Bill Text: CA AB1595 | 2013-2014 | Regular Session | Chaptered
Bill Title: State Council on Developmental Disabilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-18 - Chaptered by Secretary of State - Chapter 409, Statutes of 2014. [AB1595 Detail]
Download: California-2013-AB1595-Chaptered.html
BILL NUMBER: AB 1595 CHAPTERED
BILL TEXT
CHAPTER 409
FILED WITH SECRETARY OF STATE SEPTEMBER 18, 2014
APPROVED BY GOVERNOR SEPTEMBER 18, 2014
PASSED THE SENATE AUGUST 26, 2014
PASSED THE ASSEMBLY AUGUST 27, 2014
AMENDED IN SENATE AUGUST 22, 2014
AMENDED IN SENATE AUGUST 14, 2014
AMENDED IN SENATE JUNE 18, 2014
AMENDED IN ASSEMBLY APRIL 21, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 3, 2014
An act to amend Sections 4433, 4433.5, 4474.1, 4478, 4520, 4521,
4525, 4530, 4535, 4540, 4544, 4550, 4552, 4561, 4562, 4564, 4565,
4626, 4628, 4629, 4635, 4640.6, 4646, 4646.5, 4648, 4649, 4650, 4659,
4662, 4669.2, 4677, 4685.8, 4701, 4702.6, 4705, 4775, 4830, 4831,
4832, and 4835 of, to amend the heading of Article 3 (commencing with
Section 4530) of, to amend the heading of Article 6 (commencing with
Section 4543) of, to amend the heading of Article 7 (commencing with
Section 4550) of, Chapter 2 of Division 4.5 of, to add Sections
4520.5 and 4541 to, to repeal Sections 4543, 4547, 4560, and 4566 of,
and to repeal and add Sections 4545, 4546, 4548, 4551, 4553, and
4563 of, the Welfare and Institutions Code, relating to developmental
services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1595, Chesbro. State Council on Developmental Disabilities.
Existing federal law, the Developmental Disabilities Assistance
and Bill of Rights Act of 2000, 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.
Existing law establishes the State Council on Developmental
Disabilities to, among other things, serve as the state planning
council responsible for developing the California Developmental
Disabilities State Plan and monitoring and evaluating the
implementation of the plan. Existing law requires the council to
conduct activities related to meeting the objectives of the state
plan. Existing law requires these activities to include, among other
things, supporting and conducting technical assistance activities to
assist public and private entities to contribute to the objectives of
the state plan, and authorizes the activities to include, among
other things, supporting and conducting activities to assist
neighborhoods and communities to respond positively to individuals
with disabilities and their families.
This bill would revise the activities the council is authorized to
conduct to include, among other things, encouraging and assisting in
the establishment or strengthening of self-advocacy organizations
led by individuals with developmental disabilities and appoint an
authorized representative for persons with developmental
disabilities, as specified. The bill would make additional changes
relating to the activities of the council.
Existing law requires the Governor to appoint 31 voting members to
the council, including 13 members from the area boards and 7 members
at large. Existing law requires the Governor, prior to appointing
specified council members, to request and consider recommendations
from organizations representing, or providing services to, or both,
persons with developmental disabilities. Existing law also limits the
term of those members to 3 years.
This bill would instead require those 20 members of the council
to be nonagency members who reflect the socioeconomic, geographic,
disability, racial, ethnic, and language diversity of the state, and
who shall be individuals with a developmental disability, or their
parents, immediate relatives, guardians, or conservators residing in
California, as specified. The bill would additionally require the
Governor to consult with the current members, including the nonagency
members, of the council prior to appointing specified members and
would require those specified members to serve no more than 2 terms.
Existing law also establishes the area boards on developmental
disabilities to, among other things, conduct the local advocacy,
capacity building, and systemic change activities required by the
federal Developmental Disabilities Assistance and Bill of Rights Act
of 2000, and to assist the council on implementing provisions of the
act. Existing law requires area boards to locally assist the state
council with the implementation of specified federal provisions and
provides for the composition of area boards.
This bill would revise and recast the area boards as regional
offices or as regional advisory committees and would make the
establishment of the regional offices and the regional advisory
committees discretionary. The bill would require any regional offices
and regional advisory committees established to be constituted and
operated according to policies and procedures set by the state
council. The bill would require the regional advisory committees to,
upon the request of the state council, among other things, advise the
state council and its regional office on local issues and to
identify and provide input regarding local systemic needs within its
community. The bill would make conforming changes.
Existing law requires the state council chairperson to appoint an
executive director and to appoint an executive director for each area
board, as specified. Existing law requires the state council to have
responsibility for the selection, hiring, and supervision of all
state council personnel.
This bill would instead require the state council to appoint an
executive director and would instead require the state council,
through its executive director, to have responsibility for the
selection, hiring, and supervision of all state council personnel.
Existing law establishes the State Department of Developmental
Services and sets forth its powers and duties, including, but not
limited to, the administration of state developmental centers and the
administration and oversight of community programs providing
services to consumers with developmental disabilities and their
families. Existing law authorizes the department to contract with the
council for the purpose of utilizing area boards to provide clients'
rights advocacy services to individuals with developmental
disabilities who reside in state developmental centers and state
hospitals.
This bill would instead authorize the department to contract with
the council to provide clients' rights advocacy services to
individuals with developmental disabilities who reside in
developmental centers. The bill would make other conforming changes.
This bill would incorporate changes to Section 4629 of the Welfare
and Institutions Code proposed by both this bill and SB 1093, which
would become operative only if both bills are enacted and become
effective on or before January 1, 2015, and this bill is chaptered
last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4433 of the Welfare and Institutions Code is
amended to read:
4433. (a) The Legislature finds and declares all of the
following:
(1) 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.
(2) Persons with developmental disabilities are vulnerable to
abuse, neglect, and deprivations of their rights.
(3) 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.
(4) 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.
(b) (1) 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.
(2) Any contractor selected shall meet the following requirements:
(A) The contractor can demonstrate the capability to provide
statewide advocacy services to individuals with developmental
disabilities living in developmental centers and in the community.
(B) The contractor does not directly or indirectly provide
services to individuals with developmental disabilities, except
advocacy services.
(C) The contractor has knowledge of the service system,
entitlements, and service rights of persons receiving services from
regional centers and in state hospitals.
(D) The contractor can demonstrate the capability of coordinating
services with the protection and advocacy agency specified in
Division 4.7 (commencing with Section 4900).
(E) 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.
(c) 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.
(d) The contractor shall do all of the following:
(1) Provide clients' rights advocacy services to persons with
developmental disabilities who are consumers of 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.
(2) 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.
(3) 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.
(4) 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.
(5) Provide at least two self-advocacy trainings for consumers and
family members.
(e) 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).
(f) 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.
(g) 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.
SEC. 2. Section 4433.5 of the Welfare and Institutions Code is
amended to read:
4433.5. Notwithstanding Section 4433, the department may contract
with the State Council on Developmental Disabilities for the purpose
of providing clients' rights advocacy services to individuals with
developmental disabilities who reside in developmental centers.
SEC. 3. Section 4474.1 of the Welfare and Institutions Code is
amended to read:
4474.1. (a) Whenever 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.
(b) 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.
(c) 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, consumers 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.
(d) 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.
(e) 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.
(f) The plan submitted to the Legislature pursuant to this section
shall include all of the following:
(1) A description of the land and buildings affected.
(2) A description of existing lease arrangements at the
developmental center.
(3) The impact on residents and their families.
(4) Anticipated alternative placements for residents.
(5) The impact on regional center services.
(6) Where services will be obtained that, upon closure of the
developmental center, will no longer be provided by that facility.
(7) Potential job opportunities for developmental center employees
and other efforts made to mitigate the effect of the closure on
employees.
(8) The fiscal impact of the closure.
(9) The timeframe in which closure will be accomplished.
SEC. 4. Section 4478 of the Welfare and Institutions Code is
amended to read:
4478. (a) The chairperson of an advisory board advising a
developmental center shall meet annually with the developmental
center director, the regional center directors, and a representative
of the State Council on Developmental Disabilities.
(b) The chairpersons shall be allowed necessary expenses incurred
in attending these meetings.
(c) It is the intent of the Legislature that the department assist
the development of annual regional meetings required by this
section.
SEC. 5. Section 4520 of the Welfare and Institutions Code is
amended to read:
4520. (a) A State Council on Developmental Disabilities with
authority independent of any single state service agency is hereby
created.
(b) 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. 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.
(c) 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, consumer- and family-centered,
consumer- and family-directed, comprehensive system 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.
(d) 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:
(1) 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.
(2) 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.
(3) 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.
(e) (1) 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.
(2) 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.
(f) 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.
(g) 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.
SEC. 6. Section 4520.5 is added to the Welfare and Institutions
Code, to read:
4520.5. Notwithstanding any other law, the state council shall
determine the structure of its organization, as required by the
federal Developmental Disabilities Assistance and Bill of Rights Act
of 2000 (Public Law 106-402 (42 U.S.C. 15001 et seq.)).
SEC. 7. Section 4521 of the Welfare and Institutions Code is
amended to read:
4521. (a) (1) All references to "council" or "state council" in
this division shall be a reference to the State Council on
Developmental Disabilities.
(2) "Developmental disability," as used in this chapter, means a
developmental disability as defined in Section 15002(8) of Title 42
of the United State Code.
(b) There shall be 31 voting members on the state council
appointed by the Governor from among the residents of the state, as
follows:
(1) (A) 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:
(i) At least seven members shall be persons with developmental
disabilities.
(ii) At least seven members shall be a person who is a parent,
immediate relative, guardian, or conservator of a person with a
developmental disability.
(iii) 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 his or her immediate relative, guardian, or
conservator.
(B) 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
consumers and family members in the geographical area that he or she
is from.
(2) Eleven members of the council shall include the following:
(A) The Secretary of California Health and Human Services, or his
or her 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.
(B) The Director of Developmental Services or his or her designee.
(C) The Director of Rehabilitation or his or her designee.
(D) The Superintendent of Public Instruction or his or her
designee.
(E) A representative from a nongovernmental agency or group
concerned with the provision of services to persons with
developmental disabilities.
(F) 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 his or her designee. These individuals
shall have expertise in the field of developmental disabilities.
(G) The Director of Health Care Services or his or her designee.
(H) 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 his or her designee.
(I) The Director of the California Department of Aging or his or
her designee.
(c) 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.
(d) 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.
(e) A member may continue to serve following the expiration of his
or her 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.
SEC. 8. Section 4525 of the Welfare and Institutions Code is
amended to read:
4525. (a) 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.
(b) 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:
(1) A parent, relative, guardian or conservator, who receives
public funds expressly for the purpose of providing direct services
to his or her child, relative, ward or conservatee, respectively, who
is a person with a developmental disability.
(2) 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 his or her own
services and supports.
(3) A person who serves as a member of a regional advisory
committee of the state council, established pursuant to Article 6.
(c) 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.
SEC. 9. The heading of Article 3 (commencing with Section 4530) of
Chapter 2 of Division 4.5 of the Welfare and Institutions Code is
amended to read:
Article 3. Designated State Agency
SEC. 10. Section 4530 of the Welfare and Institutions Code is
amended to read:
4530. (a) The California Health and Human Services Agency shall
be the designated state agency for support to the state council. The
agency secretary shall ensure the state council is provided efficient
accounting, financial management, personnel, and other reasonable
support services when requested by the council in the performance of
its mandated responsibilities.
(b) The designation of the California Health and Human Services
Agency shall not limit the council's scope of concern to health
programs or limit the council's responsibilities or functions
regarding all other pertinent state and local programs, as defined in
Article 5 (commencing with Section 4540) of this chapter.
(c) The designation of the California Health and Human Services
Agency shall not interfere in any way with the provisions of Section
4552 requiring all personnel employed by the council to be solely
responsible, organizationally and administratively, to the council.
SEC. 11. Section 4535 of the Welfare and Institutions Code is
amended to read:
4535. (a) 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.
(b) 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.
(c) 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.
(d) When convening any task force or advisory group, the state
council shall make its best effort to ensure representation by
consumers and family members representing the state's multicultural
diversity.
SEC. 12. Section 4540 of the Welfare and Institutions Code is
amended to read:
4540. The state council, established pursuant to the federal
Developmental Disabilities Assistance and Bill of Rights Act of 2000
(Public Law 106-402 (42 U.S.C. 15001 et seq.)), shall do all of the
following:
(a) Serve as an advocate for individuals with developmental
disabilities and, through council members, staff, consultants, and
contractors and grantees, conduct advocacy, capacity building, and
systemic change activities.
(b) Develop and implement the state plan in accordance with
requirements issued by the United States Secretary of Health and
Human Services, monitor and evaluate the implementation of this plan,
and submit reports as the United States Secretary of Health and
Human Services may reasonably request. The state council may review
and comment on other plans and programs in the state affecting
individuals with developmental disabilities.
(c) Serve as the official agency responsible for planning the
provision of the federal funds allotted to the state under Public Law
106-402 (42 U.S.C. Sec. 15001 et seq.), by conducting and supporting
advocacy, capacity building, and systemic change activities. The
council may itself conduct these activities and may provide grant
funding to local agencies in compliance with applicable state and
federal law, for those same purposes.
(d) Prepare and approve a budget, for the use of amounts paid to
the state to hire any staff and to obtain the services of any
professional, technical, or clerical personnel consistent with state
and federal law, as the council determines to be necessary to carry
out its functions.
(e) To the extent that resources are available, implement the
state plan by conducting activities including, but not limited to,
all of the activities specified in paragraphs (1) to (11), inclusive.
(1) Encouraging and assisting in the establishment or
strengthening of self-advocacy organizations led by individuals with
developmental disabilities.
(2) Supporting and conducting geographically based outreach
activities to identify individuals with developmental disabilities
and their families who otherwise might not come to the attention of
the council and assist and enable the individuals and families to
obtain services, individualized supports, and other forms of
assistance, including access to special adaptation of generic
community services or specialized services.
(3) Supporting and conducting training for persons who are
individuals with developmental disabilities, their families, and
personnel, including professionals, paraprofessionals, students,
volunteers, and other community members, to enable those persons to
obtain access to, or to provide, community services, individualized
supports, and other forms of assistance, including special adaptation
of generic community services or specialized services for
individuals with developmental disabilities and their families.
(4) Supporting and conducting technical assistance
activities to assist public and private entities to contribute to the
objectives of the state plan.
(5) Supporting and conducting activities to assist neighborhoods
and communities to respond positively to individuals with
developmental disabilities and their families.
(6) Supporting and conducting activities to promote interagency
collaboration and coordination at the state and local levels to
better serve, support, assist, or advocate for individuals with
developmental disabilities and their families.
(7) Coordinating with related councils, committees, and programs
to enhance coordination of services.
(8) Supporting and conducting activities to eliminate barriers to
access and use of community services by individuals with
disabilities, enhance systems design and redesign, and enhance
citizen participation to address issues identified in the state plan.
(9) Supporting and conducting activities to educate the public
about the capabilities, preferences, and needs of individuals with
developmental disabilities and their families, and to develop and
support coalitions that support the policy agenda of the council,
including training in self-advocacy, education of policymakers, and
citizen leadership roles.
(10) Supporting and conducting activities to provide information
to policymakers by supporting and conducting studies and analyses,
gathering information, and developing and disseminating model
policies and procedures, information, approaches, strategies,
findings, conclusions, and recommendations. The council may provide
the information directly to federal, state, and local policymakers,
including the Congress of the United States, the federal executive
branch, the Governor, the Legislature, and state agencies in order to
increase the abilities of those policymakers to offer opportunities
and enhance or adapt generic services to meet the needs of, or
provide specialized services to, individuals with developmental
disabilities and their families.
(11) Supporting, on a time-limited basis, activities to
demonstrate new approaches to serving individuals with developmental
disabilities that are a part of an overall strategy for systemic
change.
(f) Prepare an annual written report of its activities, its
recommendations, and an evaluation of the efficiency of the
administration of this division to the Governor and the Legislature.
This report shall include both the statewide and regional activities
of the state council. This report shall be submitted to the
Legislature in accordance with Section 9795 of the Government Code.
(g) Except as otherwise provided in this division, the state
council shall not engage in the administration of the day-to-day
operation of service programs identified in the state plan, nor in
the financial management and accounting of funds.
SEC. 13. Section 4541 is added to the Welfare and Institutions
Code, immediately following Section 4540, to read:
4541. 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:
(a) Appointing an authorized representative for persons with
developmental disabilities according to all of the following:
(1) 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 his or
her desires and in making decisions and advocating his or her needs,
preferences, and choices, when the person with developmental
disabilities has no parent, guardian, or conservator legally
authorized to represent him or her 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.
(2) 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.
(3) 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.
(b) 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.
(c) 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.
(d) Reviewing and commenting on pertinent portions of the proposed
plans and budgets of all state agencies serving persons with
developmental disabilities including, but not be 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.
(e) (1) 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.
(2) 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.
(3) 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.
(4) The state council may take any action it deems necessary to
resolve the problem.
(f) Reviewing and publicly commenting on significant regulations
proposed to be promulgated by any state agency in the implementation
of this division.
(g) Monitoring and evaluating the effectiveness of appeals
procedures established in this division.
(h) Providing testimony to legislative committees reviewing fiscal
or policy matters pertaining to persons with developmental
disabilities.
(i) 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.
(j) 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.
SEC. 14. The heading of Article 6 (commencing with Section 4543)
of Chapter 2 of Division 4.5 of the Welfare and Institutions Code is
amended to read:
Article 6. State Council Regional Offices and Advisory
Committees
SEC. 15. Section 4543 of the Welfare and Institutions Code is
repealed.
SEC. 16. Section 4544 of the Welfare and Institutions Code is
amended to read:
4544. (a) (1) The state council may establish regional offices
that are accessible to and responsive to the diverse geographic,
ethnic, and language needs of consumers 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.
(2) 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.
(b) 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.
(c) 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.
(d) 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.
SEC. 17. Section 4545 of the Welfare and Institutions Code is
repealed.
SEC. 18. Section 4545 is added to the Welfare and Institutions
Code, to read:
4545. The state council may periodically review the number and
geographic boundaries of regional offices needed to effectively
implement this division, by methods including, but not limited to,
conducting public hearings in affected regions and seeking input from
regional advisory committees, persons with developmental
disabilities, family members, service providers, advocates, and other
interested parties. Public notice shall be provided at least 120
days before any changes in the number of or boundaries of regional
offices.
SEC. 19. Section 4546 of the Welfare and Institutions Code is
repealed.
SEC. 20. Section 4546 is added to the Welfare and Institutions
Code, to read:
4546. The membership of any regional advisory committees
established or continued by the state council prior to January 1,
2015, shall, upon expiration of the terms of individuals who are
members of those committees on January 1, 2015, be determined through
policies and procedures established by the council.
SEC. 21. Section 4547 of the Welfare and Institutions Code is
repealed.
SEC. 22. Section 4548 of the Welfare and Institutions Code is
repealed.
SEC. 23. Section 4548 is added to the Welfare and Institutions
Code, to read:
4548. Any regional advisory committee established shall, at the
request of the state council, do all of the following:
(a) Advise the state council and its regional office on local
issues and identify and provide input regarding local systemic needs
within its community.
(b) Provide input and be a source of data for the state council to
consider in the formulation of the state plan.
(c) Provide public information programs for consumers, families,
professional groups, and for the general public to increase
professional and public awareness of areas identified in the state
plan.
(d) Engage in other activities as requested by the state council.
SEC. 24. The heading of Article 7 (commencing with Section 4550)
of Chapter 2 of Division 4.5 of the Welfare and Institutions Code is
amended to read:
Article 7. State Council Costs and Support Services
SEC. 25. Section 4550 of the Welfare and Institutions Code is
amended to read:
4550. The state council's operating costs may include honoraria
for state council members and actual and necessary expenses for state
council members and regional advisory committee members, as
described in this article, and other administrative, professional,
and secretarial support services necessary to the operation of the
state council. Federal developmental disability funds received by the
state under Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.), shall
be allotted in any one year for these operating costs. Each member
of the state council shall receive one hundred dollars ($100) per day
for each full day of work performed directly related to council
business, not to exceed 50 days in any fiscal year, and shall be
reimbursed for any actual and necessary expenses incurred in
connection with the performance of their duties under this division.
SEC. 26. Section 4551 of the Welfare and Institutions Code is
repealed.
SEC. 27. Section 4551 is added to the Welfare and Institutions
Code, to read:
4551. (a) 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.
(b) 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.
(c) 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 he or she resigns or is
terminated from employment.
(d) 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.
(e) 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
his or her 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.
SEC. 28. Section 4552 of the Welfare and Institutions Code is
amended to read:
4552. The state council may contract for additional assistance
with any public or private agency or individual to carry out
planning, monitoring, evaluation, and other responsibilities under
this division. In order to comply with Public Law 106-402 (42 U.S.C.
Sec. 15001 et seq.) regulations, all personnel employed by the state
council shall be solely responsible, organizationally and
administratively, to the state council. The state council, through
its executive director, shall have responsibility for the selection,
hiring, and supervision of all its personnel.
SEC. 29. Section 4553 of the Welfare and Institutions Code is
repealed.
SEC. 30. Section 4553 is added to the Welfare and Institutions
Code, to read:
4553. To the extent provided in Public Law 106-402 (42 U.S.C.
Sec. 15001 et seq.), the state council shall have full authority on
how it uses its funds for implementation of the state plan, including
establishing, maintaining, and operating any regional offices.
SEC. 31. Section 4560 of the Welfare and Institutions Code is
repealed.
SEC. 32. Section 4561 of the Welfare and Institutions Code is
amended to read:
4561. (a) A state plan shall be prepared by the state council not
less often than once every five years, and shall be reviewed and
revised, as necessary, on an annual basis. All references in this
part to "state plan" shall be references to the state plan described
by Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.).
(b) The state plan shall include, but not be limited to, all state
plan requirements contained in subtitles A and B of Title I of
Public Law 106-402 (42 U.S.C. Sec. 15001 et seq.), or requirements
established by the United States Secretary of Health and Human
Services.
SEC. 33. Section 4562 of the Welfare and Institutions Code is
amended to read:
4562. (a) The state council shall conduct activities necessary to
develop and implement the state plan in the various regions of the
state.
(b) The state plan and its implementation shall be responsive to
the needs of the state's diverse geographic, racial, ethnic, and
language communities.
(c) 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.
(d) The purpose of the plan shall be to ensure a coordinated and
comprehensive system of community services and supports that is
consumer and family centered and consumer and family directed, 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.
SEC. 34. Section 4563 of the Welfare and Institutions Code is
repealed.
SEC. 35. Section 4563 is added to the Welfare and Institutions
Code, to read:
4563. The state council shall assess the extent to which
services, supports, and other forms of assistance are available to
individuals with developmental disabilities and their families
throughout the state and for the diverse populations of the state.
The state council shall develop goals and objectives, based on the
identified needs and priorities, to be included in the state plan.
SEC. 36. Section 4564 of the Welfare and Institutions Code is
amended to read:
4564. The state council shall conduct public hearings on the
state plan and related budgetary issues prior to submission of the
plan pursuant to Section 4565.
SEC. 37. Section 4565 of the Welfare and Institutions Code is
amended to read:
4565. (a) The state plan shall be given to the Governor, the
Secretary of the California Health and Human Services Agency, the
University Centers for Excellence in Developmental Disabilities
established pursuant to the federal Developmental Disabilities
Assistance and Bill of Rights Act of 2000, the protection and
advocacy agency designated by the Governor to fulfill the
requirements and assurances of the federal Developmental Disabilities
Assistance and Bill of Rights Act of 2000, and the Superintendent of
Public Instruction for review and comment prior to its submission by
the chairperson of the state council to the United States Secretary
of Health and Human Services.
(b) Copies of the state plan shall be provided, no later than
November 1 of each year, to the Director of Finance and to the
Legislature for guidance in the development of the Governor's Budget
and legislative review of the budget, and for guidance in other
legislation pertaining to programs for persons with developmental
disabilities.
SEC. 38. Section 4566 of the Welfare and Institutions Code is
repealed.
SEC. 39. Section 4626 of the Welfare and Institutions Code is
amended to read:
4626. (a) 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 the regional
center consumers 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, its consumers, or its mission.
(b) 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:
(1) An employee of the State Department of Developmental Services
or any state or local agency that provides services to a regional
center consumer, if employed in a capacity which includes
administrative or policymaking responsibility, or responsibility for
the regulation of the regional center.
(2) An employee or a member of the state council or a state
council regional advisory committee.
(3) 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 consumer services.
(4) Any person who has a financial interest, as defined in Section
87103 of the Government Code, in regional center operations, except
as a consumer of regional center services.
(c) 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.
(d) 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.
(e) 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.
(f) 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 his
or her 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 his or her respective regional center within 30 days
of assuming the position.
(g) 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.
(h) 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.
(i) 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.
(j) 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.
(k) 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.
(l) 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.
SEC. 40. Section 4628 of the Welfare and Institutions Code is
amended to read:
4628. If, for good reason, a contracting agency is unable to meet
all the criteria for a governing board established in this chapter,
the director may waive those criteria for a period of time, not to
exceed one year, with the approval of the state council.
SEC. 41. Section 4629 of the Welfare and Institutions Code is
amended to read:
4629. (a) The state shall enter into five-year contracts with
regional centers, subject to the annual appropriation of funds by the
Legislature.
(b) The contracts shall include a provision requiring each
regional center to render services in accordance with applicable
provision of state laws and regulations.
(c) (1) The contracts shall include annual performance objectives
that shall do both of the following:
(A) Be specific, measurable, and designed to do all of the
following:
(i) Assist consumers to achieve life quality outcomes.
(ii) Achieve meaningful progress above the current baselines.
(iii) Develop services and supports identified as necessary to
meet identified needs.
(B) Be developed through a public process as described in the
department's guidelines that includes, but is not limited to, all of
the following:
(i) 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.
(ii) Conducting a public meeting where participants can provide
input on performance objectives and using focus groups or surveys to
collect information from the community.
(iii) 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.
(2) 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.
(d) 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:
(1) Incentives that encourage regional centers to meet or exceed
performance standards.
(2) 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 which 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 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.
(e) 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:
(1) 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.
(2) 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:
(A) The regional center's public process for compliance with the
procedures set forth in paragraph (2) of subdivision (c).
(B) Each regional center's performance objectives for compliance
with the criteria set forth in paragraph (1) of subdivision (c).
(C) 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.
(f) The renewal of each contract shall be contingent upon
compliance with the contract including, but not limited to, the
performance objectives, as determined through the department's
evaluation.
SEC. 41.5. Section 4629 of the Welfare and Institutions Code is
amended to read:
4629. (a) The state shall enter into five-year contracts with
regional centers, subject to the annual appropriation of funds by the
Legislature.
(b) The contracts shall include a provision requiring each
regional center to render services in accordance with applicable
provision of state laws and regulations.
(c) (1) The contracts shall include annual performance objectives
that shall do both of the following:
(A) Be specific, measurable, and designed to do all of the
following:
(i) Assist consumers to achieve life quality outcomes.
(ii) Achieve meaningful progress above the current baselines.
(iii) Develop services and supports identified as necessary to
meet identified needs, including culturally and linguistically
appropriate services and supports.
(B) Be developed through a public process as described in the
department's guidelines that includes, but is not limited to, all of
the following:
(i) 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.
(ii) Conducting a public meeting where participants can provide
input on performance objectives and using focus groups or surveys to
collect information from the community.
(iii) 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.
(2) 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.
(d) 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:
(1) Incentives that encourage regional centers to meet or exceed
performance standards.
(2) 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 which 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.
(e) 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:
(1) 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.
(2) 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:
(A) The regional center's public process for compliance with the
procedures set forth in paragraph (2) of subdivision (c).
(B) Each regional center's performance objectives for compliance
with the criteria set forth in paragraphs (1) and (2) of subdivision
(c).
(C) 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.
(f) The renewal of each contract shall be contingent upon
compliance with the contract including, but not limited to, the
performance objectives, as determined through the department's
evaluation.
SEC. 42. Section 4635 of the Welfare and Institutions Code is
amended to read:
4635. (a) If any 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 any 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.
(b) (1) If the department finds that any 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.
(2) 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 consumer
information 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.
(c) If the department finds that any 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.
(d) 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 regional center's consumers, 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).
(e) 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:
(1) Notify the State Council on Developmental Disabilities, all
personnel employed by the regional center, all service providers to
the regional center, and all consumers of 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.
(2) 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.
(3) 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.
(4) 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 clients of the service
program.
(f) In no event shall the procedures for termination or nonrenewal
of a regional center contract 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.
SEC. 43. Section 4640.6 of the Welfare and Institutions Code is
amended to read:
4640.6. (a) In approving regional center contracts, the
department shall ensure that regional center staffing patterns
demonstrate that direct service coordination are the highest
priority.
(b) 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
consumer, or individual acting on behalf of a consumer, 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.
(c) Contracts between the department and regional centers shall
require regional centers to have service coordinator-to-consumer
ratios, as follows:
(1) An average service coordinator-to-consumer ratio of 1 to 62
for all consumers who have not moved from the developmental centers
to the community since April 14, 1993. In no case shall a service
coordinator for these consumers have an assigned caseload in excess
of 79 consumers for more than 60 days.
(2) An average service coordinator-to-consumer ratio of 1 to 45
for all consumers who have moved from a developmental center to the
community since April 14, 1993. In no case shall a service
coordinator for these consumers have an assigned caseload in excess
of 59 consumers for more than 60 days.
(3) Commencing January 1, 2004, the following
coordinator-to-consumer ratios shall apply:
(A) All consumers three years of age and younger and for consumers
enrolled in the Home and Community-based Services Waiver program for
persons with developmental disabilities, an average service
coordinator-to-consumer ratio of 1 to 62.
(B) All consumers 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-consumer ratio of 1 to 62.
(C) All consumers 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-consumer ratio of 1 to 66.
(4) For purposes of paragraph (3), service coordinators may have a
mixed caseload of consumers three years of age and younger,
consumers enrolled in the Home and Community-based Services Waiver
program for persons with developmental disabilities, and other
consumers if the overall average caseload is weighted proportionately
to ensure that overall regional center average service
coordinator-to-consumer ratios as specified in paragraph (3) are met.
For purposes of paragraph (3), in no case shall a service
coordinator have an assigned caseload in excess of 84 for more than
60 days.
(d) For purposes of this section, "service coordinator" means a
regional center employee whose primary responsibility includes
preparing, implementing, and monitoring consumers' individual program
plans, securing and coordinating consumer services and supports, and
providing placement and monitoring activities.
(e) 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:
(1) 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 consumers served.
(2) Be reported separately for service coordinators whose caseload
includes any of the following:
(A) Consumers who are three years of age and older and who have
not moved from the developmental center to the community since April
14, 1993.
(B) Consumers who have moved from a developmental center to the
community since April 14, 1993.
(C) Consumers who are younger than three years of age.
(D) Consumers enrolled in the Home and Community-based Services
Waiver program.
(3) 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.
(4) For purposes of calculating caseload ratios for consumers
enrolled in the Home and Community-based Services Waiver program,
vacancies shall not be included in the calculations.
(f) 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 consumers,
family members, regional center employees, including recognized labor
organizations, and service providers, and other interested parties.
(g) Contracts between the department and regional center shall
require the regional center to have, or contract for, all of the
following areas:
(1) Criminal justice expertise to assist the regional center in
providing services and support to consumers involved in the criminal
justice system as a victim, defendant, inmate, or parolee.
(2) Special education expertise to assist the regional center in
providing advocacy and support to families seeking appropriate
educational services from a school district.
(3) Family support expertise to assist the regional center in
maximizing the effectiveness of support and services provided to
families.
(4) Housing expertise to assist the regional center in accessing
affordable housing for consumers in independent or supportive living
arrangements.
(5) Community integration expertise to assist consumers and
families in accessing integrated services and supports and improved
opportunities to participate in community life.
(6) 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.
(7) Each regional center shall employ at least one consumer
advocate who is a person with developmental disabilities.
(8) 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
consumers and families are met.
(h) 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 consumers 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, consumers, 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, consumers, 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 consumers 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.
(i) From February 1, 2009, to June 30, 2010, inclusive, the
following shall not apply:
(1) The service coordinator-to-consumer ratio requirements of
paragraph (1), and subparagraph (C) of paragraph (3), of subdivision
(c).
(2) The requirements of subdivision (e). The regional centers
shall, instead, maintain sufficient service coordinator caseload data
to document compliance with the service coordinator-to-consumer
ratio requirements in effect pursuant to this section.
(3) The requirements of paragraphs (1) to (6), inclusive, of
subdivision (g).
(j) From July 1, 2010, until June 30, 2013, the following shall
not apply:
(1) The service coordinator-to-consumer ratio requirements of
paragraph (1), and subparagraph (C) of paragraph (3), of subdivision
(c).
(2) The requirements of paragraphs (1) to (6), inclusive, of
subdivision (g).
(k) (1) 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.
(2) Notwithstanding paragraph (1), the social security number of
the contracting party may not be disclosed.
(3) 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.
SEC. 44. Section 4646 of the Welfare and Institutions Code is
amended to read:
4646. (a) It is the intent of the Legislature to ensure 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,
where appropriate, as well as promoting community integration,
independent, productive, and normal lives, and stable and healthy
environments. It is the further intent of the Legislature to ensure
that the provision of services to consumers and their families be
effective in meeting the goals stated in the individual program plan,
reflect the preferences and choices of the consumer, and reflect the
cost-effective use of public resources.
(b) The individual program plan is developed through a process of
individualized needs determination. The individual with developmental
disabilities and, where appropriate, his or her parents, legal
guardian or conservator, or
authorized representative, shall have the opportunity to
actively participate in the development of the plan.
(c) 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 consumer and, where appropriate, his
or her parents, legal guardian or conservator, or authorized
representative, 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.
(d) Individual program plans shall be prepared jointly by the
planning team. Decisions concerning the consumer's goals, objectives,
and services and supports that will be included in the consumer's
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 consumer or, where
appropriate, the parents, legal guardian, conservator, or authorized
representative at the program plan meeting.
(e) Regional centers shall comply with the request of a consumer,
or when appropriate, the request of his or her parents, legal
guardian, conservator, or authorized representative, that a
designated representative receive written notice of all meetings to
develop or revise his or her individual program plan and of all
notices sent to the consumer pursuant to Section 4710. The designated
representative may be a parent or family member.
(f) If a final agreement regarding the services and supports to be
provided to the consumer 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 consumer or, when
appropriate, the parents, legal guardian, conservator, or authorized
representative or when agreed to by the planning team. Additional
program plan meetings may be held with the agreement of the regional
center representative and the consumer or, where appropriate, the
parents, legal guardian, conservator, or authorized representative.
(g) An authorized representative of the regional center and the
consumer or, when appropriate, his or her parent, legal guardian,
conservator, or authorized representative shall sign the individual
program plan prior to its implementation. If the consumer or, when
appropriate, his or her parent, legal guardian, conservator, or
authorized representative, does not agree with all components of the
plan, he or she 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 consumer or,
when appropriate, his or her parent, legal guardian, conservator, or
authorized representative. If the consumer or, when appropriate, his
or her parent, legal guardian, conservator, or authorized
representative, does not agree with the plan in whole or in part, he
or she shall be sent written notice of the fair hearing rights, as
required by Section 4701.
(h) (1) A regional center shall communicate in the consumer's
native language, or, when appropriate, the native language of his or
her family, legal guardian, conservator, or authorized
representative, 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 11139.7, inclusive, of the Government Code and
implementing regulations.
(2) A regional center shall provide alternative communication
services, including providing a copy of the individual program plan
in the native language of the consumer or his or her family, legal
guardian, conservator, or authorized representative, or both, as
required by Sections 11135 to 11139.7, inclusive, of the Government
Code and implementing regulations.
(3) The native language of the consumer or his or her family,
legal guardian, conservator, or authorized representative, or both,
shall be documented in the individual program plan.
SEC. 45. Section 4646.5 of the Welfare and Institutions Code is
amended to read:
4646.5. (a) The planning process for the individual program plan
described in Section 4646 shall include all of the following:
(1) 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
consumer, his or her parents and other family members, his or her
friends, advocates, authorized representative, if applicable,
providers of services and supports, and other agencies. The
assessment process shall reflect awareness of, and sensitivity to,
the lifestyle and cultural background of the consumer and the family.
(2) 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 his or her 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 consumer to develop relationships, be
part of community life in the areas of community participation,
housing, work, school, and leisure, increase control over his or her
life, acquire increasingly positive roles in community life, and
develop competencies to help accomplish these goals.
(3) When 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.
(4) When 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).
(5) 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.
(6) When agreed to by the consumer, the parents, legally appointed
guardian, or authorized representative of a minor consumer, or the
legally appointed conservator of an adult consumer 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
consumer's physician, as appropriate. Documentation of health status
and referrals shall be made in the consumer's record by the service
coordinator.
(7) (A) The development of a transportation access plan for a
consumer when all of the following conditions are met:
(i) 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
consumer to and from day or work services.
(ii) The planning team has determined that a consumer's community
integration and participation could be safe and enhanced through the
use of public transportation services.
(iii) The planning team has determined that generic transportation
services are available and accessible.
(B) To maximize independence and community integration and
participation, the transportation access plan shall identify the
services and supports necessary to assist the consumer 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.
(8) 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 consumers
and families are satisfied with the individual program plan and its
implementation.
(b) 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 consumer or, where appropriate, the consumer's
parents, legal guardian, authorized representative, or conservator
requests an individual program plan review, the individual program
shall be reviewed within 30 days after the request is submitted.
(c) (1) The department, with the participation of representatives
of a statewide consumer organization, 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.
(2) Each regional center shall use the training materials and
format prepared by the department pursuant to paragraph (1).
(3) 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.
SEC. 46. Section 4648 of the Welfare and Institutions Code is
amended to read:
4648. In order to achieve the stated objectives of a consumer's
individual program plan, the regional center shall conduct
activities, including, but not limited to, all of the following:
(a) Securing needed services and supports.
(1) It is the intent of the Legislature that services and supports
assist individuals with developmental disabilities in achieving the
greatest self-sufficiency possible and in exercising personal
choices. The regional center shall secure services and supports that
meet the needs of the consumer, as determined in the consumer's
individual program plan, and within the context of the individual
program plan, the planning team shall give highest preference to
those services and supports which 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 consumers to interact with
persons without disabilities in positive, meaningful ways.
(2) 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 consumer and, where appropriate, his or her family.
(3) A regional center may, pursuant to vendorization or a
contract, purchase services or supports for a consumer from any
individual or agency that the regional center and consumer or, when
appropriate, his or her parents, legal guardian, or conservator, or
authorized representatives, determines will best accomplish all or
any part of that consumer's program plan.
(A) 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.
(B) A regional center may reimburse an individual or agency for
services or supports provided to a regional center consumer 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.
(C) 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 regional center consumer through a
vendor; requirements for emergency vendorization; procedures for
termination of vendorization; the procedure for an individual or an
agency to appeal any vendorization decision made by the department or
regional center.
(D) 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.
(E) 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.
(4) Notwithstanding subparagraph (B) of paragraph (3), a regional
center may contract or issue a voucher for services and supports
provided to a consumer 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, any
provider of the service or support necessary to implement a consumer'
s 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.
(5) 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 a consumers'
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 consumers and provide quality services and supports in the
least restrictive setting as required by law.
(6) The regional center and the consumer, or when appropriate, his
or her parents, legal guardian, conservator, or authorized
representative, 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 consumer
services and supports:
(A) A provider's ability to deliver quality services or supports
that can accomplish all or part of the consumer's individual program
plan.
(B) A provider's success in achieving the objectives set forth in
the individual program plan.
(C) Where appropriate, the existence of licensing, accreditation,
or professional certification.
(D) 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 consumer's individual program plan, consistent with the
particular needs of the consumer 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 consumer shall not be required to use the
least costly provider if it will result in the consumer moving from
an existing provider of services or supports to more restrictive or
less integrated services or supports.
(E) The consumer's choice of providers, or, when appropriate, the
consumer's parent's, legal guardian's, authorized representative's,
or conservator's choice of providers.
(7) No service or support provided by any agency or individual
shall be continued unless the consumer or, when appropriate, his or
her parents, legal guardian, or conservator, or authorized
representative, 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
consumer or, when appropriate, the person's parents or legal guardian
or conservator agree that planned services and supports have been
provided, and reasonable progress toward objectives have been made.
(8) Regional center funds shall not be used to supplant the budget
of any agency that has a legal responsibility to serve all members
of the general public and is receiving public funds for providing
those services.
(9) (A) 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 consumers 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.
(B) 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 shall not apply to any of the following:
(i) 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.
(ii) A residential facility service provider that has a written
agreement and specific plan prior to July 1, 2012, with the vendoring
regional center to downsize the existing facility by transitioning
its residential services to living arrangements of 15 beds or less or
restructure the large facility to meet federal Medicaid eligibility
requirements on or before June 30, 2013.
(iii) A residential facility licensed as a mental health
rehabilitation center by the State Department of Mental Health or
successor agency under any of the following circumstances:
(I) The facility is eligible for Medicaid reimbursement.
(II) The facility has a department-approved plan in place by June
30, 2013, to transition to a program structure eligible for federal
Medicaid funding, and this transition will be completed by June 30,
2014. The department may grant an extension for the date by which the
transition will be completed if the facility demonstrates that it
has made significant progress toward transition, and states with
specificity the timeframe by which the transition will be completed
and the specified steps that will be taken to accomplish the
transition. A regional center may pay for the costs of care and
treatment of a consumer residing in the facility on June 30, 2012,
until June 30, 2013, inclusive, and, if the facility has a
department-approved plan in place by June 30, 2013, may continue to
pay the costs under this subparagraph until June 30, 2014, or until
the end of any period during which the department has granted an
extension.
(III) There is an emergency circumstance in which the regional
center determines that it cannot locate alternate federally eligible
services to meet the consumer's needs. Under such 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 consumer 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
consumer 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. In no
event shall placements under these emergency circumstances exceed 180
days.
(C) (i) Effective July 1, 2012, notwithstanding any other law or
regulation, a regional center shall not purchase new residential
services from, or place a consumer 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.
(ii) The prohibition described in clause (i) shall not apply to
emergencies, as determined by the regional center, when a regional
center cannot locate alternate services to meet the consumer's needs.
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
consumer 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 consumer 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.
(iii) To the extent feasible, prior to any admission, the regional
center shall consider resource options identified by the statewide
specialized resource service established pursuant to subdivision (b)
of Section 4418.25.
(iv) 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 consumer objects on his or her 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 prior to the meeting.
(v) Regional centers shall complete a comprehensive assessment of
any consumer residing in an institution for mental disease as of July
1, 2012, for which federal Medicaid funding is not available, and
for any consumer residing in an institution for mental disease as of
July 1, 2013, without regard to federal funding. The comprehensive
assessment shall be completed prior to the consumer's next scheduled
individual program plan meeting and shall include identification of
the services and supports needed and the timeline for identifying or
developing those services needed to transition the consumer 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 consumer objects on his or
her 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 prior to the meeting.
(D) 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, when necessary to meet the
communication needs of
consumers.
(E) Consumers 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.
(10) 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 his or her living arrangement of
choice, with all necessary supports, as soon as possible.
(11) 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 which would result in greater self-sufficiency
for the consumer and cost-effectiveness to the state.
(12) When facilitation as specified in an individual program plan
requires the services of an individual, the facilitator shall be of
the consumer's choosing.
(13) 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:
(A) Outreach and education to programs and services within the
community.
(B) Direct support to individuals that would enable them to more
fully participate in their community.
(C) Developing unpaid natural supports when possible.
(14) When feasible and recommended by the individual program
planning team, for purposes of facilitating better and cost-effective
services for consumers or family members, technology, including
telecommunication technology, may be used in conjunction with other
services and supports. Technology in lieu of a consumer's in-person
appearances at judicial proceedings or administrative due process
hearings may be used only if the consumer or, when appropriate, the
consumer's parent, legal guardian, conservator, or authorized
representative, gives informed consent. Technology may be used in
lieu of, or in conjunction with, in-person training for providers, as
appropriate.
(15) Other services and supports may be provided as set forth in
Sections 4685, 4686, 4687, 4688, and 4689, when necessary.
(16) 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 regional center consumers 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.
(b) (1) Advocacy for, and protection of, the civil, legal, and
service rights of persons with developmental disabilities as
established in this division.
(2) Whenever the advocacy efforts of a regional center to secure
or protect the civil, legal, or service rights of any of its
consumers prove ineffective, the regional center or the person with
developmental disabilities or his or her parents, legal guardian, or
other representative may request advocacy assistance from the state
council.
(c) The regional center may assist consumers and families
directly, or through a provider, in identifying and building circles
of support within the community.
(d) In order to increase the quality of community services and
protect consumers, the regional center shall, when appropriate, take
either of the following actions:
(1) Identify services and supports that are ineffective or of poor
quality and provide or secure consultation, training, or technical
assistance services for any agency or individual provider to assist
that agency or individual provider in upgrading the quality of
services or supports.
(2) 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.
(e) When 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:
(1) Soliciting an individual or agency by requests for proposals
or other means, to provide needed services or supports not presently
available.
(2) 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.
(3) Using creative and innovative service delivery models,
including, but not limited to, natural supports.
(f) 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 its consumers.
(g) When there are identified gaps in the system of services and
supports or when there are identified consumers for whom no provider
will provide services and supports contained in his or her individual
program plan, the department may provide the services and supports
directly.
(h) At least annually, regional centers shall provide the
consumer, his or her 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.
SEC. 47. Section 4649 of the Welfare and Institutions Code is
amended to read:
4649. Regional centers shall cooperate with the state council in
joint efforts to inform the public of services available to persons
with developmental disabilities and of their unmet needs, provide
materials and education programs to community groups and agencies
with interest in, or responsibility for, persons with developmental
disabilities, and develop resource materials, if necessary,
containing information about local agencies, facilities, and service
providers offering services to persons with developmental
disabilities.
SEC. 48. Section 4650 of the Welfare and Institutions Code is
amended to read:
4650. Regional centers shall be responsible for developing an
annual plan and program budget to be submitted to the director no
later than September 1 of each fiscal year. An information copy shall
be submitted to the state council by the same date.
SEC. 49. Section 4659 of the Welfare and Institutions Code is
amended to read:
4659. (a) Except as otherwise provided in subdivision (b) or (e),
the regional center shall identify and pursue all possible sources
of funding for consumers receiving regional center services. These
sources shall include, but not be limited to, both of the following:
(1) 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.
(2) Private entities, to the maximum extent they are liable for
the cost of services, aid, insurance, or medical assistance to the
consumer.
(b) 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.
(c) 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 Support
Services, California Children's Services, private insurance, or a
health care service plan when a consumer 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 a consumer's individual program plan (IPP), the prohibition
shall take effect on October 1, 2009.
(d) (1) Effective July 1, 2009, notwithstanding any other law or
regulation, a regional center shall not purchase medical or dental
services for a consumer 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 consumer or family of the
denial does not have merit. If, on July 1, 2009, a regional center is
purchasing the service as part of a consumer's IPP, this provision
shall take effect on August 1, 2009. Regional centers may pay for
medical or dental services during the following periods:
(A) While coverage is being pursued, but before a denial is made.
(B) 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.
(C) Until the commencement of services by Medi-Cal, private
insurance, or a health care service plan.
(2) When necessary, the consumer 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.
(e) 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.
(f) 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:
(1) 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.
(2) 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.
SEC. 50. Section 4662 of the Welfare and Institutions Code is
amended to read:
4662. In the case of an emergency situation involving matters
upon which prompt action is necessary due to the disruption or
threatened disruption of regional center services, an emergency
meeting may be called without complying with the advanced notice
requirement of Section 4661. For the purposes of this article,
"emergency situation" means any activity which severely impairs
public health, safety, or both, as determined by a majority of the
members of the regional center board. In these situations, advance
notice shall be provided if practicable. In addition, the state
council shall be notified by telephone of each emergency meeting. The
minutes of an emergency meeting, including a description of any
actions taken at the meeting, shall be mailed immediately to those
persons described in Section 4661.
SEC. 51. Section 4669.2 of the Welfare and Institutions Code is
amended to read:
4669.2. (a) 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, consumer and vendor advisory committees, and
local advocacy organizations, may explore and implement any regional
center service delivery alternative included in this section for
consumers living in the community, as follows:
(1) Alternative service coordination for consumers.
(2) Technical and financial support to consumers, 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 consumers who are at imminent risk
of moving to a more restrictive setting.
(3) Procedures whereby regional centers may negotiate levels of
payment with providers for delivery of specific services to a group
of consumers 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.
(4) Procedures whereby consumers, 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.
(5) Proposals to reduce reporting and recordkeeping requirements
at a regional center.
(6) Procedures whereby a regional center may lease a facility and
contract for the provision of services in that facility for regional
center clients.
(7) 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.
(8) 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.
(b) 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.
(c) 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 consumers served under the proposal. This report shall
be completed within 90 days of the end of each fiscal year.
SEC. 52. Section 4677 of the Welfare and Institutions Code is
amended to read:
4677. (a) (1) 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 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
maximum 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.
(2) In no event shall an allocation from the Program Development
Fund be granted for more than 24 months.
(b) (1) 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.
(2) 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 consumer needs.
(3) 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.
(4) The department shall provide additional information, as
requested by the state council.
(5) 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 support,
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
consumers with common characteristics, including, but not limited to,
disability, specified geographic regions, age, and ethnicity, face
distinct challenges. The assessment shall highlight alternative and
innovative service delivery models identified through their
assessment process.
(6) 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 on
Developmental Disabilities, 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.
(c) Parental fee schedules shall be evaluated pursuant to Section
4784 and adjusted annually, as needed, by the department, with the
approval of the state council. The July 1, 2009, parental fee
adjustment shall be exempt from this approval requirement. Fees for
out-of-home care shall bear an equitable relationship to the cost of
the care and the ability of the family to pay.
(d) 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 hereby appropriated to the
department, and subject to any allocations that may be made in the
annual Budget Act. In no event shall any of these funds revert to the
General Fund.
(e) The department may allocate funds from the Program Development
Fund for any legal purpose, provided that requests for proposals and
allocations are approved by the state council in consultation with
the department, and are consistent with the priorities for program
development in the state plan. Allocations from the Program
Development Fund shall take into consideration the following factors:
(1) The future fiscal impact of the allocations on other state
supported services and supports for persons with developmental
disabilities.
(2) (A) The information on priority services and supports needed,
but currently unavailable, submitted by the regional centers.
(B) Consistent with the level of need as determined in the state
plan, excess parental fees may be used for purposes other than
programs specified in subdivision (a) only when specifically
appropriated to the State Department of Developmental Services for
those purposes.
(f) Under no circumstances shall the deposit of federal moneys
into the Program Development Fund 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 subdivisions
(a) and (b) of 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.
SEC. 53. Section 4685.8 of the Welfare and Institutions Code is
amended to read:
4685.8. (a) 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. The statewide Self-Determination Program shall be phased
in over three years, and during this phase-in period, shall serve up
to 2,500 regional center consumers, inclusive of the remaining
participants in the self-determination pilot projects authorized
pursuant to Section 13 of Chapter 1043 of the Statutes of 1998, as
amended, and Article 4 (commencing with Section 4669.2) of Chapter 5.
Following the phase-in period, the program shall be available on a
voluntary basis to all regional center consumers who are eligible for
the Self-Determination Program. The program shall be available to
individuals who reflect the disability, ethnic, and geographic
diversity of the state.
(b) The department in establishing the statewide program shall do
both of the following:
(1) For the first three years of the Self-Determination Program,
determine, as part of the contracting process described in Sections
4620 and 4629, the number of participants each regional center shall
serve in its Self-Determination Program. To ensure that the program
is available on an equitable basis to participants in all regional
center catchment areas, the number of Self-Determination Program
participants in each regional center shall be based on the relative
percentage of total consumers served by the regional centers minus
any remaining participants in the self-determination pilot projects
authorized pursuant to Section 13 of Chapter 1043 of the Statutes of
1998, as amended, and Article 4 (commencing with Section 4669.2) of
Chapter 5 or another equitable basis.
(2) Ensure all of the following:
(A) Oversight of expenditure of self-determined funds and the
achievement of participant outcomes over time.
(B) Increased participant control over which services and supports
best meet his or her 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 his or
her own support workers, or negotiating unique service arrangements
with local community resources.
(C) Comprehensive person-centered planning, including an
individual budget and services that are outcome based.
(D) Consumer and family training to ensure understanding of the
principles of self-determination, the planning process, and the
management of budgets, services, and staff.
(E) Choice of independent facilitators who can assist with the
person-centered planning process and choice of financial management
services providers vendored by regional centers who can assist with
payments and provide employee-related services.
(F) Innovation that will more effectively allow participants to
achieve their goals.
(c) For purposes of this section, the following definitions apply:
(1) "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 his or her 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 requirements of Sections 58884, 58886, and 58887 of Title
17 of the California Code of Regulations and other specific
qualifications established by the department. The costs of financial
management services shall be paid by the participant out of his or
her individual budget, except for the cost of obtaining the criminal
background check specified in subdivision (w).
(2) "Independent facilitator" means a person, selected and
directed by the participant, who is not otherwise providing services
to the participant pursuant to his or her 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. He or she 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 his or her 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 his or her own
cost.
(3) "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.
(4) "IPP" means individual program plan, as described in Section
4646.
(5) "Participant" means an individual, and when appropriate, his
or her 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.
(6) "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 his or
her 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.
(d) 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 regional center consumer who meets the following
eligibility requirements:
(1) The participant has a developmental disability, as defined in
Section 4512, and is receiving services pursuant to this division.
(2) The consumer 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 his or her 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 he or she
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.
(3) The participant agrees to all of the following terms and
conditions:
(A) The participant shall receive an orientation 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.
(B) The participant shall utilize the services and supports
available within the Self-Determination Program only when generic
services and supports are not available.
(C) The participant shall only purchase services and supports
necessary to implement his or her IPP and shall comply with any and
all other terms and conditions for participation in the
Self-Determination Program described in this section.
(D) The participant shall manage Self-Determination Program
services and supports within his or her individual budget.
(E) The participant shall utilize the services of a financial
management services provider of his or her own choosing and who is
vendored by a regional center.
(F) The participant may utilize the services of an independent
facilitator of his or her 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,
he or she may use his or her regional center service coordinator to
provide the services and functions described in paragraph (2) of
subdivision (c).
(e) 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.
(f) An individual receiving services and supports under a
self-determination pilot project 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, may elect to
continue to receive self-determination services and supports
pursuant to this section or the regional center shall provide for the
participant's transition from the self-determination pilot 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.
(g) 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 as follows:
(1) First, to offset the cost to the department for the criminal
background check conducted pursuant to subdivision (w), and other
administrative costs incurred by the department in implementing the
Self-Determination Program.
(2) With the remaining funds, to offset the costs to the regional
centers in implementing the Self-Determination Program, including,
but not limited to, operations costs for caseload ratio enhancement,
training for regional center staff, costs associated with the
participant's initial person-centered planning meeting, the
development of the participant's initial individual budget, and the
costs associated with training consumers and family members.
(h) 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.
(i) 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. During the
first three years of the program, the individual's right to return to
the program is conditioned on his or her regional center not having
reached the participant cap imposed by paragraph (1) of subdivision
(b).
(j) An individual who participates in the Self-Determination
Program may elect to continue to receive self-determination services
and supports if he or she transfers to another regional center
catchment area, provided that he or she 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 he or she transfers.
(k) 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
his or her IPP and ensures his or her health and safety. The
completed individual budget shall be attached to the IPP.
(l) The participant shall implement his or her IPP, including
choosing and purchasing the services and supports allowable under
this section necessary to implement the plan. A participant is exempt
from the cost control restrictions regarding the purchases of
services and supports pursuant to Sections 4648.5 and 4686.5. A
regional center shall not prohibit the purchase of any service or
support that is otherwise allowable under this section.
(m) A participant shall have all the rights established in
Sections 4646 to 4646.6, inclusive, and Chapter 7 (commencing with
Section 4700).
(n) (1) 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:
(A) (i) Except as specified in clause (ii), for a participant who
is a current consumer of the regional center, his or her individual
budget shall be the total amount of the most recently available 12
months of purchase of service expenditures for the participant.
(ii) An adjustment may be made to the amount specified in clause
(i) if both of the following occur:
(I) The IPP team determines that an adjustment to this amount is
necessary due to a change in the participant's circumstances, needs,
or resources that would result in an increase or decrease in purchase
of service expenditures, or the IPP team identifies prior needs or
resources that were unaddressed in the IPP, which would have resulted
in an increase or decrease in purchase of service expenditures.
(II) 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.
(iii) 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 or the financial management services.
(B) For a participant who is either newly eligible for regional
center services or who does not have 12 months of purchase service
expenditures, his or her individual budget shall be calculated as
follows:
(i) The IPP team shall identify the services and supports needed
by the participant and available resources, as required by Section
4646.
(ii) 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 consumer
has a unique need that requires a higher or lower cost. 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.
(iii) 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 or the financial management services.
(2) 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).
(3) The individual budget 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 his or her
IPP throughout the year.
(4) 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
consumer characteristics and needs, and that include a method for
adjusting individual budgets to address a participant's change in
circumstances or needs.
(o) Annually, participants may transfer up to 10 percent of the
funds originally distributed to any budget category set forth in
paragraph (3) of subdivision (n) 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 or the participant's IPP team.
(p) 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 (n).
(q) (1) On or before December 31, 2014, the department shall apply
for federal Medicaid funding for the Self-Determination Program by
doing one or more of the following:
(A) Applying for a state plan amendment.
(B) Applying for an amendment to a current home- and
community-based waiver for individuals with developmental
disabilities.
(C) Applying for a new waiver.
(D) Seeking to maximize federal financial participation through
other means.
(2) To the extent feasible, the state plan amendment, waiver, or
other federal request described in paragraph (1) shall incorporate
the eligibility requirements, benefits, and operational requirements
set forth in this section. Except for the provisions of subdivisions
(k), (m), (p), and this subdivision, the department may modify
eligibility requirements, benefits, and operational requirements as
needed to secure approval of federal funding.
(3) Contingent upon approval of federal funding, the
Self-Determination Program shall be established.
(r) (1) 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.
(2) 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.
(s) 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 consumers and families
as candidates for, and participants in, the Self-Determination
Program.
(t) 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 both of the following:
(1) Contract with local consumer or family-run organizations to
conduct outreach through local meetings or forums to consumers 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.
(2) Collaborate with the local consumer or family-run
organizations identified in paragraph (1) to jointly conduct training
about the Self-Determination Program.
(u) 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.
(v) 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.
(w) 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:
(1) 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:
(A) Individuals who provide direct personal care services to a
participant.
(B) 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.
(2) 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.
(3) 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 his or her recognizance pending trial or
appeal.
(4) 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.
(5) 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.
(6) 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).
(7) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this
subdivision.
(8) 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 his or her employing agency. Any administrative
costs incurred by the department pursuant to this subdivision shall
be offset by the funds specified in subdivision (g).
(9) 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.
(10) 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.
(11) 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.
(x) 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:
(1) Each regional center shall establish a local volunteer
advisory committee to provide oversight of the Self-Determination
Program. 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, consumers, family members, and other advocates, and
community leaders. A majority of the committee shall be consumers
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.
(2) 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 consumer and family
training materials, 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,
shall share the information with consumers, families, regional
centers, and the department, and shall make recommendations, as
appropriate, to increase the program's effectiveness in furthering
the principles of self-determination.
(y) Commencing January 10, 2017, the department shall annually
provide the following information to the appropriate policy and
fiscal committees of the Legislature:
(1) Number and characteristics of participants, by regional
center.
(2) Types and amount of services and supports purchased under the
Self-Determination Program, by regional center.
(3) 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 (n).
(4) The number and outcome of appeals concerning individual
budgets, by regional center.
(5) The number and outcome of fair hearing appeals, by regional
center.
(6) The number of participants who voluntarily withdraw from the
Self-Determination Program and a summary of the reasons why, by
regional center.
(7) 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.
(z) (1) The State Council on Developmental Disabilities, 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.
(2) 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, no later than three years
following the approval of the federal funding 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:
(A) 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.
(B) 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.
(C) 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 his or her community that is rich in
community participation and contributions.
(D) 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.
(E) 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.
SEC. 54. Section 4701 of the Welfare and Institutions Code is
amended to read:
4701. "Adequate notice" means a written notice informing the
applicant, recipient, and authorized representative of at least all
of the following:
(a) The action that the service agency proposes to take, including
a statement of the basic facts upon which the service agency is
relying.
(b) The reason or reasons for that action.
(c) The effective date of that action.
(d) The specific law, regulation, or policy supporting the action.
(e) The responsible state agency with whom a state appeal may be
filed, including the address of the state agency director.
(f) That if a fair hearing is requested, the claimant has the
following rights:
(1) The opportunity to be present in all proceedings and to
present written and oral evidence.
(2) The opportunity to confront and cross-examine witnesses.
(3) The right to appear in person with counsel or other
representatives of his or her own choosing.
(4) The right to access to records pursuant to Article 5
(commencing with Section 4725).
(5) The right to an interpreter.
(g) Information on availability of advocacy assistance, including
referral to the developmental center or regional center clients'
rights advocate, the State Council on Developmental Disabilities,
publicly funded legal services corporations, and other publicly or
privately funded advocacy organizations, including the protection and
advocacy system required under federal Public Law 95-602, the
Developmental Disabilities Assistance and Bill of Rights Act (42
U.S.C.A. Sec. 6000 et seq.).
(h) The fair hearing procedure, including deadlines, access to
service agency records under Article 5 (commencing with Section
4725), the opportunity to request an informal meeting to resolve the
issue or issues, and the opportunity to request mediation which shall
be voluntary for both the claimant and the service agency.
(i) If the claimant has requested an informal meeting, information
that it shall be held within 10 days of the date the hearing request
form is received by the service agency.
(j) The option of requesting mediation prior to a fair hearing, as
provided in Section 4711.5. This section shall not preclude the
claimant or his or her authorized representative from proceeding
directly to a fair hearing in the event that mediation is
unsuccessful.
(k) The fair hearing shall be completed and a final administrative
decision rendered within 90 days of the date the hearing request
form is received by the service agency, unless the fair hearing
request has been withdrawn or the time period has been extended in
accordance with this chapter.
( l ) Prior to a voluntary informal meeting, voluntary
mediation or a fair hearing, the claimant or his or her authorized
representative shall have the right to examine any or all documents
contained in the individual's service agency file. Access to records
shall be provided pursuant to Article 5 (commencing with Section
4725).
(m) An explanation that a request for mediation may constitute a
waiver of the rights of a medicaid home and community-based waiver
participant to receive a fair hearing decision within 90 days of the
date the hearing request form is received by the service agency, as
specified in subdivision (c) of Section 4711.5.
(n) That if a request for a fair hearing by a recipient is
postmarked or received by a service agency no later than 10 days
after receipt of the notice of the proposed action mailed pursuant to
subdivision (a) of Section 4710, current services shall continue as
provided in Section 4715. The notice shall be in clear, nontechnical
English. If the claimant or authorized representative does not
comprehend English, the notice shall be provided in any other
language as the claimant or authorized representative comprehends.
(o) A statement indicating whether the recipient is a participant
in the home and community-based services waiver.
SEC. 55. Section 4702.6 of the Welfare and Institutions Code is
amended to read:
4702.6. "Hearing request form" means a document that shall
include the name, address, and birth date of the claimant, date of
request, reason for the request, and name, address, and relationship
to the claimant of the authorized representative, if any, and whether
the claimant is a participant in the medicaid home and
community-based waiver. The hearing request form shall also indicate
whether the claimant or his or her authorized representative is
requesting mediation. A copy of the appointment of the authorized
representative, by the claimant or the State Council on Developmental
Disabilities if any, shall also be included.
SEC. 56. Section 4705 of the Welfare and Institutions Code is
amended to read:
4705. (a) (1) Every service agency shall, as a condition of
continued receipt of state funds, have an agency fair hearing
procedure for resolving conflicts between the service agency and
recipients of, or applicants for, service. The State Department of
Developmental Services shall promulgate regulations to implement this
chapter by July 1, 1999, which shall be binding on every service
agency.
(2) Any public or private agency receiving state funds for the
purpose of serving persons with developmental disabilities not
otherwise subject to the provisions of this chapter shall, as a
condition of continued receipt of state funds, adopt and periodically
review a written internal grievance procedure.
(b) An agency that employs a fair hearing procedure mandated by
any other statute shall be considered to have an approved procedure
for purposes of this chapter.
(c) The service agency's mediation and fair hearing procedure
shall be stated in writing, in English and any other language that
may be appropriate to the needs of the consumers of the agency's
service. A copy of the procedure and a copy of the provisions of this
chapter shall be prominently displayed on the premises of the
service agency.
(d) All recipients and applicants, and persons having legal
responsibility for recipients or applicants, shall be informed
verbally of, and shall be notified in writing in a language which
they comprehend of, the service agency's mediation and fair hearing
procedure when they apply for service, when they are denied service,
when notice of service modification is given pursuant to Section
4710, and upon request.
(e) If, in the opinion of any person, the rights or interests of a
claimant who has not personally authorized a representative will not
be properly protected or advocated, the State Council on
Developmental Disabilities and the clients' right advocate assigned
to the regional center or developmental center shall be notified, and
the State Council on Developmental Disabilities may appoint a person
or agency as representative, pursuant to subparagraph (A) of
paragraph (2) of subdivision (e) of Section 4540, to assist the
claimant in the mediation and fair hearing procedure. The appointment
shall be in writing to the authorized representative and a copy of
the appointment shall be immediately mailed to the service agency
director.
SEC. 57. Section 4775 of the Welfare and Institutions Code is
amended to read:
4775. The Legislature finds that the method of appropriating
funds for numerous programs for the developmentally disabled affects
the availability and distribution of services and must be related to
statewide planning. Therefore, the process for determining levels of
funding of programs must involve consideration of the state plan
established pursuant to Chapter 3 (commencing with Section 4561) of
this division and the participation of citizens who may be directly
affected by funding decisions.
SEC. 58. Section 4830 of the Welfare and Institutions Code is
amended to read:
4830. As used in this chapter:
(a) "Continuum" means a coordinated multicomponent services system
within geographic regions of the state whose design shall support
the sequential developmental needs of persons so that the pattern of
these services provides an unbroken chain of experience, maximum
personal growth, and liberty.
(b) "Normalization" means making available programs, methods, and
titles that are culturally normative, and patterns and conditions of
everyday life that are as close as possible to the norms and patterns
of the mainstream of society.
(c) "Designated agency" means the legal entity selected by the
State Department of Developmental Services to be responsible for
organizing or providing services within each continuum or both.
SEC. 59. Section 4831 of the Welfare and Institutions Code is
amended to read:
4831. The State Department of Developmental Services may develop
the design and phase-in plan for continuums and may designate one or
more designated agencies to implement community living continuums
throughout the state, after consideration of a recommendation from
the State Council on Developmental Disabilities in conjunction with
recommendations from the appropriate regional center.
SEC. 60. Section 4832 of the Welfare and Institutions Code is
amended to read:
4832. (a) 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:
(1) Private nonprofit corporations.
(2) Public agencies.
(3) A joint powers agreement agency.
(b) 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 consumer representatives, including
members of the immediate family of the consumer.
(c) 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 consumer of a designated agency or
regional center services.
SEC. 61. Section 4835 of the Welfare and Institutions Code is
amended to read:
4835. (a) The Director of Developmental Services may establish
uniform operational procedures, performance and evaluation standards,
and utilization criteria for designated agencies pursuant to this
chapter.
(b) These standards and criteria shall be developed with
participation by consumer organizations, 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.
SEC. 62. Section 41.5 of this bill incorporates amendments to
Section 4629 of the Welfare and Institutions Code proposed by both
this bill and Senate Bill 1093. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2015, (2) each bill amends Section 4629 of the Welfare and
Institutions Code, and (3) this bill is enacted after Senate Bill
1093, in which case Section 41 of this bill shall not become
operative.
