BILL NUMBER: SB 1093 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 27, 2014
AMENDED IN SENATE APRIL 24, 2014
AMENDED IN SENATE APRIL 10, 2014
AMENDED IN SENATE MARCH 27, 2014
INTRODUCED BY Senator Liu
FEBRUARY 19, 2014
An act to amend Sections 4519.5, 4629, and 4648 of the Welfare and
Institutions Code, relating to developmental services.
LEGISLATIVE COUNSEL'S DIGEST
SB 1093, as amended, Liu. Developmental services: regional
centers: culturally and linguistically competent services.
(1) The Lanterman Developmental Disabilities Services Act requires
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, which include services and supports
that are directed toward the achievement and maintenance of an
independent, productive, and normal life for the consumer such as
daily living skills training, are contained in an individual program
plan or individualized family service plan developed in accordance
with prescribed requirements.
This bill would require that independent living skills services be
available to all adult consumers who live in the home of a parent,
relative, or other person, or who live independently.
(2) Existing law requires that contracts entered into with
regional centers include annual performance objectives, including
annual performance objectives that are specific, measurable,
and, among other things, and designed
to to, among other things, develop services and
supports identified as necessary to meet identified needs. Existing
law also requires that each contract with a regional center specify
steps to be taken to ensure contract compliance, and, if a regional
center is placed on probation pursuant to these steps, requires the
department to provide the appropriate area board with a copy of the
correction plan, timeline, and any other action taken by the
department.
This bill would require that annual performance
objectives, among other things, objectives to be
designed to to, among other things,
develop services and supports identified as necessary to meet
identified needs, which includes culturally and linguistically
appropriate services and supports. The bill would require that, if a
regional center is placed on probation, the department also provide a
copy of the correction plan, timeline, and any other action taken by
the department to a specified clients' rights advocacy contractor.
This bill would also require each regional center, in addition to
those performance objectives, to develop and implement a plan with
specific and measurable objectives that include activities and
timelines that will lead to an increase in the utilization of
services by consumers impacted by purchase of service disparities.
The bill would require a regional center to utilize a specified
public process and consult with specified stakeholders in developing
that plan.
(3) Existing law requires the department and regional centers to
annually collaborate to compile specified data relating to purchase
of service authorization, utilization, and expenditure by each
regional center and requires that data to include the number and
percentage of individuals, categorized by age, race or ethnicity, and
disability, who have been determined to be eligible for regional
center services, but who are not receiving purchase of service funds.
Existing law requires each regional center and the department to
annually post this information on their respective Internet Web
sites, as prescribed, and requires each regional center to hold
annual stakeholder meetings regarding the data.
This bill would additionally require the data to include, and be
categorized by, residence type and subcategorized by age, race or
ethnicity, and primary language. The bill would also require the
department and each regional center to maintain all preceding years'
data on its Internet Web site. The bill would require that regional
centers hold the annual stakeholder meetings regarding the data
separately from any meetings of its board of directors, schedule the
meetings at times and locations designed to result in a high turnout
by the public and underserved communities, and, in holding the
meetings, consider the language needs of the community. The bill
would require the regional centers to provide participants of these
meetings with the data and associated information and to conduct a
discussion of the data and associated information in a manner that is
culturally and linguistically appropriate for that community, as
specified.
This bill would also require each regional center to annually
report to the department specified information regarding its
implementation of those provisions. The bill would require the
reports to be posted on the department's and each regional center's
Internet Web site by August 31 of each year.
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. Section 4519.5 of the Welfare and Institutions Code is
amended to read:
4519.5. (a) The department and the regional centers shall
annually collaborate to compile data in a uniform manner relating to
purchase of service authorization, utilization, and expenditure by
each regional center with respect to all of the following:
(1) The age of consumer, categorized by the following:
(A) Birth to age two, inclusive.
(B) Three to 21, inclusive.
(C) Twenty-two and older.
(2) Race or ethnicity of the consumer.
(3) Primary language spoken by the consumer, and other related
details, as feasible.
(4) Disability detail, in accordance with the categories
established by subdivision (a) of Section 4512, and, if applicable, a
category specifying that the disability is unknown.
(5) Residence type, subcategorized by age, race or ethnicity, and
primary language.
(b) The data reported pursuant to subdivision (a) shall also
include the number and percentage of individuals, categorized by age,
race or ethnicity, and disability, and by residence type, as set
forth in paragraph (5) of subdivision (a), who have been determined
to be eligible for regional center services but are not receiving
purchase of service funds.
(c) By March 31, 2013, each regional center shall post the data
described in this section that is specific to the regional center on
its Internet Web site. Commencing on December 31, 2013, each regional
center shall annually post this data by December 31. Each regional
center shall maintain all previous years' data on its Internet Web
site.
(d) By March 31, 2013, the department shall post the information
described in this section on a statewide basis on its Internet Web
site. Commencing December 31, 2013, the department shall annually
post this information by December 31. The department shall maintain
all previous years' data on its Internet Web site. The department
shall also post notice of any regional center stakeholder meetings on
its Internet Web site.
(e) Within three months of compiling the data with the department,
and annually thereafter, each regional center shall meet with
stakeholders in one or more public meetings regarding the data. The
meeting or meetings shall be held separately from any meetings held
pursuant to Section 4660. The regional center shall provide
participants of these meetings with the data and any associated
information, and shall conduct a discussion of the data and the
associated information in a manner that is culturally and
linguistically appropriate for that community, including providing
alternative communication services, as required by Sections 11135 to
11139.7, inclusive, of the Government Code and implementing
regulations. Regional centers shall inform the department of the
scheduling of those public meetings 30 days prior to the meeting.
Notice of the meetings shall also be posted on the regional center's
Internet Web site 30 days prior to the meeting and shall be sent to
individual stakeholders and groups representing underserved
communities in a timely manner. Each regional center shall, in
holding the meetings required by this subdivision, consider the
language needs of the community and shall schedule the meetings at
times and locations designed to result in a high turnout by the
public and underserved communities.
(f) (1) Each regional center shall annually report to the
department regarding its implementation of the requirements of this
section. The report shall include, but shall not be limited to, all
of the following:
(A) Actions the regional center took to improve public attendance
and participation at stakeholder meetings, including, but not limited
to, attendance and participation by underserved communities.
(B) Copies of minutes from the meeting and attendee comments.
(C) Whether the data described in this section indicates a need to
reduce disparities in the purchase of services among consumers in
the regional center's catchment area. If the data does indicate that
need, the regional center's recommendations and plan to promote
equity, and reduce disparities, in the purchase of services.
(2) Each regional center and the department shall annually post
the reports required by paragraph (1) on its Internet Web site by
August 31.
SEC. 2. Section 4629 of the Welfare and Institutions Code is
amended to read:
4629. (a) The state shall enter into five-year contracts with
regional centers, subject to the annual appropriation of funds by the
Legislature.
(b) The contracts shall include a provision requiring each
regional center to render services in accordance with applicable
provision of state laws and regulations.
(c) (1) The contracts shall include annual performance objectives
that shall do both of the following:
(A) Be specific, measurable, and designed to do all of the
following:
(i) Assist consumers to achieve life quality outcomes.
(ii) Achieve meaningful progress above the current baselines.
(iii) Develop services and supports identified as necessary to
meet identified needs, including culturally and linguistically
appropriate services and supports.
(B) Be developed through a public process as described in the
department's guidelines that includes, but is not limited to, all of
the following:
(i) Providing information, in an understandable form, to the
community about regional center services and supports, including
budget information and baseline data on services and supports and
regional center operations.
(ii) Conducting a public meeting where participants can provide
input on performance objectives and using focus groups or surveys to
collect information from the community.
(iii) Circulating a draft of the performance objectives to the
community for input prior to presentation at a regional center board
meeting where additional public input will be taken and considered
before adoption of the objectives.
(2) In addition to the performance objectives developed pursuant
to this section, the department may specify in the performance
contract additional areas of service and support that require
development or enhancement by the regional center. In determining
those areas, the department shall consider public comments from
individuals and organizations within the regional center catchment
area, the distribution of services and supports within the regional
center catchment area, and review how the availability of services
and supports in the regional area catchment area compares with other
regional center catchment areas.
(3) In addition to the performance objectives developed pursuant
to this section, the department shall require each regional center to
develop and implement a plan with specific and measurable objectives
that include activities and timelines that will lead to an increase
in the utilization of services by consumers impacted by the purchase
of service disparities identified pursuant to Sections 4519.5 and
4519.6. In developing that plan, a regional center shall utilize the
public process described in subparagraph (B) of paragraph (1), and
shall consider stakeholder input from the State Council on
Developmental Disabilities, the clients' rights advocacy contractor
identified in Section 4433, and the protection and advocacy agency
described in Section 4901, and input gathered from meetings held
pursuant to subdivision (e) of Section 4519.5.
(d) Each contract with a regional center shall specify steps to be
taken to ensure contract compliance, including, but not limited to,
all of the following:
(1) Incentives that encourage regional centers to meet or exceed
performance standards.
(2) Levels of probationary status for regional centers that do not
meet, or are at risk of not meeting, performance standards. The
department shall require that corrective action be taken by any
regional center which is placed on probation. Corrective action may
include, but is not limited to, mandated consultation with designated
representatives of the Association of Regional Center Agencies or a
management team designated by the department, or both. The department
shall establish the specific timeline for the implementation of
corrective action and monitor its implementation. When a regional
center is placed on probation, the department shall provide the
appropriate area board and the clients' rights advocacy contractor
identified in Section 4433 with a copy of the correction plan,
timeline, and any other action taken by the department relating to
the probationary status of the regional center.
(e) In order to evaluate the regional center's compliance with its
contract performance objectives and legal obligations related to
those objectives, the department shall do both of the following:
(1) Annually assess each regional center's achievement of its
previous year's objectives and make the assessment, including
baseline data and performance objectives of the individual regional
centers, available to the public. The department may make a special
commendation of the regional centers that have best engaged the
community in the development of contract performance objectives and
have made the most meaningful progress in meeting or exceeding
contract performance objectives.
(2) Monitor the activities of the regional center to ensure
compliance with the provisions of its contracts, including, but not
limited to, reviewing all of the following:
(A) The regional center's public process for compliance with the
procedures set forth in paragraph (2) of subdivision (c).
(B) Each regional center's performance objectives for compliance
with the criteria set forth in paragraphs (1) to (3),
inclusive, and (2) of subdivision (c).
(C) Any public comments on regional center performance objectives
sent to the department or to the regional centers, and soliciting
public input on the public process and final performance standards.
(f) The renewal of each contract shall be contingent upon
compliance with the contract including, but not limited to, the
performance objectives, as determined through the department's
evaluation.
SEC. 3. Section 4648 of the Welfare and Institutions Code is
amended to read:
4648. In order to achieve the stated objectives of a consumer's
individual program plan, the regional center shall conduct
activities, including, but not limited to, all of the following:
(a) Securing needed services and supports.
(1) It is the intent of the Legislature that services and supports
assist individuals with developmental disabilities in achieving the
greatest self-sufficiency possible and in exercising personal
choices. The regional center shall secure services and supports that
meet the needs of the consumer, as determined in the consumer's
individual program plan, and within the context of the individual
program plan, the planning team shall give highest preference to
those services and supports which would allow minors with
developmental disabilities to live with their families, adult persons
with developmental disabilities to live as independently as possible
in the community, and that allow all consumers to interact with
persons without disabilities in positive, meaningful ways.
(2) (A) In implementing individual program plans, regional
centers, through the planning team, shall first consider services and
supports in natural community, home, work, and recreational
settings. Services and supports shall be flexible and individually
tailored to the consumer and, where when
appropriate, his or her family.
(B) In order to ensure that regional center services are
provided in a culturally competent manner and available to consumers
from diverse language, ethnic, and racial populations, independent
Independent living skills services shall be
available to all adult consumers who live in the home of a parent,
relative, or other person, or who live independently.
(3) A regional center may, pursuant to vendorization or a
contract, purchase services or supports for a consumer from any
individual or agency which the regional center and consumer or, where
appropriate, his or her parents, legal guardian, or conservator, or
authorized representatives, determines will best accomplish all or
any part of that consumer's program plan.
(A) Vendorization or contracting is the process for
identification, selection, and utilization of service vendors or
contractors, based on the qualifications and other requirements
necessary in order to provide the service.
(B) A regional center may reimburse an individual or agency for
services or supports provided to a regional center consumer if the
individual or agency has a rate of payment for vendored or contracted
services established by the department, pursuant to this division,
and is providing services pursuant to an emergency vendorization or
has completed the vendorization procedures or has entered into a
contract with the regional center and continues to comply with the
vendorization or contracting requirements. The director shall adopt
regulations governing the vendorization process to be utilized by the
department, regional centers, vendors and the individual or agency
requesting vendorization.
(C) Regulations shall include, but not be limited to: the vendor
application process, and the basis for accepting or denying an
application; the qualification and requirements for each category of
services that may be provided to a regional center consumer through a
vendor; requirements for emergency vendorization; procedures for
termination of vendorization; the procedure for an individual or an
agency to appeal any vendorization decision made by the department or
regional center.
(D) A regional center may vendorize a licensed facility for
exclusive services to persons with developmental disabilities at a
capacity equal to or less than the facility's licensed capacity. A
facility already licensed on January 1, 1999, shall continue to be
vendorized at their full licensed capacity until the facility agrees
to vendorization at a reduced capacity.
(E) Effective July 1, 2009, notwithstanding any other law or
regulation, a regional center shall not newly vendor a State
Department of Social Services licensed 24-hour residential care
facility with a licensed capacity of 16 or more beds, unless the
facility qualifies for receipt of federal funds under the Medicaid
Program.
(4) Notwithstanding subparagraph (B) of paragraph (3), a regional
center may contract or issue a voucher for services and supports
provided to a consumer or family at a cost not to exceed the maximum
rate of payment for that service or support established by the
department. If a rate has not been established by the department, the
regional center may, for an interim period, contract for a specified
service or support with, and establish a rate of payment for, any
provider of the service or support necessary to implement a consumer'
s individual program plan. Contracts may be negotiated for a period
of up to three years, with annual review and subject to the
availability of funds.
(5) In order to ensure the maximum flexibility and availability of
appropriate services and supports for persons with developmental
disabilities, the department shall establish and maintain an
equitable system of payment to providers of services and supports
identified as necessary to the implementation of a consumers'
individual program plan. The system of payment shall include
provision for a rate to ensure that the provider can meet the special
needs of consumers and provide quality services and supports in the
least restrictive setting as required by law.
(6) The regional center and the consumer, or where appropriate,
his or her parents, legal guardian, conservator, or authorized
representative, including those appointed pursuant to subdivision (d)
of Section 4548, subdivision (b) of Section 4701.6, or subdivision
(e) of Section 4705, shall, pursuant to the individual program plan,
consider all of the following when selecting a provider of consumer
services and supports:
(A) A provider's ability to deliver quality services or supports
which can accomplish all or part of the consumer's individual program
plan.
(B) A provider's success in achieving the objectives set forth in
the individual program plan.
(C) When appropriate, the existence of licensing, accreditation,
or professional certification.
(D) The cost of providing services or supports of comparable
quality by different providers, if available, shall be reviewed, and
the least costly available provider of comparable service, including
the cost of transportation, who is able to accomplish all or part of
the consumer's individual program plan, consistent with the
particular needs of the consumer and family as identified in the
individual program plan, shall be selected. In determining the least
costly provider, the availability of federal financial participation
shall be considered. The consumer shall not be required to use the
least costly provider if it will result in the consumer moving from
an existing provider of services or supports to more restrictive or
less integrated services or supports.
(E) The consumer's choice of providers, or, where appropriate, the
consumer's parent's, legal guardian's, authorized representative's,
or conservator's choice of providers.
(7) No service or support provided by any agency or individual
shall be continued unless the consumer or, where appropriate, his or
her parents, legal guardian, or conservator, or authorized
representative, including those appointed pursuant to subdivision (d)
of Section 4548, subdivision (b) of Section 4701.6, or subdivision
(e) of Section 4705, is satisfied and the regional center and the
consumer or, when appropriate, the person's parents or legal guardian
or conservator agree that planned services and supports have been
provided, and reasonable progress toward objectives have been made.
(8) Regional center funds shall not be used to supplant the budget
of any agency that has a legal responsibility to serve all members
of the general public and is receiving public funds for providing
those services.
(9) (A) A regional center may, directly or through an agency
acting on behalf of the center, provide placement in, purchase of, or
follow-along services to persons with developmental disabilities in,
appropriate community living arrangements, including, but not
limited to, support service for consumers in homes they own or lease,
foster family placements, health care facilities, and licensed
community care facilities. In considering appropriate placement
alternatives for children with developmental disabilities, approval
by the child's parent or guardian shall be obtained before placement
is made.
(B) Effective July 1, 2012, notwithstanding any other law or
regulation, a regional center shall not purchase residential services
from a State Department of Social Services licensed 24-hour
residential care facility with a licensed capacity of 16 or more
beds. This prohibition on regional center purchase of residential
services shall not apply to any of the following:
(i) A residential facility with a licensed capacity of 16 or more
beds that has been approved to participate in the department's Home
and Community Based Services Waiver or another existing waiver
program or certified to participate in the Medi-Cal program.
(ii) A residential facility service provider that has a written
agreement and specific plan prior to July 1, 2012, with the vendoring
regional center to downsize the existing facility by transitioning
its residential services to living arrangements of 15 beds or less or
restructure the large facility to meet federal Medicaid eligibility
requirements on or before June 30, 2013.
(iii) A residential facility licensed as a mental health
rehabilitation center by the State Department of Mental
Health State Hospitals or successor agency under
any of the following circumstances:
(I) The facility is eligible for Medicaid reimbursement.
(II) The facility has a department-approved plan in place by June
30, 2013, to transition to a program structure eligible for federal
Medicaid funding, and this transition will be completed by June 30,
2014. The department may grant an extension for the date by which the
transition will be completed if the facility demonstrates that it
has made significant progress toward transition, and states with
specificity the timeframe by which the transition will be completed
and the specified steps that will be taken to accomplish the
transition. A regional center may pay for the costs of care and
treatment of a consumer residing in the facility on June 30, 2012,
until June 30, 2013, inclusive, and, if the facility has a
department-approved plan in place by June 30, 2013, may continue to
pay the costs under this subparagraph until June 30, 2014, or until
the end of any period during which the department has granted an
extension.
(III) There is an emergency circumstance in which the regional
center determines that it cannot locate alternate federally eligible
services to meet the consumer's needs. Under such an emergency
circumstance, an assessment shall be completed by the regional center
as soon as possible and within 30 days of admission. An individual
program plan meeting shall be convened immediately following the
assessment to determine the services and supports needed for
stabilization and to develop a plan to transition the consumer from
the facility into the community. If transition is not expected within
90 days of admission, an individual program plan meeting shall be
held to discuss the status of transition and to determine if the
consumer is still in need of placement in the facility. Commencing
October 1, 2012, this determination shall be made after also
considering resource options identified by the statewide specialized
resource service. If it is determined that emergency services
continue to be necessary, the regional center shall submit an updated
transition plan that can cover a period of up to 90 days. In no
event shall placements under these emergency circumstances exceed 180
days.
(C) (i) Effective July 1, 2012, notwithstanding any other law or
regulation to the contrary, a regional center shall not purchase new
residential services from, or place a consumer in, institutions for
mental disease, as described in Part 5 (commencing with Section 5900)
of Division 5, for which federal Medicaid funding is not available.
Effective July 1, 2013, this prohibition applies regardless of the
availability of federal funding.
(ii) The prohibition described in clause (i) shall not apply to
emergencies, as determined by the regional center, when a regional
center cannot locate alternate services to meet the consumer's needs.
As soon as possible within 30 days of admission due to an emergency,
an assessment shall be completed by the regional center. An
individual program plan meeting shall be convened immediately
following the assessment, to determine the services and supports
needed for stabilization and to develop a plan to transition the
consumer from the facility to the community. If transition is not
expected within 90 days of admission, an emergency program plan
meeting shall be held to discuss the status of the transition and to
determine if the consumer is still in need of placement in the
facility. If emergency services continue to be necessary, the
regional center shall submit an updated transition plan to the
department for an extension of up to 90 days. Placement shall not
exceed 180 days.
(iii) To the extent feasible, prior to any admission, the regional
center shall consider resource options identified by the statewide
specialized resource service established pursuant to subdivision (b)
of Section 4418.25.
(iv) The clients' rights advocate shall be notified of each
admission and individual program planning meeting pursuant to this
subparagraph and may participate in all individual program planning
meetings unless the consumer objects on his or her own behalf.
(v) Regional centers shall complete a comprehensive assessment of
any consumer residing in an institution for mental disease as of July
1, 2012, for which federal Medicaid funding is not available, and
for any consumer residing in an institution for mental disease as of
July 1, 2013, without regard to federal funding. The comprehensive
assessment shall be completed prior to the consumer's next scheduled
individual program plan meeting and shall include identification of
the services and supports needed and the timeline for identifying or
developing those services needed to transition the consumer back to
the community. Effective October 1, 2012, the regional center shall
also consider resource options identified by the statewide
specialized resource service. For each individual program plan
meeting convened pursuant to this subparagraph, the clients' rights
advocate for the regional center shall be notified of the meeting and
may participate in the meeting unless the consumer objects on his or
her own behalf.
(D) Each person with developmental disabilities placed by the
regional center in a community living arrangement shall have the
rights specified in this division. These rights shall be brought to
the person's attention by any means necessary to reasonably
communicate these rights to each resident, provided that, at a
minimum, the Director of Developmental Services prepare, provide, and
require to be clearly posted in all residential facilities and day
programs a poster using simplified language and pictures that is
designed to be more understandable by persons with cognitive
disabilities and that the rights information shall also be available
through the regional center to each residential facility and day
program in alternative formats, including, but not limited to, other
languages, braille, and audio tapes, when necessary to meet the
communication needs of consumers.
(E) Consumers are eligible to receive supplemental services
including, but not limited to, additional staffing, pursuant to the
process described in subdivision (d) of Section 4646. Necessary
additional staffing that is not specifically included in the rates
paid to the service provider may be purchased by the regional center
if the additional staff are in excess of the amount required by
regulation and the individual's planning team determines the
additional services are
consistent with the provisions of the individual program plan.
Additional staff should be periodically reviewed by the planning team
for consistency with the individual program plan objectives in order
to determine if continued use of the additional staff is necessary
and appropriate and if the service is producing outcomes consistent
with the individual program plan. Regional centers shall monitor
programs to ensure that the additional staff is being provided and
utilized appropriately.
(10) Emergency and crisis intervention services including, but not
limited to, mental health services and behavior modification
services, may be provided, as needed, to maintain persons with
developmental disabilities in the living arrangement of their own
choice. Crisis services shall first be provided without disrupting a
person's living arrangement. If crisis intervention services are
unsuccessful, emergency housing shall be available in the person's
home community. If dislocation cannot be avoided, every effort shall
be made to return the person to his or her living arrangement of
choice, with all necessary supports, as soon as possible.
(11) Among other service and support options, planning teams shall
consider the use of paid roommates or neighbors, personal
assistance, technical and financial assistance, and all other service
and support options which would result in greater self-sufficiency
for the consumer and cost-effectiveness to the state.
(12) When facilitation as specified in an individual program plan
requires the services of an individual, the facilitator shall be of
the consumer's choosing.
(13) The community support may be provided to assist individuals
with developmental disabilities to fully participate in community and
civic life, including, but not limited to, programs, services, work
opportunities, business, and activities available to persons without
disabilities. This facilitation shall include, but not be limited to,
any of the following:
(A) Outreach and education to programs and services within the
community.
(B) Direct support to individuals which would enable them to more
fully participate in their community.
(C) Developing unpaid natural supports when possible.
(14) When feasible and recommended by the individual program
planning team, for purposes of facilitating better and cost-effective
services for consumers or family members, technology, including
telecommunication technology, may be used in conjunction with other
services and supports. Technology in lieu of a consumer's in-person
appearances at judicial proceedings or administrative due process
hearings may be used only if the consumer or, when appropriate, the
consumer's parent, legal guardian, conservator, or authorized
representative, gives informed consent. Technology may be used in
lieu of, or in conjunction with, in-person training for providers, as
appropriate.
(15) Other services and supports may be provided as set forth in
Sections 4685, 4686, 4687, 4688, and 4689, when necessary.
(16) Notwithstanding any other law or regulation, effective July
1, 2009, regional centers shall not purchase experimental treatments,
therapeutic services, or devices that have not been clinically
determined or scientifically proven to be effective or safe or for
which risks and complications are unknown. Experimental treatments or
therapeutic services include experimental medical or nutritional
therapy when the use of the product for that purpose is not a general
physician practice. For regional center consumers receiving these
services as part of their individual program plan (IPP) or
individualized family service plan (IFSP) on July 1, 2009, this
prohibition shall apply on August 1, 2009.
(b) (1) Advocacy for, and protection of, the civil, legal, and
service rights of persons with developmental disabilities as
established in this division.
(2) Whenever the advocacy efforts of a regional center to secure
or protect the civil, legal, or service rights of any of its
consumers prove ineffective, the regional center or the person with
developmental disabilities or his or her parents, legal guardian, or
other representative may request the area board to initiate action
under the provisions defining area board advocacy functions
established in this division.
(c) The regional center may assist consumers and families
directly, or through a provider, in identifying and building circles
of support within the community.
(d) In order to increase the quality of community services and
protect consumers, the regional center shall, when appropriate, take
either of the following actions:
(1) Identify services and supports that are ineffective or of poor
quality and provide or secure consultation, training, or technical
assistance services for any agency or individual provider to assist
that agency or individual provider in upgrading the quality of
services or supports.
(2) Identify providers of services or supports that may not be in
compliance with local, state, and federal statutes and regulations
and notify the appropriate licensing or regulatory authority, or
request the area board to investigate the possible noncompliance.
(e) When necessary to expand the availability of needed services
of good quality, a regional center may take actions that include, but
are not limited to, the following:
(1) Soliciting an individual or agency by requests for proposals
or other means, to provide needed services or supports not presently
available.
(2) Requesting funds from the Program Development Fund, pursuant
to Section 4677, or community placement plan funds designated from
that fund, to reimburse the startup costs needed to initiate a new
program of services and supports.
(3) Using creative and innovative service delivery models,
including, but not limited to, natural supports.
(f) Except in emergency situations, a regional center shall not
provide direct treatment and therapeutic services, but shall utilize
appropriate public and private community agencies and service
providers to obtain those services for its consumers.
(g) When there are identified gaps in the system of services and
supports, or when there are identified consumers for whom no provider
will provide services and supports contained in his or her
individual program plan, the department may provide the services and
supports directly.
(h) At least annually, regional centers shall provide the
consumer, his or her parents, legal guardian, conservator, or
authorized representative a statement of services and supports the
regional center purchased for the purpose of ensuring that they are
delivered. The statement shall include the type, unit, month, and
cost of services and supports purchased.