BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1606|
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                                   THIRD READING 


          Bill No:  AB 1606
          Author:   Committee on Budget   
          Amended:  6/13/16 in Senate
          Vote:     21 

           SENATE BUDGET AND FISCAL REVIEW COMMITTEE:  14-1, 6/15/16
           AYES:  Leno, Nielsen, Anderson, Beall, Block, Glazer, Hancock,  
            Mitchell, Monning, Nguyen, Pan, Pavley, Stone, Wolk
           NOES:  Moorlach
           NO VOTE RECORDED:  Allen, Roth

           ASSEMBLY FLOOR:  Not relevant

           SUBJECT:   Developmental services


          SOURCE:    Author


          DIGEST:  This bill is the omnibus developmental services trailer  
          bill, and contains changes to implement the 2016-17 Budget.


          ANALYSIS:   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  








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             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  
             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.







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           8) Reporting on Progress to Develop Residential Capacity and  
             Transition Planning. Requires regular public posting (on the  
             department's Web site) 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  
             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 ABX2 1  (Thurmond, Chapter 3, Statutes of 2015-16  
             Second Extraordinary Session) 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.  








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           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.

           14)Supplemental Budget Information. Requires the Department of  
             Developmental Services (DDS) to annually report and post on  
             its Web site 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.







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           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:   Appropriation:    Yes         Fiscal  
          Com.:YesLocal:   No


          According to the Senate Budget and Fiscal Review Committee, this  
          bill appropriates federal funds related to developmental  
          services.


          SUPPORT:   (Verified6/14/16)


          None received


          OPPOSITION:   (Verified6/14/16)


          None received


          Prepared by:Michelle Baass / B. & F.R. / (916) 651-4103







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