BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 89|
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THIRD READING
Bill No: AB 89
Author: Assembly Budget Committee
Amended: 6/11/13 in Senate
Vote: 21
ASSEMBLY FLOOR : Not relevant
SUBJECT : Developmental services
SOURCE : Author
DIGEST : This bill makes various statutory changes to the
Welfare and Institutions Code necessary to implement the
developmental services-provisions of the Budget Act of 2013.
ANALYSIS : This bill includes the following key changes:
1. Establishes a requirement for the Administration to submit
a master plan for the future of developmental centers, which
it has committed to producing by November 15, 2013, to the
Legislature, by that same date. Requires the Administration
in the preparation of this plan, to consult with a
cross-section of stakeholders, as specified. Creates a
requirement for the Administration to report, by January 10,
2014, to the Legislature regarding the Administration's
resulting plans to meet the needs of current developmental
center residents, and to ensure the delivery of
cost-effective, integrated, and quality services for this
population.
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AB 89
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2. Requires the Department of Developmental Services (DDS) to
complete closure of the Lanterman Developmental Center (LDC)
in the Fall of 2014 (no later than December 31, 2014).
3. Removes a previously enacted, two-year time limit on the
Community State Staff program associated with the closure of
LDC. The program allows DDS to contract with an entity,
such as a community-based provider of services, for use of
the department's employees to provide services in
furtherance of the orderly closure of the facility.
4. Clarifies that existing restrictions on the use of
Institutions for Mental Disease (IMDs), enacted in trailer
bill language in 2012 (AB 1472, Chapter 25, Statutes of
2012), apply irrespective of the availability of federal
financial participation in the costs associated with the
placements. At the same time, this bill authorizes, until
July 1, 2014, the placement of consumers, who are under 21
years of age, in IMDs for a period of time that exceeds 180
days, if specified conditions are met. These placements are
not, however, authorized to extend beyond a period of one
year, unless specified conditions are met and DDS approves a
requested 30-day extension.
5. Require DDS and regional centers to work together to
identify services and supports needed for individuals under
the age of 21 with both developmental and mental health
disabilities, and to facilitate the development of
community-based resources, as specified.
6. Clarifies existing provisions, also established in AB 1472,
that require regional centers to conduct comprehensive
assessments of the needs of any consumer residing in an
institution for mental disease and specified consumers
residing in developmental centers. Specifies that regional
centers identify the services and supports that enable the
consumer to move to a community setting, and to make other,
related changes.
7. Specifies that regional centers provide, to the extent
appropriate, relevant information from the statewide
specialized resource service to individual program planning
teams, as specified.
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8. Ensures that clients' rights advocates are notified of, and
unless the consumer objects, authorized to participate in,
hearings by writ of habeas corpus for release from specified
facilities. Requires that clients' rights advocates receive
notice of, and be authorized, unless the consumer objects,
to participate in, specified individual program planning
team meetings. Requires specified notices to the clients'
rights advocate when regional centers make, or extend, as
specified, placements in institutions for mental disease.
9. Establishes authority for regional centers to pay the costs
of health insurance copays and coinsurance payments that are
associated with a consumer accessing services identified as
necessary in his/her Individual Program Plan. Specifies the
conditions under which regional centers are authorized to
make such copay or coinsurance payments, and prohibits
payment by regional centers of costs associated with
insurance deductibles. The anticipated General Fund costs
in 2013-14 associated with coverage of these co-payments and
co-insurance is $9.9 million.
10. Eliminates the sunset date on a requirement for families
with children under the age of 18, living at home, who
receive services from regional centers beyond eligibility
determination, needs assessment, and service coordination,
to pay annual fees of $150 or $200. The application of this
policy in 2013-14 is anticipated to result in $3.8 million
General Fund savings.
11. Makes technical changes to Sections 6500 and 6509 of the
Welfare and Institutions Code, clarifying that changes made
in AB 1472 were not intended to preclude court-ordered
placements for individuals who are found to be a danger to
themselves or others, in settings less restrictive than
developmental centers.
12. Clarifies that regional centers must notify DDS of meetings
scheduled, in accordance with existing requirements,
regarding specified data with respect to purchase of
service, authorization, utilization, and expenditure by
regional center. Requires the regional centers and DDS to
collaborate to collect data with respect to the payment of
copays and coinsurance. Requires DDS to post notice of the
meetings on its website.
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13. Provides that, if the Commission on State Mandates
determines that the bill contains costs mandated by the
state, reimbursement for those costs shall be made pursuant
to existing law.
14. Extends the period to liquidate encumbrances of funds
appropriated in Item 4300-003-0001 of the Budget Act of 2010
(Chapter 712, Statutes of 2010), to June 30, 2014, thereby
making an appropriation.
15. Declares that it is to take effect immediately as a bill
providing for appropriations related to the Budget Bill.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
JL:d 6/13/13 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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