BILL ANALYSIS Ó
SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW
Senator Mark Leno, Chair
2015 - 2016 Regular
Bill No: AB 109 Hearing Date: June 18,
2015
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|Author: |Committee on Budget |
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|Version: |January 9, 2015 Introduced |
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|Urgency: |Yes |Fiscal: |Yes |
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|Consultant|Peggy Collins |
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Subject: Budget Act of 2015.
Summary: AB 109 is the developmental services trailer bill to the Budget
Act of 2015.
Proposed
Law: AB 109 makes the following statutory changes, related to
developmental services, necessary to implement the 2015 budget
act.
1. Sick Leave Requirements. Authorizes rate adjustments to
reflect the costs associated with the implementation of AB
1522 (Gonzalez), Chapter 319, Statutes of 2014, for
community-based service programs that do not currently
provide sick leave benefits to employees.
2. Fair Labor Standards Act. Current law provides for a
rate increase to supported living providers, in-home
respite providers and personal assistants upon the
implementation of federal FLSA regulations regarding
overtime pay. This bill would require DDS, upon the
implementation of these regulations, to consult with system
stakeholders to evaluate the impact of the regulations on
consumers and providers.
3. Disparities in Service Delivery. Requires regional
centers to provide a written copy of an individual program
plan (IPP) to a consumer or other specified individuals in
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a threshold language, if requested, within 45 days.
Requires regional centers to report on the number of
instances when the provision of a written IPP to a consumer
or other specified individuals in a non-threshold language
has exceeded 60 days. Requires regional center performance
contracts to include the measurement of progress in
reducing disparities. Requires the department to consult
with stakeholders to interpret data, identify barriers to
equitable access to services, and develop recommendations.
Requires the department to report on the above efforts
during the 2016-17 budget process.
4. Institutions for Mental Disease (IMD). Clarifies the
responsibility of a regional center when a consumer is
placed in an IMD, regardless of who makes the placement.
Requires an IMD to notify a regional center when it is
known that a person placed in the facility is a regional
center consumer. Requires the collection and reporting of
specified information regarding consumers placed in IMDs.
5. Enhanced Behavioral Supports Homes. Current law creates
a pilot program, until January 1, 2020, to provide enhanced
behavioral supports in a homelike community setting.
Current law limits DDS approval to six such homes in each
fiscal year. This bill removes the six home limitation.
6. Self-Determination Program. Clarifies that persons
moving from a developmental center are eligible to
participate in the self-determination program and allows
the Department of Finance, upon the request of DDS, and
following notification to the Joint Legislative Budget
Committee, to increase the number of participants above the
existing 2,500 cap.
7. Delayed Egress/Secured Perimeter Community Facilities.
Removes requirement that these facilities be eligible for
federal funding participation; caps number of total beds
that can be developed statewide at 150; requires a minimum
of 50 beds for persons deemed incompetent to stand trial
(IST); generally limits the number of beds per facility to
six, except one half of the facilities serving IST
placements may be up to 15 beds; makes other changes
relative to health and safety safeguards.
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8. Porterville Developmental Center (PDC) - Secured
Treatment Program/Transitional Treatment Program.
Increases the cap on beds in the Secured Treatment Program
at PDC from 170 to 211. Maintains the cap on beds in the
Transitional Treatment Program at 60. Clarifies who can be
served in these programs and the activities that will occur
related to transition planning. Requires the department to
report to the Legislature, on March 1, 2016, on these
residents.
9. Developmental Center Closure Plan(s). Existing law
requires that whenever DDS proposes the closure of a
developmental center, it must submit a detailed plan to the
Legislature no later than April 1 immediately prior to the
fiscal year in which the plan is to be implemented. This
bill expands the requirements of that plan to include:
expanded discussion on alternative uses for state staff in
serving persons with developmental disabilities following a
closure; a requirement that the department confer with the
county in which the developmental center is located; a
requirement that the department consider recommendations
for the use of the developmental center property; a
description of resident characteristics; a description of
stakeholder input; a description of the unique and
specialized services provided by the developmental center;
a description of the assessment and community placement
processes; a description of how clients' rights advocacy
services will transfer from the developmental center to the
community; and a description of how the well-being of
residents will be monitored during and following a move to
the community. Additionally, this bill requires that by
October 1, 2015, the department shall submit a plan or
plans to close one or more developmental centers. This
plan shall meet the criteria described above and must be
posted on the department's website. States that the plan
may be modified during the legislative review process,
including changes based on stakeholder and
county-designated advisory group comments. States that
implementation of the plan is contingent upon legislative
approval as part of the legislative budget process during
the 2016-17 Regular Session of the Legislature. Authorizes
the department to develop community resources and engage in
activities for transitioning developmental center residents
to the community, utilizing funds provided in the budget
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act for this purpose. Requires the department to provide
quarterly updates to legislative staff throughout the
closure process.
10. Developmental Center Closure Savings. States
Legislative intent that General Fund savings derived from
the closure of state developmental centers benefit persons
with developmental disabilities living in the community.
Requires DDS to display annually in its budget estimates
all General Fund savings or gains reasonably associated
with the downsizing or closure of a developmental center
and all community development funds reasonably associated
with the downsizing or closure of a developmental center,
including the costs associated with the development and
provision of services and supports for persons moving from
a developmental center or at risk of institutionalization.
11. Housing on Developmental Center Property. Allows the
director of General Services, with the consent of the
director of DDS, to lease up to 20 acres located within the
grounds of Fairview Developmental Center for a period not
to exceed 55 years, for the purpose of a housing
development. A minimum of 20 percent of the housing units
would be required to be available and affordable to persons
with developmental disabilities served by a regional
center. Lease revenues or other proceeds under the lease
would be utilized by the DDS to support individuals with
developmental disabilities, including rent subsidizes.
Requires DDS, or its designee, to provide management
oversight and administration over the housing for persons
with developmental disabilities, and sets other
requirements.
12. Appropriation. Appropriates $61.5 million General Fund
for shortfalls in 2011-12 and 2012-13 fiscal years. The
shortfalls are the result of an overestimate of
reimbursements not adjusted for cost-containment proposals
enacted during those fiscal years and lower than
anticipated savings from the private insurance coverage of
behavioral health therapy required by SB 946 (Steinberg),
Chapter 650, Statutes of 2011.
Fiscal
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Effect: This bill includes an appropriation of $61.5 million General
Fund for the purpose described above. Funding for other costs
associated with this bill is included in the 2015 budget act.
Support: None on file.
Opposed: None on file.
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