Amended in Senate June 17, 2013

Amended in Assembly May 7, 2013

Amended in Assembly April 24, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1231


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:begin delete telehealth and teledentistry.end deletebegin insert telehealth.end insert

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 any appropriate health servicebegin insert, including behavioral health treatment, and dentistryend insert may be provided through the use of telehealth, as defined,begin delete and that dentistry may be provided through the use of teledentistry, as definedend deletebegin insert to consumers with autism spectrum disorders (ASD)end insert. The bill would require the department to provide technical assistance to regional centers on the use of telehealthbegin delete and teledentistryend delete and to request those centers to include a consideration of telehealthbegin delete and teledentistryend delete in individual program plans and individualized family services plans, as specified,begin insert for consumers with ASDend insert and to consider the use of telehealthbegin delete and teledentistryend delete services for inclusion in training programs for parentsbegin insert of consumers with ASDend insert.

The bill would provide thatbegin insert if, at any time, a consumer with ASD, or his or her parent, legal guardian, or conservator, as appropriate, requests to discontinueend insert the provision of a service through the use of telehealthbegin delete and teledentistry shall be voluntary and may be discontinued at the request of the consumer, as specifiedend deletebegin insert, the regional center shall convene a review to determine alternative, appropriate means for providing the serviceend insert. 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 telehealthbegin delete and teledentistryend delete services to regional center consumersbegin insert with ASDend insert, 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:

P2    1

SECTION 1.  

(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 servicesbegin insert,
19including behavioral and dental health care services,end insert
for
P3    1individuals with ASDbegin delete or other developmental disabilitiesend delete and their
2families in underserved populations.

3(2) Provide more cost-effective treatments and intervention
4services for individuals with ASDbegin delete or other developmental
5disabilitiesend delete
and their families.

6(3) Maximize the effectiveness of the interpersonal and
7face-to-face interactions that are utilized for the treatment of
8individuals with ASDbegin delete or other developmental disabilitiesend delete.

9(4) Continue maintenance and support of the existing service
10workforce for individuals with ASDbegin delete or other developmental
11disabilitiesend delete
.

12(5) Utilize telehealthbegin delete and teledentistryend delete to improve services for
13individuals with ASDbegin delete and other developmental disabilitiesend delete.

14

SEC. 2.  

Section 4686.21 is added to the Welfare and
15Institutions Code
, to read:

16

4686.21.  

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

17(1) Inform all regional centers that any appropriate health
18service, including, but not limited to, behavioral health treatment
19may be provided through the use of telehealthbegin insert to consumers with
20autism spectrum disorders (ASD)end insert
.

21(2) Inform all regional centers that dentistry may be provided
22through the use ofbegin delete teledentistryend deletebegin insert telehealth to consumers with ASDend insert.

23(3) Request regional centers to include a consideration of
24telehealthbegin delete and teledentistryend delete in each individual program plan (IPP)
25and individualized family service plan (IFSP)begin insert for consumers with
26ASDend insert
that includes a discussion of behavioral health treatment or
27dental health carebegin insert, or bothend insert.

28(4) Request regional centers to consider the use of telehealth
29begin deleteand teledentistry end deleteservices for inclusion in training programs for
30parentsbegin insert of consumers with ASDend insert, including, but not limited to, group
31training programs as described in clause (i) of subparagraph (B)
32of paragraph (3) of subdivision (c) of Section 4685.

33(5) Provide, using existing resources, and in partnership with
34other organizations, resources, and stakeholders, technical
35assistance to regional centers regarding the use of telehealthbegin delete and
36teledentistryend delete
begin insert to meet the behavioral health and dental care needs
37of individuals with ASDend insert
.

38(b) The department may implement appropriate vendorization
39subcodes forbegin insert services provided throughend insert telehealthbegin delete and teledentistry
40services and programsend delete
.

P4    1(c) begin deleteThe provision of a service through the use of telehealth and
2teledentistry shall be voluntary and may be discontinued at the
3request of the consumer or, as appropriate, the consumer’s parent,
4legal guardian, or conservator. end delete
If, at any time, a consumerbegin insert with
5ASDend insert
or, as appropriate, the consumer’s parent, legal guardian, or
6conservator requests to discontinue the provision of a service
7through the use of telehealthbegin delete or teledentistryend delete, the regional center
8shall convene a review to determine alternative, appropriate means
9for providing the service.

10(d) On or before December 1, 2017, the department shall forward
11to the fiscal and appropriate policy committees of the Legislature
12any information provided by the regional centers to the department
13to assess the effectiveness and appropriateness of providing
14telehealthbegin delete and teledentistryend delete services to regional center consumers
15begin insert with ASD end insert through the IPP and IFSP processes.

16(e) A provider of telehealthbegin delete or teledentistryend delete services shall be
17responsible for all expenses and costs related to the equipment,
18transmission, storage, infrastructure, and other expenses related
19to telehealthbegin delete and teledentistryend delete.

20(f) For purposes of this section, the following definitions shall
21apply:

22(1) “Behavioral health treatment” has the same meaning as set
23forth in paragraph (1) of subdivision (c) of Section 1374.73 of the
24Health and Safety Code.

25(2) “Department” means the State Department of Developmental
26Services.

begin delete

27(3) “Teledentistry” means telehealth used to deliver dental health
28care services and public dental health.

29(4)

end delete

30begin insert(3)end insert “Telehealth” has the same meaning as set forth inbegin delete paragraph
31(6) of subdivision (a) ofend delete
Section 2290.5 of the Business and
32Professions Code.

33(g) This section shall remain in effect only until January 1, 2019,
34and as of that date is repealed, unless a later enacted statute, that
35is enacted before January 1, 2019, deletes or extends that date.



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