State permanent disability certification program: feasibility study., the official text

An act to add and repeal Chapter 9 (commencing with Section 8280) of Division 8 of the Welfare and Institutions Code, relating to disabilities.

LEGISLATIVE COUNSEL'S DIGEST

Existing law establishes various programs for the delivery of services or benefits to individuals with disabilities, including, among others, the State Supplementary Program for the Aged, Blind, and Disabled, regional center services and supports under the Lanterman Developmental Disabilities Services Act, the In-Home Supportive Services Program, and certain benefits within the Medi-Cal program.
This bill would require the California Health and Human Services Agency, upon appropriation and in consultation with relevant state departments within the agency, to complete a feasibility study that includes a comprehensive analysis of the challenges and opportunities related to establishing a state permanent disability certification program. Under the bill, the program would be defined as a certification issued by a state department confirming that an individual has a permanent disability for the purpose of obtaining services. The bill would require the agency to reasonably attempt to consult with local stakeholders, as specified.
The bill would require that the analysis within the study address, among other things, technological limitations and compatibility of a permanent disability certification for use within existing federal, state, and local programs. The bill would require the agency, by July 1, 2028, to submit a report of the completed study to the Legislature and to post the report on the agency’s internet website.
The bill would repeal these provisions on January 1, 2032.

The people of the State of California do enact as follows:

SECTION 1.
The Legislature finds and declares all of the following:
(a) Many disabilities are permanent in nature and are not subject to material change, yet Californians with permanent disabilities are repeatedly required to reverify the same condition across multiple government programs.
(b) California lacks a coordinated disability verification framework across state, county, local, and utility programs, resulting in duplicative documentation requirements, inconsistent standards, and administrative inefficiencies.
(c) Repeated disability verification imposes unnecessary costs on state and local agencies, increases administrative burdens on medical providers, and diverts public resources away from direct service delivery.
(d) Individuals with permanent disabilities frequently experience avoidable interruptions in health care, housing, in-home services, transportation, and other essential supports due to missed or delayed recertification, despite no change in eligibility.
(e) A comprehensive feasibility study is necessary to determine the challenges and opportunities related to establishing a state permanent disability certification program.

SEC. 2.
Chapter 9 (commencing with Section 8280) is added to Division 8 of the Welfare and Institutions Code, to read:
9.
State Permanent Disability Certification Program Feasibility Study 8280.
For purposes of this chapter, the following definitions apply:
(a) “Agency” means the California Health and Human Services Agency, unless otherwise specified.
(b) ”Disability” has the same meaning as set forth in the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12102) or the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 705).
(c) “Permanent disability” means a medically determinable disability certified by a licensed medical professional as permanent or as one that continues, or can be expected to continue, indefinitely, and where significant functional improvement is not reasonably expected based on most updated medical evidence.
(d) “State permanent disability certification program” means a certification issued by a state department confirming that an individual has a permanent disability for the purpose of obtaining services.

8281.
(a) The California Health and Human Services Agency, in consultation with relevant state departments within the agency, shall complete a feasibility study that includes a comprehensive analysis of the challenges and opportunities related to establishing a state permanent disability certification program.
(b) For purposes of completing the feasibility study, the agency shall reasonably attempt to consult with local stakeholders, including, but not limited to, independent living centers, Aging and Disability Resource Connection (ADRC) programs, disability-led organizations, and county agencies.
(c) The analysis within the study shall address, at a minimum, all of the following:
(1) The ability to detect and prevent fraud within a state permanent disability certification program.
(2) The ability of the state to protect individual privacy.
(3) Technological limitations.
(4) Compatibility of a permanent disability certification for use within existing federal, state, and local programs.

8282.
By July 1, 2028, the agency shall submit a report of the completed study described in Section 8281 to the Legislature, in accordance with Section 9795 of the Government Code, and shall post the report on the agency’s internet website.

8283.
This chapter shall be implemented upon appropriation made by the Legislature for the purpose of this chapter.

8284.
In accordance with Section 10231.5 of the Government Code, this chapter shall remain in effect only until January 1, 2032, and as of that date is repealed.