BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 468
                                                                  Page  1

          Date of Hearing:   August 30, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

             SB 468 (Emmerson and Beall) - As Amended:  August 21, 2013 

          Policy Committee:                             Human  
          ServicesVote:7 - 0 

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill requires the Department of Developmental Services  
          (DDS) to establish a Self-Determination (SD) Program, which  
          would allow regional center consumers to use an individual  
          budget to purchase services and supports at the consumer's  
          direction. Specifically, this bill: 

          1)Requires the Department of Developmental Services (DDS) to  
            implement a statewide Self-Determination Program that would  
            provide a participant and his or her family an individual  
            budget to maximize choice and flexibility in services provided  
            to implement the participant's individual program plan (IPP).

          2)Phases in the statewide Self-Determination Program over three  
            years, initially serving up to 2,500 regional center  
            consumers, which includes the remaining participants in the  
            self-determination pilot project authorized pursuant to  
            Section 13 of Chapter 1043 of the Statutes of 1998.

          3)Requires DDS to ensure that the Self-Determination Program is  
            cost neutral in the aggregate and improves consumer outcomes  
            over time through increasing consumer and family control over  
            services.

          4)Requires regional centers to establish an individual budget  
            for each consumer that would be no more than the consumer  
            would receive through the regular service model.

          5)Allows consumers to require that perspective providers undergo  
            criminal background checks and requires that the Department of  
            Justice costs associated with those checks be borne by the  








                                                                  SB 468
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            provider. 

          6)Defines self-determination as 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 and promote inclusion in the  
            community, as specified.

           FISCAL EFFECT  

          1)One-time GF costs potentially in excess of several hundred  
            thousand dollars for the workload associated with creating the  
            new SD program.

          2)On-going costs of $1.3 million for DDS to administer and  
            process the required background checks for providers. 

          3)On-going costs of up to $2 million for the Regional Centers  
            for outreach, training, and administration of the SD program. 

          4)Annual savings of approximately $2.75 million GF from shifting  
            the current pilot project participants to the new statewide  
            program which is eligible for 50% federal funding.  The  
            current pilot project costs over $5 million GF per year. 

          5)Language in the bill requires that the program be implemented  
            in a way that is cost-neutral to the state. 

           COMMENTS  

           1)Purpose  . The author states this bill is intended to increase  
            choices of services for families of consumers with  
            developmental disabilities to allow them to have more control  
            and flexibility in their service plans.  This is important, he  
            argues, because due to recent budget constraints and lack of  
            funding, many types of effective services have been cut.  This  
            bill creates a Self-Determination Program, which will allow  
            the consumer and parents to create a service plan that is more  
            beneficial to the individual receiving the services.

           2)California's Developmental Services System  . The Department of  
            Developmental Services is responsible for coordinating  
            services and supports for about 250,000 people with  
            developmental disabilities. The vast majority of these people  








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            are served by 21 regional centers, which are non-profit  
            entities that contract with the state. 

            In addition, the state's four Developmental Centers (Fairview,  
            Lanterman, Porterville, and Sonoma) and one smaller, community  
            facility (Canyon Springs) provide 24-hour care to about 2,000  
            individuals with developmental disabilities. The DCs provide a  
            full range of care, including medical and recreational  
            services.

            Under current practice, regional center staff (in consultation  
            with consumers and their families) develop an Individual  
            Program Plan for each consumer. The Individual Program Plan  
            lays out the services and supports that the consumer is  
            entitled to, based on his or her individual needs. The  
            regional centers then work with outside vendors to arrange for  
            the provision of those services and supports.
           
          3)Self-Determination Pilot Projects  . SB 1038 (Thompson; Chapter  
            1043, Statutes of 1998) authorized the planning and  
            implementation of self-determination pilot projects at three  
            RCs:  East Los Angeles Regional Center, Tri-Counties Regional  
            Center, and Redwood Coast Regional Center.  Two other regional  
            centers (Kern Regional Center and San Diego Regional Center)  
            also created independent self-determination pilots through  
            approval of alternative service delivery models pursuant to  
            W&I Code Section 4669.2.  The pilot programs, which vary  
            somewhat among the five participating RCs, were limited to a  
            total of approximately 140 consumers.  These  
            self-determination pilot programs are ongoing and, reportedly,  
            successful, with a high level of participant satisfaction.

           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081