California Department of Social Services - State Hearings
Division
Notes from the Training Bureau - August 31, 2005
| Item 05-08-01A Paraphrased Regulations |
This version of the paraphrased regulations provides additions and revisions to several paraphrased regulations. There are 26 new paraphrased regulations, 13 revised paraphrased regulations, 25 deleted paraphrased regulations and three renumbered ones.
The major additions are in the 620 section addressing the IHSS Quality Assurance Initiative that is due to be implemented in July 2006 and the 560 section addressing the IHSS Plus waiver program that became effective August 2004.
Note that issue code 013 addresses civil rights issues in CalWORKs and issue code 217 addresses civil rights issues in food stamps. References to language translation issues are listed in those sections of the paraphrased regulations. If an Administrative Law Judge has a hearing with a language issue regarding the translation of forms or notices or where some other language barrier is alleged in a CalWORKs or food stamp case, please use issue code 013 or 217 as applicable.
Adult Day Health Care has been added to issue code 538.
The index for the revisions and additions to the paraphrased regulations are the following:
Renumbered
215-4I to 215-4J
825-3G to 825-3H
825-3H to 825-3I
The following paraphrased regulations have been deleted:
Deleted
| S100-16 S100-17 S102-12 S103-12A S260-3A S266-6 S266-10 S266-12 S290-2 |
S292-5A S292-5C S296-11 S561-1B S625-5A S627-1 S627-1A S627-1B S627-1C | S627-2 S627-3 S627-4 S825-2 S825-3E S920-5 S920-6 |
The index for the revisions and additions to the paraphrased regulation are the following:
Revised
| 010-7A | Parties must be prepared on substantive issues unless hearing is limited to jurisdictional issue (22-049.53) |
| 010-13 | Record retention requirements in PA cases (ACL 05-15; 23-353) |
| 011-1 | County responsibility to be courteous and respectful (40-101.12); Discourteous treatment by county employees is not a state hearing issue (22-003.15) |
| 062-3 | Identifying disabled 18-year olds (ACL 04-50, 42-101) |
| 104-8 | Good cause for not participating in WTW activities (42-713.2) |
| 106-1 | Mandatory supportive services which are necessary for participation must be provided, or good cause for nonparticipation exists; all but child care shall be advanced; recipients do not need to use their income, disregards or grant (ACL 00-54; W&IC 11323.2, 11325.23(d), 11323.4(a); 42-750.1) |
| 108-2A | Limited rights of appeal when independent assessment is required (W&IC 11327.8(b), 11325.4(c)(1); 42-711.556) |
| 215-4B | Transitional food stamps for households who lose CalWORKs (63-504.131, .132) |
| 264-7B |
Under QR/PB, weekly income multiplied by 4.33, stable biweekly income multiplied by 2.167 (63-509(a)(5)) |
| 265-8A | Under QR/PB, weekly income multiplied by 4.33, stable biweekly income multiplied by 2.167 (63-509(a)(5)) |
| 562-1 | Provider shall not be beneficiary's spouse; provider shall not be parent of a beneficiary who is a minor child (51181; 50014; 50030 Handbook 30-767.3) |
| 564-2 | Prior to 08/01/04, PCSP funding for eligible recipients except IHSS funding for restaurant meal allowance and protective supervision IHSS Plus Waiver effective 08/01/04 (MPP 30-700.3; ACL 93-21, 93-30, 05-05) |
| 825-8H | Sponsor's allocation in alien deeming situations; allowance for ineligible children in deeming situations (ACIN I-86-99, ACIN I-81-03, ACIN I-81-04) |
Additions
| 068-2 | Kin-GAP payments for current month; to be paid by first of month (ACIN I-32-05) |
| 101-9 | Program requirements that may be waived because of domestic abuse (42-715.51) |
| 183-4A | AFDC-FC, current budgeting used; payment must be made by 15th of the month (ACIN I-32-05) |
| 215-4I | Adjustment of food stamp allotment when person leaves TFS household and is approved for food stamps in another household (63-502.132(c)) |
| 215-4K | TFS begins the month following the month the household received CalWORKs (I-34-05) |
| 266-8C | Treatment of certain Americorp payments (ACIN I-34-05) |
| 266-12 | MFG child's receipt of child support from LCSA is exempt income in food stamps (ACIN I-34-05) |
| 536-11F | Effective 07/01/05, beneficiaries must exhaust problem resolution process before filing for state hearing (DMH 05-03) |
| 536-11G | Effective 07/01/05, MHPs must issue aid pending when applicable (DMH 05-03) |
| 561-5A | Medi-Cal eligibility determinations on PCSP and IHSS Plus Waiver cases done by Medi-Cal workers following Medi-Cal rules (ACWDL 05-21) |
| 563-1A | Protective supervision and Domestic and Related-Only services are PCSP funded (ACL 05-05) |
| 564-5B | 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) |
| 567-6A | Medi-Cal eligibility determinations on PCSP and IHSS Plus Waiver cases done by Medi-Cal workers following Medi-Cal rules (ACWDL 05-21) |
| 567-7 | IHSS Plus Waiver recipients (ACL 05-05; ACWDL 05-21) |
| 567-8 | 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) |
| 620-20 | Uniform range of services based on individual needs (W&IC 12301.1(a) and (e)) |
| 620-21 | Need assessments made at least every 12 months, but may be extended by six months under specific conditions (W&IC 12301.1(b) and (c)) |
| 620-22 | When need assessments may be made at intervals of less than 12 months (W&IC 12301.1(c) and (d)) |
| 620-23 | Department statewide time-per-task guidelines by June 30, 2006 (W&IC 12301.2) |
| 620-24 | Exceptions to the time per task guidelines based on individual circumstances (W&IC 12301.2(c) and (d) |
| 626-6 | Statewide standard for to obtain physician certification of need for protective supervision (W&IC 12301.21) |
| 825-3G | "Entered the United States" and "entry date" defined for CAPI purposes (Megrabian v. Saenz) |
| 826-1C | Steps used in sponsor and spouse deeming (49-035.71) |
| 926-10 | AAP payments paid prospectively for current month (ACIN I-32-05) |
| 1201-2 | LCSA has responsibility for enforcing child support obligations (Fam. C. 17400(a) and 17500(a)) |
| 1201-2A | LCSA has a complaint resolution process and Department of Child Support has a hearing process (Fam. C. 17800 and 17801) |