BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2809


                                                                    Page  1





          Date of Hearing:  April 26, 2016


                        ASSEMBLY COMMITTEE ON HUMAN SERVICES


                                Susan Bonilla, Chair


          AB 2809  
          (Rodriguez) - As Amended March 18, 2016


          SUBJECT:  Developmental services:  regional centers


          SUMMARY:  Requires regional centers to pay for medical and  
          dental services during specified periods and to provide certain  
          information in the native language of consumers and other  
          designated individuals and further, requires that parental  
          hardships be considered when determining the extent of parent  
          participation for certain services. 


          Specifically, this bill:  


          1)Requires a regional center, at the beginning of each  
            individual program plan (IPP) meeting, to provide a consumer  
            and, when appropriate, other specified individuals, a list of  
            services provided by the regional center and information about  
            the appeal and complaint process in his or her native  
            language.


          2)Requires a regional center, at the end of an IPP meeting, to  
            provide a consumer and, when appropriate, other specified  
            individuals, a written list of agreed-upon services and  
            supports, including the amount and anticipated start date, and  








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            a list of any services and supports for which final agreement  
            has not been reached and for which there will be a subsequent  
            program plan meeting, as specified.


          3)Requires a regional center to provide the statement of  
            services and supports purchased for a consumer, as specified,  
            in the native language of the consumer and/or his or her  
            parents, legal guardian, conservator, or authorized  
            representative, and further requires this statement to be  
            provided, in addition to the currently-required annual notice,  
            at the time of development, scheduled review, or modification  
            of a consumer's IPP or individualized family service plan  
            (IFSP).


          4)Requires a regional center, at the time of development,  
            scheduled review, or modification of a consumer's IPP or IFSP,  
            to provide the consumer and/or other individuals with a  
            written statement and examples of pertinent documentation in  
            an understandable form and in the appropriate native  
            language(s), as specified, regarding each of the following:


             a)   Acquisition of transportation services for a minor  
               child, as specified;


             b)   Exemptions to the limitations on purchase of camping  
               services, social recreation activities, educational  
               services, and nonmedical therapies, as specified;


             c)   Exemptions to the limitations on purchase of certain  
               services for consumers ages 18 to 22 years old, as  
               specified; and


             d)   Exemptions to the limitations on purchase of respite  








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               services, as specified.


          5)Requires the regional center to accept documentation  
            demonstrating that the family of a child is unable to provide  
            transportation for that child in any written form, including  
            in the native language of the consumer or other individuals,  
            as specified.


          6)Requires an IPP planning team to, when making a determination  
            regarding exemptions for the purchase of certain services for  
            consumers ages 18 to 22, consider the standard requiring  
            regional centers to provide independent living skills services  
            to an adult consumer, consistent with his or her IPP, that  
            provide the consumer with functional skills training that  
            enables him or her to acquire or maintain skills to live  
            independently or achieve greater independence, as specified.


          7)Requires regional centers to pay for medical or dental  
            services during the following periods:


             a)   While insurance coverage is being pursued, but before a  
               denial is made;


             b)   Pending final decision on an administrative appeal, as  
               specified; and


             c)   Until the commencement of Medi-Cal, private insurance,  
               or a health care service plan.


          8)Requires a regional center, at the time of development,  
            scheduled review, or modification of a consumer's IPP or IFSP,  
            to provide the consumer and/or other individuals with a  








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            written statement and examples of pertinent documentation in  
            an understandable form and in the appropriate native  
            language(s), as specified, regarding acquisition of coverage  
            of medical and dental services during certain periods, as  
            specified.


          9)Requires the IPP or IFSP planning team, when determining the  
            extent of parent participation, to consider any relevant  
            hardships suffered by a parent or parents that may constitute  
            a barrier to the consumer accessing applied behavioral  
            analysis (ABA) or intensive behavioral intervention services  
            and that such hardships be documented in the IPP or IFSP and  
            be reviewed annually, as specified.  Further, requires the  
            regional center, if it determines that the extent of parent  
            participation should be adjusted due to a change in  
            circumstances, to provide adequate notice, as specified.


          10)Requires a regional center, at the time of development,  
            scheduled review, or modification of a consumer's IPP or IFSP,  
            to provide the consumer and/or other individuals with a  
            written statement and examples of pertinent documentation in  
            an understandable form and in the appropriate native  
            language(s), as specified, regarding the process for  
            determining the extent of parent participation and  
            demonstration of hardships. 


          EXISTING LAW:  


          1)Establishes an entitlement to services for individuals with  
            developmental disabilities under the Lanterman Developmental  
            Disabilities Services Act (Lanterman Act).  (WIC 4500 et seq.)



          2)Grants all individuals with developmental disabilities, among  








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            all other rights and responsibilities established for any  
            individual by the United States Constitution and laws and the  
            California Constitution and laws, the right to treatment and  
            habilitation services and supports in the least restrictive  
            environment.  (WIC 4502)



          3)Establishes a system of 21 nonprofit regional centers  
            throughout the state to identify needs and coordinate services  
            for eligible individuals with developmental disabilities and  
            requires the Department of Developmental Services (DDS) to  
            contract with regional centers to provide case management  
            services and arrange for or purchase services that meet the  
            needs of individuals with developmental disabilities, as  
            defined.  (WIC 4620 et seq.)



          4)Requires the development of an IPP for each regional center  
            consumer, which specifies services to be provided to the  
            consumer, based on his or her individualized needs  
            determination and preferences, and defines that planning  
            process as the vehicle to ensure that services and supports  
            are customized to meet the needs of consumers who are served  
            by regional centers.  (WIC 4512)



          5)Requires the IPP planning processes to include:



             a)   A statement of the individual's goals and objectives, a  
               schedule of the type and nature of services to be provided  
               and other information and considerations, as specified;

             b)   Review and modification, as necessary, by the regional  
               center's planning team no less frequently than every three  








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               years; and



             c)   Statewide training and review of the IPP plan creation,  
               as specified.  (WIC 4646.5)





          1)Prohibits discrimination against individuals in protected  
            classes, including national origin and ethnic group  
            identification, for purposes of providing full and equal  
            access to benefits or programs that are operated or funded by  
            the state.  (GOV 11135 et seq.)

          2)Places various requirements on regional centers to communicate  
            and provide certain written materials in a consumer's and/or  
            family's or other designated individual's native language, as  
            specified.  (GOV 95020 (g); WIC 4642 (b), 4643 (d), 4646 (h))

          3)Defines "threshold language" to mean a language that has been  
            identified as the primary language, as specified, of 3,000  
            beneficiaries or 5% of the beneficiary population, whichever  
            is lower, in an identified geographic area.  (9 CCR § 1810.410  
            (a)(3))

          4)Requires each regional center to offer, and upon request  
            provide, a written copy of the IPP to the consumer and, when  
            appropriate, to his or her parents, legal guardian or  
            conservator, or authorized representative within 45 days of  
            his, her, or their request in a threshold language, as defined  
            by paragraph (3) of subdivision (a) of Section 1810.410 of  
            Title 9 of the California Code of Regulations.  (WIC 4646.5  
            (a)(5))











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          5) Provides for exemptions to certain service limitations, as  
            specified, related to: transportation for minors; camping  
            services, social recreation activities, educational services,  
            and nonmedical therapies; certain services for consumers ages  
            18 to 22 years old; and respite services.  (WIC 4648.35,  
            4648.5, 4648.55, 4686.5)



          6)Authorizes regional centers to pay for medical or dental  
            services pending pursuit or appeal with Medi-Cal, private  
            insurance, or other health care plan.  (WIC 4659 (d))



          7)Defines "parent participation" for purposes of ABA or  
            intensive behavioral intervention services to include, but not  
            be limited to: completion of group instruction on the basics  
            of behavior intervention; implementation of intervention  
            strategies, according to the intervention plan; collection of  
            data on behavioral strategies and submission of that data, as  
            specified; and participation in any needed clinical meetings.   
            (WIC 4686.2 (d)(4))



          8)Requires any vendor who provides ABA or intensive behavioral  
            intervention services to design an intervention plan that  
            includes, among other things, the parent participation needed  
            to achieve the consumer's goals and objectives as set forth in  
            the IPP.  (WIC 4686.2 (a)(2))



          9)Requires regional centers to only purchase ABA or intensive  
            behavioral intervention services when the parent(s) of minor  
            consumers receiving services participate in the intervention  
            plan for the consumers.  (WIC 4686.2 (b)(2))
          FISCAL EFFECT:  Unknown.








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          COMMENTS:  


          Developmental services:  The Lanterman Act (WIC § 4500 et seq.)  
          guides the provision of services and supports for Californians  
          with developmental disabilities.  Each individual under the Act,  
          typically referred to as a "consumer," is legally entitled to  
          treatment and habilitation services and supports in the least  
          restrictive environment.  Lanterman Act services are designed to  
          enable all consumers to live more independent and productive  
          lives in the community. 


          The term "developmental disability" means a disability that  
          originates before an individual attains 18 years of age, is  
          expected to continue indefinitely, and constitutes a substantial  
          disability for that individual.  It includes intellectual  
          disabilities, cerebral palsy, epilepsy, and autism spectrum  
          disorders (ASD).  Other developmental disabilities are those  
          disabling conditions similar to an intellectual disability that  
          require treatment (i.e., care and management) similar to that  
          required by individuals with an intellectual disability.  





          Direct responsibility for implementation of the Lanterman Act  
          service system is shared by the Department of Developmental  
          Services (DDS) and 21 regional centers, which are private  
          nonprofit entities, established pursuant to the Lanterman Act,  
          that contract with DDS to carry out many of the state's  
          responsibilities under the Act.  The 21 regional centers serve  
          approximately 290,000 consumers, providing services such as  
          residential placements, supported living services, respite care,  
          transportation, day treatment programs, work support programs,  
          and various social and therapeutic activities.  Approximately  








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          1,005 consumers reside at one of California's three  
          Developmental Centers-and one state-operated, specialized  
          community facility-which provide 24-hour habilitation and  
          medical and social treatment services.  





          Services provided to people with developmental disabilities are  
          outlined in an IPP, which is developed by the IPP  
          team-including, among others, the consumer, his or her legally  
          authorized representative, and one or more regional center  
          representatives-and is based on the consumer's needs and  
          choices.  The Lanterman Act requires that the IPP promote  
          community integration and maximize opportunities for each  
          consumer to develop relationships, be part of community life,  
          increase control over his or her life, and acquire increasingly  
          positive roles in the community.  The IPP must give the highest  
          preference to those services and supports that allow minors to  
          live with their families and adults to live as independently as  
          possible in the community. 





          In July of 2009, a number of state budget cuts were adopted in  
          response to the budget shortfall resulting in large part from  
          the national economic crisis.  DDS had to make a number of cuts  
          at this time; the department worked with stakeholders to  
          identify over $300 million in General Fund savings.  Examples of  
          some of the many actions taken include: limiting transportation  
          for minor children to when the family provides documentation  
          that they cannot provide transportation themselves; suspending  
          the purchase of camping services, certain social recreation  
          activities, educational services, and non-medical therapies,  
          except in cases where exemptions are granted; restricting the  
          amount of respite services that may be purchased, except in  








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          cases where exemptions are granted; and providing for a standard  
          that parent participation is critical to the success of the  
          intervention plan and requiring regional centers to purchase ABA  
          or intensive behavioral intervention services only when the  
          parent agrees to participate in the intervention plan.





          Threshold languages:  Including English, 207 languages are  
          spoken in the state.  The California Code of Regulations   (9  
          CCR § 1810.410 (a)(3)) defines "threshold language" to mean a  
          language that has been identified as the primary language, as  
          specified, of 3,000 beneficiaries or 5% of the beneficiary  
          population, whichever is lower, in an identified geographic  
          area.  A 2015 Budget Trailer bill (SB 82 (Senate Committee on  
          Budget and Fiscal Review), Chapter 23, Statutes of 2015), among  
          other things, required each regional center to offer, and upon  
          request provide, a written copy of the IPP to the consumer and,  
          when appropriate, his or her parents, legal guardian or  
          conservator, or authorized representative within 45 days of the  
          request in a threshold language.


          For each regional center catchment area, the threshold  
          languages are defined by the county or counties served by  
          that regional center.  Below are the threshold languages (and  
          the percentage of the population speaking that language as  
          their primary language) for a sample of California counties,  
          as of May 2014:





            Alameda County: Spanish (24.5%), Cantonese (5.8%), Vietnamese  
          (2.7%), Mandarin (1.5%)









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            Contra Costa County: Spanish (29.1%)





            Kern County: Spanish (34%)





            Los Angeles County: Spanish (42%), Armenian (2.3%), Cantonese  
          (1.1%), Korean (1%), 


               Vietnamese (0.9%), Mandarin (0.9%), Farsi (0.5%), Tagalog  
               (0.4%), Russian (0.4%), Cambodian (0.3%), Other Chinese  
               (0.3%), Arabic (0.2%)





            Monterey County: Spanish (58.5%)





            San Diego County: Spanish (32.3%), Arabic (2.8%), Vietnamese  
          (1.9%), Tagalog (1.2%)











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            Santa Cruz County:  Spanish (48.8%)





            Solano County: Spanish (22.7%)

















          Recent special session actions:  The Governor convened a special  
          legislative session in June 2015 to address, among other things,  
          funding rate increases for community service providers of  
          services for individuals with developmental disabilities.  One  
          result of that special session was the passage of ABX2 1  
          (Thurmond), Chapter 3, Statutes of 2016, signed by the Governor  
          on March 1 of this year, which appropriated $287 million General  
          Fund to regional centers and community services providers in  
          2016-17 in additional to leveraging an estimated $186 million in  
          federal funding.  Approximately 60% of the General Fund spending  
          is marked for rate increases to go towards salaries and benefits  
          for staff that provide direct care to consumers.  Among other  
          spending augmentations, ABX2 1 also included a fixed  








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          appropriation of $11 million to promote equity and reduce  
          disparities in the purchase of services, to be used for  
          activities such as cultural competency training, parent  
          education, and supporting bilingual regional center staff.


          Need for this bill:  According to the author, "For people with  
          developmental disabilities, health disparities can result in  
          significant health, social, and economic consequences.   
          California's diverse language and ethnic communities account for  
          about 60% of its population.  In recent years, access to  
          developmental services has been significantly limited due to  
          severe budget cuts, with minority populations particularly  
          adversely affected.  In 2011, a Los Angeles Times series  
          reported significant disparities in the funding of developmental  
          services based on race, ethnicity, and language.  Consumers and  
          family members who are limited English proficient have the right  
          to culturally and linguistically competent information about  
          accessing developmental services available through regional  
          centers, including information on the process for obtaining  
          certain services through statutory exemptions and meeting other  
          affirmative requirements.  Additionally, the level of parent  
          participation required to access intensive behavioral  
          intervention services is often too burdensome to meet for some  
          families who are low-income and/or who are limited English  
          proficient, and the law should provide for some flexibility in  
          authorizing for these services by accounting for hardship  
          factors."


          Staff comments:  Ensuring that consumers of services for  
          individuals with developmental disabilities receive  
          communications in the appropriate languages is an important  
          goal.  Steps in recent years - including the passage SB 555  
          (Correa), Chapter 685, Statutes of 2013 and SB 82 (Senate  
          Committee on Budget and Fiscal Review), Chapter 23, Statutes of  
          2015 - have made headway toward this goal.  This bill seeks to  
          provide additional materials in consumers', and their families'  
          and other designated individuals', native languages.  With 206  








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          languages currently spoken in California in addition to English,  
          this could place significant strain on resources and  
          substantially heighten related administrative duties for  
          regional centers - all at a time when, in the wake the passage  
          of the special session bill (ABX2 1 (Thurmond), Chapter 3,  
          Statutes of 2016), attention is being directed towards how to  
          best use augmented funds to the greatest benefit for consumers.   
          Additionally, requiring regional centers to pay for medical and  
          dental services pending pursuit or appeal with Medi-Cal, private  
          insurance, or other health care plan, would only place further  
          strain on regional centers.  From both a policy and fiscal  
          standpoint, it is important to judiciously weigh any new  
          requirements and obligations placed on the regional center  
          system as the state prepares for rate increases and other  
          changes.


          Recommended amendments:  In order to address the issues raised  
          above, committee staff recommends: 1) striking provisions of  
          this bill that require regional centers to pay for medical or  
          dental services pending pursuit or appeal with Medi-Cal, private  
          insurance, or other health care plan, and 2) narrowing the  
          requirements this bill places on regional centers to provide  
          certain documents in native languages to instead require the  
          provision of the following in threshold languages, as  
          appropriate: information on appeals and complaints, the  
          consumer's annual statement of services and supports, and a  
          document providing information on exceptions/exemptions to  
          certain service limitations and how to pursue those  
          exceptions/exemptions.  Therefore, committee staff recommends  
          the following amendments:


          1)Strike the following: lines 23 through 30 on page 4; lines 4  
            through 12 on page 18; lines 27 through 38 on page 19; lines 3  
            through 10 on page 23; and lines 8 through 16 on page 25.











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          2)Make the following amendments starting on line 17 of page 4 of  
                                                                         the bill:



              17


            (6)At the beginning of each individual program plan meeting, 


              18


          the regional center shall provide a consumer and, when 
              19


          appropriate, his or her parents, legal guardian, conservator, or  

              20


          authorized representative  a list of services provided by the  
          regional  
              21


           center and  information about the appeal and complaint process 
              22


          in  threshold languages, as appropriate, and as defined by  
          paragraph (3) of subdivision (a) of Section 1810.410 of Title 9  
          of the California Code of Regulations.   his or her native  
          language.  











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          3)Make the following amendments starting on line 8 of page 16 of  
            the bill:



               8


            (h)At least annually,  and at the time of development,  
          scheduled  


               9


           review, or modification of a consumers individual program plan 
               10


             or individualized family service plan,  regional centers shall  
          provide 
              11


          the consumer, his or her parents, legal guardian, conservator,  
          or 
              12


          authorized representative a statement of services and supports  
          the 
              13


          regional center purchased for the purpose of ensuring that they  
          are 
              14








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          delivered.  The statement shall include the type, unit, month,  
          and 
              15


          cost of services and supports purchased.  The regional center  
          shall 
              16


           provide that statement in the native language of the   make that  
          statement available in threshold languages, as appropriate, and  
          as defined by paragraph (3) of subdivision (a) of Section  
          1810.410 of Title 9 of the California Code of Regulations, to  
          the  consumer or 
              17


          his or her parents, legal guardian, conservator, or authorized 
              18


          representative, or both.



          4)Make the following amendments starting on line 3 of page 17 of  
            the bill:



               3


          the child.  At the time of development, scheduled review, or  










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               4


           modification of a consumer's individual program plan or 
                5


           individualized family service plan, the regional center shall 
                6


           provide, in a non-technical, understandable form and in the  
          native 
               7


           language of the consumer or his or her parents, legal guardian, 
                8


           conservator, or authorized representative, or both, a written 
                9


           statement of the requirement described in this subdivision and 
               10


           examples of sufficient written documentation that may be  
          submitted.  
              11


           The regional center shall accept documentation submitted  
          pursuant 
               12


           to this subdivision in any written form, including in the native  








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               13


           language of the consumer or his or her parents, legal guardian, 
               14


           conservator, or authorized representative.
           5)Make the following amendments starting on line 25 of page 19  
            of the bill:



              25


          to meet the consumer's need.  The consumer shall be informed of 


               26


           the exemption and the process for obtaining an exemption.    The  
          consumer shall be informed of the exemption and the process for  
          obtaining an exemption.  

          6)Make the following amendments starting on line 39 of page 20  
            of the bill:

              31


            (d)(1)Effective July 1, 2009, notwithstanding any other law 
              32


          or regulation, a regional center shall not purchase medical or  
          dental 








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              33


          services for a consumer three years of age or older unless the 
              34


          regional center is provided with documentation of a Medi-Cal, 
              35


          private insurance, or a health care service plan denial and the 
              36


          regional center determines that an appeal by the consumer or  
          family 
              37


          of the denial does not have merit. If, on July 1, 2009, a  
          regional 
              38


          center is purchasing the service as part of a consumer's IPP,  
          this 
              39


          provision shall take effect on August 1, 2009.  At the time of 
               40


           development, scheduled review, or modification of a consumer's 
           
          P21    
               1









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           individual program plan or individualized family service plan,  
          the 
                2


           regional center shall provide, in a non-technical,  
          understandable 
                3


           form and in the native language of the consumer or his or her 
                4


           parents, legal guardian, conservator, or authorized  
          representative, 
                5


           or both, a written statement describing the documentation  
          required 
                6


           pursuant to this paragraph.  Regional centers  may   may   shall  pay  
          for 
               7


          medical or dental services during the following periods:
               8


            (A)While coverage is being pursued, but before a denial is 
               9


          made.








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              10


            (B)Pending a final administrative decision on the  
          administrative 
              11


          appeal if the family has provided to the regional center a 
              12


          verification that an administrative appeal is being pursued.
              13


            (C)Until the commencement of services by Medi-Cal, private 
              14


          insurance, or a health care service plan.






          7)Insert the following language into the bill:



           At the time of development, scheduled review, or modification of  
          a consumers individual program plan or individualized family  
          service plan, the regional center shall make available, in a  
          non-technical, understandable form and in threshold languages,  
          as appropriate, and as defined by paragraph (3) of subdivision  
          (a) of Section 1810.410 of Title 9 of the California Code of  
          Regulations, for the consumer or his or her parents, legal  
          guardian, conservator, or authorized representative, or both, a  








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          document describing all of the following exceptions and  
          exemptions to service limitations and the process for obtaining  
          each exception and exemption:  


          


              1)   The exception described in subdivision (d) of Section  
               4648.35  
              2)   The exemption described in subdivision (c) of Section  
               4648.5  


              3)   The exemption described in subdivision (d) of Section  
               4648.55  


              4)   The exemption described in subparagraph (A) of paragraph  
               (3) of subdivision (a) of Section 4686.5.  


          RELATED AND PRIOR LEGISLATION


          SB 1034 (Mitchell), among other things, would prohibit lack of  
          parent or caregiver participation from being used to deny or  
          reduce medically necessary behavioral health treatment, as  
          specified.  This bill was heard in the Senate Health Committee  
          on April 20th.  


          ABX2 1 (Thurmond), Chapter 3, Statutes of 2016, among other  
          things, implemented targeted rate increases for the  
          community-based developmental services system.


          SB 82 (Senate Committee on Budget and Fiscal Review), Chapter  
          23, Statutes of 2015, among other things, required each regional  








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          center to offer, and upon request provide, a written copy of the  
          IPP to the consumer and, when appropriate, his or her parents,  
          legal guardian or conservator, or authorized representative  
          within 45 days of his, her, or their request in a threshold  
          language, as defined, and further required the department and  
          regional centers to annually collaborate to compile data on the  
          number of instances in which an IPP was provided in this manner.  



          SB 555 (Correa), Chapter 685, Statutes of 2013, placed various  
          requirements on regional centers to communicate and provide  
          certain written materials in a consumer's and/or family's or  
          other designated individual's native language, as specified.


          AB 9 X4 (Evans), Chapter 9, Statutes of 2009, contained  
          necessary changes to enact modifications to the 2009 Budget Act,  
          including, but not limited to, suspending and limiting certain  
          services for regional center consumers.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Crystal Stairs, Inc.


          Disability Rights California


          Public Counsel - co-sponsor










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          Special Needs Network - co sponsor


          State Council on Developmental Disabilities 




          Opposition


          Association of Regional Center Agencies (ARCA)




          Analysis Prepared by:Daphne Hunt / HUM. S. / (916) 319-2089