Bill Text: CA AB376 | 2015-2016 | Regular Session | Enrolled
Bill Title: CalWORKs eligibility: immunizations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB376 Detail]
Download: California-2015-AB376-Enrolled.html
BILL NUMBER: AB 376 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 3, 2015
PASSED THE ASSEMBLY SEPTEMBER 8, 2015
AMENDED IN SENATE AUGUST 31, 2015
AMENDED IN SENATE JUNE 19, 2015
AMENDED IN ASSEMBLY APRIL 21, 2015
AMENDED IN ASSEMBLY APRIL 6, 2015
INTRODUCED BY Assembly Member Lopez
FEBRUARY 18, 2015
An act to amend, repeal, and add Section 11265.8 of the Welfare
and Institutions Code, relating to CalWORKs.
LEGISLATIVE COUNSEL'S DIGEST
AB 376, Lopez. CalWORKs eligibility: immunizations.
Existing law requires each county to provide cash assistance and
other social services to needy families through the California Work
Opportunity and Responsibility to Kids (CalWORKs) program using
federal Temporary Assistance to Needy Families block grant program,
state, and county funds. Under existing law, all applicants for or
recipients of CalWORKs are required to ensure and provide
documentation that each child in the assistance unit who is not
required to be enrolled in school has received all age-appropriate
immunizations, unless it has been medically determined that an
immunization for the child is not appropriate or the applicant or
recipient has filed with the county welfare department an affidavit
that the immunizations are contrary to the applicant's or recipient's
beliefs.
This bill would, commencing July 1, 2016, instead require the
applicant or recipient to ensure that each child in the assistance
unit who is not required to be enrolled in school has received all
age-appropriate immunizations. The bill would also authorize the
county to review the California Immunization Registry in lieu of
initially requesting verification of an immunization before requiring
the applicant or recipient to provide documentation that the
immunization has been performed.
Existing law continuously appropriates moneys from the General
Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation
would not be made for purposes of implementing the bill.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11265.8 of the Welfare and Institutions Code is
amended to read:
11265.8. (a) All applicants for aid under this chapter, within 30
days of the determination of eligibility for Medi-Cal benefits under
Chapter 7 (commencing with Section 14000), and 45 days for
applicants already eligible for benefits under Chapter 7 (commencing
with Section 14000), and all recipients of aid under this chapter
within 45 days of a full or financial redetermination of eligibility
for aid under this chapter, shall provide documentation that all
children in the assistance unit not required to be enrolled in school
have received all age-appropriate immunizations, unless it has been
medically determined that an immunization for a child is not
appropriate or the applicant or recipient has filed with the county
welfare department an affidavit that the immunizations are contrary
to the applicant's or recipient's beliefs. If the county determines
that good cause exists for not providing the required documentation
due to lack of reasonable access to immunization services, the period
shall be extended by an additional 30 days. If the documentation is
not provided within the required time period, the needs of all
parents or caretaker relatives in the assistance unit shall not be
considered in determining the grant to the assistance unit under
Section 11450 until the required documentation is provided. The
department shall track and maintain information concerning the number
of sanctions imposed under this section.
(b) At the time of application and at the next redetermination of
eligibility for aid under this chapter, all applicants and recipients
shall be given notice advising them of their obligation to secure
the immunizations required in subdivision (a). The notice shall also
contain all of the following:
(1) The Recommended Childhood Immunization Schedule, United
States, and the Recommended Immunization Schedule for Children Not
Immunized on Schedule in the First Year of Life, as appropriate,
approved by the Advisory Committee on Immunization Practices, the
American Academy of Pediatrics, and the American Academy of Family
Physicians.
(2) A description of how to obtain the immunizations through a
fee-for-service provider that accepts Medi-Cal, a Medi-Cal managed
care plan, a county public health clinic, or any other source that
may be available in the county as appropriate.
(3) A statement that the applicant or recipient may file an
affidavit claiming that the immunizations are contrary to the
applicant's or recipient's beliefs.
(c) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 2. Section 11265.8 is added to the Welfare and Institutions
Code, to read:
11265.8. (a) (1) All applicants for, and recipients of, aid under
this chapter shall ensure that all children in the assistance unit
not required to be enrolled in school have received all
age-appropriate immunizations, unless it has been medically
determined that an immunization for a child is not appropriate or the
applicant or recipient has filed with the county welfare department
an affidavit that the immunizations are contrary to the applicant's
or recipient's beliefs.
(2) In lieu of initially requesting verification of
age-appropriate immunizations, the county may first verify whether
each child described in paragraph (1) has received all
age-appropriate immunizations by reviewing the California
Immunization Registry established pursuant to Section 120440 of the
Health and Safety Code. If the registry does not contain records of
these immunizations, the county shall require the applicant or
recipient to provide documentation that the immunizations have been
performed, unless the applicant or recipient has filed an affidavit
that the immunizations are contrary to his or her beliefs or has
supplied documentation that it has been medically determined that an
immunization is not appropriate. This documentation shall be provided
within the following time periods:
(A) Within 30 days of the determination of an applicant's
eligibility for Medi-Cal benefits under Chapter 7 (commencing with
Section 14000).
(B) Within 45 days for an applicant who is already eligible for
benefits under Chapter 7 (commencing with Section 14000).
(C) Within 45 days of a full or financial redetermination of
eligibility for aid under this chapter.
(3) If the county determines that good cause exists for not
providing the required documentation due to lack of reasonable access
to immunization services, the period shall be extended by an
additional 30 days.
(4) If the documentation is not provided within the time periods
set forth in this section, the needs of all parents or caretaker
relatives in the assistance unit shall not be considered in
determining the grant to the assistance unit under Section 11450
until the required documentation is provided. The department shall
track and maintain information concerning the number of sanctions
imposed under this section.
(b) At the time of application and at the next redetermination of
eligibility for aid under this chapter, all applicants and recipients
shall be given notice advising them of their obligation to secure
the immunizations required in subdivision (a). The notice shall also
contain all of the following:
(1) The Recommended Childhood Immunization Schedule, United
States, and the Recommended Immunization Schedule for Children Not
Immunized on Schedule in the First Year of Life, as appropriate,
approved by the Advisory Committee on Immunization Practices, the
American Academy of Pediatrics, and the American Academy of Family
Physicians.
(2) A description of how to obtain the immunizations through a
fee-for-service provider that accepts Medi-Cal, a Medi-Cal managed
care plan, a county public health clinic, or any other source that
may be available in the county as appropriate.
(3) A statement that the applicant or recipient may file an
affidavit claiming that the immunizations are contrary to the
applicant's or recipient's beliefs.
(c) This section shall become operative on July 1, 2016.
SEC. 3. No appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall be made for purposes of implementing this
act.
