Clarification of definition of “own home” for In-Home Supportive Services eligibility

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The CDSS has provided clarification regarding the In-Home Supportive Services (IHSS) program definition of “own home” as it relates to alternative living arrangements and IHSS eligibility.  Welfare and Institutions Code Section 12300(a) defines “own home” as “homes or abodes of their own choosing.”  Homeless applicants and recipients often do not have a permanent dwelling that can be viewed as their “own home” because they do not have permanent housing.  However, based on new Welfare and Institutions Code Section 18999.8, the definition of “own home” has been reevaluated to include certain alternative living arrangements.  County staff will evaluate each alternative living arrangement to ensure that authorized services can be delivered in a safe manner considering necessary universal precautions.  While deciding if a location will be eligible, the county should provide all necessary support to the applicant or recipient so that they may remain in the alternative living arrangement or transitional housing and be able to receive IHSS. 

An RV may meet the definition of an “own home” if utilities needed to provide authorized IHSS in a safe manner are available, and the RV can be situated in a single location for a “period of time” sufficient to assess the individuals needs and deliver those authorized services to the recipient.  Such locations include a campground, RV park or other private property where the RV has been authorized to stay for a period of time.  

IHSS recipients living in remote or rural areas, including Native American tribal lands, would be eligible for IHSS even without local utilities services if they have access to alternate resources. In these situations, county social workers should evaluate the specific circumstances of the recipient’s dwelling. 

A homeless shelter could be considered an “own home” if the management of the homeless shelter allows the IHSS recipient to remain there for a “period of time” and allows IHSS staff to perform an IHSS assessment and the IHSS provider to be present in the shelter to provide needed services. An IHSS recipient who moves into the residence of a family member or friend may be considered to be living in his/her “own home” if the family member allows the recipient to remain in the home for a specified “period of time.” Recipients are responsible for notifying the county IHSS office whenever there is a “substantive change in living arrangements.” which would require a reassessment.

If a recipient cannot be located, county IHSS staff should make a good faith effort to communicate with the recipient, including making telephone calls to all known recipient numbers, direct mail, email, in-home visits, and contact with known family or friends of the recipient. All attempts should be documented, and copies of returned mail should be maintained in the recipients case file. After the county staff has attempted to contact the recipient, the county may terminate the case and send a Notice of Action to the recipient’s last known address ten days prior to the termination date of the case.

Certain extraordinary situations may cause an IHSS to lose access to his/her home, but the IHSS recipient can continue to receive IHSS while living in a temporary “alternative living arrangement.” Emergency situations such as these should be considered an “unexpected extraordinary” change in circumstance. County social workers may perform a reassessment at the emergency shelter to determine if a temporary adjustment in the authorized weekly hours of a recipient is necessary. If the recipient is moved from the emergency shelter into temporary housing, the social worker must assess the temporary housing as well. If local utility services have not yet been re-established, the county social worker will need to evaluate the alternative resources to determine if the recipient is still allowed to receive his/her authorized services. 

Welfare and Institutions Code Section 18999.8 authorizes counties to create homeless adult and family interdisciplinary teams to assess homeless individual’s living accommodations and service needs.  Counties that have multidisciplinary teams are developing protocols to assist in transitioning homeless individuals to transition to permanent housing. One of the goals of multidisciplinary teams is to move homeless individuals who need IHSS to a safe and stable living situation where they can receive authorized services.  IHSS social workers should provide all adequate referrals to assist the applicant or recipient in arranging for a safe living environment before denying an IHSS applicant or terminating an IHSS recipient for not meeting the definition of “own home.”  (ACIN I-19-20, February 25, 2020.)

 

CalFresh Expedited Service Entitlement and Application Timeframes

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The California Department of Social Services has issued guidance for County Welfare Departments (CWDs) clarifying the timeframes for processing CalFresh applications and the circumstances  when a household is entitled to expedited service (ES).

All CalFresh applications must be screened to determine if the household meets the criteria for ES entitlement at the time the application is filed or at any time during the application process. Households found entitled to ES must have access to their CalFresh benefits by the third calendar day following the date of application. This three-day processing timeline includes screening the application, scheduling the interview, processing the application, collecting mandatory verification of the applicant’s identity, and issuing benefits onto the Electronic Benefit Transfer.

A household’s entitlement to ES is not lost due to a delay in meeting the expedited processing timeframe. If a household is entitled to ES, and the CWD cannot schedule the initial interview within the three-day expedited processing timeframe, the CWD must make every effort to meet the federal seven-day expedited processing timeframe. If the CWD cannot meet the federal seven-day expedited processing timeframe, the CWD must process the application as soon as possible.

A household may re-request expedited service at any time prior to approval. If the household is found to be entitled to ES, the three-day timeframe to issue benefts must start on the date the household is found entitled to ES. 

The only way a household can lose ES entitlement is if (1) the household’s circumstances change and the household no longer meets the criteria for ES entitlement or (2) the household is scheduled for an initial interview within the three-day expedited processing timeframe and the household misses the scheduled interview. Under these circumstances the household’s application will be processed under the normal CalFresh processing timeframe. (ACIN I-11-20, February 3, 2020.)

Equitable relief for people with Medicare and Marketplace coverage

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Individuals who have Medicare Part A coverage are considered to meet minimum coverage requirements under the Affordable Care Act and are therefore ineligible to receive premium and cost-sharing assistance for Marketplace health insurance plans.  Individuals who have Medicare Part B coverage are eligible to receive premium and cost-sharing assistance for Marketplace health insurance plans.  The Social Security Administration states that individuals may not have known they were not eligible for premium and cost-sharing assistance for Marketplace health insurance plans if they had Medicare Part A coverage.  This may have caused individuals to not enroll in Medicare Part B, drop Part B or enroll late in Part B and be assessed a penalty.

The Social Security Administration allows individuals to request equitable relief from their failure to have Medicare Part B.  The Social Security Administration is phasing out this relief but has extended it until June 30, 2020.

To be eligible for equitable relief, individuals must have enrollment in premium-free Medicare Part A and meets one or more of the following: Part A entitlement date between July 2013 and June 2020; notified of retroactive Part A entitlement between October 1, 2013 and June 30, 2020 or special enrollment period ended between October 1, 2013 and June 30, 2020.  The beneficiary must also request Part B enrollment or premium surcharge rollback or removal, mention equitable relief or being enrolled in both a Marketplace plan Medicare Part A, and present proof of Marketplace enrollment for any period between January, 2014 and June 30, 2020.  (EM-16033 REV 7, October 25, 2019.)

New SSA-1696 authorized representative form

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The Social Security Administration has issued a new version of the SSA-1696 authorized representative form.  The new form includes two new supplements: SUP 1 Claimant’s Revocation of the Appointment of a Representative and SUP 2 Representative’s Withdrawal of the Acceptance of an Appointment.  The new form also allows registered authorized representatives to use their Representative Identification number instead of the claimant’s social security number.

All users must discontinue using the old SSA-1696 form.  New forms are not required for appointments that are already in effect.  (EM 20004, February 7, 2020.)

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$500 Home Visiting Initiative Material Goods Fund

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The California Department of Social Services (CDSS) has issued guidance for County Welfare Departments (CWDs) participating in the CalWORKs Home Visiting Program (HVP) regarding the use of the $500 material goods funds. Counties should coordinate with home visitors and CalWORKs staff to provide $500 for the purchase of material goods for each family served by HVP. This money may be spent on multiple items and at multiple times, but it is cumulative per case and does not reset.

The funds can be used on items related to the care, health, and safety of the child and family. It may be spent on food if the home visitor decides that it is an immediate need. The funds are not meant to be an incentive to participate, but as a mechanism to help vulnerable families. Counties and their subrecipients and contractors are reminded that these funds cannot be issued directly to participants or used to supplant services already provided through WTW supportive services.

All CalWORKs HVP participants in participating counties are eligible for the $500 material goods funds. If a parent or assisted caretaker relative is removed from the CalWORKS program but continues to participate in HVP, they would still be eligible for HVP services including the $500 material goods. If the custodial parents agrees, participation by the non-custodial parent can be counted for the home visiting initiative.  (ACIN I-4-20 , January 22, 2020.)

Advising CalFresh Work Registrants of Employment Services

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The California Department of Social Services (CDSS) has issued guidance regarding a new federal requirement for County Welfare Departments to inform all CalFresh work registrants (individuals subject to the general CalFresh work requirements) with no earned income of local employment services, including but not limited to CalFresh Employment and Training (E & T). This requirement is effective immediately.

Work registrants are required to register for work every twelve months, provide information to determine employment status, report to an employer when referred by the county welfare department, accept a bona fide offer of suitable employment, and not voluntarily quit a job of 30 hours or more a week or reduce work hours to fewer than 30 hours a week. There is currently no mandatory CalFresh E&T required of work registrants n California.

The county welfare department is responsible for the work registration process and must determine which individuals in the household are work registrants and note this information in the case record. CalFresh recipients are not required to take additional steps in the application or recertification process to complete the work registration process.

All CalFresh recipients are subject to work registration unless they qualify for an exemption. If an individual no longer qualifies for an exemption from work registration, they must be registered for work when reported. (ACL 20-10, February 6, 2020.)