Amended in Assembly September 6, 2013

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 BillNo. 468


Introduced by Senators Emmerson and Beall

(begin deleteCoauthor: end deletebegin insertCoauthors: end insertAssemblybegin delete Memberend deletebegin insert Members Chesbro andend insert 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, 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, serving up to 2,500 regional center consumers during the phase-in period, and 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, 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. 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.begin insert The bill would require the department, with respect to this background check, to submit fingerprint images and related information to the Department of Justice, and would require the Department of Justice to provide specified responses to the department. The bill would require the Department of Justice to charge a fee sufficient to cover the cost of processing this request.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 Disabilitiesbegin insert, in collaboration with specified entities,end insert 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, 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:

P3    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) In 1998, the Legislature expanded the Lanterman
4Developmental Disabilities Services Act to include
5self-determination pilot projects. Those pilot projects were
6continued by the Legislature in 2002 and 2003. However, the pilot
7projects were only available at three regional centers pursuant to
8Section 13 of Chapter 1043 of the Statutes of 1998, as amended,
9and two additional regional centers pursuant to Article 4
10(commencing with Section 4669.2) of Chapter 5 of Division 4.5
11of the Welfare and Institutions Code, and the number of individuals
12served by the local self-determination pilot projects remains small
13at about 140 regional center consumers.

14(b) As reflected in the State Department of Developmental
15Services 2002 Report to the Legislature, the pilot projects remain
16an innovative, cost-effective, and successful way of providing
17services to regional center consumers and their families. The
18findings in the report show that self-determination pilot project
19participants were happy and experienced more freedom and
20responsibility in controlling the direction of their services and life
21choices, and the project was cost neutral in the aggregate. The
22report also found that good self-determination requires intensive
23person-centered planning, collaboration, and follow-along services
24and supports.

25(c) Most other states have self-directed or self-determination
26services as a model for providing services. Many California
27consumers and families have asked for a statewide expansion of
28the pilot project believing it will do the following: increase
29innovative and effective services, eliminate bureaucracy, and
30increase choices for consumers and parents, thereby allowing them
31to increase their control of services and supports by easily
32navigating increasingly complex service systems.

P4    1(d) Consumers in traditionally underserved linguistic, cultural,
2socioeconomic, and ethnic communities have unique challenges
3in accessing needed regional center services that have been
4impacted by service limitations imposed as a response to
5California’s recent budget shortfalls. This is particularly true for
6consumers living at home with a parent or guardian. The
7Self-Determination Program offers increased service flexibility,
8which will help promote access to needed services for these
9consumers and their families.

10(e) This act allows for voluntary participation in the
11Self-Determination Program in all 21 regional centers and ensures
12 cost-neutrality and a consistent statewide method of administration.
13The intent of this act is to ensure that the program is available to
14all consumers regardless of geographic location, economic or
15educational background, or race or ethnicity.

16(f) To ensure these outcomes are achieved, it is the intent of the
17Legislature that the State Department of Developmental Services
18and regional centers be responsible for oversight and monitoring
19of funds used for the Self-Determination Program and the
20achievement of consumer outcomes.

21(g) In addition, the intent of this act is that the
22Self-Determination Program be phased in over a three-year period
23and that the program will continue to be available to all consumers
24as an option after the initial phase-in period ends.

25

SEC. 2.  

Section 4685.8 is added to the Welfare and Institutions
26Code
, to read:

27

4685.8.  

(a) The department shall implement a statewide
28Self-Determination Program. The Self-Determination Program
29shall be available in every regional center catchment area to provide
30participants and their families, within an individual budget,
31increased flexibility and choice, and greater control over decisions,
32resources, and needed and desired services and supports to
33implement their IPP. The statewide Self-Determination Program
34shall be phased in over three years, and during this phase-in period,
35shall serve up to 2,500 regional center consumers, inclusive of the
36remaining participants in the self-determination pilot projects
37authorized pursuant to Section 13 of Chapter 1043 of the Statutes
38of 1998, as amended, and Article 4 (commencing with Section
394669.2) of Chapter 5. Following the phase-in period, the program
40shall be available on a voluntary basis to all regional center
P5    1consumers who are eligible for the Self-Determination Program.
2The program shall be available to individuals who reflect the
3disability, ethnic, and geographic diversity of the state.

4(b) The department in establishing the statewide program shall
5do both of the following:

6(1) For the first three years of the Self-Determination Program,
7determine, as part of the contracting process described in Sections
84620 and 4629, the number of participants each regional center
9shall serve in its Self-Determination Program. To ensure that the
10program is available on an equitable basis to participants in all
11regional center catchment areas, the number of Self-Determination
12Program participants in each regional center shall be based on the
13relative percentage of total consumers served by the regional
14centers minus any remaining participants in the self-determination
15pilot projects authorized pursuant to Section 13 of Chapter 1043
16of the Statutes of 1998, as amended, and Article 4 (commencing
17with Section 4669.2) of Chapter 5begin insert or another equitable basisend insert.

18(2) Ensure all of the following:

19(A) Oversight of expenditure of self-determined funds and the
20achievement of participant outcomes over time.

21(B) Increased participant control over which services and
22supports best meet their needs and the IPP objectives. A
23participant’s unique support system may include the purchase of
24existing service offerings from service providers or local
25businesses, hiring his or her own support workers, or negotiating
26unique service arrangements with local community resources.

27(C) Comprehensive person-centered planning, including an
28individual budget and services that are outcome based.

29(D) Consumer and family training to ensure understanding of
30the principles of self-determination, the planning process, and the
31management of budgets, services, and staff.

32(E) Choice of independent facilitators who can assist with the
33person-centered planning process and choice of financial
34management services providers vendored by regional centers who
35can assist with payments and provide employee-related services.

36(F) Innovation that will more effectively allow participants to
37achieve their goals.

38(c) For purposes of this section, the following definitions shall
39apply:

P6    1(1) “Financial management services” means services or
2functions that assist the participant to manage and direct the
3distribution of funds contained in the individual budget, and ensure
4that the participant has the financial resources to implement his or
5her IPP throughout the year. These may include bill paying services
6and activities that facilitate the employment of service and support
7workers by the participant, including, but not limited to, fiscal
8accounting, tax withholding, compliance with relevant state and
9federal employment laws, assisting the participant in verifying
10begin delete vendorend deletebegin insert providerend insert qualifications, including criminal background
11checks, and expenditure reports. The financial management services
12provider shall meet the requirements of Sections 58884, 58886,
13and 58887 of Title 17 of the California Code of Regulations and
14other specific qualifications established by the department. The
15costs of financial management services shall be paid by the
16participant out of his or her individual budget, except for the cost
17of obtaining the criminal background check specified in subdivision
18(w).

19(2) “Independent facilitator” means a person, selected and
20directed by the participant, who is not otherwise providing services
21to the participant pursuant to his or her IPP and is not employed
22by a person providing services to the participant. The independent
23facilitator may assist the participant in making informed decisions
24about the individual budget, and in locating, accessing, and
25coordinating services and supports consistent with the participant’s
26IPP. He or she is available to assist in identifying immediate and
27long-term needs, developing options to meet those needs, leading,
28participating, or advocating on behalf of the participant in the
29person-centered planning process and development of the IPP, and
30obtaining identified services and supports. The cost of the
31independent facilitator, if any, shall be paid by the participant out
32of his or her individual budget. An independent facilitator shall
33receive training in the principles of self-determination, the
34person-centered planning process, and the other responsibilities
35described in this paragraph at his or her own cost.

36(3) “Individual budget” means the amount of regional center
37purchase of service funding available to the participant for the
38purchase of services and supports necessary to implement the IPP.
39The individual budget shall be determined using a fair, equitable,
40and transparent methodology.

P7    1(4) “IPP” means individual program plan, as described in Section
24646.

3(5) “Participant” means an individual, and when appropriate,
4his or her parents, legal guardian or conservator, or authorized
5representative, who has been deemed eligible for, and has
6voluntarily agreed to participate in, the Self-Determination
7Program.

8(6) “Self-determination” means a voluntary delivery system
9consisting of a defined and comprehensive mix of services and
10supports, selected and directed by a participant through
11person-centered planning, in order to meet the objectives in his or
12her IPP. Self-determination services and supports are designed to
13assist the participant to achieve personally defined outcomes in
14community settings that promote inclusion. The Self-Determination
15Program shall only fund services and supports provided pursuant
16to this division that the federal Centers for Medicare and Medicaid
17Services determines are eligible for federal financial participation.

18(d) Participation in the Self-Determination Program is fully
19voluntary. A participant may choose to participate in, and may
20choose to leave, the Self-Determination Program at any time. A
21regional center shall not require or prohibit participation in the
22Self-Determination Program as a condition of eligibility for, or
23the delivery of, services and supports otherwise available under
24this division. Participation in the Self-Determination Program shall
25be available to any regional center consumer who meets the
26following eligibility requirements:

27(1) The participant has a developmental disability, as defined
28in Section 4512 and isbegin delete receiving, or is eligible to receive,end deletebegin insert receivingend insert
29 services pursuant to this division.

30(2) The consumer does not live in a licensed long-term health
31care facility, as defined in paragraph (44) of subdivision (a) of
32Section 54302 of Title 17 of the California Code of Regulations.
33An individual, and when appropriate his or her parent, legal
34guardian or conservator, or authorized representative, who is not
35eligible to participate in the Self-Determination Program pursuant
36to this paragraph may request that the regional center provide
37person-centered planning services in order to make arrangements
38for transition to the Self-Determination Program, provided that he
39or she is reasonably expected to transition to the community within
P8    190 days. In that case, the regional center shall initiate
2person-centered planning services within 60 days of that request.

3(3) The participant agrees to all of the following terms and
4conditions:

5(A) The participant shall receive an orientation to the
6Self-Determination Program prior to enrollment, which includes
7the principles of self-determination, the role of the independent
8facilitator and the financial management services provider,
9person-centered planning, and development of a budget.

10(B) The participant shall utilize the services and supports
11available within the Self-Determination Program only when generic
12services and supports are not available.

13(C) The participant shall only purchase services and supports
14necessary to implement his or her IPP and shall comply with any
15and all other terms and conditions for participation in the
16Self-Determination Program described in this section.

17(D) The participant shall manage Self-Determination Program
18services and supports within his or her individual budget.

19(E) The participant shall utilize the services of a financial
20management services provider of his or her own choosing and who
21is vendored by a regional center.

22(F) The participant may utilize the services of an independent
23facilitator of his or her own choosing for the purpose of providing
24services and functions as described in paragraph (2) of subdivision
25(c). If the participant elects not to use an independent facilitator,
26he or she may use his or her regional center service coordinator to
27provide the services and functions described in paragraph (2) of
28subdivision (c).

29(e) A participant who is not Medi-Cal eligible may participate
30in the Self-Determination Program and receive self-determination
31services and supports if all other program eligibility requirements
32are met and the services and supports are otherwise eligible for
33federal financial participation.

34(f) An individual receiving services and supports under a
35self-determination pilot project authorized pursuant to Section 13
36of Chapter 1043 of the Statutes of 1998, as amended, or pursuant
37to Article 4 (commencing with Section 4669.2) of Chapter 5, may
38elect to continue to receive self-determination services and supports
39pursuant to this section or the regional center shall provide for the
40participant’s transition from the self-determination pilot program
P9    1to other services and supports. This transition shall include the
2development of a new IPP that reflects the services and supports
3necessary to meet the individual’s needs. The regional center shall
4ensure that there is no gap in services and supports during the
5transition period.

6(g) The additional federal financial participation funds generated
7by the former participants of the self-determination pilot projects
8authorized pursuant to Section 13 of Chapter 1043 of the Statutes
9of 1998, as amended, or pursuant to Article 4 (commencing with
10Section 4669.2) of Chapter 5, shall be used as follows:

11(1) First, to offset the cost to the department for the criminal
12background check conducted pursuant to subdivision (w), and
13other administrative costs incurred by the department in
14implementing the Self-Determination Program.

15(2) Withbegin delete anyend deletebegin insert theend insert remaining funds, to offset thebegin delete administrativeend delete
16 costs to the regional centers in implementing the
17Self-Determination Program, including, but not limited to,
18begin insert operations costs forend insert caseload ratio enhancement, training for
19begin delete consumers, family members, andend delete regional center staff, costs
20associated with the participant’s initial person-centered planning
21meeting,begin delete andend delete the development of the participant’s initial individual
22begin delete budgetend deletebegin insert budget, and the costs associated with training consumers
23and family membersend insert
.

24(h) If at any time during participation in the Self-Determination
25Program a regional center determines that a participant is no longer
26eligible to continue in, or a participant voluntarily chooses to exit,
27the Self-Determination Program, the regional center shall provide
28for the participant’s transition from the Self-Determination Program
29to other services and supports. This transition shall include the
30development of a new IPP that reflects the services and supports
31necessary to meet the individual’s needs. The regional center shall
32ensure that there is no gap in services and supports during the
33transition period.

34(i) An individual determined to be ineligible for or who
35voluntarily exits the Self-Determination Program shall be permitted
36to return to the Self-Determination Program upon meeting all
37applicable eligibility criteria and upon approval of the participant’s
38planning team, as described in subdivision (j) of Section 4512. An
39individual who has voluntarily exited the Self-Determination
40Program shall not return to the program for at least 12 months.
P10   1During the first three years of the program, the individual’s right
2to return to the program is conditioned on his or her regional center
3not having reached the participant cap imposed bybegin delete subdivision (a)end delete
4begin insert paragraph (1) of subdivision (b)end insert.

5(j) An individual who participates in the Self-Determination
6Program may elect to continue to receive self-determination
7services and supports if he or she transfers to another regional
8center catchment area, provided that he or she remains eligible for
9the Self-Determination Program pursuant to subdivision (d). The
10balance of the participant’s individual budget shall be reallocated
11to the regional center to which he or she transfers.

12(k) The IPP team shall utilize the person-centered planning
13process to develop the IPP for a participant. The IPP shall detail
14the goals and objectives of the participant that are to be met through
15the purchase of participant-selected services and supports. The
16IPP team shall determine the individual budget to ensure the budget
17begin delete amountend delete assists the participant to achieve the outcomes set forth in
18his or her IPP and ensures his or her health and safety. The
19completed individual budget shall be attached to the IPP.

20(l) The participant shall implement his or her IPP, including
21choosing and purchasing the services and supports allowable under
22this section necessary to implement the plan. A participant is
23exempt from the cost control restrictions regarding the purchases
24of services and supports pursuant to Sections 4648.5 and 4686.5.
25A regional center shall not prohibit the purchase of any service or
26support that is otherwise allowable under this section.

27(m) A participant shall have all the rights established in Sections
284646 to 4646.6, inclusive, and Chapter 7 (commencing with Section
294700).

30(n) (1) Except as provided in paragraph (4), the IPP team shall
31determine the initial and any revised individual budget for the
32participant using the following methodology:

33(A) (i) Except as specified in clause (ii), for a participant who
34is a current consumer of the regional center, his or her individual
35budget shall be the total amount of the most recently available 12
36months of purchase of service expenditures for the participant.

37(ii) An adjustment may be made to the amount specified in
38clause (i) if both of the following occur:

begin delete

39(aa)

end delete

P11   1begin insert(I)end insert The IPP team determines that an adjustment to this amount
2is necessary due to a change in the participant’s circumstances,
3needs, or resources that would result in an increase or decrease in
4purchase of service expenditures, or the IPP team identifies prior
5needs or resources that were unaddressed in the IPP, which would
6have resulted in an increase or decrease in purchase of service
7expenditures.

begin delete

8(ab)

end delete

9begin insert(II)end insert The regional center certifies on the individual budget
10document that regional center expenditures for the individual
11budget, including any adjustment, would have occurred regardless
12of the individual’s participation in the Self-Determination Program.

13(iii) For purposes of clauses (i) and (ii), thebegin insert amount of theend insert
14 individual budget shall not be increased to cover the cost of the
15independent facilitator or the financial management services.

16(B) For a participant who isbegin delete not a current consumer of the
17regional centerend delete
begin insert either newly eligible for regional center services
18or who does not have 12 months of purchase service expendituresend insert
,
19his or her individual budget shall be calculated as follows:

20(i) The IPP team shall identify the services and supports needed
21by the participant and available resources, as required by Section
224646.

23(ii) The regional center shall calculate the cost of providing the
24services and supports to be purchased by the regional center by
25using the average cost paid by the regional center for each service
26or support unless the regional center determines that the consumer
27has a unique need that requires a higher or lower cost. The regional
28center shall certify on the individual budget document that this
29amount would have been expended using regional center purchase
30of service funds regardless of the individual’s participation in the
31Self-Determination Program.

32(iii) For purposes of clauses (i) and (ii), thebegin insert amount of theend insert
33 individual budgetbegin delete amountend delete shall not be increased to cover the cost
34of the independent facilitator or the financial management services.

35(2) Thebegin insert amount of theend insert individual budgetbegin delete amountend delete shall be
36available to the participant each year for the purchase of program
37services and supports. An individual budget shall be calculated no
38more than once in a 12-month period, unless revised to reflect a
39change in circumstances, needs, or resources of the participant
P12   1using the process specified in clause (ii) of subparagraph (A) of
2paragraph (1).

3(3) The individual budget shall be assigned to uniform budget
4categories developed by the department in consultation with
5stakeholders and distributed according to the timing of the
6anticipated expenditures in the IPP and in a manner that ensures
7that the participant has the financial resources to implement his or
8her IPPbegin insert throughout the yearend insert.

9(4) The department, in consultation with stakeholders, may
10develop alternative methodologies for individual budgets that are
11computed in a fair, transparent, and equitable manner and are based
12on consumer characteristics and needs, and that include a method
13for adjusting individual budgets to address a participant’s change
14in circumstances or needs.

15(o) Annually, participants may transfer up to 10 percent of the
16funds originally distributed to any budget category set forth in
17 paragraph (3) of subdivision (n) to another budget category or
18categories. Transfers in excess of 10 percent of the original amount
19allocated to any budget category may be made upon the approval
20of the regional center or the participant’s IPP team.

21(p) Consistent with the implementation date of the IPP, the IPP
22team shall annually ascertain from the participant whether there
23are any circumstances or needs that require a change to the annual
24individual budget. Based on that review, the IPP team shall
25calculate a new individual budget consistent with the methodology
26identified in subdivision (n).

27(q) (1) On or before December 31, 2014, the department shall
28apply for federal Medicaid funding for the Self-Determination
29Program by doing one or more of the following:

30 (A) Applying for a state plan amendment.

31(B) Applying for an amendment to a current home- and
32community-based waiver for individuals with developmental
33disabilities.

34(C) Applying for a new waiver.

begin insert

35(D) Seeking to maximize federal financial participation through
36other means.

end insert

37(2) To the extent feasible, the state plan amendment, waiver, or
38other federal request described in paragraph (1) shall incorporate
39the eligibility requirements, benefits, and operational requirements
40set forth in this section. Except for the provisions of subdivisions
P13   1(k), (m), (p), and this subdivision, the department may modify
2eligibility requirements, benefits, and operational requirements as
3needed to secure approval ofbegin delete the Medicaid waiverend deletebegin insert federal fundingend insert.

4(3) Contingent upon approval of federal funding, the
5Self-Determination Program shall be established.

6(r) (1) The department, as it determines necessary, may adopt
7regulations to implement the procedures set forth in this section.
8Any regulations shall be adopted in accordance with the
9requirements of Chapter 3.5 (commencing with Section 11340) of
10Part 1 of Division 3 of Title 2 of the Government Code.

11(2) Notwithstanding paragraph (1) and Chapter 3.5 (commencing
12with Section 11340) of Part 1 of Division 3 of Title 2 of the
13Government Code, and only to the extent that all necessary federal
14approvals are obtained, the department, without taking any further
15regulatory action, shall implement, interpret, or make specific this
16section by means of program directives or similar instructions until
17the time regulations are adopted. It is the intent of the Legislature
18that the department be allowed this temporary authority as
19necessary to implement program changes only until completion
20of the regulatory process.

21(s) The department, in consultation with stakeholders, shall
22develop informational materials about the Self-Determination
23Program. The department shall ensure that regional centers are
24trained in the principles of self-determination, the mechanics of
25the Self-Determination Program, and the rights of consumers and
26families as candidates for, and participants in, the
27Self-Determination Program.

28(t) Each regional center shall be responsible for implementing
29the Self-Determination Program as a term of its contract under
30Section 4629. As part of implementing the program, the regional
31center shall do both of the following:

32(1) Contract with local consumer or family-run organizations
33to conduct outreach through local meetings or forums to consumers
34and their families to provide information about the
35Self-Determination Program and to help ensure that the program
36is available to a diverse group of participants, with special outreach
37to underserved communities.

38(2) Collaborate with the local consumer or family-run
39organizations identified in paragraph (1) to jointly conduct training
40about the Self-Determination Program.

P14   1(u) The financial management services provider shall provide
2the participant and the regional center service coordinator with a
3 monthly individual budget statement that describes the amount of
4funds allocated by budget category, the amount spent in the
5previous 30-day period, and the amount of funding that remains
6available under the participant’s individual budget.

7(v) Only the financial management services provider is required
8to apply for vendorization in accordance with Subchapter 2
9(commencing with Section 54300) of Chapter 3 of Title 17 of the
10California Code of Regulations, for the Self-Determination
11Program. All other service and support providers shall not be on
12the federal debarment list and shall have applicable state licenses,
13certifications, or other state required documentation, including
14documentation of any other qualifications required by the
15department, but are exempt from the vendorization requirements
16set forth in Title 17 of the California Code of Regulations when
17serving participants in the Self-Determination Program.

18(w) To protect the health and safety of participants in the
19Self-Determination Program, the department shall require a
20criminal background check in accordance with all of the following:

21(1) The department shall issue a program directive that identifies
22nonvendored providers of services and supports who shall obtain
23a criminal background check pursuant to this subdivision. At a
24minimum these staff shall include both of the following:

25(A) Individuals who provide direct personal care services to a
26participant.

27(B) Other nonvendored providers of services and supports for
28whom a criminal background check is requested by a participant
29or the participant’s financial management service.

begin delete

30(2) Notwithstanding paragraph (1), a criminal background check
31is not required pursuant to this subdivision if the provider of
32services and supports is able to provide in a form that is satisfactory
33to the department a recent criminal background history or other
34written document verifying that no criminal history has been
35recorded, and the department is able to receive subsequent criminal
36history information about the individual.

37(3) The criminal background check shall be performed and
38administered consistent with the requirements of subdivision (b)
39of, and subdivisions (d) to (h), inclusive, of, Section 4689.2, and
40of Section 4689.6.

end delete
begin insert

P15   1(2) Subject to the procedures and requirements of this
2subdivision, the department shall administer criminal background
3checks consistent with the department’s authority and the process
4described in Sections 4689.2 to 4689.6, inclusive.

end insert
begin insert

5(3) The department shall electronically submit to the Department
6of Justice fingerprint images and related information required by
7the Department of Justice of nonvendored providers of services
8and supports, as specified in paragraph (1), for the purposes of
9obtaining information as to the existence and content of a record
10of state or federal convictions and state or federal arrests and also
11information as to the existence and content of a record of state or
12federal arrests for which the Department of Justice establishes
13that the person is free on bail or on his or her recognizance
14pending trial or appeal.

end insert
begin insert

15(4) When received, the Department of Justice shall forward to
16the Federal Bureau of Investigation requests for federal summary
17criminal history information received pursuant to this section. The
18Department of Justice shall review the information returned from
19the Federal Bureau of Investigation and compile and disseminate
20a response to the department.

end insert
begin insert

21(5) The Department of Justice shall provide a state or federal
22response to the department pursuant to paragraph (1) of
23subdivision (p) of Section 11105 of the Penal Code.

end insert
begin insert

24(6) The department shall request from the Department of Justice
25subsequent notification service, as provided pursuant to Section
2611105.2 of the Penal Code, for persons described in paragraph
27(1).

end insert
begin insert

28(7) The Department of Justice shall charge a fee sufficient to
29cover the cost of processing the request described in this
30subdivision.

end insert
begin delete

31(4)

end delete

32begin insert(8)end insert Thebegin delete financial management service, as the vendored agency,
33shall submit theend delete
fingerprints of any provider of services and
34supports who is required to obtain a criminal background check
35begin insert shall be submittedend insert to the Department of Justicebegin delete not later than four
36calendar days followingend delete
begin insert prior toend insert employment. The costs of the
37fingerprints and the financial management service’s administrative
38cost authorized by the department shall be paid by the services
39and supports provider or his or her employing agency. Any
40administrative costs incurred by the department pursuant to this
P16   1subdivision shall be offset by the funds specified in subdivision
2(g).

begin delete

3(5) The Department of Justice shall provide a criminal
4background check to the department and the financial management
5service as required by paragraph (2) of subdivision (d) of Section
64689.2.

end delete
begin delete

7(6) Upon receipt of the criminal record information report
8showing no criminal history, the financial management service
9shall advise the participant of that fact.

end delete
begin delete

10(7)

end delete

11begin insert(9)end insert If the criminal record information report shows a criminal
12history, the department shall take the steps specified in Section
134689.2. The department may prohibit a provider of services and
14supports from becoming employed, or continuing to be employed,
15based on the criminal background check, as authorized in Section
164689.6. The provider of services and supports who has been denied
17employment shall have the rights set forth in Section 4689.6.

begin delete

18(8)

end delete

19begin insert(10)end insert The department maybegin delete permit a provider of services and
20supports to transferend delete
begin insert utilizeend insert a currentbegin insert department-issuedend insert criminal
21record clearancebegin delete from one financial management service or
22participant to anotherend delete
begin insert to enable a provider to serve more than one
23participantend insert
, as long as the criminal record clearance has been
24processed through the departmentbegin insert and no subsequent arrest
25notifications have been received relative to the cleared applicantend insert
.

begin delete

26(9)

end delete

27begin insert(11)end insert Consistent with subdivision (h) of Section 4689.2, the
28participant or financial management service that denies or
29terminates employment based on written notification from the
30department shall not incur civil liability or unemployment insurance
31liability.

32(x) To ensure the effective implementation of the
33Self-Determination Program and facilitate the sharing of best
34practices and training materials commencing with the
35implementation of the Self-Determination Program, local and
36statewide advisory committees shall be established as follows:

37(1) Each regional center shall establish a local volunteer advisory
38committee to provide oversight of the Self-Determination Program.
39The regional center and the area board shall each appoint one-half
40of the membership of the committee. The committee shall consist
P17   1of the regional center clients’ rights advocate, consumers, family
2 members, and other advocates, and community leaders. A majority
3of the committee shall be consumers and their family members.
4The committee shall reflect the multicultural diversity and
5geographic profile of the catchment area. The committee shall
6review the development and ongoing progress of the
7Self-Determination Program, including whether the program
8advances the principles of self-determination and is operating
9consistent with the requirements of this section, and may make
10ongoing recommendations for improvement to the regional center
11and the department.

12(2) The State Council on Developmental Disabilities shall form
13a volunteer committee, to be known as the Statewide
14Self-Determination Advisory Committee, comprised of the chairs
15of the 21 local advisory committees or their designees. The council
16shall convene the Statewide Self-Determination Advisory
17Committee twice annually, or more frequently in the sole discretion
18of the council. The Statewide Self-Determination Advisory
19Committee shall meet by teleconference or other means established
20by the council, to identify self-determination best practices,
21effective consumer and family training materials, implementation
22concerns, systemic issues, ways to enhance the program, and
23recommendations regarding the most effective method for
24participants to learn of individuals who are available to provide
25services and supports. The council shall synthesize information
26received from the Statewide Self-Determination Advisory
27Committee, local advisory committees, and other sources, shall
28share the information with consumers, families, regional centersbegin insert,end insert
29 and the department, and shall make recommendations, as
30appropriate, to increase the program’s effectiveness in furthering
31the principles of self-determination.

32(y) Commencing January 10, 2017, the department shall
33annually provide the following information to the appropriate
34policy and fiscal committees of the Legislature:

35(1) Number and characteristics of participants, by regional
36center.

37(2) Types and amount of services and supports purchased under
38the Self-Determination Program, by regional center.

39(3) Range and average of individualbegin delete budget amountsend deletebegin insert budgetsend insert,
40by regional center, including adjustments to the budgetbegin delete amountsend delete
P18   1 to addressbegin delete unanticipated change in circumstancesend deletebegin insert the adjustments
2permitted in clause (ii) of subparagraph (A) of paragraph (1) of
3subdivision (n)end insert
.

4(4) The number and outcome ofbegin insert appeals concerningend insert individual
5begin delete budget amount appealsend deletebegin insert budgetsend insert, by regional center.

6(5) The number and outcome of fair hearing appeals, by regional
7center.

8(6) The number of participants who voluntarily withdraw from
9the Self-Determination Program and a summary of the reasons
10why, by regional center.

11(7) The number of participants who are subsequently determined
12to no longer be eligible for the Self-Determination Program and a
13summary of the reasons why, by regional center.

14(z) (1) The State Council on Developmental Disabilities, in
15collaboration with the protection and advocacy agency identified
16in Section 4900 and the federally funded University Centers for
17Excellence in Developmental Disabilities Education, Research,
18and Service, may work with regional centers to survey participants
19regarding participant satisfaction under the Self-Determination
20Program, and, when data is available, the traditional service
21delivery system, including the proportion of participants who report
22that their choices and decisions are respected and supported and
23who report that they are able to recruit and hire qualified service
24providers, and to identify barriers to participation and
25recommendations for improvement.

26(2) The councilbegin insert, in collaboration with the protection and
27advocacy agency identified in Section 4900 and the federally
28funded University Centers for Excellence in Developmental
29Disabilities Education, Research, and Service,end insert
shall issue a report
30to the Legislature, in compliance with Section 9795 of the
31Government Code, no later than three years following the approval
32of the federal funding on the status of the Self-Determination
33Program authorized by this section, and provide recommendations
34to enhance the effectiveness of the program. This review shall
35include the program’s effectiveness in furthering the principles of
36self-determination, including all of the following:

37(A) Freedom, which includes the ability of adults with
38developmental disabilities to exercise the same rights as all citizens;
39to establish, with freely chosen supporters, family and friends,
40where they want to live, with whom they want to live, how their
P19   1time will be occupied, and who supports them; and, for families,
2to have the freedom to receive unbiased assistance of their own
3choosing when developing a plan and to select all personnel and
4supports to further the life goals of a minor child.

5(B) Authority, which includes the ability of a person with a
6disability, or family, to control a certain sum of dollars in order to
7purchase services and supports of their choosing.

8(C) Support, which includes the ability to arrange resources and
9personnel, both formal and informal, that will assist a person with
10a disability to live a life in his or her community that is rich in
11community participation and contributions.

12(D) Responsibility, which includes the ability of participants to
13take responsibility for decisions in their own lives and to be
14accountable for the use of public dollars, and to accept a valued
15role in their community through, for example, competitive
16employment, organizational affiliations, spiritual development,
17and general caring of others in their community.

18(E) Confirmation, which includes confirmation of the critical
19role of participants and their families in making decisions in their
20own lives and designing and operating the system that they rely
21 on.



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