76 Federal Register 15, Proposed HUD Rule: Equal Access to Housing in HUD Programs–Regardless of Sexual Orientation or Gender Identity, pp. 4194 – 4198 (January 24, 2011)

There is still time to comment on this groundbreaking proposed rule that has come to be referred to as the “LGBT HUD proposed rule”.   The proposed rule cites to studies establishing significant unequal housing access for and housing discrimination against LGBT persons and families and describes its purpose as ensuring that HUD’s core programs are open to all individuals and families regardless of sexual orientation or gender identity.  The proposed rule contains provisions that would, among other things, clarify that the term “family” as used in regulations governing HUD’s programs is intended to include LGBT individuals and households.  The rule would also prohibit owners and operators of HUD-assisted or HUD-insured housing from making inquiries of occupants or applicants for housing regarding sexual orientation and/or gender identity, but would not preclude voluntary disclosure of such information.   Comments on the proposed rule must be submitted to HUD by March 25, 2011. Contact Maya Rupert of the National Center for Lesbian Rights (MRupert@nclrights.org) or Navneet Grewal of the National Housing Law Project (ngrewal@nhlp.org) to join in the comment letters their respective organizations are preparing.  [Download]

ACL 01-10: CMSP eligibility manual update (3/11/10)

This letter details several changes to the CMSP eligibility manual that went into effect 4/1/10:
• Conforms the CMSP definition of long term care with the Medi-Cal definition.
• Removes GA/ GR from the same category as other public assistance programs- now those who receive GA/ GR are not excluded from the budget unit.
• Makes failure to cooperate with SSA a reason for denial or discontinuance. This denial is rescinded if an appeal is made to SSA within 30 days.
• Social Security overpayment reductions will be excluded in income/ share of cost calculations.
The letter includes the updated manual sections. [Download]

ACWDL 10-08: 2010 Statewide average private pay rate (APPR) for nursing facility services (4/30/10)

The 2010 statewide APPR for nursing facility services is $6311. The APPR is used to calculate the period of ineligibility for disqualifying transfers of nonexempt property for less than fair market value. Periods of ineligibility that began prior to 2010 are not updated with this new figure. The letter includes a chart of APPRs from 1990 to 2009, to calculate disqualifying transfers made by previously institutionalized beneficiaries. [Download]

ACWDL 10-07: Treatment of child support disregards for current, delayed, and arrearage payments received by the beneficiary (3/ 9/10)

All current, delayed, and arrearage non-exempt child support payments provided either voluntarily or by court order is to be considered unearned income. Child support is not considered to be a nonrecurring lump sum social insurance payment. The letter, which is a reminder and does not represent a procedure change, includes more details on disregards and child support for children over 18. [Download]

ACWDL 10-06: Suspension of Medi-Cal benefits for incarcerated juveniles (3/23/10)

SB 1147 requires the suspension of Medi-Cal, rather than the termination of Medi-Cal eligibility, for individuals under age 21 who were Medi-Cal beneficiaries at the time that they became inmates of a public institution. Effective January 1, 2010, SB 1147 requires restoration of Medi-Cal benefits on the day an eligible juvenile is no longer an inmate of a public institution. This letter details the process for suspending benefits; it includes case examples and NOAs. [Download]

ACWDL 10-05: PARIS update (1/21/10)

This letter updates information provided in ACWDL 09-41 regarding the Public Assistance Reporting Information System (PARIS) Interstate match. Some of the updates are:
1) When DHCS discontinues a beneficiary as a result of the residency verification program and the discontinued beneficiary established residency for any other household member CWDs must review the case file and collect residency verification for the spouse and/or dependents as appropriate.
2) When DHCS discontinues a beneficiary as a result of the residency verification program and the beneficiary furnishes satisfactory residency verification within 30 days of the effective date of discontinuance, CWDs must reinstate eligibility for the discontinued beneficiary.
3) If the beneficiary furnishes satisfactory residency verification after 30 days of the effective date of discontinuance, CWDs must request that the discontinued beneficiary submit a new Statement of Facts and additional application materials as necessary. CWDs must also request that the discontinued beneficiary submit an explanation for the receipt of public assistance benefits in another state and retain the explanation in the case file. [Download]