BILL ANALYSIS �
SB 83
Page 1
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, however, be authorized to extend
beyond a period of one year, unless specified conditions are met
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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.
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
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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
*This bill is pending in the Assembly Budget Committee.
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