Bill Text: CA SB764 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Developmental services: telehealth systems program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2012-09-23 - In Senate. Consideration of Governor's veto pending. [SB764 Detail]

Download: California-2011-SB764-Amended.html

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BILL NUMBER: SB 764	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 4, 2012
	AMENDED IN SENATE  APRIL 14, 2011

INTRODUCED BY   Senator Steinberg

                        FEBRUARY 18, 2011

   An act to add  and repeal Article 5 (commencing with
Section 4669.80) of Chapter 5 of Division 4.5 of  
Section 4686.21 to  the Welfare and Institutions Code, relating
to developmental services.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 764, as amended, Steinberg. Developmental services: 
Autism TeleHealth Program.   telehealth systems program.

   Under existing law, the Lanterman Developmental Disabilities
Services Act, the State Department of Developmental Services is
authorized to contract with regional centers to provide support and
services to individuals with developmental disabilities.
   This bill would require the department to establish the 
Autism TeleHealth Program (ATHP) to promote the use of telehealth
systems (THS), as defined, to provide services for individuals with
autism spectrum disorders (ASD). The bill would require the
department to implement this program by requesting proposals from,
and executing memorandums of understanding with, one or more regional
centers that promote the use of or utilize THS to provide services
for individuals with ASD. This bill would repeal these provisions on
January 1, 2017.   telehealth systems program to
authorize a provider who is currently vendorized with a regional
center to provide applied behavioral analysis (ABA) services,
intensive behavioral intervention (IBI) services, or both, to provide
these services through the use of telehealth systems (THS), as
defined, upon approval of a regional center. 
    It would also authorize a regional center to purchase ABA or
IBI services through the use of THS if the provider can demonstrate a
potential benefit for the consumer or regional center, or both,
through the use of THS and can establish that the services being
provided comply with specified requirements. 
   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.    Section 4686.21 is added to the 
 Welfare and Institutions Code   , to read:  
   4686.21.  (a) The State Department of Developmental Services shall
establish the telehealth systems program. The program shall
accomplish all of the following:
   (1) Authorize a provider who is currently vendorized with a
regional center to provide applied behavioral analysis (ABA)
services, intensive behavioral intervention (IBI) services, or both,
to provide these services through the use of telehealth systems (THS)
upon approval of a regional center.
   (2) Authorize a regional center to purchase ABA or IBI services
through the use of THS if the provider can demonstrate a potential
benefit for the consumer or regional center, or both, through the use
of THS and can establish that the services being provided are in
compliance with at least all of the following:
   (A) ABA and IBI program requirements in existence on the effective
date of this section.
   (B) All requirements related to consumer privacy and
confidentiality.
   (C) The requirements of this division.
   (D) State and federal requirements with regards to the purchase of
regional center services.
   (E) All federal funding participation guidelines and requirements.

   (3) Require regional centers to consider the use of THS in the
implementation of parent training for autism ABA or behavior
intervention services as specified in clause (i) of subparagraph (B)
of paragraph (3) of subdivision (c) of Section 4685, or both.
   (b) The department shall implement vendorization codes or
subcodes, or both, for all THS services and programs that apply
pursuant to this section.
   (c) The provider shall be responsible for all expenses and costs
related to the equipment, transmission, storage, infrastructure, and
other expenses related to the THS.
   (d) For purposes of this section, "telehealth systems" means a
mode of delivering services and information that utilizes
technologies to enable evaluation, consultation, and treatment of
individuals, and the provision of supports, self-management, and
other appropriate services, including synchronous and asynchronous
interactions, to individuals who are within the purview and
responsibility of the regional center regardless of the location of
the providers or individuals.
   (e) For purposes of this section, "applied behavioral analysis"
and "intensive behavioral intervention" have the same meanings as
provided in Section 4686.2.  
  SECTION 1.    Article 5 (commencing with Section
4669.80) is added to Chapter 5 of Division 4.5 of the Welfare and
Institutions Code, to read:

      Article 5.  Autism TeleHealth Program


   4669.80.  For the purposes of this article, the following
definitions shall apply:
   (a) "Asynchronous store and forward THS" means the transmission of
an individual's information from on originating site to the provider
at a distant site without the individual being present.
   (b) "Distant site" means the site at which the provider delivering
the service is located at the time the service is provided via the
telehealth system.
   (c) "Originating site" means the location of the individual at the
time the service is furnished via the telehealth system and where
the information transfer occurs.
   (d) "Provider" means any person who is vendorized to provide
services by a regional center.
   (e) "Real-time THS" means the transmission of an individual's
information from an originating site to the provider at the distant
site with the individual being present.
   (f) "Telehealth systems" or "THS" means a mode of delivering
services and information that utilizes technologies to enable
evaluation, consultation, and treatment of individuals, and the
provision of supports, self-management, and other appropriate
services, including synchronous and asynchronous interactions, to
individuals who are within the purview and responsibility of the
regional center regardless of the location of the providers or
individuals.
   4669.81.  (a) The department shall establish the Autism TeleHealth
Program (ATHP), which shall be a model program to promote the use of
telehealth systems to provide services for individuals with autism
spectrum disorders (ASD). It is the intent of the Legislature that
the program promote the use of THS to optimize programs and services
for individuals with ASD and their families, provide those services
in the most cost-effective manner, and promote public-private
partnerships that will leverage existing resources.
   (b) The department shall implement the ATHP program by requesting
proposals from, and executing memorandums of understanding (MOUs)
with, one or more regional centers that promote the use of or utilize
THS to provide services for individuals with ASD in any of the
following areas:
   (1) Screening or diagnosis.
   (2) Evaluation or assessment.
   (3) Consumer or family training.
   (4) Intervention or treatment.
   (5) Professional development.
   (6) Access to services by underserved populations.
   (7) Additional services or supports as deemed appropriate by the
department.
   (c) The department may, if deemed necessary and in furtherance of
the ATHP program, enter into contracts or MOUs directly with other
entities, including, but not limited to, all of the following:
   (1) Rural health clinics.
   (2) Federally qualified health centers.
   (3) Community hospitals.
   (4) Nonprofit organizations.
   (5) Public or private foundations.
   (6) For-profit corporations.
   (7) Research and academic organizations.
   (8) Institutes of higher education.
   (d) (1) Proposals submitted and MOUs entered into pursuant to this
article shall, at a minimum, be all of the following:
   (A) Compliant with all other requirements of this chapter.
   (B) Compliant with all requirements of consumers' individual
program plans or individual family service plans.
   (C) Consistent with all guidelines, regulations, and other
requirements established by the department.
   (2) Proposals submitted and MOUs entered into pursuant to this
article shall not incur additional expenditures from the General Fund
by the department.
   (e) MOUs entered into pursuant to this article shall include, at a
minimum, all of the following components:
   (1) Appropriate service codes, established by the department if
deemed appropriate, for the reimbursement of THS services provided by
the regional centers pursuant to this article.
   (2) Approval for the use of either real-time THS or asynchronous
store and forward THS.
   (3) Reimbursement for services provided regardless of whether the
services are provided in person or by THS and whether real-time THS
or asynchronous store and forward THS is utilized.
   (4) Documentation of a barrier to an in-person visit shall not be
required.
   (5) Participation is voluntary by all individuals and irrespective
of the setting of the individual or provider as identified in the
MOU.
   (f) All regional centers participating in an MOU pursuant to this
article shall provide an annual report on the progress of the program
to the department, if deemed necessary by the director.
   (g) In implementing this article, the department may consult with
third parties as it deems appropriate but the director shall have
sole and final authority as to any MOUs that are entered into
pursuant to this section.
   4669.82.  (a) The department shall establish an ATHP advisory
board. Members of the advisory board shall be appointed by the
director and shall include, but not be limited to, all of the
following:
   (1) Two consumers of developmental services.
   (2) Two family members of consumers of developmental services.
   (3) Two regional center directors or their representatives.
   (4) Two providers who provide services for individuals with ASD.
   (5) The director or his or her designee.
   (6) Two representatives who have professional experience and
expertise in working with a company or organization that is providing
THS services.
   (7) Two representatives of an academic institution or institute of
higher education who have expertise in the area of ASD.
   (b) The duties of the board shall include, but not be limited to,
all of the following:
   (1) To provide assistance and expertise in the area of THS.
   (2) To provide assistance and expertise in the use of THS in
providing services for individuals with ASD across the lifespan.
   (3) To provide assistance and expertise in the areas of
professional development, consumer supports, and parental education.
   (c) Members of the advisory board shall not be compensated, except
for travel expenses as deemed appropriate by the director.
   4669.83.  (a) The department shall implement the ATHP program
using existing state General Fund resources but may seek additional
funding from federal or other public and private sources.
   (b) Funding to implement MOUs entered into pursuant to this
article may be provided directly to the regional centers. If regional
centers receive funding in accordance with this subdivision, the
regional center shall disclose the receipt of funds to the
department.
   4669.84.  (a) This article shall not be construed to alter the
scope of practice, duties, or responsibilities of any provider.
   (b) All applicable laws and regulations regarding the
confidentiality and rights of individuals to their data and
information shall apply to all THS transactions.
   4669.85.  This article shall remain in effect only until January
1, 2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.