BILL NUMBER: SB 1445	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 10, 2014
	AMENDED IN SENATE  MARCH 25, 2014

INTRODUCED BY   Senator Evans

                        FEBRUARY 21, 2014

   An act to amend Section 4512 of the Welfare and Institutions Code,
relating to developmental services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1445, as amended, Evans. Developmental services: regional
centers: individual program plans: telehealth.
   Under existing law, the Lanterman Developmental Disabilities
Services Act, the State Department of Developmental Services
contracts 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, and may include, but are not limited to,
diagnosis, treatment, personal care, information and referral
services,  and  counseling  , and specialized
medical and dental care  .
   This bill would include telehealth services and supports 
among the services and supports  as part of the
specialized medical and dental care that is  authorized to be
included  as part of   in  an individual
program plan.
   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 4512 of the Welfare and Institutions Code is
amended to read:
   4512.  As used in this division:
   (a) "Developmental disability" means a disability that originates
before an individual attains 18 years of age; continues, or can be
expected to continue, indefinitely; and constitutes a substantial
disability for that individual. As defined by the Director of
Developmental Services, in consultation with the Superintendent of
Public Instruction, this term shall include intellectual disability,
cerebral palsy, epilepsy, and autism. This term shall also include
disabling conditions found to be closely related to intellectual
disability or to require treatment similar to that required for
individuals with an intellectual disability, but shall not include
other handicapping conditions that are solely physical in nature.
   (b) "Services and supports for persons with developmental
disabilities" means specialized services and supports or special
adaptations of generic services and supports directed toward the
alleviation of a developmental disability or toward the social,
personal, physical, or economic habilitation or rehabilitation of an
individual with a developmental disability, or toward the achievement
and maintenance of independent, productive, and normal lives. The
determination of which services and supports are necessary for each
consumer shall be made through the individual program plan process.
The determination shall be made on the basis of the needs and
preferences of the consumer or, when appropriate, the consumer's
family, and shall include consideration of a range of service options
proposed by individual program plan participants, the effectiveness
of each option in meeting the goals stated in the individual program
plan, and the cost-effectiveness of each option. Services and
supports listed in the individual program plan may include, but are
not limited to,  telehealth services and support, as defined
in Section 2290.5 of the Business and Professions Code, 
diagnosis, evaluation, treatment, personal care, day care,
domiciliary care, special living arrangements, physical,
occupational, and speech therapy, training, education, supported and
sheltered employment, mental health services, recreation, counseling
of the individual with a developmental disability and of his or her
family, protective and other social and sociolegal services,
information and referral services, follow-along services, adaptive
equipment and supplies, advocacy assistance, including self-advocacy
training, facilitation and peer advocates, assessment, assistance in
locating a home, child care, behavior training and behavior
modification programs, camping, community integration services,
community support, daily living skills training, emergency and crisis
intervention, facilitating circles of support, habilitation,
homemaker services, infant stimulation programs, paid roommates, paid
neighbors, respite, short-term out-of-home care, social skills
training, specialized medical and dental care,  including
telehealth services and support, as defined in Section 2290.5 of the
Business and Professions Code,  supported living arrangements,
technical and financial assistance, travel training, training for
parents of children with developmental disabilities, training for
parents with developmental disabilities, vouchers, and transportation
services necessary to ensure delivery of services to persons with
developmental disabilities. Nothing in this subdivision is intended
to expand or authorize a new or different service or support for any
consumer unless that service or support is contained in his or her
individual program plan.
   (c) Notwithstanding subdivisions (a) and (b), for any organization
or agency receiving federal financial participation under the
federal Developmental Disabilities Assistance and Bill of Rights Act
of 2000,  Chapter 144 (commencing with Section 15001) of Title 42
of the United States Code,  as amended, "developmental
disability" and "services for persons with developmental disabilities"
mean the terms as defined in the federal act to the extent required
by federal law.
   (d) "Consumer" means a person who has a disability that meets the
definition of developmental disability set forth in subdivision (a).
   (e) "Natural supports" means personal associations and
relationships typically developed in the community that enhance the
quality and security of life for people, including, but not limited
to, family relationships, friendships reflecting the diversity of the
neighborhood and the community, associations with fellow students or
employees in regular classrooms and workplaces, and associations
developed through participation in clubs, organizations, and other
civic activities.
   (f) "Circle of support" means a committed group of community
members, who may include family members, meeting regularly with an
individual with developmental disabilities in order to share
experiences, promote autonomy and community involvement, and assist
the individual in establishing and maintaining natural supports. A
circle of support generally includes a plurality of members who
neither provide nor receive services or supports for persons with
developmental disabilities and who do not receive payment for
participation in the circle of support.
   (g) "Facilitation" means the use of modified or adapted materials,
special instructions, equipment, or personal assistance by an
individual, such as assistance with communications, that will enable
a consumer to understand and participate to the maximum extent
possible in the decisions and choices that  effect 
 affect  his or her life.
   (h) "Family support services" means services and supports that are
provided to a child with developmental disabilities or his or her
family and that contribute to the ability of the family to reside
together.
   (i) "Voucher" means any authorized alternative form of service
delivery in which the consumer or family member is provided with a
payment, coupon, chit, or other form of authorization that enables
the consumer or family member to choose his or her own service
provider.
   (j) "Planning team" means the individual with developmental
disabilities, the parents or legally appointed guardian of a minor
consumer or the legally appointed conservator of an adult consumer,
the authorized representative, including those appointed pursuant to
subdivision (d) of Section 4548 and subdivision (e) of Section 4705,
one or more regional center representatives, including the designated
regional center service coordinator pursuant to subdivision (b) of
Section 4640.7, any individual, including a service provider, invited
by the consumer, the parents or legally appointed guardian of a
minor consumer or the legally appointed conservator of an adult
consumer, or the authorized representative, including those appointed
pursuant to subdivision (d) of Section 4548 and subdivision (e) of
Section 4705, and including a minor's, dependent's, or ward's
court-appointed developmental services decisionmaker appointed
pursuant to Section 319, 361, or 726.
   (k) "Stakeholder organizations" means statewide organizations
representing the interests of consumers, family members, service
providers, and statewide advocacy organizations.
   (l) "Substantial disability" means the existence of significant
functional limitations in three or more of the following areas of
major life activity, as determined by a regional center, and as
appropriate to the age of the person:
   (1) Self-care.
   (2) Receptive and expressive language.
   (3) Learning.
   (4) Mobility.
   (5) Self-direction.
   (6) Capacity for independent living.
   (7) Economic self-sufficiency.
   Any reassessment of substantial disability for purposes of
continuing eligibility shall utilize the same criteria under which
the individual was originally made eligible.
   (m) "Native language" means the language normally used or the
preferred language identified by the individual and, when
appropriate, his or her parent, legal guardian or conservator, or
authorized representative.