BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 208|
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THIRD READING
Bill No: SB 208
Author: Lara (D)
Amended: 5/28/13
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 6-0, 4/9/13
AYES: Yee, Berryhill, Emmerson, Evans, Liu, Wright
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/13
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Developmental services: request for proposals
SOURCE : Author
DIGEST : This bill requires a request for proposals (RFP) that
is prepared by the Department of Developmental Services (DDS) or
by a regional center and that relates to consumer programs or
services and supports, to include a section on issues of equity
and diversity, as specified.
ANALYSIS :
Existing law:
1.Establishes the Lanterman Developmental Disabilities Services
Act, which states that California is responsible for providing
an array of services and supports sufficiently complete to
meet the needs and choices of each person with developmental
disabilities, regardless of age or degree of disability, and
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at each stage of life and to support their integration into
the mainstream life of the community.
2.Establishes a system of nonprofit regional centers to provide
fixed points of contact in the community for all persons with
developmental disabilities and their families and to
coordinate services and supports best suited to them
throughout their lifetime.
3.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.
4.Requires DDS, in cooperation with the regional centers, to
ensure that all providers of services and supports are
informed about their responsibility to comply with conditions
of any contract between the department or regional center and
the provider.
This bill:
1.Makes legislative findings that services provided to regional
center consumers should be provided in a linguistically and
culturally competent manner that promotes equity and diversity
for all Californians.
2.Requires that an RFP that is prepared by DDS or a regional
center and that relates to consumer programs or services and
supports shall include a section on issues of equity and
diversity.
3.Requires that the section on equity and diversity include a
request for information that includes at a minimum:
A. A statement outlining the applicant's plan to serve
diverse populations;
B. Examples of the applicant's commitment to addressing the
needs of diverse populations; and
C. Any additional information that the applicant deems
relevant to issues of equity and diversity.
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1.Exempts from this requirement all contracts entered into
before January 1, 2014.
Background
Access to Health Care Services . The U.S. Department of Health
and Human Services Office of Minority Health has issued 14
standards for health organizations to ensure Culturally and
Linguistically Appropriate Services. In 2001, the Office of
Minority Health released a report which identified adoption of
Culturally and Linguistically Appropriate Services standards as
a way to correct inequities that currently exist in the
provision of health services, and to make these services more
responsive to the individual needs of all patients/consumers.
Standards are intended to be inclusive of all cultures and not
limited to any particular population group or sets of groups.
However, they are especially designed to address the needs of
racial, ethnic, and linguistic population groups that experience
unequal access to health services.
Comments
According to the Senate Human Services Committee, this bill is
part of a package that arose from a hearing in 2012 by the
Senate Select Committee on Autism and Related Disorders that
focused on disparities in services in underserved communities.
The Senate Select Committee on Autism and Related Disorders held
an informational hearing on April 30, 2012, to discuss questions
surrounding equal access to regional center services for
consumers with autism spectrum disorders. The hearing was
prompted by a series of articles in 2011 in the Los Angeles
Times, which explored the differences that families of children
with autism had in accessing services. "Warrior Parents Fare
Best in Securing Autism Services" states that people of color,
low income, and socio-economically disadvantaged communities
receive fewer services compared to their white counterparts, and
found that DDS spent an average of $11,723 per child on whites;
$11,063 on Asians; $7,634 on Latinos, and $6,593 on blacks.
Though all regional centers are supposed to follow the same
criteria, average spending per child varies widely from place to
place and race to race," according to data obtained by The Times
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under the California Public Records Act. The articles also
noted that in 2010, the system served 16,367 autistic children
between the ages of 3 and 6, spending an average of $9,751 per
case statewide. But spending ranged from an average of $1,991
per child at the regional center in South Los Angeles to $18,356
at the one in Orange County.
An outcome of the select committee's hearing was a Taskforce on
Equity and Diversity for Regional Center Autism Services, which
was charged with finding 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. A 119-page report,
"A Preliminary Report by the Taskforce on Equity and Diversity
for Regional Center Autism Services," was published on March 18,
2013, and identified 19 recommended changes to practice within
the Developmental Services system. Among those recommendations
were:
That DDS should establish performance contract outcome
measures to provide oversight on issues of equity and
diversity.
That cultural competency best practices and community outreach
should utilize specific examples of effective regional center
programs.
One example of a best practice that was highlighted in the
report was Regional Center of the East Bay's practice of
requiring a section in each new RFP that addresses issues of
providing equity and diversity to consumers who are from
potentially underserved communities.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, minor costs to
the regional centers. (General Fund)
SUPPORT : (Verified 5/28/13)
Autism Society of Los Angeles
Disability Rights California
Special Needs Network, Inc.
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ARGUMENTS IN SUPPORT : According to the author, despite
significant cultural and linguistic diversity among the
populations served by DDS and the regional centers, the RFP
process does not currently assess the capacity of providers to
provide services and supports in a culturally and linguistically
competent manner. According to the author, SB 208 ensures
consumers receive developmental services and supports that are
culturally and linguistically appropriate.
Disability Rights California, a non-profit advocacy organization
mandated to advance the human and legal rights of people with
disabilities, states in support that given the unique needs of
culturally and ethnic diverse populations in California that
this is a critical piece of legislation.
JL:AL:nl 5/28/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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