entities to provide the position statements in person, via US mail or via email, upon request. Additionally, in anticipation of CDSS’s new statewide Appeals Case Management System, the amendments would make provisions that allow entities to opt out of electronic notifications inoperable when the new Appeals Case Management System is fully operational. Therefore, the committee recommends the following amendments:
WIC 10952.5.
(a) If regulations require a public or private agency to write a position statement concerning the issues in question in a fair hearing, or if the public or private agency chooses to develop that statement, not less than two business days before the date of a hearing provided for pursuant to this chapter, the public or private agency shall make available to the applicant for, or recipient of, public social services requesting a fair hearing, a copy of the public or private agency’s position statement on the forthcoming hearing. The public or private agency shall make the copy available to the applicant or recipient, upon request, at the county welfare department, via US mail, or and through electronic means. If the applicant or recipient requests the position statement to be delivered via electronic means and the position statement contains personal identifying information, the position statement must be delivered via secure electronic means, except as provided for in subsection (d). A public or private agency shall be required to comply with this section only if the public or private agency has received a 10-day prior notice of the date and time of the scheduled hearing.
(b) If the public or private agency does not make the position statement available not less than two business days before the hearing or if the public or private agency decides to modify the position statement, the hearing shall be postponed upon the request of the applicant or recipient, if an applicant or recipient agrees to waive the right to obtain a decision on the hearing within the deadline that would otherwise be applicable under regulations. A postponement for reason of the public or private agency not making the position statement available within not less than two business days shall be deemed a postponement for good cause for purposes of determining eligibility to any applicable benefits pending disposition of the hearing.
(c) Subdivisions (a) and (b) shall not apply to the State Department of Health Care Services or the State Department of Public Health, except that the State Department of Health Care Services shall make its position statement available to the applicant or recipient and the State Department of Social Services through electronic means not less than two business days before the scheduled hearing.
(d) A public or private agency shall not be required to make a copy of its position statement available to an applicant or recipient through electronic means if the agency submits a report by December 31 of each year to the State Department of Social Services that includes both of the following:
(1) The barriers the agency has identified that substantially impede or prohibit the electronic provision of hearing documents.
(2) The steps the agency is taking to address these barriers.
(e) Subsection (d) shall become inoperative once the Department of Social Services’ statewide electronic case management system is operational and has the capacity to provide position statements via secure electronic means to claimants.
PRIOR VOTES
Assembly Floor: | 76 - 0 |
Assembly Appropriations Committee: | 20 - 0 |
Assembly Human Services Committee: | 6 - 0 |
POSITIONS
Support:
Coalition of California Welfare Rights Organization (Sponsor)
Housing California
Oppose:
None.
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 2346
Author:(Baker)
As Amended Ver:
Majority vote
Committee | Votes | Ayes | Noes |
Human Services | 6-0 | Bonilla, Calderon, Lopez, Maienschein, Mark Stone, Thurmond | |
Appropriations | 20-0 | Gonzalez, Bigelow, Bloom, Bonilla, Bonta, Calderon, Patterson, Daly, Eggman, Gallagher, Eduardo Garcia, Roger Hernández, Holden, Jones, Obernolte, Quirk, Santiago, Wagner, Weber, Wood |
SUMMARY: Requires specified position statements related to state hearings to be made available electronically no less than two days prior to the date of a hearing, unless specified steps are taken by a county. Specifically, this bill:
- Requires a public or private agency to make its position statement available through electronic means.
- Requires the State Department of Health Care Services (DHCS) to make its position statement available to the applicant or recipient and the Department of Social Services (DSS) through electronic means not less than two business days before the scheduled hearing.
- Stipulates that a public or private agency is not required to make a copy of its position statement available electronically if they have submitted a report to the Department of Social Services detailing the barriers to providing position statements electronically, and what steps the agency is taking to address these barriers.
- Makes technical changes.
EXISTING LAW:
- Requires DSS and DHCS to hold a fair hearings in the event that an applicant for or recipient of public social services is dissatisfied with any action of a county department, as specified. (Welfare and Institutions Code Section (WIC) 10950 et seq.)
- Requires an applicant for or recipient of public social services to file his or her request for a hearing within 90 days after the order or action complained of. (WIC 10951)
- Requires the department to set the hearing within 30 working days after the request is filed, and to notify all parties at least 10 days prior to the hearing of the time and place of the hearing. (WIC 10952)
- Limits the issues as a state hearing to those that are reasonably related to the request for hearing or other issues that have been identified by either party and mutually agreed upon, as specified. (WIC 10958.1)
- Requires a public or private agency to make a mandated position statement available not less than two working days prior to the date of a hearing, and further requires that the private or public agency make a copy of the agency's position statement available to the applicant or recipient at the county welfare department. (WIC 10952.5)
- Mandates that, in the event a public or private agency does not make the position statement available not less than two working days prior to the hearing or the agency decides to modify the position statement, the hearing shall be postponed upon the request of the applicant or recipient. (WIC 10952.5)
- Provides that a hearing award, if the decision is in favor of the applicant or recipient, shall be determined within 30 days of the date of the hearing decision, and requires the county and the claimant to be notified of the determination regarding the county's compliance with the decision. (WIC 10961)
- Requires each county to establish and maintain a case record for each public social services case for a period of three years from the date on which public social services were last provided, as specified. (WIC 10851)
FISCAL EFFECT: According the Assembly Appropriations Committee, this bill may result in:
- Unknown, but potential costs to counties, not reimbursable, to make position statements available electronically or to write a report and submit it to DSS as to why they cannot; and
- Minor and absorbable costs to DSS to annually review any reports sent by public or private agencies explaining why they can't make position statements available electronically; and
- No fiscal impact to DSS regarding the development of the Appeals Case Management System project.
COMMENTS:
State public hearings: State laws and regulations spell out the basic benefits and services provided to low-income individuals and families that fit within the public social services programs for which a state hearing can be requested. These programs include, among others, CalWORKs, the State-administered programs for recipients of Supplemental Security Income/State Supplementary Payment (SSI/SSP), CalFresh, Medi-Cal, California Assistance Program for Immigrants (CAPI), Kinship Guardian Assistance Program (Kin-GAP), Aid to Families with Dependent Children (AFDC)-Foster Care, and California Food Assistance Program (CFAP).
Under current law, an applicant or recipient of public social services can request a state hearing to contest an action taken by the county that the applicant or recipient believes is unjust or inappropriate, such as a recipient's denial of benefits, aid, or services, or denial of an applicant's program eligibility. Current law and regulations set forth timeframes for requesting a state hearing and adjudication of the complaint, in addition to county requirements to send notices pertaining to the hearing.
Need for this bill: According to the author, "Current law limits the availability of State hearing documents because the documents can only be picked up at the County DSS. The inability to access hearing documents electronically imposes additional transportation costs on low-income persons, especially those living in rural areas."
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089 FN: 0003009
6Date of Hearing: May 18, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 2346
Author:(Baker) – As Amended Ver:March 31, 2016
Policy Committee: | Human Services | Vote: | 6 - 0 |
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY: This bill requires specified position statements related to state hearings to be made available electronically no less than two days prior to the date of a hearing. Specifically, this bill:
- Requires a public or private agency to make its position statement available through electronic means.
- Requires the State Department of Health Care Services (DHCS) to make its position statement available to the applicant, or recipient, and the Department of Social Services (DSS) through electronic means not less than two business days before the scheduled hearing.
- Exempts a public or private agency from making a copy of its position statement available to an applicant or recipient through electronic means if the agency submits a report by December 31 of each year to DSS that includes agency- identified barriers to doing so and the steps the agency has taken to address these barriers.)
FISCAL EFFECT:
- Unknown, but potential costs to counties, not reimbursable, to make position statements available electronically or to write a report and submit it to DSS as to why they cannot.
- Minor and absorbable costs to DSS to annually review any reports sent by public or private agencies explaining why they can't make position statements available electronically.
- No fiscal impact to DSS regarding the development of the Appeals Case Management System (ACMS) project.
COMMENTS:
- Purpose. According to the author, “Current law limits the availability of State hearing documents because the documents can only be picked up at the county welfare department. The inability to access hearing documents electronically imposes additional transportation costs on low-income persons, especially those living in rural areas.”
While hearings are no longer conducted exclusively in person and may occur over the phone in some rural counties, applicants for, or recipients of, public social services must still drive to the county welfare office to obtain hearing materials. This bill seeks to address this issue by requiring public and private agencies to make hearing materials available electronically to recipients.
- Background. Existing law allows an applicant or recipient of public social services to request a state hearing to contest an action taken by the county that the applicant or recipient believes is unjust or inappropriate, such as a recipient's denial of benefits, aid, or services, or denial of an applicant's program eligibility. Current law and regulations set forth timeframes for requesting a state hearing and adjudication of the complaint, in addition to county requirements to send notices pertaining to the hearing.
DSS annually holds about 100,000 human services hearings regarding DSS services to claimants. About 10% or 10,000 cases are held in rural counties. Most rural county hearings are scheduled as telephone hearings to save DSS money by not requiring judges to drive to remote areas. While judges are not required to travel, claimants in these state hearings are required to go to their county department of social services in person to get a copy of the County’s Statement of Position in preparation for a hearing.
- The Appeals Case Management System (ACMS) Project. The ACMS for state fair hearings is being developed by OSI and scheduled to be implemented in 2018. The system will integrate intake, scheduling and reporting of cases. The ACMS will allow claimants and their authorized representatives, counties, departments, respondents to hearings to securely upload and download documents, such as the Statement of Position. It will include a portal for individuals to request hearings, check their hearing/case status and access case information.
The total budget of the project is $18.9 million (approximately $9.8 million GF) for FY 2014-15 through 1 year after implementation, FY 2019-20. The cost is allocated across programs for which DSS holds hearings by share of workload. Staff notes that when up and running, this system will be available to individuals to obtain hearing information, including obtaining electronically, the information required in this bill. The system will be available to counties, but they will not be required to use it.
- County Options. In the meanwhile, to meet the requirements of this bill, an agency can implement its own electronic system using, for example, secure email or a secure website. Or, if an agency prefers to wait for ACMS, or is not equipped to implement a secure system, an agency can submit a report to DSS explaining why it is not able to provide documents electronically. There is no limit in the bill as to the number of years an agency may submit a report to DSS. It is unknown what option any particular public agency will choose and it will likely vary be county.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: March 29, 2016
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Susan Bonilla, Chair
ABPCA Bill Id:AB 2346 (
Author:Baker) – As Introduced Ver:February 18, 2016
SUBJECT: Public social services: hearings
SUMMARY: Requires specified position statements related to state hearings to be made available electronically no less than two days prior to the date of a hearing.
Specifically, this bill:
- Requires a public or private agency to make its position statement available through electronic means.
- Requires the State Department of Health Care Services (DHCS) to make its position statement available to the applicant or recipient and the Department of Social Services through electronic means not less than two business days before the scheduled hearing.
- Makes technical changes.
EXISTING LAW:
- Requires DSS and DHCS to hold a fair hearings in the event that an applicant for or recipient of public social services is dissatisfied with any action of a county department, as specified. (WIC 10950 et seq.)
- Requires an applicant for or recipient of public social services to file his or her request for a hearing within 90 days after the order or action complained of. (WIC 10951)
- Requires the department to set the hearing within 30 working days after the request is filed, and to notify all parties at least 10 days prior to the hearing of the time and place of the hearing. (WIC 10952)
- Limits the issues as a state hearing to those that are reasonably related to the request for hearing or other issues that have been identified by either party and mutually agreed upon, as specified. ( WIC 10958.1)
- Requires a public or private agency to make a mandated position statement available not less than two working days prior to the date of a hearing, and further requires that the private or public agency make a copy of the agency’s position statement available to the applicant or recipient at the county welfare department. (WIC 10952.5)
- Mandates that, in the event a public or private agency does not make the position statement available not less than two working days prior to the hearing or the agency decides to modify the position statement, the hearing shall be postponed upon the request of the applicant or recipient. (WIC 10952.5)
- Provides that a hearing award, if the decision is in favor of the applicant or recipient, shall be determined within 30 days of the date of the hearing decision, and requires the county and the claimant to be notified of the determination regarding the county’s compliance with the decision. (WIC 10961)
- Requires each county to establish and maintain a case record for each public social services case for a period of three years from the date on which public social services were last provided, as specified. (WIC 10851)
FISCAL EFFECT: Unknown.
COMMENTS:
State public hearings: State laws and regulations spell out the basic benefits and services provided to low-income individuals and families that fit within the public social services programs for which a state hearing can be requested. These programs include, among others, CalWORKs, the State-administered programs for recipients of SSI/SSP, CalFresh, Medi-Cal, California Assistance Program for Immigrants (CAPI), Kinship Guardian Assistance Program (Kin-GAP), Aid to Families with Dependent Children (AFDC)-Foster Care, and California Food Assistance Program (CFAP).
Under current law, an applicant or recipient of public social services can request a state hearing to contest an action taken by the county that the applicant or recipient believes is unjust or inappropriate, such as a recipient's denial of benefits, aid, or services, or denial of an applicant's program eligibility. Current law and regulations set forth timeframes for requesting a state hearing and adjudication of the complaint, in addition to county requirements to send notices pertaining to the hearing.
Need for this bill: According to the author, “Current law limits the availability of State hearing documents because the documents can only be picked up at the County DSS. The inability to access hearing documents electronically imposes additional transportation costs on low-income persons, especially those living in rural areas.”
Staff comments: Sponsors of this bill assert that the inability of individuals to access hearing documents electronically imposes additional transportation costs on low-income persons, especially those living in rural areas. According to the Coalition of California Welfare Rights Organizations, the sponsor of this bill, while hearings are no longer conducted exclusively in person and may occur over the phone in some rural counties, applicants for or recipients of public social services must still drive to the county welfare office to obtain hearing materials. This bill seeks to address these issues by requiring public and private agencies to make hearing materials available electronically to recipients.
However, the County Welfare Directors Association (CWDA) has raised concerns regarding the ability of counties to deliver Statements of Position (SOP) electronically, citing privacy concerns and effectiveness of electronic delivery. According to CWDA, some SOPs may contain personally identifying information and can therefore only be sent using secure mail. In addition to this, CWDA asserts that claimants often do not open or review SOPs sent via electronic mail; a majority of the hearing may then be spent discussing the SOP.
These concerns may be mitigated by permitting county welfare agencies that are unable to comply with the provisions of this bill to opt out of delivering SOPs electronically by submitting an annual report to the Department of Social Services detailing both why the agency is unable to provide materials electronically, and what steps it is taking to move towards electronic access. Therefore, committee staff suggests the following amendments, starting after line 31 on page 2 of the bill:
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(b) If the public or private agency does not make the position
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statement available not less than two working days prior to business
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days before the hearing or if the public or private agency decides
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to modify the position statement, the hearing shall be postponed
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upon the request of the applicant or recipient, provided if an
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applicant or recipient agrees to waive the right to obtain a decision
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on the hearing within the deadline that would otherwise be
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applicable under regulations. A postponement for reason of the
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public or private agency not making the position statement
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available within not less than two working business days shall be
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deemed a postponement for good cause for purposes of determining
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eligibility to any applicable benefits pending disposition of the
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hearing.
(c)A public or private agency shall not be required to comply with the requirements of this section provided the agency submits a report, by December 31st of each year, to the Department of Social Services that includes both of the following: (1) barriers the agency has identified that substantially impede or prohibit electronic provision of hearing documents; and (2) what steps the agency is taking to address these barriers. .
REGISTERED SUPPORT / OPPOSITION:
Support
Coalition of California Welfare Rights Organizations (CCWRO) – sponsor
Opposition
None on file.
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089
Discussed in Hearing
1MIN
Assembly Floor
3MIN
Senate Floor
16MIN
Senate Standing Committee on Human Services
2MIN
Assembly Floor
1MIN
Assembly Standing Committee on Appropriations
5MIN
Assembly Standing Committee on Human Services
Bill Author
Bill Co-Author(s):
