BILL ANALYSIS Ó SB 856 Page 1 ( Without Reference to File ) SENATE THIRD READING SB 856 (Budget and Fiscal Review Committee) As Amended June 12, 2014 Majority vote. Budget Bill Appropriation Takes Effect Immediately SENATE VOTE :Vote not relevant SUMMARY : This is the Developmental Services Trailer Bill for 2014-15. It contains necessary changes related to the Budget Act of 2014. This bill makes various statutory changes to implement the 2014-15 budget. Specifically, this bill : 1)Implements recommendations made in the California Health and Human Services Agency's (CHHSA) Plan for the Future of Developmental Centers in California (plan), including: a) Establishment of Enhanced Behavioral Supports Homes. Authorizes a pilot program to develop up to six enhanced behavioral support homes per year, to provide intensive behavioral services and supports to adults and children with developmental disabilities who need intensive services and supports and who are at risk of institutionalization or out-of-state placement, or are transitioning to the community from a developmental center, other state-operated residential facility, institution for mental disease, or out-of-state placement. The homes will be developed by regional centers using community placement plan (CPP) funds. Each home will serve no more than four residents and up to six homes may be developed with secured perimeters. The homes will be certified by the Department of Developmental Services (DDS) and licensed by the Department of Social Services (DSS), and each department will have authority to develop emergency regulations. The homes will be distributed regionally. The pilot will end January 1, 2020, unless extended or made permanent through further legislative action. b) Establishment of Community Crisis Homes. Authorizes DDS to develop two community crisis homes (one in the north and one in the south), each to serve, on a short-term basis, no more than eight adults who would otherwise be at risk of SB 856 Page 2 admission to the acute crisis center at Fairview Developmental Center (FDC) or Sonoma Developmental Center (SDC), an acute general hospital, an acute psychiatric hospital, an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5 of the Welfare and Institutions Code, or an out-of-state placement. The homes will be certified by DDS and licensed by DSS, and each department will have authority to develop emergency regulations. c) Establishment of Acute Crisis Centers at State Developmental Centers. Authorizes DDS to create an acute crisis center at SDC and FDC. These centers will be distinct from other residential units and serve up to five individuals each. Placement into these acute crisis centers will be pursuant to a court order, as is currently the requirement for crisis placement into FDC. d) Evaluation of New Models. Requires DDS to evaluate the effectiveness of three new models described above in order to access the impact on implementing the recommendations of the CHHSA plan. The evaluation reports shall be provided annually to the Legislature, commencing on January 10, 2015, for the FDC acute crisis center; January 10, 2016, for the SDC acute crisis center; and January 10 of the first year following the opening of the first enhanced behavioral supports home or community crisis home is opened. e) Expansion of the Community State Staff Program. Expands the community state staff program associated with both the Agnews and Lanterman developmental centers' closures, to allow developmental center staff from any developmental center to work with residents moving from a developmental center to the community or individuals at risk of admission to a developmental center, an institution for mental disease, an out-of-state placement, a general acute care hospital, or an acute psychiatric hospital, and maintain state staff status through a contract with a community provider. 1)Requires a court be provided with a copy of the comprehensive assessment completed for each resident of a developmental center, and any updates to it, during all judicial reviews of SB 856 Page 3 a consumer's commitment to a developmental center. Additionally, requires that regional center client rights' advocates be provide specified information, including comprehensive assessments and notices of relevant meetings and court notifications and proceedings related to a person moving from a developmental center, or at risk of placement in a developmental center. 2)Restores infant and toddler eligibility for the Early Start program to the level in place prior to adoption of the Budget Act of 2009, effective January 1, 2015. 3)Deletes the prohibition on the payment, by regional centers, of insurance deductibles on behalf consumers and their families, for the services identified as necessary in an individual program plan, under defined circumstances. 4)Makes statutory changes necessary to adjust for the impact of the minimum wage increase and the Federal Labor Standards changes relating to the payment of overtime, on specified service providers, effective on January 1, 2015. COMMENTS : This bill is a budget trailer bill within the overall 2014-15 budget package to implement actions taken affecting DDS. Funding related to the changes in this bill is contained in the 2014-15 Budget Act. Additionally, this bill re-appropriates $13 million ($12.9 million General Fund) from 2011-12, a portion of which is unspent CPP funds, to support the development of the new community home models described in this analysis. Analysis Prepared by : Nicole Vazquez / BUDGET / (916) 319-2099 FN: 0003965