BILL NUMBER: AB 1231 AMENDED
BILL TEXT
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
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
, including behavioral health treatment, and
dentistry may be provided through the use of telehealth, as defined,
to consumers with autism spectrum disorders (ASD).
of regional center services. 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
with ASD and to consider the use of telehealth
services for inclusion in training programs for parents of
consumers with ASD. consumers.
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, the regional center shall convene a
review to determine alternative, appropriate means for providing the
service. 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. 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 consumers with ASD,
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
SECTION 1. It is the intent of the
Legislature to do all of the following:
(1)
(a) Improve access to treatments and intervention
services, including behavioral and dental health
care services, for individuals with ASD
consumers of regional center services and their families in
underserved populations.
(2)
(b) Provide more cost-effective treatments and
intervention services for individuals with ASD
consumers of regional center services and their families.
(3)
(c) Maximize the effectiveness of the interpersonal and
face-to-face interactions that are utilized for the treatment of
individuals with ASD. consumers of regional
center services.
(4)
(d) Continue maintenance and support of the existing
service workforce for individuals with ASD.
consumers of regional center services.
(5)
(e) Utilize telehealth to improve services for
individuals with ASD. consumers of regional center
services.
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 service may be provided through the
use of telehealth to consumers with autism spectrum
disorders (ASD). of regional center services.
(2) Inform all regional centers that dentistry may be provided
through the use of telehealth to consumers with ASD.
consumers .
(3) Request regional centers to include a consideration of
telehealth 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. consumers.
(4) Request regional centers to consider the use of telehealth
services for inclusion in training programs for parents of
consumers with ASD, consumers ,
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 behavioral health and dental care needs
of individuals with ASD. consumers
.
(b) The department may implement appropriate vendorization
subcodes for services provided through telehealth.
(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.
(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.
(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 regional center consumers
with ASD 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:
(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)
(1) "Department" means the State Department of
Developmental Services.
(3)
(2) "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.