Author: Stephen Goldberg

Extension of waiver to combine CalFresh reminder notice and notice of adverse action

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The California Department of Social Services (CDSS) has issued guidance regarding an extension of a federal waiver allowing combining the reminder notice and notice of adverse action for households that fail to submit a complete semiannual report form (SAR 7) by the required filing date.

The waiver extension continues the current practice of sending the NA 960X notice to households that did not timely submit a SAR 7 and the NA 960Y notice to households that submitted an incomplete SAR 7.  Both the NA 960X and the NA 960Y act as combined reminder notice and notice of adverse action.

Counties must send the NA 960X or the NA 960Y no later than 10 days after the SAR 7 report should have been submitted.  If a household files a complete SAR 7 during the 10 days period following the date the NA 960X or the NA 960Y is mailed, the county must provide benefits no later than 10 days after the normal benefit issuance date.  (ACL 20-52, May 1, 2020.)

COVID-19 new unemployment programs as income for CalWORKs

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The California Department of Social Services (CDSS) has issued guidance regarding counting Pandemic Unemployment Compensation (PUC), Pandemic Emergency Unemployment Compensation (PEUC) and Pandemic Unemployment Assistance (PUA) as income for CalWORKs.

PUC is an extra $600 per week of regular unemployment insurance through July 31, 2020.  Pursuant to Executive Order N-59-20, PUC is exempt as income for CalWORKs recipients.  However, PUC counts as income for CalWORKs applicants.

PEUC is an additional 13 weeks of unemployment insurance for people who have exhausted regular unemployment insurance through December 31, 2020.  PUA is unemployment payments for persons not otherwise eligible for regular unemployment insurance including self-employed persons and independent contractors who are unemployed as a result of COVID-19.  PEUC and PUA are not exempt for purposes of CalWORKs and they count as unearned income.

This guidance also applies to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance program.  (ACWDL, May 5, 2020.)

COVID-19 ongoing child care for at-risk populations

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The California Department of Social Services (CDSS) has issued guidance regarding child care services for the Emergency Child Care Bridge Program for Foster Children (Bridge Program) and other at-risk populations during the COVID-19 emergency.

Children at-risk should continue to receiving child care at the request of the caregiver or parent even if the caregiver or parent is not employed in a job designated as essential.

If a Bridge Program voucher is scheduled to expire during the emergency period, counties may extend the voucher for 60 days.  This flexibility is in place until June 30, 2020 or when the State of Emergency has ended, whichever is earlier.  When the family secures a long-term child care placement, the Bridge Program voucher is terminated.  (ACWDL, May 4, 2020.)

COVID-19 CalWORKs diversion

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The California Department of Social Services (CDSS) has issued guidance implementing Executive Order N-59-20 regarding CalWORKs diversion.  This guidance expires on June 30, 2020.

Diversion is a cash or non-cash payment or service to resolve the need to apply for CalWORKs. The requirement for apparent eligibility for CalWORKs is waived if the applicant’s gross income is under 200% of the federal poverty level.  The applicant must be otherwise apparently eligible for CalWORKs.  There is no asset test for this expanded diversion.  This expansion of diversion is for a need related to COVID-19.  The maximum diversion payment is $5,000.  (ACWDL, May 4, 2020.)

COVID-19 CalWORKs pregnancy verification, identity verification, interview and signature requirements

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The California Department of Social Services (CDSS) has issued guidance implementing Executive Order N-59-20.  This guidance expires on June 30, 2020.

For aid to a pregnant person in a family that does not include another child, applicants can submit a sworn statement verifying pregnancy when medical verification of pregnancy cannot be provided.  Applicants who cannot provide either medical verification or a sworn statement can provide verbal attestation and medical verification within 30 days.  If after 30 days the applicant presents evidence of good-faith efforts to obtain and submit medical verification, the county must continue aid.  Pregnancy verification must be provided within 90 days after the California Department of Public Health no longer requires physical distancing.

In general, applicants must present photo identification in person before aid can be granted.  A sworn affidavit is acceptable but individuals must present photo identification within 30 days for aid to continue.  If county offices are closed because of COVID-19, aid will continue until the applicant can submit photo identification in person without needing to present evidence of good faith efforts to obtain or submit photo identification.   Applicants will be asked to submit photo identification electronically and to present photo identification in person within 90 days after the California Department of Public Health no longer requires physical distancing.

The requirement for signatures on the CalWORKs application and Rights and Responsibilities form is waived.  When a telephonic or electronic signature is unavailable, the county can document verbal attestation in the case file.  Following verbal attestation, the county must mail the Statement of Facts to the client to be returned via U.S. Mail within 30 working days.  If the applicant presents evidence of good faith efforts to submit the wet signature by mail, the county must continue aid.

The requirement for an interview for applicants is suspended for applicants whose identity has been verified and who have submitted all required verification.  This includes requests for immediate need.

Counties are reminded that when verification does not exist a sworn statement is adequate.  Counties cannot deny applications for failure to provide evidence if the county determines that the applicant is making a good faith effort.

These rules also apply to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crimes Victims Assistance Program.  (ACWDL, May 4, 2020.)

COVID-19 Medi-Cal managed care guidance

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The California Department of Health Care Services (DHCS) has issued information to Medi-Cal managed care plans (MCP) about changes because of COVID-19.  Several fee-for-service policies already issued apply to Medi-Cal including providing care in alternative settings, pharmacy, transporation and telehealth.  MCPs must waive prior authorization requirements, including screening and testing, for services related to COVID-19.  MCPs are strongly encouraged to implement expedited authorization procedures during the COVID-19 public health crisis.

For Health Homes, DHCS encourages MCPs and their contracted Community-Based Care Management Entities to use telephone and video conference assessments.  In-person requirements are suspended until the COVID-19 emergency declaration is rescinded.

The requirement for an Initial Health Assessment for newly enrolled members within 120 days is temporarily suspended.  MCPs can deter Initial Health Assessments until the COVID-19 emergency declaration is rescinded.  However, Initial Health Assessments must be done for these members when the public health emergency is over.  (APL 20-004, April 27, 2020.)