BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Kevin de León, Chair SB 208 (Lara) - Developmental services: request for proposals. Amended: April 11, 2013 Policy Vote: Human Services 6-0 Urgency: No Mandate: No Hearing Date: May 23, 2013 Consultant: Brendan McCarthy SUSPENSE FILE. AS PROPOSED TO BE AMENDED. Bill Summary: SB 208 would require any request for proposals that is prepared by the Department of Developmental Services or a regional center to include a section relating to issues of equity and diversity. Fiscal Impact (as approved on May 23, 2013): Minor costs to the regional centers (General Fund). Background: The Department of Developmental Services is responsible for coordinating care and services for about 250,000 people with developmental disabilities. The vast majority of these people are served by 21 regional centers, which are non-profit entities that contract with the state. The regional centers, in turn, contract with a variety of vendors to provide direct services to the developmentally disabled. In April 2012, the Senate Select Committee on Autism and Related Disorders held an informational hearing to investigate equal access to regional center services for consumers with autism spectrum disorders. Following the hearing, a Taskforce on Equity and Diversity for Regional Center Autism Services was established to study and make recommendations to ensure that consumers of regional center services receive appropriate services, regardless of race, ethnicity, or other socio-economic factors. Based on the deliberations of the taskforce, staff of the Select Committee compiled recommendations and findings of the taskforce into a draft report. SB 208 would implement one of the recommendations included in the report. Proposed Law: SB 208 would require any request for proposals that is prepared by the Department of Developmental Services or a regional center to include a section relating to issues of equity and diversity. SB 208 (Lara) Page 1 Proposals would be required to include, at a minimum, a statement outlining the applicant's plans to serve diverse populations, examples of the applicant's commitment to addressing the needs of diverse populations, and any additional information that is relevant. The bill would not apply to any contracts entered into before January 1, 2014. Related Legislation: SB 158 (Correa) would require a demonstration program to provide improved services to individuals with autism spectrum disorders through the regional centers. That bill will be heard in this committee. SB 319 (Price) would require regional centers to collect and analyze data on consumers race and ethnicity and access to services. The bill would require regional centers to develop plans to reduce disparities that are found. That bill will be heard in this committee. SB 321 (Price) would require the Department of Developmental Services to establish contract guidelines and performance measures relating to cultural and linguistic competence. SB 367 (Block) would require regional centers to report annually on issues relating to possible inequities in the access to services and efforts made to address inequities. That bill will be heard in this committee. SB 555 (Correa) would require communications between a regional center and a consumer and his/her family to be in the consumer's native language. AB 1232 (V. M. Perez) would require an existing Department of Developmental Services quality assurance tool to assess the provision of services in a culturally and linguistically appropriate manner. That bill is in the Assembly Human Services Committee. Staff Comments: The Administrative Procedure Act (beginning at Section 11340 of the Government Code) prohibits state agencies from issuing or enforcing any rule, regulation, order, or standard of general application unless it has been issued as a regulation under the Administrative Procedure Act. In order to clarify the requirements of this bill, the Department will most likely have to adopt implementing regulations. SB 208 (Lara) Page 2 Proposed author's amendments: would specify the bill's requirements, eliminating the need for regulations. Committee amendments: would limit the bill's requirement to requests for proposals related to consumer services and supports.