BILL ANALYSIS                                                                                                                                                                                                    






                        SENATE HEALTH AND HUMAN SERVICES
                               COMMITTEE ANALYSIS
                        Senator Deborah V. Ortiz, Chair


          BILL NO:       AB 688                                       
          A
          AUTHOR:        John Campbell                                
          B
          AMENDED:       May 14, 2001
          HEARING DATE:  June 27, 2001                                
          6
          FISCAL:        Appropriations                               
          8
                                                                      
          8
          CONSULTANT:                                                
          McCarthy / ak
                                        

                                     SUBJECT
                                         
                           Developmental disabilities

                                     SUMMARY  

          This bill requires the Department of Developmental Services  
          to develop and implement, by January 1, 2003, uniform based  
          evaluation protocols and guidelines to determine  
          eligibility for regional center services, as specified.

                                     ABSTRACT  

          Existing law:
          1.Establishes the Lanterman Developmental Disabilities  
            Services Act, under which an eligible individual with  
            developmental disabilities is entitled to services and  
            supports to meet his or her needs.

          2.Provides for the regional centers system, under which the  
            Department of Developmental Services (DDS) contracts with  
            21 private non-profit agencies to provide assessment,  
            eligibility determination, case coordination, and other  
            services and support in community-based settings.

          3.Specifies that the conditions that must exist for an  
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            individual to be determined eligible for DSS services  
            must originate before the age of 18 and continue, or be  
            expected to continue, indefinitely and constitute a  
            "substantial" disability for the individual.  

          4.Specifies the disorders that an individual must have to  
            be eligible for DDS services as:  a) mental retardation,  
            b) cerebral palsey, c) autism, d) epilepsy, and e)  
            conditions that require treatment similar to that  
            required for mental retardation.

          5.Specifies that handicapping conditions that are solely  
            physical in nature do not qualify an individual for  
            services under the Act.

          This bill:
          1.Requires DDS to develop and implement, by January 1,  
            2003, uniform functionally based evaluation protocols and  
            guidelines to determine eligibility for regional center  
            services.  

          2.Requires the new DDS protocols to address autism and  
            disorders not specifically listed as a disorder  
            potentially qualifying an individual for DDS services,  
            including familial dysautonomia, that require treatments  
            similar to those disabilities that are listed as  
            qualifying disorders.

          3.Requires DDS to develop by July 1, 2002, a training  
            program on the new protocols for regional center staff.

          4.Requires DDS to implement the new protocols by January 1,  
            2003 and make the protocols and guidelines available to  
            the public during development of the protocols.

                                  FISCAL IMPACT  

          According to the Assembly Appropriations Committee  
          analysis, there would be minor, absorbable costs to DDS to  
          develop and implement eligibility protocols that include  
          familial dysautonomia.  Of an estimated 17 to 20 people  
          with the disease, 15 are already receiving regional center  
          services.  DDS also indicates the cost of developing and  
          implementing evaluation protocols and guidelines could be  
          done within existing DDS resources.  No estimate is  
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          available of any training program costs.

                            BACKGROUND AND DISCUSSION  

          1.Familial dysautonomia
            This bill is sponsored by the parents of a son with  
            familial dysautonomia (FD), which is a rare genetic  
            disorder that seriously impairs the functioning of the  
            autonomic and sensory nervous systems.  FD affects Jewish  
            families in which both parents carry a particular gene,  
            and affects fewer than 20 persons in California.  Half of  
            FD patients survive to age 30.  Affected individuals can  
            experience impairment of heartbeat; inability to regulate  
            body temperature and blood pressure; insensitivity to  
            pain, heat and cold; inadequate tear production,  
            resulting in infections, corneal abrasions, and scarring;  
            and serious gastrointestinal problems.  It is present  
            from birth and poses severe physical, emotional, and  
            developmental problems as the child ages.  According to  
            information submitted to this Committee by the author,  
            experts indicate the severity of the disorder varies  
            greatly from patient to patient, and varies with a  
            particular individual's age.  Learning disabilities are  
            frequent, but mental retardation is not common in the  
            disorder.  

            According to the sponsors, there is inconsistency from  
            one regional center to another in determination of  
            eligibility for children with FD.  Most have received  
            regional center services, while some have been denied.   
            The sponsors argue that these children require treatment  
            similar to that required by children with mental  
            retardation or other developmental disabilities listed in  
            statute.  Under current law, only conditions that require  
            treatment similar to that required for mental retardation  
            qualify an individual for regional center services under  
            the "fifth category", as described in 4) on page 1 of  
            this analysis.    

            Based on information submitted to this Committee by the  
            author, in 2000 the state of New York enacted legislation  
            adding familial dysautonomia to the list of disorders  
            covered under that state's definition of a developmental  
            disability.  (That state's statutory definition of  
            eligible developmental disorders differs from  
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            California's in several ways, for example, by including  
            neurological impairment as a separate category of  
            eligibility, and also including dyslexia resulting from a  
            covered disorder as a category of eligibility.)
          
          2.Evaluation protocols and eligibility guidelines
            This bill also is intended to address the issue of  
            inconsistency among regional centers by requiring DDS to  
            develop and implement protocols for use by regional  
            centers in determining eligibility.  The protocols would  
            include not only mental retardation, autism, cerebral  
            palsy and epilepsy, but also disorders that, while not  
            specifically named, require treatment similar to these  
            disorders.

            The sponsors' son has been determined to be eligible for  
            services by the local regional center under the  
            "requiring similar treatment" to mental retardation  
            category, but the family fears that as their son grows  
            and develops, one day talking and eating by himself, the  
            evaluation may not continue to be supported, even though  
            he will still suffer pervasive developmental challenges  
            and require substantial support.  The family also fears  
            that if it ever moves, another regional center may have a  
            different opinion than their current center.
          
          3.DDS response
            According to DDS, hundreds of conditions and syndromes  
            exist that meet eligibility requirements for regional  
            center services, even though they are not listed in  
            statute, while some that are listed may not be severe  
            enough to result in eligibility for particular  
            individuals.  The key in determining eligibility is the  
            "substantial disability" standard and an individual's  
            need for "treatment similar to that required for mental  
            retardation."  

            Other attempts have been made over the years to expand  
            the list of diagnoses in the law, but DDS has opposed an  
            expansion on the basis that it would be impossible to  
            list every condition and, regardless, a regional center  
            would still have to assess each case individually to make  
            a final eligibility determination. In the case of FD,  
            because the manifestations of the condition vary from  
            person to person and over time within one person, as the  
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            experts describe, an individualized assessment would be  
            necessary whether or not the condition was listed in law.  
             DDS also points out that if a regional center's  
            determination is disputed, existing law provides a fair  
            hearing process to appeal it.

            Subsequent to the introduction of this bill, the sponsor  
            met with DDS senior staff to discuss the experience of  
            the families affected by FD and ways to promote  
            consistency among regional centers in addressing their  
            needs.  As a result of that meeting, DDS has agreed to:
                 review pertinent genetic and medical information  
               regarding FD to assess the likelihood that it would be  
               considered eligible for regional center services;
                 prepare a summary of FD characteristics as they  
               relate to regional center eligibility;
                 use the summary as the basis of a discussion at the  
               next regional center physicians meeting of the need  
               for uniform protocol for determining eligibility, and  
               recommendations for such procedures; and
                 review the recommendations from the regional center  
               eligibility task force for a protocol that more  
               uniformly assesses the "similar treatment" category.

            Assessments have a subjective component, and families  
            often disagree with the regional center when eligibility  
            is denied or services are limited.  AB 1800 (Ortiz),  
            introduced in the 1999-2000 Legislative session, was  
            intended to address one aspect of this issue through  
            requiring regional centers to consider diagnoses by  
            specialists not employed by the regional centers.  That  
            bill was held in the Assembly Appropriations Committee,  
            due to the Administration's cost concerns.
            
            In regard to AB 688, regional centers assert they are  
            attempting to improve their ability to follow eligibility  
            determination standards closely and maintain internally  
            consistent practices.  The Association of Regional Center  
            Agencies (ARCA) has on-going committees that work with  
            DDS to address these issues.  In regard to FD, DDS staff  
            argue that increased funding for regional center-based  
            clinical teams in the last several years, upgraded  
            training, and increasing knowledge of rare syndromes that  
            affect the population will help in this regard.
          
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          1.Opposition arguments
            The Inland Regional Center opposes provisions of the bill  
            requiring functionally based evaluations.  The Center  
            states that such evaluations ignore eligibility  
            evaluations based on diagnoses and standardized  
            intelligence eligibility criteria for the DDS regional  
            center system, increasing cost.  (However, according to  
            ARCA, most other states use a functionally based  
            assessment, based on degree of the individual  
            impairment.)



































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                              QUESTIONS AND COMMENTS
           
          1.Background 
            This bill highlights the contentious issue of which  
            disorders qualify for services for DDS regional center  
            services, which provides ongoing, non-means tested  
            services on an entitlement basis to those whose  
            disabilities are listed in the statutory definition and  
            whose disability is substantial.  According to DDS, there  
            are a number of disorders that, in individual cases,  
            result in a degree and type of disability similar to that  
            of the disorders listed in existing law; to some extent,  
            the determination of eligibility in regard to these cases  
            is a judgement call on the part of the regional center  
            staff.  However, if the individual is not mentally  
            retarded but is substantially disabled in other ways,  
            there may be no way to qualify the individual for  
            services under existing law. 
          


          2.Other stakeholders/Legislative review 
            AB 688 would require DDS to develop and implement  
            evaluation protocols and guidelines to determine  
            eligibility, as described.  The bill requires DDS to  
            consult only with the Association of Regional Center  
            Agencies.  As such eligibility determinations involve  
            significant policy issues, should the bill be amended to  
            require that other stakeholders knowledgeable about  
            childhood disabilities be consulted in the development of  
            the protocols, as well as interested parent groups? 

            Also, as these eligibility policy issues are of  
            significant interest to the Legislature, should DDS be  
            required to submit the proposed protocols to the  
            legislature for review and adoption, prior to  
            implementation by DDS?  This would allow the legislature  
            the opportunity to have input into the new protocols for  
            eligibility determination. 
            
          3.Author's amendment 
            As the budget for FY 2001-2001, soon  to be enacted by  
            the Legislature, is expected to include a requirement for  
            a study of the definition of autism under the regional  
            center system, the sponsor has proposed an amendment to  
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            delete autism as a disorder specifically included as a  
            disorder to be addressed in AB 688.  The sponsor's intent  
            is to avoid duplication of DDS reviews of eligibility for  
            specific disorders. 

          4.Related legislation
            Pending legislation, AB 1693 (Assembly Human Services  
            Committee), requires a mechanism be developed for  
            temporary rate adjustments for regional centers in high  
            cost areas of the state as well as rural areas, where  
            competition to recruit and retain  staff is an issue.  AB  
            1693 bill passed this Committee on June 20, 2001.

                                  PRIOR ACTIONS

           Assembly Floor:          74 - 0  Pass on Consent
          Assembly Appropriations: 21 - 0  Do Pass to Consent
          Assembly Human Services:   6 - 0  Do Pass as Amended 

                                    POSITIONS  

          Support:       Area XI Developmental Disabilities Board
                         American Academy of Pediatrics
                         Children's Hospital of Orange County
                         Familial Dysautonomia Hope, Inc.
                         Temple Beth Sholom
                         4 Individuals

          Oppose:   Inland Regional Center


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