HomeMy WebLinkAboutMINUTES - 04261988 - 1.33 y1/1
TO: BOARD OF SUPERVISORS 1-033
FROM: ,... JAMES A. RYDINGSWORD, DIRECTOR
Social Service Department Contra
DATE; April 8, 1987 Costa
Opposition to AB 2723 - Friedman County
SUBJECT: "Unfunded State Mandate on General Assistance
Program Fair Hearings
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
That the Board of Supervisors adopt a position opposing
AB 2723 - Friedman "Unfunded State Mandate for General
Assistance Program Fair Hearings; " and,
Further, that the Board authorize the County Welfare Director
to send letters to the County' s legislative delegation, the
California Welfare Directors Association, CSAC, and
appropriate legislative committees outlining our opposition
and concerns regarding AB 2723 .
BACKGROUND:
AB 2723 mandates both a) specific procedure for General
Assistance Fair Hearings, and b) expands the type of General
Assistance appeals to include "the amount a scope of aid and
medical care provided. " These mandates impose State criteria
directly into County regulated and funded General Assistance
programs.
AB 2723 was amended to include, as part of the items subject
to appeal by GA applicants, "the amount and scope of aid and
medical care provided. " The financial impact to our county of
this amendment could be extremely high. There are presently
2700 to 2800 GA clients; all of these clients are potentially
eligible for "county medical care. " Appeals on the "amount
and scope of . . . medical care" represents a significant
financial liability for the county.
Contra Costa County presently has a Fair Hearing process for
General Assistance which includes those outlined in AB 2723
except the scope of aid and medical care. Our department
regulations specifically provide:
CONTINUED ON ATTACHMENT: X YES SIGNATUR `
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND TION BO RD COMMIT EE
APPROVE OTHER
SIGNATURE(S):
I^I1
ACTION OF BOARD ON Q �i �y Y(Q APPROVED AS RECOMMENDED x. OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT 2� ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Social Service Dept. —Louise Aiello APR 2 6 1988
CC: P ATTESTED
PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY
M382/7-83 - ,DEPUTY
2
"The GA applicant or recipient has the right to request
an Evidentiary Hearing on any action taken by the
Department with respect to his/her application for, or
receipt of GA, subject to the following limitations and
conditions:
1. The scope of those matters which may be brought to
an Evidentiary Hearing shall be limited to the
consideration of such matters as proposed reduction
or termination actions, periods of ineligibility,
the denial of an initial application, the denial of
a request for a special need, or the amount of the
GA grant.
a. In any Evidentiary Hearing in which it is found
that a challenge is made to a GA program policy
provision established by the Board of
Supervisors, such as maximum allowances, or in
which it is found that the claimant relies on a
request for an administrative exception, the
claim shall be dismissed. The recipient or
his/her representative will be advised by the
Hearing Officer that the challenge may be
submitted to the Department' s Administrative Review
Panel" .
In fact, most counties provide such a process, and
constitutional "due process" provisions cover a client' s right
to a Fair Hearing.
Also attached, for information, is the CWDA correspondence on
AB 2723 . If you have any questions, please call me at X5137 .
LA:ed
discl0/BO2723 .doc
r