Author: Stephen Goldberg

Changes to federal child support regulations

Posted on by

The United States Department of Health and Human Services has substantially changed the regulations governing child support effective January 19, 2017.  Highlights of the changes include:

For establishment of child support orders, agencies must take reasonable steps to develop the factual basis for the requested support obligation, gather information about the non-custodial parent’s earnings and income, and when income and earning information is unavailable, gather information about the specific circumstances of the case.  (45 C.F.R. § 303.4.)

For enforcement of child support orders, states must establish guidelines for using civil contempt and must give clear notice that ability to pay is a critical question in civil contempt cases.  (45 C.F.R. § 303.6.)

For modification of child support orders, agencies must initiate review if they learn that the non-custodial parent is incarcerated for over 180 days even without a request, and must give notice to both parents within 15 days of initiating that review.  (45 C.F.R. § 303.8.)

Case closure is no longer mandatory but is optional with the agency when one of the criteria in the regulation is met.  The case closure criteria are substantially expanded and changed.  (45 C.F.R. § 303.11.)  There are now 21 possible reasons to close a case.

For medical support orders, the regulation is modified to allow flexibility in how a non-custodial parent provides health insurance coverage.  (45 C.F.R. §303.31.)

The changes also allow paternity only services in non-welfare cases and specify requirements for state child support order guidelines.

Flexibility, Efficiency, and Modernization in Child Support Enforcement Programs, 81 Fed. Reg. 93492 (December 20, 2016).

CalWORKs MBSAC increase

Posted on by

Effective July 1, 2017, the CalWORKs Minimum Basic Standard of Adequate Care (MBSAC) increased by 3.84%. The MBSAC is the maximum amount of income an assistance unit can have, after income deductions, and be eligible for CalWORKs. The increase is the cost of living increase required by Welfare and Institutions Code Section 11453. This cost of living increase also increased the Income-In-Kind (IIK) level by 3.84%. The IIK level is the value assigned to free housing, utilities, clothes or food

These increases also apply to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Program benefits.  The California Department of Social Services issued a chart showing the new MBSAC and IIK amount.

If computer systems are not updated to implement the new MBSAC level, county must review and correct any applications denied after July 1, 2017 if the only reason for denial was failure to pass applicant financial eligibility because of the MBSAC or aid in kind amounts used.  ACL 17-44 (June 2, 2017).

Failure to sign IHSS provider agreement

Posted on by

Previously, the California Department of Social Services (CDSS) instructed that IHSS providers who did not sign the SOC 846 provider agreement by April 29, 2017 would be terminated from the program.  CDSS has rescinded this policy.  CDSS states that most providers completed and returned the SOC 846 and all providers have received the information contained in the SOC 846. As a result, no disciplinary action will be taken against IHSS providers who do not sign and return the provider agreement.  (ACL 17-43, May 19, 2017.)

CalFresh treatment of IHSS wages

Posted on by

The California Department of Social Services (CDSS) has issued instructions about treatment of IHSS wages for purposes of CalFresh.  CDSS has decided that IHSS wages are income for purposes of CalFresh.  CDSS states that IHSS wages are not excluded as money received for care and maintenance of the third party who is not a household member because it is considered earned income.  In addition, the Internal Revenue Service rules excluding IHSS as a difficulty of care payment do not apply to CalFresh.  (ACIN I-34-17, May 26, 2017.)

Changes to neurological disorders listings

Posted on by

Social Security has rewritten the listings for neurological disorders effective September 29, 2016.

The revised introduction to Listing Section 11.00 includes criteria for how to establish “disorganization of motor function” and how to evaluate those criteria.  If Social Security does not find a person disabled on this basis alone but finds marked limitation in physical function and any one of four areas of mental function, it will find no residual functional capacity for work.

Some of the highlights of the changes are: epilepsy is combined into revised and expanded Listing 11.03, the IQ factor for cerebral palsy in Listing 11.07 is removed, listing 11.09 for Multiple Sclerosis now includes marked limitation in physical functioning in addition to mental functioning, listing 11.20 for coma or persistent vegetative state persisting for at least one month is added, and listing 11.22 for motor neuron disorders other than ALS is added.

The children’s listings are rearranged to more closely parallel the adult listings. Listing 111.06 for motor dysfunction is removed.

Revised Medical Criteria for Evaluating Neurological Disorders, 81 Fed. Reg. 43048 (July 1, 2016).

Posted in SSI

Changes to HIV listing

Posted on by

Social Security has rewritten the listing for HIV effective January 17, 2017.  The introduction to Listing Section 14 describing HIV is rewritten including changing the tests used for a definitive determination of HIV.  The new introduction also allows persuasive physician diagnosis of HIV which can be with or without laboratory findings, and documentation of manifestation of HIV.

Prior listing 14.08 is repealed.  New Listing 14.11 list requires specific documentation stated in introductory section 14.00F1 and one of eight conditions or criteria to meet the listing.  The new listing no longer includes documented side effects, resulting infections and illnesses.  Changes to the childrens listing mirror the adult listing changes.

Revised Medical Criteria for Evaluating Human Immunodeficiency Virus (HIV) Infection and for Evaluating Functional Limitations in Immune System Disorders, 81 Fed. Reg. 86915 (December 2, 2016).