BILL ANALYSIS �
SB 83
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SENATE THIRD READING
SB 83 (Budget and Fiscal Review Committee)
As Amended June 12, 2013
Majority vote. Budget Bill Appropriation Takes Effect
Immediately
SENATE VOTE :Vote not relevant
SUMMARY : Contains statutory and technical changes necessary to
implement the Budget Act of 2013 relating to developmental
services. Specifically, this bill :
1)Establishes a requirement for the administration to submit a
master plan for the future of developmental centers, which it
has committed to producing by November 15, 2013, to the
Legislature, by that same date. In the preparation of this
plan, the administration shall consult with a cross-section of
stakeholders, as specified. Further, creates a requirement
for the administration to report, by January 10, 2014, to the
Legislature regarding the administration's resulting plans to
meet the needs of current developmental center residents, and
to ensure the delivery of cost-effective, integrated, and
quality services for this population.
2)Requires the Department of Developmental Services (DDS) to
complete closure of the Lanterman Developmental Center (LDC)
in the Fall of 2014 (no later than December 31, 2014).
3)Removes a previously enacted, two-year time limit on the
community state staff program associated with the closure of
LDC. The program allows DDS to contract with an entity, such
as a community-based provider of services, for use of the
department's employees to provide services in furtherance of
the orderly closure of the facility.
4)Clarifies that existing restrictions on the use of
Institutions for Mental Disease (IMDs), enacted in trailer
bill language last year AB 1472 (Budget Committee), Chapter
25, Statutes of 2012, apply irrespective of the availability
of federal financial participation in the costs associated
with the placements. At the same time, authorizes, until July
1, 2014, the placement of consumers, who are under 21 years of
age, in IMDs for a period of time that exceeds 180 days, if
specified conditions are met. These placements would not,
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however, be authorized to extend beyond a period of one year,
unless specified conditions are met and DDS approves a
requested 30-day extension.
5)Requires DDS and regional centers to work together to identify
services and supports needed for individuals under the age of
21 with both developmental and mental health disabilities, and
to facilitate the development of community-based resources, as
specified.
6)Clarifies existing provisions, also established in AB 1472,
that require regional centers to conduct comprehensive
assessments of the needs of developmental center and IMD
residents. More precisely, specifies that regional centers
shall identify the services and supports that would enable the
consumer to move to a community setting, and make other,
related changes.
7)Specifies that regional centers shall provide, to the extent
appropriate, relevant information from the statewide
specialized resource service to individual program planning
teams, as specified.
8)Ensures that clients' rights advocates will be notified of,
and unless the consumer objects, authorized to participate in,
hearings by writ of habeas corpus for release from specified
facilities. Further, requires that clients' rights advocates
receive notice of, and be authorized, unless the consumer
objects, to participate in, specified individual program
planning team meetings. Finally, requires specified notices
to the clients' rights advocate when regional centers make, or
extend, as specified, placements in IMDs.
9)Establishes authority for regional centers to pay the costs of
health insurance copays and coinsurance payments that are
associated with a consumer accessing services identified as
necessary in his or her Individual Program Plan. Further,
specifies that the conditions under which regional centers
would be authorized to make such copay or coinsurance
payments, and prohibits payment by regional centers of costs
associated with insurance deductibles. The anticipated
General Fund costs in 2013-14 associated with coverage of
these co-payments and co-insurance is $9.9 million.
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10)Eliminates the sunset date on a requirement for families with
children under the age of 18, living at home, who receive
services from regional centers beyond eligibility
determination, needs assessment, and service coordination, to
pay annual fees of $150 or $200. The application of this
policy in 2013-14 is anticipated to result in $3.8 million
General Fund (GF) savings.
11)Makes technical changes to the Welfare and Institutions Code
Sections 6500 and 6509, to clarify that changes made in AB
1472 last year were not intended to preclude court-ordered
placements, for individuals who are found to be a danger to
themselves or others, in settings less restrictive than
developmental centers.
12)Clarifies that regional centers must notify DDS of meetings
scheduled, in accordance with existing requirements, regarding
specified data with respect to purchase of service,
authorization, utilization, and expenditure by regional
center. Additionally, requires the regional centers and DDS
to collaborate to collect data with respect to the payment of
copays and coinsurance. Finally, requires DDS to post notice
of the meetings on its Web site.
13)Provides that, if the Commission on State Mandates determines
that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to
existing law.
14)Extends the period to liquidate encumbrances of funds
appropriated in Item 4300-003-0001 of the Budget Act of 2010
(SB 870 (Ducheny), Chapter 712, Statutes of 2010), to June 30,
2014, thereby making an appropriation.
15)Contains an appropriation allowing this bill to take effect
immediately upon enactment.
Analysis Prepared by : Nicole Vazquez / BUDGET / (916)
319-2099
FN: 0001155
SB 83
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