California Department of Social Services - State Hearings
Division
Notes from the Training Bureau - July 3, 2006
| Item 06-07-01A Paraphrased Regulations |
This version of the paraphrased regulations provides 40 additions and 18 revisions to paraphrased regulations. There are also 12 deleted paraphrased regulations and one renumbered one.
The major areas of changes are in:
* " the CalWORKs Welfare-to Work section (100-108) because regulations attached to All-County Letter (ACL) 06-09 deleted the 18 and 24-month time limits and added provisions regarding core and non-core activities;
* " the CalWORKs foster care section (180-186) because All-County Information Notice (ACIN) I-19-06 advised of federal law that eliminated the Rosales provisions effective October 1, 2005 and ACIN I-27-06 addressed court order requirements in placing children in foster care;
* " the Medi-Cal county/applicant/recipient responsibility sections (410) and (411-418) because All County Welfare Director's Letter (ACWDL) 06-16 is a 25-page letter with a lot of information regarding Medi-Cal applications; and
* " the Medi-Cal section regarding PCSP (560-567) because ACIN I-28-06 provided answers to questions regarding PCSP and the IHSS Plus waiver program
Issue code 448 now includes the Breast and Cervical Cancer Treatment Program (BCCTP) as ACWDL 06-09 has finally been issued that provides some information about BCCTP.
Deleted
| S103-14 S109-1 S109-3 S109-4 |
S109-4A S109-6 S109-6B S109-6C | S109-6G S109-6H S109-6I S270-12B |
Renumbered
612-5 to 612-6
Revised
| 014-7 | County duty to put its discretionary standards in writing (21-115; Handbook 11-501.3; ACL 00-08, 02-03) |
| 100-3 | County duty to put its discretionary standards in writing (21-115; Handbook 11-501.3; ACL 00-08, 02-03) |
| 100-5A | Definition of "appraisal" and county informing requirements (42-711.521, .522) |
| 100-6 | Definition of "reappraisal" (W&IC 11326; ACL 97-72; 42-711.71) |
| 101-2A | Minimum hours of WTW participation; core and non-core activities defined (42-701(c)(4), (n)(1)); ACL 04-41; W&IC 11322.8(a-c) |
| 106-13 | Available mental health services (W&IC 11325.7(c); 42-716.411-.415) |
| 106-16 | Required substance abuse treatment services (W&IC 11325.8(a); 42-716.51) |
| 106-21 | Requirement to meet with recipient, and give recipient form to sign, with respect to grant-based OJT ramifications (42-716.71) |
| 109-6A |
Single parents must participate for 32 hours per week, and parents in a two parent AU must participate for 35 hours (42-711.4) |
| 109-21B | Specific exception to general 60-month time limit for adults based on inability to maintain employment or participate in WTW activities (42-302.114) |
| 134-2 | In-kind income; definition (44-101(j)) |
| 134-4 | In-kind income values are prescribed by regulation (44-115.31) |
| 134-4A | Different values for in-kind income in Region 1 and Region 2 (Handbook 44-115.311(a)) |
| 612-2 | Maximum hours for severely impaired person; definition of "severely impaired person"; no dollar limits on IHSS payments as of 4/14/00 (30-765.11 and Handbook 30-765.111, 30-701(s)(1)) |
| 612-4 | Maximum hours for nonseverely impaired individual; no dollar limits on IHSS payments as of 4/14/00 (30-765.11 and Handbook 30-765.121) |
| 920-1A | Eligibility factors for AAP under state law (W&IC 16120; 22 CCR 35326(a)(1)) |
| 1311-5 | Dollar amounts that equal SGA $830 as of 1/05 and $860 as of 1/06(20 CFR 416.974(b); ACWDL 04-40; 05-42, MEPM 22C-2.1) |
Added
| 013-2C |
Counties must provide forms and written materials in individual's primary language; primary language defined (ACIN I-09-06) |
| 018-3G | County welfare department makes good cause determination regarding cooperation with LCSA; good cause criteria (W&IC 11477.04(a) and (b)) |
| 018-3H | Evidence supporting good cause claims (W&IC 11477.04(c)) |
| 103-3A | Generally, non-exempt individual enters welfare-to-work plan after assessment (42-711.6) |
| 103-3B | Individual may enter welfare-to-work plan 90 days after job search if job search initiated within 30 days after eligibility established (42-711.621, .622) |
| 103-4 | Upon completion of job search, participant is assigned to welfare-to-work activities (42-716.1, .11) |
| 103-4A | Unless otherwise exempted or excused, individuals must participate for a minimum average of 20 hours per week in specified core activities (42-716.2, 21 and .211) |
| 103-4B | After participating in at least 20 hours weekly in specified core activities, the remaining hours may consist of any listed welfare-to-work activities (42-716.22) |
| 103-4C | Specified non-core hours can count as core hours (42-716.23) |
| 103-4D | Additional conditions on counting hours spent in non-core activities as core hours (42-716.24) |
| 181-3J | Counties must base eligibility for foster care on criteria that existed prior to Rosales effective October 1, 2005 (ACIN I-19-06) |
| 181-8 | For federal foster care, contrary to the welfare finding must be made in first court order (ACIN I-27-06) |
| 181-8A | County must verify that court finding of "placement and care" is vested with proper listed agency (ACIN I-27-06) |
| 181-8B | County must verify court made proper "reasonable efforts to prevent or eliminate need for removal" finding (ACIN I-27-06) |
| 182-4 | For state foster care contrary to welfare finding must be made, but need not be in first court order (ACIN I-27-06) |
| 182-4A | County must verify that court finding of "placement and care" is vested with proper listed agency (ACIN I-27-06) |
| 182-4B | County must verify court made proper "reasonable efforts to prevent or eliminate need for removal" finding (ACIN I-27-06) |
| 270-9B | SUA increase to $271 effective August 1, 2006 (ACL 06-14) |
| 410-18G | Steps county must follow in different circumstances regarding annual redetermination form (ACWDL 06-16) |
| 410-18H | County must follow SB 87 process if annual redetermination packet is returned as undeliverable (ACWDL 06-16) |
| 415-1C | Annual Medi-Cal redetermination required by state and federal law (ACWDL 06-16) |
| 415-1D | Informing beneficiary of annual redetermination requirements (ACWDL 06-16) |
| 415-1E | Counties must mail only MC 210 RV form along with mandated program information; no need for ex parte review prior to sending redetermination packet (ACWDL 06-16) |
| 415-1F | County must allow beneficiary at least 20 days to complete and return required forms; may not require face-to-face interview unless SB 87 process will not resolve all issues (ACWDL 06-16) |
| 415-4A | If good cause for failing to return forms within 30 days after Medi-Cal termination, Medi-Cal is reinstated without break in benefits; if no good cause' beneficiary must reapply (ACWDL 06-16) |
| 415-4B | If annual form returned complete with verification within 30 days of termination, county must determine eligibility as though submitted timely (ACWDL 06-16) |
| 417-10 | TMC beneficiaries not required to complete annual redetermination (ACWDL 06-16) |
| 417-14A | Children who are eligible for CEC when added to an existing MFBU continue to retain $0 share of cost for initial 12-month period even if rest of MFBU has share of cost after annual redetermination (ACWDL 06-16) |
| 417-14B | Infant receiving benefits during continuous eligibility (deemed eligibility) remain eligible until one year old if DE requirements met (ACWDL 06-16) |
| 447-11 | Disabled widow(er) eligibility under Pickle (Pickle Handbook §5-1 through-5-4) |
| 448-5 | Criteria for federal BCCTP (ACWDL 06-09) |
| 448-5A | Criteria for state-funded BCCTP (ACWDL 06-09) |
| 448-5B | Toll-free number for persons applying at county for, or apparently eligible for BCCTP (ACWDL 06-09) |
| 487-6A | 2005 and 2006 Statewide APPR for Medi-Cal transfer of property period of ineligibility (ACWDLs 05-09, 06-11) |
| 563-3B | In PCSP, no NSI/SI distinction; all cases eligible to 283 hour maximum although if case meets NSI criteria, only 195 hours may be for protective supervision (ACIN I-28-06) |
| 567-10 | A parent working less than full time may be paid as a provider under IPW; two parents working full time may not be paid providers under IPW (ACIN I-28-06) |
| 567-11 | ID waiver recipients who meet IPW criteria are eligible for the IPW; parents of minors who receive Medi-Cal under ID waiver may provide services under IPW (ACIN I-28-06) |
| 567-12 | Respite care is offered under IPW (ACIN I-28-06) |
| 567-13 | Under IHSS Plus Waiver, NSI recipients have 195 hour maximum, SI recipients have 283 hour maximum (ACIN I-28-06) |
| 612-5 | Under IHSS-R, NSI maximum hours are 195, SI maximum hours are 283 (ACIN I-28-06) |
| 625-1A | IHSS-R recipients are those who have needs but are not eligible for full-scope Medi-Cal (ACIN I-28-06) |