BILL ANALYSIS                                                                                                                                                                                                    Ó




                                                                  AB 2299
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          ASSEMBLY THIRD READING
          AB 2299 (Nazarian)
          As Amended  May 23, 2014
          Majority vote 

           HUMAN SERVICES      6-0         APPROPRIATIONS      13-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Stone, Maienschein,       |Ayes:|Gatto, Bocanegra,         |
          |     |Ammiano,                  |     |Bradford,                 |
          |     |Ian Calderon, Garcia,     |     |Ian Calderon, Campos,     |
          |     |Hall                      |     |Eggman, Gomez, Holden,    |
          |     |                          |     |Linder, Pan, Quirk,       |
          |     |                          |     |Ridley-Thomas, Weber      |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Deletes the means test related to a regional center's  
          authority to pay applicable copayments and coinsurance necessary  
          to ensure a consumer can receive services and supports  
          identified in his or her individual program plan (IPP) or  
          individualized family service plan (IFSP). Specifically,  this  
          bill  :

          1)Deletes the requirement that a regional center only pay the  
            applicable coinsurance or copayment associated with services  
            in a consumer's IPP or IFSP that are paid for, in whole or in  
            part, by the health care service plan or health insurance  
            policy of the consumer or the consumer's parent, guardian, or  
            caregiver if the consumer or his or her family's gross income  
            is less than 400% of the federal poverty level.  Deletes the  
            associated requirements to self-certify gross income  
            information and provide regional centers with information  
            related to changes in income that would cause a change in  
            eligibility for regional center payment of a copayment or  
            coinsurance.

          2)Authorizes a regional center to pay a deductible associated  
            with a service provided to the consumer that is paid for by  
            the health care service plan or health insurance policy of the  
            consumer or the consumer's parent, guardian, or caregiver only  
            if the service or support is necessary to keep the child  
            consumer at home or the adult consumer in the least  
            restrictive setting and payment of the deductible is not  









                                                                  AB 2299
                                                                  Page B

            feasible, as specified, for the consumer or the consumer's  
            parent, guardian, or caregiver.

           EXISTING LAW  :

          1)Establishes an entitlement to services for individuals with  
            developmental disabilities under the Lanterman Developmental  
            Disabilities Services Act (Lanterman Act).  (Welfare and  
            Institutions Code (WIC) Section 4500 et seq.)

          2)Grants all individuals with developmental disabilities, among  
            all other rights and responsibilities established for any  
            individual by the United States Constitution and laws and the  
            California Constitution and laws, the right to treatment and  
            habilitation services and supports in the least restrictive  
            environment.  (WIC Section 4502)

          3)Establishes a system of 21 nonprofit regional centers  
            throughout the state to identify needs and coordinate services  
            for eligible individuals with developmental disabilities and  
            requires the Department of Developmental Services (DDS) to  
            contract with regional centers to provide case management  
            services and arrange for or purchase services that meet the  
            needs of individuals with developmental disabilities, as  
            defined.  (WIC Section 4620 et seq.)

          4)Requires the development of an IPP for each regional center  
            consumer, which specifies services to be provided to the  
            consumer, based on his or her individualized needs  
            determination and preferences, and defines that planning  
            process as the vehicle to ensure that services and supports  
            are customized to meet the needs of consumers who are served  
            by regional centers.  (WIC Section 4512)

          5)Establishes that an infant or toddler under age 3 who is  
            eligible for regional center services shall have an IFSP to  
            direct services, as specified, and defines the types of  
            services, supports and staffing that should be considered when  
            creating the plan.  (Government Code Section 95020)

          1)Requires regional centers to identify and pursue all possible  
            sources of funding for consumers receiving regional center  
            services, as specified.  (WIC Sections 4659 (a) and (b))










                                                                  AB 2299
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          2)Prohibits a regional center from purchasing a service that  
            would otherwise be available from a health care service plan  
            or private insurance when a consumer or family meets the  
            criteria for coverage but chooses not to pursue that coverage.  
             (WIC Section 4659(c))

          3)Requires health care service plan contracts and health  
            insurance policies to cover behavioral health treatment for  
            pervasive developmental disorder or autism, as specified, and  
            provides that coverage for such treatment shall not affect  
            services for which a regional center consumer is otherwise  
            eligible.  (Health and Safety Code Section 1374.73, Insurance  
            Code Section 10144.51)

          4)Authorizes a regional center to, when it is necessary to  
            ensure a consumer receives a service or support, pay the  
            coinsurance or copayment associated with services in the  
            consumer's IPP or IFSP that are paid for, in whole or in part,  
            by the health care service plan or health insurance policy of  
            the consumer's parent, guardian, or caregiver or the adult  
            consumer, provided that the gross income of the family or the  
            consumer does not exceed 400% of the federal poverty level and  
            other specified criteria are met.  (WIC Sections 4659.1 (a)  
            and (b))

          5)Authorizes a regional center to, when it is necessary to  
            ensure a consumer receives a service or support, pay the  
            coinsurance or copayment associated with services in the  
            consumer's IPP or IFSP that are paid for, in whole or in part,  
            by the health care service plan or health insurance policy of  
            the consumer's parent, guardian, or caregiver or the adult  
            consumer, in cases where the gross income of the family or the  
            consumer exceeds 400% of the federal poverty level if the  
            service or support is necessary to successfully maintain the  
            child at home or the adult consumer in the least-restrictive  
            setting and other specified criteria are met.  (WIC Section  
            4659.1(c))

          6)Requires the parent, guardian, or caregiver of a consumer, or  
            an adult consumer with a health care service plan or health  
            insurance policy to self-certify the family's gross annual  
            income to the regional center, as specified, and to notify the  
            regional center when a change in income occurs that would  
            change in the consumer's eligibility for regional center  









                                                                  AB 2299
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            payment of copayments or coinsurance.  (WIC Sections 4659.1  
            (d) and (e))

          7)Prohibits regional centers from paying health care service  
            plan or health insurance policy deductibles.  (WIC Section  
            4659.1(g))

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee:

          1)Potential ongoing costs in the range of $2 to $4 million  
            (General Fund (GF)) to pay for additional regional center  
            consumers' health insurance copayments/coinsurance.

          2)Potential ongoing costs in the low millions (GF) to pay for  
            regional center consumers' health insurance deductibles.

          3)Unknown, ongoing administrative costs (GF) to manage payments  
            to families or insurance companies and health plans by the  
            regional centers.
           
          COMMENTS  :  This bill seeks to reduce financial hardship for  
          regional center consumers receiving services that are covered  
          under health care service plans or health insurance policies by  
          deleting the prohibition on regional centers paying copayments  
          and coinsurance for such services based on the financial means  
          of the consumer or his or her family.
           
          Background:  The Lanterman Act guides the provision of services  
          and supports for Californians with developmental disabilities.   
          Each individual under the 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 pervasive  
          developmental disorder/autism spectrum disorder (PDD/ASD).   
          Other developmental disabilities are those disabling conditions  
          similar to an intellectual disability that require treatment  
          (i.e., care and management) similar to that required by  









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          individuals with an intellectual disability.

          Regional centers:  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 21 regional centers throughout the state serve over  
          270,000 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 services and activities.   
          Approximately 1,300 consumers reside at one of California's four  
          Developmental Centers-and one state-operated, specialized  
          community facility-which 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 that promotes  
          community integration and maximizes 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. 
           
           Autism Spectrum Disorders:  Defined as a group of  
          neurodevelopmental disorders linked to atypical biology and  
          chemistry in the brain that generally appears within the first  
          three years of life, autism is a growing epidemic among  
          children.  While there are many "autisms," the diagnosis is  
          often characterized by delayed, impaired or otherwise atypical  
          verbal and social communication skills, sensitivity to sensory  
          stimulation, atypical behaviors and body movements, and  
          sensitivity to changes in routines.  Although symptoms and  
          severity differ among individuals with an autism diagnosis, all  
          individuals affected by the disorder have impaired communication  
          skills, difficulties initiating and sustaining social  
          interactions and restricted, repetitive patterns of behavior  









                                                                  AB 2299
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          and/or interests.  ASD  is one of the commonly-used terms to  
          describe the various "autisms" and other PDDs, and it more  
          appropriately captures the array of symptoms and varying levels  
          in the severity of symptoms experienced by individuals with a  
          diagnosis within ASD.
           
           Information released in March 2014 by the Centers for Disease  
          Control (CDC) Autism and Developmental Disabilities Monitoring  
          (ADDM) Network, estimates prevalence of ASD for children born in  
          2002 and surveyed in 2010 to be 14.7 per 1,000 children, which  
          translates to one in 68 children.  This is a drastic increase  
          from CDC data for children born in 2000 and surveyed in 2008,  
          which estimated the prevalence of children with ASD to be one in  
          88.  Average prevalence for children surveyed in 2006 was one in  
          110 children.  ASD continues to be five times more prevalent for  
          boys than for girls.<1>   

          March 2014 DDS data shows that 65,706 regional center consumers  
          have an autism diagnosis, which is more than double the number  
          of individuals with the same diagnosis served by regional  
          centers in 2006.  An additional 4,562 regional center consumers  
          are on the autism spectrum with a diagnosis of PDD.  Among the  
          individuals with ASD/PDD served by the regional centers, 12,481  
          are female and 57,787 are male, and nearly 40% of the population  
          with an autism or PDD diagnosis is 0 to 9 years old.<2>

          Insurance coverage of behavioral health treatment for autism:   
          In 2011, Governor Brown signed SB 946 (Steinberg), Chapter 650,  
          Statutes of 2011, which required health care service plans and  
          health insurance companies in California to begin covering  
          behavioral health treatment for pervasive developmental  
          disorders or autism by July 1, 2012.  State law defines  
          behavioral health treatment, for purposes of the coverage  
          mandate, as professional services and treatment programs,  
          including applied behavior analysis (ABA) and evidence-based  
          behavior intervention programs, that develop or restore, to the  
          maximum extent practicable, the functioning of an individual  
          with pervasive developmental disorder or autism and that meet  
          specified criteria related to who prescribes and provides the  
          treatment.  The delivery of behavioral health treatment is  
          varied based on a consumer's needs and can be delivered in a  

          ---------------------------
          <1> http://www.cdc.gov/ncbddd/autism/data.html  
          <2>  
          http://www.dds.ca.gov/FactsStats/docs/QR/March2014_Quarterly.pdf








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          one-to-one or small group format based on the appropriateness  
          for the individual(s) being treated.  The coverage mandate  
          resulted in savings to the state, as regional centers were  
          required to purchase most behavioral health services provided  
          for in consumers' IPPs and IFSPs prior to passage of the  
          mandate.

          As insurers and health plans began paying for services pursuant  
          to SB 946 requirements, some families reported their inability  
          to access the amount of behavioral services approved in the  
          consumer's IPP or IFSP due to the out-of-pocket expenses related  
          to the insurance coverage.  The copayments paid by the insured  
          directly to the health care provider for each service or visit,  
          the coinsurance paid by the insured for services in excess of  
          what the policy covers, and deductibles associated with the  
          treatments covered in their policies, became too costly for some  
          families.  In response to this emerging issue, most regional  
          centers paid copayments and deductibles on a discretionary basis  
          when a regional center determined that payment was critical for  
          a consumer to receive the necessary and approved treatment and  
          services.  However, due to the varied practices around  
          copayments and deductibles between regional centers, DDS argued  
          that statutory clarification was necessary to establish a clear  
          statewide policy.

          As a result, the developmental services trailer bill included in  
          the 2013-14 state Budget Act (AB 89, Chapter 25, Statutes of  
          2013) provided increased funding to regional centers for the  
          payment of copayments and coinsurance tied to services in a  
          consumer's IPP or IFSP covered by health plans and insurance  
          policies for cases in which the adult consumer, or the family of  
          a consumer, has income at or below 400% of the federal poverty  
          level and there is no third party responsible for payment.   
          Trailer bill language also provided some flexibility for the  
          payment of copayments and coinsurance for adult consumers or  
          child consumers in families with income above 400% of FPL under  
          extraordinary circumstances and when needed to successfully  
          maintain the child at home or adult consumer in the least  
          restrictive setting.  The trailer bill prohibited regional  
          center payment of health care service plan and health insurance  
          policy deductibles.

          Regional center payment of deductibles:  While this bill  
          eliminates the means-test for regional center payment of  









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          copayments and coinsurance, which would otherwise be  
          out-of-pocket expenses for consumers and their families, the  
          most controversial issue in recent years has been the desire to  
          allow regional centers to also pay consumers' deductibles for  
          services covered by health plans and health insurance.  During  
          budget conversations leading to passage of the 2013-14  
          developmental services trailer bill, DDS indicated that  
          administering deductible coverage could be more complex than  
          copayments and coinsurance because deductibles are not as  
          directly linked to utilization of a specific service that is  
          included in an IPP or IFSP and may apply to an entire family,  
          not just the developmental services consumer.  Some stakeholders  
          have disagreed with this characterization, indicating that  
          billings for deductibles can, and sometimes already do, specify  
          both the service and the recipient of that service.  

          Need for this bill:  Prior to the insurance and health plan  
          coverage mandate for certain behavioral health treatment,  
          regional centers were obligated to pay the full cost of those  
          services if they were included in consumers' IPPs and IFSPs.   
          The author notes that since the passage of the developmental  
          services trailer bill in 2013, families have been required to  
          pay for services that used to be free to them.  The author  
          states, "There have been several challenges to AB 89 at the  
          Office of Administrative Hearings by families who cannot afford  
          the co-pay or deductible.  In those cases, judges have  
          consistently sided with families and have required the regional  
          center to either pay the cost of the co-payment or the full cost  
          of treatment, if the family cannot afford the deductible."

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


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