Author: Amy Williams

ACL 08-12: Implementation Of Assembly Bill 1331 (3/19/08)

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AB 1331 requires counties to screen all foster youth for potential SSI/SSP eligibility when foster youth are at least 16.5 years of age and no more than 17.5 years of age. The statute also addresses the problem with current federal regulations, which causes the denial of SSI to youth getting foster care benefits over the SSI level of PRIOR to having a medical eligibility determination. Counties are to forego federal AFDC-FC benefits for the potentially SSI/SSP eligible youth for one month, during which time an SSI/SSP application is submitted. Social Security agreed to accept and process applications for foster youth during the month they are in receipt of State AFDC-FC. Counties thus must transfer a youth from federal AFDC-FC to State AFDC-FC for one month while the SSI/SSP application is submitted. After the one month transfer, the youth must be transferred back to federal AFDC-FC. The letter reminds counties to submit applications early enough to allow a determination to be made by SSA as to the youth’s eligibility PRIOR to the youth’s emancipation (estimating this takes six months!). Once the youth has been determined to be medically eligible for SSI/SSP, if the youth is in receipt of federal AFDC-FC benefits in excess to what they would receive in SSI/SSP, counties can request that the SSA put the youth’s SSI/SSP benefits in suspense for up to 12 months.

Though effective January 1, 2008, no additional funds to implement the bill are available in the current Fiscal Year. The ACL encourages counties to implement AB 1331 with existing allocations. [Download]

ACL 07-46: Changes To The Case Management, Information And Payrolling System (CMIS) For Share Of Cost Reimbursement To Recipients For Overpaid Out Of Pocket Payment Of Medically Recognized Expenses (11/8/07)

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Info on the process to allow reimbursement to a recipient for overpaid Medi-Cal Share of Cost (SOC) as the result of missing the State’s payment of medically recognized expenses (also known as Buy-Out) at the beginning of the month through no fault of the recipient.

The In-Home Supportive Services Plus Waiver (IPW) had an impact on the IHSS and Medi-Cal (MC) SOC processing. While IHSS allows “obligations” to count towards the SOC, Medi-Cal requires payments. IHSS recipients with a Medi-Cal SOC are now subject to the same SOC spend-down processing as all other Medi-Cal beneficiaries. To deal with this issue, people in the Personal Care Services Program (PCSP) or IPW, who get IHSS, will have a comparison of their Medi-Cal and IHSS SOCs, and must meet the lesser of the two SOCs. The State will “Buy-Out” the difference between the two SOCs.

Procedurally, the state runs a Buy-Out processing about 1 week prior to the end of the month. After this file is processed, DHCS will not accept any retroactive or subsequent Buy-Out payments.

Due to the timing of the MEDS Monthly Renewal File process, new IHSS recipients will rarely be included in the Buy-Out during their first month of eligibility. These recipients are responsible for their entire Medi-Cal SOC for the first month of IHSS eligibility. The letter also addresses problems when recipients are not in the MEDs file or found eligible retroactively (must meet MC SOC, but may be eligible for reimbursement.)

The letter also transmit a new form, the X-27 SPEC, to reimburse recipients who through no fault of their own have paid out-of-pocket SOC expenses in excess of their obligation after the SOC comparison. For those of you not already lost, there is a description of how Conlan retro MC coverage and handling SOC for couples. [Download]

ACL 07-37: Release Of Criminal Offender Record Information (CORI) Search Response (10/22/07)

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Ending the game of 21 questions, this ACL describes the duty to release the CORI search responses to people when CDSS takes an administrative action based on the CORI information, such as the denial of criminal exemptions for licensing. The affected individual must request the responses in writing, and the ACL lists all the information that is required in order to comply. [Download]

ACIN I-26-07: Internal Revenue Service Safeguard Requirements (5/16/07)

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Busted.  The IRS did an audit in California on the “Federal Tax Information” (FTI) program to match recipients with earnings, and found CA deficient.  In addition to sending a Corrective Action Plan to the feds, this letter reminds counties that they (and individual employees) can be subject to fines and prosecution, the obligation to do an annual internal inspection, annual training, and how to deal with subcontractors who may have access to areas in which FTI information is located. More ACL’s to come on this…. [Download]

Delegation of Authority to Regional Directors to Waive Certain Handbook and Directives Provisions (72 FR 16809, April 5, 2007)

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Effective March 30, 2007, the Secretary of HUD may delegate his power to waive certain HUD handbook and directives provisions to HUD Regional Directors. While there are certain safeguards and requirements regarding the the issuance of such waivers, the National Low Income Housing Coalition and other housing advocacy groups counsel advocates to be in touch with local HUD officials and monitor for any waivers that would have a negative impact on low income persons. [Download]