Amended in Senate June 27, 2013

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 Bill No. 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: 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 begin delete , including behavioral health treatment, end delete and dentistry may be provided through the use of telehealth, as defined, to consumers begin delete with autism spectrum disorders (ASD). end delete begin insert of regional center services. end insert The bill would require the department to provide technical assistance to regional centers on the use of telehealth and to request those centers to include a consideration of telehealth in individual program plans and individualized family services plans, as specified, for consumers begin delete with ASD end delete and to consider the use of telehealth services for inclusion in training programs for parents of begin delete consumers with ASD. end delete begin insert consumers. end insert

The bill would begin delete 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, the regional center shall convene a review to determine alternative, appropriate means for providing the service. end delete begin insert require that the provision of a service through the use of telehealth be voluntary and immediately discontinued at the request of the consumer or his or her parent, legal guardian, or conservator, as appropriate. end 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 telehealth services to regional center begin delete consumers with ASD, end delete begin insert consumers, end 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:

begin delete

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

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert It end insert is the intent of the Legislature to do all of the
following:

begin delete

(1)

end delete

begin insert (a) end insert  Improve access to treatments and intervention services,
including begin delete behavioral and end delete dental health care services, for begin delete individuals
with ASD end delete begin insert consumers of regional center services end insert and their families
in underserved populations.

begin delete

(2)

end delete

begin insert (b) end insert  Provide more cost-effective treatments and intervention
services for begin delete individuals with ASD end delete begin insert consumers of regional center
services end insert and their families.

begin delete

(3)

end delete

begin insert (c) end insert  Maximize the effectiveness of the interpersonal and
face-to-face interactions that are utilized for the treatment of
begin delete individuals with ASD. end delete begin insert consumers of regional center services. end insert

begin delete

(4)

end delete

begin insert (d) end insert  Continue maintenance and support of the existing service
workforce for begin delete individuals with ASD. end delete begin insert consumers of regional center
services. end insert

begin delete

(5)

end delete

begin insert (e) end insert  Utilize telehealth to improve services for begin delete individuals with
ASD. end delete begin insert consumers of regional center services. end insert

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
begin delete service, including, but not limited to, behavioral health treatment end delete
begin insert service end insert may be provided through the use of telehealth to consumers
begin delete with autism spectrum disorders (ASD). end delete begin insert of regional center services. end insert

(2) Inform all regional centers that dentistry may be provided
through the use of telehealth to begin delete consumers with ASD. end delete begin insert consumers end insert begin insert . end insert

(3) Request regional centers to include a consideration of
telehealth in each individual program plan (IPP) and individualized
family service plan (IFSP) for begin delete consumers with ASD that includes
a discussion of behavioral health treatment or dental health care,
or both. end delete begin insert consumers. end insert

(4) Request regional centers to consider the use of telehealth
services for inclusion in training programs for parents of begin delete consumers
with ASD, end delete begin insert consumers end insert begin insert , end insert 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 to
meet the begin delete behavioral end delete health and dental care needs of begin delete individuals
with ASD. end delete begin insert consumers end insert begin insert . end insert

(b) The department may implement appropriate vendorization
subcodes for services provided through telehealth.

begin delete

(c) 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,
the regional center shall convene a review to determine alternative,
appropriate means for providing the service.

end delete begin insert

(c) The provision of a service through the use of telehealth shall
be voluntary and shall be immediately discontinued at the request
of the consumer or, as appropriate, the consumer’s parent, legal
guardian, or conservator. Any consumer who receives services
through the use of telehealth pursuant to this section shall have
an automatic right to immediately return to his or her preexisting
services, as defined by the consumer’s IPP, that were in place
prior to the implementation of the telehealth service.

end insert

(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 services to begin delete regional center end delete consumers begin delete with ASD end delete through
the IPP and IFSP processes.

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

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

begin delete

(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)

end delete

begin insert (1) end insert  “Department” means the State Department of Developmental
Services.

begin delete

(3)

end delete

begin insert (2) end insert  “Telehealth” has the same meaning as set forth in 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.