Amended in Senate August 22, 2013

Amended in Senate June 13, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1232


Introduced by Assembly Member V. Manuel Pérez

February 22, 2013


An act to amend Section 4571 of the Welfare and Institutions Code, relating to developmental services.

LEGISLATIVE COUNSEL’S DIGEST

AB 1232, as amended, V. Manuel Pérez. Developmental services: quality assessment system.

Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services contracts with regional centers to provide services and supports to individuals with developmental disabilities. Existing law requires the department to implement a quality assessment system, as prescribed, to enable the department to assess the performance of the state’s developmental services system and to improve services for consumers. Under existing law, the department is required, in consultation with stakeholders, to identify a valid and reliable quality assurance instrument that assesses consumer and family satisfaction, provision of services, and personal outcomes, and, among other things, includes outcome-based measures such as health, safety, and well-being. Under existing law, the department is required to contract with an independent agency or organization that is, in part, experienced in designing valid quality assurance instruments, to implement the system.

This bill would begin insertadditionally end insertrequire the quality assurance instrument to assess the provision of services in a linguistically and culturally competent manner and includebegin delete anend delete outcome-basedbegin delete measure on issues of equity and diversityend deletebegin insert measuresend insertbegin insert to evaluate the linguistic and cultural competency of regional center services that are provided to consumers across their lifetimeend insert. This bill would require the independent agency or organization the department contracts with to be experienced in issues relating to linguistic and cultural competency.

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.  

The Legislature finds and declares that although
2existing law requires the State Department of Developmental
3Services to establish a quality assessment system to provide
4evaluation and oversight for regional center services, the current
5quality assessment system does not require evaluation or oversight
6begin delete on issues of equity and diversityend delete to ensure that regional center
7services are provided in a linguistically and culturally competent
8manner.

9

SEC. 2.  

Section 4571 of the Welfare and Institutions Code is
10amended to read:

11

4571.  

(a) It is the intent of the Legislature to ensure the
12well-being of consumers, taking into account their informed and
13expressed choices. It is further the intent of the Legislature to
14support the satisfaction and success of consumers through the
15delivery of quality services and supports. Evaluation of the services
16that consumers receive is a key aspect to the service system.
17Utilizing the information that consumers and their families provide
18about those services in a reliable and meaningful way is also critical
19to enable the department to assess the performance of the state’s
20developmental services system and to improve services for
21consumers in the future. To that end, the State Department of
22Developmental Services, on or before January 1, 2010, shall
23implement an improved, unified quality assessment system, in
24accordance with this section.

25(b) The department, in consultation with stakeholders, shall
26identify a valid and reliable quality assurance instrument that
27assesses consumer and family satisfaction, provision of services
P3    1in a linguistically and culturally competent manner, and personal
2outcomes. The instrument shall do all of the following:

3(1) Provide nationally validated, benchmarked, consistent,
4reliable, and measurable data for the department’s Quality
5Management System.

6(2) Enable the department and regional centers to compare the
7performance of California’s developmental services system against
8other states’ developmental services systems and to assess quality
9and performance among all of the regional centers.

10(3) Include outcome-based measures such as health, safety,
11well-being, relationships, interactions with people who do not have
12a disability, employment, quality of life, integration, choice,
13service, and consumer satisfaction.

14(4) Include outcome-based measuresbegin delete on issues of equity and
15diversityend delete
to evaluate the linguistic and cultural competency of
16 regional center services that are provided to consumers across their
17lifetime.

18(c) To the extent that funding is available, the instrument
19identified in subdivision (b) may be expanded to collect additional
20data requested by the State Council on Developmental Disabilities.

21(d) The department shall contract with an independent agency
22or organization to implement by January 1, 2010, the quality
23assurance instrument described in subdivision (b). The contractor
24shall be experienced in all of the following:

25(1) Designing valid quality assurance instruments for
26developmental service systems.

27(2) Tracking outcome-based measures such as health, safety,
28well-being, relationships, interactions with people who do not have
29a disability, employment, quality of life, integration, choice,
30service, and consumer satisfaction.

31(3) Developing data systems.

32(4) Data analysis and report preparation.

33(5) Assessments of the services received by consumers who are
34moved from developmental centers to the community, given the
35Legislature’s historic recognition of a special obligation to ensure
36the well-being of these persons.

37(6) Issues related to linguistic and cultural competency.

38(e) The department, in consultation with the contractor described
39in subdivision (d), shall establish the methodology by which the
40quality assurance instrument shall be administered, including, but
P4    1not limited to, how often and to whom the quality assurance will
2be administered, and the design of a stratified, random sample
3among the entire population of consumers served by regional
4centers. The contractor shall provide aggregate information for all
5regional centers and the state as a whole. At the request of a
6consumer or the family member of a consumer, the survey shall
7be conducted in the primary language of the consumer or family
8member surveyed.

9(f) The department shall contract with the state council to collect
10data for the quality assurance instrument described in subdivision
11(b). If, during the data collection process, the state council identifies
12any suspected violation of the legal, civil, or service rights of a
13consumer, or if it determines that the health and welfare of a
14consumer is at risk, that information shall be provided immediately
15to the regional center providing case management services to the
16consumer. At the request of the consumer, or family, when
17appropriate, a copy of the completed survey shall be provided to
18the regional center providing case management services to improve
19the consumer’s quality of services through the individual planning
20process.

21(g) The department, in consultation with stakeholders, shall
22annually review the data collected from and the findings of the
23quality assurance instrument described in subdivision (b) and
24accept recommendations regarding additional or different criteria
25for the quality assurance instrument in order to assess the
26performance of the state’s developmental services system and
27improve services for consumers.

28(h) All reports generated pursuant to this section shall be made
29publicly available, but shall not contain any personal identifying
30information about any person assessed.

31(i) All data collected pursuant to subdivision (c) shall be
32provided to the state council, but shall contain no personal
33identifying information about the persons being surveyed.

34(j) Implementation of this section shall be subject to an annual
35appropriation of funds in the Budget Act for this purpose.



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