Author: Stephen Goldberg

Housing First guidelines for CDSS housing programs

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The California Department of Social Services (CDSS) has issued guidelines for implementing Housing First Principles for CalWORKs Housing Support Program, Bringing Families Home, Housing and Disability Advocacy Program, and Home Safe.  Counties must design and implement these programs in accordance with Housing First.

Housing First is an evidence-based approach that connects individuals and families experiencing or at risk of homelessness to permanent housing as quickly as possible.  Housing First also offers voluntary supportive services as needed and requested without making housing contingent on participation in supportive services.  Housing First follows the basic principle that everyone is ready for housing, regardless of the complexity or severity of their needs, and stable housing is the foundation for achieving other goals.

Other foundational principals of Housing First include:

  • Social Services and care coordination are key elements of housing stability
  • Housing First promotes flexibility, individualized support, client choice, and autonomy, and is not one size fits all.
  • Housing First operates across the spectrum of housing interventions, and is not limited to one type of program.
  • Supportive services are offered throughout the recipient’s time in the program.

Housing First must be incorporated into all aspects of program design, including written program polices and procedures.  Housing First must be followed throughout the duration of service delivery, not just at enrollment in the program.

Counties must work collaboratively with recipients to develop individualized housing and service plans.

Housing First has eleven core components:

  1. Tenant screen and selection practices must promote accepting applicants regardless of their sobriety, use of substances, completion of treatment, or participation in services.
  2. Applicants are not rejected because of poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of housing readiness.
  3. Counties must accept referrals directly from shelters, street outreach, drop-in centers, and other parts of the crises response system used by people experiencing homelessness.
  4. Supportive Services must emphasize engagement and problem solving over therapeutic goals and service plans that do not have predetermined goals.
  5. Participation in services or program compliance is not a condition of permanent housing tenancy.
  6. Tenants should have a leave that meets all legal requirements.
  7. Using alcohol of drugs, by itself without other lease violations, is not a reason for eviction.
  8. In communities with coordinated assessment and entry systems, eligible tenants should be prioritized on criteria other than first-come-first serve.
  9. Case managers and services coordinators should be trained in actively use evidence-based practices.
  10. Services must be informed by a harm-reduction philosophy.
  11. The project and specific apartment may include special physical features that accommodate disabilities, reduce harm, and promote health, community, and independence.

(ACL 24-88, November 15, 2024.)

Implementation of CalWORKs overpayment discharge policy

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The California Department of Social Services (CDSS) has implemented the CalWORKs overpayment discharge policy.  The policy is stated in ACL 19-102, summarized here, became effective upon automation.  The CalSAWS computer system automated the policy as of May 20, 2024.  Counties must now discharge eligible claims as soon as administratively possible

If county must discharge non-fraudulent CalWORKs overpayments if the case is closed and the individual liable for the CalWORKs overpayment has not received CalWORKs for 36 consecutive months or longer.  For families with tow liable adults, if one adult has not received CalWORKs for 36 consecutive months and the other adult has received CalWORKs in the 36-month period, the overpayment claim cannot be discharged.  However, the county cannot pursue the overpayment from the adult who has not received CalWORKs for 36 consecutive months.

Counties cannot pursue collection of any non-fraudulent overpayments with a balance of $249 or less if the liable individual is no longer receiving CalWORKs.  This includes sending demand letters and tax intercepts.  Overpayment claims under the threshold must be discharged after the CalWORKs case is closed and the liable adult(s) have not received CalWORKs for 36 consecutive months.  If the overpayment claim has more than one liable adult, and one of the liable adults receives CalWORKs in the 36 month period, the county must collect the overpayment by grant adjustment even if it is below the threshold.

If the claim has two liable adults and one of them is repaying the overpayment, the county must suspend collection from all liable adults if the outstanding balance falls below $250.

The county can collect overpayments from active annual reporting/child only (ARCO) cases.  After an ARCO case is closed, the county cannot collect from a child or adult who was unaided.  If the unaided adult in an ARCO case does not reapply for CalWORKs for the same eligible children for 36 consecutive months, the overpayment claim must discharged.

If a child who was previously in an ARCO case receives CalWORKs as part of a different family, any overpayments cannot be attributed to the new family.

Mass overpayments are overpayments caused by the same action or inaction that affects eight percent of the CalWORKs caseload, or 1,000 CalWORKs families, whichever is greater.  Counties must report mass overpayments to CDSS and identify whether they were caused by negligence or systemic error.  Mass overpayments can be discharged, but must be reported to and verified by CDSS.  When the mass overpayment is verified and approved by CDSS, counties must discharge them and refund any collections.

Counties can reach settlements of overpayments with current or former recipients for nonfraudulent overpayments.  The 36-month timeframe cannot be considered when negotiating a settlement.  If a negotiated settlement amount has not been fully recovered after a family’s case has been closed for 36 consecutive months, the outstanding balance must be discharged.

An overpayment claim must be discharged if it is deemed uncollectable by a Bankruptcy Court or another court decision.

The CalWORKs overpayment discharge policy does not apply to overpayments involving fraud or suspected fraud.  Overpayments that have been referred to Special Investigative Units cannot be discharged unless the investigation is inconclusive or finds no evidence to support the fraud allegation.  An intentional program violation can only be determined by an administrative disqualification hearing decision, a signed administrative disqualification hearing waiver, a court decision, or a signed disqualification consent agreement.

These policies apply to Welfare-to-Work supportive services overpayments.

Overpayment claims established prior to December 1, 1996 cannot be discharged.  (ACL 24-84, November 21, 2024.)

 

Manner of appearance for Social Security administrative law judge hearings

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The Social Security Administration’s new regulations about manner of appearance in administrative law judge hearings are effective as of November 23, 2024.

The new regulations allow Social Security to schedule hearings in one of four ways:

  1. Audio appearance (previously called telephone appearance). Claimants can object to audio appearance within 30 days of receiving the notice of hearing.  The 30-day deadline can be extended for good cause.  Notwithstanding an objection, Social Security can schedule an audio hearing in extraordinary circumstances or when the claimant is incarcerated.
  2. Agency video appearance (previously called video teleconferencing (VTC) appearance). This is holding the hearing by video conference in a Social Security office.  Claimants can object to audio appearance within 30 days of receiving the notice of hearing.  The 30-day deadline can be extended for good cause.
  3. Online video appearance, which is video conference using the claimant’s personal electronic device. Claimants can agree to audio appearance within 30 days of receiving the notice of hearing.  The 30-day deadline can be extended for good cause.  Even without good cause, Social Security can consider a request to change to an online video hearing after the 30-day period if it would be efficient to conduct the hearing by online video and the circumstances provide a good reason the hearing by online video.  The claimant can withdraw their agreement ti online video any time before the hearing begins.
  4. In person hearing at an Office of Hearings Operations hearings site.

(Social Security Dear Colleague Letter, November 21, 2024.)

Posted in SSI

Changes to Social Security waiver of overpayment policies

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The Social Security Administration has made several changes to its policies about waiver of overpayments.  Social Security must now begin from a neutral position when determining fault and must develop the evidence regarding whether the individual was at fault in causing the overpayment.

Social Security will now presume that people are unable to repay the overpayment without additional documentation if they receive Supplemental Security Income, Temporary Assistance to Needy Families (CalWORKs in California), veterans means tested benefits, Supplemental Nutrition Assistance Program (CalFresh in California) or Medicare Part D Extra Help.

Social Security will also presume inability to repay for people with household income of 150 percent of the federal poverty or below, and resources within the established limits.

The resource limit for a waiver is increased to $6,000 for one person, $10,000 for a couple, plus $1,200 per additional dependent.

Households can now exclude two vehicles (or three in certain situations) from their resources when determining eligibility for a waiver.

People are now considered unable to repay an overpayment if their income does not exceed their ordinary and necessary household expenses by more than $250.  (Social Security Dear Colleague Letter, November 25, 2024.)

Posted in SSI

IHSS telehealth assessments

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The California Department of Social Services (CDSS) has issued an All-County Letter (ACL) to implement Telehealth Reassessment Options for In-Home Supportive Services (IHSS).

Due to COVID-19, California declared a state of emergency which authorized the IHSS program to conduct assessments and reassessments over phone or video call. This authorization ended when the state of emergency ended on February 23, 2023

On May 1st, 2024 the federal government approved State Plan Amendments that authorize the Telehealth Assessment Option for the IHSS programs.

Telehealth Reassessment Options will allow reassessments by phone or video call for any IHSS recipients who choose to participate and are determined eligible by county staff. To be eligible recipients must have stable care needs, have received an initial in-person assessment, and one in-person reassessment. In-person reassessments are the default and participants must opt-in to telehealth reassessments. Recipients cannot have consecutive telehealth reassessments unless there is a State of Emergency.  Recipients will be reevaluated for eligibility before every telehealth reassessment.

All counties must implement the Telehealth Reassessment Option sixty days after completing computer system changes. Counties can choose to begin implementing this option after the publication of this letter, However, counties must manually research cases to determine eligibility and can use scheduling and assessment practices used during the COVID-19 pandemic. Recipients who have not had an in-person reassessment due to COVID-19 must receive one before using the Telehealth option.

Recipients must be able to independently use the technology required for telehealth or have someone assist them. This ensures that they can fully participate in the reassessment. In-person assessments must be conducted every other year and telehealth cannot be used for quality assurance or program integrity home visits.

To qualify as having “stable care needs” the recipient must meet 10 criteria at the time of reassessment. First, telehealth recipients must be 19 years of age with minors being ineligible due to changes in need of care. A minor who turns 18 must have one in-person reassessment after their birthday to qualify. Second, recipients cannot have had any incidents involving Adult Protective Services or other similar agencies. Third, there can be no documented concerns about health or safety and no suspicion of fraud in their case. Fourth, recipients cannot have been hospitalized or admitted to an overnight facility for 24 hours nor had multiple ER or urgent care visits in the last 3 months. Fifth, the recipient must not have had a gap in provider services in the last six months ensuring that needs are being met. Counties can use the 60-day no-activity report to identify cases that have gaps in provider services. Sixth, they must not have changed residence since the last reassessment. Seventh, they live with others when in need of assistance with memory, orientation, and judgment (MOJ), or they live alone and do not need assistance. If they have rank 2 or 5 in MOJ and live with others, they must have access to additional resources and support and are determined to have stable care needs. A recipient who lives alone should be rank 1 and not require any assistance with MOJ or need additional assistance. Eighth, the recipient cannot have an authorized representative who directs all care needs. Ninth, the recipient must not require assessment or reassessment for protective supervision. Finally, 10th, the recipient must not have complex paramedical needs. If a recipient has management through another program that helps stabilize them but does not meet all the criteria above, they can receive an exception as it pertains to stable care.

During a State of Emergency, recipients of impacted countries can receive telehealth reassessments regardless of stable needs criteria. When conducting a reassessment, the county is expected to fulfill documentation requirements for completion of an annual reassessment. The recipient must be in their home environment for the reassessment regardless of whether they are participating in the telehealth option. If a country cannot visually assess the recipient and their environment during the telehealth reassessment, they must ask questions to obtain the same information they would have during an in-person reassessment and document it. All standard forms are still required and original signatures are needed on forms that require it. When doing assessments with recipients with language or communication barriers the county must ensure the recipient’s comfort and provide translation services.  (ACL 24-72, October 8, 2024.)

Extension of CalFresh ABAWD waiver

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The United States Department of Agriculture has granted a one year extension of the statewide waiver of the Able-Bodied Adults Without Dependents (ABAWD) rules. The ABAWD  rule means anyone between the ages of 18 and 54 with no children and who is not disabled, might only be able to get three months of CalFresh benefits every three years. The extension is effective from November 1, 2024 to October 31, 2025.

The waiver requires counties to identify ABAWDs, screen for exemptions, inform clients of ABAWD rules, and track and report work registrant, ABAWD, and Employment and Training data.  (ACL 24-76, October 11, 2024.)