The California Department of Social Services (CDSS) has issued guidance regarding counting benefits from new unemployment programs as income for CalFresh. Benefits from the Pandemic Unemployment Compensation (PUC), Pandemic Emergency Unemployment Compensation and Pandemic Unemployment Assistance program are unearned income for purposes of CalFresh eligibility and benefits. (ACWDL, April 21, 2020.)
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
COVID-19
COVID-19 additions to Lanterman Act participant directed services
The Lanterman Act specifies services that where participant direction to allow consumers to exercise more authority over how, and by whom, services are provided. Department of Developmental Services (DDS) has issued a directive adding personal assistance, independent living skills and supported employment as services that can be participant directed. This change is to increase the ability for participants to access services during COVID-19. (Regional Center Executive Directors Letter, March 30, 2020, extended to May 29, 2020.)
COVID-19 admissions to and discharges from facilities under DDS jurisdiction
The Department of Developmental Services (DDS) has issued a directive regarding admissions to and discharges from facilities under its jurisdiction. DDS is now denying admission and delaying discharge from the Porterville Developmental Center, the Canyon Springs Community Facility and all Stabilization, Training, Assistance and Reintegration homes under its jurisdiction and control.
DDS and Regional Center staff can continue to prepare for admissions and discharges. For people in community transition planning, the regional resource development project will have conversations to ensure where feasible that such planning continues. (Regional Center Executive Directors Letter, March 25, 2020, extended to May 20, 2020.)
COVID-19 waiver of Regional Center eligibility, in-home care and family fee requirements
The Department of Developmental Services (DDS) has issued a directive to Regional Centers waiving eligibility, in-home care and family fee requirements requirements of the Lanterman Act because of COVID-19.
Any requirements of the Lanterman Act requiring in-person meetings for determining eligibility for Regional Center services is waived. Regional Centers can conduct intakes, evaluations and assessments by remote electronic communication.
If the Regional Center is reasonably certain the applicant is eligible for services, but is unable to make a definitive determination, the Regional Center may determine the person is presumptively eligible. If at reassessment the Regional Center finds that the person is not eligible for services, the requirement that the Regional Center show that the original eligibility finding was clearly erroneous is waived.
The Regional Center must send a follow-up letter to the client, parent, guardian or other authorized legal representative confirming that because of COVID-19, intake meetings, evaluations and assessments will be done by remote electronic communication.
The requirement for in-home respite workers to have first aid and CPR training prior to employment is waived when the client does not have chronic or presenting health concerns.
Family Cost Participation Program and Annual Family Program Fees are waived. (Regional Center Executive Directors Letter, March 25, 2020, extended to May 24, 2020.)
COVID-19 additional waived Regional Center requirements
The Department of Developmental Services (DDS) has issued a directive to Regional Centers waiving additional requirements of the Lanterman Act because of COVID-19.
Any requirements of the Lanterman Act or an Individual Program Plan requiring delivery of services either in-person or at a specific location are waived when requested by a client, parent, guardian or other authorized legal representative. The service provider must notify the Regional Center of the request and the Regional Center must send a follow up letter to the client confirming the request. An agreement to provide services in an alternative location or through electronic communication does not change the frequency or duration of Individual Program Plan services without agreement of the client’s Individual Program Plan team.
Regional Center Executive Directors are delegated authority to grant rate adjustments for residential services and/or supplemental services in residential settings to protect a client’s health or safety because of COVID-19. Intermediate care facilities licensed by the California Department of Public Health can be vendored to provide residential supplemental services. Regional Centers must work with affected providers to expedite vendorization for new or additional supplemental services.
Day program services may be provided by remote electronic communication.
Any requirement for public meetings in the Lanterman Act or a Regional Center contract is waived, except for Regional Center board meetings, which will occur in person or using remote electronic communication.
The 20 working day requirement for investigating and providing a written proposed resolution to a complaint is extended to 40 working days. (Regional Center Executive Directors Letter, March 18, 2020, extended to May 17, 2020.)
COVID-19 Regional Center day services
The Department of Developmental Services (DDS) has issued a directive to Regional Centers that clients who have compromised immune systems or who are more susceptible to respiratory illness remain home instead of attending day services outside of the home. In addition, residents of adult residential care facilities for persons with special health care needs and intermediate care facilities for developmentally disabled with nursing or continuous nursing are to remain home instead of attending day services outside of the home.
Regional Centers are to pay vendors for absences because of COVID-19. (Regional Center Executive Directors Letter, March 12, 2020, extended to May 11, 2020.)