BILL ANALYSIS Ó AB 918 Page 1 Date of Hearing: April 22, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 918 (Mark Stone) - As Amended April 6, 2015 ----------------------------------------------------------------- |Policy |Health |Vote:|18 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill: 1)Applies existing data reporting requirements related to the AB 918 Page 2 use of seclusion or restraints, which currently apply to state institutions, to a number of licensed community facility types serving primarily elderly or developmentally disabled individuals. 2)Requires the Secretary of Health and Human Services to take steps to establish a system of mandatory, consistent, timely, and publicly accessible data collection related to this data. 3)Requires facilities to report specified data about deaths or serious injuries related to seclusion or restraints to the designated protection and advocacy agency (currently Disability Rights California (DRC)). FISCAL EFFECT: 1)Approximately $200,000 (Licensing and Certification special fund/GF) in one-time regulatory and system development costs to establish regulations detailing the forms and reporting requirements, data collection and analysis protocols, a database, training and educational materials, and a consumer-facing website. 2)Ongoing costs to maintain this data once infrastructure is established will likely be minor, assuming facilities comply with reporting requirements. If facilities don't comply, there could be cost pressure to enforce the reporting requirements or to provide additional education and training. Any cost pressure for enforcement or provider education would depend on the robustness of the activities. COMMENTS: AB 918 Page 3 1)Purpose. This bill updates reporting requirements regarding the use of seclusion and restraints of persons cared for in licensed facilities, to recognize that most people with developmental disabilities now live in community settings instead of state Developmental Centers. The author indicates the bill will have a twofold impact: data transparency itself has been shown to reduce the use of seclusion and restraints, and the data can also be used to compare facilities and identify facilities where it is more commonly used. This bill is sponsored by DRC. 2)Staff Comments. This bill could benefit from technical and clarifying amendments. The bill does not clearly mandate data be provided by facilities to the Secretary or his or her designee, but only suggests the system established by the Secretary be mandatory. The bill also requires the Secretary to "take steps" to establish a system, whereas it appears the intent is clearly to establish a system. Finally, the bill refers to "publicly accessible data collection," but it is the data itself, not its collection, that will be of use to the public. These provisions could all be clarified. In addition, if the intent is to mirror or build on an existing reporting system, this could be made more explicit. Analysis Prepared by:Lisa Murawski / APPR. / (916) 319-2081 AB 918 Page 4