BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 1461
Author: Assembly Budget Committee
Amended: 6/12/14 in Senate
Vote: 21
SENATE BUDGET & FISCAL REVIEW COMMITTEE : 13-1, 06/15/14
AYES: Leno, Nielsen, Beall, Berryhill, Block, Corbett, Hancock,
Jackson, Liu, Mitchell, Monning, Roth, Wyland
NOES: Morrell
NO VOTE RECORDED: Anderson, Torres
ASSEMBLY FLOOR : Not relevant
SUBJECT : Budget Act of 2014: Developmental Services Trailer
Bill
SOURCE : Author
DIGEST : This bill provides for various statutory changes
necessary to implement provisions in the Budget Act of 2014
related to services to persons with developmental disabilities.
ANALYSIS : As part of the 2014-15 Budget package, this bill
makes changes in statute necessary to implement the Budget Act,
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:
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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 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 (SDC), 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 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
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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 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
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families, for the services identified as necessary in an
individual program plan, under defined circumstances.
5. Makes statutory changes necessary to adjust for the 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 : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
According to the Senate Budget and Fiscal Review Committee, 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 General Fund) from 2011-12, a portion of
which is unspent CPP funds, to support the development of the
new models described in (1) (a), (b), and (c) above.
JL:d 6/15/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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