CAPI sponsor deeming

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The California Department of Social Services (CDSS) has issued instructions about sponsor deeming in the Cash Assistance Program for Immigrants (CAPI) program.  If the CAPI applicant or recipient’s sponsor is disabled, the sponsor’s income is deemed to the CAPI applicant or recipient until the sponsor dies, the applicant or recipient naturalizes or the applicant or recipient has worked for 40 quarters in the United States.  If the sponsor is not disabled, deeming is for 10 years from date of entry or date of execution of the affidavit of support, whichever is later.

When sponsor deeming applies, the sponsor must provide the county with their income and resources when the sponsored immigrant applies for CAPI and at least annually after CAPI is granted.  The county will send a form to the sponsor and the CAPI applicant or recipient requesting information from the sponsor.  The SOC 860 form is recommended but not required.  The sponsor will be given 15 days to provide the information.  If the sponsor does not respond, the county will send a second copy of the form to the sponsor.  If the sponsor does not respond, the county will deny or discontinue CAPI.  If the sponsor does not submit requested verification, the county will deny or discontinue CAPI.

If an immigrant is no longer being provided with support by their sponsor, and as a result the immigrant is no longer able to provide themselves with food and shelter, the immigrant may be eligible for the indigence exception to sponsor deeming.  The applicant or recipient can apply for the indigence exception by completing the SOC 809 form.  The county will compare the information provided by the applicant or recipient and the information from the sponsor in deciding whether to grant the indigence exception.  Note that when the sponsor has no income, there is no need for the indigence exception because the sponsor has no income to deem.

If the whereabouts of the sponsor are unknown, the county investigates the sponsor’s location by submitting a Form G-845 to USCIS.  If the county is satisfied based on the response to the G-845 and any other investigation the county does that the sponsor’s whereabouts are unknown, the county should accept the CAPI applicant or recipient’s statement regarding the sponsor’s lack of support unless those statements conflict with other information in the case file.  (ACL 17-33, April 17, 2017.)

Transfer of families to Stage 2 child care

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The California Department of Education (CDE) has issued instructions about the process for transferring families from Stage 1 to Stage 2 child care.  Both Stage 1 and Stage 2 child care are for families receiving CalWORKs.  Stage 1 child care is administered by a county welfare department (CWD) or a child care alternative payment program (APP) under contract with a CWD.  Families are transitioned to Stage 2 when the county determined they are “stable.”  Stage 2 is administered by APPs.

The process to transfer from Stage 1 to Stage 2 is to be seemless with no break in services.  Stage 2 programs must develop efficient and coordinated systems with Stage 1 programs to ensure that child care services seamlessly continue for families moving between Stage 1 and Stage 2 with no break in aid.

CalWORKs families are categorically eligible for Stage 2 and pay no family fees.  A family receiving CalWORKs does not need to report changes in income or family size to the APP and cannot be terminated for failure to do so.  If a family receiving CalWORKs would otherwise have their child care terminated for violation of an APP’s policies, the APP must notify the CWD to determine what steps to take including referral back to Stage 1.

When transferring from either Stage 1 or another Stage 2 program, the APP can only require nine listed data elements and cannot require any other information from the family.  The APP must request the nine data elements from Stage 1 or other Stage 2 program.  The family is not responsible for providing the information.  APPs cannot require the family or child care provider to furnish documentation provided to the Stage 1 or other Stage 2 program within one year of the application date unless documentation is missing and that documentation affects eligibility for services.

When the Stage 2 program receives the nine data elements, it must assume full responsibility for reimbursing the provider, provide the parent with a notice that the transfer is complete, and notify the family about returning the transfer of enrollment form to certify that the nine data elements are correct.  The APP should allow at least 30 days to return the transfer of enrollment form and should not terminate services for failure to return the transfer of enrollment for six months.

The APP cannot require the family to complete a new application and cannot require the family to furnish information previously provided to the transferring Stage 1 or other Stage 2 program unless there is a reported change that requires an update.  (Management Bulletin 17-06, May, 2017.)

Changes to State-Funded Breast and Cervical Cancer Treatment Program

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The State-funded Breast and Cervical Cancer Treatment Program (BCCTP) supplements the Federal program by providing eligibility for women regardless of immigration status or age and for men with breast cancer of any age or immigration status.  The state program also covers those who are uninsured or underinsured (including those with a share of cost or those eligible for Covered California).

Prior to January 1, 2017, coverage was time-limited (18 months for breast cancer, 24 months for cervical cancer).  Reoccurrence of either breast or cervical cancer would not qualify for a new period of eligibility unless there was a new qualifying diagnosis approved by the state’s consultant.

As of January 1, 2017, an individual diagnoses with recurring breast or cervical cancer may receive an additional period of eligibility if the original period of coverage has expired and the individual submits a physician’s statement.  The cancer may be located at the original location or a different location, but the individual must continue to meet all other eligibility criteria to receive the new period of coverage.

DHCS ACWDL 17-11 (April 12, 2017).

CalFresh Standard Medical Expense Deduction project

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The California Department of Social Services (CDSS) has issued instructions about implementation of CalFresh Standard Medical Expense deduction.  CDSS received a waiver to implement a Standard Medical Expense deduction beginning October 1, 2017.

Elderly and/or disabled households with medical expenses over $35 per month are entitled to a CalFresh income deduction for their medical expenses.  Currently, the deduction is dollar for dollar verified medical expenses over $35 per month.  Effective October 1, 2017, the medical expense deduction will be a standard $120 per month when the elderly and/or disabled household has over $35 per month of medical expenses.  If verified medical expenses are over $155 per month, the household will be able to deduct actual medical expenses.

Households can voluntarily report medical expense increases mid-period and the new deduction amount will be used for the remainder of the reporting period.  (ACL 17-35, April 25, 2017.)

Changes to Medi-Cal’s Special Needs Trusts Rules

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The passage of the 21st Century Cures Act has expanded the category of individuals authorized to establish a special needs trust to include the disabled trust beneficiary.  Previously, SNTs were only established by a disabled beneficiary’s parent, grandparent, legal guardian, court, or third party nonprofit.  This change is effective for trusts established on or after December 13, 2016.

DHCS ACWDL 17-13 (April 14, 2017).

CalFresh processing for domestic violence survivors

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The California Department of Social Services (CDSS) has issued instructions about AB 2057 regarding CalFresh processing for domestic violence survivors.  A domestic violence survivor who is a resident of a shelter and whose current CalFresh household includes the abuser can apply for CalFresh as a separate household and may be eligible for an additional allotment of CalFresh once per month.  Shelter residents and their children can be aided as members of the former household and as members of a new household once per month.

If the domestic violence survivor is the head of household, the survivor may ask to close the former CalFresh case that included the abuser.  If the request is made is writing or in the presence of an eligibility worker, the change can be made with adequate notice.  If the request is made verbally, the county must provide both adequate and timely (10 days) notice.

CDSS must provide shelters with information about CalFresh eligibility for domestic violence survivors.  CDSS provided a sample with its instructions.

Domestic survivors are now deferred from mandatory participation in CalFresh Employment and Training.  Counties must accept self-attestation of domestic violence unless there is strong evidence that the self-attestation is not credible.  (ACL 17-30, April 17, 2017.)