The California Department of Social Services (CDSS) has issued policy guidance regarding verification and deduction of medical expenses, specifically transportation, for CalFresh eligibility.

Households can claim the excess medical deduction for non-reimbursed medical expenses over $35 per month incurred by an elderly and/or disabled household member.  The standard medical expense deduction is $120.  Households can request using actual medical expenses when medical expenses are over $155 per month.

Medical expenses must be verified for households to claim the medical expense deduction.  Counties cannot require a specific type of verification.  Counties must assist households in obtaining verification if needed.  If the household cannot provide verification, the county determines the CalFresh grant without the medical expense deduction.  Households can claim and verify medical expenses at any time.  Households may use the CF31 form to report medical expenses.

Counties should not re-verify medical expenses if they are unchanged or a change is $25 or less.  Households remain eligible for the standard medical expense deduction if they report their medical expenses continue to exceed $35 per month.

Allowable medical expenses include the cost of transportation to obtain treatment or services.  This includes transportation to health care appointments and pharmacies and to other locations to fill prescriptions, fittings for dentures, hearing aids or glasses.

Households must verify expenses for public transportation, taxis and ride shares.  For travel by private vehicle, the county must accept a verbal or written statement that the travel was required for medical reasons unless that statement is questionable.  County staff then calculates the mileage using a mapping application.  A copy of the map must be kept in the client’s case file.  Gas receipts are not required.  Mileage counts at the IRS rate which is currently 58 cents per mile.  (ACL 19-89, August 28, 2019.)

Effective August 1, 2019, earned income received directly from the Census Bureau for temporary employment related to the 2020 census must be excluded when determining CalFresh eligibility and benefits.  This policy applies through September 30, 2020. This policy is based on federal approval of a demonstration project.

The temporary census income exclusion cannot be applied retroactively.  However, counties that become aware of households who received income from the Census Bureau and were denied CalFresh benefits and were denied CalFresh after the effective date of this policy should reconsider those denials based on current policy.  (ACL 19-79, August 5, 2019.)

The California Department of Social Services (CDSS) has issued instructions regarding denials of CalFresh applications for failure to provide requested verification.  California has been granted an extension of a waiver by the federal government that allows counties to choose to deny CalFresh applications for failure to submit requested verification within 10 days of the written request even if 30 days have not passed since the application date.  The new waiver is in effect until April 30, 2024.  42 counties have chosen to implement this waiver.

Counties must meet several conditions to deny an application for failure to submit requested verification within 10 days of the written request even if 30 days have not passed since the application date including the county completed an interview with the applicant, inform applicants of the 10 day standard both verbally and in writing, the county must assist the applicant in obtaining verification, counties must act on verification submitted within 60 days of the application date without a new application and grant benefits from the date verification is submitted, and if verification is submitted within 30 days of the application date, the county must reopen the application and grant benefits from the original application date.

In addition, the notice of denial must state the reason for the denial and inform of the right to submit verification within 30 days of the date of application, and if eligible receive benefits from the application date.  (ACL 19-57, June 11, 2019.)

The California Department of Social Services (CDSS) has issued guidance regarding CalFresh eligibility for residents of institutions.  A resident of an institution is an individual who provided over 50 percent of three meals daily at the institution as part of the institution’s normal services.  The following individuals are not considered residents of institutions: residents of federally subsidized housing for the elderly, residents of a drug and alcohol (DAA) rehabilitation center for regular participation in a drug or alcohol treatment program, residents of a group living arrangement who are disabled or blind, temporary residents of a shelter for battered persons and residents of public or private-nonprofit shelters for homeless persons.

For CalFresh purposes, a DAA treatment center must be operating under Title 19 Part B of the Public Health Services Act or be authorized by the Food and Nutrition Service as a retailer.  DAA treatment centers cannot require residents to apply for CalFresh.  If a resident voluntarily applies for CalFresh, they must apply through an Authorized Representative who is employed by and designated by the DAA treatment center.  The DAA treatment center can require residents to use an Authorized Representative employed by the DAA treatment center for receiving and using benefits.

When a household leaves the DAA treatment center, the DAA treatment center must 1) notify the county, provide the household with a change report and advise the household to return the change report to the county within 10 days; 2) provide the household with its EBT card and 3) return household benefits.  If benefits have already been spent on the household and the household leaves prior to the 16th of the month, the DAA must return at least one-half of the monthly allotment.  If the household leaves after the 16th of the month, the remaining portion of the benefits must be returned to the household.

The DAA treatment center is responsible for any, overissuances, losses or misuse of benefits, misrepresentation of facts or intentional program violations.  The resident is held harmless for these overissuances.

Sober living environments cannot be considered a DAA treatment center for CalFresh purposes because no state agency licenses them.  Sober living environments can be authorized by the Food and Nutrition Service as a retailer.

A group living arrangement is a public or private-nonprofit residential home for disabled or blind persons that served no more than 16 residents.  A group living arrangement must be certified by CDSS.  Residents of group living arrangements must be blind or disabled to be eligible for CalFresh.  Residents of private for-profit group living arrangements are ineligible for CalFresh.

If an employee designated by the group living arrangement is acting as an Authorized Representative for the purpose of receiving and using benefits, the group living arrangement may purchase and prepare food to be consumed by CalFresh recipients on a group basis if residents normally obtain their meals at a central location or meals are prepared at a central location for delivery to residents.

If a household leaves the group living arrangement and no benefits have been spent on the behalf of the household for that month, the group living arrangement must return the full monthly allotment.  If the household leaves prior to the 16th of the month and benefits, the group living arrangement must return one-half of the benefit allotment.  If only one member of the household leaves, the group living arrangement must return a pro rata share to the individual who is leaving.  If the household leaves after the 16th of the month and benefits have already been spent on behalf of the household, the household does not receive any benefits for the remainder of the month.

When the group living arrangement is the authorized representative, it is responsible for any, overissuances, losses or misuse of benefits, misrepresentation of facts or intentional program violations and the resident is held harmless.

Persons who reside in shelters for battered persons that are public or private-nonprofits or are authorized by the Food and Nutrition Service, and which are residential facilities that serve meals are eligible for CalFresh.  The Food and Nutrition Service can provide point of sale devices to shelters for battered persons.

A shelter for homeless persons is a public or private-nonprofit facility that temporarily houses homeless persons.  Shelter for the homeless may be a homeless meal provider to accept CalFresh benefits.  Homeless meal providers must be authorized by the Food and Nutrition Service and meals must include food purchased by the homeless meal provider.

Individuals must be homeless to be eligible to use CalFresh at a homeless meal provider.  An employee of a homeless meal provider cannot be an authorized representative.  The homeless meal provide cannot require persons to use CalFresh benefits for their food.  The Food and Nutrition Service can provide point of sale devices to homeless shelters that are meal service providers.  (ACL 19-51, May 23, 2019.)