BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1232
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1232 (V. Manuel Pérez)
          As Amended  August 22, 2013
          Majority vote
           
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          |ASSEMBLY:  |73-0 |(May 9, 2013)   |SENATE: |37-0 |(September 3,  |
          |           |     |                |        |     |2013)          |
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           Original Committee Reference:    HUM. S.  

           SUMMARY  :  Includes linguistic and cultural competency among the  
          outcomes measured with the State Department of Developmental  
          Services (DDS) quality assurance instrument.  Specifically,  this  
          bill  :  

          1)Declares the legislative finding that although existing law  
            requires DDS to establish a quality assessment system to  
            provide evaluation and oversight for regional center services,  
            the current quality assessment system does not require  
            evaluation or oversight to ensure that regional center  
            services are provided in a linguistically and culturally  
            competent manner.

          2)Changes the scope of the existing quality assurance instrument  
            identified by DDS, which includes an assessment of the  
            provision of services, to include an assessment of whether  
            services are provided in a linguistically and culturally  
            competent manner.

          3)Requires that the quality assurance instrument include  
            outcome-based measures to evaluate the linguistic and cultural  
            competency of regional center services provided to consumers  
            across their lifetime.

          4)Requires the independent agency or organization that DDS  
            contracts with for implementation of the quality assurance  
            assessment to have experience with issues related to  
            linguistic and cultural competency.

           The Senate amendments  

          1)Delete and replace the legislative findings and declarations  
            in the bill to more directly address the lack of evaluation or  








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            oversight on issues of equity and diversity in the State  
            Department of Developmental Services quality assessment  
            system.

          2)Delete the requirement for the quality assurance instrument to  
            include an outcome-based measure on issues of equity and  
            diversity.

           FISCAL EFFECT  :  This bill passed out of the Senate  
          Appropriations Committee, pursuant to Senate Rule 28.8.

           COMMENTS  :  The Senate Select Committee on Autism and Related  
          Disorders held an informational hearing on April 30, 2012, to  
          discuss questions surrounding equal access to regional center  
          services for consumers with autism spectrum disorders (ASD).  An  
          outcome of the hearing was a creation of a 20-member Taskforce  
          on Equity and Diversity for Regional Center Autism Services,  
          which was charged with developing recommendations to ensure that  
          consumers of regional center services receive appropriate and  
          timely supports regardless of race, ethnicity, educational  
          background and other socio-economic factors.  The report, "A  
          Preliminary Report by the Taskforce on Equity and Diversity for  
          Regional Center Autism Services," was published on March 18,  
          2013, and identified a number of recommendations for changes to  
          current practice within the Developmental Services system based  
          on the work of five subcommittees.  Among them were  
          recommendations to include issues of equity and diversity within  
          the quality assurance instrument, in addition to using the  
          instrument to measure consumers across their lifetime, not just  
          as adults.  Both of these recommendations are reflected in this  
          legislation. 

          According to the author, this bill "simply stipulates that  
          future contracts by DDS for the quality assessment of regional  
          center services, already mandated by current law, must also  
          include outcome measures related to cultural and linguistic  
          competency."  Current statute regarding the quality assessments  
          system allows the State Council on Developmental Disabilities  
          (SCDD) to expand the quality assessment instrument to collect  
          additional data.  While the author's attempt to require cultural  
          and linguistic competency to be measured with respect to  
          regional center service delivery is not an effort put forth by  
          the SCDD under their statutory authority, SCDD supports the  
          bill's goals.









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           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.  
           
          Direct responsibility for implementation of the Lanterman Act  
          service system is shared by the 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 Act.  The principal roles  
          of regional centers include intake and assessment,  
          individualized program plan development, case management, and  
          securing services through generic agencies or purchasing  
          services provided by vendors.  Regional centers also share  
          primary responsibility with local education agencies for  
          provision of early intervention services under the California  
          Early Intervention Services Act (e.g., Early Start Program).   
          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 programs.  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.   
          July 2013 consumer characteristic data from the DDS shows that  
          37% of the individuals served by the regional centers are  
          identified as White, whereas 35% are identified as Hispanic just  
          over 6% identify as Asian, 2.4% identify as Filipino, and nearly  
          10% identify as Black or African American.  

           Quality Assessment Services project  :  AB 9 X4 (Evans), Chapter  
          9, Statutes of 2009-10, Fourth Extraordinary Session, was a  
          Budget Act DDS trailer bill and the vehicle that was used to  
          consolidate two data collection efforts.  The Evaluation of  
          People with Developmental Disabilities Moving from Developmental  
          Centers into the Community, and the Life Quality Assessments  
          were consolidated into the Quality Assessment Services project,  
          for which DDS uses a nationally validated instrument that allows  
          for the collection of statewide and regional center data needed  








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          to assess consumer satisfaction and success.  DDS established  
          membership with the National Core Indicators (NCI) program, of  
          which 33 other states' developmental services systems are  
          members.  Using the NCI survey instruments, DDS collects data on  
          consumer satisfaction, provision of services, and personal  
          outcomes, which provide the Department with the information it  
          needs to evaluate the quality of the DDS service delivery  
          system.  SCDD uses the NCI instrument to collect the data for  
          this project, similar to SCDD's involvement in collecting data  
          for the Life Quality Assessments that were conducted prior to  
          development of the new quality assessment system.  The data that  
          the SCDD gathers, including information about consumers'  
          employment status, perceptions of their own safety, and  
          interactions with their regional centers, for example, give the  
          state the opportunity learn a great deal about the quality of  
          services and the impacts they have on consumers' quality of life  
          within the DDS system.  
           
           
          Analysis Prepared by  :    Myesha Jackson / HUM. S. / (916)  
          319-2089 


          FN:  
          0002295