AB 1231, as amended, V. Manuel Pérez. Regional centers: telehealth and teledentistry.
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.
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.
The bill would require providers of telehealth and teledentistry services to maintain the privacy and security of all confidential consumer information. The bill would providebegin delete 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,end delete 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,begin delete and that the consumer may return to his or her preexisting services,end delete 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
(a) The Legislature finds and declares all of the
2following:
3(1) Autism spectrum disorders (ASD) now affect one in every
488 children of all ethnic, racial, and socioeconomic backgrounds.
5(2) ASD is now the fastest growing developmental disability in
6California and the nation and is more common than childhood
7cancer, juvenile diabetes, and pediatric AIDS combined.
8(3) Approximately two-thirds of all new consumers who are
9entering the regional center system are now diagnosed with ASD.
10(4) Behavioral health treatment (BHT), also known as early
11intervention therapy or applied behavior analysis, is established
12to improve brain function, cognitive abilities, and activities of
13daily living for a significant number of individuals with ASD, but
14may not be accessible or available in underserved communities.
15(5) A significant number of individuals with ASD suffer from
16inadequate dental care.
17(b) It is the intent of the Legislature to do all of the following:
18(1) Improve access to treatments and intervention services for
19individuals with ASD or other developmental disabilities and their
20families in underserved populations.
21(2) Provide more cost-effective treatments and intervention
22services for individuals with ASD or other developmental
23disabilities and their families.
P3 1(3) Maximize the effectiveness of the interpersonal and
2face-to-face interactions that are utilized for the treatment of
3 individuals with ASD or other developmental disabilities.
4(4) Continue maintenance and support of the existing service
5workforce for individuals with ASD or other developmental
6disabilities.
7(5) Utilize telehealth and teledentistry to improve services for
8individuals with ASD and other developmental disabilities.
Section 4686.21 is added to the Welfare and
10Institutions Code, to read:
(a) The department shall do all of the following:
12(1) Inform all regional centers that behavioral health treatment
13may be provided through the use of telehealth.
14(2) Inform all regional centers that dentistry may be provided
15through the use of teledentistry.
16(3) Request regional centers to include a consideration of
17telehealth and teledentistry in each individual program plan (IPP)
18and individualized family service plan (IFSP) that includes a
19discussion of behavioral health treatment or dental health care.
20(4) Provide, using existing resources, and in partnership with
21other organizations, resources, and stakeholders, technical
22assistance to regional centers regarding the use of telehealth and
23teledentistry.
24(b) The use of telehealth and teledentistry services shall be
25considered for inclusion in training programs for parents, including,
26but not limited to, group training programs as described in clause
27(i) of subparagraph (B) of paragraph (3) of subdivision (c) of
28Section 4685.
29(c) The department may implement appropriate vendorization
30subcodes for telehealth and teledentistry services and programs.
31(d) Providers of telehealth and teledentistry services shall
32maintain the privacy and security of all confidential
consumer
33information.
34(e) A consumer may receive behavioral health treatment and
35
dentistry services through the use of telehealth or teledentistry on
36a provisional basis with the consent of the consumer or, as
37appropriate, the consumer’s parent, legal guardian, or conservator,
38as set forth in the consumer’s IPP or IFSP. The provisional period
39for receiving services through the use of telehealth or teledentistry
40shall not exceed 12 months. During the provisional period, any
P4 1consumer who receives services through the use of telehealth or
2teledentistry may return to his or her preexisting services, as
3defined by the consumer’s IPP or IFSP, that were in place prior
4to the commencement of the telehealth or teledentistry services,
5subject to subdivision (f).
6(f)
end delete
7begin insert(end insertbegin inserte)end insert The provision of a service through the use of telehealth and
8teledentistry shall be voluntary and may be discontinued at the
9request of the consumer or, as appropriate, the consumer’s parent,
10legal guardian, or conservator. If, at any time, a consumer or, as
11 appropriate, the consumer’s parent, legal guardian, or conservator
12requests to discontinue the provision of a service through the use
13of telehealth or teledentistry, the regional center shall convene a
14review to determine alternative, appropriate means for providing
15the service.
16(g)
end delete
17begin insert(end insertbegin insertf)end insert On or before December 1, 2017, the department shall forward
18to the fiscal and appropriate policy committees of the Legislature
19any information provided by the regional centers to the department
20to assess the effectiveness and appropriateness of providing
21telehealth and teledentistry services to regional center consumers
22through the IPP and IFSPbegin delete processend deletebegin insert processesend insert.
23(h)
end delete
24begin insert(end insertbegin insertg)end insert A provider of telehealth or teledentistry services shall be
25responsible for all expenses and costs related to the equipment,
26transmission, storage, infrastructure, and other expenses related
27to telehealth and teledentistry.
28(i)
end delete
29begin insert(end insertbegin inserth)end insert For purposes of this section, the following definitions shall
30apply:
31(1) “Behavioral health treatment” has the same meaning as set
32forth in paragraph (1) of subdivision (c) of Section 1374.73 of the
33Health
and Safety Code.
34(2) “Department” means the State Department of Developmental
35Services.
36(3) “Teledentistry” is the use of information technology and
37telecommunications for dental care, consultation, education, and
38public awareness in the same manner as described in paragraph
39(6) of subdivision (a) of Section 2290.5 of the Business and
40Professions Code.
P5 1(4) “Telehealth” has the same meaning as set forth in paragraph
2(6) of subdivision (a) of Section 2290.5 of the Business and
3Professions Code.
4(j)
end delete
5begin insert(end insertbegin inserti)end insert This section shall remain in effect only until January 1, 2019,
6and as of that date is repealed, unless a later enacted statute, that
7is enacted before January 1, 2019, deletes or extends that date.
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