BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2809


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          Date of Hearing:  May 18, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2809 (Rodriguez) - As Amended May 4, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:  This bill requires regional centers to provide certain  
          information and materials to consumers and other designated  
          individuals at the time of the development, review, or  
          modification of each Individual Program Plan (IPP) of  
          Individualized Family Service Plan (ISFP), and that the  
          information and materials be made available in threshold  
          languages. The bill further requires that parental hardships be  








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          considered and documented when determining the extent of parent  
          participation for certain services. 


          FISCAL EFFECT:


          1)One-time costs to Regional Centers to translate the statement  
            of services for FY 2016-17 (6 mos) of approximately $1.5  
            million ($1 million GF).  In 2017-18 and ongoing, the cost  
            would be $3 million ($2 million GF) plus an average growth  
            rate of individuals with a primary language other than English  
            of 4.63%


          2)One-time costs to the Department of Developmental Services of  
            approximately $14,000 (GF) to translate information about the  
            appeal and complaint process, and exceptions and exemptions,  
            into California's 13 non-English threshold languages.  
            Translation cost for Spanish is approximately $68 per hour and  
            other languages are approximately $90 per hour. Each  
            translation is estimated to take approximately 12 hours on  
            average.


          3)On-going costs of approximately $50,000 (GF) annually to  
            provide the above information in threshold languages at IPP  
            and IFSP development, modification, and review meetings.   
            Approximately 500,000 meetings occur annually. This assumes  
            the information can be provided in two pages at $0.05 per  
            page.


          4)Unknown costs, but likely in the low millions (GF), associated  
            with the parental participation hardship adjustment.  Costs  
            would be expected from the likely decreased effectiveness of  
            behavior intervention with reduced or no parent participation  
            leading to a potential need to continue those services for a  
            longer period of time.








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          COMMENTS:


          1)Purpose. According to the author, "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."
          2)Threshold languages.  Including English, 207 languages are  
            spoken in the state.  The California Code of Regulations  
            defines "threshold language" to mean a language that has been  
            identified as the primary language of 3,000 beneficiaries or  
            5% of the beneficiary population, whichever is lower, in an  
            identified geographic area.  California has 13 non-English  
            threshold languages. Existing law requires 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.  There are an estimated 24,800  
            regional center consumers with a primary language that is a  








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            threshold language other than English. The threshold  
            languages (and the percentage of the population speaking  
            that language as their primary language) for a sampling of  
            California's counties, as of May 2014, are as follows:


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



             b)   Contra Costa County: Spanish (29.1%)



             c)   Kern County: Spanish (34%)



             d)   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%)





             e)   Monterey County: Spanish (58.5%)



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



             g)   Santa Cruz County:  Spanish (48.8%)








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             h)   Solano County: Spanish (22.7%)






          1)Related Legislation. SB 1034 (Mitchell), pending on the Senate  
            Appropriations Committee's Suspense File, among other things,  
            prohibits lack of parent or caregiver participation from being  
            used to deny or reduce medically necessary behavioral health  
            treatment, as specified. 








          2)Prior Legislation.


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


             b)   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, etc.  
               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  








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               data on the number of instances in which an IPP was  
               provided in this manner. 


             c)   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.


          


          Analysis Prepared by:Jennifer Swenson / APPR. / (916)  
          319-2081