BILL ANALYSIS Ó
SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW
Mark Leno, Chair
Bill No: AB 1461
Author: Committee on Budget
As Amended: June 12, 2014
Consultant: Peggy Collins
Fiscal: Yes
Hearing Date: June 15, 2014
Subject: Budget Act of 2014: Developmental Services
Trailer Bill.
Summary: Provides for various statutory changes necessary
to implement provisions in the Budget Act of 2014 related
to services to persons with developmental disabilities.
Background: As part of the 2014-15 budget package, AB 1461
makes changes in statute necessary to implement the budget
act.
Proposed Law: AB 1461 makes various changes to statute
necessary to implement the Budget Act of 2014, including:
1. Implementation of recommendations made in the
California Health and Human Services Agency's (CHHSA)
Plan for the Future of Developmental Centers in
California (plan), including:
a. Establishment of Enhanced Behavioral
Supports Homes. A pilot program to develop up to
six enhanced behavioral support homes per year,
to provide intensive behavioral services and
supports to adults and children with
developmental disabilities who need intensive
services and supports and who are at risk of
institutionalization or out-of-state placement,
or are transitioning to the community from a
developmental center, other state-operated
residential facility, institution for mental
disease, or out-of-state placement. The homes
will be developed by regional centers using
community placement plan (CPP) funds. Each home
will serve no more than four residents and up to
six homes may be developed with secured
-1-
perimeters. The homes will be certified by the
Department of Developmental Services (DDS) and
licensed by the Department of Social Services
(DSS), and each department will have authority to
develop emergency regulations. The homes will be
distributed regionally. The pilot will end
January 1, 2020, unless extended or made
permanent through further legislative action.
b. Establishment of Community Crisis Homes.
Authorizes DDS to develop two community crisis
homes (one in the north and one in the south),
each to serve, on a short-term basis, no more
than eight adults who would otherwise be at risk
of admission to the acute crisis center at
Fairview Developmental Center or Sonoma
Developmental Center, an acute general hospital,
an acute psychiatric hospital, an institution for
mental disease, as described in Part 5
(commencing with Section 5900) of Division 5 of
the Welfare and Institutions Code, or an
out-of-state placement. The homes will be
certified by DDS and licensed by DSS, and each
department will have authority to develop
emergency regulations.
c. Establishment of Acute Crisis Centers at
State Developmental Centers. Authorizes DDS to
create an acute crisis center at Sonoma
Developmental Center (SDC) and Fairview
Developmental Center (FDC). These centers will
be distinct from other residential units and
serve up to five individuals each. Placement
into these acute crisis centers will be pursuant
to a court order, as is currently the requirement
for crisis placement into FDC.
d. Evaluation of New Models . Requires DDS
to evaluate the effectiveness of three new models
described above in order to access the impact on
implementing the recommendations of the CHHSA
plan. The evaluation reports shall be provided
annually to the Legislature, commencing on
-2-
January 10, 2015 for the FDC acute crisis center;
January 10, 2016 for the SDC acute crisis center;
and January 10 of the first year following the
opening of the first enhanced behavioral supports
home or community crisis home is opened.
e. Expansion of the Community State Staff
Program. Expands the community state staff
program associated with both the Agnews and
Lanterman developmental centers' closures, to
allow developmental center staff from any
developmental center to work with residents
moving from a developmental center to the
community or individuals at risk of admission to
a developmental center, an institution for mental
disease, an out-of-state placement, a general
acute care hospital, or an acute psychiatric
hospital, and maintain state staff status through
a contract with a community provider.
2. Requires a court be provided with a copy of the
comprehensive assessment completed for each resident
of a developmental center, and any updates to it,
during all judicial reviews of a consumer's commitment
to a developmental center. Additionally, requires
that regional center client rights' advocates be
provide specified information, including comprehensive
assessments and notices of relevant meetings and court
notifications and proceedings related to a person
moving from a developmental center, or at risk of
placement in a developmental center.
3. Restores infant and toddler eligibility for the
Early Start program to the level in place prior to
adoption of the Budget Act of 2009, effective January
1, 2015.
4. Deletes the prohibition on the payment, by regional
centers, of insurance deductibles on behalf consumers
and their families, for the services identified as
necessary in an individual program plan, under defined
circumstances.
5. Makes statutory changes necessary to adjust for the
-3-
impact of the minimum wage increase and the Federal
Labor Standards (FSLA) changes relating to the payment
of overtime, on specified service providers, effective
on January 1, 2015.
Fiscal Effect: The funding related to the changes in this
bill is contained in the 2014-15 Budget Act. Additionally,
this bill re-appropriates $13 million ($12.9 million GF)
from 2011-12, a portion of which is unspent Community
Placement Plan (CPP) funds, to support the development of
the new models described in (1) (a), (b), and (c) above.
Support: Not known.
Opposed: Not known.
Comments:
-4-