BILL NUMBER: SB 319 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 22, 2013
AMENDED IN SENATE APRIL 2, 2013
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 disability detail
the specified data 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 age two years of age ,
inclusive.
(B) Three to 21 years of age , inclusive.
(C) Twenty-two years of age 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. 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.
(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.
(b)
( c) 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.
(c)
( d) (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.
(d)
( e) 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.
(e)
( f) 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.