Senate Bill No. 137

Introduced by Senators Emmerson, Anderson, Beall, Liu, and Pavley

January 28, 2013

An act to amend Section 4629.5 of the Welfare and Institutions Code, relating to developmental services.

LEGISLATIVE COUNSEL’S DIGEST

SB 137, as introduced, Emmerson. Developmental services: regional centers.

Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is authorized to contract with regional centers to provide support and services to individuals with developmental disabilities. Existing law requires a regional center to include specified information on its Internet Web site for the purpose of promoting transparency and access to public information that includes specified information.

This bill would require that information to include specified information about payments to vendors and to nonprofit housing organizations.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 4629.5 of the Welfare and Institutions
Code is amended to read:

4629.5.  

(a) In addition to the requirements set forth in Section
4629, the department’s contract with a regional center shall require
the regional center to adopt, maintain, and post on its Internet Web
site a board-approved policy regarding transparency and access to
public information. The transparency and public information policy
shall provide for timely public access to information, including,
but not limited to, information regarding requests for proposals
and contract awards, service provider rates, documentation related
to establishment of negotiated rates, audits, and IRS Form 990.
The transparency and public information policy shall be in
compliance with applicable law relating to the confidentiality of
consumer service information and records, including, but not
limited to, Section 4514.

(b) To promote transparency, each regional center shall include
on its Internet Web site, as expeditiously as possible, at least all
of the following:

(1) Regional center annual independent audits.

(2) Biannual fiscal audits conducted by the department.

(3) Regional center annual reports pursuant to Section 4639.5.

(4) Contract awards, including the organization or entity
awarded the contract, and the amount and purpose of the award.

begin insert

(5) The actual rates paid to each vendor, updated annually,
except vendors who are consumers or family members of
consumers.

end insert begin insert

(6) Any regional center purchase of services from, or operations
funds provided to, a nonprofit housing organization outside the
request for proposals process.

end insert begin delete

(5)

end delete

begin insert (7) end insert  Purchase of service policies.

begin delete

(6)

end delete

begin insert (8) end insert  The names, types of service, and begin insert business end insert contact
information of all vendors, except begin insert vendors who are end insert consumers or
family members of consumers.

begin delete

(7)

end delete

begin insert (9) end insert  Board meeting agendas and approved minutes of open
meetings of the board and all committees of the board.

begin delete

(8)

end delete

begin insert (10) end insert  Bylaws of the regional center governing board.

begin delete

(9)

end delete

begin insert (11) end insert  The annual performance contract and begin delete year-end end delete begin insert yearend end insert
performance contract entered into with the department pursuant
to this division.

begin delete

(10)

end delete

begin insert (12) end insert  The biannual Home and Community-based Services
Waiver program begin delete review end delete begin insert reviews end insert conducted by the department and
the State Department of Health Care Services.

begin delete

(11)

end delete

begin insert (13) end insert  The board-approved transparency and public information
policy.

begin delete

(12)

end delete

begin insert (14) end insert  The board-approved conflict-of-interest policy.

begin delete

(13)

end delete

begin insert (15) end insert  Reports required pursuant to Section 4639.5.

(c) The department shall establish and maintain a transparency
portal on its Internet Web site that allows consumers, families,
advocates, and others to access provider and regional center
information. Posted information on the department’s Internet Web
site transparency portal shall include, but need not be limited to,
all of the following:

(1) A link to each regional center’s Internet Web site information
referenced in subdivision (b).

(2) Biannual fiscal audits conducted by the department.

(3) Vendor audits.

(4) Biannual Home and Community-based Services Waiver
program reviews conducted by the department and the State
Department of Health Care Services.

(5) Biannual targeted case management program and federal
nursing home reform program reviews conducted by the
department.

(6) Early Start begin delete Program end delete begin insert program end insert reviews conducted by the
department.

(7) Annual performance contract and begin delete year-end end delete begin insert yearend end insert
performance contract reports.