BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 109|
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THIRD READING
Bill No: AB 109
Author: Committee on Budget
Amended: 6/16/15 in Senate
Vote: 21
SENATE BUDGET & FISCAL REVIEW COMMITTEE: 14-1, 6/18/15
AYES: Leno, Nielsen, Allen, Anderson, Beall, Block, Hancock,
Monning, Moorlach, Nguyen, Pan, Roth, Stone, Wolk
NOES: Mitchell
NO VOTE RECORDED: Pavley
ASSEMBLY FLOOR: Not relevant
SUBJECT: Developmental services
SOURCE: Author
DIGEST: This bill is the developmental services trailer bill to
the Budget Act of 2015.
ANALYSIS: This bill makes the following statutory changes,
related to developmental services, necessary to implement the
Budget Act of 2015.
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.
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Page 2
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 Fair Labor Standards Act regulations regarding
overtime pay. This bill requires the Department of
Developmental Services (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 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 DDS to consult with stakeholders to interpret data,
identify barriers to equitable access to services, and
develop recommendations. Requires DDS 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
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Page 3
number of participants above the existing 2,500 cap.
7) Delayed Egress/Secured Perimeter Community Facilities.
Removes the 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; and makes other changes relative to health
and safety safeguards.
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 DDS 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 DDS confer with the county in which the developmental
center is located; a requirement that DDS 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, DDS 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 DDS' website.
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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 DDS
to develop community resources and engage in activities for
transitioning developmental center residents to the
community, utilizing funds provided in the Budget Act for
this purpose. Requires DDS 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 the Department 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
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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 EFFECT: Appropriation: Yes Fiscal
Com.:YesLocal: No
SUPPORT: (Verified6/17/15)
None received
OPPOSITION: (Verified6/17/15)
None received
Prepared by:Peggy Collins / B. & F.R. / (916) 651-4103
6/18/15 18:58:49
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