BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2809 (Rodriguez) - Developmental services: regional centers
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|Version: June 20, 2016 |Policy Vote: HUMAN S. 4 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 1, 2016 |Consultant: Brendan McCarthy |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 2809 would require regional centers to provide
certain information to consumers or their families in "threshold
languages". The bill would prohibit regional centers from
denying behavioral services for a consumer if the consumer's
parent or caregiver does not complete a group instruction
course.
Fiscal
Impact:
Minor one-time costs for regional centers to translate
information on the existing appeals and complaints process
into the state's threshold languages (General Fund).
Ongoing costs of $25,000 per year for regional centers to
provide information on the complaints and appeals process in
threshold languages when a new individualized program plan is
adopted (usually annually) (General Fund and federal funds).
Ongoing costs of about $775,000 for regional centers to
provide the annual statement of services purchased on a
AB 2809 (Rodriguez) Page 1 of
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consumer's behalf in the threshold languages, upon request of
a consumer or guardian (General Fund and federal funds).
According to the Department, about 25,000 consumers have one
of the threshold languages as their primary language. The cost
estimate above assumes that 25% of those consumers would
request the statement to be provided in the threshold
language.
Unknown increase in the utilization of behavioral services,
potentially in the low millions per year (General Fund and
federal funds). The bill would prohibit regional centers from
denying behavioral services if a consumer's parent or guardian
did not complete a required group instruction course, if a
hardship is demonstrated. To the extent that behavioral
services are currently being denied due to noncompliance with
this requirement (or families are not requesting behavioral
services because they cannot comply with the requirement)
there would be some amount of increased utilization of
services. Because the regional centers do not track denials of
service due to this requirement, it is impossible to determine
the impact of this change. The state spends about $300 million
per year in General Fund on behavioral health services, so
even a minor increase in utilization would have costs in the
low millions per year.
Background: The Department of Developmental Services is responsible for
coordinating care and services for about 250,000 people with
developmental disabilities. The vast majority of these people
are served by 21 regional centers, which are non-profit entities
that contract with the state. The regional centers, in turn,
contract with a variety of vendors to provide direct services to
the developmentally disabled.
In the regional center system, infants or toddlers under three
years of age are required to have an individualized family
service plan which is used to direct services and supports for
the child and its family. Regional center consumers over three
years of age are required to have an individual program plan
that directs the services and supports that will be provided to
meet the consumer's needs. Both individualized family service
plans and individual program plans are developed by the regional
center staff for individual consumers to meet the consumer's
specific needs for services.
AB 2809 (Rodriguez) Page 2 of
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Under current law, the state designates "threshold languages"
based on the number of native speakers of those languages in a
county. Public programs and private entities (such as health
insurers) are required to provide certain documents to
participants in the appropriate threshold language. There are 13
threshold languages in the state.
The 2012-13 developmental services trailer bill (AB 1472,
Chapter 25 of 2012) requires the Department and the regional
centers to collect and analyze data on the utilization of
services by consumers with respect to age, race, language
spoken, and disability.
Under current law (adopted as part of the 2009 Budget Act),
regional centers shall only purchase behavioral services when
the consumer's parent or parents participate in the intervention
plan, including a requirement that the parent or parents
complete a group instruction on the basics of behavior
intervention and meet other requirements for participation.
Proposed Law:
AB 2809 would require regional centers to provide certain
information to consumers or their families in "threshold
languages". The bill prohibit regional centers from denying
behavioral services for a consumer if the consumer's parent or
caregiver does not complete a group instruction course.
Specific provisions of the bill would:
Require a regional center to provide consumers and/or their
parent or legal guardian with information on the appeal and
complaint process in the appropriate threshold language at
each individual program plan meeting (typically every year);
Upon request of a consumer or legal guardian, require a
regional center to provide the annual statement of services
purchased in the appropriate threshold language;
Prohibit a parent or caregiver's noncompletion of group
instruction on behavior intervention from being used to deny
coverage for a consumer's behavioral services, if a hardship
is demonstrated;
Require the hardship to be reviewed every six months.
Related
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Legislation: SB 1034 (Mitchell) would eliminate the existing
sunset on the health benefit mandate to cover behavioral health
treatment and would prohibit a lack of parental participation
from being used by health plans or health insurers to deny
coverage for behavioral treatment. That bill is pending in the
Assembly.
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