DHCS has issued guidance on Medi-Cal benefits for TCVAP beneficiaries. The letter reviews eligibility for TCVAP and documentation requirements for Medi-Cal eligibility purposes. DHCS ACWDL 15-25 (7/22/15).
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
Notice requirements for Medi-Cal applicants/beneficiaries who fail to respond or provide additional information
In light of the recent preliminary injunction in Korean Community Center of the East Bay v. DHCS, DHCS has instructed counties as of June 23, 2015, to stop discontinuing for failure to respond until appropriate and adequate NOAs can be issued with the specific information requested. DHCS MEDIL I 15-18 (7/29/15).
The state has issued more specific instructions for denials at application (DHCS ACWDL 15-26) and discontinuances at redetermination (DHCS ACWDL 15-27). The letters provide required language for these situations. Additionally, the state reminds counties on how to handle verbal requests for discontinuing benefits. (7/31/15).
Eligibility guidelines for Trafficking And Crime Victims Assistance Program
CDSS issued detailed guidelines for eligibility for the Trafficking And Crime Victims Assistance Program (TCVAP). In general, TCVAP is available to victims of human trafficking, domestic violence and other serious crimes who are not eligible for other state or federal programs. The program began operating in 2007. Because counties requested clarification about policies and procedures for the program, CDSS issued and made publically available program guidelines to supplement existing regulations, All County Letters and All County Information Notices about the program. ACIN I-07-15 (1/29/15).
Extension of CalWORKs eligibility to former foster youth
AB 12 (2010) created CalWORKs eligibility for certain people who were previously in foster care. The program is called the non-minor dependents program. In general, people who were previously in foster care are entitled to extended CalWORKs eligibility if they are completing high school or are in a program leading to a high school equivalent degree, enrolled at least half time in college or vocational education, participating in a program to remove barriers to employment, employed at least 80 hours per week or disabled. CDSS issued regulations implementing the non-minor dependents program and summarized the changes in the regulation package. ACIN I-01-15 (1/28/15).
Policy on fraud investigation requests for school records
CDSS has issued a policy about when a county welfare department or fraud investigator can request school records as part of an investigation. Welf. & Inst. Code Section 11484 requires state and local agencies to cooperate with welfare fraud investigations. However, the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. Section 1232g, protects the privacy of student education records.
CDSS stated that because of FERPA, county welfare departments and welfare fraud investigators can only request what is defined as directory information from a school absent written consent from the student’s parents, a court order or a subpena. CDSS directed county welfare department staff and welfare fraud investigators to cease requesting information from schools other than directory information without parental consent, a court order or a subpoena. ACL 15-47 (6/17/15).
Revised regulations on parents as IHSS providers for children under age 18
Following a decision of the CDSS director that invalidated CDSS’ prior regulations, CDSS issued revised regulations about eligibility for parents to be IHSS providers for their children. The revised regulations are at MPP Sections 30-763.44 and .45.
The revised regulation continues the rule that a child under age 18 is eligible for IHSS when the no parent is available to provide IHSS, which is defined as when the parent(s) is employed or enrolled in an education or vocational training program, or physically or mentally unable to provide IHSS services. A parent is considered unavailable only if unavailability occurs during the time the child must receive a specific service.
In addition, IHSS is available from a non-parent provider for up to 8 hours per week when parents are unavailable in order to do shopping or errands necessary for the family, to search for employment or to care for the recipient’s minor siblings. The regulations continue the rule that a parent who is required to leave or cannot obtain full-time employment because of the need to provide care for a child can be an eligible IHSS provider. The regulations also continue the rule that a parent cannot be the IHSS provider when a second parent who is in the home is available to provide care. The new regulations clarify that the restrictions who can be a provider for children under age 18 apply only to natural or adoptive parents. CDSS also included several questions and answers about the revised regulations.
ACL 15-45 (5/1/15).