BILL NUMBER: SBX1 5 AMENDED
BILL TEXT
AMENDED IN SENATE DECEMBER 18, 2008
INTRODUCED BY Senator Ducheny
DECEMBER 8, 2008
An act relating to the Budget Act of 2008.
An act to amend Sections 4639.5, 4640.6, 11453, 12201, and 12201.05
of the Welfare and Institutions Code, relating to human services.
LEGISLATIVE COUNSEL'S DIGEST
SB 5, as amended, Ducheny. Budget Act of 2008.
Human services.
Existing law, the Lanterman Developmental Disabilities Services
Act, requires the State Department of Developmental Services to
allocate funds to private nonprofit regional centers for the
provision of community services and support for persons with
developmental disabilities and their families and sets forth the
duties of regional centers in that regard.
Existing law requires that contracts between the department and
regional centers specify certain coordinator-to-consumer ratios.
Existing law also requires these contracts to require the regional
center to have, or contract for, expertise in certain areas.
This bill would provide that, from February 1, 2009, to June 30,
2010, inclusive, certain coordinator-to-consumer ratio requirements
shall not apply and that a regional center shall not be required to
have or contract for certain areas of expertise.
Existing law requires regional centers, by December 1 of each
year, to provide a listing to the department of a complete salary
schedule for all personnel classifications used by the regional
center and information on all prior fiscal year expenditures, as
specified.
This bill, from February 1, 2009, to June 30, 2010, inclusive,
would suspend the salary schedule reporting requirements. The bill
would also provide that regional centers shall not be required to
report certain prior fiscal year operations expenditures in 2008 and
2009.
The bill would also require regional centers, in order to
implement changes in the level of funding for regional center
purchase of services, from February 1, 2009, to June 30, 2010,
inclusive, to reduce certain payments for services delivered on or
after December 1, 2008, by 3%, except as specified.
Existing federal law provides for allocation of federal funds
through the federal Temporary Assistance for Needy Families (TANF)
block grant program to eligible states. Existing law provides for the
California Work Opportunity and Responsibility to Kids (CalWORKs)
program under which, through a combination of state and county funds
and federal funds received through the TANF program, each county
provides cash assistance and other benefits to qualified low-income
families.
Existing law, with certain exceptions, requires an annual
cost-of-living adjustment to be made in maximum aid payments provided
to needy families under the CalWORKs program.
This bill would provide that no adjustment to the maximum aid
payment would be made for the 2009-10 fiscal year.
Existing law provides for the State Supplementary Program for the
Aged, Blind and Disabled (SSP), which requires the State Department
of Social Services to contract with the United States Secretary of
Health and Human Services to make payments to SSP recipients to
supplement Supplemental Security Income (SSI) payments made available
pursuant to the federal Social Security Act.
Under existing law, benefit payments under the SSP are calculated
by establishing the maximum level of nonexempt income and federal SSI
and state SSP benefits for each category of eligible recipient. The
state SSP payment is the amount, when added to the nonexempt income
and SSI benefits available to the recipient, which would be required
to provide the maximum benefit payment. Under existing law, this
adjustment becomes effective on January 1 of each year, until the
2010 calendar year, and thereafter, when the adjustment takes effect
on June 1.
This bill would provide that no benefit adjustment would be made
for the 2010 calendar year, and would require the adjustment to be
made effective June 1 commencing with the 2011 calendar year and
thereafter.
Existing law provides that, commencing with the 2004 calendar year
and thereafter, in any calendar year in which no cost-of-living
adjustment is made to the payment schedules, there shall be a pass
along of any cost-of-living increases in federal SSI benefits.
This bill would, for the 2009 calendar year, provide for the
elimination of the federal pass along commencing April 1, 2009,
except as specified.
This bill would become operative if either AB 2 or SB 2 and AB 9
or SB 9 of the 2009-10 First Extraordinary Session of the Legislature
are chaptered.
The California Constitution authorizes the Governor to declare a
fiscal emergency and to call the Legislature into special session for
that purpose. The Governor issued a proclamation declaring a fiscal
emergency, and calling a special session for this purpose, on
December 1, 2008.
This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 1, 2008,
pursuant to the California Constitution.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2008.
The California Constitution authorizes the Governor to declare a
fiscal emergency and to call the Legislature into special session for
that purpose. The Governor issued a proclamation declaring a fiscal
emergency, and calling a special session for this purpose, on
December 1, 2008.
This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 1, 2008,
pursuant to the California Constitution.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4639.5 of the
Welfare and Institutions Code is amended to read:
4639.5. (a) By December 1 of each year, each regional center
shall provide a listing to the State Department of Developmental
Services a complete current salary schedule for all personnel
classifications used by the regional center. The information shall be
provided in a format prescribed by the department. The department
shall provide this information to the public upon request. From
February 1, 2009, to June 30, 2010, inclusive, the requirements of
this subdivision shall not apply.
(b) By December 1 of each year, each regional center shall report
information to the State Department of Developmental Services on all
prior fiscal year expenditures from the regional center operations
budget for all administrative services, including managerial,
consultant, accounting, personnel, labor relations, and legal
services, whether procured under a written contract or otherwise.
Expenditures for the maintenance, repair , or purchase of
equipment or property shall not be required to be reported for
purposes of this subdivision. The report shall be prepared in a
format prescribed by the department and shall include, at a minimum,
for each recipient the amount of funds expended, the type of service,
and purpose of the expenditure. The department shall provide this
information to the public upon request. Regional centers shall
not be required to prepare or submit the report required by this
subdivision in 2008 and 2009.
SEC. 2. Section 4640.6 of the Welfare
and Institutions Code is amended to read:
4640.6. (a) In approving regional center contracts, the
department shall ensure that regional center staffing patterns
demonstrate that direct service coordination are the highest
priority.
(b) Contracts between the department and regional centers shall
require that regional centers implement an emergency response system
that ensures that a regional center staff person will respond to a
consumer, or individual acting on behalf of a consumer, within two
hours of the time an emergency call is placed. This emergency
response system shall be operational 24 hours per day, 365 days per
year.
(c) Contracts between the department and regional centers shall
require regional centers to have service coordinator-to-consumer
ratios, as follows:
(1) An average service coordinator-to-consumer ratio of 1 to 62
for all consumers who have not moved from the developmental centers
to the community since April 14, 1993. In no case shall a service
coordinator for these consumers have an assigned caseload in excess
of 79 consumers for more than 60 days.
(2) An average service coordinator-to-consumer ratio of 1 to 45
for all consumers who have moved from a developmental center to the
community since April 14, 1993. In no case shall a service
coordinator for these consumers have an assigned caseload in excess
of 59 consumers for more than 60 days.
(3) Commencing January 1, 2004, the following
coordinator-to-consumer ratios shall apply:
(A) All consumers three years of age and younger and for consumers
enrolled on in the Home and
Community-based Services Waiver program for persons with
developmental disabilities, an average service
coordinator-to-consumer ratio of 1 to 62.
(B) All consumers who have moved from a developmental center to
the community since April 14, 1993, and have lived continuously in
the community for at least 12 months, an average service
coordinator-to-consumer ratio of 1 to 62.
(C) All consumers who have not moved from the developmental
centers to the community since April 14, 1993, and who are not
described in subparagraph (A), an average service
coordinator-to-consumer ratio of 1 to 66.
(4) For purposes of paragraph (3), service coordinators may have a
mixed caseload of consumers three years of age and younger,
consumers enrolled on in the Home and
Community-based Services Waiver program for persons with
developmental disabilities, and other consumers if the overall
average caseload is weighted proportionately to ensure that overall
regional center average service coordinator-to-consumer ratios as
specified in paragraph (3) are met. For purposes of paragraph (3), in
no case shall a service coordinator have an assigned caseload in
excess of 84 for more than 60 days.
(d) For purposes of this section, "service coordinator" means a
regional center employee whose primary responsibility includes
preparing, implementing, and monitoring consumers' individual program
plans, securing and coordinating consumer services and supports, and
providing placement and monitoring activities.
(e) In order to ensure that caseload ratios are maintained
pursuant to this section, each regional center shall provide service
coordinator caseload data to the department, annually for each fiscal
year. The data shall be submitted in the format, including the
content, prescribed by the department. Within 30 days of receipt of
data submitted pursuant to this subdivision, the department shall
make a summary of the data available to the public upon request. The
department shall verify the accuracy of the data when conducting
regional center fiscal audits. Data submitted by regional centers
pursuant to this subdivision shall:
(1) Only include data on service coordinator positions as defined
in subdivision (d). Regional centers shall identify the number of
positions that perform service coordinator duties on less than a
full-time basis. Staffing ratios reported pursuant to this
subdivision shall reflect the appropriate proportionality of these
staff to consumers served.
(2) Be reported separately for service coordinators whose caseload
includes any of the following:
(A) Consumers who are three years of age and older and who have
not moved from the developmental center to the community since April
14, 1993.
(B) Consumers who have moved from a developmental center to the
community since April 14, 1993.
(C) Consumers who are younger than three years of age.
(D) Consumers enrolled in the Home and Community-based Services
Waiver program.
(3) Not include positions that are vacant for more than 60 days or
new positions established within 60 days of the reporting month that
are still vacant.
(4) For purposes of calculating caseload ratios for consumers
enrolled in the Home- and Community-based Services Waiver program,
vacancies shall not be included in the calculations.
(f) The department shall provide technical assistance and require
a plan of correction for any regional center that, for two
consecutive reporting periods, fails to maintain service coordinator
caseload ratios required by this section or otherwise demonstrates an
inability to maintain appropriate staffing patterns pursuant to this
section. Plans of correction shall be developed following input from
the local area board, local organizations representing consumers,
family members, regional center employees, including recognized labor
organizations, and service providers, and other interested parties.
(g) Contracts between the department and regional center shall
require the regional center to have, or contract for, all of the
following areas:
(1) Criminal justice expertise to assist the regional center in
providing services and support to consumers involved in the criminal
justice system as a victim, defendant, inmate, or parolee.
(2) Special education expertise to assist the regional center in
providing advocacy and support to families seeking appropriate
educational services from a school district.
(3) Family support expertise to assist the regional center in
maximizing the effectiveness of support and services provided to
families.
(4) Housing expertise to assist the regional center in accessing
affordable housing for consumers in independent or supportive living
arrangements.
(5) Community integration expertise to assist consumers and
families in accessing integrated services and supports and improved
opportunities to participate in community life.
(6) Quality assurance expertise, to assist the regional center to
provide the necessary coordination and cooperation with the area
board in conducting quality-of-life assessments and coordinating the
regional center quality assurance efforts.
(7) Each regional center shall employ at least one consumer
advocate who is a person with developmental disabilities.
(8) Other staffing arrangements related to the delivery of
services that the department determines are necessary to ensure
maximum cost-effectiveness and to ensure that the service needs of
consumers and families are met.
(h) Any regional center proposing a staffing arrangement that
substantially deviates from the requirements of this section shall
request a waiver from the department. Prior to granting a waiver, the
department shall require a detailed staffing proposal, including,
but not limited to, how the proposed staffing arrangement will
benefit consumers and families served, and shall demonstrate clear
and convincing support for the proposed staffing arrangement from
constituencies served and impacted, that include, but are not limited
to, consumers, families, providers, advocates, and recognized labor
organizations. In addition, the regional center shall submit to the
department any written opposition to the proposal from organizations
or individuals, including, but not limited to, consumers, families,
providers, and advocates, including recognized labor organizations.
The department may grant waivers to regional centers that
sufficiently demonstrate that the proposed staffing arrangement is in
the best interest of consumers and families served, complies with
the requirements of this chapter, and does not violate any
contractual requirements. A waiver shall be approved by the
department for up to 12 months, at which time a regional center may
submit a new request pursuant to this subdivision.
(i) The requirements of subdivisions (c), (f), and (h) shall not
apply when a regional center is required to develop an expenditure
plan pursuant to Section 4791, and when the expenditure plan
addresses the specific impact of the budget reduction on staffing
requirements and the expenditure plan is approved by the department.
(i) From February 1, 2009, to June 30, 2010, inclusive, the
following shall not apply:
(1) The service coordinator-to-consumer ratio requirements of
paragraph (1), and subparagraph (C) of paragraph (3), of subdivision
(c).
(2) The requirements of subdivision (e). The regional centers
shall, instead, maintain sufficient service coordinator caseload data
to document compliance with the service coordinator-to-consumer
ratio requirements in effect pursuant to this section.
(3) The requirements of paragraphs (1) to (6), inclusive, of
subdivision (g).
(j) (1) Any contract between the department and a regional center
entered into on and after January 1, 2003, shall require that all
employment contracts entered into with regional center staff or
contractors be available to the public for review, upon request. For
purposes of this subdivision, an employment contract or portion
thereof may not be deemed confidential nor unavailable for public
review.
(2) Notwithstanding paragraph (1), the social security number of
the contracting party may not be disclosed.
(3) The term of the employment contract between the regional
center and an employee or contractor shall not exceed the term of the
state's contract with the regional center.
SEC. 3. Section 11453 of the Welfare
and Institutions Code is ame nded to read:
11453. (a) Except as provided in subdivision (c), the amounts set
forth in Section 11452 and subdivision (a) of Section 11450 shall be
adjusted annually by the department to reflect any increases or
decreases in the cost of living. These adjustments shall become
effective July 1 of each year, unless otherwise specified by the
Legislature. For the 2000-01 fiscal year to the 2003-04 fiscal year,
inclusive, these adjustments shall become effective October 1 of each
year. The cost-of-living adjustment shall be calculated by the
Department of Finance based on the changes in the California
Necessities Index, which as used in this section means the weighted
average changes for food, clothing, fuel, utilities, rent, and
transportation for low-income consumers. The computation of annual
adjustments in the California Necessities Index shall be made in
accordance with the following steps:
(1) The base period expenditure amounts for each expenditure
category within the California Necessities Index used to compute the
annual grant adjustment are:
Food............................... $ 3,027
Clothing (apparel and upkeep)...... 406
Fuel and other utilities........... 529
Rent, residential.................. 4,883
Transportation..................... 1,757
Total............................ $10,602
(2) Based on the appropriate components of the Consumer Price
Index for All Urban Consumers, as published by the United States
Department of Labor, Bureau of Labor Statistics, the percentage
change shall be determined for the 12-month period ending with the
December preceding the year for which the cost-of-living adjustment
will take effect, for each expenditure category specified in
subdivision (a) within the following geographical areas: Los
Angeles-Long Beach-Anaheim, San Francisco-Oakland, San Diego, and, to
the extent statistically valid information is available from the
Bureau of Labor Statistics, additional geographical areas within the
state which include not less than 80 percent of recipients of aid
under this chapter.
(3) Calculate a weighted percentage change for each of the
expenditure categories specified in subdivision (a) using the
applicable weighting factors for each area used by the State
Department of Industrial Relations to calculate the California
Consumer Price Index (CCPI).
(4) Calculate a category adjustment factor for each expenditure
category in subdivision (a) by (1) adding 100 to the applicable
weighted percentage change as determined in paragraph (2) and (2)
dividing the sum by 100.
(5) Determine the expenditure amounts for the current year by
multiplying each expenditure amount determined for the prior year by
the applicable category adjustment factor determined in paragraph
(4).
(6) Determine the overall adjustment factor by dividing (1) the
sum of the expenditure amounts as determined in paragraph (4) for the
current year by (2) the sum of the expenditure amounts as determined
in subdivision (d) for the prior year.
(b) The overall adjustment factor determined by the preceding
computation steps shall be multiplied by the schedules established
pursuant to Section 11452 and subdivision (a) of Section 11450 as are
in effect during the month of June preceding the fiscal year in
which the adjustments are to occur and the product rounded to the
nearest dollar. The resultant amounts shall constitute the new
schedules which shall be filed with the Secretary of State.
(c) (1) No adjustment to the maximum aid payment set forth in
subdivision (a) of Section 11450 shall be made under this section for
the purpose of increasing the benefits under this chapter for the
1990-91, 1991-92, 1992-93, 1993-94, 1994-95, 1995-96, 1996-97, and
1997-98 fiscal years, and through October 31, 1998, to reflect any
change in the cost of living. For the 1998-99 fiscal year, the cost
of living adjustment that would have been provided on July 1, 1998,
pursuant to subdivision (a) shall be made on November 1, 1998. No
adjustment to the maximum aid payment set forth in subdivision (a) of
Section 11450 shall be made under this section for the purpose of
increasing the benefits under this chapter for the 2005-06 and
2006-07 fiscal years to reflect any change in the cost-of-living.
Elimination of the cost-of-living adjustment pursuant to this
paragraph shall satisfy the requirements of Section 11453.05, and no
further reduction shall be made pursuant to that section.
(2) No adjustment to the minimum basic standard of adequate care
set forth in Section 11452 shall be made under this section for the
purpose of increasing the benefits under this chapter for the 1990-91
and 1991-92 fiscal years to reflect any change in the cost of
living.
(3) In any fiscal year commencing with the 2000-01 fiscal year to
the 2003-04 fiscal year, inclusive, when there is any increase in tax
relief pursuant to the applicable paragraph of subdivision (a) of
Section 10754 of the Revenue and Taxation Code, then the increase
pursuant to subdivision (a) of this section shall occur. In any
fiscal year commencing with the 2000-01 fiscal year to the 2003-04
fiscal year, inclusive, when there is no increase in tax relief
pursuant to the applicable paragraph of subdivision (a) of Section
10754 of the Revenue and Taxation Code, then any increase pursuant to
subdivision (a) of this section shall be suspended.
(4) Notwithstanding paragraph (3), an adjustment to the maximum
aid payments set forth in subdivision (a) of Section 11450 shall be
made under this section for the 2002-03 fiscal year, but the
adjustment shall become effective June 1, 2003.
(5) No adjustment to the maximum aid payment set forth in
subdivision (a) of Section 11450 shall be made under this section for
the purpose of increasing benefits under this chapter for the
2007-08 and 2008-09 fiscal years.
(6) No adjustment to the maximum aid payments set forth in
subdivision (a) of Section 11450 shall be made for the 2009-10 fiscal
year.
(d) For the 2004-05 fiscal year, the adjustment to the maximum aid
payment set forth in subdivision (a) shall be suspended for three
months commencing on the first day of the first month following the
effective date of the act adding this subdivision.
(e) Adjustments for subsequent fiscal years pursuant to this
section shall not include any adjustments for any fiscal year in
which the cost of living was suspended pursuant to subdivision (c).
SEC. 4. Section 12201 of the
Welfare and Institutions Code is amended to read:
12201. (a) Except as provided in subdivision (d), the payment
schedules set forth in Section 12200 shall be adjusted annually to
reflect any increases or decreases in the cost of living. Except as
provided in subdivision (e), these adjustments shall become effective
January 1 of each year. The cost-of-living adjustment shall be based
on the changes in the California Necessities Index, which as used in
this section shall be the weighted average of changes for food,
clothing, fuel, utilities, rent, and transportation for low-income
consumers. The computation of annual adjustments in the California
Necessities Index shall be made in accordance with the following
steps:
(1) The base period expenditure amounts for each expenditure
category within the California Necessities Index used to compute the
annual grant adjustment are:
Food............................... $ 3,027
Clothing (apparel and upkeep)...... 406
Fuel and other utilities........... 529
Rent, residential............ 4,883
Transportation..................... 1,757
-----------
Total............................ $10,602
(2) Based on the appropriate components of the Consumer Price
Index for All Urban Consumers, as published by the United States
Department of Labor, Bureau of Labor Statistics, the percentage
change shall be determined for the 12-month period which ends 12
months prior to the January in which the cost-of-living adjustment
will take effect, for each expenditure category specified in
paragraph (1) within the following geographical areas: Los
Angeles-Long Beach-Anaheim, San Francisco-Oakland, San Diego, and, to
the extent statistically valid information is available from the
Bureau of Labor Statistics, additional geographical areas within the
state which include not less than 80 percent of recipients of aid
under this chapter.
(3) Calculate a weighted percentage change for each of the
expenditure categories specified in subdivision (a) using the
applicable weighting factors for each area used by the State
Department of Industrial Relations to calculate the California
Consumer Price Index (CCPI).
(4) Calculate a category adjustment factor for each expenditure
category in paragraph (1) by (1) adding 100 to the applicable
weighted percentage change as determined in paragraph (2) and (2)
dividing the sum by 100.
(5) Determine the expenditure amounts for the current year by
multiplying each expenditure amount determined for the prior year by
the applicable category adjustment factor determined in paragraph
(4).
(6) Determine the overall adjustment factor by dividing (1) the
sum of the expenditure amounts as determined in paragraph (4) for the
current year by (2) the sum of the expenditure amounts as determined
in paragraph (4) for the prior year.
(b) The overall adjustment factor determined by the preceding
computational steps shall be multiplied by the payment schedules
established pursuant to Section 12200 as are in effect during the
month of December preceding the calendar year in which the
adjustments are to occur, and the product rounded to the nearest
dollar. The resultant amounts shall constitute the new schedules for
the categories given under subdivisions (a), (b), (c), (d), (e), (f),
and (g) of Section 12200, and shall be filed with the Secretary of
State. The amount as set forth in subdivision (h) of Section 12200
shall be adjusted annually pursuant to this section in the event that
the secretary agrees to administer payment under that subdivision.
The payment schedule for subdivision (i) of Section 12200 shall be
computed as specified, based on the new payment schedules for
subdivisions (a), (b), (c), and (d) of Section 12200.
(c) The department shall adjust any amounts of aid under this
chapter to insure that the minimum level required by the Social
Security Act in order to maintain eligibility for funds under Title
XIX of that act is met.
(d) (1) No adjustment shall be made under this section for the
1991, 1992, 1993, 1994, 1995, 1996, 1997, 1998, 2004, 2006, 2007,
2008, and 2009 , and 2010 calendar
years to reflect any change in the cost of living. Elimination of the
cost-of-living adjustment pursuant to this paragraph shall satisfy
the requirements of Section 12201.05, and no further reduction shall
be made pursuant to that section.
(2) Any cost-of-living adjustment granted under this section for
any calendar year shall not include adjustments for any calendar year
in which the cost of living was suspended pursuant to paragraph (1).
(e) For the 2003 calendar year, the adjustment required by this
section shall become effective June 1, 2003.
(f) For the 2005 calendar year, the adjustment required by this
section shall become effective April 1, 2005.
(g) (1) Commencing with the 2010 2011
calendar year and in each calendar year thereafter, the annual
adjustment required by this section shall be effective June 1 of that
calendar year.
(2) Notwithstanding paragraph (1), the pass along of federal
benefits provided for in Section 12201.05 shall be effective on
January 1 of each calendar year.
SEC. 5. Section 12201.05 of the Welfare
and Institutions Code is amended to read:
12201.05. (a) Commencing (1)
Except as provided in paragraph (2), commencing with
the 2004 calendar year, and thereafter, in any calendar year in
which no cost-of-living adjustment is made pursuant to Section 12201,
the payment schedules set forth in Sections 12200, 13920, and 13921,
as adjusted pursuant to Section 12201, shall include the pass along
of any cost-of-living increases in federal benefits under Subchapter
16 (commencing with Section 1381) of Chapter 7 of Title 42 of the
United States Code, except that for the 2006 calendar year, the
federal pass along shall not become effective until April 1, 2006.
This delay shall not apply to those persons receiving payments
pursuant to subdivisions (e), (g), and (h) of Section 12200.
(2) Notwithstanding paragraph (1), for the 2009 calendar year, the
federal pass along shall be eliminated commencing April 1, 2009.
This paragraph shall not apply to those persons receiving payments
pursuant to subdivisions (e), (g), and (h) of Section 12200.
(b) Notwithstanding paragraph (2) of subdivision (d) of Section
12201, any adjustments made pursuant to this section to reflect the
pass-along pass along of federal
cost-of-living adjustments shall be included in the base amounts for
purposes of determining cost-of-living adjustments made pursuant to
Section 12201.
SEC. 6. (a) Notwithstanding any other provision of
law, in order to implement changes in the level of funding for
regional center purchase of services, regional centers shall reduce
payments for services and supports provided pursuant to Title 14
(commencing with section 95000) of the Government Code and Division
4.1 (commencing with section 4400) and Division 4.5 (commencing with
Section 4500) of the Welfare and Institutions Code. From February 1,
2009, to June 30, 2010, inclusive, regional centers shall reduce all
payments for these services and supports paid from purchase of
services funds for services delivered on or after February 1, 2009,
by 3 percent, unless the regional center demonstrates that a
nonreduced payment is necessary to protect the health and safety of
the individual for whom the services and supports are proposed to be
purchased, and the State Department of Developmental Services has
granted prior written approval.
(b) Regional centers shall not reduce payments pursuant to
subdivision (a) for the following:
(1) Supported employment services with rates set by Section 4860
of the Welfare and Institutions Code.
(2) Services with "usual and customary" rates established pursuant
to Section 57210 of Title 17 of the California Code of Regulations.
(3) Payments to offset reductions in Supplemental Security
Income/State Supplementary Payment (SSI/SSP) benefits for consumers
receiving supported and
independent living services.
(c) Notwithstanding any other provision of law, in order to
implement changes in the level of funding appropriated for regional
centers, the department shall amend regional center contracts to
adjust regional center budgets accordingly for the 2008-09 fiscal
year. The contract amendments and budget adjustments shall be exempt
from the provisions of Article 1 (commencing with Section 4620) of
Chapter 5 of Division 4.5 of the Welfare and Institutions Code.
SEC. 7. This act shall become operative only if
the following bills of the 2009-10 First Extraordinary Session of the
Legislature are chaptered:
(a) Assembly Bill 2 or Senate Bill 2.
(b) Assembly Bill 9 or Senate Bill 9.
SEC. 8. This act addresses the fiscal emergency
declared by the Governor by proclamation on December 1, 2008,
pursuant to subdivision (f) of Section 10 of Article IV of the
California Constitution.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2008.
SEC. 2. This act addresses the fiscal emergency
declared by the Governor by proclamation on December 1, 2008,
pursuant to subdivision (f) of Section 10 of Article IV of the
California Constitution.