2009 California Welfare and Institutions Code - Section 18900-18926 :: Chapter 10. Food Stamps

18900.  Finding that hunger, undernutrition, and malnutrition are
present and continuing problems faced by low-income California
households, and further finding that the federal Food Stamp Program
(Chapter 51 (commencing with Section 2011), Title 7, United States
Code) offers significant health-vital benefits, the purpose of this
chapter is to establish a statewide program to enable recipients of
aid under Part 3 (commencing with Section 11000) or Part 5
(commencing with Section 17000) of this division and other low-income
households to receive food stamps under the federal Food Stamp
Program.

18900.1.  (a) The State Department of Social Services shall propose
a new name for the Food Stamp Program in California, by July 1, 2009.
The department shall convene stakeholders to develop the new name,
as provided in subdivision (b). The new name shall reflect one or
more of the following concepts:
   (1) That food stamps are no longer delivered by stamps.
   (2) That food stamps support healthy living.
   (3) That food stamps are important to agriculture in California.
   (4) That food stamps would be better viewed as a health and
nutrition program than as a welfare program.
   (b) The department shall convene a diverse group of stakeholders
to develop the new name, including representatives from agencies
working to improve health and reduce diet-related illnesses.
   (c) The department is encouraged to test the impact the new name
would have on improving the perception of the program among
low-income residents, and on increasing program participation.

18901.  The eligibility of households shall be determined to the
extent permitted by federal law.

18901.3.  (a) Subject to the limitations of subdivision (b),
pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C.
Sec. 862a(d)(1)(A)), California opts out of the provisions of Section
115(a)(2) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(2)). A
convicted drug felon shall be eligible to receive food stamps under
this section.
   (b) Subdivision (a) does not apply to a person who has been
convicted of unlawfully transporting, importing into this state,
selling, furnishing, administering, giving away, possessing for sale,
purchasing for purposes of sale, manufacturing a controlled
substance, possessing precursors with the intent to manufacture a
controlled substance, or cultivating, harvesting, or processing
marijuana or any part thereof pursuant to Section 11358 of the Health
and Safety Code.
   (c) Subdivision (a) does not apply to a person who has been
convicted of unlawfully soliciting, inducing, encouraging, or
intimidating a minor to participate in any activity listed in
subdivision (b).
   (d) As a condition of eligibility to receive food stamps pursuant
to subdivision (a), an applicant convicted of a felony drug offense
that is not excluded under subdivision (b) or (c) shall be required
to provide proof of one of the following subsequent to the most
recent drug-related conviction:
   (1) Completion of a government-recognized drug treatment program.
   (2) Participation in a government-recognized drug treatment
program.
   (3) Enrollment in a government-recognized drug treatment program.
   (4) Placement on a waiting list for a government-recognized drug
treatment program.
   (5) Other evidence that the illegal use of controlled substances
has ceased, as established by State Department of Social Services
regulations.
   (e) Notwithstanding the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), the department may implement this section
through an all-county letter or similar instructions from the
director no later than January 1, 2005.
   (f) The department shall adopt regulations as otherwise necessary
to implement this section no later than July 1, 2005. Emergency
regulations adopted for implementation of this section may be adopted
by the director in accordance with the Administrative Procedure Act.
The adoption of emergency regulations shall be deemed to be an
emergency and necessary for immediate preservation of the public
peace, health and safety, or general welfare. The emergency
regulations shall be exempt from review by the Office of
Administrative Law. The emergency regulations authorized by this
section shall be submitted to the Office of Administrative Law for
filing with the Secretary of State and shall remain in effect for no
more than 180 days.

18901.5.  (a) The department shall establish a program of
categorical eligibility for food stamps in accordance with Section 5
(a) of the federal Food Stamp Act of 1977 (7 U.S.C. Sec. 2014(a)),
and implementing regulations, to improve nutrition and promote the
retention and development of assets and resources for needy
households who meet all other Food Stamp Program eligibility
requirements. Categorical eligibility for food stamps shall also
apply to any individual who is a member of a household that will be
receiving or is eligible to receive cash assistance under Part 5
(commencing with Section 17000), or eligible to receive food
assistance under Chapter 10.1 (commencing with Section 18930).
   (b) The director shall implement the program established pursuant
to this section only with the appropriate federal authorization and
if implementation would not result in the loss of federal financial
participation.
   (c) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code) and
Section 10554 of the Welfare and Institutions Code, until emergency
regulations are filed with the Secretary of State, the State
Department of Social Services may implement the changes made by
subdivision (a) through all-county letters or similar instructions
from the director. The department shall adopt emergency regulations
as necessary to implement those amendments on or before January 1,
2010. The program established pursuant to this section shall be
established on or before July 1, 2009, and shall be fully implemented
as to new applicants for food stamps on or before January 1, 2010.
   (d) The department shall adopt regulations to implement this
section. The adoption, amendment, repeal, or readoption of a
regulation authorized by this section is deemed to address an
emergency, for purposes of Sections 11346.1 and 11349.6 of the
Government Code, and the department is hereby exempted for this
purpose from the requirements of subdivision (b) of Section 11346.1
of the Government Code. The emergency regulations shall be exempt
from review by the Office of Administrative Law. The department shall
adopt final regulations implementing the program authorized by this
section on or before July 1, 2010.

18901.6.  To the maximum extent allowable by federal law, each
county welfare department shall provide transitional food stamp
benefits to households terminating their participation in the
CalWORKs program.

18901.7.  (a) To the extent allowable by federal law, the income,
resources, and deductible expenses of any household member who is
rendered ineligible for food stamp benefits pursuant to Title IV of
Public Law 104-193, and any amendments thereto, shall be excluded
when calculating federal food stamp benefits, under this chapter.
   (b) No household shall receive more food stamp benefits under this
section than it would have received if no household member was
rendered ineligible pursuant to Title IV of Public Law 104-193 and
any subsequent amendments thereto.
   (c) This section shall become operative on September 1, 1998.

18901.8.  (a) To the extent permitted by federal law, and with
receipt of necessary federal approvals, the State Department of
Social Services, in conjunction with affected stakeholder groups,
shall develop and implement, if otherwise feasible, a simplified and
shorter application form for nonassistance food stamp cases. The
contents of this simpler form shall be evaluated for use in
multiprogram application forms for the Food Stamp, Medi-Cal, and
CalWORKs programs. The department shall seek any federal approvals
necessary for implementation of the form.
   (b) The department shall not require any county to implement use
of the form described in subdivision (a) until the county has been
allowed sufficient time to reprogram its automated systems for the
purpose of implementing the form.
   (c) The department shall provide information on implementation,
including a simplified form, to the appropriate legislative
committees on or before July 1, 2001.

18901.9.  (a) For the purpose of eligibility under this chapter, the
rules governing the resource value of motor vehicles shall be
aligned with an alternative program allowed under federal food stamp
law.
   (b) The department shall seek any federal approvals necessary to
implement subdivision (a).
   (c) If any federal approvals are necessary to implement
subdivision (a), that subdivision shall be implemented only upon the
execution of a declaration by the director, which shall be retained
by the director, stating that any federal approvals necessary to
implement subdivision (a) have been obtained.

18901.10.  To the extent permitted by federal law, and subject to
the limitation in subdivision (c), each county welfare department
shall, if appropriate, exempt a household from complying with
face-to-face interview requirements for purposes of determining
eligibility at initial application and recertification, according to
the following:
   (a) The county welfare department shall screen each household's
need for exemption status at application and recertification.
   (b) A person eligible for an exemption under this section may
request a face-to-face interview to establish initial eligibility or
to comply with recertification requirements .
   (c) Nothing in this section shall limit a county's ability to
require an applicant or recipient to make a personal appearance at a
county welfare department office if the applicant or recipient no
longer qualifies for an exemption or for other good cause.

18901.4.  (a) Effective July 1, 2010, the department shall propose a
Transitional Food Stamps for Foster Youth demonstration project
under which independent foster care adolescents, as defined in
Section 1905(w)(1) of the federal Social Security Act (42 U.S.C. Sec.
1396d(w)(1)) who are not eligible for CalWORKs or Supplementary
Security Income program benefits, shall be eligible without regard to
income or resources, subject to federal law authorizing
demonstration projects pursuant to Section 2011 and following of
Title 7 of the United States Code.
   (b) An individual eligible for the program proposed pursuant to
this section shall receive the maximum benefit amount allotted for a
household size of one for the initial certification period, which
shall remain constant for the entirety of the initial certification
period. The food stamp case shall be established and maintained in
the county of jurisdiction designated by the terminating foster care
case.
   (c) The demonstration project proposed pursuant to this section
shall maximize access to benefits and minimize interim reporting
requirements during the certification period.
   (d) Notwithstanding any other provision of law, Chapter 4.6
(commencing with Section 10830) of Part 2 of Division 9 shall not
apply to individuals eligible under this section during the 12-month
transitional food stamp demonstration project certification period.
   (e) Not later than March 1, 2010, the department shall seek all
necessary federal approvals to implement this section as a
demonstration project for these beneficiaries. This section shall be
implemented only to the extent that federal financial participation
is available.
   (f) The department shall implement this section by an all-county
letter (ACL) or similar instruction from the director and shall adopt
regulations as otherwise necessary to implement this section no
later than January 1, 2011.

18902.  Each county welfare department shall carry out the local
administrative responsibilities of this chapter, subject to the
supervision of the department and to rules and regulations adopted by
the department.

18902.5.  (a) In the administration of this chapter counties may
conduct an early fraud prevention and detection program pursuant to
this section.
   (b) Funding for an early fraud prevention and detection program
pursuant to Section 18906. 7 shall not be made to a county if the
department determines that an early fraud prevention and detection
program would not be cost-effective in that county.
   (c) Funding for an early fraud prevention and detection program
pursuant to Section 18906.6 shall not be available to a county until
its operating plan for a program is approved by the department. No
operating plan shall be approved by the department unless the plan
contains assurances that the county will comply with the conditions
specified in subdivision (d).
   (d) Each county which operates an early fraud prevention and
detection program shall be subject to all of the following
conditions:
   (1) No intimidation of applicants or recipients shall occur,
either by referral or threat of referral for a fraud investigation.
   (2) Applicants shall not be referred for a fraud investigation
until after they have completed and signed the application for aid.
   (3) The referral and investigation shall not delay the receipt of
aid, including immediate need payments, for eligible applicants and
recipients.
   (4) Uniformed investigators shall not be used by any county
welfare department for its fraud prevention program.
   (5) The county welfare department shall abide by the
confidentiality requirements in Section 10850 and the requirements
and protections in the California Right to Financial Privacy Act
under Chapter 20 (commencing with Section 7460) of Division 7 of
Title 1 of the Government Code.
   (6) The county shall make a referral for welfare fraud
investigation when there is reason to believe that fraud exists.
Fraud exists when a person, on behalf of himself or herself or
others, has done any of the following:
   (A) Knowingly, and with intent to deceive or defraud, made a false
statement or representation to obtain benefits, to obtain a
continuance or increase of benefits, or to avoid a reduction of
benefits.
   (B) Knowingly, and with intent to defraud, failed to disclose a
fact which, if disclosed, could result in a denial, reduction, or
discontinuance of benefits.
   (C) Accepted benefits knowing he or she was not entitled to those
benefits, or accepted any amount of benefits knowing the amount of
benefits received was greater than the amount to which he or she was
entitled.
   (D) Made any statement which he or she did not know to be true
with reckless disregard of the truth, for the purpose of obtaining,
continuing, or avoiding a reduction or denial of benefits.
   (7) The county shall make a referral for fraud investigation when
there are reasonable grounds to believe that fraud, as specified in
paragraph (6) exists. Reasonable grounds exist when one or more of
the following criteria exists:
   (A) An overpayment or overissuance of benefits, or both, may
result from an applicant's failure to report information pertinent to
eligibility or benefits.
   (B) A questionable situation exists and the applicant or third
party acting on behalf of the applicant will not cooperate in
providing necessary verification of information which would affect
the applicant's eligibility or the amount of benefits for which the
applicant is eligible.
   (C) The county welfare program staff person finds conflicting
information which could affect the applicant's eligibility or the
amount of benefits for which the applicant is eligible, and any
further action on the part of that staff person could jeopardize the
investigator's ability to investigate.
   (D) The county is made aware of any situation involving the
applicant that could involve embezzlement, collusion, conspiracy,
trafficking, black marketing, or any other general program
violations.
   (E) The county is made aware of any situation in which the
applicant may have forged, may have caused the forgery of, or is
using a forgery of, any warrant or authorization to participate which
has been negotiated.
   (F) The county welfare program staff person has received an
allegation of fraud with respect to the applicant from any
governmental agency.
   (G) The county has received a complaint containing facts which
allege that a crime involving a public social services program,
including, but not limited to, fraud, perjury, trafficking, or
embezzlement may occur.

18903.  The department shall enter into and execute on behalf of the
state all necessary agreements in connection with this chapter as
may be required by the United States Government.

18904.  Regulations, orders or standards of general application to
implement, interpret or make specific the law relating to this
chapter shall be adopted, amended, or repealed only in accordance
with Section 10554. The director shall also provide for the two
methods as described in Section 18904.1.

18904.1.  (a) The director, to the extent permitted by federal law,
shall establish methods for food stamp issuance in all counties which
guarantee to low-income households the health-vital nutritional
benefits available under this chapter and to achieve the most
efficient system for program administration so as to minimize
administrative costs.
   (b) The director shall maintain methods for over-the-counter and
mail issuance of food stamps in a county until issuance of food stamp
benefits by electronic benefits transfer for all food stamp
recipients in the county has been implemented pursuant to Chapter 3
(commencing with Section 10065) of Part 1.
   (c) Until issuance of food stamp benefits by electronic benefits
transfer has been implemented in a county for all food stamp
recipients, the director shall maintain, in the county, methods for
over-the-counter issuance that guarantee program accessibility in all
cases where a household has been found to be in immediate need of
food assistance or where a household has been determined to be
eligible for the replacement of a previous issuance.

18904.2.  The department may administer outreach programs and adopt
rules and regulations requiring counties to conduct outreach programs
to the extent permitted by federal law and eligible for federal
financial participation.

18904.25.  (a) Pursuant to the federal Stewart B. McKinney Homeless
Assistance Act (Public Law 100-77), the department shall develop Food
Stamp Program information on expedited services targeted to the
homeless population. These shall be made available to homeless
shelters, emergency food programs, and other community agencies who
provide services to homeless people.
   (b) Each county welfare department shall annually offer training
on food stamp application procedures to homeless shelter operators.
In addition, each county welfare department, upon request, shall
provide homeless shelters with a supply of that portion of the food
stamp application used to request food stamp expedited service.

18904.3.  (a) Where private nonprofit organizations are successful
in raising money for food stamp outreach activities and have secured
a local governmental agency to serve as the contracting agency, the
department shall, upon request and subject to approval by the United
States Department of Agriculture, act as their state entity for
receipt of matching funds.
   (b) Any reduction in federal funding to the state that is due to
the result of any audit of food stamp outreach contracts or
activities shall be applied to the appropriate local government that
served as the contracting agency for food stamp outreach activities.

18904.35.  Upon approval of a final plan for food stamp outreach
activities, in accordance with Section 18904.4, the department shall,
in determining whether to request federal matching funds for a food
stamp outreach activity, give priority consideration to those
activities that implement the final plan.

18905.  In the event that the United States Department of
Agriculture makes a final determination to reduce federal funding of
the Food Stamp program due to issuance errors or improper or
inadequate county administration of the program, the county or
counties responsible for such reduction shall be liable for the
amount thereof in accordance with standards adopted by the Director
of Social Services.

18905.1.  The department shall not impose any additional
requirements for verification of eligibility for expedited service
other than those minimum requirements that exist under federal law.

18906.  The department shall establish and maintain a plan whereby
costs for county administration of food stamps under this chapter
will be effectively controlled within the amounts annually
appropriated for such administration. The plan, to be known as the
County Administrative Cost Control Plan, shall establish standards
and performance criteria, including workload, productivity and
support services standards, to which counties shall adhere. The plan
shall be part of a single state plan, jointly developed by the
department and the State Department of Health Services, for
administrative cost control for the Aid to Families with Dependent
Children (AFDC), Food Stamp, and Medical Assistance (Medi-Cal)
programs. Allocations shall be made to each county and shall be
limited by and determined based upon the County Administrative Cost
Control Plan. In administering the plan to control county
administrative costs, the department shall not allocate state funds
to cover county cost overruns which result from county failure to
meet requirements of the plan. The department and the State
Department of Health Services shall budget, administer, and allocate
state funds for county administration in a uniform and consistent
manner.

18906.5.  (a) The state shall pay 70 percent of the nonfederal costs
of administering the Food Stamp Program, subject to Sections 18906
and 18906.7. The counties shall pay the remaining share of the
nonfederal costs.
   (b) The state shall pay 85 percent of the nonfederal share of the
costs of AFDC fraud investigation subject to Section 15204.5. The
counties shall pay the remaining share of the nonfederal costs.

18906.6.  At the time the United States Department of Agriculture
allows the state to retain a portion of the value of any claims
collected, the state shall retain 50 percent of this portion. The
remaining 50 percent shall be distributed by the State Department of
Social Services to the counties based upon the amount of claims
collected by each county.

18906.7.  The state shall pay 100 percent of the nonfederal costs of
administering an early fraud prevention and detection program in the
administration of this chapter, established pursuant to subdivision
(a) of Section 18902.5, subject to Section 18906.

18906.8.  Subject to Section 18906, the state may pay 100 percent of
the nonfederal administrative costs, when cost-effective, as
determined by the state, of followup activities in the Income
Eligibility and Verification System for recipients.

18907.  In the determination of eligibility for food stamps, there
shall be no discrimination against any household by reason of marital
status, political belief, or any characteristic listed or defined in
Section 11135 of the Government Code to the extent not in conflict
with federal law.

18908.  Except as provided in Section 18904.1, federal supplemental
security income benefits, state supplemental security program
benefits, public assistance, and county aid benefits shall not be
reduced as a consequence of the receipt of food stamps under this
chapter, to the extent permitted by federal law.

18909.  Section 10850, relating to disclosure of information
regarding public assistance recipients, shall apply to information
obtained under this chapter.

18910.  (a) To the extent permitted by federal law, regulations,
waivers, and directives, the department shall implement the
prospective budgeting, quarterly reporting system provided in
Sections 11265.1, 11265.2, and 11265.3, and related provisions
regarding the Food Stamp Program, in a cost-effective manner that
promotes compatibility between the CalWORKs program and the Food
Stamp Program, and minimizes the potential for payment errors.
   (b) The department shall seek all necessary waivers from the
United States Department of Agriculture to implement subdivision (a).

18911.  (a) An application and an authorization for participation in
the Food Stamp Program shall be processed within a period of not
more than 30 days from the date of application.
   (b) The department shall develop written information that
describes the eligibility and verification requirements for expedited
service, the process for applying for those benefits, and the
availability of assistance in filling out the forms and gathering
needed documentation.
   (c) Each county welfare department shall make the material
developed pursuant to subdivision (b) available to each applicant at
the time the applicant initially seeks food stamp benefits.
   (d) Each county welfare department shall, upon request, make
available the information developed pursuant to subdivision (b) to
community action agencies, legal services offices, emergency food
programs, and other programs.
   (e) Each county welfare department shall compile a list of
emergency food providers in the area served by the local food stamp
office. The list shall be updated, based on information from the food
providers. The list shall be made available upon request, and, where
needed, may be used to refer individuals to emergency food sites
that may be able to provide assistance.
   (f) Each county welfare department shall make available to food
stamp applicants, upon request, nonpromotional information that
contains addresses and phone numbers of local legal services and
welfare rights organizations.

18912.  (a) Each county welfare department shall orally inform each
applicant of the availability of expedited service and assistance in
filling out the application.
   (b) Each county welfare department shall assist an applicant, upon
request of the applicant, in filling out forms and completing the
application process for expedited service.

18913.  The department shall collect, quarterly, expedited service
data, on a county-by-county basis, of the number of applications and
the disposition of the applications, and shall publish those
statistics quarterly.

18914.  (a) To the extent provided by federal law, the county
welfare department shall provide food stamp benefits on an expedited
basis to households determined to be in immediate need of food
assistance.
   (b) At the time an applicant initially seeks assistance, the
county welfare department shall screen all expedited service
applications on a priority basis. Applicants who meet the federal
criteria for expedited service shall receive either a manual
authorization to participate or automated card or the immediate
issuance of food stamp coupons no later than the third day following
the date the application was filed. To the maximum extent permitted
by federal law, the amount of income to be received from any source
shall be deemed to be uncertain and exempt from consideration in the
determination of eligibility for expedited service. For purposes of
this subdivision, a weekend shall be considered one calendar day.
   (c) The State Department of Social Services shall develop and
implement for expedited issuance a uniform procedure for verifying
information required of an applicant.

18914.  To the extent provided by federal law, the county welfare
department shall provide food stamp benefits on an expedited basis to
households determined to be in immediate need of food assistance.
   This section shall become operative July 1, 1991.

18915.  All applications and public information materials shall be
available to potential, present, and past food stamp recipients in
each county in Spanish as well as English plus any other non-English
language prevalent in each county. It shall be within the discretion
of the director to designate such other prevalent non-English
languages.

18916.  The board of supervisors of each county shall have the
authority to request from the United States Department of Agriculture
the simultaneous operation of the federally donated foods program
under the Disaster Act of 1970 as amended and any other enabling
federal law.

18918.  Not later than January 15, 2001, the State Department of
Social Services, in conjunction with the State Department of Health
Services and appropriate stakeholders, shall develop and submit to
the Legislature a community outreach and education campaign to help
families learn about, and apply for, the federal Food Stamp Program
and the California Food Assistance Program. At a minimum, the plan
shall include the following:
   (a) Specific milestones and objectives proposed to be completed
for the upcoming year and their anticipated cost.
   (b) A general description of each strategy or method to be used
for outreach.
   (c) Geographic areas and special populations to be targeted, if
any, and why the special targeting is needed.
   (d) Coordination with other state or county education and outreach
efforts.
   (e) The results of previous years' outreach efforts.
   (1) If necessary to obtain federal financial participation the
food stamp outreach plan shall be submitted to the United States
Department of Agriculture not later than January 15, 2001. The state
share of the funding shall be subject to appropriation in the annual
Budget Act and may be funded through the General Fund or other state
or local funding sources, as appropriate.
   (2) After submission of the initial plan, it shall be updated
annually and submitted to the Legislature by April 1 for the
following year.

18923.  (a) The State Department of Social Services shall submit a
request to the United States Department of Agriculture for a waiver
to permit a food stamp household to retain funds in the restricted
savings account as specified in subdivision (a) of Section 11155.2
and as accumulated while participating in the Aid to Families with
Dependent Children program. The participation requirements for this
specific savings account as specified in subdivision (a) of Section
11155.2 shall apply to the Food Stamp Program. Penalties for
nonqualifying withdrawal of these funds shall result in a calculation
of a period of ineligibility for all persons in the food stamp
household, to be determined by dividing the balance in the account
immediately prior to the withdrawal by the food stamp allotment to
which the household is entitled. The resulting whole number shall be
the number of months of ineligibility. The period of ineligibility
may be reduced when the divisor, which is the food stamp allotment,
increases as a result of a cost-of-living adjustment.
   (b) The director may waive, with federal approval, the enforcement
of specific Food Stamp Program requirements, regulations, and
standards necessary to implement this provision.

18925.  (a) The State Department of Health Services, in conjunction
with the State Department of Social Services, shall implement a
simplified eligibility process as part of the Food Stamp Program to
expedite Medi-Cal program and Healthy Families Program enrollment for
Food Stamp Program recipients, including children and their eligible
parents or caretaker relatives who are not enrolled in those
programs.
   (b) Each county welfare department shall develop a data list of
family members residing in eligible food stamp households who are not
enrolled in the Medi-Cal program or the Healthy Families Program.
   (c) The county welfare department shall develop a notice informing
individuals identified pursuant to subdivision (b) that they may be
entitled to receive benefits under the Medi-Cal program or the
Healthy Families Program.
   (d) At the time of the food stamp household's annual
recertification, the county welfare department shall send the notice
specified in subdivision (c) to the individuals identified in
subdivision (b). The notice shall include a request for permission to
use the information in the food stamp recipient's case file to make
a determination of eligibility for the Medi-Cal program and the
Healthy Families Program.
   (e) The notice shall be written in culturally and linguistically
appropriate language and at an appropriate literacy level. The notice
shall include information on the Medi-Cal program and the Healthy
Families Program, and a telephone number that food stamp recipients
may call for additional information.
   (f) To apply for medical assistance under the Medi-Cal program,
the food stamp recipient shall sign, date, and return the notice
requesting that an eligibility determination be made. Upon receipt of
the notice, the county welfare department shall make an eligibility
determination by utilizing the information in the food stamp
recipient's case file or paper application. The Medi-Cal application
date shall be the date the notice is received by the county welfare
department. If the food stamp case file does not include sufficient
information to establish Medi-Cal program eligibility, the county
welfare department shall request, either orally or in writing,
additional information from the food stamp recipient.
   (g) If the food stamp recipient is determined to be eligible to
participate in the Medi-Cal program with a share of cost, or is
determined to be ineligible for Medi-Cal, information pertinent to
the food stamp recipient's eligibility for the Healthy Families
Program shall be forwarded by the county welfare department to the
Healthy Families Program statewide administrator for immediate
processing. If there is insufficient information to establish Healthy
Families Program eligibility, the administrator shall request,
either orally or in writing, additional information from the food
stamp recipient.
   (h) Counties shall include the cost of implementing this section
in their annual administrative budget requests to the State
Department of Health Services.
   (i) This section shall be implemented on or after July 1, 2003,
but only to the extent federal financial participation is available.

18926.  (a) To the extent permitted by federal law, the department
shall annually seek a federal waiver of the existing Food Stamp
Program limitation that stipulates that an able-bodied adult without
dependents (ABAWD) participant is limited to three months of food
stamps in a three-year period unless that participant has met the
work participation requirement.
   (b) All eligible counties shall be included in and bound by this
waiver unless a county declines to participate in the waiver request.
If a county declines, the county shall submit documentation from the
board of supervisors of that county to that effect.
   (c) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 2 of the Government Code) the department
may implement this section by all county letters or similar
instructions.