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<ns0:Id>20250AB__157598AMD</ns0:Id>
<ns0:VersionNum>98</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-01-12</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2026-03-19</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>AB</ns0:MeasureType>
<ns0:MeasureNum>1575</ns0:MeasureNum>
<ns0:MeasureState>AMD</ns0:MeasureState>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Arambula</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Arambula</ns0:Name>
</ns0:Legislator>
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<ns0:Title>An act to amend Sections 95016 and 95020 of the Government Code, and to amend Sections 4401, 4405, 4408.5, 4414, 4418.25, 4418.3, 4418.7, 4418.8, 4425, 4426, 4427.5, 4433, 4434, 4435.1, 4435.2, 4457, 4459, 4461, 4462, 4465, 4466, 4467, 4474, 4474.1, 4474.12, 4474.16, 4474.17, 4474.4, 4474.5, 4474.6, 4475, 4476, 4487, 4488, 4500.5, 4501, 4502.1, 4503, 4504, 4505, 4506.2, 4506.4, 4506.5, 4506.7, 4511, 4511.1, 4511.5, 4511.6, 4512, 4513, 4514, 4518, 4519, 4519.2, 4519.4, 4519.5, 4519.7, 4519.8, 4519.9, 4519.10, 4520, 4521, 4521.5, 4521.6, 4525, 4535, 4541, 4544, 4548, 4551, 4562, 4571, 4572, 4580, 4620.2, 4620.3, 4620.4, 4620.5, 4622, 4626, 4626.5, 4627, 4629, 4629.5, 4629.7, 4635, 4639.6, 4640.6, 4640.7, 4640.8, 4640.9, 4641.1, 4642, 4643, 4643.5,
4646, 4646.4, 4646.5, 4646.6, 4647, 4648, 4648.1, 4648.11, 4648.12, 4648.14, 4648.35, 4648.55, 4655, 4656, 4659, 4659.1, 4659.2, 4659.5, 4659.7, 4659.11, 4659.12, 4659.13, 4659.14, 4659.15, 4659.16, 4659.17, 4659.18, 4659.20, 4659.21, 4659.22, 4659.23, 4659.24, 4660, 4669.2,4669.75, 4677, 4679, 4681.1, 4681.5, 4681.6, 4681.7, 4684, 4684.50, 4684.53, 4684.55, 4684.58, 4684.60, 4684.63, 4684.65, 4684.68, 4684.70, 4684.73, 4684.74, 4684.77, 4684.80, 4684.81, 4684.82, 4684.83, 4684.84, 4684.85, 4684.86, 4685.1, 4685.7, 4685.8, 4686, 4686.2, 4686.31, 4688, 4688.05, 4688.06, 4688.1, 4688.2, 4688.21, 4688.22, 4689, 4689.05, 4689.1, 4689.2, 4689.6, 4689.8, 4690.2, 4690.4, 4690.7, 4691.6, 4691.9, 4691.10, 4694, 4695.2, 4696.1, 4696.3, 4697, 4698, 4698.1, 4699, 4699.2, 4699.3, 4699.4, 4699.5, 4699.6, 4727, 4731, 4741, 4742, 4742.1, 4743, 4744, 4746, 4747, 4781.5, 4781.6, 4787, 4791, 4792, 4800, 4801, 4825, 4832,
4835, 4851, 4852, 4853, 4854, 4856, 4857.1, 4858, 4860, 4861, 4862, 4865, 4867, 4868.5, 4869, 4870, 4870.1, 4870.2, 4878, 4904, and 4905 of the Welfare and Institutions Code, relating to developmental services. </ns0:Title>
<ns0:RelatingClause>developmental services</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Lanterman Developmental Disabilities Services Act.</ns0:Subject>
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<ns0:DigestText>
<html:p>Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Under existing law, the services and supports to be provided to a regional center consumer are contained in an individual program plan, developed in accordance with prescribed requirements. Existing law defines “consumer” for these purposes.</html:p>
<html:p>This bill would replace “consumer” with “person eligible for regional center services” throughout the act, and would also remove gendered language.</html:p>
<html:p>Existing law requires the Director of Developmental Services to develop program standards and establish, maintain, and revise, as necessary, an equitable process for setting rates of state payment, based upon those standards, for in-home respite services purchased by regional centers from agencies vendored to provide these services. Existing law defines “in-home respite services” as intermittent or regularly scheduled temporary nonmedical care and supervision provided in the client’s own home, for a regional center client who resides with a family member, and provides that the services are designed to, among other things, attend to the client’s basic self-help needs and other activities of daily living, including interaction, socialization, and continuation of usual daily routines that would ordinarily be performed by the family members.</html:p>
<html:p>This bill would expand the definition of “in-home respite services” to include the provision
of that care and supervision in the client’s local community, and would authorize the services to be designed to attend to the client’s appropriate community integration and socialization that ordinarily would be performed by the family members.</html:p>
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<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 95016 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Num>95016.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
Each infant or toddler referred for evaluation for early intervention services shall have a timely, comprehensive, multidisciplinary evaluation of their needs and level of functioning in order to determine eligibility. In the process of determining eligibility of an infant or toddler, an assessment shall be conducted by qualified personnel, and shall include a family interview, to identify the child’s unique strengths and needs and the services appropriate to meet those needs; and the resources, priorities, and concerns of the family and the supports and services necessary to enhance the family’s capacity to meet the
developmental needs of their infant or toddler. Evaluations and assessments shall be shared and utilized between the regional center and the local educational agency, and any other agency providing services for the eligible infant or toddler, as appropriate. Family assessments shall be family directed and voluntary on the part of the family. Families shall be afforded the opportunity to participate in all decisions regarding eligibility and services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Regional centers and local educational agencies or their designees shall be responsible for ensuring that the requirements of this section are implemented. The procedures, requirements, and timelines for evaluation and assessment shall be consistent with the statutes and regulations under Part C of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.), applicable regulations, and this title, and shall be specified in regulations adopted pursuant to Section
95028.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 95020 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Num>95020.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
An eligible infant or toddler shall have an individualized family service plan. The individualized family service plan shall be used in place of an individual program plan required pursuant to Sections 4646 and 4646.5 of the Welfare and Institutions Code, the individualized education program required pursuant to Section 56340 of the Education Code, or any other applicable service plan.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For an infant or toddler who has been evaluated for the first time, a meeting to share the results of the evaluation, to determine eligibility and, for children who are eligible, to develop the initial individualized family service plan shall be conducted within 45 calendar days of receipt of the written referral. Evaluation results and determination of eligibility may be
shared in a meeting with the family prior to the individualized family service plan. Written parent consent, or consent by a legal guardian, to evaluate and assess shall be obtained within the 45-day timeline. A regional center, local educational agency, or the designee of one of those entities shall initiate and conduct this meeting. Families shall be afforded the opportunity to participate in all decisions regarding eligibility and services. During intake and assessment, but no later than the individualized family service plan meeting, the parents, legal guardian, or conservator shall provide copies of any health benefit cards under which the person eligible for regional center services, as defined in Section 4512 of the Welfare and Institutions Code, is eligible to receive health benefits, including, but not
limited to, private health insurance, a health care service plan, Medi-Cal, Medicare, and TRICARE. If the individual, or, if appropriate, the parents, legal guardians, or conservators, do not have any benefits, the regional center shall not use that fact to negatively impact the services that the individual may or may not receive from the regional center.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Parents and legal guardians shall be fully informed of their rights, including the right to invite another person, including a family member or an advocate or peer parent, or any or all of them, to accompany them to any or all individualized family service plan meetings. Notwithstanding any other law, at the request of the parent or legal guardian, an individualized family service plan meeting shall be held by remote electronic communications.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If a regional center has
not held an in-person individualized family service plan meeting or completed any other in-person meeting or visit in the previous six months, the regional center shall hold an in-person individualized family service plan meeting, or other meeting, or visit at a location and at a time that is convenient for, and reflects the preference of, the parent, legal guardian, or authorized representative. This requirement on the part of the regional center shall not impede, delay, or prevent the timely development or revision of an individualized family service plan, or the timely authorization or receipt of services and supports.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The in-person meeting requirement established in this subparagraph shall remain in effect pending the department’s review, in coordination with stakeholders, of implementation of this subdivision, as amended by the act that added this paragraph. The review shall include the development of recommendations that may include,
but not be limited to, whether and to what extent the in-person requirements are effective in assisting the infant or toddler in meeting the goals stated in the individual family service plan, in positively facilitating and improving service access and equity, and in helping to build relationships between service coordinators and parents, legal guardians, or authorized representatives. The department shall, after consulting with and receiving input from stakeholders, provide an update to the Legislature on the status of the review no later than January 10, 2026, and shall provide, with any additional consultation and documented input from stakeholders, the completed review to the Legislature no later than May 14, 2026.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
With parental consent, or consent by a legal guardian, a referral shall be made to the local family resource center or network. A request for consent shall be offered to the parents or the legal guardian at the initial
individualized family service plan meeting and at any subsequent individualized family service plan meeting, if consent was not previously obtained.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The individualized family service plan shall be in writing and shall address all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A statement of the infant’s or toddler’s present levels of physical development including vision, hearing, and health status, cognitive development, communication development, social and emotional development, and adaptive developments.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
With the concurrence of the family, a statement of the family’s concerns, priorities, and resources related to meeting the special developmental needs of the eligible infant or toddler.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A statement of the major outcomes expected to be achieved for the infant or
toddler and family where services for the family are related to meeting the special developmental needs of the eligible infant or toddler.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The criteria, procedures, and timelines used to determine the degree to which progress toward achieving the outcomes is being made and whether modifications or revisions are necessary.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A statement of the specific early intervention services necessary to meet the unique needs of the infant or toddler as identified in paragraph (3), including, but not limited to, the frequency, intensity, location, duration, and method of delivering the services, including by remote electronic communications, and ways of providing services in natural generic environments, including group training for parents and legal guardians on behavioral intervention techniques in lieu of some or all of the in-home parent and legal guardian
training component of the behavior intervention services, and purchase of neighborhood preschool services and needed qualified personnel in lieu of infant development programs.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Effective July 1, 2009, at the time of development, review, or modification of an infant’s or toddler’s individualized family service plan, the regional center shall consider both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The use of group training for parents and legal guardians on behavior intervention techniques, in lieu of some or all of the in-home parent and legal guardian training component of the behavior intervention services.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The purchase of neighborhood preschool services and needed qualified personnel, in lieu of infant development programs.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A statement of the agency
responsible for providing the identified services.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The name of the service coordinator who shall be responsible for facilitating implementation of the plan and coordinating with other agencies and persons.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The steps to be taken to ensure transition of the infant or toddler upon reaching three years of age to other appropriate services. These may include, as appropriate, special education or other services offered in natural environments.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The projected dates for the initiation of services in paragraph (5) and the anticipated duration of those services.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Each service identified in the individualized family service plan shall be designated as one of three types:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An early
intervention service, as defined in subsection (4) of Section 1432 of Title 20 of the United States Code, and applicable regulations, that is provided or purchased through the regional center, local educational agency, or other participating agency. The State Department of Health Care Services and the State Department of Social Services shall provide services in accordance with state and federal law and applicable regulations, and up to the level of funding as appropriated by the Legislature. Early intervention services identified in an individualized family service plan that exceed the funding, statutory, and regulatory requirements of these departments shall be provided or purchased by regional centers or local educational agencies under subdivisions (b) and (c) of Section 95014. The State Department of Health Care Services and the State Department of Social Services shall not be required to provide early intervention services over their existing funding, statutory, and regulatory requirements.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Another service, other than those specified in paragraph (1), that the eligible infant or toddler or their family may receive from other state programs, subject to the eligibility standards of those programs.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A referral to a nonrequired service that may be provided to an eligible infant or toddler or their family. Nonrequired services are those services that are not defined as early intervention services or do not relate to meeting the special developmental needs of an eligible infant or toddler related to the disability, but that may be helpful to the family. The granting or denial of nonrequired services by a public or private agency is not subject to appeal under this title. Notwithstanding any other law or regulation to the contrary, effective July 1, 2009, with the exception of durable medical equipment, regional centers shall not purchase nonrequired services, but may
refer a family to a nonrequired service that may be available to an eligible infant or toddler or their family.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
An annual review, and other periodic reviews, of the individualized family service plan for an infant or toddler and the infant’s or toddler’s family shall be conducted to determine the degree of progress that is being made in achieving the outcomes specified in the plan and whether modification or revision of the outcomes or services is necessary. The frequency, participants, purpose, and required processes for annual and periodic reviews shall be consistent with the statutes and regulations under Part C of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and this title, and shall be specified in regulations adopted pursuant to Section 95028. At the time of the review, the parents, legal guardian, or conservator shall provide copies of any health benefit cards under which the
person eligible for regional center services, as defined in Section 4512 of the Welfare and Institutions Code, is eligible to receive health benefits, including, but not limited to, private health insurance, a health care service plan, Medi-Cal, Medicare, and TRICARE. If the parents, legal guardian, or conservator do not have those benefit cards, the regional center shall not use that fact to negatively impact the services that the individual may or may not receive from the regional center.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A regional center shall communicate and provide written materials in the family’s native language during the assessment, evaluation, and planning process for the individualized family
service plan, as required by Part C of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and implementing regulations, and as required by Sections 11135 to 11139, inclusive, and implementing regulations, including providing alternative communication services pursuant to Sections 11161 and 11162 of Title 2 of the California Code of Regulations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The family’s native language shall be documented in the individualized family service plan.
</html:p>
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 4401 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Num>4401.</ns0:Num>
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<html:p>As used in this division:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Department” means the State Department of Developmental Services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Director” means the Director of Developmental Services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Person eligible for regional center services” has the same meaning as in Section 4512.
</html:p>
<html:p>
(d)
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“State hospital” means any hospital specified in Section 4440.
</html:p>
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 4405 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Num>4405.</ns0:Num>
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(a)
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With the consent of the Senate, the Governor shall appoint to serve at their pleasure, the Director of Developmental Services. They shall have the powers of a head of a department pursuant to Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code, and shall receive the salary provided for
by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Upon recommendation of the director, the Governor may appoint a chief deputy director of the department who shall hold office at the pleasure of the Governor. The salary of the chief deputy director shall be fixed in accordance with law.
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<ns0:Num>SEC. 5.</ns0:Num>
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Section 4408.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_ED9B2972-4094-4D2E-940E-C4965ECA96CC">
<ns0:Num>4408.5.</ns0:Num>
<ns0:LawSectionVersion id="id_42C0FDFD-18F6-4D54-9BCF-A8A08A2A2936">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The criminal history check required by this section is limited to a State Department of Developmental Services employee, prospective employee, contractor, subcontractor, and volunteer whose duties include, or would include, access to any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The developmental center established by Section 7502, the facility described in paragraph (4) of subdivision (a) of Section 7505, or a program described in Section 4418.7.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An individual receiving services at a developmental center, facility, or program, as they are described in paragraph (1), or a
person eligible for regional center services who is receiving services from a regional center.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Individuals who are being evaluated for placement at a developmental center, facility, or program, as they are described in paragraph (1).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Medical information, as defined in Section 56.05 of the Civil Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Criminal offender record information, as defined in Section 11075 of the Penal Code, including federal criminal history information obtained pursuant to subdivision (u) of Section 11105 of the Penal Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The State Department of Developmental Services shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of an employee, prospective
employee, contractor, subcontractor, and volunteer, specified in subdivision (a), in accordance with subdivision (u) of Section 11105 of the Penal Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
It is the intent of the Legislature in enacting this section to authorize the department to receive both state- and federal-level information from the Department of Justice following submission of fingerprints for the purpose of performing background checks.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_90E69B88-4F88-4DE3-AB74-76E35852437F">
<ns0:Num>SEC. 6.</ns0:Num>
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Section 4414 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_32A5C818-9D4C-493E-8D03-CA7526380A26">
<ns0:Num>4414.</ns0:Num>
<ns0:LawSectionVersion id="id_9B687F62-CFC1-40BA-A960-4DF90557C602">
<ns0:Content>
<html:p>When convening any task force or advisory group, the department shall make its best effort to ensure representation by persons eligible for regional center services and family members representing California’s multicultural diversity.</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_8513428B-64A1-4FE5-B0EC-DA7DFC1D68A1">
<ns0:Num>SEC. 7.</ns0:Num>
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Section 4418.25 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_13148D55-9F46-42A6-9B36-51673DF43756">
<ns0:Num>4418.25.</ns0:Num>
<ns0:LawSectionVersion id="id_5ACD0016-9724-4EDB-8822-90C9AE07340F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department shall establish policies and procedures for the development of an annual community placement plan by regional centers. The community placement plan shall be based upon an individual program plan process as referred to in subdivision (a) of Section 4418.3 and shall be linked to the development of the annual State Budget. The department’s policies shall address statewide priorities, plan requirements, and the statutory roles of regional centers, developmental centers, and regional resource development projects in the process of assessing persons eligible for regional center services
for community living and in the development of community resources.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
In addition to the existing priorities to support the closure of the developmental centers and the development of services and supports to transition individuals from restrictive settings, including institutions for mental disease, the department also shall establish guidelines by which community placement plan funds appropriated through the budget process may be utilized for community resource development to address the needs for services and supports of persons eligible for regional center services living in the community in accordance with Section 4679.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The
department may allocate funds to regional centers for purposes of community resource development as provided in this paragraph when the department determines that sufficient funding has been appropriated and reserved for a fiscal year for development of the resources that are necessary to address the needs of persons moving from a developmental center pursuant to Section 4474.11, and no sooner than 30 days after the department has provided notice of this determination to the Joint Legislative Budget Committee and the appropriate policy and fiscal committees of the Legislature.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
To reduce reliance on developmental centers and mental health facilities, including institutions for mental disease as described in Part 5 (commencing with Section 5900) of Division 5, for which federal funding is not available, and out-of-state placements, the department shall establish a statewide specialized resource service that does all
of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Tracks the availability of specialty residential beds and services.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Tracks the availability of specialty clinical services.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Coordinates the need for specialty services and supports in conjunction with regional centers.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Identifies, subject to federal reimbursement, developmental center services and supports that can be made available to persons eligible for regional center services residing in the community, when no other community resource has been identified.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
By September 1, 2012, regional centers shall provide the department with information about all specialty resources developed with the use of community placement plan funds and shall make these resources available to other regional centers.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
When allocating funding for community placement plans, priority shall be given to the development of needed statewide specialty services and supports, including regional community crisis homes.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If approved by the director, funding may be allocated to facilities that meet the criteria of Sections 1267.75 and 1531.15 of the Health and Safety Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The department shall not provide community placement plan funds to develop programs that are ineligible for federal funding participation unless approved by the director.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The community placement plan shall provide for dedicated funding for comprehensive assessments of developmental center residents, for identified costs of moving individuals from developmental centers to the community, and for deflection of individuals from developmental center admission. The plans shall, where appropriate, include budget requests for regional center operations, assessments, resource development, and ongoing placement costs. These budget requests are intended to provide supplemental funding to regional centers. The plan is not intended to limit the department’s or regional centers’ responsibility to otherwise conduct assessments and individualized program planning, and to provide needed services and supports in the least restrictive, most integrated setting in accord with the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Regional centers shall complete a comprehensive assessment of a person eligible for regional center services residing in a developmental center on July 1, 2012, who meets both of the following criteria:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The person eligible for regional center services is not committed pursuant to Section 1370.1 of the Penal Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The
person eligible for regional center services has not had such an assessment in the prior two years.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The assessment shall include input from the regional center, the
person eligible for regional center services and, if appropriate, the family, legal guardian, conservator, or authorized representative of the person eligible for regional center services, and shall identify the types of community-based services and supports available to the person eligible for regional center services that would enable the
person eligible for regional center services to move to a community setting. Necessary services and supports not currently available in the community setting shall be considered for development pursuant to community placement planning and funding.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Regional centers shall specify in the annual community placement plan how they will complete the required assessment and the timeframe for completing the assessment for each person eligible for regional center services. Initial assessments pursuant to this paragraph for individuals residing in a developmental center on July 1, 2012, shall be completed by December 31, 2015, unless a regional center demonstrates to the department that an extension of time is
necessary and the department grants an extension.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The assessment completed in the prior two years, or the assessment completed pursuant to the requirements of this section, including any updates pursuant to subparagraph (E), shall be provided to both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The individual program planning team and clients’ rights advocate for the regional center in order to assist the planning team in determining the least restrictive environment for the person eligible for regional center services.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The superior court with
jurisdiction over the
placement of the person eligible for regional center services at the developmental center, including the attorney of record for the person eligible for regional center services and other parties known to the regional center. For judicial proceedings pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6, the comprehensive assessment shall be included in the regional center’s written report required by Section 6504.5. For all other proceedings, the regional center shall provide the comprehensive assessment to the court and parties to the case at least 14 days in advance of regularly scheduled judicial review. This clause shall not apply to
persons eligible for regional center services committed pursuant to Section 1370.1 of the Penal Code.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The assessments described in subparagraph (D) shall be updated annually as part of the individual program planning process for as long as the person eligible for regional center services resides in the developmental center. To the extent appropriate, the regional center shall also provide relevant information from the statewide specialized resource service. The regional center shall notify the clients’ rights advocate for the regional center of the time, date, and location of each individual program plan meeting that includes discussion of the results of the comprehensive assessment and updates to
that assessment. The regional center shall provide this notice as soon as practicable following the completion of the comprehensive assessment or update and not less than 30 calendar days before the meeting. The clients’ rights advocate may participate in the meeting unless the person eligible for regional center services objects on their own behalf.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department shall review, negotiate, and approve regional center community placement plans for feasibility and reasonableness, including recognition of each regional centers’ current developmental center population and their corresponding placement level, as well as each regional centers’ need to develop new and innovative service models. The department shall hold regional centers accountable
for the development and implementation of their approved plans. The regional centers shall report, as required by the department, on the outcomes of their plans. The department shall make aggregate performance data for each regional center available, upon request, as well as data on admissions to, and placements from, each developmental center.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Funds allocated by the department to a regional center for a community placement plan developed under this section shall be controlled through the regional center contract to ensure that the funds are expended for the purposes allocated. Funds allocated for community placement plans that are not used for that purpose may be transferred to Item 4300-003-0001 for expenditure in the state developmental centers if their population exceeds the budgeted level. Any unspent funds shall revert to the General Fund.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Commencing May 1, 2013, and
then on April 1, 2014, and on April 1 annually thereafter, the department shall provide to the fiscal and appropriate policy committees of the Legislature, and to the contractor for regional center clients’ rights advocacy services under Section 4433, information on efforts to serve persons eligible for regional center services with challenging service needs, including, but not limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For each regional center, the number of
persons eligible for regional center services admitted to each developmental center, including the legal basis for the admissions.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For each regional center, the number of persons eligible for regional center services described in paragraph (2) of subdivision (a) of Section 7505 who were admitted to Fairview Developmental Center by court order pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6, and the number and lengths of stay of
persons eligible for regional center services, including those who have transitioned back to a community living arrangement.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Outcome data related to the assessment process set forth in Section 4418.7, including the number of persons eligible for regional center services who received assessments pursuant to Section 4418.7 and the outcomes of the assessments. Each regional center, commencing March 1, 2013, and then on February 1, 2014, and on February 1 annually thereafter, shall provide the department with information on alternative community services and supports provided to those
persons eligible for regional center services who were able to remain in the community following the assessments, and the unmet service needs that resulted in any persons eligible for regional center services being admitted to Fairview Developmental Center.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Progress in the development of needed statewide specialty services and supports, including regional community crisis options, as provided in paragraph (3) of subdivision (b). Each regional center shall provide the department with a report containing the information described in this paragraph commencing March 1, 2013, and then on February 1, 2014, and on February 1 annually thereafter.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Progress in reducing reliance on mental health facilities ineligible for federal Medicaid funding, and out-of-state placements, including information on the utilization of those facilities, which shall include, by regional center, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The total number and age range of persons eligible for regional center services placed in those facilities.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The number of admissions.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The reasons for admissions by category, including, but not limited to, incompetent-to-stand-trial (IST) commitment, Section 6500 commitment, crisis stabilization, and lack of appropriate community
placement.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The lengths of stay of
persons eligible for regional center services.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The type of facility.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Information on the utilization of facilities serving persons eligible for regional center services with challenging service needs that utilize delayed egress devices and secured perimeters, pursuant to Section 1267.75 or 1531.15 of the Health and Safety Code, including the number of admissions, reasons for admissions, and lengths of stay of
persons eligible for regional center services,
including those who have transitioned to less restrictive living arrangements.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
If applicable, any recommendations regarding additional rate exceptions or modifications beyond those allowed for under existing law that the department identifies as necessary to meet the needs of persons eligible for regional center services with challenging service needs.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Each regional center, commencing March 1, 2013, and then on February 1, 2014, and on February 1 annually thereafter, shall provide information to the department regarding the facilities described in paragraph (6) of subdivision (f), including, but not limited to, the number of admissions, reasons for
admissions, and lengths of stay of
persons eligible for regional center services, including those who have transitioned to less restrictive living arrangements.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Each institution for mental disease that, in the preceding year, has admitted a person eligible for regional center services, including those whose placements are not funded by a regional center, shall report quarterly on February 1, May 1, August 1, and November 1, to the department, the regional center providing services to the
person eligible for regional center services, and the contractor for regional center clients’ rights advocacy services under Section 4433, all of the following in a format prescribed by the department:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The total number and age, race, and ethnicity of persons eligible for regional center services placed in that facility.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The number of admissions.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The reasons for admissions by category.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The lengths of stay of
persons eligible for regional center services.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The funding source.
</html:p>
</ns0:Content>
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</ns0:BillSection>
<ns0:BillSection id="id_4564041D-5FC3-4250-AEB4-BE49ACFB854F">
<ns0:Num>SEC. 8.</ns0:Num>
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Section 4418.3 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_FF00D688-ABCA-4ADA-B9CF-1612F9AEB4CE">
<ns0:Num>4418.3.</ns0:Num>
<ns0:LawSectionVersion id="id_0C42789F-23AF-4F7B-976A-F892FE7D7C0B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
It is the intent of the Legislature to ensure that the transition process from a developmental center to a community living arrangement is based upon the individual’s needs, developed through the individual program plan process, and ensures that needed services and supports will be in place at the time the individual moves. It is further the intent of the Legislature that regional centers, developmental centers, and regional resource development projects coordinate with each other for the benefit of their activities in assessment, in the development of individual program plans, and in planning, transition, and deflection, and for the benefit of
persons eligible for regional center services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
As individuals are identified for possible movement to the community, an individual planning meeting shall be initiated by the developmental center, which shall notify the planning team, pursuant to subdivision (j) of Section 4512, and the regional resource development project of the meeting. The regional resource development project shall make services available to the developmental center and the regional center, including, but not limited to, consultations with the planning teams and the identification of services and supports necessary for the person eligible for regional center services to succeed in community living.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The development of the individual program plan shall be consistent with Sections 4646 and 4646.5. For the purpose of this section, the planning team shall include developmental center staff knowledgeable about the service and support needs of the person eligible for regional center services.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Regional resource development project services may include providing information in an understandable form to persons eligible for regional center services and, where appropriate, their
families, conservators, legal guardians, or authorized representatives, that will assist them in making decisions about community living and services and supports. This information may include affording the person eligible for regional center services the opportunity to visit a variety of community living arrangements that could meet their needs. If the visits are not feasible, as determined by the planning team, a family member or other representative of the
person eligible for regional center services
may conduct the visits. Regional resource development projects may be requested to facilitate these visits. The availability of this service shall be made known by the planning team to persons eligible for regional center services and, where appropriate, their families, conservators, legal guardians, or authorized representative.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Once the individual program plan is completed and providers of services and supports are identified and agreed to, pursuant to subdivision (b) of Section 4646.5, and no less than 15 days prior to the move, unless otherwise ordered by a court, a transition conference, which may be facilitated by a regional resource development project, shall be held. Participants in the transition conference shall
include, but not be limited to, the
person eligible for regional center services, where appropriate the parents, legal guardian, conservator, or authorized representative of the person eligible for regional center services, a regional center representative, a developmental center representative, and a representative of each provider of primary services and supports identified in the individual program plan. This meeting may take place in the catchment area to which the
person eligible for regional center services is moving. If necessary, conferees may participate by telephone or video conference. The purpose of this conference shall be to ensure a smooth transition from the developmental center to the community.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The department, through the appropriate regional resource development project, shall provide, in cooperation with regional centers and developmental centers, followup services to help ensure a smooth transition to the community. Followup services shall include, but shall not limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Regularly scheduled as well as on an as-needed basis, contacts and visits with
persons eligible for regional center services
and service providers during the 12 months following the movement date of the person eligible for regional center services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Participation in the development of an individual program plan in accordance with Sections 4646 and 4646.5.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Identification of issues that need resolution.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Arrangement for the provision of developmental center services, including, but not limited to, medication review, crisis services, and behavioral consultation.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
To ascertain that the individual program plan is being implemented, that
planned services are being provided, and that the
person eligible for regional center services and, where appropriate the parents, legal guardian, or conservator of the person eligible for regional center services, are satisfied with the community living arrangement, the regional center shall schedule face-to-face reviews no less than once every 30 days for the first 90 days. Following the first 90 days, and following notification to the department, the regional center may conduct these reviews less often as specified in the individual program plan.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The regional center and the regional resource development project shall coordinate their followup reviews required pursuant to subdivisions (f) and (g) and shall share with each other information obtained during the course of the followup visits.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_503D59B0-065A-4D7E-A66C-9A991BCDC281">
<ns0:Num>SEC. 9.</ns0:Num>
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Section 4418.7 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_0822126B-9C2C-4D5E-9427-CC5BDA286B91">
<ns0:Num>4418.7.</ns0:Num>
<ns0:LawSectionVersion id="id_F03C88A3-949A-4E9A-BA31-C055A640C8E1">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the regional center determines, or is informed by the parents, legal guardian, conservator, or authorized representative of the person eligible for regional center services that the community placement of a person eligible for regional center services is at risk of failing, and that admittance to an
acute crisis home operated by the department is a likelihood, or the regional center is notified by a court of a potential admission to an acute crisis home operated by the department, the regional center shall immediately notify the appropriate regional resource development project, the person eligible for regional center services, the parents, legal guardian, or conservator of the person eligible for regional center services, and the regional center clients’ rights advocate.
For purposes of this section, “acute crisis home operated by the department” means property used to provide Stabilization, Training, Assistance and Reintegration (STAR) services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this section, notification to the clients’ rights advocate for the regional center serving the person eligible for regional center services shall include a copy of the most recent comprehensive assessment or updated assessment, and the time, date, and location of an individual program plan meeting held pursuant to subdivision (b). The regional center shall provide this notice as soon as practicable, but not less than seven calendar days prior to the meeting.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In these cases, the
regional resource development project shall immediately arrange for an assessment of the situation, including, visiting the person eligible for regional center services, if appropriate, determining barriers to successful integration, and recommending the most appropriate means necessary to assist the person eligible for regional center services to remain in the community. The regional center shall request assistance from the statewide specialized resource service pursuant to Section 4418.25, as necessary, in order to determine the most appropriate means necessary to assist the
person eligible for regional center services to remain in the community and shall provide the information obtained from the statewide specialized resource service to the regional resource development project. If, based on the assessment, the regional resource development project determines that additional or different services and supports are necessary, the department shall ensure that the regional center provides those services and supports on an emergency basis. An individual program plan meeting, including the regional resource development project’s representative, if necessary shall be convened as soon as possible to review the emergency services and supports and determine the ongoing needs for services and
supports for the person eligible for regional center services. The regional resource development project shall follow up with the regional center as to the success of the recommended interventions until the living arrangement of the person eligible for regional center services is stable.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the regional resource development project determines, based on the assessment conducted pursuant to subdivision (b), that the person eligible for regional center services
referred to the regional resource development project by the court cannot be safely served in an acute crisis home operated by the department, the department shall notify the court in writing and shall continue to work jointly with the regional center to identify or develop alternative services and supports and implement the alternative services and supports that are identified or developed.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If the regional resource development project, in consultation with the regional center, the person eligible for regional center services, the parents, legal guardian, or conservator of the person eligible for regional center services, when appropriate, determines that admittance to an acute crisis home operated by the department is necessary due to an acute crisis, as defined in paragraph (1) of subdivision (d), and the director of the department or their designee has approved admission, the regional center shall immediately pursue the obtainment of a court order pursuant to Section 6506 for short-term admission and crisis stabilization.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The regional resource development project,
in consultation with the regional center, the
person eligible for regional center services, and, when appropriate, the parents, legal guardian, conservator, or authorized representative of the person eligible for regional center services, shall not make a determination that admittance to an acute crisis home operated by the department is necessary due to an acute crisis, as defined in paragraph (1) of subdivision (d), unless the determination includes a regional center report detailing all considered community-based services and supports, including, but not limited to, a community crisis home certified pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5, a supported living arrangement
pursuant to Section 4689, including rental subsidies described in subdivision (i) of Section 4689, environmental accessibility adaptions or other home modifications, supplemental services and emergency and crisis intervention services described in subdivision (a) of Section 4648, whether rate adjustments are necessary to secure the services and supports considered, and an explanation of why those options could not meet the needs of the person eligible for regional center services at the time of the determination.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For purposes of complying with clause (i), the regional center shall not be required to consider out-of-state placements or mental health facilities, including institutions for mental disease, as described in Part 5
(commencing with Section 5900) of Division 5, that are ineligible for federal Medicaid funding.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of this section, the following terms have the following meanings:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
“Acute crisis” means, as a result of the behavior of the person eligible for regional center services, all of the following are met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
There is imminent risk for substantial harm to the
person eligible for regional center services or others.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The service and support needs of the person eligible for regional center services cannot be met in the community, including with supplemental services, as set forth in subparagraph (F) of paragraph (10) of subdivision (a) of Section 4648, and emergency and crisis intervention services, as set forth in paragraph (11) of subdivision (a) of Section 4648.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Due to serious and potentially life-threatening conditions, the
person eligible for regional center services requires a specialized environment for crisis stabilization.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Containment” has the same meaning as defined in Section 59000 of Title 17 of the California Code of Regulations.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
“Emergency intervention” has the same meaning as defined in Section 59000 of Title 17 of the California Code of Regulations.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
“Person eligible for regional center services” shall have the same meaning as defined in Section 4512.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
“Physical restraint” has the same meaning as defined in Section 59000 of Title 17 of the California Code of Regulations.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
“Prone restraint” has the same meaning as defined in Section 59000 of Title 17 of the California Code of Regulations.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
“Seclusion” has the same meaning as defined in Section 59000 of Title
17 of the California Code of Regulations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of paragraph (1), out-of-state placements or mental health facilities and other facilities, including institutions for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5, for which federal Medicaid funding is not available, shall not be deemed to be supplemental services or emergency and crisis intervention services.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
When an admission occurs due to an acute crisis, all of the following shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
As soon as possible following admission to an acute crisis home operated by the department, a comprehensive assessment shall be completed by the regional center in coordination with the regional resource development project and the acute crisis service staff. The comprehensive assessment shall include the identification of
the services and supports needed for crisis stabilization and the timeline for identifying or developing the services and supports needed to transition the
person eligible for regional center services back to a noncrisis community setting. The regional center shall immediately submit a copy of the comprehensive assessment to the committing court. Immediately following the assessment, and not later than 30 days following admission, the regional center and the acute crisis home operated by the department shall jointly convene an individual program plan meeting to determine the services and supports needed for crisis stabilization and to develop a plan to transition the person eligible for regional center services into community living pursuant to Section 4418.3. The clients’ rights advocate for the regional center shall be notified of the admission and the individual program plan meeting and may participate in the
individual program plan meeting unless the person eligible for regional center services objects on their own behalf.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If transition is not expected within 90 days of admission, an individual program plan meeting shall be held to discuss the status of transition and to determine if the person eligible for regional center services is still in need of crisis stabilization. If crisis services continue to be necessary, the regional center shall submit to the department an updated transition plan and a request for an extension of stay at the acute
crisis home operated by the department of up to 90 days.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A person eligible for regional center services shall reside in an acute crisis home operated by the department no longer than six months before being placed into a community living arrangement pursuant to Section 4418.3, unless, prior to the end of the six months, all of the following have occurred:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The regional center has conducted an additional comprehensive assessment based on information provided by the regional center, and the department determines that the
person eligible for regional center services continues to be in an acute crisis.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The individual program planning team has developed a plan that identifies the specific services and supports necessary to transition the person eligible for regional center services into the community, and the plan includes a timeline to obtain or develop those services and supports.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The committing court has reviewed and, if appropriate, extended the commitment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The clients’ rights advocate for the regional center shall be notified of the proposed extension pursuant to clause (iii)
of subparagraph (A) and the individual program plan meeting to consider the extension, and may participate in the individual program plan meeting unless the person eligible for regional center services objects on their own behalf.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Placement of a person eligible for regional center services at an acute crisis home operated by the department shall not exceed one year unless both of the following occur:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The regional center demonstrates
significant progress toward implementing the plan specified in clause (ii) of subparagraph (A) identifying the specific services and supports necessary to transition the person eligible for regional center services into the community.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Extraordinary circumstances exist beyond the regional center’s control that have prevented the regional center from obtaining those services and supports within the timeline based on the plan.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If both of the circumstances described in subclauses (I) and (II) of clause (i) exist, the regional center may request, and the committing court may grant, an additional extension of the commitment, not to exceed 30 days.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Persons eligible for regional center services placed in the community after admission to an acute crisis home operated by the department pursuant to this section shall be considered to have moved from a developmental center for purposes of Section 4640.6.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The department shall collect data on the outcomes of efforts to assist persons eligible for regional center services who are at risk to remain in the community. The department shall make aggregate data on the
implementation of the requirements of this section available, upon request.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Commencing January 1, 2015, admissions to an acute crisis home operated by the department pursuant to a court order for an acute crisis, as described in this section, shall be limited to a property used to provide STAR services.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Persons eligible for regional center services who are in acute crisis homes may participate in day, work, education, and recreational programs when the individual program plan identifies it is appropriate and consistent with the individual’s treatment plan.
The acute crisis homes shall assist the
person eligible for regional center services with transitioning back to their prior residence, or an alternative community-based residential setting, within the timeframe described in this section.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The department may execute leases, lease-purchases, or leases with the option to purchase for real property necessary for the establishment or maintenance of STAR homes to serve as acute crisis homes operated by the department.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, an acute crisis home operated by the department shall not utilize any of the following interventions:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A prone restraint.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A physical restraint or containment, unless the
person eligible for regional center services presents an imminent risk of serious physical harm to themselves or others that cannot be prevented using a less restrictive technique. An acute crisis home operated by the department shall not utilize an emergency intervention technique that obstructs the respiratory airway or impairs the breathing or respiratory capacity of a person eligible
for regional center services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Seclusion.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The emergency interventions described in Section 85102 of Title 22 of the California Code of Regulations.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Psychotropic or behavior-modifying medications used to control behavior or to restrict a person’s freedom of movement if that medication is not a standard treatment for the person’s individualized medical or psychiatric condition.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_90075DB7-5D53-4070-BECB-BD02CD2D1616">
<ns0:Num>SEC. 10.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4418.8.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4418.8 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_4886346E-9BD5-40C8-B0FC-D159CB042AB8">
<ns0:Num>4418.8.</ns0:Num>
<ns0:LawSectionVersion id="id_1C79AE20-3532-498C-B0B4-AD1141561C6B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
As part of the safety net plan required by Section 4474.16, the department may develop a residential program in the community for adolescents and adults with complex needs. This program shall consist of up to three complex needs homes described in this section. A complex needs home shall not exceed five beds per home and any stay shall not exceed 18 months, except as provided by paragraph (5) of subdivision (e).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the regional center determines, or is informed by the parents, legal guardian, conservator, or authorized
representative of a person eligible for regional center services, that the community placement of a person eligible for regional center services is at risk of failing and that admittance to a complex needs residential home is a likelihood, or the regional center is notified by a court of a potential admission to a complex needs home, the regional center shall immediately notify the appropriate regional resource development project, the person eligible for regional center services, their parents,
legal guardian, or conservator, and the regional center clients’ rights advocate.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For purposes of this section, notification to the clients’ rights advocate for the regional center serving the person eligible for regional center services shall include a copy of the most recent comprehensive assessment or updated assessment and the time, date, and location of the individual program plan meeting to be held pursuant to paragraph (3) of subdivision (b). The regional center shall provide this notice as soon as practicable, but no later than seven calendar days prior to the meeting.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Upon notification by the regional
center, the regional resource development project shall immediately conduct an assessment of the situation that includes all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Visiting the person eligible for regional center services, if appropriate.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Determining barriers to successful community inclusion.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Providing recommendations on the most appropriate means necessary to assist the
person eligible for regional center services to reside in the most inclusive living arrangement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The regional center shall immediately request assistance from the statewide specialized resource service established pursuant to Section 4418.25 in order to determine the most appropriate means necessary to assist the person eligible for regional center services to reside in the most inclusive living arrangement and shall provide the information obtained from the statewide specialized resource service to the regional resource development project. If, based on the assessment required by paragraph (1), the regional resource development project determines that additional or different services and supports are
necessary, the regional center shall provide those services and supports on an emergency basis.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An individual program plan meeting, including the regional resource development project’s representative, if necessary, shall be convened as soon as possible to review the emergency services and supports required by the person eligible for regional center services and to determine the ongoing needs for services and supports of the person eligible for regional center services. The regional resource development
project shall follow up with the regional center as to the success of the recommended interventions until the living arrangement of the person eligible for regional center services is stable.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the regional resource development project determines, based on the assessment conducted pursuant to subdivision (b), that the person eligible for regional center services referred to the regional resource development project by the court cannot be safely served in a complex needs home, the
department shall notify the court of that determination in writing and shall continue to work jointly with the regional center to identify or develop alternative services and supports and implement the alternative services and supports that are identified or developed.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If the regional resource development project, in consultation with the regional center, the person eligible for regional center services, and, when appropriate, their parents, legal guardian, conservator, or authorized representative, determines
that admission to a complex needs home is necessary due to an acute crisis and the director of the department or their designee has approved that admission, the regional center shall immediately pursue a court order for short-term admission and crisis stabilization pursuant to Section 6506.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A determination that admission to a complex needs home is necessary due to an acute crisis shall not be made until the regional center completes a report that includes all of the community-based services and supports considered, including, but not limited to, a community crisis home certified pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5, a supported living arrangement pursuant to Section 4689, including rental subsidies described in subdivision (i) of that section, environmental accessibility adaptions or other home modifications, supplemental services and emergency and crisis intervention services described in
subdivision (a) of Section 4648, whether rate adjustments are necessary to secure the services and supports considered, and the reasons those options will not meet the needs of the person eligible for regional center services.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For purposes for the report described in subparagraph (B), a regional center shall not be required to consider out-of-state placements or mental health facilities, including institutions for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5, that are ineligible for federal Medicaid funding.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, out-of-state placements or mental health facilities and other facilities, including
institutions for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5, for which federal Medicaid funding is not available, shall not be deemed to be supplemental services or emergency and crisis intervention services under subdivision (a) of Section 4648.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
An admission of an adolescent or adult with complex needs to a complex needs home due to an acute crisis shall meet all of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An initial court commitment pursuant to this section shall not exceed six months. As soon as possible following admission to a complex needs home, a comprehensive assessment shall be completed by the regional center in coordination with the regional resource development project and the complex needs service staff. The comprehensive assessment shall include an identification of the services and supports needed for crisis stabilization and the
timeline for identifying or developing the services and supports needed to transition the person eligible for regional center services back to a noncrisis community setting. Upon completion of the assessment, the regional center shall submit a copy of the assessment to the committing court.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Immediately following the assessment, and not later than 30 days following admission, the regional center and the complex needs home shall jointly convene an individual program plan meeting to determine the services and supports needed for crisis
stabilization and to develop a plan to transition the
person eligible for regional center services back to community living pursuant to Section 4418.3. The clients’ rights advocate for the regional center shall be notified of the admission of the person eligible for regional center services and the time, date, and place of the individual program plan meeting and may participate in the meeting unless the person eligible for regional center services
objects on their own behalf.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If transition back to the community is not expected to be achieved within 180 days of admission, an individual program plan meeting shall be held to discuss the status of the transition and to determine if the person eligible for regional center services is still in need of crisis stabilization. If crisis services continue to be necessary, the regional center shall submit to the department an updated transition plan and a request for an extension of the stay of the
person eligible for regional center services at the complex needs home for a period not to exceed 180 days. A person eligible for regional center services may reside in a complex needs home for up to one year, after which the person eligible for regional center services shall transition into a community living arrangement pursuant to Section 4418.3.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Notwithstanding paragraph (3), a
person eligible for regional center services may continue to reside in a complex needs home for a period not to exceed 18 months if all of the following conditions are met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
After an additional comprehensive assessment by the regional center, the department determines that the
person eligible for regional center services requires continued placement in a complex needs home.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
An individual program plan is developed that identifies the specific services and supports necessary for the person eligible for regional center services to transition back into the community and includes a timeline to obtain those supports and services.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The committing court has reviewed and, if appropriate, extended the commitment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The clients’ rights advocate for the regional center shall be notified of any proposed extension under subparagraph (A). The clients’
rights advocate shall also be notified of the time, date, and place of any individual program plan meeting to consider the extension and may participate in the meeting unless the person eligible for regional center services objects on their own behalf.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Notwithstanding paragraph (4), the regional center may request, and the committing court may grant, an additional extension of the commitment of a person eligible for regional center services, not to exceed 90 days, if both of the following conditions are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The regional center has demonstrated significant progress towards implementing the individual program plan required by clause (ii) of subparagraph (A) of paragraph (4).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Extraordinary circumstances exist beyond the regional center’s control that prevent the regional center from obtaining the services and supports required by the person eligible for regional center services according to the timeline included in the individual program plan.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A
person eligible for regional center services who transitions into the community after admission to a complex needs home pursuant to this section shall be considered to have complex needs for purposes of Section 4640.6.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Persons eligible for regional center services with complex needs may participate in day, work, educational, and recreational programs when the individual program plan identifies it is appropriate and consistent with the individual’s treatment plan. The complex needs homes shall assist the person eligible for
regional center services with transitioning back to their prior residence, or an alternative community-based residential setting, within the timeframe described in this section.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department may execute leases, lease-purchases, or leases with the option to purchase for real property necessary for the establishment or maintenance of homes to serve as complex needs homes.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A complex needs home shall not be established or maintained in an existing building on the grounds of a developmental center described in Section 7505 that, at any point prior to June 30, 2023, had been licensed as a skilled nursing facility, intermediate care facility, or general acute care hospital, or was otherwise used for the purpose of the treatment or residential placement of
persons eligible for regional center services.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Acute crisis” means a circumstance that necessitates the admission of a person eligible for regional center services to a complex needs home due to the existence of both of the following conditions:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
There is imminent risk for substantial harm to the person eligible for regional
center services
or others.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Existing services and supports available to the person eligible for regional center services in the community, including supplemental services and emergency and crisis intervention services provided pursuant to subdivision (a) of Section 4648, are insufficient and a more specialized environment for crisis stabilization is required to meet the needs of the person eligible for regional center services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Complex needs” means the concurrent dual
diagnosis of an intellectual or developmental disability and a mental health disorder.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Complex needs home” means a property operated by the department and designated to provide Stabilization, Training, Assistance and Reintegration (STAR) services for complex needs.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Containment” has the same meaning as that term is defined in Section 59000 of Title 17 of the California Code of Regulations.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Emergency intervention” has the same meaning as that term is defined in Section 59000 of Title 17 of the California Code of Regulations.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Person eligible for regional center services” shall have the same meaning as defined in Section 4512.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Prone restraint” has the same meaning as that term is defined in Section 59000 of Title 17 of the California Code of Regulations.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Physical restraint” has the same meaning as that term is defined in Section 59000 of Title 17 of the California Code of Regulations.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
“Seclusion” has the same meaning as that term is defined in Section 59000 of Title 17 of the California Code of Regulations.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, a complex needs home shall not utilize any of the following interventions:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A prone restraint.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A physical restraint or containment procedure, unless the
person eligible for regional center services presents an imminent risk of serious physical harm to themselves or others that cannot be prevented using a less restrictive technique. A complex needs home shall not utilize an emergency intervention technique that obstructs the respiratory airway or impairs the breathing or respiratory capacity of the person eligible for regional center
services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Seclusion.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The emergency interventions described in Section 85102 of Title 22 of the California Code of Regulations.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Psychotropic or behavior-modifying medications used to control behavior or to restrict the person’s freedom of movement if that medication is not a standard treatment for the person’s individualized medical or psychiatric condition.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_12FDBA35-C293-41F3-9EF0-0650B6DD72B4">
<ns0:Num>SEC. 11.</ns0:Num>
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Section 4425 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_3F1656AB-7427-4D71-A92C-E005DE8A949F">
<ns0:Num>4425.</ns0:Num>
<ns0:LawSectionVersion id="id_116714AD-74A4-42C2-8C63-667F7DEF67F3">
<ns0:Content>
<html:p>The department shall keep in its office a record showing the following facts concerning each patient in custody in the several institutions all of the following.</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Name, residence, sex, age, place of birth, occupation, and civil condition.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The date of commitment, and the respective names and residences of all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The person who made the petition for commitment.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The persons who signed the medical certificate.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The judge who made the order of commitment.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The name of the institution in which
they are confined, the date of
their admission thereto, and whether they were brought from their home or from another institution. If they were brought from another institution, the record shall show also the name of that institution, by whom they were brought, and their condition.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If discharged, the date of discharge, to whose care they were committed, and whether recovered, improved, unimproved, or not in need of commitment.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If transferred, for what cause the transfer was made and to what institution.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
If dead,
the date and cause of death.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_8D00E76E-CC95-44E2-9ADE-848EE347B71A">
<ns0:Num>SEC. 12.</ns0:Num>
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Section 4426 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_4D625B3E-142A-4DBA-B59B-74C1DBCC9212">
<ns0:Num>4426.</ns0:Num>
<ns0:LawSectionVersion id="id_97B5B1E4-1942-492C-A238-C48ED5BC859A">
<ns0:Content>
<html:p>The department may inquire into the manner in which a person with an intellectual disability who is subject to commitment, not confined in a state hospital, is cared for and maintained. If, in its judgment, the person is not properly and suitably cared for, the department may apply to a judge of the superior court for an order to commit the person to a state hospital under the provisions of this code. This order shall not be made unless the judge finds, and certifies in the order, that the person is not properly or suitably cared for by
their relatives, legal guardian, or conservator, or that it is dangerous to the public to allow the person to be cared for and maintained by the relatives, legal guardian, or conservator.</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_DFEEE373-8B6A-4AB6-A226-8115294CC398">
<ns0:Num>SEC. 13.</ns0:Num>
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Section 4427.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_DC3E6DF1-907E-46BA-9923-55E594F5895A">
<ns0:Num>4427.5.</ns0:Num>
<ns0:LawSectionVersion id="id_96F55B72-ED34-4AFC-AC38-251879340F2E">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A developmental center or State Department of Developmental Services-operated facility shall immediately, but no later than within two hours of the developmental center or State Department of Developmental Services-operated facility observing, obtaining knowledge of, or suspecting abuse, report the following incidents involving a resident to the local law enforcement agency having jurisdiction over the city or county in which the developmental center or State Department of Developmental Services-operated facility is located, regardless of whether the Office of Protective Services has investigated the facts and circumstances relating to the incident:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A death.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A
sexual assault, as defined in Section 15610.63.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
An assault with a deadly weapon, as described in Section 245 of the Penal Code, by a nonresident of the developmental center or State Department of Developmental Services-operated facility.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
An assault with force likely to produce great bodily injury, as described in Section 245 of the Penal Code.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
An injury to the genitals when the cause of the injury is undetermined.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
A broken bone when the cause of the break is undetermined.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the incident is reported to the law enforcement agency by telephone, a written report of the incident shall also be submitted to the agency, within two working days.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The reporting requirements of this subdivision are in addition to, and do not substitute for, the reporting requirements of mandated reporters, and any other reporting and investigative duties of the developmental center or State Department of Developmental Services-operated facility and the department as required by law.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
This section does not prevent the developmental center or State Department of Developmental Services-operated facility from reporting any other criminal act constituting a danger to the health or safety of the residents of the developmental center or State Department of Developmental Services-operated facility to the local law enforcement agency.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department shall report to the agency described in subdivision (i) of Section 4900 any of the following incidents
involving a resident of a developmental center or State Department of Developmental Services-operated facility:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Any unexpected or suspicious death, regardless of whether the cause is immediately known.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Any allegation of sexual assault, as defined in Section 15610.63, in which the alleged perpetrator is an employee or contractor of a developmental center or State Department of Developmental Services-operated facility.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Any report made to the local law enforcement agency in the jurisdiction in which the facility is located that involves physical abuse, as defined in Section 15610.63, in which a staff member is implicated.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A report pursuant to this subdivision shall be made no later than the close of the first business day following the
discovery of the reportable incident. The report shall include the unique identifier of the person involved, and the name, street address, and telephone number of the facility.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department shall do both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Annually provide written information to every employee of a developmental center or State Department of Developmental Services-operated facility regarding all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The statutory and departmental requirements for mandatory reporting of suspected or known abuse.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The rights and protections afforded to individuals’ reporting of suspected or known abuse.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The penalties for failure to report suspected or known abuse.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The telephone numbers for reporting suspected or known abuse or neglect to designated investigators of the department and to local law enforcement agencies.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
On or before August 1, 2001, in consultation with employee organizations, advocates, persons eligible for regional center services, and family members, develop a poster that encourages staff, residents, and visitors to report suspected or known abuse and provides information on how to make these reports.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A failure to report an incident under
subdivision (a) shall be deemed a class B violation as provided in Section 1424.6 of the Health and Safety Code if the incident occurs in a distinct part long-term health care facility. If the incident occurs in the general acute care hospital or acute psychiatric hospital portion of the developmental center, a failure to report the incident under subdivision (a) shall be subject to a civil penalty specified in Section 1280.4 of the Health and Safety Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_41E59065-9F2B-45CF-B1BD-BB3BE26453D6">
<ns0:Num>SEC. 14.</ns0:Num>
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Section 4433 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_EB0D0B76-5F6A-4E01-9D45-39C56A336012">
<ns0:Num>4433.</ns0:Num>
<ns0:LawSectionVersion id="id_CBB0BABD-CB27-4C8F-8BDC-5622DB63AEE2">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The State of California accepts its responsibility to ensure and uphold the rights of persons with developmental disabilities and an obligation to ensure that laws, regulations, and policies on the rights of persons with developmental disabilities are observed and protected.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Persons with developmental disabilities are vulnerable to abuse, neglect, and deprivations of their rights.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Clients’ rights advocacy services provided by the regional centers, the advocacy services currently provided by the department at the state developmental centers, and the services
provided by the department’s Office of Human Rights may have conflicts of interest or the appearance of a conflict of interest.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The services provided to individuals with developmental disabilities and their families are of such a special and unique nature that they cannot satisfactorily be provided by state agencies or regional centers and must be contracted out pursuant to paragraph (3) of subdivision (b) of Section 19130 of the Government Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
To avoid the potential for a conflict of interest or the appearance of a conflict of interest, beginning January 1, 1998, the department shall contract for clients’ rights advocacy services. The department shall solicit a single statewide contract with a nonprofit agency that results in at least three responsive bids that meet all of the criteria specified in paragraph (2) to perform the services
specified in subdivision (d). If three responsive bids are not received, the department may rebid the contract on a regional basis, not to exceed three regional contracts and one contract for developmental centers and headquarters.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any contractor selected shall meet the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The contractor can demonstrate the capability to provide statewide advocacy services to individuals with developmental disabilities living in developmental centers and in the community.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The contractor does not directly or indirectly provide services to individuals with developmental disabilities, except advocacy services.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The contractor has knowledge of the service system, entitlements, and service rights of persons receiving services from regional
centers and in state hospitals.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The contractor can demonstrate the capability of coordinating services with the protection and advocacy agency specified in Division 4.7 (commencing with Section 4900).
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The contractor has not provided any services, except advocacy services, to, or been employed by, any regional center or the Association of Regional Center Agencies during the two-year period prior to the effective date of the contract.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For the purposes of this section, the Legislature further finds and declares that because of a potential conflict of interest or the appearance of a conflict of interest, the goals and purposes of the regional center clients’ rights advocacy services, the state hospitals, and the services of the Office of Human Rights, cannot be accomplished through the utilization of persons
selected pursuant to the regular civil service system, nor can the services be provided through the department’s contracts with regional centers. Accordingly, contracts into which the department enters pursuant to this section are permitted and authorized by paragraphs (3) and (5) of subdivision (b) of Section 19130 of the Government Code.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The contractor shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Provide clients’ rights advocacy services to persons with developmental disabilities who are eligible for regional center services
and receiving services from regional centers and to individuals who reside in the state developmental centers and hospitals, including ensuring the rights of persons with developmental disabilities, and assisting persons with developmental disabilities in pursuing administrative and legal remedies.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Investigate and take action as appropriate and necessary to resolve complaints from or concerning persons with developmental disabilities residing in licensed health and community care facilities regarding abuse, and unreasonable denial, or punitive withholding, of rights guaranteed under this division.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Provide consultation, technical assistance, supervision and training, and support services for clients’ rights advocates that were previously the responsibility of the Office of Human Rights.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Coordinate the provision of clients’ rights advocacy services in consultation with the department, stakeholder organizations, and persons with developmental disabilities and their families representing California’s multicultural diversity.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Provide at least two self-advocacy trainings for persons eligible for regional center services and family members.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
In order to ensure that individuals with developmental disabilities have access to high quality advocacy services, the contractor shall establish a grievance procedure and shall advise persons receiving services under the contract of the availability of other
advocacy services, including the services provided by the protection and advocacy agency specified in Division 4.7 (commencing with Section 4900).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The department shall contract on a multiyear basis for a contract term of up to five years, subject to the annual appropriation of funds by the Legislature.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall not prohibit the department and the regional centers from advocating for the rights, including the right to generic services, of persons with developmental disabilities.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_057B1E42-8C4B-4AF0-96DB-CC858B91A50F">
<ns0:Num>SEC. 15.</ns0:Num>
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Section 4434 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_5DC30F10-47A9-4C81-B719-7D54FDF1360A">
<ns0:Num>4434.</ns0:Num>
<ns0:LawSectionVersion id="id_3AFC5628-450B-4852-8328-0CA5CF882A5B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding preexisting rights to enforce the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)), it is the intent of the Legislature that the department ensure that the regional centers operate in compliance with federal and state law and regulation and provide services and supports to persons eligible for regional center services in compliance with the principles and specifics of this division.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department shall take all necessary actions to support regional centers to successfully achieve compliance
with this section and provide high quality services and supports to persons eligible for regional center services and their families.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The contract between the department and individual regional centers required by Chapter 5 (commencing with Section 4620) of Division 4.5 shall include a provision requiring each regional center to render services in accordance with applicable provisions of state laws and regulations. In the event that the department finds a regional center has violated this requirement, or when it appears that a regional center
has engaged in, or is about to engage in, any act or practice constituting a violation of any provision of Division 4.5 (commencing with Section 4500) or any regulation adopted thereunder, the department shall promptly take the appropriate steps necessary to ensure compliance with the law, including actions authorized under Section 4632 or 4635. The department, as the director deems appropriate, may pursue other legal or equitable remedies for enforcement of the obligations of regional centers including, but not limited to, seeking specific performance of the contract between the department and the regional center or otherwise act to enforce compliance with Division 4.5 (commencing with Section 4500) or any regulation adopted thereunder.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
As part of its responsibility to monitor regional centers, the department shall collect and review printed materials issued by the regional centers, including, but not limited to, purchase of service
policies and other policies, guidelines, or assessment tools utilized by regional centers when determining the service needs of a
person eligible for regional center services, instructions and training materials for regional center staff, board meeting agendas and minutes, and general policy and notifications provided to all providers and persons eligible for regional center services and families. Within a reasonable period of time, the department shall review new or amended purchase of service policies prior to implementation by the regional center to ensure compliance with statute and regulation. The department shall take appropriate and necessary steps to prevent regional centers from utilizing a policy or guideline that violates any provision of Division 4.5 (commencing with Section 4500) or any regulation adopted thereunder. The department shall confirm that the purchase of service policies
and other policies, guidelines, or assessment tools utilized by regional centers when determining the service needs of a person eligible for regional center services are available to the public, as required by paragraph (5) of subdivision (b) of Section 4629.5.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_C99B05FD-2C8D-42C5-8129-B97E981B4780">
<ns0:Num>SEC. 16.</ns0:Num>
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Section 4435.1 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_D2D44ACA-C5C7-4318-8399-97F1176EE712">
<ns0:Num>4435.1.</ns0:Num>
<ns0:LawSectionVersion id="id_507D9974-4FED-44F3-AB54-93EDF5029687">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
It is the intent of the Legislature to provide more statewide uniformity and consistency and promote equity in the administrative practices and services of regional centers, consistent with the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)), as specified in this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
No later than June 30, 2024, the department shall establish common data definitions that shall be used to promote service access and equity in all regional center services and programs. No later than January 1, 2025, regional centers shall start recording the race and ethnicity and preferred language identified by each individual, subject to paragraph (4), at the time of initial intake, assessment, and the
individual program plan meeting following the individual’s 18th birthday. Individuals have the right to update their demographic information at any time.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The categories for race and ethnicity shall be based on the latest categories adopted by the United States Core Data for Interoperability set forth by the United States Office of the National Coordinator for Health Information Technology.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Preferred language” means the language chosen by the applicant or individual, or, when appropriate, the individual’s parent, legal guardian, conservator, or authorized representative.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
This
section does not compel an individual, their parent, their legal guardian, conservator, or their authorized representative to provide requested information regarding the race, ethnicity, or preferred language of any of those persons.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The data requirements described in this subdivision shall be integrated with the department’s new case management system.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
No later than June 30, 2025, the department shall establish standardized processes, including standardized templates, for assessing
the need for respite services for a person eligible for regional center services. Regional centers shall implement these standardized processes no later than January 1, 2026.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The processes shall include a requirement that the regional center obtain information about respite needs from family members and, when appropriate, from other caregivers. The information obtained from these standardized processes shall be considered by the individual’s individual program planning team.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Regional centers shall make any modifications to
their purchase-of-service policies as necessary for implementation of this subdivision.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
No later than June 30, 2024, the department shall establish a standardized individual program plan template and standardized procedures, including frequency of meetings, that are consistent with person-centered services planning requirements. The template shall be integrated with the department’s new case management system. Regional centers shall implement the standardized individual program plan template and procedures no later than January 1, 2025.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
No later than June 30, 2025, the department shall establish standardized vendorization procedures. These procedures may include, but are not limited to, standardized vendorization forms and requirements to streamline vendorization elements, including when services are provided through more than one regional center. Regional centers shall
implement these standardized vendorization procedures and provide updated vendor lists to the department on a quarterly basis no later than January 1, 2026.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
No later than January 1, 2025, the department shall establish a standardized intake process consistent with the requirements and timelines specified in Section 4642.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
No later than June 30, 2025, and to the extent allowed by current data systems, regional centers shall report to the department, quarterly as described in paragraph (4), the number of assessments and the length of time that it took to determine eligibility.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department shall include all of the following information in its new case management system:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The number of individuals for whom intake
was requested.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The outcome of that intake, including whether an assessment was determined to be necessary.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The length of time that it took to complete the assessment.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The number of notices of action sent pursuant to paragraph (3) of subdivision (a) of Section 4642.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Regional centers shall report the data described in this subdivision to the department on a quarterly basis, based on the criteria specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 4519.5.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The department shall develop the standardized processes specified in this section with input from stakeholders, including
persons eligible for regional center services and families, who reflect the demographic diversity of California, to the extent practicable. In developing the standardized processes specified in this section, the department shall address barriers that may impact access to services.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section through written directives until regulations are effective.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
As part of its quarterly updates to the Legislature pursuant to Section 4474.17, the department shall provide information on the status of implementation of this section.
</html:p>
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<ns0:Num>SEC. 17.</ns0:Num>
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Section 4435.2 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_660047C9-1565-47CB-B1A2-6CED62589F53">
<ns0:Num>4435.2.</ns0:Num>
<ns0:LawSectionVersion id="id_22CF3091-8D62-4F44-8DF0-70BE6B9F611C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
No later than July 1, 2025, the department, with input from stakeholders, including persons eligible for regional center services and families, relevant state agencies, and other entities overseeing benefits or services considered generic services by regional centers, including representatives of the State Department of Education, the Department of Rehabilitation, the State Department of Social Services, and the State Department of Health Care Services, shall provide all of the following information to the Legislature in accordance with Section 9795 of the Government Code:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A definition of generic services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Options to improve coordination of generic services for individuals and families.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A description of regional center efforts to coordinate generic services for individuals and families.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Identified barriers to accessing generic services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department shall explore the feasibility of including the functionality in its new case management system to track utilization of generic services. This functionality shall be used to the extent that data are available.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department shall, with input from stakeholders, including
persons eligible for regional center services and families, evaluate the availability of common services and supports that individuals served by regional centers can access when determined necessary by their individual program planning team or their individualized family service plan team.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department shall evaluate these common services and supports for all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Inconsistencies in the availability of services or supports across the state.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Availability of services or supports based on the preferred language of persons eligible for regional center services.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Recommendations for addressing inconsistencies, including data collection and related infrastructure requirements that may be necessary to analyze service or support use patterns.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
By January 10, 2025, the department shall provide a status update on efforts to complete the evaluation described in this subdivision and a projected date for completing the evaluation.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
As part of its quarterly updates to the Legislature pursuant to Section 4474.17, the department shall provide information on the status of implementation of this section.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_32566162-63C0-479A-89B1-B4BC8CE55BD5">
<ns0:Num>SEC. 18.</ns0:Num>
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Section 4457 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_759A90CC-2C34-4992-9F9F-FF565DEA7D04">
<ns0:Num>4457.</ns0:Num>
<ns0:LawSectionVersion id="id_548E8F52-18AE-4405-A085-71B29E2D26E5">
<ns0:Content>
<html:p>Whenever a trial is had of a person charged with escape or attempt to escape from a state hospital, whenever a hearing is had on the return of a writ of habeas corpus prosecuted by or on behalf of a person confined in a state hospital except in a proceeding to which Section 5110 applies, whenever a hearing is had on a petition under Section 1026.2, subdivision (b) of Section 1026.5, or subdivision (f) of Section 2960 of the Penal Code, or Section 7361 of this code
for the release of a person confined in a state hospital, and whenever a person confined in a state hospital is tried for a crime committed therein, the appropriate financial officer or other designated official of the county in which the trial or hearing is had shall make out a statement of all costs incurred by the county for investigation and other preparation for the trial or hearing, and the actual trial or hearing, all costs of maintaining custody of the patient and transporting them to and from the hospital, and costs of
appeal. The statement shall be properly certified by a judge of the superior court of that county and sent to the Controller for approval. After the court approval, the Controller shall cause the amount of the costs incurred on and after July 1, 1987, to be paid out of the money appropriated by the Legislature, to the county treasurer of the county where the trial or hearing was had.</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_07FE7DEF-91CF-44F0-98A9-6431DD44B441">
<ns0:Num>SEC. 19.</ns0:Num>
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Section 4459 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B3FCB778-5AEA-4B59-96EC-DFBC093ECF8A">
<ns0:Num>4459.</ns0:Num>
<ns0:LawSectionVersion id="id_E9725370-C468-47BB-92C3-F40CEF1AD6DF">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The State Department of Developmental Services shall investigate and examine all nonresident persons judicially committed to any state hospital and shall cause those persons, when found to be nonresidents as defined in this chapter, to be promptly and humanely returned under proper supervision to the state in which they have legal residence. The department may defer
that action by reason of a patient’s medical condition.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For the purpose of facilitating the prompt and humane return of persons pursuant to subdivision (a), the State Department of Developmental Services may enter into reciprocal agreements with the proper boards, commissions, or officers of other states or political subdivision thereof for the mutual
exchange or return of a person judicially committed to any state hospital in one state whose legal residence is in the other, and it may in such reciprocal agreements vary the period of residence as defined in this chapter to meet the requirements or laws of the other states.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The
department may give written permission for the return of any resident of this state confined in a public institution in another state, corresponding to any state home for the developmentally disabled of this state. When a resident is returned to this state pursuant to this chapter, they may be admitted as a voluntary patient to any institution of the department as designated by the Director of Developmental Services.
</html:p>
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<ns0:BillSection id="id_462B4CA5-4692-43CD-91C2-E1C709F21B9F">
<ns0:Num>SEC. 20.</ns0:Num>
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Section 4461 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_CA025A1C-ACB9-4519-B59C-A47CC79C1A0E">
<ns0:Num>4461.</ns0:Num>
<ns0:LawSectionVersion id="id_7E92EDF9-FECB-4E9B-B844-C133A2C47813">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
All expenses incurred in returning persons to other states shall be paid by this state, the person, or their relatives, but the expense of returning residents of this state shall be borne by the state making the returns.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The cost and expense incurred in effecting the transportation of the nonresident persons to the states in which they have residence shall be advanced from the funds appropriated for that purpose or, if necessary, from the money appropriated for the
care of developmentally disabled persons upon vouchers approved by the Department of General Services.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_7688C86A-644E-4B96-B188-27BE09FE64E8">
<ns0:Num>SEC. 21.</ns0:Num>
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Section 4462 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_4EBEA751-6C7F-4A34-91BB-2ED27540B6D1">
<ns0:Num>4462.</ns0:Num>
<ns0:LawSectionVersion id="id_C53AF3F7-2BDA-42F4-99D2-9C63E03DA9F4">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The State Department of Developmental Services, when it deems it necessary, may, under conditions prescribed by the director, transfer any patients of a state institution under its jurisdiction to another such institution. Transfers of patients of state hospitals shall be made in accordance with the provisions of Section 7300.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Transfer of a conservatee shall only be with the consent of the conservator.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The expense of any such transfer shall be paid from the moneys available by law for the support of the department or for the support of the institution from which the patient is transferred. Liability for the care, support, and maintenance of a patient so transferred in the institution to which
they have
been transferred shall be the same as if they had originally been committed to that institution.
</html:p>
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<ns0:BillSection id="id_E8849BAC-FB88-4F3E-B0D0-16F63937A7E9">
<ns0:Num>SEC. 22.</ns0:Num>
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Section 4465 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_E202DA92-849F-42B5-87C7-0B5C1994A6FD">
<ns0:Num>4465.</ns0:Num>
<ns0:LawSectionVersion id="id_3F7A383F-4387-4DAA-9026-40CD3CD34E64">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Director of Developmental Services may deposit any funds of patients in the possession of each hospital administrator of a state hospital in trust with the treasurer pursuant to Section 16305.3, Government Code, or, subject to the approval of the Department of Finance, may deposit the funds in interest-bearing bank accounts or invest and reinvest
the funds in any of the securities described in Article 1 (commencing with Section 16430), Chapter 3, Part 2, Division 1, Title 2 of the Government Code and for the purposes of deposit or investment only may mingle the funds of any patient with the funds of other patients. The hospital administrator with the consent of the patient may deposit the interest or increment on the funds of a patient in the state hospital in a special fund for each state hospital, to be designated the “benefit fund,” of which
they shall be the trustee. The administrator may, with the approval of the Director of Developmental Services, expend the moneys in the fund for the education or entertainment of the patients of the institution.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
On
and after December 1, 1970, the funds of a patient in a state hospital or a patient on leave of absence from a state hospital shall not be deposited in interest-bearing bank accounts or invested and reinvested pursuant to this section except when authorized by the patient. Any interest or increment accruing on the funds of a patient on leave of absence from a state hospital shall be deposited in their account. Any interest or increment accruing on the funds of a patient in a state hospital shall be deposited in
their account, unless the patient authorizes their deposit in the state hospital’s “benefit fund.”
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Any state hospital charges for patient care against the funds of a patient in the possession of a hospital administrator or deposited pursuant to this section and
that are used to pay for that care, shall be stated in an itemized bill to the patient.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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<ns0:BillSection id="id_DAAE750C-96F5-4080-9173-BB2D685DD407">
<ns0:Num>SEC. 23.</ns0:Num>
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Section 4466 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_BBADF17E-6218-477E-AC59-C254B6EB8240">
<ns0:Num>4466.</ns0:Num>
<ns0:LawSectionVersion id="id_FA0BEED7-993B-456B-81F0-5C47CC0AABCE">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
When any patient in any state institution subject to the jurisdiction of the State Department of Developmental Services dies, and any personal funds or property of that patient remains in the hands of the superintendent thereof, and no demand is made upon the
superintendent by the owner of the funds or property or their legally appointed representative, all money and other personal property of the decedent remaining in the custody or possession of the superintendent shall be held by
them
for a period of one year from the date of death of the decedent, for the benefit of the heirs, legatees, or successors in interest of the decedent.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Upon the expiration of
the one-year period, any money remaining unclaimed in the custody or possession of the superintendent shall be delivered to the State Treasurer for deposit in the Unclaimed Property Fund under the provisions of Article 1 (commencing with Section 1440) of Chapter 6 of Title 10 of Part 3 of the Code of Civil Procedure.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Upon the expiration of
the one-year period, all personal property and documents of the decedent, other than cash, remaining unclaimed in the custody or possession of the superintendent, shall be disposed of as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
All deeds, contracts or assignments shall be filed by the superintendent with the public administrator of the county of commitment of the decedent.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
All other personal property shall be sold by the superintendent at public auction, or upon a sealed-bid basis, and the proceeds of the sale delivered by them to the State Treasurer in the same manner as provided with respect to unclaimed money of the decedent. If they deem it expedient to do so, the superintendent may accumulate the property of several
decedents and sell the property in lots, provided that they make a determination as to each decedent’s share of the proceeds.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If any personal property of the decedent is not salable at public auction, or upon a sealed-bid basis, or if it has no intrinsic value, or if its value is not sufficient to justify the deposit of the property in the State Treasury, the superintendent may order it destroyed.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
All other unclaimed personal property of the decedent not disposed of as provided in this subdivision shall be delivered by the superintendent to the State Controller for deposit in the State Treasury under the provisions of Article 1 (commencing with Section 1440) of Chapter 6 of Title 10 of Part 3 of the Code of Civil Procedure.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
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<ns0:BillSection id="id_8773303A-8AF0-49EB-8205-DBAC434145AE">
<ns0:Num>SEC. 24.</ns0:Num>
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Section 4467 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_6BF16253-EB34-43F5-9D52-BCCF22EFC42E">
<ns0:Num>4467.</ns0:Num>
<ns0:LawSectionVersion id="id_10D5ABF6-4EDB-4F27-AC3F-7AF787B5A94D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
When a patient in any state institution subject to the jurisdiction of the State Department of Developmental Services escapes, or is discharged or is on leave of absence from that institution, and any personal funds or property of the
patient remains in the hands of the superintendent thereof, and no demand is made upon the superintendent by the owner of the funds or property or their legally appointed representative, all money and other intangible personal property of the patient, other than deeds, contracts, or assignments, remaining in the custody or possession of the superintendent
shall be held by
them for a period of seven years from the date of escape, discharge, or leave of absence, for the benefit of the patient or their successors in interest, except that unclaimed personal funds or property of minors on leave of absence may be exempted from the provisions of this
section during the period of their minority and for a period of one year thereafter, at the discretion of the Director of Developmental Services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Upon the expiration of the seven-year period, any money and other intangible property, other than deeds, contracts, or assignments, remaining unclaimed in the custody or possession of the superintendent shall be subject to the provisions of Chapter 7
(commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Upon the expiration of one year from the date of escape, discharge, or
parole.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
All deeds, contracts or assignments shall be filed by the superintendent with the public administrator of the county of commitment of the patient.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
All tangible personal property other than money, remaining unclaimed in
their custody or possession, shall be sold by the superintendent at public auction, or upon a sealed-bid basis, and the proceeds of the sale shall be held by
them subject to the provisions of Section 4465 of this code, and subject to the provisions of Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure. If they deem it expedient to do so, the superintendent may accumulate the property of several patients and may sell the property in lots, provided that they make a
determination as to each patient’s share of the proceeds.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If any tangible personal property covered by this section is not salable at public auction or upon a sealed-bid basis, or if it has no intrinsic value, or if its value is not sufficient to justify its retention by the superintendent to be offered for sale at public auction or upon a sealed-bid basis at a later date, the superintendent may order it destroyed.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_0BDC248A-2712-4A9A-8443-E8EEEC28DF1B">
<ns0:Num>SEC. 25.</ns0:Num>
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Section 4474 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_8CABF003-01B7-4912-A47B-D528F410B1CE">
<ns0:Num>4474.</ns0:Num>
<ns0:LawSectionVersion id="id_E94392EC-7F7F-4053-95BA-62F573D2AFD7">
<ns0:Content>
<html:p>Each patient in a state hospital for the developmentally disabled who has resided in the state hospital for a period of at least 30 days shall be paid an amount of aid for their personal and incidental needs that, when added to their income, equals
twelve dollars and fifty cents ($12.50) per month.</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_A10B0615-C932-4BBB-A908-F5B602516B02">
<ns0:Num>SEC. 26.</ns0:Num>
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Section 4474.1 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_2E2DAF76-4C76-4109-ADD6-7A8EAED2D8E6">
<ns0:Num>4474.1.</ns0:Num>
<ns0:LawSectionVersion id="id_46278E41-7BF1-448B-A5BC-7ECCB852082D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
When the State Department of Developmental Services proposes the closure of a state developmental center, the department shall be required to submit a detailed plan to the Legislature not later than April 1 immediately prior to the fiscal year in which the plan is to be implemented, and as a part of the Governor’s proposed budget. A plan submitted to the Legislature pursuant to this section, including any modifications made pursuant to subdivision (b), shall not be implemented without the approval of the Legislature.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A plan submitted on or before April 1
immediately prior to the fiscal year in which the plan is to be implemented may be subsequently modified during the legislative review process.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Prior to submission of the plan to the Legislature, the department shall solicit input from the State Council on Developmental Disabilities, the Association of Regional Center Agencies, the protection and advocacy agency specified in Section 4901, the local regional center, persons eligible for regional center services living in the developmental center, parents, family members, guardians, and conservators of persons living in the developmental centers or their representative organizations, persons with developmental disabilities living in the community, developmental center employees and employee
organizations, community care providers, the affected city and county governments, and business and civic organizations, as may be recommended by local state Senate and Assembly representatives.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Prior to the submission of the plan to the Legislature, the department shall confer with the county in which the developmental center is located, the regional centers served by the developmental center, and other state departments using similar occupational classifications, to develop a program for the placement of staff of the developmental center planned for closure in other developmental centers, as positions become vacant, or in similar positions in programs operated by, or through contract with, the county, regional centers, or other state departments, including, but not limited to, the community state staff program, use of state staff for mobile health and crisis teams in the community, and use of state staff in new state-operated models that
may be developed as a component of the closure plan.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Prior to the submission of the plan to the Legislature, the department shall confer with the county in which the developmental center is located, and shall consider recommendations for the use of the developmental center property.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Prior to the submission of the plan to the Legislature, the department shall hold at least one public hearing in the community in which the developmental center is located, with public comment from that hearing summarized in the plan.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The plan submitted to the Legislature pursuant to this section shall include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A description of the land and buildings at the developmental center.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A description of existing lease arrangements at the developmental center.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A description of resident characteristics, including, but not limited to, age, gender, ethnicity, family involvement, years of developmental center residency, developmental disability, and other factors that will determine service and support needs.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A description of stakeholder input provided pursuant to subdivisions (c), (d), and (e), including a description of local issues, concerns, and recommendations regarding the proposed closure, and alternative uses of the developmental center property.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The impact on residents and their families.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A description of the unique and specialized services provided by the developmental center, including, but not
limited to, crisis facilities, health and dental clinics, and adaptive technology services.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A description of the assessment process and community placement decision process that will ensure necessary services and supports are in place prior to a resident transitioning into the community.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Anticipated alternative placements for residents.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
A description of how the department will transition the client rights advocacy contract provided at the developmental center pursuant to Section 4433 to the community.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
A description of how the well-being of the residents will be monitored during and following their transition into the community.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
The impact on regional center
services.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Where services will be obtained that, upon closure of the developmental center, will no longer be provided by that facility.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
A description of the potential job opportunities for developmental center employees, activities the department will undertake to support employees through the closure process, and other efforts made to mitigate the effect of the closure on employees.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
The fiscal impact of the closure.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
The timeframe in which closure will be accomplished.
</html:p>
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</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_E2222673-743E-4596-B3E1-F18AB6DEF914">
<ns0:Num>SEC. 27.</ns0:Num>
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Section 4474.12 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_9F476609-6766-4C51-84D2-1EC02CFC3950">
<ns0:Num>4474.12.</ns0:Num>
<ns0:LawSectionVersion id="id_98BE9780-8FDF-4C51-91DC-A5E20ED2AD6B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall seek to modify the contract in existence on January 1, 2017, for the conduct of a movers longitudinal study to include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A requirement that at least 250 individuals who meet the following criteria participate in the study:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Volunteered to participate in the study.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Proportionately selected from among individuals who have moved into the community from Sonoma Developmental Center, Fairview Developmental Center, or Porterville Developmental Center.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Proportionately selected from among individuals who have moved
into the community at different stages of the closure process.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A requirement that the study follow a sample of individuals described in paragraph (1) for a two-year period after the individual moves into the community from the developmental center.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A requirement that the study include individuals who move into the community from a developmental center during the first year of the study, and during each subsequent year of the study, until the developmental centers identified in subparagraph (B) of paragraph (1) close.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A requirement that researchers conducting the study meet with each individual participating in the study at intervals of three months, six months, one year, and two years following the person’s move into the community from the developmental center to discuss the individual’s quality of life
and services and supports.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The movers longitudinal study described in this section is one element of the quality assurance instrument required pursuant to Section 4571.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of conducting the study, the department shall maintain and update the addresses of, and contact information for, former residents of the centers who relocated as a result of the closure of the centers.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department shall ensure, to the extent permitted by law, that researchers conducting the study have access to data and other information necessary to conduct the study, including the addresses of, and contact information for, former residents of the centers who relocated due to the closure of the centers.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department shall
annually submit interim reports to the Legislature regarding the study in accordance with the requirements of Section 9795 of the Government Code. The reports shall include information about satisfaction of persons eligible for regional center services and their families, and adequacy of community services. Upon the completion of the study as described in subdivision (a), the department shall submit the study to the Legislature, in accordance with the requirements of Section 9795 of the Government Code.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_BC7C20BD-5180-47D4-A41A-A2BE88FD5B3C">
<ns0:Num>SEC. 28.</ns0:Num>
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Section 4474.16 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_2B709AF1-FF7C-441F-8BFF-472015D06C99">
<ns0:Num>4474.16.</ns0:Num>
<ns0:LawSectionVersion id="id_D8FC2AB3-9172-473D-BD5A-09C7C4F25BC8">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On or before January 10, 2023, and in conjunction with the Governor’s proposed 2023–24 budget, the State Department of Developmental Services shall submit to the Legislature an updated version of the safety net plan that was originally submitted pursuant to subdivision (a) of Section 4474.15.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The updated plan shall be developed in consultation with stakeholders and shall do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Evaluate the progress made to create a safety net, including services or residences intended to facilitate transitions or diversions from institutions for mental disease, the Canyon Springs Community Facility, the secure treatment program at Porterville Developmental
Center, carceral settings such as prisons or jails, or other restrictive settings. This evaluation shall include data on the number of persons eligible for regional center services who transitioned from those facilities since 2019, and to which setting type or living option.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Identify areas the stakeholder community suggests evaluating and recommendations from the stakeholder community, which may include, but is not limited to, best practices for supporting individuals at risk of placement in restrictive settings, expanding or refining existing service or models of care, and developing new models of care for individuals whom private sector vendors cannot or will not serve.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Provide data on the number of adolescents and adults with complex needs, statewide and by regional center, the number of special incidents involving restraints, as described in subparagraph (B) of paragraph (1) of subdivision (b) of Section 54327 of Title 17 of the California Code of Regulations, and the number of admissions to institutions for mental diseases funded by regional centers and to the Canyon Springs Community Facility between January 1, 2020, and December 31, 2021.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The department’s strategic planning process, including how the department identifies service gaps, and how the department plans to address future needs in the community.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Commencing July 1, 2023, and until December 31, 2026, the department shall 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 department’s update to the Legislature pursuant to subdivision (a).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Commencing July 1, 2023, and until December 31, 2026, the department shall make quarterly updates to the plan available on its internet website.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For purposes of this section, “adolescents and adults with complex needs” has the same meaning as a “person eligible for regional center services with complex needs,” as defined in Section 4640.6.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_FF09E328-FE9F-4378-B559-AE859DFF5AEA">
<ns0:Num>SEC. 29.</ns0:Num>
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Section 4474.17 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_8EE7007E-8B4D-45FA-8916-184889408B51">
<ns0:Num>4474.17.</ns0:Num>
<ns0:LawSectionVersion id="id_CC403F86-67AF-4C09-A4EA-4FD3000E2D71">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The Supplemental Report of the 2014–15 Budget Package required the State Department of Developmental Services to provide quarterly briefings to update legislative staff about the closures of developmental centers. Chapter 18 of the Statutes of 2017 expanded the scope of these briefings to include information about the development of community-based crisis services following the developmental center closures. The quarterly briefings have evolved to provide detailed information about the development of the community-based safety net, including information about the physical homes and wrap-around and mobile crisis services intended to prevent, deescalate, and treat
persons eligible for regional center services in crisis.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The quarterly briefings have provided a valuable opportunity for the department and legislative staff to convene and discuss key issues during the developmental center closure process. They have kept legislative staff, and consequently Members of the Legislature, informed about the department’s progress, challenges, and strategies as it transitioned persons eligible for regional center services from a developmental center or an institution into the community and developed a community-based safety net.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The imminent final closure of the developmental centers provides an
opportunity to consider the ongoing purpose of the quarterly briefings. Once the final developmental center closures are complete, the quarterly briefings can provide an avenue for the department and legislative staff to maintain an important ongoing dialogue about key issues facing the developmental services system. The quarterly briefings will allow the department to keep legislative staff informed about its approach to, and progress in, handling various changes in policy and modes of service delivery. This will be especially important as the population of persons eligible for regional center services continues to grow and change and as the system continues to move toward
choice and community integration for persons eligible for regional center services. The disposition of the developmental center properties may continue to be a point of inquiry until that subject comes to a conclusion.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
An important feature of the current briefings has been the department’s willingness to adapt the content over time based on feedback from legislative staff. Mindful of the fact that preparing materials and presentations for these briefings requires department staff resources, the ongoing nature of the quarterly briefings should also remain flexible to both meet the needs of the Legislature and the department’s capacity to prepare for the briefings. Through the briefing discussions themselves, department
leadership and legislative staff should come to an agreement about what data and information should be tracked and provided regularly at each briefing, based on what is feasible for the department to provide and considering the priorities of the Legislature. In addition, the department and legislative staff can regularly discuss the range of issues and level of detail that should be provided at briefings, recognizing that every issue cannot be covered at every briefing and that the relative importance of individual issues will shift over time.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
As the quarterly briefings related to the developmental center closures wind down in the 2019–20 fiscal year, the department and legislative staff could use some of the time in those meetings to discuss and determine the content of the subsequent quarterly briefings. Appreciating that the priorities of the Legislature shift over time, and depending on the department’s capacity, the particular topics
and level of detail provided in the briefings can be discussed and revisited on a regular basis, such as annually.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Commencing with the first planned quarterly briefing after January 1, 2020, the department shall provide information on topics at quarterly briefings with legislative staff of the appropriate policy and fiscal committees of the Legislature addressing some or all of the following, pursuant to the planning discussion described in paragraph (5) of subdivision (a):
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Health and safety of persons eligible for regional center services, including safety net and crisis services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Person-centered approach to planning, coordinating, delivering, and receiving services, including caseload ratio updates, compliance with home- and community-based services rules, competitive integrated employment, and housing supports.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Quality outcomes for persons eligible for regional center services.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Efforts to identify and reduce disparities in regional center services.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Community development through community placement plans and community resource development plans, by
regional center, and difficulties or issues in the provision of services or development of resources.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Implementation of any rate changes pending and being implemented.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Status, efforts, and outcomes related to the department headquarter’s reorganization structure.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Regional center accountability, transparency, and oversight efforts.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Status on the development of Group Homes for Children with Special Health Care Needs, including information on how the needs of persons eligible for regional center services and receiving services from regional centers
are assessed when developing new homes.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Status on the implementation of the provisional eligibility requirement of paragraph (2) of subdivision (a) of Section 4512.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Information pursuant to the provisions of subdivision (d) of Section 7505.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Status on the development of a training curriculum for direct service professionals, pursuant to Section 4511.5.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Most recent data regarding average per capita purchase of service expenditures for all age groups, by ethnicity and other factors, in addition to any other data that will aid in the illustration of progress, toward the active closure of racial, ethnic, and other disparities.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
On an annual basis, status
of the department’s efforts to improve oversight of special incidents, as described in subdivision (b) of Section 54327 of Title 17 of the California Code of Regulations, and respond to special incident trends. This annual status update shall include a summary of the most recent annual report regarding special incidents involving individuals with developmental disabilities served by regional centers.
</html:p>
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</ns0:LawSection>
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<ns0:BillSection id="id_255FD343-AB3D-4349-AF23-9A01C23DCD4C">
<ns0:Num>SEC. 30.</ns0:Num>
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Section 4474.4 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_AE507923-7AED-4A6F-9B70-0EBB811D3792">
<ns0:Num>4474.4.</ns0:Num>
<ns0:LawSectionVersion id="id_D4B136FA-F2B3-44A1-B129-DE2028B7C32F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law to the contrary, the Secretary of California Health and Human Services shall verify that the State Department of Developmental Services and the State Department of Health Care Services have established protocols in place between the departments, as well as with the regional centers and health care plans participating in the Medi-Cal program who will be providing services, including health, dental, and vision care, to people with developmental disabilities transitioning from Agnews
Developmental Center and Lanterman Developmental Center.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Secretary of California Health and Human Services shall provide written verification of the establishment of these protocols to the Joint Legislative Budget Committee, as well as to the fiscal and policy committees of the Legislature that oversee health and human services programs.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The purpose of the protocols is to ensure that a mutual goal of providing appropriate, high-quality care and services to children and adults who have developmental disabilities in order to optimize the health and welfare of each individual. Further, the purpose of the protocols is to ensure that all involved parties, including persons eligible for regional center services, as defined in Section 4512, and families, the state, regional centers, and providers, are clear as to their roles and responsibilities, and are appropriately accountable for optimizing the health and welfare of each individual.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The protocols, at a minimum, shall address enrollment for services, all referral practices, including those to specialty care, authorization practices for services of all involved parties, coordination of case management services, education and training services to be provided, the management of medical records, and provider reimbursement methods. These protocols shall be provided to the
persons eligible for regional center services and their families, and be made available to the public upon request.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
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<ns0:Num>SEC. 31.</ns0:Num>
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Section 4474.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_03CB9E0D-289C-4C18-8A17-52DCA64825F9">
<ns0:Num>4474.5.</ns0:Num>
<ns0:LawSectionVersion id="id_6BB41558-ED26-48CB-95CA-C309C6528045">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
In order to meet the unique medical health needs of persons eligible for regional center services transitioning from Agnews Developmental Center into Alameda, San Mateo, and Santa Clara Counties pursuant to the Plan for the Closure of Agnews Developmental Center, and persons eligible for regional center services transitioning from Lanterman Developmental Center into various health plans in central and southern California
counties pursuant to the Plan for the Closure of Lanterman Developmental Center, whose individual program plans document the need for coordinated medical and specialty care that cannot be met using the traditional Medi-Cal fee-for-service system, services provided under the contract shall be provided by Medi-Cal managed care health plans that are currently operational in these counties. For persons eligible for regional center services transitioning from Agnews Developmental Center, the Medi-Cal managed care health plan shall be a county organized health system or a local initiative if
persons eligible for regional center services, where applicable, choose to enroll. For persons eligible for regional center services transitioning from Lanterman Developmental Center, the Medi-Cal managed care health plan shall be any plan operating in the various counties if persons eligible for regional center services choose to enroll or, where applicable, are enrolled by mandate pursuant to Section 14182. Reimbursement shall be by the State Department of Health Care Services for all Medi-Cal services provided under the contract that are not reimbursed by the
Medicare Program.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Medi-Cal managed care health plans enrolling persons eligible for regional center services transitioning from Agnews Developmental Center as referred to in subdivision (a) shall be further reimbursed for the reasonable cost of administrative services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding subdivision (c), Medi-Cal managed care health plans enrolling persons eligible for regional center services transitioning from Lanterman Developmental Center as
referred to in subdivision (a) shall be paid a full-risk capitation payment.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Administrative services” pursuant to this subdivision include, but are not limited to, coordination of care and case management not provided by a regional center, provider credentialing and contracting, quality oversight, ensuring member access to covered services, consultation with Agnews Developmental Center staff, regional center staff, State Department of Developmental Services staff, contractors, and family members, and
financial management of the program, including claims processing.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Reasonable cost” means the actual cost incurred by the Medi-Cal managed care health plan, including both direct and indirect costs incurred by the Medi-Cal managed care health plan, in the performance of administrative services, but shall not include any incurred costs found by the State Department of Health Care Services to be unnecessary for the efficient delivery of necessary health services.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Payment for administrative services shall continue on a reasonable cost basis until sufficient cost experience exists to allow these costs to be part of an all-inclusive capitation rate covering both administrative services and direct patient care services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Until the State Department of Health Care Services is able to determine by actuarial methods, prospective per capita rates of payment for services for those members who enroll in the Medi-Cal managed care health plans specified in subdivision (a), the State Department of Health Care Services shall reimburse the Medi-Cal managed care health plans for the net reasonable cost of direct patient care services and supplies set forth in the scope of services in the contract between the Medi-Cal managed care health plans and
the State Department of Health Care Services and that are not reimbursed by the Medicare Program. “Net reasonable cost” means the actual cost incurred by the Medi-Cal managed care health plans, as measured by the Medi-Cal managed care health plan’s payments to providers of services and supplies, less payments made to the plans by third parties other than Medicare, and shall not include any incurred cost found to be unnecessary by the State Department of Health Care Services in the efficient delivery of necessary health services. Reimbursement shall be accomplished by the State Department of Health Care Services making estimated payments at reasonable intervals, with these estimates being reconciled to actual net reasonable cost at least semiannually.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The State Department of Health Care Services shall seek any approval necessary for implementation of this section from the federal government, for purposes of federal financial participation
under Title XIX of the Social Security Act (42 U.S.C. Sec. 1396 et seq.). Notwithstanding any other provision of law, subdivisions (a) to (c), inclusive, shall be implemented only to the extent that federal financial participation is available pursuant to necessary federal approvals.
</html:p>
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<ns0:BillSection id="id_B3DDBE23-A43A-4BBA-BC45-AB954FB7E361">
<ns0:Num>SEC. 32.</ns0:Num>
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Section 4474.6 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_A5000885-1133-4A37-B8C8-4008292FEA86">
<ns0:Num>4474.6.</ns0:Num>
<ns0:LawSectionVersion id="id_E5F9CEE6-6710-49A0-98FD-AD9B9C218327">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The State Department of Developmental Services and the State Department of Health Care Services shall coordinate the transition of health care services for persons eligible for regional center services who are also eligible for Medi-Cal and who are transitioning from a developmental center into the community.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In order to meet the unique medical health needs
of persons eligible for regional center services who will be transitioning from a developmental center into the community, whose individual program plans document the need for coordinated medical and specialty care, and who are Medi-Cal eligible, the State Department of Health Care Services shall issue transition requirements, including referral practices, service authorization practices, coordination of case management services, education and training services, and the management and sharing of medical records, to applicable Medi-Cal managed care health plans and monitor compliance. These transition
requirements shall include, but are not limited to, processes for individuals assigned to a Medi-Cal managed care plan that promote coordination of care during and following the transition, identification of providers prior to a transition occurring, and the continuation of medically necessary covered services. These processes shall be described in a transition plan, which will be shared with stakeholders prior to being finalized. The final transition plan shall be submitted to the Joint Legislative Budget Committee no later than December 31, 2016.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may implement, interpret, or make specific this section, in whole or in part, by means of all-county letters, plan letters, plan or provider bulletins, policy letters, or other similar instructions, without taking regulatory action.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The State Department of Health Care Services shall implement this section only to the extent that any necessary federal approvals are obtained and federal financial participation is available.
</html:p>
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</ns0:LawSection>
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<ns0:BillSection id="id_92ACD992-8E5A-4876-8020-EED6CF3F3DAD">
<ns0:Num>SEC. 33.</ns0:Num>
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Section 4475 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_01CFBD09-228E-43E4-B5D0-5F2DA09BC8FE">
<ns0:Num>4475.</ns0:Num>
<ns0:LawSectionVersion id="id_EC2C1CC2-DDC3-43FD-AE81-F88175224487">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Each developmental center under the jurisdiction of the State Department of Developmental Services shall have a developmental center advisory board of eight members appointed by the Governor from a list of nominations submitted by the boards of supervisors of counties within each developmental center’s designated service area. If a state hospital and developmental center provides services for both persons with mental disorders and persons with developmental disabilities, there shall be a separate advisory board for the program provided the persons with mental disorders and a separate board for the program provided the persons with developmental disabilities. To the extent feasible, an advisory board serving a developmental
center for persons with developmental disabilities shall consist of two relatives of persons with developmental disabilities who are residents in that developmental center, three representatives of professional disciplines who are not employees of the state developmental center system, but who are serving persons with developmental disabilities, two representatives of the general public who have demonstrated an interest in services to persons with developmental disabilities, and one current or former resident of a state developmental center.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Each appointment to the advisory board shall be for the term of three years, except that an appointment to fill a vacancy shall be for the unexpired term only. A person shall
not be appointed to serve more than a maximum of two terms as a member of the board.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_3E87B99F-7CCE-46F3-8DF6-16F8C624E135">
<ns0:Num>SEC. 34.</ns0:Num>
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Section 4476 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_6EA4A901-726F-4C01-AFF5-301A25C3E7E3">
<ns0:Num>4476.</ns0:Num>
<ns0:LawSectionVersion id="id_C5F0CCC1-DD8C-49D8-9FFC-2C8BEF7A0EE8">
<ns0:Content>
<html:p>A person shall not be eligible for appointment to a developmental center advisory board if they are a Member of the Legislature or an elective state officer, and if that person becomes a Member of the Legislature or an elective state officer after
their appointment their
office shall be vacated and a new appointment made. If any appointee fails to attend three consecutive regular meetings of the board, unless they are ill or absent from the state, their office becomes vacant, and the board, by resolution, shall so declare, and shall transmit a certified copy of that resolution to the Governor immediately.</html:p>
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<ns0:BillSection id="id_96544FDF-E35F-43FC-B511-CFBE68BB9711">
<ns0:Num>SEC. 35.</ns0:Num>
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Section 4487 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_6B128BDA-AA57-44C3-BB04-89631D44AB44">
<ns0:Num>4487.</ns0:Num>
<ns0:LawSectionVersion id="id_FAE0D5E0-8361-4BE3-8412-482D469CD05E">
<ns0:Content>
<html:p>The hospital director is the chief executive officer of the hospital and is responsible for all hospital operations. If the hospital director is the clinical director, then the hospital administrator is responsible to them. If the hospital director is the hospital administrator, then the clinical director is responsible to them.</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_974944A6-C494-4901-8590-976309EAC036">
<ns0:Num>SEC. 36.</ns0:Num>
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Section 4488 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_342F0664-8823-41A1-AD86-A1CCCF45D577">
<ns0:Num>4488.</ns0:Num>
<ns0:LawSectionVersion id="id_56AE8A17-5919-4540-9330-ACA2A1B08938">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
When a vacancy occurs in a hospital under the jurisdiction of the Director of Developmental Services, they shall appoint, as provided in Section 4481, a clinical director, a hospital administrator, a hospital director, a medical program director, and program directors.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A hospital administrator shall be a college graduate preferably with an advanced degree in hospital, business, or public administration and shall have had experience in this area.
They shall receive a salary which is competitive with other private and public mental hospital administrators.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A clinical director for a state hospital for the developmentally disabled shall be a person who is a physician, psychologist, registered nurse, clinical social worker, physical therapist or psychiatric technician, and licensed as such pursuant to the Business and Professions Code, or a person who is a rehabilitation therapist, or a
person who possesses a valid and unrevoked teaching credential that authorizes specialist instruction in special education in grades kindergarten through 12 or in the community college, or a person who has had at least five years of experience teaching the developmentally disabled. The clinical director for any state hospital shall be well qualified by training or experience to have proven skills in mental hospital program administration.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The
hospital director shall be either the hospital administrator or the clinical director.
They shall be selected based on their overall knowledge of the hospital, its programs, and its relationship to its community, and on their demonstrated abilities to administer a large facility.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The
standards for the professional qualifications of a program director shall be established by the Director of Developmental Services for each patient program. The director shall not adopt any regulations that prohibit a licensed psychiatrist, psychologist, psychiatric technician, or clinical social worker from employment in a patient program in any professional, administrative, or technical position, except that the program director of a medical-surgical unit shall be a licensed physician.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
If the program director is not a physician, a physician shall be available to assume responsibility for all those acts of diagnosis, treatment, or prescribing or ordering of drugs which may only be performed by a licensed physician.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A
medical program director for a state hospital for the developmentally disabled shall be a physician who has passed, or shall pass, an examination for a license to practice medicine in California and who shall be a qualified specialist in a branch of medicine that includes diseases affecting the brain and nervous system, and the care, treatment, and habilitation of persons with developmental disabilities.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_D028F608-0EEC-48AA-8700-27A8D0B8B4E2">
<ns0:Num>SEC. 37.</ns0:Num>
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Section 4500.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_9AC8C2D6-36D9-4E57-A9D0-A195ACAB8831">
<ns0:Num>4500.5.</ns0:Num>
<ns0:LawSectionVersion id="id_B2DD90C6-3163-44BE-AD63-E0746F346E53">
<ns0:Content>
<html:p>The Legislature makes the following findings regarding the State of California’s responsibility to provide services to persons with developmental disabilities, and the right of those individuals to receive services, pursuant to this division:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Since the enactment of this division in 1977, the number of persons eligible for regional center services who receive services under this division has substantially increased and the nature, variety, and types of services necessary to meet the needs of
those persons and their families have also changed. Over the years the concept of service delivery has undergone numerous revisions. Services that were once deemed desirable by persons eligible for regional center services and families may now no longer be appropriate, or the means of service delivery may be outdated.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
As a result of the increased demands for services and changes in the methods in which those services are provided to persons eligible for regional center services
and their families, the value statements and principles contained in this division should be updated.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
It is the intent of the Legislature, in enacting the act that added this section, to update existing law; clarify the role of persons eligible for regional center services and their families in determining service needs; and to describe more fully service options available to persons eligible for regional center services and their families, pursuant to the individual program plan. These provisions do not expand the existing entitlement to services for persons with developmental disabilities set forth in this division.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
It is the intent of the Legislature that the department monitor regional centers so that persons eligible for regional center services and supports under this division receive the services and supports identified in their individual program
plan.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_D3F96D6A-D5D4-4B64-9D42-B66D03804C75">
<ns0:Num>SEC. 38.</ns0:Num>
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Section 4501 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_49D1C4E8-D68C-4862-A9EE-4E3948DE89D0">
<ns0:Num>4501.</ns0:Num>
<ns0:LawSectionVersion id="id_6D502255-9A46-402C-8BCB-CC54216224CF">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The State of California accepts a responsibility for persons with developmental disabilities and an obligation to them which it must discharge. Affecting hundreds of thousands of children and adults directly, and having an important impact on the lives of their families, neighbors, and whole communities, developmental disabilities present social, medical, economic, and legal problems of extreme importance.
</html:p>
<html:p>The complexities of providing services and supports to persons with developmental disabilities requires the coordination of services of many state departments and community agencies to ensure that no gaps occur in communication or provision of services and supports.
A person eligible for regional center services and supports, and where appropriate, their parents, legal guardian, or conservator, shall have a leadership role in service design.</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An array of services and supports should be established
that is sufficiently complete to meet the needs and choices of each person with developmental disabilities, regardless of age or degree of disability, and at each stage of life and to support their integration into the mainstream life of the community. To the maximum extent feasible, services and supports should be available throughout the state to prevent the dislocation of persons with developmental disabilities from their home communities.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Services and supports should be available to enable persons with developmental disabilities to
approximate the pattern of everyday living available to people without disabilities of the same age. Persons eligible for regional center services and supports, and where appropriate, their parents, legal guardian, or conservator, should be empowered to make choices in all life areas. These include promoting opportunities for persons
with developmental disabilities to be integrated into the mainstream of life in their home communities, including supported living and other appropriate community living arrangements. In providing these services, persons eligible for regional center services and their families, when appropriate, should participate in decisions affecting their own lives, including, but not limited to, where and with whom they live, their relationships with people in their community, the way in which they spend their time, including education, employment, and leisure, the pursuit of their own personal future, and program planning and implementation. The contributions made by parents and family members in support of their children and relatives with developmental disabilities are important and those
relationships should also be respected and fostered, to the maximum extent feasible, so that persons eligible for regional center services and their families can build circles of support within the community.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The Legislature finds that the mere existence or the delivery of services and supports is, in itself, insufficient evidence of program effectiveness. It is the intent of the Legislature
that agencies serving persons with developmental disabilities shall produce evidence that their services have resulted in the empowerment of a person eligible for regional center services or their family and in more independent, productive, and normal lives for the persons served. It is further the intent of the Legislature that the Department of Developmental Services, through appropriate and regular monitoring activities, ensure that regional centers meet their statutory, regulatory, and contractual obligations in providing services to persons with developmental disabilities. The Legislature declares its intent to monitor program results through continued legislative oversight and review of requests for appropriations to support developmental disabilities
programs.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_97B08800-CDD9-43B8-A808-2E5E9A764A40">
<ns0:Num>SEC. 39.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4502.1.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4502.1 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_1D63F796-EBF5-4838-BD97-40DAE1EA6BB1">
<ns0:Num>4502.1.</ns0:Num>
<ns0:LawSectionVersion id="id_1B833C7A-52E6-423A-815B-4094165BB0E9">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The right of persons with developmental disabilities to make choices in their own lives requires that all public or private agencies receiving state funds for the purpose of serving persons with developmental disabilities, including, but not limited to, regional centers, shall respect the choices made by a person eligible for regional center services or, if appropriate, the
parents, legal guardian, conservator, or authorized representative of a person eligible for regional center services. Those public or private agencies shall provide persons eligible for regional center services with opportunities to exercise decisionmaking skills in any aspect of day-to-day living and shall provide persons eligible for regional center services with relevant information in
an understandable form to aid
in making
their choice.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A regional center shall provide information in a manner that is culturally and linguistically appropriate for the person eligible for regional center services or, when appropriate, the parents, legal guardian, conservator, or authorized representative of a person eligible for regional center services,
including providing alternative communication services, as required by Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and the regulations implementing that article.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_A0715558-994D-46B1-BB93-FBD57275C216">
<ns0:Num>SEC. 40.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4503.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4503 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_6635D1CB-8066-42FA-AB63-D64B37E669F1">
<ns0:Num>4503.</ns0:Num>
<ns0:LawSectionVersion id="id_12099884-FC29-4F23-93AC-1770DC34C3E0">
<ns0:Content>
<html:p>Each person with developmental disabilities who has been admitted or committed to a state hospital, community care facility as defined in Section 1502 of the Health and Safety Code, or a health facility as defined in Section 1250 of the Health and Safety Code shall have the following rights, a list of which shall be prominently posted in English, Spanish, and other appropriate languages, in all facilities providing those services and otherwise brought to their attention by any additional means as the Director of Developmental Services may designate by regulation:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
To wear
their own clothes, to keep and use their own personal possessions, including their toilet articles, and to keep and be allowed to spend a reasonable sum of their own
money for canteen expenses and small purchases.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
To have access to individual storage space for
their private use.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
To see visitors each day.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
To have reasonable access to telephones, both to make and receive confidential calls.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
To have ready access to letterwriting materials, including stamps, and to mail and receive unopened correspondence.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
To refuse electroconvulsive therapy.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
To refuse behavior modification techniques that cause pain or trauma.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
To refuse
psychosurgery, notwithstanding the provisions of Sections 5325, 5326, and 5326.3. “Psychosurgery” means those operations currently referred to as lobotomy, psychiatric surgery, and behavioral surgery and all other forms of brain surgery if the surgery is performed for any of the following purposes:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Modification or control of thoughts, feelings, actions, or behavior rather than the treatment of a known and diagnosed physical disease of the brain.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Modification of normal brain function or normal brain tissue in order to control thoughts, feelings, action, or behavior.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Treatment of abnormal brain function or abnormal brain tissue in order to modify thoughts, feelings, actions, or behavior when the abnormality is not an established cause for those thoughts, feelings, actions, or behavior.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
To make choices in areas, including, but not limited to,
their daily living routines, choice of companions, leisure and social activities, and program planning and implementation.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Other rights, as specified by regulation.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_60029DB5-772C-4CB1-B7D5-12D91C353B08">
<ns0:Num>SEC. 41.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4504.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4504 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_86EC91E2-BCFA-4865-A554-A8AFB40283C5">
<ns0:Num>4504.</ns0:Num>
<ns0:LawSectionVersion id="id_F36FB07A-F090-43E5-A6A9-98CC62F0B76A">
<ns0:Content>
<html:p>The professional person in charge of the facility or their designee may, for good cause, deny a person any of the rights specified under subdivisions (a), (b), (c), (d), and (e) of Section 4503. To ensure that these rights are denied only for good cause, the Director of Developmental Services shall adopt regulations specifying the conditions under which they may be denied. Denial of a person’s rights shall in all cases be entered into the person’s treatment record and shall be reported to the Director of Developmental Services on a quarterly basis. The content of these records shall enable the Director of Developmental Services to identify individual
treatment records, if necessary, for future analysis and investigation. These reports shall be available, upon request, to Members of the Legislature. Information pertaining to denial of rights contained in the person’s treatment record shall be made available, on request, to the person, their attorney, their parents, their conservator or guardian, the State Department of Developmental Services, and Members of the Legislature.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_DB9FB443-2BAF-4E4C-A3AA-143ACC8CEA53">
<ns0:Num>SEC. 42.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4505.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4505 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_DE617AC7-66A4-4B31-ABFB-84B542002841">
<ns0:Num>4505.</ns0:Num>
<ns0:LawSectionVersion id="id_59183DCF-82C4-4430-884E-F06D4B6C8955">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For the purposes of subdivisions (f) and (g) of Section 4503, if the patient is a minor 15 years of age or older, the right to refuse may be exercised either by the minor or
their parent, guardian, conservator, or other person entitled to their custody.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the patient or
their parent, guardian, conservator, or other person responsible for their custody does not refuse the forms of treatment or behavior modification described in subdivisions (f) and (g) of Section 4503, that treatment and behavior modification may be provided only after review and approval by a peer review committee. The Director of Developmental Services shall, by March 1, 1977, adopt
regulations establishing peer review procedures for this purpose.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_152C2425-9D13-4EC9-96C2-59CFAC592AEE">
<ns0:Num>SEC. 43.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.4.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4506.2.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4506.2 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_33086DE4-20C6-464E-952B-40226C660718">
<ns0:Num>4506.2.</ns0:Num>
<ns0:LawSectionVersion id="id_0FA3EE49-0B43-48E1-82BF-EE2988897B5E">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Director of Developmental Services, in consultation with, and after receiving a list of possible nominees from, a committee of at least five interested individuals that are described in this subdivision, and after obtaining the committee’s input, shall appoint an ombudsperson who is qualified by training and experience to perform the duties of the office for a term of four years. The director shall select the committee members, the majority of whom shall be representatives of advocacy organizations and persons eligible for regional center services or family members. If, after 90 days, the committee does not provide
input, the director may make the appointment. The 90 days begins after the director seeks input from the committee. The director may reappoint the ombudsperson for consecutive terms.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The ombudsperson shall, in the performance of their duties during the duration of their appointment, be independent, and the exercise of their discretion related to the duties and powers set forth in this chapter shall not be controlled, supervised, or directed, directly or indirectly, by the director or any other official. The ombudsperson shall devote their entire time to the duties and powers set forth in this chapter and may not be removed from office for exercising their independence and discretion in furtherance of those duties and powers.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If the term of an ombudsperson expires without the appointment of a successor under this chapter, the incumbent ombudsperson may continue in office
until a successor is appointed. If the ombudsperson dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the director shall designate an acting ombudsperson until the ombudsperson is appointed. The director shall appoint a new ombudsperson pursuant to this section within a reasonable period from the date the office became vacant. The acting ombudsperson shall not remain in office longer than a reasonable period before a new ombudsperson is appointed pursuant to this section. If, after six months, the position remains vacant, the director shall provide an update at the next legislative briefing pursuant to Section 4474.17.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_0C7D57B9-F9CD-48DF-A6AC-BD05F65D868A">
<ns0:Num>SEC. 44.</ns0:Num>
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Section 4506.4 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_9564A62B-D948-4851-9338-02EDADE817DC">
<ns0:Num>4506.4.</ns0:Num>
<ns0:LawSectionVersion id="id_AAF5BE29-3D3D-4298-A373-CB1DD66C990D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Office of the Developmental Services Ombudsperson shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Disseminate information and provide training and technical assistance to individuals served by a regional center, family members, regional center staff, tribes, advocacy groups, service provider organizations, and other interested parties on the rights of persons with developmental disabilities and services provided by the office. The information shall include methods of contacting the office and notification that conversations with the office may be disclosed to other persons, as necessary, to adequately investigate and resolve a complaint. The information and training shall include information about the rights of persons with developmental
disabilities under this division, including the rights specified in Chapter 1.3 (commencing with Section 4502) and the Self-Determination Program under Section 4685.8.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Commencing on January 1, 2028, at the end of every two-year legislative session, review amendments to the laws applicable to individuals served by a regional center and recommend to the department any updates to materials published by the department. The department, if workload capacity allows using existing resources, shall update those documents to the best of its ability after receiving recommendations from the ombudsperson.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Receive complaints made by or on behalf of individuals served by a regional center related to their care, placement, or services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Decide, in its discretion, whether to investigate a complaint, or refer complaints to
another agency for investigation. After rendering a decision to investigate a complaint, attempt to resolve the complaint without using a judicial or administrative proceeding, including attempting to facilitate solutions to disagreements about eligibility and services.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Upon rendering a decision to investigate a complaint from a complainant, notify the complainant of the intention to investigate. If the office declines to investigate a complaint or continue an investigation, the office shall notify the complainant of the reason for the action of the office.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Update the complainant on the progress of the investigation and the attempts to resolve the complaint, and notify the complainant of the final outcome.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Compile and make available data to the Legislature in their quarterly
legislative updates. This data shall include, but is not limited to, the number of contacts to the office, the number of contacts specific to the Self-Determination Program, the number of complaints made and the modality of the submission of those complaints, the number of investigations performed by the office, the trends and issues that arose in the course of resolving complaints, the number of referrals made, and the number of unresolved contacts. The office shall include recommendations consistent with this data for improving the developmental services system.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
It is the intent of the Legislature that representatives of the organizations described in subparagraph (B) consider this data in the development of any recommendations offered toward improving the developmental services system.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The deidentified compiled data shall be posted so that it is available to the public
on the existing internet website of the office.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Nothing shall preclude the office from issuing data, findings, or reports other than the annual compilation of data described in this paragraph.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Have access to copies of any record of a state agency, local agency, or regional center, and contractors or vendors with the state agency, local agencies, and regional centers that is necessary to carry out their responsibilities, and may meet or communicate with an individual served by a regional center in their placement or elsewhere.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The office may present the data compiled under subparagraph (A) of paragraph (6) of subdivision (a) on an annual basis at appropriate conferences, forums, and other events, as determined by the ombudsperson, that may include presentations to, but are not limited to, representatives
of the Legislature, the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes, developmental services organizations, advocacy groups, organizations for persons eligible for regional center services and service provider organizations, and other interested parties.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Information obtained by the office from a complaint, regardless of whether it is investigated by the office, referred to another entity for investigation, or determined not to be the proper subject of an investigation, shall remain confidential under relevant state and federal confidentiality laws. Disclosure of information that is not confidential under state and federal confidentiality laws shall occur only as
necessary to carry out the mission of the office, including as necessary to provide explanation and support for the office’s recommendations for improving the developmental services system to the Legislature and state and local agencies that provide services and supports to an individual served by a regional center.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The ombudsperson shall maintain confidentiality with respect to the identities of the complainants or witnesses coming before them, except insofar as disclosure may be necessary to enable the ombudsperson to carry out the duties of the office set forth in paragraphs (2) to (5), inclusive, of subdivision (a). The ombudsperson may not disclose a record that is confidential under relevant state and federal confidentiality laws, except as authorized by law.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If an individual served by a regional center is represented by a conservator, legal guardian, or counsel, the
office may notify the conservator, legal guardian, or counsel of a complaint in order for those entities to satisfy their obligations specified in this division. Notifying these entities of an investigation shall not limit the ombudsperson’s ability to investigate or resolve a complaint or take any other action authorized by this section. If appropriate, the office may also share the outcome of any investigation performed by the office with the conservator, legal guardian, or
counsel of the person who is eligible for regional center services.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_EEFBB489-D145-4E68-BB5E-7083B1C1C657">
<ns0:Num>SEC. 45.</ns0:Num>
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Section 4506.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_9CAD6771-CB1A-41AC-B272-59A3FE6A2282">
<ns0:Num>4506.5.</ns0:Num>
<ns0:LawSectionVersion id="id_2CC99FDB-E1BA-4125-B10B-A0F22047C4F6">
<ns0:Content>
<html:p>As part of the office’s efforts to resolve complaints related to the developmental services system, the ombudsperson may do all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Establish policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Develop and maintain a page on the department’s internet website with information about the office, how to access the office, including via an online portal to submit questions and complaints, general information about this division and regional centers, and links to relevant materials.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Conduct whatever investigation reasonably related to the complaint and to developmental
services that the ombudsperson deems necessary, including, but not limited to, both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Access to, and inspection of, premises within the control of a state agency, local agency, or a regional center, or a contractor or vendor with a state agency, local agency, or regional center, and access to, and inspection of, a licensed or approved residential facility, at any time, with or without prior notice, for the purpose of carrying out the duties of the office. The ombudsperson shall be granted access to records and individuals served by a regional center at all times for the purpose of carrying out the duties of the office.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
For purposes of this section, “access” means the right to do all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Enter any licensed or approved developmental services residential facility, upon providing
identification. A private home may be entered only with consent of the individual served by a regional center or their legal representative.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Communicate privately and without restriction with any individual served by a regional center, caregiver, staff, personnel, or volunteer.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Review and copy any record of an individual served by a regional center or caregiver file.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Observe all resident and staff areas of a facility.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Review and reproduce administrative records, policies, and documents of any licensed or approved developmental services care facility.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
Review and copy all licensing records maintained by the state, county, or agency, and review and reproduce any
records of a state, county, or local agency and their contractors, except sealed court records, which may be obtained only by subpoena or other lawful court order.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
Interview all relevant witnesses.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of this section, “record” means a document, paper, memorandum, book, letter, file, drawing, map, plat, photo, photographic file, motion picture, film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, or other item developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege, unless the holder of the privilege, without coercion, previously disclosed a significant part of the material or consents to disclose the material to the ombudsperson, as provided in Section 912 of the Evidence Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Observe proceedings and attend hearings, consistent with this division.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Attempt to resolve the complaint.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Submit a written plan to the relevant state agency, local agency, or regional center, or a contractor or vendor with the state agency, local agency, or regional center, recommending a course of action to resolve the complaint. If the ombudsperson makes a written recommendation, the state agency, regional center, or vendor or contractor, shall submit a written response to the ombudsperson within 30 calendar days.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Periodically convene a focus group to advise the office in the performance of its duties described in this chapter. The focus group shall include, but not be limited to,
persons eligible for regional center services and families across different geographic regions of the state, representatives of diverse racial and ethnic backgrounds, ages, and disabilities, and representatives of regional centers, service providers, and advocacy and community-based organizations.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Recommend to the department any changes to laws, regulations, policies, or communications, including, but not limited to, forms and other actions.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_BA4483DE-F480-4526-BF46-3878006C2A99">
<ns0:Num>SEC. 46.</ns0:Num>
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Section 4506.7 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_81DFE7AA-495D-4A1B-AB7A-3E0A5CF74C67">
<ns0:Num>4506.7.</ns0:Num>
<ns0:LawSectionVersion id="id_8E21B7A1-83C1-4D02-A596-B8A0ADB1E836">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The office shall establish a toll-free number.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Regional center case managers shall provide persons eligible for regional center services, and, if appropriate, their parents, legal guardians, conservator, or authorized representative, with the toll-free telephone number for the office and verbal or written information regarding the existence and purpose of the office during the annual individualized program plan or individual family service plan meetings.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_A829BF80-97E0-4963-BEC9-6A57138F0425">
<ns0:Num>SEC. 47.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4511.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4511 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_5E8011AD-4CDA-4B44-ADF0-0F2CBA81D341">
<ns0:Num>4511.</ns0:Num>
<ns0:LawSectionVersion id="id_92D0EA97-55D2-4436-AD45-A4DA91AA29FF">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares that meeting the needs and honoring the choices of persons with developmental disabilities and their families requires information, skills and coordination and collaboration between persons eligible for regional center services, families, regional centers, advocates and service and support providers.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Legislature further finds and declares that innovative and ongoing training opportunities can enhance the information and skills necessary and foster improved coordination and cooperation between system participants.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department shall be responsible, subject to the availability of fiscal and personnel resources, for securing, providing, and coordinating training to assist persons eligible for regional center services and their families, regional centers, and services and support providers in acquiring the skills, knowledge, and competencies to achieve the purposes of this division.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This training may include health and safety issues; person-centered planning; rights for persons eligible for
regional center services and their families; building circles of support; training and review protocols for the use of psychotropic and other medications; crime prevention; life quality assessment and outcomes; maximizing inclusive opportunities in the community; how to communicate effectively with persons eligible for regional center services; and developing opportunities for decisionmaking.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Whenever possible, the department shall utilize existing training tools and expertise.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Each training module shall include an evaluation component.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The department shall establish an advisory
group, consisting of persons eligible for regional center services,
family members, regional centers, service providers, advocates and legislative representatives. The advisory group shall make recommendations for training subjects, review the design of training modules, and assess training outcomes.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B64CBE3E-189F-45C6-8292-D701D1B86F5F">
<ns0:Num>SEC. 48.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4511.1.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4511.1 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_E76B535F-29E8-4A49-9C73-4E810EAB4680">
<ns0:Num>4511.1.</ns0:Num>
<ns0:LawSectionVersion id="id_31EDB3DD-F987-4286-A8DE-0949D779D200">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Supporting service access and equity for persons with developmental disabilities and their families requires awareness, skill development, and training for regional center personnel.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Ongoing implicit bias training enhances service access and equity in the developmental disabilities system.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department shall require regional centers to implement implicit bias training through its contracts pursuant to Section 4640.6 and shall establish course content and training frequency requirements for that training.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
All the regional center personnel shall comply with the implicit bias training requirements of paragraph (9) of subdivision (g) of Section 4640.6 and this section. This section shall additionally apply to regional center contractors involved in intake and assessment and eligibility determinations. The department shall specify the timelines by which training must be completed. Training shall be prioritized for regional center employees and contractors who are involved in eligibility determination or directly assist individuals and their families, or both, during the regional center intake and assessment processes, service coordination, and regional center employees who are involved in developing and implementing purchase of service policies and other policies, guidelines, instructions, or training materials utilized by regional centers when determining the service needs of
persons eligible for regional center services.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The training described by this section may be procured either by the department or by a regional center that has obtained prior approval by the department. Each regional center and its contractors shall retain the training record of employees in their respective personnel files. Regional centers shall annually inform the department of the percentage of its contractors and regional center personnel, identified by job classification, who successfully have completed the training. A list and description of trainings procured by the department, or a regional center with approval by the department, shall be posted on the department’s internet website.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department or regional center shall make reasonable efforts to procure training that considers all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Trainers who are representative of the diversity of persons served by regional centers.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Academic training in implicit bias or experience educating public benefit programs about implicit bias and its effects on people accessing and interacting with public benefit programs.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The impact of implicit bias, explicit bias, and systemic bias on public benefit programs and the effect this can have on individuals seeking eligibility for and services through public benefit programs.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Actionable steps trainees can take to recognize and address their own implicit biases.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The training provided by the department and required by this section shall only be implemented subject to an
appropriation by the Legislature for those purposes. It is the intent of the Legislature that regional centers continue to implement implicit bias training to the extent they are able to, in the absence of a state appropriation.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_0453BC33-B5B7-49D1-9720-86CA7CB2D2BA">
<ns0:Num>SEC. 49.</ns0:Num>
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Section 4511.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_451AB69E-4A63-4819-A44D-024C80271091">
<ns0:Num>4511.5.</ns0:Num>
<ns0:LawSectionVersion id="id_668EB06D-4CD6-4CAF-8804-BB42A0FA1A4C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Direct service professionals are critical to the provision of services and supports to individuals with intellectual and developmental disabilities.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In recognition of the value of the services provided by direct service professionals, additional training and development will enhance the services they provide and foster a more sustainable workforce.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
With input from stakeholders pursuant to subdivision (c), the department shall develop or utilize existing curriculum to implement enhanced direct service professional training that promotes
services that are person centered and culturally and linguistically sensitive, and that improve outcomes for individuals with intellectual and developmental disabilities.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
It is the intent of the Legislature to enhance the quality of services that persons eligible for regional center services receive from their direct service professionals, including, but not limited to, improving direct service professional knowledge about general health and safety issues, employing principles of self-determination in order to promote dignity of the recipient and the provider, and working to improve quality of services and quality of life, including advancing health equity for
persons eligible for regional center services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The training described in paragraph (1) in shall include, but is not limited to, all of the following elements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Competency based.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Tiered training and certification.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Continuing education.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Outcome measures, as defined by the department, with input from stakeholders pursuant to subdivision (c).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department shall consult with stakeholders throughout the implementation of this section. This consultation shall include facilitation of a process for providing input and comments on
implementation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Stakeholders may include, but are not limited to, the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Persons eligible for regional center services and families across different geographic regions of the state and from diverse racial and ethnic backgrounds and diverse age groups and disabilities.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Regional center representatives.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Service providers representing a diverse range of service types and models.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Implementation of this section is subject to an appropriation of funds for this purpose in the annual Budget Act.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_15C599EE-05BC-4685-B193-B1463AA8FF80">
<ns0:Num>SEC. 50.</ns0:Num>
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Section 4511.6 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_C25E9DF7-F0BD-4EFC-A489-793527B0386C">
<ns0:Num>4511.6.</ns0:Num>
<ns0:LawSectionVersion id="id_2F748BD3-18DB-4CC0-ADE7-483216548C46">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall develop a pilot project to test the feasibility of remote services and supports for persons eligible for regional center services that use technology solutions.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
It is the intent of the Legislature to test whether remote services and supports could provide an effective option for persons eligible for regional center services
to lead more independent lives, increase their access to bilingual services, and, when chosen and safe, reduce system reliance on one-to-one in-person direct support.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department shall pilot remote services and supports as specified in subdivision (d).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
In choosing persons eligible for regional center services to pilot remote services and supports, the department shall consider the person’s preference, the type and amount of services or supports and staffing
needed to meet the
person’s individual program plan, and the person’s individualized choices and their unique health, safety, and other needs. Persons eligible for regional center services chosen for the pilot project shall represent diverse cultural and ethnic backgrounds, ages, and urban and rural regions of the state.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department shall work with an external entity with relevant program evaluation experience to both design and evaluate the pilot project.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Providers shall be selected to participate in the pilot project by no later than March 1, 2023.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The department shall report to the Legislature at quarterly briefings for legislative staff about the progress of the pilot project. Reporting shall include summaries of the relevant data collected by service providers and regional centers.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The department shall submit a final evaluation report of the pilot project to the Legislature, in accordance with Section 9795 of the Government Code, no later than January 10, 2026.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Contracts to procure services to implement this section shall be exempt from the requirements contained in the Public Contract Code and the State Administrative Manual and from approval by the Department of General Services.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Implementation of this section shall be subject to an appropriation by the Legislature for the purpose of this section.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_AE9189DA-0279-417E-BBCB-234DE898D575">
<ns0:Num>SEC. 51.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4512.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4512 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_D50051F0-7251-4714-A985-725A6966DE94">
<ns0:Num>4512.</ns0:Num>
<ns0:LawSectionVersion id="id_526EF637-E785-49ED-8F97-A1967A6EF278">
<ns0:Content>
<html:p>As used in this division:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Developmental disability” means a disability that originates before an individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for that individual. As defined by the Director of Developmental Services, in consultation with the Superintendent of Public Instruction, this term shall include intellectual disability, cerebral palsy, epilepsy, and autism. This term shall also include disabling conditions found to be closely related to intellectual disability or to require treatment similar to that required for individuals with an intellectual disability, but shall not include other handicapping conditions that are solely physical in nature.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A child who is under five years of age shall be provisionally eligible for regional center services if the child has a disability that is not solely physical in nature and has significant functional limitations in at least two of the following areas of major life activity, as determined by a regional center and as appropriate to the age of the child:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Self-care.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Receptive and expressive language.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Learning.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Mobility.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Self-direction.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
To be provisionally eligible, a child is not required to have one of the
developmental disabilities listed in paragraph (1).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
An infant or toddler referred for early intervention services from the regional center pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) may be concurrently assessed, if appropriate, to determine whether the infant or toddler is provisionally eligible for regional center services under paragraph (2) or eligible for regional center services under paragraph (1).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the regional center determines that the infant or toddler qualifies for early intervention services from the regional center pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) but has not been found to have a developmental disability as defined in paragraph (1) or to be provisionally
eligible as defined in paragraph (2), the regional center shall assess the child at least 90 days prior to the date that they turn three years of age for purposes of determining their eligibility for regional center services under this section. If the regional center determines the child is not eligible, the regional center shall give adequate notice pursuant to Section 4701.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A child who is provisionally eligible pursuant to paragraph (2) shall be reassessed at least 90 days before turning five years of age. The child shall meet the definition set forth in paragraph (1) to continue to be eligible for regional center services at five years of age.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Regional center services for a child who was provisionally eligible pursuant to paragraph (2) and who does not meet the definition in paragraph (1) shall end when the child is five years of age unless an appeal was filed pursuant
to Section 4715.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Services and supports for persons with developmental disabilities” or “services and supports” means specialized services and supports or special adaptations of generic services and supports directed toward the alleviation of a developmental disability or toward the social, personal, physical, or economic habilitation or rehabilitation of an individual with a developmental disability, or toward the achievement and maintenance of an independent, productive, and normal life. The determination of which services and supports are necessary for each
person eligible for regional center services shall be made through the individual program plan process. The determination shall be made on the basis of the needs and preferences of the
person eligible for regional center services or, when appropriate, their family, and shall include consideration of a range of service options proposed by individual program plan participants, the effectiveness of each option in meeting the goals stated in the individual program plan, and the cost-effectiveness of each option. Services and supports listed in the individual program plan may include, but are not limited to, diagnosis, evaluation, treatment, personal care, daycare, domiciliary care, special living arrangements, physical, occupational, and speech therapy, training, education, supported and sheltered employment, mental health services, recreation, counseling of the individual with a developmental disability and of the individual’s family, protective and other social and sociolegal services, information and referral services, follow-along services, adaptive equipment and supplies, advocacy assistance, including self-advocacy training, facilitation and
peer advocates, assessment, assistance in locating a home, childcare, behavior training and behavior modification programs, camping, community integration services, community support, daily living skills training, emergency and crisis intervention, facilitating circles of support, habilitation, homemaker services, infant stimulation programs, paid roommates, paid neighbors, respite, short-term out-of-home care, social skills training, specialized medical and dental care, telehealth services and supports as described in Section 2290.5 of the Business and Professions Code, supported living arrangements, technical and financial assistance, travel training, training for parents of children with developmental disabilities, training for parents with developmental disabilities, vouchers, and transportation services
necessary to ensure delivery of services to persons with developmental disabilities. This subdivision does not expand or authorize a new or different service or support for any
person eligible for regional center services unless that service or support is contained in the individual program plan of a person eligible for regional center services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding subdivisions (a) and (b), for any organization or agency receiving federal financial participation under the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, Chapter 144 (commencing with Section 15001) of Title 42 of the United States Code, as amended, “developmental disability” and “services and supports for persons with developmental disabilities” mean
the terms as defined in the federal act to the extent required by federal law.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Person eligible for regional center services” means a person who has a disability that meets the definition of developmental disability set forth in subdivision (a).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Natural supports” means personal associations and relationships typically developed in the community that enhance the quality and security of life for people, including, but not limited to, family relationships, friendships reflecting the diversity of the neighborhood and the community, associations with fellow students or employees in regular classrooms and workplaces, and associations developed through participation in clubs,
organizations, and other civic activities.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Circle of support” means a committed group of community members, who may include family members, meeting regularly with an individual with developmental disabilities in order to share experiences, promote autonomy and community involvement, and assist the individual in establishing and maintaining natural supports. A circle of support generally includes a plurality of members who neither provide nor receive services or supports for persons with developmental disabilities and who do not receive payment for participation in the circle of support.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Facilitation” means the use of modified or adapted materials, special instructions, equipment, or personal assistance by an individual, such as assistance with communications, that will enable a
person eligible for regional center services to understand and participate to the maximum extent possible in the decisions and choices that affect the individual’s life.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
“Family support services” means services and supports that are provided to a child with developmental disabilities or the child’s family and that contribute to the ability of the family to reside together.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Voucher” means any authorized alternative form of service delivery in which the person eligible for regional center services or family member is provided with a payment, coupon, chit, or other form of authorization that enables the
persons eligible for regional center services or family member to choose a particular service provider.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
“Planning team” means the individual with developmental disabilities, the parents or legally appointed guardian of a person eligible for regional center services who is a minor or the legally appointed conservator of a person eligible for regional center services who is an adult, the authorized representative, including those appointed pursuant to subdivision (a) of Section 4541, one or
more regional center representatives, including the designated regional center service coordinator pursuant to subdivision (b) of Section 4640.7, any individual, including a service provider, invited by the
person eligible for regional center services, the parents or legally appointed guardian of a person eligible for regional center services who is a minor or the legally appointed conservator of a person eligible for regional center services who is an adult, or the authorized representative, including those appointed pursuant to subdivision (a) of Section 4541, and including a minor’s, dependent’s, or ward’s court-appointed developmental services decisionmaker appointed pursuant to Section 319, 361, or 726.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
“Stakeholder organizations” means statewide organizations representing the interests of persons eligible for regional center services, family members, service providers, and statewide advocacy organizations.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Substantial disability” means the existence of significant functional limitations in three or more of the following areas of major life activity, as determined by a regional center, and as appropriate to the age of the person:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Self-care.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Receptive and expressive language.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Learning.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Mobility.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Self-direction.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Capacity for independent living.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Economic self-sufficiency.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A reassessment of substantial disability for purposes of continuing eligibility shall utilize the same criteria under which the individual was originally made eligible.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
“Native language” means the language normally used or the preferred language identified by the individual and, when appropriate, the individual’s parent, legal guardian or conservator, or authorized representative.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
“Authorized representative” means an
individual appointed by the State Council on Developmental Disabilities pursuant to subdivision (a) of Section 4541 or who is an authorized representative, as defined in Section 4701.
</html:p>
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<ns0:Num>SEC. 52.</ns0:Num>
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Section 4513 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_80988D07-4442-4F9C-9F2D-5F1FF12461A5">
<ns0:Num>4513.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Whenever the department allocates funds to a regional center through a request for proposal process to implement special projects funded through the Budget Act, the department shall require that the regional center demonstrate community support for the proposal.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In awarding funds to regional centers to implement these proposals, the department shall consider, among other indicators, the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The demonstrated commitment of the regional center in establishing or expanding the service or
support.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The demonstrated ability of the regional center to implement the proposal.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The success or failure of previous efforts to establish or expand the service or support.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The need for the establishment or expansion of the service and support in the regional center catchment area as compared to other geographic areas.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department may require periodic progress reports from the regional center in implementing a proposal.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department shall ensure that each funded and implemented proposal be evaluated and that the evaluation process include the input of
persons eligible for regional center services, families, providers and advocates, as appropriate.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department shall make these evaluations available to the public, upon request.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The department shall develop and implement strategies for fostering the duplication of successful projects.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_7EA2FB5D-CEC3-40D9-BD61-301F1B721B7A">
<ns0:Num>SEC. 53.</ns0:Num>
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Section 4514 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_02F848CD-2953-479D-A1AC-6EE39E41EBBD">
<ns0:Num>4514.</ns0:Num>
<ns0:LawSectionVersion id="id_30C1A659-AE92-4F0C-B0A6-4557EAF0D51B">
<ns0:Content>
<html:p>All information and records obtained in the course of providing intake, assessment, and services under Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100) to persons with developmental disabilities shall be confidential. Information and records obtained in the course of providing similar services to either voluntary or involuntary recipients before 1969 shall also be confidential. Information and records shall be disclosed only in any of the following cases:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
In communications between qualified professional persons, whether employed by a regional center or state developmental center, or not, in the provision of intake, assessment, and services or appropriate
referrals. The consent of the person with a developmental disability, or the person’s guardian or conservator, shall be obtained before information or records may be disclosed by regional center or state developmental center personnel to a professional not employed by the regional center or state developmental center, or a program not vendored by a regional center or state developmental center.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
When the person with a developmental disability, who has the capacity to give informed consent, designates individuals to whom information or records may be released. This chapter does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to the person in confidence by a family member of the person unless a valid release has been executed by that family member.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
To the extent necessary for a claim, or for a claim or application to be made on behalf of a person with a developmental disability for aid, insurance, government benefit, or medical assistance to which the person may be entitled.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the person with a developmental disability is a minor, dependent ward, or conservatee, and the person’s parent, guardian, conservator, limited conservator with access to confidential records, or authorized representative, designates, in writing, persons to whom records or information may be disclosed. This chapter does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to the person in confidence by a family member of the person unless a valid release has been executed by that family
member.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For research, if the Director of Developmental Services designates, by regulation, rules for the conduct of research and requires the research to be first reviewed by the appropriate institutional review board or boards. These rules shall include, but need not be limited to, the requirement that all researchers shall sign an oath of confidentiality as follows:
</html:p>
<html:table class="convertedTable" id="id_DF39E48E-6466-42F1-9855-0C899C4361DD">
<html:colgroup>
<html:col width="159.0"/>
<html:col width="255.0"/>
</html:colgroup>
<html:tbody>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
“
<html:span class="EnSpace"/>
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point" style="font-size:10pt; text-align:center; text-indent:0pt;">Date</html:p>
</html:td>
</html:tr>
</html:tbody>
</html:table>
<html:p>As a condition of doing research concerning persons with developmental disabilities who have received services from ____ (fill in the facility, agency, or person), I, ____, agree to obtain the prior informed consent of persons who have received services to the maximum degree possible as determined by the appropriate institutional review board or boards for protection of human subjects reviewing my research, or the person’s parent, guardian, or conservator, and I further agree not to divulge any information obtained in the course of the research to unauthorized persons, and not to publish or otherwise make public any information regarding persons who have received services so those persons who received services are identifiable.</html:p>
<html:p>I recognize that the unauthorized release of
confidential information may make me subject to a civil action under provisions of the Welfare and Institutions Code.</html:p>
<html:table class="convertedTable" id="id_B3124CF7-38B9-4B4B-BF62-F1BF922CD0D6">
<html:colgroup>
<html:col width="213.0"/>
<html:col width="202.0"/>
</html:colgroup>
<html:tbody>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="UnderlinedLeaders"/>
”
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point" style="font-size:10pt; text-align:center; text-indent:0pt;">Signed</html:p>
</html:td>
</html:tr>
</html:tbody>
</html:table>
<html:p>
(f)
<html:span class="EnSpace"/>
To the courts, as necessary to the administration of justice.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
To governmental law
enforcement agencies as needed for the protection of federal and state elective constitutional officers and their families.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
To the Senate Committee on Rules or the Assembly Committee on Rules for the purposes of legislative investigation authorized by the committee.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
To the courts and designated parties as part of a regional center report or assessment in compliance with a statutory or regulatory requirement, including, but not limited to, Section 1827.5 of the Probate Code, Sections 1001.22 and 1370.1 of the Penal Code, and Section 6502 of this code.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
To the attorney for the person who was sterilized or alleges they have been sterilized, or to the attorney of an individual with a developmental disability in any and all proceedings upon presentation of a release of information signed by the person, except
that when the person lacks the capacity to give informed consent, the regional center or state developmental center director or designee, upon satisfying themselves of the identity of the attorney, and of the fact that the attorney represents the person, shall release all information and records relating to the person. This article does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to the person in confidence by a family member of the person unless a valid release has been executed by that family member.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Upon written consent by a person with a developmental disability previously or presently receiving services from a regional center or state developmental center, the director of the regional center or state developmental center, or the director’s designee, may release any
information, except information that has been given in confidence by members of the family of the person with a developmental disability, requested by a probation officer charged with the evaluation of the person after the person’s conviction of a crime if the regional center or state developmental center director or designee determines that the information is relevant to the evaluation. The consent shall only be operative until sentence is passed on the crime for which the person was convicted. The confidential information released pursuant to this subdivision shall be transmitted to the court separately from the probation report and shall not be placed in the probation report. The confidential information shall remain confidential except for purposes of sentencing. After sentencing, the confidential information shall be sealed.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
Between persons who are trained and qualified to serve on multidisciplinary personnel teams, as defined
in subdivision (d) of Section 18951. The information and records sought to be disclosed shall be relevant to the prevention, identification, management, or treatment of an abused child and the child’s parents pursuant to Chapter 11 (commencing with Section 18950) of Part 6 of Division 9.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
When a person with a developmental disability dies from any cause, natural or otherwise, while hospitalized in a state developmental center, the State Department of Developmental Services, the physician and surgeon in charge of the
person, or the professional in charge of the facility or the professional’s designee, shall release the patient’s medical record to a medical examiner, forensic pathologist, or coroner, upon request. Except for the purposes included in paragraph (8) of subdivision (b) of Section 56.10 of the Civil Code, a medical examiner, forensic pathologist, or coroner shall not disclose any information contained in the medical record obtained pursuant to this subdivision without a court order or authorization pursuant to paragraph (4) of subdivision (c) of Section 56.11 of the Civil Code.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
To authorized licensing personnel who are employed by, or who are authorized representatives of, the State Department of Public Health, and who are licensed or registered health professionals, and to authorized legal staff or special investigators who are peace officers who are employed by, or who are authorized
representatives of, the State Department of Social Services, as necessary to the performance of their duties to inspect, license, and investigate health facilities and community care facilities, and to ensure that the standards of care and services provided in these facilities are adequate and appropriate and to ascertain compliance with the rules and regulations to which the facility is subject. The confidential information shall remain confidential except for purposes of inspection, licensing, or investigation pursuant to Chapter 2 (commencing with Section 1250) and Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, or a criminal, civil, or administrative proceeding in relation thereto. The confidential information may be used by the State Department of Public Health or the State Department of Social Services in a criminal, civil, or administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the
case. Names that are confidential shall be listed in attachments separate to the general pleadings. The confidential information shall be sealed after the conclusion of the criminal, civil, or administrative hearings, and shall not subsequently be released except in accordance with this subdivision. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the State Department of Public Health or the State Department of Social Services decides that no further action will be taken in the matter of suspected licensing violations. Except as otherwise provided in this subdivision, confidential information in the possession of the State Department of Public Health or the State Department of Social Services shall not contain the name of the person with a developmental disability.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
To a board that licenses and certifies professionals in the fields of mental health and developmental
disabilities pursuant to state law, when the Director of Developmental Services has reasonable cause to believe that there has occurred a violation of a law subject to the jurisdiction of a board and the records are relevant to the violation. The information shall be sealed after a decision is reached in the matter of the suspected violation, and shall not subsequently be released except in accordance with this subdivision. Confidential information in the possession of the board shall not contain the name of the person with a developmental disability.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
To governmental law enforcement agencies by the director of a regional center or state developmental center, or the director’s designee, when (A) the person with a developmental disability has been reported lost or missing or (B) there is probable cause to believe that a person with a developmental disability has committed, or has been the victim of, murder,
manslaughter, mayhem, aggravated mayhem, kidnapping, robbery, carjacking, assault with the intent to commit a felony, arson, extortion, rape, forcible sodomy, forcible oral copulation, assault or battery, or unlawful possession of a weapon, as provided in any provision listed in Section 16590 of the Penal Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This subdivision shall be limited solely to information directly relating to the factual circumstances of the commission of the enumerated offenses and shall not include information relating to the mental state of the patient or the circumstances of the patient’s treatment unless relevant to the crime involved.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision is not an exception to, and does not in any other way affect, the provisions of Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, or Chapter 11 (commencing with Section 15600) and Chapter 13 (commencing
with Section 15750) of Part 3 of Division 9.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
To the Division of Juvenile Facilities and Department of Corrections and Rehabilitation or any component thereof, as necessary to the administration of justice.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
To an agency mandated to investigate a report of abuse filed pursuant to either Section 11164 of the Penal Code or Section 15630 of this code for the purposes of either a mandated or voluntary report or when those agencies request information in the course of conducting their investigation.
</html:p>
<html:p>
(s)
<html:span class="EnSpace"/>
When a person with a developmental disability, or the parent, guardian, or conservator of a person with a developmental disability who lacks capacity to consent, fails to grant or deny a request by a regional center or state developmental center to release information or records relating to the person with a
developmental disability within a reasonable period of time, the director of the regional or developmental center, or the director’s designee, may release information or records on behalf of that person if both of the following conditions are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Release of the information or records is deemed necessary to protect the person’s health, safety, or welfare.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The person, or the person’s parent, guardian, or conservator, has been advised annually in writing of the policy of the regional center or state developmental center for release of confidential client information or records when the person with developmental disabilities, or the person’s parent, guardian, or conservator, fails to respond to a request for release of the information or records within a reasonable period of time. A statement of policy contained in the client’s individual program plan shall be deemed to
comply with the notice requirement of this paragraph.
</html:p>
<html:p>
(t)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
When an employee is served with a notice of adverse action, as defined in Section 19570 of the Government Code, the following information and records may be released:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
All information and records that the appointing authority relied upon in issuing the notice of adverse action.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
All other information and records that are relevant to the adverse action, or that would constitute relevant evidence as defined in Section 210 of the Evidence Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The information described in subparagraphs (A) and (B) may be released only if both of the following conditions are met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The appointing authority has
provided written notice to the person eligible for regional center services and their legal representative or, if the
person eligible for regional center services has no legal representative or if the legal representative is a state agency, to the clients’ rights advocate, and the person eligible for regional center services, the legal representative of a person eligible for regional center services, or the clients’ rights advocate has not objected in writing to the appointing authority within five business days of receipt of the notice, or the appointing authority, upon review of the objection has determined that the circumstances on which the adverse action is based are egregious or threaten the health, safety, or life of the
person eligible for regional center services or other persons eligible for regional center services
and without the information the adverse action could not be taken.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The appointing authority, the person against whom the adverse action has been taken, and the person’s representative, if any, have entered into a stipulation that does all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Prohibits the parties from disclosing or using the information or records for any purpose other than the proceedings for which the information or records were requested or provided.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Requires the employee and the employee’s legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents or copies thereof that are no longer in the possession of the employee or the employee’s legal representative because they were from a source
containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents submitted to the administrative tribunal as a component of an appeal from the adverse action.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Requires the parties to submit the stipulation to the administrative tribunal with jurisdiction over the adverse action at the earliest possible opportunity.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the purposes of this subdivision, the State Personnel Board may issue, before an appeal from adverse action being filed with it, a protective order, upon application by the appointing authority, for the limited purpose of prohibiting the parties from disclosing or using information or records for any purpose other than the proceeding for which the information or records were requested or provided, and to
require the employee or the employee’s legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents that are no longer in the possession of the employee or the employee’s legal representatives because they were submitted to the administrative tribunal as a component of an appeal from the adverse action.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Individual identifiers, including, but not limited to, names, social security numbers, and hospital numbers, that are not necessary for the prosecution or defense of the adverse action, shall not be disclosed.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
All records, documents, or
other materials containing confidential information protected by this section that have been submitted or otherwise disclosed to the administrative agency or other person as a component of an appeal from an adverse action shall, upon proper motion by the appointing authority to the administrative tribunal, be placed under administrative seal and shall not, thereafter, be subject to disclosure to any person or entity except upon the issuance of an order of a court of competent jurisdiction.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For purposes of this subdivision, an adverse action becomes final when the employee fails to answer within the time specified in Section 19575 of the Government Code, or, after filing an answer, withdraws the appeal, or, upon exhaustion of the administrative appeal or of the judicial review remedies as otherwise provided by law.
</html:p>
<html:p>
(u)
<html:span class="EnSpace"/>
To the person appointed as the developmental services
decisionmaker for a minor, dependent, or ward pursuant to Section 319, 361, or 726.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
To a protection and advocacy agency established pursuant to Section 4901, to the extent that the information is incorporated within any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An unredacted facility evaluation report form or an unredacted complaint investigation report form of the State Department of Social Services. This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An unredacted citation report, unredacted licensing report, unredacted survey report, unredacted plan of correction, or unredacted statement of deficiency of the State Department of Public Health, prepared by authorized licensing personnel or authorized representatives described in subdivision (n). This
information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903.
</html:p>
<html:p>
(w)
<html:span class="EnSpace"/>
To the regional center clients’ rights advocate who provides service pursuant to Section 4433, unless the
person eligible for regional center services objects on their own behalf, for the purpose of providing authorized clients’ rights advocacy services pursuant to Section 4418.25 or 4418.7, subparagraph (B) or (C) of paragraph (9) of subdivision (a) of Section 4648, Sections 4684.80 to 4684.87, inclusive, or Section 4698 or 7502.5 of this code, or Section 1267.75 or 1531.15 of the Health and Safety Code.
</html:p>
<html:p>
(x)
<html:span class="EnSpace"/>
For purposes of this section, a reference to a “medical examiner, forensic pathologist, or coroner” means a coroner or deputy coroner, as described in subdivision (c) of Section 830.35 of the Penal Code, or a licensed physician who currently performs official autopsies on behalf of a county coroner’s office or a medical examiner’s office, whether as a government employee or under contract to that office.
</html:p>
<html:p>
(y)
<html:span class="EnSpace"/>
To authorized personnel who
are employed by the Employment Development Department as necessary to enable the Employment Development Department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to subdivision (ak) of Section 1095 of the Unemployment Insurance Code. The Employment Development Department shall maintain the confidentiality of information provided to it by the State Department of Developmental Services to the same extent as if the Employment Development Department had acquired the information directly.
</html:p>
<html:p>
(z)
<html:span class="EnSpace"/>
To authorized personnel who are employed by the State Department of Social Services as necessary to enable the department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to Section 10850.6. The State Department of Social Services shall maintain the confidentiality of any information provided to it by the State Department of
Developmental Services to the same extent as if the State Department of Social Services had directly acquired that information.
</html:p>
<html:p>
(aa)
<html:span class="EnSpace"/>
To authorized personnel who are employed by the California Victim Compensation Board for the purposes of verifying the identity and eligibility of individuals claiming compensation pursuant to the Forced or Involuntary Sterilization Compensation Program described in Chapter 1.6 (commencing with Section 24210) of Division 20 of the Health and Safety Code. The California Victim Compensation Board shall maintain the confidentiality of any information or records received from the department in accordance with Part 160 (commencing with Section 160.101) and Part 164 (commencing with Section 164.102) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations and this section. Public disclosure of aggregated claimant information or the annual report required under subdivision (b) of Section 24211 of the
Health and Safety Code is not a violation of this section.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_10A55452-7812-455C-9D71-1B5B250F5C67">
<ns0:Num>SEC. 54.</ns0:Num>
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Section 4518 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_D148912B-FB4E-48F6-9BDA-18E06F4E8DBA">
<ns0:Num>4518.</ns0:Num>
<ns0:LawSectionVersion id="id_910E85F3-158F-4248-A6ED-438BD5D27E42">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Any person may bring an action against an individual who has willfully and knowingly released confidential information or records concerning them in violation of the provisions of this chapter, or of Chapter 1 (commencing with Section 11860) of Part 3 of Division 10.5 of the Health and Safety Code, for the greater of the following amounts:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Five hundred dollars ($500).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Three times
the amount of actual damages, if any, sustained by the plaintiff.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Any person may, in accordance with the provisions of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, bring an action to enjoin the release of confidential information or records in violation of the provisions of this chapter, and may in the same action seek damages as provided in this section.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
It is not a prerequisite to an action under this section that the plaintiff suffer or be threatened with actual damages.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_AA232AEA-2735-4E94-AC47-C5E2D0FD4BE4">
<ns0:Num>SEC. 55.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4519.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4519 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_2B832637-A786-42E4-BD99-1ABF4C33A7AE">
<ns0:Num>4519.</ns0:Num>
<ns0:LawSectionVersion id="id_37649A0F-72FC-4FDE-BD6D-10C6349B8BF3">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall not expend funds, and a regional center shall not expend funds allocated to it by the department, for the purchase of any service outside the state unless the Director of Developmental Services or the director’s designee has received, reviewed, and approved a plan for out-of-state service in the individual program plan for the person eligible for regional center services developed pursuant to Sections 4646 to 4648, inclusive. Prior to submitting a request for out-of-state services, the regional center shall conduct a comprehensive assessment and convene an individual program plan
meeting to determine the services and supports needed for the
person eligible for regional center services to receive services in California and shall request assistance from the department’s statewide specialized resource service in identifying options to serve the person eligible for regional center services in California. The request shall include details regarding all options considered and an explanation of why these options cannot meet the needs of the person eligible for regional center services. The department shall authorize for no more than six months the purchase of out-of-state services when the director
determines the proposed service or an appropriate alternative, as determined by the director, is not available from resources and facilities within the state. Any extension beyond six months shall be based on a new and complete comprehensive assessment of the person’s needs, review of available options, and determination that the needs of the person eligible for regional center services cannot be met in California. An extension shall not exceed six months. For the purposes of this section, the department shall be considered a service agency under Chapter 7 (commencing with Section 4700).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Funds shall not be expended for the cost of interstate travel or transportation by regional center staff in connection with the purchase of any service outside the state unless authorized by the director or the director’s designee.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If a regional center places a person eligible for regional center services out of state pursuant to subdivision (a), it shall prepare a report for inclusion in the
individual program plan of the person eligible for regional center services. This report shall summarize the regional center’s efforts to locate, develop, or adapt an appropriate program for the person eligible for regional center services within the state. This report shall be reviewed and updated every three months, and a copy shall be sent to the director. Each comprehensive assessment and report shall include identification of the services and supports needed and the timeline for identifying or developing those services needed to transition the person eligible for regional center services
back to California.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding subdivisions (a), (b), and (c), the State Department of Developmental Services or a regional center may expend funds allocated to it for the purchase of services for residents of this state and administrative costs incurred in providing services in the border areas of a state adjacent to California when the purchase is approved by the regional center director.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Each regional center shall submit to the department by December 31, 2012, a transition plan for all persons eligible for regional center services residing out of state as of June 30, 2012, for whom the regional center is purchasing services.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_278B03DF-765E-4C35-82FF-E49231815C21">
<ns0:Num>SEC. 56.</ns0:Num>
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Section 4519.2 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_AAF0213E-35DB-4745-94B8-6D20538A3BAB">
<ns0:Num>4519.2.</ns0:Num>
<ns0:LawSectionVersion id="id_4AF37D41-035E-42B8-9CF5-B6EE5E950533">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Through the Developmental Services Task Force, the department shall identify key indicators to track the regional center system’s delivery of services. These indicators shall include both local and statewide measures and shall include a recommendation for analysis and followup of any concerning trends, as well as a plan for reporting of best practices for use statewide. The department, with stakeholder input, shall also identify recommendations for measuring outcomes and improving outcomes for persons eligible for regional center services. Goals for system improvement include enhancement of customer services for
persons eligible for regional center services and their families, facilitation of enhanced communication between regional centers and the state, and identification and dissemination of best practices for developmental services providers. The department shall report these recommended indicators, best practices, and recommendations for analysis to the Legislature no later than January 10, 2021.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Each regional center shall post the following information on its internet website in a format determined by the department no later than April 1, 2020, and shall update the information no less frequently than every six months until the department determines that statewide compliance with the federal Home and Community-Based Services (HCBS) Final Rule has been met, or January 1, 2025, whichever is earlier:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The number
of providers identified as needing assessment for HCBS compliance, broken down by provider type, as defined by the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The number of providers within each provider type that have been inspected or reviewed for HCBS compliance.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The number of providers within each provider type that have been determined to be HCBS compliant.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The number of providers within each provider type that have been determined not to be HCBS compliant and the reason for lack of compliance.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The number of providers, broken down by provider type, that have been identified as presumed to have the qualities of an institutional setting, as described in Sections 441.301(c)(5)(v) and 441.710(a)(2)(v) of Title 42 of the Code of Federal Regulations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department shall provide this information to the Legislature as statewide data and for each regional center, no later than May 1, 2020, and shall post that summary on its internet website.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department shall update the Legislature annually, beginning on January 10, 2020, with the number of complaints filed at each regional center pursuant to Section 4731 for the prior fiscal year, and include the following information:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The subject matter of complaints filed.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
How complaints were resolved.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The timeframe within which resolutions to those complaints were provided by the regional center.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The number of complaints that were appealed to the department, their resolution, and the timeframe within which a written administrative decision was issued.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Demographic information, as identified by the department, about persons eligible for regional center services
on whose behalf the complaint was filed, including the ethnicity of the person eligible for regional center services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The update shall include data for the prior two fiscal years, as available.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department shall also post this data on its internet website.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department and each regional center shall include on their internet websites a link to the protection and advocacy agency designated pursuant to Division 4.7 (commencing with Section 4900) and the clients’ rights advocate contracted with pursuant to Section 4433. This link shall be posted on the home page of their internet
websites, or in another standard location determined by the department.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
On and after October 1, 2019, the department shall post all new directives that it issues to regional centers on its internet website.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Any reports submitted by the department to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_9D2195DF-1AFA-4C0A-AEAF-19CAF8E83655">
<ns0:Num>SEC. 57.</ns0:Num>
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Section 4519.4 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_6332F488-EC83-4E3B-8788-AF554B4F2B4A">
<ns0:Num>4519.4.</ns0:Num>
<ns0:LawSectionVersion id="id_BC0A39A4-E69A-4B1B-8064-96A92BAE5392">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Beginning in the summer of 2019, the State Department of Developmental Services shall consult with a broad and balanced group of stakeholders, including, but not limited to, representatives of the Developmental Services Task Force, the Rates Workgroup of the Developmental Services Task Force, legislative staff from the fiscal and relevant policy committees of the Legislature, the Legislative Analyst’s Office, the Association of Regional Center Agencies, the State Council on Developmental Disabilities, the Department of Rehabilitation, and Disability Rights California to discuss system reforms, including fiscal reforms, to better serve persons eligible for regional center services. The focus of this discussion shall be on how to create a sustainable, innovative, cost-effective, and outcomes-based service delivery system that is focused on persons eligible for regional center services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of implementing subdivision (a), the State Department of Developmental Services shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Consider a wide variety of perspectives of persons eligible for
regional center services, families, and service providers to discuss the potential outcomes associated with different approaches to system reform.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Engage with persons eligible for regional center services, families, and service providers across different geographic regions of the state, including urban and rural areas, and from diverse racial and ethnic backgrounds, age groups,
diagnoses, and service categories.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Identify key outcomes for persons eligible for regional center services and measurable targets to be achieved through these reforms, as informed by the stakeholder process.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Evaluate compliance with federal rules relating to home- and community-based services, and how the department plans to redesign services that are not compliant with these rules.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Discuss how feedback may be collected about the reforms, and how this information may be used to make changes to, and adapt, the system over time.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The State Department of Developmental Services shall report on the progress of these efforts during the 2020–21 budget hearing process.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
By October 1, 2019, the State Department of Developmental Services shall post to its internet website a summary of public comments, departmental responses to those comments, and any appropriate and necessary changes to the rate models contained in the rate study, submitted pursuant to Section 4519.8.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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<ns0:BillSection id="id_2AF2F9CE-484E-4933-BEA6-775CE815344D">
<ns0:Num>SEC. 58.</ns0:Num>
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Section 4519.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B83E617B-F72E-4E7B-9E91-6021B3084070">
<ns0:Num>4519.5.</ns0:Num>
<ns0:LawSectionVersion id="id_AF182F77-745C-4660-8F93-202821F6DFD8">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department and the regional centers shall annually collaborate to compile and report, consistent with applicable federal and state privacy laws, data, including deidentified data in accordance with subdivision (m), in a uniform manner relating to purchase of service authorization, utilization, and expenditure by each regional center with respect to all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The age of the person eligible for regional center services, categorized by the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Birth to two years of
age, inclusive.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Three to 21 years of age, inclusive.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Twenty-two years of age and older.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Race or ethnicity of the person eligible for regional center services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Preferred language spoken by the person eligible for regional center services, and other related details, as feasible.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Disability detail, in accordance with the categories established by subdivision (a) of Section 4512, and, if applicable, a category specifying that the disability is unknown.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Residence type, subcategorized by age, race or ethnicity, and preferred language.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Number of instances when the written copy of the individual program plan was provided at the request of the person eligible for regional center services and, when appropriate, the consumer’s parents, legal guardian or conservator, or authorized
representative of the person eligible for regional center services, in a language other than a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations, if that written copy was provided more than 60 days after the request.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Number of instances when the written copy of the individual program plan was provided at the request of the person eligible for regional center services and, when appropriate, the
parents, legal guardian or conservator, or authorized representative of the person eligible for regional center services, in a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations, if that written copy was provided more than 45 days after the request, in violation of paragraph (5) of subdivision (a) of Section 4646.5.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Beginning with data for the fiscal year of 2023–24, the numbers, percentages, and total and per capita expenditure and authorization amounts, by age, as applicable, according to race or ethnicity and preferred language, for all combined residence types and for
persons eligible for regional center services living in the family home, regarding the following service types:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Camping and associated travel expenses.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Social recreation activities.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Educational services.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Nonmedical therapies, including, but not limited to, specialized recreation, art, dance, and music.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The data reported pursuant to subdivision (a) shall also include the number and percentage of individuals, categorized by age, race or ethnicity, and disability, and by residence type, as set forth in paragraph (5) of subdivision (a), who have been determined to be eligible for regional center services, but are not receiving
purchase of service funds.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
By March 31, 2013, each regional center shall post the data described in this section that are specific to the regional center on its internet website. Commencing on December 31, 2013, each regional center shall annually post these data by December 31. Each regional center shall maintain all previous years’ data on its internet website.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Commencing December 31, 2023, each regional center shall post its data uniformly with all other regional centers, using the same criteria, format, and organization.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding
the requirement pursuant to paragraph (1), if the information required to be posted pursuant to this section is produced and posted by the department for each regional center, each regional center instead may link to that information from its internet website.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
By March 31, 2013, the department shall post the information described in this section on a statewide basis on its internet website. Commencing December 31, 2013, the department shall annually post this information by December 31. The department shall maintain all previous years’ data on its internet website. The department shall also post notice of any regional center stakeholder meetings on its
internet website.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
In addition to maintaining hyperlinks to each regional center’s reports on its internet website, commencing December 1, 2024, the department shall also post the data compiled pursuant to subdivisions (a) and (b), and the data compiled pursuant to Section 4519.6, in the same uniform manner as reported by the regional centers, as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
On a statewide aggregate basis.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
On an aggregate basis according to particular geographical areas, as determined by the department in consultation with stakeholders.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department shall provide trend analysis on the changes observed in data over time, including increasing and decreasing utilization of services by any of the characteristics cited
in subdivision (a).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
After December 1, 2024, the department and regional centers shall post information required to be posted pursuant to this section in machine-readable format.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Within three months of compiling the data with the department, and annually thereafter, each regional center shall meet with stakeholders in one or more public meetings regarding the data. The meeting or meetings shall be held separately from any meetings held pursuant to Section 4660. The regional center shall provide participants of these meetings with the data and any associated information related to improvements in the provision of developmental services to underserved communities and shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that community, including providing alternative communication services, as
required by Sections 11135 to 11139.7, inclusive, of the Government Code and implementing regulations. Regional centers shall inform the department of the scheduling of those public meetings 30 days prior to the meeting. Notice of the meetings shall also be posted on the regional center’s internet website 30 days prior to the meeting and shall be sent to individual stakeholders and groups representing underserved communities in a timely manner. Each regional center shall, in holding the meetings required by this subdivision, consider the language needs of the community and shall schedule the meetings at times and locations designed to result in a high turnout by the public and underserved communities.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Consistent with subdivision (h) of Section 4648, regional centers shall annually provide each individual with
their purchase of services data and any associated information related to improvements in the provision of developmental services to them. If requested, regional centers shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that individual, including providing alternative communication services, as required by Sections 11135 to 11139.7, inclusive, of the Government Code and implementing regulations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
When implemented in the statewide case management system, the information described in paragraph (1) shall be available to individuals through the portal for persons eligible for regional center services. If requested, regional centers shall conduct a
discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that individual, including providing alternative communication services, as required by Sections 11135 to 11139.7, inclusive, of the Government Code and implementing regulations.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Each regional center shall annually report to the department regarding its implementation of the requirements of this section. The report shall include, but shall not be limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Actions the regional center took to improve public attendance and participation at stakeholder meetings, including, but not limited to, attendance and participation by underserved communities.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Copies of minutes from the meeting and attendee comments.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Whether the data described in this section, including data deidentified pursuant to subdivision (m) of this section, indicate a need to reduce disparities in the purchase of services among persons eligible for regional center services
in the regional center’s catchment area. If the data do indicate that need, the regional center’s recommendations and plan to promote equity, and reduce disparities, in the purchase of services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Each regional center and the department shall annually post the reports required by paragraph (1) on its internet website by August 31.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department shall, on a twice-a-year basis, consult with stakeholders, including
persons eligible for regional center services and families, that reflect the ethnic and language diversity of persons eligible for regional center services, regional centers, advocates, providers, family resource centers, the protection and advocacy agency described in Section 4901, and those entities designated as University Centers for Excellence in Developmental Disabilities Education, Research, and Service pursuant to Section 15061 of Title 42 of the United States Code, to achieve the following objectives:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Review the data compiled pursuant to subdivisions (a) and (b).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Identify barriers to equitable access to services and supports among
persons eligible for regional center services, including persons eligible for regional center services whose purchase of services data have been deidentified pursuant to subdivision (m), and develop recommendations to help reduce disparities in purchase of service expenditures.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Identify gaps in, and encourage the development and expansion of, culturally appropriate services, service delivery, and service coordination.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Identify best practices to reduce disparity and promote equity.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Maximize transparency whenever possible, including aggregation by region or display as percentages, as necessary.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department shall notify the Legislature when information is posted on its internet website pursuant
to this section.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Subject to available funding, the department shall allocate funding to regional centers or community-based organizations with department oversight to assist with implementation of the recommendations and plans developed pursuant to subdivisions (i) and (j). Activities funded through these allocations may include, but are not limited to, pay differentials supporting direct care bilingual staff of community-based service providers, parent or caregiver education programs, cultural competency training for regional center staff, outreach to underserved populations, or additional culturally appropriate service types or service delivery models.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Each regional center shall consult with stakeholders regarding activities that may be effective in addressing disparities in the receipt of regional center services and the regional center’s
proposed requests for the funding specified in paragraph (1). Each regional center shall identify the stakeholders it consulted with, including groups whose purchase of services data have been deidentified, and include information on how it incorporated the input of stakeholders into its requests.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A community-based organization may submit a request for grant funding pursuant to this subdivision. In order to protect confidential data, the department or a regional center may waive a grant application requirement to provide data supporting that application, if that data would be subject to deidentification pursuant to applicable federal or state privacy laws. The organization shall submit the request concurrently to the regional center of the jurisdiction in which the organization is located and to the department. The regional center shall provide the department with input regarding the request prior to the department’s final determination on
the request.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The department shall review requests for funding within 45 days from the deadline specified in the department’s guidance to regional centers and community-based organizations.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Each regional center and community-based organization receiving funding shall report annually to the department, in a manner determined by the department, on how the funding allocations were used and shall include recommendations of priorities for activities that may be effective in addressing disparities, based on the consultation with stakeholders.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The department shall post the following information on its internet website:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
By September 1 of
any year in which grant funding is available and has not been allocated, a structure for the grant program, including all of the following information:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
How community-based organizations reflecting groups that are disadvantaged by disparities in the purchase of services will be invited to participate in the grant program, including groups whose purchase of services data have been deidentified.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
How statewide strategies were considered.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
How the department will ensure grant funds are not used for activities that regional centers are otherwise required by statute or regulation to conduct.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
How funded activities will be evaluated.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
How community-based organizations
reflecting groups that are impacted by disparities can receive a waiver for the submission of data supporting that application, if that data would be subject to deidentification pursuant to applicable federal or state privacy laws.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
By October 1 of any year in which grant funding is available and has not been allocated, the final invitation for requests for funding or another mechanism through which requests for funding are solicited.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
By January 1 of any year in which grant funding has been allocated, a list of grant recipients, funding level per grant, and a description of the funded project.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
By May 1 of any year in which the information is available, evaluation results from prior grants. To ensure the department complies with this subparagraph, regional centers and community-based organizations receiving
funding shall provide the department, by March 1 of the same year, with an evaluation of funded activities and the effectiveness of those activities in reducing disparities in the purchase of services, to the extent information is available. The provision of data by community-based organizations reflecting groups that are impacted by disparities whose purchase of services data otherwise would have to be deidentified pursuant to applicable federal or state privacy laws may be waived for the purpose of reporting grant outcomes pursuant to this subdivision.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
On or before December 31, 2021, the department shall contract with an entity or entities with demonstrated experience in quantitative and qualitative data evaluation to design and conduct an independent evaluation of the efforts to promote equity and reduce disparities pursuant to subdivision (k).
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The data compiled pursuant to subdivisions (a) and (b) shall be deidentified in accordance with Section 164.514 of Title 45 of the Code of Federal Regulations or with updated regulations regarding the deidentification of data in accordance with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) prior to that data being disclosed publicly to third parties, including, but not limited to, stakeholders, or posted on internet websites.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department shall deidentify purchase of services data pertaining to any regional center in a manner that maximizes transparency.
</html:p>
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<ns0:Num>SEC. 59.</ns0:Num>
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Section 4519.7 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_214E3518-54D1-48D7-9A80-D59D57C1B409">
<ns0:Num>4519.7.</ns0:Num>
<ns0:LawSectionVersion id="id_BC4744B5-A45F-4DA6-990F-40C3745DAB5A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Any regional center employee shall not be liable for civil damages on account of an injury or death resulting from an employee’s act or omission where the act or omission was the result of the exercise of the discretion vested in them, in good faith, in carrying out the intent of this division, except for acts or omissions of gross negligence or acts or omissions giving rise to a claim under Section 3294 of the Civil Code. This section shall not be applied to provide immunity from liability for any criminal act.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section is not intended to change,
alter, or affect the liability of regional centers, including, but not limited to, the vicarious liability of a regional center due to a negligent employee.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A regional center employee, when participating in filing a complaint or providing information as required by law regarding the health, safety, or well-being of a person eligible for regional center services, or participating in a judicial proceeding resulting therefrom, shall be presumed to be acting in good faith, and unless the presumption is rebutted, shall be immune from any
liability, civil or criminal, and shall be immune from any penalty, sanction, or restriction that might be incurred or imposed. The presumption established by this subdivision is a presumption affecting the burden of producing evidence.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section shall apply only to acts or omissions that occur on or after January 1, 2001.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B16A9883-F886-4852-BCCF-3CED554C2AB4">
<ns0:Num>SEC. 60.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4519.8.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4519.8 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_D5F97B10-0F29-4379-A2AE-47B3E0EE7FA0">
<ns0:Num>4519.8.</ns0:Num>
<ns0:LawSectionVersion id="id_00F1BF92-E202-4D3C-9C59-508A2C2652FB">
<ns0:Content>
<html:p>On or before March 1, 2019, the department shall submit a rate study to the appropriate fiscal and policy committees of the Legislature addressing the sustainability, quality, and transparency of community-based services for individuals with developmental disabilities. The department shall consult with stakeholders, through the developmental services task force process, in developing the study. The study shall include, but not be limited to, all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
An assessment of the effectiveness of the methods used to pay each category of community service provider. This assessment shall include consideration of the following factors for each category of service provider:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Whether the current method of
ratesetting for a service category provides an adequate supply of providers in that category, including, but not limited to, whether there is a sufficient supply of providers to enable persons eligible for regional center services throughout the state to have a choice of providers, depending upon the nature of the service.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A comparison of the estimated fiscal effects of alternative rate methodologies for each service provider category.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
How different rate methodologies can incentivize outcomes for
persons eligible for regional center services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An evaluation of the number and type of service codes for regional center services, including, but not limited to, recommendations for simplifying and making service codes more reflective of the level and types of services provided.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_08C6B083-9B78-4272-A2B1-8F5084C001DA">
<ns0:Num>SEC. 61.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4519.9.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4519.9 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_919B704A-1505-4B3A-8B49-E13E1FE11288">
<ns0:Num>4519.9.</ns0:Num>
<ns0:LawSectionVersion id="id_53F326C9-93F9-4D54-9B47-2001232FD380">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall establish a community navigator program to promote the utilization of generic and regional center services by using community leaders, family members, or self-advocates to provide information and guidance to persons eligible for regional center services and their families who could benefit from added support to navigate available resources.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The program shall be structured to utilize individuals and families who are receiving or have received regional center services to provide education to those individuals who are or may be eligible
for regional center services regarding the developmental disabilities services system, agencies available to assist them, and other available resources.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The program shall focus on cultural and linguistic competency in supporting individuals and families to improve equitable access to regional center services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department shall engage stakeholders to obtain input on key elements for the community navigator program by August 31, 2021.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department shall allocate funding to family resource centers to administer community navigator programs.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
To the extent possible, each funded program shall share a culture or ethnicity, or both, community, and language with the individuals and families they support when offering assistance and education
to reduce barriers in accessing services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Each program funded pursuant to this subdivision shall assist individuals and families in accessing and utilizing generic and regional center services in their communities, including, but not limited to, assistance in building trust with regional center staff, education on available services, guidance on how to request needed services, and support from peers in the community who have experience with the regional center system.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department shall issue funding guidelines regarding the selection of community navigator programs and the conditions under which the funding shall be used consistent with the requirements of this section. The guidelines shall be exempt from the rulemaking process of Chapter 3.5 (commencing with Section 11340) of Part 1 Division 3 of Title 2 of the Government Code.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A family resource center receiving funding for the purpose of the community navigator program shall report to the department in a manner and within a time period determined and outlined in guidance by the department on how the funding allocations were used and shall include recommendations of priorities for activities that may be effective in addressing disparities, including removing barriers to accessing and utilizing generic and regional center services. The department shall post these reports on its internet website by November 1, 2022.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_F63EA7AE-6ABB-4B5B-A259-24C445423870">
<ns0:Num>SEC. 62.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4519.10.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4519.10 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_901E02DD-51CE-45E3-A775-8D89D808D76D">
<ns0:Num>4519.10.</ns0:Num>
<ns0:LawSectionVersion id="id_B3326086-20D1-4102-9547-D1BB5D9CA999">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The current service provider rate structure in the system administered by the State Department of Developmental Services lacks transparency, remains complex, is not tied to person-centered outcomes, and varies across providers who provide the same service in the same region.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In 2016, the Legislature funded a rate study to address the sustainability, quality, and transparency of community-based services for individuals with developmental disabilities.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department, with the help of a consultant, completed the rate study in 2019 and subsequently submitted the
study’s findings and recommendations to the Legislature. Among other things, the study recommended all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Within each service category, rate models that include components that may be regularly updated.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Regional differentials to account for regional variance in the cost of living and doing business.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Enhanced rates for services delivered in other languages, including American Sign Language.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
An optional add-on for direct service professional levels and wage differentials based on training and demonstrated competency.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The consolidation of certain service codes.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The rate study’s fiscal
impact analysis indicated that full implementation of these rate models would cost an additional one billion one hundred million dollars ($1,100,000,000) from the General Fund, or one billion eight hundred million dollars ($1,800,000,000) of total funds, in the 2019–20 fiscal year.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The recommendations from the rate study and the associated rate models have not been implemented, even as rate study findings informed supplemental rate increases for many service categories in the 2019–20 fiscal year and three additional service categories in the 2020–21 fiscal year.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
For persons eligible for regional center services who are also eligible for Medi-Cal, the
department receives federal Medicaid reimbursements to support home- and community-based services provided to those persons.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Direct service professionals employed by service providers are critical to the quality and provision of services and supports to individuals with intellectual and developmental disabilities.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
A prevailing need and challenge within the developmental services system is moving from a compliance-based system to an outcomes-based system. Outcome measures must reinforce the system’s core values of meeting individual needs based on person-centered planning. The implementation of rates, pursuant to this section, should support this person-centered
transformation through consideration of incentive payments, alternative payment models, alternative service delivery, lessons learned from the COVID-19 pandemic period, person-centered and culturally and linguistically sensitive and competent approaches, training of direct service professionals, compliance with the federal home- and community-based services rule set to take effect on March 17, 2023, and methods for assessing and reporting outcomes.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
To improve
outcomes and experiences for persons eligible for regional center services and to
measure overall system performance, four goals should guide rate reform:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The experience of the person eligible for regional center services.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Equity.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Quality and outcomes.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
System efficiencies.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Therefore, it is the intent of the Legislature to phase in funding and policies beginning in the 2021–22 fiscal year to
implement rate reform, which shall include a quality incentive program, create an enhanced person-centered, outcomes-based system, and complete this transformation by July 1, 2025.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Commencing April 1, 2022, the department shall implement a rate increase for service providers that equals one-quarter of the difference between current rates and the fully funded rate model for each provider.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Commencing January 1, 2023, and continuing through December 31, 2024, the department shall adjust rates to equal one-half of the difference between rates in effect March 31, 2022, and the fully funded rate model for each provider, and additional funding shall be available for the quality incentive program described in subdivision (e).
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Notwithstanding any other law or
regulation, it is the intent of the Legislature that the majority of the rate increase described in this subparagraph for the 2022–23 fiscal year be used for the purpose of enhancing wages and benefits for staff who spend a minimum of 75 percent of their time providing direct services to
persons eligible for regional center services.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Commencing January 1, 2023, a provider shall not spend a smaller percentage of the rate increase on direct care staff wages and benefit costs than the corresponding percentage included for direct care staff wages and benefit costs in the rate models for each specific service.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A provider granted a rate increase pursuant to this section shall maintain documentation, subject to audit by the department or regional center, that the portion of the rate increase identified in this subparagraph was used to increase wages, salaries, or benefits of eligible staff members spending a minimum of 75 percent of their time providing direct services to
persons eligible for regional center services
at least at the same percentage as provided in the rate models.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
For the purpose of this subparagraph, “direct services” are services, supports, care, supervision, or assistance provided by staff directly to a person eligible for regional center services to address their needs, as identified in the individual program plan, and includes staff’s participation in training and other activities directly related to providing services to
persons eligible for regional center services, as well as program preparation functions as defined in Section 54302 of Title 17 of the California Code of Regulations.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Commencing July 1, 2023, a vendor shall be in compliance with the home- and community-based final rule, effective March 17, 2014, or implementing a corrective action plan, to be eligible for the quality incentive program described in subdivision (e).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Commencing January 1, 2025, the department shall implement the fully funded rate models. The fully funded rate models shall be implemented using two payment components, a base rate equaling 90 percent of the rate model, and a quality incentive payment, equaling up to 10 percent of the rate model, to be implemented through the quality incentive program described in subdivision (e).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Notwithstanding any other law, commencing July 1, 2024, the rate models shall be updated to account for the current and any subsequent changes to the statewide minimum wage, as established by Section 1182.12 of the Labor Code, or other relevant statute.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Effective January 1, 2025, it is the intent of the Legislature that rates be uniform within service categories and adjusted for geographic cost differentials, including differentials in wages, the cost of travel, and the cost of real estate.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Providers who were not identified as requiring a rate increase in the rate study are not eligible for rate adjustments pursuant to paragraph (1).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Beginning in the 2021–22 fiscal year, the department
shall implement a hold harmless policy for providers whose rates exceed rate model recommendations. The policy shall freeze a provider’s existing rates until February 28, 2026, after which time the provider’s rates shall be adjusted to equal the rates for other providers in the provider’s service category and region.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Beginning January 1, 2025, the department shall also implement a hold harmless policy for providers whose rates in effect on January 1, 2023, exceed 90 percent of the rate model. The policy shall freeze a provider’s base rate at the rate in effect on January 1, 2023, until February 28, 2026, after which time the provider’s base rates shall be adjusted to equal the base rates for other providers in the provider’s service category and region. The provider shall be eligible for a quality incentive payment that, when added to their base rate, equals the fully funded rate model.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (1) and (2), the department may adjust rates as a result of reviews or audits.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
In conjunction with implementing rate reform, the department shall implement a quality incentive program in order to improve
outcomes for persons who are eligible for regional center services, service provider performance, and the quality of services.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The department shall, with input from stakeholders, develop quality measures or benchmarks, or both, for outcomes for persons eligible for regional center services and regional center and service provider performance. Given the time necessary to identify and develop the measures or benchmarks described in this paragraph, the department may establish quality measures or benchmarks, or both, in the initial years of the quality incentive program that focus on building capacity, developing reporting systems, gathering baseline data, and similar activities
while working towards meaningful outcome measures at the individual level for all services. Measures or benchmarks, or both, shall initially include process- and performance-related measures for service providers and, by the conclusion of the 2025–26 fiscal year, shall also evolve to include outcome measures at the individual level. In developing the proposed measures or benchmarks, or both, the department shall do all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Gather public input through regularly held public meetings that are accessible both virtually and by telephone. Public meeting agendas and meeting materials shall be posted at least three days in advance of any meeting and shared by various means, including internet website updates, focus groups, and other communication.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Provide documents, which may include, but are not limited to, updates, concept papers, interim reports, proposals, and performance and quality measures and benchmarks, and revisions to these materials, to the Legislature and post these materials on an internet website for public comment at least 30 days, as required by the Centers for Medicare and Medicaid Services, prior to submitting a request for federal funding.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Seek input from subject matter experts to understand options for outcomes-based system structures using person-centered planning and alternative payment models.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
On or before April 1, 2022, proposed quality measures or benchmarks, or both, shall be provided to the Legislature and posted for public comment, as described in subparagraph (A). After the department has
considered public comments and modified the proposed quality measures or benchmarks, or both, as needed, the measures or benchmarks, or both, shall be finalized and implemented in the 2022–23 fiscal year.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
On or before April 1 of any subsequent year in which the department proposes new or revised quality measures or benchmarks, or both, the proposed measures or benchmarks, or both, shall be provided to the Legislature and posted for public comment, as described in subparagraph (A). After the department has considered public comments and modified the proposed quality measures or benchmarks, or both, as needed, the measures or benchmarks, or both, shall be finalized and implemented in the upcoming fiscal year.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Beginning in the 2024–25 fiscal year, there will be opportunity for eligible providers to earn full quality incentive payments through one or more measures.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Beginning in the 2026–27 fiscal year, a provider shall be compliant with electronic visit verification, home- and community-based services rules, and applicable annual fiscal reviews and audit requirements as a condition of eligibility for the quality incentive program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The department shall develop a quality incentive payment structure for providers meeting the quality measures or benchmarks, or both, developed pursuant to paragraph (1). The department shall issue written directives to define the way quality incentive payments will be made to service providers based on quality measures or benchmarks, or both, developed and implemented under this subdivision.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The department shall determine each provider’s quality incentive payment percentage prior to the start of the fiscal year,
with the exception of the 2024–25 fiscal year, by measuring the provider’s performance against the quality measures or benchmarks for the most recently available reporting period. The department shall provide a written communication to the fiscal and policy committees of the Legislature that reports on the total amount of quality incentive payments estimated to be paid to providers pursuant to this section. This written communication shall be made as soon as is practicable, but no later than 60 days after the quality incentive payment percentages are determined and the providers are informed of their payments.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
On or before March 1, 2024, the department shall provide a status update to the Legislature regarding progress toward implementing rate reform and creating an enhanced person-centered, outcomes-based system. The status update may include, but is not limited to, information about all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Additional changes that may be necessary to effectively implement rate reform, including adding and amending statutes, regulations, and other departmental policies.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Compliance with rules of the federal Medicaid program, including the home- and community-based services final rule effective on March 17, 2014, and state compliance consistent with the current federal guidance, including all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A definition of what it means to be compliant with the rules of the federal Medicaid program.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Whether there are certain service categories that are unlikely to achieve compliance due to the structure of the service, and, if so, which categories this includes.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Data about
the total number of providers within each service category and the estimated number of providers that have not yet achieved compliance.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Program and system improvement efforts made as a result of the state’s home- and community-based services additional federal funding, including the one-time investment implemented beginning in the 2021–22 state fiscal year, including a description of how the department will build on the investments.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
For purposes of this section, “rate model” means a rate model included in the rate study submitted to the Legislature pursuant to Section 4519.8.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make
specific this section by means of written directives or similar instructions until regulations are adopted, which shall occur no later than June 30, 2028.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Implementation of this section is contingent upon the approval of federal funding.
</html:p>
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<ns0:BillSection id="id_EC22DE64-7B08-4AFF-8061-6766D7A4C6F6">
<ns0:Num>SEC. 63.</ns0:Num>
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Section 4520 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_9BB64EDB-9C1A-49D3-B028-787B43AE0C22">
<ns0:Num>4520.</ns0:Num>
<ns0:LawSectionVersion id="id_5C04196D-6120-4F32-92B8-C8FEDD0C1586">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A State Council on Developmental Disabilities with authority independent of any single state service agency is hereby created.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Legislature finds that in each of the 56 states and territories, the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 (Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.)) establishes State Councils on Developmental Disabilities that work to promote the core values of the act, including self-determination, independence, productivity, integration, and inclusion in all aspects of community life.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The Legislature finds that California’s State Council on Developmental Disabilities was established pursuant to the federal Developmental
Disabilities Assistance and Bill of Rights Act of 2000 to engage in advocacy, capacity building, and systemic change activities that are consistent with the policy contained in federal law and contribute to a coordinated, comprehensive system centered on persons eligible for regional center services and their families, and directed at persons eligible for regional center services and their families, that includes the provision of needed community services, individualized supports, and other forms of assistance that promote self-determination for individuals with developmental disabilities and their families. It is the intent of the Legislature that the state council independently exercise its authority and responsibilities
under federal law, expend its federal funding allocation, and exercise all powers and duties that may be necessary to carry out the purposes contained in applicable federal law.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The Legislature finds that the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 requires the council to promote certain principles that include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Individuals with developmental disabilities, including those with the most severe developmental disabilities, are capable of self-determination, independence, productivity, and integration and inclusion in all facets of community life, but often require the provision of community services, individualized supports, and other forms of assistance.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Individuals with developmental disabilities and their families have competencies, capabilities,
and personal goals that should be recognized, supported, and encouraged, and any assistance to these individuals should be provided in an individualized manner, consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of these individuals.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Individuals with developmental disabilities and their families are the primary decisionmakers regarding the services and supports these individuals and their families receive, including choosing where an individual lives from available options, and have decisionmaking roles in policies and programs that affect the lives of these individuals and their families.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Legislature finds that the state council faces unique challenges in ensuring access and furthering these principles due to the state’s size, diversity, and a service delivery system that promotes significant
local control.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Therefore, it is the intent of the Legislature that the state council, consistent with its authority and responsibilities under federal law, ensure that the council is accessible and responsive to the diverse geographic, racial, ethnic, and language needs of individuals with developmental disabilities and their families throughout California, which in part may, as determined by the state council, be achieved through the establishment of regional offices, the number and location of which may be determined by the state council.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This chapter, Chapter 3 (commencing with Section 4561), and Division 4.7 (commencing with Section 4900), are intended by the Legislature to secure full compliance with the requirements of the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 as amended and extended, which provides federal funds to assist the
state in planning, coordinating, monitoring, and evaluating services for persons with developmental disabilities and in establishing a system to protect and advocate the legal and civil rights of persons with developmental disabilities.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The state council may use funds and other moneys allocated to the state council in accordance with the purposes of the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000. This section does not preclude the state council from using moneys other than moneys provided through the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 in any manner consistent with applicable federal and state law.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_8F973D68-7A3D-4AEE-85A2-28B8216BFBAB">
<ns0:Num>SEC. 64.</ns0:Num>
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Section 4521 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_4610E403-D212-4F18-B515-9FAE83334ECB">
<ns0:Num>4521.</ns0:Num>
<ns0:LawSectionVersion id="id_15D90A23-691F-4FFC-AB1B-4EF36C333B7B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
All references to “council” or “state council” in this division shall be a reference to the State Council on Developmental Disabilities.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Developmental disability,” as used in this chapter, means a developmental disability as defined in Section 15002(8) of Title 42 of the United States Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
There shall be 31 voting members on the state council appointed by the Governor from among the residents of the state, as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Twenty members of the council shall be nonagency members who reflect the socioeconomic, geographic, disability, racial, ethnic, and language diversity
of the state, and who shall be persons with a developmental disability or their parents, immediate relatives, guardians, or conservators residing in California. Of the 20 members:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
At least seven members shall be persons with developmental disabilities.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
At least seven members shall be a person who is a parent, immediate relative, guardian, or conservator of a person with a developmental disability.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
At least one of the members shall be a person with a developmental disability who is a current or former resident of an institution or their immediate relative, guardian, or conservator.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
To ensure that state council membership is geographically representative, as required by federal law, the Governor shall appoint the members described in clauses (i) and (ii) of subparagraph (A) from the geographical area of each regional office, if regional offices have been established by the council. Each member described in clauses (i) and (ii) of subparagraph (A) may, in the discretion of the state council, serve as a liaison from the state council to persons eligible for regional center services and family members in the geographical area that they are
from.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Eleven members of the council shall include the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The Secretary of California Health and Human Services, or
their designee, who shall represent the agency and the state agency that administers funds under Title XIX of the Social Security Act for people with developmental disabilities.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The Director of Developmental Services or their designee.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The Director of Rehabilitation or their designee.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The Superintendent of Public Instruction or
their designee.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A representative from a nongovernmental agency or group concerned with the provision of services to persons with developmental disabilities.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
One representative from each of the three university centers for excellence in the state, pursuant to Section 15061 et seq. of Title 42 of the United States Code, providing training in the field of developmental services, or their designee. These individuals shall have expertise in the field of developmental disabilities.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The Director of Health Care Services or
their designee.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The executive director of the agency established in California to fulfill the requirements and assurance of Title I, Subtitle C, of the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 for a system to protect and advocate the rights of persons with developmental disabilities, or their designee.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The Director of the California Department of Aging or their designee.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Prior to appointing the members described in paragraph (1) of, and subparagraph (E) of paragraph (2) of, subdivision (b), the Governor shall consult with the current members of the council, including nonagency members of the council, and consider recommendations from organizations representing persons with a broad range of developmental disabilities, or persons interested in, or providing services to, or both, persons with developmental disabilities.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The term of each member described in paragraph (1) of, and subparagraph (E) of paragraph (2) of, subdivision (b) shall be for three years. The term of these members shall begin on the date of appointment by the Governor and these members shall serve no more than two terms.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A member may continue to serve following the expiration of
their term until the Governor appoints that member’s successor. The state council shall notify the Governor regarding membership requirements of the council and shall notify the Governor, in writing, immediately when a vacancy occurs prior to the expiration of a member’s term, at least six months before a member’s term expires, and when a vacancy on the council remains unfilled for more than 60 days.
</html:p>
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<ns0:Num>SEC. 65.</ns0:Num>
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Section 4521.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_B1900097-FD23-4351-BD34-621EAE9F2B55">
<ns0:Num>4521.5.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding Section 7.5 of the Government Code, each designee shall act as the member in their place and stead to all intents and purposes as though the director or secretary were personally present, including the right of the designee to be counted in constituting a quorum to participate in the proceeding of the state council and to vote upon any and all matters.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Each designee shall have the right to represent the director or secretary who appointed
them, regardless of the number of other designees representing directors or secretaries at a particular meeting or session of the state council. Each designee shall represent only one director or secretary at any meeting or session of the state council.
</html:p>
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<ns0:BillSection id="id_44E8023D-337B-45CC-8D07-F7C0E4043E87">
<ns0:Num>SEC. 66.</ns0:Num>
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Section 4521.6 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_EEAC099A-EDB8-4213-A8A1-D9C347D43243">
<ns0:Num>4521.6.</ns0:Num>
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<ns0:Content>
<html:p>For purposes of this chapter, the Governor’s appointment of the Secretary of Health and Human Services, the Director of the California Department of Aging, Director of Developmental Services, Director of Health Care Services, and Director of the Department of Rehabilitation shall also constitute their appointment as a member of the State Council on Developmental Disabilities.</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_059FD0A7-3C0A-40EA-A4EA-2B53CF57DCA7">
<ns0:Num>SEC. 67.</ns0:Num>
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Section 4525 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_81D08FFE-F152-4088-B0AB-BEF620C5BD63">
<ns0:Num>4525.</ns0:Num>
<ns0:LawSectionVersion id="id_188531BB-0298-42AF-8272-13DE05C61395">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
In order to prevent any potential conflicts of interest, members of the state council may not be employees of a state, local, or private agency or facility that provides services to persons with a developmental disability, or be members of the governing board of any entity providing the service, when the service is funded in whole or in part with state funds.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, “employees of a state, local, or private agency or facility that provides services to persons with a developmental disability” shall not be deemed to include any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A parent, relative, guardian or conservator, who receives public funds expressly for the purpose of providing direct
services to
their child, relative, ward or conservatee, respectively, who is a person with a developmental disability.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A person with a developmental disability who receives employment services through a provider receiving state or federal funds, or who receives funds directly to pay for their own services and supports.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A person who serves as a member of a regional advisory committee of the state council, established pursuant to Article 6.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section shall not apply to the appointments made pursuant to subparagraphs (A), (B), (C), (D), (F), (G), (H), and (I) of paragraph (2)
of subdivision (b) of Section 4521.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_2A930752-3236-4043-A0BB-179DE13E38F8">
<ns0:Num>SEC. 68.</ns0:Num>
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Section 4535 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_0975E092-C9DA-4216-9F48-FB6701E38EF2">
<ns0:Num>4535.</ns0:Num>
<ns0:LawSectionVersion id="id_66A6E3B2-7848-4FDA-8049-69BEA4D28733">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The state council shall meet at least six times per year, and, upon call of its chairperson, as often as necessary to fulfill its duties. All meetings and records of the state council shall be open to the public.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The state council shall, by majority vote of the voting members, elect its own chairperson and vice chairperson who shall have full voting rights on all state council actions, from among the appointed members, described in paragraph (1) of subdivision (b) of Section 4521. The council shall establish any committees it deems necessary or desirable. The chairperson shall appoint all members of committees of the state council. The chairs and vice chairs of the state council and its standing committees shall be individuals with a developmental
disability, or the parent, sibling, guardian, or conservator of an individual with a developmental disability.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The state council may appoint technical advisory consultants and may establish committees composed of professional persons serving persons with developmental disabilities as necessary for technical assistance. The state council may call upon representatives of all agencies receiving state or federal funds for assistance and information, and shall invite persons with developmental disabilities, their parents, guardians, or conservators, professionals, or members of the general public to participate on state council committees, when appropriate.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
When convening any task force or advisory group, the state council shall make its best effort to ensure representation by
persons eligible for regional center services and family members representing the state’s multicultural diversity.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_14D63BBB-1543-4C14-9329-DA2BC51E7A37">
<ns0:Num>SEC. 69.</ns0:Num>
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Section 4541 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_21ECCDEB-BB9E-4708-8F71-8CABDCFA53EF">
<ns0:Num>4541.</ns0:Num>
<ns0:LawSectionVersion id="id_1AC1B653-811C-42EB-AC7A-4739C08173E1">
<ns0:Content>
<html:p>The state council may, in its discretion, and in addition to the activities specified in subdivision (e) of Section 4540, implement the state plan by conducting activities that may include, but are not limited to, the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Appointing an authorized representative for persons with developmental disabilities according to all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
To ensure the protection of civil and service rights of persons with developmental disabilities, the state council may appoint a representative to assist the person in expressing their
desires and in making decisions and advocating
their needs, preferences, and choices, when the person with developmental disabilities has no parent, guardian, or conservator legally authorized to represent them and the person has either requested the appointment of a representative or the rights or interests of the person, as determined by the state council, will not be properly protected or advocated without the appointment of a representative.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
When there is no guardian or conservator, the individual’s choice, if expressed, including the right to reject the assistance of a representative, shall be honored. If the person does not express a preference, the order of preference for selection of the representative shall be the person’s parent,
involved family members, or a volunteer selected by the state council. In establishing these preferences, it is the intent of the Legislature that parents or involved family members shall not be required to be appointed guardian or conservator in order to be selected. Unless the person with developmental disabilities expresses otherwise, or good cause otherwise exists, the request of the parents or involved family members to be appointed the representative shall be honored.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Pursuant to this section, the state council shall appoint a representative to advocate the rights and protect the interest of a person residing in a developmental center for whom community placement is proposed pursuant to Section 4803. The representative may obtain the advocacy assistance of the regional center clients’ rights advocate.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Conducting public hearings and forums and the evaluation and
issuance of public reports on the programs identified in the state plan, as may be necessary to carry out the duties of the state council.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Identifying the denial of rights of persons with disabilities and informing the appropriate local, state, or federal officials of their findings, and assisting these officials in eliminating all forms of discrimination against persons with developmental disabilities in housing, recreation, education, health and mental health care, employment, and other service programs available to the general population.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Reviewing and commenting on pertinent portions of the proposed plans and budgets of all state agencies serving persons with developmental disabilities,
including, but not limited to, the State Department of Education, the Department of Rehabilitation, and the State Department of Developmental Services, and local agencies to the extent resources allow.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Promoting systems change and implementation by reviewing the policies and practices of publicly funded agencies that serve or may serve persons with developmental disabilities to determine if the programs are meeting their obligations, under local, state, and federal laws. If the state council finds that the agency is not meeting its obligations, the state council may inform the director and the governing board of the noncomplying agency, in writing, of its findings.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Within 15 days, the agency shall respond, in writing, to the state council’s findings. Following receipt of the agency’s response, if the state council continues to
find that the agency is not meeting its obligations, the state council may pursue informal efforts to resolve the issue.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If, within 30 days of implementing informal efforts to resolve the issue, the state council continues to find that the agency is not meeting its obligations under local, state, or federal statutes, the state council may conduct a public hearing to receive testimony on its findings.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The state council may take any action it deems necessary to resolve the problem.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Reviewing and publicly commenting on significant regulations proposed to be promulgated by any state agency in the implementation of this division.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Monitoring and evaluating the effectiveness of appeals procedures established in this division.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Providing testimony to legislative committees reviewing fiscal or policy matters pertaining to persons with developmental disabilities.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Conducting, or causing to be conducted, investigations or public hearings to resolve disagreements between state agencies, or between state and regional or local agencies, or between persons with developmental disabilities and agencies receiving state funds. These investigations or public hearings shall be conducted at the discretion of the state council only after all other appropriate administrative procedures for appeal, as established in state and federal law, have been fully utilized.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Any other activities prescribed in statute that are consistent with the purposes of the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 (Public Law 106-402 (42
U.S.C. Sec. 15001 et seq.)) and the state plan developed pursuant to subdivision (b) of Section 4540.
</html:p>
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<ns0:BillSection id="id_5EDDCE09-7E4C-4245-AEF7-4EFC3BF6F2D7">
<ns0:Num>SEC. 70.</ns0:Num>
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Section 4544 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_B2E90B32-C369-4598-A39C-EA69A646045F">
<ns0:Num>4544.</ns0:Num>
<ns0:LawSectionVersion id="id_6F8B91E9-BE0F-4A2C-886D-38B67678FCB7">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The state council may establish regional offices that are accessible to and responsive to the diverse geographic, ethnic, and language needs of persons eligible for regional center services and families throughout the state. As of January 1, 2015, regional offices of the state council in existence as of December 31, 2014, shall continue to exist, within the same geographic regions of the state.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Effective January 1, 2015, the state council shall have full authority to establish, maintain, and operate regional offices, including the
number and location of those offices.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
To ensure involvement of persons with developmental disabilities, their families, and other members of the public at the regional level and to ensure the responsiveness of the state council to the geographic, ethnic, and language diversity of the state, any regional office established by the state council may be advised by a regional advisory committee. As of January 1, 2015, advisory boards of the regional offices, known as area boards on developmental disabilities, in existence on December 31, 2014, shall thereafter be known as state council regional advisory committees.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
All references to “regional office” in this chapter shall be a reference to state council regional offices. All references to “regional advisory committees” in this chapter shall be a reference to state council regional advisory committees.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Any state council regional offices and advisory committees established by the state council shall be constituted and shall operate according to policies and procedures that may be established by the council.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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<ns0:BillSection id="id_946C0986-EC9B-444A-9B0A-A665E76D3FF4">
<ns0:Num>SEC. 71.</ns0:Num>
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Section 4548 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_3B58A4F0-825C-4883-BA1E-E1539E62648F">
<ns0:Num>4548.</ns0:Num>
<ns0:LawSectionVersion id="id_75136DCB-B230-4C88-B0F4-E21BB691B7CC">
<ns0:Content>
<html:p>Any regional advisory committee established shall, at the request of the state council, do all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Advise the state council and its regional office on local issues and identify and provide input regarding local systemic needs within its community.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Provide input and be a source of data for the state council to consider in the formulation of the state plan.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Provide public information programs for persons eligible for regional center services,
families, professional groups, and for the general public to increase professional and public awareness of areas identified in the state plan.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Engage in other activities as requested by the state council.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_DECC3123-E408-46FD-BAC5-40250B9C0206">
<ns0:Num>SEC. 72.</ns0:Num>
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Section 4551 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_DE5FBCB1-ACD4-4507-8D5F-383FA2E25EF3">
<ns0:Num>4551.</ns0:Num>
<ns0:LawSectionVersion id="id_AE8A78DD-8696-4302-A036-3025BAD27AEC">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Within the limit of funds allotted for these purposes, the state council shall appoint an executive director. All state council employees that the state council may require shall be appointed by the executive director.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The executive director of the state council shall be exempt from civil service. All state council staff positions exempt from civil service on December 31, 2014, shall remain exempt on January 1, 2015, and thereafter, until the position becomes vacant or is transitioned to a civil service position.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Each person who is a member of the state council staff, is exempt from civil service, and is employed by the state council on December 31, 2014, shall continue to be employed in
a job classification at the same or higher salary by the state council on January 1, 2015, and thereafter, unless they resign or are terminated from employment.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The state council may transition staff positions that were exempt from civil service on December 31, 2014, to civil service positions. Civil service positions shall be established for any positions that are transitioned pursuant to this subdivision.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding any other law, a person who was a state council employee exempt from civil service on December 31, 2014, shall be eligible to apply for civil service examinations, including promotional civil service examinations described in Section 18992 of
the Government Code. A person receiving a passing score shall have
their name placed on lists resulting from these examinations, or otherwise gain eligibility for appointment. In evaluating minimum qualifications, experience in state council exempt positions shall be considered state civil service experience in a class deemed comparable by the State Personnel Board, based on the duties and responsibilities assigned.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_72391129-8F19-407D-B90A-0DF69112BBA1">
<ns0:Num>SEC. 73.</ns0:Num>
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Section 4562 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_82BC081A-D74F-40F0-B748-6CD8476F9BBA">
<ns0:Num>4562.</ns0:Num>
<ns0:LawSectionVersion id="id_EEE06E62-022B-4830-BFAF-360E168BB032">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The state council shall conduct activities necessary to develop and implement the state plan in the various regions of the state.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The state plan and its implementation shall be responsive to the needs of the state’s diverse geographic, racial, ethnic, and language communities.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In preparing this plan, the council may utilize information provided by any regional offices and regional advisory committees of the state council, statewide and local entities, individuals with developmental disabilities, family members, and other interested parties, to help identify and prioritize actions needed to improve California’s system of services and supports for persons with developmental
disabilities.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The purpose of the plan shall be to ensure a coordinated and comprehensive system of community services and supports that is centered on and directed by persons eligible for regional center services and their families, and to enable individuals with developmental disabilities to exercise self-determination, independence, productivity, and to be integrated and included in all facets of community life.
</html:p>
</ns0:Content>
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<ns0:BillSection id="id_3383F43E-2051-49EC-8586-9336D466D792">
<ns0:Num>SEC. 74.</ns0:Num>
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Section 4571 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_DF874D0C-1AD7-44F9-B75B-D5CE67F09937">
<ns0:Num>4571.</ns0:Num>
<ns0:LawSectionVersion id="id_F593AD0F-5BDB-4415-A323-1D2C68B622A0">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
It is the intent of the Legislature to ensure the well-being of persons eligible for regional center services, taking into account their informed and expressed choices. It is further the intent of the Legislature to support the satisfaction and success of persons eligible for regional center services through the delivery of quality services and supports. Evaluation of the services that
persons eligible for regional center services receive is a key aspect to the service system. Utilizing the information that persons eligible for regional center services and their families provide about those services in a reliable and meaningful way is also critical to enable the department to assess the performance of the state’s developmental services system and to improve services for persons eligible for regional center services in the future. To that end, the State Department of Developmental Services, on or before January 1, 2010, shall implement an improved,
unified quality assessment system, in accordance with this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department, in consultation with stakeholders, shall identify a valid and reliable quality assurance instrument that assesses the satisfaction of persons eligible for regional center services and their families, provision of services in a linguistically and culturally competent manner, and personal outcomes. The instrument shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Provide nationally validated, benchmarked, consistent, reliable, and measurable data for the department’s Quality Management System.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Enable the department and
regional centers to compare the performance of California’s developmental services system against other states’ developmental services systems and to assess quality and performance among all of the regional centers.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Include outcome-based measures such as health, safety, well-being, relationships, interactions with people who do not have a disability, employment, quality of life, integration, choice, service, and the satisfaction of persons eligible for regional center services.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Include outcome-based measures to evaluate the linguistic and cultural competency of regional center services that are provided to
persons eligible for regional center services across their lifetimes.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
To the extent that funding is available, the instrument identified in subdivision (b) may be expanded to collect additional data requested by the State Council on Developmental Disabilities.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department shall contract with an independent agency or organization to implement, by January 1, 2010, the quality assurance instrument described in subdivision (b). The contractor shall be experienced in all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Designing valid quality assurance instruments for developmental service systems.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Tracking outcome-based measures such as health, safety, well-being, relationships, interactions with
people who do not have a disability, employment, quality of life, integration, choice, service, and
the satisfaction of persons eligible for regional center services.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Developing data systems.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Data analysis and report preparation.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Assessments of the services received by persons eligible for regional center services who are moved from developmental centers to the community, given the Legislature’s historic recognition of a special obligation to ensure the well-being of these persons.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Issues related to linguistic and cultural competency.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding any other law, the contract and any amendments pursuant to this section shall be exempt from all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The Public Contract Code, the State Contracting Manual, and the State Administration Manual.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The approval of the Department of General Services.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The approval of the Department of Technology.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The exemptions specified in paragraph (2) shall remain in effect until there is more than one available assessment that meets the criteria in subdivision (b) from an
organization that also meets the criteria in this subdivision.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department, in consultation with the contractor described in subdivision (d), shall establish the methodology by which the quality assurance instrument shall be administered, including, but not limited to, how often and to whom the quality assurance will be administered, and the design of a stratified, random sample among the entire population of
persons eligible for regional center services served by regional centers. The contractor shall provide aggregate information for all regional centers and the state as a whole. At the request of a person eligible for regional center services or the family member of a person eligible for regional center services, the survey shall be conducted in the primary language of the person eligible for
regional center services
or family member surveyed.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The department shall contract with the state council to collect data for the quality assurance instrument described in subdivision (b). If, during the data collection process, the state council identifies any suspected violation of the legal, civil, or service rights of a person eligible for regional center services, or if it determines that the health and welfare of a person eligible for regional center services is at risk, that information shall be provided immediately to the regional center
providing case management services to the
person eligible for regional center services. At the request of the person eligible for regional center services or family, when appropriate, a copy of the completed survey shall be provided to the regional center providing case management services to improve the quality of services of the person eligible for regional center services through the individual planning process.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The department, in consultation with stakeholders, shall annually review the data collected from and the findings of the quality
assurance instrument described in subdivision (b) and accept recommendations regarding additional or different criteria for the quality assurance instrument in order to assess the performance of the state’s developmental services system and improve services for persons eligible for regional center services.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Each regional center shall annually present data collected from, and the findings of, the quality assurance instrument described in subdivision (b) for that regional center, at a public meeting of its governing board in order to assess the comparative performance of the regional center and identify needed improvements in services for
persons eligible for regional center services, including, but not limited to, case management services. Notice of this meeting shall also be posted on the regional center’s internet website at least 30 days prior to the meeting and shall be sent to persons eligible for regional center services and families and individual stakeholders at least 30 days prior to the meeting. The governing board shall provide a sufficient public comment period so members of the public may provide comments. Each regional center, in holding the meeting required by this subdivision, shall ensure that the meeting and meeting materials provide language access, as required by state and federal law.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
All regional
center-specific reports generated by the department pursuant to this subdivision shall be made publicly available on the regional center’s internet website in a machine-readable format, but shall not contain any personal identifying information about any person assessed.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Within 60 days following its annual presentation, each regional center shall submit a report to the department regarding its implementation of the requirements of this section. The report shall include, but shall not be limited to, both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Copies of the presentation described in paragraph (1), minutes from the meeting, and attendee comments.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The regional center’s recommendations and plans to use the information to address regional center priorities, strategic directions to improve specific areas of performance, or both.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
All reports generated pursuant to this section shall be made publicly available, but shall not contain any personal identifying information about any person assessed.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
All data collected pursuant to subdivision (c) shall be provided to the state council, but shall not contain personal identifying information about the persons being surveyed.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Implementation of this section shall be subject to an annual appropriation of funds in the Budget Act for this purpose.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_0822FEEB-5287-4E1C-B79A-EF127021E6C3">
<ns0:Num>SEC. 75.</ns0:Num>
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Section 4572 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_4C39E765-6ED7-4583-A8DB-BB7947B11B27">
<ns0:Num>4572.</ns0:Num>
<ns0:LawSectionVersion id="id_A9B74637-2C1D-47D0-9D6D-BB8F63817CB3">
<ns0:Content>
<html:p>The State Department of Developmental Services shall develop and implement a plan to monitor, evaluate, and improve the quality of community-based services through the use of a performance dashboard. The department shall work with stakeholders, including, but not limited to, regional centers, advocates for persons eligible for regional center services, providers, and the Legislature, on the development of the dashboard. The dashboard shall be published annually and in a machine-readable format. Each regional center shall publish its own dashboard and shall post a link to the department’s dashboard on its internet website. The dashboard
shall include, but not be limited to, all of the following metrics:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Recognized quality and access measures.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Measures to indicate the movement toward compliance with the federal Home and Community-Based Services Waiver rules (CMS 2249-F and CMS 2296-F).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Measures to evaluate the changes in the number of persons eligible for regional center services who work in competitive integrated employment.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The number of complaints referred to the department pursuant to subdivision (c) of Section 4731, for every 1,000
persons eligible for regional center services
served, by each regional center.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The number of administrative fair hearings held pursuant to Article 3 (commencing with Section 4710) of Chapter 7, separated by eligibility and service issues, for individuals ages three and over, for every one thousand persons eligible for regional center services served, by each regional center.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_FA882707-D4B7-48C0-84C4-58221B67A6AF">
<ns0:Num>SEC. 76.</ns0:Num>
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Section 4580 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_D30B1732-5777-4E4A-B681-73C7DF58AFE4">
<ns0:Num>4580.</ns0:Num>
<ns0:LawSectionVersion id="id_9BE54B60-86E5-42C9-A5E7-2A281DCB3F86">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
More than 460,000 Californians who have intellectual and developmental disabilities are currently served at the State Department of Developmental Services’ 21 regional centers. Since 2019, the number of Californians served by the state’s developmental services system has grown by 31 percent, with significant growth among young people of color under 22 years of age who have an autism diagnosis.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The experiences and outcomes of Californians served by the state’s developmental services system impact not only people with disabilities, but also their families and local communities.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
California is the only state in the nation that provides developmental services and supports as an entitlement, with an intentional focus on home- and community-based services.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Over the last decade, California and the federal government have prioritized the inclusion of people with intellectual and developmental disabilities in their communities, while avoiding institutional settings.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Individuals receiving services through California’s developmental services system are often deeply connected to other health and social systems. Across the state, people with intellectual and developmental disabilities and their families rely on services provided through multiple state and local entities, including, but not limited to, the State Department of Developmental Services, the State Department of Health Care Services, the California Department of Aging, the State
Department of Social Services, the Department of Rehabilitation, and the State Department of Education.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Multiple entities have issued reports identifying opportunities for improving
experiences of a person eligible for regional center services and the provision of developmental services, including the California State Auditor’s Office in 2021 and the Little Hoover Commission in 2023.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
These reports and other research studies have identified the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
There are wide racial, ethnic, and geographic disparities in the access to services provided in the developmental services system, as measured by purchase of service spending.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Experiences of a person eligible for regional center services vary significantly across the 21
regional centers, reflecting variation in policies and processes across the regional centers.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
There are challenges faced by individuals and families navigating programs or systems that provide “generic” services and that are required to be accessed by persons eligible for regional center services before receiving funded services through a regional center.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For several years, staffing models have led to many regional centers assigning more
persons eligible for regional center services to each service coordinator than authorized by statutory staffing requirements, which has limited the abilities of service coordinators to assist individuals and families in accessing services.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The Secretary of California Health and Human Services appointed members of the Master Plan for Developmental Services Committee for a one-year term, with the intent that they collectively deliver a master plan by March of 2025.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
In 2024, the California Health and Human Services Agency will engage in outreach activities such as roundtable discussions and focus groups in communities across the state to learn about the lived experiences of individuals with intellectual and developmental disabilities, their families, and system partners.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
It is the intent of the Legislature in enacting this chapter that a Master Plan for Developmental Services is developed that strengthens accessibility, quality, and equity of the developmental services system for all persons eligible for regional center services and their families, regardless of their language spoken, demographic group, geographic region, or socioeconomic status, and improves the accountability and transparency of the systems supporting them.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_925193BC-E3E4-4C7A-BD00-502F4FF79999">
<ns0:Num>SEC. 77.</ns0:Num>
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Section 4620.2 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_DA397575-6DBF-4347-A1A8-E786980E082C">
<ns0:Num>4620.2.</ns0:Num>
<ns0:LawSectionVersion id="id_73B1774E-B31D-4AB3-847B-F10C5DD11F67">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The State Department of Developmental Services, after consultation with stakeholder groups, shall develop a system of enrollment fees, copayments, or both, to be assessed against the parents of each child between 3 and 17 years of age, inclusive, who lives in the parent’s home and receives services purchased through a regional center. This system shall be submitted to the Legislature on or before April 1, 2004, immediately prior to the fiscal year in which the system is to be implemented, and as a part of the
Governor’s proposed 2004–05 budget or subsequent legislation.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department, after consultation with stakeholder groups, shall submit a detailed plan for implementing a parental copayment system for children receiving services purchased through a regional center. This plan shall be submitted to the Legislature by April 1, 2004.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The plan submitted on or before April 1, 2004, pursuant to subdivision (b), and any resources requested in the 2004–05 Governor’s Budget and related authority may be subsequently modified during the legislative review process.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The parental copayment system shall only be applicable to families that have adjusted gross family incomes of over 200 percent of the federal poverty level and that have a child who meets all of the following criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The child is receiving services purchased through a regional center.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The child is living at home.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The child is not otherwise eligible to receive services provided under the Medi-Cal program.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The child is at least three years of age and not more than 17 years of age.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department’s plan shall address, at a minimum, all of the following components for the development of a parental copayment system:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Description of the families and children affected, including those families with more than one child as described under subdivision (d).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Privacy issues and potential safeguards regarding the families’ income, the children’s regional center clinical records, and related matters.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Schedule of parental copayments and any other related assessments, and criteria or service thresholds for which these copayments and assessments are based.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The options for a sliding scale for the schedule of parental copayments based on family income and family size.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Proposed limits on parental cost sharing.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
An exemption process for families who are experiencing financial
hardships and may need deferral or waiver of any copayments or assessments.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
An appeal process for families who may dispute the level of copayment or assessments for which they are billed.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The specific methods and processes to be used by the department, a regional
center, or other responsible party, for the collection of all parental copayments and assessments.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Any potentials for the disruption of services to applicable
persons eligible for regional center services
due to the implementation of a parental copayment system.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The estimated amount of revenues to be collected and any applicable assumptions made for making this determination.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Any estimate related to a slowing of the trend in the growth for regional center services due to the implementation of a parental copayment system.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
A comparison to how the State Department of Health Care Services and other state agencies utilize personal information to manage the delivery of benefits and assessment of copayments.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
A recommendation on whether the parental copayment system should be centralized at the department or
decentralized in the regional centers and the basis for this recommendation.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
The estimated cost for implementing a parental copayment system, including any costs associated with consultant contracts, state personnel, revenue collection, computer system processing, regional center operations, or any other cost factor that would need to be included in order to capture all estimated costs for implementation.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
The timeframe for which the parental copayment system is to be implemented.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In order for the department to develop a detailed plan for the implementation of a parental copayment system, the department shall collect information from selected families. In order to be cost efficient and prudent regarding the collection of information, the department may conduct a survey of only
those families known to have children not eligible for the Medi-Cal program. The survey instrument may only be used for the sole purpose of obtaining information that is deemed necessary for the development of a parental copayment system, including the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A family’s annual adjusted gross family income.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The number of family members dependent on that income.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The number of children who meet the criteria specified in subdivision (d).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Results of the survey in the aggregate shall be provided to the Legislature as part of the department’s plan as required by subdivision (a).
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_4640C3CE-DBC3-4F83-AC2E-5D898326C599">
<ns0:Num>SEC. 78.</ns0:Num>
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Section 4620.3 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_9F809674-8A5C-4AE3-922F-A37EE0A71322">
<ns0:Num>4620.3.</ns0:Num>
<ns0:LawSectionVersion id="id_A8E8548A-C1D3-464C-B315-038AB8A9867C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
To provide more uniformity and consistency in the administrative practices and services of regional centers throughout the state, promote appropriateness of services, maximize efficiency of funding, address the state budget deficit, ensure consistency with Lanterman Act values, maintain the entitlement to services, and improve cost-effectiveness, the department, in collaboration with stakeholders, shall develop best practices for the administrative management of regional centers and for regional centers to use when purchasing services for persons eligible for regional center services and families.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In developing regional center administrative management best practices, the department shall consider the establishment of policies and procedures to ensure prudent fiscal and program management by regional centers; effective and efficient use of public resources; consistent practices to maximize the use of federal funds; detection and prevention of fraud, waste, and abuse; and proper contracting protocols.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In developing purchase of services best practices, the department shall consider eligibility for the service; duration of service necessary to meet objectives set in an individual program plan; frequency and efficacy of the service necessary to meet objectives in an individual program plan; impact on community integration; service providers’ qualifications and performance; rates;
responsibilities of parents and persons eligible for regional center services pursuant to Sections 4646.4, 4659, and 4677 of this code and Section 95004 of the Government Code; and self-directed service options.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department shall ensure that implementation of best practices that impact individual services and supports are made through the individual program planning process provided for in this division or an individualized family service plan pursuant to Section 95020 of the Government Code, and that persons eligible for regional
center services
and families are notified of any exceptions or exemptions to the best practices and their appeal rights established in Section 4701.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Purchase of services best practices developed pursuant to this section may vary by service category and may do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Establish criteria determining the type, scope, amount, duration, location, and intensity of services and supports purchased by regional centers for persons eligible for regional center services and their families.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Modify payment rates.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Reflect
the responsibilities of persons eligible for regional center services and their families pursuant to Sections 4646.4, 4659, and 4677 of this code and Section 95004 of the Government Code.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Purchase of services best practices shall include provisions for exceptions to ensure the health and safety of the person eligible for regional center services or to avoid out-of-home placement or institutionalization.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Best practices developed pursuant to this section shall not do either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Endanger
the health or safety of a person eligible for regional center services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Compromise the state’s ability to meet its commitments to the federal Centers for Medicare and Medicaid Services for participation in the Home and Community-Based Services Waiver or other federal funding of services for persons with developmental disabilities.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The department shall submit the proposed best practices to the fiscal and applicable policy committees of the Legislature by no later than May 15, 2011. This submission shall include a description of the process followed to collaborate with system stakeholders; the anticipated impact of the best practices, coupled with prior reductions on
persons eligible for regional center services, families, and providers; estimated cost savings associated with each practice; and draft statutory language necessary to implement the best practices. Implementation of the best practices shall take effect only upon subsequent legislative enactment.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D581EE1B-3088-443C-9F9D-8B4DE27B6533">
<ns0:Num>SEC. 79.</ns0:Num>
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Section 4620.4 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_6112AF42-9B8A-4B82-B38A-B23B64FBD9D4">
<ns0:Num>4620.4.</ns0:Num>
<ns0:LawSectionVersion id="id_CC7BF161-AC54-45E3-97A4-433D8A949C13">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Legislature finds and declares that more than a quarter of Californians are foreign born, and more than 10 percent of the state’s population speaks English “not well” or “not at all.” Access to accurate, timely, understandable, and culturally sensitive and competent information and referral services for these communities is a critical need. A review of 2018-19 purchase of service expenditures reflects the following average per capita expenditures for all age groups by ethnicity, illustrating existing disparity gaps in the developmental services system:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Twenty-seven thousand nine hundred thirty-one dollars ($27,931) for individuals who are White.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Twenty-two
thousand nine hundred fourteen dollars ($22,914) for individuals who are Black or African American.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Fourteen thousand eight hundred thirty-six dollars ($14,836) for individuals who are Asian.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Eleven thousand seven hundred sixty dollars ($11,760) for individuals who are Latinx or Hispanic.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Language access and culturally competent services are critical components to advance health and human services equity and improve outcomes for all Californians served under the Lanterman Act.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The State Department of Developmental Services shall administer an enhanced language access and cultural competency initiative for individuals with developmental disabilities, their caregivers, and their family members. The department shall require regional centers
to implement this initiative through its contracts pursuant to Section 4640.6. The primary goal is to improve quality and facilitate more consistent access to information and services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Allowable uses of the funds provided to regional centers include, but are not limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Identification of vital documents and internet website content for translation, as well as points of public contact in need of oral and sign language interpretation services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Orientations and specialized group and family information sessions with ample and publicized question and answer periods, scheduled at times considered most convenient for working families and in consultation with community leaders.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Regular and periodic language needs
assessments to determine threshold languages for document translation.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Coordination and streamlining of interpretation and translation services.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Implementation of quality control measures to ensure the availability, accuracy, readability, and cultural appropriateness of translations.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The use of these funds shall not supplant any existing efforts or funds for similar purposes, but are intended to augment and provide maximum additional benefit to the greatest number of persons served, their caregivers, and their families.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department shall report annually, beginning January 10, 2022, as part of the Governor’s Budget and the May Revision, how these funds are being utilized and what remaining needs for language access and culturally
competent services are identified by people served, the community, and regional centers as the initiative implements.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Subject to an appropriation by the Legislature, regional centers shall receive specialized funding allocations to facilitate applications for payments authorized to protect the health and safety of persons eligible for regional center services, pursuant to paragraph (1) of subdivision (a) of Section 4681.6, for non-English-speaking individuals served. Funded activities shall include specialized outreach and case management services toward identifying which individuals might have an unaddressed need for a health and
safety waiver and assisting with guiding individuals through the application process to meet those needs. Regional centers shall track the number of individuals served through this effort and provide this information to the department on at least an annual basis.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_5CE178E7-4458-49AA-9AFF-3741BDE56D2B">
<ns0:Num>SEC. 80.</ns0:Num>
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Section 4620.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_2D839B7F-3E8B-490B-9F65-9F0D8CDE9987">
<ns0:Num>4620.5.</ns0:Num>
<ns0:LawSectionVersion id="id_EFB812FF-3E8E-4387-A5C6-D48216E821DC">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Beginning as early as possible after July 1, 2021, but no later than September 1, 2021, the department shall convene a workgroup, which shall be composed of individuals described under subdivision (b), to make recommendations to the department for the development of standard performance improvement indicators and benchmarks to incentivize high-quality regional center operations.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The director shall appoint members to the stakeholder group and shall consider all of the following individuals to serve as members of that group:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Individuals or consultants with expertise in developing performance indicators and incentive programs within developmental disability systems or community-based
long-term services and supports systems.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Persons eligible for regional center services and families across different geographic regions of the state, who have diverse racial and ethnic backgrounds, diverse age groups, and disabilities.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Regional center representatives.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Service providers.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Representatives of other state agencies or entities with whom the department routinely collaborates for the coordination of services for people with developmental
disabilities, and who additionally have expertise in setting or reporting indicators and benchmarks, including reporting to the federal Centers for Medicare and Medicaid Services.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Representatives of California’s University Centers for Excellence in Developmental Disabilities, the State Council on Developmental Disabilities, the protection and advocacy agency specified in Division 4.7 (commencing with Section 4900), and advocacy groups for persons eligible for regional center services and their families.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
By January 10, 2022, as part of the Governor’s Budget, the department shall provide a status update based on recommendations provided by the
stakeholder workgroup, with an additional status update at the time of the Governor’s May Revision. These recommendations may include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Priority areas for performance indicators and benchmarks, including, but not limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Equity in service access and purchase of services.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Employment and associated metrics for persons eligible for regional center services.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Integration of persons eligible for regional center services in the community.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Person-centered planning.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Compliance with federal home and community-based standards.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Experience and satisfaction for persons
eligible for regional center services and their families.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Innovation in service availability and delivery.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Surveys or other measures to assess the experience, satisfaction, and recommendations of persons eligible for regional center services and their families, in addition to the use of data available through the National Core Indicators.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Benchmarks, and a method for establishing benchmarks, to create meaningful comparisons and understanding of variation in performance within and between regional centers.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Measures under development or already implemented by federal funding
agencies for long-term services and supports, home and community-based services, incentive payments, required reporting, and the efficient and effective implementation of performance improvement systems.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Additional criteria for demonstrating performance improvement, including improvement beyond benchmarks.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The methodology, structure, and types of incentives to be used, including, if appropriate, a payment schedule and implementation timeline, for incentive payments to regional centers to achieve or exceed performance benchmarks. This methodology and structure shall include how the department shall take into consideration variations among regional centers, expectations for regional center community engagement activities, and any significant demographic, including economic or other differences, impacting a regional center’s performance and how the department might build the
identified benchmarks into regional center performance contracts.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A process, based on the input from regional centers and other stakeholders, the department shall use on at least an annual basis to evaluate the success of a quality improvement process, including any incentive payment program.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_47A689B6-0FA8-4E49-BC4E-FD5ACB2CB3AD">
<ns0:Num>SEC. 81.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4622.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4622 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_CBD8BD22-687B-4059-9573-B88A5D3A932E">
<ns0:Num>4622.</ns0:Num>
<ns0:LawSectionVersion id="id_1A8C0B70-C0E7-4F07-A868-7AB3950678A2">
<ns0:Content>
<html:p>The state shall contract only with agencies, the governing boards of which conform to all of the following criteria:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The governing board shall be composed of individuals with demonstrated interest in, or knowledge of, developmental disabilities.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The membership of the governing board shall include persons with legal, management or board governance, financial, and developmental disability program expertise. Board governance expertise may not be acquired solely by serving on a regional center board. The governing board of the regional center shall include members with financial expertise and members with management or board governance expertise by August 15, 2020.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The membership of the governing board shall include representatives of the various categories of disability to be served by the regional center.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The governing board shall reflect the geographic and ethnic characteristics of the area to be served by the regional center.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A minimum of 50 percent of the members of the governing board shall be persons with developmental disabilities or their parents or legal guardians. No less than 25 percent of the members of the governing board shall be persons with developmental disabilities.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Members of the governing board shall not be permitted to serve more than seven years within each eight-year period.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The regional center shall provide necessary training and
support to these board members to facilitate their understanding and participation, including issues relating to linguistic and cultural competency.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
As part of its monitoring responsibility, the department shall review and approve the method by which training and support are provided to board members to ensure maximum understanding and participation by board members.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Each regional center shall post on its internet website information regarding the training and support provided to board members.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The governing board may appoint an advisory committee
for persons eligible for regional center services composed of persons with developmental disabilities representing the various categories of disability served by the regional center.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The governing board shall appoint an advisory committee composed of a wide variety of persons representing the various categories of providers from which the regional center purchases client services. The advisory committee shall provide advice, guidance, recommendations, and technical assistance to the regional center board in order to assist the regional center in carrying out its mandated functions. The advisory committee shall designate one of its members to serve as a member of the regional center board.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The
governing board shall annually review the performance of the director of the regional center.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The governing board shall annually review the performance of the regional center in providing services that are linguistically and culturally appropriate and may provide recommendations to the director of the regional center based on the results of that review.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
A member of the board who is an employee or member of the governing board of a provider from which the regional center purchases client services shall not do any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Serve as an officer of the board.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Vote on any fiscal matter affecting the purchase of services from any regional center provider.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Vote on any issue other than as described in paragraph (2), in which the member has a financial interest, as defined in Section 87103 of the Government Code, and determined by the regional center board. The member shall provide a list of the member’s financial interests, as defined in Section 87103, to the regional center board.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
This section does not prevent the appointment to a regional center governing board of a person who meets the criteria for more than one of the categories listed above.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D60D982A-ADE0-445A-9000-6FBD89BE8D24">
<ns0:Num>SEC. 82.</ns0:Num>
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Section 4626 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_62A28539-7233-4838-B628-A564BDE0F68B">
<ns0:Num>4626.</ns0:Num>
<ns0:LawSectionVersion id="id_FE479E63-3052-4D11-9A57-F8F879203A56">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall give a very high priority to ensuring that regional center board members and employees act in the course of their duties solely in the best interest of
persons eligible for regional center services and their families without regard to the interests of any other organization with which they are associated or persons to whom they are related. Board members, employees, and others acting on the regional center’s behalf, as defined in regulations issued by the department, shall be free from conflicts of interest that could adversely influence their judgment, objectivity, or loyalty to the regional center, the persons eligible for regional center services that it serves, or its mission.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In order to prevent potential conflicts of interest, a member of the
governing board or member of the program policy committee of a regional center shall not be any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An employee of the State Department of Developmental Services or any state or local agency that provides services to a
person
eligible for regional center services if employed in a capacity that includes administrative or policymaking responsibility, or responsibility for the regulation of the regional center.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An employee or a member of the state council or a state council regional advisory committee.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Except as otherwise provided in subdivision (h) of Section 4622, an employee or member of the governing board of any entity from which the regional center purchases services for
persons eligible for regional center services.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Any person who has a financial interest, as defined in Section 87103 of the Government Code, in regional center operations, except as a
person eligible for regional center services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A person with a developmental disability who receives employment services through a regional center provider shall not be precluded from serving on the governing board of a regional center based solely upon receipt of these employment services.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department shall ensure that no regional center employee or board member has a conflict of interest with an entity that receives regional center funding, including, but not limited to, a nonprofit housing organization and an organization qualified under Section 501(c)(3) of the Internal Revenue Code, that actively functions in a supporting relationship to the regional center.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department shall develop and publish a standard conflict-of-interest reporting statement. The
conflict-of-interest statement shall be completed by each regional center governing board member and each regional center employee specified in regulations, including, at a minimum, the executive director, every administrator, every program director, every service coordinator, and every employee who has decisionmaking or policymaking authority or authority to obligate the regional center’s resources.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Every new regional center governing board member and regional center executive director shall complete and file the conflict-of-interest statement described in subdivision (e) with their respective governing board within 30 days of being selected, appointed, or elected. Every new regional center employee referenced in subdivision (e) and every
current regional center employee referenced in subdivision (e) accepting a new position within the regional center shall complete and file the conflict-of-interest statement with their respective regional center within 30 days of assuming the position.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Every regional center board member and regional center employee referenced in subdivision (e) shall complete and file the conflict-of-interest statement by August 1 of each year.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Every regional center board member and regional center employee referenced in subdivision (e) shall complete and file a subsequent conflict-of-interest statement upon any change in status that creates a potential or present conflict of interest. For
the purposes of this subdivision, a change in status includes, but is not limited to, a change in financial interests, legal commitment, regional center or board position or duties, or both, or outside position or duties, or both, whether compensated or not.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The governing board shall submit a copy of the completed conflict-of-interest statements of the governing board members and the regional center executive director to the department within 10 days of receipt of the statements.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
A person who knowingly provides false information on a conflict-of-interest statement required by this section shall be subject to a civil penalty in an amount up to fifty thousand dollars ($50,000), in addition to any civil remedies available to the department. An action for a civil penalty under this provision may be brought by the department or any public prosecutor in the name of the people of
the State of California.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The director of the regional center shall review the conflict-of-interest statement of each regional center employee referenced in subdivision (e) within 10 days of receipt of the statement. If a potential or present conflict of interest is identified for a regional center employee that cannot be eliminated, the regional center shall, within 30 days of receipt of the statement, submit to the department a copy of the conflict-of-interest statement and a plan that proposes mitigation measures, including timeframes and actions the regional center or the employee, or both, will take to mitigate the conflict of interest.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
The department and the regional center governing board shall review the conflict-of-interest statement of the regional center executive director and each regional center board member to ensure that no conflicts of interest exist. If a
present or potential conflict of interest is identified for a regional center director or a board member that cannot be eliminated, the regional center governing board shall, within 30 days of receipt of the statement, submit to the department and the state council a copy of the conflict-of-interest statement and a plan that proposes mitigation measures, including timeframes and actions the regional center governing board or the individual, or both, will take to mitigate the conflict of interest.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_FDFF75D0-581A-4E95-A889-1A4261D66EB5">
<ns0:Num>SEC. 83.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4626.5.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4626.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_17529067-D31B-4825-B135-6BA150FBE086">
<ns0:Num>4626.5.</ns0:Num>
<ns0:LawSectionVersion id="id_125C1A10-B8BA-48BE-879B-B97E5DCDC2C2">
<ns0:Content>
<html:p>Each regional center shall submit a conflict-of-interest policy to the department by July 1, 2011, and shall post the policy on its internet website by August 1, 2011. The policy shall do, or comply with, all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Contain the elements of this section and be consistent with applicable law.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Define conflicts of interest.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Identify positions within the regional center required to complete and file a conflict-of-interest statement.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Facilitate disclosure of information to identify conflicts of interest.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Require candidates for nomination, election, or appointment to a regional center board, and applicants for regional center director to disclose any potential or present conflicts of interest prior to being appointed, elected, or confirmed for hire by the regional center or the regional center governing board.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Require the regional center and its governing board to regularly and consistently monitor and enforce compliance with its conflict-of-interest policy.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Prohibit a regional center employee from accepting a gift or gifts from a service provider or a person eligible for regional center services or their family that is
valued over fifteen dollars ($15) per year.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Establish a policy prohibiting regional center senior staff from hiring relatives at the center or any ancillary foundation and organization. The policy shall be included in the regional center contract and shall be included in training of the governing board.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_092780FE-2ABE-4FFF-BB27-3FBDAB219730">
<ns0:Num>SEC. 84.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4627.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4627 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B700D4ED-C61E-4825-9124-FF7D458C2904">
<ns0:Num>4627.</ns0:Num>
<ns0:LawSectionVersion id="id_5A3F5764-904D-4B17-A90D-BF5F13B3D8E0">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The director of the department shall adopt and enforce conflict-of-interest regulations to ensure that members of the governing board, program policy committee, and employees of the regional center make decisions with respect to the regional centers that are in the best interests of the persons eligible for regional center services that are served by the regional center and their families.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department shall monitor and ensure the regional
centers’ compliance with this section and Sections 4626 and 4626.5. Failure to disclose information pursuant to these sections and related regulations may be considered grounds for removal from the board or for termination of employment.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department shall adopt regulations to develop standard conflict-of-interest reporting requirements.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department shall adopt emergency regulations to implement this section and Sections 4626 and 4626.5 by May 1, 2011. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.9 of the Government Code, and the department is hereby exempted from that requirement. For purposes of subdivision (e) of Section 11346.1 of the Government Code, the 120-day
period, as applicable to the effective period of an emergency regulatory action and submission of specified materials to the Office of Administrative Law, is hereby extended to 180 days.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department shall adopt regulations to implement the terms of subdivision (d) through the regular rulemaking process pursuant to Sections 11346 and 11349.1 of the Government Code within 18 months of the adoption of emergency regulations pursuant to subdivision (d).
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_3D03D9C2-94D5-46F2-A620-3B44AC93F0B6">
<ns0:Num>SEC. 85.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4629.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4629 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_07A544C3-B7DC-4775-8702-F58BDB525B7F">
<ns0:Num>4629.</ns0:Num>
<ns0:LawSectionVersion id="id_87D3F559-F9C6-40D3-AA95-8A715D2B0A52">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The state shall enter into five-year contracts with regional centers, subject to the annual appropriation of funds by the Legislature.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The contracts shall include a provision requiring each regional center to render services in accordance with applicable provision of state laws and regulations.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The contracts shall include annual performance objectives that the department determines are necessary to ensure each regional center is complying with the requirement specified in subdivision (b), including, but not limited to, objectives that do both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Be specific, measurable, and
designed to do all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Assist
persons eligible for regional center services to achieve life quality outcomes.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Achieve meaningful progress above the current baselines.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Develop services and supports identified as necessary to meet identified needs, including culturally and linguistically appropriate services and supports.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Measure progress in reducing disparities and improving equity in purchase of service expenditures.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Measure progress, and report outcomes, in implementing the Employment First Policy, which may include, but are not limited to, measures addressing both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Establishment of local partnership agreements between regional
centers, local educational agencies, and the Department of Rehabilitation districts.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The provision of information to
persons eligible for regional center services regarding the Employment First Policy, opportunities for employment, and available supports to achieve integrated competitive employment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Be developed through a public process as described in the department’s guidelines that includes, but is not limited to, all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Providing information, in an understandable form, to the community about regional center services and supports, including budget information and baseline data on services and supports and regional center operations.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Conducting a public meeting where participants can provide input on performance objectives and using focus groups or surveys to collect information from the community.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Circulating a draft of the performance objectives to the community for input prior to presentation at a regional center board meeting where additional public input will be taken and considered before adoption of the objectives.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In addition to the performance objectives developed pursuant to this section, the department may specify in the performance contract additional areas of service and support that require development or enhancement by the regional center. In determining those areas, the department shall consider public comments from individuals and organizations within the regional center catchment area, the distribution of services and supports within the regional center catchment area, and review how the availability of services and supports in the regional area catchment area compares with other regional center catchment areas.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Each contract with a
regional center shall specify steps to be taken to ensure contract compliance, including, but not limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Incentives that encourage regional centers to meet or exceed performance standards.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Levels of probationary status for regional centers that do not meet, or are at risk of not meeting, performance standards. The department shall require that corrective action be taken by any regional center that is placed on probation. Corrective action may include, but is not limited to, mandated consultation with designated representatives of the Association of Regional Center Agencies or a management team designated by the department, or both. The department shall establish the specific timeline for the implementation of corrective action and monitor its implementation. When a regional center is placed on probation, the department shall provide the state
council and the clients’ rights advocacy contractor identified in Section 4433 with a copy of the correction plan, timeline, and any other action taken by the department relating to the probationary status of the regional center.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
In order to evaluate the regional center’s compliance with its contract performance objectives and legal obligations related to those objectives, the department shall do both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Annually assess each regional center’s achievement of its previous year’s objectives and make the assessment, including baseline data and performance objectives of the individual regional centers, available to the public. The department may make a special commendation of the regional centers that have best engaged the community in the development of contract performance objectives and have made the most meaningful progress in meeting or exceeding contract
performance objectives.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Regularly monitor the activities of the regional center to ensure compliance with the provisions of its contracts, including, but not limited to, reviewing all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The regional center’s public process for compliance with the procedures set forth in paragraph (2) of subdivision (c).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Each regional center’s performance objectives for compliance with the criteria set forth in paragraphs (1) and (2) of subdivision (c).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Any public comments on regional center performance objectives sent to the department or to the regional centers, and soliciting public input on the public process and final performance standards.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Beginning May 1, 2020, and annually thereafter, each regional center’s governing board shall hold one or more public meetings regarding its prior year’s contract performance objectives and outcomes. The meetings may be held separately from meetings held pursuant to Section 4660. The regional center shall provide individuals attending these meetings with data and any associated information to facilitate discussion and community input. Regional centers shall inform the department that a meeting has been scheduled at least 30 days prior to the meeting. Notice of the meetings shall also be posted on the regional center’s internet website at least 30 days prior to the meeting and shall be sent to persons eligible for regional center services and
their families and individual stakeholders at least 30 days prior to the meeting. Each regional center, in holding the meetings required by this subdivision, shall ensure that the meetings and meeting materials provide language access, as required by state and federal law, and shall schedule the meetings at times and locations designed to promote attendance by the public. To encourage participation by diverse language, racial, and ethnic communities, the regional center shall consider strategies to promote opportunities for public comment.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Each regional center governing board shall report to the department regarding the outcomes of each public meeting held pursuant to paragraph (1) within 90 days of the meeting. The report shall include, but shall not be limited to, both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Copies of minutes from each meeting and
comments obtained from other strategies utilized to provide opportunities for public comment from diverse language, racial, and ethnic communities.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The regional center’s recommendations and a plan to address areas where improvement is needed.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The renewal of each contract shall be contingent upon compliance with the contract, including, but not limited to, the performance objectives and achievement of sufficient progress towards meeting the requirements of any corrective action plan imposed by the state, as determined through the department’s evaluation.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_0BECE3B7-628E-4AED-A42B-FD9477357C46">
<ns0:Num>SEC. 86.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4629.5.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4629.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_E2025025-726D-45C6-A051-C04926EA17CF">
<ns0:Num>4629.5.</ns0:Num>
<ns0:LawSectionVersion id="id_DA2E6A1F-6A49-44D3-86DE-39C27BEEEA83">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
In addition to the requirements set forth in Section 4629, the department’s contract with a regional center shall require the regional center to adopt, maintain, and post on its internet website a board-approved policy regarding transparency and access to public information. The transparency and public information policy shall provide for timely public access to information, including, but not limited to, information regarding requests for proposals and contract awards, service provider rates, documentation related to establishment of negotiated rates, audits, and IRS Form 990. The transparency and public information policy shall be in compliance with applicable law relating to the confidentiality of service information and
records of a person eligible for regional center services, including, but not limited to, Section 4514.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
To promote transparency, each regional center shall include on its internet website, as expeditiously as possible, at least all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Regional center annual independent audits.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Biannual fiscal audits conducted by the department.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Regional center annual reports pursuant to Section 4639.5.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Contract awards, including the organization or entity awarded the contract, and the amount and purpose of the award.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Purchase of service policies and any other
policies, guidelines, or regional center-developed assessment tools used to determine the transportation, personal assistant, or independent or supported living service needs of a
person eligible for regional center services.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The names, types of service, and contact information of all vendors, except persons eligible for regional center services or their families.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Board meeting agendas and approved minutes of open meetings of the board and all committees of the board.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Bylaws of the regional center governing board.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The annual performance contract and yearend performance contract entered into with the department pursuant to this division.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The biannual Home and Community-based Services Waiver program review conducted by the department and the State Department of Health Care Services.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
The board-approved transparency and public information policy.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
The board-approved conflict-of-interest policy.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Reports required pursuant to Section 4639.5.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
A link to the page on the department’s internet website, specified in subdivision (d).
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
The salaries, wages, and employee benefits for all managerial positions for which the primary purpose is the administrative management of the regional center, including, but not limited to, directors and chief
executive officers.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
Regional center-specific reports generated pursuant to, and for the purposes of, subdivision (h) of Section 4571.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department shall establish and maintain a transparency portal on its internet website that allows
persons eligible for regional center services, families, advocates, and others to access provider and regional center information. Posted information on the department’s internet website transparency portal shall include, but need not be limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A link to each regional center’s internet website information referenced in subdivision (b).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Biannual fiscal audits conducted by the department.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Vendor audits.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Biannual Home and Community-based Services Waiver program reviews conducted by the department and the State Department of Health Care Services.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Biannual targeted case management program and federal
nursing home reform program reviews conducted by the department.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Early Start Program reviews conducted by the department.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Annual performance contract and year-end performance contract reports.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department shall establish and maintain a page on its internet website that includes both a list of services purchased by regional centers or provided directly to
persons eligible for regional center services by regional centers and a brief description of those services.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_CC0D47CA-5721-4EEC-ACC0-D106C47D23A7">
<ns0:Num>SEC. 87.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4629.7.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4629.7 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_40E869A1-E59A-4DEB-AB1C-003052A854EA">
<ns0:Num>4629.7.</ns0:Num>
<ns0:LawSectionVersion id="id_3DF178AD-4E55-4F93-9BFD-E3A66DF85A23">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law, all regional center contracts or agreements with service providers in which rates are determined through negotiations between the regional center and the service provider shall expressly require that not more than 15 percent of regional center funds be spent on administrative costs. For purposes of this subdivision, direct service expenditures are those costs immediately associated with the services to
persons eligible for regional center services being offered by the provider. Funds spent on direct services shall not include any administrative costs. Administrative costs include, but are not limited to, any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Salaries, wages, and employee benefits for managerial personnel whose primary purpose is the administrative management of the entity, including, but not limited to, directors and chief executive officers.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Salaries, wages, and benefits of employees who perform administrative functions, including, but not limited to, payroll management, personnel functions, accounting, budgeting, and facility management.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Facility and occupancy costs, directly associated
with administrative functions.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Maintenance and repair.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Data processing and computer support services.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Contract and procurement activities, except those provided by a direct service employee.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Training directly associated with administrative functions.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Travel directly associated with administrative functions.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Licenses directly associated with administrative functions.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Taxes.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Interest.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Property
insurance.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Personal liability insurance directly associated with administrative functions.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
Depreciation.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
General expenses, including, but not limited to, communication costs and supplies directly associated with administrative functions.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding any other
law, all contracts between the department and the regional centers shall require that not more than 15 percent of all funds appropriated through the regional center’s operations budget shall be spent on administrative costs. For purposes of this subdivision, “direct services” includes, but is not limited to, service coordination, assessment and diagnosis, monitoring of
services for persons eligible for regional center services, quality assurance, and clinical services. Funds spent on direct services shall not include any administrative costs. For purposes of this subdivision, administrative costs include, but are not limited to, any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Salaries, wages, and employee benefits for managerial personnel whose primary purpose is the administrative management of the regional center, including, but not limited to, directors and chief executive officers.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Salaries, wages, and benefits of employees who perform administrative functions, including, but not limited to, payroll management, personnel functions, accounting, budgeting, auditing, and facility management.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Facility and occupancy costs, directly associated with
administrative functions.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Maintenance and repair.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Data processing and computer support services.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Contract and procurement activities, except those performed by direct service employees.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Training directly associated with administrative functions.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Travel directly associated with administrative functions.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Licenses directly associated with administrative functions.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Taxes.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Interest.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Property
insurance.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Personal liability insurance directly associated with administrative functions.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
Depreciation.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
General expenses, including, but not limited to, communication costs and supplies directly associated with administrative functions.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Consistent with subdivision (a), service providers and contractors, upon request, shall provide regional centers with access to any books, documents, papers, computerized data, source documents, records of persons eligible for regional center services, or other records pertaining to the service
providers’ and contractors’ negotiated rates.
</html:p>
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<ns0:BillSection id="id_CB0CA8EA-51F2-4F23-92E8-BFDDC9A97811">
<ns0:Num>SEC. 88.</ns0:Num>
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Section 4635 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_F247449C-AE26-4EAE-B4B0-B773DD29A48D">
<ns0:Num>4635.</ns0:Num>
<ns0:LawSectionVersion id="id_1D6450FB-73F6-4FF7-8A99-C6BB2999AA7D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If a regional center finds that it is unable to comply with the requirements of this division or its contract with the state, the regional center shall be responsible for informing the department immediately that it does not expect to fulfill its contractual obligations. Failure to provide the notification to the department in a timely manner shall constitute grounds for possible revocation or nonrenewal of the contract. If a regional
center makes a decision to cancel or not renew its contract with the department, the regional center shall give a minimum of 90 days’ written notice of its decision.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the department finds that a regional center is not fulfilling its contractual obligations, the department shall make reasonable efforts to resolve the problem within a reasonable period of time with the cooperation of the regional center, including the action described in paragraph (2) of subdivision (b) of Section 4629 or renegotiation of the contract.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the department’s efforts to resolve the problem are not successful, the department shall issue a letter of noncompliance. The letter of
noncompliance shall state the noncompliant activities and establish a specific timeline for the development and implementation of a corrective action plan. The department shall approve the plan and monitor its implementation. Letters of noncompliance shall be made available to the public upon request. The letter of noncompliance shall not include privileged or confidential information relating to persons eligible for regional center services or information that would violate the privacy rights of regional center board members or employees. The department shall notify the state council and shall provide the state council with a copy of the corrective action plan, the timeline, and any other action taken by
the department relating to the requirements for corrective action.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If the department finds that a regional center continues to fail in fulfilling its contractual obligations after reasonable efforts have been made, and finds that other regional centers are able to fulfill similar obligations under similar contracts, and finds that it will be in the best interest of the persons being served by the regional center, the department shall take steps to terminate the contract and to negotiate with another governing board to provide regional center services in the area. These findings may also constitute grounds for possible nonrenewal of the contract in addition to, or in lieu of, other grounds.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the department makes a decision to cancel or not renew its contract with the regional center, the department shall give a minimum of 90 days’ written notice of its decision, unless it has determined that the 90 days’ notice would jeopardize the health or safety of the persons eligible for regional center services served by the regional center, or constitutes willful misuse of state funds, as determined by the Attorney General. Within 14 days after receipt of the notice, the regional center may make a written protest to the department of the decision to terminate or not renew the contract. In that case, the department shall: (1) arrange to meet with the regional center and
the state council within 30 days after receipt of the protest to discuss the decision and to provide its rationale for the termination or nonrenewal of the contract, and to discuss any feasible alternatives to termination or nonrenewal, including the possibility of offering a limited term contract of less than one fiscal year; and (2) initiate the procedures for resolving disputes contained in Section 4632. To the extent allowable under state and federal law, any outstanding audit exceptions or other deficiency reports, appeals, or protests shall be made available and subject to discussion at the meeting arranged under clause (1).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
When terminating or not renewing a regional center contract and negotiating with another governing board for a regional center contract, the department shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Notify the State Council on Developmental Disabilities, all
personnel employed by the regional center, all service providers to the regional center, and all
persons eligible for regional center services served by the regional center informing them that it proposes to terminate or not renew the contract with the regional center, and that the state will continue to fulfill its obligations to ensure a continuity of services, as required by state law, through a contract with a new governing board.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Issue a request for proposals prior to selecting and negotiating with another governing board for a regional center contract. The state council shall review all proposals and make recommendations to the department.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Request the state council and any other community agencies to assist the state by locating or organizing a new governing board to contract with the department to operate the regional center in the area. The state council shall cooperate with the department when that assistance is
requested.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Provide any assistance that may be required to ensure that the transfer of responsibility to a new regional center will be accomplished with minimum disruption to the persons eligible for regional center services served by that service program.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The procedures for termination or nonrenewal of a regional center contract shall not
limit or abridge the state’s authority to contract with any duly authorized organization for the purpose of service delivery, nor shall these procedures be interpreted to represent a continued contractual obligation beyond the limits of any fiscal year contract.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_C308D3C8-60CC-42BC-9FC3-E91EE1FC59CC">
<ns0:Num>SEC. 89.</ns0:Num>
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Section 4639.6 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_6E4B33D5-4482-46FE-A76D-B60E1AB8842C">
<ns0:Num>4639.6.</ns0:Num>
<ns0:LawSectionVersion id="id_B6F3D747-F839-4D26-8E9D-11908EA2B5C4">
<ns0:Content>
<html:p>The Director of Developmental Services may issue directives to the regional centers as the director deems necessary to protect the rights, health, safety, or welfare of persons eligible for regional center services, or in accordance with Section 4434. The regional center shall comply with any directive issued by the director pursuant to this section. The directive shall not be in conflict with existing statutes or
regulations.</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_730FCCF9-F58A-4EA3-B87C-3AA2A0A8095C">
<ns0:Num>SEC. 90.</ns0:Num>
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Section 4640.6 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_2C9A92BC-C93B-4D6B-8271-5CC270359772">
<ns0:Num>4640.6.</ns0:Num>
<ns0:LawSectionVersion id="id_2E5FB566-1EF5-4C5D-9214-3CE956BE5BDD">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
In approving regional center contracts, the department shall ensure that regional center staffing patterns demonstrate that direct service coordination is the highest priority.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Contracts between the department and regional centers shall require that regional centers implement an emergency response system that ensures that a regional center staff person will respond to a person eligible
for regional center services, or individual acting on behalf of a
person eligible for regional center services, within two hours of the time an emergency call is placed. This emergency response system shall be operational 24 hours per day, 365 days per year.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Contracts between the department and regional centers shall require regional centers to have service coordinator-to-person eligible for regional center services ratios, as
follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An average service coordinator-to-person eligible for regional center services ratio of 1 to 62 for all
persons eligible for regional center services who have not moved from the developmental centers to the community since April 14, 1993. A service coordinator for these persons eligible for regional center services shall not have an assigned caseload in excess of 79 persons eligible for regional center services for more than 60 days.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An average service
coordinator-to-person eligible for regional center services ratio of 1 to 45 for all persons eligible for regional center services who have moved from a developmental center to the community since April 14, 1993. A service coordinator for these persons eligible for regional center services shall not have an assigned caseload in excess of 59
persons eligible for regional center services
for more than 60 days.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The following coordinator-to-person eligible for regional center services ratios shall apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
All persons eligible for regional center services enrolled in the Home and Community-based Services Waiver program for persons with developmental disabilities, an average service
coordinator-to-person eligible for regional center services ratio of 1 to 62.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
All persons eligible for regional center services who have moved from a developmental center to the community since April 14, 1993, and have lived continuously in the community for at least 12 months, an average service coordinator-to-person eligible for regional center services ratio of 1 to 62.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
All
persons eligible for regional center services who have not moved from the developmental centers to the community since April 14, 1993, and who are not described in subparagraph (A), an average service coordinator-to-person eligible for regional center services ratio of 1 to 66.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (1) to (3), inclusive, an average service
coordinator-to-person eligible for regional center services
ratio of 1 to 40 for all
persons eligible for regional center services five years of age and younger.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (1) to (3), inclusive, enhanced service coordination, including a service coordinator-to-person eligible for regional center services ratio of 1 to 40, shall be available to
persons eligible for regional center services identified as having low or no purchase-of-service expenditures, as identified in the annual Budget Act.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Enhanced service coordination, including the service coordinator-to-person eligible for regional center services ratio specified in this paragraph shall be available to specified persons eligible for regional center services until one of the following criteria are met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The
family or
person eligible for regional center services is no longer interested in receiving enhanced service coordination.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
All of the identified service needs of the person eligible for regional center services have been thoroughly explored and offered.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
All information and training were provided to the family and
the person eligible for regional center services and the focused support goals of the person eligible for regional center services were completed.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The family or person
eligible for regional center services feels confident that they can continue to receive the assistance they need to be successful without receiving enhanced service coordination.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For the purposes of this paragraph, “enhanced service coordination” may include, but is not limited to, all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Regular contact, via telephone or video, with persons eligible for regional center services or their families.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Maintaining no less than quarterly contact with
persons eligible for regional center services
or their families.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Having annual individual program plan or individual family service plan meetings.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (1) to (3), inclusive, an average service coordinator-to-person eligible for regional center services ratio of 1 to 25 for all persons eligible for regional center services with complex needs.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The
service coordinator-to-person eligible for regional center services ratio specified in this paragraph shall not be authorized for more than 12 months after the person eligible for regional center services is no longer receiving the services described in clause (i) or (ii) of subparagraph (C), after the
person eligible for regional center services is no longer placed in a facility described in clause (iii), (iv), (v), (vi), (vii), or (viii) of subparagraph (C), or after the department has made the determination described in clause (ix) of subparagraph (C), unless an extension is granted. An extension shall be based on a new and complete comprehensive assessment of the needs of the person eligible for regional center services. An extension may be granted one time, and shall not exceed six months.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For the purposes of this paragraph, a
“person
eligible for regional center services with complex needs” means a person eligible for regional center services who is any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Receiving regional center-funded mobile crisis services by a department-approved vendor, or has received those services within the past six months.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Receiving state-operated crisis assessment stabilization team services, or has received those services within the past six months.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Placed in a community crisis home, as
defined in Section 4698.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Placed in an acute crisis home operated by the department, pursuant to Section 4418.7.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Placed in a locked psychiatric setting or has been placed in a locked psychiatric setting in the past six months.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
Placed in an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
Placed out of state as a result of appropriate services being unavailable within the state, pursuant to Section 4519.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
Placed in a county jail and eligible for diversion pursuant to Chapter 2.8 (commencing with Section 1001.20) of Title 6 of Part 2 of the Penal Code or found incompetent to stand trial as described in Section
1370.1 of the Penal Code.
</html:p>
<html:p>
(ix)
<html:span class="EnSpace"/>
A person the department has determined cannot be safely served in a developmental center, as described in Section 6510.5.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
For purposes of paragraph (3), service coordinators may have a mixed caseload of
persons eligible for regional center services three years of age and younger, persons eligible for regional center services enrolled in the Home and Community-based Services Waiver program for persons with developmental disabilities, and other
persons eligible for regional center services if the overall average caseload is weighted proportionately to ensure that overall regional center average service
coordinator-to-person eligible for regional center services ratios as specified in paragraph (3) are met. For purposes of paragraph (3), a service coordinator shall not have an assigned caseload in excess of 84 for more than 60 days.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, “service coordinator” means a regional center employee whose primary responsibility includes preparing, implementing, and monitoring the individual program
plans of persons eligible for regional center services, securing and coordinating
services and supports for persons eligible for regional center services, and providing placement and monitoring activities.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
In order to ensure that caseload ratios are maintained pursuant to this section, each regional center shall provide service coordinator caseload data to the department, annually for each fiscal year. The data shall be submitted in the format, including the content, prescribed by the department. Within 30 days of receipt of data submitted pursuant to this subdivision, the department shall make a summary of the data available to the public upon request. The department shall verify the accuracy of the data when conducting regional center fiscal audits. Data submitted by regional centers pursuant to this
subdivision shall:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Only include data on service coordinator positions as defined in subdivision (d). Regional centers shall identify the number of positions that perform service coordinator duties on less than a full-time basis. Staffing ratios reported pursuant to this subdivision shall reflect the appropriate proportionality of these staff to
persons eligible for regional center services served.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Be reported separately for service coordinators whose caseload includes any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Persons eligible for regional center services who are three years of age and older and who have not moved from the developmental center to the community since April 14, 1993.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Persons eligible for regional center services who
have moved from a developmental center to the community since April 14, 1993.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Persons eligible for regional center services who are younger than three years of age.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Persons eligible for regional center services enrolled in the Home and Community-based Services Waiver program.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Not include positions that are vacant for more than 60 days or new positions established within 60 days of the reporting month that are
still vacant.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For purposes of calculating caseload ratios for persons eligible for regional center services enrolled in the Home and Community-based Services Waiver program, vacancies shall not be included in the calculations.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The department shall provide technical assistance and require a plan of correction for any regional center that, for two consecutive reporting periods, fails to maintain service coordinator caseload ratios required by this section or otherwise demonstrates an inability to maintain appropriate staffing patterns pursuant to this section. Plans of correction shall be developed following input from the state council, local organizations representing
persons eligible for regional center services, family members, regional center employees, including recognized labor organizations, and service providers, and other interested parties.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Each time that new funds are appropriated in the annual Budget Act to the department for allocation to regional centers with the stated purpose of reducing caseload ratios, both of the following shall occur:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Each regional center shall hold at least one public meeting during that year to receive stakeholder input to help inform the way the regional center allocates new positions funded through the allocation to that regional center. Stakeholders may include the state council, local organizations representing
persons eligible for regional center services, family members, community-based organizations that represent the ethnic and language diversity of the regional center catchment area, regional center employees, including recognized labor organizations and service providers, and other interested parties. The public meeting required by this paragraph fulfills a regional center’s requirement under subdivision (f) to gather input regarding its plan of correction if the plan of correction is discussed during the meeting.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
On or before October 10 of the year of the appropriation of funds, and again by March 10 of that fiscal year, and in a format prescribed by the department, each regional center shall report the following information to the department:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The number of new service coordinator positions created with the funds allocated to
reduce caseload ratios.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Data on current caseload ratios as of March 1 and October 1, respectively.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Any other information determined by the department.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department shall post the information required to be reported by a regional center pursuant to paragraph (2) on its internet website.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Contracts between the department and a regional center shall require the regional center to have, or contract for, all of the following areas:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Criminal justice expertise to assist the regional center in providing services and supports to
persons eligible for regional center services involved in the criminal justice system as a victim, defendant, inmate, or parolee.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Special education expertise to assist the regional center in providing advocacy and support to families seeking appropriate educational services from a school district.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Family support expertise to assist the regional center in maximizing the effectiveness of support and services provided to families.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Housing expertise to assist the regional center in accessing affordable housing for persons eligible for regional center services in
independent or supportive living arrangements.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Community integration expertise to assist
persons eligible for regional center services and families in accessing integrated services and supports and improved opportunities to participate in community life.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Quality assurance expertise, to assist the regional center to provide the necessary coordination and cooperation with the state council, in conducting quality-of-life assessments, and coordinating the regional center quality assurance efforts.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Each regional center shall employ at least one advocate
for persons eligible for regional center services who is a person with developmental disabilities.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Other staffing arrangements related to the delivery of services that the department determines are necessary to ensure maximum cost-effectiveness and to ensure that the service needs of persons eligible for regional center services and families are met.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Implicit bias training, pursuant to Section 4511.1, to increase service access and equity in the developmental services system.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Language access and cultural competency services and support, pursuant to Section 4620.4, to allow consistent access to information and services and to advance person-centered health and human services equity outcomes toward the diminishment of racial, ethnic, and other disparities.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Any regional center proposing a staffing arrangement that substantially deviates from the requirements of this section shall request a waiver from the department. Prior to granting a waiver, the department shall require a detailed staffing proposal, including, but not limited to, how the proposed staffing arrangement will benefit persons eligible for regional center services and families served, and
shall demonstrate clear and convincing support for the proposed staffing arrangement from constituencies served and impacted, that include, but are not limited to,
persons eligible for regional center services, families, providers, advocates, and recognized labor organizations. In addition, the regional center shall submit to the department any written opposition to the proposal from organizations or individuals, including, but not limited to, persons eligible for regional center services, families, providers, and advocates, including recognized labor organizations. The department may grant waivers to regional centers that sufficiently demonstrate that the proposed staffing arrangement is in the best interest of persons eligible for regional center
services
and families served, complies with the requirements of this chapter, and does not violate any contractual requirements. A waiver shall be approved by the department for up to 12 months, at which time a regional center may submit a new request pursuant to this subdivision.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
From February 1, 2009, to June 30, 2010, inclusive, the following shall not apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The service coordinator-to-person eligible for regional center services ratio requirements of paragraph (1), and subparagraph (C) of paragraph (3), of subdivision (c).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The requirements of subdivision (e). The regional centers
shall, instead, maintain sufficient service coordinator caseload data to document compliance with the service
coordinator-to-person eligible for regional center services ratio requirements in effect pursuant to this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The requirements of paragraphs (1) to (6), inclusive, of subdivision (h).
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
From July 1, 2010, until June 30, 2013, the following shall not apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The service coordinator-to-person eligible for regional center services ratio requirements of paragraph (1), and subparagraph (C) of paragraph (3), of subdivision (c).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The requirements of paragraphs (1) to (6), inclusive, of
subdivision (h).
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Any contract between the department and a regional center entered into on and after January 1, 2003, shall require that all employment contracts entered into with regional center staff or contractors be available to the public for review, upon request. For purposes of this subdivision, an employment contract or portion thereof may not be deemed confidential nor unavailable for public review.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), the social security number of the contracting party shall not be disclosed.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The term of the employment contract between the regional center and
an employee or contractor shall not exceed the term of the state’s contract with the regional center.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_2B978F84-5BFF-4E14-BEA7-29FF7DDED87D">
<ns0:Num>SEC. 91.</ns0:Num>
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Section 4640.7 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_09D66F77-32DC-42AC-A3B1-651C62F3BFD1">
<ns0:Num>4640.7.</ns0:Num>
<ns0:LawSectionVersion id="id_9E1B17A7-D0DB-4D79-B829-BE890468507A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
It is the intent of the Legislature that regional centers assist persons with developmental disabilities and their families in securing those services and supports that maximize opportunities and choices for living, working, learning, and recreating in the community.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Each regional center design shall reflect the maximum cost-effectiveness possible and shall be based on a service coordination model, in which each
person eligible for regional center services shall have a designated service coordinator who is responsible for providing or ensuring that needed services and supports are available to
them. Regional centers shall examine the differing levels of coordination services needed by persons eligible for regional center services and families in order to establish varying caseload ratios within the regional center that will best meet those needs of their persons eligible for regional center services.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_B9AB24B1-C2E3-41CE-9A31-960D93578CF5">
<ns0:Num>SEC. 92.</ns0:Num>
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Section 4640.8 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_C8F1A59B-AF66-4038-B508-2CAC820CEFDC">
<ns0:Num>4640.8.</ns0:Num>
<ns0:LawSectionVersion id="id_26D093FD-EA4E-4D35-8C33-422A42C63BCC">
<ns0:Content>
<html:p>When convening any task force or advisory group, a regional center shall make its best effort to ensure representation by persons eligible for regional center services and family members representing the community’s multicultural diversity.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_0A0D2E5C-8EFB-4A9C-9906-F51CA4A7CE73">
<ns0:Num>SEC. 93.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4640.9.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4640.9 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_EDCC50FB-53AE-49F0-B5C0-455E39847A05">
<ns0:Num>4640.9.</ns0:Num>
<ns0:LawSectionVersion id="id_A0E9A233-0721-4EE6-9950-233334F3B4AC">
<ns0:Content>
<html:p>Beginning July 1, 2020, each regional center shall provide to the department a copy of any corrective action plans and sanctions issued to a service provider, which shall include the name of the service provider, the type of action taken, and the date of action. Copies of corrective action plans and sanctions shall be submitted quarterly, no later than 45 days following the end of each fiscal quarter. The department shall provide a copy of all corrective action plans and sanctions to the protection and advocacy agency specified in Division 4.7 (commencing with Section 4900) within 30 days of its request. The department shall consult with regional centers and the protection and advocacy agency on the process for increasing access to the
information contained in corrective action plans and sanctions by persons eligible for regional center services and their families.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_DBA77C09-2DBE-42FD-9D62-E96583E02550">
<ns0:Num>SEC. 94.</ns0:Num>
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Section 4641.1 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_D412FAEC-6213-46CF-A981-9A71B04B9623">
<ns0:Num>4641.1.</ns0:Num>
<ns0:LawSectionVersion id="id_1FDF9204-3AE8-4DC4-853F-916987BD6D7C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The provision of services that are culturally and linguistically responsive to persons eligible for regional center services is instrumental to improving access and equity in the developmental services system.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Direct service professionals are critical to the provision of services and supports to individuals with intellectual and developmental disabilities and their families.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In recognition of the value of effective communication between direct service professionals and the
persons eligible for regional center services and families they serve, the provision of a pay differential for bilingual and multilingual direct service professionals will increase access to staff who speak their preferred language by persons eligible for regional center services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department, subject to an appropriation, shall establish and implement a system that promotes equity in access to services for persons
eligible for regional center services
by providing a pay differential to direct service professionals who can communicate in a language or medium other than English as part of their regular job duties.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding any other law, a direct service professional described in subdivision (b) is eligible for a bilingual or multilingual differential if both of the following conditions are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The duties currently assigned to the direct service professional require regular communication in a language or medium other than English with an individual that has a developmental disability, and when appropriate, their families.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The direct service professional passes an examination certifying their ability to communicate in the language or medium other than English.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For the purpose of this section, “medium other than English” includes, but is not limited to, American Sign Language and other sign languages and augmentative and alternative communication.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department may adopt emergency regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code. The department is exempted from the requirement that it describe specific facts showing the need for immediate action.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Prior to implementation, the department shall provide a report to the Legislature detailing its plan to implement a wage differential for bilingual and multilingual staff.
</html:p>
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<ns0:BillSection id="id_42440DEC-4FC0-4165-81BE-403ED43E439E">
<ns0:Num>SEC. 95.</ns0:Num>
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Section 4642 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_E3CDBC93-0987-46BA-9777-CAFAF20B4B84">
<ns0:Num>4642.</ns0:Num>
<ns0:LawSectionVersion id="id_892421DA-F59C-4847-A349-8A7B42D7AAB0">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Any person believed to have a developmental disability, and any person believed to have a high risk of parenting an infant with a developmental disability shall be eligible for initial intake and assessment services in the regional centers. In addition, any infant having a high risk of becoming developmentally disabled may be eligible for initial intake and assessment services in the regional centers. For purposes of this section, “high-risk infant” means a child less than 36
months of age whose genetic, medical, or environmental history is predictive of a substantially greater risk for developmental disability than that for the general population. The department, in consultation with the State Department of Public Health, shall develop specific risk and service criteria for the high-risk infant program on or before July 1, 1983. These criteria may be modified in subsequent years based on analysis of actual clinical experience.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Initial intake shall be performed within 15 working days following request for assistance. Initial intake shall include, but need not be limited to, information and advice about the nature and availability of services provided by the regional center and by other agencies in the community, including guardianship, conservatorship, income maintenance, mental health, housing, education, work activity and vocational training, medical, dental, recreational, and other services or programs that
may be useful to persons with developmental disabilities or their families. Intake shall also include a decision to provide assessment.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Commencing on January 1, 2025, the regional center shall take the following actions by the end of the 15-day initial intake period described in paragraph (2):
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Either of the following actions:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Determine if the individual is eligible for regional center services.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Determine if the regional center will initiate the assessment specified in Section 4643.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Inform the individual requesting intake of the regional center’s action.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the regional center determines that the
individual is not eligible for regional center services, or that the regional center is not initiating the assessment specified in Section 4643, provide the individual requesting intake and, if appropriate, the individual’s parents, legal guardian or conservator, or authorized representative, with adequate notice as required by Section 4710.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The department shall create, with input from stakeholders, standardized information packets to be provided to any person seeking services from a regional center. There shall be one information packet related to services provided under the California Early Intervention Services Act and another information packet related to services provided under the Lanterman Developmental Disabilities Services Act. The information packets shall be translated to provide language access, as required by state and federal law, shall be available in alternative formats and alternative modes of
communication, as required by federal law, and shall include, at a minimum, all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
An overview of the regional center system.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A resource guide for
persons eligible for regional center services and their families.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Rights of persons eligible for regional center services.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Contact information for the regional center, the department, the office of clients’ rights advocacy, and the protection and advocacy agency specified in Division 4.7 (commencing with Section 4900).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Each regional center shall distribute the information packets at intake, upon transfer to receiving
services under the Lanterman Developmental Disabilities Services Act, and upon request. Each regional center shall begin distributing the information packets within 60 days following the department providing the information packets and issuing directives regarding the distribution of the information packets. In addition to, and not in lieu of, this requirement, each regional center shall post the full content of the most updated information packet on its internet website.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A regional center shall communicate with the person eligible for regional center services and their family pursuant to this section in their preferred language, including providing alternative communication services and alternative formats, as required by
state and federal law.
</html:p>
</ns0:Content>
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<ns0:BillSection id="id_05DE7764-41CB-47B3-99A6-037F9EE1237F">
<ns0:Num>SEC. 96.</ns0:Num>
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Section 4643 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_891F9FA0-8992-4A65-9301-B5399BCB1B32">
<ns0:Num>4643.</ns0:Num>
<ns0:LawSectionVersion id="id_281C1644-393E-4C84-94E4-E7029B4948FC">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If assessment is needed, the assessment shall be performed within 120 days following initial intake. Assessment shall be performed as soon as possible and in no event more than 60 days following initial intake where any delay would expose the client to unnecessary risk to their health and safety or to significant further delay in mental or physical development, or the client would be at imminent risk of placement in a more restrictive environment. Assessment may include collection and review of available historical diagnostic data, provision or procurement of necessary tests and evaluations, and summarization of
developmental levels and service needs and is conditional upon receipt of the release of information specified in subdivision (b).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In determining if an individual meets the definition of developmental disability contained in subdivision (a) of Section 4512, the regional center may consider evaluations and tests, including, but not limited to, intelligence tests, adaptive functioning tests, neurological and neuropsychological tests, diagnostic tests performed by a physician, psychiatric tests, and other tests or evaluations that have been performed by, and are available from, other sources.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
At the time of assessment, the individual, or, where appropriate, the parents, legal guardian, or conservator, shall provide copies of any health benefit cards under which the
person eligible for regional center services is eligible to receive health benefits, including, but not limited to, private health insurance, a health care service plan, Medi-Cal, Medicare, and TRICARE. If the individual, or where appropriate, the parents, legal guardians, or conservators, have no such benefits, the regional center shall not use that fact to negatively impact the services that the individual may or may not receive from the regional center.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A regional center shall communicate with the person eligible for regional center services and their family pursuant to this section in their native language, including providing alternative communication services, as required by
Sections 11135 to 11139.7, inclusive, of the Government Code and implementing regulations.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_1FE52CC7-BE9A-4857-A4F8-F492E9FCB16D">
<ns0:Num>SEC. 97.</ns0:Num>
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Section 4643.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_F7E031E4-ED19-4CB8-8FDF-2221F27DDCFB">
<ns0:Num>4643.5.</ns0:Num>
<ns0:LawSectionVersion id="id_E38E643A-244E-41AE-8FCD-34682908F12D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If a person eligible for regional center services is, or has been determined to be, eligible or provisionally eligible for services by a regional center, the person eligible for regional center services shall also be considered eligible or provisionally eligible by any other regional center if the
person has moved to another location within the state.
</html:p>
<html:p>
(b)
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An individual who is determined by any regional center to have a developmental disability or to be provisionally eligible shall remain eligible for services from regional centers unless a regional center, following a comprehensive reassessment, concludes that the original determination is clearly erroneous.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Whenever a person eligible for regional center services transfers from one regional center catchment area to another, the level and types of services and supports specified in the
person’s individual program plan (IPP) shall be authorized and secured, if available, pending the development of a new IPP. If these services and supports do not exist, the regional center shall convene a meeting to develop a new IPP within 30 days. Prior to approval of the new IPP, the regional center shall provide alternative services and supports that best meet the IPP objectives in the least restrictive setting. The department shall develop guidelines that describe the responsibilities of regional centers in ensuring a smooth transition of services and supports from one regional center to another, including, but not limited to, pretransferring planning and a dispute resolution process to resolve disagreements between regional centers regarding their
responsibilities related to the transfer of case management services.
</html:p>
<html:p>
(d)
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(1)
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The following procedures shall apply to a person eligible for regional center services who is transferred from one regional center’s catchment area to a different catchment area and meets any of the following conditions:
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<html:p>
(A)
<html:span class="EnSpace"/>
They have an order for foster care placement.
</html:p>
<html:p>
(B)
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They
are awaiting foster care placement.
</html:p>
<html:p>
(C)
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They are placed in out-of-home care through voluntary placement as defined in subdivision (o) of Section 11400.
</html:p>
<html:p>
(2)
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(A)
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The county social worker or county probation officer shall immediately send a notice of relocation to the regional center of origin, which is the sending regional center, regarding a person eligible for
regional center services who meets the criteria set forth in paragraph (1). The court-appointed attorney of the person eligible for regional center services may also provide written notice of relocation. The notice of relocation shall be deemed received when the sending regional center receives written notice of relocation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Upon receiving the notice of relocation, the sending regional center shall immediately send a notice of transfer, and records needed for the planning process, including, but not limited to, the current IPP or individualized family services plan (IFSP), assessments, contact information for the
person eligible for regional center services, the caregiver, the legal guardian of the person eligible for regional center services, the current developmental services decisionmaker, and the current educational rights holder, by priority mail, facsimile, or email, to the receiving regional center, which is the regional center in the catchment area that the child will be transferred to.
</html:p>
<html:p>
(C)
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(i)
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The receiving regional center shall provide the sending regional center with contact information for a staff member who is available to confer with the planning team at the sending regional center regarding the types of services and providers available to address the
service needs of the
person eligible for regional center services in their new residential location.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Within 14 days of the notice of transfer, the receiving regional center shall provide the sending regional center with information regarding appropriate vendors and services to meet the needs of the person eligible for regional center services.
</html:p>
<html:p>
(iii)
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The sending regional center shall confer with the planning team and, using information provided by the receiving regional center, determine whether changes to the current IPP or IFSP are needed to meet the service needs of the
person eligible for regional center services in the new residential location.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Prior to transfer of case management, the sending regional center shall ensure that services needed to support the person eligible for regional center services in the new residential location are included in the IPP or IFSP and the person eligible for regional center services is receiving the services and supports listed in the new or revised IPP or IFSP.
</html:p>
<html:p>
(3)
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(A)
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In the case of a
person eligible for regional center services receiving services under this division, notwithstanding subdivision (g) of Section 4646, the sending regional center shall make every reasonable effort to initiate services, as provided for in the current IPP of the person eligible for regional center services as soon as possible following the notice of transfer to a new catchment area, but no later than 30 days from the date of notice of transfer. Efforts shall begin in advance of the IPP meeting. If all services identified in the
IPP of the person eligible for regional center services have not been initiated within 30 calendar days of the notice of transfer, the regional center shall report to the court of jurisdiction as described in subparagraph (B).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If all services identified in the IPP of the person eligible for regional center services have not been initiated within 30 calendar days after the notice of transfer, the sending regional center shall report in writing to the court, the county social worker or probation officer, as
applicable, and the developmental services decisionmaker, all services that are being provided to the
person eligible for regional center services, and the process to secure any additional services that have been identified in the IPP of the person eligible for regional center services but not yet initiated. If all services identified in the IPP of the person eligible for regional center services have not been initiated within 30 days, the regional center
shall report in writing to the court, county social worker, probation officer, as applicable, and the developmental services decisionmaker at 30-day intervals until all services are initiated.
</html:p>
<html:p>
(C)
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(i)
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Services shall continue to be provided pursuant to subparagraph (A), pending the court’s appointment of a developmental services decisionmaker, pursuant to subdivision (g) of Section 319, subdivision (a) of Section 361, or subdivision (b) of Section 726.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If the regional center is unable to obtain confirmation of the parent’s, guardian’s, or current developmental services decisionmaker’s participation in the IPP meeting, the regional center shall notify the court having jurisdiction, the county placing agency, and the attorney
of the
person eligible for regional center services that the appointment of a new developmental services decisionmaker may be necessary.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
In the case of a person eligible for regional center services receiving services under the California Early Intervention Program pursuant to Title 14 (commencing with Section 95000) of the Government Code, the following procedures shall apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The sending regional center shall make every reasonable effort to initiate services, as provided for in the
current IFSP of the person eligible for regional center services as soon as possible following the notice of transfer but no later than 30 calendar days from the date of notice of transfer. Efforts shall begin in advance of the IFSP meeting. If all services identified in the IFSP of the person eligible for regional center services have not been initiated within 30 calendar days of the notice of transfer, the regional center shall report to the court of jurisdiction as described in subparagraph (B).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If all services identified in the
IFSP
of the person eligible for regional center services have not been initiated within 30 calendar days of the notice of transfer, the sending regional center shall report in writing to the court, the county social worker or probation officer, as applicable, and the educational rights holder, all services that are being provided to the person eligible for regional center services, and the process to secure any additional services that have been identified in the IFSP of the person
eligible for regional center services but not initiated. If all services identified in the IFSP of the person eligible for regional center services have not been initiated within 30 days, the regional center shall report in writing to the court, county social worker, probation officer, as applicable, and the educational rights holder at 30-day intervals until all services are initiated.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Services not requiring consent shall continue to be provided pursuant to subparagraph (A) pending the court’s appointment of an educational rights holder, pursuant to subdivision (g) of Section 319,
subdivision (a) of Section 361, or subdivision (b) of Section 726.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If the regional center is unable to obtain confirmation of the parent’s, guardian’s, or current educational rights holder participation in the IFSP meeting, the regional center shall notify the court of jurisdiction, the county placing agency, and the attorney of the person eligible for regional center services that the appointment of a new educational rights holder may be necessary.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Person eligible for regional center services” refers to individuals as defined in Section 4512 and any eligible infant or toddler, as defined in Section 95014 of the Government Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Initiation of services” means the point at which the person eligible for regional center services begins to receive a particular service and may include assessment procedures for services, if
necessary, if those services begin immediately following the completion of the assessment.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Notice of relocation” means a written notice informing a regional center that currently serves a
person eligible for regional center services described in subdivision (d) that the person eligible for regional center services has been relocated to a foster home that is located in a catchment area that is not served by that regional center. “Notice of relocation” includes, at a minimum, the following information:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The name, date of birth, and current address of the person eligible for regional center services.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The name of the
caregiver of the person eligible for regional center services.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The court of jurisdiction.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The name of, and contact information for, the educational rights holder or developmental services decisionmaker of the person eligible for regional center services, if applicable.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The name of, and contact information for, any person who may provide authorization and consent for the release of the
regional center records or vendor assessment records, or
both, of the person eligible for regional center services.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Notice of transfer” means a written notice that a person eligible for regional center services described in paragraph (1) of subdivision (d) is transferring from a regional center located in one catchment area to a regional center located in a different catchment area and includes, at a minimum, the following information:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The name and date of
birth of the person eligible for regional center services.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The name of, and contact information for, the parent, or the educational rights holder or developmental services decisionmaker, of the person eligible for regional center services, if applicable.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The name of, and contact information for, the
current caregiver of the person eligible for regional center services.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A copy of the
current IFSP or IPP of the person eligible for regional center services.
</html:p>
<html:p>
(E)
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The name of, and contact information for, the child’s county social workers.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_CBA68F99-54CB-4DAD-B0C6-3415A8D17C32">
<ns0:Num>SEC. 98.</ns0:Num>
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Section 4646 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_232491FC-1F06-42B5-B647-A7535ECC3022">
<ns0:Num>4646.</ns0:Num>
<ns0:LawSectionVersion id="id_497E4E92-4102-43BF-BF79-7DD084B5F04F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
It is the intent of the Legislature that the individual program plan and provision of services and supports by the regional center system is centered on the individual and the family of the individual with developmental disabilities and takes into account the needs and preferences of the individual and the family, if appropriate. It is further the intent of the Legislature that the individual program plan be developed using a person-centered approach that reflects the needs and preferences of the person eligible for regional center services, and, as appropriate, their family. The services and supports provided by the
regional center should assist each
person eligible for regional center services in achieving their personal outcomes and life goals and promote inclusion in their community. It is the further intent of the Legislature to ensure that the provision of services to persons eligible for regional center services and their families be effective in meeting the goals stated in the individual program plan, reflect the preferences and choices of the person eligible for regional center services, and reflect the cost-effective use of public resources.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The individual program plan is developed through a process of individualized needs determination. The individual with developmental disabilities and, if appropriate, the individual’s parents, legal guardian or conservator, or authorized representative, shall have the opportunity to actively participate in the development of the plan.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
An individual program plan shall be developed for any person who, following intake and assessment, is found to be eligible for regional center services. These plans shall be completed within 60 days of the completion of the assessment. At the time of intake, the regional center shall inform the person eligible for regional center services and, if appropriate, the
parents, legal guardian or conservator, or authorized representative of the person eligible for regional center services of the services available through the state council and the protection and advocacy agency designated by the Governor pursuant to federal law, and shall provide the address and telephone numbers of those agencies.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Individual program plans shall be prepared jointly by the planning team. Decisions concerning the
goals of the person eligible for regional center services, objectives, and services and supports that will be included in the individual program plan and purchased by the regional center or obtained from generic agencies shall be made by agreement between the regional center representative and the person eligible for regional center services or, if appropriate, the parents, legal guardian, conservator, or authorized representative at the program plan meeting.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Regional centers shall comply with the request of a
person eligible for regional center services or, if appropriate, the request of the parents, legal guardian, conservator, or authorized representative of the person eligible for regional center services, that a designated representative receive written notice of all meetings to develop or revise the individual program plan and of all notices sent to the
person eligible for regional center services pursuant to Section 4710. The designated representative may be a parent or family member.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law, a meeting regarding the provision of services and supports by the regional center, including a meeting to develop or revise the individual program plan, shall be held by remote electronic communications if requested by the person eligible for regional center services or, if appropriate, if requested by the parents, legal guardian, conservator, or authorized
representative of the person eligible for regional center services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If the regional center has not held an in-person individual program plan meeting or completed any other in-person meeting or visit with the person eligible for regional center services in the previous 12 months, the regional center shall hold an in-person individual program plan meeting or other meeting or visit at a location and at a time that is convenient for, and reflects the preference of, the person eligible for regional center
services and, as appropriate, their parent, legal guardian, conservator, or authorized representative. This requirement on the part of the regional center shall not impede, delay, or prevent the timely development or revision of an individual program plan, or the timely authorization or receipt of services and supports.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The in-person meeting requirement established in this paragraph shall remain in effect pending the department’s review, in coordination with stakeholders, of implementation of this subdivision, as amended by the act that added this paragraph. The review shall include the development of recommendations that may include, but not be limited to, whether and to what extent the in-person requirements are effective in assisting the
person eligible for regional center services in meeting the goals stated in the individual program plan, in positively facilitating and improving service access and equity, and in helping to build relationships between service coordinators and parents, legal guardians, conservators, or authorized representatives. The department shall, after consulting with and receiving input from stakeholders, provide an update to the Legislature on the status of the review no later than January 10, 2026 and shall provide, with any additional consultation and documented input from stakeholders, the completed review to the Legislature no later than May 14, 2026.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
At the conclusion of an individual program plan meeting, an authorized representative of the regional center shall provide to the
person eligible for regional center services, in written or electronic format, a list of the agreed-upon services and supports, and, if known, the projected start date, the frequency and duration of the services and supports, and the provider. The authorized representative of the regional center shall sign the list of agreed-upon services and supports at that time. The person eligible for regional center services, or if appropriate, the
parent, legal guardian, conservator, or authorized representative of the person eligible for regional center services, shall sign the list of agreed-upon services and supports prior to its implementation. The person eligible for regional center services, or if appropriate, the parent, legal guardian, conservator, or authorized
representative of the person eligible for regional center services, may elect to delay receipt of the list of agreed-upon services and supports pending final agreement, as described in subdivision (h). If the person eligible for regional center services, or if appropriate, the parent, legal guardian, conservator, or authorized representative of the person eligible for regional center services, elects to delay the receipt of the list of agreed-upon services and supports
for 15 days, the list shall be provided in the preferred language of the person eligible for regional center services, or of the parent, legal guardian, or authorized representative of the person eligible for regional center services.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
If a final agreement regarding the services and supports to be provided to the
person eligible for regional center services cannot be reached at a program plan meeting, then a subsequent program plan meeting shall be convened within 15 days, or later at the request of the person eligible for regional center services or, if appropriate, the parents, legal guardian, conservator, or authorized representative or if agreed to by the planning team. The list of the agreed-upon services and supports described in subdivision (g) and signed by the authorized representative of the regional center shall be provided, in writing or electronically, at the conclusion of the subsequent program plan meeting, and shall be provided in the preferred language of the
person eligible for regional center services, or of the parent, legal guardian, conservator, or authorized representative of the person eligible for regional center services. Additional program plan meetings may be held with the agreement of the regional center representative and the person eligible for regional center services or, if appropriate, the parents, legal guardian, conservator, or authorized representative.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
An authorized representative of the regional center and the person eligible for regional center services or, if appropriate, the parent, legal guardian, conservator, or authorized representative of the person eligible for regional center services shall sign the individual program plan and the list of the agreed-upon services and supports prior to its implementation. If the
person eligible for regional center services or, if appropriate, the parent, legal guardian, conservator, or authorized representative of the person eligible for regional center services, does not agree with all components of the individual program plan, the person eligible for regional center services may indicate that disagreement on the plan. Disagreement with specific plan components shall not prohibit the implementation of services and supports agreed to by the
person eligible for regional center services or, if appropriate, the parent, legal guardian, conservator, or authorized representative of the person eligible for regional center services. If the person eligible for regional center services or, if appropriate, the parent, legal guardian, conservator, or authorized
representative of the person eligible for regional center services does not agree with the plan in whole or in part, the person eligible for regional center services shall be sent written notice of their appeal rights, as required by Sections 4701 and 4710.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A regional center shall communicate in the preferred language of the person eligible for regional center services,
or, if appropriate, the preferred language of the family, legal guardian, conservator, or authorized representative of the person eligible for regional center services, during the planning process for the individual program plan, including during the program plan meeting, and including providing alternative communication services, as required by Sections 11135 to 11139, inclusive, of the Government Code and implementing regulations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A regional center shall provide alternative communication services, including providing copies of the list of services and supports, and the individual program plan in the preferred language of
the
person eligible for regional center services or the family, legal guardian, conservator, or authorized representative of the person eligible for regional center services, or both, as required by Sections 11135 to 11139, inclusive, of the Government Code and implementing regulations.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The preferred language of the
person eligible for regional center services or the family, legal guardian, conservator, or authorized representative of the person eligible for regional center services, or both, shall be documented in the individual program plan.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_A3E3F959-B17D-4840-8581-86074AD04243">
<ns0:Num>SEC. 99.</ns0:Num>
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Section 4646.4 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_DD1C9E6B-656A-47E9-8277-B5701A9050EF">
<ns0:Num>4646.4.</ns0:Num>
<ns0:LawSectionVersion id="id_254A7B2B-343F-4A2E-9197-6259D2B175A2">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Regional centers shall ensure, at the time of development, scheduled review, or modification of an individual program plan developed pursuant to Sections 4646 and 4646.5, or of an individualized family service plan pursuant to Section 95020 of the Government Code, the establishment of an internal process. This internal process shall ensure adherence with federal and state law and regulation, and if purchasing services and supports, shall ensure all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Conformance with the regional center’s purchase of service policies, as approved by the
department pursuant to subdivision (d) of Section 4434.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Utilization of generic services and supports if appropriate, in accordance with all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The individualized family service planning team for infants and toddlers eligible under Section 95014 of the Government Code may determine that a medical service identified in the individualized family service plan is not available within 60 calendar days through the family’s private health insurance policy or health care service plan or under the Medi-Cal program and therefore, in compliance with the timely provision of service requirements contained in Part 303 (commencing with Section 303.1) of Title 34 of the Code of Federal Regulations, will be authorized for purchase-of-service funding by the regional center.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The individual program plan team
under Section 4646 may determine that a medical service identified in the individual program plan is not available within 60 calendar days through the family’s private health insurance policy or health care service plan or under the Medi-Cal program and therefore, in compliance with paragraph (1) of subdivision (d) of Section 4659, will be authorized for purchase-of-service funding by the regional center.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For purposes of this paragraph, a regional center shall authorize the provision of medical services through the purchase of services during any plan delays, including the appeals process.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Utilization of other services and sources of funding as contained in Section 4659.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of this paragraph, a regional center shall authorize the provision of medical or dental services
through the purchase of services during any plan delays, including the appeals process.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Consideration of the family’s responsibility for providing similar services and supports for a minor child without disabilities in identifying the
service and support needs of the person eligible for regional center services as provided in the least restrictive and most appropriate setting. In this determination, regional centers shall take into account the need of the
person eligible for regional center services for extraordinary care, services, supports, and supervision, and the need for timely access to this care.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Commencing October 1, 2022, consideration of information obtained from the person eligible for regional center services and, if appropriate, the parents, legal guardian, conservator, or authorized representative about the need
of the person eligible for regional center services
for the services, barriers to service access, and other information.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
At the time of development, scheduled review, or modification of an individual program plan developed pursuant to Sections 4646 and 4646.5, or of an individualized family service plan pursuant to Section 95020 of the Government Code, the
person eligible for regional center services,
or, if appropriate, the parents, legal guardian, or conservator, shall provide copies of their health benefit cards under which the person eligible for regional center services is eligible to receive health benefits, including, but not limited to, private health insurance, a health care service plan, Medi-Cal, Medicare, and TRICARE. If the individual, or, if appropriate, the parents, legal guardians, or conservators, do not have health benefits, the regional center shall not use that fact to negatively impact the services that the individual may or may not receive from the regional center.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Final decisions regarding the individual
program plan shall be made pursuant to Section 4646.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Final decisions regarding the individualized family service plan shall be made pursuant to Section 95020 of the Government Code.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_7A0C7E07-79DF-4C7E-B6DD-281A1FAF2262">
<ns0:Num>SEC. 100.</ns0:Num>
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Section 4646.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_47C4E693-A3A0-4F32-8122-7DB67304D23A">
<ns0:Num>4646.5.</ns0:Num>
<ns0:LawSectionVersion id="id_BCFFBADD-2315-4352-829A-DF7F49ED5219">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The planning process for the individual program plan described in Section 4646 shall include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Gathering information and conducting assessments to determine the life goals, capabilities and strengths, preferences, barriers, and concerns or problems of the person with developmental disabilities. For children with developmental disabilities, this process should include a review of the strengths, preferences, and needs of the child and the family unit as a whole. Assessments shall be conducted by qualified individuals and performed in natural environments whenever possible. Information shall be taken from the
person eligible for regional center services, the parents and other family members of the person eligible for regional center services, and the friends, advocates, authorized representative, if applicable, providers of services and supports, and other agencies of the person eligible for regional center services. The assessment process shall reflect awareness of, and sensitivity to, the lifestyle and cultural background of the
person eligible for regional center services and the family.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A statement of goals, based on the needs, preferences, and life choices of the individual with developmental disabilities, and a statement of specific, time-limited objectives for implementing the person’s goals and addressing the person’s needs. These objectives shall be stated in terms that allow measurement of progress or monitoring of service delivery. These goals and objectives should maximize opportunities for the person eligible for regional center services to develop relationships, be part of community life in the areas of community participation, housing, work, school, and leisure, increase control over
their life, acquire increasingly positive roles in community life, and develop competencies to help accomplish these goals.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In developing individual program plans for children, regional centers shall be guided by the principles, process, and services and support parameters set forth in Section 4685.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
In developing an individual program plan for a transition age youth or working age adult, the planning team shall consider the Employment First Policy described in Chapter 14 (commencing with Section 4868).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A schedule of the type and amount of services and supports to be purchased by the regional center or obtained from generic agencies or other resources in order to achieve the individual program plan goals and objectives, and identification of the provider or
providers of service responsible for attaining each objective, including, but not limited to, vendors, contracted providers, generic service agencies, and natural supports. The individual program plan shall specify the approximate scheduled start date for services and supports and shall contain timelines for actions necessary to begin services and supports, including generic services. In addition to the requirements of subdivision (h) of Section 4646, each regional center shall offer, and upon request provide, a written copy of the individual program plan to the person eligible for regional center services, and, if appropriate, the parents, legal guardian or conservator, or authorized representative
of the
person eligible for regional center services within 45 days of their request in a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
If agreed to by the person eligible for regional center services, the parents, legally appointed guardian, or authorized representative of a minor person eligible for regional center services, or the legally appointed conservator of an adult
person eligible for regional center services or the authorized representative, including those appointed pursuant to subdivision (a) of Section 4541, subdivision (b) of Section 4701.6, and subdivision (e) of Section 4705, a review of the general health status of the adult or child, including medical, dental, and mental health needs, shall be conducted. This review shall include a discussion of current medications, any observed side effects, and the date of the last review of the medication. Service providers shall cooperate with the planning team to provide any information necessary to complete the health status review. If any concerns are noted during the review, referrals shall be made to regional center clinicians or to the physician of the person eligible for regional center
services,
as appropriate. Documentation of health status and referrals shall be made in the record of the person eligible for regional center services by the service coordinator.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The development of a transportation access plan for a person eligible for regional center services when all of the following conditions are met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The regional
center is purchasing private, specialized transportation services or services from a residential, day, or other provider, excluding vouchered service providers, to transport the person eligible for regional center services to and from day or work services.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The planning team has determined that community integration and participation could be safe and enhanced through the use of public transportation services.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The planning team has determined that generic transportation services are available and accessible.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
To
maximize independence and community integration and participation, the transportation access plan shall identify the services and supports necessary to assist the
person eligible for regional center services in accessing public transportation and shall comply with Section 4648.35. These services and supports may include, but are not limited to, mobility training services and the use of transportation aides. Regional centers are encouraged to coordinate with local public transportation agencies.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
A schedule of regular periodic review and reevaluation to ascertain that planned services have been provided, that objectives have been fulfilled within the times specified, and that
the person eligible for regional center services and their family are satisfied with the individual program plan and its implementation.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
When a person eligible for regional center services is being cared for in the family home, no later than the 22nd birthday of the person
eligible for regional center services, and annually thereafter, a discussion regarding caregiver succession and, if determined by the
person eligible for regional center services or the representative of the person eligible for regional center services to be necessary, development of a caregiver succession plan, which may include, but is not limited to, both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Identification of individuals who may provide care to the person eligible for regional center services when the current caregiver is no longer able to
perform the necessary tasks.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Identification of possible housing options for the person eligible for regional center services when the they can no longer live at home.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of this paragraph, “caregiver succession” means the point at which the primary caregiver is no longer able to fully care for a
person eligible for regional center services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For all active cases, individual program plans shall be reviewed and modified by the planning team, through the process described in Section 4646, as necessary, in response to the person’s achievement or changing needs, and no less often than once every three years. If the person eligible for regional center services or, if appropriate, the parents, legal guardian, authorized representative, or conservator of the
person eligible for regional center services requests an individual program plan review, the individual program plan shall be reviewed within 30 days after the request is submitted, or no later than 7 days after the request is submitted if necessary for the health and safety of the person eligible for regional center services or to maintain the person eligible for regional center services in their home.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department, with the participation of representatives of a statewide
organization representing persons eligible for regional center services, the Association of Regional Center Agencies, an organized labor organization representing service coordination staff, and the state council shall prepare training material and a standard format and instructions for the preparation of individual program plans, which embody an approach centered on the person and family.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Each regional center shall use the training materials and format prepared by the department pursuant to paragraph (1).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department shall biennially review a random sample of individual program plans at each regional center to ensure that these plans are being developed and modified in compliance with Section 4646 and this
section.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_6466ABF4-93E9-43A3-BDAB-0520F6DCFC92">
<ns0:Num>SEC. 101.</ns0:Num>
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Section 4646.6 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_2A8C8DF5-1921-41C7-8CC5-04F5C1D9FB15">
<ns0:Num>4646.6.</ns0:Num>
<ns0:LawSectionVersion id="id_16D3EADA-07D7-4755-B3D3-E1D054EE7E0B">
<ns0:Content>
<html:p>Notwithstanding Section 632 of the Penal Code, a person eligible for regional center services, or their parent, guardian, conservator, or authorized representative, shall have the right to record electronically the proceedings of the individual program plan meetings on an audiotape recorder. The
person eligible for regional center services, or their parent, guardian, conservator, or authorized representative, shall notify the regional center of their intent to record a meeting at least 24 hours prior to the meeting. If the regional center initiates the notice of intent to audiotape record a meeting and the person eligible for regional center services, or their
parent, guardian, conservator, or authorized representative, refuses to attend the meeting because it will be tape recorded, the meeting shall not be recorded on an audiotape recorder. However, the regional center shall have the right to electronically record the meeting when notice of intent to record has been given by the person eligible for regional center services or on their behalf.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_6F3B441E-3495-4F3C-A015-708C9F9B28DE">
<ns0:Num>SEC. 102.</ns0:Num>
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Section 4647 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_CC4EE655-A2BD-4345-A2D4-97C2F9605E85">
<ns0:Num>4647.</ns0:Num>
<ns0:LawSectionVersion id="id_53CCA3EA-DE75-4766-AB1D-923E24EDD90D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Pursuant to Section 4640.7, service coordination shall include those activities necessary to implement an individual program plan, including, but not limited to, participation in the individual program plan process; assurance that the planning team considers all appropriate options for meeting each individual program plan objective; securing, through purchasing or by obtaining from generic agencies or other resources, services and supports specified in the person’s individual program plan; coordination of service and support programs; collection and dissemination of information; and monitoring implementation of the plan to ascertain that objectives have been fulfilled and to assist in revising the plan as necessary.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The regional center shall assign a
service coordinator who shall be responsible for implementing, overseeing, and monitoring each individual program plan. The service coordinator may be an employee of the regional center or may be a qualified individual or employee of an agency with whom the regional center has contracted to provide service coordination services, or persons described in Section 4647.2. The regional center shall provide the person eligible for regional center services or, where appropriate, their parents, legal guardian, or conservator or authorized representative, with written notification of any permanent change in the assigned
service coordinator within 10 business days.
A person shall not continue to serve as a service coordinator for any individual program plan unless there is agreement by all parties that the person should continue to serve as service coordinator.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
When appropriate, a person eligible for regional center services or
their
parents or other family members, legal guardian, or conservator, may perform all or part of the duties of the service coordinator described in this section if the regional center director agrees and it is feasible.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If any person described in subdivision (c) is designated as the service coordinator, that person shall not deviate from the agreed-upon program plan and shall provide any reasonable information and reports required by the regional center director.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If any person described in subdivision (c) is designated as the service coordinator, the regional center shall provide ongoing information and support as necessary, to assist the person to perform all or part of the duties of service coordinator.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D78B5D61-DAA4-4262-BDE3-AC60A8D93462">
<ns0:Num>SEC. 103.</ns0:Num>
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Section 4648 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_556BDB6F-EBD7-42F3-81F2-8660C85956BE">
<ns0:Num>4648.</ns0:Num>
<ns0:LawSectionVersion id="id_46F5B277-6783-4603-AED4-07FAA8D0C8A1">
<ns0:Content>
<html:p>In order to achieve the stated objectives of the individual program plan of a person eligible for regional center services, the regional center shall conduct activities, including, but not limited to, all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Securing needed services and supports.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
It is the intent of the Legislature that services and
supports assist individuals with developmental disabilities to achieve the greatest self-sufficiency possible and to exercise personal choices. The regional center shall secure services and supports that meet the needs of the person eligible for regional center services, as determined in the individual program plan, and within the context of the individual program plan, the planning team shall give highest preference to those services and supports that would allow minors with developmental disabilities to live with their families, adult persons with developmental disabilities to live as independently as possible in the community, and that allow all
persons eligible for regional center services to interact with persons without disabilities in positive, meaningful ways.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In implementing individual program plans, regional centers, through the planning team, shall first consider services and supports in natural community, home, work, and recreational settings. Services and supports shall be flexible and individually tailored to the person eligible for regional center services and, if appropriate, the
family of the person eligible for regional center services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A regional center may, pursuant to vendorization or a contract, purchase services or supports for a person eligible for regional center services from an individual or agency that the regional center and person eligible for regional center services or, if appropriate, the parents, legal guardian, or conservator, or authorized
representatives of the person eligible for regional center services, determines will best accomplish all or part of the program plan.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Vendorization or contracting is the process for identification, selection, and utilization of service vendors or contractors, based on the qualifications and other requirements necessary in order to provide the service.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A regional center may reimburse an individual or agency for services or supports provided to a
person eligible for regional center services if the individual or agency has a rate of payment for vendored or contracted services established by the department, pursuant to this division, and is providing services pursuant to an emergency vendorization or has completed the vendorization procedures or has entered into a contract with the regional center and continues to comply with the vendorization or contracting requirements. The director shall adopt regulations governing the vendorization process to be utilized by the department, regional centers, vendors, and the individual or agency requesting vendorization.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Regulations shall include, but not be limited to: the vendor application process, and the basis for accepting or denying an application; the qualification and requirements for each category of services that may be provided to a
person eligible for regional center services through a vendor; requirements for emergency vendorization; procedures for termination of vendorization; and the procedure for an individual or an agency to appeal a vendorization decision made by the department or regional center.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A regional center may vendorize a licensed facility for exclusive services to persons with developmental disabilities at a capacity equal to or less than the facility’s licensed capacity. A facility already licensed on January 1, 1999, shall continue to be vendorized at their full licensed capacity until the facility agrees to vendorization at a reduced capacity.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Effective July 1, 2009, notwithstanding any other law or regulation, a regional center shall not newly vendor a State Department of Social Services licensed 24-hour residential care facility with a
licensed capacity of 16 or more beds, unless the facility qualifies for receipt of federal funds under the Medicaid program.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (B) of paragraph (3), a regional center may contract or issue a voucher for services and supports provided to a person eligible for regional center services or family at a cost not to exceed the maximum rate of payment for that service or support established by the department. If a rate has not been established by the department, the regional center may, for an interim period, contract for a specified service or support with, and establish a rate of payment for, a provider of the service or support necessary to implement
the
individual program plan. Contracts may be negotiated for a period of up to three years, with annual review and subject to the availability of funds.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
In order to ensure the maximum flexibility and availability of appropriate services and supports for persons with developmental disabilities, the department shall establish and maintain an equitable system of payment to providers of services and supports identified as necessary to the implementation of an individual program plan. The system of payment shall include a provision for a rate to ensure that the provider can meet the special needs of
persons eligible for regional center services and provide quality services and supports in the least restrictive setting as required by law.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The regional center and the person eligible for regional center services, or if appropriate, the
parents, legal guardian, conservator, or authorized representative of the person eligible for regional center services, including those appointed pursuant to subdivision (a) of Section 4541, subdivision (b) of Section 4701.6, or subdivision (e) of Section 4705, shall, pursuant to the individual program plan, consider all of the following when selecting a provider of services and supports:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A provider’s ability to deliver quality services or supports that can accomplish all or part of the
individual program plan.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A provider’s success in achieving the objectives set forth in the individual program plan.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If appropriate, the existence of licensing, accreditation, or professional certification.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The cost of providing services or supports of comparable quality by different providers, if available, shall be reviewed, and the least costly available provider of comparable service, including the cost of transportation, who is able to accomplish all or part of the
individual program plan, consistent with the particular needs of the person eligible for regional center services and family as identified in the individual program plan, shall be selected. In determining the least costly provider, the availability of federal financial participation shall be considered. The person eligible for regional center services shall not be required to use the least costly provider if it will result in the
person eligible for regional center services moving from an existing provider of services or supports to more restrictive or less integrated services or supports.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department shall, with input from the community, issue a written directive defining the term “cost effective” for the purposes of all programs, including, but not limited to, the Self-Determination Program, no later than August 1, 2026. This directive shall remain in effect until regulations are adopted, but in no case for longer than two years following its issuance. Upon notification by the department to the Legislature that the written directive has been issued, clause (i) shall be ineffective.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For purposes of clause (ii), input from the community shall include, but not be limited to, consultation with the department’s Lived Experience Advisory Group, individuals and families, caregivers, advocates and associations, service providers, regional centers, the State Council on Developmental Disabilities Statewide Self‑Determination Advisory Committee, and legislative staff. The department shall provide adequate notice, or 45 days at a minimum, for the community to review and provide feedback on the draft written directive, with review and consideration by the department of feedback prior to finalization for the August 1, 2026, deadline.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The providers chosen by the person eligible for regional center services or, if appropriate, their parent, legal guardian, authorized representative, or conservator.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A service or support provided by an agency or individual shall not be continued unless the person eligible for regional center services or, if appropriate, the parents, legal guardian, or conservator, or authorized
representative of the person eligible for regional center services, including those appointed pursuant to subdivision (a) of Section 4541, subdivision (b) of Section 4701.6, or subdivision (e) of Section 4705, is satisfied and the regional center and the person eligible for regional center services or, if appropriate, the parents or legal guardian or conservator of the person eligible for regional center services
agree that planned services and supports have been provided, and reasonable progress toward objectives have been made.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Regional center funds shall not be used to supplant the budget of an agency that has a legal responsibility to serve all members of the general public and is receiving public funds for providing those services.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
To maximize federal financial participation and facilitate timely access to residential placements of persons eligible for regional center services in foster care, the department shall enter into interagency agreements to obtain state and federal funding with the state departments that oversee the agencies
that have the legal responsibility to serve all members of the general public and receive public funds for providing those services. The interagency agreement shall specify the proportion or amount of funds reimbursed by each state department or other responsible agency. Following completion of the interagency agreement, the departments shall jointly notify the local agencies.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding any other law, and if specified in the joint notification received pursuant to subparagraph (A), regional centers shall fund the vendored residential service types specified in the joint notification provided to a person eligible for regional center services
who is a child or nonminor dependent who has been adjudged a dependent of the court pursuant to Section 300 or has not been adjudged a dependent of the court pursuant to Section 300 but is in the custody of the county welfare department, or has been adjudged a ward of the court pursuant to Section 601 or 602 and placed in the care and custody of the county probation department. The residential services and supports purchased by the regional center shall be consistent with the individual program plan regardless of the placing agency or placing authority. This section shall not apply to placements made in an institution for mental diseases, as defined in Section 435.1010 of Title 42 of the Code of Federal Regulations.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
This paragraph shall be implemented in consultation with the County Welfare Directors Association of California and
the Association of Regional Center Agencies.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A regional center may, directly or through an agency acting on behalf of the center, provide placement in, purchase of, or follow-along services to persons with developmental disabilities in, appropriate community living arrangements, including, but not limited to, support service for persons eligible for regional center services in homes they own or lease, foster family placements, health care facilities, and licensed community care facilities. In considering appropriate placement alternatives for children with developmental disabilities, approval by the child’s parent or guardian shall be obtained before placement is made.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Effective July 1, 2012, notwithstanding any other law or regulation, a regional center shall not purchase residential services from a State Department of Social Services licensed 24-hour residential care facility with a licensed capacity of 16 or more beds. This prohibition on regional center purchase of residential services does not apply to either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A residential facility with a licensed capacity of 16 or more beds that has been approved to participate in the department’s Home and Community Based Services Waiver or another existing waiver program or certified to participate in the Medi-Cal program.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A residential facility licensed as a mental health rehabilitation center by the State Department of Health Care Services under any of the following circumstances:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The facility is eligible for Medicaid reimbursement and the individual’s planning team determines that there are no less restrictive placements appropriate for the individual.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
There is an emergency circumstance in which the regional center determines that it cannot locate alternate federally eligible services to meet the needs of the person eligible for regional center services. Under an emergency circumstance, an assessment shall be completed by the regional center as soon as possible and within 30 days of admission. An individual program plan meeting shall be convened immediately following the assessment to determine the services and supports needed for stabilization
and to develop a plan to transition the
person eligible for regional center services from the facility into the community. If transition is not expected within 90 days of admission, an individual program plan meeting shall be held to discuss the status of transition and to determine if the person eligible for regional center services is still in need of placement in the facility. Commencing October 1, 2012, this determination shall be made after also considering resource options identified by the statewide specialized resource service. If it is determined that emergency services continue to be necessary, the regional center shall submit an updated transition plan that can cover a period of up to 90 days.
Placement under these emergency circumstances shall not exceed 180 days.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The clients’ rights advocate shall be notified of each admission and individual program planning meeting pursuant to this clause and may participate in all individual program planning meetings unless the person eligible for regional center services objects on their own behalf. For purposes of this subclause, notification to the clients’ rights advocate shall include a copy of the most recent comprehensive assessment or updated assessment and the time, date, and location of the meeting, and shall be provided as soon as
practicable, but not less than seven calendar days before the meeting.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
If a person eligible for regional center services
is placed in a mental health rehabilitation center by another entity, the mental health rehabilitation center shall inform the regional center of the placement within five days of the date the person is admitted. If an individual’s records indicate that the individual is a person eligible for regional center services, the mental health rehabilitation center shall make every effort to contact the local regional center or the department to determine which regional center to provide notice. As soon as possible within 30 days of admission to a mental health rehabilitation center due
to an emergency pursuant to subclause (II), or within 30 days of notification of admission to a mental health rehabilitation center by an entity other than a regional center, an assessment shall be completed by the regional center.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Effective July 1, 2012, notwithstanding any other law or regulation, a regional center shall not purchase new residential services from, or place a person eligible for regional center services in, institutions for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5, for which federal Medicaid funding is not available. Effective July 1, 2013, this prohibition applies regardless of the availability of federal funding.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The prohibition described in clause (i) shall not apply to emergencies, as determined by the regional center, if a regional center cannot locate alternate services to meet the needs of the person eligible for regional center services. As soon as possible within 30 days of admission due to an emergency, an assessment shall be completed by the regional center. An individual program plan meeting shall be convened immediately following the assessment, to determine the services and supports needed for stabilization and to develop a plan to transition the person eligible
for regional center services from the facility to the community. If transition is not expected within 90 days of admission, an emergency program plan meeting shall be held to discuss the status of the transition and to determine if the person eligible for regional center services is still in need of placement in the facility. If emergency services continue to be necessary, the regional center shall submit an updated transition plan to the department for an extension of up to 90 days. Placement shall not exceed 180 days.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Effective January 1, 2020, the exception in clause (ii) shall no longer apply. As of this date, the prohibition in clause (i) shall not apply to acute crises when the following conditions are met
prior to a regional center purchasing new residential services from, or placing a
person eligible for regional center services in, an institution for mental disease:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The regional center prepares an assessment for inclusion in the file of the person eligible for regional center services detailing all considered community-based services and supports, including, but not limited to, rate adjustments, as provided by law, supplemental services, as set forth in subparagraph (F), emergency and crisis intervention services, as set forth in paragraph (11), community crisis home, pursuant to Article 8 (commencing with Section 4698) of Chapter 6, and an explanation of why those options
could not meet the
needs of the person eligible for regional center services.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The director of the regional center confirms that there are no community-based options that can meet the needs of the person eligible for regional center services.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
For purposes of this section, “acute crisis” has the same meaning as defined in paragraph (1) of subdivision (d) of Section 4418.7.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
When admission occurs due to an acute crisis, all of the following shall apply:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
If the regional center does not expect the
person eligible for regional center services to transition back to a community setting within 72 hours, or if the person eligible for regional center services does not transition back to a community setting within 72 hours, the regional center shall do both of the following:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
No later than 10 calendar days from the date the person eligible for regional center services is placed in the institution for mental disease, complete any documentation necessary to support the filing of a petition for commitment
pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 and request the person authorized to present allegations pursuant to Section 6500 file a petition for commitment.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
Complete a comprehensive assessment in coordination with the institution for mental disease staff. The comprehensive assessment shall include the identification of the services and supports needed for crisis stabilization and the timeline for identifying or developing the services and supports needed to transition the person eligible for regional center services back to a community setting. The regional center shall immediately submit a copy of the comprehensive assessment to the committing court. Immediately following the assessment, and not
later than 30 days following admission, the regional center and the institution for mental disease shall jointly convene an individual program plan meeting to determine the services and supports needed for crisis stabilization and to develop a plan to transition the person eligible for regional center services into the community.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
If transition is not expected within 90 days of admission, an individual program plan meeting shall be held to discuss the status of the transition and to determine if the person eligible for regional center services is
still in need of crisis stabilization.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
A
person eligible for regional center services shall reside in an institution for mental disease no longer than six months before being placed into a community living arrangement, unless, prior to the end of the six months, all of the following have occurred:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
The regional center has conducted an additional comprehensive assessment based on current information and determines that the person eligible for regional center services continues to be in an acute crisis.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
The individual program planning team has developed a plan that identifies the specific services and supports necessary to transition the
person eligible for regional center services into the community, and the plan includes a timeline to obtain or develop those services and supports.
</html:p>
<html:p>
(ic)
<html:span class="EnSpace"/>
The committing court has reviewed and, if appropriate, extended the commitment.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
(ia)
<html:span class="EnSpace"/>
A placement of a person eligible for regional center services at an institution for mental disease shall not exceed one year unless both of the following occur:
</html:p>
<html:p>
(Ia)
<html:span class="EnSpace"/>
The regional center demonstrates
significant progress toward implementing the plan to transition the
person eligible for regional center services into the community.
</html:p>
<html:p>
(Ib)
<html:span class="EnSpace"/>
Extraordinary circumstances exist beyond the regional center’s control that have prevented the regional center from obtaining those services and supports within the timeline based on the plan.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
If both of the circumstances under sub-subclause (ia) exist, the regional center may request, and the committing court may grant, an additional extension of the commitment, not to exceed 30 days.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
Institutions for mental disease staff shall assist the person eligible for regional center services with
transitioning back to
their prior residence, or an alternative community-based residential setting, within the timeframe described in this subparagraph.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The department shall monitor placements pursuant to this subparagraph and subsequent transitions back to community-based settings.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
The clients’ rights advocate shall be notified of each admission and individual program planning meeting pursuant to this subparagraph and may participate in all individual program planning meetings unless the person eligible for regional center services objects on their own behalf. For purposes of this clause, notification to the clients’ rights advocate shall include a
copy of the most recent comprehensive assessment or updated assessment and the time, date, and location of the meeting, and shall be provided as soon as practicable, but not less than seven calendar days before the meeting.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
If a person eligible for regional center services is placed in an institution for mental disease by another entity, the institution for mental disease shall inform the regional center of the placement within five days of the date the
person eligible for regional center services is admitted. If an individual’s records indicate that the individual is a
person eligible for regional center services, the institution for mental disease shall make every effort to contact the local regional center or department to determine which regional center to provide notice. As soon as possible within 30 days of admission to an institution for mental disease due to an acute crisis pursuant to clause (ii), or within 30 days of notification of admission to an institution for mental disease by an entity other than a regional center, an assessment shall be completed by the regional center.
</html:p>
<html:p>
(ix)
<html:span class="EnSpace"/>
Regional centers shall complete a comprehensive assessment of a person eligible for regional center services residing in an institution for mental disease as of July 1, 2012, for
which federal Medicaid funding is not available, and for a
person eligible for regional center services residing in an institution for mental disease as of July 1, 2013, without regard to federal funding. The comprehensive assessment shall be completed before the next scheduled individual program plan meeting for the person eligible for regional center services and shall include identification of the services and supports needed and the timeline for identifying or developing those services needed to transition the person eligible for regional
center services
back to the community. Effective October 1, 2012, the regional center shall also consider resource options identified by the statewide specialized resource service. For each individual program plan meeting convened pursuant to this subparagraph, the clients’ rights advocate for the regional center shall be notified of the meeting and may participate in the meeting unless the person eligible for regional center services objects on their own behalf. For purposes of this clause, notification to the clients’ rights advocate shall include the time, date, and location of the meeting, and shall be provided as soon as practicable, but not less than seven calendar days before the meeting.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The transition
process from a mental health rehabilitation center or institution for mental disease shall be based upon the individual’s needs, developed through the individual program plan process, and shall ensure that needed services and supports will be in place at the time the individual moves. Individual supports and services shall include, if appropriate for the individual, wraparound services through intensive individualized support services. The transition shall be to a community living arrangement that is in the least restrictive environment appropriate to the needs of the individual and most protective of the individual’s rights to dignity, freedom, and choice as described in subdivision (a).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Regional centers, through the individual program plan process, shall coordinate for the benefit of the
persons eligible for regional center services
residing in an institution for mental disease, pretransition planning, transition, and access to followup services to help ensure a smooth transition to the community. Individual support services shall include, but shall not be limited to, both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Defined regional center contacts and visits with persons eligible for regional center services and service providers during the 12 months following the movement date.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Identification of issues that need resolution and an individualized support plan to address these issues.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A person with developmental disabilities placed by the regional center in a community living arrangement shall have the rights specified in this division. These rights shall be brought to the person’s attention by any means necessary to reasonably communicate these rights to each resident, provided that, at a minimum, the Director of Developmental Services prepare, provide, and require to be clearly posted in all residential facilities and day programs a poster using simplified language and pictures that is designed to be more understandable by persons with intellectual disabilities and that the rights information shall also be available through the regional center to each residential facility and day program in alternative formats, including, but not limited to, other languages, braille, and audiotapes, if necessary to meet the communication needs of
persons eligible for regional center services.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Persons eligible for regional center services are eligible to receive supplemental services, including, but not limited to, additional staffing, pursuant to the process described in subdivision (d) of Section 4646. Necessary additional staffing that is not specifically included in the rates paid to the service provider may be purchased by the regional center if the additional staff are in excess of the amount required by regulation and the individual’s
planning team determines the additional services are consistent with the provisions of the individual program plan. Additional staff should be periodically reviewed by the planning team for consistency with the individual program plan objectives in order to determine if continued use of the additional staff is necessary and appropriate and if the service is producing outcomes consistent with the individual program plan. Regional centers shall monitor programs to ensure that the additional staff is being provided and utilized appropriately.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Emergency and crisis intervention services, including, but not limited to, mental health services and behavior modification services, may be provided, as needed, to maintain persons with developmental
disabilities in the living arrangement of their own choice. Crisis services shall first be provided without disrupting a person’s living arrangement. If crisis intervention services are unsuccessful, emergency housing shall be available in the person’s home community. If dislocation cannot be avoided, every effort shall be made to return the person to their living arrangement of choice, with all necessary supports, as soon as possible.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Among other service and support options, planning teams shall consider the use of paid roommates or neighbors, personal assistance, technical and financial assistance, and all other service and support options that would result in greater self-sufficiency for the person eligible for regional center services and
cost-effectiveness to the state.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
If facilitation as specified in an individual program plan requires the services of an individual, the facilitator shall be
chosen by the person eligible for regional center services.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
The community support may be provided to assist individuals with developmental disabilities to fully participate in community and civic life, including, but not limited to, programs, services, work opportunities, business, and activities available to persons without disabilities. This facilitation shall include, but not be limited to, any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Outreach and education to programs and services within the community.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Direct support to individuals that would enable them to more fully participate in their community.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Developing unpaid natural supports when possible.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
If feasible and recommended by the individual program planning team, for purposes of facilitating better and cost-effective services for
persons eligible for regional center services or family members, technology, including telecommunication technology, may be used in conjunction with other services and supports. Technology in lieu of the in-person appearances of a person eligible for regional center services at judicial proceedings or administrative due process hearings may be used only if the person eligible for
regional center services or, if appropriate, the parent, legal guardian, conservator, or authorized representative of the person eligible for regional center services, gives informed consent. Technology may be used in lieu of, or in conjunction with, in-person training for providers, as appropriate.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
Other services and supports may be provided as set forth in Sections 4685, 4686, 4687, 4688, and 4689, when necessary.
</html:p>
<html:p>
(17)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, effective July 1, 2009, regional centers shall not purchase experimental treatments,
therapeutic services, or devices that have not been clinically determined or scientifically proven to be effective or safe or for which risks and complications are unknown. Experimental treatments or therapeutic services include experimental medical or nutritional therapy when the use of the product for that purpose is not a general physician practice. For persons eligible for regional center services receiving these services as part of their individual program plan (IPP) or individualized family service plan (IFSP) on July 1, 2009, this prohibition shall apply on August 1, 2009.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Advocacy for, and protection of, the civil, legal, and service rights of persons with developmental disabilities as
established in this division.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the advocacy efforts of a regional center to secure or protect the civil, legal, or service rights of a person eligible for regional center services prove ineffective, the regional center or the person with developmental disabilities or the person’s parents, legal guardian, or other representative may request advocacy assistance from the state council.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The regional center may assist persons eligible for regional center services and families
directly, or through a provider, in identifying and building circles of support within the community.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
In order to increase the quality of community services and protect
persons eligible for regional center services, the regional center shall, if appropriate, take either of the following actions:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Identify services and supports that are ineffective or of poor quality and provide or secure consultation, training, or technical assistance services for an agency or individual provider to assist that agency or individual provider in upgrading the quality of services or supports.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Identify providers of services or supports that may not be in compliance with local, state, and federal statutes and regulations and notify the appropriate licensing or regulatory authority to investigate the possible noncompliance.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If necessary to expand the availability of needed services of good quality, a regional center may take actions that include, but
are not limited to, the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Soliciting an individual or agency by requests for proposals or other means, to provide needed services or supports not presently available.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Requesting funds from the Program Development Fund, pursuant to Section 4677, or community placement plan funds designated from that fund, to reimburse the startup costs needed to initiate a new program of services and supports.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Using creative and innovative service delivery models, including, but not limited to, natural supports.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Except in emergency situations, a regional center shall not provide direct treatment and therapeutic services, but shall utilize appropriate public and private community agencies and service providers to obtain those services for
the persons eligible for regional center services that it serves.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If there are identified gaps in the system of services and supports persons eligible for regional center services for whom no provider will provide services and supports contained in their individual program plan, the department may provide the services and supports directly.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
At least annually, regional centers shall provide the person eligible for regional center services, their
parents, legal guardian, conservator, or authorized representative a statement of services and supports the regional center purchased for the purpose of ensuring that they are delivered. The statement shall include the type, unit, month, and cost of services and supports purchased.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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<ns0:BillSection id="id_8FEE53DC-9E0C-403A-9DEA-013F8391236C">
<ns0:Num>SEC. 104.</ns0:Num>
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Section 4648.1 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_F0759024-8804-4A00-B33B-48C44D3A2AFD">
<ns0:Num>4648.1.</ns0:Num>
<ns0:LawSectionVersion id="id_DB9A5B9B-E0BB-4BEE-B029-915AC9A3B443">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The State Department of Developmental Services and regional centers may monitor services and supports purchased for persons eligible for regional center services with or without prior notice. Not less than two monitoring visits to a licensed long-term health care or community care facility or family home agency home each year shall be unannounced. The department may conduct fiscal reviews and audits of the service providers’ records.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Department and regional center staff involved in monitoring or auditing services provided to
persons eligible for regional center services served through that regional center by a service provider shall have access to the provider’s grounds, buildings, and service program, and to all related records, including books, papers, computerized data, accounting records, and related documentation. All persons connected with the service provider’s program, including, but not limited to, program administrators, staff, consultants, and accountants, shall provide information and access to facilities as required by the department or regional center.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department, in cooperation with regional centers, shall ensure that all providers of services and supports purchased by regional centers for persons eligible for regional
center services
are informed of all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The provisions of this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The responsibility of providers to comply with laws and regulations governing both their service program and the provision of services and supports to people with developmental disabilities.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The responsibility of providers to comply with conditions of any contract or agreement between the regional center and the provider, and between the provider and the department.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The rights of providers established in regulations adopted pursuant to Sections 4648.2, 4748, and 4780.5, to appeal actions taken by regional centers or the department as a result of their monitoring and auditing findings.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A regional center may terminate payments for services, and may terminate its contract or authorization for the purchase of
services for persons eligible for regional center services if it determines that the provider has not complied with provisions of its contract or authorization with the regional center or with applicable state laws and regulations. When terminating payments for services or its contract or authorization for the purchase of services for persons eligible for regional center services, a regional center shall make reasonable efforts to avoid unnecessary disruptions of
those services.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A regional center or the department may recover from the provider funds paid for services when the department or the regional center determines that either of the following has occurred:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The services were not provided in accordance with the regional center’s contract or authorization with the provider,
or with applicable state laws or regulations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The rate paid is based on inaccurate data submitted by the provider on a provider cost statement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any funds so recovered shall be remitted to the department.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Any evidence of suspected licensing violations found by department or regional center personnel shall be reported immediately to the appropriate state licensing agency.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Regional centers may establish volunteer teams, made up of
persons eligible for regional center services, parents, other family members, and advocates to conduct the monitoring activities described in this section.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
In meeting its responsibility to provide technical assistance to providers of community living arrangements for persons with developmental disabilities, including, but not limited to, licensed residential facilities, family home agencies, and supported or independent living arrangements, a regional center shall utilize the “Looking at Service Quality-Provider’s Handbook” developed by the department or subsequent revisions developed by the department.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Effective July 1, 2009, a regional center shall not be required to perform triennial evaluations of community care facilities, as described in Sections 56046, 56049, 56050, 56051, and 56052 of Title 17 of the California Code of
Regulations.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_CEFD1979-3CE2-42A3-902B-9805A38064F9">
<ns0:Num>SEC. 105.</ns0:Num>
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Section 4648.11 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_3FFB78A7-EC1A-460F-9066-999696A18739">
<ns0:Num>4648.11.</ns0:Num>
<ns0:LawSectionVersion id="id_596A2FFB-B733-4E9D-91AE-6FA72B01297E">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in subdivision (b), a request for proposals that is prepared by a regional center for services and supports for persons eligible for regional center services shall include a section on issues of equity and diversity.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The section on equity and diversity shall request, but not be limited to, all of the following information:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A statement
outlining the applicant’s plan to serve diverse populations, including, but not limited to, culturally and linguistically diverse populations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Examples of the applicant’s commitment to addressing the needs of those diverse populations.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Any additional information that the applicant deems relevant to issues of equity and diversity.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A request for proposals that applies only to specifically identified persons eligible for regional center services is required only to request information on how the applicant plans to provide culturally and linguistically competent services and supports to those specific
persons eligible for regional center services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section shall not alter contracts entered into before January 1, 2014.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_AF6127B6-EB40-48FB-B286-D0A12AFB9CEA">
<ns0:Num>SEC. 106.</ns0:Num>
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Section 4648.12 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_C3BC63E3-874C-4B79-8EA5-6076DEF7313E">
<ns0:Num>4648.12.</ns0:Num>
<ns0:LawSectionVersion id="id_1FEA1132-133C-4160-863C-E412ED6852FE">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares that under federal and state law, certain individuals and entities are ineligible to provide Medicaid services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An individual, partnership, group association, corporation, institution, or entity, and the officers, directors, owners, managing employees, or agents thereof, that has been convicted of any felony or misdemeanor involving fraud or abuse in any government program, or related to neglect or abuse of an elder or dependent adult or child, or in connection with the interference with, or obstruction of, any investigation into health care related fraud or abuse, or that has been found liable for fraud or abuse in any civil proceeding, or that has entered into a settlement in lieu of conviction for fraud or abuse in
any government program, within the previous 10 years, shall be ineligible to be a regional center vendor. The regional center shall not deny vendorization to an otherwise qualified applicant whose felony or misdemeanor charges did not result in a conviction solely on the basis of the prior charges.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In order to ensure compliance with federal disclosure requirements and to preserve federal funding of services for persons eligible for regional center services, the department shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Adopt emergency regulations to amend provider and vendor eligibility and disclosure criteria to meet federal participation requirements.
These emergency regulations shall address, at a minimum, disclosure requirements of current and prospective vendors, including information about entity ownership and control, contracting interests, and criminal convictions or civil proceedings involving fraud or abuse in any government program, or abuse or neglect of an elder, dependent adult, or child.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Adopt emergency regulations to meet federal requirements applicable to vouchered services.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The adoption, amendment, repeal, or readoption of a regulation authorized by this paragraph is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.9 of the Government Code, and the department is hereby exempted from that requirement. For purposes of subdivision (e) of Section 11346.1 of the Government Code, the 120-day period, as
applicable to the effective period of an emergency regulatory action and submission of specified materials to the Office of Administrative Law, is hereby extended to 180 days.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Adopt nonemergency regulations to implement the terms of paragraph (1) through the regular rulemaking process pursuant to Sections 11346 and 11349.1 of the Government Code within 18 months of the adoption of emergency regulations pursuant to paragraph (1).
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_24D13769-A6F3-46E2-904C-E972568904A6">
<ns0:Num>SEC. 107.</ns0:Num>
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Section 4648.14 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_AC6F6166-7224-4741-AAE5-389232B060AE">
<ns0:Num>4648.14.</ns0:Num>
<ns0:LawSectionVersion id="id_A7CBC8D5-7328-445E-845D-F8865667EA8D">
<ns0:Content>
<html:p>Notwithstanding any other law, the State Department of Social Services and the State Department of Public Health shall notify the State Department of Developmental Services of any administrative action initiated against a licensee serving persons with developmental disabilities. For the purposes of this section “administrative action” includes, but is not limited to, all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The issuance of a citation requiring corrective action for a health and safety violation.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The temporary or other suspension or revocation of a license.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The issuance of a temporary restraining order.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The appointment of a temporary receiver pursuant to Section 1327 of the Health and Safety Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_77778F30-87CB-4707-B527-CC532BE005B2">
<ns0:Num>SEC. 108.</ns0:Num>
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Section 4648.35 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_E3FBF821-2CC3-4326-A7AD-BE7438A6132D">
<ns0:Num>4648.35.</ns0:Num>
<ns0:LawSectionVersion id="id_84D54A73-14AE-4B28-9B46-8DA50888185B">
<ns0:Content>
<html:p>At the time of development, review, or modification of an individual program plan (IPP) or an individualized family service plan (IFSP), all of the following shall apply to a regional center:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
A regional center shall not fund private specialized transportation services for an adult
eligible for regional center services who can safely access and utilize public transportation, when that transportation is available.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A regional center shall fund the least expensive transportation modality that meets the needs of the person eligible for regional center services, as set forth in their IPP or IFSP.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A regional center
shall fund transportation, when required, from the
residence of the person eligible for regional center services to the lowest cost vendor that provides the service that meets their needs, as set forth in their IPP or IFSP. For purposes of this subdivision, the cost of a vendor shall be determined by combining the vendor’s
program costs and the costs to transport a
person
eligible for regional center services from their residence to the vendor.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A regional center shall fund transportation services for a minor child living in the family residence, only if the family of the child provides sufficient written documentation to the regional center to demonstrate that it is unable to provide transportation for the child.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_62AC93B2-EDED-4CCC-8FA0-49FE5A3E0F90">
<ns0:Num>SEC. 109.</ns0:Num>
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Section 4648.55 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_131F9490-4EC0-4E6C-AB00-6C9BF1DFF348">
<ns0:Num>4648.55.</ns0:Num>
<ns0:LawSectionVersion id="id_92755CDB-C5B8-4172-9985-7E59E15106B7">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Except as provided in subdivision (d), a regional center shall not purchase day program, vocational education, work services, independent living program, or mobility training and related transportation services for a person eligible for regional center services who is 18 to 22 years of age, inclusive, if they are
eligible for special education and related education services and have not received a diploma or certificate of completion, unless the individual program plan (IPP) planning team determines that the needs of the person eligible for regional center services cannot be met in the educational system or grants an exemption pursuant to subdivision (d). If the planning team determines that generic services can meet the
day, vocational education, work services, independent living, or mobility training and related transportation needs of the person eligible for regional center services, the regional center shall assist the person eligible for regional center services
in accessing those services. To ensure that persons eligible for regional center services receive appropriate educational services and an effective transition from services provided by educational agencies to services provided by regional centers, the regional center service coordinator, at the request of the person eligible for regional center services or, where appropriate, their parent,
legal guardian, or conservator, may attend the individualized education program (IEP) planning team meeting.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For persons eligible for regional center services who are 18 to 22 years of age, inclusive, who have left the public school system, and who are receiving regional center purchased services identified in subdivision (a) on or before June 30, 2011, a determination shall be made through the IPP as to whether the return to the educational system can be achieved while meeting the
needs of the person eligible for regional center services. If the planning team determines that their needs cannot be met in the educational system, the regional center may continue to purchase the services identified in subdivision (a). If the planning team determines that generic services can meet the day, vocational education, work services, independent living, or mobility training and related transportation needs of the person eligible for regional center services, the
regional center shall assist the
person eligible for regional center services in accessing those services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For persons eligible for regional center services who are 18 to 22 years of age, inclusive, who have left school prior to June 30, 2011, but who are not receiving any of the regional center purchased services identified in subdivision (a), the regional center shall use generic education services to meet the day,
vocational education, work services, independent living, or mobility training and related transportation needs of the person eligible for regional center services
if those needs are subsequently identified in the IPP unless the person eligible for regional center services is eligible for an exemption as set forth in subdivision (d). If the planning team determines that generic services can meet the day, vocational education, work services, independent living, or mobility training and related transportation needs of the person eligible for regional center services, the regional center shall assist the
person eligible for regional center services in accessing those services.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An exemption to the provisions of this section may be granted in either of the following circumstances:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For participation in a paid internship or competitive integrated employment that is an outcome of a paid internship described in subdivision (a) of Section 4870 if the IPP planning team determines that the person eligible for regional center services could benefit from participation in a paid internship or competitive integrated employment. Participation in a paid internship or competitive integrated employment that is an outcome of a paid internship does not
preclude a
person eligible for regional center services from continuing to receive public education services to the extent those services are determined to continue to meet their needs.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
On an individual basis in extraordinary circumstances to permit purchase of a service identified in subdivision (a). An exemption shall be granted through the IPP process and shall be based on a determination that the generic service is not appropriate to meet the needs of the person eligible for regional center services.
The person eligible for regional center services shall be informed of the exemption and the process for obtaining an exemption.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A school district may contract with regional center vendors to meet the needs of persons eligible for regional center services pursuant to this section.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_BD175F5A-CB2B-4652-ADDA-E3C4EA4BE295">
<ns0:Num>SEC. 110.</ns0:Num>
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Section 4655 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_75FFA42C-C13E-4C1C-A4D4-A0454129E091">
<ns0:Num>4655.</ns0:Num>
<ns0:LawSectionVersion id="id_17D924A4-B91F-4038-8573-DF4934DAB7CF">
<ns0:Content>
<html:p>The director of a regional center or their designee may give consent to medical, dental, and surgical treatment of a regional center client and provide for such treatment to be given to the person under the following conditions:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
If the parent, guardian, or conservator of the person with a developmental disability legally authorized to consent to such treatment does
not respond within a reasonable time to the request of the director or
their designee to grant or deny consent for the treatment, the director of a regional center or their designee may consent to the
treatment on behalf of the person with a developmental disability and provide for
that treatment to be given to the person.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the person with a developmental disability has no parent, guardian, or conservator legally authorized to consent to medical, dental, or surgical treatment on behalf of the person, the director of the regional center or their designee may consent to
the
treatment on behalf of the person and provide for
that treatment to be given to the person. The director of a regional center or their designee may then also initiate, or cause to be initiated, proceedings for the appointment of a guardian or conservator legally authorized to consent to medical, dental, or surgical services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If the person with a developmental
disability
is an adult and has no conservator, consent to treatment may be given by someone other than the person on the person’s behalf only if the person with a developmental disability is mentally incapable of giving their own consent.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_20823D57-687B-4D0D-AA84-8CE12C3A0FF4">
<ns0:Num>SEC. 111.</ns0:Num>
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Section 4656 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_EA4A93A1-53AA-4AC8-9074-05E65336C6B1">
<ns0:Num>4656.</ns0:Num>
<ns0:LawSectionVersion id="id_FC072BF3-26AA-4567-ADD5-8A05AE664921">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A qualified physician and surgeon who diagnoses a developmental disability, as defined in Section 4512, of a patient who is a minor shall attempt to determine from the patient, the parents or guardian of the patient, or the regional center for the area whether the person has been previously referred to the regional center for the area. If the patient has not been previously referred to the regional center, the physician and surgeon shall inform a parent or the guardian of the patient
of the existence of the regional center for the area, its address and telephone number, and shall describe to the person the services available through the regional center, and shall, upon request of the patient’s parent or guardian, refer in writing the patient through their parent or guardian to the regional center. Upon obtaining the consent of the patient’s parent or guardian, the physician and surgeon shall notify the regional center of the referral.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the purposes of this section, “qualified physician and surgeon” means those physicians and surgeons who have recognized and accredited training and a specialized pediatric practice in childhood disabilities.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Each regional center shall maintain a record of every person with a developmental disability under 18 years of age known by the regional center to
have been referred to it for its services, whether or not services are actually provided.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department shall transmit a copy of this section and of Section 4512 to every physician and surgeon licensed to practice in this state and every general acute care hospital licensed under Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code. A list of the name and address of each regional center and other pertinent information as the department deems appropriate shall also be transmitted, both in English and Spanish.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
It is not the intent of the Legislature in enacting this section to prevent any physician and surgeon subject to subdivision (a) from providing care or treatment to a minor with a developmental disability or to deprive minors with developmental disabilities of adequate care provided through sources other than a regional center.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_5312B1E5-208A-495C-8B0F-0E922E5C6537">
<ns0:Num>SEC. 112.</ns0:Num>
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Section 4659 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_5FBB901F-A659-4591-90F9-26F02606CDB8">
<ns0:Num>4659.</ns0:Num>
<ns0:LawSectionVersion id="id_B4733F49-87D9-4D17-BC43-167CEAD6E77B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Except as otherwise provided in subdivision (b) or (e), the regional center shall identify and pursue all possible sources of funding for persons who are receiving regional center services. These sources shall include, but not be limited to, both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Governmental or other entities or programs required to provide or pay the cost of providing services, including Medi-Cal, Medicare, the Civilian Health and Medical Program for Uniform
Services, school districts, and federal supplemental security income and the state supplementary program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Private entities, to the maximum extent they are liable for the cost of services, aid, insurance, or medical assistance to the person eligible for regional center services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Any revenues collected by a regional center pursuant to this section shall be applied against the cost of services prior to use of regional center funds for those services. This revenue shall not result in a reduction in the regional center’s purchase of services budget, except as it relates to federal supplemental security income and the state supplementary program.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Effective July 1, 2009, notwithstanding any other law or regulation, regional centers shall not purchase any service that would otherwise be available from Medi-Cal, Medicare, the Civilian Health and Medical Program for Uniform Services, In-Home Supportive Services, California Children’s Services, private insurance, or a health care service plan when a person eligible for regional center services or a family meets the criteria of this coverage but chooses not to pursue that coverage. If, on July 1, 2009, a regional center is purchasing that service
as part of an
individual program plan (IPP), the prohibition shall take effect on October 1, 2009.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Effective July 1, 2009, notwithstanding any other law or regulation, a regional center shall not purchase medical or dental services for a person eligible for regional center services three years of age or older unless the regional center is provided with documentation of a Medi-Cal, private insurance, or a health care service plan denial and the regional center determines that an appeal by the
person eligible for regional center services or family of the denial does not have merit. If, on July 1, 2009, a regional center is purchasing the service as part of an IPP for a person eligible for regional center services, this provision shall take effect on August 1, 2009. Regional centers may pay for medical or dental services during the following periods:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
While coverage is being pursued, but before a denial is made.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Pending a final administrative decision on the administrative appeal if the family has provided to
the regional center a verification that an administrative appeal is being pursued.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Until the commencement of services by Medi-Cal, private insurance, or a health care service plan.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
When necessary, the
person eligible for regional center services or family may receive assistance from the regional center, the Clients’ Rights Advocate funded by the department, or the state council in pursuing these appeals.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall not impose any additional liability on the parents of children with developmental disabilities, or to restrict eligibility for, or deny services to, any individual who qualifies for regional center services but is unable to pay.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
In order to best utilize generic resources, federally funded programs, and private insurance programs for individuals with developmental disabilities, the department and regional centers shall engage in the following activities:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Within existing resources, the department shall provide training to regional centers, no
less than once every two years, in the availability and requirements of generic, federally funded and private programs available to persons with developmental disabilities, including, but not limited to, eligibility requirements, the application process and covered services, and the appeal process.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Regional centers shall disseminate information and training to all service coordinators regarding the availability and requirements of generic, federally funded, and private insurance programs on the local level.
</html:p>
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<ns0:BillSection id="id_728CF25F-FB19-415A-824A-E8EEEE608016">
<ns0:Num>SEC. 113.</ns0:Num>
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Section 4659.1 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_7003C786-5A90-44F1-A0E1-78A6C3593C3F">
<ns0:Num>4659.1.</ns0:Num>
<ns0:LawSectionVersion id="id_CADDBC17-A169-4EE4-9599-433A29EBDE38">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If a service or support provided pursuant to an individual program plan under this division is paid for, in whole or in part, by the health care service plan or health insurance policy of the parent, guardian, or
caregiver of the person eligible for regional center services, the regional center may, when necessary to ensure that the person eligible for regional center services receives the service or support, pay any applicable copayment, coinsurance, or deductible associated with the service or support for which the parent, guardian, or caregiver is responsible if all of the following conditions are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The person eligible for regional center services is covered by their parent’s, guardian’s, or caregiver’s
health care service plan or health insurance policy.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The family has an annual gross income that does not exceed 400 percent of the federal poverty level.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
There is no other third party having liability for the cost of the service or support, as provided in subdivision (a) of Section 4659 and Article 2.6 (commencing with Section 4659.10).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If a service or support provided to a person eligible for regional center services who is 18 years of age or older, pursuant to the individual program plan, is paid for in whole or
in part by the health care service plan or health insurance policy of the person eligible for regional center services, the regional center may, when necessary to ensure that the person eligible for regional center services receives the service or support, pay any applicable copayment, coinsurance, or deductible associated with the service or support for which the
person eligible for regional center services is responsible if both of the following conditions are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The person eligible for regional center services has an annual gross income that does not exceed 400 percent of the federal poverty level.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
There is no other third party having liability for the cost of the service or support, as provided in subdivision (a) of Section 4659 and Article 2.6 (commencing with Section 4659.10).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If a service or support provided pursuant to
an individualized family service plan pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) of a person eligible for regional center services is paid for, in whole or in part, by the health care service plan or health insurance policy of the parent, guardian, or caregiver of the person eligible for regional center services, the regional center shall pay any applicable copayment, coinsurance,
or deductible associated with the service or support for which the parent, guardian, or caregiver is responsible if both of the following conditions are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The person eligible for regional center services is covered by their parent’s, guardian’s, or caregiver’s health care service plan or health insurance policy.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
There is no other third party having liability for the cost of the service or support, as provided in subdivision (a) of Section 4659 and Article 2.6 (commencing with Section 4659.10).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding paragraph (2) of subdivision (a) or paragraph (1) of subdivision (b), a regional center may pay a
copayment, coinsurance, or deductible associated with the health care service plan or health insurance policy for a service or support provided pursuant to
an individual program plan if the income of the person eligible for regional center services or their family exceeds 400 percent of the federal poverty level, the service or support is necessary to successfully maintain the child at home or the adult in the least restrictive setting, and the parents or
person eligible for regional center services
demonstrate one or more of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The existence of an extraordinary event that impacts the ability of the parent, guardian, or caregiver to meet the care and supervision needs of the child or impacts the ability of the parent, guardian, or caregiver, or adult
eligible for regional center services with a health care service plan or health insurance policy, to pay the copayment, coinsurance, or deductible.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The existence of catastrophic loss that temporarily limits the ability to pay of the parent, guardian, or caregiver, or adult
eligible for regional center services with a health care service plan or health insurance policy and creates a direct economic impact on the family or adult
eligible for regional center services. For purposes of this paragraph, catastrophic loss may include, but is not limited to, natural disasters and accidents involving major injuries to an immediate family member.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Significant unreimbursed medical costs associated with the care of the
person eligible for regional center services or another child who is also a
person eligible for regional center services.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The parent, guardian, or caregiver of a person eligible for regional center services or an adult
eligible for regional center services with a health care service plan or health insurance policy shall self-certify the family’s gross annual income to the regional center by providing copies of W-2 Wage Earners Statements, payroll stubs, a copy of the prior year’s state income tax return, or other documents and proof of other income.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The parent, guardian, or caregiver of a
person eligible for regional center services or an adult
eligible for regional center services with a health care service plan or health insurance policy is responsible for notifying the regional center when a change in income occurs that would result in a change in eligibility for coverage of the health care service plan or health insurance policy copayments, coinsurance, or deductibles.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Documentation submitted pursuant to this section shall be considered records obtained in the course of providing intake, assessment, and services and shall be confidential pursuant to Section 4514.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section shall not be implemented in a manner that is inconsistent with the requirements of Part C of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et
seq.).
</html:p>
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<ns0:BillSection id="id_9811F56F-0F43-461A-A315-9062847B93B9">
<ns0:Num>SEC. 114.</ns0:Num>
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Section 4659.2 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_AB498084-443C-47C6-B3FE-82C6030683D5">
<ns0:Num>4659.2.</ns0:Num>
<ns0:LawSectionVersion id="id_335A4D9C-7A02-4925-907E-DDF731D94D7B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For the purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Physical restraint” means any behavioral or mechanical restraint, as defined in Section 1180.1 of the Health and Safety Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Chemical restraint” means a drug that is used to control behavior and that is used in a manner not required to treat the patient’s medical conditions.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Seclusion” means involuntary confinement of a person alone in a room or an area as defined in subdivision (e) of Section 1180.1 of the Health and Safety Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Long-term health care facility” means a facility,
as defined in Section 1418 of the Health and Safety Code, that is required to report to a regional center pursuant to Section 54327 of Title 17 of the California Code of Regulations.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Acute psychiatric hospital” means a facility, as defined in subdivision (b) of Section 1250 of the Health and Safety Code, including an institution for mental disease, that is a regional center vendor.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Regional center vendor” means an agency, individual, or service provider that a regional center has approved to provide vendored or contracted services or supports pursuant to paragraph (3) of subdivision (a) of Section 4648.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Community crisis home” means a facility, as defined in Section 4698, that is a regional center vendor.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Mental health rehabilitation
center” means a residential facility that is licensed by the State Department of Health Care Services and is a regional center vendor.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
All regional center vendors that provide crisis or residential services or supported living services, including community crisis homes and mental health rehabilitation centers, long-term health care facilities, and acute psychiatric hospitals shall report to the agency designated pursuant to subdivision (i) of Section 4900 all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Each death or serious injury of a person occurring during, or related to, the use of seclusion, physical restraint, or chemical restraint, or any combination thereof.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Any unexpected or suspicious death, regardless of whether the cause is immediately known.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Any allegation of sexual assault, as defined in Section 15610.63, in which the alleged perpetrator is a staff member, service provider, or facility employee or contractor.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Any report made to the local law enforcement agency in the jurisdiction in which the facility is located that involves physical abuse, as defined in Section 15610.63, in which a staff member, service provider, or facility employee or contractor is implicated.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The reports described in paragraph (1) shall be made no later than the close of the business day following the death or serious injury. The report shall include the encrypted identifier of the person involved, and the name, street address, and telephone number of the facility.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On a monthly basis, all regional center vendors that provide
crisis or residential services or supported living services, long-term health care facilities, and acute psychiatric hospitals shall report to the State Department of Developmental Services, the regional center providing services to the person eligible for regional center services, the vendoring regional center, if different, and the agency designated pursuant to subdivision (i) of Section 4900 all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The number of incidents of seclusion and the duration of time spent per incident in seclusion.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The number of incidents of the use of behavioral restraints and the duration of time spent per incident of restraint.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The number of times an involuntary emergency medication is used to control behavior.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The reports required pursuant to paragraph (1) shall include the name, street address, and telephone number of the facility.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_26AC9919-5C85-476D-9E13-9F3CC5A9B3FB">
<ns0:Num>SEC. 115.</ns0:Num>
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Section 4659.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_ABA65EF4-CD80-4AF1-92D3-2EAA92EB44CC">
<ns0:Num>4659.5.</ns0:Num>
<ns0:LawSectionVersion id="id_02943BF0-1A08-43C2-A7ED-D6FD1676F74B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
This article shall apply to any dispute over the provision of services where the regional center believes that a generic agency, as defined in subdivision (g), is legally obligated to fund or provide a service or services that are contained in the individualized family service plan or individual program plan for any child under six years of age.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This article shall apply only to disputes over which entity is to deliver or pay for a specific type, frequency, or duration of services, or any combination thereof, when the services are contained in the individualized family service plan or individual program plan for any child under six years of age. This article shall not apply to the resolution of disputes between a
person eligible for regional center services or their authorized representative and a regional center over the provision of, or payment for, a service, nor shall this article apply to the determination of eligibility for any service.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This article does not apply when the dispute has been decided after a due process hearing or resolved by the agreement of all parties, in a proceeding under the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) in which the regional center and local educational agency have been joined.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This article does not apply to a dispute over the type,
frequency, and duration of service when a
person eligible for regional center services has requested mediation or a due process hearing under the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) and the regional center and local educational agency have been joined in the proceeding.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This article does not modify the mandated responsibility of a regional center or a local educational agency to fund services identified in the individualized family service plan as set forth in subdivisions (b) to (e), inclusive, of Section 95014 of the Government Code and Sections 52106 to 52110, inclusive, of Title 17 of the California Code of Regulations.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This article does not modify the responsibilities of regional centers to fund services pursuant to this division.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
For purposes of this article, “generic agency” means a publicly funded agency referred to in paragraph (8) of subdivision (a) of Section 4648, except that the term does not apply to Medi-Cal specialty mental health plans that are governed by dispute resolution processes outlined in Chapter 11 (commencing with Section 1810.100) of Division 1 of Title 9 of the California Code of Regulations, an individual, organization, or entity operating under a Medi-Cal managed care plan contract with the State Department of Health Care Services under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9, the Genetically Handicapped Persons Program, administered by the State Department of Health Care Services pursuant to Article 1 (commencing with Section 125125) of Chapter 2 of Part 5 of Division 106 of the Health and Safety Code, or to the California Children’s Services Program administered by the State Department of Health Care Services pursuant to
Article 5 (commencing with Section 123800) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code.
</html:p>
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<ns0:BillSection id="id_E4CC7E81-79B0-49F8-9B4D-0EE963CE8A9F">
<ns0:Num>SEC. 116.</ns0:Num>
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Section 4659.7 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_17B8ADB2-F821-4D7F-9501-0DEA76FB2ECC">
<ns0:Num>4659.7.</ns0:Num>
<ns0:LawSectionVersion id="id_4B662682-9857-4B8D-93A6-81B192776AFA">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Whenever a regional center believes that a generic agency is responsible for providing or paying for a service required pursuant to Sections 4646.5 to 4648, inclusive, or Section 95020 of the Government Code and specified in the individualized family service plan or individual program plan, and the generic agency is not providing or funding the service or services, the regional center may submit a written notification of the failure to provide the service and a request for dispute resolution to the appropriate generic agency. Any regional center that files written notification of the failure to provide a service and a request for dispute resolution with a generic agency as set forth in this section, shall provide written
notification of its request for resolution to the parent, legal guardian, or authorized representative of the person eligible for regional center services. The regional center may withdraw its request for dispute resolution at any time during this process.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1) Upon receipt of the written notification made by the regional center, the generic agency and the regional center shall have 15 calendar days to meet to resolve the dispute unless the generic agency notifies the regional center in writing that it needs additional time, up to 15 days, to make an initial assessment of whether the child meets the basic eligibility requirements for the
program or type of service in question.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The generic agency and the regional center shall prepare a written copy of the meeting resolution which shall be mailed to the parent, guardian, or other authorized representative within 10 calendar days of the meeting. The resolution shall specify the regional center or generic agency responsible for providing the service.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1) If the dispute cannot be resolved to the satisfaction of the regional center and the generic agency, within 10 calendar days of the meeting, each party shall submit
their contentions on the issue in writing to the Director of the Office of Administrative Hearings within 30 calendar days of the meeting. The Director of the Office of Administrative Hearings, or their designee, shall review the issue and issue a written decision within 30 calendar days of receipt of the case. The decision shall specify the regional center or generic agency responsible for the service or services. The Office of Administrative Hearings may award reimbursement retroactively to the date the prevailing party initiated the provision of the services that were in dispute. A written copy of the resolution shall be mailed to the parent, guardian, or authorized representative, the Director of Developmental Services, the regional center, and the generic agency
involved in the dispute resolution process.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The decision of the Director of the Office of Administrative Hearings, or their designee, shall be the final administrative decision for all agencies that are parties to the dispute.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This article does not supersede regional center or generic agency procedures for subsequent review and modification, as appropriate, of the type, frequency, or duration of services pursuant to the agency’s program or
treatment planning process.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1) The submission of a notification pursuant to subdivision (a) shall not interfere with the right
of a person eligible for regional center services to receive the services and supports in their individualized family service plan or individual program plan on a timely basis.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Arrangements for the provision of an interim service or services may be made by written agreement between the regional center and the generic agency, provided the child’s individualized family service plan or individual program plan is not altered, except as to which agency delivers or pays for the service if the service or services are included in the individualized family service plan or individual program plan.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Nothing in this section shall prevent a person eligible for regional center services or their authorized representative from pursuing administrative remedies otherwise available, including remedies pursuant to Chapter 7 (commencing with Section 4700) of Division 4.5, of this code or Sections 52160 to 52174, inclusive, of Title 17 of the California Code of Regulations or, after exhaustion of any applicable administrative remedies, pursuing available remedies through a civil action in any court of competent jurisdiction.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Once the dispute resolution procedures have been completed, the agency determined responsible for the service shall pay for and provide the service, and shall reimburse the other agency that provided the service pursuant to subdivision (d), if applicable.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The State Department of Developmental Services shall pay for the services provided by the Office of Administrative Hearings pursuant to this section.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_8A83BA12-69A2-4BFE-A8A2-8302E8B14E0C">
<ns0:Num>SEC. 117.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4659.11.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4659.11 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_4F572181-D5CA-4AE7-85E0-C9F9F2F16527">
<ns0:Num>4659.11.</ns0:Num>
<ns0:LawSectionVersion id="id_A0EA1040-54B5-4B1B-A768-C07744B6C4E3">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
When services are provided or will be provided to a person eligible for regional center services under this division, or to a child under 36 months of age who is eligible for the California Early Intervention Program pursuant to Title 14 (commencing with Section 95000) of the Government Code, as a result of an injury for which another person is liable, or for which an insurance carrier is liable in accordance with the provisions of any policy of insurance issued pursuant to Section 11580.2 of the Insurance Code, the department or the regional center from which the individual obtained services shall have a right to recover
from the person or carrier the reasonable value of services so provided. To enforce that right, the department or the regional center may institute and prosecute legal proceedings against the third person or carrier who may be liable for the injury in an appropriate court, either in the name of the department or regional center or in the name of the child or person eligible for regional center services, their guardian, conservator, limited conservator, personal representative, estate, or survivors.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department and the regional center may compromise, or settle and release a claim as described in subdivision (a).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department may waive a claim as described in
subdivision (a), in whole or in part, if the department determines that collection would not be cost efficient, would result in undue hardship upon the person eligible for regional center services or child who suffered the injury, or in a wrongful death action upon the heirs of the deceased.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
No action taken on behalf of the department or the regional center pursuant to this section or any judgment rendered in that action shall be a bar to any action upon the claim or cause of action of the child or person eligible for regional center services, their
guardian, conservator, personal representative, estate, dependents, or survivors against the third party who may be liable for the injury, or shall operate to deny to the child or person eligible for regional center services the recovery for that portion of any damages not covered hereunder.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department, the State Department of Health Care Services, and the Department of Managed Health Care shall work together to ensure that the recovery sought by the department, regional centers, and the State Department of Health Care Services for services for Medi-Cal beneficiaries with developmental disabilities is appropriate.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_5911251B-A9E2-457B-80B5-B660AF4EE7BF">
<ns0:Num>SEC. 118.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4659.12.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4659.12 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_3EB0FF3A-EBC1-46C7-ADA2-BB3F7D6F3C1A">
<ns0:Num>4659.12.</ns0:Num>
<ns0:LawSectionVersion id="id_CDF08496-20A6-4587-A3AB-8A27583BA8ED">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Where an action is brought by the department or a regional center pursuant to Section 4659.11, it shall be commenced within the period prescribed in Section 338 of the Code of Civil Procedure.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The death of a person eligible for regional center services or child under 36 months of age who is eligible for the California Early Intervention Program does not abate any right of action established by Section 4659.11.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
When an action or claim is brought by a person or persons entitled to bring
the action or assert the claim against a third party who may be liable for causing the death of the child or
person eligible for regional center services, any settlement, judgment, or award obtained is subject to the right of the department or the regional center to recover from that party the reasonable value of the services provided to the person eligible for regional center services under this division.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
When the action or claim is brought by the child or
person eligible for regional center services alone, and the child or
person eligible for regional center services incurs a personal liability to pay attorney’s fees and costs of litigation, the claim for reimbursement by the department or the regional center of the services provided to the child or person eligible for regional center services shall be limited to the reasonable value of services less 25 percent, which represents the department’s or the regional center’s reasonable share of attorney’s fees paid by the child or person eligible for regional center services, and that portion of the cost of litigation expenses determined by
multiplying by the ratio of the full amount of the reasonable value of services so provided to the full amount of the judgment, award, or settlement.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_CD91ABCF-A6C9-4698-8E39-614DDDDC33D8">
<ns0:Num>SEC. 119.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4659.13.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4659.13 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_30F27799-D9B0-4E3A-9696-C49070BC3732">
<ns0:Num>4659.13.</ns0:Num>
<ns0:LawSectionVersion id="id_ED9697F8-0A09-4E12-AB9D-1BFAC55F6260">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If a person eligible for regional center services or child under 36 months of age who is eligible for the California Early Intervention Program pursuant to Title 14 (commencing with Section 95000) of the Government Code, the department, or a regional center brings an action or claim against a third party or carrier, the person eligible for regional center services, child, regional center, or department, within 30 days of
filing the action, shall provide the other persons or entities specified in this subdivision with written notice by personal service or registered mail of the action or claim, and of the name of the court or state or local agency in which the action or claim is brought. Proof of the notice shall be filed in the action or claim. If an action or claim is brought by the department, the regional center, the child, or the person eligible for regional center services, any of the other persons or entities described in this subdivision, at any time before trial on the facts, may become a party to, or shall consolidate their action or claim with, another action or claim if brought independently.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If an action or claim is brought by the department or
the regional center pursuant to subdivision (a) of Section 4659.11, written notice to the child, person eligible for regional center services, guardian, conservator, personal representative, estate, or survivor given pursuant to this section shall advise them of their right to intervene in the proceeding, their right to obtain a private attorney of
their choice, and the department’s right to recover the reasonable value of the services provided.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_AEA19DC4-D1C4-4ED4-B661-058B30F49C0B">
<ns0:Num>SEC. 120.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4659.14.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4659.14 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_5326A24E-1ABD-4D8B-BA45-AAB652D40EC4">
<ns0:Num>4659.14.</ns0:Num>
<ns0:LawSectionVersion id="id_50257CF7-624C-4EE2-9663-E660A6FC09FF">
<ns0:Content>
<html:p>In the event of judgment or award in a suit or claim against a third party or carrier:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
If the action or claim is prosecuted by the child or person eligible for regional center services alone, the court or agency shall first order paid from any judgment or award the reasonable litigation expenses incurred in preparation and prosecution of the action or claim, together with reasonable attorney’s fees, when an attorney has been retained. After payment of these expenses and attorney’s
fees, the court or agency, on the application of the department or the regional center, shall allow as a lien against the amount of the settlement, judgment, or award, the reasonable value of additional services provided to the child under the California Early Intervention Program or person eligible for regional center services under this division, as provided in subdivision (d) of Section 4659.12.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the action or claim is prosecuted both by the person eligible for regional center services or child and
the department or regional center, the court or agency shall first order paid from any judgment or award the reasonable litigation expenses incurred in preparation and prosecution of the action or claim, together with reasonable attorney’s fees based solely on the services rendered for the benefit of the child or person eligible for regional center services. After payment of these expenses and attorney’s fees, the court or agency shall apply out of the balance of the judgment or award an amount sufficient to reimburse the department the full amount of the reasonable value of services provided.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_3A4A6C67-E62F-4EB1-B70B-8FFCBC5C9E39">
<ns0:Num>SEC. 121.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4659.15.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4659.15 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_F641FE0C-AA70-461C-BC0C-780DB1F10E40">
<ns0:Num>4659.15.</ns0:Num>
<ns0:LawSectionVersion id="id_A1C857B5-5DDE-472E-98FF-4D0D9212D33E">
<ns0:Content>
<html:p>Upon further application at any time before the judgment or award is satisfied, the court shall allow as a further lien the reasonable value of additional services provided arising out of the same cause of action or claim provided on behalf of the person eligible for regional center services under this division, or child under the California Early Intervention Program, where the services were provided or became payable subsequent to the original order.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_DF4DFF9B-EDEB-4B31-9683-B55AF2007AD4">
<ns0:Num>SEC. 122.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4659.16.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4659.16 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_5BAFD359-ABEB-448D-B16B-E2793AD44E45">
<ns0:Num>4659.16.</ns0:Num>
<ns0:LawSectionVersion id="id_2CB357B1-C5D4-4249-9DE6-2C7B35F471C9">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A settlement, judgment, or award in any action or claim by a person eligible for regional center services or child to recover damages for injuries, where the department or regional center has an interest, shall not be deemed final or satisfied without first giving the department notice and a reasonable opportunity to perfect
and to satisfy the department’s or regional center’s lien. Recovery of the lien from the action or claim
of an injured child or person eligible for regional center services is limited to that portion of a settlement, judgment, or award that represents payment for services provided on behalf of the person eligible for regional center services under this division or a child under the California Early Intervention Program. All reasonable efforts shall be made to obtain the department’s advance agreement to a determination as to what portion of a settlement, judgment, or award represents payment for services provided on behalf of the person eligible for regional center services
under this division or the child under the California Early Intervention Program. Absent the department’s advance agreement as to what portion of a settlement, judgment, or award represents payment for medical expenses, or medical care, provided to the child or person eligible for regional center services, the matter shall be submitted to a court for decision. The department, the regional center, or the child or person eligible for regional center services may seek resolution of the dispute by filing a motion, which shall be subject to regular law and motion procedures.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the child or
person eligible for regional center services has filed a third-party action or claim, the court in which the action or claim was filed shall have jurisdiction over a dispute between the department or regional center and the child or person eligible for regional center services regarding the amount of a lien asserted pursuant to this section that is based upon an allocation of damages contained in a settlement or compromise of the third-party action or claim. If no third-party action or claim has been filed, any superior court in California where venue would have been proper, had a claim or action been filed, shall have jurisdiction over the motion. The motion may be filed as a special motion and treated as an ordinary law and motion proceeding subject to regular motion
fees. The reimbursement determination motion shall be treated as a special proceeding of a civil nature pursuant to Part 3 (commencing with Section 1063) of the Code of Civil Procedure. When no action is pending, the person making the motion shall be required to pay a first appearance fee. When an action is pending, the person making the motion shall pay a regular law and motion fee. Notwithstanding Section 1064 of the Code of Civil Procedure, the child or person eligible for regional center services, the regional center, or the department may appeal the final findings, decision, or order.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The court shall issue its findings, decision, or order, which shall be considered the final determination of the parties’ rights and obligations with
respect to the department’s lien, unless the settlement is contingent on an acceptable allocation of the settlement proceeds, in which case, the court’s findings, decision, or order shall be considered a tentative determination. If the child or person eligible for regional center services does not serve notice of a rejection of the tentative determination, which shall be based solely upon a rejection of the contingent settlement, within 30 days of the notice of entry of the court’s tentative determination, subject to further consideration by the court pursuant to subdivision (d), the tentative determination shall become final. Notwithstanding Section 1064 of the Code of Civil Procedure, the child,
person eligible for regional center services, regional center, or department may appeal the final findings, decision, or order.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the person eligible for regional center services or child does not accept the tentative determination, which shall be based solely upon a rejection of the contingent settlement, any party may subsequently seek further consideration of the court’s findings upon application to modify the prior findings, decision, or order based on new or different facts or circumstances. The application shall include an affidavit showing what application was made before, when, and to what judge, what order or decision was made, and what new or different facts or circumstances, including a
different settlement, are claimed to exist. Upon further consideration, the court may modify the allocation in the interest of fairness and for good cause.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_5E27AB07-0658-4FFB-8345-3598EBA5942C">
<ns0:Num>SEC. 123.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4659.17.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4659.17 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_25BF36F6-C3F1-4612-A6FA-6C877ED401D7">
<ns0:Num>4659.17.</ns0:Num>
<ns0:LawSectionVersion id="id_DFBA2071-96E5-494A-94CD-950C3E68CC57">
<ns0:Content>
<html:p>When the department or regional center has perfected a lien upon a judgment or award in favor of a child eligible for the California Early Intervention Program or a person eligible for regional center services against any third party for an injury for which the person eligible for regional center services has received services pursuant to this division, the department or the regional center shall be entitled to a writ of execution as lien claimant to
enforce payment of the lien against the third party with interest and other accruing costs as in the case of other executions. If the amount of the judgment or award so recovered has been paid to the child or person eligible for regional center services, the department or the regional center shall be entitled to a writ of execution against the child or person eligible for regional center services to the extent
of the department’s or the regional center’s lien, with interest and other accruing costs as in the case of other executions.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D5E6619E-B7CB-495B-A802-810C8F226CAB">
<ns0:Num>SEC. 124.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4659.18.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4659.18 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_A29DC8BF-55FE-48FD-9152-459D8FCF6490">
<ns0:Num>4659.18.</ns0:Num>
<ns0:LawSectionVersion id="id_F6430E0A-D062-4971-BA0E-CD111BC3E7C5">
<ns0:Content>
<html:p>Notwithstanding any other law, the department or the regional center shall not recover an amount greater than the child eligible for the California Early Intervention Program or person eligible for regional center services recovers after deducting from the settlement judgment, or award, attorney’s fees and litigation costs paid for by the child or
person eligible for regional center services.
If the recovery of the department or regional center is determined under this section, the reductions in subdivision (d) of Section 4659.12 shall not apply.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_AAE2AFFC-49D4-4B76-B6CC-C662EBE64656">
<ns0:Num>SEC. 125.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4659.20.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4659.20 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_6AC1B625-A28B-4288-93FB-CBE278C43F71">
<ns0:Num>4659.20.</ns0:Num>
<ns0:LawSectionVersion id="id_6BD86C95-603D-48DB-AD17-507768BE1FD6">
<ns0:Content>
<html:p>When the child or person eligible for regional center services, their guardian, conservator, limited conservator, personal representative, estate, or survivors, or any of them brings an action against the third party that may be liable for the injury, notice of institution of legal proceedings, notice of settlement, and all other notices required by this article shall be given to the director of the department in Sacramento except
in cases where the director specifies that notice shall be given to the Attorney General. All notices shall be given by insurance carriers, as described in Section 14124.70, having liability for the
claim of the child or person eligible for regional center services, and by the attorney retained to assert the claim by the person eligible for regional center services or child, or by the injured child or person eligible for regional center services, their guardian, conservator, limited conservator, personal representative, estate, or survivors, if no attorney is retained.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_96600BF3-801E-4B47-9FF3-C5B5AA8B86D6">
<ns0:Num>SEC. 126.</ns0:Num>
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Section 4659.21 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_62143A07-CE86-4E9B-860C-432DDFEED08F">
<ns0:Num>4659.21.</ns0:Num>
<ns0:LawSectionVersion id="id_01BDB9CE-903B-4A69-8A32-94FD2E79C6F1">
<ns0:Content>
<html:p>Notwithstanding any other law, all carriers described in Section 14124.70, including automobile, casualty, property, and malpractice insurers, shall enter into agreements with regional centers and the department to permit and assist the matching of the eligibility files of the department and the regional centers against the carrier’s claim files, utilizing, if necessary, social security numbers as common identifiers for the purpose of determining whether services were provided to a child eligible for the California Early Intervention Program or person eligible for regional
center services
because of an injury for which another person is liable, or for which a carrier is liable in accordance with the provisions of any policy of insurance. The carrier shall maintain a centralized file of claimants’ names, mailing addresses, and social security numbers or dates of birth. This information shall be made available to the department and the regional center upon a reasonable request by the department or a regional center. The agreement described in this section shall include financial arrangements for reimbursing carriers for necessary costs incurred in furnishing requested information.</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_ED8384E9-97DF-4AEA-B947-6401CC957E72">
<ns0:Num>SEC. 127.</ns0:Num>
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Section 4659.22 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_5A33E6F5-7109-407C-A98D-F39FC265D1CB">
<ns0:Num>4659.22.</ns0:Num>
<ns0:LawSectionVersion id="id_59754ED9-7A46-4396-9286-AB9C4389DCD6">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Every health insurer, self-insured plan, group health plan, as defined in Section 607(1) of the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.), service benefit plan, managed care organization, including health care service plans as defined in subdivision (f) of Section 1345 of the Health and Safety Code, licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code), pharmacy benefit manager, or other party that is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service, upon request of the department or a regional center for any records, or any information contained in records pertaining to, an individual or group health
insurance policy or plan issued by the insurer or plan against, or pertaining to, the services paid by or claims made against the insurer or plans under a policy or plan, shall make the requested records or information available upon a certification by the department or regional center that the individual is an applicant for or recipient of services under this division, is an applicant for or recipient of services under the California Early Intervention Program, or is a person who is legally responsible for the applicant or recipient, provided that the department and regional center certifies its compliance with all state and federal laws pertaining to the confidentiality of medical information.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department or regional center shall enter into a cooperative agreement setting forth mutually agreeable procedures for requesting and furnishing appropriate information, consistent with laws pertaining to the confidentiality and privacy of
medical information. These procedures shall include any financial arrangements as may be necessary to reimburse insurers or plans for necessary costs incurred in furnishing requested information, and the time and manner those procedures are to become effective. The department shall make every effort to coordinate with the State Department of Health Care Services to obtain this information for this purpose, avoid duplication and administrative costs, and to protect privacy of medical information pursuant to state and federal law.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The information required to be made available pursuant to this section shall be limited to information necessary to determine whether health care services have been or should have been claimed and paid pursuant to an obligation of entities identified in subdivision (a) and the terms and conditions of the enrollee’s contract or, in the case of a Medi-Cal beneficiary, pursuant to the scope of the contract between the
State Department of Health Care Services and a Medi-Cal managed care health plan, with respect to services received by a particular individual for which services under this division or under the California Early Intervention Program would be available.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Not later than the date upon which the procedures agreed to pursuant to subdivision (b) become effective, the director shall establish guidelines to ensure that information relating to an individual certified to be an applicant child or person eligible for regional center services, furnished to any insurer or plan pursuant to this section, is used only for the purpose of identifying the records or information requested in the manner so as not to violate the confidentiality of an applicant or
recipient.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department shall implement this section no later than July 1, 2011.
</html:p>
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</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D1CC4A6E-4A94-4B4B-894D-A0823D9687CF">
<ns0:Num>SEC. 128.</ns0:Num>
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Section 4659.23 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_06C505D4-F406-4343-8351-EFF82CB8611D">
<ns0:Num>4659.23.</ns0:Num>
<ns0:LawSectionVersion id="id_4D4D1097-F814-44B3-8319-16B3115F7798">
<ns0:Content>
<html:p>In order to assess overlapping or duplicate health coverage, every health insurer, self-insured plan, group health plan, as defined in Section 607(1) of the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.), service benefit plan, managed care organization, including a health care service plan as defined in subdivision (f) of Section 1345 of the Health and Safety Code, licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code), pharmacy benefit manager, or other party that is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service shall maintain a centralized file of the subscribers’, policyholders’, or enrollees’ names, mailing addresses, and social
security numbers or dates of birth, and where available, for all other covered persons, the names and social security numbers or dates of birth. This information shall be made available to the department or a regional center upon reasonable request. Notwithstanding Section 20230 of the Government Code, the Board of Administration of the Public Employees’ Retirement System and affiliated systems or contract agencies shall permit data matches with the state department to identify persons eligible for regional center services with third-party health coverage or insurance.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D231B422-F26F-4647-8AA6-34FFECBDE58D">
<ns0:Num>SEC. 129.</ns0:Num>
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Section 4659.24 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B371A312-4E10-4478-A94B-7512FDA045CE">
<ns0:Num>4659.24.</ns0:Num>
<ns0:LawSectionVersion id="id_4D01B112-D790-4A93-9F32-2034F5B85663">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
When the rights of a person eligible for regional center services or a child receiving services under the California Early Intervention Program to recovery from an insurer have been assigned to the department or a regional center, an insurer shall not impose any requirement on the department or the regional center that is different from any requirement applicable to an agent or assignee of the covered person eligible for regional center services
or child.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department may garnish the wages, salary, or other employment income of, and withhold amounts from state tax refunds from, any person to whom both of the following apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The person is required by a court or administrative order to provide coverage of the costs of services provided to a child under the California Early Intervention Program or a person eligible for regional center services under this division.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The person has received payment from a third party for the costs of the services for the child or
person eligible for regional center services, but they have not used the payments to reimburse, as appropriate, either the other parent or the person having custody of the child or person eligible for regional center services, or the provider of the services, to the extent necessary to reimburse the department for expenditures for those costs under this division. All claims for current or past due child support shall take priority over claims made by the department or the regional center.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of this section, “insurer” includes every health insurer, self-insured plan, group health plan, as defined in Section 607(1) of the federal Employee Retirement Income Security Act of 1974 (29 U.S.C.
Sec. 1001 et seq.), service benefit plan, managed care organization, including health care service plans as defined in subdivision (f) of Section 1345 of the Health and Safety Code, licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code), pharmacy benefit manager, or other party that is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_010EC45E-BAE2-41EC-9B3E-EB20D21DC1D6">
<ns0:Num>SEC. 130.</ns0:Num>
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Section 4660 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_0D22D552-987C-4792-AE3C-61383167A812">
<ns0:Num>4660.</ns0:Num>
<ns0:LawSectionVersion id="id_4AD3A85E-6198-4175-96CA-AA5907453CB2">
<ns0:Content>
<html:p>All meetings of the board of directors of each regional center shall be scheduled, open, and public, and all persons shall be permitted to attend any meeting, except as otherwise provided in this section. Regional center board meetings shall be held in accordance with all of the following provisions:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Each regional center shall provide a copy of this article to each member of the regional center governing board upon assumption of board membership.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
As used in this article, board meetings include meetings conducted by any committee of the governing board
that
exercises authority delegated to it by that governing board. However, board meetings shall not be deemed to include board retreats planned solely for educational purposes.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
At each regional center board meeting, time shall be allowed for public input on all properly noticed agenda items prior to board action on that item. Time shall be allowed for public input on any issue not included on the agenda.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Any person attending an open and public meeting of a regional center shall have the right to record the proceedings on a tape recorder, video recorder, or other sound, visual, or written transcription recording device, in the absence of a reasonable finding of the regional center governing board that such recording constitutes, or would constitute, a disruption of the proceedings.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_1C8C6757-E688-45ED-96D2-6DFE1A269592">
<ns0:Num>SEC. 131.</ns0:Num>
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Section 4669.2 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_947194AD-13D8-4A3D-BC97-C2C8E278266B">
<ns0:Num>4669.2.</ns0:Num>
<ns0:LawSectionVersion id="id_2D629BF4-254E-4165-B6F5-4EBDB257B18E">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law, and provided that there shall be no reduction in direct service to persons eligible for services under this article, a regional center, with the approval of the State Department of Developmental Services, and in consultation with the state council, person eligible for regional center services and vendor advisory committees, and local advocacy organizations, may explore and implement any regional center service delivery alternative included in this section for
persons eligible for regional center services living in the community, as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Alternative service coordination for persons eligible for regional center services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Technical and financial support to persons eligible for regional center services, and where appropriate, their families, to provide or secure their own services in lieu of services that regional centers would otherwise provide, purchase, or secure. These programs shall
be cost effective in the aggregate, and shall be limited to
persons eligible for regional center services who are at imminent risk of moving to a more restrictive setting.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Procedures whereby regional centers may negotiate levels of payment with providers for delivery of specific services to a group of persons eligible for regional center services through a mutually agreed-upon contract with a specific term and a guaranteed reimbursement amount. Contracted services may be for any specific service or combination of services across vendor categories.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Procedures whereby
persons eligible for regional center services, regional center representatives, the state council, and local service providers may jointly examine and make recommendations to the department for reduced reporting and recording requirements of regional centers. The recommendations shall be made available upon request.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Proposals to reduce reporting and recordkeeping requirements at a regional center.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Procedures whereby a regional center may lease a facility and contract for the provision of services in that facility for persons eligible for regional center services.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Procedures that encourage innovative approaches to the sharing of administrative resources between regional centers and other public and private agencies serving persons with developmental disabilities.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Proposals for a regional center to purchase a facility for its own office space if it can be shown to be cost-effective. Funds from a regional center’s purchase of services budget shall not be used for this purchase.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Consultation pursuant to subdivision (a) shall occur during the development of the proposal prior to the public hearing conducted in accordance with Section 4669.75 and after the completion of the public hearing.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The regional center shall annually submit to the State Department of Developmental Services a report on the implementation of the service delivery options approved by
the department under this section. The report shall review the effects of the proposal, if applicable, upon the regional center purchase of service budget and the state budget, the impact on other regional center services, and the impact on persons eligible for regional center services served under the proposal. This report shall be completed within 90 days of the end of each fiscal year.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_81823162-8568-4B4B-9CFC-89C71C51B254">
<ns0:Num>SEC. 132.</ns0:Num>
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Section 4669.75 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_72C62B28-AB3B-4D02-9A9A-A9034AE807D0">
<ns0:Num>4669.75.</ns0:Num>
<ns0:LawSectionVersion id="id_7FEF1667-9CD8-470C-9DF1-255ED91B0F79">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Any proposal approved by the department pursuant to this article may be implemented immediately upon approval. Prior to submitting a proposal to the department, the regional center shall conduct a public hearing to receive comments on the proposal. Notice of the public hearing shall be given at least 10 business days in advance of the hearing. The public hearing shall be conducted in accordance with this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notice shall include a summary of the proposal, analysis of the effect of the proposal upon the regional center budget and the state budget, the impact on regional center services, and the impact on
persons eligible for regional center services
served under the proposal, and a list of the statutes and regulations that will be waived under the proposal. No proposal approved under this article shall authorize a regional center to implement proposals that have not met all the requirements of this article. The department may not delegate its authority to review and approve proposals in accordance with this article.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Each written comment submitted prior to the close of the final public hearing, and a summary of verbal testimony received, shall be considered by the regional center, and a summary of the responses to all comments shall be submitted as part of the proposal to the department. These comments and responses shall be made available, along with the proposal, for public review.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A service delivery alternative shall be required to be implemented within the existing regional center funding
allocation and shall be cost-effective to the state. No additional allocation shall be made to permit a regional center to implement a service delivery alternative. No proposal approved under this article shall authorize or give authority to a regional center to go forward with any other specific action or proposal that has not met all of the requirements of this article. The department may not delegate its authority to review and approve proposals in accordance with this article to a regional center or any other entity.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Proposals approved by the department shall meet freedom of choice requirements pursuant to the assurances required in the home- and community-based services waiver under Section 1396n of Title 42 of the United States Code.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_257BA7CC-6C12-4DD3-B2F8-8B1C275341F2">
<ns0:Num>SEC. 133.</ns0:Num>
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Section 4677 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_C971DCBF-929F-42D3-8DDD-B644CDFCC156">
<ns0:Num>4677.</ns0:Num>
<ns0:LawSectionVersion id="id_A0E42EFA-12FA-4081-86D2-58E47F71733E">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
All parental fees collected by or for regional centers shall be remitted to the State Treasury to be deposited in the Developmental Disabilities Program Development Fund, which is hereby created in the State Treasury and hereinafter called the Program Development Fund. The purpose of the Program Development Fund shall be to provide resources needed to initiate new programs, and to expand or convert existing programs. Within the context of, and consistent with, approved priorities for program development in the state plan, program development funds shall promote integrated residential, work, instructional, social, civic, volunteer, and recreational services and supports that increase opportunities for self-determination and maximize independence of persons with developmental disabilities.
Notwithstanding any other law or regulation, commencing July 1, 2009, parental fees remitted to the State Treasury shall be deposited in accordance with Section 4784.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An allocation from the Program Development Fund shall not be granted for more than 24 months.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The State Council on Developmental Disabilities shall, at least once every five years, request from all regional centers information on the types and amounts of services and supports needed, but currently unavailable.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The state council shall work collaboratively with the department and the Association of Regional Center Agencies to develop standardized forms and protocols that shall be used by all regional centers and the state council in collecting and reporting this information. In addition to identifying services and
supports that are needed, but currently unavailable, the forms and protocols shall also solicit input and suggestions on alternative and innovative service delivery models that would address the needs of persons eligible for regional center services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In addition to the information provided pursuant to paragraph (2), the state council may utilize information from other sources, including, but not limited to, public hearings, quality assurance assessments conducted pursuant to Section 4571, regional center reports on alternative service delivery submitted to the department pursuant to Section 4669.2, and the annual report on self-directed services produced pursuant to Section 4685.7.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The department shall provide additional information, as requested by the state council.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Based on the information provided by the regional centers and other agencies, the state council shall develop an assessment of the need for new, expanded, or converted community services and supports, and make that assessment available to the public. The assessment shall include a discussion of the type and amount of services and supports necessary but currently unavailable, including the impact on persons eligible for regional center services
with common characteristics, including, but not limited to, disability, specified geographic regions, age, and ethnicity, who face distinct challenges. The assessment shall highlight alternative and innovative service delivery models identified through their assessment process.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
This needs assessment shall be conducted at least once every five years and updated annually. The assessment shall be included in the state plan and shall be provided to the department and to the appropriate committees of the Legislature. The assessment and annual updates shall be made available to the public. The state council, in consultation with the department, shall make a recommendation to the Department of Finance as to the level of funding for program development to be included in the Governor’s Budget, based upon this needs assessment.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In addition to parental fees and
General Fund appropriations, the Program Development Fund may be augmented by federal funds available to the state for program development purposes, when these funds are allotted to the Program Development Fund in the state plan. The Program Development Fund is available, upon appropriation by the Legislature, to the department, and subject to allocations that may be made in the annual Budget Act. These funds shall not revert to the General Fund.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding any other requirement of this section, and to the extent appropriated for this purpose in the annual Budget Act, the department may allocate funds from the Program Development Fund for the purpose of funding projects approved pursuant to Section 4679.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The deposit of federal moneys into the Program Development Fund shall not be construed as requiring the State Department of Developmental Services to comply with a
definition of “developmental disabilities” and “services for persons with developmental disabilities” other than as specified in
Section 4512 for the purposes of determining eligibility for developmental services or for allocating parental fees and state general funds deposited in the Program Development Fund.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_3A4102F9-F753-4305-B002-5FFB05346990">
<ns0:Num>SEC. 134.</ns0:Num>
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Section 4679 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_F2D67115-C20D-4BAD-9998-29805139318D">
<ns0:Num>4679.</ns0:Num>
<ns0:LawSectionVersion id="id_8736A421-FEA0-4669-A73D-C53BC2E694CA">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
In any year for which funding is available, as provided in paragraph (2) of subdivision (a) of Section 4418.25, to address the needs for services and supports of persons eligible for regional center services living in the community, the department shall issue guidelines, including procedures and timelines, for the use of the available funds. These community resource development plan guidelines shall include requirements that community resource development plan funds be expended in accord with the principles of person-centered planning and that funded services be culturally and linguistically appropriate to the population
served by the regional center.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
By December 31 of each year, the department shall engage stakeholders statewide, including soliciting input from the existing Developmental Services Task Force, to inform the development of the guidelines. Priorities for funding shall include, but need not be limited to, safety net services and supports that reduce reliance on the secure treatment program at Porterville Developmental Center, institutions for mental disease, other restrictive settings in the community for which federal funding is not available, and out-of-state placement.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The guidelines shall require regional centers to conduct outreach activities and seek input from stakeholders representing the diversity of the regional center’s catchment area, including, but not limited to,
persons eligible for regional center services, family members, providers, and advocates, to determine local needs and priorities for the use of community resource development plan funds. Each regional center shall identify the stakeholders it consulted with and include information on how it incorporated the input of stakeholders into its community resource development plan funding requests. The regional center shall post its priorities for community resource development as informed by the stakeholder process on its internet website at least two weeks prior to submitting its funding request to the department to allow for any final stakeholder input.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Proposals for the use of community resource
development plan funds shall include justification for the funding requests, including quantitative data, and shall also include a description of how the regional center shall monitor resource development and assess outcomes. The department shall review, negotiate, and approve regional center community resource development plans for feasibility.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Each regional center’s approved proposals shall be posted on the regional center’s internet website and the department shall post links to each regional center’s approved proposals on its internet website.
Regional centers shall submit quarterly reports to the department, as specified in the guidelines, on the use of community resource development plan funds and outcomes of resource development. The department shall update legislative staff on the community resource development plan activities pursuant to this section during regularly scheduled quarterly briefings, and shall annually report during the Senate and Assembly budget subcommittee hearing process on community resource development plan implementation.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D030593A-70D8-4651-8796-888CB54E897B">
<ns0:Num>SEC. 135.</ns0:Num>
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Section 4681.1 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_D7D32229-90E6-455D-B14D-EB80243AF6CD">
<ns0:Num>4681.1.</ns0:Num>
<ns0:LawSectionVersion id="id_EB6BC966-F275-46EF-A3C3-5129B6290A17">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall adopt regulations that specify rates for community care facilities serving persons with developmental disabilities. The implementation of the regulations shall be contingent upon an appropriation in the annual Budget Act for this purpose. These rates shall be calculated 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 their individual program plan and applicable program requirements. The cost model shall reflect cost elements that shall include, but are not limited to, all of the
following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Basic living needs, which include utilities, furnishings, food, supplies, incidental transportation, housekeeping, personal care items, and other items necessary to ensure a quality environment for persons with developmental disabilities. The amount identified for the basic living needs element of the rate shall be calculated as the average projected cost of these items in an economically and efficiently operated community care facility.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Direct care, which includes
salaries, wages, benefits, and other expenses necessary to supervise or support the person’s functioning in the areas of self-care and daily living skills, physical coordination mobility, and behavioral self-control, choice making, and integration. The amount identified for direct care shall be calculated as the average projected cost of providing the level of service required to meet each person’s functional needs in an economically and efficiently operated community care facility. The direct care portion of the rate shall reflect specific service levels defined by the department on the basis of relative resident need and the individual program plan.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Special services, which include specialized training, treatment, supervision, or
other services that a person’s individual program plan requires to be provided by the residential facility in addition to the direct care provided under paragraph (2). The amount identified for special services shall be calculated for each individual based on the additional services specified in the person’s individual program plan and the prevailing rates paid for similar services in the area. The special services portion of the rate shall reflect a negotiated agreement between the facility and the regional center in accordance with Section 4648.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Indirect costs, which include managerial personnel, facility operation, maintenance and repair, other nondirect care, employee benefits, contracts, training, travel, licenses, taxes,
interest, insurance, depreciation, and general administrative expenses. The amount identified for indirect costs shall be calculated as the average projected cost for these expenses in an economically and efficiently operated community care facility.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Property costs, which include mortgages, leases, rent, taxes, capital or leasehold improvements, depreciation, and other expenses related to the physical structure. The amount identified for property costs shall be based on the fair rental value of a model facility that is adequately designed, constructed, and maintained to meet the needs of persons with developmental disabilities. The amount identified for property costs shall be calculated as the average projected fair rental value of an
economically and efficiently operated community care facility.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The cost model shall take into account factors that include, but are not limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Facility size, as defined by the department on the basis of the number of facility beds licensed by the State Department of Social Services and vendorized by the regional center.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Specific geographic areas, as defined by the department on the basis of cost of living and other pertinent economic indicators.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Common levels of direct care, as defined by the department on the basis of services specific to an identifiable group of persons as determined through the individual program plan.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Positive outcomes, as
defined by the department on the basis of increased integration, independence, and productivity at the aggregate facility level and at the level of an individual person eligible for regional center services.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Owner-operated and staff-operated reimbursement, which shall not differ for facilities that are required to comply with the same program requirements.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The rates established for individual community care facilities serving persons with developmental disabilities shall reflect all of the model cost elements and rate development factors described in
this section. The cost model design shall include a process for updating the cost model elements that address variables, including, but not limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Economic trends in California.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
New state or federal program requirements.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Changes in the state or federal minimum wage.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Increases in fees, taxes, or other business costs.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Increases in federal supplemental security income/state supplementary program for the aged, blind, and disabled payments.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Rates established for persons with developmental disabilities who are also dually diagnosed with a mental health disorder may be fixed at a
higher rate. The department shall work with the State Department of Health Care Services to establish criteria upon which higher rates may be fixed pursuant to this subdivision. The higher rate for persons with developmental disabilities who are also dually diagnosed with a mental health disorder may be paid when requested by the director of the regional center and approved by the Director of Developmental Services.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
By January 1, 2001, the department shall prepare proposed regulations to implement the changes outlined in this section. The department may use a private firm to assist in the development of these changes and shall confer with
persons eligible for regional center services, providers, and other interested parties concerning the proposed regulations. By May 15, 2001, and each year thereafter, the department shall provide the Legislature with annual community care facility rates, including any draft amendments to the regulations as required. By July 1, 2001, and each year thereafter, contingent upon an appropriation in the annual Budget Act for this purpose, the department shall adopt emergency regulations that establish the annual rates for community care facilities serving persons with developmental disabilities for each fiscal year.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
During the first year of operation under the revised rate model, individual facilities shall be held harmless for any reduction in aggregate facility payments caused solely by the change in reimbursement methodology.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_70B3165A-9F80-4979-B629-EDE323547367">
<ns0:Num>SEC. 136.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4681.5.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4681.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_BB400430-CC09-4E98-B396-D4BF1D1B9C52">
<ns0:Num>4681.5.</ns0:Num>
<ns0:LawSectionVersion id="id_42B882FA-7A94-4D58-AB09-9A6D0BD06DFE">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, a regional center shall not approve a service level for a residential service provider, as defined in Section 56002 of Title 17 of the California Code of Regulations, if the approval would result in an increase in state costs or the rate to be paid to the provider that is greater than the rate that is in effect on June 30, 2008, or, for residential service providers subject to subdivision (b), unless the regional center demonstrates to the department that the approval is necessary to protect the health or safety of the person eligible for regional center services and the
department has granted prior written authorization.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a) or any other law or regulation, the department shall, effective July 1, 2016, establish a rate schedule for residential community care facilities vendored to provide services to a maximum of four persons with developmental disabilities.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Community care facilities with rates established pursuant to subdivision (b) are subject to the regulatory requirements contained in Subchapter 4 (commencing with Section 56001) of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Rate changes made as a result of implementing the rate schedule established pursuant to subdivision (b) for community care facilities vendored to provide services to a maximum of four persons with developmental disabilities are not subject
to the restrictions of subdivision (a) if the approved service level is not higher than the service level in effect at the time of the change.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
No later than February 1, 2017, regional centers shall report to the department on the number of residential community care facilities with rates established pursuant to subdivision (b). The report shall include, but not be limited to, both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The number of facilities vendored since July 1, 2016, by service level and vendored capacity.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The number of facilities vendored prior to July 1, 2016, that have subsequently been approved for a new rate, by service level, vendored capacity, and prior vendored capacity, if applicable.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D4216910-A621-43BD-9EF4-35F2324A3255">
<ns0:Num>SEC. 137.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4681.6.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4681.6 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_46D9BD3A-1512-4CD5-936E-8B9DD8460C26">
<ns0:Num>4681.6.</ns0:Num>
<ns0:LawSectionVersion id="id_21CE7606-FC39-44A0-966C-08F8BC19D8FE">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, commencing July 1, 2008:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A regional center shall not pay an existing residential service provider, for services when rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the
health or safety of the person eligible for regional center services
and the department has granted prior written authorization.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A regional center shall not negotiate a rate with a new residential service provider, for services when rates are determined through a negotiation between the regional center and the provider, that is higher than the regional center’s median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the department its median rate for each negotiated
rate service code, by designated unit of service. This certification shall be subject to verification through the department’s biennial fiscal audit of the regional center.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a), commencing January 1, 2017, regional centers may negotiate a rate adjustment with residential service providers regarding rates that are otherwise restricted pursuant to subdivision (a), if the adjustment is necessary in order to pay employees no less than the minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016, and only for the purpose of adjusting payroll costs associated with the minimum wage increase. The rate adjustment shall be specific to the unit of service designation that is affected by the increased minimum wage, shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance
with the increased state minimum wage, and shall not be used as a general wage enhancement for employees paid above the minimum wage. Regional centers shall maintain documentation on the process to determine, and the rationale for granting, any rate adjustment associated with the minimum wage increase.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a), commencing July 1, 2015, regional centers may negotiate a rate adjustment with residential service providers regarding rates that are otherwise restricted pursuant to subdivision (a), if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase
necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, “residential service provider” includes Adult Residential Facilities for Persons with Special Health Care Needs, as described in Section 4684.50.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall not apply to those services for which rates are determined by the State Department of Health Care Services, or the State Department of Developmental Services, or are usual and customary.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_C1D22BD5-8758-4B2C-A3A5-1663F6FE9786">
<ns0:Num>SEC. 138.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4681.7.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4681.7 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_05D857E6-819E-4B20-A10C-D03ECC67ADE0">
<ns0:Num>4681.7.</ns0:Num>
<ns0:LawSectionVersion id="id_73F1B01E-ACA7-492A-834A-60097D58617E">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Effective July 1, 2011, in order to maintain the preferred living arrangement of a person eligible for regional center services and adjust the residential services and supports in accordance with changing service needs identified in the individual program plan (IPP), a regional center may enter into a signed written agreement with a residential service provider for
the
supervision, training, and support needs of a person eligible for regional center services to be provided at a lower level of payment than the facility’s designated Alternative Residential Model (ARM) service level. The regional center signed written agreement with the provider shall ensure all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Services provided to other facility residents comply with the applicable service requirements for the facility’s approved service level pursuant to Section 4681.1 and Title 17 of the California Code of Regulations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Protection of the health and safety of each facility resident.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Identification of the revised services and supports to be provided to the
person eligible for regional center services within the ARM rate structure as part of the establishment or revision of an IPP.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Identification of the rate.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the service needs of a person eligible for regional center services referred to in subdivision (a) change such that the person eligible for regional center services requires a higher level of supervision, training, and support, the regional center shall adjust the
service level and rate to meet their changing needs.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A regional center is authorized to enter into a signed written agreement with a residential service provider for the needed services
of a person eligible for regional center services at a lower level of payment and staffing without adjusting the facility’s approved service level. A signed written agreement for a lower level of payment and staffing may only be entered into when a regional center, a person eligible for regional center services, and the facility agree that the facility can safely provide the service and supports needed by the person eligible for regional center services, as identified in the IPP, at the lower level of payment.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Any negotiated lower level of payment pursuant to this section shall be consistent with the payment options within the ARM rate structure and with associated ARM service level requirements.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_07F64AA5-7E26-4B3E-A1BE-7263FAAEF7F2">
<ns0:Num>SEC. 139.</ns0:Num>
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Section 4684 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_10CCB557-D40F-41B6-983A-2D5B7C569137">
<ns0:Num>4684.</ns0:Num>
<ns0:LawSectionVersion id="id_9DA226E1-FA4F-4B3D-BFB6-394BFFEEA644">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law, the cost of providing 24-hour out-of-home nonmedical care and supervision in community care facilities licensed or approved pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code shall be funded by the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program pursuant to Section 11464, for children who are both AFDC-FC recipients and persons eligible for regional center services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The cost of providing adoption assistance benefits shall be funded by the
Adoption Assistance Program (AAP) under Section 16121, for children who are both AAP recipients and persons eligible for regional center services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For persons eligible for regional center services who are recipients of AFDC-FC benefits, regional centers shall purchase or secure the services that are contained in the child’s Individualized Family Service Plan (IFSP) or Individual Program Plan (IPP) but that are not allowable under federal or state AFDC-FC provisions.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For persons eligible for regional center services who are recipients of AAP benefits, regional centers shall purchase or secure the services that are contained in the child’s IFSP or IPP.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For
persons eligible for regional center services receiving services under paragraph (1) or (2), these services shall be separately purchased or secured by the regional center, pursuant to Sections 4646 to 4648, inclusive, Section 4685, and Sections 95018 and 95020 of the Government Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Regional centers shall accept referrals for evaluations of AFDC-FC-eligible children and children receiving AAP benefits for the purpose of determining eligibility for regional center services, pursuant to Section 4642. Regional centers shall assist county welfare and probation departments in identifying appropriate placement resources for children who are recipients of AFDC-FC and who are eligible for regional center services.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of this section, children who are recipients of AFDC-FC and regional center services
shall not be prohibited from receiving in-home respite services, as defined in subdivision (a) of Section 4690.2, if they are residing with any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A relative, as defined in paragraph (2) of subdivision (h) of Section 319, or, in the case of an Indian child, an extended family member, as defined in Section 224.1.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A nonrelative extended family member, as defined in Section 362.7.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A resource family, as defined in Section 16519.5.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A tribally approved home, as defined in
Section 224.1.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A foster family home, as defined in
Section 1502 of the Health and Safety Code, that is not vendored by the regional center as a residential facility.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
A small family home, as defined in Section 1502 of the Health and Safety Code, that is not vendored by the regional center as a residential facility. Regional centers shall assess a small family home for service need, including verification of the small family home’s staffing level, through the individual program plan (IPP) process pursuant to Sections 4646 and 4648 or the individualized family service plan (IFSP) process pursuant to Sections 95018 and 95020 of the Government Code, as applicable, prior to approving in-home respite services for children residing in a licensed small family home.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
AFDC-FC and AAP benefits shall
be for care and supervision, as defined in subdivision (b) of Section 11460, and the regional centers shall separately purchase or secure other services contained in the child’s IFSP or IPP pursuant to Section 4646 to 4648, inclusive, Section 4685, and Sections 95018 and 95020 of the Government Code. Notwithstanding any other law or regulation, the receipt of AFDC-FC or AAP benefits shall not be cause to deny any other services that a child or family for which the child or family is otherwise eligible pursuant to this division.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall apply to all recipients of AFDC-FC and AAP benefits, including those with rates established prior to the effective date of the act that adds this subdivision, pursuant to Sections 11464 and 16121.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
For purposes of this section, the terms “child” and “children” include a nonminor dependent, as defined in
Section 11400. The Legislature finds and declares that this subdivision is declarative of, and clarifies, existing law.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Regulations adopted by the department pursuant to this section shall be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_2DB1193C-DD47-4185-9C93-59D5534F166F">
<ns0:Num>SEC. 140.</ns0:Num>
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Section 4684.50 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_C5935D5D-B969-4C38-84BE-64CCC6BDCBCF">
<ns0:Num>4684.50.</ns0:Num>
<ns0:LawSectionVersion id="id_EB525184-39EA-4503-BCDC-1803296C02C7">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Adult Residential Facility for Persons with Special Health Care Needs (ARFPSHN)” means any adult residential facility that provides 24-hour health care and intensive support services in a homelike setting that is licensed to serve up to five adults with developmental disabilities as defined in Section 4512.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Group Home for Children with Special Health Care Needs (GHCSHN)” means a group home, as described in paragraph (22) of subdivision (a) of Section 1502 of the Health and Safety Code and licensed pursuant to Article 9 (commencing with Section 1567.50) of the Health and Safety Code, that provides 24-hour health care and intensive support services in a homelike setting that is licensed to serve up to five children or nonminor
dependents with developmental disabilities as defined in Section 4512.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For purposes of this article, an ARFPSHN or a GHCSHN may only be established in a facility approved pursuant to Section 4688.5 or through an approved regional center community placement plan pursuant to Section 4418.25.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Consultant” means a person professionally qualified by training and experience to give expert advice, information, training, or to provide health-related assessments and interventions specified in the individual health care
plan of a person eligible for regional center services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Direct care personnel” means all personnel who directly provide program or nursing services to persons eligible for regional center services. Administrative and licensed personnel shall be considered direct care personnel when directly providing program or nursing services to clients. Consultants shall not be considered direct care personnel.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Individual health care plan” means the plan that identifies and documents the health care and intensive support service needs of a
person eligible for regional center services.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Individual health care plan team” means those individuals who develop, monitor, and revise the individual health care plan for persons eligible for regional center services residing in an ARFPSHN or a GHCSHN.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For an ARFPSHN or a GHCSHN, the team shall, at a minimum, be composed of all of the following individuals:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Regional center service coordinator and other regional center representative, as necessary.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The
person eligible for regional center services, and, if appropriate,
their parents, legal guardian or conservator, or authorized representative.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The primary care physician, or other physician as designated by the regional center, of the person eligible for regional center services.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
ARFPSHN or GHCSHN administrator.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
ARFPSHN or GHCSHN registered nurse.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Others deemed
necessary for developing a comprehensive and effective plan.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For a GHCSHN, in addition to the individuals listed in paragraph (1), the team shall, at a minimum, include all of the individuals required for an individualized health care team as described in subdivision (d) of Section 17710.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Intensive support needs” means the person eligible for regional center services requires physical assistance in performing four or more of the following activities of daily living:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Eating.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Dressing.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Bathing.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Transferring.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Toileting.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Continence.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Special health care needs” for an ARFPSHN means the
person eligible for regional center services has health conditions that are predictable and stable, as determined by the individual health care plan team, and for which the individual requires nursing supports for any of the following types of care:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Nutrition support, including total parenteral feeding and gastrostomy feeding, and hydration.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Cardiorespiratory monitoring.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Oxygen support, including continuous positive airway pressure and bilevel positive airway pressure, and use of other inhalation-assistive devices.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Nursing interventions for tracheostomy care and suctioning.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Nursing interventions for colostomy, ileostomy, or
other medical or surgical procedures.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Special medication regimes including injection and intravenous medications.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Management of insulin-dependent diabetes.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Bowel care management, including enemas or suppositories.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Indwelling urinary catheter/catheter procedure.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Treatment for antimicrobial resistant infections.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Treatment for wounds or pressure injuries.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Postoperative care and rehabilitation.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Pain management and palliative care.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
Renal dialysis.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
“Special health care needs” for a GHCSHN means a predictable and stable condition, as determined by the individual health care plan team, as described in paragraph (2) of subdivision (e), that can rapidly deteriorate, resulting in permanent injury or death, or that requires specialized in-home health care, as described in subdivisions (a) and (g) of Section 17710.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_A8F17052-ACB5-4751-B2B4-7A53D6903794">
<ns0:Num>SEC. 141.</ns0:Num>
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Section 4684.53 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_2D2B9009-709C-4E45-AFD4-3919BC8BB8BC">
<ns0:Num>4684.53.</ns0:Num>
<ns0:LawSectionVersion id="id_B7FD417C-5A51-4B4C-92F6-6BEF140A7EDB">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The State Department of Developmental Services and the State Department of Social Services shall jointly implement a licensing program to provide special health care and intensive support services to adults, and a licensing program to provide special health care and intensive support services to children, in homelike community settings.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The programs shall be implemented through approved community placement plans, as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For an adult who is identified by a regional center as an adult who could benefit from placement in an ARFPSHN.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For a child who is identified by a regional center as a child who could benefit
from placement in a GHCSHN.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Each ARFPSHN shall possess a community care facility license issued pursuant to Article 9 (commencing with Section 1567.50) of Chapter 3 of Division 2 of the Health and Safety Code. Until the Department of Social Services creates a stand-alone chapter for ARFPSHNs, each ARFPSHN shall be subject to the requirements of Chapter 1 (commencing with Section 80000) of Division 6 of Title 22 of the California Code of Regulations, except for Article 8 (commencing with Section 80090).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Each GHCSHN shall possess a community care facility license issued pursuant to Article 9 (commencing with Section 1567.50) of Chapter 3 of Division 2 of the Health and Safety Code, and shall be subject to the requirements of Chapter 1 (commencing with Section 80000) and Chapter 5 (commencing with Section 84000) of Division 6 of Title 22 of the
California Code of Regulations, except that Article 8 (commencing with Section 80090) of Chapter 1 of Division 6 of Title 22 of the California Code of Regulations shall not apply.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this article, a health facility licensed pursuant to subdivision (e) or (h) of Section 1250 of the Health and Safety Code may place its licensed bed capacity in voluntary suspension for the purpose of licensing the facility to operate an ARFPSHN or a GHCSHN if the facility is selected to participate pursuant to Section 4684.58. Consistent with subdivision (a) of Section 4684.50, any facility licensed pursuant to this section shall serve up to five adults or up to five children. A facility’s bed capacity shall not be placed in voluntary suspension until all persons eligible
for regional center services residing in the facility under the license to be suspended have been relocated. A
person eligible for regional center services shall not be relocated unless it is reflected in their individual program plan developed pursuant to Sections 4646 and 4646.5.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Each ARFPSHN and each GHCSHN are subject to the requirements of Subchapters 5 to 9, inclusive, of Chapter 1 of, and Subchapters 2 and 4 of Chapter 3 of, Division 2 of Title 17 of the California Code of Regulations.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Each ARFPSHN and each GHCSHN shall ensure that an operable automatic fire sprinkler system is installed and maintained.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Each ARFPSHN and each GHCSHN shall have an operable
automatic fire sprinkler system that is approved by the State Fire Marshal and that meets the National Fire Protection Association (NFPA) 13D standard for the installation of sprinkler systems in single- and two-family dwellings and manufactured homes. A local jurisdiction shall not require a sprinkler system exceeding this standard by amending the standard or by applying standards other than NFPA 13D. A public water agency shall not interpret this section as changing the status of a facility from a residence entitled to residential water rates, nor shall a new meter or larger connection pipe be required of the facility.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Each ARFPSHN and each GHCSHN shall provide an alternative power source to operate all functions of the facility for a minimum of six hours in the event the primary power source is interrupted. The alternative power source shall comply with the manufacturer’s recommendations for installation and operation. The alternative
power source shall be maintained in safe operating condition, and shall be tested every 14 days, or as per the manufacturer’s recommended schedule, under the full load condition for a minimum of 10 minutes. Written records of inspection, performance, exercising period, and repair of the alternative power source shall be regularly maintained on the premises and available for inspection by the State Department of Developmental Services.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_89E3C571-7383-44C0-93F2-A4D869750365">
<ns0:Num>SEC. 142.</ns0:Num>
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Section 4684.55 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_AB3FE115-6229-479E-BCCF-A7DF42104217">
<ns0:Num>4684.55.</ns0:Num>
<ns0:LawSectionVersion id="id_A2A6E91C-3D79-42F7-B1DF-488193BAD489">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A regional center may not pay a rate to an ARFPSHN or a GHCSHN for a person eligible for regional center services that exceeds the rate in the State Department of Developmental Services’ approved community placement plan for that facility unless the regional center demonstrates that a higher rate is necessary to protect the health and
safety of a person eligible for regional center services, and the department has granted prior written authorization.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The payment rate for ARFPSHN or GHCSHN services shall be negotiated between the regional center and the ARFPSHN or GHCSHN.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The established rate for a full month of service shall be made by the regional center if a person eligible for regional center services is temporarily absent from the ARFPSHN or from the GHCSHN for 14 days or less per month. If the temporary absence
of the person eligible for regional center services is due to the need for inpatient care in a health facility, as defined in subdivision (a), (b), or (c) of Section 1250 of the Health and Safety Code, the regional center shall continue to pay the established rate as long as no other person eligible for regional center services occupies the vacancy created by the temporary absence of the person eligible for regional center services, or until the individual health care plan team
has determined that the person eligible for regional center services will not return to the facility. In all other cases, the established rate shall be prorated for a partial month of service by dividing the established rate by 30.44 then by multiplying the quotient by the number of days the person eligible for regional center services resided in the facility.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B7351633-E2A0-4AD9-AB61-8AE778B728DF">
<ns0:Num>SEC. 143.</ns0:Num>
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Section 4684.58 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B6F9CB6F-CB8E-4A8E-9398-B877FBC72037">
<ns0:Num>4684.58.</ns0:Num>
<ns0:LawSectionVersion id="id_2B48DE70-B524-4853-94A6-8CE8DB10CE27">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The regional center may recommend for participation, to the State Department of Developmental Services, an applicant to provide services as part of an approved community placement plan if the applicant meets all of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The applicant employs or contracts with a program administrator who has a successful record of administering residential services for at least two years, as evidenced by substantial compliance with the applicable state licensing requirements.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The applicant prepares and
submits
to the regional center a complete facility program plan that includes, but is not limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The total number of the persons eligible for regional center services to be served.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A profile of the population to be served, including their health care and intensive support needs.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A
description of the program components, including a description of the health care and intensive support services to be provided.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A week’s program schedule, including proposed day and community integration activities for persons eligible for regional center services.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A week’s proposed program staffing pattern, including licensed, unlicensed, and support personnel and the number and distribution of hours for such personnel.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
An organizational chart, including identification of lead and supervisory personnel.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The consultants to be utilized, including their professional disciplines and hours to be worked per week or month, as appropriate.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The plan for accessing and retaining consultant and health care services, including assessments, in the areas of physical therapy, occupational therapy, respiratory therapy, speech pathology, audiology, pharmacy, dietary/nutrition, dental, and other areas required for meeting the needs identified in the individual health care plans of persons eligible for regional center
services.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A description, including the size, layout, location, and condition of the proposed home.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
A description of the equipment and supplies available, or to be obtained, for programming and care.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
The type, location, and response time of emergency medical service personnel.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
The in-service training program plan for at least the next 12 months, that shall include the plan for ensuring that the direct care personnel understand their roles and responsibilities related to implementing individual health care plans,
prior to, or within, the first seven days of providing direct care in the home and for ensuring the administrator understands the unique roles, responsibilities, and expectations for administrators of community-based facilities.
</html:p>
<html:p>
(M)
<html:span class="EnSpace"/>
The plan for ensuring that outside services are coordinated, integrated, and consistent with those provided by the ARFPSHN or the GHCSHN.
</html:p>
<html:p>
(N)
<html:span class="EnSpace"/>
Written certification that an alternative power system required by subdivision (h) of Section 4684.53 meets the manufacturer’s recommendations for installation and operation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The applicant submits a proposed budget itemizing direct and indirect
costs, total costs, and the rate for services.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The applicant submits written certification that they have the ability to comply with all of the requirements of Section 1520 of the Health and Safety Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The regional center shall provide all documentation specified in paragraphs (2) to (4), inclusive, of subdivision (a) and a letter recommending program certification to the State Department of Developmental Services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The State Department of Developmental Services shall either approve or deny the recommendation and transmit its written decision to the regional center and to the State Department of Social Services within 30 days of its decision. The decision of the State Department of Developmental Services not to approve an application for program certification shall be the final administrative
decision.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Any change in the ARFPSHN or the GHCSHN operation that alters the contents of the approved program plan shall be reported to the State Department of Developmental Services and the contracting regional center, and approved by both agencies, prior to implementation.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_89E59804-706C-4AF7-AF99-BF52FEC967A5">
<ns0:Num>SEC. 144.</ns0:Num>
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Section 4684.60 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_D84025AB-2A22-4730-9908-1C105E2E0051">
<ns0:Num>4684.60.</ns0:Num>
<ns0:LawSectionVersion id="id_DA076D0E-E184-4C29-9112-07324D4B9924">
<ns0:Content>
<html:p>The vendoring regional center shall, before placing a person eligible for regional center services into an ARFPSHN or a GHCSHN, ensure that the ARFPSHN or the GHCSHN has a license issued by the State Department of Social Services for not more than five adults, in the case of an ARFPSHN, or not more than five children, in the case of a GHCSHN, and a contract with the regional center that includes, at a minimum, all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The names of the regional center and the licensee.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A requirement that the
contractor shall comply with all applicable statutes and regulations, including Section 4681.1.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The effective date and termination date of the contract.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The definition of terms.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A requirement that the execution of any amendment or modification to the contract be in accordance with all applicable federal and state statutes and regulations and be by mutual agreement of both parties.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A requirement that the licensee and the agents and employees of the licensee, in the performance of the contract, shall act in an independent capacity, and not as officers or employees or agents of the regional center.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A requirement that the assignment of the contract for
services for persons eligible for regional center services shall not be allowed.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The rate of payment per person eligible for regional center services.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Incorporation, by reference, of the ARFPSHN’s or the GHCSHN’s approved program plan.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
A requirement that the contractor verify, and maintain for the duration of the project, possession of commercial general liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Contractor performance criteria.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_E7B226F2-4525-4FEB-B376-25D2BCF2ED6B">
<ns0:Num>SEC. 145.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4684.63.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4684.63 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_53658028-A595-41B3-A052-3345776017B0">
<ns0:Num>4684.63.</ns0:Num>
<ns0:LawSectionVersion id="id_71624FCB-7FA0-47DE-89E6-E90CB94E9D9C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Each ARFPSHN and each GHCSHN shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Meet the minimum requirements for a Residential Facility Service Level 4-i pursuant to Sections 56004 and 56013 of Title 17 of the California Code of Regulations, and ensure that all of the following conditions are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
That a licensed registered nurse, licensed vocational nurse, or licensed psychiatric technician, is awake and on duty 24-hours per day, seven days per week.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
That a licensed registered nurse is awake and on duty at least eight hours per person, per week.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
That at least two
staff on the premises are awake and on duty if providing care to four or more
persons eligible for regional center services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Ensure the person eligible for regional center services remains under the care of a physician at all times and is examined by the primary care physician at least once every 60 days, or more often if required by the individual health care
plan of the person eligible for regional center services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Ensure that an administrator is on duty at least 20 hours per week to ensure the effective operation of the ARFPSHN or the GHCSHN.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For an ARFPSHN, ensure that the administrator completes the 35-hour administrator certification training program pursuant to paragraph (1) of subdivision (c) of Section 1562.3 of the Health and Safety Code without exception, has at least one year of administrative and supervisory experience in a licensed residential program for persons with developmental disabilities, and is one or more of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A licensed registered nurse.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A licensed nursing home administrator.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A licensed psychiatric technician with at least five years of experience serving individuals with developmental disabilities.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
An individual with a bachelors degree or more advanced degree in the health or human services field and two years of experience working in a licensed residential program for persons with developmental disabilities and special health care needs.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For a GHCSHN, ensure that the administrator completes the 40-hour administrator certification training program pursuant to paragraph (1) of subdivision (c) of Section 1522.41 of the Health and Safety Code without exception, has at least one year of administrative and supervisory experience in a licensed residential program for persons with developmental disabilities, and is one or more of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A licensed registered nurse.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A licensed nursing home administrator.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A licensed psychiatric technician with at least five years of experience serving individuals with developmental disabilities.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
An individual with a bachelors degree or more advanced degree in the health or human services field and two years of experience working in a licensed residential program for persons with developmental disabilities and special health care needs.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The regional center shall require an ARFPSHN or a GHCSHN to provide additional professional, administrative, or supportive personnel whenever the regional center determines, in consultation with the individual health care plan team, that
additional personnel are needed to provide for the health and safety of persons eligible for regional center services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Each ARFPSHN and each GHCSHN shall ensure that all direct care personnel complete the training requirements specified in Section 4695.2.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_37402CBD-672D-4EE2-B564-4C3241FA4CEC">
<ns0:Num>SEC. 146.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4684.65.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4684.65 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_D5619D23-C239-4151-A85C-27CCC2AB2FFA">
<ns0:Num>4684.65.</ns0:Num>
<ns0:LawSectionVersion id="id_A69F47F5-44B1-4018-BA92-7C03A9FEBE5E">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A regional center shall not place, or fund the placement for, a person eligible for regional center services in an ARFPSHN or a GHCSHN unless the following requirements are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The individual health care plan team has prepared a written individual health care plan that can be fully and immediately implemented upon the placement of the person eligible for regional
center services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For placements in a GHCSHN, the regional center considers and documents every possible way to assist the child’s family or guardian to maintain the child in the home of the family or guardian, or return the child to the home of the family or guardian, when living at home is the preferred objective in the child’s individual program plan.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
An ARFPSHN and GHCSHN shall only accept, for initial admission, persons eligible for regional center services who meet both of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Reside in a developmental center at the time of the
proposed placement.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Have an individual program plan that specifies special health care and intensive support needs that indicate the appropriateness of placement in an ARFPSHN or a GHCSHN.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Except as provided in paragraph (3), if a vacancy in an ARFPSHN or a GHCSHN occurs due to the permanent relocation or death of a resident, the vacancy may be filled by a person eligible for regional center services who meets the requirements of paragraph (1).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If there is no resident residing in a developmental center from any regional center who meets the requirements of subparagraph (B) of paragraph (1), a vacancy may be
filled by a person eligible for regional center services of any regional center who does not reside in a developmental center if the person eligible for regional center services otherwise meets the requirements of subparagraph (B) of paragraph (1), the regional center demonstrates that the placement is necessary to protect the health or safety of
the person eligible for regional center services, and the department has granted prior written authorization.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The ARFPSHN or the GHCSHN shall not admit a
person eligible for regional center services if the individual health care plan team determines that the person is likely to exhibit behaviors posing a threat of substantial harm to others, or has a serious health condition that is unpredictable or unstable. A determination that the individual is a threat to others may only be based on objective evidence or recent behavior and a determination that the threat cannot be mitigated by reasonable interventions.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_E77C27FD-DF66-4FF9-BAA3-1EB19FD27E2D">
<ns0:Num>SEC. 147.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4684.68.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4684.68 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_84BFAB93-768B-4765-8143-0CD2571B4946">
<ns0:Num>4684.68.</ns0:Num>
<ns0:LawSectionVersion id="id_8B36A8BE-B5D5-4DAB-9FE3-9A802226E026">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The individual health care plan shall include, at a minimum, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An evaluation of the current health of the person eligible for regional center services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A description of the ability of the person
eligible for regional center services to perform the activities of daily living.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A list of all current prescription and nonprescription medications the person eligible for regional center services is using.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A list of all health care and intensive support services the person eligible for regional center services is currently receiving or may need upon placement in the ARFPSHN or the GHCSHN.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A written statement from the primary care physician
of the person eligible for regional center services who is familiar with the health care needs of the person eligible for regional center services, or other physician as designated by the regional center, that the medical condition of the person eligible for regional center services
is predictable and stable, and that the level of care is appropriate for the ARFPSHN or the GHCSHN.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Provision for the person eligible for regional center services to be examined by their
primary care physician at least once every 60 days, or more frequently if indicated.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A list of the appropriate professionals assigned to provide the health care as described in the plan.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
A description of, and plan for providing, any training required for all direct care personnel to meet individuals’ needs.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The name of the individual health care plan team member, and an alternate designee, who is responsible for day-to-day monitoring of the health care plan of the person eligible for regional center
services
and ensuring its implementation as written.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Identification of the legally authorized representative to make health care decisions on behalf of the person eligible for regional center services, if the person eligible for regional center services lacks the capacity to give informed consent.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
The name and telephone number of the person or persons to notify in case of an emergency.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
The next meeting date of the individual health care plan team, that shall be at least every six months, to evaluate and update the individual health care plan.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In addition to Section 80075 of Title 22 of the California Code of Regulations, and if applicable for a GHCSHN, Sections 84075 and 84275 of Title 22 of the California Code of Regulations, the ARFPSHN and the GHCSHN shall comply with all of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Medications shall be given only on the order of a person lawfully authorized to prescribe.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Medications shall be administered as prescribed and shall be recorded in the record of the
person eligible for regional center services. The name and title of the person administering the medication or treatment, and the date, time, and dosage of the medication administered shall be recorded. Initials may be used provided the signature of the person administering the medication or treatment is recorded on the medication or treatment record.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Preparation of dosages for more than one scheduled administration time shall not be permitted.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Persons administering medications shall confirm the identity of each person eligible for regional center services
prior to the administration.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Medications shall be administered within two hours after dosages are prepared and shall be administered by the same person who prepared the dosages. Dosages shall be administered within one hour of the prescribed time unless otherwise indicated by the prescriber.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
All medications shall be administered only by those persons specifically authorized to do so by their respective scope of practice, with the exception of emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock as described in subdivision (a) of Section 1507.25 of the Health and Safety Code.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Medication
shall
not be administered to or used by a person eligible for regional center services other than the person for whom the medication was prescribed.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Medication errors and adverse drug reactions shall be recorded and reported immediately to the practitioner who ordered the drug or another practitioner responsible for the medical care of the
person eligible for regional center services. Minor adverse reactions that are identified in the literature accompanying the product as a usual or common side effect, need not be reported to the practitioner immediately, but in all cases shall be recorded in the record of the person eligible for regional center services. Medication errors include, but are not limited to, the failure to administer a drug ordered by a prescriber within one hour of the time prescribed, administration of any drugs other than prescribed or the administration of a dose not prescribed.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_9DC73618-8824-457F-86FA-ED00FE3D6AE9">
<ns0:Num>SEC. 148.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4684.70.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4684.70 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_801A7D37-92DF-4730-9696-48F7496CD180">
<ns0:Num>4684.70.</ns0:Num>
<ns0:LawSectionVersion id="id_1DB297CE-FC05-4FF0-AD0D-1440885572D8">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The State Department of Social Services, in administering the licensing program, shall not have any responsibility for evaluating the level of care or health care of persons eligible for regional center services provided by an ARFPSHN or a GHCSHN. Any suspected deficiencies in
the level of care or health care provided to a person eligible for regional center services identified by the State Department of Social Services’ personnel shall be reported immediately to the appropriate regional center and the State Department of Developmental Services for investigation.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The regional center shall have responsibility for monitoring and evaluating the implementation of the individual plan objectives of the person eligible for regional center services, including, but not limited to,
the health care and intensive support service needs identified in the individual health care plan of the person eligible for regional center services and their integration and participation in community life.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For each
person eligible for regional center services placed in an ARFPSHN or a GHCSHN, the regional center shall assign a service coordinator pursuant to subdivision (b) of Section 4647.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A regional center licensed registered nurse shall visit, with or without prior notice, the person eligible for regional center services, in person, at least monthly in the ARFPSHN or the GHCSHN, or more frequently if specified in the individual health care plan
of the person eligible for regional center services. At least four of these visits, annually, shall be unannounced.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The State Department of Developmental Services shall monitor and ensure the regional centers’ compliance with the requirements of this article. The monitoring shall include onsite visits to all the ARFPSHNs and the GHCSHNs at least every six months.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_98D7AC1D-B380-4D12-B925-3A2867557AE3">
<ns0:Num>SEC. 149.</ns0:Num>
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Section 4684.73 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_C5427609-8139-4E5A-89D3-71EB02FA4961">
<ns0:Num>4684.73.</ns0:Num>
<ns0:LawSectionVersion id="id_7362152D-FE2C-4682-A623-5C774E81ED23">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
In addition to any other contract termination provisions, a regional center may terminate its contract with an ARFPSHN or a GHCSHN if the regional center determines that the ARFPSHN or the GHCSHN is unable to maintain substantial compliance with state laws, regulations, or its contract with the regional center, or the ARFPSHN or the GHCSHN demonstrates an inability to ensure the health and safety of the persons eligible for regional center services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The ARFPSHN or the GHCSHN may appeal a regional center’s decision to terminate its contract by sending,
to the executive director of the contracting regional center, a detailed statement containing the reasons and facts demonstrating why the termination is inappropriate. The appeal must be received by the regional center within 10 working days from the date of the letter terminating the contract. The executive director shall respond with their decision within 10 working days of the date of receipt of the appeal from the ARFPSHN or the GHCSHN. The executive director shall submit their decision to the State Department of Developmental Services on the same date that it is signed. The decision of the executive director shall be the final administrative decision.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The Director of Developmental Services may rescind an ARFPSHN’s or a GHCSHN’s program certification if, in their sole discretion, an ARFPSHN or a GHCSHN does not maintain substantial compliance with an applicable statute, regulation, or ordinance, or cannot ensure the health and safety of
the
persons eligible for regional center services. The decision of the Director of Developmental Services shall be the final administrative decision. The Director of Developmental Services shall transmit their decision rescinding an ARFPSHN’s or a GHCSHN’s program certification to the State Department of Social Services and the regional center with their recommendation as to whether to revoke the ARFPSHN’s or the GHCSHN’s license.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
In addition to complying with Section 1524.1 of the Health and Safety Code, an ARFPSHN or GHCSHN licensee that is unable to continue to provide services to
persons eligible for regional center services in the facility shall, upon the date on which a new ARFPSHN license is issued pursuant to Sections 1520 and 1525 of the Health and Safety Code, or a new GHCSHN license is issued pursuant to Sections 1520, 1520.1, and 1525 of the Health and Safety Code, arrange with the regional center or department the transfer of all information, property, and documents related to the operation of the facility and the provision of services to the persons eligible for regional center services. The department or the regional center shall take all steps permitted by this article to ensure that at all times the
persons eligible for regional center services who are residing in the facility receive services set forth in their individual health care plans.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_7B41FE23-3711-4448-BE7D-E7EA34A38397">
<ns0:Num>SEC. 150.</ns0:Num>
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Section 4684.74 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_6F28F4D8-211D-4C66-9E35-6CF32AA522C4">
<ns0:Num>4684.74.</ns0:Num>
<ns0:LawSectionVersion id="id_2C705F73-2DC6-404A-A20A-1C1D642D31F7">
<ns0:Content>
<html:p>The State Department of Developmental Services shall only approve the development of ARFPSHNs or GHCSHNs that are directly associated with the identification of the need of persons eligible for regional center services residing in or at risk of placement in larger congregate settings.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D38984BC-05FA-4B4B-98C8-382E220D8297">
<ns0:Num>SEC. 151.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4684.77.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4684.77 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_EF671DE5-04A1-485F-86E2-DC882A7DB987">
<ns0:Num>4684.77.</ns0:Num>
<ns0:LawSectionVersion id="id_4056C73F-F476-406A-83A6-AAEEC514B89D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If a child requires a living arrangement in a GHCSHN, the regional center shall make every effort to secure placement, consistent with the individual program plan, in a GHCSHN that is reasonably close proximity to the home of the legal guardian.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If a GHCSHN in reasonably close proximity to the home of the family or guardian cannot be secured by the regional center, the regional center shall include with the individual program plan a written statement of its efforts to locate, develop, or adapt appropriate services and supports in a living arrangement within close proximity to the family home and what steps will be taken by the regional center to develop the services and supports necessary to return the child to the family home
or within close proximity of the family home.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The statement required pursuant to paragraph (1) shall be updated every six months, or as agreed to by the parents or guardians, and a copy shall be forwarded to the parents or guardians of the minor and to the director of the department.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section shall not be construed to impede the movement of persons eligible for regional center services to other geographic areas or the preference of the legal guardian for the placement of their minor child.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_1999D8D1-C5AC-47E3-A22B-6D1C34F57DE8">
<ns0:Num>SEC. 152.</ns0:Num>
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Section 4684.80 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_F597F70E-B3A9-417E-B15B-A728E5AD7CEF">
<ns0:Num>4684.80.</ns0:Num>
<ns0:LawSectionVersion id="id_B51E55CC-A6E9-4878-A9B0-2D7DA7CBD38A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
“Enhanced behavioral supports home” means a facility certified by the State Department of Developmental Services and licensed by the State Department of Social Services pursuant to Section 1567.62 of the Health and Safety Code as an adult residential facility or a group home that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting. An enhanced behavioral supports home shall have a maximum capacity of four persons eligible for regional center services,
and shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations. The enhanced behavioral support home shall be eligible for federal Medicaid home- and community-based services funding, unless the State Department of Developmental Services approves the use of delayed egress devices with secured perimeters to be utilized at the enhanced behavioral supports home pursuant to Section 1531.15 of the Health and Safety Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Enhanced behavioral services and supports” means additional staffing supervision, facility characteristics, or other services and supports to address the challenging
behaviors of a person eligible for regional center services, which are beyond what is typically available in other community facilities licensed as an adult residential facility or a group home to serve individuals in a community setting rather than an institution.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Individual behavior supports plan” means the plan that identifies and documents the behavior and intensive support and service needs of a person eligible for regional center services and details the strategies to be employed and services to be provided to address those needs, and includes the entity responsible for providing those services and timelines for when each identified individual behavior support will commence.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Individual behavior supports team” means those individuals who develop, monitor, and revise the individual behavior supports plan for persons eligible for regional center services residing in an enhanced behavioral supports home. The team shall, at a minimum, be composed of all of the following individuals:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Regional center service coordinator and other regional center representatives, as necessary.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The person eligible for regional
center services and,
when appropriate, their conservator or authorized representative.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Service provider’s board-certified behavior analyst or qualified behavior modification professional.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Enhanced behavioral supports home administrator.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Regional center clients’ rights advocate, unless the
person eligible for regional center services objects on
their own behalf to participation by the clients’ rights advocate.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Others deemed necessary by the person eligible for regional center services, or their conservator or authorized representative, for developing a comprehensive and effective individual behavior supports plan.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_261AAEAE-DC95-4106-921F-1BF9729332C1">
<ns0:Num>SEC. 153.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4684.81.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4684.81 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_D63172FE-EE55-464C-AD9A-717999BB4692">
<ns0:Num>4684.81.</ns0:Num>
<ns0:LawSectionVersion id="id_6698A33F-6BDD-4F5D-B14B-884FAD0FD64B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall use community placement plan funds, as appropriated in the State Department of Developmental Services’ annual budget, to develop enhanced behavioral supports in homelike community settings. The enhanced behavioral supports homes shall be for purposes of providing intensive behavioral services and supports to adults and children with developmental disabilities who need intensive services and supports due to challenging behaviors that cannot be managed in a community setting without the availability of enhanced behavioral services and supports, and who are at risk of institutionalization or out-of-state placement, or are transitioning to the community from a developmental center, other state-operated residential facility, institution for mental disease, or out-of-state placement.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An enhanced behavioral supports home may only be established in an adult residential facility or a group home approved through a regional center community placement plan pursuant to Section 4418.25.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Enhanced behavioral supports homes may be approved by the State Department of Developmental Services each fiscal year to the extent funding is available for this purpose, each for no more than four individuals with developmental disabilities. The homes shall be located throughout the state, as determined by the State Department of Developmental Services, based on regional center requests.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Each enhanced behavioral supports home shall be licensed as an adult residential facility or a group home pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the
Health and Safety Code) and certified by the State Department of Developmental Services, shall exceed the minimum requirements for a Residential Facility Service Level 4-i pursuant to Sections 56004 and 56013 of Subchapter 4 of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations, and shall meet all applicable statutory and regulatory requirements applicable to a facility licensed as an adult residential facility or a group home for facility licensing, seclusion, and restraint, including Division 1.5 (commencing with Section 1180) of the Health and Safety Code, and the use of behavior modification interventions, subject to any additional requirements applicable to enhanced behavioral supports homes established by statute or by regulation promulgated pursuant to this article and Article 9.5 (commencing with Section 1567.61) of Chapter 3 of Division 2 of the Health and Safety Code.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A regional center shall not place a
person eligible for regional center services in an enhanced behavioral supports home unless the program is certified by the State Department of Developmental Services and the facility is licensed by the State Department of Social Services.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The State Department of Developmental Services shall be responsible for granting the certificate of program approval for an enhanced behavioral supports home.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The State Department of Developmental Services may, pursuant to Section 4684.85, decertify any enhanced behavioral supports home that does not comply with program requirements. Upon decertification of an enhanced behavioral supports home, the State Department of Developmental Services shall report the decertification to the State Department of Social Services. The State Department of Social Services shall revoke the license of the enhanced
behavioral supports home that has been decertified pursuant to Section 1550 of the Health and Safety Code.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
If the State Department of Developmental Services determines that urgent action is necessary to protect a person eligible for regional center services residing in an enhanced behavioral supports home from physical or mental abuse, abandonment, or any other substantial threat to the health and safety of the person eligible for regional center services,
the State Department of Developmental Services may request that the regional center or centers remove the person eligible for regional center services from the enhanced behavioral supports home or direct the regional center or centers to obtain alternative or additional services for the persons eligible for regional center services within 24 hours of that determination. When possible, an individual program plan (IPP) meeting shall be convened to determine the appropriate action pursuant to this section. In any case, an IPP meeting shall be convened within 30 days following an action pursuant to
this section.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Enhanced behavioral supports homes shall have a facility program plan approved by the State Department of Developmental Services.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
No later than December 1, 2017, the department shall develop guidelines regarding the use of restraint or containment in enhanced behavioral supports homes, which shall be maintained in the facility program plan and plan of operation. In the development of these guidelines, the department shall consult with both of following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The appropriate professionals regarding the use of restraint or containment in enhanced behavioral supports homes.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The protection and advocacy agency described in subdivision (i) of Section 4900 regarding appropriate safeguards for the protection of
the rights of persons eligible for regional center services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The requirements of paragraph (1) shall not apply to enhanced behavioral supports homes that are certified and licensed prior to January 1, 2018, or prior to the adoption of the guidelines required in paragraph (1), whichever is sooner. However, these homes shall meet the requirements of paragraph (1) no later than 30 days following adoption of the guidelines.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An enhanced behavioral supports home shall include in its facility program plan a description of how it will ensure physical restraint or containment will not be used as an extended procedure in accordance with this section, subdivision (h) of Section 1180.4 of the Health and Safety Code, and any other applicable law or regulation.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The facility
program plan approved by the State Department of Developmental Services shall be submitted to the State Department of Social Services for inclusion in the facility plan of operation.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The vendoring regional center and the regional center of each person eligible for regional center services shall have joint responsibility for monitoring and evaluating the services provided in the enhanced behavioral supports home. Monitoring shall include at least quarterly, or more frequently if specified in the individual program
plan of the person eligible for regional center services, face-to-face, onsite case management visits with each person eligible for regional center services by their regional center and at least quarterly quality assurance visits by the vendoring regional center. The State Department of Developmental Services shall monitor and ensure the regional centers’ compliance with their monitoring responsibilities.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The State Department of Developmental Services shall establish by regulation a rate methodology for enhanced behavioral supports homes that includes a fixed facility component for residential services and an individualized services and supports component based on
the needs of each person eligible for regional center services as determined through the individual program plan process, which may include assistance with transitioning to a less restrictive community residential setting.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The established facility rate for a full month of service, as defined in regulations adopted pursuant to this article, shall be paid based on the licensed capacity of the facility once the facility reaches maximum capacity, despite the temporary absence of one or more
persons eligible for regional center services from the facility or subsequent temporary vacancies created by persons eligible for regional center services moving from the facility. Prior to the facility reaching licensed capacity, the facility rate shall be prorated based on the number of persons eligible for regional center services residing in the facility.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
When a
person eligible for regional center services is temporarily absent from the facility, including when they are in need for inpatient care in a health facility, as defined in subdivision (a), (b), or (c) of Section 1250 of the Health and Safety Code, the regional center may, based on the need of the person eligible for regional center services, continue to fund individual services, in addition to paying the facility rate. Individual services
for a person eligible for regional center services funded by the regional center during the person’s absence from the facility shall be approved by the regional center director and shall only be approved in 14-day increments. The regional center shall maintain documentation of the need for these services and the regional center director’s approval.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An enhanced behavioral supports home using delayed egress devices, in compliance with Section 1531.1 of the Health and Safety Code, may utilize secured perimeters, in compliance with Section 1531.15 of the Health and Safety Code and applicable regulations. No more than 11 enhanced behavioral supports homes that use delayed egress devices in combination
with a secured perimeter shall be certified. Enhanced behavioral supports homes shall be counted for purposes of the statewide limit established in regulations on the total number of beds permitted in homes with delayed egress devices in combination with secured perimeters pursuant to subdivision (k) of Section 1531.15 of the Health and Safety Code.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D0F316CE-D261-402D-B3B4-62E8B7FFBB71">
<ns0:Num>SEC. 154.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4684.82.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4684.82 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_C82B48FD-3C51-4BA1-AD9A-611B7210F36D">
<ns0:Num>4684.82.</ns0:Num>
<ns0:LawSectionVersion id="id_49773875-DEF1-4CD6-8688-6B2A33166268">
<ns0:Content>
<html:p>The vendoring regional center shall, before placing a person eligible for regional center services into an enhanced behavioral supports home, ensure that the home has a license issued by the State Department of Social Services for not more than four individuals with developmental disabilities, is certified by the State Department of Developmental Services, and has a contract with the regional center that meets the contracting requirements established by the State Department of Developmental Services through regulations promulgated pursuant to this article.</html:p>
</ns0:Content>
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</ns0:LawSection>
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<ns0:BillSection id="id_897A3F2D-608E-4EA8-844F-9E7E164841A9">
<ns0:Num>SEC. 155.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4684.83.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4684.83 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_7C5E0997-FC6B-4DC8-ABBF-98AEC17EB793">
<ns0:Num>4684.83.</ns0:Num>
<ns0:LawSectionVersion id="id_736EF1C9-6184-40BC-80A5-56495E3607D4">
<ns0:Content>
<html:p>The enhanced behavioral supports home provider shall be responsible for coordinating the development and updating of the individual behavior supports plan of each person eligible for regional center services with their
individual behavior supports team. The initial individual behavior supports plan shall be developed within one week of the admission of the person eligible for regional center services to the enhanced behavioral supports home.</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_53660FB0-68A6-4B81-A47F-1FB217864247">
<ns0:Num>SEC. 156.</ns0:Num>
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Section 4684.84 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_C64032BD-5408-4205-92C6-90A90A503C31">
<ns0:Num>4684.84.</ns0:Num>
<ns0:LawSectionVersion id="id_1337514B-2881-4DBE-8820-D9AE963A7EAD">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The regional center shall have responsibility for monitoring and evaluating the implementation of the individual behavior supports plan objectives of the person eligible for regional center services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A regional center qualified behavior modification professional shall visit, with or without notice, the
person eligible for regional center services, in person, at least monthly in the enhanced behavioral supports home, or more frequently if specified in the individual behavior supports plan of the person eligible for regional center services. At least four of these visits, annually, shall be unannounced.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The State Department of Developmental Services shall monitor and ensure the regional centers’ compliance with the requirements of this article. The monitoring shall include onsite visits to all the enhanced behavioral supports homes at least every six months for the duration of the pilot project.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The State Department of Developmental Services shall conduct a review of the pilot project in consultation with stakeholders. The review shall be completed and the results of the review shall be shared in writing with the State Department of Social Services no later than September 1, 2018.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_308FE541-26EC-427B-B5C6-D086A3586FE3">
<ns0:Num>SEC. 157.</ns0:Num>
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Section 4684.85 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_61452C27-51C6-4D8A-9344-C64B749AD196">
<ns0:Num>4684.85.</ns0:Num>
<ns0:LawSectionVersion id="id_42B52392-B297-437E-B19C-881AC63C602C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
In addition to any other contract termination provisions, a regional center may terminate its contract with an enhanced behavioral supports home when the regional center determines that the home is unable to maintain substantial compliance with state laws, regulations, or its contract with the regional center, or the home demonstrates an inability to ensure the health and safety of the persons eligible for regional center services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The enhanced behavioral supports home may appeal a regional center’s decision to terminate its contract by sending to the
executive director of the contracting regional center a detailed statement containing the reasons and facts demonstrating why the termination is inappropriate. The appeal shall be received by the regional center within 10 working days from the date of the letter terminating the contract. The executive director shall respond with their decision within 10 working days of the date of receipt of the appeal from the enhanced behavioral supports home. The executive director shall submit their decision to the State Department of Developmental Services and the State Department of Social Services on the same date that
it is signed. The decision of the executive director shall be the final administrative decision.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The Director of Developmental Services may rescind an enhanced behavioral supports home program certification when, in their sole discretion, an enhanced behavioral supports home does not maintain substantial compliance with an applicable statute, regulation, or ordinance, or cannot ensure the health and safety of the persons eligible for regional center services. The decision of the Director of Developmental Services shall be the final
administrative decision. The Director of Developmental Services shall transmit
their decision whether to rescind an enhanced behavioral supports home program certification to the State Department of Social Services and the regional center with their recommendation as to whether to revoke the enhanced behavioral supports home’s residential care facility license, for which the State Department of Social Services shall revoke the license of the enhanced behavioral supports home pursuant to Section 1550 of the Health and Safety Code.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The State Department of Developmental Services and regional centers shall, for purposes of assisting in licensing, provide the State Department of Social Services with all available documentation and evidentiary support that was submitted to the State
Department of Developmental Services in connection with certification by an applicant for licensure under this article.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_FE1ED2B4-C3EC-42A5-850D-A730A0005581">
<ns0:Num>SEC. 158.</ns0:Num>
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Section 4684.86 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_2A18AA00-561F-4813-B4EE-64527FFFDAC1">
<ns0:Num>4684.86.</ns0:Num>
<ns0:LawSectionVersion id="id_E1A61152-C603-4827-A598-F7FECF9FCFAD">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A certification for an enhanced behavioral supports home shall not be issued before emergency regulations filed by the State Department of Developmental Services pursuant to this article have been published. These regulations shall be developed in consultation with stakeholders, including the State Department of Social Services, advocates for persons eligible for regional center services, and regional centers. The regulations shall address at least the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Program standards, including program design requirements, staffing structure,
staff qualifications, and training. Training requirements shall include:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A minimum of 16 hours of emergency intervention training, which shall include the techniques the licensee will use to prevent injury and maintain safety regarding persons eligible for regional center services who are a danger to themselves or others and shall emphasize positive behavioral supports and techniques that are alternatives to physical restraints.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Additional training for direct care staff to address
the specialized needs of the
persons eligible for regional center services, including training in emergency interventions.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Requirements and timelines for the development and updating of the individual behavior supports plans of persons eligible for regional center services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Admission and continued stay requirements.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Requirements for ensuring that appropriate services and supports are provided at
the time of admission to meet the
immediate needs of the person eligible for regional center services pending development of their individual behavior supports plan.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The rate methodology.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Rights and protections of persons eligible for regional center
services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The adoption, initial amendment, repeal, or readoption of a regulation authorized by this section is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe specific facts showing the need for immediate action. These regulations shall be developed in consultation with system stakeholders. A certificate of compliance for these implementing regulations shall be filed within 24 months following the adoption of the first emergency regulations filed pursuant to this section. The emergency regulations may be readopted and remain in effect until approval of the certificate of compliance.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B52B8F67-E519-4A2E-B3CC-D8A2890FCCA2">
<ns0:Num>SEC. 159.</ns0:Num>
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Section 4685.1 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_190F28C4-1F0C-42E1-AF47-5160FB677846">
<ns0:Num>4685.1.</ns0:Num>
<ns0:LawSectionVersion id="id_AF9E4ABD-5BC3-4342-B855-65DA729E6231">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
When a minor child requires a living arrangement outside of the family home, as determined in the individual program plan developed pursuant to Section 4646 and Section 4648, the regional center shall make every effort to secure a living arrangement, consistent with the individual program plan, in reasonably close proximity to the family home.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
When the parents or guardian of a minor child requests that an out-of-home living arrangement for a minor child be in close proximity to the family home, and when such a living arrangement cannot be secured by the regional center, the regional center shall include with the individual program plan a written statement of its efforts to locate, develop, or adapt appropriate services and supports in a living
arrangement within close proximity to the family home and what steps will be taken by the regional center to develop the services and supports necessary to return the child to the family home or within close proximity of the family home. This statement shall be updated every six months, or as agreed to by the parents or guardians, and a copy shall be forwarded to the parents or guardians of the minor and to the director of the department.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section shall not be construed to impede the movement of persons eligible for regional center services to other geographic areas or the preference of the parent or guardian for the placement of their minor child.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_58226489-2C8F-40E2-9049-D81F6A41BB99">
<ns0:Num>SEC. 160.</ns0:Num>
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Section 4685.7 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_9B5CDB42-1FF5-43AB-9048-05B662F249D7">
<ns0:Num>4685.7.</ns0:Num>
<ns0:LawSectionVersion id="id_9FD8DD93-07F6-4F8B-AEC0-02FBD31B21F2">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Contingent upon approval of a federal waiver, the Self-Directed Services Program (SDS Program) is hereby established and shall be available in every regional center catchment area to provide participants, within an individual budget, greater control over needed services and supports. The Self-Directed Services Program shall be consistent with the requirements set forth in this section. In order to provide opportunities to participate in the program, the department shall adopt regulations, consistent with federal law, to implement the procedures set forth in this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, all of the following definitions shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Financial management services” means a
service or function that assists the participant to manage and direct the distribution of funds contained in the individual budget. This may include, but is not limited to, bill paying services and activities that facilitate the employment of service workers by the participant, including, but not limited to, federal, state, and local tax withholding payments, unemployment compensation fees, setting of wages and benefits, wage settlements, fiscal accounting, and expenditure reports. The department shall establish specific qualifications that shall be required of a financial management services provider.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Supports brokerage” means a service or function that assists participants in making informed decisions about the individual budget, and assists in locating, accessing and coordinating services consistent with and reflecting a participant’s needs and preferences. The service is available to assist in identifying immediate and long-term needs,
developing options to meet those needs, participating in the person-centered planning process and development of the individual program plan, and obtaining identified supports and services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Supports broker” means a person, selected and directed by the participant, who fulfills the supports brokerage service or function and assists the participant in the SDS Program. Specific qualifications shall be established by the department and required of a supports broker provider.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Waiver” means a waiver of federal law pursuant to Section 1396n of Title 42 of the United States Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Independence Plus Self-Directed (IPSD) Waiver Program” or “Self-Directed Waiver Program” means a federal waiver to the state’s Medicaid plan to allow a person with developmental disabilities who needs or requires long-term supports
and services, and, when appropriate, the person’s family, greater opportunity to control their own health and well-being by utilization of self-directed services.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Self-directed services” or “SDS” means a voluntary delivery system consisting of a defined and comprehensive mix of services and supports, selected and directed by a participant, in order to meet all or some of the objectives in their individual program plan. Self-directed services are designed to assist the participant to achieve personally defined outcomes in inclusive community settings.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Self-directed services shall include, but are not limited to, all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Home health aide services.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Supported employment and prevocational
services.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Respite services.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Supports broker functions and services.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Financial management services and functions.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
Environmental accessibility adaptations.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
Skilled nursing.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
Transportation.
</html:p>
<html:p>
(ix)
<html:span class="EnSpace"/>
Specialized medical equipment and supplies.
</html:p>
<html:p>
(x)
<html:span class="EnSpace"/>
Personal emergency response system.
</html:p>
<html:p>
(xi)
<html:span class="EnSpace"/>
Integrative therapies.
</html:p>
<html:p>
(xii)
<html:span class="EnSpace"/>
Vehicle adaptations.
</html:p>
<html:p>
(xiii)
<html:span class="EnSpace"/>
Communication support.
</html:p>
<html:p>
(xiv)
<html:span class="EnSpace"/>
Crises intervention.
</html:p>
<html:p>
(xv)
<html:span class="EnSpace"/>
Nutritional consultation.
</html:p>
<html:p>
(xvi)
<html:span class="EnSpace"/>
Behavior intervention services.
</html:p>
<html:p>
(xvii)
<html:span class="EnSpace"/>
Specialized therapeutic services.
</html:p>
<html:p>
(xviii)
<html:span class="EnSpace"/>
Family assistance and support.
</html:p>
<html:p>
(xix)
<html:span class="EnSpace"/>
Housing access supports.
</html:p>
<html:p>
(xx)
<html:span class="EnSpace"/>
Community living supports, including, but not limited to, socialization, personal skill development, community participation, recreation, leisure, home and personal care.
</html:p>
<html:p>
(xxi)
<html:span class="EnSpace"/>
Advocacy services.
</html:p>
<html:p>
(xxii)
<html:span class="EnSpace"/>
Individual training and education.
</html:p>
<html:p>
(xxiii)
<html:span class="EnSpace"/>
Participant-designated goods and services.
</html:p>
<html:p>
(xxiv)
<html:span class="EnSpace"/>
Training and education transition services.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The department shall include all of the services and supports listed in this paragraph in the IPSD Waiver Program application. Notwithstanding this paragraph, only services and supports included in an approved IPSD Waiver shall be funded through the SDS Program.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Advocacy services” means services and supports that facilitate the participant in exercising their legal, civil, and service rights to gain access to generic services and benefits that the participant is entitled to receive. Advocacy services shall only be provided when other sources
of similar assistance are not available to the participant, and when advocacy is directed towards obtaining generic services.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Individual budget” means the amount of funding available to the participant for the purchase of services and supports necessary to implement an individual program plan. The individual budget shall be constructed using a fair, equitable, and transparent methodology.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
“Risk pool” means an account that is available for use in addressing the unanticipated needs of participants in the SDS Program.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
“Participant” means an individual, and, when appropriate, their parents, legal guardian or conservator, or authorized representative, who have been deemed eligible for, and have voluntarily agreed to participate in, the SDS Program.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Participation in the SDS Program is fully voluntary. A participant may choose to participate in, and may choose to leave, the SDS Program at any time. A regional center may not require participation in the SDS Program as a condition of eligibility for, or the delivery of, services and supports otherwise available under this division.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department shall develop informational materials about the SDS Program. The department shall ensure that regional centers are trained in the principles of SDS, the mechanics of the SDS Program, and the rights of persons eligible for regional center services and families as candidates for, and
participants in, the SDS Program. Regional centers shall conduct local meetings or forums to provide
persons eligible for regional center services and families with information about the SDS Program. All persons eligible for regional center services and families who express an interest in participating in the SDS program shall receive an in-depth orientation conducted by the regional center prior to enrollment in the program.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Prior to enrollment in the SDS Program, and based on the methodologies described below, an individual, and, when appropriate, their parents, legal guardian or conservator, or authorized representative, shall be provided in writing two individual budget amounts. If the individual, and, when appropriate, their parents, legal guardian or conservator, or authorized representative,
elects to become a participant in the SDS Program, the individual shall choose which of the two budget amounts provided will be used to implement their individual program plan.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The methodologies and formulae for determining the two individual budget amounts shall be detailed in departmental regulations, as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
One individual budget amount shall equal 90 percent of the annual purchase of services costs for the individual. The annual costs shall reflect the average annual costs for the previous two fiscal years for the individual.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
One individual budget amount shall equal 90 percent of the annual per capita purchase of service costs for the previous two fiscal years for
persons eligible for regional center services with similar characteristics, who do not receive services through the SDS Program, based on factors, including, but not limited to, age, type of residence, type of disability and ability, functional skills, and whether the individual is in transition. This budget methodology shall be constructed using data available on the State Department of Developmental Services information system.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Once a participant has selected an individual budget amount, that individual budget amount shall be available to the participant each year for the purchase of self-directed services until a new individual budget amount has been determined. An individual budget amount shall be calculated no more than once in a 12-month period.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
As determined by the participant, the individual budget shall be distributed
among the following budget categories in order to implement the IPP:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Community Living.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Health and Clinical Services.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Employment.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Training and Education.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Environment and Medical Supports.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Transportation.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Annually, participants may transfer up to 10 percent of the funds originally distributed to any budget category set forth in paragraph (3), to another budget category or categories. Transfers in excess of 10 percent of the original amount allocated to any budget category may be made upon the approval of the regional center. Regional
centers may only deny a transfer if necessary to protect the health and safety of the participant.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The regional center shall annually ascertain from the participant whether there are any circumstances that require a change to the annual individual budget amount. The department shall detail in regulations the process by which this annual review shall be achieved.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A regional center’s calculation of an individual budget amount may be appealed to the executive director of the regional center, or their designee, within 30 days after receipt of the budget amount. The executive director shall issue a written decision within 10 working days. The decision of the executive director may be appealed to the Director of Developmental Services, or their designee, within 15 days of receipt of the written decision. The decision of the department is final.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The department shall establish a risk pool fund to meet the unanticipated needs of participants in the SDS Program. The fund shall be administered by the department. Notwithstanding Section 13340 of the Government Code, all moneys in the fund shall be continuously appropriated to the department, without regard to fiscal years, for the purpose of funding services and supports pursuant to this subdivision.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The risk pool shall be funded at the equivalent of 5 percent of the historic annual purchase of service costs for persons eligible for regional center services participating in the SDS Program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The risk pool
shall be allocated by the department to regional centers through a process specified by the department.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The risk pool may be used only in the event of substantial change in a participant’s service and support needs that were not known at the time the individual budget was set, including an urgent need to relocate a residence, and catastrophic injury or illness.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The risk pool may be accessed by a participant more than once in a lifetime.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
In the first year of the SDS Program, the department shall provide for establishment of savings to the General Fund equivalent to 5 percent of the historic annual purchase of service costs for SDS program participants. In subsequent fiscal years, the department shall annually provide for establishment of savings to the General Fund equivalent to 5 percent of the annual
purchase of services costs for SDS Program participants, averaged over the prior two fiscal years.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
A regional center may advance funds to a financial management services entity pursuant to SDS Program regulations to facilitate development of a participant’s individual budget and transition into the SDS Program.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Participation in the SDS Program shall be available to any person eligible for regional center services who meets all of the following eligibility requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The participant is three years of age or older.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The
participant has a developmental disability, as defined in Section 4512.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The participant does not live in a licensed long-term health care facility, as defined in paragraph (44) of subdivision (a) of Section 54302 of Title 17 of the California Code of Regulations, or a residential facility, as defined in paragraph (55) of subdivision (a) of Section 54302 of Title 17 of the California Code of Regulations, or receive day program or habilitation services, as defined in paragraph (16) or (34) of subdivision (a) of Section 54302 of Title 17 of the California Code of Regulations, respectively. An individual, and, when appropriate, their parent, legal guardian or conservator, or authorized representative, who is not eligible to participate in the SDS Program pursuant to this paragraph may request that the regional center provide person-centered planning services in order to make arrangements for transition to the SDS Program. In that case, the
regional center shall initiate person-centered planning services within 60 days of a request.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The participant agrees to all of the following terms and conditions:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The participant shall undergo an in-depth orientation to the SDS Program prior to enrollment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The participant shall agree to utilize the services and supports available within the SDS Program only when generic services cannot be accessed, and except for Medi-Cal state plan benefits when applicable.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The participant shall consent to use only services necessary to implement their individual program plan as described in the IPSD Waiver Program, and as defined in paragraph (6) of subdivision (b), as an available service in the SDS Program, and shall agree to comply with any and all
other terms and conditions for participation in the SDS Program described in this section.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The participant shall manage self-directed services within the individual budget amount, chosen pursuant to subdivision (e).
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The participant shall utilize the services of a financial management services entity of their own choosing. A financial management services provider may either be hired or designated by the participant. A designated financial management services provider shall perform services on a nonpaid basis. An individual or a parent of an individual in the SDS Program shall provide financial management services only as a designated provider and only if the capacity to fulfill the roles and responsibilities as described in the financial management services provider qualifications can be demonstrated to the regional center.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The participant shall utilize the services of a supports broker of their own choosing for the purpose of providing services and functions as described in paragraphs (2) and (3) of subdivision (b). A supports broker may either be hired or designated by the participant. A designated supports broker shall perform support brokerage services on a nonpaid basis. An individual or a parent of an individual in the SDS Program shall provide supports brokerage services or their designated representative shall provide the services only as a designated provider and only if the capacity to fulfill the role and responsibilities as described in the supports broker provider qualifications can be demonstrated to the financial management services entity.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
A participant who is not Medi-Cal eligible may participate in the SDS Program without IPSD Waiver Program enrollment and receive self-directed
services if all other IPSD Waiver Program eligibility requirements are met.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The planning team, established pursuant to subdivision (j) of Section 4512, shall utilize the person-centered planning process to develop the Individual Program Plan (IPP) for an SDS participant. The IPP shall detail the goals and objectives of the participant that are to be met through the purchase of participant selected services and supports.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
The participant shall implement their IPP, including choosing the services and supports allowable under this section necessary to implement the plan. A regional center may not prohibit the purchase of any service or support that is otherwise allowable under this section.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
An adult may designate an authorized representative to effect the implementation. The representative shall meet all of
the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
They shall demonstrate knowledge and understanding of the participant’s needs and preferences.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
They shall be willing and able to comply with SDS Program requirements.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
They shall be at least 18 years of age.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
They shall be approved by the participant to act in the capacity of a representative.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
The participant, or their authorized representative, and the regional center case manager shall receive a monthly budget statement that describes the amount of funds allocated by budget category, the amount spent in the previous 30-day period, and the amount of funding that remains available under the participant’s individual budget.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
If at any time during participation in the SDS Program a regional center determines that an individual is no longer eligible to continue based on the criteria described in subdivision (i), or a participant voluntarily chooses to exit the SDS Program, the regional center shall provide for the participant’s transition from the SDS Program to other services and supports. This shall include the development of a new individual program plan that reflects the services and supports necessary to meet the individual’s needs. The regional center shall ensure that there is no gap in services and supports during the transition period.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Upon determination of ineligibility pursuant to this subdivision, the regional center shall inform the participant in writing of their ineligibility, the reason for the determination of ineligibility, and shall provide a written notice of the fair hearing
rights, as required by Section 4701.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An individual determined ineligible, or an individual who voluntarily exits the SDS Program, shall be permitted to return to the SDS Program upon meeting all applicable eligibility criteria and after a minimum of 12 months’ time has elapsed.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
A participant in the SDS Program shall have all the rights established in Chapter 7 (commencing with Section 4700), except as provided under paragraph (6) of subdivision (e).
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
Only a financial management services provider is required to apply for vendorization in accordance with Subchapter 2 (commencing with Section 54300) of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations, for the SDS Program. All other service providers shall have applicable state licenses, certifications, or other state required
documentation, but are exempt from the vendorization requirements set forth in Title 17 of the California Code of Regulations. The financial management services entity shall ensure and document that all service providers meet specified requirements for any service that may be delivered to the participant.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
A participant in the SDS Program may request, at no charge to the participant or the regional center, criminal history background checks for persons seeking employment as a service provider and providing direct care services to the participant.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Criminal history records checks pursuant to this subdivision shall be performed and administered as described in subdivision (b) and subdivisions (d) to (h), inclusive, of Section 4689.2, and Sections 4689.4 to 4689.6, inclusive, and shall apply to vendorization of providers and hiring of employees to provide services for family
home agencies and family homes.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department may enter into a written agreement with the Department of Justice to implement this subdivision.
</html:p>
<html:p>
(s)
<html:span class="EnSpace"/>
Notwithstanding any law, an individual receiving services and supports under the self-determination projects established pursuant to former Section 4685.5 may elect to continue to receive self-determination services within their current scope and existing procedures and parameters. Participation in a self-determination project pursuant to former Section 4685.5 may only be terminated upon a participant’s voluntary election and qualification to receive services under another delivery system.
</html:p>
<html:p>
(t)
<html:span class="EnSpace"/>
Each regional center shall be responsible for implementing an SDS Program as a
term of its contract under Section 4629.
</html:p>
<html:p>
(u)
<html:span class="EnSpace"/>
The department shall annually provide the following information to the policy and fiscal committees of the Legislature:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Number and characteristics of participants, by regional center.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Types and ranking of services and supports purchased under the SDS Program, by regional center.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Range and average of individual budgets, by regional center.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Utilization of the risk pool, including range and average individual budget augmentations and type of service, by regional centers.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Information regarding
satisfaction
of persons eligible for regional center services under the SDS Program and, when data is available, the traditional service delivery system, by regional center.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The proportion of participants who report that their choices and decisions are respected and supported.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The proportion of participants who report they are able to recruit and hire qualified service providers.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The number and outcome of individual budget appeals, by regional center.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The number and outcome of fair hearing appeals, by regional center.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The number of participants who voluntarily withdraw from participation in the SDS Program and a summary of the reasons why,
by regional center.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
The number of participants who are subsequently determined to no longer be eligible for the SDS Program and a summary of the reasons why, by regional center.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Identification of barriers to participation and recommendations for program improvements.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
A comparison of average annual expenditures for individuals with similar characteristics not participating in the SDS Program.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_468B4D03-0AA0-4F10-81FE-1BA51CA9A3AC">
<ns0:Num>SEC. 161.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4685.8.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4685.8 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_A36CFD8B-2A04-49D2-AE1E-0177FE8070AE">
<ns0:Num>4685.8.</ns0:Num>
<ns0:LawSectionVersion id="id_51B7D11B-E59E-43D2-A6DF-E4C9422073D9">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall implement a statewide Self-Determination Program. The Self-Determination Program shall be available in every regional center catchment area to provide participants and their families, within an individual budget, increased flexibility and choice, and greater control over decisions, resources, and needed and desired services and supports to implement their IPP. As of July 1, 2021, the program shall begin to be available on a voluntary basis to all persons eligible for regional center services who are eligible for the Self-Determination Program.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department, in establishing the statewide program, shall do both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Set targets and benchmarks as set forth in paragraph (1) of subdivision (r).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Address all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Oversight of expenditure of self-determined funds and the achievement of participant outcomes over time.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Increased participant control over which services and supports best meet the participant’s needs and the IPP objectives. A participant’s unique support system may include the purchase of existing service offerings from service providers or local businesses, hiring their own support workers, or negotiating unique service arrangements with local community resources.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Comprehensive person-centered planning, including an individual budget and services that are outcome based.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Training for persons eligible for regional center services and their family to ensure understanding of the principles of self-determination, the planning process, and the management of budgets, services, and staff.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Choice of independent facilitators, who meet standards and certification requirements
established by the department, and who can assist with the functions specified in paragraph (2) of subdivision (c).
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Choice of financial management services providers who meet standards and certification requirements established by the department, and who can carry out the functions specified in paragraph (1) of subdivision (c).
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Innovation that will more effectively allow participants to achieve their goals.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Long-term sustainability of the Self-Determination Program by doing all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Requiring IPP teams, when developing the individual budget, to determine the services, supports, and goods necessary for each
person eligible for regional center services
based on the needs and preferences of the person, and when appropriate their family; the effectiveness of each option in meeting the goals specified in the IPP; the cost effectiveness of each option, as specified in subparagraph (D) of paragraph (6) of subdivision (a) of Section 4648; and the utilization of available generic services, as defined by the department.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The department may review final individual budgets that are at or above a spending threshold determined by the department of all individual budgets and use
information from its review in the aggregate to develop additional program guidance and verify compliance with federal and state laws and other requirements.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Reduce barriers to participation and improve equity in enrollment by establishing, with community input, no later than March 1, 2027, statewide standardized processes and procedures, including, but not limited to, timelines for these processes and procedures. Input from the community shall include, but not be limited to, consultation with the department’s Lived Experience Advisory Group, individuals and families, caregivers, advocates and associations, service providers, regional centers, the State Council on Developmental Disabilities Statewide Self‑Determination Advisory Committee, and legislative staff and shall include adequate notice, or 45 days at a minimum, for the community to review and provide feedback on draft processes and procedures, with review and consideration by the
department of feedback prior to finalization for the March 1, 2027, deadline. The standardized processes and procedures shall be consistently applied by regional centers. The standardized processes and procedures shall include, but not be limited to, all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Enrollment.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Individual budgets.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Spending plans.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Financial management services.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Access to transition supports.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Financial management services” means services or functions that assist the participant to
manage and direct the distribution of funds contained in the individual budget, and ensure that the participant has the financial resources to implement their IPP throughout the year. These may include bill paying services and activities that facilitate the employment of service and support workers by the participant, including, but not limited to, fiscal accounting, tax withholding, compliance with relevant state and federal employment laws, assisting the participant in verifying provider qualifications, including criminal background checks, and expenditure reports. The financial management services provider shall meet the applicable requirements of Title 17 of the California Code of Regulations and other specific qualifications or certifications established by the department.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Independent facilitator” means a person, selected and directed by the participant, who is not otherwise providing services to the participant pursuant to their IPP
and is not employed by a person providing services to the participant. The independent facilitator may assist the participant in making informed decisions about the individual budget, and in locating, accessing, and coordinating services and supports consistent with the participant’s IPP. The independent facilitator is available to assist in identifying immediate and long-term needs, developing options to meet those needs, leading, participating, or advocating on behalf of the participant in the person-centered planning process and development of the IPP, and obtaining identified services and supports. The cost of the independent facilitator, if any, shall be paid by the participant out of the participant’s individual budget. An independent facilitator shall receive training in the principles of self-determination, the person-centered planning process, and the other responsibilities described in this paragraph at the independent facilitator’s own cost. The independent facilitator shall meet standards and
certification requirements established by the department.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Individual budget” means the amount of regional center purchase of service funding available to the participant for the purchase of services and supports necessary to implement the IPP. The individual budget shall be determined using a fair, equitable, and transparent methodology.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“IPP” means individual program plan, as described in Section 4646.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Participant” means an individual, and when appropriate, the participant’s parents, legal guardian or conservator, or authorized representative, who has been deemed eligible for, and has voluntarily agreed to participate in, the Self-Determination Program.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Self-determination” means a voluntary delivery system consisting of a defined and
comprehensive mix of services and supports, selected and directed by a participant through person-centered planning, in order to meet the objectives in their IPP. Self-determination services and supports are designed to assist the participant to achieve personally defined outcomes in community settings that promote inclusion. The Self-Determination Program shall only fund services and supports provided pursuant to this division that the federal Centers for Medicare and Medicaid Services determines are eligible for federal financial participation.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Spending plan” means the plan the participant develops to use their available individual budget funds to purchase goods, services, and supports necessary to implement their individual program plan (IPP). The spending plan shall identify the cost of each good, service, and support that will be purchased with regional center funds. The total amount of the spending plan cannot exceed the amount of
the individual budget. A copy of the spending plan shall be attached to the participant’s IPP.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Participation in the Self-Determination Program is fully voluntary. A participant may choose to participate in, and may choose to leave, the Self-Determination Program at any time. A regional center shall not require or prohibit participation in the Self-Determination Program as a condition of eligibility for, or the delivery of, services and supports otherwise available under this division. Participation in the Self-Determination Program shall be available to any person eligible for regional center services who meets the following eligibility requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The
participant has a developmental disability, as defined in Section 4512, and is receiving services pursuant to this division.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The person eligible for regional center services does not live in a licensed long-term health care facility, as defined in paragraph (44) of subdivision (a) of Section 54302 of Title 17 of the California Code of Regulations. An individual, and when appropriate the individual’s parent, legal guardian or conservator, or authorized representative, who is not eligible to participate in the Self-Determination Program pursuant to this paragraph may request that the regional center provide person-centered planning services in order to make arrangements for transition to the Self-Determination Program, provided that the
individual is reasonably expected to transition to the community within 90 days. In that case, the regional center shall initiate person-centered planning services within 60 days of that request.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The participant agrees to all of the following terms and conditions:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The participant shall receive an orientation that meets the standards set or developed by the department to the Self-Determination Program prior to enrollment, which includes the principles of self-determination, the role of the independent facilitator and the financial management services provider, person-centered planning, and development of a budget.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The participant shall utilize the services and supports available within the Self-Determination Program only when generic services and supports are not available.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The participant shall only purchase services and supports necessary to implement their IPP and shall comply with any and all other terms and conditions for participation in the Self-Determination Program described in this section.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The participant shall manage Self-Determination Program services and supports within the participant’s individual budget.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The participant shall utilize the services of a financial management services provider of their own choosing and who is vendored by a regional center and who meets the qualifications in paragraph (1) of subdivision (c).
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The participant may utilize the services of an independent facilitator of their own choosing for the purpose of providing services and functions as described in paragraph (2) of
subdivision (c). If the participant elects not to use an independent facilitator, the participant may use their regional center service coordinator to provide the services and functions described in paragraph (2) of subdivision (c).
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
If eligible, with the assistance of the regional center, if needed, timely apply for Medi-Cal in order to maximize federal funding. The participant may consider institutional deeming in order to qualify for Medi-Cal services.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A participant who is not Medi-Cal eligible may participate in the Self-Determination Program and receive self-determination services and supports if all other program eligibility requirements are met and the services and supports are otherwise eligible for federal financial participation.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The additional federal financial participation funds generated by
the former participants of the self-determination pilot projects authorized pursuant to Section 13 of Chapter 1043 of the Statutes of 1998, as amended, or pursuant to Article 4 (commencing with Section 4669.2) of Chapter 5, shall be used to maximize the ability of Self-Determination Program participants to direct their own lives and to ensure the department and regional centers successfully implement the program as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
First, to offset the cost to the department for the criminal background check conducted pursuant to subdivision (v) and other administrative costs incurred by the department in implementing the Self-Determination Program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
With the remaining funds, the department, in consultation with stakeholders, including a statewide self-determination advisory workgroup, shall prioritize the use of the funds to meet the needs of participants, increase service access
and equity, and reduce disparities, and to implement the program, including costs associated with all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Independent facilitators to assist with a participant’s initial person-centered planning meeting.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Development of the participant’s initial individual budget.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Joint training of persons eligible for regional center services, family members, regional center staff, and members of the local volunteer advisory committee established pursuant to paragraph (1) of subdivision (w).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Regional center operations to increase support for
transition to the Self-Determination Program or for caseload ratio enhancement.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
To offset the costs to the regional centers in implementing the Self-Determination Program.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
To support the Statewide Self-Determination Advisory Committee established pursuant to paragraph (2) of subdivision (w).
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If at any time during participation in the Self-Determination Program a regional center determines that a participant is no longer eligible to continue in, or a participant voluntarily chooses to exit, the Self-Determination Program, the regional center shall provide for the participant’s transition from the Self-Determination Program to other services and supports. This transition shall include the development of a new IPP that reflects the services and supports necessary to meet the individual’s needs. The regional
center shall ensure that there is no gap in services and supports during the transition period.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
An individual determined to be ineligible for or who voluntarily exits the Self-Determination Program shall be permitted to return to the Self-Determination Program upon meeting all applicable eligibility criteria and upon approval of the participant’s planning team, as described in subdivision (j) of Section 4512. An individual who has voluntarily exited the Self-Determination Program shall not return to the program for at least 12 months.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
An individual who participates in the Self-Determination Program may elect to continue to receive self-determination services and supports if the individual transfers to another regional center catchment area, provided that the individual remains eligible for the Self-Determination Program pursuant to subdivision (d). The balance of the
participant’s individual budget shall be reallocated to the regional center to which the participant transfers.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The IPP team shall utilize the person-centered planning process to develop the IPP for a participant. The IPP shall detail the goals and objectives of the participant that are to be met through the purchase of participant-selected services and supports. The IPP team shall determine the individual budget to ensure the budget assists the participant to achieve the outcomes set forth in the participant’s IPP and ensures their health and safety. The completed individual budget shall be attached to the IPP.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The participant shall implement their IPP, including choosing and purchasing the services and supports allowable under this section necessary to implement the plan. A regional center shall not prohibit the purchase of any service or support that is otherwise
allowable under this section.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
A participant shall have all the rights established in Sections 4646 to 4646.6, inclusive, and Chapter 7 (commencing with Section 4700).
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (4), the IPP team shall determine the initial and any revised individual budget for the participant using the following methodology:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Except as specified in clause (ii), for a participant who is
currently receiving services from
the regional center, their initial individual budget shall be the total amount of the most recently available 12 months of purchase of service authorizations, services authorized by the IPP team but not currently provided in a purchase of service authorization, less services paid for by the regional center outside of the self-determination program and one-time expenses. The IPP team shall discuss unmet needs for participants with no or low purchases of services.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
An adjustment may be made to the amount specified in clause (i) if both of the following occur:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The IPP team determines that an adjustment to this amount is necessary due to a change in the participant’s circumstances, needs, or resources. When adjusting the budget, the IPP team shall document the specific reason for the adjustment in the IPP.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The regional center certifies on the individual budget document that regional center expenditures for the individual budget, including any adjustment, would have occurred regardless of the individual’s participation in the Self-Determination Program.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For purposes of clauses (i) and (ii), the amount of the individual budget shall not be increased to cover the cost of the independent facilitator.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For a participant who is either newly eligible for regional center services or who does not have 12 months of services included in the current IPP, the participant’s individual budget shall be calculated as follows:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The IPP team shall identify the services and supports needed by the participant and available resources, as required by Section 4646.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The regional center shall calculate the cost of providing the services and supports to be purchased by the regional center by using the average cost paid by the regional center for each service or support unless the regional center determines that the person eligible for regional center services has a unique need that requires a higher or lower cost. The IPP team also shall document the specific reason for the adjustment in the IPP. The regional center shall certify on the individual budget document that this amount would have been expended using regional center purchase of service funds regardless of the individual’s participation in the Self-Determination Program.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For purposes
of clauses (i) and (ii), the amount of the individual budget shall not be increased to cover the cost of the independent facilitator.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The amount of the individual budget shall be available to the participant each year for the purchase of program services and supports. An individual budget shall be calculated no more than once in a 12-month period, unless revised to reflect a change in circumstances, needs, or resources of the participant using the process specified in clause (ii) of subparagraph (A) of paragraph (1).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The spending plan shall be assigned to uniform budget categories developed by the department in consultation with stakeholders and distributed according to the timing of the anticipated expenditures in the IPP and in a manner that ensures that the participant has the financial resources to implement the IPP throughout the year.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The department, in consultation with stakeholders, may develop alternative methodologies for individual budgets that are computed in a fair, transparent, and equitable manner and are based on the
characteristics and needs of the person eligible for regional center services, and that include a method for adjusting individual budgets to address a participant’s change in circumstances or needs.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
Participants may transfer funds between service codes and budget categories upon the approval of the regional center or the participant’s IPP team. The regional center shall provide timely authorizations to the participant’s financial management service.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
Consistent with the implementation date of the IPP, the IPP team shall annually ascertain from the participant whether there are any circumstances or needs that require a change to the annual individual budget.
Based on that review, the IPP team shall calculate a new individual budget consistent with the methodology identified in subdivision (m).
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department, as it determines necessary, may adopt regulations to implement the procedures set forth in this section. Any regulations shall be adopted in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1) and Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and only to the extent that all necessary federal approvals are obtained, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of program directives or similar instructions until the time regulations are adopted.
It is the intent of the Legislature that the department be allowed this temporary authority as necessary to implement program changes only until completion of the regulatory process.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
The department, in consultation with stakeholders, shall develop informational materials about the Self-Determination Program. The department shall ensure that regional centers are trained in the principles of self-determination, the mechanics of the Self-Determination Program, and the rights of
persons eligible for regional center services and families as candidates for, and participants in, the Self-Determination Program.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
Each regional center shall be responsible for implementing the Self-Determination Program as a term of its contract under Section 4629. As part of implementing the program, the regional center shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Meet the Self-Determination targets approved by the department, meet benchmarks established by the department in areas including timely enrollment, diversity of
persons served, and reduction of disparities in the individual budget of participants from racial and ethnic communities, and be eligible for incentives for exceeding these targets and benchmarks once the department has established a performance incentives program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Develop and implement an outreach and training plan about the Self-Determination program for the diverse communities served by the regional center, including in congregate settings. Information shall be provided in plain language, in alternative formats and alternative modes of communication and provide language access as required by state and federal law. Obtain input from stakeholders, including persons eligible for regional center services
and families that reflect the ethnic and language diversity of the persons eligible for regional center services at the regional center, about the effectiveness of this outreach and training and other activities that may be effective in reducing disparities in these programs.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Annually report the enrollment, individual budget data, and purchase of service expenditure data for the Self-Determination Program consistent with the criteria in subdivisions (a) to (c), inclusive, of Section 4519.5.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Assist eligible participants and their families in
applying for Medi-Cal, in order to maximize federal funding and assist interested participants who wish to pursue institutional deeming in order to qualify for Medi-Cal services.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
At least annually, in addition to annual certification, conduct an additional review of all final individual budgets for participants at the regional center that are at or above a spending threshold that is specified by the department through directive consistent with federal and state requirements. This information may be used in the aggregate to provide training, program guidance, and verify compliance with state and federal requirements.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Certify the spending plan to verify that goods and services
satisfy all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Address the individual’s desired outcomes identified in the individual program plan.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Are not available from generic services, as defined by the department.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Are eligible for federal financial participation.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Contract with local organizations that are run by persons eligible for regional center services or their families, and consult with the local volunteer advisory committee established pursuant to paragraph (1) of subdivision (w) to conduct outreach through local meetings or forums to
persons eligible for regional center services
and their families to provide information about the Self-Determination Program and to help ensure that the program is available to a diverse group of participants, with special outreach to underserved communities.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Collaborate with the local organizations that are run by persons eligible for regional center services or their families, identified in paragraph (1) to jointly conduct training about the Self-Determination Program. The regional center shall consult with the local volunteer advisory committee established pursuant to paragraph (1) of subdivision (w) in planning for the training, and the local volunteer advisory committee may designate members to represent the advisory committee at the training.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Train all service coordinators and fair hearing specialists in the principles of self-determination, the mechanics of the Self-Determination Program, and the rights of persons eligible for regional center services and families. The training shall be conducted in collaboration with the local volunteer advisory committee.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Provide payment to the financial management services provider for spending plan expenses through a not less than semi-monthly pay schedule.
</html:p>
<html:p>
(s)
<html:span class="EnSpace"/>
The financial management services provider shall provide the participant and the regional center service coordinator with a monthly individual budget
statement that describes the amount of funds allocated by budget category, the amount spent in the previous 30-day period, and the amount of funding that remains available under the participant’s individual budget.
</html:p>
<html:p>
(t)
<html:span class="EnSpace"/>
Only the financial management services provider is required to apply for vendorization in accordance with Subchapter 2 (commencing with Section 54300) of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations for the Self-Determination Program. All other service and support providers shall not be on the federal debarment list and shall have applicable state licenses, certifications, or other state required documentation, including documentation of any other qualifications required by the department, but are exempt from the vendorization requirements set forth in Title 17 of the California Code of Regulations when serving participants in the Self-Determination Program.
</html:p>
<html:p>
(u)
<html:span class="EnSpace"/>
The regional center shall pay the full costs of the participant’s financial management services provider.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
To protect the health and safety of participants in the Self-Determination Program, the department shall require a criminal background check in accordance with all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The department shall issue a program directive that identifies nonvendored providers of services and supports who shall obtain a criminal background check pursuant to this subdivision. At a minimum, these staff shall include both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Individuals who provide direct personal care services to a participant.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Other nonvendored providers of services and supports for whom a criminal
background check is requested by a participant or the participant’s financial management service.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Subject to the procedures and requirements of this subdivision, the department shall administer criminal background checks consistent with the department’s authority and the process described in Sections 4689.2 to 4689.6, inclusive.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department shall electronically submit to the Department of Justice fingerprint images and related information required by the Department of Justice of nonvendored providers of services and supports, as specified in paragraph (1), for purposes of obtaining information as to the existence and content of a record of state or federal convictions and state or federal arrests and also information as to the existence and content of a record of state or federal arrests for which the Department of Justice establishes that the person is free on bail or
on their own recognizance pending trial or appeal.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
When received, the Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to this section. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the department.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The Department of Justice shall provide a state or federal response to the department pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The department shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for persons described in paragraph (1).
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The Department of Justice shall charge a fee sufficient to cover the cost of processing the request described in this subdivision.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The fingerprints of any provider of services and supports who is required to obtain a criminal background check shall be submitted to the Department of Justice prior to employment. The costs of the fingerprints and the financial management service’s administrative cost authorized by the department shall be paid by the services and supports provider or the provider’s employing agency. Any administrative costs incurred by the department pursuant to this subdivision shall be offset by the funds specified in subdivision (g).
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
If the criminal record information report shows a criminal history, the department shall take the steps specified in Section 4689.2. The department may prohibit a provider of services and supports from becoming
employed, or continuing to be employed, based on the criminal background check, as authorized in Section 4689.6. The provider of services and supports who has been denied employment shall have the rights set forth in Section 4689.6.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The department may utilize a current department-issued criminal record clearance to enable a provider to serve more than one participant, as long as the criminal record clearance has been processed through the department and no subsequent arrest notifications have been received relative to the cleared applicant.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Consistent with subdivision (h) of Section 4689.2, the participant or financial management service that denies or terminates employment based on written notification from the department shall not incur civil liability or unemployment insurance liability.
</html:p>
<html:p>
(w)
<html:span class="EnSpace"/>
To ensure
the effective implementation of the Self-Determination Program and facilitate the sharing of best practices and training materials commencing with the implementation of the Self-Determination Program, local and statewide advisory committees shall be established as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Each regional center shall establish a local volunteer advisory committee to provide oversight of the Self-Determination Program and identify a regional center liaison to the committee. The regional center and the State Council on Developmental Disabilities shall each appoint one-half of the membership of the committee. The committee shall consist of the regional center clients’ rights advocate,
persons eligible for regional center services, family members, and other advocates, and community leaders, including a representative from a family resource center. A majority of the committee shall be persons eligible for regional center services and their family members. The committee shall reflect the multicultural diversity and geographic profile of the catchment area. The committee shall review the development and ongoing progress of the Self-Determination Program, including whether the program advances the principles of self-determination and is operating consistent with the requirements of this section, and may make ongoing recommendations for improvement to the regional center and the department. Annually, the regional center shall confirm, in writing,
that the committee meets the requirements specified in this paragraph and provide the department with the name of the staff liaison and the names of the committee members, the positions they fill on the committee, and which entity appointed them to the committee.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The State Council on Developmental Disabilities shall form a volunteer committee, to be known as the Statewide Self-Determination Advisory Committee, comprised of the chairs of the 21 local advisory committees or their designees. The council shall convene the Statewide Self-Determination Advisory Committee twice annually, or more frequently in the sole discretion of the council. The Statewide Self-Determination Advisory Committee shall meet by teleconference or other means established by the council to identify self-determination best practices, effective training materials for persons eligible for regional center services and their families, implementation concerns, systemic issues, ways to enhance the program, and recommendations regarding the most effective method for participants to learn of individuals who are available to provide services and supports. The council shall synthesize information received from the Statewide Self-Determination Advisory Committee, local advisory committees, and other sources, share the information with persons eligible for regional center services, families, regional centers, and the department, and make recommendations, as appropriate, to increase the program’s effectiveness in
furthering the principles of self-determination.
</html:p>
<html:p>
(x)
<html:span class="EnSpace"/>
The department shall annually provide the following information to the appropriate policy and fiscal committees of the Legislature:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Number and characteristics of participants, by regional center, including the number of participants who entered the program upon movement from a developmental center.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Types and amount of services and supports purchased under the Self-Determination Program, by regional center.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Range and average of individual budgets, by regional center, including adjustments to the budget to address the adjustments permitted in clause (ii) of subparagraph (A) of paragraph (1) of subdivision (m).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The number
and outcome of appeals concerning individual budgets, by regional center.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The number and outcome of fair hearing appeals, by regional center.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The number of participants who voluntarily withdraw from the Self-Determination Program and a summary of the reasons why, by regional center.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The number of participants who are subsequently determined to no longer be eligible for the Self-Determination Program and a summary of the reasons why, by regional center.
</html:p>
<html:p>
(y)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The State Council on Developmental Disabilities shall issue an interim report to the Legislature, in compliance with Section 9795 of the Government Code, no later than June 30, 2021, on the status of the Self-Determination Program authorized by this section,
barriers to its implementation, and recommendations to enhance the effectiveness of the program. The interim report shall provide an update to the program’s status, each regional center’s cap on participation and progress toward that cap, the most recent statewide and per-regional-center participant count, and the historical trend in the statewide participation count since the start of the program. The department shall assist in providing available information to the council in order to facilitate the timely issuance of the report.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The council, in collaboration with the protection and advocacy agency identified in Section 4900 and the federally funded University Centers for Excellence in Developmental Disabilities Education, Research, and Service, may work with regional centers to survey participants regarding participant satisfaction under the Self-Determination Program and, when data is available, the traditional service delivery system,
including the proportion of participants who report that their choices and decisions are respected and supported and who report that they are able to recruit and hire qualified service providers, and to identify barriers to participation and recommendations for improvement.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The council, in collaboration with the protection and advocacy agency identified in Section 4900 and the federally funded University Centers for Excellence in Developmental Disabilities Education, Research, and Service, shall issue a report to the Legislature, in compliance with Section 9795 of the Government Code, by June 30, 2023, on the status of the Self-Determination Program authorized by this section, and provide recommendations to enhance the effectiveness of the program. This review shall include the program’s effectiveness in furthering the principles of self-determination, including all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Freedom, which includes the ability of adults with developmental disabilities to exercise the same rights as all citizens to establish, with freely chosen supporters, family and friends, where they want to live, with whom they want to live, how their time will be occupied, and who supports them; and for families to have the freedom to receive unbiased assistance of their own choosing when developing a plan and to select all personnel and supports to further the life goals of a minor child.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Authority, which includes the ability of a person with a disability, or family, to control a certain sum of dollars in order to purchase services and supports of their choosing.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Support, which includes the ability to arrange resources and personnel, both formal and informal, that will assist a person with a disability to live
a life in the community that is rich in community participation and contributions.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Responsibility, which includes the ability of participants to take responsibility for decisions in their own lives and to be accountable for the use of public dollars, and to accept a valued role in their community through, for example, competitive employment, organizational affiliations, spiritual development, and general caring of others in their community.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Confirmation, which includes confirmation of the critical role of participants and their families in making decisions in their own lives and designing and operating the system that they rely on.
</html:p>
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<ns0:BillSection id="id_2F14AF82-5D02-4D23-9A79-E2F15289D401">
<ns0:Num>SEC. 162.</ns0:Num>
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Section 4686 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_A94C437A-406A-4D95-8C5C-4E786282B518">
<ns0:Num>4686.</ns0:Num>
<ns0:LawSectionVersion id="id_5093B344-F989-4B04-B2DA-8E903C1EF146">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation to the contrary, an in-home respite worker who is not a licensed health care professional but who is trained by a licensed health care professional may perform incidental medical services for persons eligible for regional center services with stable conditions, after successful completion of training as provided in this section. Incidental medical services provided by trained in-home respite workers shall be limited to the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Colostomy and ileostomy: changing bags and cleaning stoma.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Urinary catheter: emptying and changing bags and care of catheter site.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Gastrostomy: feeding, hydration, cleaning stoma, and adding medication per physician’s or nurse practitioner’s orders for the routine medication of patients with stable conditions.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In order to be eligible to receive training for purposes of this section, an in-home respite worker shall submit to the trainer proof of successful completion of a first aid course and successful completion of a cardiopulmonary resuscitation course within the preceding year.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The training in incidental medical services required under this section shall be provided by
physicians or registered nurses. Training in gastrostomy services shall be provided by a physician or registered nurse, or through a gastroenterology or surgical center in an acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, which meets California Children Services’ Program standards for centers for children with congenital gastrointestinal disorders, or comparable standards for adults, or by a physician or registered nurse who has been certified to provide training by the center.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The in-home respite agency providing the training shall develop a training protocol that shall be submitted for approval to the State Department of Developmental Services. The department shall approve those protocols that
specifically address both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A description of the incidental medical services to be provided by trained in-home respite workers.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A description of the protocols by which the training will be provided. Protocols shall include a demonstration of the following skills by the trainee:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Care of the gastrostomy, colostomy, ileostomy, or urinary catheter site.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Performance of gastrostomy tube feeding, changing bags and cleaning stoma of colostomy or ileostomy sites, and emptying and changing urinary catheter bags.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Identification of, and appropriate response to, problems and complications associated with gastrostomy care and feeding, colostomy and ileostomy care, and
care of urinary catheter sites.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Continuing education requirements.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Training by the gastroenterology or surgical center, or the certified physician or registered nurse, shall be done in accordance with the approved training protocol. Training of in-home respite workers shall be specific to the individual needs of the
person eligible for regional center services receiving the incidental medical service and shall be in accordance with orders from the treating physician or
surgeon of the person eligible for regional center services.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The treating physician or surgeon shall give assurances to the regional center that the patient’s condition is stable prior to the regional center’s purchasing incidental medical services for the person eligible for regional center services through an appropriately trained respite worker.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Prior to the purchase of incidental medical services through a trained respite worker, the regional center shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Ensure that a nursing assessment of the
person eligible for regional center services, performed by a registered nurse, is conducted to determine whether an in-home respite worker, licensed vocational nurse, or registered nurse may perform the services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Ensure that a nursing assessment of the home has been conducted to determine whether incidental medical services can appropriately be provided in that setting.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The agency providing in-home respite services shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Ensure adequate training of the in-home respite worker.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Ensure that telephone backup and emergency consultation by a registered nurse or physician is available.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Develop a plan for care
specific to the incidental medical services provided to be carried out by the respite worker.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Ensure that the in-home respite worker and the incidental medical services provided by the respite worker are adequately supervised by a registered nurse.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation to the contrary, the hourly rate for an in-home respite agency shall be increased to provide a fifty-cent ($.50) per hour wage increase and an eight-cent ($.08) per hour benefit increase for the hours the in-home respite agency is providing incidental medical services.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
To expand the availability of trained in-home respite agency staff, a regional center may reimburse the in-home respite agency up to two hundred dollars ($200) semiannually, for the provision of training pursuant to subdivision (c).
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
For purposes of this section, “in-home respite worker” means an individual employed by an agency which is vendored by a regional center to provide in-home respite services. These agencies include, but are not limited to, in-home respite services agencies, home health agencies, or other agencies providing these services.
</html:p>
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<ns0:BillSection id="id_92EE0877-9E1D-4482-A2C0-9DA54443BC95">
<ns0:Num>SEC. 163.</ns0:Num>
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Section 4686.2 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_B9CE1D4D-F994-4F76-9B11-8AF063113FF6">
<ns0:Num>4686.2.</ns0:Num>
<ns0:LawSectionVersion id="id_FD6313F5-AEB9-488E-A3BC-7713473A7C6D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation to the contrary, any vendor who provides applied behavioral analysis (ABA) services, or intensive behavioral intervention services or both, as defined in subdivision (d), shall:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Conduct a behavioral assessment of each person eligible for regional center services to whom the vendor provides these services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Design an intervention plan that shall include the service type, number of hours needed, and recommended parent participation to achieve the
goals and objectives of the person eligible for regional center services, as set forth in their individual program plan (IPP) or individualized family service plan (IFSP). The intervention plan shall also set forth the frequency at which the progress of the person eligible for regional center services shall be evaluated and reported.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Provide a copy of the intervention plan to the regional center for review and consideration by the planning team members.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation to the contrary, regional centers shall:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Only purchase ABA services or intensive behavioral intervention services that reflect evidence-based practices, promote positive social behaviors, and ameliorate behaviors that interfere with learning and social interactions.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Not purchase either ABA or intensive behavioral intervention services for purposes of providing respite, daycare, or school services.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Discontinue purchasing ABA or intensive behavioral intervention services for a
person eligible for regional center services when their treatment goals and objectives, as described under subdivision (a), are achieved. ABA or intensive behavioral intervention services shall not be discontinued until the goals and objectives are reviewed and updated as required in subparagraph (D) and shall be discontinued only if those updated treatment goals and objectives do not require ABA or intensive behavioral intervention services.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For each person eligible for regional center services,
evaluate the vendor’s intervention plan and number of service hours for ABA or intensive behavioral intervention no less than every six months, consistent with evidence-based practices. If necessary, the intervention plan’s treatment goals and objectives shall be updated and revised.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Not reimburse a parent for participating in a behavioral services treatment program.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Not deny or delay the provision of ABA or intensive behavioral intervention services for a minor
eligible for regional center services due to the lack of parent participation. A regional center shall not adopt, implement, or have in effect any policy or practice that prohibits or substantially prohibits the purchase of ABA or intensive behavioral intervention services due to the lack of parent participation. For purposes of this section, “substantially prohibits” means any policy or practice that generally prohibits a purchase of service, but includes a process for the regional center to allow exceptions.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This subdivision shall not be construed to prohibit a regional center from highlighting the benefit of parental participation, as recommended by the intervention plan.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Applied behavioral
analysis” or “ABA”
means the design, implementation, and evaluation of systematic instructional and environmental modifications to promote positive social behaviors and reduce or ameliorate behaviors that interfere with learning and social interaction.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Intensive behavioral intervention” means any form of applied behavioral analysis that is comprehensive, designed to address all domains of functioning, and provided in multiple settings for no more than 40 hours per week, across all settings, depending on the individual’s needs and progress. Interventions can be delivered in a one-to-one ratio or small group format, as appropriate.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Evidence-based practice” means a decisionmaking process that integrates the best available scientifically rigorous research, clinical expertise, and individual’s characteristics. Evidence-based practice is an approach to treatment rather than a
specific treatment. Evidence-based practice promotes the collection, interpretation, integration, and continuous evaluation of valid, important, and applicable individual- or family-reported, clinically observed, and research-supported evidence. The best available evidence, matched to circumstances and preferences of persons eligible for regional center services, is applied to ensure the quality of clinical judgments and facilitates the most cost-effective care.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Parent participation” may include, but shall not be limited to, the following meanings:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Completion of group instruction
on the basics of behavior intervention.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Implementation of intervention strategies, according to the intervention plan.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If needed, collection of data on behavioral strategies and submission of that data to the provider for incorporation into progress reports.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Participation in any needed clinical meetings.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Purchase of suggested behavior modification materials or community involvement if a reward system is used.
</html:p>
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<ns0:BillSection id="id_F73406A4-9856-46EE-A3A3-8F7C7F1D8D2F">
<ns0:Num>SEC. 164.</ns0:Num>
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Section 4686.31 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_2ECDFDD4-05DD-40F7-97B8-517DAF36DF1A">
<ns0:Num>4686.31.</ns0:Num>
<ns0:LawSectionVersion id="id_D2CE8655-090A-4AFE-A568-EFE7BC95B7A8">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Effective July 1, 2011, notwithstanding any other law or regulation to the contrary, any vendor who provides services as specified in paragraph (4) shall submit verification to the regional center for services provided to persons eligible for regional center services who are under 18 years of age and residing in the family home as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The department shall develop and post a standard form for vendors to complete and provide to the family for signature. The form shall include, but not be limited to, the name and title of the vendor, the vendor
identification number, the name of the
person eligible for regional center services, the unique client identifier, the location of the service, the date and start and end times of the service, and a description of the service provided. The form shall also include instructions for the parents or legally appointed guardians to contact the regional center service coordinator immediately if they are unable to sign the form.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The vendor shall provide the parents or legally appointed guardians of a minor eligible for regional center services with the department form to sign. The form shall be signed and dated by the parents or legally appointed guardians of a minor
eligible for regional center services and be submitted to the vendor providing services within 30 days of the month in which the services were provided.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The vendor shall submit the completed forms to the regional center together with the vendor’s invoices for the services provided.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the parents or legally appointed guardians of a minor
eligible for regional center services do not submit a form to the vendor, the vendor shall notify the regional center.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
This subdivision shall only apply to the following types of services: Behavior Analyst, Associate Behavior Analyst, Behavior Management Assistant, Behavior Technician (Paraprofessional), Behavior Management Consultant, Counseling Services, Tutor, Crisis Team-Evaluation and Behavioral Intervention, Tutor Services-Group, Client/Parent Support Behavior Intervention Training, and Parent-Coordinated Home Based Behavior Intervention Program for Autistic Children.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The failure of the parents or legally appointed guardians of a minor eligible for
regional center services to submit a verification of services to the vendor shall not be a basis for terminating or changing behavioral services to the minor eligible for regional center services. Any changes to behavioral services shall be made by the planning team of the person eligible for regional center services pursuant to Section 4512.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_7E2EF785-015E-44C9-9A40-90E2675B1255">
<ns0:Num>SEC. 165.</ns0:Num>
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Section 4688 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_6F66C97D-AC51-405A-9208-53E9303B2DB3">
<ns0:Num>4688.</ns0:Num>
<ns0:LawSectionVersion id="id_A61F8B25-D5BE-4F56-9B15-F2166AD6E2C6">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Consistent with state and federal law, the Legislature places a high priority on providing opportunities for individuals with developmental disabilities to be integrated into the mainstream life of their natural communities. In order to ensure that opportunities for integration are maximized, the procedure described in subdivision (b) shall be adopted.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Regional centers shall be responsible for expanding opportunities for the full and equal participation of persons with developmental disabilities in their local communities through, activities, that may include, but shall not be limited to, the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Outreach to, and training and education of, representatives of community service
agencies and programs, businesses, and community activity providers regarding the provision and expansion of opportunities for participation by persons eligible for regional center services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Developing a community resources list.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Providing assistance to case managers and family members on expanding community integration options for persons eligible for regional center services in the areas of work, recreation, social, community service, education, and public
services.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Developing and facilitating the use of innovative methods of contracting with community members to provide support in natural environments to
persons eligible for regional center services.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Development and facilitating the use of natural supports to enhance community participation.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Providing technical assistance to, and coordinating with, community support facilitators who will be used to provide supports to individual
persons eligible for regional center services for community participation, as needed.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Providing sources of information relevant to individuals in making informed choices about employment options. This information may include, but need not be limited to, work incentive programs for persons with developmental disabilities, access and retention of needed benefits, interactions of earned income, asset building, or other financial changes on benefits, employment programs and protections, taxpayer requirements and responsibilities, training opportunities, and information and services available through other agencies, organizations, or on the internet website.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_8F862BD8-27F9-4151-AE98-0C262F07F66A">
<ns0:Num>SEC. 166.</ns0:Num>
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Section 4688.05 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_2F98D3C6-C2CA-4CD9-BC5C-615E68EDE700">
<ns0:Num>4688.05.</ns0:Num>
<ns0:LawSectionVersion id="id_D15B7C01-C58B-4031-87AF-73DC369439CE">
<ns0:Content>
<html:p>Regional centers shall provide independent living skills services to an adult person eligible for regional center services, consistent with their individual program plan, that provide the person with functional skills training that enables
them to acquire or maintain skills to live independently in their own home, or to achieve greater independence while living in the home of a parent, family member, or other person.</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_49EC439A-1D28-4952-AC7D-99D76B8C7D88">
<ns0:Num>SEC. 167.</ns0:Num>
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Section 4688.06 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_F11FDD6C-FB87-4CA1-8B58-2A8EEC206BFD">
<ns0:Num>4688.06.</ns0:Num>
<ns0:LawSectionVersion id="id_E59E2B10-CAB1-4CF6-A5B4-9F37E3E07BA3">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Consistent with state and federal law, the Legislature recognizes the right of adults with disabilities to reside in the family home. The Legislature further recognizes that adults with developmental disabilities, and their families, may need coordinated family support services that are tailored to the unique needs of the person eligible for regional center services and that are respectful of the language, ethnicity, and culture of the family home.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department shall establish a Coordinated Family Support Services Pilot Program for adults who live with
their families. The pilot program may focus on improving equitable access to services and supports and reducing ethnic and racial disparities in purchases of services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The services provided by the Coordinated Family Support Services Pilot Program shall be flexible and tailored to assist the person eligible for regional center services to remain in the home of their family for as long as that remains the preferred living option for the person eligible for regional center services and their family.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may issue administrative program directives to ensure compliance with this section until the time regulations are adopted. It is the intent of the Legislature that the department be allowed this temporary authority as necessary to implement program changes only until completion of the regulatory process.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any regulation or administrative program directive issued pursuant to this subdivision shall include key elements of the Coordinated Family Support Services Program, including eligibility criteria, service design, and standards for vendors.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department shall collaborate with stakeholders to obtain input about key elements prior to the issuance of
regulations or administrative program directives. Stakeholders shall include, but not be limited to,
persons eligible for regional center services and family members, including those from ethnically and racially diverse backgrounds, regional centers, the protection and advocacy agency described in subdivision (i) of Section 4900, the Office of Clients’ Rights as described in Section 4433, the State Council on Developmental Disabilities, providers who deliver supported living services described in Section 4689, and providers with experience delivering services to adults living in the home of a parent or a family member, including independent living skills services described in Section 4688.05.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_70B11021-9057-4217-B0C5-C63FD1505FC2">
<ns0:Num>SEC. 168.</ns0:Num>
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Section 4688.1 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_FFC80FE1-9B83-448D-9F73-6A06DEA59433">
<ns0:Num>4688.1.</ns0:Num>
<ns0:LawSectionVersion id="id_2EAC5731-B8BB-4BE3-878C-64A8EE7A6DAF">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation to the contrary, vendors of behavior management, activity center, and adult development center day programs, social recreation programs, socialization training programs, community integration training programs, community activities support programs, creative art programs, and work activity programs shall offer an alternative senior program component focused on the needs of individuals with developmental disabilities who are over 50 years of age, at a rate not to exceed the lesser of thirty-five dollars ($35) per day or the vendor’s existing daily rate.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The alternative senior program component shall be provided at
a ratio of no more than eight
persons eligible for regional center services to one staff member.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Consistent with the intent of the Lanterman Developmental Disabilities Services Act, the alternative senior program component shall be offered within the provider’s existing vendored capacity as reflected in its program design or licensed capacity.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Effective July 1, 2009, at the time of development, review, or modification of the individual program plan of a person eligible for
regional center services, regional centers, as appropriate, shall provide information about and offer an alternative senior program. The alternative senior program shall be offered to persons eligible for regional center services who want to transition to a program component focused on the needs and interests of seniors.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Effective July 1, 2011, a regional center shall not refer any additional persons eligible for regional center services to alternative senior programs.
</html:p>
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</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_C7B82B30-D431-4B5F-9FB0-F95E69C3622A">
<ns0:Num>SEC. 169.</ns0:Num>
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Section 4688.2 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_2365F792-1381-4183-89F7-4ECFAC116039">
<ns0:Num>4688.2.</ns0:Num>
<ns0:LawSectionVersion id="id_D2D03F4B-9797-4B4D-B29D-1D96848702D7">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation to the contrary, vendors of behavior management, activity center, and adult development center adult day programs, community integration training programs, and community activities support services programs shall offer an alternative customized program component with an appropriate staffing component to meet individualized needs of persons eligible for regional center services.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The alternative customized
program component shall be offered within the provider’s existing vendored capacity, as reflected in its program design or licensed capacity.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The regional center shall fund customized programs based on the vendor’s existing rate and only fund those hours provided.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Effective July 1, 2009, at the time of development, review, or modification of the individual program plan of a person eligible for regional center services, regional centers, as appropriate, shall provide information
about and make available the customized program option.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The alternative customized program component shall be offered to individuals with developmental disabilities who want a program focused on their individualized needs and interests to develop or maintain employment or volunteer activities in lieu of their current program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Total hours of service for this alternative customized program shall range between 20 and 80 hours per month, per person, depending on the support needs of the individual.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
Effective July 1, 2011, a regional center shall not refer any additional persons eligible for regional center
services
to alternative customized programs.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_57EBAAA6-7539-4790-9B10-86C6DDF59D09">
<ns0:Num>SEC. 170.</ns0:Num>
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Section 4688.21 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_64D231D0-32BA-4812-BC7F-8299262814E1">
<ns0:Num>4688.21.</ns0:Num>
<ns0:LawSectionVersion id="id_B5F7A96A-A610-4CB9-B4FA-09BCD491672F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature places a high priority on opportunities for adults with developmental disabilities to choose and customize day services to meet their individualized needs; have opportunities to further the development and support of employment and volunteer activities; direct their services; pursue postsecondary education; establish and support paid internship program opportunities; and increase their ability to lead integrated and inclusive lives. To further these goals, a person eligible for regional center services may choose a tailored day service or vouchered community-based training service, in lieu of, or in
conjunction with, any other regional center vendored day program, look-alike day program, supported employment program, or work activity program.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A tailored day service shall include an individualized service design, as determined through the individual program plan (IPP), and developed through a person-centered planning process that reflects and maximizes individual preferences and goals, and approved by the regional center. This service design may include, but may not be limited to, the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Fewer days or hours than in the program’s approved day program, look-alike day program, supported employment program, or work activity program design.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Flexibility in the duration, location, including by remote electronic communications, and intensity of services to meet the
individualized needs of the person eligible for regional center services.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Prioritize the development or support of competitive, integrated employment, volunteer activities, or pursuit of postsecondary education; establish and support paid internship program opportunities; maximize direction of the service by persons eligible for regional center services; and increase the
ability of the person eligible for regional center services to lead an integrated and inclusive life.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The type and amount of tailored day service shall be determined through the IPP process, pursuant to Section 4646. The IPP shall contain, but not be limited to, the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A detailed description of the individualized choices and needs of the person eligible for regional center services and how these choices and needs will be met.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The type and amount of services and staffing
needed to meet the
individualized choices and needs of the person eligible for regional center services, and unique health and safety and other needs.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The staffing requirements set forth in Section 55756 of Title 17 of the California Code of Regulations and subdivision (p) of Section 4851 of this code shall not apply to a tailored day service.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Commencing July 1, 2022, until June 30, 2025, inclusive, for vendored programs wishing to offer a tailored day service option, the hourly rate for the tailored day service option shall be calculated using a base rate, defined as twice the amount of the rate model or models for “Community-Based Day, Community Only, 1:2.” The calculation of
the rate shall be as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Effective July 1, 2022, the hourly rate shall equal 80 percent of the base rate.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The rate established in subparagraph (A) shall remain in effect pending the department’s review, in coordination with stakeholders, of implementation of this section, as amended by the act that added this paragraph. The review, to be completed by June 30, 2024, shall include development of recommendations that may include, but not be limited to, modifying the scope of the service or establishing a rate model specific to the service. The department shall provide an update to the Legislature on the status of the review no later than January 10, 2024.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Commencing on July 1, 2025, for vendored programs wishing to offer a tailored day service option, the hourly rate for the tailored day service option
shall be set by the department and posted on its internet website.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The hold harmless policy defined in subdivision (d) of Section 4519.10 shall apply for vendored programs offering a tailored day service as of June 30, 2022, with an hourly rate that exceeds the rate calculated pursuant to this subdivision.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Tailored day services shall not be delivered on the same day as any other regional center vendored day program, look-alike day program, supported employment program, or work activity program unless all of the following apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A person eligible for regional center services has a plan identified in their
individual program plan for transitioning from a work activity program to competitive integrated employment, paid internship, or postsecondary education.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The transition plan is developed through a person-centered planning process that reflects and maximizes individual preferences and goals.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The duration of the delivery of tailored day services on the same day or days as a work activity program or supported employment services is no longer than six months.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The total monthly hours of tailored day services shall not exceed the number of days in the month tailored day services are authorized, multiplied by four.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The regional center shall ensure that the vendor is capable of complying with, and will comply with, the
IPP, individual choice, and health and safety needs of the person eligible for regional center services.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Effective July 1, 2011, and prior to the time of development, review, or modification of the IPP of a person eligible for regional center services, regional centers shall provide information about tailored day service to adults
eligible for regional center services. A
person eligible for regional center services may request information about tailored day services from the regional center at any time and may request an IPP meeting to secure those services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A vouchered community-based training service is defined as a service directed by a person eligible for regional center services that assists the person
in the development of skills required for competitive integrated employment, the paid internship program, participation in volunteer activities, or any combination of these, and the assistance necessary for the person eligible for regional center services to secure employment, a paid internship, or volunteer positions or pursue secondary education.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Implementation of vouchered community-based training service is contingent upon the approval of the federal Centers for Medicare and Medicaid Services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Vouchered community-based training service shall be provided in natural environments in the community, separate from the
residence of the person eligible for regional center services.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A person eligible for regional center services, parent, or conservator vendored as a vouchered community-based training service shall utilize the services of a financial management services (FMS) entity. The regional center shall provide information about available financial management services and shall assist the person eligible for regional center services in selecting a FMS vendor to act as coemployer.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A parent or conservator shall not be the direct support worker employed by the vouchered community-based training service vendor.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
If the direct support worker is required to transport the person eligible for regional center services, the vouchered community-based training service vendor shall verify that the direct support worker can transport the person eligible for regional center services safely and has a valid California driver’s license and proof of insurance.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The rate for vouchered community-based training service shall be the most recent rate posted on the department’s public internet website. The rate includes employer-related taxes and all transportation needed to implement the service, except as described in paragraph (8). The rate does not include the cost of the FMS.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
A person eligible for regional center services vendored as a vouchered community-based training service shall also be eligible for a regional center-funded bus pass, if appropriate and needed.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Vouchered community-based training service shall be limited to a maximum of 150 hours per quarter. The
services to be provided and the service hours shall be documented in the
IPP of the person eligible for regional center services.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
A direct support worker of vouchered community-based training service shall be an adult who possesses the skill, training, and experience necessary to provide services in accordance with the IPP.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Effective July 1, 2011, and prior to the time of development, review, or modification of the IPP of a person eligible for regional center services, regional centers shall provide information about vouchered community-based training service to
adults eligible for regional center services.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
The type and amount of vouchered community-based training service shall be determined through the IPP process pursuant to Section 4646. The IPP shall contain, but not be limited to, the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A detailed description of the individualized choices and needs of the person eligible for regional center services and how these choices and needs will be met.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The type and amount of services and staffing needed to meet the
individualized choices and unique health and safety and other needs of the person eligible for regional center services.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department may adopt emergency regulations for tailored day service or vouchered community-based training service. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe specific facts showing the need for immediate action. A certificate of compliance for these implementing regulations shall be filed within 24
months following the adoption of the first emergency regulations filed pursuant to this subdivision.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_5A3F2F33-301B-416E-9D36-EA7317C3324A">
<ns0:Num>SEC. 171.</ns0:Num>
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Section 4688.22 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_96D7558B-02C8-4A6C-8CAE-222DC0AA593A">
<ns0:Num>4688.22.</ns0:Num>
<ns0:LawSectionVersion id="id_A784C09D-2056-49F5-B0F4-33D57EB28661">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The Legislature places a high priority on promoting the full inclusion and independence of individuals with developmental disabilities, including through opportunities for recreation, consistent with Section 4501 and paragraphs (6) and (7) of subdivision (b) of Section 4502.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
As such, it is the intent of the Legislature for social recreation services, camping services, and nonmedical therapies, including, but not limited to, specialized recreation, art, dance, and music, to be among the services and supports within the meaning of subdivision (b) of Section 4512 and be made widely available to
persons eligible for regional center services, not only for socialization, but to lead the lives that they want in the community. It is further the intent of the Legislature that regional centers, when developing purchase-of-service policies and related procedures, and that the department, when reviewing regional center purchase-of-service policies and related procedures, reduce administrative barriers to the utilization of these services by persons eligible for regional center services to the fullest possible extent.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The regional centers shall use the following principles when purchasing social recreation services, camping services, and nonmedical therapies:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Persons eligible for regional center services shall receive services and supports in settings that are typical of those in which persons without disabilities engage in social recreation, camping, or nonmedical therapies.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The services described in this section shall promote community inclusion by providing opportunities to build ongoing relationships through or around shared interests or activities, and shall include both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Activities that directly support
the
ability of a person eligible for regional center services to participate in typical social recreation or other community activities without paid support present.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Activities that may identify or develop specific interests or skills, enable the person eligible for regional center services to engage with others around shared affinities or goals, or otherwise build informal social networks that reduce isolation, strengthen community ties, assist the
person eligible for regional center services in advancing their own interests and well-being, and can be a source of voluntary natural supports.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Regional center purchase-of-service policies and related procedures shall promote access to the services described in this section for persons eligible for regional center services who are children, for persons eligible for regional center services who experience disparities in the receipt of regional center services, and for
persons eligible for regional center services or their representatives who are unable to afford paying for services upfront and awaiting reimbursement.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Regional center purchase-of-service policies and procedures shall refer persons eligible for regional center services and their families to existing opportunities for social recreation services and camping services by funding those services directly along with the supports they may need to access them.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Regional center purchase-of-service policies and procedures related to services described in this section shall not do any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Restrict funding of the services described in this section to only those that are specialized or directed toward the alleviation of a developmental disability within the meaning of subdivision (b) of Section 4512.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Require the services described in this section to meet both a recreational and socialization need, or prohibit the purchase of one-on-one services, including private lessons.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
In order to further the legislative intent of making such services widely available to persons eligible for regional center services, generally prohibit or disfavor purchase of these services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department shall prioritize and expedite any policies, procedures, or written directives that may be necessary to facilitate regional center efforts to increase access, collect data, or track expenditures pertaining to these services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
By October 1, 2024, regional centers shall designate one or more employees to serve as a point of contact for persons eligible for regional center services, families, caregivers, and stakeholders regarding access to social recreation services, camping services, and nonmedical therapies, and any policies, procedures, or written directives related to these services. Regional centers shall
provide the department with the names and contact information of these designees by October 1, 2024, and shall provide an updated list of designees semiannually thereafter.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
By January 1, 2025, regional centers shall adopt procedures aimed at increasing the availability of vendors and expediting vendorizations accordingly. These efforts shall include procedures that enable services described in this section, including, but not limited to, nonmedical therapies, to be funded directly through participant-directed services, consistent with directives or other guidance issued by the department pursuant to subdivision (e), without the need for persons eligible for regional center services, family members, or other representatives to be reimbursed
after paying for services or supports upfront. Furthermore, payments for these services shall be aligned with the typical processes used by local businesses or community resources.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Effective July 1, 2023, a regional center shall not require a
person eligible for regional center services or family member to do any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Exhaust services under the In-Home Supportive Services program (Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9) in order for their regional center to consider funding or to authorize purchasing social recreation services, camping services, and nonmedical therapies, including, but not limited to, specialized recreation, art, dance, and music.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Exchange respite hours or any other service or support authorized by the regional center for service hours of social recreation services, camping services, or nonmedical therapies, including, but not limited to, specialized recreation, art, dance, and music, as a condition of service authorization by the regional center of social recreation services, camping services, and
nonmedical therapies.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Pay a copayment, or a similar shared pay arrangement aimed at offsetting costs, in order to receive social recreation services, camping services, or nonmedical therapies, including, but not limited to, specialized recreation, art, dance, and music.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement the provision of social recreation services, camping services, and nonmedical therapies, including, but not limited to, specialized recreation, art, dance, and music, by means of written directives or similar instructions consistent with this section, including, but not limited to, the provision of those services as participant-directed services.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
By March 1, 2025, regional center staff, including supervisors, program managers, appeals hearing specialists, and employees who are involved in developing and implementing purchase-of-service policies, shall complete training about the services described in this section. The training curriculum shall include, at a minimum, statutes, directives, and policies related to social recreation services, camping services, and nonmedical therapies, including, but not limited to, the requirements and legislative intent of this section.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
By March 1, 2025, regional centers shall make any training curriculum or materials or other information utilized as part of the training described in subparagraph (A), along with the dates that training was provided to regional center staff, available on the corresponding regional center’s internet website.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Training for appeals hearing officers, as required by subdivision (b) of Section 4712, shall include information about statutes, directives, and policies related to social recreation services, camping services, and nonmedical therapies, including, but not limited to, the requirements and legislative intent of this section.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
As part of its quarterly briefings to the Legislature pursuant to Section 4474.17, the department shall provide, at a minimum, all of the following information on the status of implementation of this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The number, subject matter, and status or outcome of complaints, received by the Office of Community Operations or by the ombudsperson, related to requests
of persons eligible for regional center services for social recreation, camp, or nonmedical therapies.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The numbers and summaries of community concerns and issues obtained by the department pertaining to regional center purchase-of-service policies and procedures regarding the services and supports described in this section. These summaries shall be itemized by regional center and shall include the dates and sources of the concerns or issues.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Trends in mediations, appeals, and hearing requests regarding the services and supports described in this section, including, but not limited to, trends related to the number of mediations and appeals by regional center, mediation outcomes, and nature of issues heard and decided on appeal.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A summary of any technical
assistance provided to regional centers or other department actions taken based on the information described in this subdivision for the purpose of ensuring and improving timely and equitable access by persons eligible for regional center services to services and supports pursuant to this section and consistent with legislative intent.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
All data reporting regarding the services described in this section, as required by paragraph (8) of subdivision (a) of Section 4519.5, including the total and per capita expenditure and authorization amounts by age, as applicable, according to race or ethnicity and preferred language, for all combined residence types and for
persons eligible for regional center services living in the family home.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_5C450598-0591-4956-AFCA-06DE0B659733">
<ns0:Num>SEC. 172.</ns0:Num>
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Section 4689 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_0E72F788-F45E-4414-9AD3-BD8E41EE0B40">
<ns0:Num>4689.</ns0:Num>
<ns0:LawSectionVersion id="id_4ACA90CC-1F58-4F74-A2D4-987C74DA768F">
<ns0:Content>
<html:p>Consistent with state and federal law, the Legislature places a high priority on providing opportunities for adults with developmental disabilities, regardless of the degree of disability, to live in homes that they own or lease with support available as often and for as long as it is needed, when that is the preferred objective in the individual program plan. In order to provide opportunities for adults to live in their own homes, the following procedures shall be adopted:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The department and regional centers shall ensure that supported living arrangements adhere to the following principles:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Persons
eligible for regional center services shall be supported in living arrangements that are typical of those in which persons without disabilities reside.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The services or supports that a person eligible for regional center services receives shall change as their needs change without the person having to move elsewhere.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The
preference
of the person eligible for regional center services shall guide decisions concerning where and with whom the person eligible for regional center services lives.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Persons eligible for regional center services shall have control over the environment within their own home.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The purpose of furnishing services and supports to a
person eligible for regional center services shall be to assist that individual to exercise choice in their life while building critical and durable relationships with other individuals.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The services or supports shall be flexible and tailored to the needs and preferences of the person eligible for regional center services.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Services and supports are most effective when furnished where a person lives and within the context of the
person’s day-to-day activities.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Persons eligible for regional center services shall not be excluded from supported living arrangements based solely on the nature and severity of their disabilities.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Regional centers may contract with agencies or individuals to assist persons eligible for regional center services in securing their own homes and to provide
persons eligible for regional center services with the supports needed to live in their own homes.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The range of supported living services and supports available include, but are not limited to, assessment of the needs of the person eligible for regional center services; assistance in finding, modifying and maintaining a home; facilitating circles of support to encourage the development of unpaid and natural supports in the community; advocacy and self-advocacy facilitation; development of employment goals; social, behavioral, and daily living skills training and support; development and provision of 24-hour emergency response systems; securing and maintaining adaptive equipment and supplies;
recruiting, training, and hiring individuals to provide personal care and other assistance, including in-home supportive services workers, paid neighbors, and paid roommates; providing respite and emergency relief for personal care attendants; and facilitating community participation. Assessment of the needs of the person eligible for regional center services may begin before 18 years of age to enable the person
to move to their own home when they reach 18 years of age.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Regional centers shall provide information and education to persons eligible for regional center services and their families about supported living principles and services.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Regional centers shall monitor and ensure the quality of services and supports provided to individuals living in homes that they own or lease. Monitoring shall take into account all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Adherence to the principles set forth in this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Whether the services and supports
outlined in the
individual program plan of the person eligible for regional center services are congruent with the choices and needs of the individual.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Whether services and supports described in the individual program plan of the person eligible for regional center services are being delivered.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Whether services and supports are having the desired effects.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Whether the
person eligible for regional center services is satisfied with the services and supports.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The planning team, established pursuant to subdivision (j) of Section 4512, for a person eligible for regional center services receiving supported living services shall confirm that all appropriate and available sources of natural and generic supports have been utilized to the fullest extent possible for that person.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Regional centers shall utilize
the same supported living provider for
persons eligible for regional center services who reside in the same domicile, provided that the particular needs of each individual person eligible for regional center services can still be met pursuant to their individual program plans.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Rent, mortgage, and lease payments of a supported living home and household expenses shall be the responsibility of the
person eligible for regional center services and any roommate who resides with the person.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A regional center may make rent, mortgage, or lease payments on a supported living home, or pay for household expenses of
persons eligible for regional center services receiving supported living services only under the following circumstances:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
If all of the following conditions are met, a regional center may make rent, mortgage, or lease payments as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The regional center executive director verifies in writing that making the rent, mortgage, or lease payments or paying for household expenses is required to meet the specific care needs unique to the individual person eligible for regional center services, as set forth in an addendum to
their individual program plan, and is required when the
demonstrated risk of homelessness, medical, behavioral, or psychiatric condition of the person eligible for regional center services presents a health and safety risk to themselves or another.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
During the time period that a regional center is making rent, mortgage, or lease payments, or paying for household expenses, the supported living services vendor shall assist the person eligible for regional center services in
accessing all sources of generic and natural supports consistent with the person’s needs.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The regional center shall not make rent, mortgage, or lease payments on a supported living home or pay for household expenses for more than six months, unless the regional center finds that it is necessary to meet the particular needs of the individual person eligible for regional center services pursuant to
their individual program plan. The regional center shall review a finding of necessity on a quarterly basis and the regional center executive director shall annually verify in an addendum to the individual program plan that the requirements set forth in subparagraph (A) continue to be met.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A regional center that has been contributing to rent, mortgage, or lease payments or paying for household expenses prior to July 1, 2009, shall at the time of development, review, or modification of
the individual program plan of a person eligible for regional center services determine if the conditions in paragraph (1) are met. If the planning team determines that these contributions are no longer appropriate under this section, a reasonable time for transition, not to exceed six months, shall be permitted.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
All paid roommates and live-in support staff in supported living arrangements in which regional centers have made rent, mortgage, or lease payments, or have paid for household expenses pursuant to subdivision (i) shall pay their share of the rent, mortgage, or lease payments or household expenses for the supported living home, subject to the requirements of Industrial Welfare Commission Order No. 15-2001 and the Housing Choice Voucher Program, as set forth in Section 1437f of Title
42 of the United States Code.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Regional centers shall ensure that the supported living services vendors’ administrative costs are necessary and reasonable, given the particular services that they are providing and the number of persons eligible for regional center services to whom the vendor provides services. Administrative costs shall be limited to allowable costs for community-based day programs, as defined in Section 57434 of Title 17 of the California Code of Regulations, or its successor.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
Regional centers shall ensure that the most cost effective of the rate methodologies is utilized to determine the negotiated rate for vendors of supported living services, consistent
with Section 4689.8 and Title 17 of the California Code of Regulations.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
For purposes of this section, “household expenses” means general living expenses and includes, but is not limited to, utilities paid and food consumed within the home.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
A supported living services provider shall provide assistance to a person eligible for regional center services who is a Medi-Cal beneficiary in applying for in-home supportive services, as set forth in Section 12300, within five days of the
person eligible for regional center services moving into a supported living services arrangement.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
For persons eligible for regional center services receiving supported living services who share a household with one or more adults receiving supported living services, efficiencies in the provision of service may be achieved if some tasks can be shared, meaning the tasks can be provided at the same time while still ensuring that each person’s individual needs are met. These tasks shall only be shared to the extent they are permitted under the Labor Code and related regulations, including, but not limited to, Industrial Welfare Commission Minimum Wage Order No. 15. The planning team, as defined in
subdivision (j) of Section 4512, at the time of development, review, or modification of an individual program plan (IPP), for housemates currently in a supported living arrangement or planning to move together into a supported living arrangement, or for persons eligible for regional center services who live with a housemate not receiving supported living services who is responsible for the task, shall consider, with input from the service provider, whether any tasks, such as meal preparation and cleanup, menu planning, laundry, shopping, general household tasks, or errands can appropriately be shared. If
tasks can be appropriately shared, the regional center shall purchase the prorated share of the activity. Upon a determination of a reduction in services pursuant to this section, the regional center shall inform the person eligible for regional center services of the reason for the determination, and shall provide a written notice of fair hearing rights pursuant to Section 4701.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
To ensure that
persons eligible for regional center services in or entering into supported living arrangements receive the appropriate amount and type of supports to meet the person’s choice and needs as determined by the IPP team, and that generic resources are utilized to the fullest extent possible, the IPP team shall complete a standardized assessment questionnaire at the time of development, review, or modification of an IPP. The questionnaire shall be used during the individual program plan meetings, in addition to the provider’s assessment, to assist in determining whether the services provided or recommended are necessary and sufficient and that the most cost-effective methods of supported living services are utilized. With input from stakeholders, including regional
centers, the department shall develop and post the questionnaire on its internet website, and, by June 30, 2012, shall provide it to the regional centers.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Supported living service providers shall conduct comprehensive assessments for the purpose of getting to know the person eligible for regional center services they will be supporting and developing a support plan congruent with the choices and needs of the individual and consistent with the principles of supported living set forth in this section and in Subchapter 19 (commencing with Section 58600) of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations. The independent assessment required by this paragraph is not intended to take the place of or repeat the service
provider’s comprehensive assessment.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Upon a determination of a reduction in services pursuant to this section, the regional center shall inform the person eligible for regional center services of the reason for the determination, and shall provide a written notice of fair hearing rights pursuant to Section 4701.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
This section does not preclude the completion of an independent assessment.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_A52AEE3F-F1CD-4CF8-A9DE-DF7CAF19ABC0">
<ns0:Num>SEC. 173.</ns0:Num>
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Section 4689.05 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_04F24FE7-C045-451C-ABF4-43C091328D87">
<ns0:Num>4689.05.</ns0:Num>
<ns0:LawSectionVersion id="id_142D70D2-9C65-4E2E-8CAF-B8E63BC546DF">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A regional center shall not purchase supportive services, as defined in Section 12300, for a person eligible for regional center services who meets the criteria to receive, but declines to apply for, in-home supportive services (IHSS) benefits, as set forth in Section 12300, except as set forth in subdivision (d).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Consistent with Section 4648, a regional center shall not purchase supported living services for a
person eligible for regional center services to supplant IHSS.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Between the date that a person eligible for regional center services applies for IHSS and the date that their application for IHSS is approved, a regional center shall not purchase supportive services for the person eligible for regional center services
at a rate that exceeds the IHSS hourly rate, which includes the IHSS provider hourly wage, the provider’s hourly payroll taxes, and the hourly administrative costs, for the county in which the person eligible for regional center services resides.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A regional center executive director may waive the requirements set forth in subdivision (a) if the executive director finds that extraordinary circumstances warrant the waiver, and that a finding is documented in an addendum to the individual program
plan of the person eligible for regional center services.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_33EE52FA-CE8E-43AC-826C-A762B5C7B3BE">
<ns0:Num>SEC. 174.</ns0:Num>
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Section 4689.1 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_D51AEAFB-E89F-4159-ADF6-9E6E4820B56F">
<ns0:Num>4689.1.</ns0:Num>
<ns0:LawSectionVersion id="id_6285A4FD-C6E7-4540-82C9-80BEF8D7E3CF">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature declares that it places a high priority on providing opportunities for adults with developmental disabilities to live with families approved by family home agencies and to receive services and supports in those settings as determined by the individual program plan. Family home agencies may offer services and supports in family homes or family teaching homes. All requirements of this section and Sections 4689.2 to 4689.6, inclusive, shall apply to a family home and a family teaching home.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, “family home” means a home that is owned, leased, or rented by, and is the family residence of, the family home provider or providers, and in which services and supports are provided to a maximum of two adults with
developmental disabilities regardless of their degree of disability, and who do not require continuous skilled nursing care.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of this section, “family teaching home” means a home that is owned, leased, or rented by the family home agency wherein the family home provider and the individual have independent residences, either contiguous or attached, and in which services and supports are provided to a maximum of three adults with developmental disabilities regardless of their degree of disability, and who do not require continuous skilled nursing care.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, “family home agency” means a private for-profit or not-for-profit agency that is vendored to do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Recruit, approve, train, and monitor family home providers.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Provide social services and in-home support to family home providers.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Assist adults with developmental disabilities in moving into approved family homes.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For purposes of ensuring that regional centers may secure high-quality services that provide supports in natural settings and promote inclusion and meaningful participation in community life for adults with developmental disabilities, the department shall promulgate regulations for family home agencies, family teaching homes, and family homes that shall include, but not be limited to, standards and requirements related to all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Selection criteria for regional centers to apply in vendoring family home agencies, including, but not limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The need for service.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The experience of the agency or key personnel in providing the same or comparable services.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The reasonableness of the agency’s overhead.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The capability of the regional center to monitor and evaluate the vendor.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Vendorization.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Operation of family home agencies, including, but not limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Recruitment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Approval of family homes.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Qualifications, training, and
monitoring of family home providers.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Assistance to persons eligible for regional center services in moving into approved family homes.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The range of services and supports to be provided.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Family home agency staffing levels, qualifications, and training.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Program design.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Program and
records of persons eligible for regional center services.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Family homes.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Rates of payment for family home agencies and approved family home providers. Regional center reimbursement to family home agencies for services in a family home shall not exceed rates established pursuant to subdivision (b) of Section 4681.5 for individuals who reside in a community care facility, as defined in Section 1502 of the Health and Safety Code, that is vendored for four beds or fewer.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The department and regional center’s monitoring and evaluation of the family home agency and approved homes, which shall be designed to ensure that services do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Conform to applicable laws and regulations and
provide for the
health and well-being of the person eligible for regional center services.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Assist the person eligible for regional center services in understanding and exercising their individual rights.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Are consistent with the family home agency’s program design and the individual program
plan of the person eligible for regional center services.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Maximize the opportunities of the person eligible for regional center services to have choices in where the person lives, works, and socializes.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Provide a supportive family home environment, available to the
person eligible for regional center services 24 hours per day, that is clean, comfortable, and accommodating to the cultural preferences, values, and lifestyle of the person eligible for regional center services.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Are satisfactory to the person eligible for regional center services, as indicated by the quality of
life
of the person eligible for regional center services, as assessed by the person, their family, and, if appointed, conservator, or significant others, or all of these, as well as by evaluation of outcomes relative to individual program plan objectives.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Monthly monitoring visits by family home agency social service staff to approved family homes and family teaching homes.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Procedures whereby the regional center and the department may enforce applicable provisions of law and regulation, investigate allegations of abuse or neglect, and impose sanctions on family home agencies and approved family homes and family teaching homes,
including, but not limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Requiring movement of a person eligible for regional center services from a family home under specified circumstances.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Termination of approval of a family home or family teaching home.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Termination of the family home agency’s vendorization.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Appeal procedures.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Each adult with developmental disabilities placed in a family home or family teaching home shall have the rights specified in this division, including, but not
limited to, the rights specified in Section 4503.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Prior to placement in a family home of an adult with developmental disabilities who has a conservator, consent of the conservator shall be obtained.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The adoption of any emergency regulations to implement this section that are filed with the Office of Administrative Law within one year of the date on which the act that added this section took effect shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_03FD0DBE-7B36-4976-8015-7F1474DFF44A">
<ns0:Num>SEC. 175.</ns0:Num>
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Section 4689.2 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_CC5C30E7-4EDE-4216-8E9E-6C9727CF9B4C">
<ns0:Num>4689.2.</ns0:Num>
<ns0:LawSectionVersion id="id_76C1CCE3-D8D7-489D-B3B2-F614047F86DB">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
It is the intent of the Legislature in enacting this section to require the filing of fingerprints of those individuals whose contact with persons eligible for regional center services receiving services and supports from family home agencies, as defined in subdivision (c) of Section 4689.1, and family homes, as defined in subdivision (b) of Section 4689.1, may pose a risk to the health and
safety of the person eligible for regional center services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
As part of the vendor approval process for family home agencies and family homes, the State Department of Developmental Services shall secure from the Department of Justice and, if applicable, the Federal Bureau of Investigation, a full criminal history to determine whether the applicant or any other person specified in subdivision (c) has ever been convicted of, or arrested for, a crime other than a minor traffic violation. If it is found that the applicant, or any other person specified in subdivision (c), has been convicted of, or is awaiting trial for, a crime other than a minor traffic violation, the vendor application shall be denied, unless the director grants an exemption pursuant to subdivision (f). If no criminal record information has been recorded, the Department of Justice shall provide the applicant and the State Department
of Developmental Services with a statement of that fact.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In addition to the applicant, this section shall be applicable to criminal convictions of the following persons:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Adults responsible for administration or direct supervision of staff.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any adult other than a person eligible for regional center services residing in the family home.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Any adult who provides assistance to the
person eligible for regional center services in dressing, grooming, bathing, or personal hygiene.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Any staff person, employee, consultant, or volunteer who has frequent and routine contact with the person eligible for regional center services. In determining who has frequent contact, any consultant or volunteer shall be exempt unless the volunteer is used to replace or supplement staff or family home personnel in providing services or supports, or both, to persons eligible for regional center services.
In determining who has routine contact, staff and employees under direct onsite supervision of the family home agency and who are not providing direct services and supports or who have only occasional or intermittent contact with persons eligible for regional center services shall be exempt.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The executive director of the entity applying for vendorization or other person serving in like capacity.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Officers of the governing body of the applicant, or other persons with a financial interest in the applicant, as determined necessary by the department by regulation. The criteria used in the development of these regulations shall be based on the person’s capability
to exercise substantial influence over the operation of the family home agency or family home.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Subsequent to vendorization, any person specified in subdivision (c) and not exempted from fingerprinting shall, as a condition to employment, residence, or presence in a family home agency or a family home, be fingerprinted and sign a declaration under penalty of perjury regarding any prior criminal convictions. The vendor shall submit these fingerprints to the Department of Justice not later than four calendar days following employment, residence, or initial presence in the family home agency or family home. These fingerprints shall be on a card provided by the State Department of Developmental Services for the purpose of obtaining a permanent set of fingerprints. If fingerprints are not submitted to the Department of Justice, as required in this section, that failure shall result in a sanction and the fingerprints
shall then be submitted to the State Department of Developmental Services for processing. Upon request of the vendor, who shall enclose a self-addressed stamped postcard for this purpose, the Department of Justice shall verify receipt of the fingerprints.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Within 30 calendar days of the receipt of the fingerprints, the Department of Justice shall notify the State Department of Developmental Services of the criminal record information, as provided in subdivision (b). If no criminal record information has been recorded, the Department of Justice shall provide the vendor and the State Department of Developmental Services with a statement of that fact within 15 calendar days of receipt of the fingerprints. If new fingerprints are required for processing, the Department of Justice shall, within 15 calendar days from the date of receipt of the fingerprints, notify the vendor that the fingerprints were illegible.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except for persons specified in paragraph (2) of subdivision (c), the vendor shall endeavor to ascertain the previous employment history of persons required to be fingerprinted under this subdivision. If it is determined by the State Department of Developmental Services, on the basis of the fingerprints submitted to the Department of Justice, that the person has been convicted of, or is awaiting trial for, a sex offense against a minor, or has been convicted for an offense specified in Section 243.4, 273a, 273d, or subdivision (a) or (b) of Section 368 of the Penal Code, or has been convicted of a felony, the State Department of Developmental Services shall notify the vendor to act immediately to terminate the person’s employment, remove the person from the family home, or bar the person from entering the family home. The State Department of Developmental Services may subsequently grant an exemption pursuant to
subdivision (f).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the conviction or arrest was for another crime, except a minor traffic violation, the vendor shall, upon notification by the State Department of Developmental Services, act immediately to do either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Terminate the person’s employment, remove the person from the family home, or bar the person from entering the family home.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Seek an exemption pursuant to subdivision (f). The State Department of Developmental Services shall determine if the person shall be permitted to remain in the family home until a decision on the exemption is rendered.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For purposes of this section or any other provision of this chapter, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo
contendere. Any action that the State Department of Developmental Services is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting the person to withdraw their plea of guilty, or dismissing the accusation, information, or indictment. For purposes of this section or any other provision of this chapter, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction. For purposes of this
section or any other provision of this chapter, the arrest disposition report certified by the Department of Justice and, if applicable, the Federal Bureau of Investigation, or documents admissible in a criminal action pursuant to Section 969b of the Penal Code, shall be prima facie evidence of the conviction, notwithstanding any other provision of law prohibiting the admission of these documents in a civil or administrative action.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
After review of the record, the Director of Developmental Services may grant an exemption from denial of vendor approval pursuant to subdivision (b), or for employment in a family home agency or family home of residence or presence in a family home as specified in subdivision (c), if the director has substantial and convincing evidence to support a reasonable belief that the applicant and the person convicted of the crime, if other than the applicant, are of such good character as to justify vendor approval or
granting an exemption for purposes of subdivision (c). Except as otherwise provided in this subdivision, an exemption shall not be granted if the conviction was for an offense specified in Section 220, 243.4, 264.1, paragraph (1) of subdivision (a) of Section 273a, Section 273d, 288, 289, or subdivision (a) or (b) of Section 368 of the Penal Code, or for another crime against an individual specified in subdivision (c) of Section 667.5 of the Penal Code. The director may grant an exemption if the employee, prospective employee, or other person identified in subdivision (c) who was convicted of a crime against an individual in paragraph (1), (2), (7), or (8) of subdivision (c) of Section 667.5 of the Penal Code,
has been rehabilitated as provided in Section 4852.03 of the Penal Code and has maintained the conduct required in Section 4852.05 of the Penal Code for at least 10 years and has the recommendation of the district attorney representing the employee’s county of residence, or if the employee, prospective employee, or other persons identified in subdivision (c) has received a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
For purposes of compliance with this section, the department may permit an individual to transfer a current criminal record clearance, as described in subdivision (b), from one family home agency or family home to another, as long as the criminal record clearance has been processed through the State Department of Developmental Services.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
If a family home agency or a family home
is required by law to deny employment or to terminate employment of any employee based on written notification from the state department pursuant to subdivision (c) the family home agency or the family home shall not incur civil liability or unemployment insurance liability as a result of that denial or termination.
</html:p>
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<ns0:BillSection id="id_44A1AFAA-4872-4FF5-AA2A-0C18C37A8895">
<ns0:Num>SEC. 176.</ns0:Num>
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Section 4689.6 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_89DC919B-5BAB-4C97-957B-64FA47A30076">
<ns0:Num>4689.6.</ns0:Num>
<ns0:LawSectionVersion id="id_E107ED77-88E3-4DF6-BEBD-CEB34FA250E0">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The State Department of Developmental Services may prohibit a vendor from employing, or continuing the employment of, or allowing in a family home, or allowing contact with any adult with a developmental disability placed in a family home by, any employee or prospective employee, who has been denied an exemption to work or to be present in a facility, when that person has been convicted of a crime, except a minor traffic violation.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The employee or prospective employee, and the vendor shall be given written notice of the basis of the department’s action and of the employee’s or prospective employee’s right to a hearing. The notice shall be served either by personal service or by registered mail. Within 15 days after the department serves the notice, the
employee or prospective employee may file with the department a written request for a hearing. If the employee or prospective employee fails to file a written request for a hearing within the prescribed time, the department’s action shall be final.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department may require the immediate exclusion of an employee or prospective employee from a family home agency or family home pending a final decision of the matter, when, in the opinion of the director, the action is necessary to protect any adult with a developmental disability placed in the family home from physical or mental abuse, abandonment, or any other substantial threat to the adult’s health and safety.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the department requires the immediate exclusion of an employee or prospective employee from a family home agency or family home, the department shall serve an order of immediate exclusion upon the employee or prospective employee that shall notify the employee or prospective employee of the basis of the department’s action and of the employee’s or prospective employee’s right to a hearing.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Within 15 days after the department serves an order of immediate exclusion, the employee or prospective employee may file a written request for a hearing with the department. The department’s action shall be final if the employee or prospective employee does not file a request for a hearing within the prescribed time. The department shall do the following upon receipt of a written request for a hearing:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Within 80 days of receipt of the request for a hearing, serve an
accusation upon the employee or prospective employee.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Within 60 days of receipt of a notice of defense by the employee or prospective employee pursuant to Section 11506 of the Government Code, conduct a hearing on the statement of issues.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
An order of immediate exclusion of the employee or prospective employee from the family home agency or family home shall remain in effect until the hearing is completed and the director has made a final determination on the merits. However, the order of immediate exclusion shall be deemed vacated if the director fails to make a final determination on the merits within 60 days after the original hearing has been completed.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An employee or prospective employee who files a written request for a hearing with the department pursuant to this section shall, as part of the
written request, provide their current mailing address. The employee or prospective employee shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The department may institute or continue a disciplinary proceeding against an employee or prospective employee upon any ground provided by this
section, or enter an order prohibiting the employee’s or prospective employee’s employment or presence in the family home agency or family home or otherwise take disciplinary action against the employee or prospective employee, notwithstanding any resignation, withdrawal of employment application, or change of duties by the employee or prospective employee, or any discharge, failure to hire, or reassignment of the employee or prospective employee by the vendor.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A vendor’s failure to comply with the department’s prohibition of employment or presence in the family home agency or family home shall be grounds for disciplining the vendor pursuant to Section 4689.4.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_4551BDB2-CA8C-44E5-ABB0-B2FA6D21A482">
<ns0:Num>SEC. 177.</ns0:Num>
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Section 4689.8 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_227D0E27-EFD6-4F3C-A276-DD13FFD2BE85">
<ns0:Num>4689.8.</ns0:Num>
<ns0:LawSectionVersion id="id_D951AA7E-E309-401A-BA81-170BF078CA0B">
<ns0:Content>
<html:p>Notwithstanding any other law or regulation, commencing July 1, 2008:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
A regional center shall not pay an existing supported living service provider, for services when rates are determined through a
negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the health or safety of the person eligible for regional center services and the department has granted prior written authorization.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A regional center
shall not negotiate a rate with a new supported living service provider, for services when rates are determined through a negotiation between the regional center and the provider, that is higher than the regional center’s median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the State Department of Developmental Services its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject
to verification through the department’s biennial fiscal audit of the regional center.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the rates in effect on June 30, 2016, for supported living services, as defined in Subchapter 19 of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.
</html:p>
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<ns0:BillSection id="id_7DB93D70-F806-4DC7-A92D-A9914F888516">
<ns0:Num>SEC. 178.</ns0:Num>
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Section 4690.2 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_938579E9-00D7-47AF-A225-B78242F5D6C6">
<ns0:Num>4690.2.</ns0:Num>
<ns0:LawSectionVersion id="id_B3EF9ACB-65CC-4D5B-BF59-B01B024F5B51">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Director of Developmental Services shall develop program standards and establish, maintain, and revise, as necessary, an equitable process for setting rates of state payment, based upon those standards, for in-home respite services purchased by regional centers from agencies vendored to provide these services. The Director of Developmental Services may promulgate regulations establishing these standards and the process to be used for setting rates. “In-home respite services” means intermittent or regularly scheduled temporary nonmedical care and supervision provided in the client’s own home or in the client’s local community,
for a regional center client who resides with a family member. These services are designed to do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Assist family members in supporting the client at home or in the client’s local community.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Provide appropriate care and supervision to ensure the client’s safety in the absence of family members.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Temporarily
relieve family members from the responsibility of caring for the client.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Attend to the client’s basic self-help needs and other activities of daily living, including interaction, socialization, and continuation of usual daily routines that would ordinarily be performed by the family members.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Attend to the client’s appropriate community integration and socialization that ordinarily would be performed by the family members.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The provisions of subdivisions (b) to (f), inclusive, of Section 4691 and subdivisions (a) to (f), inclusive, and subdivision (h) of Section 4691.5 applicable to community-based day programs, shall also apply to in-home respite service vendors for the purpose of establishing standards and an equitable process for setting rates, except:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The process specified in paragraph (4) of subdivision (a) of Section 4691.5 for increasing rates for fiscal year 1990–91 shall apply only to the administrative portion of the rate for eligible in-home respite service vendors, and the amount of funds available for this increase shall not exceed three hundred thousand dollars ($300,000) of the total amount appropriated
for rate increases. The administrative portion of the rate shall consist of the in-home respite service vendor’s allowable costs, other than those for respite worker’s salary, wage, benefits, and travel. Vendors eligible for this rate increase shall include only those in-home respite service vendors that received a deficiency adjustment in their permanent or provisional rate for fiscal year 1989–90, as specified in paragraph (4) of subdivision (a) of Section 4691.5.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In addition, a rate increase shall also be provided for fiscal year 1990–91, for the salary, wage, and benefit portion of the rate for in-home respite service vendors eligible for the increase. The amount of funds available for this rate increase is limited to the remaining funds
appropriated for this paragraph and paragraph (1) for fiscal year 1990–91. The amount of increase
that each eligible in-home respite service vendor shall receive shall be limited to the amount necessary to increase the salary, wage, and benefit portion of the rate for respite workers to five dollars and six cents ($5.06) per hour in salary and wages plus ninety-five cents ($0.95) in benefits. Vendors eligible for this increase shall include only those in-home respite service vendors whose salary, wage, and benefit portion of their existing provisional or permanent rate, as established by the department for respite workers is below the amounts specified in this paragraph, and the vendor agrees to reimburse its respite workers at no less than these amounts during fiscal year 1990–91 and thereafter. In order to establish rates pursuant to this paragraph, existing programs receiving a permanent or provisional rate shall submit to the department, the program, cost, and other information specified by the department for either the 1988 calendar year, or for the 1988–89
fiscal year. The specified information shall be submitted on forms developed by the department, not later than 45 days following receipt of the required forms from the department, after the effective date of this section. Programs that fail to submit the required information within the time specified shall have payment of their permanent or provisional rate suspended until the required information has been submitted.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Effective July 1, 1990, and pursuant to the rate methodology developed by the department, the administrative portion and the salary, wage, and benefit portion of the rates for in-home respite service vendors currently receiving a provisional or permanent rate shall be combined and paid as a single rate.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Rate increases for fiscal year 1990–91 shall be limited to those specified in paragraphs (1) and (2). For fiscal year 1991–92 and all succeeding fiscal years, the provisions of subdivision (c) of Section 4691, which specify that any rate increases shall be subject to the appropriation of sufficient funds in the Budget Act, shall also apply to rates for in-home respite service vendors.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For the 1998–99 fiscal year, an in-home respite service vendor shall receive rate increases pursuant to subdivision (e) of Section 4691.5. Any rate increase shall be subject to the appropriation of funds pursuant to the Budget Act.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The rate methodology developed by the department may include a supplemental amount of reimbursement for travel costs of respite workers using their private vehicles to and from and between respite
sites. The supplemental amount shall be the minimum rate for travel reimbursement for state employees.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In accordance with paragraph (5) of subdivision (b) of Section 4629.5, each regional center shall include on its internet website the purchase of service policies. For respite services, a regional center shall also include any procedures and assessment tools used by the regional center to determine the level of services needed by each
person eligible for regional center services.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_9DFF7EFE-02F2-4366-918A-45BE2AC955DC">
<ns0:Num>SEC. 179.</ns0:Num>
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Section 4690.4 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_9EB5CD4B-4CBC-4AAD-8856-817509CDF87A">
<ns0:Num>4690.4.</ns0:Num>
<ns0:LawSectionVersion id="id_FC3D0D57-65B0-4F48-8819-D6BE3326CAE7">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Sections 4690.2, 4691, and 4691.5, which relate to in-home respite service agencies and community-based day programs, shall apply in the 1998–99 fiscal year with the following exceptions:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The 1997–98 fiscal year allowable costs and attendance of persons eligible for regional center services data submitted to the department by September 30, 1998, shall not be utilized by the department to determine a new mean rate and allowable range of rates, pursuant to regulations, but may be used only in developing a new rate system.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The allowable range of rates and mean rate established for the 1997–98 fiscal year shall be continued.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The rate for new programs shall be the mean rate determined for the same type of program and staff-to-person eligible for regional center services ratio for the 1997–98 fiscal year.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department shall, in consultation with stakeholder organizations, develop
performance-based services for persons eligible for regional center outcome rate systems for community-based day programs and in-home respite services. If rates for community-based day programs are increased in the 1998–99 fiscal year pursuant to paragraphs (1) to (3), inclusive, of subdivision (e) of Section 4691.5, and rates for in-home respite services are increased in the 1998–99 fiscal year pursuant to paragraph (5) of subdivision (b) of Section 4690.2, as added by the act adding this section to the Welfare and Institutions Code, then effective September 1, 1998, and until such time as the new rate systems are implemented, or unless funds are otherwise appropriated for rate adjustments, rates shall be frozen.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_734BF8BD-0CA5-4BF7-ADBF-E43238E9B114">
<ns0:Num>SEC. 180.</ns0:Num>
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Section 4690.7 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_BA167FF2-B895-4DEC-8BB6-2BF47AD9E6B5">
<ns0:Num>4690.7.</ns0:Num>
<ns0:LawSectionVersion id="id_DCF1F85D-F524-443D-84A2-AD24E630C2B8">
<ns0:Content>
<html:p>A provider of nonresidential services, as defined in paragraph (49) of subdivision (a) of Section 54302 of Title 17 of the California Code of Regulations, may utilize Alternative Nonresidential Services, as authorized in the department’s Directive 01-083120 (August 31, 2020), if needed, to meet the service needs of a person eligible for regional center services, until December 31, 2022. When providing services to
persons eligible for regional center services, providers shall be creative, resourceful, and make modifications as needed to how existing services are delivered. Any Alternative Nonresidential Services used shall be responsive to the current needs of each person eligible for regional center services, and be mindful of the importance of safety during the COVID-19 pandemic, including compliance with applicable state and local health orders and licensing requirements.</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_5DCFC241-BC24-4E6E-9CBA-466503EC4137">
<ns0:Num>SEC. 181.</ns0:Num>
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Section 4691.6 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_92E7CEB1-9F9E-4EE2-A176-95CFDA377A51">
<ns0:Num>4691.6.</ns0:Num>
<ns0:LawSectionVersion id="id_EEEDAA78-ADA1-4E52-968B-579A98348086">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, commencing July 1, 2006, the community-based day program, work activity program, and in-home respite service agency rate schedules authorized by the department and in operation June 30, 2006, shall be increased by 3 percent, subject to funds specifically appropriated for this increase in the Budget Act of 2006. The increase shall be applied as a percentage, and the percentage shall be the same for all providers. Any subsequent increase shall be governed by subdivisions (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), and (l), and Section 4691.9.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, the department shall not establish any permanent payment rate for a community-based day program or in-home respite
service agency provider that has a temporary payment rate in effect on June 30, 2008, if the permanent payment rate would be greater than the temporary payment rate in effect on or after June 30, 2008, unless the regional center demonstrates to the department that the permanent payment rate is necessary to protect the health or safety of the person eligible for regional center services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, neither the department nor any regional center shall approve any program design modification or revendorization for a community-based day program or in-home respite service agency provider that would result in an increase in
the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the program design modification or revendorization is necessary to protect the health or safety of persons eligible for regional center services and the department has granted prior written authorization.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, the department shall not approve an anticipated rate adjustment for a community-based day program or in-home respite service agency provider that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the anticipated rate adjustment is necessary to
protect the health or
safety of persons eligible for regional center services.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, except as set forth in subdivisions (f) and (i), the department shall not approve any rate adjustment for a work activity program that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the rate adjustment is necessary to protect the
health and safety of the person eligible for regional center services and the department has granted prior written authorization.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, commencing January 1, 2017, the department may approve rate adjustments for a work activity program that demonstrates to the department that the rate adjustment is necessary in order to pay employees who, prior to January 1, 2017, were being compensated at a wage that is less than the minimum wage established on and after January 1, 2017, by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016. The rate adjustment pursuant to this subdivision shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased
state minimum wage, and shall not constitute a general wage enhancement for employees paid above the increased minimum wage.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, commencing January 1, 2017, community-based day program and in-home respite services agency providers with temporary payment rates set by the department may seek unanticipated rate adjustments from the department due to the impacts of the increased minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016. The rate adjustment shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not constitute a general wage enhancement for employees paid above the increased minimum wage.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Notwithstanding any other law or
regulation, commencing January 1, 2015, the in-home respite service agency rate schedule authorized by the department and in operation December 31, 2014, shall be increased by 5.82 percent, subject to funds specifically appropriated for this increase for costs due to changes in federal regulations implementing the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.). The increase shall be applied as a percentage, and the percentage shall be the same for all applicable providers.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, commencing July 1, 2015, the department may approve rate adjustments for a work activity program that demonstrates to the department that the rate adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three
days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, commencing July 1, 2015, community-based day program and in-home respite services agency providers with temporary payment rates set by the department may seek unanticipated rate adjustments from the department if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated
with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the in-home respite service agency rate schedule authorized by the department and in operation June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the independent living service rate schedule authorized by the department and in operation June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a
percentage, and the percentage shall be the same for all providers.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_78066390-0DBA-4E8F-BE1F-36215C5FBEA5">
<ns0:Num>SEC. 182.</ns0:Num>
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Section 4691.9 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_3D0D19D3-CB48-45F4-BD4E-10B00AE9F3A4">
<ns0:Num>4691.9.</ns0:Num>
<ns0:LawSectionVersion id="id_0FA800FA-389A-4260-973F-922F8F1D9864">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, commencing July 1, 2008:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A regional center shall not pay an existing service provider, for services when rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the
health or safety of the person eligible for regional center services and the department has granted prior written authorization.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A regional center shall not negotiate a rate with a new service provider, for services when rates are determined through a negotiation between the regional center and the provider, that is higher than the regional center’s median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a
designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the State Department of Developmental Services its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the department’s biennial fiscal audit of the regional center.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a), commencing January 1, 2017, regional centers may negotiate a rate adjustment with providers regarding rates if the adjustment is necessary in order to pay employees no less than the minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016, and only for the purpose of adjusting payroll costs associated with the minimum wage increase. The rate adjustment shall be specific to the unit of service designation that is affected by the increased minimum wage, shall be specific to payroll
costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not be used as a general wage enhancement for employees paid above the increased minimum wage. Regional centers shall maintain documentation on the process to determine, and the rationale for granting, any rate adjustment associated with the minimum wage increase.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, commencing January 1, 2015, rates for personal assistance and supported living services in effect on December 31, 2014, shall be increased by 5.82 percent, subject to funds specifically appropriated for this increase for costs due to changes in federal regulations implementing the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.). The increase shall be applied as a percentage, and the percentage shall be the same for all applicable providers. As
used in this subdivision, both of the following definitions shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Personal assistance” is limited only to those services provided by vendors classified by the regional center as personal assistance providers, pursuant to the miscellaneous services provisions contained in Title 17 of the California Code of Regulations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Supported living services” are limited only to those services defined as supported living services in Title 17 of the California Code of Regulations.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a), commencing July 1, 2015, regional centers may negotiate a rate adjustment with existing service providers for services for which rates are determined through negotiation between the regional center and the provider, if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of
Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, rates for transportation services in effect on June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage to existing rates, and the percentage shall be the same for all applicable providers.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall not apply to those
services for which rates are determined by the State Department of Health Care Services, or the State Department of Developmental Services, or are usual and customary.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_4B63E69D-0CA2-4372-8E99-10C523CA8512">
<ns0:Num>SEC. 183.</ns0:Num>
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Section 4691.10 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_27A98692-112D-4861-8CDD-26045D046521">
<ns0:Num>4691.10.</ns0:Num>
<ns0:LawSectionVersion id="id_F9B875CC-10E7-4623-9B1E-FA22BC3E59D8">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1) Notwithstanding any other law or regulation, and to the extent funds are appropriated in the annual Budget Act for this purpose, the department shall provide a rate increase for the purpose of enhancing wages and benefits for staff who spend a minimum of 75 percent of their time providing direct services to persons eligible for regional center services. The department shall not allocate more than one hundred sixty-nine million five hundred thousand dollars ($169,500,000) of the amount appropriated in the act that added this section for this purpose, plus any associated matching funds. The rate increase shall only
apply to services for which rates are set by the department or through negotiations between the regional centers and service providers, and to the rates paid for supported employment services, as specified in subdivisions (a) and (b) of Section 4860, and vouchered community-based services, as specified in paragraph (7) of subdivision (c) of Section 4688.21. This section shall not apply to those services for which rates are determined by other entities, including, but not limited to, the State Department of Health Care Services or the State Department of Social Services, or are usual and customary.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the purposes of this subdivision, “direct services” are services, supports, care, supervision, or assistance provided by staff directly to a person eligible for regional
center services to address
their needs, as identified in the individual program plan, and include staff’s participation in training and other activities directly related to providing services to persons eligible for regional center services, as well as program preparation functions as defined in Section 54302 of Title 17 of the California Code of Regulations. State employees participating in the Community State Staff Program are ineligible for the wage increase described in this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The rate increase specified in subdivision (a) shall be implemented in the following manner:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
With regional center participation, the department shall conduct a survey of a
random sample of service providers in each service category eligible for the rate increase. The survey shall request information regarding all of the following and shall be returned to the regional center and department by April 15, 2016:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Number of employees who spend a minimum of 75 percent of their time providing direct services to persons eligible for regional center services and their total salary, wage, and benefit costs.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Administrative costs as specified in subdivision (b) of Section 4629.7, including the number of employees and total salary, wage, and benefit costs associated with those administrative costs.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Any other staff and their total salary, wage, and benefit costs that are not included in either subparagraph (A) or (B).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Any other costs to the provider, other than the costs described in subparagraphs (A) to (C), inclusive.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Any additional information, as requested by the department, to assist in the determination of rate increases.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The vendoring regional center shall certify that, to the best of its knowledge, the survey results accurately reflect the services provided by each surveyed service provider. The results from the survey shall be used by the department to determine the rate increase to be applied, by service category. The rate increase shall be the same for all eligible providers in each service category and is intended to provide comparable increases across service categories
for staff providing direct services as described in subdivision (a).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
By July 1, 2016, utilizing the data derived from paragraph (1), the department shall do both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
For those service providers whose rates are set by the department, notify those providers and the associated regional centers of the amount by which the rates are to be increased.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For those service providers whose rates are set by negotiation with the regional center, notify the regional center of the amount by which the rates are to be increased.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
With regional center participation, the department shall conduct a survey, in a format determined by the department, of all providers who received the rate increase described in subdivision (a). Providers shall submit
the completed survey to the department by October 1, 2017. The survey shall request information on how the rate increase was used by providers and shall include, but is not limited to, the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Number of employees and their salary, wage, and benefit costs, and increases provided as a result of this subdivision.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Percentage of time each employee spends providing direct services.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Administrative expenses, consistent with subdivision (b) of Section 4629.7.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Any additional information as determined by the department.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Providers granted a rate increase pursuant to this section shall maintain documentation, subject to audit by the department or regional center, that the
rate increase was used solely to increase wages, salaries, and benefits of eligible staff members spending a minimum of 75 percent of their time providing direct services to persons eligible for regional center services.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The rate increases calculated by the department pursuant to this section shall be effective July 1, 2016, and implemented as described in subdivision (b).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Any provider that fails to report the information required by paragraph (4) of subdivision (b) to the department by October 1, 2017, shall forfeit the increases described in subdivision (a).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
In its 2017–18 May Revision fiscal estimate,
the department shall describe the implementation of the increases provided pursuant to this section.
</html:p>
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<ns0:BillSection id="id_0D891C32-C9CE-4F8A-9B50-72C634662764">
<ns0:Num>SEC. 184.</ns0:Num>
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Section 4694 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_CE98A61C-A202-4902-8BCB-9FC4554C53D4">
<ns0:Num>4694.</ns0:Num>
<ns0:LawSectionVersion id="id_26B8F2B7-171B-4182-B912-D2B6D3FAAB63">
<ns0:Content>
<html:p>Commencing July 1, 2006, all regional center vendors who are qualified providers under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.) and are serving individuals enrolled under the Home- and Community-based Services Waiver program for persons with developmental disabilities, shall ensure that billing information provided to regional centers identifies each individual person eligible for regional center services and, for each person eligible for
regional center services,
the specific dates of service, location of service, service unit, unit costs, and other information necessary to support billing under the home- and community-based services waiver. Regional centers shall also ensure that their contractual and other billing and payment arrangements with providers require the provision of any information necessary to support billing under the Home- and Community-based Services Waiver program. Resources provided to regional centers, pursuant to the Budget Act of 2006 and following budgets, to implement this provision shall be allocated to the regional centers only until implementation of a statewide electronic data system that collects the billing information necessary to support billing under the Home- and Community-based Services Waiver program.</html:p>
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<ns0:BillSection id="id_C8218869-4F4D-4B73-ACE9-2EDDAD819E4F">
<ns0:Num>SEC. 185.</ns0:Num>
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Section 4695.2 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_B43D7B0E-2D2C-4F56-9ECF-40DACB9DE72F">
<ns0:Num>4695.2.</ns0:Num>
<ns0:LawSectionVersion id="id_FC050EA1-50FB-4BC2-A18C-544199157DFD">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Each direct care staff person employed in a licensed community care facility that receives regional center funding shall be required to satisfactorily complete two 35-hour competency-based training courses approved, after consultation with the Community Care Facility Direct Care Training Work Group, by the department or pass a department-approved competency test for each of the 35-hour training segments. Each direct care staff person to whom this subdivision applies shall demonstrate satisfactory completion of the competency-based training by passing a competency test applicable to that training segment.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Each direct care staff person employed prior to January 1, 2001, in a licensed community care facility that receives regional center funding shall
satisfactorily complete the first required competency-based training course or pass a department-approved competency test applicable to that training segment by January 1, 2002, and satisfactorily complete the second competency-based training course or pass a department-approved competency test applicable to that training segment by January 1, 2003.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Each direct care staff person whose employment in a licensed community care facility that receives regional center funding commences on or after January 1, 2001, shall satisfactorily complete the first required competency-based training course or pass a department-approved competency test applicable to that training segment within one year from the date the staff person was hired, and satisfactorily complete the second competency-based training course or pass a department-approved competency test applicable to that training segment within two years from the date the person was hired.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A direct care staff person who does not comply with this section may not continue to provide direct care to persons eligible for regional center services in a licensed community care facility that receives regional center funding, unless otherwise approved by the department pursuant to conditions for a waiver specified in regulations adopted pursuant to subdivision (e).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department shall adopt emergency regulations in order to implement this section. These regulations may include, but are not limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Requirements for satisfactory completion of the 70 hours of direct care staff
training.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Provisions for enforcement of training requirements.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Continuing education requirements beyond the initial 70 hours of required training.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Provisions for waiving staff training and competency testing requirements, provided that waivers shall not adversely impact the health and safety of persons eligible for regional center services living in licensed community care facilities that receive regional center funding.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The emergency regulations adopted by the department pursuant to subdivision (e) shall be in accordance with the
Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The initial adoption of emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Initial emergency regulations and the first readoption of those regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations and shall remain in effect for no more than 180 days.
</html:p>
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<ns0:BillSection id="id_CF638765-7F06-4A04-8448-AD397BCE6E90">
<ns0:Num>SEC. 186.</ns0:Num>
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Section 4696.1 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_E25DDB64-2A5E-4861-87B7-958930C8FEA5">
<ns0:Num>4696.1.</ns0:Num>
<ns0:LawSectionVersion id="id_98652048-F99C-49E1-BEF1-FFEF05AEFB9C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares that improved cooperative efforts between regional centers and county mental health agencies are necessary in order to achieve each of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Increased leadership, communication, and organizational effectiveness between regional centers and county mental health agencies.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Decreased costs and minimized fiscal risk in serving persons who are dually diagnosed with mental illness and developmental disabilities.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Continuity of services.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Improved quality of mental health outcomes for persons who are dually
diagnosed.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Optimized utilization of agency resources by building on the strengths of each organization.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Timely resolution of conflicts.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In order to achieve the outcomes specified in subdivision (a), by July 1, 1999, each regional center and county mental health agency shall develop a memorandum of understanding to do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Identify staff who will be responsible for all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Coordinate service activity between the two agencies.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Identify
persons eligible for regional center services who are dually diagnosed and of mutual concern.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Conduct problem resolution for persons eligible for regional center services who are serviced by both systems.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Develop a general plan for crisis intervention for persons served by both systems. The plan shall include after-hours emergency response systems, interagency notification guidelines, and followup protocols.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Develop a procedure by which each
person eligible for regional center services who is dually diagnosed shall be the subject of a case conference conducted jointly by both regional center staff and county mental health as soon as possible after admission into a county operated or contracted acute, inpatient mental health facility. The case conference shall confirm the diagnosis and the treatment plan.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Develop a procedure by which planning for a person eligible for regional center services who is dually diagnosed and who is admitted to a mental health inpatient facility shall be conducted collaboratively by both the regional center and the local mental health agency and shall commence as soon as possible or as deemed
appropriate by the treatment staff. The discharge plan shall include subsequent treatment needs and the agency responsible for those services.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Develop a procedure by which regional center staff and county mental health staff shall collaborate to plan and provide training to community service providers, including day programs, residential facilities, and intermediate care facilities, regarding effective services to persons who are dually diagnosed. This training shall include crisis prevention with a focus on proactively recognizing crisis and intervening effectively with persons eligible for regional center services who are dually diagnosed.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Develop a procedure by which the
regional center and the county mental health agency shall work toward agreement on a
person-by-person basis on the presenting diagnosis and medical necessity, as defined by regulations of the State Department of Health Care Services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department and the State Department of Health Care Services shall collaborate to provide a statewide perspective and technical assistance to local service regions when local problem resolution mechanisms have been exhausted and state level participation has been requested by both local agencies.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The director of the local regional center and the director of the county mental health agency or their designees shall meet as needed but no less than annually to do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Review the effectiveness of the interagency collaboration.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Address
any outstanding policy issues between the two agencies.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Establish the direction and priorities for ongoing collaboration efforts between the two agencies.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Copies of each memorandum of understanding shall be forwarded to the State Department of Developmental Services upon completion or whenever amended. The department shall make copies of the memorandum of understanding available to the public upon request.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
By May 15 of each year, the department shall provide all of the following information to the Legislature:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The status of the memorandums of understanding developed jointly by each regional center and the county mental health agency and identify any barriers to meeting the outcomes specified in this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The availability of mobile crisis intervention services, including generic services, by regional center catchment area, including the names of vendors and rates paid.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A description of each regional center’s funded emergency housing options, including the names and types of vendors, the number of beds and rates, including, but not limited to, crisis emergency group homes, crisis beds in a regular group home, crisis foster homes, motel or hotel or psychiatric facility beds, and whether each emergency housing option serves minors or adults and whether it is physically accessible.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_B85A2261-1787-4BE4-A208-7E402E47232D">
<ns0:Num>SEC. 187.</ns0:Num>
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Section 4696.3 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_859D502A-EEDB-4AC0-8936-93C006B2EA68">
<ns0:Num>4696.3.</ns0:Num>
<ns0:LawSectionVersion id="id_787570F2-6BDC-44AF-AC09-BDFAD1A9CE0F">
<ns0:Content>
<html:p>A regional center shall notify the clients’ rights advocate, as described in Section 4433, of all persons eligible for regional center services placed on an involuntary psychiatric hold or in a Lanterman-Petris-Short conservatorship pursuant to Section 5250, 5260, 5270.10, 5300, or 5350.</html:p>
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<ns0:BillSection id="id_8BF8ABA1-3DD9-4B59-8A6A-18D04516FCF7">
<ns0:Num>SEC. 188.</ns0:Num>
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Section 4697 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_8A045403-1179-48FD-AB5D-513751890E0C">
<ns0:Num>4697.</ns0:Num>
<ns0:LawSectionVersion id="id_AEE1FDD4-12ED-470A-9F2B-CC86569E4E95">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The methods of establishing rates of payment for providers of services and supports to persons with developmental disabilities in the community should reflect the actual costs of ensuring high quality and stable services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
State law and regulations should reflect the type and design of community-based services and supports necessary to best meet the needs and choices of individuals with developmental disabilities and their families.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The licensing, vendoring, and monitoring of service and support providers is necessary to ensure the safety and satisfaction of
persons eligible for regional center services
and should be achieved in a manner that is respectful of the privacy and choices of persons eligible for regional center services, responsive to persons eligible for regional center services and families, minimizes complexity and duplication, fosters partnership between state agencies and regional centers and provider in the delivery of high-quality services and supports, and respond swiftly to
protect the rights and health of
persons eligible for regional center services.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
System stakeholders must work collaboratively and continuously to ensure that the design, funding methodology, and monitoring of the service and support delivery system reflects the values and goals of those served.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
It is the intent of the Legislature that the State Department of Developmental Services facilitate joint meetings between system stakeholders, as appropriate, to review the service delivery system and make recommendations for change when desirable. The efforts may include, but are not limited to:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The process by which regional centers vendor providers of services and supports and make recommendations for changes to improve the quality of services and supports and choices of
persons eligible for regional center services and families in selecting providers.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Ratesetting methodologies and recommendations to maximize cost-effectiveness while emphasizing quality, variety, and flexibility in the delivery of services and supports.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The various monitoring and oversight functions of state and local agencies and recommendations for improving effectiveness and minimizing duplication.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B1B1AA18-1A9A-4E0E-843A-86E2C55B0284">
<ns0:Num>SEC. 189.</ns0:Num>
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Section 4698 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_F2737242-0360-43C1-BCAE-389B5A997D8D">
<ns0:Num>4698.</ns0:Num>
<ns0:LawSectionVersion id="id_257F87A3-11F6-4F91-87B1-B27183125C44">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Community crisis home” means a facility certified by the State Department of Developmental Services pursuant to this article, and licensed by the State Department of Social Services, pursuant to Article 9.7 (commencing with Section 1567.80) of Chapter 3 of Division 2 of the Health and Safety Code, as an adult residential facility or a group home providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center services and in need of crisis intervention services who would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center or Sonoma Developmental Center, a State Department of Developmental Services-operated facility, an out-of-state placement, a general acute hospital, an acute psychiatric hospital, or an
institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5. A community crisis home shall have a maximum capacity of eight persons eligible for regional center services. No more than one-third of community crisis homes may exceed a capacity of six persons eligible for regional center services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Person eligible for regional
center services” or “client” means an individual who has been determined by a regional center to meet the eligibility criteria of Section 4512 and applicable regulations and for whom the regional center has accepted responsibility.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The State Department of Developmental Services, using community placement plan funds, shall establish community-based residential options consisting of community crisis homes for adults and community crisis homes for children. The community crisis homes shall serve individuals who meet all of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The child or adult has one or more developmental disabilities.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The child or adult receives regional center services.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The child or adult requires
crisis intervention services.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The child or adult would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center or Sonoma Developmental Center, a State Department of Developmental Services-operated facility, an out-of-state placement, a general acute hospital, an acute psychiatric hospital, or an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The State Department of Developmental Services may issue a certificate of program approval to a community crisis home qualified pursuant to this article.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A community crisis home using delayed egress devices may utilize secured perimeters in compliance with Section 1531.15 of the Health and Safety Code and applicable regulations. The total number of community crisis beds using
delayed egress devices in combination with secured perimeters shall not exceed 20 percent of the statewide limit established in subdivision (k) of Section 1531.15 of the Health and Safety Code. A community crisis home that uses delayed egress devices in combination with secured perimeters shall not have more than six beds.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A community crisis home shall not be licensed by the State Department of Social Services until the certificate of program approval, issued pursuant to this article by the State Department of Developmental Services, has been received.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A community crisis home shall be certified only if approved through a regional center community placement plan pursuant to Section 4418.25. Each home shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations. The home shall be eligible for federal Medicaid home- and community-based services
funding, unless the State Department of Developmental Services approves the use of delayed egress devices with secured perimeters to be utilized at the community crisis home pursuant to Section 1531.15 of the Health and Safety Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A
person eligible for regional center services shall not be placed in a community crisis home unless the program is certified by the State Department of Developmental Services, pursuant to this article, and the facility is licensed by the State Department of Social Services, pursuant to Article 9.7 (commencing with Section 1567.80) of Chapter 3 of Division 2 of the Health and Safety Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A certificate of program approval, issued pursuant to this article by the State Department of Developmental Services, shall be a condition of licensure for the community crisis home by the State Department of Social Services, pursuant to Article 9.7 (commencing with Section 1567.80) of Chapter 3 of Division 2 of the Health and Safety Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Community crisis homes shall exceed the minimum requirements for a Residential Facility Service Level 4I
pursuant to Sections 56004 and 56013 of Title 17 of the California Code of Regulations, and shall meet all applicable statutory and regulatory requirements for facility licensing, the use of behavior modification interventions, and seclusion and restraint, including Division 1.5 (commencing with Section 1180) of the Health and Safety Code, and that are applicable to facilities licensed as adult residential facilities.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Community crisis homes shall have a facility program plan approved by the State Department of Developmental Services. The facility program plan approved by the State Department of Developmental Services shall be submitted to the State Department of Social Services for inclusion in the facility plan of operation, pursuant to Section 1567.84 of the Health and Safety Code.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
No later than March 1, 2020, the department shall develop guidelines regarding the use of
restraint or containment in community crisis homes, which shall be maintained in the facility program plan and plan of operation. In the development of these guidelines, the department shall consult with both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The appropriate professionals regarding the use of restraint or containment in community crisis homes.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The protection and advocacy agency described in subdivision (i) of Section 4900 regarding appropriate safeguards for the protection of clients’ rights.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The requirements of paragraph (1) shall not apply to community crisis homes that are certified and licensed prior to March 1, 2020, or prior to the adoption of the guidelines required in paragraph (1), whichever is sooner. However, these homes shall meet the requirements of paragraph (1) no later than 30 days following adoption of
the guidelines.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A community crisis home shall include in its facility program plan a description of how it will ensure physical restraint or containment will not be used as an extended procedure in accordance with this section, subdivision (h) of Section 1180.4 of the Health and Safety Code, and any other applicable law or regulation.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The local regional center and
the regional center of each person eligible for regional center services shall have joint responsibility for monitoring and evaluating the provision of services in the community crisis home. Monitoring shall include at least monthly face-to-face, onsite case management visits with each person eligible for regional center services by their regional center and at least quarterly quality assurance visits by the vendoring regional center. The State Department of
Developmental Services shall monitor and ensure the regional centers’ compliance with their monitoring responsibilities.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The regional center of a person eligible for regional center services shall also notify the clients’ rights advocate of each community crisis home admission. Unless the
person eligible for regional center services objects on their own behalf, the clients’ rights advocate may participate in developing the plan to transition the person eligible for regional center services to their prior residence or an alternative community-based residential setting with needed services and supports.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The State Department of Developmental Services shall establish by regulation a rate methodology for community crisis homes that includes a fixed facility component for residential services and an individualized services and supports component based on the needs of each person eligible for regional center services, as determined through the individual program plan process, which may include assistance with returning to the person’s prior
living arrangement or transitioning to an alternative community residential setting, including, when appropriate for the individual, wraparound services through intensive individualized support services.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
If the State Department of Developmental Services determines that urgent action is necessary to protect a person eligible for regional center services residing in a community crisis home from physical or mental abuse, abandonment, or any other substantial threat to the their health and safety, the State Department of Developmental Services may
request that the regional center or centers remove the
person eligible for regional center services from the community crisis home or direct the regional center or centers to obtain alternative or additional services for the person eligible for regional center services within 24 hours of that determination. When possible, an individual program plan (IPP) meeting shall be convened to determine the appropriate action pursuant to this section. In any case, an IPP meeting shall be convened within 30 days following an action pursuant to this section. The regional center shall notify the clients’ rights advocate of any removal from the community crisis home.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The Director of Developmental Services shall rescind a community crisis home’s certificate of program
approval when, in the director’s sole discretion, a community crisis home does not maintain substantial compliance with an applicable statute, regulation, or ordinance, or cannot ensure the health and safety of persons eligible for regional center services. The decision of the Director of Developmental Services shall be the final administrative decision. The Director of Developmental Services shall transmit a decision rescinding a community crisis home’s certificate of program approval to the State Department of Social Services and the regional center with a recommendation as to whether to revoke the community crisis home license, and the State Department of Social Services shall revoke the license of the community crisis home pursuant to Section 1550 of the Health and Safety Code.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The State Department of Developmental Services and regional centers shall provide to the State Department of Social Services all available documentation and evidentiary support necessary for the licensing and administration of community crisis homes and enforcement of Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, and the applicable regulations.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_7D5B3CD0-947F-4EC8-A05A-7B723A3843B4">
<ns0:Num>SEC. 190.</ns0:Num>
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Section 4698.1 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_70E1B901-E697-4D6F-8DDF-72F4F439112C">
<ns0:Num>4698.1.</ns0:Num>
<ns0:LawSectionVersion id="id_60939321-90D4-4DF5-946C-ADF19447752B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A certificate of program approval shall not be issued pursuant to this article until the publication in Title 17 of the California Code of Regulations of emergency regulations filed by the State Department of Developmental Services. These regulations shall be developed in consultation with stakeholders, including the State Department of Social Services, advocates for persons eligible for regional center services, and regional centers. The regulations shall address at least all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Program standards, including program design
requirements, staffing structure, staff qualifications, and training. Training requirements shall include all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A minimum of 16 hours of emergency intervention training, which shall include the techniques the facility will use to prevent injury and maintain safety regarding persons eligible for regional center services who are a danger to themselves or others and shall emphasize positive behavioral supports and techniques that are alternatives to physical restraint.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Additional training for direct care staff to address the specialized needs of
persons eligible for regional center services, including training in emergency interventions.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Requirements and timelines for the development and updating of the individual program plan of each person eligible for regional center services,
including time-limited objectives and a plan to transition the person eligible for regional center services to their prior residence or an alternative community-based residential setting with needed services and supports. In developing these regulations, the department shall place a high priority on transitioning the person eligible for regional center services to
their prior residence, when that is the preferred objective in their
individual program plan.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Procedures and requirements for identifying and providing supplemental and ancillary staffing and supports, including therapeutic, behavioral, and clinical services and supports, based on the need of the individual person eligible for regional center services.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The rate methodology.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Rights and protections of persons eligible for regional center services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the State Department of Developmental Services is hereby exempted from the requirement that it describe specific facts showing the need for immediate action. These emergency regulations shall be developed in consultation with system stakeholders. A certificate of compliance for these implementing regulations shall be filed within 24 months following the adoption of the first emergency regulations filed pursuant to this section. The emergency regulations may be readopted and remain in effect
until approval of the certificate of compliance.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_0BE109F2-AEE8-414D-A893-EEF63CD3E0DF">
<ns0:Num>SEC. 191.</ns0:Num>
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Section 4699 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B1D29F54-0B58-45D6-BB54-89D3D32A51CC">
<ns0:Num>4699.</ns0:Num>
<ns0:LawSectionVersion id="id_574D3415-3801-4427-A2DD-96214F8F3183">
<ns0:Content>
<html:p>The Legislature finds and declares all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The State Department of Developmental Services estimates that about 120,000 direct support professionals and about 5,500 regional center service coordinators served approximately 370,000 persons eligible for regional center services in fiscal year 2021–22.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Workforce capacity among direct support professionals and regional center service coordinators is a growing concern in the developmental services system.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Based on annual projected regional center caseload growth and assumptions about direct support professional turnover, the developmental services system is projected to need approximately 33,000 direct support professionals and 2,700 regional center service coordinators over the next five years.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
To be responsive to California’s changing demographics, the department should support regional centers and service providers in undertaking a purposeful approach to recruiting and hiring workers from diverse communities and explore technological advancements as a complement to workers who provide direct services.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_257B4E92-DED4-4A57-A697-7D6108015F4A">
<ns0:Num>SEC. 192.</ns0:Num>
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Section 4699.2 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_8B3470BC-29E8-4DA6-B882-59C2FB5EC5DD">
<ns0:Num>4699.2.</ns0:Num>
<ns0:LawSectionVersion id="id_B5E1321C-1BD5-46A6-A615-D1012D1B5486">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall establish, and regional centers shall administer in coordination with service providers, a program to provide training stipends to direct support professionals.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
It is the intent of the Legislature to enhance the quality of services received by persons eligible for regional center services, improve direct support professional retention, and increase interest among direct support professionals in skills development and continuous learning opportunities by offering stipends for the completion of training courses.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A regional center shall provide up to two five-hundred-dollar ($500) training stipends to a direct support professional who completes training and development courses as specified by the department.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Each training stipend shall be paid no later than three months after the conclusion of a training requirement.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A portion of the program funding shall be used to compensate service providers an amount, in the form of a fee, necessary to cover the reasonable costs to administer the program in coordination with regional centers, as determined by the department.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Service providers and regional centers shall track participation and shall report to the department on
a quarterly basis, commencing on January 31, 2023, on cumulative and reporting-period data about the number of participants, the administration of the fee pursuant to subdivision (e), the selection of training and development courses, and turnover information among participants.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Training and development courses shall commence no later than November 1, 2022. A program participant may enroll in a training and development course on a later date.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_22C8CC0A-19D7-43D4-8F55-58EFCFCF1205">
<ns0:Num>SEC. 193.</ns0:Num>
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Section 4699.3 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_7EAA4773-192A-49F8-B73D-9507757D8821">
<ns0:Num>4699.3.</ns0:Num>
<ns0:LawSectionVersion id="id_C1295EE2-184E-4E3F-BE3F-B9E2475D3223">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall establish, and regional centers shall administer, an entry-level training and internship program for individuals interested in becoming direct support professionals, subject to an appropriation by the Legislature.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
It is the intent of the Legislature to enhance the quality of services received by persons eligible for regional center services and increase the hiring and retention of direct support professionals through the creation of a training and internship program that demonstrates the career opportunities available to individuals
interested in becoming direct support professionals, while providing them with the skills that they need to deliver high-quality services to persons eligible for regional center services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The training and internship program shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Contract with outside agencies for recruitment outreach.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Offer three-month internships that provide entry-level training and practical work experience for participants.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Outline the wage and employments costs for paid internships up to 30 hours per week, to collectively cover participant
wages and service provider costs.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Focus on populations that reflect the state’s diverse population and that do not traditionally have a pathway toward jobs in the developmental services field.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Establish an entry point to the continuum of developmental services workforce development, including the training described in Section 4511.5.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Create opportunities for postinternship permanent employment with service providers and allow for a five-hundred-dollar ($500) retention stipend after six months of continuous employment and another five-hundred-dollar ($500) stipend after one year of continuous employment.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Regional centers shall track participation and report to the department on a quarterly basis on cumulative and reporting-period data
about the number of participants, the number of participants hired, and the number of six-month and one-year employment stipends provided.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Internships shall be available no later than June 1, 2023. A program participant may enroll in an internship on a later date.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_4C0EBA09-EADD-4F55-8E9A-A511D163E4BE">
<ns0:Num>SEC. 194.</ns0:Num>
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Section 4699.4 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_03320C60-EB10-4B61-A138-272780853CBC">
<ns0:Num>4699.4.</ns0:Num>
<ns0:LawSectionVersion id="id_E321852A-B912-40FE-9417-B07FEC187DE7">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall establish, and regional centers shall administer, a tuition reimbursement program for regional center employees who seek a degree or certification in a health or human services-related field.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
It is the intent of the Legislature to enhance regional center services received by persons eligible for regional center services, increase subject matter expertise and career advancement options at regional centers, and improve employee retention rates at regional centers by offering tuition reimbursement for eligible regional center
employees.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Each qualifying participant shall be eligible to receive up to ten thousand dollars ($10,000) annually for up to three years.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
In exchange for tuition reimbursement, participants shall be required to work at the regional center for no less than one year for each year of tuition reimbursement following completion of their degree or certification. An employee may transfer to another regional center to complete this requirement. The funding regional center shall notify the department within 30 days after a request from an employee to transfer to another regional center to complete this requirement. The receiving regional center is responsible for reporting the information required in subdivision (g).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
By September 1, 2022, the department shall publish eligibility requirements for regional center
staff participation. These requirements shall include information about which regional center staff are eligible, which academic programs or types of academic programs are eligible, minimum application requirements, concurrent regional center work requirements, and postgraduation regional center work requirements. In addition, the department shall describe the terms of the program, including repayment or partial repayment requirements for individuals who do not complete their degree or certification or do not complete the concurrent or postgraduation work requirements.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Tuition reimbursement shall be available for the 2022–23 through 2024–25 fiscal years.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Regional centers shall report to the department on an annual basis, commencing on April 1, 2023, and thereafter on January 1 of each year until January 1, 2026, on data about the program, including number and demographics
of applicants and participants and their regional center position, degree and field sought, and how long they were employed by the regional center after completing their degree or certification.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_49AE9ED4-A2EC-4F07-8B01-181812049817">
<ns0:Num>SEC. 195.</ns0:Num>
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Section 4699.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_543E3CCB-0B35-4DFD-AEDC-BDE5EEE4F3E1">
<ns0:Num>4699.5.</ns0:Num>
<ns0:LawSectionVersion id="id_1546188A-C64F-470D-8BD4-E207DF2F7082">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall seek input from stakeholders throughout the implementation of this chapter.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Stakeholders may include, but are not limited to, any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Persons eligible for regional center services and families across different geographic regions of the state and from diverse racial and ethnic backgrounds, and diverse age groups and disabilities.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Regional center representatives, including executive-level staff, administrative staff, and service coordinators.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Service providers representing a diverse range of service types and models and including executive staff and direct support professionals.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department may utilize one of its existing stakeholder groups if it meets the criteria described in this section to conduct this consultation.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_CC64D9A9-EA40-491A-8A1B-03C979F72736">
<ns0:Num>SEC. 196.</ns0:Num>
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Section 4699.6 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_0409FD1E-9622-45BC-90FE-6D28FBF3BFF2">
<ns0:Num>4699.6.</ns0:Num>
<ns0:LawSectionVersion id="id_C2E1BFD6-B2B0-4CFB-8A62-89232BFC5375">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall report to the Legislature at quarterly briefings for legislative staff about the progress on the programs described in this chapter. Reporting shall include summaries of the relevant data collected by service providers and regional centers.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department shall submit a report to the Legislature, in accordance with Section 9795 of the Government Code, no later than January 10, 2026, evaluating the success of the programs described in this chapter. As applicable, the report shall include, but not be limited to, information about all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Summary information about each program, including statistics on participation and program completion, participant
demographics, and participation by regional center and type of service provider.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Number of new hires at service providers and regional centers.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Employee retention and turnover rates at service providers and regional centers overall and among the program participant population, including available baseline rates prior to implementation of the programs and rates following completion of the programs.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Satisfaction of persons eligible for
regional center services and their families and other measures of outcomes of persons eligible for regional center services.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_287EFCB9-E115-4D10-A72C-8B93BD6E17E8">
<ns0:Num>SEC. 197.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4727.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4727 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_837BC578-2E4D-4117-B1A1-2379DC447421">
<ns0:Num>4727.</ns0:Num>
<ns0:LawSectionVersion id="id_7E9DCF58-8DCB-4A61-B02A-6B5C84441D4C">
<ns0:Content>
<html:p>This chapter does not compel a physician, psychologist, social worker, nurse, attorney, or other professional person to reveal information that has been given to them in confidence by members of a recipient’s or
applicant’s family.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_5211A0FB-D290-424E-9767-9E6A9F61F7FD">
<ns0:Num>SEC. 198.</ns0:Num>
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Section 4731 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_DFB9061F-4498-43E0-89C0-2DD2D531F3AB">
<ns0:Num>4731.</ns0:Num>
<ns0:LawSectionVersion id="id_82ED68A9-9BB0-46C8-9077-16D048389E3E">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Each person eligible for regional center services, or any representative acting on behalf of that person, who believes that any right to which a person eligible for regional center services is entitled has been
abused, punitively withheld, or improperly or unreasonably denied by a regional center, state-operated facility, or service provider, may pursue a complaint as provided in this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Initial referral of any complaint taken pursuant to this section shall be to the director of the regional center from which the person eligible for regional center services receives case management services. If the person eligible for regional center services resides in a state-operated facility, the complaint shall be made to the director of the state-operated
facility. The director shall, within 20 working days of receiving a complaint, investigate the complaint and send a written proposed resolution to the complainant and, if applicable, to the service provider. The written proposed resolution shall include a telephone number and mailing address for referring the proposed resolution in accordance with subdivision (c).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If the complainant is not satisfied with the proposed resolution, the complainant may refer the complaint, in writing, to the Director of Developmental Services within 15 working days of receipt of the proposed resolution. The director shall, within 45 days of receiving a complaint, issue a written administrative decision and send a copy of the decision to the complainant, the director of the regional center or state-operated facility, and the service provider, if applicable. If there is no referral to the department, the proposed resolution shall become effective on the 20th
working day following receipt by the complainant.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department shall annually compile the number of complaints filed, by each regional center and state-operated facility, the subject matter of each complaint, and a summary of each decision. Copies shall be made available to any person upon request.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall not be used to resolve disputes concerning the nature, scope, or amount of services and supports that should be included in an individual program plan, for which there is an appeals procedure established in this division, or disputes regarding rates or audit appeals for which there is an appeals procedure established in regulations. Those disputes shall be resolved through the appeals procedure established by this division or in regulations.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
All
persons eligible for regional center services or, if appropriate, their authorized representative, shall be notified in writing in their preferred language of the right to file a complaint pursuant to this section when they apply for services from a regional center or a state-operated facility, and at each regularly scheduled planning meeting.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_1E798100-D133-41A7-A9F5-E260AF5FD392">
<ns0:Num>SEC. 199.</ns0:Num>
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Section 4741 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_23694607-1C1E-4A06-A600-1DDF5EF81663">
<ns0:Num>4741.</ns0:Num>
<ns0:LawSectionVersion id="id_65ABA9A8-6673-4FD3-B63D-95406A36EB66">
<ns0:Content>
<html:p>An adult person with a developmental disability has the legal right to determine where their residence will be. Except in a situation that presents immediate danger to the health and well-being of the individual, the regional center or its designee shall not remove a person eligible
for regional center services
from a residential care facility against the client’s wishes unless there has been specific court action to abridge that right with respect to an adult or unless the parent, guardian, or conservator consents with respect to a child.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_6A7572BE-5AE6-4867-B176-01E7074EE00B">
<ns0:Num>SEC. 200.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'7.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4742.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4742 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_3D55FE93-694E-45E6-BF81-526F693F7291">
<ns0:Num>4742.</ns0:Num>
<ns0:LawSectionVersion id="id_4716761C-65B9-4A04-95D3-20CB6BFA8846">
<ns0:Content>
<html:p>The regional center or its designated representative shall (a) guide and counsel facility staff regarding the care and services and supports required by each person eligible for regional center services served by the regional center; and (b) monitor the care and services and supports provided the individual to ensure that care and services and supports are provided in accordance with the individual program plan.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_9D1EFD23-18BF-4D9D-AFEC-47D5FCECF81E">
<ns0:Num>SEC. 201.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'7.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4742.1.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4742.1 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_866B157B-3E82-45F3-B577-45F15368ABA7">
<ns0:Num>4742.1.</ns0:Num>
<ns0:LawSectionVersion id="id_906D5D88-DDED-4749-960C-6E7D4FDCA4B3">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A statement made by a regional center representative when discharging their obligation to monitor the provision of services and supports pursuant to this division shall be a privileged communication, subject to subdivision (b).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A statement shall not be privileged pursuant to subdivision (a) if a party to a judicial action demonstrates that the regional center representative made the disputed statement with knowledge of its falsity or with reckless disregard for the truth.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_0F9A9062-1EE8-49D8-BEFC-B4225DD73E99">
<ns0:Num>SEC. 202.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'7.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4743.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4743 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_03BF18B8-4A29-410E-BB7D-3D9399CEC594">
<ns0:Num>4743.</ns0:Num>
<ns0:LawSectionVersion id="id_C8D2460C-BA49-4922-99EA-5DD49CAC51A9">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
It is the intent of the Legislature that to the greatest extent possible, the staff of the regional center or its designee are assigned so as to minimize the number of persons responsible for programs provided in a given facility.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The regional center or its designee shall designate the staff person
responsible for
ensuring that
the individual program plan of each person eligible for regional center services is carried out. One person shall be assigned by the regional center as the principal liaison to a facility and to monitor the provision of care and the services provided by that facility in accordance with the individual program plans. If, due to the number of persons eligible for regional center services in the facility, additional staff of a regional center or its designee serve
persons eligible for regional center services in the facility, one person shall be assigned as having primary responsibility for, and ensuring consistency and continuity of, directions to the administrator and for the monitoring of care and services.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_E43F269E-B17B-4441-8F15-5C98781687EC">
<ns0:Num>SEC. 203.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'7.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4744.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4744 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_ABBDA824-B4F2-4358-8A2E-1C8BE6AA6957">
<ns0:Num>4744.</ns0:Num>
<ns0:LawSectionVersion id="id_5CDE39FC-1AD1-47CA-8CD3-E0958196CB8E">
<ns0:Content>
<html:p>The regional center or its designee shall provide to the residential facility administrator all information in its possession concerning any history of dangerous propensity of the person eligible for regional center services prior to the placement in that facility. However, confidential information about a person eligible for regional center services
shall not be released pursuant to this section without the consent of the person or authorized representative.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_22D656BE-D417-437C-AF31-517E9D631DC1">
<ns0:Num>SEC. 204.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'7.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4746.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4746 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_00C5CA97-671B-48F8-B31D-9F33EF6F6E81">
<ns0:Num>4746.</ns0:Num>
<ns0:LawSectionVersion id="id_C78332F5-FDE1-40A7-91D9-4F99872662F4">
<ns0:Content>
<html:p>The severity of the deficiencies and the quality of care provided shall determine how long the regional center or its designee will work with the facility administrator to resolve inadequacies. After a reasonable period of time, if the care continues to be unacceptable, the designated staff person shall submit to their supervisor and to the licensing agency and administrator a recommended disposition with supporting documents attached. The placement agency shall develop sufficient documentation of inadequacies and care provided to sustain corrective action.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_187EB0D8-2079-4C44-AA82-DF63176F510F">
<ns0:Num>SEC. 205.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'7.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4747.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4747 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B33D0B09-5C86-40F3-943F-EEA32C709DA8">
<ns0:Num>4747.</ns0:Num>
<ns0:LawSectionVersion id="id_B77EC9C6-2ACC-4100-B03C-A875267BFDF3">
<ns0:Content>
<html:p>If a person eligible for regional center services or, when appropriate, the parent, guardian, or conservator or authorized representative, including those appointed pursuant to subdivision (a) of Section 4541, requests a relocation, the regional center shall schedule an individual program plan meeting, as soon as possible to assist in locating and moving to another residence.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_12D3F018-0867-4525-AE07-21F24816AEA5">
<ns0:Num>SEC. 206.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4781.5.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4781.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_05CD8C0E-E870-4586-83BD-419A42F1E0B8">
<ns0:Num>4781.5.</ns0:Num>
<ns0:LawSectionVersion id="id_59EADAD6-163B-4209-A070-164C7DD63C03">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For the 2006–07 fiscal year only, a regional center may not expend any purchase of service funds for the startup of any new program unless one of the following criteria is met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The expenditure is necessary to protect the health or safety of the person eligible for regional center services or because of other extraordinary circumstances.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The program to be developed promotes and provides integrated supported work options for individuals or groups of no more than three
persons eligible for regional center services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The program to be developed promotes and provides integrated social, civic, volunteer, or recreational activities.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a), a regional center may approve grants for the 2006–07 fiscal year only to current providers to engage in new or expanded employment activities that result in greater integration, conversion from sheltered to supported work environments, self-employment, and increased participation of persons eligible for regional center services in the federal Ticket to Work program.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Startup
contracts for programs funded under this section shall be outcome-based.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department shall develop criteria by which regional centers shall approve grants, and shall provide prior written authorization for the expenditures under this section.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall not apply to any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The purchase of services funds allocated as part of the department’s community placement plan process.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Expenditures for the startup of new programs made pursuant to a contract entered into before July 1, 2002.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D26C5A30-96B8-4EF4-8621-2C2DBDA4E96A">
<ns0:Num>SEC. 207.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4781.6.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4781.6 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_C5D38A62-0E15-4C37-B2F8-69DD2FE0F6A4">
<ns0:Num>4781.6.</ns0:Num>
<ns0:LawSectionVersion id="id_CDF1A7DE-D5A6-48D5-861B-EEE1409D018B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A regional center shall not expend any purchase of service funds for the startup of any new program unless the expenditure is necessary to protect the health or safety of the person eligible for regional center services or because of extraordinary circumstances, and the department has granted prior written authorization for the expenditures.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section does not apply to the purchase of services funds allocated as part of the department’s community placement plan process.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_1DFF7B7C-BF07-4E70-A454-B461C0105CD7">
<ns0:Num>SEC. 208.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4787.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4787 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_046BF41A-14AC-4D19-B782-524125BEFCD1">
<ns0:Num>4787.</ns0:Num>
<ns0:LawSectionVersion id="id_BD2609F0-122B-4ED9-8B5D-BE970F5CC89A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall, in developing the annual budget for regional center-funded services and supports for residents of developmental centers who are projected to move into the community in the budget year, estimate the costs of these services and supports. Budgeted funding shall be allocated to each regional center based on each regional center’s share of the projected placements to be made within the budget year.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
When a resident of a developmental center moves into a community placement outside of their regional catchment area, the department shall transfer from the regional center an appropriate amount of the funding allocated for that
person eligible for regional center services to the regional center that will provide services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A regional center able to exceed its projected placements within the fiscal year shall be allocated additional funding for that purpose in that fiscal year, if sufficient funding is available, and to the extent that additional funding is necessary to make those placements.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the department determines that a regional center will not make all of the projected placements during the fiscal year for which it has received funding, those funds shall be made available to regional centers who have exceeded their projected placements, to the extent that additional funding is necessary to make those placements.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
With the approval of the Department of Finance, savings that result
from population reductions in the developmental centers may be transferred to regional centers for the purpose of providing services and supports to residents of developmental centers who have moved into a community placement pursuant to their individual program plan.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall not expand or limit the entitlement to services for a person with developmental disabilities set forth in this division.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_79786E2D-AFD2-44BD-B852-FC284A98A0B5">
<ns0:Num>SEC. 209.</ns0:Num>
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Section 4791 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_FBB77308-4C5A-4053-8BFF-7D45C6388F78">
<ns0:Num>4791.</ns0:Num>
<ns0:LawSectionVersion id="id_F34AE5B8-FF3B-4FB3-8A51-8D719E0ECED7">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, from July 1, 2010, until June 30, 2013, regional centers may temporarily modify personnel requirements, functions, or qualifications, or staff training requirements for providers, except for licensed or certified residential providers, whose payments are reduced by 1.25 percent pursuant to the amendments to Section 10 of Chapter 13 of the Third Extraordinary Session of the Statutes of 2009, as amended by the act amending this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A temporary modification pursuant to subdivision (a), effective during any agreed upon period of time from July 1, 2010, until June 30, 2013, may only be approved when the regional
center determines that the change will not do any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Adversely affect the health and safety of a
person eligible for regional center services receiving services or supports from the provider.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Result in a person eligible for regional center services receiving services in a more restrictive environment.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Negatively impact the availability of federal financial participation.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Violate any state licensing or labor laws or other provisions of Title 17 of the California Code of Regulations not eligible for modification pursuant to this section.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A temporary modification pursuant to subdivision (a) shall
be described in a written services contract between the regional center purchasing the services and the provider, and a copy of the written services contract and any related documentation shall be retained by the provider and the regional center purchasing the services from the provider.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, the department shall suspend, from July 1, 2010, until June 30, 2013, the requirements described in Sections 56732 and 56800 of Title 17 of the California Code of Regulations requiring community-based day programs and in-home respite agencies to conduct annual reviews and to submit written reports to vendoring regional centers, user regional centers, and the department.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding any other
law or regulation, from July 1, 2010, until June 30, 2013, a residential service provider, vendored by a regional center and whose payment is reduced by 1.25 percent pursuant to the amendments to Section 10 of Chapter 13 of the Third Extraordinary Session of the Statutes of 2009, as amended by the act amending this section, shall not be required to complete quarterly and semiannual progress reports required in subdivisions (b) and (c) of Section 56026 of Title 17 of the California Code of Regulations. During program review, the provider shall inform the regional center case manager of the progress of the person eligible for regional center services and any barrier to the implementation of the individual program plan for each
person eligible for regional center services residing in the residence.
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<ns0:BillSection id="id_1D123177-5710-4DB9-9D74-C0D56ED4EFF4">
<ns0:Num>SEC. 210.</ns0:Num>
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Section 4792 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_61072557-B8BC-4D02-A702-0CEB7AE66527">
<ns0:Num>4792.</ns0:Num>
<ns0:LawSectionVersion id="id_FDB54068-C303-41E5-8C2C-B54F17C19373">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
This section of law shall only be operative if subdivision (b) of Section 3.94 of the Budget Act of 2011 is operative. It is the intent of the Legislature for the department to identify up to one hundred million dollars ($100,000,000) in General Fund savings from within the overall developmental services system, including any savings or reductions within state administrative support, operation of the developmental centers, and operation of the regional centers, including administration and the purchase of services where applicable if subdivision (b) of Section 3.94 of the Budget Act of 2011 is operative. A variety of strategies, including, but not limited to, savings attributable to caseload adjustments, changes in expenditure trends, unexpended contract funds, or other administrative savings or restructuring can be
applied to this reduction with the intent of keeping reductions as far away as feasible from the direct needs, services, and supports of persons eligible for regional center services, including health, safety, and quality of life.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department may utilize input from workgroups comprised of persons eligible for regional center services and
family members,
advocacy groups with a focus on persons eligible for regional center services, service provider representatives, regional center representatives, developmental center representatives, other stakeholders, and staff of the Legislature, to develop General Fund savings proposals as necessary.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If subdivision (b) of Section 3.94 of the Budget Act of 2011 is operative, and the department is directed to identify up to one hundred million dollars ($100,000,000) in General Fund savings from within the developmental services system, any savings or reductions identified shall be reported to the Joint Legislative Budget Committee within 10 days of the reduction as directed within Section 3.94 of the Budget Act of
2011.
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<ns0:BillSection id="id_765DB3A4-0815-4210-B5B1-85FD9247C1B8">
<ns0:Num>SEC. 211.</ns0:Num>
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Section 4800 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_FD188D58-99BE-4C43-BD72-6EF11BFD1E4A">
<ns0:Num>4800.</ns0:Num>
<ns0:LawSectionVersion id="id_FD9B7EC9-71A7-47D4-8F0A-A15025A79E3F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Every adult who is or has been admitted or committed to a state hospital, developmental center, community care facility, as defined in Section 1502 of the Health and Safety Code, health facility, as defined in Section 1250 of the Health and Safety Code, or any other appropriate placement permitted by law, as a developmentally disabled patient shall have a right to a hearing by writ of habeas corpus for their release from the hospital, developmental center, community care facility, or health facility after
they or any person acting on their behalf makes a request for release to any member of the staff of the state hospital, developmental center, community care facility, or health facility or to any employee of a regional center.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The member of the staff or regional center employee to whom a request for release is made shall promptly provide the person making the request for their signature or mark a copy of the form set forth below. The member of the staff, or regional center employee, as the case may
be, shall fill in
their own name and the date, and, if the person signs by mark, shall fill in the person’s name, and shall then deliver the completed copy to the medical director of the state hospital or developmental center, the administrator or director of the community care facility, or the administrator or director of the health facility, as the case may be, or their designee, notifying them of the request. As soon as possible, the person notified shall inform the superior court for the appropriate county, as indicated in Section 4801, of the request for release and shall transmit
a copy of the request for release to the person’s parent or conservator together with a statement that notice of judicial proceedings taken pursuant to that request will be forwarded by the court. The copy of the request for release and the notice shall be sent by the person notified by registered or certified mail with proper postage prepaid, addressed to the addressee’s last known address, and with a return receipt requested. The person notified shall also transmit a copy of the request for release and the name and address of the person’s parent or conservator to the court.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Any person who intentionally violates this section is guilty of a misdemeanor.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The form for a request for release shall be substantially as follows:
</html:p>
<html:br/>
<html:p>(Name of the state hospital, developmental center, community care
facility, or health facility or regional center) ____ day of ____ 19__</html:p>
<html:p>I, ____ (member of the staff of the state hospital, developmental center, community care facility, or health facility or employee of the regional center), have today received a request for the release from ____ (name of state hospital, developmental center, or community care facility) State Hospital, developmental center, community care facility, or health facility of ____ (name of patient) from the undersigned patient on their own behalf or from the undersigned person on behalf of the patient.</html:p>
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<html:colgroup>
<html:col width="120.0"/>
<html:col width="295.0"/>
</html:colgroup>
<html:tbody>
<html:tr>
<html:td>
<html:p class="Left10Point">
<html:span class="SpacedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point">
<html:span class="UnderlinedLeaders"/>
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point">
<html:span class="SpacedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point" style="font-size:10pt; text-align:center; text-indent:0pt; hyphenation: yes;">
Signature or mark of patient making request
<html:br/>
for release
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point">
<html:span class="SpacedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point">
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point">
<html:span class="SpacedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point" style="font-size:10pt; text-align:center; text-indent:0pt; hyphenation: yes;">
Signature or mark of person making request
<html:br/>
on behalf of patient
</html:p>
</html:td>
</html:tr>
</html:tbody>
</html:table>
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<ns0:BillSection id="id_2FBDE48D-32F0-4F71-8A3B-62227BDDE78D">
<ns0:Num>SEC. 212.</ns0:Num>
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Section 4801 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_56BDAD55-4121-41EB-9C86-8F2D1EF819AF">
<ns0:Num>4801.</ns0:Num>
<ns0:LawSectionVersion id="id_3A94E56F-B1AA-4064-B863-52DFC07E24FF">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Judicial review shall be in the superior court for the county in which the state hospital, developmental center, community care facility, or health facility is located, except that, if the adult has been found incompetent to stand trial and has been committed pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code, judicial review shall be in the superior court of the county that determined the question of the mental competence of the defendant. The adult requesting to be released shall be informed of their right to counsel by a member of the staff of the state hospital, developmental
center, community care facility, or health facility and by the court; and if they do not have an attorney for the proceedings, the court shall immediately appoint the public defender or other attorney to assist them in the preparation of a petition for the writ of habeas corpus and to represent them in the proceedings. The person shall pay the costs of those legal services if
they are able.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
At the time the petition for the writ of habeas corpus is filed with the court, the clerk of the court shall transmit a copy of the petition, together with notification as to the time and place of an evidentiary hearing in the matter, to the parent or conservator of the person seeking release or for whom release is sought and to the director and clients’ rights advocate of the appropriate regional center. Notice shall also be provided to the director of the appropriate developmental center if the person seeking release or for whom release is sought resides in a developmental center. The notice shall be sent by registered or certified mail with proper postage prepaid, addressed to the addressee’s last known address, and with a return receipt requested. The clients’ rights advocate of the appropriate regional center may attend any hearing pursuant to this section to assist in
protecting the person’s rights.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The court shall either release the adult or order an evidentiary hearing to be held not sooner than five judicial days nor more than 10 judicial days after the petition and notice described in subdivision (b) are deposited in the United States mail pursuant to this section.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
If the person seeking release or for whom release is sought resides in a developmental center or institution for mental disease, the regional center director or designee shall submit to the court, the person’s attorney, and all parties required to be noticed pursuant to subdivision (b) a copy of the most recent completed assessment required by subdivision (c) of Section 4418.25, subdivision (e) of Section 4418.7, or paragraph (9) of subdivision (a) of Section 4648. The regional center shall submit copies of these assessments within two working days of receiving the notice
required pursuant to subdivision (b).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Except as provided in paragraph (3), if the court finds (A) that the adult requesting release or for whom release is requested is not developmentally disabled, or (B) that they are developmentally disabled and that they are able to provide safely for their basic personal needs for food, shelter, and
clothing,
they are released within 72 hours. If the court finds that they are developmentally disabled and that they are unable to provide safely for their basic personal needs for food, shelter, or clothing, but that a regional center or a willing responsible person or other public or private agency is able to provide for
them, the court shall release the developmentally disabled adult to the responsible person, regional center, or other public or private agency, as the case may be, subject to any conditions that the court deems proper for the welfare of the developmentally disabled adult and that are consistent with the purposes of this division.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the person is charged with a violent felony and has been committed to their current placement pursuant to Section 1370.1 of the Penal Code or Section 6500, and the court finds (A) that the adult requesting release or for whom release is requested is not a person with a developmental or intellectual disability, or (B) that
they are able to provide safely for their basic personal needs for food, shelter, and clothing, the court shall, before releasing the person, determine that the release will not pose a danger to the health or safety of others due to the person’s known behavior. If the court finds there is no danger pursuant to the finding required by subparagraph (D) of paragraph (1) of subdivision (a) of Section 1370.1 of the Penal Code, the person shall be released within 72 hours. If the person’s release poses a danger to the health or safety of others, the court may grant or deny the request, taking into account the danger to the health or safety of others posed by the person. If the court finds that release of the person can be made subject to conditions that the court deems
proper for the preservation of public health and safety and the welfare of the person, the person shall be released subject to those conditions.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If in a proceeding under this section, the court finds that the adult is developmentally disabled and has no parent or conservator, and is in need of a conservator, the court shall order the appropriate regional center or the state department to initiate, or cause to be initiated, proceedings for the appointment of a conservator for the developmentally disabled adult.
</html:p>
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<ns0:BillSection id="id_D27E2161-F4F2-4133-9DEE-C14164EFF35F">
<ns0:Num>SEC. 213.</ns0:Num>
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Section 4825 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_1436689E-3118-48B0-941E-A2F8C9CB5710">
<ns0:Num>4825.</ns0:Num>
<ns0:LawSectionVersion id="id_FA34929E-55EF-448A-AC9A-0881F3C4C182">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The provisions of this division shall not be construed to terminate any appointment of the former State Department of Mental Health as guardian of the estate of a developmentally disabled person prior to July 1, 1971.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
It
is the intent of this section that the Director of Developmental Services be appointed as guardian or conservator of a developmentally disabled person as provided pursuant to the provisions of Article 7.5 (commencing with Section 416) of Chapter 2 of Part 1 of Division 1 of the Health and Safety Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding the provisions of Section 6000, the admission of an adult developmentally disabled person to a state hospital or private institution shall be upon the application of the person’s parent or conservator in accordance with the provisions of Sections
4653 and 4803. Any person so admitted to a state hospital may leave the state hospital at any time, if the parent or conservator gives notice of their desire for the departure of the developmentally disabled person to any member of the hospital staff and completes normal hospitalization departure procedures.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding the provisions of Section 4655, any adult developmentally disabled person who is competent to do so may apply for and receive any services provided by a regional center.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_3AC0CB21-C6F5-4609-8442-27EC71C051F1">
<ns0:Num>SEC. 214.</ns0:Num>
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Section 4832 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_9118F61D-F2B5-47EC-8ACB-315CF5725D06">
<ns0:Num>4832.</ns0:Num>
<ns0:LawSectionVersion id="id_1452666D-4C0B-45FA-B0A9-557A24857864">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The State Council on Developmental Disabilities may review and evaluate existing and proposed community living arrangement programs within the various regions of the state and may make a recommendation to the Director of Developmental Services concerning programs that should be considered as the most appropriate agency to be designated as responsible for the implementation of the community living continuum within their area. These programs shall include, but not be limited to, those that have been funded through the issuance of Mental Retardation Private Institutions’ Fund grants, state council program development grants, and model state hospital programs. Consideration shall be given to all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Private nonprofit corporations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Public agencies.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A joint powers agreement agency.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
At least one-third of the board of directors, public or private, or an advisory committee in the event a public agency is selected, shall be composed of representatives of persons eligible for regional center services, including members of the immediate family of person eligible for regional center services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A person shall not serve as a director or advisory committee member who has a financial interest, as defined in Section 87103 of the Government Code, in designated agency operations, except with respect to any interest as a person eligible for regional center services of a designated agency or regional center services.
</html:p>
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</ns0:LawSection>
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<ns0:BillSection id="id_2998DF01-A455-4A77-8D93-D5CA7CEFEC89">
<ns0:Num>SEC. 215.</ns0:Num>
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Section 4835 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_F6DB37D4-925A-4DBE-896F-62F9AC23010E">
<ns0:Num>4835.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Director of Developmental Services may establish uniform operational procedures, performance and evaluation standards, and utilization criteria for designated agencies pursuant to this chapter.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
These standards and criteria shall be developed with participation by organizations of persons eligible for regional center services, the State Council on Developmental Disabilities, the Association of Regional Center Agencies, the State Department of Social Services, the State Department of Health Care Services, the State Department of Education,
and the Department of Rehabilitation, and consultations with individuals with experience in developmental services programming.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_CBEB2AD4-8E82-4EEB-ABE1-FC0CCF7DA9CE">
<ns0:Num>SEC. 216.</ns0:Num>
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Section 4851 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_263E4A98-622C-426A-911D-37C3D19CA56E">
<ns0:Num>4851.</ns0:Num>
<ns0:LawSectionVersion id="id_1E260F1A-7150-4036-B3FC-9AEE318932D5">
<ns0:Content>
<html:p>The definitions contained in this chapter shall govern the construction of this chapter, with respect to habilitation services provided through the regional center, and unless the context requires otherwise, the following terms shall have the following meanings:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Habilitation services” means community-based services purchased or provided for adults with developmental disabilities, including services provided under the Work Activity Program and the Supported Employment Program, to prepare and maintain them at their highest level of vocational functioning, or to prepare them for referral to vocational rehabilitation services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Individual program plan” means the overall plan developed by a regional center pursuant
to Section 4646.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Individual habilitation service plan” means the service plan developed by the habilitation service vendor to meet employment goals in the individual program plan.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Department” means the State Department of Developmental Services.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Work activity program” includes, but is not limited to, sheltered workshops or work activity centers, or community-based work activity programs certified pursuant to subdivision (f) or accredited by CARF, the Commission on Accreditation of Rehabilitation Facilities.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Certification” means certification procedures developed by the Department of Rehabilitation.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Work activity program day” means the period of time during which a
Work Activity Program provides services to persons eligible for regional center services.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
“Supported employment program” means a program that meets the requirements of subdivisions (l) to (q), inclusive.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Person eligible for regional center services” means any adult who receives services purchased under this chapter.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
“Accreditation” means a determination of compliance with the set of standards appropriate
to the delivery of services by a work activity program or supported employment program, developed by CARF, the Commission on Accreditation of Rehabilitation Facilities, and applied by the commission or the department.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
“CARF” means the Commission on Accreditation of Rehabilitation Facilities.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
“Supported employment” means paid work that is integrated in the community for individuals with developmental disabilities.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
“Integrated work” means the engagement of an employee with a disability in work in a setting typically found in the community in which individuals interact with individuals without disabilities other than those who are providing services to those individuals, to the same extent that individuals without disabilities in comparable positions interact with other persons.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
“Supported employment placement” means the employment of an individual with a developmental disability by an employer in the community, directly or through contract with a supported employment program. This includes provision of ongoing support services necessary for the individual to retain employment.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
“Allowable supported employment services” means the services approved in the individual program plan and specified in the individual habilitation service plan for the purpose of achieving supported employment as an outcome, and may include any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Job development, to the extent authorized by the regional center.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Program staff time for conducting job analysis of supported employment opportunities for a specific
person eligible for regional center services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Program staff time for the direct supervision or training of persons eligible for regional center services while they engage in integrated work unless other arrangements for
supervision of the persons eligible for regional center services, including, but not limited to, employer supervision reimbursed by the supported employment program, are approved by the regional center.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Community-based training in adaptive functional and social skills necessary to ensure job adjustment and retention.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Counseling with the significant other of a person eligible for regional center services to ensure support of
the person eligible for regional center services in job adjustment.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Advocacy or intervention on behalf of a person eligible for regional center services to resolve problems affecting the their work adjustment or retention.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Ongoing support services needed to ensure the person eligible for regional center services retains the job.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
“Group services” means job coaching in a group supported employment placement at a job coach-to-person eligible for regional center services ratio of not less than 1 to 2 nor more than 1 to 8 where services to a minimum of two
persons eligible for regional center services are funded by the regional center or the Department of Rehabilitation. For persons eligible for regional center services receiving group services, job coaching shall be provided at the worksite.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
“Individualized services” means job coaching and other supported employment services for persons eligible for regional center services who are funded by a regional center in a supported employment placement at a job
coach-to-person eligible for regional center services ratio of 1 to 1, and that decrease over time until stabilization is achieved. Individualized services may be provided on or off the jobsite.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_C58A3B21-99BC-45B7-A531-F3C2CD1CF3C2">
<ns0:Num>SEC. 217.</ns0:Num>
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Section 4852 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_982DCD77-5E97-46CD-B14F-76EF30731376">
<ns0:Num>4852.</ns0:Num>
<ns0:LawSectionVersion id="id_859202F3-F91A-4C1F-9D1B-AFB1B41631F6">
<ns0:Content>
<html:p>A person eligible for regional center services shall be referred to a provider of habilitation services under this chapter when all of the following apply:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The individual is an adult who has been diagnosed as having a developmental disability.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The individual is determined to be in need of and has chosen habilitation services through the individual program planning process pursuant to Section 4646.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_13032B9C-3B3E-48DB-8849-BB561876DD43">
<ns0:Num>SEC. 218.</ns0:Num>
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Section 4853 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_FD721888-E1FE-407B-88B1-5882558B10E3">
<ns0:Num>4853.</ns0:Num>
<ns0:LawSectionVersion id="id_94447ADE-B610-4252-9593-2883702330AC">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
When a referral for habilitation services pursuant to Section 4852 has been made and if the individual is placed in a work activity program, they shall be deemed presumptively eligible for a period not to exceed 90 days.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
During the period of presumptive eligibility, the work activity program shall submit a work skills evaluation report to the regional center. The work skills evaluation report shall reflect the performance of the
person eligible for regional center services in all of the following areas:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Appropriate behavior to safely conduct themselves in a work setting.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Adequate attention span to reach a productivity level in paid work.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Ability to understand and act on simple instructions within a reasonable length of time.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Ability to communicate basic needs and understand basic receptive language.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Attendance level.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
During the period of presumptive eligibility, the individual program plan planning team shall, pursuant to Section 4646, utilize the work skills evaluation report to determine the appropriateness of the referral.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_CAB40E9A-5738-4F40-879E-98AC4A3A9EBC">
<ns0:Num>SEC. 219.</ns0:Num>
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Section 4854 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_2013C577-29D1-4995-A911-3C5C6334D036">
<ns0:Num>4854.</ns0:Num>
<ns0:LawSectionVersion id="id_873331FF-33E4-4FFF-9629-C30F8C386002">
<ns0:Content>
<html:p>In developing the individual habilitation service plan pursuant to Section 4853, the habilitation service provider shall develop specific and measurable objectives to determine whether the person eligible for regional center services demonstrates the ability to reach or maintain individual employment goals in all of the following areas:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Participation in paid work for a specified period of time.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Obtaining or
sustaining a specified productivity rate.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Obtaining or sustaining a specified attendance level.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Demonstration of appropriate behavior for a work setting.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D91C48A4-93C5-41C2-B47C-C7A48B220EFF">
<ns0:Num>SEC. 220.</ns0:Num>
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Section 4856 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_333C7C0F-3F8F-4E78-A88E-199FCEE9C7F7">
<ns0:Num>4856.</ns0:Num>
<ns0:LawSectionVersion id="id_1178793E-B6A3-4B20-AAF4-1341E39C1F7D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The regional center shall monitor, evaluate, and audit habilitation services providers for program effectiveness, using performance criteria that include, but are not limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Service quality.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Protections for individuals receiving services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Compliance with applicable CARF standards.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The regional center may impose immediate sanctions on providers of work activity programs and supported employment programs for noncompliance with accreditation or services standards contained in regulations adopted by the
department, and for safety violations
that pose a threat to persons eligible for regional center services who are receiving habilitation services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Sanctions include, but are not limited to, the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A moratorium on new referrals.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Imposition of a corrective plan as specified in regulations.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Removal of persons eligible for regional center services
from a service area where dangerous conditions or abusive conditions exist.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Termination of vendorization.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A moratorium on new referrals may be the first formal sanction to be taken except when persons eligible for regional center services are at imminent risk of abuse or other harm. When the regional center determines a moratorium on new referrals to be the first formal sanction, a corrective action plan shall be developed. The moratorium shall be lifted only when the conditions cited are corrected per a corrective action plan.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A corrective action plan is a formal
sanction, that may be imposed either simultaneously with a moratorium on new referrals, or as a single sanction in circumstances that do not require a moratorium, as determined by the regional center. Noncompliance with the conditions and timelines of the corrective action plan shall result in termination of vendorization.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Removal of persons eligible for regional center services from a program shall only take place where dangerous or abusive conditions are present, or upon termination of vendorization. In instances of removal for health and safety reasons, when the corrections are made by the program, as determined by the regional center,
persons eligible for regional center services may return, at their option.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Any provider sanctioned under subparagraph (B) or (C) of paragraph (2) of subdivision (b) may request an administrative review as specified in Section 4648.1.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Any provider sanctioned under subparagraph (D) of paragraph (2) of subdivision (b) shall have a right to a formal review by the Office of Administrative Hearings under Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Effective July 1, 2004, if a habilitation services provider is under sanction under former Section 19354.5, the provider shall complete the requirements of the corrective action plan or any other terms or conditions imposed upon it as part of the sanctions. At the end
of the term of the corrective action plan or other compliance requirements, the services provider shall be evaluated by the regional center based upon the requirements in this section.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_EBCDCB84-1872-41AC-84BE-95DCEA54A093">
<ns0:Num>SEC. 221.</ns0:Num>
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Section 4857.1 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_39394642-38DB-4A4A-9A31-CD580B1088DF">
<ns0:Num>4857.1.</ns0:Num>
<ns0:LawSectionVersion id="id_DA926CF2-0801-49C5-B7A5-918F0A6396EE">
<ns0:Content>
<html:p>Regional centers may purchase habilitation services only from providers who are vendored as described in Section 4861 and regulations promulgated pursuant to that section. Habilitation services providers who, on July 1, 2004, are providing services to persons eligible for regional center services shall be deemed to be an approved vendor.</html:p>
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<ns0:BillSection id="id_822C0551-EF2F-4D49-8547-6982BA4368A1">
<ns0:Num>SEC. 222.</ns0:Num>
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Section 4858 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_B38DD3F1-49BA-4CAA-B0C8-4F740A1F4E7B">
<ns0:Num>4858.</ns0:Num>
<ns0:LawSectionVersion id="id_9E38A8D0-74D8-4BFA-8FBC-60CAD52E292C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Each work activity program vendor shall, at a minimum, annually review the status of persons eligible for regional center services participating in their program to determine whether these individuals would benefit from vocational rehabilitation services, including supported employment.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If it is determined that the person eligible for regional center services
would benefit from vocational rehabilitation services, the work activity program vendor shall, in conjunction with the regional center and in accordance with the individual program plan process, refer the person eligible for regional center services to the Department of Rehabilitation.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_C49AA298-718D-48D2-A7A7-666C75F0D337">
<ns0:Num>SEC. 223.</ns0:Num>
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Section 4860 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_438848D2-9B0D-419F-909F-50A824969EAD">
<ns0:Num>4860.</ns0:Num>
<ns0:LawSectionVersion id="id_39F1BDFD-8AF7-442F-8EE8-CAAE4C55F160">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The hourly rate for supported employment services shall be set by the department and posted to its internet website.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Job coach hours spent in travel to worksites of persons eligible for regional center services may be reimbursable for individualized services only when the job coach travels from the vendor’s headquarters to the worksite or from
the worksite of one person eligible for regional center services to another, and only when the travel is one way.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The hourly rate for group services shall be set by the department and posted to its internet website. Persons eligible for regional center services in a group shall be scheduled to start and end work at the same time, unless an exception that takes into consideration the compensated work schedule
of the person eligible for regional center services is approved in advance by the regional center. The department, in consultation with stakeholders, shall adopt regulations to define the appropriate grounds for granting these exceptions. When the number of persons eligible for regional center services in a supported employment placement group drops to fewer than the minimum required in subdivision (p) of Section 4851, the regional center may terminate funding for the group services in that group, unless, within 90 days, the program provider adds one or more regional centers, or Department of Rehabilitation-funded supported employment
persons eligible for regional center services to the group.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
When Section 4855 applies, fees shall be authorized for the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A three-hundred-sixty-dollar ($360) fee shall be paid to the program provider upon intake of a person eligible for regional center services into a supported employment program. A fee shall not be paid if
that
person eligible for regional center services completed a supported employment intake process with that same supported employment program within the previous 12 months.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A seven-hundred-twenty-dollar ($720) fee shall be paid upon placement of a person eligible for regional center services in an integrated job, except that a fee shall not
be paid if that person eligible for regional center services is placed with another person eligible for regional center services assigned to the same job coach during the same hours of employment.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A seven-hundred-twenty-dollar ($720) fee shall be paid after a 90-day retention of a person eligible for regional center services in a job, except that a fee shall not be paid if that
person eligible for regional center services
has been placed with another
person eligible for regional center services, assigned to the same job coach during the same hours of employment.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding paragraph (4) of subdivision (a) of Section 4648, the regional center shall pay the supported employment program rates established by this section.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department, with regional center participation, shall conduct an annual survey of providers, in a format determined by the department, to collect the following information:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The number of employment placements in the previous 12 months.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Types of employment in which
persons eligible for regional center services are placed.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The cost components of the rates in subdivisions (a) and (b), including, but not limited to, the amount used for hourly wages of job coaches, administration, and placement search costs.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The number of hours each person eligible for regional center services works and their hourly wage.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Any other information
determined by the department.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
In its 2017–18 May Revision fiscal estimate, the department shall describe the results of the survey described in subdivision (e).
</html:p>
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</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B1E8789B-65EB-46D2-A8CC-719435DEFAF6">
<ns0:Num>SEC. 224.</ns0:Num>
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Section 4861 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_A4B5941A-7718-41A4-B521-7E275FDB8EBE">
<ns0:Num>4861.</ns0:Num>
<ns0:LawSectionVersion id="id_89D60D58-749E-4836-AFB1-924895596F48">
<ns0:Content>
<html:p>The regional center may vendor new work activity or supported employment programs, after determining the capacity of the program to deliver effective services, and assessing the ability of the program to comply with CARF requirements.</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Programs that receive the regional center’s approval to provide supported employment services shall receive rates in accordance with Section 4860.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A new work activity program shall receive the rate posted on the department’s internet website.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The regional center may purchase services from new work activity programs and supported employment programs, even though the program in not yet accredited by CARF, if all of
the following apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The vendor can demonstrate that the program is in compliance with certification standards established by the Department of Rehabilitation, to allow a period for becoming CARF accredited.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The program commits, in writing, to apply for accreditation by CARF within three years of the approval to purchase services by the regional center.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
CARF shall accredit a program within four years after the program has been vendored.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The regional center may approve or disapprove proposals submitted by new or existing vendors based on all of the following criteria to the extent that it is federally permissible:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The need for a work activity or
supported employment program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The capacity of the vendor to deliver work activity or supported employment services effectively.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The ability of the vendor to comply with the requirements of this section.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The ability of the vendor to achieve integrated paid work for persons eligible for regional center services served in supported employment.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D11B97C6-49F7-456B-8B9E-08331F8816F9">
<ns0:Num>SEC. 225.</ns0:Num>
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Section 4862 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_C9519D41-107F-4BB4-AD4F-A525C68B8FE1">
<ns0:Num>4862.</ns0:Num>
<ns0:LawSectionVersion id="id_8B8809F7-13B5-477E-B329-F66E3E589435">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The length of a work activity program day shall not be less than five hours, excluding the lunch period.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), the length of a work activity program day shall not be reduced from the length of the work activity program day in the historical period that was the basis for the approved habilitation services rate.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A work activity program may, upon consultation with, and prior written approval from, the regional center, change the length of a work activity program day.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the regional center approves a reduction in the work activity program
day pursuant to subparagraph (A), the department may change the work activity program rate.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A work activity program may change the length of a work activity program day for a specific person eligible for regional center services in order to meet the needs of that person if the regional center, upon the recommendation of the individual program planning team, approves the change.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The work activity program shall specify in writing to the regional center
the reasons for any proposed change in a work activity program day on an individual basis.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_E1128796-4C2D-41DA-BB54-09C86DB2D52B">
<ns0:Num>SEC. 226.</ns0:Num>
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Section 4865 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_DBF3D7EF-E37D-446B-A84F-58C85EDA9575">
<ns0:Num>4865.</ns0:Num>
<ns0:LawSectionVersion id="id_65581598-EF55-471F-A89F-5821D4FF380D">
<ns0:Content>
<html:p>At the request of the Department of Rehabilitation, a work activity or supported employment program, or both, shall release accreditation and state licensing reports and special incident reports on persons eligible for regional center services, as required by law or regulations in instances of suspected abuse.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_157C81FE-30BA-419B-84FF-056FCF321F79">
<ns0:Num>SEC. 227.</ns0:Num>
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Section 4867 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_8E51FAD9-3987-4E95-AFCF-A042B3CF2926">
<ns0:Num>4867.</ns0:Num>
<ns0:LawSectionVersion id="id_9946D700-D8CF-409C-B9E1-F71E0E738FA7">
<ns0:Content>
<html:p>Nothing in this chapter shall be interpreted to mean that work activity programs or supported employment programs cannot serve persons eligible for regional center services who are funded by agencies other than regional centers, including, but not limited to, the Department of Rehabilitation.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_495BBE5B-112F-448A-BEDF-E53F66020B30">
<ns0:Num>SEC. 228.</ns0:Num>
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Section 4868.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_4CE66E75-3229-4468-B715-35E8657A510F">
<ns0:Num>4868.5.</ns0:Num>
<ns0:LawSectionVersion id="id_8C8E026B-5E8B-489F-9246-B4BDCE3DCDC8">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
There is in the California Health and Human Services Agency the Office of Employment First.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The office’s mission is to coordinate the Employment First Policy, as described in Section 4869, in order to reduce redundancy, ensure coordination of all employment support services across all agencies and departments, avoid fragmentation of services, guide strategic planning, and promote racial equity toward employment for individuals with developmental disabilities.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The office shall have all of the following responsibilities:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Identify and disseminate best practices.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Develop effective strategies for partnerships with entities, including, but not limited to, employers, foundations, advocates, and other entities committed to creating integrated community employment opportunities.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Provide technical assistance, as requested, to develop and implement strategies for equity in employment.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Make recommendations for legislative, regulatory, and policy changes consistent with the Employment First Policy, as described in Section 4869.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The office shall be under the control of an executive officer known as the Chief Employment First Officer who has the authority to do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Establish or improve reporting mechanisms to measure the success of employment programs for individuals with
developmental disabilities and drive quality improvement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Monitor progress on employment for individuals with developmental disabilities, including, but not limited to, preparing monitoring instruments and issuing reports.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Link data collection systems across state government entities through the development of a unique identification system.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Track, analyze, and publicize service code utilization and vocational outcomes across the system.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The office shall form a standing Employment First Committee consisting of all of the following members:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
At least one designee of each of the members of the State Council on Developmental Disabilities specified
in subparagraphs (B), (C), (D), (F), and (H) of paragraph (2) of subdivision (b) of Section 4521.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A member of the person eligible for regional center services advisory committee of the state council.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The responsibilities of the committee shall include, but need not be limited to, identifying ways services can be coordinated by state and local agencies to avoid disconnection of services and to improve accessibility of services.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
On or before June 30, 2025, and annually thereafter, the office shall provide a report to the appropriate policy committees of the Legislature and to the Governor describing its work
and recommendations made pursuant to this section.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_6FD5981E-A18A-4257-8BD0-B9C29FEED6AE">
<ns0:Num>SEC. 229.</ns0:Num>
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Section 4869 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B580B6C3-01AF-4DF6-AFF8-E8BA9D54FAFB">
<ns0:Num>4869.</ns0:Num>
<ns0:LawSectionVersion id="id_4B873E3A-1496-4257-A6EC-1D2B797F0D14">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In furtherance of the purposes of this division to make services and supports available to enable persons with developmental disabilities to approximate the pattern of everyday living available to people without disabilities of the same age, to support the integration of persons with developmental disabilities into the mainstream life of the community, and to bring about more independent, productive, and normal lives for the persons served, it is the policy of the state that opportunities for integrated, competitive employment shall be given the highest priority for working age individuals with developmental disabilities, regardless of the severity of their disabilities. This policy shall be known as the Employment First Policy.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Implementation of the policy shall be consistent with, and shall not infringe upon, the rights established pursuant to this division, including the right of people with developmental disabilities to make informed choices with respect to services and supports through the individual program planning process.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Integrated competitive employment is intended to be the first option considered by planning teams for working age individuals, but individuals may choose goals other than integrated competitive employment.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Postsecondary education, technical or vocational training, and internship programs may be considered as a means to achieve integrated competitive employment or career advancement.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
This chapter shall not be construed to expand the existing entitlement to services for persons with
developmental disabilities described in this division.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
This chapter shall not alleviate schools of their responsibility to provide transition services to individuals with developmental disabilities.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The State Council on Developmental Disabilities shall develop an informational brochure about the Employment First Policy, translate the brochure into various languages, and post the brochure on its internet website.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Regional centers shall provide
persons eligible for regional center services who are 16 years of age or older, and, when appropriate, their parents, legal guardians, conservators, or authorized representative with information, in an understandable form, about the Employment First Policy, options for integrated competitive employment, and services and supports, including postsecondary education, that are available to enable the person eligible for regional center services to transition from school to work, and to achieve the outcomes of obtaining and maintaining integrated competitive employment.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department may request information from regional centers on current and planned activities related to the Employment First Policy. A
contract between the department and a regional center shall include performance objectives relating to implementation of the Employment First Policy, as described in subdivision (c) of Section 4629.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_E88E9154-2292-4134-A7B1-9B3CF235DB81">
<ns0:Num>SEC. 230.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'14.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4870.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4870 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_F0607F5C-0440-4987-9E6C-F57815EDB5A7">
<ns0:Num>4870.</ns0:Num>
<ns0:LawSectionVersion id="id_DA767E71-38C4-42D5-B84C-6F4A9086E266">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
To encourage competitive integrated employment opportunities statewide for individuals with developmental disabilities, the department shall establish guidelines and oversee a program, to the extent funds are appropriated in the annual Budget Act for this purpose, to increase paid internship opportunities for individuals with developmental disabilities that produce outcomes consistent with the individual program plan. The department shall consult with the State Council on Developmental Disabilities, regional centers, employers, supported employment provider organizations, and clients’ rights advocates, to establish a program that shall be administered by community service providers and that meets all of the following criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Internships shall not exceed
1,040 hours per year for each individual placed in an internship.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Payments for internship hours under this program shall include all required employer-related costs.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Individuals participating in an internship shall be paid at or above minimum wage and equal to the customary wage paid by the employer for the same or similar work performed by individuals who do not have disabilities.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A payment of seven hundred fifty dollars ($750) shall be made to the regional center service provider if both of the following apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
On or after July 1, 2021, the regional center provider places an individual in a paid internship opportunity.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
That individual remains in the paid internship
after 30 consecutive days.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
An additional payment of one thousand dollars ($1,000) shall be made to the regional center provider for an individual described in paragraph (4) who remains in the paid internship for 60 consecutive days.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Placements shall be made into competitive, integrated work environments.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Placements shall be made into internships that develop vocational skills that will facilitate paid employment opportunities in the future.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Regional centers shall increase awareness of these internships to persons eligible for regional center services
outside of current employment programs through outreach to persons eligible for regional center services once the program is implemented, as well as during the individual program plan process.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department shall require annual reporting by regional centers and vendors that ensures program accountability and achievement of program goals. This shall include, but is not limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The number of interns placed who might not otherwise have achieved the placement absent this internship program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Types of employment in which interns are placed.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Length of internships.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Demographic information of interns.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Amount of each intern placement payment.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Employment-related supports provided by another agency or individual to the intern.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Number of interns who subsequently entered paid employment, including salary and benefit information.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Any additional information, as determined by the department.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department shall include in its annual May Revision fiscal estimate a description of the implementation of the program, including, but not limited to, a description
of the stakeholder consultation, the data described in subdivision (b), aggregated by regional center and statewide, and any recommendations for program changes that may be necessary or desirable to maximize program effectiveness and accountability.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
It is the intent of the Legislature that the amounts included in this section be considered for changes or adjustments as part of the budget process that develops the budget for the 2025–26 fiscal year.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Consistent with the individual program plan, the program shall increase sustained and appropriate competitive integrated employment placements by regional center service providers, as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A payment of one thousand dollars ($1,000) shall be made to the regional center service provider that, on or after July 1, 2016, places an individual into competitive
integrated employment, and the individual is still competitively employed after 30 consecutive days, as described in subdivision (o) of Section 4851 and subdivision (d) of Section 4868.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An additional payment of one thousand two hundred fifty dollars ($1,250) shall be made to the regional center service provider for an individual described in paragraph (1) who remains in competitive integrated employment for six consecutive months.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An additional payment of one thousand five hundred dollars ($1,500) shall be made to the regional center service provider for an individual described in paragraphs (1) and (2) who remains in competitive integrated employment for 12 consecutive months.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (1) to (3), inclusive, effective July 1, 2021, until June 30, 2025, the competitive integrated
employment incentive payments for each milestone shall be as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A payment of two thousand dollars ($2,000) if the individual is still engaged in competitive employment after 30 consecutive days, as described in subdivision (o) of Section 4851 and subdivision (d) of Section 4868.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An additional payment of two thousand five hundred dollars ($2,500), if the individual in subparagraph (A) remains in competitive integrated employment for six consecutive months.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
An additional payment of three thousand dollars ($3,000), if the individual in subparagraph (B) remains in competitive integrated employment for 12 consecutive months.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Regional centers shall annually report to the department the payments for placements pursuant to subdivision (d).
The information shall be reported in a format determined by the department, and shall include the number of individuals placed in internships or other employment as described in this section each year.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The payments made pursuant to this section shall not be in addition to the placement payments made pursuant to subdivision (c) of Section 4860.
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<html:p>
(g)
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Regional center service providers that place individuals into internships under subdivision (a) are not eligible for the employment placement incentives under this section, until the individual is transitioned into a competitive integrated employment placement that is not funded as an internship.
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<ns0:Num>SEC. 231.</ns0:Num>
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Section 4870.1 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Num>4870.1.</ns0:Num>
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(a)
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In addition to the program described Section 4870, subject to an appropriation in the Budget Act, the department shall establish, by December 31, 2021, a program to increase pathways to competitive integrated employment that shall meet both of the following requirements:
</html:p>
<html:p>
(1)
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(A)
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Be developed in consultation with stakeholders as specified in subparagraph (B).
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<html:p>
(B)
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Consultation with stakeholders pursuant to subparagraph (A) shall commence no later than September 30, 2021, and shall include individuals with disabilities, including those served by the program, family members, employers and provider association representatives,
advocates for persons eligible for regional center services, disability provider representatives, including regional centers, members of the Developmental Services Task Force, and legislative staff.
</html:p>
<html:p>
(2)
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Provide contracts or grants for entities to develop and implement innovative and replicable strategies and practices to increase paid work experiences and employment opportunities for persons eligible for regional center services.
</html:p>
<html:p>
(b)
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The department shall include in its annual May Revision fiscal estimate a description of the implementation of the program including, but not limited to, all of the following:
</html:p>
<html:p>
(1)
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A description of the stakeholder consultation.
</html:p>
<html:p>
(2)
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Data about the number and start date of funded grants or contracts.
</html:p>
<html:p>
(3)
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The number of enrolled participants.
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<html:p>
(4)
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The number of employed participants.
</html:p>
<html:p>
(5)
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Any recommendations for program changes that may be necessary or desirable to maximize program effectiveness.
</html:p>
<html:p>
(c)
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Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of written directives or similar instructions,
without taking any regulatory action.
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<ns0:Num>SEC. 232.</ns0:Num>
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Section 4870.2 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_64F3FB66-F8DE-48C6-B76B-02AE5775F243">
<ns0:Num>4870.2.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
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In addition to the program described in Section 4870, subject to an appropriation in the Budget Act for this purpose, the department shall establish, by December 31, 2022, a three-year pilot program that focuses on competitive integrated employment, postsecondary education, and career readiness for individuals with developmental disabilities exiting work activity programs or secondary education in order to explore inclusive options, including, but not limited to, paid internships, competitive integrated employment, and college-to-career programs.
</html:p>
<html:p>
(b)
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The pilot program established pursuant to subdivision (a) shall satisfy all of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Be developed in consultation with
stakeholders, including, but not limited to, individuals with disabilities, including those who will be served by the program, family members, provider association representatives, advocates for persons eligible for regional center services, regional centers, the State Council on Developmental Disabilities, the State Department of Education, and the Department of Rehabilitation. The consultation described in this paragraph shall commence no later than August 31, 2022.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Provide person-centered and time-limited services, aligning with each individual’s needs and a person-centered approach, focused on preparing individuals for career pathways.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Consider evidence-based
or promising practices for reducing or eliminating barriers to competitive integrated employment for people with intellectual and developmental disabilities in the development of innovated service options.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Require service providers participating in the pilot program to report on defined outcome measures, as determined by the department.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of written directives or similar instructions, without taking any regulatory action.
</html:p>
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<ns0:Num>SEC. 233.</ns0:Num>
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Section 4878 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_3425E9F7-8646-4491-9FFE-06DA4243B6EE">
<ns0:Num>4878.</ns0:Num>
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<html:p>
(a)
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The board shall segregate moneys received by the ABLE program trust into two funds, which shall be identified as the program fund and the administrative fund.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Notwithstanding Section 13340 of the Government Code, the program fund is hereby continuously appropriated, without regard to fiscal years, to the ABLE Act Board for the purposes specified in this act.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The moneys in the administrative fund shall be available for the ABLE Act Board, upon appropriation, for administration of the act. Administrative costs shall not exceed 3 percent of the incoming funds for each fiscal year for the first five fiscal years following the opening of the first ABLE Act account. After the five-year period,
administrative costs shall not exceed 1 percent of the incoming funds for each fiscal year.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Funding for startup and administrative costs for the board shall be provided in the form of a loan from the General Fund sufficient to cover the board’s projected administrative costs for its first two years of implementing the program. Once the loan has been expended and revenues from the program are sufficient to cover the board’s ongoing costs, the board shall repay, within five years, the amount loaned, plus interest calculated at the rate earned by the Pooled Money Investment Account.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Not later than 30 days after the close of each month, the investment manager shall place on file for public inspection during business hours a report with respect to investment performance. The investment manager shall report the following information, to the extent applicable, to the board within
30 days following the end of each month:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The type of investment, name of the issuer, date of maturity, and the par and dollar amount invested in each security, investment, and money within the program fund.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The weighted average maturity of the investments within the program fund.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Any amounts in the program fund that are under the management of an investment manager.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The market value as of the date of the report and the source of this valuation for any security within the program fund.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A description of the compliance with the statement of investment policy.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Moneys in the program fund may be invested or
reinvested by the Treasurer or may be invested in whole or in part under contract with an investment manager, as determined by the board.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The board shall annually prepare and adopt a written statement of investment policy. The board shall consider the statement of investment policy and any changes in the investment policy at a public hearing. The board shall approve the investment management entity or entities consistent with subdivision (c).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Transfers may be made from the program fund to the administrative fund for the purpose of paying operating costs associated with administering the ABLE program trust and as required by this chapter. All costs of administration of the ABLE program trust shall be paid out of the administrative fund.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
All moneys paid by designated beneficiaries or eligible individuals in
connection with ABLE accounts shall be deposited as received into the program fund, and shall be promptly invested and accounted for separately. Deposits and interest thereon accumulated on behalf of designated beneficiaries in the program fund of the ABLE program trust may be used for qualified disability expenses.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The board shall maintain separate accounting for each designated beneficiary.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Any designated beneficiary may, directly or indirectly, direct the investment of any contributions to their ABLE account, or any earnings thereon, no more than two times in any calendar year.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The assets of the trust,
including the program fund, shall at all times be preserved, invested, and expended solely and only for the purposes of the trust and shall be held in trust for the designated beneficiaries and no property rights therein shall exist in favor of the state. The assets shall not be transferred or used by the state for any purposes other than the purposes of the trust and consistent with the provisions of the federal ABLE Act.
</html:p>
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<ns0:BillSection id="id_64A7F630-7FB1-4830-A4D9-88948A5AAD89">
<ns0:Num>SEC. 234.</ns0:Num>
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Section 4904 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Num>4904.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
The protection and advocacy agency, its employees, and designated agents, shall not be liable for an injury resulting from an employee’s or agent’s act or omission when the act or omission was the result of the exercise, in good faith, of the discretion vested in them.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The protection and advocacy agency, its employees, and designated agents, shall not be liable
for damages awarded under Section 3294 of the Civil Code or other damages imposed primarily for the sake of example and by way of punishing the defendant.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The protection and advocacy agency, its employees, and designated agents, when participating in filing a complaint or providing information pursuant to this division or participating in a judicial proceeding resulting therefrom, shall be presumed to be acting in good faith and unless the presumption is rebutted, shall be immune from any liability, civil or criminal, and shall be immune from any penalty, sanction, or restriction that might be incurred or imposed.
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<ns0:BillSection id="id_A2E6C20F-F6CB-4B8C-A3AC-0C0C66AA5C08">
<ns0:Num>SEC. 235.</ns0:Num>
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Section 4905 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_9FC50A07-1145-4D1B-BD0C-91C239038DBC">
<ns0:Num>4905.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
An employee or agent of a facility, program, or service shall not subject a person with a disability to reprisal or harassment or directly or indirectly take or threaten to take any action that would prevent the person, their legally authorized representative, or family member from reporting or otherwise bringing to the
attention of the protection and advocacy agency any facts or information relative to suspected abuse, neglect, or other violations of the person’s rights.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Any attempt to involuntarily remove from a facility, program, or service, or to deny privileges or rights without good cause to a person with a disability by whom or for whom a complaint has been made to the protection and advocacy agency, within 60 days after the date the complaint is made or within 60 days after the conclusion of any proceeding resulting from the complaint, shall raise a presumption that the action was taken in retaliation for the filing of the complaint.
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