BILL NUMBER: SB 468 AMENDED
BILL TEXT
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
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 budget amount,
budget, 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, initially serving up to 2,500
regional center consumers during the phase-in period , and
thereafter would be thereafter,
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 budget amount, budget, 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
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. budget. The bill would require the
department to require nonvendored providers of services and supports
who meet specified criteria to submit to a
criminal background check, as specified. 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 January 10, 2016,
January 10, 2017, 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 a
self-determination pilot project. That pilot project was
projects. Those pilot projects were continued by
the Legislature in 2002 and 2003. However, the pilot
project was projects were only available at
five three regional centers
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, and the number of individuals
served by the local self-determination pilot programs
projects remains small,
small at about 200 140 regional
center consumers.
(b) As reflected in the State Department of Developmental Services
2002 Report to the Legislature, the pilot project remains
projects remain an innovative, cost
effective, 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 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 help promote
access to needed services for these consumers and their families.
(e) The intent of this act is to allow
This act allows for voluntary participation in the
Self-Determination Program while ensuring that the program
is available to all consumers regardless of geographic location,
economic or educational background, or race or ethnicity, and
ensuring in all 21 regional centers and ensures
cost-neutrality and 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 the
Self-Determination Program and the achievement of consumer outcomes.
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.
(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.
(f)
(g) 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 budget
amount, budget, 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,
initially serving and during this phase-in
period, shall serve up to 2,500 regional center consumers,
inclusive of the remaining participants in the self-determination
pilot project projects authorized
pursuant to Section 13 of Chapter 1043 of the Statutes of 1998, as
amended, and thereafter and Article 4
(commencing with Section 4669.2) of Chapter 5. Following the phase-in
period, the program 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
ensure the following: do both of the
following:
(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.
(2) Ensure all of the following:
(1) The program is cost neutral in the aggregate.
(2) A statewide method of administration and determining
comparable services.
(3)
(A) Oversight of expenditure of self-determined funds
and the achievement of consumer participant
outcomes over time.
(4)
(B) Increased consumer and family
participant 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.
(5)
(C) Comprehensive person-centered planning, including
an individual budget and services that are outcome based.
(6)
(D) Consumer and family training to ensure
understanding of the principles of self-determination, the planning
process, and the management of budgets, services, and staff.
(7)
(E) 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.
(8)
(F) Innovation that will more effectively allow
consumers participants 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 include, but are not limited
to, include 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, assisting the participant in verifying vendor
qualifications, including criminal background checks, 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 , except for the cost of obtaining the
criminal background check specified in subdivision (w) .
(2) "Independent facilitator" means a
conflict-of-interest-free person, selected and directed by
the participant, who may assist 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 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 costs cost of the
independent facilitator , if any, 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 , the person-centered planning process,
and the other responsibilities described in this
paragraph at his or her own cost.
(3) "Individual budget amount" budget
" means the amount of regional center purchase
of service funding available to the participant for the
purchase of services and supports necessary to implement the IPP. The
individual budget amount 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 all or some of
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 provided pursuant to this division
that the federal Centers for Medicare and Medicaid Services
has determined determines are eligible for
federal financial participation.
(d) Participation in the Self-Determination Program is fully
voluntary. A consumer participant may
choose to participate in, and may choose to leave, the
Self-Determination Program at any time. A regional center
may shall 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:
(1) The participant is three years of age or older.
(2)
(1) The participant has a developmental disability, as
defined in Section 4512 and is receiving, or is eligible to
receive, services pursuant to this division .
(3)
(2) The participant consumer
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 eligible for the
California Community Transitions Project. reasonably
expected to transition to the community within 90 days. In that
case, the regional center shall initiate person-centered planning
services within 60 days of that request.
(4)
(3) 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 agree to 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 agree to
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 the his or her
individual budget amount. budget.
(E) The participant shall utilize the services of a
conflict-of-interest-free 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 a
conflict-of-interest-free an 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 a his or her
regional center service coordinator of his or her choosing
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
the a self-determination pilot programs
project 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, 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 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. 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:
(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.
(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.
(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
may shall not return to the program for
at least 12 months. 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).
(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 , 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
.
(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 amount
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
amount 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).
(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.
(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:
(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.
(ii) An adjustment may be made to the amount specified in clause
(i) if both of the following occur:
(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.
(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.
(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.
(B) For a participant who is not a current consumer of the
regional center, his or her individual budget shall be calculated as
follows:
(i) The IPP team shall identify the services and supports needed
by the participant and available resources, as required by Section
4646.
(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.
(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.
(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).
(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.
(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.
(p)
(o) Annually, participants may transfer up to 10
percent of the funds originally distributed to any budget category
set forth in subdivision (o) paragraph (3) of
subdivision (n) 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. Regional centers or
the IPP team may only deny a transfer if necessary to protect the
health and safety of the participant.
(q)
(p) Consistent with the implementation date of the IPP,
the IPP team shall annually ascertain from the participant whether
there are any circumstances or needs that require a change
to the annual individual budget amount.
budget. Based on that review, the IPP team shall calculate a
new individual budget amount consistent with the
methodology identified in subdivision (n).
(r)
(q) (1) On or before December 31,
2014, the department shall apply for federal Medicaid funding for
the Self-Determination Program by applying
doing one or more of the following:
(A) Applying for a state plan
amendment, amendment.
(B) Applying for an amendment to
a current home- and community-based waiver for individuals with
developmental disabilities, for a new waiver, or by seeking
to maximize federal financial participation through other means.
Contingent disabilities.
(C) Applying for a new waiver.
(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.
(3) Contingent upon approval of
federal funding, the Self-Determination Program shall be established.
The department shall adopt regulations to implement the
procedures set forth in this section.
(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.
(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.
(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 all both 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.
(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.
(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 budget amount.
budget.
(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
and support providers shall not be on the federal
debarment list and shall have applicable state licenses,
certifications, or other state required documentation, including
documentation of any other qualifications required by the
department, 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 Program, and
shall not be on the federal debarment list Program
.
(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.
(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:
(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:
(A) Individuals who provide direct personal care services to a
participant.
(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.
(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.
(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.
(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).
(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.
(6) Upon receipt of the criminal record information report showing
no criminal history, the financial management service shall advise
the participant of that fact.
(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.
(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.
(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.
(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 at least
semiannually twice annually, or more frequently in the
sole discretion of the council. The Statewide Self-Determination
Advisory Committee shall meet 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, and ways
to enhance the program , and recommendations
regarding the most effective method for participants to learn of
individuals who are available to provide services and supports
. 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, 2016, 2017,
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 ranking amount 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) (1) 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. The
(2) The 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:
(1)
(A) 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.
(2)
(B) 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.
(3)
(C) 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.
(4)
(D) 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.
(5)
(E) 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.