CalFresh revised forms and notices due to expansion to SSI recipients

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The California Department of Social Services (CDSS) is revising several forms because of the expansion of CalFresh eligibility to SSI recipients. The CF 285 Application for CalFresh Benefits now includes optional questions regarding the need for a reasonable accommodation and if there is a history of domestic violence, and questions excluding SSI recipients have been removed.  The CF 33 CalFresh Budget Worksheet-Special Medical/Shelter Deduction now includes CalFresh, Supplemental Nutrition Benefits and Transitional Nutrition Benefits programs.

The CF 285, CF 33, CF 377.1 Notice of Approval for CalFresh Benefits, CW 2200 Request for Verification, and SAR 2 Reporting Changes for Cash Aid and CalFresh are all digitally accessible, meaning that screen readers can access them.  The CF 285, CF 33, CF 377.1 and CW 2200 are not available in large font, and, upon request by a county to CDSS, in Braille.

Counties must begin using these new forms on June 1, 2019.  (ACL 19-49, May 20, 2019.)

CalFresh threshold for overissuance collection

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Federal law allows states to establish a minimum amount of an overissuance of Supplemental Nutrition Assistance Program to collect because collection below that amount is not cost effective.  Based on that authority, effective June 1, 2019, the minimum overissuance amount for establishing CalFresh overissuance claims is increased to $400. The new overissuance threshold does not apply to intentional program violations or overissuances discovered through quality control review. The new policy also does not affect cases where the household is currently receiving benefits because the threshold does not affect collection by CalFresh grant adjustment.  Claims established before June 1, 2019 are not affected by the new overissuance establishment threshold.

Counties must implement a manual process to determine whether to establish a claim on a closed case until automation is developed and implemented.  (ACL 19-50, May 28, 2019.)

CalWORKs grant cost of living increase

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Effective July 1, 2019, the Minimum Basic Standard of Care (MBSAC) that used to determine CalWORKs grants will increase by 4.15 percent.  This increase is annual cost of living increase.  The Income In Kind level will also increase by 4.15 percent.

If county computer systems are unable to implement the new MBSAC level by July 1, counties must take immediate steps to review and correct any applications denied on or after July 1 if the only reason for the denial was failure to pass the financial eligibility income test because of the MBSAC or Income In Kind amounts used.

This change is a county initiated mid-period change and should be used prospectively as soon as timely and adequate notice can be provided.

This change also applies to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Program benefits.  (ACL 19-47, May 15, 2019.)

Reasonable accommodations in CDSS and DHCS programs

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The California Department of Social Services (CDSS) and the Department of Health Care Services (DHCS) have issued a joint letter reminding counties of their obligation to ensure equal access to persons with disabilities to state and federal funded programs.  This includes providing reasonable accommodations to qualified persons with disabilities and effective communication through auxiliary aids and services.  These obligations apply to all county administered programs, services and activities funded by, or with federal pass-through funds from CDSS and/or DHCS.  These obligations also apply to county contractors and vendors that provide program benefits or services.

Counties must adopt written policies detailing how they will comply with these requirements.  Counties must have a procedure for complaints regarding disability discrimination, including failure to provide a reasonable accommodation.  Counties must inform clients of the county complaint procedure and they may file discrimination complaints with the appropriate state or federal agency.

Title II of the Americans with Disabilities Act (ADA) prohibits counties from excluding from participation, denying benefits or services to, or discriminating against any qualified person with a disability.  A qualified person with a disability is a person with a disability who, with or without accommodation, meets the essential eligibility requirements for the program provided by the public entity.  Disability is a physical or mental impairment that substantially limits one or more major life functions, a record of such an impairment or being regarded as having such an impairment.  California law defines disability more broadly by removing the word “substantially” from the definition of disability, and counties are required to follow California law.  The ADA also guarantees equal access to individuals who have a relationship or association with a disabled person.

The ADA does not require public entities to allow a person with a disability to participate if that person poses a direct threat to health or safety of others.  However, the county must determine whether a person is a direct threat only evaluating whether reasonable accommodations can mitigate or eliminate the risk.  The determination of whether a person poses a direct threat must be made based on objective factual evidence and an individualized assessment.

The ADA requires counties to make reasonable accommodations by modifying their policies, practices, or procedures when necessary to provide equal access to persons with disabilities.   This includes waiving a program rule or policy to help a person with a disability, or a change in the way a county carries out a policy or practice affecting a person with a disability.

Counties must notify all clients of the right to request reasonable accommodations and the protection against discrimination on the basis of disability.

When the county has actual knowledge of a disability or when the need for an accommodation is obvious, county staff must offer to assist with appropriate disability specific accommodations.  Counties are encouraged to train staff to identify disabilities and offer to assist identifying accommodations.

When an individual asks for a change in county policies, practices, or procedures because a disability, this request should be treated as a reasonable accommodation request.  While counties can make a reasonable accommodation request form available, counties cannot require individual to use a specific form for a reasonable accommodation request.   Reasonable accommodation requests can be made in person, by telephone or in writing by the individual or someone acting on the individual’s behalf.  It is not necessary that a person be an authorized representative to request a reasonable accommodation.  There is no limit to the number of accommodation requests a person can make, and each request must be individually evaluated.  Counties cannot impose an arbitrary limit on the duration of a reasonable accommodation.

County staff must document all reasonable accommodation requests and subsequent county actions in the individual’s case file.

If an accommodation is not immediately agreed upon, or if there is a disagreement about the appropriateness of a requested accommodation, county staff must engage in an interactive process with the individual requesting the accommodation or a person acting on their behalf.

A county can deny a reasonable accommodation request only when the accommodation would  fundamentally alter the nature of the program, service or activity, or would impose an undue financial or administrative burden taking into account all resources available to the program, service or activity.  The determination that an accommodation request would be a fundamental alternation or an undue burden must be made by the county welfare department director or designee and must be accompanied by a written statement of the reason for the decision.  If such a decision is made, the county must take alternative action to ensure that the person with a disability can access relevant benefits or services while avoiding a fundamental alteration or undue burden.

Counties cannot impose eligibility criteria that exclude or tend to screen out individuals with disabilities unless such criteria are shown to be necessary for the operation of the program.  Counties must provide programs, activities and services in the most integrated manner possible.  Counties cannot change individuals with disabilities for the cost of reasonable accommodations.

Counties must ensure effective communication with individuals who have vision, hearing or speech disabilities.   Communication with these individuals must be equally effective as communication with people who do not have these disabilities.  This requirement extends to companions of applicants or recipients.  For persons who are blind, have vision loss, or are deaf-blind, this requirement includes providing individuals with disabilities with auxiliary aids and services when necessary to communicate effectively. This can include providing written communication in large print, braille, accessible electronic format for use with a screen reader or via audio recording or a qualified reader.  For persons who are deaf, have hearing loss, or are deaf-blind, this requirement also includes providing a note taker, qualified sign language, oral, cued-speech or tactile interpreter, real-time captioning, telecommunication devices, or written materials.  For persons who have speech disabilities, this requirement includes providing a qualified transliterator.  Counties cannot require persons with communication disabilities to provide their own interpreter.  Counties may allow another adult accompanying an individual with a disability to interpret only in emergency situations or when requested by the persons with a disability.  Counties cannot rely on minors to interpret except in emergency situations when no other interpreter is available.

If counties choose to use Video Remote Interpreting, the service must meet specific technical performance standards.

Counties must consider how the individual normally communicates and must give primary consideration to a request for a particular auxiliary aid or service.

Counties must modify their policies, practices and procedures to allow individual with disabilities to use service animals on their premises.  Counties may not require certification or other proof that an animal has been trained or licensed as a service animal.  When it is not obvious what service an animal performs, county staff may only ask if the animal is required because of a disability and what work or tasks the animal is trained to perform.  (ACL 19-45, May 16, 2019.)

CalFresh treatment of income from gig economy

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The California Department of Social Services (CDSS) has issued clarification about how CalFresh handles income from the gig economy.  Gig economy jobs are short-term jobs coordinated by a third party online tools such as Uber, Lyft or DoorDash.  CDSS states that gigs are paid on a per task basis by the third party is working as an independent contractor which means that CalFresh self-employment income rules apply.

In determining self-employment income, counties must only consider income and expenses that have been verified.  CalFresh recipients must provide verification of the gross amount of their self-employment earnings to the county.  When verifying income, CalFresh recipients must be careful that direct deposit pay stubs may not reflect income prior to deductions taken by the third party.

Both the gross and net income are used when determining CalFresh eligibility and amount of benefits.  In determining gross income, recipients are entitled to an income deduction for self-employment of wither the actual costs of producing self-employment income or 40% of the gross amount earned.  In the gig economy, these costs can include commissions, application fees, gas, car washes, tolls, uniforms and cell phone costs.  Deductible costs do not include net losses from previous periods, taxes, money set aside for retirement, other work related personal expenses such as transportation to and from work, and depreciation.

Recipients may choose only one deduction type, and that method can only be changed recertification or every six months, whichever is earlier.

All other procedures for determining gross and net income apply to income from the gig economy.  (ACIN I-31-19, May 9, 2019.)

IHSS provider travel claims

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The California Department of Social Services (CDSS) has issued clarification about IHSS provider travel claims.  IHSS providers must be paid for time spent traveling between locations where services are provided.  The provider must submit a Provider Workweek & Travel Time Agreement (SOC 2255) to be paid travel time.  Counties must accept travel claims, including retroactive claims for travel prior to the filing of the SOC 2255 form, as long as the travel claim is consistent with the information on the SOC 2255.  The provider must submit a Travel Claim Form (SOC 2275) for each time period that the provider is eligible to receive travel time.  For retroactive claims, county staff must request printing of the SOC 2275 and the print vendor will mail the retroactive SOC 2275 to the provider.  No retroactive claims for travel prior to February 1, 2016 will be accepted.

When a provider lives with a recipient, the provider is entitled to compensation for travel time if the provider provides authorized services for the recipient and then travel to another location to provide authorized services for another recipient.  The provider is entitled to compensation for travel back to their home if that travel is for the purpose of providing additional authorized services for the recipient with whom the provider lives.  Providers are encouraged to develop a work schedule to avoid unnecessary travel.

Counties should request an updated SOC 2255 form only if there is a permanent change in the provider’s travel time. The provider is not required to complete the Recipient and Provider Workweek agreement (SOC 2256) unless the county determines that the provider needs help in scheduling service hours to ensure that the provider stays within the recipient’s monthly authorized hours.  (ACIN I-18-19, March 29, 2019.)