AB 474: Public social services: SSI/SSP.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-04-07
Existing law provides for the State Supplementary Program for the Aged, Blind and Disabled (SSP), which requires the State Department of Social Services to contract with the United States Secretary of Health and Human Services to make payments to SSP recipients to supplement Supplemental Security Income (SSI) payments made available pursuant to the federal Social Security Act.
Under existing law, benefit payments under the SSP are calculated by establishing the maximum level of nonexempt income and federal SSI and state SSP benefits for each category of eligible recipient. The state SSP payment is the amount, when added to the nonexempt income and SSI benefits available to the recipient, which would be required to provide the maximum benefit payment.
This bill, for the 201516 fiscal year, and annually thereafter, would require the state maximum SSP grant for individuals to be readjusted and increased so that the state SSP payment and federal SSI payment, when combined, equal 112% of the federal poverty level. By increasing the amount of SSP payments, which are expended from a continuously appropriated fund, the bill would make an appropriation.
Existing law prohibits a licensee of a long-term health care facility from discriminating or retaliating in any manner against a complainant, or a patient or employee in its facility, based on the presentation of a grievance or complaint or activities related to a specified investigation or proceeding at the facility. Existing law makes the willful violation of these provisions punishable as a crime.
This bill would expand the antiretaliation protections to apply to all health care workers of a long-term health care facility. The bill would increase the civil penalties and criminal penalties that apply to licensees who violate the provisions. The bill would also specify that a complainant who has been discriminated against may recover attorneys fees and other legal costs.
Because this bill would expand the scope of a crime, it would impose a state-mandated local program.
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 no reimbursement is required by this act for a specified reason.
Existing law prohibits a licensee of a long-term health care facility from discriminating or retaliating in any manner against a complainant, or a patient or employee in its facility, based on the presentation of a grievance or complaint or activities related to a specified investigation or proceeding at the facility. Existing law makes the willful violation of these provisions punishable as a crime.
This bill would expand the antiretaliation protections to apply to all health care workers of a long-term health care facility. The bill would increase the civil penalties and criminal penalties that apply to licensees who violate the provisions. The bill would also specify that a complainant who has been discriminated against may recover attorneys fees and other legal costs.
Because this bill would expand the scope of a crime, it would impose a state-mandated local program.
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 no reimbursement is required by this act for a specified reason.
Notwithstanding any other law, for the 201516 fiscal year, and annually thereafter, the state maximum SSP grant for individuals shall be readjusted and increased so that the state SSP payment and federal SSI payment, when combined, shall equal 112 percent of the federal poverty level.
SECTION 1.Section 1432 of the Health and Safety Code is amended to read:1432.(a) (1)A licensee shall not discriminate or retaliate in any manner against a complainant, patient, employee, member of the medical staff, or any other health care worker of the long-term health care facility, on the basis or for the reason that the person has done either of the following:
(A)Presented a grievance, complaint, or report to the facility, to an entity or agency responsible for accrediting or evaluating the facility or the medical staff of the facility, or to any other governmental entity.
(B)Initiated, participated, or cooperated in an investigation or administrative proceeding related to the quality of care, services, or conditions at the facility that is carried out by an entity or agency responsible for accrediting or evaluating the facility or its medical staff, or any other governmental entity.
(2)An entity that owns or operates a long-term health care facility shall not discriminate or retaliate against a person because that person has taken an action described in this subdivision.
(3)A violation of this section is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000). The civil penalty shall be assessed and recovered through the same administrative process set forth in Chapter 2.4 (commencing with Section 1417).
(b) An attempt to expel a patient from a long-term health care facility, or any type of discriminatory treatment of a patient by whom, or upon whose behalf, a grievance or complaint has been submitted, directly or indirectly, to a governmental entity or received by a long-term health care facility administrator or any proceeding instituted under or related to this chapter within 180 days of the filing of the complaint or the institution of the action, shall raise a rebuttable presumption that the action was taken by the licensee in retaliation for the filing of the complaint.
(c) (1)An attempt to terminate the employment, or other discriminatory treatment, of an employee, complainant, patient, member of the medical staff, or any other health care worker who has presented a grievance or complaint or has initiated, participated, or cooperated in an investigation or proceeding of a governmental entity as specified in subdivision (a), where the facility or licensee had knowledge of the employee, complainant, patient, member of the medical staff, or any other health care workers initiation, participation, or cooperation, shall raise a rebuttable presumption that the action was taken by the licensee in retaliation if it occurs within 120 days of the filing of the grievance or complaint, or the institution of the action.
(2)For purposes of this section, discriminatory treatment of an employee, member of the medical staff, or any other health care worker includes, but is not limited to, discharge, demotion, suspension, or an unfavorable change in, or breach of, the terms or conditions of a contract, employment, or privileges of the employee, member of the medical staff, or any other health care worker of the health care facility, or the threat of any of these actions.
(d) Presumptions provided for in subdivisions (b) and (c) are presumptions affecting the burden of producing evidence as provided in Section 603 of the Evidence Code.
(e) If the civil penalty assessed is one thousand dollars ($1,000) or less, the violation shall be issued and enforced in the same manner as a class B violation, except in no case shall the penalty be trebled. If the civil penalty assessed is in excess of one thousand dollars ($1,000), the violation shall be issued and enforced in the same manner as a class A violation, except in no case shall the penalty be trebled.
(f) A person who willfully violates this section is guilty of an infraction punishable by a fine of not more than twenty thousand dollars ($20,000).
(g) A licensee who violates this section is subject to a civil penalty or a criminal fine, but not both.
(h) A long-term health care facility shall prominently post in a facility location accessible to staff, patients, and visitors written notice of the right to request an inspection pursuant to Section 1419, the procedure for doing so, including the right to remain anonymous, and the prohibition against retaliation.
(i)(1)An employee who has been discriminated against in employment pursuant to this section is entitled to reinstatement, reimbursement for lost wages and work benefits caused by the acts of the employer, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law.
(2)A health care worker who has been discriminated against pursuant to this section is entitled to reinstatement, reimbursement for lost income, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law.
(3)A member of the medical staff who has been discriminated against pursuant to this section is entitled to reinstatement, reimbursement for lost income resulting from a change in the terms or conditions of his or her privileges caused by the acts of the facility or the entity that owns or operates the facility or any other health facility that is owned or operated by that entity, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law.
(4)For purposes of this subdivision, legal costs means attorneys fees, litigation costs, and expert witness fees incurred in the litigation.
(j)For purposes of this section, long-term health care facility means a facility defined under Section 1418, including, but not limited to, the facilitys administrative personnel, employees, boards, and committees of the board, and medical staff.
(k)For purposes of this section, complainant means a person who has filed a complaint, as defined in Section 1420.
(l)This section does not abrogate or limit any other theory of liability or remedy otherwise available at law.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a) No (1)A licensee shall not discriminate or retaliate in any manner against any a complainant, or any patient or employee in its patient, employee, member of the medical staff, or any other health care worker of the long-term health care facility, on the basis or for the reason that the complainant, patient, employee, or any other person has presented a grievance or complaint, or has initiated or cooperated in any investigation or proceeding of any governmental entity relating to care, services, or conditions at that facility. A licensee who violates this section is subject to a civil penalty of no more than ten thousand dollars ($10,000), to be assessed by the director and collected in the manner provided in Section 1430. done either of the following:
(A)Presented a grievance, complaint, or report to the facility, to an entity or agency responsible for accrediting or evaluating the facility or the medical staff of the facility, or to any other governmental entity.
(B)Initiated, participated, or cooperated in an investigation or administrative proceeding related to the quality of care, services, or conditions at the facility that is carried out by an entity or agency responsible for accrediting or evaluating the facility or its medical staff, or any other governmental entity.
(2)An entity that owns or operates a long-term health care facility shall not discriminate or retaliate against a person because that person has taken an action described in this subdivision.
(3)A violation of this section is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000). The civil penalty shall be assessed and recovered through the same administrative process set forth in Chapter 2.4 (commencing with Section 1417).
(b) Any An attempt to expel a patient from a long-term health care facility, or any type of discriminatory treatment of a patient by whom, or upon whose behalf, a grievance or complaint has been submitted, directly or indirectly, to any a governmental entity or received by a long-term health care facility administrator or any proceeding instituted under or related to this chapter within 180 days of the filing of the complaint or the institution of the action, shall raise a rebuttable presumption that the action was taken by the licensee in retaliation for the filing of the complaint.
(c) Any (1)An attempt to terminate the employment, or other discriminatory treatment, of any an employee, complainant, patient, member of the medical staff, or any other health care worker who has presented a grievance or complaint or has initiated, participated, or cooperated in any an investigation or proceeding of any a governmental entity as specified in subdivision (a), and where the facility or licensee had knowledge of the employees employee, complainant, patient, member of the medical staff, or any other health care workers initiation, participation, or cooperation, shall raise a rebuttable presumption that the action was taken by the licensee in retaliation if it occurs within 120 days of the filing of the grievance or complaint, or the institution of the action.
(2)For purposes of this section, discriminatory treatment of an employee, member of the medical staff, or any other health care worker includes, but is not limited to, discharge, demotion, suspension, or an unfavorable change in, or breach of, the terms or conditions of a contract, employment, or privileges of the employee, member of the medical staff, or any other health care worker of the health care facility, or the threat of any of these actions.
(d) Presumptions provided for in subdivisions (b) and (c) shall be are presumptions affecting the burden of producing evidence as provided in Section 603 of the Evidence Code.
(e) Where If the civil penalty assessed is one thousand dollars ($1,000) or less, the violation shall be issued and enforced in the same manner as a class B violation, except in no case shall the penalty be trebled. Where If the civil penalty assessed is in excess of one thousand dollars ($1,000), the violation shall be issued and enforced in the same manner as a class A violation, except in no case shall the penalty be trebled.
(f) Any A person who willfully violates this section is guilty of an infraction punishable by a fine of not more than ten twenty thousand dollars ($10,000) ($20,000).
(g) A licensee who violates this section is subject to a civil penalty or a criminal fine, but not both.
(h) Each A long-term health care facility shall prominently post in a facility location accessible to staff, patients, and visitors written notice of the right to request an inspection pursuant to Section 1419, the procedure for doing so, including the right to remain anonymous, and the prohibition against retaliation.
(i)(1)An employee who has been discriminated against in employment pursuant to this section is entitled to reinstatement, reimbursement for lost wages and work benefits caused by the acts of the employer, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law.
(2)A health care worker who has been discriminated against pursuant to this section is entitled to reinstatement, reimbursement for lost income, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law.
(3)A member of the medical staff who has been discriminated against pursuant to this section is entitled to reinstatement, reimbursement for lost income resulting from a change in the terms or conditions of his or her privileges caused by the acts of the facility or the entity that owns or operates the facility or any other health facility that is owned or operated by that entity, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law.
(4)For purposes of this subdivision, legal costs means attorneys fees, litigation costs, and expert witness fees incurred in the litigation.
(j)For purposes of this section, long-term health care facility means a facility defined under Section 1418, including, but not limited to, the facilitys administrative personnel, employees, boards, and committees of the board, and medical staff.
(i)
(k)For purposes of this section, complainant means any a person who has filed a complaint, as defined in Section 1420.
(l)This section does not abrogate or limit any other theory of liability or remedy otherwise available at law.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
|
Date
|
Status
|
|---|---|
| Feb 23, 2015 | Read first time. To print. |
| Feb 24, 2015 | From printer. May be heard in committee March 26. |
| Mar 5, 2015 | Referred to Coms. on AGING & L.T.C. and HEALTH. |
| Apr 7, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on AGING & L.T.C. Read second time and amended. |
| Apr 8, 2015 | Re-referred to Com. on AGING & L.T.C. |
| Apr 9, 2015 | Re-referred to Com. on RLS. pursuant to Assembly Rule 96. |
| Apr 13, 2015 | From committee: Be re-referred to Coms. on HUM. S. and BUDGET. (Ayes 11. Noes 0.) (April 13). Re-referred to Com. on HUM. S. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on BUDGET. (Ayes 7. Noes 0.) (April 28). Re-referred to Com. on BUDGET. |
| Jan 31, 2016 | Died pursuant to Article IV, Sec. 10(c) of the Constitution. |
| Feb 1, 2016 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Apr 28, 2015 | Do pass and be re-referred to the Committee on [Budget] | Assembly Standing Committee on Human Services |
Passed |
|
| Apr 13, 2015 | Be re-referred to the Committee on [Human Services] | Assembly Standing Committee on Rules |
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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| 2-1-1 Humboldt | ** Support | May 7, 2015 |
| Access to Independence | ** Support | May 7, 2015 |
| AFSCME Local 3930 | ** Support | May 7, 2015 |
| Alameda County Community Food Bank | ** Support | May 7, 2015 |
| Alameda County Meals on Wheels | ** Support | May 7, 2015 |
| AllCare Alliance | ** Support | May 7, 2015 |
| Antelope Valley Seniors Network | ** Support | May 7, 2015 |
| Bay Area Community Services | ** Support | May 7, 2015 |
| California Alliance For Retired Americans | ** Support | May 7, 2015 |
| California Association Of Area Agencies On Aging | ** Support | May 7, 2015 |
| California Association Of Food Banks | ** Support | May 7, 2015 |
| California Association of Public Authorities | ** Support | May 7, 2015 |
| California Catholic Conference of Bishops | ** Support | May 7, 2015 |
| California Catholic Conference, Inc. California Commission on Aging | ** Support | May 7, 2015 |
| California Commission on Aging | ** Support | May 7, 2015 |
| California Council for the Blind | ** Support | May 7, 2015 |
| California Council Of The Blind | ** Support | May 7, 2015 |
| California Employment Lawyers Association - co-sponsor | ** Support | May 7, 2015 |
| California Food Policy Advocates | ** Support | May 7, 2015 |
| California Foundation For Independent Living Centers | ** Support | May 7, 2015 |
| California Partnership | ** Support | May 7, 2015 |
| California Senior Leaders Alliance | ** Support | May 7, 2015 |
| California Senior Legislature | ** Support | May 7, 2015 |
| Californians for Disability Rights | ** Support | May 7, 2015 |
| Community Resources for Independent Living | ** Support | May 7, 2015 |
| Courage Campaign | ** Support | May 7, 2015 |
| Didi Hirsch Mental Health Services | ** Support | May 7, 2015 |
| Disability Rights California | ** Support | May 7, 2015 |
| Educate. Advocate. | ** Support | May 7, 2015 |
| Feeding America San Diego | ** Support | May 7, 2015 |
| Gray Panthers of San Francisco | ** Support | May 7, 2015 |
| Hunger Action Los Angeles | ** Support | May 7, 2015 |
| Hunger Advocacy Network | ** Support | May 7, 2015 |
| IHSS Consumers Union | ** Support | May 7, 2015 |
| Imperial Valley Food Bank | ** Support | May 7, 2015 |
| Jewish Family Service of Los Angeles | ** Support | May 7, 2015 |
| Jewish Family Service of San Diego | ** Support | May 7, 2015 |
| Jewish Labor Committee Western Region Justice in Aging | ** Support | May 7, 2015 |
| Justice in Aging | ** Support | May 7, 2015 |
| Los Angeles Community Action Network | ** Support | May 7, 2015 |
| Meals on Wheels Greater San Diego | ** Support | May 7, 2015 |
| Mental Healthhookup | ** Support | May 7, 2015 |
| Mercy Brown Bag Program | ** Support | May 7, 2015 |
| National Association of Social Workers, CA Chapter | ** Support | May 7, 2015 |
| Older Women's League Sacramento | ** Support | May 7, 2015 |
| Orange County Food Access Coalition | ** Support | May 7, 2015 |
| Personal Assistance Services Council | ** Support | May 7, 2015 |
| Placer People of Faith Together | ** Support | May 7, 2015 |
| Project Chicken Soup | ** Support | May 7, 2015 |
| Redwood Empire Food Bank | ** Support | May 7, 2015 |
| Resources For Independent Living | ** Support | May 7, 2015 |
| Sacramento regional coalition to end homelessness | ** Support | May 7, 2015 |
| San Diego Hunger Coalition | ** Support | May 7, 2015 |
| San Diego Organizing Project | ** Support | May 7, 2015 |
| San Francisco Senior and Disability Action | ** Support | May 7, 2015 |
| Senior and Disability Action | ** Support | May 7, 2015 |
| Senior Services Coalition of Alameda County | ** Support | May 7, 2015 |
| SF Marin Food Bank | ** Support | May 7, 2015 |
| St. Anthony Foundation | ** Support | May 7, 2015 |
| St. Francis Living Room | ** Support | May 7, 2015 |
| St. Francis Marin Food Bank | ** Support | May 7, 2015 |
| St. Mary's Center | ** Support | May 7, 2015 |
| Tenderloin Housing Clinic | ** Support | May 7, 2015 |
| Thai Community Development Center | ** Support | May 7, 2015 |
| The Resource Connection Food Bank | ** Support | May 7, 2015 |
| Urban & Environmental Policy Institute at Occidental College | ** Support | May 7, 2015 |
| Venice Community Housing Corporation | ** Support | May 7, 2015 |
| Volunteers of East Los Angeles | ** Support | May 7, 2015 |
| Western Center On Law And Poverty Inc. | * Indeterminate | May 7, 2015 |
| Westside Center for Independence Living | ** Support | May 7, 2015 |
| Women Organizing Resources, Knowledge and Services | ** Support | May 7, 2015 |
AB 474
Page 4
Date of Hearing: May 7, 2015
ASSEMBLY COMMITTEE ON BUDGET
Shirley Weber, Chair
AB 474 (
Brown and Thurmond) – As Amended April 7, 2015
SUBJECT: Public social services: SSI/SSP.
SUMMARY: Specifically, this bill:
For the 2015-16 fiscal year, and annually thereafter, would require the state maximum State Supplementary Payment (SSP) grant for individuals to be readjusted and increased so that the state SSP payment and the federal Supplemental Security Income (SSI) payment, when combined, equal 112 percent of the federal poverty level (FPL).
EXISTING LAW: Existing state law creates the Supplemental Security Income/State Supplementary Payment (SSI/SSP) program, which provides a monthly cash benefit to enable needy aged, blind, and disabled people to meet their basic living expenses for food, clothing, and shelter. The state’s General Fund provides the SSP portion of the grant while federal funds pay for the SSI portion of the grant. The 2015-16 Governor’s Budget includes $10.1 billion ($7.3 billion federal funds, $2.8 billion General Fund) for the SSI/SSP program.
FISCAL EFFECT: To increase grants for individuals to 112 percent of the FPL, the state would provide $198 to the maximum grant per month (from a total grant of $900 to $1,098). The marginal grant increase multiplied by 12 months multiplied by 1.073 million individual recipients totals an annual and ongoing cost of approximately $2.5 billion. (Please note that this estimate scenario increases the grant after an already-budgeted federal cost-of-living adjustment (COLA) takes effect on January 1, 2016, discussed below). This change would increase the individual grant on an annual basis from $10,800 to approximately $13,176.
COMMENTS: SSI/SSP Caseload. To be eligible for SSI/SSP, a person must be at least 65 years old, blind, or disabled (including blind or disabled children). A qualified recipient must file an application with the Social Security Administration (SSA). Federal criteria are used to determine eligibility. A qualified SSI recipient is automatically qualified for SSP. To be eligible for SSI and maintain eligibility, a person must meet certain income and resource requirements.
Caseload is estimated to be 1.53 million individual recipients in 2015-16, a 0.6 percent increase over the 2014-15 caseload. This breaks out into 1.073 million individuals in the program and 230,000 couple cases (two persons in each couple). The caseload consists of 27 percent aged, 2 percent blind, and 71 percent disabled persons.
Current Grant Levels. The Governor’s Budget passes through the federal cost-of-living adjustment (COLA) for SSI/SSP recipients, 1.7 percent for 2015 and a projected 1.5 percent for 2016. These changes keep the SSI/SSP grant levels at their minimum as allowed under federal law for both couples and individuals in order for the state to maintain eligibility for Medicaid funding. The grant level that individuals and couples receive varies based on existing income and falling into a specific eligibility category. There are 25 eligibility categories, each with a unique maximum grant level. For purposes of analysis, the administration uses the "maximum" possible grant when we discuss the state of the grants and scenarios for changing the grant. Effective January 1, 2016, maximum grant levels are $900 per month for an individual and $1,512 per month for couples. Today and until December 31, 2015, they are $889 per month for an individual and $1,496 per month for couples.
The chart below from the Legislative Analyst’s Office (LAO) in March 2015 displays the maximum monthly SSI/SSP grant for individuals and couples in 2000-01, as compared to proposed grant levels for 2015–16 (after January 1, 2016).
SSI/SSP Maximum Monthly Grants Then and Now
|
2000-01 |
2015–16 |
Maximum Grant—Individuals |
|
|
SSI |
$531 |
$744 |
SSP |
181 |
156 |
Totals |
$712 |
$900 |
Percent of FPL |
102.3% |
91.8% |
Maximum Grant—Couples |
|
|
SSI |
$796 |
$1,116 |
SSP |
469 |
396 |
Totals |
$1,265 |
$1,512 |
Percent of FPL |
134.9% |
113.9% |
FPL = federal poverty level. |
||
2015 Federal Poverty Level. The chart below displays the 2015 FPL at its 100 percent and 112 percent levels (as proposed to be a minimum level for individual grants in this bill). The FPL is determined by the federal government and the different household levels are displayed for every year at the U.S. Department of Health and Human Services website.
Number of people in a household |
100% FPL |
112% |
One person (Individual) |
$11,770 per year |
$13,182 per year |
Two people |
$15,930 per year |
$17,841 per year |
Other Impacts. If the proposal were adopted, the 230,000 couple cases in the program (equating to 460,000 individuals) would not experience an increase in their monthly grants, both due to the fact that the bill only applies to "individuals" cases and that couples currently receive a combined grant that exceeds 112 percent FPL (as shown in the LAO table above, they are at 113.9 percent FPL in 2015-16).
The Cash Assistance Program for Immigrants (CAPI) provides benefits to aged, blind, and disabled legal immigrants. The CAPI benefits are equivalent to SSI/SSP program benefits, less $10 per individual and $20 per couple. The grant increases for individuals would presumably have an effect for the CAPI grants as well, as these grant levels are statutorily tied. This would increase the cost of the proposal further.
SSI/SSP Advocacy. The Committee has received numerous letters regarding proposed increases in the SSI/SSP grants, though none have been particular to this proposal. Letters in support of SSI/SSP grant increases have been submitted by the Health and Human Services Network, California Advocates for Nursing Home Reform, California Council of the Blind, and Disability Rights California, among other organizations and numerous individuals.
REGISTERED SUPPORT / OPPOSITION:
Support
2-1-1 Humboldt
Access to Independence
Alameda County Community Food Bank
Alameda County Meals on Wheels
AllCare Alliance
Antelope Valley Seniors Network
Bay Area Community Services
California Alliance for Retired Americans
California Association of Area Agencies on Aging
California Association of Public Authorities (CAPA)
California Catholic Conference, Inc.
California Commission on Aging (CCoA)
California Council for the Blind
California Food Policy Advocates (CFPA)
California Foundation for Independent Living Centers (CFILC)
California Hunger Action Coalition
California In-Home Supportive Services Consumer Alliance
California Senior Leaders Alliance (CSLA)
California Senior Legislature
Californians for SSI (CA4SSI)
Californians for Disability Rights, Inc.
Coalition of California Welfare Rights Organizations, Inc.
Community Resources for Independent Living
Courage Campaign
Didi Hirsch Mental Health Services
Disability Rights California
Educate. Advocate.
Feeding America San Diego
Food for People, Inc.
Gray Panthers of San Francisco
Hunger Action Los Angeles
Hunger Advocacy Network
Imperial County Board of Supervisors
Imperial Valley Food Bank
Insight Center for Community Economic Development
Jewish Family Service of Los Angeles (JFS)
Jewish Family Service of San Diego
Jewish Labor Committee Western Region
Justice in Aging
Los Angeles Community Action Network
Meals on Wheels Alameda County
Meals on Wheels Greater San Diego
Mercy Brown Bag Program
Mission for the Homeless, Inc.
Older Women’s League (OWL) Sacramento
Orange County Food Access Coalition
Redwood Empire Food Bank
Resources for Independent Living (RIL)
Sacramento Homeless Organizing Committee
San Diego Hunger Coalition
San Diego Organizing Project (SDOP)
Senior and Disability Action
Senior Services Coalition of Alameda County
SF Marin Food Bank
Southern California Resource Services for Independent Living
St. Anthony Foundation
St. Francis Living Room
St. Francis Marin Food Bank
St. Mary’s Center
Tenderloin Housing Clinic
Thai Community Development Center
The Resource Connection Food Bank
California Council of the blind (CCB)
Urban & Environmental Policy Institute at Occidental College
Venice Community Housing Corporation
Volunteers of East Los Angeles (VELA)
Western Center on Law & Poverty
Women Organizing Resources, Knowledge and Services (WORKS)
Opposition
None on File
Analysis Prepared by: Nicole Vazquez / BUDGET / 916-319-2099
AB 474
Page 3
Date of Hearing: May 7, 2015
ASSEMBLY COMMITTEE ON BUDGET
Shirley Weber, Chair
AB 474 (
Brown) – As Amended April 7, 2015
SUBJECT: Public social services: SSI/SSP.
SUMMARY: Specifically, this bill:
For the 2015-16 fiscal year, and annually thereafter, would require the state maximum State Supplementary Payment (SSP) grant for individuals to be readjusted and increased so that the state SSP payment and the federal Supplemental Security Income (SSI) payment, when combined, equal 112 percent of the federal poverty level (FPL).
EXISTING LAW: Existing state law creates the Supplemental Security Income/State Supplementary Payment (SSI/SSP) program, which provides a monthly cash benefit to enable needy aged, blind, and disabled people to meet their basic living expenses for food, clothing, and shelter. The state’s General Fund provides the SSP portion of the grant while federal funds pay for the SSI portion of the grant. The 2015-16 Governor’s Budget includes $10.1 billion ($7.3 billion federal funds, $2.8 billion General Fund) for the SSI/SSP program.
FISCAL EFFECT: To increase grants for individuals to 112 percent of the FPL, the state would provide $198 to the maximum grant per month (from a total grant of $900 to $1,098). The marginal grant increase multiplied by 12 months multiplied by 1.073 million individual recipients totals an annual and ongoing cost of approximately $2.5 billion. (Please note that this estimate scenario increases the grant after an already-budgeted federal cost-of-living adjustment (COLA) takes effect on January 1, 2016, discussed below). This change would increase the individual grant on an annual basis from $10,800 to approximately $13,176.
COMMENTS: SSI/SSP Caseload. To be eligible for SSI/SSP, a person must be at least 65 years old, blind, or disabled (including blind or disabled children). A qualified recipient must file an application with the Social Security Administration (SSA). Federal criteria are used to determine eligibility. A qualified SSI recipient is automatically qualified for SSP. To be eligible for SSI and maintain eligibility, a person must meet certain income and resource requirements.
Caseload is estimated to be 1.53 million individual recipients in 2015-16, a 0.6 percent increase over the 2014-15 caseload. This breaks out into 1.073 million individuals in the program and 230,000 couple cases (two persons in each couple). The caseload consists of 27 percent aged, 2 percent blind, and 71 percent disabled persons.
Current Grant Levels. The Governor’s Budget passes through the federal cost-of-living adjustment (COLA) for SSI/SSP recipients, 1.7 percent for 2015 and a projected 1.5 percent for 2016. These changes keep the SSI/SSP grant levels at their minimum as allowed under federal law for both couples and individuals in order for the state to maintain eligibility for Medicaid funding. The grant level that individuals and couples receive varies based on existing income and falling into a specific eligibility category. There are 25 eligibility categories, each with a unique maximum grant level. For purposes of analysis, the administration uses the "maximum" possible grant when we discuss the state of the grants and scenarios for changing the grant. Effective January 1, 2016, maximum grant levels are $900 per month for an individual and $1,512 per month for couples. Today and until December 31, 2015, they are $889 per month for an individual and $1,496 per month for couples.
The chart below from the Legislative Analyst’s Office (LAO) in March 2015 displays the maximum monthly SSI/SSP grant for individuals and couples in 2000-01, as compared to proposed grant levels for 2015–16 (after January 1, 2016).
SSI/SSP Maximum Monthly Grants Then and Now
|
2000-01 |
2015–16 |
Maximum Grant—Individuals |
|
|
SSI |
$531 |
$744 |
SSP |
181 |
156 |
Totals |
$712 |
$900 |
Percent of FPL |
102.3% |
91.8% |
Maximum Grant—Couples |
|
|
SSI |
$796 |
$1,116 |
SSP |
469 |
396 |
Totals |
$1,265 |
$1,512 |
Percent of FPL |
134.9% |
113.9% |
FPL = federal poverty level. |
||
2015 Federal Poverty Level. The chart below displays the 2015 FPL at its 100 percent and 112 percent levels (as proposed to be a minimum level for individual grants in this bill). The FPL is determined by the federal government and the different household levels are displayed for every year at the U.S. Department of Health and Human Services website.
Number of people in a household |
100% FPL |
112% |
One person (Individual) |
$11,770 per year |
$13,182 per year |
Two people |
$15,930 per year |
$17,841 per year |
Other Impacts. If the proposal were adopted, the 230,000 couple cases in the program (equating to 460,000 individuals) would not experience an increase in their monthly grants, both due to the fact that the bill only applies to "individuals" cases and that couples currently receive a combined grant that exceeds 112 percent FPL (as shown in the LAO table above, they are at 113.9 percent FPL in 2015-16).
The Cash Assistance Program for Immigrants (CAPI) provides benefits to aged, blind, and disabled legal immigrants. The CAPI benefits are equivalent to SSI/SSP program benefits, less $10 per individual and $20 per couple. The grant increases for individuals would presumably have an effect for the CAPI grants as well, as these grant levels are statutorily tied. This would increase the cost of the proposal further.
SSI/SSP Advocacy. The Committee has received numerous letters regarding proposed increases in the SSI/SSP grants, though none have been particular to this proposal. Letters in support of SSI/SSP grant increases have been submitted by the Health and Human Services Network, California Advocates for Nursing Home Reform, California Council of the Blind, and Disability Rights California, among other organizations and numerous individuals.
REGISTERED SUPPORT / OPPOSITION:
Support
None on File
Opposition
None on File
Analysis Prepared by: Nicole Vazquez / BUDGET / 916-319-2099
AB 474
Page 4
Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Kansen Chu, Chair
AB 474
(Brown) – As Amended April 7, 2015
SUBJECT: Public social services: SSI/SSP
SUMMARY: Annually adjusts the State Supplementary Payment (SSP) amount beginning with the 2015-16 fiscal year. Specifically, this bill: Requires the state maximum SSP grant amount for individuals to be readjusted and increased annually so that the combined total of the federal Supplemental Security Income (SSI) payment and the SSP payment equal 112% of the federal poverty level.
EXISTING LAW:
Establishes the State Supplementary Program for Aged, Blind and Disabled, which is intended to supplement SSI and provide persons whose need results from age, blindness or disability with assistance and services that help them meet basic needs and maintain or increase independence. (WIC 12000 et seq.)
Provides that eligibility requirements for SSP match federal SSI criteria, and requires a minimum level of SSP benefits to be provided in order to maintain federal Medicaid funding, as specified. (WIC 12000 et seq.)
FISCAL EFFECT: Unknown
COMMENTS:
SSI/SSP: The Supplemental Security Income/State Supplementary Payment (SSI/SSP) program provides a monthly cash benefit to needy aged, blind, and disabled individuals and couples to help them pay for basic living expenses, such as food, clothing and shelter. In order to be eligible for SSI/SSP, an individual must be 65 years of age or older, blind, or disabled (blind or disabled children can qualify), and must meet certain federal income and resource requirements. The SSI portion of the benefit is federally-funded and only provided through an approved application to the Social Security Administration (SSA), while the SSP portion is paid for with General Fund dollars, and a qualified SSI recipient is automatically qualified for SSP. The SSI portion of the grant is meant to provide an income floor for qualifying low-income individuals and couples.
SSI/SSP grants are adjusted based on whether a recipient is aged, blind or disabled, the individual’s or couple’s living arrangement, a recipient’s marital status, and a recipient’s status as a minor. The current SSI/SSP maximum grant levels are $889.40 per month for an individual ($156.40 SSP) and $1,496 per month for couples ($396.20 SSP), which places individuals at 90% of poverty and couples at 112% of poverty based on federal guidelines. The estimated SSI/SSP caseload for 2015-16 is 1.31 million cases (including 1.5 million people), which is comprised of 27% aged, 2% blind and 71% disabled persons. Over 80% of SSI/SSP cases are individual cases.
The SSA applies an annual cost-of-living adjustment (COLA) to the SSI portion of the grant pursuant to annual increases in the Consumer Price Index (CPI). This federal COLA is passed through to SSI/SSP recipients in California, which allows SSI/SSP grants to remain at the minimum level allowed under federal law for individuals and couples, thereby allowing the state to maintain its federal Medicaid funding. During the state’s economic downturn, the SSI/SSP program was one of many safety net programs negatively impacted. The COLA California once applied to the SSP amount was made inoperative as part of the 2009-10 Budget Act, and new statutory authority would be needed to reinstate it.
Need for this bill: In a March 2015 Joint Hearing of the Assembly Committee on Aging and Long Term Care and the Assembly Committee on Human Services titled Who Can Afford to Get Old? Senior Poverty in the Golden State, numerous aged and disabled individuals provided public comment about the financial hardship they and people they know were facing due, in part, to the low SSI/SSP grant amount, which is the sole source of income for many of them. In addition to pointing out how the SSI/SSP grant amount has not kept up with inflation, many members of the public spoke about how too many aged and disabled individuals had to make tough decisions about which expenses they were going to be able to pay each month, understanding that their SSI/SSP grant amounts weren’t high enough to meet even their most basic needs. More specifically, a presentation prepared for the hearing by the California Budget & Policy Center revealed that the current Fair Market Rent for a studio apartment exceeds the maximum SSI/SSP grant level for an individual in 15 counties, and exceeds 50% of the maximum SSI/SSP grant for an individual in all 58 counties.
The California Elder Economic Security Index (EESI) is a county-specific measure of the minimum income necessary to cover basic expenses for people age 65 years and older. Factoring in housing, food, health care, and transportation costs, the EESI illustrates the shortcomings of the current SSI/SSP grant amount for seniors. According to the EESI, a single renter living alone in a one-bedroom apartment in San Bernardino County needs $1,850 per month to pay for basic expenses, which increases to $2,453 needed for a couple renting a one-bedroom apartment. In Alameda County, the amount needed increases to $2,170 for a single elderly renter and $2,888 for a couple. By increasing the monthly SSI/SSP grant amount for individuals to 112% of poverty ($1,099), the author of this bill seeks to increase recipients’ quality of life.
According to the author, “Retirement is not ‘golden’ for all older adults in California, let alone the United States…This population struggles with rising housing costs, unmanageable health care bills, and inadequate nutrition. The impact upon essential needs are compounded by a lack of transportation, diminished savings, and even for some who are still vibrant enough, job loss. For older adults who live in relative (statistical) security just above the poverty level, one major adverse life event can dramatically alter their experiences for the worse… It is well documented that the effects of the nation’s economic difficulties have been devastating for seniors who tend only to be capable of deploying limited coping strategies during periods of economic downturns… SSI/SSP grant increases may be the most important economic development program the we can offer this year because every single one of those additional dollars are spent by elders, blind and disabled people struggling to make ends meet.”
DOUBLE REFERRAL. This bill has been double-referred. Should this bill pass out of this committee, it will be referred to the Assembly Committee on Budget.
REGISTERED SUPPORT / OPPOSITION:
Support
California Employment Lawyers Association (“CELA”) – co-sponsor
2-1-1 Humboldt
Access to Independence
Alameda County Community Food Bank
Alameda County Meals on Wheels
AllCare Alliance
American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO
Antelope Valley Seniors Network
Bay Area Community Services
California Alliance for Retired Americans
California Association of Area Agencies on Aging
California Association of Food Banks
California Association of Public Authorities (CAPA)
California Catholic Conference of Bishops
California Commission on Aging (CCoA)
California Food Policy Advocates (CFPA)
California Foundation for Independent Living Centers (CFILC)
California In-Home Supportive Services Consumer Alliance
California Partnership
California Senior Leaders Alliance (CSLA)
Californians for Disability Rights, Inc.
Coalition of California Welfare Rights Organizations, Inc.
Community Resources for Independent Living
Courage Campaign
Didi Hirsch Mental Health Services
Disability Rights California
Educate. Advocate.
Feeding America San Diego
Gray Panthers of San Francisco
Hunger Action Los Angeles
Hunger Advocacy Network
IHSS Consumers Union
Imperial Valley Food Bank
Jewish Family Service of Los Angeles (JFS)
Justice in Aging
Los Angeles Community Action Network
Meals on Wheels Greater San Diego
Mental Healthhookup
Mercy Brown Bag Program
Mission for the Homeless, Inc.
National Association of Social Workers, CA Chapter (NASW-CA)
Older Women’s League (OWL) Sacramento
Orange County Food Access Coalition
Personal Assistance Services Council
Placer People of Faith Together
Project Chicken Soup
Redwood Empire Food Bank
Resources for Independent Living (RIL)
Sacramento Homeless Organizing Committee
Sacramento Regional Coalition to End Homelessness
San Diego Hunger Coalition
San Diego Organizing Project (SDOP)
San Francisco Senior and Disability Action
SF Marin Food Bank
St. Anthony Foundation
St. Francis Living Room
St. Mary’s Center
Tenderloin Housing Clinic
Thai Community Development Center
The Insight Center for Community Economic Development
The Resource Connection Food Bank
California Council of the blind (CCB)
UDW/AFSCME Local 3930
Urban & Environmental Policy Institute at Occidental College
Venice Community Housing Corporation
Volunteers of East Los Angeles (VELA)
Western Center on Law & Poverty
Westside Center for Independence Living
Women Organizing Resources, Knowledge and Services (WORKS)
1 Individual
Opposition
None on file.
Analysis Prepared by: Myesha Jackson / HUM. S. / (916) 319-2089
Discussed in Hearing
26MIN
