BILL ANALYSIS Ó
SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW
Senator Mark Leno, Chair
2015 - 2016 Regular
Bill No: AB 1606 Hearing Date: June 15,
2016
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|Author: |Committee on Budget |
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|Version: |June 13, 2016 Amended |
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|Urgency: |Yes |Fiscal: |Yes |
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|Consultant|Michelle Baass |
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Subject: Developmental services
Summary: This bill is the omnibus developmental services trailer bill,
and contains changes to implement the 2016-17 Budget.
Proposed
Law: The bill makes technical and clarifying statutory revisions
necessary to implement the Budget Act of 2016. Specifically,
this bill:
1.Exemption from Public Contract Code to Become a Regional
Center Vendor. Allows developmental center employees working
at facilities slated for closure to become service providers
prior to termination of their state employment. Currently,
state employment must be terminated prior to becoming a
vendor, resulting in a loss of income during the start-up
period, which can take up to one year.
2.Four-bed Alternative Residential Model Homes. Establishes a
rate schedule for residential community care facilities
vendored to provide services to a maximum of four persons with
developmental disabilities. Prohibits regional centers from
authorizing any residential service-level changes, if the
change would increase state costs.
3.Prevention Resources and Referral Services Program. Repeals
obsolete authority for the Prevention Resources and Referral
Services program as eligibility for the Early Start program
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was restored, effective January 1, 2015.
4.Special Managed Care Provisions for Developmental Center
Closures. Extends managed care provisions for Medi-Cal
eligible individuals at the developmental centers that
transition to the community and need coordinated medical and
specialty care as documented in their individual program plan.
These specified managed care provisions include access to
specialized medical care, enhanced case management, and
expedited enrollment services. Requires that the plan
outlining these special provisions be shared with stakeholders
prior to being finalized and be submitted to the Legislature
by December 31, 2016.
5.Plan for Crisis Services Post Developmental Center Closure.
Requires the department to provide an update to the
Legislature at the time of the 2017-18 May budget revision
regarding how the department will ensure access to crisis
services post developmental closure and how the state will
maintain its role in providing residential services to those
whom private sector vendors cannot or will not serve.
6.Reports of Incidents at Community Facilities to Advocacy
Agency. Requires that reports of injuries, death, restraint
usage, and incidents of seclusion, for example, at community
facilities be reported to the federally-mandated protection
and advocacy agency.
7.Use of Seclusion and Restraints in Community Facilities.
Limits the use of seclusion and restraints in enhanced
behavioral support homes licensed by the Department of Social
Services.
8.Reporting on Progress to Develop Residential Capacity and
Transition Planning. Requires regular public posting (on the
department's website) of progress being made to develop
residential capacity by regional center, including information
on monthly targets for movers based on transition activities
and community resource development activities) by regional
center. This monthly reporting would also include information
on why targets are not met.
9.Disparities. Requires regional centers to consult with
stakeholders regarding activities that may be effective in
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addressing disparities. Requires the department to review
requests for funding for activities related to addressing
disparities within 30 days from the receipt of the last
proposal. Requires each regional center to report to the
department how the funding allocations for activities related
to addressing disparities were used.
10.Self-Determination Program. Requires regional centers to
consult with the local volunteer advisory committee when
conducting outreach to provide information about the
Self-Determination Program and in the planning for trainings
regarding this program.
11.Special Session Clean-up. Clarifies that the rate increase
provided by AB 1 X2 (Thurmond), Chapter 3, Statutes of 2016,
applies to out-of-home respite services. Clarifies the
provisions of competitive integrated employment (CIE) to
expand participation in the workforce by providing an
incentive payment separate from supported employment services
for regional center providers that place individuals in CIE
and that, in order for a provider to receive the first
incentive payment, the individual must be employed after 30
consecutive days.
12.Minimum Wage. Implements provider rate adjustments to address
the state minimum wage increase. SB 3 (Leno), Chapter 4,
Statutes of 2016, provides for a series of scheduled increases
to the state's minimum wage such that, depending on economic
and budgetary conditions, the minimum wage would reach $15.00
per hour by January 1, 2022, after which it would be indexed
to inflation.
13.Performance Dashboard for Community Services. Establishes a
performance dashboard, requires DDS to work with stakeholders
on the development of this dashboard, and requires this
dashboard to be published annually. Metrics included in this
dashboard would include, but not be limited to:
a. Recognized quality and access measures.
b. Measures to indicate compliance with new federal
Home and Community Based Services waiver rules.
c. Measures to evaluate the changes in the number of
consumers who work in competitive integrated employment.
d. Consumer complaints.
e. Number of administrative hearings.
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14.Supplemental Budget Information. Requires DDS to annually
report and post on its website supplemental budget
information. This information would be reported by February 1
and includes:
a. Budget estimates for each developmental center,
including a break out of staffing costs for Porterville
Development Center's general treatment area and secured
treatment area.
b. For each regional center: current year estimates for
operations funding, purchase of service (POS) funding,
caseload, per capita for operations, per capita for POS.
c. By regional center, information on staff.
d. For Community Placement Program (CPP) funding: for
each regional center, past year and current year
information by component of CPP.
15.Fiscal Reporting Unit. Specifies analysis and deliverables
for the new fiscal and research unit established in the
budget. These would include an:
a. Assessment of disparities data reported by regional
centers.
b. Assessment of caseload ratio requirements by
regional center.
c. Assessment of performance dashboard data as it
becomes available.
16.Reporting on General Fund Backfill Due to Federal
Decertification. Requires DDS to report quarterly on the
estimated General Fund backfill costs as a result of the loss
of federal funds due to the decertification of intermediate
care facility units at the Sonoma Developmental Center.
Requires similar reporting if these units at the Fairview and
Porterville Developmental Centers are decertified by the
federal government in the budget year.
Fiscal
Effect: This bill appropriates federal funds related to developmental
services.
Support: None on file.
Opposed: None on file.
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