AB 107 — Developmental services.

Summary

(1) Existing law authorizes the Director of General Services, with the consent of the State Department of Developmental Services, to lease up to 60 acres located within the grounds of Fairview Developmental Center for a period of up to 55 years, for the purpose of developing affordable housing for the employees of, and transitional housing for patient-clients of, Fairview Developmental Center. This bill would require that housing to first be available for individuals with developmental disabilities receiving services from a regional center, and then to individuals in need of affordable housing. The bill would additionally require the Director of General Services, on or before July 1, 2017, and with the approval of the State Department of Developmental Services, to amend the existing lease to include a portion of the Fairview Developmental Center property in the area of Mark Lane for the purpose of developing additional housing units to serve individuals with developmental disabilities. (2) Existing law provides that specified contracts entered into by any state agency for goods, services, or other specified activities, whether awarded through competitive bidding or not, are void unless and until approved by the Department of General Services, and requires denial of approval if the contract does not meet the required specifications of the bidding process. Under existing law, certain transactions, contracts, and persons are exempt from that law, including, subject to the approval of the Director of Developmental Services, specified employees of the department for the purpose of the employee becoming a vendor of a regional center for persons with developmental disabilities, as specified. Existing law requires such employees to terminate employment with any state agency or department before providing certification to a regional center, as specified, and provides that a contract entered into by a regional center and a state employee, in his or her capacity as a private citizen, to become a vendor of the regional center does not constitute a state contract, as defined. This bill would instead exempt from that law, subject to the approval of the Director of Developmental Services, specified employees of the department who enter into a contract with a regional center for the purpose of developing regional center services and require such an employee to terminate employment with a state agency or department before providing services funded by the state, as specified. The bill would also provide that a contract entered into by a regional center and a state employee, in his or her capacity as a private citizen, to develop regional center services does not constitute a state contract, as defined. (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 supports to all eligible infants and toddlers, as defined, and their families. The act requires, among other things, an eligible infant or toddler receiving services under the act to have an individualized family service plan. The act requires these services to be provided pursuant to the existing regional center system pursuant to the Lanterman Developmental Disabilities Services Act. The Lanterman Developmental Disabilities Services Act makes the State Department of Developmental Services responsible for providing various services and supports to individuals with developmental disabilities, and for ensuring the appropriateness and quality of those services and supports. Pursuant to that law, the department contracts with regional centers to provide services and supports to persons with developmental disabilities. Existing law requires the regional centers to ensure, at the time of development, scheduled review, or modification of an individualized family service plan required by the California Early Intervention Services Act, as described above, the establishment of an internal process. Existing law requires the internal process, when purchasing services and supports, to ensure, among other things, the utilization of generic services and supports when appropriate. This bill would require the internal process to ensure that the individualized family service planning team for infants and toddlers eligible under the California Early Intervention Services Act may determine that a medical service identified in the individualized family service plan is not available through the family's private health insurance policy or health care service plan and therefore will be funded by the regional center, as specified. (4) Existing law requires the regional center contracts described above to include, among other things, annual performance objectives, as specified. Existing law also establishes the Employment First Policy, which is the policy that opportunities for integrated, competitive employment be given the highest priority for working age individuals with developmental disabilities, regardless of the severity of their disabilities. This bill would require the annual performance objectives included in regional center contracts to measure progress, and report outcomes, in implementing the Employment First Policy, as specified. (5) Under existing law, regional centers purchase services for individuals with developmental disabilities through approved service providers or arrange for those services through other publicly funded agencies. Existing law provides that the rate for vouchered community-based training service shall not exceed $13.47 per hour. Existing law also provides that the rate for supported employment services provided to consumers receiving individualized services and for group services is $34.24 per hour and requires that rate to be adjusted by the State Department of Developmental Services, as specified. This bill would instead provide that the rate for vouchered community-based training service shall not exceed $14.99 per hour and that the rate for supported employment services provided to consumers receiving individualized services and for group services is $36.57 per hour. The bill would delete the requirement that the department adjust the rate for supported employment services provided to consumers receiving individualized services and for group services. (6) Existing law generally prohibits certain provider rate increases, but authorizes increases to those rates under specified circumstances, such as to adjust employee wages to meet the state minimum wage law. This bill would require the department to convene a working group, as specified, to consider simplified processes for providers seeking rate adjustments under certain conditions, and submit report to the Legislature, as specified. (7) Existing law prohibits a regional center from purchasing day program, vocational education, work services, independent living program, or mobility training and related transportation services for a consumer who is 18 to 22 years of age, inclusive, if that consumer is eligible for special education and related education services and has not received a diploma or certificate of completion, unless the IPP planning team determines that the consumer's needs cannot be met in the educational system or grants an exemption. Existing law authorizes an exemption to be granted on an individual basis in extraordinary circumstances to permit the purchase of the services described above. This bill would additionally authorize an exemption to be granted for participation in a specified paid internship program or related competitive integrated employment if the IPP planning team determines that the consumer could benefit from participation in a paid internship or competitive integrated employment. (8) Existing law requires the State Department of Developmental Services, in consultation with stakeholders, to develop an alternative service delivery model that provides an Individual Choice Budget for obtaining quality services and supports that provides choice and flexibility within a finite budget that, in the aggregate, reduces regional center purchase of service expenditures, reduces reliance on the General Fund, and maximizes federal financial participation. Existing law places certain restrictions on the purchase of respite services, based on need and duration, until implementation of the Individual Choice Budget, as specified. This bill would repeal the provision that places restrictions on the purchase of those services. (9) Existing law requires the State Department of Developmental Services and the regional centers to annually collaborate to compile specified data relating to purchase of service authorization, utilization, and expenditure by each regional center. Existing law requires the department, subject to available funding, to allocate funding to regional centers to assist with the implementation of recommendations and plans, developed in certain reports by the regional centers and the department, to promote equity and reduce disparities in the purchase of services, as specified. This bill would additionally require the department, subject to available funding, to allocate funding to community-based organizations to assist with implementation of the above-described recommendations and plans. The bill would authorize a community-based organization to submit a request for grant funding and would require the organization to submit the request concurrently to the regional center of the jurisdiction in which the organization is located and to the department. The bill would require the regional center to provide the department with input regarding the request, as specified. This bill would require the department to post specified information on its Internet Web site by certain dates, including, among other things, a structure for the grant program, a list of grant recipients, and evaluation results from prior grants. The bill would require regional centers and community-based organizations receiving funding to provide the department, as specified, with an evaluation of funded activities and the effectiveness of those activities in reducing disparities in the purchase of services. (10) Existing law vests in the State Department of Developmental Services jurisdiction over state hospitals, referred to as developmental centers, for the provision of residential care to individuals with developmental disabilities. Existing law requires the department, when closing a developmental center, to comply with procedural requirements that include the submission of a detailed plan to the Legislature. Existing law requires the department to submit to the Legislature, on or before October 1, 2015, a plan or plans to close one or more developmental centers, as specified. Existing law requires the department to include an update to the Legislature in the 2017–18 May Revision regarding how the department will provide access to crisis services after the closure of a developmental center and how the state will maintain its role in providing residential services to those whom private sector vendors cannot or will not serve. This bill would, commencing July 1, 2017, and until December 31, 2020, require the department to provide quarterly updates to the appropriate policy and fiscal committees of the Legislature on the steps foreseen, planned, and completed in the development of services under the above-described update by the department to the Legislature, as specified. This bill would also require the department to annually report to the Legislature during the budget subcommittee hearing process of the Senate and the Assembly on the department's research projects, as specified. (11) Existing law provides for the placement of individuals with developmental disabilities in various placements, including mental health rehabilitation centers, institutions for mental disease, and the secure treatment facility at Porterville Development Center, and requires, in certain circumstances, an assessment and the development of a plan to transition the individual out of the facility and into the community. This bill would require the transition process or transition plan for those facilities to be based upon the individual's needs, developed through the individual program plan process, and to ensure that needed services and supports, including, when appropriate for the individual, wraparound services through intensive individualized support services, will be in place at the time the individual moves. (12) Existing law regulates the utilization of seclusion or behavioral restraints in facilities operated by the State Department of Developmental Services, including requiring the reporting of a death or serious injury of a person occurring during, or related to, the use of seclusion or behavioral restraints. The bill would additionally require those facilities, on a monthly basis, to report to a specified agency, information relating to the number of incidents of the use of behavioral restraints, the duration of time spent per incident of restraint, and the number of times an involuntary emergency medication is used to control behavior. (13) Existing law generally regulates community crisis homes and enhanced behavioral supports homes, among other types of facilities, to provide developmental and behavioral supportive services. Existing law requires a community crisis home or an enhanced behavioral supports home to be eligible for federal Medicaid home- and community-based services funding. This bill would exempt a community crisis home or an enhanced behavioral supports home from the requirement to be eligible for this federal funding, if the State Department of Developmental Services approves the use of delayed egress devices with secured perimeters at the home, as specified. The bill would authorize a community crisis home using delayed egress devices to utilize secured perimeters, as specified, and would require the department, no later than December 1, 2017, to develop guidelines regarding the use of restraints or containment in enhanced behavioral support homes, as specified. (14) Existing law requires the State Department of Developmental Services to establish policies and procedures for the development of an annual community placement plan by regional centers. Existing law requires the department's policies in this regard to address statewide priorities, plan requirements, and the statutory roles of regional centers, developmental centers, and regional resource development projects in the process of assessing consumers for community living and in the development of community resources. This bill would require the department to establish guidelines for using community placement plan funds appropriated through the budget process for community resource development to address the needs for services and supports of developmental services consumers living in the community, as specified. The bill would establish procedures for regional centers relating to the proposed use of community development resource funds, would require regional centers to submit to the department quarterly reports on the use of community resource development plan funds, and would require the department to make reports to specified legislative staff and committees in connection with community resource development plans and activities. (15) Existing law requires all parental fees collected by or for regional centers to be remitted to the State Treasury to be deposited in the Developmental Disabilities Program Development Fund (Program Development Fund) , for the purpose of providing resources needed to initiate new programs and expand or convert existing programs. The Program Development Fund is available, upon appropriation by the Legislature, to the State Department of Developmental Services, and subject to any allocations that may be made in the annual Budget Act. Existing law authorizes the department to allocate funds from the Program Development Fund for any legal purpose, as specified, taking into consideration specified factors. This bill would specifically authorize the department to allocate funds from the Program Development Fund, to the extent appropriated for that purpose in the annual Budget Act, to fund community resource development projects approved pursuant to the bill, as specified. (16) The bill would appropriate the sum of $5,622,000 from the General Fund to the State Department of Developmental Services for the purposes of carrying out the provisions related to developing community resources. (17) 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 06/27/17 - Chaptered Current pdf June 27, 2017
• Enrolled 06/19/17 - Enrolled pdf June 19, 2017
• Amended 06/08/17 - Amended Senate pdf June 08, 2017
• Introduced 01/10/17 - Introduced pdf January 10, 2017
• AB107 View text html

Action History

1. June 27, 2017

   Chaptered by Secretary of State - Chapter 18, Statutes of 2017.

2. June 27, 2017

   Approved by the Governor.

3. June 21, 2017

   Enrolled and presented to the Governor at 2 p.m.

4. June 15, 2017

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2218.).

5. June 15, 2017

   Assembly Rule 63 suspended. (Ayes 55. Noes 23. Page 2213.)

6. June 15, 2017

   Assembly Rule 77(a) suspended.

7. June 15, 2017

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 17 pursuant to Assembly Rule 77.

8. June 15, 2017

   Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 1559.).

9. June 14, 2017

   Read second time. Ordered to third reading.

10. June 13, 2017

    From committee: Do pass. (Ayes 17. Noes 0.) (June 13).

11. June 08, 2017

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.

12. May 18, 2017

    Referred to Com. on B. & F.R.

13. May 18, 2017

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

14. May 18, 2017

    Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 25. Page 1596.)

15. May 15, 2017

    Read second time. Ordered to third reading.

16. May 15, 2017

    Ordered to second reading.

17. May 15, 2017

    Withdrawn from committee.

18. May 15, 2017

    Assembly Rule 96 suspended. (Ayes 52. Noes 25. Page 1511.)

19. January 19, 2017

    Referred to Com. on BUDGET.

20. January 11, 2017

    From printer. May be heard in committee February 10.

21. January 10, 2017

    Read first time. To print.

Sponsors

• Committee on Budget · Primary

Votes

Subjects