BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                AB 1231
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        CONCURRENCE IN SENATE AMENDMENTS
        AB 1231 (V. Manuel Pérez)
        As Amended  September 5, 2013
        Majority vote
         
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        |ASSEMBLY:  |74-0 |(May 23, 2013)  |SENATE: |39-0 |(September 9,  |
        |           |     |                |        |     |2013)          |
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         Original Committee Reference:    HUM. S.  

         SUMMARY  :  Requires the Department of Developmental Services (DDS) to  
        inform all regional centers that appropriate health care services  
        and dentistry services may be provided to regional center consumers  
        through the use of telehealth.  Specifically,  this bill  :  

        1)States the intent of the Legislature to do all of the following:

           a)   Improve access to treatments and intervention services,  
             including dental health care services, for consumers of  
             regional center services and their families in underserved  
             populations.

           b)   Provide more cost-effective treatments and intervention  
             services for consumers of regional center services and their  
             families.

           c)   Maximize the effectiveness of the interpersonal and  
             face-to-face interactions that are utilized for the treatment  
             of consumers of regional center services. 

           d)   Continue maintenance and support of the existing service  
             workforce for consumers of regional center services. 

           e)   Utilize telehealth to improve services for consumers of  
             regional center services. 

        1)Requires DDS to do the following:

           a)   Inform all regional centers that any appropriate health care  
             service and dentistry services may be provided to regional  
             center consumers through the use of telehealth;

           b)   Request regional centers to consider the use of telehealth  








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             services for inclusion in training programs for parents of  
             consumers, as specified; and

           c)   Provide technical assistance to regional centers regarding  
             the use of telehealth to meet the health and dental care needs  
             of consumers through the use of existing resources, and in  
             partnership with other organizations, resources, and  
             stakeholders. 

        1)Authorizes DDS to implement appropriate vendorization subcodes for  
          services provided through telehealth.

        2)Provides that services provided through telehealth shall be  
          accessed on a voluntary basis and shall be immediately  
          discontinued at the request of the consumer or the consumer's  
          representative, as specified.  Further allows a consumer to  
          immediately return to the services prescribed in his or her  
          individual program plan (IPP) that were in place prior to the  
          implementation of the telehealth service.

        3)Provides that 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.

        4)Establishes a sunset date of January 1, 2019, for the provisions  
          included in this bill, as specified. 

         The Senate amendments  :  
         
        1)Delete legislative findings related to autism spectrum disorders  
          (ASD) and behavioral health treatment.

        2)Delete explicit mention of ASD within provisions stating  
          legislative intent.

        3)Delete all references to teledentistry and instead provide for the  
          use of telehealth to provide dentistry services.

        4)Delete provisions related to behavioral health treatment.

        5)Delete provisions establishing a 12-month provisional period  
          during which a consumer may discontinue the use of telehealth and  
          may return to his or her preexisting services.









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        6)Delete the requirement for DDS to request that regional centers  
          include a consideration of telehealth in each IPP and  
          individualized family service plan (IFSP).

        7)Delete the requirement for DDS to provide information to the  
          Legislature pertaining to the effectiveness and appropriateness of  
          providing telehealth services through the IPP and IFSP processes.

         FISCAL EFFECT  :  Unknown.  This bill, as amended, has not been heard  
        by a fiscal committee.

         COMMENTS  :  This bill is part of a package that arose from a hearing  
        in 2012 by the Senate Select Committee on Autism and Related  
        Disorders that focused on disparities in available services and  
        service delivery in underserved communities.  As a result of the  
        hearing, the Select Committee convened a taskforce to address  
        disparities in the allocation of regional center resources across  
        different racial and socio-economic groups.  In order to reach  
        underserved communities as effectively and efficiently as possible,  
        the report recommends alternatives to customary service provision,  
        such as the use of center-based therapy, home and community-based  
        therapy and the use of telehealth/telemedicine for parent training  
        and direct service delivery.

         Background  :  The Lanterman Developmental Disabilities Services Act  
        (Lanterman Act) (Welfare and Institutions Code (WIC) 4500 et seq.)  
        guides the provision of services and supports for Californians with  
        developmental disabilities.  Each individual under the Lanterman  
        Act, typically referred to as a "consumer," is legally entitled to  
        treatment and habilitation services and supports in the least  
        restrictive environment.  Lanterman Act services are designed to  
        enable all consumers to live more independent and productive lives  
        in the community. 

        The term "developmental disability" means a disability that  
        originates before an individual attains 18 years of age, is expected  
        to continue, indefinitely, and constitutes a substantial disability  
        for that individual.  It includes intellectual disabilities,  
        cerebral palsy, epilepsy, and autism spectrum disorders.  Other  
        developmental disabilities are those disabling conditions similar to  
        an intellectual disability that require treatment and management  
        similar to that required by individuals with an intellectual  
        disability.  

        Direct responsibility for implementation of the Lanterman Act  








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        service system is shared by the Department of Developmental Services  
        (DDS) and 21 regional centers, which are private nonprofit entities,  
        established pursuant to the Lanterman Act, that contract with DDS to  
        carry out many of the state's responsibilities under the Lanterman  
        Act.  The principal roles of regional centers include intake and  
        assessment, individualized program plan development, case  
        management, and securing services through generic agencies (e.g.,  
        school districts, In-Home Supportive Services) or by purchasing  
        services provided by vendors.  The regional center caseload includes  
        roughly 260,000 consumers who receive services such as residential  
        placements, supported living services, respite care, transportation,  
        day treatment programs, work support programs, and various social  
        and therapeutic activities.  Approximately 1,400 consumers reside at  
        one of California's four Developmental Centers-and one  
        state-operated, specialized community facility-that provide 24-hour  
        habilitation and medical and social treatment services.  

        Services provided to people with developmental disabilities are  
        determined through an individual planning process.  Under this  
        process, planning teams-which include, among others, the consumer,  
        his or her legally authorized representative, and one or more  
        regional center representatives-jointly prepare an IPP based on the  
        consumer's needs and choices.  The Lanterman Act requires that the  
        IPP promote community integration and maximize opportunities for  
        each consumer to develop relationships, be part of community life,  
        increase control over his or her life, and acquire increasingly  
        positive roles in the community.  The IPP must give the highest  
        preference to those services and supports that allow minors to live  
        with their families and adults to live as independently as possible  
        in the community.

         Telehealth  :  The Telehealth Advancement Act (Act) of 2011 was  
        established in AB 415 (Logue), Chapter 547, Statutes of 2011.  One  
        of the primary goals of telehealth under the Act is to expand health  
        care consumers' access to convenient and quality care in an effort  
        to maintain or improve the physical and economic health of medically  
        underserved communities.  Telehealth is meant to enhance the overall  
        health care delivery system while saving money, preserving  
        health-related jobs, and increasing meaningful and positive  
        interactions between patients and providers.  

         Need for the bill  :  A prior version of this bill (SB 764 (Steinberg)  
        of 2012) was vetoed by the Governor, who stated the goals of the  
        bill could already be accomplished under current law.  However,  
        while the Lanterman Act grants regional centers the authority to use  








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        innovative service delivery mechanisms, and there is nothing in  
        statute precluding regional centers from promoting service delivery  
        through the use of telehealth, the author has noted that providers  
        have perceived reluctance on the part of regional centers to  
        integrate telehealth into their treatment models without explicit  
        authorization from DDS.  This bill is, in part, intended to clarify  
        scope and process for regional centers, which the author hopes will  
        result in an increased willingness to seek appropriate and desired  
        services for regional center consumers through the use of  
        telehealth. 

         
        Analysis Prepared by  :    Myesha Jackson / HUM. S. / (916) 319-2089 


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