HomeMy WebLinkAbout00a. Executive Order N-29-20EXECUTIVE DEPARTMENT
SY,NTF OF CALIFORNIA
WHEREAS despite sustained efforts, the virus continues to spread and is
impacting nearly all sectors of California; and
NHEREAS time bound eligibility recleterminations are required for Medi- —
Cal, CalFresh, CaIWORKs, Cash Assistance Program for Immigrants, California
Food Assistance Program, and In Home Supportive Services beneficiaries to
continue their benefits, in accordance with processes established by the
De)aartmenf of Social Services, the De)tortment of Health vi-Akm
Federal Government; and
WHEREAS social distancing recommendations or Orders as well as a
statewide imperative for critical employees to focus on health needs may
prevent Medi-Cal, CalFresh, CalWORKs, Cash Assistance Program for
Immigrants, California Food Assistance Program, and In Home Supportive
WHEREAS under the provisions of Government Code section 8571, 1 find
effects of the COVID-19 pandemic.
NOW, THEREFORE, 1, GATIN REUSOM, Governor of the State of Californi
in accordance with the authority vested in me by the State Constitution and
statutes of the State of California, and in particular, Government Code sectio
8567 and 8571, do hereby issue the following order to become effective
immediately: I
As to individuals currently eligible for benefits under Medi-Cal, CalFresh,
CaIWORKs, the Cash Assistance Program for Immigrants, the California
Food Assistance Program, or In Home Supportive Services benefits, and
to the extent necessary to allow such individuals to maintain eligibility
for such benefits, any state law, including but not limited to California
Code of Regulations, Title 22, section 50189(a) and Welfare and
Institutions Code sections 18940 and 11265, that would require
redetermination of such benefits is suspended for a period of 90 days
from the date of this Order. This Order shall be construed to be
consistent with applicable federal laws, including but not limited to
Code of Federal Regulations, Title 42, section 435.912, subdivision (e),
as interpreted by the Centers for Medicare and Medicaid Services (in
guidance issued on January 30, 2018) to permit the extension of
F-"---
otherwise-applicable Medicaid time limits in emergency situations,
1 Through June 17, 2020, ony month or partial month in which California
Work Opportunity and Responsibility to Kids (CalWORKs) aid or services
are received pursuant to Welfare and Institutions Code Section 11200
et seq. shall not be counted for purposes of the 48-month time limit set
forth in Welfare on Institutions Code Section 11454. Any waiver of this
time limit shall not be applied if it will exceed the federal time limits set
forth in Code of Federal Regulations, Title 45, section 264.1.
3- Paragraph I I of Executive Order N-25-20 (March 12, 2020) is withdrawn
and superseded by the following text:
I , int, PUT-711 Pull, *1
the notice and accessibility requirements set forth below, a local
teleconferencing and to make public meetings accessible
telephonically or otherwise electronically to all members of the public
seeking to observe and to address the local legislative body or state
body. All requirements in both the Bagley -Keene Act and the Brown
Act expressly or impliedly requiring the physical presence of members,
F 04
(i) state and local bodies notice each teleconference location
from which a member will be participating in a public
meeting;
(Iii) members of the public may address the body at each
teleconference conference location;
(iv) state and local bodies post agendas at all teleconference
locations;
(v) at least one member of [he state body be physically present
at the location specified in the notice of the meeting; and
(vi) during teleconference meetings, a least a quorum of the
members of the local body participate from locations within
the boundaries of the territory over which the local body
exercises jurisdiction
are hereby suspended.
A local legislative body or state body that holds a meeting via
teleconferencing and allows members of the public to observe and
address the meeting felephonically or otherwise electronically,
consistent with the notice and accessibility requirements set forth
below, shall have satisfied any requirement that the body allow
members of the public to attend the meeting and offer public
comment. Such a body need not make available any physical
location from which members of the public may observe the meeting
and offer public comment.
Accessibility Requirements: If a local legislative body or state body
holds a meeting via teleconferencing and allows members of the
public to observe and address the meeting telephonically or otherwise
electronically, the body shall also:
(i) Implement a procedure for receiving and swiftly resolving
requests for reasonable modification or accommodation
from individuals with disabilities, consistent with the Americans
with Disabilities Act and resolving any doubt whatsoever in
favor of accessibility; and
(ii) Advertise that procedure each time notice is given of the
means by which members of the public may observe the
meeting and offer public comment, pursuant to
subparagraph (ii) of the Notice Requirements below.
�j) Give advance notice of the time of, and post the agend
for, each public meeting according to the timetrames
otherwise prescribed by the Bagley -Keene Act or the Bra
Act, and using the means otherwise prescribed by the
Bagley -Keene Act or the Brown Act, as applicable; and
(H) In each instance in which notice of the time of the meeting is
otherwise given or the agenda for the meeting is otherwise
posted, also give notice of the means by which members of
the public may observe the meeting and offer public
comment. As to any instance in which there is a change in
such means of public observation and comment, or any
instance prior to the issuance of this Order in which the time
of the meeting has been noticed or the agenda for the
meeting has been posted without also including notice of
such means, a body may satisfy this requirement by
advertising such means using "the most rapid means of
communication available at the time" within the meaning of
Government Code, section 54954, subdivision (e); this shall
include, but need not be limited to, posting such means on
the body's Internet webste.
All of the foregoing provisions concerning the conduct of public
meetings shall apply only during the period in which state or local
public health officials have imposed or recommended social
distancing measures.
All state and local bodies are urged to use sound discretion and
to make reasonable efforts to adhere as closely as reasonably possible
to the provisions of the Bagley -Keene Act and the Brown Act, and
other applicable local laws regulating the conduct of public
meetings, in order to maximize transparency and provide the public
access to their meetings.
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be
filed in the Office of the Secretary of State and that widespread publicity and
notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits,
substantive or procedural, enforceable at low or in equity, against the State of
California, its agencies, departments, entities, officers, employees, or any other
person.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
Calitornia to be atlixect this i /tn day
of Marcif 202&
rp
41
A EWSOM
Go r or of California