ACL 09-05: CalWORKs Information Regarding California Registered Domestic partners (RDPs) And Same-Sex Spouses (2/27/09)

Policy direction regarding eligibility of same-sex married spouses to the CalWORKs, Food Stamp, and Refugee Cash Assistance (RCA) programs, and instructions regarding eligibility for Medi-Cal. (DHCS has issued ACWDL 09-03 and ACWDL 09-04 regarding this.) The California RDP is an individual who has a declaration of domestic partnership registered with the California Secretary of State. AB 205 extended these rights and responsibilities to a member of a legal union validly formed in another jurisdiction that is equivalent to a California RDP.

For CalWORKs , RDPs have the same rights and responsibilities as stepparents. Pending judicial resolution, all same-sex marriage licenses issued between June 16, 2008 (when the In re Marriage Cases finding the bar on same-sex marriages unconstitutional became final) and November 4, 2008 (Prop 8) are deemed to be valid on the basis of marriage for the purposes of CalWORKs eligibility. Massachusetts and Connecticut also permit same-sex marriages.

CalWORKs Stage One child care services does not change – RDPs and same sex spouses are treated as stepparents. The CalWORKs parent will have the option include or exclude the RDP/same-sex spouse in the AU, which could impact the availability of child care in the home. If a RDP/same-sex spouse adopts the eligible child(ren), the RDP/same-sex spouse will be considered a parent and a member of the AU, so the same eligibility requirements for two-parent families will be applied

No change to the Food Stamp Program, which never cared about this, looking only at the group that purchases/prepares food together.

RCA is the same as CalWORKs.

RDPs/same-sex spouses are not eligible for federal Medi-Cal benefits unless they are a natural or adoptive parent of a child in the AU, the name of both RDPs/same-sex spouse appear on the child’s birth certificate, or they can establish eligibility on their own behalf (e.g. by being aged, blind, disabled, pregnant, etc.) The RDP/same-sex spouse may be eligible for specific state funded Medi-Cal programs because he/she is treated as a spouse under state law. When the RDP/same-sex spouse is not the natural or adoptive parent of a child in the AU, but he/she is eligible for CalWORKs, a separate Medi-Cal determination must be made for that RDP/same-sex spouse and in some instances for the rest of the family.
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ACWDL 09-34: Medi-Cal eligibility division eligibility policy and regulation center pilot website (6/29/09)

DHCS launched a pilot website, E-PARC, that is intended to make searching ACWDLs easier and to be more effective for researching Medi-Cal eligibility policy. It is up and running, but not to be solely relied upon yet as it currently is displaying letters from only four subjects- Citizenship, Identity, Continuous Eligibility for Children and Mid-Year Status reporting. Anyone can access the website at www.e-parc.ca.gov. There is an evaluation survey on the website; surveys filled out in the month of July will be evaluated for the website enhancement work beginning in August. [Download]

ACWDL 09-33: Processing eligibility determinations for the 250 % WDP (6/25/09)

Counties must place eligible beneficiaries in the 250% Working Disabled Program when their WDP premium would be lower than their share of cost. Counties must then contact the beneficiary and explain the advantages and disadvantages of the program. Beneficiaries can then decide which program they prefer to be in. The letter includes a list of advantages and disadvantages that counties can provide to beneficiaries. [Download]

ACWDL 09-30: Premium assistance for COBRA continuation coverage for unemployed workers and COBRA premium reduction exemption (6/18/09)

The COBRA premium reduction is considered exempt income and property under Medi-Cal. To ensure no change in eligibility, when part of a beneficiary’s premium is being paid for by the federal government Medi-Cal still counts that as a health insurance premium payment so there is not change in countable income, deductions, and share of cost. HIPP also pays for COBRA premiums for some beneficiaries. [Download]

ACWDL 09-28: Changes as a result of July 1, 2009 2.3 % payment standard reduction for the SSI / SSP program (6/17/09)

On July 1, 2009 there will be a 2.3% reduction to the SSI/SSP rate. To avoid problems with ARRA Medi-Cal will not implement the new SSI/SSP standard. This means anyone who is now eligible for certain programs such as the A&D FPL, DAC, DW, and 250% WDP will retain their eligibility even if their income if above the new July 1 SSI/SSP rate, if they remain in all other ways eligible. There is a new FPL program for the blind, FPLB, beginning July 1. FPLB mirrors the A&D FPL program. Individuals discontinued from SSI/SSP due to the reduction will have their eligibility redetermined through the Craig v. Bonta procedures. For individuals denied SSI/SSP for being over income after July 1 Medi-Cal will continue the application process, the date of application will be the date the individual applied for SSI. [Download]