Author: Stephen Goldberg

COVID-19 child care for essential workers and at risk populations

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This Management Bulletin is rescinded and replaced by Management Bulletin 20-14, summarized here.

The California Department of Education (CDE) has issued guidance regarding emergency child care for essential workers and at risk populations.  In addition to serving current families, contractors may enroll new families in emergency child care in this priority order if they are: 1) an at risk population including (A) children who are receiving child protective services or who have been deemed to be at risk of abuse, neglect or exploitation, (B) children eligible through the Emergency Child Care Bridge Program for Foster Children, (C) families experiencing homelessness, or (D) children of domestic violence survivors; 2) deemed to be an essential worker including (A) health care/public health and emergency services, (B) food and agriculture, teachers, education staff, providers of early learning and care services, state and local government workers, communications and information technology, energy, transportation and logistics, critical manufacturing, hazardous materials, financial services, and chemical sector, (C) all other fields listed on the Essential Critical Infrastructure Workers document, , or 3) families with children with disabilities or special heal care needs who have individualized education plans or individual family support plans that include early learning and care programs.  Essential workers whose total family income exceeds the current income eligibility threshold are lowest priority.

All current families have the option to stay in care or return to care before any new essential families are enrolled.

Children enrolled in emergency child care can only be provided services through June 30, 2020.  If the provider has served all groups eligible for emergency child care and has space in their program, they can serve private paying essential workers, but must consider that they must resume serving all children receiving subsidies that are currently enrolled.

For essential workers to be eligible and the family is a two-parent household, both parents must either be essential workers or one must be unable to provide care because of incapacity.  The family must require child care to perform their essential work and they cannot complete their work remotely.

For children with disabilities or special health needs, the family must self-certify that status.

Families must apply for emergency child care using a new application form. and self-certification form. Contractors must allow digital signatures, electronic submission of applications and supporting documents.

CDE also issued various changes to capacity guidelines because of COVID-19.  (MB 20-06A, April, 2020. [link removed by CDE].)

COVID-19 PUA implementation and stimulus payments for undocumented persons

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Governor Newsom has issued an Executive Order and press release regarding implementation of Pandemic Unemployment Assistance (PUA) and state stimulus payment for undocumented workers.  PUA will provide benefits for persons ineligible for regular unemployment insurance, including independent contractors, persons who are self-employed, gig workers, and persons who do not have a sufficient employment history to be eligible for regular Unemployment Insurnace, who are unemployed or partially unemployed because of COVID-19.  The PUA program will begin in California on April 28, 2020.  Benefits will be issued within 24-48 hours.

The Employment Development Department (EDD) will launch a new call center that will be open 7 days per week from 8:00 am to 8:00 pm.  EDD will also expedite access to the Work Share program to avert layoffs.

Governor Newsom also announced state funded stimulus payments for undocumented persons in California of $500 per person and a maximum $1,000 per household beginning in May. These funds will be disbersed through regional nonprofit organizations.

Governor Newsom also reiterated that COVID-19 testing, evaluation and treatment is considered emergency services under Medi-Cal, regardless of where they are received.  This means all Medi-Cal beneficiaries can receive COVID-19 treatment regardless of documentation status.     (Executive Order N-50-20 and Press Release, April 15, 2020.)

COVID-19 automatic individual stimulus payments to SSI recipients

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SSI recipients will receive the federal individual stimulus payments automatically.  The payments will be made by direct deposit, Direct Express debit card or paper check depending on how the recipient normally receives their SSI benefits.   SSI recipients should receive the payment by early May.

SSI recipients who have dependent children will need to register on the Internal Revenue Service portal or file a tax return to receive the payment for their dependents.

The individual stimulus payment will not be considered income for purposes of SSI and will be excluded as a resource for 12 months.  (Department of the Treasury Press Release, April 15, 2020.)

Implementation of EBT online purchasing

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The California Department of Social Services (CDSS) informs counties that Electronic Benefits Transfer online purchasing will be available on April 28, 2020.  EBT online purchasing will initially be available at Amazon and Walmart.

Both Amazon and Walmart accept EBT for food purchases using CalFresh benefits. Walmart also accepts EBT purchases of non-food items using CalWORKs benefits.  Federal law prohibits using CalFresh benefits to pay delivery charges or other fees for online purchases.  Walmart accepts CalWORKs benefits via EBT to pay for delivery fees. Amazon offers Amazon cash to deposit money to pay for delivery fees or other purchases.

Counties should refer clients to the retailer’s website or the customer service number on the back of the EBT card for assistance with online purchasing.  (ACWDL, April 14, 2020.)

COVID-19 IHSS provider enrollment and hours flexibility

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The California Department of Social Services (CDSS) has issued guidance regarding administration of the In Home Supportive Services (IHSS) provider enrollment process and flexibility in authorization of hours and overtime violations because of COVID-19.  These guidelines are in place until June 30, 2020.

CDSS is temporarily waiving the requirements for providers to submit original documents verifying identity of the provider for enrollment, and for providers to attend orientation in person and sign the IHSS Provider Enrollment Form, SOC 846, in person.  The requirement for the county to get a completed and signed SOC 846 remains in effect.

Counties can ask that documentation verifying the provider’s identity be mailed to the county.  However, these documents do not need to be received by the county prior to enrolling the provider.

Counties may, with the agreement of labor unions, offer orientation to new providers remotely.  However, providers should be enrolled prior to completing remote orientation.

Counties should be flexible in adjusting weekly authorized service hours to ensure adequate and timely services during the State of Emergency.  Counties should adjust hours when alternative resources such as school or community-based serves that were previously used are no longer available.

When IHSS providers will incur overtime or travel time violations for performing services that are “in critical need” during the State of Emergency, CDSS will remove the violations until June 30, 2020.  (ACL 20-32, April 10, 2020.)

COVID-19 federal instructions for PEUC

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The United States Department of Labor has issued instructions regarding the Pandemic Emergency Unemployment Compensation (PEUC) program.  PEUC provides up to 13 weeks of benefits for individuals who 1) have exhausted all rights to regular unemployment insurance under state or federal law for a benefit year that ended on or after July 1, 2019; 2) have no right to regular unemployment insurance for a week under any other state or federal unemployment insurance law, or to compensation under any other federal law; 3) are not receiving Canadian unemployment insurance; and 4) are able to work, available to work, and actively seeking work recognizing that states must provide flexibility if people are unable to search for work because of COVID-19.

An individual has exhausted regular unemployment insurance benefits when no payment of regular unemployment insurance may be made under state law because they have received all available benefits based on employment or wages during the base period, or the right to benefits has terminated because of the expiration of the benefit year for which rights existed.

An individual has no longer exhausted regular unemployment insurance when they can establish a valid new benefit year.  At each quarter change, states must check if the individual has earned enough wages establish a new benefit year in the State, establish a new benefit year in any other state, or establish a new benefit year if wages from one or more states are combined.  When the claimant qualifies for a new claim, the PEUC claim must stop.  If the individual remains unemployed and otherwise eligible, and has not used all of their 13 weeks of benefits, the PEUC claim can continue after the second regular claim is exhausted.

Benefits payable under PEUC are the same amount as a regular unemployment insurance claim.

The first possible week for which PEUC may be paid is the week of April 4, 2020.  PUEC is not payable for any week ending after December 31, 2020.

States must identify people potentially eligible for PEUC and give them written notice of their potential eligibility.  This includes people who have established a claim with a benefit year ending after July 1, 2019 and who have exhausted their claim or their benefit year has expired.

PEUC is payable in the same manner and amount to individuals filing interstate claims as for intrastate claims.  (Unemployment Insurance Program Letter No. 17-20, April 10, 2020.)