ARTICLE 3. Administration [12100 - 12106]
( Article 3 added by Stats. 1973, Ch. 1216. )
The department shall enter into an agreement with the secretary providing for administration by the secretary of the provisions of this chapter. The agreement shall provide at least the following:
(a) That the secretary shall, on behalf of the state, make supplementary payments to an applicant or recipient under this chapter at such times and in such installments as may be agreed upon.
(b) That the state shall pay to the secretary an amount equal to expenditures made by the secretary as such supplemental payments less amounts payable by the federal government pursuant to Section 401 of Title IV of the Social Security Act Amendments of 1972.
(c) That the department may enter into an agreement to administer on behalf of the secretary and at the secretary’s expense all or such parts of the program under Title XVI of the Social Security Act during such portion of the fiscal year ending June 30, 1975, as may be provided in the agreement. In the event of such agreement, the department shall supervise the counties’ administration of all or such parts of the program under such agreement.
(d) The application of such procedural and other general provisions as are necessary and proper to achieve efficient and effective administration of the provisions of Title XVI of the Social Security Act and of this chapter, including a provision authorizing the secretary to conduct fair hearings in accordance with rules promulgated by him in cases concerning aid under this chapter.
(e) That the checks issued by the secretary containing the state supplemental payment shall clearly indicate by a separate notice accompanying the check or on the face of the check the fact that state funds are a part of the payment or the amount of check representing state funds.
(f) That to the extent permitted by law, the state shall audit the expenditures made by the secretary under such an agreement.
(g) That the state exercises its option to increase the payment level under Section 401(b)(1) of Title IV of the Social Security Act Amendments of 1972 by an amount equal to the sum of (A) and (B) of Section 401(b)(1) of that title.
(Repealed and added by Stats. 1973, Ch. 1216.)
The department shall seek to enter into an agreement with the secretary for the purpose of administration by the secretary of the amount set forth in subdivision (h) of Section 12200.
(Added by Stats. 1984, Ch. 1621, Sec. 1. Conditionally operative as prescribed by Sec. 3 of Ch. 1621.)
No applicant for or recipient of aid under this chapter shall be required to pay any part of the cost of a medical examination to determine blindness or disability as required by the department in connection with his application for or continued receipt of aid under this chapter.
(Repealed and added by Stats. 1973, Ch. 1216.)
Notwithstanding any other provisions of law, no agreement entered into for state administration of the state supplementary payment program on behalf of the secretary or as agent of the federal government or otherwise, shall provide for any difference in administration of or eligibility for the state supplementary program than if such program were directly administered by the secretary pursuant to this chapter.
(Repealed and added by Stats. 1973, Ch. 1216.)
No authority is given under this chapter or Chapter 4 (commencing with Section 12500) or Chapter 6.5 (commencing with Section 13900) for any agreement with the secretary or any rules and regulations of the department which contain any provision requiring any form of liens or estate recovery, period of residency or citizenship for recipients under such chapters and no such liens or estate recovery, period of residency or citizenship for such recipients shall be imposed.
(Repealed and added by Stats. 1973, Ch. 1216.)
Notwithstanding any other law, upon the order of the Director of Finance, the Director of Social Services shall defer all supplemental payments to the federal government required pursuant to subdivision (b) of Section 12100 in February 2010 and March 2010 and, instead, make payments for those months after April 20, 2010, but no later than May 31, 2010.
(Amended (as added by Stats. 2009, Ch. 633, Sec. 5) by Stats. 2015, Ch. 303, Sec. 597. (AB 731) Effective January 1, 2016.)
(a) The State Department of Social Services shall submit a report to the Legislature that includes recommendations on the administration of the State Supplementary Program for the Aged, Blind and Disabled to the Legislature no later than January 1, 2024. The recommendations shall include, but are not limited to, all of the following:
(1) Recommendations on whether the administration of the program should be shifted to the department.
(2) Anticipated impacts to the program if the state contracts with the government of another state or commonwealth of the United States for the administration of the program, or if the program is administered by the department.
(3) Potential efficiencies of savings or costs, if any, that might accrue to the state if a government of another state or commonwealth of the United States or the department administers the program.
(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2028.
(Added by Stats. 2022, Ch. 259, Sec. 1. (SB 973) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions.)
(a) On or before February 1, 2024, the State Department of Social Services shall provide to the Joint Legislative Budget Committee and the appropriate fiscal and policy committees of the Legislature a written communication that describes the process that would need to occur in order to switch the method the state uses to meet the federal maintenance of supplementary payment levels requirement for the State Supplementary Program for the Aged, Blind and Disabled from the current supplementary payment level method to the total expenditures method. This shall include, but not be limited to, all of the following:
(1) A feasible timeline for notifying the federal Social Security Administration of the change, or for meeting any other necessary
associated federal requirements, including an identification of the optimal month of the year for notification given program operations and any other considerations.
(2) A calculation of the new total expenditure federal maintenance of supplementary payment levels for the State Supplementary Program for the Aged, Blind and Disabled if this change were to be made.
(3) Any other anticipated challenges, barriers, and considerations that should be taken into account in consideration of this methodology change for meeting the federal maintenance of supplementary payment levels requirement for the State Supplementary Program for the Aged, Blind and Disabled.
(b) This section shall become inoperative on July 1, 2025, and shall be repealed on January 1, 2026.
(Added by Stats. 2023, Ch. 43, Sec. 53. (AB 120) Effective July 10, 2023. Inoperative July 1, 2025, by its own provisions. Repealed as of January 1, 2026, by its own provisions.)