BILL ANALYSIS Ó AB 2809 Page 1 Date of Hearing: May 18, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2809 (Rodriguez) - As Amended May 4, 2016 ----------------------------------------------------------------- |Policy |Human Services |Vote:|6 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 AB 2809 Page 2 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. AB 2809 Page 3 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 AB 2809 Page 4 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%) AB 2809 Page 5 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 AB 2809 Page 6 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