BILL NUMBER: AB 302 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Beall FEBRUARY 17, 2009 An act to amend Section 4434 of the Welfare and Institutions Code, relating to developmental services. LEGISLATIVE COUNSEL'S DIGEST AB 302, as introduced, Beall. Developmental services: regional centers. Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is authorized to contract with regional centers to provide, either directly or through the purchase of finances, services and supports to individuals with developmental disabilities. Under existing law, the department is required to ensure that regional centers comply with state and federal law, including, among other things, purchase of services policies. This bill would require the department to use existing data to determine specified information, for the state as a whole and by regional center, relevant to the use of purchase of services funds by regional centers for linguistically and ethnically diverse consumers. 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 4434 of the Welfare and Institutions Code is amended to read: 4434. (a) Notwithstanding preexisting rights to enforce the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)), it is the intent of the Legislature that the department ensure that the regional centers operate in compliance with federal and state law and regulation and provide services and supports to consumers in compliance with the principles and specifics of this division. (b) The department shall take all necessary actions to support regional centers to successfully achieve compliance with this section and provide high quality services and supports to consumers and their families. (c) The contract between the department and individual regional centers required by Chapter 5 (commencing with Section 4620) of Division 4.5 shall include a provision requiring each regional center to render services in accordance with applicable provisions of state laws and regulations. In the event that the department finds a regional center has violated this requirement, or whenever it appears that any regional center has engaged in or is about to engage in any act or practice constituting a violation of any provision of Division 4.5 (commencing with Section 4500) or any regulation adopted thereunder, the department shall promptly take the appropriate steps necessary to ensure compliance with the law, including actions authorized under Section 4632 or 4635. The department, as the director deems appropriate, may pursue other legal or equitable remedies for enforcement of the obligations of regional centers including, but not limited to, seeking specific performance of the contract between the department and the regional center or otherwise act to enforce compliance with Division 4.5 (commencing with Section 4500) or any regulation adopted thereunder. (d) As part of its responsibility to monitor regional centers, the department shall collect and review printed materials issued by the regional centers, including, but not limited to, purchase of service policies and other policies and guidelines utilized by regional centers when determining the services needs of a consumer, instructions and training materials for regional center staff, board meeting agendas and minutes, and general policy and notifications provided to all providers and consumers and families. Within a reasonable period of time, the department shall review new or amended purchase-of-service policies prior to implementation by the regional center to ensure compliance with statute and regulation. The department shall take appropriate and necessary steps to prevent regional centers from utilizing a policy or guideline that violates any provision of Division 4.5 (commencing with Section 4500) or any regulation adopted thereunder. (e) (1) As part of its responsibility to monitor regional centers and to assist in determining whether purchase of service funds are being spent equitably among the state's linguistically and ethnically diverse population, the department shall use existing data to determine all of the following: (A) The number and percentage of individuals, by ethnicity and age and by primary language and age, who have been determined to be eligible for regional center services but are not receiving any services using purchase of service funds. (B) The average annual per capita purchase of service expenditures for individuals who are receiving services using purchase of services funds, overall, by residence type, and by service category with details by ethnicity and age and primary language and age. (2) The data required by paragraph (1) shall be determined for the state as a whole and separately for each regional center. The data shall be updated annually and posted on the department's Internet Web site.