BILL NUMBER: AB 1231 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 7, 2013
AMENDED IN ASSEMBLY APRIL 24, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member V. Manuel Pérez
FEBRUARY 22, 2013
An act to add and repeal Section 4686.21 of the Welfare and
Institutions Code, relating to regional center services.
LEGISLATIVE COUNSEL'S DIGEST
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
any appropriate health treatment to treat pervasive
developmental disorder or autism service 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 , and to
consider the use of telehealth and teledentistry services for
inclusion in training programs for parents .
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 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, 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:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) Autism spectrum disorders (ASD) now affect one in every 88
children of all ethnic, racial, and socioeconomic backgrounds.
(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.
(3) Approximately two-thirds of all new consumers who are entering
the regional center system are now diagnosed with ASD.
(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.
(5) A significant number of individuals with ASD suffer from
inadequate dental care.
(b) It is the intent of the Legislature to do all of the
following:
(1) Improve access to treatments and intervention services for
individuals with ASD or other developmental disabilities and their
families in underserved populations.
(2) Provide more cost-effective treatments and intervention
services for individuals with ASD or other developmental disabilities
and their families.
(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.
(4) Continue maintenance and support of the existing service
workforce for individuals with ASD or other developmental
disabilities.
(5) Utilize telehealth and teledentistry to improve services for
individuals with ASD and other developmental disabilities.
SEC. 2. Section 4686.21 is added to the Welfare and Institutions
Code, to read:
4686.21. (a) The department shall do all of the following:
(1) Inform all regional centers that behavioral health
treatment any appropriate health service, including,
but not limited to, 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) Request regional centers to consider the use of telehealth and
teledentistry services 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.
(4)
( 5) 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)
( b) 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)
( c) 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.
(f)
( d) 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 processes.
(g)
( e) 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.
(h)
( f) 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 means telehealth used to deliver
dental health care services and public dental health .
(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.
(i)
( g) 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.