Amended in Assembly August 21, 2013

Amended in Assembly August 6, 2013

Amended in Senate May 28, 2013

Amended in Senate April 25, 2013

Amended in Senate April 15, 2013

Senate Bill No. 468

Introduced by Senators Emmerson and Beall

(Coauthor: Assembly Member Mitchell)

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 amended, Emmerson. Developmental services: statewide Self-Determination Program.

Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services contracts with regional centers to provide services and supports 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, contingent upon approval of federal funding, to establish and implement a state Self-Determination Program, as defined, that would be available in every regional center catchment area to provide participants and their families, within an individual begin delete budget amount, end delete begin insert budget, end insert increased flexibility and choice, and greater control over decisions, resources, and needed and desired services and supports to implement their IPP, in accordance with prescribed requirements. The statewide program would be phased in over 3 years, begin delete initially end delete serving up to 2,500 regional center consumers begin insert during the phase-in period end insert , and begin delete thereafter would be end delete begin insert thereafter, end insert available on a voluntary basis to all eligible regional center consumers. The bill would require the department to, among other things, apply for federal funding for the program by December 31, 2014.

This bill would provide that program participants receive an individual begin delete budget amount, end delete begin insert budget, end insert as prescribed, to be used for the purchase of services and supports necessary to implement the participant’s IPP. The bill would require program participants to agree to, among other things, manage self-determination services and supports within the individual begin delete budget amount. The individual budget amount would be available to the participant each year for the purchase of services and supports under the program until a new individual budget amount has been determined. end delete begin insert budget. The bill would require the department to require nonvendored providers of services and supports end insert begin insert who meet specified criteria end insert begin insert to submit to a criminal background check, as specified. end insert The bill would, among other things, require each regional center to be responsible for implementing the program as a term of its contract, and to establish a local voluntary advisory committee to provide oversight of the project. The bill would require the State Council on Developmental Disabilities to form a volunteer statewide committee to, among other things, identify self-determination best practices. The bill would require the State Council on Developmental Disabilities to issue to the Legislature a report regarding the status of the program and recommendations to the program, as specified, and would require the department, beginning begin delete January 10, 2016, end delete begin insert January 10, 2017, end insert to provide to the appropriate policy and fiscal committees of the Legislature prescribed information relating to the program.

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 begin delete a end delete
self-determination pilot begin delete project. That pilot project was end delete begin insert projects.
Those pilot projects were end insert continued by the Legislature in 2002
and 2003. However, the pilot begin delete project was end delete begin insert projects were end insert only
available at begin delete five end delete begin insert three end insert regional centers begin insert pursuant to Section 13 of
Chapter 1043 of the Statutes of 1998, as amended, and two
additional regional centers pursuant to Article 4 (commencing
with Section 4669.2) of Chapter 5 of Division 4.5 of the Welfare
and Institutions Code, end insert and the number of individuals served by
the local self-determination pilot begin delete programs end delete begin insert projects end insert remains begin delete small, end delete
begin insert small at end insert about begin delete 200 end delete begin insert 140 end insert regional center consumers.

(b) As reflected in the State Department of Developmental
Services 2002 Report to the Legislature, the pilot begin delete project remains end delete
begin insert projects remain end insert an innovative, begin delete cost effective, end delete begin insert cost-effective, end insert and
successful way of providing services to regional center consumers
and their families. The findings in the report show that
self-determination pilot project participants were happy and
experienced more freedom and responsibility in controlling the
direction of their services and life choices, and the project 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 or self-determination
services as a model for providing services. Many California
consumers and families have asked for a statewide expansion of
the pilot project 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) Consumers in traditionally underserved linguistic, cultural,
socioeconomic, and ethnic communities have unique challenges
in accessing needed regional center services that have been
impacted by service limitations imposed as a response to
California’s recent budget shortfalls. This is particularly true for
consumers living at home with a parent or guardian. The
Self-Determination Program offers increased service flexibility,
which will begin insert help end insert promote access to needed services for these
consumers and their families.

(e)  begin delete The intent of this act is to allow end delete begin insert This act allows end insert for voluntary
participation in the Self-Determination Program begin delete while ensuring
that the program is available to all consumers regardless of
geographic location, economic or educational background, or race
or ethnicity, and ensuring end delete begin insert in all 21 regional centers and ensures
cost-neutrality and end insert a consistent statewide method of begin delete 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 the
Self-Determination Program and the achievement of consumer
outcomes. end delete begin insert administration. The intent of this act is to ensure that
the program is available to all consumers regardless of geographic
location, economic or educational background, or race or ethnicity. end insert

begin insert

(f) To ensure these outcomes are achieved, it is the intent of the
Legislature that the State Department of Developmental Services
and regional centers be responsible for oversight and monitoring
of funds used for the Self-Determination Program and the
achievement of consumer outcomes.

end insert begin delete

(f)

end delete

begin insert (g) end insert  In addition, the intent of this act is that the
Self-Determination Program be phased in over a three-year period
and that the program 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) The department shall implement a statewide
Self-Determination Program. The Self-Determination Program
shall be available in every regional center catchment area to provide
participants and their families, within an individual begin delete budget amount, end delete
begin insert budget, end insert increased flexibility and choice, and greater control over
decisions, resources, and needed and desired services and supports
to implement their IPP. The statewide Self-Determination Program
shall be phased in over three years, begin delete initially serving end delete begin insert and during
this phase-in period, shall serve end insert up to 2,500 regional center
consumers, inclusive of the remaining participants in the
self-determination pilot begin delete project end delete begin insert projects end insert authorized pursuant to
Section 13 of Chapter 1043 of the Statutes of 1998, as amended,
begin delete and thereafter end delete begin insert and Article 4 (commencing with Section 4669.2) of
Chapter 5. Following the phase-in period, the program end insert shall be
available on a voluntary basis to all regional center consumers
who are eligible for the Self-Determination Program. The program
shall be available to individuals who reflect the disability, ethnic,
and geographic diversity of the state.

(b) The department in establishing the statewide program shall
begin delete ensure the following: end delete begin insert do both of the following: end insert

begin insert

(1) For the first three years of the Self-Determination Program,
determine, as part of the contracting process described in Sections
4620 and 4629, the number of participants each regional center
shall serve in its Self-Determination Program. To ensure that the
program is available on an equitable basis to participants in all
regional center catchment areas, the number of Self-Determination
program participants in each regional center shall be based on
the relative percentage of total consumers served by the regional
centers minus any remaining participants in the self-determination
pilot projects authorized pursuant to Section 13 of Chapter 1043
of the Statutes of 1998, as amended, and Article 4 (commencing
with Section 4669.2) of Chapter 5.

end insert begin insert

(2) Ensure all of the following:

end insert begin delete

(1) The program is cost neutral in the aggregate.

end delete begin delete

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

end delete begin delete

(3)

end delete

begin insert (A) end insert  Oversight of expenditure of self-determined funds and the
achievement of begin delete consumer end delete begin insert participant end insert outcomes over time.

begin delete

(4)

end delete

begin insert (B) end insert  Increased begin delete consumer and family end delete begin insert participant end insert control over
which services and supports best meet their needs and the IPP
objectives. A participant’s unique support system may include the
purchase of existing service offerings from service providers or
local businesses, hiring his or her own support workers, or
negotiating unique service arrangements with local community
resources.

begin delete

(5)

end delete

begin insert (C) end insert  Comprehensive person-centered planning, including an
individual budget and services that are outcome based.

begin delete

(6)

end delete

begin insert (D) end insert  Consumer and family training to ensure understanding of
the principles of self-determination, the planning process, and the
management of budgets, services, and staff.

begin delete

(7)

end delete

begin insert (E) end insert  Choice of independent facilitators who can assist with the
person-centered planning process and choice of financial
management services providers vendored by regional centers who
can assist with payments and provide employee-related services.

begin delete

(8)

end delete

begin insert (F) end insert  Innovation that will more effectively allow begin delete consumers end delete
begin insert participants end insert to achieve their goals.

(c) For purposes of this section, the following definitions shall
apply:

(1) “Financial management services” means services or
functions that assist the participant to manage and direct the
distribution of funds contained in the individual budget, and ensure
that the participant has the financial resources to implement his or
her IPP throughout the year. These may begin delete include, but are not limited
to, end delete begin insert include end insert bill paying services and activities that facilitate the
employment of service and support workers by the participant,
including, but not limited to, fiscal accounting, tax withholding,
compliance with relevant state and federal employment laws,
begin insert assisting the participant in verifying vendor qualifications,
including criminal background checks, end insert and expenditure reports.
The financial management services provider shall meet the
requirements of Sections 58884, 58886, and 58887 of Title 17 of
the California Code of Regulations and other specific qualifications
established by the department. The costs of financial management
services shall be paid by the participant out of his or her individual
budget begin insert , except for the cost of obtaining the criminal background
check specified in subdivision (w) end insert .

(2) “Independent facilitator” means a begin delete conflict-of-interest-free end delete
person, selected and directed by the participant, begin delete who may assist end delete
begin insert who is not otherwise providing services to the participant pursuant
to his or her IPP and is not employed by a person providing
services to the participant. The independent facilitator may assist end insert
the participant in making informed decisions about the individual
budget, and in locating, accessing, and coordinating services and
supports consistent with the participant’s IPP. He or she is available
to assist in identifying immediate and long-term needs, developing
options to meet those needs, leading, participating, or advocating
on behalf of the participant in the person-centered planning process
and development of the IPP, and obtaining identified services and
supports. The begin delete costs end delete begin insert cost end insert of the independent facilitator begin insert , if any, end insert shall
be paid by the participant out of his or her individual budget. An
independent facilitator shall receive training in the principles of
self-determination begin insert , the person-centered planning process, end insert and the
begin insert other end insert responsibilities described in this paragraph at his or her own
cost.

(3) “Individual begin delete budget amount” end delete begin insert budget end insert begin insert ” end insert means the amount of
begin insert regional center purchase of service end insert funding available to the
participant for the purchase of services and supports necessary to
implement the IPP. The individual budget begin delete amount end delete shall be
determined using a fair, equitable, and transparent methodology.

(4) “IPP” means individual program plan, as described in Section
4646.

(5) “Participant” means an individual, and when appropriate,
his or her parents, legal guardian or conservator, or authorized
representative, who has been deemed eligible for, and has
voluntarily agreed to participate in, the Self-Determination
Program.

(6) “Self-determination” means a voluntary delivery system
consisting of a defined and comprehensive mix of services and
supports, selected and directed by a participant through
person-centered planning, in order to meet begin delete all or some of end delete the
objectives in his or her IPP. Self-determination services and
supports are designed to assist the participant to achieve personally
defined outcomes in community settings that promote inclusion.
The Self-Determination Program shall only fund services and
supports begin insert provided pursuant to this division end insert that the federal Centers
for Medicare and Medicaid Services begin delete has determined end delete begin insert determines end insert
are eligible for federal financial participation.

(d) Participation in the Self-Determination Program is fully
voluntary. A begin delete consumer end delete begin insert participant end insert may choose to participate in,
and may choose to leave, the Self-Determination Program at any
time. A regional center begin delete may end delete begin insert shall end insert not require or prohibit
participation in the Self-Determination Program as a condition of
eligibility for, or the delivery of, services and supports otherwise
available under this division. Participation in the
Self-Determination Program shall be available to any regional
center consumer who meets the following eligibility requirements:

begin delete

(1) The participant is three years of age or older.

end delete begin delete

(2)

end delete

begin insert (1) end insert  The participant has a developmental disability, as defined
in Section 4512 begin insert and is receiving, or is eligible to receive, services
pursuant to this division end insert .

begin delete

(3)

end delete

begin insert (2) end insert  The begin delete participant end delete begin insert consumer end insert does not live in a licensed
long-term health care facility, as defined in paragraph (44) of
subdivision (a) of Section 54302 of Title 17 of the California Code
of Regulations. An individual, and when appropriate his or her
parent, legal guardian or conservator, or authorized representative,
who is not eligible to participate in the Self-Determination Program
pursuant to this paragraph may request that the regional center
provide person-centered planning services in order to make
arrangements for transition to the Self-Determination Program,
provided that he or she is begin delete eligible for the California Community
Transitions Project. end delete begin insert reasonably expected to transition to the
community within 90 days. end insert In that case, the regional center shall
initiate person-centered planning services within 60 days of that
request.

begin delete

(4)

end delete

begin insert (3) end insert  The participant agrees to all of the following terms and
conditions:

(A) The participant shall receive an orientation to the
Self-Determination Program prior to enrollment, which includes
the principles of self-determination, the role of the independent
facilitator and the financial management services provider,
person-centered planning, and development of a budget.

(B) The participant shall begin delete agree to end delete utilize the services and
supports available within the Self-Determination Program only
when generic services and supports are not available.

(C) The participant shall only purchase services and supports
necessary to implement his or her IPP and shall begin delete agree to end delete comply
with any and all other terms and conditions for participation in the
Self-Determination Program described in this section.

(D) The participant shall manage Self-Determination Program
services and supports within begin delete the end delete begin insert his or her end insert individual begin delete budget
amount. end delete begin insert budget. end insert

(E) The participant shall utilize the services of a
begin delete conflict-of-interest-free end delete financial management services provider
of his or her own choosing and who is vendored by a regional
center.

(F) The participant may utilize the services of begin delete a
conflict-of-interest-free end delete begin insert an end insert independent facilitator of his or her
own choosing for the purpose of providing services and functions
as described in paragraph (2) of subdivision (c). If the participant
elects not to use an independent facilitator, he or she may use begin delete a end delete
begin insert his or her end insert regional center service coordinator begin delete of his or her choosing end delete
to provide the services and functions described in paragraph (2)
of subdivision (c).

(e) A participant who is not Medi-Cal eligible may participate
in the Self-Determination Program and receive self-determination
services and supports if all other program eligibility requirements
are met and the services and supports are otherwise eligible for
federal financial participation.

(f) An individual receiving services and supports under begin delete the end delete begin insert a end insert
self-determination pilot begin delete programs end delete begin insert project end insert authorized pursuant to
Section 13 of Chapter 1043 of the Statutes of 1998, as amended,
begin insert or pursuant to Article 4 (commencing with Section 4669.2) of
Chapter 5, end insert may elect to continue to receive self-determination
services and supports pursuant to this section or the regional center
shall provide for the participant’s transition from the
self-determination pilot program to other services and supports.
This transition shall include the development of a new IPP that
reflects the services and supports necessary to meet the individual’s
needs. The regional center shall ensure that there is no gap in
services and supports during the transition period.

(g) The additional federal financial participation funds generated
by begin delete individuals participating in the Self-Determination Program
pursuant to this section shall be used to offset the administrative
costs of the program, including, but not limited to, training for
consumers, family members, and regional center staff, caseload
ratio improvement, and costs associated with the participant’s
initial person-centered planning meeting and development of the
participant’s initial budget amount. end delete begin insert the former participants of the
self-determination pilot projects authorized pursuant to Section
13 of Chapter 1043 of the Statutes of 1998, as amended, or
pursuant to Article 4 (commencing with Section 4669.2) of Chapter
5, shall be used as follows: end insert

begin insert

(1) First, to offset the cost to the department for the criminal
background check conducted pursuant to subdivision (w), and
other administrative costs incurred by the department in
implementing the Self-Determination Program.

end insert begin insert

(2) With any remaining funds, to offset the administrative costs
to the regional centers in implementing the Self-Determination
Program, including, but not limited to, caseload ratio enhancement,
training for consumers, family members, and regional center staff,
costs associated with the participant’s initial person-centered
planning meeting, and the development of the participant’s initial
individual budget.

end insert

(h) If at any time during participation in the Self-Determination
Program a regional center determines that a participant is no longer
eligible to continue in, or a participant voluntarily chooses to exit,
the Self-Determination Program, the regional center shall provide
for the participant’s transition from the Self-Determination Program
to other services and supports. This transition shall include the
development of a new IPP that reflects the services and supports
necessary to meet the individual’s needs. The regional center shall
ensure that there is no gap in services and supports during the
transition period.

(i) An individual determined to be ineligible for or who
voluntarily exits the Self-Determination Program shall be permitted
to return to the Self-Determination Program upon meeting all
applicable eligibility criteria and upon approval of the participant’s
planning team, as described in subdivision (j) of Section 4512. An
individual who has voluntarily exited the Self-Determination
Program begin delete may end delete begin insert shall end insert not return to the program for at least 12 months.
begin insert During the first three years of the program, the individual’s right
to return to the program is conditioned on his or her regional
center not having reached the participant cap imposed by
subdivision (a). end insert

(j) An individual who participates in the Self-Determination
Program may elect to continue to receive self-determination
services and supports if he or she transfers to another regional
center catchment area begin insert , provided that he or she remains eligible
for the Self-Determination Program pursuant to subdivision (d).
The balance of the participant’s individual budget shall be
reallocated to the regional center to which he or she transfers end insert .

(k) The IPP team shall utilize the person-centered planning
process to develop the IPP for a participant. The IPP shall detail
the goals and objectives of the participant that are to be met through
the purchase of participant-selected services and supports. The
IPP team shall determine the individual budget begin delete amount end delete to ensure
the budget amount assists the participant to achieve the outcomes
set forth in his or her IPP and ensures his or her health and safety.
The completed individual budget begin delete amount end delete shall be attached to the
IPP.

(l) The participant shall implement his or her IPP, including
choosing and purchasing the services and supports allowable under
this section necessary to implement the plan. A participant is
exempt from the cost control restrictions regarding the purchases
of services and supports pursuant to Sections 4648.5 and 4686.5.
A regional center shall not prohibit the purchase of any service or
support that is otherwise allowable under this section.

(m) A participant shall have all the rights established in Sections
4646 to 4646.6, inclusive, and Chapter 7 (commencing with Section
4700).

begin delete

(n) (1) During the first two years of the Self-Determination
Program, the individual budget amount shall equal 98 percent of
the annual purchase of service costs for the individual. The annual
costs shall reflect the average annual costs for the previous two
fiscal years for the individual. In addition, the IPP team may adjust
the individual budget amount to address a change in the
participant’s circumstances.

(2) Prior to the end of the second year of the Self-Determination
Program, the department, in consultation with stakeholders, shall
develop one or more additional methodologies for individual
budget amounts that are computed in a fair, transparent, and
equitable manner and are based on consumer characteristics and
needs, and that include a method for adjusting individual budget
amounts to address a participant’s change in circumstances.

(o) The IPP team, using any of the methodologies developed in
subdivision (n), shall determine the individual budget amount for
the participant. That individual budget amount shall be available
to the participant each year for the purchase of program services
and supports until a new individual budget amount has been
determined. An individual budget amount shall be calculated no
more than once in a 12-month period, unless revised to address a
participant’s change in circumstances. The IPP team shall annually
ascertain from the participant whether there are any circumstances
that require a change to the annual individual budget amount. The
individual budget amount shall be distributed among uniform
budget categories developed by the department in consultation
with stakeholders and in accordance with the timing of the
expenditures anticipated in the IPP.

end delete begin insert

(n) (1) Except as provided in paragraph (4), the IPP team shall
determine the initial and any revised individual budget for the
participant using the following methodology:

end insert begin insert

(A) (i) Except as specified in clause (ii), for a participant who
is a current consumer of the regional center, his or her individual
budget shall be the total amount of the most recently available 12
months of purchase of service expenditures for the participant.

end insert begin insert

(ii) An adjustment may be made to the amount specified in clause
(i) if both of the following occur:

end insert begin insert

(aa) The IPP team determines that an adjustment to this amount
is necessary due to a change in the participant’s circumstances,
needs, or resources that would result in an increase or decrease
in purchase of service expenditures, or the IPP team identifies
prior needs or resources that were unaddressed in the IPP, which
would have resulted in an increase or decrease in purchase of
service expenditures.

end insert begin insert

(ab) The regional center certifies on the individual budget
document that regional center expenditures for the individual
budget, including any adjustment, would have occurred regardless
of the individual’s participation in the Self-Determination Program.

end insert begin insert

(iii) For purposes of clauses (i) and (ii), the individual budget
shall not be increased to cover the cost of the independent
facilitator or the financial management services.

end insert begin insert

(B) For a participant who is not a current consumer of the
regional center, his or her individual budget shall be calculated
as follows:

end insert begin insert

(i) The IPP team shall identify the services and supports needed
by the participant and available resources, as required by Section
4646.

end insert begin insert

(ii) The regional center shall calculate the cost of providing the
services and supports to be purchased by the regional center by
using the average cost paid by the regional center for each service
or support unless the regional center determines that the consumer
has a unique need that requires a higher or lower cost. The
regional center shall certify on the individual budget document
that this amount would have been expended using regional center
purchase of service funds regardless of the individual’s
participation in the Self-Determination Program.

end insert begin insert

(iii) For purposes of clauses (i) and (ii), the individual budget
amount shall not be increased to cover the cost of the independent
facilitator or the financial management services.

end insert begin insert

(2) The individual budget amount shall be available to the
participant each year for the purchase of program services and
supports. An individual budget shall be calculated no more than
once in a 12-month period, unless revised to reflect a change in
circumstances, needs, or resources of the participant using the
process specified in clause (ii) of subparagraph (A) of paragraph
(1).

end insert begin insert

(3) The individual budget shall be assigned to uniform budget
categories developed by the department in consultation with
stakeholders and distributed according to the timing of the
anticipated expenditures in the IPP and in a manner that ensures
that the participant has the financial resources to implement his
or her IPP.

end insert begin insert

(4) The department, in consultation with stakeholders, may
develop alternative methodologies for individual budgets that are
computed in a fair, transparent, and equitable manner and are
based on consumer characteristics and needs, and that include a
method for adjusting individual budgets to address a participant’s
change in circumstances or needs.

end insert begin delete

(p)

end delete

begin insert (o) end insert  Annually, participants may transfer up to 10 percent of the
funds originally distributed to any budget category set forth in
begin delete subdivision (o) end delete begin insert paragraph (3) of subdivision (n) end insert to another budget
category or categories. Transfers in excess of 10 percent of the
original amount allocated to any budget category may be made
upon the approval of the regional center or the participant’s IPP
team. begin delete Regional centers or the IPP team may only deny a transfer
if necessary to protect the health and safety of the participant. end delete

begin delete

(q)

end delete

begin insert (p) end insert  Consistent with the implementation date of the IPP, the IPP
team shall annually ascertain from the participant whether there
are any circumstances begin insert or needs end insert that require a change to the annual
individual begin delete budget amount. end delete begin insert budget. end insert Based on that review, the IPP
team shall calculate a new individual budget begin delete amount end delete consistent
with the methodology identified in subdivision (n).

begin delete

(r)

end delete

begin insert (q) end insert   begin insert (1) end insert begin insert   end insert On or before December 31, 2014, the department shall
apply for federal Medicaid funding for the Self-Determination
Program by begin delete applying end delete begin insert doing one or more of the following: end insert

begin insert (A) end insert begin insert   end insert begin insert Applying end insert for a state plan begin delete amendment, end delete begin insert amendment. end insert

begin insert (B) end insert begin insert   end insert begin insert Applying for end insert an amendment to a current home- and
community-based waiver for individuals with developmental
begin delete disabilities, for a new waiver, or by seeking to maximize federal
financial participation through other means. Contingent end delete begin insert disabilities. end insert

begin insert

(C) Applying for a new waiver.

end insert begin insert

(2) To the extent feasible, the state plan amendment, waiver, or
other federal request described in paragraph (1) shall incorporate
the eligibility requirements, benefits, and operational requirements
set forth in this section. Except for the provisions of subdivisions
(k), (m), (p), and this subdivision, the department may modify
eligibility requirements, benefits, and operational requirements
as needed to secure approval of the Medicaid waiver.

end insert

begin insert (3) end insert begin insert   end insert begin insert Contingent end insert upon approval of federal funding, the
Self-Determination Program shall be established. begin delete The department
shall adopt regulations to implement the procedures set forth in
this section. end delete

begin insert

(r) (1) The department, as it determines necessary, may adopt
regulations to implement the procedures set forth in this section.
Any regulations shall be adopted in accordance with the
requirements of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.

end insert begin insert

(2) Notwithstanding paragraph (1) and Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code, and only to the extent that all necessary
federal approvals are obtained, the department, without taking
any further regulatory action, shall implement, interpret, or make
specific this section by means of program directives or similar
instructions until the time regulations are adopted. It is the intent
of the Legislature that the department be allowed this temporary
authority as necessary to implement program changes only until
completion of the regulatory process.

end insert

(s) The department, in consultation with stakeholders, shall
develop informational materials about the Self-Determination
Program. The department shall ensure that regional centers are
trained in the principles of self-determination, the mechanics of
the Self-Determination Program, and the rights of consumers and
families as candidates for, and participants in, the
Self-Determination Program.

(t) Each regional center shall be responsible for implementing
the Self-Determination Program as a term of its contract under
Section 4629. As part of implementing the program, the regional
center shall do begin delete all end delete begin insert both end insert of the following:

(1) Contract with local consumer or family-run organizations
to conduct outreach through local meetings or forums to consumers
and their families to provide information about the
Self-Determination Program and to help ensure that the program
is available to a diverse group of participants, with special outreach
to underserved communities.

(2) Collaborate with the local consumer or family-run
organizations identified in paragraph (1) to jointly conduct training
about the Self-Determination Program.

begin delete

(3) Advance funds to a financial management services provider
to facilitate participation in the Self-Determination Program, when
the participant’s IPP team determines it is necessary to enable
participation in the Self-Determination Program. The regional
center shall not, at any one time, advance more than 15 percent of
the budget amount.

end delete

(u) The financial management services provider shall provide
the participant and the regional center service coordinator with a
monthly individual budget statement that describes the amount of
funds allocated by budget category, the amount spent in the
previous 30-day period, and the amount of funding that remains
available under the participant’s individual begin delete budget amount. end delete begin insert budget. end insert

(v) Only the financial management services provider is required
to apply for vendorization in accordance with Subchapter 2
(commencing with Section 54300) of Chapter 3 of Title 17 of the
California Code of Regulations, for the Self-Determination
Program. All other service begin insert and support end insert providers shall begin insert not be on
the federal debarment list and shall end insert have applicable state licenses,
certifications, or other state required documentation, begin insert including
documentation of any other qualifications required by the
department, end insert but are exempt from the vendorization requirements
set forth in Title 17 of the California Code of Regulations when
serving participants in the Self-Determination begin delete Program, and shall
not be on the federal debarment list end delete begin insert Program end insert .

begin delete

(w) (1) A participant may request, at no charge to the participant
or the regional center, criminal history background checks for
persons seeking employment as a provider of services and supports
to the participant. The criminal history record checks pursuant to
this subdivision shall be performed and administered as described
in subdivision (b) of Section 4689.2. The department may enter
into a written agreement with the Department of Justice to
implement this subdivision.

(2) Upon receipt of information relating to the criminal history
background check, the department shall do one of the following:

(A) Advise the participant that the person seeking employment
declined to allow any information to be reported.

(B) With the consent of the person who is seeking employment,
provide the participant with a copy of the criminal history
background check.

end delete begin insert

(w) To protect the health and safety of participants in the
Self-Determination Program, the department shall require a
criminal background check in accordance with all of the following:

end insert begin insert

(1) The department shall issue a program directive that identifies
nonvendored providers of services and supports who shall obtain
a criminal background check pursuant to this subdivision. At a
minimum these staff shall include both of the following:

end insert begin insert

(A) Individuals who provide direct personal care services to a
participant.

end insert begin insert

(B) Other nonvendored providers of services and supports for
whom a criminal background check is requested by a participant
or the participant’s financial management service.

end insert begin insert

(2) Notwithstanding paragraph (1), a criminal background
check is not required pursuant to this subdivision if the provider
of services and supports is able to provide in a form that is
satisfactory to the department a recent criminal background history
or other written document verifying that no criminal history has
been recorded, and the department is able to receive subsequent
criminal history information about the individual.

end insert begin insert

(3) The criminal background check shall be performed and
administered consistent with the requirements of subdivision (b)
of, and subdivisions (d) to (h), inclusive, of, Section 4689.2, and
of Section 4689.6.

end insert begin insert

(4) The financial management service, as the vendored agency,
shall submit the fingerprints of any provider of services and
supports who is required to obtain a criminal background check
to the Department of Justice not later than four calendar days
following employment. The costs of the fingerprints and the
financial management service’s administrative cost authorized by
the department shall be paid by the services and supports provider
or his or her employing agency. Any administrative costs incurred
by the department pursuant to this subdivision shall be offset by
the funds specified in subdivision (g).

end insert begin insert

(5) The Department of Justice shall provide a criminal
background check to the department and the financial management
service as required by paragraph (2) of subdivision (d) of Section
4689.2.

end insert begin insert

(6) Upon receipt of the criminal record information report
showing no criminal history, the financial management service
shall advise the participant of that fact.

end insert begin insert

(7) If the criminal record information report shows a criminal
history, the department shall take the steps specified in Section
4689.2. The department may prohibit a provider of services and
supports from becoming employed, or continuing to be employed,
based on the criminal background check, as authorized in Section
4689.6. The provider of services and supports who has been denied
employment shall have the rights set forth in Section 4689.6.

end insert begin insert

(8) The department may permit a provider of services and
supports to transfer a current criminal record clearance from one
financial management service or participant to another, as long
as the criminal record clearance has been processed through the
department.

end insert begin insert

(9) Consistent with subdivision (h) of Section 4689.2, the
participant or financial management service that denies or
terminates employment based on written notification from the
department shall not incur civil liability or unemployment
insurance liability.

end insert

(x) To ensure the effective implementation of the
Self-Determination Program and facilitate the sharing of best
practices and training materials commencing with the
implementation of the Self-Determination Program, local and
statewide advisory committees shall be established as follows:

(1) Each regional center shall establish a local volunteer advisory
committee to provide oversight of the Self-Determination Program.
The regional center and the area board shall each appoint one-half
of the membership of the committee. The committee shall consist
of the regional center clients’ rights advocate, consumers, family
members, and other advocates, and community leaders. A majority
of the committee shall be consumers and their family members.
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 Program, including whether the program
advances the principles of self-determination and is operating
consistent with the requirements of this section, and may make
ongoing recommendations for improvement to the regional center
and the department.

(2) The State Council on Developmental Disabilities shall form
a volunteer committee, to be known as the Statewide
Self-Determination Advisory Committee, comprised of the chairs
of the 21 local advisory committees or their designees. The council
shall convene the Statewide Self-Determination Advisory
Committee begin delete at least semiannually end delete begin insert twice annually, or more frequently
in the sole discretion of the council. The Statewide
Self-Determination Advisory Committee shall meet end insert by
teleconference or other means established by the council, to identify
self-determination best practices, effective consumer and family
training materials, implementation concerns, systemic issues, begin delete and end delete
ways to enhance the program begin insert , and recommendations regarding
the most effective method for participants to learn of individuals
who are available to provide services and supports end insert . The council
shall synthesize information received from the Statewide
Self-Determination Advisory Committee, local advisory
committees, and other sources, shall share the information with
consumers, families, regional centers and the department, and shall
make recommendations, as appropriate, to increase the program’s
effectiveness in furthering the principles of self-determination.

(y) Commencing January 10, begin delete 2016, end delete begin insert 2017, end insert the department shall
annually provide the following information to the appropriate
policy and fiscal committees of the Legislature:

(1) Number and characteristics of participants, by regional
center.

(2) Types and begin delete ranking end delete begin insert amount end insert of services and supports
purchased under the Self-Determination Program, by regional
center.

(3) Range and average of individual budget amounts, by regional
center, including adjustments to the budget amounts to address
unanticipated change in circumstances.

(4) The number and outcome of individual budget amount
appeals, by regional center.

(5) The number and outcome of fair hearing appeals, by regional
center.

(6) The number of participants who voluntarily withdraw from
the Self-Determination Program and a summary of the reasons
why, by regional center.

(7) The number of participants who are subsequently determined
to no longer be eligible for the Self-Determination Program and a
summary of the reasons why, by regional center.

(z)  begin insert (1) end insert begin insert   end insert The State Council on Developmental Disabilities, in
collaboration with the protection and advocacy agency identified
in Section 4900 and the federally funded University Centers for
Excellence in Developmental Disabilities Education, Research,
and Service, may work with regional centers to survey participants
regarding participant satisfaction under the Self-Determination
Program, and, when data is available, the traditional service
delivery system, including the proportion of participants who report
that their choices and decisions are respected and supported and
who report that they are able to recruit and hire qualified service
providers, and to identify barriers to participation and
recommendations for improvement. begin delete The end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert council shall issue a report to the Legislature, in
compliance with Section 9795 of the Government Code, no later
than three years following the approval of the federal funding on
the status of the Self-Determination Program authorized by this
section, and provide recommendations to enhance the effectiveness
of the program. This review shall include the program’s
effectiveness in furthering the principles of self-determination,
including all of the following:

begin delete

(1)

end delete

begin insert (A) end insert  Freedom, which includes the ability of adults with
developmental disabilities to exercise the same rights as all citizens;
to establish, with freely chosen supporters, family and friends,
where they want to live, with whom they want to live, how their
time will be occupied, and who supports them; and, for families,
to have the freedom to receive unbiased assistance of their own
choosing when developing a plan and to select all personnel and
supports to further the life goals of a minor child.

begin delete

(2)

end delete

begin insert (B) end insert  Authority, which includes the ability of a person with a
disability, or family, to control a certain sum of dollars in order to
purchase services and supports of their choosing.

begin delete

(3)

end delete

begin insert (C) end insert  Support, which includes the ability to arrange resources and
personnel, both formal and informal, that will assist a person with
a disability to live a life in his or her community that is rich in
community participation and contributions.

begin delete

(4)

end delete

begin insert (D) end insert  Responsibility, which includes the ability of participants to
take responsibility for decisions in their own lives and to be
accountable for the use of public dollars, and to accept a valued
role in their community through, for example, competitive
employment, organizational affiliations, spiritual development,
and general caring of others in their community.

begin delete

(5)

end delete

begin insert (E) end insert  Confirmation, which includes confirmation of the critical
role of participants and their families in making decisions in their
own lives and designing and operating the system that they rely
on.