The California Department of Social Services (CDSS) informs counties that personal protective equipment is being made available to In-Home Supportive Services (IHSS) Public Authority offices in each county to distribute to IHSS Providers who are taking care of individuals with suspect or confirmed COVID-19. Each set of personal protective equipment will include a face mask and a pair of gloves. (ACL 20-41, April 17, 2020.)
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
COVID-19
COVID-19 extended sick leave for food service workers
Governor Newsom has issued an Executive Order giving extended sick leave to food service workers impacted by COVID-19. The Order grants 80 additional hours of sick leave to food service workers, as defined in the Order, who were working full time or scheduled to work 40 hours per week the two weeks prior to taking sick leave. The workers must be subject to a quarantine order, advised by a health care professional to self-quarantine or isolate, or are prohibited from working by the employer because of health concerns related to COVID-19 to be eligible. Part time workers are eligible for extended sick leave based on the number of hours they have worked or are expected to work.
An employer may not require using other paid or unpaid leave, paid time off or vacation time prior to using supplemental sick leave.
The Labor Commissioner shall enforce this Order. The supplemental paid sick leave will be effective for the pendency of any statewide stay-at-home orders issued by the State Public Health Officer. (Executive Order N-51-20, April 16, 2020.)
COVID-19 insurance refunds, credits and reductions
The Department of Insurance (DOI) has orders insurers to make premium refunds for March and April, 2020 because of COVID-19 because of curtailed activities of policyholders. These refunds are for private auto insurance, commercial auto insurance, workers’ compensation insurance, commercial multiple peril insurance, commercial liability insurance, medical malpractice insurance, and any other line of coverage where measures of risk have become substantially overstated because of COVID-19.
Insurers can reclassify exposure or reduce the exposure base (miles driven, payroll receipt etc) without prior approval of rates or rules by DOI if done consistent with the insurer’s existing rate plan.
Insurers may refund premium without prior DOI approval if they apply a uniform premium reduction for all policyholders in an individual line of insurance. The amount of the refund can be an average percentage based on estimated change in risk and/or reduction in exposure base.
Alternatively, insurers can reassess the classification and exposure bases of affected risks on a case-by-case basis. For example, an insurer could reclassify a personal automobile exposure from commute use to pleasure use and reduce estimated miles driven accordingly for the duration of COVID-19.
Insurers must provide each affected policyholder a notice of the amount of the refund, and a check, premium credit, reduction, return of premium or other adjustment within 120 days. Insurers must report to DOI actions taken and planned to refund premiums within 60 days. (Bulletin 2020-3, April 13, 2020.)
COVID-19 IHSS initial assessments
The California Department of Social Services (CDSS) is now allowing initial In Home Supportive Services (IHSS) assessment to be done by video call. Counties must continue to do initial face-to-face assessments when appropriate.
Quality Assurance/Program Integrity home visits can be done in person or by video call during the COVID-19 emergency. (ACL 20-42, April 16, 2020.)
COVID-19 overpayment and overissuance collection
The California Department of Social Services (CDSS) has issued guidance regarding temporary changes to Franchise Tax Board (FTB) and Treasury Offset Program (TOP) collection of CalWORKs overpayments and CalFresh overissuances.
On March 25, 2020, FTB suspended all non-tax collection, including CalWORKS and CalFresh debts, until July 15, 2020 because of COVID-19. FTB pre-offset letters will be suspended.
California was granted permission by the Food and Nutrition service to suspend TOP offsets for CalFresh debt between April 6, 2020 and July 6, 2020. TOP pre-offset letters will continue to be generated for debts that are 120 days delinquent.
Counties may approve refund requests for circumstances related to COVID-19 for TOP and FTB collections that occurred on or after March 1. This is discretionary with the county. These debts will remain outstanding to be collected starting in July, 2020. Any refunds must also include administrative fees.
Counties may continue to accept payments and enter into new repayment agreements. Counties can modify agreements or defer payments on request to mitigate the effects of COVID-19.
All other collection activities should continue. (ACWDL, April 16, 2020.)
COVID-19 treatment of individual stimulus for CalWORKs and CalFresh
The California Department of Social Services (CDSS) has issued guidance about how the individual stimulus payment is to be treated for purposes of CalWORKs, CalFresh and TCVAP.
Individual stimulus payments are excluded from being considered income in the month received and will not be considered as asset for 12 month following receipt. (ACWDL, April 15, 2020.)