BILL NUMBER: SB 764 AMENDED
BILL TEXT
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 to
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 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.
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, 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.
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. 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:
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 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) 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.
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, 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, 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 that
utilizes information and communications technologies to facilitate
the diagnosis, evaluation, consultation, treatment, education, care
management, supports, and self-management of consumers, regardless of
the location of the providers or consumers. Telehealth systems also
includes synchronous interactions and asynchronous store and forward
transfers.