AB 104 — Developmental services.

Summary

(1) The Lanterman Developmental Disabilities Services Act authorizes the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities. The services and supports to be provided to a regional center consumer are contained in an individual program plan (IPP) , developed in accordance with prescribed requirements. This bill would require the planning process for the development of an IPP to include the development of a transportation access plan, as specified, when certain conditions are met. This bill would specify the process by which a consumer who is 18 to 22 years of age, inclusive, is provided with day, vocational education, work services, independent living, or mobility and related transportation services. (2) Existing law, in counties that agree to be subject to these provisions pursuant to a resolution adopted by the board of supervisors, provides that when it appears to the court, or upon request of the prosecutor or counsel, that a minor who is alleged to come within the jurisdiction of the juvenile court as a person who is or may be found to be a ward of the juvenile court may have a serious mental disorder, is seriously emotionally disturbed, or has a developmental disability, the court may order that the minor be referred for evaluation by a licensed mental health professional. Existing law also authorizes, during the pendency of any juvenile proceeding, the minor's counsel or the court to express a doubt as to the minor's competency. Existing law requires proceedings to be suspended if the court finds substantial evidence raises a doubt as to the minor's competency. Existing law requires the court to appoint an expert, as specified, to evaluate whether the minor suffers from a mental disorder, developmental disability or developmental immaturity, or other condition and, if so, whether the condition impairs the minor's competency. Existing law requires that, if the minor is found to be incompetent by a preponderance of the evidence, all proceedings remain suspended to determine whether there is a substantial probability that the minor will attain competency in the foreseeable future or the court no longer retains jurisdiction. This bill would eliminate the requirement that the court appoint an expert, as specified, to evaluate whether the minor suffers from a developmental disability, and instead provide that, if the minor is suspected of being developmentally disabled, the court is required to appoint the director of a regional center for developmentally disabled individuals to evaluate the minor, as prescribed, and would make related changes. (3) Existing law, the California Early Intervention Services Act, provides a statewide system of coordinated, comprehensive, family-centered, multidisciplinary, and interagency programs that are responsible for providing appropriate early intervention services and support to all eligible infants and toddlers, as defined, and their families, and requires an eligible infant or toddler receiving services under the act to have an individualized family service plan (IFSP) . Existing law requires direct early intervention services to eligible infants and toddlers and their families to be provided pursuant to the existing regional center system under the Lanterman Developmental Disabilities Services Act and the existing local education agency system, as specified. This bill would require, at specified times, the consumer of regional center services through either an IPP or IFSP, or the consumer's parent, guardian, or conservator to provide copies of any health benefit cards under which the consumer is eligible to receive health benefits. The bill would prohibit a regional center from using the lack of these benefits to negatively impact the decision as to which services and supports the consumer receives. (4) Existing law authorizes a regional center, pursuant to vendorization or a contract, to purchase services or supports for a consumer from any individual or agency that the regional center and consumer or, where appropriate, his or her parents, legal guardian, or conservator, or authorized representative, determines will best accomplish all or any part of that consumer's IPP. This bill would require, on and after July 1, 2012, with specified exceptions, all providers of early intervention services purchased through a regional center and all vendors and contracted providers of services or supports for a consumer purchased through a regional center to submit all billings through the regional center e-billing system Internet Web application provided by the department. The bill would also require, effective July 1, 2011, regional centers to begin transitioning vendors and contracted providers into the regional center e-billing system. This bill, beginning July 1, 2011, would require any vendor who provides specified services to submit prescribed verification to the regional center for services provided to consumers who are under 18 years of age and residing in the family home, and would make related changes. This bill would also require the department to adopt regulations to address the use of paraprofessionals, as specified. (5) Existing law requires the department to establish a prevention program for at-risk babies, as defined, to provide intake, assessment, case management, and referrals to agencies. This bill would phase out this program by June 30, 2011, and would repeal the current provisions as of January 1, 2013. The bill would, effective July 1, 2011, require the department to contract with an organization representing one or more family resource centers, as defined, to provide outreach, information, and referral services for at-risk babies. The bill would also require regional centers to refer at-risk babies to the family resource centers. (6) Existing law requires vendors of specified services to provide alternative senior program and alternative customized program components, as specified. This bill would prohibit a regional center from referring consumers to these programs after July 1, 2011. The bill would authorize a consumer to choose a tailored day service or vouchered community-based training service in lieu of other specified programs. (7) Existing law requires the Director of Developmental Services to establish, maintain, and revise, as necessary, an equitable process for setting rates of payment for nonresidential services purchased by regional centers. This bill would require specified programs with a daily rate to bill regional centers for services provided to consumers in terms of half days and full days, as defined. (8) Under existing law, Medi-Cal benefits include intermediate care facility services for persons with developmental disabilities. Existing law requires certain types of licensed intermediate care facilities for persons with developmental disabilities (ICF-DDs) , as specified, to be responsible for providing day treatment and transportation services that are selected and authorized through an IPP, as specified, for each beneficiary receiving those services who resides in that licensed ICF-DD. Existing law authorizes the department to make a supplemental payment to an enrolled Medi-Cal provider that is a licensed ICF-DD for day treatment and transportation services provided to Medi-Cal beneficiaries residing in the ICF-DDs, and requires the department to amend the regional center contracts for the 2007–08 fiscal year to extend the contract liquidation period until June 30, 2011. This bill would instead require the department to amend the regional center contracts for the 2007–08 and 2008–09 fiscal years, to extend the contract liquidation period to December 31, 2011, as specified. (9) Existing law requires the department to adopt regulations that specify rates for community care facilities serving persons with developmental disabilities on the basis of a cost model designed by the department that ensures that aggregate facility payments support the provision of services to each person in accordance with his or her IPP and applicable program requirements. This bill would, commencing July 1, 2011, authorize a regional center to enter into a signed written agreement with a residential service provider for a consumer's needs to be provided at a lower level of payment than the facility's designated Alternative Residential Model (ARM) service level without adjusting the approved service level. (10) Existing law requires the department and regional centers to ensure that supported living arrangements for adults with developmental disabilities are made available, as specified. This bill would revise the provisions relating to supported living arrangements by, among other things, providing for the sharing of tasks, as specified, for consumers who share a household with other adults receiving supported living services. The bill would also require an independent assessment for certain consumers in a supported living arrangement who either are receiving, or initially entering, supported living, who have supported living service costs, or who have an initial recommendation for service costs, that exceeds 125% of the annual statewide average cost of supported living services, as published by the department commencing June 30, 2011. The bill would specify the duties of the department and the regional centers in connection with the reassessment process. This bill would require the regional center, if implementation of the task-sharing or reassessment requirements set forth in the bill would result in a determination of a reduction in services, to inform the consumer of the reason for that determination, and provide the consumer with written notice of specified fair hearing rights. (11) Existing law establishes the Family Cost Participation Program to collect fees, as prescribed, from families with a child who receives services through the regional center system. This bill would, effective July 1, 2011, and until June 30, 2013, establish a family program fee, as specified, for families with an adjusted gross family income, as defined, at or above 400% of the federal poverty level and who have a child meeting prescribed requirements, including receiving specified services from a regional center. (12) Existing law establishes specified state hospitals for the developmentally disabled, including, but not limited to, Porterville Developmental Center, and prohibits the total number of developmental center residents in the secure treatment facility at Porterville Developmental Center from exceeding 297. This bill would prohibit the total number of developmental center residents in the secure treatment facility at Porterville Developmental Center from exceeding 230, would prohibit the department from admitting any persons into the secure treatment facility until the population is less than 230 persons, and would prohibit the department from admitting more than 104 people who are ineligible to participate in programs certified for federal financial participation into the secure treatment facility. (13) Existing law requires regional centers to reduce payments for specified services and supports by 3% from February 1, 2009, to June 30, 2010, inclusive, and by 4.25% from July 1, 2010, to June 30, 2012, inclusive, unless the regional center demonstrates that a nonreduced payment is necessary to protect the health and safety of the individual for whom the services and supports are proposed to be purchased, and the State Department of Developmental Services has granted prior written approval. Existing law excepts from this rate reduction services with usual and customary rates, pursuant to a specified regulation. This bill would exclude payment for designated services with usual and customary rates from the exception to the above-described rate reduction, thereby making rates for the designated services subject to that reduction. This bill would also require the department to reimburse the Office of Statewide Audits and Evaluations to conduct a review and analysis of the budget methodology, including relevant data, formulas, and cost assumptions, used in determining the department's annual budget. (14) This bill would appropriate $1,000 from the General Fund to the department for departmental support. (15) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

• Chaptered 06/30/11 - Chaptered Current pdf June 30, 2011
• Enrolled 06/30/11 - Enrolled pdf June 30, 2011
• Amended 06/08/11 - Amended Senate pdf June 08, 2011
• Amended 03/14/11 - Amended Senate pdf March 14, 2011
• Introduced 01/10/11 - Introduced pdf January 10, 2011
• AB104 View text html

Action History

1. June 30, 2011

   Chaptered by Secretary of State - Chapter 37, Statutes of 2011.

2. June 30, 2011

   Approved by the Governor.

3. June 29, 2011

   Enrolled and presented to the Governor at 4:45 p.m.

4. June 15, 2011

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 25. Page 1952.).

5. June 13, 2011

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 15 pursuant to Assembly Rule 77.

6. June 10, 2011

   Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 14. Page 1370.).

7. June 10, 2011

   (Page 1369.)

8. June 10, 2011

   Pursuant to Joint Rule 33.1, Joint Rule 10.5 suspended by unanimous consent.

9. June 09, 2011

   Read second time. Ordered to third reading.

10. June 08, 2011

    Read third time and amended. Ordered to second reading.

11. March 16, 2011

    Ordered to third reading.

12. March 16, 2011

    From committee: Do pass. (Ayes 10. Noes 6.) (March 16).

13. March 16, 2011

    Re-referred to Com. on B. & F.R. pursuant to Joint Rule 10.5.

14. March 15, 2011

    Read second time. Ordered to third reading.

15. March 14, 2011

    Read third time and amended. Ordered to second reading.

16. March 07, 2011

    Read second time. Ordered to third reading.

17. March 07, 2011

    Ordered to second reading.

18. February 22, 2011

    In Senate. Read first time. To Com. on RLS. for assignment.

19. February 22, 2011

    Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 0. Page 418.)

20. February 18, 2011

    Read second time. Ordered to third reading.

21. February 18, 2011

    Without reference to committee.

22. January 11, 2011

    From printer. May be heard in committee February 10.

23. January 10, 2011

    Read first time. To print.

Sponsors

• Committee on Budget · Primary

Votes

Subjects