Bill Text: CA SB468 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Developmental services: statewide Self-Determination

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2013-10-09 - Chaptered by Secretary of State. Chapter 683, Statutes of 2013. [SB468 Detail]

Download: California-2013-SB468-Introduced.html

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BILL NUMBER: SB 468	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Emmerson and Beall
   (Coauthor: Assembly Member Blumenfield)

                        FEBRUARY 21, 2013

   An act to add Section 4685.8 to the Welfare and Institutions Code,
relating to developmental services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 468, as introduced, Emmerson. Developmental services: statewide
self-determination project.
   Under existing law, the Lanterman Developmental Disabilities
Services Act, the State Department of Developmental Services
contracts with regional centers to provide support and services to
individuals with developmental disabilities. Under existing law, the
regional centers purchase needed services and supports for
individuals with developmental disabilities through approved service
providers, or arrange for their provision through other publicly
funded agencies. The services and supports to be provided to a
regional center consumer are contained in an individual program plan
(IPP), developed in accordance with prescribed requirements. Existing
law establishes, contingent upon approval of a federal waiver, the
Self-Directed Services Program, and requires the program to be
available in every regional center catchment area to provide
participants, within an individual budget, greater control over
needed services and supports.
   This bill would require the department to implement a statewide
self-determination project under which funds from regional center
budgets are allocated for local self-determination projects that will
enhance the ability of a consumer and his or her family to control
the decisions and resources required to meet the objectives in his or
her individual program plan. The statewide project would be phased
in over 3 years, and serve up to 2500 regional center consumers. The
bill would require the department to ensure, among other things, that
self-determination is available as a choice and participants in the
project reflect the disability, ethnic, and geographic diversity of
the state. The bill would require self-determination projects to
include, among other things, increased consumer and family control
over which services best meet their needs and the IPP objectives and
comprehensive person-centered planning. This bill would require a
self-determination project to establish a local advisory committee,
as prescribed, to provide oversight of the project and to submit, by
September 1, 2016, specified recommendations to the department
regarding the effectiveness of the project.
   This bill would require the department to report to the
Legislature, as provided, by January 1, 2017, regarding the status of
each project established under the bill, and would render this
reporting requirement inoperative on January 1, 2021.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) In 1998, the Legislature expanded the Lanterman Developmental
Disabilities Services Act to include a self-determination pilot
program. That pilot program was continued by the Legislature in 2002
and 2003. However, the pilot program was only available at five
regional centers and the number of individuals served by the
self-determination pilot program remains small, about 200 regional
center consumers.
   (b) As reflected in the State Department of Developmental Services
2002 Report to the Legislature, the pilot program remains an
innovative, cost-effective and successful way of providing services
to regional center consumers and their families. The findings in the
report show that self-determination pilot program participants were
happy and experienced more freedom and responsibility in controlling
the direction of their services and life choices, and the program was
cost-neutral in the aggregate. The report also found that good
self-determination requires intensive person-centered planning,
collaboration, and follow-along services and supports.
   (c) Most other states have self-directed services as a model for
providing services. Many California consumers and families have asked
for a statewide expansion of the pilot program believing it will do
the following: increase innovative and effective services, eliminate
bureaucracy, and increase choices for consumers and parents, thereby
allowing them to increase their control of services and supports by
easily navigating increasingly complex service systems.
   (d) The intent of this act is to allow for voluntary participation
in the self-determination projects while ensuring that the project
is available to all consumers regardless of geographic location,
economic or educational background, or race or ethnicity, and
ensuring a consistent statewide method of administration and
comparable services. To ensure these outcomes are achieved, it is the
intent of the Legislature that the State Department of Developmental
Services and local advisory boards be responsible for oversight and
monitoring of funds used for self-determination projects and the
achievement of consumer outcomes.
   (e) In addition, the intent of this act is that the
self-determination project be phased in over a three-year period and
that the project will continue to be available to all consumers as an
option after the initial phase-in period ends.
  SEC. 2.  Section 4685.8 is added to the Welfare and Institutions
Code, to read:
   4685.8.  (a) Notwithstanding any other provision of law, the
department shall implement a statewide self-determination project
under which funds from regional center budgets shall be allocated for
local self-determination projects that will enhance the ability of a
consumer and his or her family to control the decisions and
resources required to meet the objectives in his or her individual
program plan. The statewide project shall be phased in over three
years, and serve up to 2500 regional center consumers.
   (b) The department in establishing the statewide project shall
ensure the following:
   (1) That self-determination is available as a choice for up to
2500 regional center consumers.
   (2) That participants in the project reflect the disability,
ethnic, and geographic diversity of the state.
   (3) That the project is cost neutral in the aggregate.
   (4) A statewide method of administration and determining
comparable services.
   (5) Oversight of expenditure of self-directed funds and the
achievement of consumer outcomes over time.
   (c) Self-determination projects funded shall include, but not be
limited to, all of the following:
   (1) Increased consumer and family control over which services best
meet their needs and the individual program plan objectives.
   (2) Comprehensive person-centered planning, including an
individual budget and services that are outcome based.
   (3) Consumer and family training to ensure understanding of the
planning process and management of budgets, services, and staff.
   (4) Choice of independent facilitators who can assist with the
person-centered planning process and fiscal intermediaries who can
assist with payments and provide employee-related services.
   (5) Innovation that will more effectively allow consumers to
achieve their goals.
   (6) Programs that provide for the utilization of parent vendors,
direct pay options, individual budgets for the procurement of
services and supports, alternative case management, and vouchers.
   (d) Each self-determination project shall establish a local
advisory committee to provide oversight of the self-determination
project. The regional center, area board, and the Office of Clients'
Rights Advocacy of Disability Rights California shall each appoint
one-third of the membership of the committee, which shall consist of
consumers, family members, clients' rights advocates and other
advocates, and community leaders. 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 project, including whether the project is
operating consistent with the requirements of subdivisions (a) and
(b), and may make ongoing recommendations for improvement to the
regional center and the department. By September 1, 2016, the local
advisory committee shall submit to the department recommendations
regarding the effectiveness of the project and the continuation and
expansion of self-determined services.
   (e) The department shall issue a report to the Legislature no
later than January 1, 2017, on the status of each self-determination
project authorized by this section, and provide recommendations with
respect to continuation and expansion.
   (f) (1) The requirement for submitting a report imposed under
subdivision (e) is inoperative on January 1, 2021, pursuant to
Section 10231.5 of the Government Code.
   (2) A report to be submitted pursuant to subdivision (e) shall be
submitted in compliance with Section 9797 of the Government Code.