Elimination of periodic reporting for CalFresh Elderly Simplified Application Project households

The Elderly Simplified Application Project (ESAP) is a federal waiver to allow elderly and disabled CalFresh households to waive recertification interviews, use data matching to reduce needed verifications, extend certification period for up to 36 months, and waive the requirement to contact the household every 12 months, which eliminates the need to send and collect SAR-7 reports.

These waivers apply to households where all members are either elderly (age 60 or older) or disabled with no earned income.  Households that include excluded or ineligible members who are also elderly or disabled are eligible for ESAP.

The California Department of Social Services has announced that the elimination of periodic reporting for ESAP households will be effective on March 1, 2022 through September 30, 2026.  ESAP households will no longer need to complete a periodic report at 12th and 24th months of their 36-month certification period.  ESAP households will still need to complete mandatory mid-period reporting, including gross income over the Income Reporting Threshold during the 36 month-certification period.  If an ESAP household submits a SAR 7 report due on or after March 1, 2022, the county must treat it as a voluntary mid-period report.

ESAP households will get a notice in early March, 2022 informing them that they will no longer need to submit SAR 7 reports to maintain their CalFresh eligibility.  Counties must continue to issue notices at the 12th and 24th months of the certification period to report income over the income reporting threshold. (ACL 22-15, February 10, 2022.)

Effect of SSI COLA on CalFresh benefits

Supplemental Security Income (SSI) recipients received a Cost of Living Increase effective January 1, 2022.  The new SSI amount must be acted on for CalFresh purposes no later than March, 2022.  This will happen automatically for most CalFresh cases. Counties must manually process some cases, including cases that receive SSI amount that are more than the maximum monthly SSI payment (because of a retroactive SSI payment for example).  Supplemental Nutrition Benefits and Transitional Nutrition Benefit cases are not affected by the SSI COLA increase.

Note that retroactive SSI payments are excluded as income for CalFresh purposes.  January 2022 should include a higher than usual number of retroactive payments because of improper benefits reductions and denials caused by Social Security incorrectly counting pandemic benefits as income.  Any cases with amounts over the SSI maximum payment will be excluded from automatic processing to prevent improperly counting SSI retroactive payments.

As a reminder, amounts recouped from SSI benefits, including recoupment of SSI overpayments, do not count as income for CalFresh. (ACIN I-11-22, January 28, 2022.)

COVID-19 CalFresh emergency allotment for January, 2022

California has been approved to issue an emergency allotment of CalFresh for January, 2022.  All households will receive at least the maximum CalFresh allotment.  Households eligible to receive the maximum allowable allotment based on household size are now eligible to receive an emergency allotment of $95 per month. Households who are not eligible to receive the maximum allowable allotment based on household size, but whose emergency allotment would be less than $95 per month to receive the maximum allotment, will receive additional CalFresh benefits to raise their emergency allotment to the $95 minimum.

The emergency allotment will be issued on February 27, 2022.

Moving forward, emergency allotments may be approved by FNS on a month-to-month basis until the Secretary of Health and Human Services rescinds the public health emergency.  There will be a one-month phase out of emergency allotments after the public health emergency is rescinded.  (ACWDL, January 21, 2022.)

Instructions on interpreter services and confidentiality agreement

THIS ACL IS SUPERCEEDED BY ACL 24-68, SUMMARIZED HERE

County welfare departments must offer free bilingual or interpreter services to all non-English speaking or limited English proficient persons. The California Department of Social Services (CDSS) has issued a new form, the CR 6181, to inform non-English speaking or limited English proficient persons of the risks of using their own interpreter instead of using a free interpreter provided the county.  Counties must use this form when applicants or recipients choose to use their own interpreter after being offer a free interpreter by the county.  The CR 6181 form replaces any county form previously used for this purpose.

The county must ensure that the applicant or recipient and their interpreter have read and understood the CR 6181 form.  The county must provide the CR 6181 form in the applicant or recipient’s primary language (if it has been translated into that language), and provide an interpreter to help with understanding the form.   If the applicant/recipient or their interpreter refuse to sign the form, the county must use a county-provided interpreter or bilingual staff member.

The form must be completed at redetermination, if it was signed over a year previous, or if the applicant/recipient chooses a different interpreter.

For telephone or virtual communication, the county must use a county provided interpreter unless a CR 6181 is already on file.  If there is a CR 6181 on file, the applicant/recipient can use their own interpreter.  If there is not a CR 6181 on file, it was signed over a year previous, or a different interpreter was named on the form, the county must read the form to the applicant/recipient in their primary language age get verbal consent to the risks of using their own interpreter.

The CR 6181 does not replace the GEN 1365 Notice of Language Services which informs individuals of their right to free language assistance services.  Counties are reminded that they must advise clients of their right to a free interpreter, and must provide interpreter services promptly and without delay.  Although clients can use their own interpreter, a county must not compel or encourage them to do so.  A client can use a minor as an interpreter only in extenuating circumstances.  (ACL 21-128, November 12, 2021.)

CalFresh flexible interview scheduling and Medi-Cal dual enrollment

Counties were initially required to implement flexible interview scheduling for CalFresh no later than July 1, 2021.  See ACL 21-24, summarized here.  That deadline was extended to January 1, 2022.  By January 1, 2022, counties must one of these interview scheduling methods: time block interviews, telephonic contact in conjunction with written communication about scheduling an interview, and same day interviews.

Counties were required to implement CalFresh/MediCal dual enrollment by January 1, 2022.  See ACL 21-52, summarized here.  That deadline has been extended to January 1, 2023.  (ACL 21-150, December 31, 2021.)