BILL NUMBER: AB 1231 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 17, 2013
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. telehealth.
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 service
, including behavioral health treatment, and dentistry may be
provided through the use of telehealth, as defined, and that
dentistry may be provided through the use of teledentistry, as
defined to consumers with autism spectrum
disorders (ASD) . 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, for
consumers with ASD and to consider the use of telehealth
and teledentistry services for inclusion in
training programs for parents of consumers with ASD .
The bill would provide that if, at any time, a consumer with
ASD, or his or her parent, legal guardian, or conservator, as
appropriate, requests to discontinue 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 regional center shall convene a review
to determine alternative, appropriate means for providing the
service . 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 with ASD , 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 ,
including behavioral and dental health care 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 any appropriate health
service, including, but not limited to, behavioral health treatment
may be provided through the use of telehealth to consumers with
autism spectrum disorders (ASD) .
(2) Inform all regional centers that dentistry may be provided
through the use of teledentistry telehealth
to consumers with ASD .
(3) Request regional centers to include a consideration of
telehealth and teledentistry in each individual
program plan (IPP) and individualized family service plan (IFSP)
for consumers with ASD that includes a discussion of
behavioral health treatment or dental health care , or both
.
(4) Request regional centers to consider the use of telehealth
and teledentistry services for inclusion in
training programs for parents of consumers with ASD ,
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.
(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 to meet the behavioral
health and dental care needs of individuals with ASD .
(b) The department may implement appropriate vendorization
subcodes for services provided through telehealth
and teledentistry services and programs .
(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 with ASD 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.
(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 with ASD through the IPP and IFSP processes.
(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 .
(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" means telehealth used to deliver dental health
care services and public dental health.
(4)
(3) "Telehealth" has the same meaning as set forth in
paragraph (6) of subdivision (a) of Section 2290.5
of the Business and Professions Code.
(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.