Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1231

Introduced by Assembly Member V. Manuel Pérez

February 22, 2013

An act begin insert to add and repeal Section 4686.21 of the Welfare and Institutions Code, end insert relating to begin delete autism. end delete begin insert regional center services. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1231, as amended, V. Manuel Pérez. begin delete Autism services: demonstration program. end delete begin insert Regional centers: telehealth and teledentistry. end insert

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The Lanterman Developmental Disabilities Services Act authorizes the State Department of Developmental Services to contract with regional centers to provide services and support to individuals with developmental disabilities, including autism.

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This bill would, until January 1, 2019, require the department to inform all regional centers that behavioral health treatment to treat pervasive developmental disorder or autism may be provided through the use of telehealth, as defined, and that dentistry may be provided through the use of teledentistry, as defined. The bill would require the department to provide technical assistance to regional centers on the use of telehealth and teledentistry and to request those centers to include a consideration of telehealth and teledentistry in individual program plans and individualized family services plans, as specified.

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The bill would require providers of telehealth and teledentistry services to maintain the privacy and security of all confidential consumer information. The bill would provide that a consumer may receive behavioral health treatment and dentistry services through the use of telehealth or teledentistry on a provisional basis not to exceed 12 months, as specified, that the provision of a service through the use of telehealth and teledentistry shall be voluntary and may be discontinued at the request of the consumer, and that the consumer may return to his or her preexisting services, as specified. The bill would require the department, on or before December 1, 2017, to forward to the fiscal and appropriate policy committees of the Legislature information provided by the regional centers to assess the effectiveness and appropriateness of providing telehealth and teledentistry services to regional center consumers, as specified.

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The Lanterman Developmental Disabilities Services Act authorizes the State Department of Developmental Services to contract with regional centers to provide services and support to individuals with developmental disabilities, including autism.

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This bill would declare the intent of the Legislature to enact legislation that would promote the use of technology and telehealth for the delivery of regional center services for individuals with autism spectrum disorders.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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(a) The Legislature finds and declares all of the
following:

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(1) Autism spectrum disorders (ASD) now affect one in every
88 children of all ethnic, racial, and socioeconomic backgrounds.

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(2) ASD is now the fastest growing developmental disability in
California and the nation and is more common than childhood
cancer, juvenile diabetes, and pediatric AIDS combined.

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(3) Approximately two-thirds of all new consumers who are
entering the regional center system are now diagnosed with ASD.

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(4) Behavioral health treatment (BHT), also known as early
intervention therapy or applied behavior analysis, is established
to improve brain function, cognitive abilities, and activities of
daily living for a significant number of individuals with ASD, but
may not be accessible or available in underserved communities.

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(5) A significant number of individuals with ASD suffer from
inadequate dental care.

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(b) It is the intent of the Legislature to do all of the following:

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(1) Improve access to treatments and intervention services for
individuals with ASD or other developmental disabilities and their
families in underserved populations.

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(2) Provide more cost-effective treatments and intervention
services for individuals with ASD or other developmental
disabilities and their families.

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(3) Maximize the effectiveness of the interpersonal and
face-to-face interactions that are utilized for the treatment of
individuals with ASD or other developmental disabilities.

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(4) Continue maintenance and support of the existing service
workforce for individuals with ASD or other developmental
disabilities.

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(5) Utilize telehealth and teledentistry to improve services for
individuals with ASD and other developmental disabilities.

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begin insert SEC. 2. end insert   

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begin insert Section 4686.21 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

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begin insert 4686.21. end insert   

(a) The department shall do all of the following:

(1) Inform all regional centers that behavioral health treatment
may be provided through the use of telehealth.

(2) Inform all regional centers that dentistry may be provided
through the use of teledentistry.

(3) Request regional centers to include a consideration of
telehealth and teledentistry in each individual program plan (IPP)
and individualized family service plan (IFSP) that includes a
discussion of behavioral health treatment or dental health care.

(4) Provide, using existing resources, and in partnership with
other organizations, resources, and stakeholders, technical
assistance to regional centers regarding the use of telehealth and
teledentistry.

(b) The use of telehealth and teledentistry services shall be
considered for inclusion in training programs for parents,
including, but not limited to, group training programs as described
in clause (i) of subparagraph (B) of paragraph (3) of subdivision
(c) of Section 4685.

(c) The department may implement appropriate vendorization
subcodes for telehealth and teledentistry services and programs.

(d) Providers of telehealth and teledentistry services shall
maintain the privacy and security of all confidential consumer
information.

(e) A consumer may receive behavioral health treatment and
dentistry services through the use of telehealth or teledentistry on
a provisional basis with the consent of the consumer or, as
appropriate, the consumer’s parent, legal guardian, or
conservator, as set forth in the consumer’s IPP or IFSP. The
provisional period for receiving services through the use of
telehealth or teledentistry shall not exceed 12 months. During the
provisional period, any consumer who receives services through
the use of telehealth or teledentistry may return to his or her
preexisting services, as defined by the consumer’s IPP or IFSP,
that were in place prior to the commencement of the telehealth or
teledentistry services, subject to subdivision (f).

(f) The provision of a service through the use of telehealth and
teledentistry 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 or teledentistry, the regional center shall convene a
review to determine alternative, appropriate means for providing
the service.

(g) On or before December 1, 2017, the department shall
forward to the fiscal and appropriate policy committees of the
Legislature any information provided by the regional centers to
the department to assess the effectiveness and appropriateness of
providing telehealth and teledentistry services to regional center
consumers through the IPP and IFSP process.

(h) A provider of telehealth or teledentistry services shall be
responsible for all expenses and costs related to the equipment,
transmission, storage, infrastructure, and other expenses related
to telehealth and teledentistry.

(i) For purposes of this section, the following definitions shall
apply:

(1) “Behavioral health treatment” has the same meaning as set
forth in paragraph (1) of subdivision (c) of Section 1374.73 of the
Health and Safety Code.

(2) “Department” means the State Department of
Developmental Services.

(3) “Teledentistry” is the use of information technology and
telecommunications for dental care, consultation, education, and
public awareness in the same manner as described in paragraph
(6) of subdivision (a) of Section 2290.5 of the Business and
Professions Code.

(4) “Telehealth” has the same meaning as set forth in paragraph
(6) of subdivision (a) of Section 2290.5 of the Business and
Professions Code.

(j) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

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SECTION 1.  

It is the intent of the Legislature to enact
legislation that would promote the use of technology and telehealth
for the delivery of regional center services for individuals with
autism spectrum disorders.

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