BILL NUMBER: SB 764	AMENDED
	BILL TEXT

	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 Section 4686.21 to 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 and
services to individuals with developmental disabilities.
   This bill would require the department to  establish the
telehealth systems program to   , on a demonstration
pilot project basis,  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,  as part of a consumer's
individual program plan  upon approval of a regional center 
and the voluntary approval of the consumer or specified persons
 . 
    It 
    The bill  would also  require the department, on
this basis, to  authorize a regional center to purchase ABA or
IBI services  provided  through the use of THS  as part
of a consumer's individual program plan  if the  consumer or
specified persons voluntarily approve this use and 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   , on a demonstration pilot basis, 
 do  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)
 as part of a consumer's individual program plan  upon
approval of a regional center  and the voluntary approval of the
consumer, or where appropriate, his or her parents, legal guardian,
conservator, or authorized representative  .
   (2) Authorize a regional center to purchase ABA or IBI services
 provided  through the use of THS  as part of a consumer'
s individual program plan if both the consumer, or where appropriate,
his or her parents, legal guardian, conservator, or authorized 
 representative voluntarily approves this use of THS and 
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.

   (F) The consumer's individual program plan. 
   (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 
 the following definitions shall apply: 
    (1)     "Applied behavioral analysis" and
"intensive behavioral intervention" have the same meanings as
provided in Section 4686.2. 
    (2)     "Telehealth  systems" means a
mode of delivering services  and   that utilizes
 information  that utilizes   and
communications  technologies to  enable  
facilitate the diagnosis,  evaluation, consultation, 
and  treatment  , education, care management, supports,
and self-management  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
  consumers,  regardless of the location of the
providers or  individuals   consumers.
Telehealth systems also includes synchronous interactions and
asynchronous store and forward transfers  . 
   (e) For purposes of this section, "applied behavioral analysis"
and "intensive behavioral intervention" have the same meanings as
provided in Section 4686.2.