Amended in Assembly June 10, 2014

Amended in Senate May 27, 2014

Amended in Senate April 24, 2014

Amended in Senate April 10, 2014

Amended in Senate March 27, 2014

Senate BillNo. 1093


Introduced by Senator Liu

February 19, 2014


An act to amend Sectionsbegin delete 4519.5, 4629, and 4648 ofend deletebegin insert 4519.5 and 4629 of, and to add Section 4688.05 to,end insert 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.

begin delete

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.

end delete
begin insert

This bill would require regional centers to provide independent living skills services to an adult consumer, consistent with a consumer’s individual program plan, that provide the consumer with functional skills training that enables him or her to acquire or maintain skills to live independently in his or her own home, or to achieve greater independence while living in the home of a parent, family member, or other person.

end insert

(2) Existing law requires that contracts entered into with regional centers include annual performance objectives, including annual performance objectives that are specific, measurable, and designed 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 to be designed 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.

(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:

P3    1

SECTION 1.  

Section 4519.5 of the Welfare and Institutions
2Code
is amended to read:

3

4519.5.  

(a) The department and the regional centers shall
4annually collaborate to compile data in a uniform manner relating
5to purchase of service authorization, utilization, and expenditure
6by each regional center with respect to all of the following:

7(1) The age of consumer, categorized by the following:

8(A) Birth to age two, inclusive.

9(B) Three to 21, inclusive.

10(C) Twenty-two and older.

11(2) Race or ethnicity of the consumer.

12(3) Primary language spoken by the consumer, and other related
13details, as feasible.

14(4) Disability detail, in accordance with the categories
15established by subdivision (a) of Section 4512, and, if applicable,
16a category specifying that the disability is unknown.

17(5) Residence type, subcategorized by age, race or ethnicity,
18and primary language.

P4    1(b) The data reported pursuant to subdivision (a) shall also
2include the number and percentage of individuals, categorized by
3age, race or ethnicity, and disability, and by residence type, as set
4forth in paragraph (5) of subdivision (a), who have been determined
5to be eligible for regional center services but are not receiving
6 purchase of service funds.

7(c) By March 31, 2013, each regional center shall post the data
8described in this section that is specific to the regional center on
9its Internet Web site. Commencing on December 31, 2013, each
10regional center shall annually post this data by December 31. Each
11regional center shall maintain all previous years’ data on its Internet
12Web site.

13(d) By March 31, 2013, the department shall post the information
14described in this section on a statewide basis on its Internet Web
15site. Commencing December 31, 2013, the department shall
16annually post this information by December 31. The department
17shall maintain all previous years’ data on its Internet Web site.
18The department shall also post notice of any regional center
19stakeholder meetings on its Internet Web site.

20(e) Within three months of compiling the data with the
21department, and annually thereafter, each regional center shall
22meet with stakeholders in one or more public meetings regarding
23the data. The meeting or meetings shall be held separately from
24any meetings held pursuant to Section 4660. The regional center
25shall provide participants of these meetings with the data and any
26associated information, and shall conduct a discussion of the data
27and the associated information in a manner that is culturally and
28linguistically appropriate for that community, including providing
29alternative communication services, as required by Sections 11135
30to 11139.7, inclusive, of the Government Code and implementing
31regulations. Regional centers shall inform the department of the
32scheduling of those public meetings 30 days prior to the meeting.
33Notice of the meetings shall also be posted on the regional center’s
34Internet Web site 30 days prior to the meeting and shall be sent to
35individual stakeholders and groups representing underserved
36communities in a timely manner. Each regional center shall, in
37holding the meetings required by this subdivision, consider the
38language needs of the community and shall schedule the meetings
39at times and locations designed to result in a high turnout by the
40public and underserved communities.

P5    1(f) (1) Each regional center shall annually report to the
2department regarding its implementation of the requirements of
3this section. The report shall include, but shall not be limited to,
4all of the following:

5(A) Actions the regional center took to improve public
6attendance and participation at stakeholder meetings, including,
7but not limited to, attendance and participation by underserved
8communities.

9(B) Copies of minutes from the meeting and attendee comments.

10(C) Whether the data described in this section indicates a need
11to reduce disparities in the purchase of services among consumers
12in the regional center’s catchment area. If the data does indicate
13that need, the regional center’s recommendations and plan to
14promote equity, and reduce disparities, in the purchase of services.

15(2) Each regional center and the department shall annually post
16the reports required by paragraph (1) on its Internet Web site by
17August 31.

18

SEC. 2.  

Section 4629 of the Welfare and Institutions Code is
19amended to read:

20

4629.  

(a) The state shall enter into five-year contracts with
21regional centers, subject to the annual appropriation of funds by
22the Legislature.

23(b) The contracts shall include a provision requiring each
24regional center to render services in accordance with applicable
25provision of state laws and regulations.

26(c) (1) The contracts shall include annual performance
27objectives that shall do both of the following:

28(A) Be specific, measurable, and designed to do all of the
29following:

30(i) Assist consumers to achieve life quality outcomes.

31(ii) Achieve meaningful progress above the current baselines.

32(iii) Develop services and supports identified as necessary to
33meet identified needs, including culturally and linguistically
34appropriate services and supports.

35(B) Be developed through a public process as described in the
36department’s guidelines that includes, but is not limited to, all of
37the following:

38(i) Providing information, in an understandable form, to the
39community about regional center services and supports, including
P6    1budget information and baseline data on services and supports and
2 regional center operations.

3(ii) Conducting a public meeting where participants can provide
4input on performance objectives and using focus groups or surveys
5to collect information from the community.

6(iii) Circulating a draft of the performance objectives to the
7community for input prior to presentation at a regional center board
8meeting where additional public input will be taken and considered
9before adoption of the objectives.

10(2) In addition to the performance objectives developed pursuant
11to this section, the department may specify in the performance
12contract additional areas of service and support that require
13development or enhancement by the regional center. In determining
14those areas, the department shall consider public comments from
15individuals and organizations within the regional center catchment
16area, the distribution of services and supports within the regional
17center catchment area, and review how the availability of services
18and supports in the regional area catchment area compares with
19other regional center catchment areas.

20(d) Each contract with a regional center shall specify steps to
21be taken to ensure contract compliance, including, but not limited
22to, all of the following:

23(1) Incentives that encourage regional centers to meet or exceed
24performance standards.

25(2) Levels of probationary status for regional centers that do
26not meet, or are at risk of not meeting, performance standards. The
27department shall require that corrective action be taken by any
28regional center which is placed on probation. Corrective action
29may include, but is not limited to, mandated consultation with
30designated representatives of the Association of Regional Center
31Agencies or a management team designated by the department, or
32both. The department shall establish the specific timeline for the
33implementation of corrective action and monitor its
34implementation. When a regional center is placed on probation,
35the department shall provide the appropriate area board and the
36clients’ rights advocacy contractor identified in Section 4433 with
37a copy of the correction plan, timeline, and any other action taken
38by the department relating to the probationary status of the regional
39center.

P7    1(e) In order to evaluate the regional center’s compliance with
2its contract performance objectives and legal obligations related
3to those objectives, the department shall do both of the following:

4(1) Annually assess each regional center’s achievement of its
5previous year’s objectives and make the assessment, including
6baseline data and performance objectives of the individual regional
7centers, available to the public. The department may make a special
8commendation of the regional centers that have best engaged the
9community in the development of contract performance objectives
10and have made the most meaningful progress in meeting or
11exceeding contract performance objectives.

12(2) Monitor the activities of the regional center to ensure
13compliance with the provisions of its contracts, including, but not
14limited to, reviewing all of the following:

15(A) The regional center’s public process for compliance with
16the procedures set forth in paragraph (2) of subdivision (c).

17(B) Each regional center’s performance objectives for
18compliance with the criteria set forth in paragraphs (1) and (2) of
19subdivision (c).

20(C) Any public comments on regional center performance
21objectives sent to the department or to the regional centers, and
22soliciting public input on the public process and final performance
23standards.

24(f) The renewal of each contract shall be contingent upon
25compliance with the contract including, but not limited to, the
26performance objectives, as determined through the department’s
27evaluation.

begin delete
28

SEC. 3.  

Section 4648 of the Welfare and Institutions Code is
29amended to read:

30

4648.  

In order to achieve the stated objectives of a consumer’s
31individual program plan, the regional center shall conduct activities,
32including, but not limited to, all of the following:

33(a) Securing needed services and supports.

34(1) It is the intent of the Legislature that services and supports
35assist individuals with developmental disabilities in achieving the
36greatest self-sufficiency possible and in exercising personal
37choices. The regional center shall secure services and supports
38that meet the needs of the consumer, as determined in the
39consumer’s individual program plan, and within the context of the
40individual program plan, the planning team shall give highest
P8    1preference to those services and supports which would allow
2minors with developmental disabilities to live with their families,
3adult persons with developmental disabilities to live as
4independently as possible in the community, and that allow all
5consumers to interact with persons without disabilities in positive,
6meaningful ways.

7(2) (A) In implementing individual program plans, regional
8centers, through the planning team, shall first consider services
9and supports in natural community, home, work, and recreational
10settings. Services and supports shall be flexible and individually
11tailored to the consumer and, when appropriate, his or her family.

12(B) Independent living skills services shall be available to all
13adult consumers who live in the home of a parent, relative, or other
14person, or who live independently.

15(3) A regional center may, pursuant to vendorization or a
16contract, purchase services or supports for a consumer from any
17individual or agency which the regional center and consumer or,
18where appropriate, his or her parents, legal guardian, or
19conservator, or authorized representatives, determines will best
20accomplish all or any part of that consumer’s program plan.

21(A) Vendorization or contracting is the process for identification,
22selection, and utilization of service vendors or contractors, based
23on the qualifications and other requirements necessary in order to
24provide the service.

25(B) A regional center may reimburse an individual or agency
26for services or supports provided to a regional center consumer if
27the individual or agency has a rate of payment for vendored or
28contracted services established by the department, pursuant to this
29division, and is providing services pursuant to an emergency
30vendorization or has completed the vendorization procedures or
31has entered into a contract with the regional center and continues
32to comply with the vendorization or contracting requirements. The
33director shall adopt regulations governing the vendorization process
34to be utilized by the department, regional centers, vendors and the
35individual or agency requesting vendorization.

36(C) Regulations shall include, but not be limited to: the vendor
37application process, and the basis for accepting or denying an
38application; the qualification and requirements for each category
39of services that may be provided to a regional center consumer
40through a vendor; requirements for emergency vendorization;
P9    1procedures for termination of vendorization; the procedure for an
2individual or an agency to appeal any vendorization decision made
3by the department or regional center.

4(D) A regional center may vendorize a licensed facility for
5exclusive services to persons with developmental disabilities at a
6capacity equal to or less than the facility’s licensed capacity. A
7facility already licensed on January 1, 1999, shall continue to be
8vendorized at their full licensed capacity until the facility agrees
9to vendorization at a reduced capacity.

10(E) Effective July 1, 2009, notwithstanding any other law or
11regulation, a regional center shall not newly vendor a State
12Department of Social Services licensed 24-hour residential care
13facility with a licensed capacity of 16 or more beds, unless the
14facility qualifies for receipt of federal funds under the Medicaid
15Program.

16(4) Notwithstanding subparagraph (B) of paragraph (3), a
17regional center may contract or issue a voucher for services and
18supports provided to a consumer or family at a cost not to exceed
19the maximum rate of payment for that service or support
20established by the department. If a rate has not been established
21by the department, the regional center may, for an interim period,
22contract for a specified service or support with, and establish a
23 rate of payment for, any provider of the service or support
24necessary to implement a consumer’s individual program plan.
25Contracts may be negotiated for a period of up to three years, with
26annual review and subject to the availability of funds.

27(5) In order to ensure the maximum flexibility and availability
28of appropriate services and supports for persons with
29developmental disabilities, the department shall establish and
30maintain an equitable system of payment to providers of services
31and supports identified as necessary to the implementation of a
32consumers’ individual program plan. The system of payment shall
33include provision for a rate to ensure that the provider can meet
34the special needs of consumers and provide quality services and
35supports in the least restrictive setting as required by law.

36(6) The regional center and the consumer, or where appropriate,
37his or her parents, legal guardian, conservator, or authorized
38representative, including those appointed pursuant to subdivision
39(d) of Section 4548, subdivision (b) of Section 4701.6, or
40subdivision (e) of Section 4705, shall, pursuant to the individual
P10   1program plan, consider all of the following when selecting a
2provider of consumer services and supports:

3(A) A provider’s ability to deliver quality services or supports
4which can accomplish all or part of the consumer’s individual
5program plan.

6(B) A provider’s success in achieving the objectives set forth
7in the individual program plan.

8(C) When appropriate, the existence of licensing, accreditation,
9 or professional certification.

10(D) The cost of providing services or supports of comparable
11quality by different providers, if available, shall be reviewed, and
12the least costly available provider of comparable service, including
13the cost of transportation, who is able to accomplish all or part of
14the consumer’s individual program plan, consistent with the
15 particular needs of the consumer and family as identified in the
16individual program plan, shall be selected. In determining the least
17costly provider, the availability of federal financial participation
18shall be considered. The consumer shall not be required to use the
19least costly provider if it will result in the consumer moving from
20an existing provider of services or supports to more restrictive or
21less integrated services or supports.

22(E) The consumer’s choice of providers, or, where appropriate,
23the consumer’s parent’s, legal guardian’s, authorized
24representative’s, or conservator’s choice of providers.

25(7) No service or support provided by any agency or individual
26shall be continued unless the consumer or, where appropriate, his
27or her parents, legal guardian, or conservator, or authorized
28representative, including those appointed pursuant to subdivision
29(d) of Section 4548, subdivision (b) of Section 4701.6, or
30subdivision (e) of Section 4705, is satisfied and the regional center
31and the consumer or, when appropriate, the person’s parents or
32legal guardian or conservator agree that planned services and
33supports have been provided, and reasonable progress toward
34objectives have been made.

35(8) Regional center funds shall not be used to supplant the
36budget of any agency that has a legal responsibility to serve all
37members of the general public and is receiving public funds for
38providing those services.

39(9) (A) A regional center may, directly or through an agency
40acting on behalf of the center, provide placement in, purchase of,
P11   1or follow-along services to persons with developmental disabilities
2in, appropriate community living arrangements, including, but not
3limited to, support service for consumers in homes they own or
4 lease, foster family placements, health care facilities, and licensed
5community care facilities. In considering appropriate placement
6alternatives for children with developmental disabilities, approval
7by the child’s parent or guardian shall be obtained before placement
8is made.

9(B) Effective July 1, 2012, notwithstanding any other law or
10regulation, a regional center shall not purchase residential services
11from a State Department of Social Services licensed 24-hour
12residential care facility with a licensed capacity of 16 or more
13beds. This prohibition on regional center purchase of residential
14services shall not apply to any of the following:

15(i) A residential facility with a licensed capacity of 16 or more
16beds that has been approved to participate in the department’s
17 Home and Community Based Services Waiver or another existing
18waiver program or certified to participate in the Medi-Cal program.

19(ii) A residential facility service provider that has a written
20agreement and specific plan prior to July 1, 2012, with the
21vendoring regional center to downsize the existing facility by
22transitioning its residential services to living arrangements of 15
23beds or less or restructure the large facility to meet federal
24Medicaid eligibility requirements on or before June 30, 2013.

25(iii) A residential facility licensed as a mental health
26rehabilitation center by the State Department of State Hospitals or
27successor agency under any of the following circumstances:

28(I) The facility is eligible for Medicaid reimbursement.

29(II) The facility has a department-approved plan in place by
30June 30, 2013, to transition to a program structure eligible for
31federal Medicaid funding, and this transition will be completed by
32June 30, 2014. The department may grant an extension for the date
33by which the transition will be completed if the facility
34demonstrates that it has made significant progress toward transition,
35and states with specificity the timeframe by which the transition
36will be completed and the specified steps that will be taken to
37accomplish the transition. A regional center may pay for the costs
38of care and treatment of a consumer residing in the facility on June
3930, 2012, until June 30, 2013, inclusive, and, if the facility has a
40department-approved plan in place by June 30, 2013, may continue
P12   1to pay the costs under this subparagraph until June 30, 2014, or
2until the end of any period during which the department has granted
3an extension.

4(III) There is an emergency circumstance in which the regional
5center determines that it cannot locate alternate federally eligible
6services to meet the consumer’s needs. Under such an emergency
7circumstance, an assessment shall be completed by the regional
8center as soon as possible and within 30 days of admission. An
9individual program plan meeting shall be convened immediately
10following the assessment to determine the services and supports
11needed for stabilization and to develop a plan to transition the
12consumer from the facility into the community. If transition is not
13expected within 90 days of admission, an individual program plan
14meeting shall be held to discuss the status of transition and to
15determine if the consumer is still in need of placement in the
16facility. Commencing October 1, 2012, this determination shall
17be made after also considering resource options identified by the
18statewide specialized resource service. If it is determined that
19emergency services continue to be necessary, the regional center
20shall submit an updated transition plan that can cover a period of
21up to 90 days. In no event shall placements under these emergency
22circumstances exceed 180 days.

23(C) (i) Effective July 1, 2012, notwithstanding any other law
24or regulation to the contrary, a regional center shall not purchase
25new residential services from, or place a consumer in, institutions
26for mental disease, as described in Part 5 (commencing with
27Section 5900) of Division 5, for which federal Medicaid funding
28is not available. Effective July 1, 2013, this prohibition applies
29regardless of the availability of federal funding.

30(ii) The prohibition described in clause (i) shall not apply to
31emergencies, as determined by the regional center, when a regional
32center cannot locate alternate services to meet the consumer’s
33needs. As soon as possible within 30 days of admission due to an
34emergency, an assessment shall be completed by the regional
35center. An individual program plan meeting shall be convened
36immediately following the assessment, to determine the services
37and supports needed for stabilization and to develop a plan to
38transition the consumer from the facility to the community. If
39transition is not expected within 90 days of admission, an
40emergency program plan meeting shall be held to discuss the status
P13   1of the transition and to determine if the consumer is still in need
2of placement in the facility. If emergency services continue to be
3necessary, the regional center shall submit an updated transition
4plan to the department for an extension of up to 90 days. Placement
5shall not exceed 180 days.

6(iii) To the extent feasible, prior to any admission, the regional
7center shall consider resource options identified by the statewide
8specialized resource service established pursuant to subdivision
9(b) of Section 4418.25.

10(iv) The clients’ rights advocate shall be notified of each
11admission and individual program planning meeting pursuant to
12this subparagraph and may participate in all individual program
13planning meetings unless the consumer objects on his or her own
14behalf.

15(v) Regional centers shall complete a comprehensive assessment
16of any consumer residing in an institution for mental disease as of
17July 1, 2012, for which federal Medicaid funding is not available,
18and for any consumer residing in an institution for mental disease
19as of July 1, 2013, without regard to federal funding. The
20comprehensive assessment shall be completed prior to the
21consumer’s next scheduled individual program plan meeting and
22shall include identification of the services and supports needed
23and the timeline for identifying or developing those services needed
24to transition the consumer back to the community. Effective
25October 1, 2012, the regional center shall also consider resource
26options identified by the statewide specialized resource service.
27For each individual program plan meeting convened pursuant to
28this subparagraph, the clients’ rights advocate for the regional
29center shall be notified of the meeting and may participate in the
30meeting unless the consumer objects on his or her own behalf.

31(D) Each person with developmental disabilities placed by the
32regional center in a community living arrangement shall have the
33rights specified in this division. These rights shall be brought to
34the person’s attention by any means necessary to reasonably
35communicate these rights to each resident, provided that, at a
36minimum, the Director of Developmental Services prepare,
37provide, and require to be clearly posted in all residential facilities
38and day programs a poster using simplified language and pictures
39that is designed to be more understandable by persons with
40cognitive disabilities and that the rights information shall also be
P14   1available through the regional center to each residential facility
2and day program in alternative formats, including, but not limited
3to, other languages, braille, and audio tapes, when necessary to
4meet the communication needs of consumers.

5(E) Consumers are eligible to receive supplemental services
6including, but not limited to, additional staffing, pursuant to the
7process described in subdivision (d) of Section 4646. Necessary
8additional staffing that is not specifically included in the rates paid
9to the service provider may be purchased by the regional center if
10the additional staff are in excess of the amount required by
11regulation and the individual’s planning team determines the
12additional services are consistent with the provisions of the
13individual program plan. Additional staff should be periodically
14reviewed by the planning team for consistency with the individual
15program plan objectives in order to determine if continued use of
16the additional staff is necessary and appropriate and if the service
17is producing outcomes consistent with the individual program plan.
18Regional centers shall monitor programs to ensure that the
19additional staff is being provided and utilized appropriately.

20(10) Emergency and crisis intervention services including, but
21not limited to, mental health services and behavior modification
22services, may be provided, as needed, to maintain persons with
23developmental disabilities in the living arrangement of their own
24choice. Crisis services shall first be provided without disrupting a
25person’s living arrangement. If crisis intervention services are
26unsuccessful, emergency housing shall be available in the person’s
27home community. If dislocation cannot be avoided, every effort
28shall be made to return the person to his or her living arrangement
29of choice, with all necessary supports, as soon as possible.

30(11) Among other service and support options, planning teams
31shall consider the use of paid roommates or neighbors, personal
32assistance, technical and financial assistance, and all other service
33and support options which would result in greater self-sufficiency
34for the consumer and cost-effectiveness to the state.

35(12) When facilitation as specified in an individual program
36plan requires the services of an individual, the facilitator shall be
37of the consumer’s choosing.

38(13) The community support may be provided to assist
39individuals with developmental disabilities to fully participate in
40community and civic life, including, but not limited to, programs,
P15   1services, work opportunities, business, and activities available to
2persons without disabilities. This facilitation shall include, but not
3be limited to, any of the following:

4(A) Outreach and education to programs and services within
5the community.

6(B) Direct support to individuals which would enable them to
7more fully participate in their community.

8(C) Developing unpaid natural supports when possible.

9(14) When feasible and recommended by the individual program
10planning team, for purposes of facilitating better and cost-effective
11services for consumers or family members, technology, including
12telecommunication technology, may be used in conjunction with
13other services and supports. Technology in lieu of a consumer’s
14in-person appearances at judicial proceedings or administrative
15due process hearings may be used only if the consumer or, when
16appropriate, the consumer’s parent, legal guardian, conservator,
17or authorized representative, gives informed consent. Technology
18may be used in lieu of, or in conjunction with, in-person training
19for providers, as appropriate.

20(15) Other services and supports may be provided as set forth
21in Sections 4685, 4686, 4687, 4688, and 4689, when necessary.

22(16) Notwithstanding any other law or regulation, effective July
231, 2009, regional centers shall not purchase experimental
24treatments, therapeutic services, or devices that have not been
25clinically determined or scientifically proven to be effective or
26safe or for which risks and complications are unknown.
27Experimental treatments or therapeutic services include
28experimental medical or nutritional therapy when the use of the
29product for that purpose is not a general physician practice. For
30regional center consumers receiving these services as part of their
31individual program plan (IPP) or individualized family service
32plan (IFSP) on July 1, 2009, this prohibition shall apply on August
331, 2009.

34(b) (1) Advocacy for, and protection of, the civil, legal, and
35service rights of persons with developmental disabilities as
36established in this division.

37(2) Whenever the advocacy efforts of a regional center to secure
38or protect the civil, legal, or service rights of any of its consumers
39prove ineffective, the regional center or the person with
40developmental disabilities or his or her parents, legal guardian, or
P16   1other representative may request the area board to initiate action
2under the provisions defining area board advocacy functions
3established in this division.

4(c) The regional center may assist consumers and families
5directly, or through a provider, in identifying and building circles
6of support within the community.

7(d) In order to increase the quality of community services and
8protect consumers, the regional center shall, when appropriate,
9take either of the following actions:

10(1) Identify services and supports that are ineffective or of poor
11quality and provide or secure consultation, training, or technical
12assistance services for any agency or individual provider to assist
13that agency or individual provider in upgrading the quality of
14services or supports.

15(2) Identify providers of services or supports that may not be
16in compliance with local, state, and federal statutes and regulations
17and notify the appropriate licensing or regulatory authority, or
18request the area board to investigate the possible noncompliance.

19(e) When necessary to expand the availability of needed services
20of good quality, a regional center may take actions that include,
21but are not limited to, the following:

22(1) Soliciting an individual or agency by requests for proposals
23or other means, to provide needed services or supports not presently
24available.

25(2) Requesting funds from the Program Development Fund,
26pursuant to Section 4677, or community placement plan funds
27designated from that fund, to reimburse the startup costs needed
28to initiate a new program of services and supports.

29(3) Using creative and innovative service delivery models,
30including, but not limited to, natural supports.

31(f) Except in emergency situations, a regional center shall not
32provide direct treatment and therapeutic services, but shall utilize
33appropriate public and private community agencies and service
34providers to obtain those services for its consumers.

35(g) When there are identified gaps in the system of services and
36supports, or when there are identified consumers for whom no
37provider will provide services and supports contained in his or her
38individual program plan, the department may provide the services
39and supports directly.

P17   1(h) At least annually, regional centers shall provide the
2consumer, his or her parents, legal guardian, conservator, or
3authorized representative a statement of services and supports the
4regional center purchased for the purpose of ensuring that they are
5delivered. The statement shall include the type, unit, month, and
6cost of services and supports purchased.

end delete
7begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 4688.05 is added to the end insertbegin insertWelfare and Institutions
8Code
end insert
begin insert, to read:end insert

begin insert
9

begin insert4688.05.end insert  

Regional centers shall provide independent living
10skills services to an adult consumer, consistent with his or her
11individual program plan, that provide the consumer with functional
12skills training that enables him or her to acquire or maintain skills
13to live independently in his or her own home, or to achieve greater
14independence while living in the home of a parent, family member,
15or other person.

end insert


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