The California Department of Managed Health Care Social Services (DMHC) has ordered that health plans reimburse providers at the same rate regardless of the modality of delivery. For services provided by telehealth, a health plan may not impose cost-sharing greater than if the services were provided in person. Health plans must provide the same amount of reimbursement for a service provided by telephone as they would if the service is provided by video, as long as the modality by which the service is provided is medically appropriate for the enrollee. (APL 20-009, March 18, 2020.)
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
Health services during self-isolation orders
The California Department of Managed Health Care Social Services (DMHC) has issued guidance regarding health plan services during self-isolation orders. Health plans must continue to provide health care services and perform health plan functions. Plans may delay some services such as elective surgeries or other non-urgent procedures if the referring or treating provider, or the health professional providing triage or screening services, has determined and noted in the relevant record that a longer waiting time will not have a detrimental impact on the health of the enrollee.
Plans can communicate with enrollees electronically and/or telephonically if the plan does not have personnel available to mail hard copy information. Plans must maintain a record or log of such communications. (APL 20-008, March 18, 2020.)
FHA mortgage and eviction moratorium
The United States Department of Housing and Urban Development (HUD) has issued a directive that properties secured by FHA- insured Single Family mortgages are subject to a 60 day moratorium on foreclosure. The moratorium applies to initiation of and completion of the foreclosure process.
Evictions of persons from properties secured by FHA- insured Single Family mortgages are suspended for 60 days.
Deadlines for the first legal action and reasonable diligence timelines are extended by 60 days. (Mortgagee Letter 2020-04, March 18, 2020.)
90 day suspension of redeterminations, CalWORKs clock stop, and public meeting requirements
Governor Gavin Newsom has issued an executive order regarding public benefits programs in California. The executive order suspends otherwise required redeterminations for Medi-Cal, CalWORKs, CalFresh , Cash Assistance Program for Immigrants, California Food Assistance Program, and In Home Supportive Services for 90 days.
The executive order also stops the CalWORKs 48 month time clock through June 17, 2020. Any month or partial month of CalWORKs received will not be counted toward California’s 48 month time on aid limit.
The Executive Order also suspends any requirement of physical presence in the Brown Act or the Bagley-Keene Act for meetings or local or state bodies. Meetings of state or local bodies held via teleconference and allowing members of the public to observe and address the meeting shall satisfy any requirement that the body allow members of the public to attend the meeting and offer public comment.
The body must have a procedure for reasonable accommodations for persons with disabilities and advertise that procedure in each public meeting notice. Requirements for notice of the time and agenda for meetings are unchanged, except that the notice of the time of the meeting must also give notice of how the public may observe and comment. These public meeting provision apply as long as state or local public officials have imposed or recommended social distancing. (Executive Order N-29-20, March 17, 2020.)
CPUC moratorium on utility shutoffs
The California Public Utilities Commission (CPUC) has issued an order that energy, water, sewer, and communications companies under CPUC jurisdiction should stop disconnections for non-payment because of Governor Newsom’s COVID-19 emergency declaration. These customer protections are retroactive to March 4, 2020.
Pursuant to Governor Newsom’s March 16, 2020 executive order Paragraph 6, CPUC will monitor the customer service protections undertaken by public and private utility providers and to report on the customer protection measures they have implemented. (California Public Utilities Commission Press Release, March 17, 2020.)
Child Welfare and Probation changes due to COVID-19
EXCEPT FOR DISASTER PREPAREDNESS, THIS ACL IS SUPERCEEDED BY ACL 20-25, March 21, 2020, summarized here.
The California Department of Social Services (CDSS) has issued information regarding changes child welfare services and probation because of COVID-19. Counties must ensure continuity of services. Even if counties operate with reduced face-to-face contact, counties must continue to address safety needs to children reported to be abused, children in foster care and children who remain at home who receive child welfare services.
Current requirements for monthly in-person visitation have not changed at this time. The federal government indicated that there are no exceptions to the requirement for at least monthly visits to children in foster care.
Counties may reassess the need to request support from their peers in out of county placement cases. Counties should also coordinate with tribal partners.
For youth placed out of state, counties should contact CDSS for assistance if there are problems related to travel restrictions for face-to-face visits. CDSS will work with other states to facilitate visits. Counties should be flexible with other states that request assistance with face-to-face visits.
Counties must contact non-minor dependents who are in school to ensure that they have necessary resources while they are out of school and to assist in returning to campuses when schools reopen. To assist with online classes, iFoster is offering free unlimited hotspots, headsets and laptops to assist with taking online classes. A flyer about the program is attached to the All County Letter.
Delays in Resource Family Approval (RFA) related to COVID-19 may be considered good cause for not meeting the 90 days timeframe for RFA completion and emergency caregiver funding should continue beyond 120 days. (ACL 20-23, March 16, 2020.)