California Department of Social Services - State Hearings
Division
Notes from the Training Bureau - June 1, 2007
| Item 07-06-01A Paraphrased Regulations |
This version of the paraphrased regulations provides 45 additions and 18 revisions
to the paraphrased
regulations. One paraphrased regulation is renumbered.
This version of the paraphrased regulations provides 45 additions and 18 revisions
to the paraphrased
regulations. There are also three deleted paraphrased regulations. One paraphrased
regulation is renumbered.
The majority of the changes are in issue code 568-QA Needs Assessments. In citing most of the issue codes between 568-2 through 568-11 judges now have an option. They can cite the general paraphrased regulation that includes the task definition the rankings, grid and factor/exception examples in one long paraphrased regulation (e.g., 568-2 for meal preparation) or they can cite one or more shorter paraphrased regulations that includes just the task definition (568-2A), just the rankings (568-2B) and/or just the grid/factors/exception examples (568-2C)
For rubbing skin/repositioning, judges may cite paraphrased regulation 568-12 or may cite 568-12A and 568-12B. For care and assistance with prosthesis the options are 568-13 or 568-13A and 568-13B.
There are also some changes in the issue codes. The words "translation of forms" has been added to issue codes 013 and 217 dealing with civil rights and language issues.
The 560-569 issue code section has been renamed In-Home Services Program. Issue code 560 is Personal Care Services Program. Issue code 566 is service evaluations prior to hourly task guidelines. Judges are reminded to use issue code 568 for QA Needs Assessments for all needs assessments completed under the new hourly task guidelines.
Issue code 628 has been added for share of cost issues.
The section for issue codes 620-628 has been renamed Needs Evaluation/Share
of Cost.
Issue Codes
628 Share of Cost
Renumbered
564-5 to 628-1
Deleted
| S135-8 S135-10 S135-18 |
|
Revised
| 138-8 | Agency required to distribute $50 from current support payment (82-520.2,, 82-520.61, as revised 1/28/99; ACIN I-17-07) |
| 252-16 | Restricted accounts are an excluded resource (63-501.3(r); ACL 06-31) |
| 260-3 | Net income of all other HHs other than elderly or disabled (63-503.311; 63-502.2(p); Handbook 63-1101.2; ACIN I-46-05, I-61-06) |
| 260-3C | Net monthly income of household with elderly or disabled member (63-503.312; 63-502.2(p); ACIN I-46-05, I-61-06) |
| 266-6C | Earnings of child under 18 attending school at least half time, are excluded income; exclusion applies to child under 19 effective November 2006 (63-502.2(i), rev. 2/21/02 and again 11/01/06) |
| 266-13 | Child support payments from a household member to an individual living outside the home are excluded as income (63-502.2(p)) |
| 266-14 | Income exempt or excluded from CalWORKs under §44-111 are also excluded for food stamps (63-502.2(q) effective 11/06) |
| 270-9 | Circumstances under which recipient is entitled to SUA; Amount of SUA (63-502.363; ACL 03-36; ACINs I-57-04, I-46-05, and I-61-06) |
| 270-10A |
When households may switch from SUA to actual costs, and vice versa (7 CFR 273.10(d)(6)(ii)(D); 63-502.363(c)); mandatory SUA effective November 2006 (63-502.363(a)(1)) |
| 272-1 | Net monthly income of HH with elderly or disabled member (63-503.312; 63-502.2(p); ACIN I-61-06) |
| 272-1A | Legally obligated child support to nonhousehold member is a deduction prior to November 2006; treated as an exemption effective November 2006 (ACL 95-49; 63-502.2(p)) |
| 273-1A | Income deductions; standard, shelter cost, earned income, dependent care (63-503.311; ACIN I-61-06) |
| 273-5 | Kinds of allowable child support deductions; a deduction for arrearages is permitted; child support is an exemption rather than deduction effective October 2006 (63-502.38, .386 prior to November 2006; 63-502.2(p)) |
| 273-6A | Under QR/PB, shelter costs are fixed at application and recertification until change reported. Utility costs are fixed except for household with SUA that may switch to actual if costs verified (63-509(a)(3)(B) and (C)); mandatory SUA, LUA or TUA determined at application or recertification effective November 2006 (63-509(a)(3)(C)) |
| 431-8A | Family member maximum base allocation for current and prior years (ACWDL 05-20, 06-13, 07 08) |
| 445-1 | Disability may be verified in accordance with procedures established by DDSD formerly known as DAPD, and previously known as DED (50167(a)(1)(D); ACWDL 97-54, 06-28E) |
| 445-5 | Presumptive disability criteria (MEPM 22C-3.6, revised 3/9/07) |
| 487-6A | 2005, 2006 and 2007 Statewide APPR for Medi-Cal transfer of property period of ineligibility (ACWDLs 05-09, 06-11, 07-07) |
Added
| 065-4 |
KinGAP program changes implemented effective October 2006 (ACL 07-13) |
| 065-5 | Kin-GAP specialized care increments (ACL 07-13) |
| 065-5A | Kin-GAP does not assess for specialized care increments, SCI based on amount received prior to entry into Kin-GAP (ACL 07-13) |
| 133-1D | Counties shall disregard one-time payment of $50 disregard payment issued on or about February 20, 2007 by State Disbursement Unit (ACIN I-17-07) |
| 135-18 | Determining income and needs in ineligible alien family member cases (44-133.52, .53) |
| 181-6A | Specific AFDC eligibility standards from July 16, 1996 that foster care applicants must meet (ACL 98-01, 42-207.1, 42-213.2z) |
| 181-6B | Connection to labor force rules effective July 16, 1996 (41-440.4 in effect prior to January 1, 1998) |
| 181-9 | ASFA standards for foster care (ACL 02-18, 02-58) |
| 181-9A | Date of approval and date of payment for federal and state foster care following Live Scan results is date approval standards are documented as met (ACL 05-13) |
| 217-4A | Translation of food stamp forms and specified joint CalWORKs/food stamp forms into eight additional languages per Be Vu settlement (ACL 07-12) |
| 568-2A | Meal preparation definition (ACL 06-34 errata, attachment C) |
| 568-2B | Meal preparation functional index (ACL 06-34 errata attachment B) |
| 568-2C | Meal preparation grid and factors/exceptions (ACL 06-34 errata, attachment C) |
| 568-3A | Meal cleanup definition (ACL 06-34 errata, attachment C) |
| 568-3B | Meal cleanup functional index (ACL 06-34 errata attachment B) |
| 568-3C | Meal cleanup grid and factors/exceptions (ACL 06-34 errata, attachment C) |
| 568-4A | Bowel and bladder care definition (ACL 06-34 errata, attachment C) |
| 568-4B | Homeless Assistance rent arrearages only paid for rent, not utilities unless utilities included in rent (ACL 06-58) |
| 568-4C |
Bowel and bladder care grid and factors/exceptions (ACL 06-34 errata, attachment C) |
| 568-5A | Feeding definition (ACL 06-34 errata, attachment C) |
| 568-5B | Feeding functional index (ACL 06-34 errata attachment B) |
| 568-5C |
Feeding grid and factors/exceptions (ACL 06-34 errata, attachment C) |
| 568-6A |
Routine bed baths definition (ACL 06-34 errata, attachment C) |
| 568-6B | Routine bed baths functional index (ACL 06-34 errata attachment B) |
| 568-6C | Routine bed baths grid and factors/exceptions (ACL 06-34 errata, attachment C) |
| 568-7A | Dressing definition (ACL 06-34 errata, attachment C) |
| 568-7B | Dressing functional index (ACL 06-34 errata attachment B) |
| 568-7C | Dressing grid and factors/exceptions (ACL 06-34 errata, attachment C) |
| 568-9A | Ambulation definition (ACL 06-34 errata, attachment C) |
| 568-9B | Ambulation functional index (ACL 06-34 errata attachment B) |
| 568-9C | Ambulation grid and factors/exceptions (ACL 06-34 errata, attachment C) |
| 568-10A | Transfers definition (ACL 06-34 errata, attachment C) |
| 568-10B | Transfers functional index (ACL 06-34 errata attachment B) |
| 568-10C | Transfers grid and factors/exceptions (ACL 06-34 errata, attachment C) |
| 568-11A | Bathing, oral hygiene and grooming, definition (ACL 06-34 errata, attachment C) |
| 568-11B | Bathing, oral hygiene and grooming, functional index (ACL 06-34 errata attachment B) |
| 568-11C | Bathing, oral hygiene and grooming, grid and factors/exceptions (ACL 06-34 errata, attachment C) |
| 568-12A | Repositioning, rubbing skin, definition (ACL 06-34 errata, attachment C) |
| 568-12B | Repositioning, rubbing skin, grid and factors/exceptions (ACL 06-34 errata, attachment C) |
| 568-13A | Care/assistance with prosthesis, definition (ACL 06-34 errata, attachment C) |
| 568-13B | Care/assistance with prosthesis, grid and factors/exceptions (ACL 06-34 errata, attachment C) |
| 622-6A | Income deemed from ineligible spouse (20 CFR 416.1163) |
| 628-1A | PCSP and IHSS Plus Waiver share of cost computed using Medi-Cal rules, but recipient pays only balance of Medi-Cal share of cost if IHSS share of cost is less than Medi-Cal share of cost (ACL 05-05; 05-05 errata) |
| 628-1B | Applicable share of cost in IHSS Plus Waiver cases (30-785(b)(5)) |
| 628-1C | Supplemental payment program permitting share of cost comparison (WIC 12305.1(a) and (b)) |