Senate Bill No. 468

Introduced by Senators Emmerson and Beall

(Coauthor: Assembly Member Blumenfield)

February 21, 2013

An act to add Section 4685.8 to the Welfare and Institutions Code, relating to developmental services.

LEGISLATIVE COUNSEL’S DIGEST

SB 468, as introduced, Emmerson. Developmental services: statewide self-determination project.

Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services contracts with regional centers to provide support and services to individuals with developmental disabilities. Under existing law, the regional centers purchase needed services and supports for individuals with developmental disabilities through approved service providers, or arrange for their provision through other publicly funded agencies. The services and supports to be provided to a regional center consumer are contained in an individual program plan (IPP), developed in accordance with prescribed requirements. Existing law establishes, contingent upon approval of a federal waiver, the Self-Directed Services Program, and requires the program to be available in every regional center catchment area to provide participants, within an individual budget, greater control over needed services and supports.

This bill would require the department to implement a statewide self-determination project under which funds from regional center budgets are allocated for local self-determination projects that will enhance the ability of a consumer and his or her family to control the decisions and resources required to meet the objectives in his or her individual program plan. The statewide project would be phased in over 3 years, and serve up to 2500 regional center consumers. The bill would require the department to ensure, among other things, that self-determination is available as a choice and participants in the project reflect the disability, ethnic, and geographic diversity of the state. The bill would require self-determination projects to include, among other things, increased consumer and family control over which services best meet their needs and the IPP objectives and comprehensive person-centered planning. This bill would require a self-determination project to establish a local advisory committee, as prescribed, to provide oversight of the project and to submit, by September 1, 2016, specified recommendations to the department regarding the effectiveness of the project.

This bill would require the department to report to the Legislature, as provided, by January 1, 2017, regarding the status of each project established under the bill, and would render this reporting requirement inoperative on January 1, 2021.

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.  

The Legislature finds and declares all of the
following:

(a) In 1998, the Legislature expanded the Lanterman
Developmental Disabilities Services Act to include a
self-determination pilot program. That pilot program was continued
by the Legislature in 2002 and 2003. However, the pilot program
was only available at five regional centers and the number of
individuals served by the self-determination pilot program remains
small, about 200 regional center consumers.

(b) As reflected in the State Department of Developmental
Services 2002 Report to the Legislature, the pilot program remains
an innovative, cost-effective and successful way of providing
services to regional center consumers and their families. The
findings in the report show that self-determination pilot program
participants were happy and experienced more freedom and
responsibility in controlling the direction of their services and life
choices, and the program was cost-neutral in the aggregate. The
report also found that good self-determination requires intensive
person-centered planning, collaboration, and follow-along services
and supports.

(c) Most other states have self-directed services as a model for
providing services. Many California consumers and families have
asked for a statewide expansion of the pilot program believing it
will do the following: increase innovative and effective services,
eliminate bureaucracy, and increase choices for consumers and
parents, thereby allowing them to increase their control of services
and supports by easily navigating increasingly complex service
systems.

(d) The intent of this act is to allow for voluntary participation
in the self-determination projects while ensuring that the project
is available to all consumers regardless of geographic location,
economic or educational background, or race or ethnicity, and
ensuring a consistent statewide method of administration and
comparable services. To ensure these outcomes are achieved, it is
the intent of the Legislature that the State Department of
Developmental Services and local advisory boards be responsible
for oversight and monitoring of funds used for self-determination
projects and the achievement of consumer outcomes.

(e) In addition, the intent of this act is that the self-determination
project be phased in over a three-year period and that the project
will continue to be available to all consumers as an option after
the initial phase-in period ends.

SEC. 2.  

Section 4685.8 is added to the Welfare and Institutions
Code, to read:

4685.8.  

(a) Notwithstanding any other provision of law, the
department shall implement a statewide self-determination project
under which funds from regional center budgets shall be allocated
for local self-determination projects that will enhance the ability
of a consumer and his or her family to control the decisions and
resources required to meet the objectives in his or her individual
program plan. The statewide project shall be phased in over three
years, and serve up to 2500 regional center consumers.

(b) The department in establishing the statewide project shall
ensure the following:

(1) That self-determination is available as a choice for up to
2500 regional center consumers.

(2) That participants in the project reflect the disability, ethnic,
and geographic diversity of the state.

(3) That the project is cost neutral in the aggregate.

(4) A statewide method of administration and determining
comparable services.

(5) Oversight of expenditure of self-directed funds and the
achievement of consumer outcomes over time.

(c) Self-determination projects funded shall include, but not be
limited to, all of the following:

(1) Increased consumer and family control over which services
best meet their needs and the individual program plan objectives.

(2) Comprehensive person-centered planning, including an
individual budget and services that are outcome based.

(3) Consumer and family training to ensure understanding of
the planning process and management of budgets, services, and
staff.

(4) Choice of independent facilitators who can assist with the
person-centered planning process and fiscal intermediaries who
can assist with payments and provide employee-related services.

(5) Innovation that will more effectively allow consumers to
achieve their goals.

(6) Programs that provide for the utilization of parent vendors,
direct pay options, individual budgets for the procurement of
services and supports, alternative case management, and vouchers.

(d) Each self-determination project shall establish a local
advisory committee to provide oversight of the self-determination
project. The regional center, area board, and the Office of Clients’
Rights Advocacy of Disability Rights California shall each appoint
one-third of the membership of the committee, which shall consist
of consumers, family members, clients’ rights advocates and other
advocates, and community leaders. The committee shall reflect
the multicultural diversity and geographic profile of the catchment
area. The committee shall review the development and ongoing
progress of the self-determination project, including whether the
project is operating consistent with the requirements of subdivisions
(a) and (b), and may make ongoing recommendations for
improvement to the regional center and the department. By
September 1, 2016, the local advisory committee shall submit to
the department recommendations regarding the effectiveness of
the project and the continuation and expansion of self-determined
services.

(e) The department shall issue a report to the Legislature no
later than January 1, 2017, on the status of each self-determination
project authorized by this section, and provide recommendations
with respect to continuation and expansion.

(f) (1) The requirement for submitting a report imposed under
subdivision (e) is inoperative on January 1, 2021, pursuant to
Section 10231.5 of the Government Code.

(2) A report to be submitted pursuant to subdivision (e) shall
be submitted in compliance with Section 9797 of the Government
Code.