SB 579, as amended, Berryhill. Developmental services: Commission on Oversight Efficiency and Quality Enhancement Models.
The Lanterman Developmental Disabilities Services Act authorizes the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities. The services and supports to be provided to a regional center consumer are contained in an individual program plan, developed in accordance with prescribed requirements.
The California Community Care Facilities Act provides for the licensure and regulation of community care facilities, including residential facilities, adult day programs, small family homes, and group homes, by the State Department of Social Services.
Existing law requires the State Department of Public Health to license and regulate various types of health facilities, and requires the State Department of Public Health and the State Department of Developmental Services to jointly develop and implement licensing regulations appropriate for intermediate care facilities/developmentally disabled-nursing and intermediate care facility/developmentally disabled-continuous nursing.
This bill would establish the Commission on Oversight Efficiency and Quality Enhancement Models to investigate methods of implementing a unified and consistent oversight and quality enhancement process that ensures the welfare, community participation, health, and safety of individuals with developmental disabilities who are served in programs licensed by the Community Care Licensing Division of the State Department of Social Services. The bill would require the process to also enhance accountability and quality review processes for the services directly provided by regional centers. The bill would require the Governor, Senate Committee on Rules, and the Speaker of the Assembly to appoint members to serve on the commission, as prescribed.begin insert The bill would require the State Department of Developmental Services to provide staff support to the commission.end insert
The bill would require the commission to recommend a strategy for uniform data collection that provides reliable, valid, and actionable data from multiple stakeholder perspectives and that may be consistently deployed at regional centers. This bill would require the commission to review current regulations and relevant statutes to better focus on reliable data to measure outcomes for individuals served and the impact of services on the lives of individuals and their families, in accordance with prescribed characteristics. The bill would require the commission, by June 30, 2015, to determine the best methods for collecting input on relevant regulatory standards and statutes, and to request public input on those standards, as specified. The bill would require the commission to review and compile, by September 30, 2016, the input received and to submit, by December 31, 2016, a report on its recommended regulatory and statutory changes to the Legislature and the State Department of Developmental Services.
This bill would require the commission to propose, in its report, a process by which relevant regulations and statutes governing the Licensing and Certification Division of the State Department of Public Health may be reviewed by a future commission.
end deleteThese provisions would be repealed on January 1, 2018.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4751 is added to the Welfare and
2Institutions Code, to read:
(a) The Legislature finds and declares all of the
4following:
5(1) Evaluation of the services that people with developmental
6disabilities receive from both service providers and regional centers
7is a critical component of the service system.
8(2) There is evidence that the current system, in which three
9state-funded entities, the State Department of Developmental
10Services, the regional centers, and the Community Care Licensing
11Division of the State Department of Social Services, are charged
12
with monitoring and maintaining quality services and supports for
13people with developmental disabilities, is duplicative and confusing
14and fails to produce data essential for service improvement.
15(3) The efficiency and efficacy of the oversight and quality
16review processes can be significantly enhanced by unifying the
17current duplicative quality review system, thus conserving limited
18state and service providers’ resources while simultaneously
19improving the lives of people with developmental disabilities in
20California.
21(b) The Commission on Oversight Efficiency and Quality
22Enhancement Models is established to investigate methods of
23implementing a unified and consistent oversight and quality
24enhancement process. This process shall ensure the welfare,
25community
participation, health, and safety of all those with
26developmental disabilities who are served in programs currently
27licensed by the Community Care Licensing Division of the State
28Department of Social Services. The commission shall give the
29utmost attention to ensure that the results of its work do not reduce
30the quality of oversight and monitoring of the health and safety of
31persons with developmental disabilities. This process shall also
32enhance accountability and quality review processes for the
33services directly provided by regional centers.
34(c) The commission shall be composed of not more than 12
35members as follows:
36(1) Three public members appointed by the Senate Committee
37on Rules, with one appointee who is from the advocacy community,
P4 1one appointee who is a provider
of day program services, and one
2appointee who represents regional centers.
3(2) Three public members appointed by the Speaker of the
4Assembly, with one appointee who is a consumer or family
5member, one appointee who is a provider of residential services,
6and one appointee who represents regional centers.
7(3) Three public members appointed by the Governor with the
8consent of the Senate. The Governor shall request and consider
9nominations of persons from the advocacy community, the provider
10community, the regional center system, consumers and family
11members, and subject experts in data collection and licensing
12oversight for these appointments.
13(4) The State Department of Developmental Services, the State
14Department
of Social Services, and the California Health and
15Human Services Agency may each select a representative to
16participate on the commission.
17(d) The State Department of Developmental Services shall
18provide staff support to the commission.
19(d)
end delete
20begin insert(e)end insert The commission may appoint advisory groups to provide
21specialized input to assist the commission in its work.
22(e)
end delete
23begin insert(f)end insert The commission shall examine existing regulations and
24
statutes, and recommend changes to the State Department of
25Developmental Services, as specified in subdivisionbegin delete (g)end deletebegin insert (h)end insert.
26(f)
end delete
27begin insert(g)end insert (1) The commission shall recommend, and include in its
28final report, a strategy for uniform data collection that provides
29reliable, valid, and actionable data from multiple stakeholder
30perspectives and that may be consistently deployed at regional
31centers. The strategy
shall address, to the fullest extent possible,
32all of the following:
33(A) Service provider and regional performance.
34(B) Outcomes consistent with individual program plan goals.
35(C) Flexibility of implementation.
36(D) Field-based data entry and analysis.
37(E) Documentation, measurement, and analysis of the strategy’s
38implementation.
39(F) Usage of data currently being collected by regional centers
40and the State Department of Developmental Services.
P5 1(G) Regional center and service provider
resource needs to
2implement the strategy.
3(2) The commission shall consider, but is not limited to, the
4experience, outcomes, and data provided by the National Core
5Indicators, the Agnews Developmental Center, and the Bay Area
6Quality Management System, and from current quality reviews of
7unlicensed Lanterman Developmental Disabilities Services Act
8support models, including family home agencies and supported
9living, in developing the strategy’s structure, standards, and data
10collection methodologies.
11(g)
end delete
12begin insert(h)end insert The commission
shall review current sections in Titles 17
13and 22 of the California Code of Regulations and relevant statutes
14to better focus on reliable data to measure outcomes for individuals
15served and the impact of services on the lives of individuals and
16their families. Recommendations for the strategy and regulatory
17change shall reflect the following characteristics:
18(1) Be lean, simple, efficient, and understood by the people
19served and those who serve them.
20(2) Avoid unnecessary redundancies of process, permissions,
21oversight, and enforcement.
22(3) Base objective reviews on quality standards that, in
23accordance with Lanterman Developmental Disabilities Services
24Act principles, address individual outcomes, including, but not
25limited
to, health, safety, independence, choice, empowerment,
26inclusion, and participation in community life. Outcome measures
27are to be consistent with performance measures for regional centers.
28(4) Base subjective reviews of the impact on individuals and
29families on satisfaction data collected by an independent third
30party that surveys a statistically significant sample of service
31providers and individuals and families providing or receiving those
32services.
33(5) Shift the focus of quality efforts to a service enhancement
34model that encourages and recognizes service provider and regional
35center improvements.
36(6) Include multiple options for proactive consumer protections,
37including screening for qualified providers, an emphasis on
an
38evolving improvement system of coaching and mentoring service
39providers toward quality, and an immediate response capacity to
40address people in imminent danger.
P6 1(7) Report aggregate service and individual outcomes to
2highlight excellence, innovation, and satisfaction in the services
3provided and in the lives of individuals with developmental
4disabilities.
5(8) Enhance transparency, accountability, quality standards, and
6measurement processes for the services directly provided by
7regional centers consistent with regional center performance
8contracts.
9(9) Provide consumers, families, service providers, and regional
10center staff the opportunity to participate in system evaluation.
11(10) Ensure that the results of oversight, quality enhancement,
12and assurance review activities are available in plain language to
13people with developmental disabilities and their families so they
14can be informed consumers of the services that they receive.
15(h)
end delete
16begin insert(i)end insert (1) On or before June 30, 2015, the commission shall
17determine the best methods of collecting input on relevant statutes
18and sections of Titles 17 and 22 of the California Code of
19Regulations.
20(2) These methods shall include, but not be limited to, the
21following:
22(A) At least two public meetings, with one meeting held in
23southern California and one meeting held in northern California.
24(B) The electronic submission of comments.
25(3) The commission shall request public input concerning the
26revision, retention, or removal of relevant statutes and sections of
27Titles 17 and 22 of the California Code of Regulations affecting
28only programs meeting both of the following:
29(A) Under the partial or exclusive oversight of the Community
30Care Licensing Division of the State Department of Social Services.
31(B) Provide services and supports exclusively or primarily to
32persons with developmental disabilities.
33(4) The commission shall solicit comment on issue areas
34including, but not limited to, the following:
35(A) Certification and vendorization processes.
36(B) Complaints.
37(C) Quality oversight and monitoring requirements.
38(D) Decertification and devendorization processes.
39(E) Conflict and duplication in statutes and regulations.
40(i) (1)
end delete
P7 1begin insert(j)end insert On or before September 30, 2016, the commission shall
2review and compile the input received based on its relevance to
3the criteria described in subdivisionbegin delete (g)end deletebegin insert (h)end insert. On or before December
431, 2016, the commission shall submit to the Legislature and the
5State Department of Developmental Services a report on its
6recommended changes to Titles 17 and 22 of the California Code
7of Regulations and any recommended statutory changes. The
8commission shall also recommend, based on input received, the
9most effective entity or entities for enforcing
the regulations.
10(2) In its report, the commission shall propose a process by
11which relevant regulations and statutes governing the Licensing
12and Certification Division of the State Department of Public Health,
13guided by the criteria described in subdivision
(g), may be reviewed
14by a future commission if one is established.
15(j)
end delete
16begin insert(k)end insert A report to be submitted pursuant to subdivisionbegin delete (i)end deletebegin insert (j)end insert shall
17be submitted in compliance with Section 9795 of the Government
18Code.
19(k)
end delete
20begin insert(l)end insert This section shall remain in effect only until January 1, 2018,
21and as of that date is repealed, unless a later enacted statute, that
22is enacted before January 1, 2018, deletes or extends that date.
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