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AB-1536 Cash Assistance Program for Aged, Blind, and Disabled Immigrants.(2023-2024)



Current Version: 09/18/23 - Enrolled

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AB1536:v96#DOCUMENT

Enrolled  September 18, 2023
Passed  IN  Senate  September 13, 2023
Passed  IN  Assembly  September 13, 2023
Amended  IN  Senate  September 01, 2023
Amended  IN  Senate  June 21, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1536

Introduced by Assembly Members Juan Carrillo and Santiago
(Principal coauthor: Assembly Member Gipson)
(Coauthors: Assembly Members Villapudua, Arambula, Bonta, Bryan, Calderon, Connolly, Garcia, Robert Rivas, and Blanca Rubio)
(Coauthors: Senators Durazo and Rubio)

February 17, 2023

An act to amend, repeal, and add Sections 18937, 18938, and 18939 of, and to amend the heading of Chapter 10.3 (commencing with Section 18937) of Part 6 of Division 9 of, the Welfare and Institutions Code, relating to public social services.


LEGISLATIVE COUNSEL'S DIGEST


AB 1536, Juan Carrillo. Cash Assistance Program for Aged, Blind, and Disabled Immigrants.
Existing law requires the State Department of Social Services to establish and supervise a county- or county consortia-administered program to provide cash assistance for aged, blind, or disabled legal immigrants who are not citizens who, due to their immigration status, are not eligible for the Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled, also known as SSI/SSP benefits. Under existing law, an individual is eligible for this program if their immigration status meets SSI/SSP eligibility criteria but they are not eligible for those benefits solely due to their immigration status, as specified. Existing law also requires any person who is found to be eligible by the department for federally funded SSI to apply for SSI benefits.
This bill would expand eligibility for that program to aged, blind, and disabled individuals regardless of immigration status if the individual meets the eligibility criteria for the program and is not eligible solely due to their immigration status. This bill would exempt individuals who are not qualified immigrants, as specified, from having to apply for SSI in order to receive benefits. The bill would also delete several inoperative provisions. The bill would make the implementation of these substantive changes contingent upon an appropriation for its express purposes. By expanding county duties under the program, this bill 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The heading of Chapter 10.3 (commencing with Section 18937) of Part 6 of Division 9 of the Welfare and Institutions Code is amended to read:
CHAPTER  10.3. Cash Assistance Program for Aged, Blind, and Disabled Immigrants

SEC. 2.

 Section 18937 of the Welfare and Institutions Code is amended to read:

18937.
 (a) The State Department of Social Services shall establish and supervise a county- or county consortia-administered program to provide cash assistance to aged, blind, and disabled legal immigrants who are not citizens and who successfully complete an application process. No application shall be required of individuals described in paragraph (1) of subdivision (b) of Section 18944. The department shall conduct the evaluations of disability for the program. If the federal government agrees to administer the program, the department shall contract with the federal government for this purpose, and the county responsibilities shall be reduced by the duties and responsibilities undertaken by the federal government.
(b) This section shall become inoperative upon an appropriation for the express purpose of implementing Sections 18937, 18938, and 18939, as added by the act that added this subdivision, and as of January 1 of the following year is repealed.

SEC. 3.

 Section 18937 is added to the Welfare and Institutions Code, to read:

18937.
 (a) The State Department of Social Services shall establish and supervise a county- or county consortia-administered program to provide cash assistance to aged, blind, and disabled individuals, regardless of immigration status, who successfully complete an application process. No application shall be required of individuals described in paragraph (1) of subdivision (b) of Section 18944. The department shall conduct the evaluations of disability for the program. If the federal government agrees to administer the program, the department shall contract with the federal government for this purpose, and the county responsibilities shall be reduced by the duties and responsibilities undertaken by the federal government.
(b) This chapter is intended to satisfy Section 1621(d) of Title 8 of the United States Code.
(c) This section shall become operative upon an appropriation for the express purpose of implementing Sections 18937, 18938, and 18939, as added by the act that added this section.

SEC. 4.

 Section 18938 of the Welfare and Institutions Code is amended to read:

18938.
 (a) (1) Subject to paragraphs (2) and (3), an individual, upon application, shall be eligible for the program established pursuant to Section 18937 if their immigration status meets the eligibility criteria of the Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) in effect on August 21, 1996, but the individual is not eligible for SSI/SSP benefits solely due to their immigration status under Title IV of Public Law 104-193 and any subsequent amendments thereto.
(2) An applicant who is otherwise eligible for the program, but who entered the United States on or after August 22, 1996, shall be eligible for aid under this chapter only if the applicant is sponsored and one of the following conditions is met:
(A) The sponsor has died.
(B) The sponsor is disabled, as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3.
(C) The applicant, after entry into the United States, is a victim of abuse by the sponsor or the spouse of the sponsor if the spouse is living with the sponsor.
(3) An applicant who is otherwise eligible for the program but who entered the United States on or after August 22, 1996, and who does not meet one of the conditions of paragraph (2) shall be eligible for aid under this chapter beginning on October 1, 1999.
(4) The applicant shall be required to provide verification that one of the conditions of subparagraph (A), (B), or (C) of paragraph (2) has been met.
(5) (A) For purposes of subparagraph (C) of paragraph (2), abuse shall be defined in the same manner as provided in Section 11495.1 and Section 11495.12. A sworn statement of abuse by a victim, or the representative of the victim if the victim is not able to competently swear, shall be sufficient to establish abuse if one or more additional items of evidence of abuse is also provided. Additional evidence may include, but is not limited to, the following:
(i) Police, government agency, or court records or files.
(ii) Documentation from a domestic violence program, legal, clinical, medical, or other professional from whom the applicant or recipient has sought assistance in dealing with abuse.
(iii) A statement from any other individual with knowledge of the circumstances that provided the basis for the claim.
(iv) Physical evidence of abuse.
(B) If the victim cannot provide additional evidence of abuse, then the sworn statement shall be sufficient if the county makes a determination documented in the case file that the applicant is credible.
(b) The department shall periodically redetermine the eligibility of each individual.
(c) The department shall take all steps necessary to qualify any benefits paid under this section to be eligible for reimbursement as federal Interim Assistance, including requiring a repayment agreement.
(d) This section shall become inoperative upon an appropriation for the express purpose of implementing Sections 18937, 18938, and 18939, as added by the act that added this subdivision, and as of January 1 of the following year is repealed.

SEC. 5.

 Section 18938 is added to the Welfare and Institutions Code, to read:

18938.
 (a) (1) Subject to paragraphs (2) and (3), an individual, upon application, shall be eligible for the program established pursuant to Section 18937 if the individual meets the eligibility criteria of the Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) but is not eligible for SSI/SSP benefits solely due to the individual’s immigration status.
(2) An applicant who is otherwise eligible for the program, but who entered the United States on or after August 22, 1996, shall be eligible for aid under this chapter only if the applicant is sponsored and one of the following conditions is met:
(A) The sponsor has died.
(B) The sponsor is disabled, as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3.
(C) The applicant, after entry into the United States, is a victim of abuse by the sponsor or the spouse of the sponsor if the spouse is living with the sponsor.
(3) An applicant who is otherwise eligible for the program but who entered the United States on or after August 22, 1996, and who does not meet one of the conditions of paragraph (2) shall be eligible for aid under this chapter beginning on October 1, 1999.
(4) The applicant shall be required to provide verification that one of the conditions of subparagraph (A), (B), or (C) of paragraph (2) has been met.
(5) (A) For purposes of subparagraph (C) of paragraph (2), abuse shall be defined in the same manner as provided in Section 11495.1 and Section 11495.12. A sworn statement of abuse by a victim, or the representative of the victim if the victim is not able to competently swear, shall be sufficient to establish abuse if one or more additional items of evidence of abuse is also provided. Additional evidence may include, but is not limited to, the following:
(i) Police, government agency, or court records or files.
(ii) Documentation from a domestic violence program, legal, clinical, medical, or other professional from whom the applicant or recipient has sought assistance in dealing with abuse.
(iii) A statement from any other individual with knowledge of the circumstances that provided the basis for the claim.
(iv) Physical evidence of abuse.
(B) If the victim cannot provide additional evidence of abuse, then the sworn statement shall be sufficient if the county makes a determination documented in the case file that the applicant is credible.
(b) The department shall periodically redetermine the eligibility of each individual.
(c) The department shall take all steps necessary to qualify any benefits paid under this section to be eligible for reimbursement as federal Interim Assistance, including requiring a repayment agreement.
(d) This section shall become operative upon an appropriation for the express purpose of implementing Sections 18937, 18938, and 18939, as added by the act that added this section.

SEC. 6.

 Section 18939 of the Welfare and Institutions Code is amended to read:

18939.
 (a) Any person who is found to be eligible for federally funded SSI by the department shall be required to apply for SSI benefits. An individual may continue to receive benefits under this article if the individual fully cooperates in the application and administrative appeal process of the Social Security Administration. An individual shall continue to be eligible to receive benefits under this article if the individual receives an unfavorable decision from the Social Security Administration.
(b) (1) The State Department of Social Services shall require counties with a base caseload of recipients of aid under this chapter of 70 or more to establish an advocacy program to assist applicants and recipients of aid under this chapter in the application process for the SSI program. The department shall encourage counties with a base caseload of recipients of aid under this chapter of 69 or less to establish a similar advocacy program. Counties may, at their option, contract to provide any or all of the required advocacy services.
(2) The department shall provide assistance to counties in their efforts to implement an SSI advocacy program (SSIAP) for applicants and recipients of aid under this chapter.
(c) The State Department of Social Services shall ensure that its Disability Evaluation Division (DED) expedites the disability evaluations for applicants and recipients of aid under this chapter by utilizing its existing case records sharing procedures to ensure that information from previous DED evaluations for the Medi-Cal program are shared expeditiously with the federal component of the division that is adjudicating the SSI disability application.
(d) The State Department of Social Services shall reimburse counties for legal fees incurred by attorneys or other authorized representatives during the appeals phase of the SSI application process only when the county demonstrates that the legal representative successfully secures approval of SSI benefits. The legal fees for each case shall not exceed twice the difference between the maximum monthly individual payment under this chapter and the maximum monthly SSP payment.
(e) The department shall report to the Legislature, by July 1, 2007, on the outcomes of county SSI advocacy programs, including the numbers of cases that transitioned to SSI and the amount of savings realized through the transfers.
(f) Subdivisions (b) to (e), inclusive, of this section shall become inoperative on July 1, 2011.
(g) This section shall become inoperative upon an appropriation for the express purpose of implementing Sections 18937, 18938, and 18939, as added by the act that added this subdivision, and as of January 1 of the following year is repealed.

SEC. 7.

 Section 18939 is added to the Welfare and Institutions Code, to read:

18939.
 (a) Any person who is found to be eligible for federally funded SSI by the department shall be required to apply for SSI benefits. An individual may continue to receive benefits under this article if the individual fully cooperates in the application and administrative appeal process of the Social Security Administration. An individual shall continue to be eligible to receive benefits under this article if the individual receives an unfavorable decision from the Social Security Administration.
(b) Notwithstanding subdivision (a), an individual who is not a qualified immigrant pursuant to Section 1641 of Title 8 of the United States Code shall not be required to apply for SSI in order to receive benefits.
(c) This section shall become operative upon an appropriation for the express purpose of implementing Sections 18937, 18938, and 18939, as added by the act that added this section.

SEC. 8.

 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.