BILL ANALYSIS                                                                                                                                                                                                    Ó




                                                                  SB 158
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          Date of Hearing:   July 2, 2013

                        ASSEMBLY COMMITTEE ON HUMAN SERVICES
                                  Mark Stone, Chair
                     SB 158 (Correa) - As Amended:  May 28, 2013

           SENATE VOTE  :  39-0
           
          SUBJECT  :  Autism services:  demonstration program

           SUMMARY  :  Allows the Regional Center Excellence in Community  
          Autism Partnerships (RE CAP) demonstration program to be  
          established.

          Specifically,  this bill  :

          1)Authorizes the RE CAP demonstration program to be developed,  
            and requires the program, if established, to provide improved  
            services, supports, interventions and other resources to  
            assist regional center consumers with autism spectrum  
            disorders (ASD) who reside in underserved communities and  
            their families.

          2)Authorizes the Department of Developmental Services (DDS) to  
            contract with a University of California or California State  
            University campus to serve as a coordinating center to develop  
            the RE CAP program.

          3)Provides that the coordinating center may establish  
            guidelines, best practices, and technical assistance by which  
            regional centers participating in the RE CAP program will seek  
            to achieve the following goals in underserved communities:

             a)   Promote awareness and reduce the stigma associated with  
               ASD;

             b)   Improve the early screening for ASD;

             c)   Improve the diagnosis and assessment of ASD; and

             d)   Increase access to evidence-based interventions and  
               treatments for ASD.

          1)Makes regional center participation in the RE CAP program  
            voluntary.









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          2)Prohibits the use of state funds, beyond existing regional  
            center resources, for purposes of funding the RE CAP program,  
            and allows for additional resources provided by foundations,  
            federal funding, and other sources allocated by the  
            coordinating center for each RE CAP program.

          3)Establishes a January 1, 2019 sunset date for the RE CAP  
            demonstration program, as specified.













































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           EXISTING LAW  

          1)Establishes an entitlement to services for individuals with  
            developmental disabilities under the Lanterman Developmental  
            Disabilities Services Act (Lanterman Act).  (WIC 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 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 DDS to contract with those 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 4620 et seq.)

          4)Establishes an Individual Program Plan (IPP) 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 4512) 

          5)Requires that any individual who is believed to have a  
            developmental disability is eligible for intake and assessment  
            services, and sets guidelines and timelines for performing  
            those services.  (WIC 4642 et seq.) 

          6)Requires DDS to develop evaluation and diagnostic procedures  
            for autism spectrum disorders, as specified. (WIC 4643.3) 

           FISCAL EFFECT  :  According to the May 23, 2013 Senate  
          Appropriations Committee analysis, this bill will likely result  
          in one-time costs in the tens of thousands of dollars for the  
          Department of Developmental Services to contract with a campus  
          to develop best practices (General Fund), as well as potential  
          costs to the coordinating campus to develop best practices  
          (non-state funds, amount unknown). 

           COMMENTS  :  This bill is part of a package of legislation  
          resulting from recommendations of the Senate Select Committee on  









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          Autism and Related Disorders.  The Select Committee held an  
          informational hearing on April 30, 2012 to discuss questions  
          surrounding equal access to regional center services for  
          consumers with autism spectrum disorders (ASD).  An outcome of  
          the hearing was the creation of a 20-member Taskforce on Equity  
          and Diversity for Regional Center Autism Services, which was  
          charged with developing recommendations to ensure that consumers  
          of regional center services receive appropriate and timely  
          supports regardless of race, ethnicity, educational background  
          and other socio-economic factors.  The report, "A Preliminary  
          Report by the Taskforce on Equity and Diversity for Regional  
          Center Autism Services," published on March 18, 2013, identified  
          a number of recommendations for changes to current practice  
          within the developmental services system based on the work of  
          five subcommittees.  Among them was a recommendation for DDS to  
          "promote strategies and best practices by which effective  
          programs and services that promote equity and cultural and  
          linguistic competency could be shared among all of the regional  
          centers."  In response to this and related recommendations in  
          the report, this bill seeks to establish coordinating centers on  
          college campuses, in collaboration with DDS, to serve as  
          clearinghouses for guidelines and best practices that will be  
          shared with regional centers throughout the state.
           
          Background  :  The Lanterman Act guides the provision of services  
          and supports for Californians with developmental disabilities,  
          including intellectual disabilities, cerebral palsy, epilepsy,  
          and autism.  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 Department of Developmental Services (DDS) contracts with 21  
          regional centers throughout the state, which are private  
          nonprofit entities, to carry out many of the state's  
          responsibilities under the Lanterman Act.  The regional center  
          caseload is comprised of nearly 260,000 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  
          activities.  While most individuals receive treatment and  
          services in the community, 1,600 consumers reside at one of  
          California's four Developmental Centers-and one state-operated,  









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          specialized community facility-which provide 24-hour  
          habilitation and medical and social treatment services. 

           Autism  :  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.  Autism 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.  While 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  
          and/or interests.  Autism spectrum disorders (ASD), is one of  
          the commonly-used terms to describe autism and other pervasive  
          developmental disorders (PDD), 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.
           
           According to the Centers for Disease Control (CDC) Autism and  
          Developmental Disabilities Monitoring (ADDM) Network, the  
          estimated prevalence of ASD for children born in 2008 was 11.3  
          per 1,000 children, which translates to one in 88 children.   
          This is a drastic increase from the average prevalence for 2006,  
          which was 9.0 per 1,000, or one in 110 children.  ASD continues  
          to be 4 to 5 times more prevalent for boys than for girls.<1>   

          March 2013 DDS data shows that 59,852 regional center consumers  
          have an autism diagnosis, which is nearly double the number of  
          individuals with the same diagnosis served by regional centers  
          in 2007.  An additional 4,562 consumers are on the autism  
          spectrum with a diagnosis of pervasive developmental disorder  
          (PDD).  Among the individuals with ASD served by the regional  
          centers, 11,484 are female and 52,930 are male, and 40% of the  
          population with an autism or PDD diagnosis is 0 to 9 years old.   
          Additionally 32.22% are identified as Hispanic and 34.85% as  
          White, whereas 7.85% are identified as Black/African-American  
          and 8.83% are identified as Asian.<2>
           

          ---------------------------
          <1> http://www.cdc.gov/ncbddd/autism/data.html
          <2>  
          http://www.dds.ca.gov/FactsStats/docs/QR/March2013_Quarterly.pdf  








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          Early Intervention Services  :  Research shows that a child's  
          development can be greatly impacted by early intervention  
          treatment services, especially when provided during a child's  
          first three years.  During that time, a child is developing  
          motor skills and language, and begins to socialize with others.   
          Early intervention services for babies and toddlers that have  
          been diagnosed with, or seem to be at risk for, a developmental  
          delay or disability often include physical, cognitive,  
          communication, social/emotional and self-help skill building.   
          While there is no proven cure for ASD, early intervention can  
          dramatically change the trajectory of a child's life over time,  
          including his or her ability to learn new skills throughout  
          childhood and an increased ability to integrate into, and have a  
          positive relationship with, his or her community.  
           
          Need for this bill  :  According to the author, "The significance  
          of socioeconomic, psychosocial, and cultural factors in the  
          evaluation and treatment of ASD are considered to be very  
          important, but unresolved, issues.  According to data from the  
          National Survey of Children's Health, being African-American,  
          Latino or poor was associated with decreased access to  
          services."  

          By establishing a foundation for the coordination of resources  
          and pooling and dissemination of information to benefit  
          underserved communities, this bill seeks to increase access to  
          necessary developmental services for children and families that  
          may otherwise never interact with a regional center or receive  
          adequate treatment and services.  As the incidence of autism  
          diagnoses continues to grow, special attention to the language,  
          resource, and cultural needs of underserved communities will  
          continue to be necessary.  This bill additionally acknowledges  
          the sequential ties between stigma, low rates of autism  
          diagnoses and the lack of beneficial early intervention  
          services.  Should the demonstration program included in this  
          bill be authorized, the guidance it will facilitate could help  
          to ensure children in underserved regions or demographic groups  
          receive the early intervention they need to experience better  
          outcomes throughout their lifetimes.

          In support of this bill, the Special Needs Network states, "Two  
          children are newly diagnosed with autism every hour in  
          California.  Delays in diagnosis and gaps in vital services have  
          a huge impact on the future of children with autism.  Low-income  
          and minority children are especially vulnerable and regional  









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          center services are often the only option to manage or improve  
          their conditions.  Gaps, disparities, and poor delivery of these  
          services can be catastrophic to a young developing mind?SB 158,  
          commonly known as the Regional Center Excellence in Community  
          Autism Partnerships (RE CAP) is intended to promote awareness  
          and reduce the stigma associated with pervasive developmental  
          disorders, as well as improve early screening and diagnosis."

           RELATED LEGISLATION
           
          SB 208 (Lara) requires that a request for proposal prepared by  
          DDS or a regional center that relates to consumer services and  
          supports include a section on equity and diversity. 

          SB 367 (Block) requires Regional Centers to develop a Regional  
          Center Study and Planning Process for Equity and Cultural and  
          Linguistic Competency (RESPECT) to oversee issues related to  
          regional center staff and vendor cultural and linguistic  
          competency. 

          SB 555 (Correa) requires that communication about assessment,  
          individual program plans and other critical documents and  
          processes be done in a consumer or family member's native  
          language and other culturally and linguistically competent  
          manners. 

          AB 1232 (V. Manuel Pérez) requires the existing DDS quality  
          assurance instrument to assess the provision of services in a  
          linguistically and culturally competent manner and include an  
          outcome-based measure on issues of equity and diversity. 

           PRIOR LEGISLATION

           SCR 51 (Perata) Chapter 124, Statues of 2005, established the  
          Legislative Blue Ribbon Commission on Autism tasked to identify  
          gaps in programs and services related to the education and  
          treatment of children, adolescents, transitional youth, and  
          adults with autism spectrum disorders, provide recommendations  
          for the planning of a comprehensive and integrated continuum of  
          programs, services and provide a report to the Governor and to  
          the Legislature. 

          AB 1872 (Coto) 2008, would have established the California  
          Autism Spectrum Disorder Clearinghouse administered by the  
          department to provide evidence-based and recommended information  









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          and practices regarding the education of pupils with autism  
          spectrum disorders, including, but not limited to, information  
          about and examples of instructional strategies, fiscal  
          management practices, and organizational structures supporting  
          quality service delivery.  This bill was vetoed by the Governor.  


          SB 527 (Steinberg) 2008, would have required the DSS to partner  
          with at least one regional center to implement a 2-year ASD  
          Early Screening, Intervention, and Treatment Pilot Program in at  
          least 3 key geographic areas.  The pilot program would have  
          established best practices for early screening, diagnosis,  
          referral, and treatment for children with ASD.  This bill was  
          vetoed by the Governor. 

          SB 1475 (Torlakson) 2008, would have required DSS to establish a  
          2-year pilot project to, among other things, provide methods,  
          instruments, and systems of care between regional centers and  
          school districts for the early identification and assessment of  
          children with ASD from birth to 5 years of age.  This bill was  
          vetoed by the Governor.
           
          REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Association of Regional Center Agencies (ARCA)
          Autism Speaks
          Health Access California 
          Special Needs Network (SNN)
          The Center for Autism and Related Disorders (CARD)
           
            Opposition 
           
          None on file

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