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 ASSEMBLY  JUNE 20, 2012
	AMENDED IN ASSEMBLY  MAY 30, 2012
	AMENDED IN SENATE  JANUARY 12, 2012
	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 Section 4686.21 of the Welfare and
Institutions Code, relating to developmental services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 764, as amended, Steinberg. Developmental services: 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   supports  and services to individuals
with developmental disabilities.
   This bill would require the department  , as a
demonstration pilot project  ,  to  , 
authorize a provider who is vendorized with a regional center to
provide intervention services or therapeutic services to provide
these services through the use of telehealth, as defined, as part of
a consumer's individual program plan, as specified. The bill would
also require the department to authorize a regional center to
purchase intervention services or therapeutic services provided
through the use of telehealth as part of a consumer's individual
program plan if the consumer or specified persons voluntarily approve
this use and the provider demonstrates that the proposed services
meet the needs of the consumer and establishes that the services
comply with specified requirements. 
   This bill would require the department, by December 1, 2017, to
provide information to specified committees of the Legislature in
order to evaluate the effectiveness and appropriateness of telehealth
for providing services to regional center consumers through the
individual program plan process. 
   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.  It is the intent of the Legislature to do all of the
following:
   (a) Improve access to treatments and intervention services for
individuals with autism spectrum disorders (ASDs) and their families
in underserved populations.
   (b) Provide more cost-effective treatments and intervention
services for individuals with ASDs and their families.
   (c) Maximize the effectiveness of the interpersonal and
face-to-face interactions that are utilized for the treatment of
individuals with ASDs.
   (d) Continue maintenance and support of the existing service
workforce for individuals with ASDs. 
  SEC. 2.    Section 4686.21 is added to the Health
and Safety Code, to read: 
   SEC. 2.    Section 4686.21 is added to the  
Welfare and Institutions Code   , to read: 
   4686.21.  (a) To promote the use of telehealth to provide services
for individuals with autism spectrum disorders, the State Department
of Developmental Services, as a demonstration pilot project, shall
do the following:
   (1) Authorize a provider who is vendorized with a regional center
to provide intervention services or therapeutic services to provide
these services through the use of telehealth. These services shall be
provided as part of a consumer's individual program plan (IPP) upon
approval of a regional center and the voluntary approval of the
consumer, or, when appropriate, the consumer's parents, legal
guardian, conservator, or authorized representative.
   (2) (A) Authorize a regional center to purchase intervention
services or therapeutic services provided through the use of
telehealth as part of a consumer's IPP if both of the following
conditions are met:
   (i) The consumer or, when appropriate, the consumer's parents,
legal guardian, conservator, or authorized representative voluntarily
approves this use of telehealth.
   (ii) The provider demonstrates that the proposed intervention
service or therapeutic service provided through the use of telehealth
meets the needs of the consumer, as defined in the consumer's IPP.
   (B) The provider  establishes   shall
establish  that the services being provided through the use of
telehealth are, at a minimum, in compliance with all of the
following:
   (i)  All requirements related to consumer privacy and
confidentiality.
   (ii) The requirements of this division.
   (iii) State and federal requirements with regard to the purchase
of regional center services.
   (iv) All federal funding participation guidelines and
requirements.
   (3) Require regional centers to consider the use of telehealth in
the implementation of parent training for autism, as specified in
clause (i) of subparagraph (B) of paragraph (3) of subdivision (c) of
Section 4685, or any other situation when parent training may be
required.
   (b) The department shall implement vendorization codes or subcodes
for all telehealth 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 telehealth.
   (d) For purposes of this section, "telehealth" has the same
meaning as set forth in paragraph (6) of subdivision (a) of Section
2290.5 of the Business and Professions Code.
   (e) Consumers with developmental disabilities may receive
intervention services or therapeutic services through the use of
telehealth on a provisional basis, with parental consent if the
consumer is a minor, with the consent of the consumer if the consumer
is an adult, or with the consent of the guardian or conservator of
the consumer, as set forth in the consumer's IPP. The provisional
period for receiving services through the use of telehealth shall not
exceed 12 months. During the provisional period, any consumer who
receives services through the use of telehealth pursuant to this
section shall have an automatic right to return to his or her
preexisting services, as defined by the consumer's IPP, that were in
place prior to the implementation of the telehealth service. 
   (f) By December 1, 2017, based on information provided by regional
centers, the department shall provide information to the fiscal and
appropriate policy committees of the Legislature related to the
frequency, applications, cost-effectiveness, and other appropriate
information that may be deemed necessary by the department in order
to evaluate the effectiveness and appropriateness of telehealth for
providing services to regional center consumers through the IPP
process.  
   (g) Nothing in this section shall prevent or preclude the use of
telehealth by regional centers for services to their consumers who
are diagnosed with developmental disabilities other than autism
spectrum disorders.  
   (f) 
    (h)   This section shall remain in effect only until
January 1, 2018, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2018, deletes or
extends that date.