Amended in Senate April 22, 2013

Amended in Senate April 2, 2013

Senate Bill No. 319

Introduced by Senator Price

February 19, 2013

An act to amend Sections 4519.5 and 4629.5 of the Welfare and Institutions Code, relating to developmental services.

LEGISLATIVE COUNSEL’S DIGEST

SB 319, as amended, Price. Developmental services: regional centers: data compilation.

Under the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is required to contract with regional centers to provide services and supports to individuals with developmental disabilities. Existing law requires the department and regional centers to annually collaborate to compile specified data relating to purchase of service authorization, utilization, and expenditure by each regional center. Existing law requires the department to 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 and requires posted information on this portal to include certain audits, reviews, and reports.

This bill would require the department to ensure that the regional centers collect, analyze, and report begin delete disability detail end delete begin insert the specified data end insert using uniform methodology and procedures that allow for comparisons across regional centers. The bill would require each regional center, commencing December 31, 2014, and each December 31 thereafter, to develop and post on its Internet Web site an annual report relating to whether the data indicates specified disparities and, if applicable, the regional center’s recommendations and plans to reduce those disparities. This bill would require the department’s transparency portal to include the regional centers’ annual reports developed and posted by the regional centers pursuant to these provisions.

This bill would state that it is the intent of the Legislature to enact legislation to require the department to provide biannual updates regarding the department’s progress in meeting the data compilation requirements.

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.  

It is the intent of the Legislature to enact
legislation to require the State Department of Developmental
Services to provide biannual updates regarding the department’s
progress in meeting the requirements of Section 4519.5 of the
Welfare and Institutions Code, which requires the department and
regional centers to annually collaborate to compile specified data
relating to purchase and service authorization, utilization, and
expenditure by each regional center.

SEC. 2.  

Section 4519.5 of the Welfare and Institutions Code
is amended to read:

4519.5.  

(a) The department and the regional centers shall
annually collaborate to compile data relating to purchase of service
authorization, utilization, and expenditure by each regional center
with respect to all of the following:

(1) The age of consumer, categorized by the following:

(A) Birth to begin delete age end delete two begin insert years of age end insert , inclusive.

(B) Three to 21 begin insert years of age end insert , inclusive.

(C) Twenty-two begin insert years of age end insert and older.

(2) Race or ethnicity of the consumer.

(3) Primary language spoken by the consumer, and other related
details, as feasible.

(4) Disability detail, in accordance with the categories
established by subdivision (a) of Section 4512, and, if applicable,
a category specifying that the disability is unknown. begin delete The
department shall ensure that the regional centers collect, analyze,
and report this data using uniform methodology and procedures
that allow for comparisons across regional centers. end delete

begin insert

(b) The department shall ensure that the regional centers collect,
analyze, and report the data described in subdivision (a) using
uniform methodology and procedures that allow for comparisons
across regional centers.

end insert begin delete

(b)

end delete

begin insert ( end insert begin insert c) end insert  The data reported pursuant to subdivision (a) shall also
include the number and percentage of individuals, categorized by
age, race or ethnicity, and disability, who have been determined
to be eligible for regional center services but are not receiving
purchase of service funds.

begin delete

(c)

end delete

begin insert ( end insert begin insert d) end insert  (1) By March 31, 2013, each regional center shall post the
data described in this section that is specific to the regional center
on its Internet Web site. Commencing on December 31, 2013, each
regional center shall annually post this data by December 31.

(2) By December 31, 2014, and each December 31 thereafter,
each regional center shall develop and post on its Internet Web
site an annual report on whether the data described in this section
indicates a need to reduce disparities among consumers in the
purchase of services within the regional center’s catchment area
or between consumers of the regional center and consumers of
other regional centers, and if so, the regional center’s
recommendations and plans to reduce the disparities.

begin delete

(d)

end delete

begin insert ( end insert begin insert e) end insert  By March 31, 2013, the department shall post the information
described in this section on a statewide basis on its Internet Web
site. Commencing December 31, 2013, the department shall
annually post this information by December 31.

begin delete

(e)

end delete

begin insert ( end insert begin insert f) end insert  Within three months of compiling the data with the
department, and annually thereafter, each regional center shall
meet with stakeholders in a public meeting regarding the data.

SEC. 3.  

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.

(5) Purchase of service policies.

(6) The names, types of service, and contact information of all
vendors, except consumers or family members of consumers.

(7) Board meeting agendas and approved minutes of open
meetings of the board and all committees of the board.

(8) Bylaws of the regional center governing board.

(9) The annual performance contract and yearend performance
contract entered into with the department pursuant to this division.

(10) The biannual Home and Community-based Services Waiver
program review conducted by the department and the State
Department of Health Care Services.

(11) The board-approved transparency and public information
policy.

(12) The board-approved conflict-of-interest policy.

(13) 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 Program reviews conducted by the department.

(7) Annual performance contract and yearend performance
contract reports.

(8) Annual reports developed and posted by regional centers
pursuant to Section 4519.5.