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AB-2241 Public social services: reporting and verification.(2023-2024)



Current Version: 04/11/24 - Amended Assembly

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AB2241:v98#DOCUMENT

Amended  IN  Assembly  April 11, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2241


Introduced by Assembly Member Alvarez

February 08, 2024


An act to add Section 10504 to the Welfare and Institutions Code, relating to public social services.


LEGISLATIVE COUNSEL'S DIGEST


AB 2241, as amended, Alvarez. Public social services: reporting and verification.
Existing law provides for various public social services programs administered by the State Department of Social Services, State Department of Health Care Services, and counties, including, among others, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals, CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county, and the Medi-Cal program, under which qualified low-income individuals receive health care service. Existing law imposes various reporting and verification requirements on applicants and recipients of these public social services programs relating to identity, income, and assets, among other things.
This bill would, to the extent permitted under federal law and no later than January 1, 2026, law, require state and county agencies to accept the reporting by an applicant or recipient of public social services of any lawfully required information, changes, and verification required by law that affect eligibility and benefit amounts, by any means available to the applicant or recipient, including, but not limited to, reported in person, by telephone, through facsimile, by email, or by any other electronic means. The bill would require county agencies to meet specified software security requirements on or before January 1, 2026. The bill would require a county agency to accept reporting by any means available to an applicant or recipient prior to January 1, 2026, if the county agency uses software that meets those requirements. or by secure electronic means, as specified. The bill would require a state or county agency that receives information in an unsecure manner to immediately inform the applicant or recipient of the privacy concern and provide a reasonable alternative method for resubmitting the information. The bill would require the State Department of Social Services and the State Department of Health Care Services to implement this provision these provisions through all-county letters, provider bulletins or notices, policy letters, or similar instructions from the director of each department issued no later than July 1, 2025. To the extent this bill expands eligibility for county administered programs and by imposing additional duties on counties, this bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so 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.

 Section 10504 is added to the Welfare and Institutions Code, to read:

10504.
 (a) (1)No later than January 1, 2026, notwithstanding Notwithstanding any other law and to the extent permitted under federal law, state and county agencies shall accept the reporting by an applicant or recipient of public social services provided under this division of any lawfully required information, changes, and verification required by law that affect eligibility and benefit amounts, by any means available to the applicant or recipient, including, but not limited to, in person, by telephone, through facsimile, by email, or by any other electronic means. the following means:
(1) In-person reporting.
(2) By telephone.
(3) By facsimile.
(4) By electronic means if submitted through a secure and encrypted method that permits the state or county agency, or client, access to the information, changes, or verification after submission.

(2)A county agency shall accept reporting pursuant to paragraph (1) prior to January 1, 2026, if the county agency uses software that meets the requirements of subdivision (b).

(b)On or before January 1, 2026, a county agency shall use software designed to do both of the following:

(1)Prevent, detect, search, and remove viruses and other types of malware from computers and networks.

(2)Send and receive emails securely.

(b) If a state or county agency receives information in an unsecure manner, the state or county agency shall immediately, upon receipt, inform the applicant or recipient of the privacy concern and provide a reasonable alternative method for resubmitting the information.

SEC. 2.

 Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services and the State Department of Health Care Services shall implement this act through all-county letters, provider bulletins or notices, policy letters, or similar instructions from the director of each department issued no later than July 1, 2025.

SEC. 3.

 No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.

SEC. 4.

 To the extent that this act has an overall effect of increasing certain costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.