Bill Text: CA AB126 | 2017-2018 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Health and human services.
Spectrum: Committee Bill
Status: (Passed) 2017-07-10 - Chaptered by Secretary of State - Chapter 65, Statutes of 2017. [AB126 Detail]
Download: California-2017-AB126-Amended.html
An act relating to the Budget Act of 2017. An act to add and repeal Section 4686.5 of the Welfare and Institutions Code, relating to developmental services, and making an appropriation therefor, to take effect immediately, bill related to the budget.
NOYES
Fiscal Committee:
NOYES
Local Program:
NO
SECTION 1.
Bill Title: Health and human services.
Spectrum: Committee Bill
Status: (Passed) 2017-07-10 - Chaptered by Secretary of State - Chapter 65, Statutes of 2017. [AB126 Detail]
Download: California-2017-AB126-Amended.html
|
Amended
IN
Senate
June 19, 2017 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 126 |
| Introduced by |
January 10, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
AB 126, as amended, Committee on Budget.
Budget Act of 2017. Developmental services.
Existing law requires the State Department of Developmental Services, in consultation with stakeholders, to develop an alternative service delivery model that provides an Individual Choice Budget for obtaining quality services and supports that provides choice and flexibility within a finite budget that, in the aggregate, reduces regional center purchase of service expenditures, reduces reliance on the General Fund, and maximizes federal financial participation. Existing law places certain restrictions on the purchase of respite services, based on need and duration, until implementation of the Individual Choice Budget, as specified. AB 107 of the 2017–18 Regular Session would repeal the provision that places restrictions on the purchase of those services.
This
bill would delay the repeal of that provision until January 1, 2018. The bill would appropriate $100,000 from the Federal Trust Fund to the department for purposes of implementation.
This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2017.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4686.5 is added to the Welfare and Institutions Code, to read:4686.5.
(a) Effective July 1, 2009, notwithstanding any other provision of law or regulation to the contrary, all of the following shall apply:(1) A regional center may only purchase respite services when the care and supervision needs of a consumer exceed that of an individual of the same age without developmental disabilities.
(2) A regional center shall not purchase more than 21 days of out-of-home respite services in a fiscal year nor more than 90 hours of in-home respite services in a quarter, for a consumer.
(3) (A) A regional center may grant an exemption to the requirements set forth in paragraphs (1) and (2) if it is demonstrated that the intensity of the consumer’s care and supervision needs are such that additional respite is necessary to maintain the consumer in the family home, or there is an extraordinary event that impacts the family member’s ability to meet the care and supervision needs of the consumer.
(B) For purposes of this section, “family member” means an individual who:
(i) Has a consumer residing with him or her.
(ii) Is responsible for the 24-hour care and supervision of the consumer.
(iii) Is not a licensed or certified residential care facility or foster family home receiving funds from any public agency or regional center for the care and supervision provided. Notwithstanding this provision, a relative who receives foster care funds shall not be precluded from receiving respite.
(4) A regional center shall not purchase day care services to replace or supplant respite services. For purposes of this section, “day care” is defined as regularly provided care, protection, and supervision of a consumer living in the home of his or her parents, for periods of less than 24 hours per day, while the parents are engaged in employment
outside of the home or educational activities leading to employment, or both.
(5) A regional center shall only consider in-home supportive services a generic resource when the approved in-home supportive services meets the respite need as identified in the consumer’s individual program plan (IPP) or individualized family service plan (IFSP).
(b) For consumers receiving respite services on July 1, 2009, as part of their IPP or IFSP, subdivision (a) shall apply on August 1, 2009.
(c) This section shall remain in effect until implementation of the individual choice budget pursuant to Section
4648.6 and certification by the Director of the Department of Developmental Services that the individual choice budget has been implemented and will result in state budget savings sufficient to offset the costs associated with the repeal of this section. This section shall be repealed on the date of certification.
(d) This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 2.
The sum of one hundred thousand dollars ($100,000) is hereby appropriated from the Federal Trust Fund to the State Department of Developmental Services for the purposes of carrying out the provisions of this act related to community respite services. These funds shall be available for encumbrance or expenditure until June 30, 2018, and available for liquidation until June 30, 2020.SEC. 3.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2017.
