Today's Law As Amended


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SB-480 CalWORKs, Medi-Cal, and CalFresh: suspension of benefits.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 11327.7 is added to the Welfare and Institutions Code, to read:

11327.7.
 (a) A person who is an inmate of a public institution shall be suspended as a member of the assistance unit for the duration of his or her incarceration. The person shall be eligible to rejoin the assistance unit without reapplying if he or she is still eligible for CalWORKs benefits upon release.
(b) If an individual is a CalWORKs beneficiary on the date he or she becomes an inmate of a public institution, his or her benefits shall be suspended effective the date he or she becomes an inmate of a public institution. The suspension will end on the date he or she is no longer an inmate of a public institution or one year from the date he or she becomes an inmate of a public institution, whichever is sooner.
(c) Nothing in this section shall create a state-funded benefit or program. CalWORKs benefits shall not be available to inmates of public institutions.
(d) This section shall be implemented only if and to the extent allowed by federal law. This section shall be implemented only to the extent that any necessary federal approval of state plan amendments or other federal approvals are obtained.
(e) If any part of this section is in conflict with or does not comply with federal law, this entire section shall be inoperative.
(f) This section shall be implemented on January 1, 2015, or the date when all necessary federal approvals are obtained, whichever is later.
(g) By January 1, 2015, or the date when all necessary federal approvals are obtained, whichever is later, the department, in consultation with the Chief Probation Officers of California and the County Welfare Directors Association, shall establish the protocols and procedures necessary to implement this section, including any needed changes to the protocols and procedures previously established to implement Section 14029.5.
(h) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall implement this section by means of all-county letters or similar instructions without taking regulatory action. Thereafter, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

SEC. 2.

 Section 14011.10 of the Welfare and Institutions Code is amended to read:

14011.10.
 (a) Except as provided in Sections 14053.7 and 14053.8,  Section 14011.11,  benefits provided under this chapter to an individual who is an inmate of a public institution shall be suspended in accordance with Section 1396d(a)(29)(A) 1396d(a)(28)(A)  of Title 42 of the United States Code as provided in subdivisions (c) and (d). subdivision (c). 
(b) A county  County  welfare department departments  shall notify the department within 10 days of receiving information that an individual on Medi-Cal in the county is or will be an inmate of a public institution.
(c) Until October 1, 2020, if an individual is a Medi-Cal beneficiary on the date they become an inmate of a public institution, their benefits under this chapter and under Chapter 8 (commencing with Section 14200) shall be suspended effective the date they become an inmate of a public institution. The suspension shall end on the date they are no longer an inmate of a public institution or one year from the date they become an inmate of a public institution, whichever is sooner.
(d) Commencing October 1, 2020, if an individual is a Medi-Cal beneficiary on the date they become an inmate of a public institution, their benefits under this chapter and under Chapter 8 (commencing with Section 14200) shall be suspended effective the date they become an inmate of a public institution. The suspension shall end according to the following:
(1) (c)  For If  an individual who is not defined as a juvenile under Section 1396a(nn)(1)(A) or 1396a(nn)(1)(B) of Title 42 of the United States Code, the  is a Medi-Cal beneficiary on the date he or she becomes an inmate of a public institution, his or her benefits under this chapter and under Chapter 8 (commencing with Section 14200) shall be suspended effective the date he or she becomes an inmate of a public institution. The  suspension shall end on the date the individual  he or she  is no longer an inmate of a public institution or one year from the date the individual  he or she  becomes an inmate of a public institution, whichever is sooner.
(2) For an individual who is defined as a juvenile under Section 1396a(nn)(1)(A) or 1396a(nn)(1)(B) of Title 42 of the United States Code, the suspension shall end in accordance with Section 1396a(a)(84) of Title 42 of the United States Code, or one year from the date the individual becomes an inmate of a public institution, whichever is later.
(e) The department, in consultation with stakeholders, including the County Welfare Directors Association of California and advocates, shall develop and implement a redetermination of eligibility, to the extent required by federal law, pursuant to Section 14005.37, for individuals referenced in paragraph (2) of subdivision (d) whose eligibility is suspended pursuant to this section.
(f) (d)  This section does not  Nothing in this section shall  create a state-funded benefit or program. Health care services under this chapter and Chapter 8 (commencing with Section 14200) shall not be available to inmates of public institutions whose Medi-Cal benefits have been suspended under this section.
(g) (e)  This section shall be implemented only if and to the extent allowed by federal law. This section shall be implemented only if and  to the extent that federal financial participation is available and  any necessary federal approval of state plan amendments or other federal approvals have been  are  obtained.
(f) If any part of this section is in conflict with or does not comply with federal law, this entire section shall be inoperative.
(h) (g)  This section shall be implemented for individuals under 21 years of age  on January 1, 2010, or the date when all necessary federal approvals are obtained, whichever is later. This section shall be implemented for individuals 21 years of age or older on January 1, 2015, or on the date when all necessary federal approvals are obtained, whichever is later. 
(i) (h)  By January 1, 2010, or the date when all necessary federal approvals are obtained, whichever is later, the department, in consultation with the Chief Probation Officers of California and the County Welfare Directors Association of California,  Association,  shall establish the protocols and procedures necessary to implement this section, including any needed changes to the protocols and procedures previously established to implement Section 14029.5.
(j) The department shall determine whether federal financial participation will be jeopardized by implementing this section and shall implement this section only if and to the extent that federal financial participation is not jeopardized.
(k) (i)  Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall implement this section by means of all-county letters or similar instructions without taking regulatory action. Thereafter, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

SEC. 3.

 Section 18901.45 is added to the Welfare and Institutions Code, to read:

18901.45.
 (a) Benefits provided under this chapter to an individual who is an inmate of a public institution shall be suspended. The person shall be eligible to have his or her benefits reinstated without reapplying, if he or she is still eligible for CalFresh benefits, upon release.
(b) If an individual is receiving benefits under this chapter on the date he or she becomes an inmate of a public institution, his or her benefits shall be suspended effective the date he or she becomes an inmate of a public institution. The suspension will end on the date he or she is no longer an inmate of a public institution or one year from the date he or she becomes an inmate of a public institution, whichever is sooner.
(c) Nothing in this section shall create a state-funded benefit or program. Benefits under this chapter shall not be available to inmates of public institutions.
(d) This section shall be implemented only if and to the extent allowed by federal law. This section shall be implemented only to the extent that any necessary federal approval of state plan amendments or other federal approvals are obtained.
(e) If any part of this section is in conflict with or does not comply with federal law, this entire section shall be inoperative.
(f) This section shall be implemented on January 1, 2015, or the date when all necessary federal approvals are obtained, whichever is later.
(g) By January 1, 2015, or the date when all necessary federal approvals are obtained, whichever is later, the department, in consultation with the Chief Probation Officers of California and the County Welfare Directors Association, shall establish the protocols and procedures necessary to implement this section, including any needed changes to the protocols and procedures previously established to implement Section 14029.5.
(h) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall implement this section by means of all-county letters or similar instructions without taking regulatory action. Thereafter, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 4.
 Notwithstanding Section 15200 of the Welfare and Institutions Code, no appropriation shall be made for the purpose of implementing this act.
SEC. 5.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.