BILL NUMBER: SB 764 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 3, 2012
AMENDED IN ASSEMBLY JUNE 20, 2012
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
of 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 supports 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
each regional center individual program planning team
to consider the use of telehealth, as defined, whenever applicable,
for the purpose of improving access to intervention and therapeutic
services for consumers and family members and for purposes of
facilitating better and cost -effective
services, as provided .
This bill would require the department to evaluate the
efficacy and cost -effectiveness of providing services to
consumers using telehealth, and , by December 1,
31, 2017, to provide information to specified
committees of the Legislature in order to evaluate the effectiveness
and appropriateness of telehealth for providing services to regional
center consumers through the individual program plan process
. This bill would authorize regional
centers to agree to participate in the evaluation of telehealth
services by the department, and if a regional center agrees to
participate in this evaluation, would require the regional center to
provide to the department specified information, as requested by the
department .
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) or other
developmental disabilities and their families in underserved
populations.
(b) Provide more cost-effective treatments and intervention
services for individuals with ASDs or other developmental
disabilities 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 or other developmental disabilities
.
(d) Continue maintenance and support of the existing service
workforce for individuals with ASDs or other developmental
disabilities .
SEC. 2. Section 4686.21 is added to the Welfare
and Institutions 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 shall establish 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) By December 1, 2017, based on information provided by regional
centers, the department shall provide information to the fiscal and
appropriate policy committees of the Legislature related to the
frequency, applications, cost-effectiveness, and other appropriate
information that may be deemed necessary by the department in order
to evaluate the effectiveness and appropriateness of telehealth for
providing services to regional center consumers through the IPP
process.
(g) Nothing in this section shall prevent or preclude the use of
telehealth by regional centers for services to their consumers who
are diagnosed with developmental disabilities other than autism
spectrum disorders.
(h) 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.
SEC. 2. Section 4686.21 is added to the
Welfare and Institutions Code , to read:
4686.21. (a) (1) To improve access to intervention and
therapeutic services for consumers and family members, including
those from underserved communities, and for purposes of facilitating
better and cost-effective services, each individual program planning
team shall consider the use of telehealth, whenever applicable.
(2) Telehealth shall be considered for parent trainings,
including, but not limited to, trainings as specified in clause (i)
of subparagraph (B) of paragraph (3) of subdivision (c) of Section
4685.
(3) The State Department of Developmental Services shall implement
appropriate vendorization codes or subcodes for telehealth services
and programs.
(4) Providers of telehealth services shall maintain the privacy
and security of all confidential consumer information.
(5) The provision of a service through the use of telehealth shall
be voluntary and may be discontinued at the request of the consumer
or, as appropriate, the consumer's parent, legal guardian, or
conservator. If, at any time, a consumer or, as appropriate, the
consumer's parent, legal guardian, or conservator requests to
discontinue the provision of a service through the use of telehealth,
the regional center shall convene an individual program plan review
pursuant to subdivision (b) of Section 4646.5 to determine
alternative, appropriate means for providing the service.
(b) (1) The State Department of Developmental Services shall
evaluate the efficacy and cost-effectiveness of providing services to
consumers using telehealth.
(2) Regional centers may agree to participate in the evaluation of
telehealth services by the department. If a regional center agrees
to participate in this evaluation, the regional center shall provide
to the department information, as requested by the department, on
frequency, applications, cost-effectiveness, consumer and family
satisfaction, and any other information deemed necessary by the
department to evaluate the effectiveness and appropriateness of
telehealth for providing services to regional center consumers.
(3) By December 31, 2017, based on the information provided to the
department by the participating regional centers, the department
shall provide information to the appropriate fiscal and policy
committees related to the cost-effectiveness and efficacy of
providing services to consumers using telehealth.
(c) 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.