Bill Text: CA AB1643 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Developmental services: fair hearings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-06-29 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HUMAN S. [AB1643 Detail]
Download: California-2019-AB1643-Amended.html
NOYES
Local Program:
NO
Internet Web site internet website a board-approved policy regarding transparency and access to public information. The transparency and public information policy shall provide for timely public access to information, including, but not limited to, information regarding requests for proposals and contract awards, service provider rates, documentation related to establishment of negotiated rates, audits, and IRS Form 990. The transparency and public
information policy shall be in compliance with applicable law relating to the confidentiality of consumer service information and records, including, but not limited to, Section 4514.SECTION 1.
Bill Title: Developmental services: fair hearings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-06-29 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HUMAN S. [AB1643 Detail]
Download: California-2019-AB1643-Amended.html
|
Amended
IN
Assembly
March 28, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Assembly Bill | No. 1643 |
| Introduced by Assembly Member Eduardo Garcia |
February 22, 2019 |
An act relating to postsecondary education. to amend Sections 4434 and 4629.5 of the Welfare and Institutions Code, relating to developmental services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1643, as amended, Eduardo Garcia.
Postsecondary education: career technical education. Developmental services.
The Lanterman Developmental Disabilities Services Act requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities. Under existing law, the regional centers purchase needed services for individuals with developmental disabilities through approved service providers or arrange for those services through other publicly funded agencies. Existing law requires each regional center to post specified information on its internet website, including purchase of service policies.
This bill would additionally require each regional
center to post on its internet website any other policies, guidelines, or assessment tools used to determine the service needs of a consumer, and would require the department to ensure that the purchase of service policies and other policies, guidelines, or assessment tools are available to the public on the regional center’s internet website.
Existing law establishes, in the State Department of Education, a career technical education staff responsible for the design, implementation, and maintenance of a basic integrated statewide information system for career technical education and technical training. Existing law requires the Board of Governors of the California Community Colleges to collect and maintain information related to career technical education and technical training within the California Community Colleges for inclusion within the integrated statewide information system. With respect to this integrated statewide information system, existing law specifies that its data gathering and analysis capabilities include maintaining a comprehensive inventory of all career technical education and technical training programs that are maintained by the public schools.
This bill
would state the intent of the Legislature to enact legislation relating to career technical education in the Inland Empire.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4434 of the Welfare and Institutions Code is amended to read:4434.
(a) Notwithstanding preexisting rights to enforce the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)), it is the intent of the Legislature that the department ensure that the regional centers operate in compliance with federal and state law and regulation and provide services and supports to consumers in compliance with the principles and specifics of this division.(b) The department shall take all necessary actions to support regional centers to successfully achieve compliance with this section and provide high quality services and supports to consumers and their families.
(c) The contract between the
department and individual regional centers required by Chapter 5 (commencing with Section 4620) of Division 4.5 shall include a provision requiring each regional center to render services in accordance with applicable provisions of state laws and regulations. In the event that the department finds a regional center has violated this requirement, or whenever it appears that any regional center has engaged in or is about to engage in any act or practice constituting a violation of any provision of Division 4.5 (commencing with Section 4500) or any regulation adopted thereunder, the department shall promptly take the appropriate steps necessary to ensure compliance with the law, including actions authorized under Section 4632 or 4635. The department, as the director deems appropriate, may pursue other legal or equitable remedies for enforcement of the obligations of regional centers including, but not limited to, seeking specific performance of the contract between the department and the regional center or
otherwise act to enforce compliance with Division 4.5 (commencing with Section 4500) or any regulation adopted thereunder.
(d) As part of its responsibility to monitor regional centers, the department shall collect and review printed materials issued by the regional centers, including, but not limited to, purchase of service policies and other policies and guidelines policies, guidelines, or assessment tools utilized by regional centers when determining the services needs of a consumer, instructions and training materials for regional center staff, board meeting agendas and minutes, and general policy and notifications provided to all providers and consumers and families. Within a reasonable period of time, the department shall review new or amended
purchase-of-service policies prior to implementation by the regional center to ensure compliance with statute and regulation. The department shall take appropriate and necessary steps to prevent regional centers from utilizing a policy or guideline that violates any provision of Division 4.5 (commencing with Section 4500) or any regulation adopted thereunder. The department shall ensure that purchase of service policies and other policies, guidelines, or assessment tools utilized by regional centers when determining the service needs of a consumer are available to the public as required by paragraph (5) of subdivision (b) of Section 4629.5.
SEC. 2.
Section 4629.5 of the Welfare and Institutions Code is amended to read:4629.5.
(a) In addition to the requirements set forth in Section 4629, the department’s contract with a regional center shall require the regional center to adopt, maintain, and post on its(b) To promote transparency, each regional center shall include on its Internet Web site, internet website, as expeditiously as possible, at least all of the following:
(1) Regional center annual independent audits.
(2) Biannual fiscal audits conducted by the department.
(3) Regional center annual reports pursuant to Section 4639.5.
(4) Contract awards, including the organization or entity awarded the contract, and the amount and purpose of the award.
(5) Purchase of service policies.
policies and any other policies, guidelines, or assessment tools used to determine the service needs of a consumer.
(6) The names, types of service, and contact information of all vendors, except consumers or family members of consumers.
(7) Board meeting agendas and approved minutes of open meetings of the board and all committees of the board.
(8) Bylaws of the regional center governing board.
(9) The annual performance contract and yearend performance contract entered into with the department pursuant to this division.
(10) The biannual Home and Community-based Services Waiver program review conducted by the department and the State Department
of Health Care Services.
(11) The board-approved transparency and public information policy.
(12) The board-approved conflict-of-interest policy.
(13) Reports required pursuant to Section 4639.5.
(14) A link to the page on the department’s Internet Web site internet website specified in subdivision (d).
(15) The salaries, wages, and employee benefits for all managerial positions for which the primary purpose is the administrative management of the regional center, including, but not limited to,
directors and chief executive officers.
(c) The department shall establish and maintain a transparency portal on its Internet Web site internet website that allows consumers, families, advocates, and others to access provider and regional center information. Posted information on the department’s Internet Web site internet website transparency portal shall include, but need not be limited to, all of the following:
(1) A link to each regional center’s Internet Web site
internet website information referenced in subdivision (b).
(2) Biannual fiscal audits conducted by the department.
(3) Vendor audits.
(4) Biannual Home and Community-based Services Waiver program reviews conducted by the department and the State Department of Health Care Services.
(5) Biannual targeted case management program and federal nursing home reform program reviews conducted by the department.
(6) Early Start Program reviews conducted by the department.
(7) Annual performance contract and year-end performance contract reports.
(d) The department shall establish and maintain a page on its Internet Web site internet website that includes both a list of services purchased by regional centers or provided directly to consumers by regional centers and a brief description of those services.
It is the intent of the Legislature to enact legislation relating to career technical education in the Inland Empire.
