Date: Friday, May 12, 2017
Time: 10:00 a.m. to 12 noon.
Meeting location: 744 "P" Street, OB 9, Room 203
Sacramento, CA 95814
“The mission of the State Hearings Division is to resolve disputes of applicants and
recipients of public benefit programs in an impartial, independent, fair and timely manner, ensuring that due process is met in accordance with federal and state law.”
Deputy Director Report
• Organizational Update
• Staffing Update
• SHD and County Meeting Update
• Individual Bureaus and Regional Office Presiding Judge Reports
• ACA, Training Bureau (including IHSS Pilot Project), Scopes, Northern Regional Office, Los Angeles Regional Office, San Diego Regional Office
Division Issues for Discussion with Advocates.
This is an agenda item for the division to discuss division issues with advocates.
|5.||Scope & MER Hearings Update:|
Exchange Hearing Update.
How many hearings have been filed?
How may have been heard?
How many were CW
How many were W
How many were VW
How many grants
How many denials.
How many second level cases and status?
DSS contacts: Mark- 916-661-3800
|7.||2017 Statewide Training Conference||
Update on Strategic/Action Plans
|9.||NOA at issues and determination of adequacy. Advocates suggested that a form be used when NOA is raised at issue or the case is being dismissed or no APP? Workgroup Status? DSS Update|
Status of the ACL on handling privilege issues at hearings, in camera review etc
Timeframe for counties to comply with decisions in expedited hearings. There is not a defined timeframe for counties to comply with decisions in expedited hearings. ACL 13-40 is silent about this. Clarification is requested.
Humboldt County file access policy. This has come up several times in cases. For various reasons it has been resolved without needing to approach SHD about the policies. There is a pending case where this is an issue. Humboldt's policy is attached. The problems are:
A. Never releasing mental health or public health records. The policy is correct about medical records (can release to holder of the doctor-patient privilege). There is no basis for withholding mental health or public health records that are in claimant's case file.
In practice, the county is also requiring the claimant to identify the specific documents requested which is improper.
D. The case review preparation guidelines state the county will not provide any documents from MEDS. There is no basis for this exclusion.
|13.||The state hearings division sections of the new CDSS website are not working. The page with the link to the online hearing request is working, but nothing else from the SHD section is working.|
|14.||A follow up from the meeting on Friday -- the decision with the file access issue where the claimant prevailed is dated 4/4/17. It will be past the time to request rehearing by the 5/12 meeting. The case number is2017074314.|
|15.||Process for informing claimants who request a postponement whether their request is granted or denied|