SB 834,
as amended, Committee on Budget and Fiscal Review. begin deleteDevelopmental services. end deletebegin insertState employment: memorandum of understanding: Bargaining Unit 7.end insert
(1) Existing law provides that a provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees that requires the expenditure of funds does not become effective unless approved by the Legislature in the annual Budget Act.
end insertbegin insertThis bill would approve provisions of a memorandum of understanding entered into between the state employer and State Bargaining Unit 7, the California Statewide Law Enforcement Association, that require the expenditure of funds and would provide that these provisions will become effective even if these provisions are approved by the Legislature in legislation other than the annual Budget Act.
end insertbegin insertThis bill would provide that provisions of the memorandum of understanding approved by this bill that require the expenditure of funds will not take effect unless funds for those provisions are specifically appropriated by the Legislature and would authorize the state employer and the affected employee organization to meet and confer to renegotiate the affected provisions if funds for those provisions are not specifically appropriated by the Legislature. The bill would appropriate $38,611,000 in augmentation of certain items of the Budget Act of 2016, according to a specified schedule, for State Bargaining Unit 7 employee compensation for expenditure in the 2016-17 fiscal year. The bill would appropriate to the Controller from the General Fund, unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the memorandum of understanding described above if the Budget Act is not enacted on or before July 1 in the 2017-18 or 2018-19 fiscal years, as specified.
end insertbegin insert(2) The Public Employees’ Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of the Public Employees’ Retirement System, prescribes methods for calculating the state employer contribution for postemployment health care benefits for eligible retired public employees and their families and for the vesting of these benefits. PEMHCA requires the employer contribution for an employee or annuitant who is in employment or retired from state service to be adjusted by the Legislature in the annual Budget Act, as specified. PEMHCA prescribes different ways of calculating the employer contributions for employees and annuitants depending on date of hire, years of service, and bargaining unit.
end insertbegin insertThis bill, for state employees who are first employed and become members of the retirement system on or after January 1, 2017, and are represented by State Bargaining Unit 7, as specified, would limit the employer contribution for annuitants to 80% of the weighted average of the health benefit plan premiums for an active employee enrolled for self-alone, during the benefit year to which the formula is applied, for the 4 health benefit plans with the largest state civil service enrollment, as specified. The bill would similarly limit the employer contribution for an enrolled family member of an annuitant to 80% of the weighted average of the additional premiums required for enrollment of those family members during the benefit year to which the formula is applied and would provide the same limit on employer contributions for annuitants enrolled in Medicare health benefit plans.
end insertbegin insert(3) PEMHCA requires state employees to have a specified number of years of state service, depending on hiring date and other factors, before they may receive any portion of the employer contribution payable for annuitants for postretirement health benefits and increases the percentage they may receive based upon additional years of service.
end insertbegin insertThis bill would prohibit state employees who are first employed and become members of the retirement system on or after January 1, 2017, and are represented by State Bargaining Unit 7, as specified, from receiving any portion of the employer contribution payable for annuitants unless the person is credited with at least 15 years of state service at the time of retirement. The bill would prescribe the percentage of the employer contribution payable for postretirement health benefits for these employees based on the number of completed years of credited state service at retirement, with 50% after 15 credited years of service and 100% after 25 or more years of service.
end insertbegin insert(4) PEMHCA generally requires that an employee or annuitant who is enrolled in, or whose family member is enrolled in, a Medicare health benefit plan be paid the amount of the Medicare Part B premiums, as specified, and prohibits this payment from exceeding the difference between the maximum employer contribution and the amount contributed by the employer toward the cost of premiums for the health benefit plan in which the employee or annuitant and his or her family members are enrolled. Existing law excepts from this requirement state employees who are first employed and become members of the retirement system on or after specified dates and are represented by specified state bargaining units.
end insertbegin insertThis bill would also except from the requirement described above state employees who are first employed and become members of the retirement system on or after January 1, 2017, and are represented by State Bargaining Unit 7, as specified.
end insertbegin insert(5) PEMHCA establishes the Public Employees’ Contingency Reserve Fund for the purpose of funding health benefits and funding administrative expenses. PEMHCA establishes the Annuitants’ Health Care Coverage Fund, which is continuously appropriated, for the purpose of prefunding health care coverage for annuitants, including administrative costs. PEMHCA defines “prefunding” for these purposes. Existing law requires the state and employees of State Bargaining Unit 9, 10, or 12 to prefund retiree health care with the goal of reaching a 50% cost sharing of normal costs by July 1, 2019, and prescribes schedules of contribution percentages in this regard.
end insertbegin insertThis bill would require the state and employees of State Bargaining Unit 7 to prefund retiree health care with the goal of reaching a 50% cost sharing of normal costs by July 1, 2019, and would prescribe a schedule of contribution percentages in this regard, with the contributions to be deposited in the Annuitants’ Health Care Coverage Fund. By depositing new revenue in a continuously appropriated fund, this bill would make an appropriation.
end insertbegin insert(6) Existing law, the State Employees’ Dental Care Act, authorizes the state to enter into contracts, upon negotiations with employee organizations, with carriers for dental care plans for employees, annuitants, and eligible family members. Existing law permits these plans to include premiums to be paid by employees and annuitants and also authorizes the plans to be self-funded if an employer determines it to be cost effective. Existing law prohibits specified employees from receiving an employer contribution for these benefits for annuitants unless the person is credited with 10 or more years of state service or for other specified employees unless the person is credited with 15 or more years of state service.
end insertbegin insertThis bill would prohibit state employees, as specified, who are first employed and become members of the retirement system on or after January 1, 2017, and are represented by State Bargaining Unit 7 from receiving an employer contribution for dental benefits, as described above, for annuitants unless the person is credited with 15 or more years of state service. The bill would prescribe the percentage of the employer contribution payable for these dental benefits for these employees based on the number of completed years of credited state service at retirement, with 50% after 15 credited years of service and 100% after 25 or more years of service.
end insertbegin insert(7) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
end insert(1) Existing law vests in the State Department of Developmental Services jurisdiction over developmental centers for the provision of residential care to individuals with developmental disabilities, including the Sonoma Developmental Center, the Fairview Developmental Center, and the Porterville Developmental Center.
end deleteThis bill would require the department to report quarterly to the Joint Legislative Budget Committee the estimated amount of General Fund expenditures used to backfill federal funding as a result of the decertification of intermediate care facility units at the Sonoma Developmental Center. The bill would also require, if the intermediate care facility units at the Fairview Developmental Center or the Porterville Developmental Center are decertified by the federal government in the 2016-17 fiscal year, the department to report quarterly to the Joint Legislative Budget Committee the estimated amount of General Fund expenditures used to backfill federal funding as a result of the decertification or decertifications.
end delete(2) Existing law requires the department to comply with procedural requirements when closing a developmental center, including submitting a detailed plan to the Legislature and holding at least one public hearing. Existing law requires the State Department of Developmental Services to submit, on or before October 1, 2015, a plan to the Legislature to close one or more developmental centers.
end deleteThis bill would require the department to include an update to the Legislature in the 2017-18 May Revision regarding how the department will ensure access to crisis services after the closure of a developmental center and how the state will maintain its role in providing residential services to those whom private sector vendors cannot or will not serve. The bill would also require the department to post on its Internet Web site a monthly progress report regarding the development of residential capacity by each regional center, as specified.
end delete(3) Existing law requires the State Department of Developmental Services to provide followup services to help ensure a smooth transition to the community when an individual transitions from a developmental center to a community living arrangement.
end deleteExisting law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which basic health care services are provided to qualified low-income persons. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Existing law authorizes the department to provide health care services to beneficiaries through various models of managed care, including through a comprehensive program of managed health care plan services for Medi-Cal recipients residing in clearly defined geographical areas.
end deleteThis bill would require the State Department of Developmental Services and the State Department of Health Care Services to coordinate the transition of health care services for Medi-Cal eligible consumers who are transitioning from a developmental center into the community, as specified. The bill would require the State Department of Health Care Services to issue transition requirements for specified consumers. The bill would authorize the State Department of Health Care Services to implement those provisions by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions. The bill would provide that its provisions shall be implemented only to the extent that any necessary federal approvals are obtained and federal financial participation is available.
end delete(4) Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families.
end deleteExisting law also requires the department to implement an improved, unified quality assessment system, as specified. Existing law requires each regional center to, on or before August 1 of each year, submit to the department and the State Council on Developmental Disabilities a program budget plan for the subsequent budget year, as specified.
end deleteThis bill would require the department to, on or before February 1 of each year, report to the Legislature and post on its Internet Web site specified supplemental budget information, including an estimate for the annual budget for each developmental center and the current fiscal year allocations of total and per capita funding for operations and purchase of services for each regional center. The bill would require the department to develop and implement a plan to monitor, evaluate, and improve the quality of community-based services through the use of a performance dashboard, to be published annually and include, among other things, recognized quality and access measures. The bill would require that, with the fiscal and research resources included as part of the Budget Act of 2016, the department annually assess specified data, including the performance dashboard data.
end delete(5) Existing law requires the State Department of Developmental Services and regional centers to annually collaborate to compile specified data relating to purchase of service authorization, utilization, and expenditure by each regional center. Existing law requires each regional center to annually report to the department regarding its implementation of specified requirements and requires the report to include, among other things, whether the data indicates a need to reduce disparities in the purchase of services among consumers in the regional center’s catchment area, and if so, the regional center’s recommendations and plan to promote equity and reduce disparities in the purchase of services. Existing law requires the department to, subject to available funding, allocate funding to regional centers to assist with the implementation of those recommendations and plans.
end deleteThis bill would require each regional center to consult with stakeholders regarding activities that may be effective in addressing disparities in the receipt of regional center services and the regional center’s proposed requests for the above-mentioned funding and would also require each regional center to identify the stakeholders consulted with and to include information on how it incorporated stakeholder input into its requests. The bill would require the department to review requests for funding within 45 days from a specified deadline and would require each regional center to report to the department, as specified, how the funding allocations were used, among other things.
end delete(6) Existing law requires regional center vendors that provide residential services or supported living services, long-term health care facilities, as defined, and acute psychiatric hospitals, as defined, to report each death or serious injury of a person occurring during, or related to, the use of seclusion, physical restraint, or chemical restraint, as specified.
end deleteThis bill would additionally require regional center vendors that provide crisis services to make those reports. The bill would also require regional center vendors that provide crisis or residential services or supported living services, long-term health care facilities, and acute psychiatric hospitals, to report any unexpected or suspicious death, regardless of whether the cause is immediately known, any allegation of sexual assault, as defined, in which the alleged perpetrator is a staff member, service provider, or facility employee or contractor, and any report made to the local law enforcement agency in the jurisdiction in which the facility is located that involves physical abuse, as defined, in which a staff member, service provider, or facility employee or contractor is implicated. In addition, the bill would require those entities to report on a monthly basis, as specified, the number of incidents of seclusion and the duration of time spent per incident in seclusion, the number of incidents of the use of behavioral restraints and the duration of time spent per incident of restraint, and the number of times an involuntary emergency medication is used to control behavior.
end delete(7) Existing law requires the State Department of Developmental Services, contingent upon approval of federal funding, to establish and implement a state Self-Determination Program, as defined, that would be available in every regional center catchment area to provide participants and their families, within an individual budget, increased flexibility and choice and greater control over decisions, resources, and needed and desired services and supports to implement their individual program plan (IPP), in accordance with prescribed requirements. Existing law makes each regional center responsible for implementing the Self-Determination Program, as specified. Existing law also requires each regional center to contract with local consumer of family-run organizations to conduct outreach through local meetings and to collaborate with local consumer or family-run organizations to jointly conduct training about the Self-Determination Program. Existing law requires each regional center to establish a local volunteer advisory committee to provide oversight of the Self-Determination Program.
end deleteThis bill would require each regional center to consult with the local volunteer advisory committee in conducting the above-described outreach and training and would authorize the advisory committee to designate members to represent the committee at the training.
end delete(8) The Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide respite services and supported employment services. Existing law, effective June 9, 2016, and commencing July 1, 2016, requires the rate for family-member provided respite services authorized by the department and in operation on June 30, 2016, to be increased by 5%.
end deleteThis bill would additionally require the rates for out-of-home respites services in effect on June 30, 2016, to be increased by 5%.
end delete(9) Existing law requires the State Department of Developmental Services to establish guidelines and oversee a program, to the extent funds are appropriated in the annual Budget Act for this purpose, to increase paid internship opportunities for individuals with developmental disabilities, as specified, and to fund incentive payments for these internships on and after July 1, 2016. Existing law requires the program to be administered by community service providers, subject to specified criteria. On and after July 1, 2016, existing law also provides incentive payments for purposes of increasing employment placements by providers of supported employment services, as specified.
end deleteThe bill would require the individual placed for employment to be employed for at least 30 days in order for a provider to receive the first incentive payment for an initial employment placement under these provisions. The bill would clarify that these payments are not available to providers that place individuals into internships, until the individual transitions into a competitive integrated employment placement. The bill would provide that these incentive payments apply to regional center service providers, rather than providers of supported employment services, and would prohibit payments made under the program from being in addition to specified placement payments for supported employment services. The bill would make other clarifying changes to these provisions with regard to payments, as specified.
end delete(10) Existing law, the California Early Intervention Services Act, provides a statewide system of coordinated, comprehensive, family-centered, multidisciplinary, and interagency programs that are responsible for providing appropriate early intervention services and support to all eligible infants and toddlers, as defined, and their families. The act requires these services to be provided pursuant to the existing regional center system.
end deleteExisting law requires the State Department of Developmental Services to contract with an organization representing one or more family resource centers, as defined, to provide outreach, information, and referral services for at-risk babies who are not otherwise eligible for the early intervention services. Existing law also requires regional centers to refer at-risk babies to the family resource centers.
end deleteThis bill would repeal the above requirement for the department to contract with an organization representing one or more family resource centers to provide outreach, information, and referral services for at-risk babies, and would repeal the requirement that regional centers refer at-risk babies to the family resource centers.
end delete(11) Existing law requires the minimum wage for all industries, on and after January 1, 2016, to be not less than $10 per hour. Existing law requires the minimum wage for all industries to be not less than specified amounts to be increased from January 1, 2017, to January 1, 2022, inclusive, for employers employing 26 or more employees and from January 1, 2018, to January 1, 2023, inclusive, for employers employing 25 or fewer employees, except as specified.
end deleteExisting law sets forth the State Department of Developmental Services’s and the regional center’s authority to establish provider rates. Existing law prohibits certain provider rate increases but, commencing July 1, 2014, authorizes increases to those rates as necessary to adjust employee wages to meet the state minimum wage law.
end deleteThis bill would authorize adjustment of prescribed provider rates commencing January 1, 2017, if the adjustment is necessary in order to pay employees no less than the increased minimum wage, as described above.
end delete(12) Existing law prohibits a regional center from approving a service level for a residential service provider if the approval would result in an increase in the rate to be paid to the provider that is greater than the rate that is in effect on June 30, 2008, unless the regional center demonstrates to the State Department of Developmental Services that the approval is necessary to protect the consumer’s health or safety and the department has granted prior written authorization.
end deleteThis bill would additionally prohibit that approval if it would result in an increase in state costs. The bill would require the department to, effective July 1, 2016, establish a rate schedule for residential community care facilities vendored to provide services to a maximum of four persons with developmental disabilities. The bill would exempt from the prohibition described above only residential community care facilities vendored to provide services to a maximum of four persons with developmental disabilities if either the regional center demonstrates to the department that the approval is necessary to protect the consumer’s health or safety and the department has granted prior written authorization or if the approved service level is not higher than the service level in effect at the time of implementation of the new rate schedule. The bill would require regional centers to submit a specified report to the department by February 1, 2017, regarding the number residential community care facilities with those rates.
end delete(13) Under existing law, the State Department of Social Services regulates the licensure and operation of various care facilities, including community care facilities and enhanced behavioral supports homes. Existing law prohibits community care facilities, among other health and care facilities, from using physical restraint or containment as an extended procedure.
end deleteThis bill would prohibit enhanced behavioral supports homes from using physical restraint or containment for more than 15 consecutive minutes, except as specified.
end delete(14) Existing law provides that specified contracts entered into by any state agency for goods, services, or other specified activities, whether awarded through competitive bidding or not, are void unless and until approved by the Department of General Services, and requires denial of approval if the contract does not meet the required specifications of the bidding process. That law exempts certain transactions and contracts from that law, as specified.
end deleteThis bill would make those laws inapplicable, subject to the approval of the Director of Developmental Services, to specified employees of the department for the purpose of the employee becoming a vendor of a regional center for persons with developmental disabilities, as specified.
end delete(15) Existing law appropriates $287,000,000 to the State Department of Developmental Services to, commencing July 1, 2016, among other things, increase rates and wages for certain developmental services providers and fund incentive payments for competitive integrated employment opportunities and internships for individuals with developmental disabilities.
end deleteThis bill would appropriate $186,200,000 in reimbursements associated with the above-mentioned appropriated funds to the State Department of Developmental Services for the same specified purposes.
end delete(16) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
end deleteVote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares that the
2purposes of this act is to approve the agreement entered into by
3the state employer and State Bargaining Unit 7 pursuant to Section
43517.5 of the Government Code.
The provisions of the memorandum of understanding
6prepared pursuant to Section 3517.5 of the Government Code and
7entered into by the state employer and State Bargaining Unit 7,
8dated June 9, 2016, and that require the expenditure of funds, are
9hereby approved for the purposes of subdivision (b) of Section
103517.6 of the Government Code.
The provisions of the memorandum of understanding
12approved in Section 2 of this act that require the expenditure of
P12 1funds shall not take effect unless funds for these provisions are
2specifically appropriated by the Legislature. If funds for these
3provisions are not specifically appropriated by the Legislature,
4either the state employer or the affected employee organization
5may reopen negotiations on all or part of the memorandum of
6understanding.
Notwithstanding Section 3517.6 of the Government
8Code, the provisions of the memorandum of understanding included
9in Section 2 of this act that require the expenditure of funds shall
10become effective even if the provisions of the memorandum of
11understanding are approved by the Legislature in legislation other
12than the annual Budget Act.
The sum of thirty-eight million six hundred eleven
14thousand dollars ($38,611,000) is hereby appropriated for State
15Bargaining Unit 7 for expenditure in the 2016-17 fiscal year in
16augmentation of, and for the purpose of, state employee
17compensation, as provided in Items 9800-001-0001,
189800-001-0494, and 9800-001-0988 of Section 2.00 of the Budget
19Act of 2016, in accordance with the following schedule:
20
(a) Nine million six hundred sixty-seven thousand dollars
21($9,667,000) from the General Fund in augmentation of Item
229800-001-0001.
23
(b) Nineteen million three hundred ninety-two thousand dollars
24($19,392,000) from unallocated special funds in augmentation of
25Item 9800-001-0494.
26
(c) Nine million five hundred fifty-two thousand dollars
27($9,552,000) from other unallocated nongovernmental cost funds
28in augmentation of Item 9800-001-0988.
begin insertSection 19829.9845 of the end insertbegin insertGovernment Codeend insertbegin insert is
30amended to read:end insert
(a) Notwithstanding Section 13340, for the
322017-18 fiscal year, if the Budget Act of 2017 is not enacted by
33July 1, 2017, for thebegin delete memorandumend deletebegin insert memorandaend insert of understanding
34entered into between the state employer and State Bargaining Unit
35begin insert 7 (effective July 2, 2016, to July 1, 2019, inclusive) and State
36Bargaining Unitend insert 12 (effective July 1, 2015, to July 1, 2019,
37inclusive) there is hereby continuously appropriated to the
38Controller from the General Fund, unallocated special funds,
39including, but not limited to, federal funds and unallocated
40nongovernmental cost funds, and any other fund from which state
P13 1employees are compensated, the amount necessary for the payment
2of compensation and employee benefits to state employees covered
3bybegin delete theend deletebegin insert anend insert above memorandum of understanding until the Budget
4Act of 2017 is enacted. The Controller may expend an amount no
5greater than necessary to enable the Controller to compensate state
6employees covered bybegin delete theend deletebegin insert anend insert above memorandum of understanding
7for work performed between July 1, 2017, of the 2017-18 fiscal
8year and the enactment of the Budget Act of 2017.
9(b) If thebegin delete memorandumend deletebegin insert memorandaend insert of understanding entered
10into between the state employer and State Bargaining Unitbegin insert 7
11(effective July 2, 2016, to July 1, 2019, inclusive) and State
12Bargaining Unitend insert 12 (effective July 1, 2015, to July 1, 2019,
13inclusive)begin delete isend deletebegin insert areend insert in effect and approved by the Legislature, the
14compensation and contribution for employee benefits for state
15employees represented bybegin delete thisend deletebegin insert theseend insert bargainingbegin delete unitend deletebegin insert unitsend insert shall be
16at a rate consistent with the applicable memorandum of
17understanding referenced above.
18(c) Expenditures related to any warrant drawn pursuant to
19subdivision (a) are not augmentations to the expenditure authority
20of a department. Upon the enactment of the Budget Act of 2017,
21these expenditures shall be subsumed by the expenditure authority
22approved in the Budget Act of 2017 for each affected department.
23(d) This section shall only apply to an employee covered by the
24begin delete termend deletebegin insert termsend insert of the State Bargaining Unitbegin insert 7 (effective July 2, 2016,
25to July 1, 2019, inclusive) and State Bargaining Unitend insert 12 (effective
26July 1, 2015, to July 1, 2019, inclusive)begin delete memorandumend deletebegin insert memorandaend insert
27 of understanding. Notwithstanding Section 3517.8, this section
28shall not apply after thebegin delete termend deletebegin insert termsend insert of thebegin delete memorandumend delete
29begin insert memorandaend insert of understandingbegin delete hasend deletebegin insert haveend insert expired. For purposes of
30this section, thebegin delete memorandumend deletebegin insert memorandaend insert of understanding for
31State Bargaining Unitbegin insert 7 and State Bargaining Unitend insert 12begin delete expiresend delete
32begin insert expireend insert on July 1, 2019.
begin insertSection 19829.9846 of the end insertbegin insertGovernment Codeend insertbegin insert is
34amended to read:end insert
(a) Notwithstanding Section 13340, for the
362018-19 fiscal year, if the Budget Act of 2018 is not enacted by
37July 1, 2018, for thebegin delete memorandumend deletebegin insert memorandaend insert of understanding
38entered into between the state employer and State Bargaining Unit
39begin insert 7 (effective July 2, 2016, to July 1, 2019, inclusive) and State
40Bargaining Unitend insert 12 (effective July 1, 2015, to July 1, 2019,
P14 1inclusive) there is hereby continuously appropriated to the
2Controller from the General Fund, unallocated special funds,
3including, but not limited to, federal funds and unallocated
4nongovernmental cost funds, and any other fund from which state
5employees are compensated, the amount necessary for the payment
6of compensation and employee benefits to state employees covered
7bybegin delete theend deletebegin insert anend insert above memorandum of understanding until the Budget
8Act of 2018 is enacted. The Controller may expend an amount no
9greater than necessary to enable the Controller to compensate state
10employees covered bybegin delete theend deletebegin insert anend insert above memorandum of understanding
11for work performed between July 1, 2018, of the 2018-19 fiscal
12year and the enactment of the Budget Act of 2018.
13(b) If thebegin delete memorandumend deletebegin insert memorandaend insert of understanding entered
14into between the state employer and State Bargaining Unitbegin insert 7
15(effective July 2, 2016, to July 1, 2019, inclusive) and State
16Bargaining Unitend insert 12 (effective July 1, 2015, to July 1, 2019,
17inclusive)begin delete isend deletebegin insert areend insert in effect and approved by the Legislature, the
18compensation and contribution for employee benefits for state
19employees represented bybegin delete thisend deletebegin insert theseend insert bargainingbegin delete unitend deletebegin insert unitsend insert shall be
20at a rate consistent with the applicable memorandum of
21understanding referenced above.
22(c) Expenditures related to any warrant drawn pursuant to
23subdivision (a) are not augmentations to the expenditure authority
24of a department. Upon the enactment of the Budget Act of 2018,
25these expenditures shall be subsumed by the expenditure authority
26approved in the Budget Act of 2018 for each affected department.
27(d) This section shall only apply to an employee covered by the
28begin delete termend deletebegin insert termsend insert of the State Bargaining Unitbegin insert 7 (effective July 2, 2016,
29to July 1, 2019, inclusive) and State Bargaining Unitend insert 12 (effective
30July 1, 2015, to July 1, 2019, inclusive)begin delete memorandumend deletebegin insert memorandaend insert
31 of understanding. Notwithstanding Section 3517.8, this section
32shall not apply after thebegin delete termend deletebegin insert termsend insert of thebegin delete memorandumend delete
33begin insert memorandaend insert of understandingbegin delete hasend deletebegin insert haveend insert expired. For purposes of
34this section, thebegin delete memorandumend deletebegin insert memorandaend insert of understanding for
35State Bargaining Unitbegin insert 7 and State Bargaining Unitend insert 12begin delete expiresend delete
36begin insert expireend insert on July 1, 2019.
begin insertSection 22871.3 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
38to read:end insert
(a) The employer contribution for each annuitant
40enrolled in a basic plan shall be an amount equal to 80 percent of
P15 1the weighted average of the health benefit plan premiums for an
2employee or annuitant enrolled for self-alone, during the benefit
3year to which the formula is applied, for the four health benefit
4plans that had the largest active state civil service enrollment,
5excluding family members, during the previous benefit year. For
6each annuitant with enrolled family members, the employer
7contribution shall be an amount equal to 80 percent of the weighted
8average of the additional premiums required for enrollment of
9those family members, during the benefit year to which the formula
10is applied, in the four health benefit plans that had the largest active
11state civil service enrollment, excluding family members, during
12
the previous benefit year.
13(b) The employer contribution for each annuitant enrolled in a
14Medicare health benefit plan in accordance with Section 22844
15shall be an amount equal to 80 percent of the weighted average of
16the health benefit plan premiums for an annuitant enrolled in a
17Medicare health benefit plan for self-alone, during the benefit year
18to which the formula is applied, for the four Medicare health benefit
19plans that had the largest state annuitant enrollment, excluding
20family members, during the previous benefit year. For each
21annuitant with enrolled family members, the employer contribution
22shall be an amount equal to 80 percent of the weighted average of
23the additional premiums required for enrollment of those family
24members, during the benefit year to which the formula is applied,
25in the four Medicare health benefit plans that had the largest state
26annuitant enrollment, excluding family members, during the
27previous benefit year.
If the annuitant is eligible for Medicare Part
28A, with or without cost, and Medicare Part B, regardless of whether
29the annuitant is actually enrolled in Medicare Part A or Part B, the
30employer contribution shall not exceed the amount calculated
31under this subdivision.
32(c) This section applies to:
33(1) A state employee who is first employed by the state and
34becomes a state member of the system on or after January 1, 2016,
35and who is represented by State Bargaining Unit 9 or 10.
36(2) A state employee related to State Bargaining Unit 9 or 10
37who is excepted from the definition of “state employee” in
38subdivision (c) of Section 3513 and first employed by the state
39and becomes a state member of the system on or after January 1,
402016.
P16 1(3) A state employee
represented by State Bargaining Unitbegin delete 6end deletebegin insert 6,
27,end insert or 12 who is first employed by the state and becomes a state
3member of the system on or after January 1, 2017.
4(4) A state employee related to State Bargaining Unitbegin delete 6end deletebegin insert 6, 7,end insert or
512 who is excepted from the definition of “state employee” in
6subdivision (c) of Section 3513 and first employed by the state
7and becomes a state member of the system on or after January 1,
82017.
9(5) A judicial branch employee who is first employed by the
10state and becomes a state member of the system on or after January
111, 2017. This paragraph does not apply to a judge who is subject
12to Chapter 11 (commencing with Section 75000) or Chapter 11.5
13(commencing with Section 75500) of Title 8.
14(d) If the provisions of this section are in conflict with the
15provisions of a memorandum of understanding reached pursuant
16to Section 3517.5 or Chapter 12 (commencing with Section 3560)
17of Division 4 of Title 1, the
memorandum of understanding shall
18be controlling without further legislative action, except that if those
19provisions require the expenditure of funds, the provisions may
20not become effective unless approved by the Legislature.
begin insertSection 22874.3 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
22to read:end insert
(a) Notwithstanding Sections 22870, 22871, 22873,
24andbegin delete 22874end deletebegin insert 22874,end insert a state employee, defined by subdivision (c) of
25Section 3513, who is first employed by the state and becomes a
26state member of the system on or after January 1, 2017, and who
27is represented by State Bargaining Unitbegin delete 6,end deletebegin insert 6 or 7end insert shall not receive
28any portion of the employer contribution payable for annuitants
29unless the person is credited with 15 years of state service at the
30time of retirement.
31(b) The percentage of the employer contribution payable for
32postretirement health benefits for an employee subject to this
33section shall be based on the completed years of credited state
34service at retirement as shown in the following table:
|
begin insert Creditedend insert Years |
|
|
15 |
50 |
|
16 |
55 |
|
17 |
60 |
|
18 |
65 |
|
19 |
70 |
|
20 |
75 |
|
21 |
80 |
|
22 |
85 |
|
23 |
90 |
|
24 |
95 |
|
25 or more |
100 |
11(c) This section shall apply only to state employees that retire
12for service. For purposes of this section, “state service” means
13service rendered as an employee of the state or an appointed or
14
elected officer of the state for compensation.
15(d) This section does not apply to:
16(1) Former state employees previously employed before January
171, 2017, who return to state employment on or after January 1,
182017.
19(2) State employees hired prior to January 1, 2017, who become
20subject to representation by State Bargaining Unit 6begin insert or 7end insert on or
21after January 1, 2017.
22(3) State employees on an approved leave of absence employed
23before January 1, 2017, who return to active employment on or
24after January 1, 2017.
25(4) State employees hired after January 1, 2017, who are first
26represented by a
State Bargaining Unit other than Bargaining Unit
27begin delete 6,end deletebegin insert 6 or 7,end insert who later become represented by State Bargaining Unit
28
begin delete 6.end deletebegin insert 6 or 7.end insert
29(e) Notwithstanding Section 22875, this section shall also apply
30to a related state employee who is excepted from the definition of
31“state employee” in subdivision (c) of Section 3513 and is first
32employed by the state and becomes a state member of the system
33on or after January 1, 2017.
begin insertSection 22879 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
35to read:end insert
(a) The board shall pay monthly to an employee or
37annuitant who is enrolled in, or whose family member is enrolled
38in, a Medicare health benefit plan under this part the amount of
39the Medicare Part B premiums, exclusive of penalties, except as
40provided in Section 22831. This payment may not exceed the
P18 1difference between the maximum employer contribution and the
2amount contributed by the employer toward the cost of premiums
3for the health benefit plan in which the employee or annuitant and
4his or her family members are enrolled. No payment may be made
5in any month if the difference is less than one dollar ($1).
6(b) This section shall be applicable only to state employees,
7annuitants who retired while state employees, and the family
8members of those persons.
9(c) With respect to an annuitant, the board shall pay to the
10annuitant the amount required by this section from the same source
11from which his or her allowance is paid. Those amounts are hereby
12appropriated monthly from the General Fund to reimburse the
13board for those payments.
14(d) There is hereby appropriated from the appropriate funds the
15amounts required by this section to be paid to active state
16employees.
17(e) This section does not apply to:
18(1) A state employee who is first employed by the state and
19becomes a state member of the system on or after January 1, 2016,
20and who is represented by State Bargaining Unit 9 or 10.
21(2) A state employee related to State Bargaining Unit 9 or 10
22who
is excepted from the definition of “state employee” in
23subdivision (c) of Section 3513 and is first employed by the state
24and becomes a state member of the system on or after January 1,
252016.
26(3) A state employee who is first employed by the state and
27becomes a state member of the system on or after January 1, 2017,
28and who is represented by State Bargaining Unitbegin delete 6end deletebegin insert 6, 7,end insert or 12.
29(4) A state employee related to State Bargaining Unitbegin delete 6end deletebegin insert 6, 7,end insert or
3012 who is excepted from the definition of “state employee” in
31subdivision (c) of Section 3513 and is first employed by the state
32and becomes a state member of the system on or after January 1,
332017.
34(5) A judicial branch employee who is first employed by the
35state and becomes a state member of the system on or after January
361, 2017. This paragraph does not apply to a judge who is subject
37to Chapter 11 (commencing with Section 75000) or Chapter 11.5
38(commencing with Section 75500) of Title 8.
begin insertSection 22944.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
40to read:end insert
(a) (1) The state and employees in State Bargaining
2Unitbegin insert 7,end insert 9, 10, or 12 shall prefund retiree health care, with the goal
3of reaching a 50-percent cost sharing of actuarially determined
4normal costs for both employer and employees by July 1, 2019.
5(2) The state and employees in State Bargaining Unit 6 shall
6prefund retiree health care, with the goal of reaching a 50-percent
7cost sharing of actuarially determined normal costs for both
8employer and employees by July 1, 2018.
9(3) The state and employees in the judicial branch shall prefund
10retiree health care, with the
goal of reaching a 50-percent cost
11sharing of actuarially determined normal costs for both employer
12and employees by July 1, 2017.
13(b) (1) The employees in State Bargaining Unit 9 shall make
14contributions to prefund retiree health care based on the following
15schedule, and the state shall make a matching contribution:
16(A) Effective July 1, 2017, 0.5 percent of pensionable
17compensation.
18(B) Effective July 1, 2018, an additional 0.5 percent for a total
19employee contribution of 1.0 percent of pensionable compensation.
20(C) Effective July 1, 2019, an additional 1.0 percent for a total
21employee contribution of 2.0 percent of pensionable compensation.
22(2) The employees in
State Bargaining Unit 10 shall make
23contributions to prefund retiree health care based on the following
24schedule, and the state shall make a matching contribution:
25(A) Effective July 1, 2017, 0.7 percent of pensionable
26compensation.
27(B) Effective July 1, 2018, an additional 0.7 percent for a total
28employee contribution of 1.4 percent of pensionable compensation.
29(C) Effective July 1, 2019, an additional 1.4 percent for a total
30employee contribution of 2.8 percent of pensionable compensation.
31(3) The employees in State Bargaining Unit 6 shall make
32contributions to prefund retiree health care based on the following
33schedule, and the state shall make a matching contribution:
34(A) Effective
July 1, 2016, 1.3 percent of pensionable
35compensation.
36(B) Effective July 1, 2017, an additional 1.3 percent for a total
37employee contribution of 2.6 percent of pensionable compensation.
38(C) Effective July 1, 2018, an additional 1.4 percent for a total
39employee contribution of 4.0 percent of pensionable compensation.
P20 1(4) The state employees in the judicial branch shall make
2contributions to prefund retiree health care based on the following
3schedule, and the state shall make a matching contribution:
4(A) Effective July 1, 2016, 1.5 percent of pensionable
5compensation.
6(B) Effective July 1, 2017, up to an additional 1.5 percent for
7a total employee contribution of up to 3.0 percent of
pensionable
8compensation. The additional amount shall be determined by the
9Director of Finance no later than April 1, 2017, based on the
10actuarially determined normal costs identified in the state valuation.
11(C) This paragraph does not apply to a judge who is subject to
12Chapter 11 (commencing with Section 75000) or Chapter 11.5
13(commencing with Section 75500) of Title 8.
14(5) The employees in State Bargaining Unit 12 shall make
15contributions to prefund retiree health care based on the following
16schedule, and the state shall make a matching contribution:
17(A) Effective July 1, 2017, 1.9 percent of pensionable
18compensation.
19(B) Effective July 1, 2018, an additional 1.4 percent for a total
20employee contribution of 3.3 percent of pensionable compensation.
21(C) Effective July 1, 2019, an additional 1.3 percent for a total
22employee contribution of 4.6 percent of pensionable compensation.
23
(6) The employees in State Bargaining Unit 7 shall make
24contributions to prefund retiree health care based on the following
25schedule, and the state shall make a matching contribution:
26
(A) Effective July 1, 2017, 1.3 percent of pensionable
27compensation.
28
(B) Effective July 1, 2018, an additional 1.4 percent for a total
29employee
contribution of 2.7 percent of pensionable compensation.
30
(C) Effective July 1, 2019, an additional 1.3 percent for a total
31employee contribution of 4.0 percent of pensionable compensation.
32(c) This section only applies to employees who are eligible for
33health benefits, including permanent intermittent employees.
34(d) Contributions paid pursuant to this section shall be deposited
35in the Annuitants’ Health Care Coverage Fund and shall not be
36refundable under any circumstances to an employee or his or her
37beneficiary or survivor.
38(e) If the provisions of this section are in conflict with the
39provisions of a memorandum of
understanding reached pursuant
40to Section 3517.5, the memorandum of understanding shall be
P21 1controlling without further legislative action, except that if those
2provisions of a memorandum of understanding require the
3expenditure of funds, the provisions shall not become effective
4unless approved by the Legislature in the annual Budget Act.
5(f) This section shall also apply to a state employee related to
6a bargaining unit described in subdivision (a) who is excepted
7from the definition of “state employee” in subdivision (c) of
8Section 3513.
begin insertSection 22958.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
10to read:end insert
(a) Notwithstanding Sections 22953, 22957, and
1222958, the following employees shall not receive any portion of
13the employer contribution payable for annuitants unless the person
14is credited with 15 or more years of state service, as defined by
15this section, at the time of retirement:
16(1) A state employee, as defined by subdivision (c) of Section
173513, who is first employed by the state and becomes a state
18member of the system on or after January 1, 2017, and is
19represented by State Bargaining Unitbegin delete 6end deletebegin insert 6, 7,end insert or 12.
20(2) A state employee related to State Bargaining Unitbegin delete 6end deletebegin insert 6, 7,end insert or
2112 who is excepted from the definition of “state employee” in
22subdivision (c) of Section 3513 and is first employed by the state
23and becomes a state member of the system on or after January 1,
242017.
25(b) The percentage of the employer contribution payable for
26postretirement dental care benefits for an employee subject to this
27section shall be based on the funding provision of the plan and the
28completed years of credited state service at retirement as shown
29in the following table:
|
Credited Years |
Percentage of Employer |
|
15 |
50 |
|
16 |
55 |
|
17 |
60 |
|
18 |
65 |
|
19 |
70 |
|
20 |
75 |
|
21 |
80 |
|
22 |
85 |
|
23 |
90 |
|
24 |
95 |
|
25 or more |
100 |
5(c) This section shall apply only to state employees that retire
6for service. For purposes of this section, “state service” means
7service rendered as an employee of the state or an appointed or
8elected officer of the state for compensation.
9(d) This section does not apply to:
10(1) Former state employees
previously employed prior to
11January 1, 2017, who return to state employment on or after
12January 1, 2017.
13(2) State employees hired prior to January 1, 2017, who become
14subject to representation by State Bargaining Unitbegin delete 6end deletebegin insert 6, 7,end insert or 12 on
15or after January 1, 2017.
16(3) State employees on an approved leave of absence employed
17before January 1, 2017, who return to active employment on or
18after January 1, 2017.
19(4) State employees hired after January 1, 2017, who are first
20represented by a State Bargaining Unit other than Bargaining Unit
21begin delete 6end deletebegin insert 6, 7,end insert or 12, who later become represented by State Bargaining
22Unitbegin delete 6end deletebegin insert 6, 7,end insert or 12.
23(e) In those cases where the state has assumed from a public
24agency a function and the related personnel, service rendered by
25that personnel for compensation as employees or appointed or
26elected officers of that public agency may not be credited as state
27service for the purposes of this section unless the former employer
28has paid or agreed to pay the state the amount actuarially
29determined to equal the cost for any employee dental benefits that
30were vested at the time that the function and the related personnel
31were assumed by the state, and the Department of Finance finds
32that the contract contains a benefit factor sufficient to reimburse
33the state for the amount necessary to fully compensate for the
34postretirement dental benefit costs of those personnel. For
35
noncontracting public agencies, the state agency that has assumed
36 the function shall certify the completed years of public agency
37service to be credited to the employee as state service credit under
38this section.
This act is a bill providing for appropriations related
40to the Budget Bill within the meaning of subdivision (e) of Section
P23 112 of Article IV of the California Constitution, has been identified
2as related to the budget in the Budget Bill, and shall take effect
3immediately.
Section 1180.4 of the Health and Safety Code is
5amended to read:
(a) A facility described in subdivision (a) of Section
71180.2 or subdivision (a) of Section 1180.3 shall conduct an initial
8assessment of each person prior to a placement decision or upon
9admission to the facility, or as soon thereafter as possible. This
10assessment shall include input from the person and from someone
11whom he or she desires to be present, such as a family member,
12significant other, or authorized representative designated by the
13person, and if the desired third party can be present at the time of
14admission. This assessment shall also include, based on the
15information available at the time of initial assessment, all of the
16following:
17(1) A person’s advance directive regarding deescalation or the
18use of
seclusion or behavioral restraints.
19(2) Identification of early warning signs, triggers, and
20precipitants that cause a person to escalate, and identification of
21the earliest precipitant of aggression for persons with a known or
22suspected history of aggressiveness, or persons who are currently
23aggressive.
24(3) Techniques, methods, or tools that would help the person
25control his or her behavior.
26(4) Preexisting medical conditions or any physical disabilities
27or limitations that would place the person at greater risk during
28restraint or seclusion.
29(5) Any trauma history, including any history of sexual or
30physical abuse that the affected person feels is relevant.
31(b) A facility described in
subdivision (a) of Section 1180.2 or
32subdivision (a) of Section 1180.3 may use seclusion or behavioral
33restraints for behavioral emergencies only when a person’s
34behavior presents an imminent danger of serious harm to self or
35others.
36(c) A facility described in subdivision (a) of Section 1180.2 or
37subdivision (a) of Section 1180.3 shall not use either of the
38following:
39(1) A physical restraint or containment technique that obstructs
40a person’s respiratory airway or impairs the person’s breathing or
P24 1respiratory capacity, including techniques in which a staff member
2places pressure on a person’s back or places his or her body weight
3against the person’s torso or back.
4(2) A pillow, blanket, or other item covering the person’s face
5as part of a physical or mechanical restraint or containment process.
6(d) A facility described in subdivision (a) of Section 1180.2 or
7subdivision (a) of Section 1180.3
shall not use physical or
8mechanical restraint or containment on a person who has a known
9medical or physical condition and there is reason to believe that
10the use would endanger the person’s life or seriously exacerbate
11the person’s medical condition.
12(e) (1) A facility described in subdivision (a) of Section 1180.2
13or subdivision (a) of Section 1180.3 shall not use prone mechanical
14restraint on a
person at risk for positional asphyxiation as a result
15of one of the following risk factors that are known to the provider:
16(A) Obesity.
17(B) Pregnancy.
18(C) Agitated delirium or excited delirium syndromes.
19(D) Cocaine, methamphetamine, or alcohol intoxication.
20(E) Exposure to pepper spray.
21(F) Preexisting heart disease, including, but not limited to, an
22enlarged heart or other cardiovascular disorders.
23(G) Respiratory conditions, including emphysema, bronchitis,
24or asthma.
25(2) Paragraph (1) shall
not apply when written authorization
26has been provided by a physician, made to accommodate a person’s
27stated preference for the prone position or because the physician
28judges other clinical risks to take precedence. The written
29authorization may not be a standing order, and shall be evaluated
30on a case-by-case basis by the physician.
31(f) A facility described in subdivision (a) of Section 1180.2 or
32subdivision (a) of Section 1180.3 shall avoid the deliberate use of
33prone containment techniques whenever possible, utilizing the
34best practices in early intervention techniques, such as deescalation.
35If prone containment techniques are used in an emergency situation,
36a staff member shall observe the person for any signs of physical
37duress throughout the use of prone containment. Whenever
38possible, the staff member monitoring the person shall not be
39involved in restraining the person.
P25 1(g) A facility described in subdivision (a) of Section 1180.2 or
2subdivision (a) of Section 1180.3 shall not place a person in a
3facedown position with the person’s hands held or restrained
4behind the person’s back.
5(h) A facility described in subdivision (a) of Section 1180.2 or
6subdivision (a) of Section 1180.3 shall not use physical restraint
7or containment as an extended procedure. A facility described in
8subdivision (a) of Section 4684.80 of the Welfare and
Institutions
9Code that is licensed by the State Department of Social Services
10shall not use physical restraint or containment for more than 15
11consecutive minutes. The department may, by regulation, authorize
12an exception to the 15 minute maximum duration if necessary to
13protect the immediate health and safety of residents or others from
14risk of imminent serious physical harm.
15(i) A facility described in subdivision (a) of Section 1180.2 or
16subdivision (a) of Section 1180.3 shall keep under constant,
17face-to-face human observation a person who is in seclusion and
18in any type of behavioral restraint at the same time. Observation
19by means of video camera may be utilized only in facilities that
20are already permitted to use video monitoring under federal
21regulations specific to that facility.
22(j) A facility described in subdivision (a) of Section 1180.2 or
23
subdivision (a) of Section 1180.3 shall afford to persons who are
24restrained the least restrictive alternative and the maximum freedom
25of movement, while ensuring the physical safety of the person and
26others, and shall use the least number of restraint points.
27(k) A person in a facility described in subdivision (a) of Section
281180.2 and subdivision (a) of Section 1180.3 has the right to be
29free from the use of seclusion and behavioral restraints of any form
30imposed as a means of coercion, discipline, convenience, or
31retaliation by staff. This right includes, but is not limited to, the
32right to be free from the use of a drug used in order to control
33behavior or to restrict the person’s freedom of movement, if that
34drug is not a standard treatment for the person’s medical or
35psychiatric condition.
Section 10430 of the Public Contract Code is amended
37to read:
This chapter does not apply to any of the following:
39(a) The Regents of the University of California and the Trustees
40of the California State University, except that Article 9
P26 1(commencing with Section 10420) shall apply to the Trustees of
2the California State University.
3(b) (1) Transactions covered under Chapter 3 (commencing
4with Section 12100), except that Sections 10365.5, 10410, and
510411 shall apply to all transactions under that chapter.
6(2) Notwithstanding paragraph (1), Section 10365.5 shall not
7apply to incidental advice or suggestions made outside of the scope
8of a consulting services contract.
9(3) (A) Notwithstanding paragraph (1), Section 10365.5 shall
10not apply to a contract that is part of a single competitive
11procurement conducted in more than one stage for information
12technology goods or services, when the Director of the Department
13of General Services and the Chief Information Officer determine
14that there is no conflict of interest under Section 10365.5 and that
15it is in the best interest of the state to utilize this procurement
16method. Nothing in this section shall preclude the applicability of
17Section 12112 to this procurement method.
18(B) The Department of General Services shall annually submit
19a report on its Internet Web site describing each determination
20granted pursuant to subparagraph (A), listing the basis for the
21determination, and disclosing the total amount of money paid or
22to be paid to the contractor under the contract that was the
subject
23of the determination. The department shall provide notice to the
24Joint Legislative Budget Committee within 30 days of the posting
25of the report.
26(C) For purposes of this paragraph, “information technology”
27means information technology goods or services, or both, as
28appropriate.
29(c) Except as otherwise provided in this chapter, any entity
30exempted from Section 10295. However, the Board of Governors
31of the California Community Colleges shall be governed by this
32chapter, except as provided in Sections 10295, 10335, and 10389.
33The Department of Water Resources shall be governed by this
34chapter, except as provided in Sections 10295.6, 10304.1, 10335,
35and 10340.
36(d) Transactions covered under Chapter 10 (commencing with
37Section 4525) of Division 5 of Title 1 of the Government Code.
38(e) Except as provided for in subdivision (c), members of boards
39or commissions who receive no payment other than payment for
P27 1each meeting of the board or commission, payment for preparatory
2time, and payment for per diem.
3(f) The emergency purchase of protective vests for correctional
4peace officers whose duties require routine contact with state prison
5inmates. This subdivision shall remain operative only until January
61, 1987.
7(g) Spouses of state officers or employees and individuals and
8entities that employ spouses of state officers and employees, that
9are vendored to provide services to regional center clients pursuant
10to Section 4648 of the Welfare and Institutions Code if the vendor
11of services, in that capacity, does not receive any material financial
12benefit, distinguishable from the benefit to the public
generally,
13from any governmental decision made by the state officer or
14employee.
15(h) Subject to the approval of the Director of Developmental
16Services, or his or her designee, a state employee of the department
17who is qualified to provide necessary services for regional center
18consumers, for the purpose of that employee becoming a vendor
19of a regional center pursuant to Section 4648 of the Welfare and
20Institutions Code. The state employee shall terminate employment
21with any state agency or department before providing certification
22to the regional center pursuant to paragraph (9) of subdivision (a)
23of Section 54326 of Title 17 of the California Code of Regulations,
24as part of the vendorization process. A contract entered into by a
25regional center and a state employee, in his or her capacity as a
26private citizen, to become a vendor of the regional center does not
27
constitute a state contract within the meaning of Section 1090 of
28the Government Code. Accordingly, the state employee has no
29financial interest in a state contract under these circumstances.
Section 4435.1 of the Welfare and Institutions Code
31 is repealed.
Section 4437 is added to the Welfare and Institutions
33Code, to read:
(a) The State Department of Developmental Services
35shall, on or before February 1 of each year, report to the Legislature
36and post on its Internet Web site supplemental budget information,
37which shall include both of the following:
38(1) For each developmental center, an estimate for the annual
39budget, including a breakdown of the staffing costs for Porterville
P28 1Developmental Center’s general treatment area and secured
2treatment area.
3(2) For each regional center, all of the following information:
4(A) Current fiscal year allocations of total and per capita funding
5for operations and purchase of services.
6(B) The number of persons with developmental disabilities
7being served by the regional center in the current fiscal year.
8(C) The past fiscal year and current fiscal year information on
9the funding for its community placement plan, including a
10breakdown of the funding for startup, assessment, placement, and
11deflection.
12(D) Staff information.
13(b) A report to be submitted pursuant to subdivision (a) shall
14be submitted in compliance with Section 9795 of the Government
15Code.
Section 4474.15 is added to the Welfare and
17Institutions Code, immediately following Section 4474.11, to read:
(a) The State Department of Developmental Services
19shall include an update to the Legislature in the 2017-18 May
20Revision regarding how the department will provide access to
21crisis services after the closure of a developmental center and how
22the state will maintain its role in providing residential services to
23those whom private sector vendors cannot or will not serve. As
24part of this plan, the department shall assess the option of
25expanding the community state staff program authorized in Section
264474.2 to allow the department’s employees to serve as regional
27crisis management teams that provide assessment, consultation,
28and resolution for persons with developmental disabilities in crisis
29in the community.
30(b) The State Department of
Developmental Services shall post
31on its Internet Web site a monthly progress report regarding the
32development of residential capacity by each regional center. The
33report shall include information on monthly targets for individuals
34moving out of a developmental center based on transition activities
35and community resource development activities by each regional
36center. The report shall also provide an explanation of any targets
37that have not been met.
38(c) (1) The requirement for submitting a report imposed under
39subdivision (a) is inoperative on January 1, 2020, pursuant to
40Section 10231.5 of the Government Code.
P29 1(2) A report to be submitted pursuant to subdivision (a) shall
2be submitted in compliance with Section 9795 of the Government
3Code.
Section 4474.6 is added to the Welfare and Institutions
5Code, to read:
(a) The State Department of Developmental Services
7and the State Department of Health Care Services shall coordinate
8the transition of health care services for Medi-Cal eligible
9consumers who are transitioning from a developmental center into
10the community.
11(b) In order to meet the unique medical health needs of
12consumers who will be transitioning from a developmental center
13into the community, whose individual program plans document
14the need for coordinated medical and specialty care, and who are
15Medi-Cal eligible, the State Department of Health Care Services
16shall issue transition requirements including referral practices,
17service authorization practices, coordination of case management
18services, education and training services, and the
management and
19sharing of medical records, to applicable Medi-Cal managed care
20health plans and monitor compliance. These transition requirements
21shall include, but are not limited to, processes for individuals
22assigned to a Medi-Cal managed care plan which promote
23coordination of care during and following the transition,
24identification of providers prior to a transition occurring, and the
25continuation of medically necessary covered services. These
26processes shall be described in a transition plan which will be
27shared with stakeholders prior to being finalized. The final
28transition plan shall be submitted to the Joint Legislative Budget
29Committee no later than December 31, 2016.
30(c) Notwithstanding Chapter 3.5 (commencing with Section
3111340) of Part 1 of Division 3 of Title 2 of the Government Code,
32the State Department of Health Care Services may implement,
33interpret, or make specific this section, in whole or in part, by
34means of all-county
letters, plan letters, plan or provider bulletins,
35policy letters, or other similar instructions, without taking
36regulatory action.
37(d) The State Department of Health Care Services shall
38implement this section only to the extent that any necessary federal
39approvals are obtained and federal financial participation is
40available.
Section 4519.5 of the Welfare and Institutions Code
2 is amended to read:
(a) The department and the regional centers shall
4annually collaborate to compile data in a uniform manner relating
5to purchase of service authorization, utilization, and expenditure
6by each regional center with respect to all of the following:
7(1) The age of the consumer, categorized by the following:
8(A) Birth to two years of age, inclusive.
9(B) Three to 21 years of age, inclusive.
10(C) Twenty-two years of age and older.
11(2) Race or ethnicity of the consumer.
12(3) Primary language spoken by the consumer, and other related
13details, as feasible.
14(4) Disability detail, in accordance with the categories
15established by subdivision (a) of Section 4512, and, if applicable,
16a category specifying that the disability is unknown.
17(5) Residence type, subcategorized by age, race or ethnicity,
18and primary language.
19(6) Number of instances when the written copy of the individual
20program plan was provided at the request of the consumer and,
21when appropriate, his or her parents, legal guardian or conservator,
22or authorized representative, in a language other than a
threshold
23language, as defined by paragraph (3) of subdivision (a) of Section
241810.410 of Title 9 of the California Code of Regulations, if that
25written copy was provided more than 60 days after the request.
26(b) The data reported pursuant to subdivision (a) shall also
27include the number and percentage of individuals, categorized by
28age, race or ethnicity, and disability, and by residence type, as set
29forth in paragraph (5) of subdivision (a), who have been determined
30to be eligible for regional center services, but are not receiving
31purchase of service funds.
32(c) By March 31, 2013, each regional center shall post the data
33described in this section that is specific to the regional
center on
34its Internet Web site. Commencing on December 31, 2013, each
35regional center shall annually post this data by December 31. Each
36regional center shall maintain all previous years’ data on its Internet
37Web site.
38(d) By March 31, 2013, the department shall post the information
39described in this section on a statewide basis on its Internet Web
40site. Commencing December 31, 2013, the department shall
P31 1annually post this information by December 31. The department
2shall maintain all previous years’ data on its Internet Web site.
3The department shall also post notice of any regional center
4stakeholder meetings on its Internet Web site.
5(e) Within three months of compiling the data with the
6department, and annually thereafter, each regional center shall
7meet with stakeholders in one or more public meetings regarding
8the data. The meeting or meetings shall be held separately from
9
any meetings held pursuant to Section 4660. The regional center
10shall provide participants of these meetings with the data and any
11associated information related to improvements in the provision
12of developmental services to underserved communities and shall
13conduct a discussion of the data and the associated information in
14a manner that is culturally and linguistically appropriate for that
15community, including providing alternative communication
16services, as required by Sections 11135 to 11139.7, inclusive, of
17the Government Code and implementing regulations. Regional
18centers shall inform the department of the scheduling of those
19public meetings 30 days prior to the meeting. Notice of the
20meetings shall also be posted on the regional center’s Internet Web
21site 30 days prior to the meeting and shall be sent
to individual
22stakeholders and groups representing underserved communities
23in a timely manner. Each regional center shall, in holding the
24meetings required by this subdivision, consider the language needs
25of the community and shall schedule the meetings at times and
26locations designed to result in a high turnout by the public and
27underserved communities.
28(f) (1) Each regional center shall annually report to the
29department regarding its implementation of the requirements of
30this section. The report shall include, but shall not be limited to,
31all of the following:
32(A) Actions the regional center took to improve public
33attendance and participation at stakeholder meetings, including,
34but not limited to, attendance and participation by underserved
35communities.
36(B) Copies of minutes from the meeting and attendee comments.
37(C) Whether the data described in this section indicates a need
38to reduce disparities in the purchase of services among consumers
39in the regional center’s catchment area. If the data does indicate
P32 1that need, the regional center’s recommendations and plan to
2promote equity, and reduce disparities, in the purchase of services.
3(2) Each regional center and the department shall annually post
4the reports required by paragraph (1) on its Internet Web site by
5August 31.
6(g) (1) The department shall consult with stakeholders,
7including consumers and families that reflect the ethnic and
8language diversity of regional center consumers, regional centers,
9advocates, providers, the protection and advocacy agency described
10in Section 4901, and those entities designated as University
Centers
11for Excellence in Developmental Disabilities Education, Research,
12and Service pursuant to Section 15061 of Title 42 of the United
13States Code, to achieve the following objectives:
14(A) Review the data compiled pursuant to subdivision (a).
15(B) Identify barriers to equitable access to services and supports
16among consumers and develop recommendations to help reduce
17disparities in purchase of service expenditures.
18(C) Encourage the development and expansion of culturally
19appropriate services, service delivery, and service coordination.
20(D) Identify best practices to reduce disparity and promote
21equity.
22(2) The department shall report the status of its efforts to satisfy
23the requirements
of paragraph (1) during the 2016-17 legislative
24budget subcommittee hearing process.
25(h) (1) Subject to available funding, the department shall
26allocate funding to regional centers to assist with implementation
27of the recommendations and plans developed pursuant to
28subdivisions (f) and (g). Activities funded through these allocations
29may include, but are not limited to, pay differentials supporting
30direct care bilingual staff of community-based service providers,
31parent or caregiver education programs, cultural competency
32training for regional center staff, outreach to underserved
33populations, or additional culturally appropriate service types or
34service delivery models.
35(2) Each regional center shall consult with stakeholders
36regarding activities that may be effective in addressing disparities
37in the receipt of regional center services and the regional center’s
38proposed requests for the funding specified in paragraph (1). Each
39regional center shall identify the stakeholders it consulted with
P33 1and include information on how it incorporated the input of
2stakeholders into its requests.
3(3) The department shall review requests for funding within 45
4days from the deadline specified in the department’s guidance to
5regional centers.
6(4) Each regional center shall report to the department in the
7annual report required by subdivision (f) how the funding
8allocations were used and shall include recommendations of
9priorities for activities that may be effective in addressing
10disparities, based on
the consultation with stakeholders.
Section 4572 is added to the Welfare and Institutions
12Code, to read:
The State Department of Developmental Services shall
14develop and implement a plan to monitor, evaluate, and improve
15the quality of community-based services through the use of a
16performance dashboard. The department shall work with
17stakeholders, including, but not limited to, regional centers,
18consumer advocates, providers, and the Legislature, on the
19development of the dashboard. The dashboard shall be published
20annually and shall include, but not be limited to, all of the following
21metrics:
22(a) Recognized quality and access measures.
23(b) Measures to indicate the movement toward compliance with
24the federal Home and Community-Based Services Waiver rules
25(CMS 2249-F and CMS 2296-F).
26(c) Measures to evaluate the changes in the number of consumers
27who work in competitive integrated employment.
28(d) The number of complaints referred to the department
29pursuant to subdivision (c) of Section 4731, for every 1,000
30consumers served, by each regional center.
31(e) The number of administrative fair hearings held pursuant to
32Article 3 (commencing with Section 4710) of Chapter 7, separated
33by eligibility and service issues, for individuals ages three and
34over, for every one thousand consumers served, by each regional
35center.
Section 4659.2 of the Welfare and Institutions Code
37 is amended to read:
(a) For the purposes of this section, the following
39definitions apply:
P34 1(1) “Physical restraint” means any behavioral or mechanical
2restraint, as defined in Section 1180.1 of the Health and Safety
3Code.
4(2) “Chemical restraint” means a drug that is used to control
5behavior and that is used in a manner not required to treat the
6patient’s medical conditions.
7(3) “Seclusion” means involuntary confinement of a person
8alone in a room or an area as defined in subdivision (e) of Section
91180.1 of the Health and Safety Code.
10(4) “Long-term health care facility” means a facility,
as defined
11in Section 1418 of the Health and Safety Code, that is required to
12report to a regional center pursuant to Section 54327 of Title 17
13of the California Code of Regulations.
14(5) “Acute psychiatric hospital” means a facility, as defined in
15subdivision (b) of Section 1250 of the Health and Safety Code,
16including an institution for mental disease, that is a regional center
17vendor.
18(6) “Regional center vendor” means an agency, individual, or
19service provider that a regional center has approved to provide
20vendored or contracted services or supports pursuant to paragraph
21(3) of subdivision (a) of Section 4648.
22(b) (1) All regional center vendors that provide
crisis or
23residential services or supported living services, long-term health
24care facilities, and acute psychiatric hospitals shall report to the
25agency designated pursuant to subdivision (i) of Section 4900 all
26of the following:
27(A) Each death or serious injury of a person occurring during,
28or related to, the use of seclusion, physical restraint, or chemical
29restraint, or any combination
thereof.
30(B) Any unexpected or suspicious death, regardless of whether
31the cause is immediately known.
32(C) Any allegation of sexual assault, as defined in Section
3315610.63, in which the alleged perpetrator is a staff member,
34service provider, or facility employee or contractor.
35(D) Any report made to the local law enforcement agency in
36the jurisdiction in which the facility is located that involves
37physical abuse, as defined in Section 15610.63, in which a staff
38member, service
provider, or facility employee or contractor is
39implicated.
P35 1(2) The reports described in paragraph (1) shall be made no later
2than the close of the business day following the death or serious
3injury. The report shall include the encrypted identifier of the
4person involved, and the name, street address, and telephone
5number of the facility.
6(c) (1) On a monthly basis all regional center vendors that
7provide crisis or residential services or supported living services,
8long-term health care facilities, and acute psychiatric hospitals
9shall report to the agency designated
pursuant to subdivision (i)
10of Section 4900 all of the following:
11(A) The number of incidents of seclusion and the duration of
12time spent per incident in seclusion.
13(B) The number of incidents of the use of behavioral restraints
14and the duration of time spent per incident of restraint.
15(C) The number of times an involuntary emergency medication
16is used to control behavior.
17(2) The reports required pursuant to paragraph (1) shall include
18the name, street address, and telephone number of the facility.
Section 4681.5 of the Welfare and Institutions Code
20 is amended to read:
(a) Notwithstanding any other law or regulation, a
22regional center shall not approve
a service level for a residential
23service provider, as defined in Section 56002 of Title 17 of the
24California Code of Regulations, if the approval would result in an
25increase in state costs or the rate to be paid to the provider that is
26greater than the rate that is in effect on June 30, 2008, or, for
27residential service providers subject to subdivision (b), unless the
28regional center demonstrates to the department that the approval
29is necessary to protect the consumer’s health or safety and the
30department has granted prior written authorization.
31(b) Notwithstanding subdivision (a) or any other law or
32regulation, the department shall, effective July 1, 2016, establish
33a rate schedule for residential community care facilities vendored
34to provide services to a maximum of four persons with
35developmental disabilities.
36(c) Community care facilities with rates established pursuant
37to subdivision (b) are subject to the regulatory requirements
38contained in Subchapter 4 (commencing with Section 56001) of
39Chapter 3 of Division 2 of Title 17 of the California Code of
40Regulations.
P36 1(d) Rate changes made as a result of implementing the rate
2schedule established pursuant to subdivision (b) for community
3care facilities vendored to provide services to a maximum of four
4persons with developmental disabilities are not subject to the
5restrictions of subdivision (a) if the approved
service level is not
6higher than the service level in effect at the time of the change.
7(e) No later than February 1, 2017, regional centers shall report
8to the department on the number of residential community care
9facilities with rates established pursuant to subdivision (b). The
10report shall include, but not be limited to, both of the following:
11(1) The number of facilities vendored since July 1, 2016, by
12service level and vendored capacity.
13(2) The number of facilities vendored prior to July 1, 2016, that
14have subsequently been approved for a new rate, by service level,
15vendored capacity, and prior vendored capacity, if applicable.
Section 4681.6 of the Welfare and Institutions Code
17 is amended to read:
(a) Notwithstanding any other law or regulation,
19commencing July 1, 2008:
20(1) A regional center shall not pay an existing residential service
21provider, for services where rates are determined through a
22negotiation between the regional center and the provider, a rate
23higher than the rate in effect on June 30, 2008, unless the increase
24is required by a contract between the regional center and the vendor
25that is in effect on June 30, 2008, or the regional center
26demonstrates that the approval is necessary to protect the
27consumer’s health or safety and the department has granted prior
28written authorization.
29(2) A regional center shall not negotiate a rate with a new
30residential service provider, for
services where rates are determined
31through a negotiation between the regional center and the provider,
32that is higher than the regional center’s median rate for the same
33service code and unit of service, or the statewide median rate for
34the same service code and unit of service, whichever is lower. The
35unit of service designation shall conform with an existing regional
36center designation or, if none exists, a designation used to calculate
37the statewide median rate for the same service. The regional center
38shall annually certify to the department its median rate for each
39negotiated rate service code, by designated unit of service. This
P37 1certification shall be subject to verification through the
2department’s biennial fiscal audit of the regional center.
3(b) Notwithstanding subdivision (a), commencing January 1,
42017, regional centers may negotiate a rate adjustment with
5residential service providers regarding rates that are otherwise
6restricted pursuant to subdivision (a), if the adjustment is necessary
7in order to pay employees no less than the minimum wage as
8established by Section 1182.12 of the Labor Code, as amended by
9Chapter 4 of the Statutes of 2016, and only for the purpose of
10adjusting payroll costs associated with the minimum wage increase.
11The rate adjustment shall be specific to the unit of service
12designation that is affected by the increased minimum wage, shall
13be specific to payroll costs associated with any increase necessary
14to adjust employee pay only to the extent necessary to bring pay
15into compliance with the increased state minimum wage, and shall
16not be used as a general wage enhancement for employees paid
17above the minimum wage. Regional centers shall maintain
18documentation on the process to determine, and the rationale for
19granting, any rate adjustment associated with the minimum wage
20increase.
21(c) Notwithstanding subdivision (a), commencing July 1, 2015,
22regional centers may negotiate a rate
adjustment with residential
23service providers regarding rates that are otherwise restricted
24pursuant to subdivision (a), if the adjustment is necessary to
25implement Article 1.5 (commencing with Section 245) of Chapter
261 of Part 1 of Division 2 of the Labor Code, as added by Chapter
27317 of the Statutes of 2014. The rate adjustment may be applied
28only if a minimum of 24 hours or three days of paid sick leave per
29year was not a benefit provided to employees as of June 30, 2015,
30and shall be specific to payroll costs associated with any increase
31necessary to compensate an employee up to a maximum of 24
32hours or three days of paid sick leave in each year of employment.
33(d) For purposes of this section, “residential service provider”
34includes Adult Residential Facilities for Persons with Special
35Health Care Needs, as described in Section 4684.50.
36(e) This section shall not apply to
those services for which rates
37are determined by the State Department of Health Care Services,
38or the State Department of Developmental Services, or are usual
39and customary.
Section 4685.8 of the Welfare and Institutions Code
2 is amended to read:
(a) The department shall implement a statewide
4Self-Determination Program. The Self-Determination Program
5shall be available in every regional center catchment area to provide
6participants and their families, within an individual budget,
7increased flexibility and choice, and greater control over decisions,
8resources, and needed and desired services and supports to
9implement their IPP. The statewide Self-Determination Program
10shall be phased in over three years, and during this phase-in period,
11shall serve up to 2,500 regional center consumers, inclusive of the
12remaining participants in the self-determination pilot projects
13authorized pursuant to Section 13 of Chapter 1043 of the Statutes
14of 1998, as amended, and Article 4 (commencing with Section
154669.2) of Chapter 5. Following the phase-in period, the program
16shall be
available on a voluntary basis to all regional center
17consumers, including residents in developmental centers who are
18moving to the community, who are eligible for the
19Self-Determination Program. The program shall be available to
20individuals who reflect the disability, ethnic, and geographic
21diversity of the state. The Department of Finance may approve,
22upon a request from the department and no sooner than 30 days
23following notification to the Joint Legislative Budget Committee,
24an increase to the number of consumers served by the
25Self-Determination Program before the end of the three-year
26phase-in period.
27(b) The department, in establishing the statewide program, shall
28do both of the following:
29(1) For the first three years of the Self-Determination Program,
30determine, as part of the contracting process described in Sections
314620 and 4629, the number of participants each regional
center
32shall serve in its Self-Determination Program. To ensure that the
33program is available on an equitable basis to participants in all
34regional center catchment areas, the number of Self-Determination
35Program participants in each regional center shall be based on the
36relative percentage of total consumers served by the regional
37centers minus any remaining participants in the self-determination
38pilot projects authorized pursuant to Section 13 of Chapter 1043
39of the Statutes of 1998, as amended, and Article 4 (commencing
40with Section 4669.2) of Chapter 5 or another equitable basis.
P39 1(2) Ensure all of the following:
2(A) Oversight of expenditure of self-determined funds and the
3achievement of participant outcomes over time.
4(B) Increased participant control over which services and
5supports best meet his or her needs
and the IPP objectives. A
6participant’s unique support system may include the purchase of
7existing service offerings from service providers or local
8businesses, hiring his or her own support workers, or negotiating
9unique service arrangements with local community resources.
10(C) Comprehensive person-centered planning, including an
11individual budget and services that are outcome based.
12(D) Consumer and family training to ensure understanding of
13the principles of self-determination, the planning process, and the
14management of budgets, services, and staff.
15(E) Choice of independent facilitators who can assist with the
16person-centered planning process and choice of financial
17management services providers vendored by regional centers who
18can assist with payments and provide employee-related services.
19(F) Innovation that will more effectively allow participants to
20achieve their goals.
21(c) For purposes of this section, the following definitions apply:
22(1) “Financial management services” means services or
23functions that assist the participant to manage and direct the
24distribution of funds contained in the individual budget, and ensure
25that the participant has the financial resources to implement his or
26her IPP throughout the year. These may include bill paying services
27and activities that facilitate the employment of service and support
28workers by the participant, including, but not limited to, fiscal
29accounting, tax withholding, compliance with relevant state and
30federal employment laws, assisting the participant in verifying
31provider qualifications, including criminal background checks,
32and expenditure reports. The
financial management services
33provider shall meet the requirements of Sections 58884, 58886,
34and 58887 of Title 17 of the California Code of Regulations and
35other specific qualifications established by the department. The
36costs of financial management services shall be paid by the
37participant out of his or her individual budget, except for the cost
38of obtaining the criminal background check specified in subdivision
39(w).
P40 1(2) “Independent facilitator” means a person, selected and
2directed by the participant, who is not otherwise providing services
3to the participant pursuant to his or her IPP and is not employed
4by a person providing services to the participant. The independent
5facilitator may assist the participant in making informed decisions
6about the individual budget, and in locating, accessing, and
7coordinating services and supports consistent with the participant’s
8IPP. He or she is available to assist in identifying immediate and
9
long-term needs, developing options to meet those needs, leading,
10participating, or advocating on behalf of the participant in the
11person-centered planning process and development of the IPP, and
12obtaining identified services and supports. The cost of the
13independent facilitator, if any, shall be paid by the participant out
14of his or her individual budget. An independent facilitator shall
15receive training in the principles of self-determination, the
16person-centered planning process, and the other responsibilities
17described in this paragraph at his or her own cost.
18(3) “Individual budget” means the amount of regional center
19purchase of service funding available to the participant for the
20purchase of services and supports necessary to implement the IPP.
21The individual budget shall be determined using a fair, equitable,
22and transparent methodology.
23(4) “IPP” means individual program
plan, as described in Section
244646.
25(5) “Participant” means an individual, and when appropriate,
26his or her parents, legal guardian or conservator, or authorized
27representative, who has been deemed eligible for, and has
28voluntarily agreed to participate in, the Self-Determination
29Program.
30(6) “Self-determination” means a voluntary delivery system
31consisting of a defined and comprehensive mix of services and
32supports, selected and directed by a participant through
33person-centered planning, in order to meet the objectives in his or
34her IPP. Self-determination services and supports are designed to
35assist the participant to achieve personally defined outcomes in
36community settings that promote inclusion. The Self-Determination
37Program shall only fund services and supports provided pursuant
38to this division that the federal Centers for Medicare and Medicaid
39Services determines are
eligible for federal financial participation.
P41 1(d) Participation in the Self-Determination Program is fully
2voluntary. A participant may choose to participate in, and may
3choose to leave, the Self-Determination Program at any time. A
4regional center shall not require or prohibit participation in the
5Self-Determination Program as a condition of eligibility for, or
6the delivery of, services and supports otherwise available under
7this division. Participation in the Self-Determination Program shall
8be available to any regional center consumer who meets the
9following eligibility requirements:
10(1) The participant has a developmental disability, as defined
11in Section 4512, and is receiving services pursuant to this division.
12(2) The consumer does not live in a licensed long-term health
13care facility, as defined in paragraph
(44) of subdivision (a) of
14Section 54302 of Title 17 of the California Code of Regulations.
15An individual, and when appropriate his or her parent, legal
16guardian or conservator, or authorized representative, who is not
17eligible to participate in the Self-Determination Program pursuant
18to this paragraph may request that the regional center provide
19person-centered planning services in order to make arrangements
20for transition to the Self-Determination Program, provided that he
21or she is reasonably expected to transition to the community within
2290 days. In that case, the regional center shall initiate
23person-centered planning services within 60 days of that request.
24(3) The participant agrees to all of the following terms and
25conditions:
26(A) The participant shall receive an orientation to the
27Self-Determination Program prior to enrollment, which includes
28the principles of
self-determination, the role of the independent
29facilitator and the financial management services provider,
30person-centered planning, and development of a budget.
31(B) The participant shall utilize the services and supports
32available within the Self-Determination Program only when generic
33services and supports are not available.
34(C) The participant shall only purchase services and supports
35necessary to implement his or her IPP and shall comply with any
36and all other terms and conditions for participation in the
37Self-Determination Program described in this section.
38(D) The participant shall manage Self-Determination Program
39services and supports within his or her individual budget.
P42 1(E) The participant shall utilize the services of a financial
2management
services provider of his or her own choosing and who
3is vendored by a regional center.
4(F) The participant may utilize the services of an independent
5facilitator of his or her own choosing for the purpose of providing
6services and functions as described in paragraph (2) of subdivision
7(c). If the participant elects not to use an independent facilitator,
8he or she may use his or her regional center service coordinator to
9provide the services and functions described in paragraph (2) of
10subdivision (c).
11(e) A participant who is not Medi-Cal eligible may participate
12in the Self-Determination Program and receive self-determination
13services and supports if all other program eligibility requirements
14are met and the services and supports are otherwise eligible for
15federal financial participation.
16(f) An individual receiving
services and supports under a
17self-determination pilot project authorized pursuant to Section 13
18of Chapter 1043 of the Statutes of 1998, as amended, or pursuant
19to Article 4 (commencing with Section 4669.2) of Chapter 5, may
20elect to continue to receive self-determination services and supports
21pursuant to this section or the regional center shall provide for the
22participant’s transition from the self-determination pilot program
23to other services and supports. This transition shall include the
24development of a new IPP that reflects the services and supports
25necessary to meet the individual’s needs. The regional center shall
26ensure that there is no gap in services and supports during the
27transition period.
28(g) The additional federal financial participation funds generated
29by the former participants of the self-determination pilot projects
30authorized pursuant to Section 13 of Chapter 1043 of the Statutes
31of 1998, as amended, or pursuant to
Article 4 (commencing with
32Section 4669.2) of Chapter 5, shall be used as follows:
33(1) First, to offset the cost to the department for the criminal
34background check conducted pursuant to subdivision (w) and other
35administrative costs incurred by the department in implementing
36the Self-Determination Program.
37(2) With the remaining funds, to offset the costs to the regional
38centers in implementing the Self-Determination Program,
39including, but not limited to, operations costs for caseload ratio
40enhancement, training for regional center staff, costs associated
P43 1with the participant’s initial person-centered planning meeting,
2the development of the participant’s initial individual budget, and
3the costs associated with training consumers and family members.
4(h) If at any time during participation in the Self-Determination
5
Program a regional center determines that a participant is no longer
6eligible to continue in, or a participant voluntarily chooses to exit,
7the Self-Determination Program, the regional center shall provide
8for the participant’s transition from the Self-Determination Program
9to other services and supports. This transition shall include the
10development of a new IPP that reflects the services and supports
11necessary to meet the individual’s needs. The regional center shall
12ensure that there is no gap in services and supports during the
13transition period.
14(i) An individual determined to be ineligible for or who
15voluntarily exits the Self-Determination Program shall be permitted
16to return to the Self-Determination Program upon meeting all
17applicable eligibility criteria and upon approval of the participant’s
18planning team, as described in subdivision (j) of Section 4512. An
19individual who has voluntarily exited the Self-Determination
20Program shall
not return to the program for at least 12 months.
21During the first three years of the program, the individual’s right
22to return to the program is conditioned on his or her regional center
23not having reached the participant cap imposed by paragraph (1)
24of subdivision (b).
25(j) An individual who participates in the Self-Determination
26Program may elect to continue to receive self-determination
27services and supports if he or she transfers to another regional
28center catchment area, provided that he or she remains eligible for
29the Self-Determination Program pursuant to subdivision (d). The
30balance of the participant’s individual budget shall be reallocated
31to the regional center to which he or she transfers.
32(k) The IPP team shall utilize the person-centered planning
33process to develop the IPP for a participant. The IPP shall detail
34the goals and objectives of the participant that are to
be met through
35the purchase of participant-selected services and supports. The
36IPP team shall determine the individual budget to ensure the budget
37assists the participant to achieve the outcomes set forth in his or
38her IPP and ensures his or her health and safety. The completed
39individual budget shall be attached to the IPP.
P44 1(l) The participant shall implement his or her IPP, including
2choosing and purchasing the services and supports allowable under
3this section necessary to implement the plan. A participant is
4exempt from the cost control restrictions regarding the purchases
5of services and supports pursuant to Sections 4648.5 and 4686.5.
6A regional center shall not prohibit the purchase of any service or
7support that is otherwise allowable under this section.
8(m) A participant shall have all the rights established in Sections
94646 to 4646.6, inclusive, and Chapter 7 (commencing
with Section
104700).
11(n) (1) Except as provided in paragraph (4), the IPP team shall
12determine the initial and any revised individual budget for the
13participant using the following methodology:
14(A) (i) Except as specified in clause (ii), for a participant who
15is a current consumer of the regional center, his or her individual
16budget shall be the total amount of the most recently available 12
17months of purchase of service expenditures for the participant.
18(ii) An adjustment may be made to the amount specified in
19clause (i) if both of the following occur:
20(I) The IPP team determines that an adjustment to this amount
21is necessary due to a change in the participant’s circumstances,
22needs, or resources that would
result in an increase or decrease in
23purchase of service expenditures, or the IPP team identifies prior
24needs or resources that were unaddressed in the IPP, which would
25have resulted in an increase or decrease in purchase of service
26expenditures.
27(II) The regional center certifies on the individual budget
28document that regional center expenditures for the individual
29budget, including any adjustment, would have occurred regardless
30of the individual’s participation in the Self-Determination Program.
31(iii) For purposes of clauses (i) and (ii), the amount of the
32individual budget shall not be increased to cover the cost of the
33independent facilitator or the financial management services.
34(B) For a participant who is either newly eligible for regional
35center services or who does not have 12 months of purchase service
36
expenditures, his or her individual budget shall be calculated as
37follows:
38(i) The IPP team shall identify the services and supports needed
39by the participant and available resources, as required by Section
404646.
P45 1(ii) The regional center shall calculate the cost of providing the
2services and supports to be purchased by the regional center by
3using the average cost paid by the regional center for each service
4or support unless the regional center determines that the consumer
5has a unique need that requires a higher or lower cost. The regional
6center shall certify on the individual budget document that this
7amount would have been expended using regional center purchase
8of service funds regardless of the individual’s participation in the
9Self-Determination Program.
10(iii) For purposes of clauses (i) and (ii), the amount
of the
11individual budget shall not be increased to cover the cost of the
12independent facilitator or the financial management services.
13(2) The amount of the individual budget shall be available to
14the participant each year for the purchase of program services and
15supports. An individual budget shall be calculated no more than
16once in a 12-month period, unless revised to reflect a change in
17circumstances, needs, or resources of the participant using the
18process specified in clause (ii) of subparagraph (A) of paragraph
19(1).
20(3) The individual budget shall be assigned to uniform budget
21categories developed by the department in consultation with
22stakeholders and distributed according to the timing of the
23anticipated expenditures in the IPP and in a manner that ensures
24that the participant has the financial resources to implement his or
25her IPP throughout the year.
26(4) The department, in consultation with stakeholders, may
27develop alternative methodologies for individual budgets that are
28computed in a fair, transparent, and equitable manner and are based
29on consumer characteristics and needs, and that include a method
30for adjusting individual budgets to address a participant’s change
31in circumstances or needs.
32(o) Annually, participants may transfer up to 10 percent of the
33funds originally distributed to any budget category set forth in
34paragraph (3) of subdivision (n) to another budget category or
35categories. Transfers in excess of 10 percent of the original amount
36allocated to any budget category may be made upon the approval
37of the regional center or the participant’s IPP team.
38(p) Consistent with the implementation date of the IPP, the IPP
39team shall annually ascertain from
the participant whether there
40are any circumstances or needs that require a change to the annual
P46 1individual budget. Based on that review, the IPP team shall
2calculate a new individual budget consistent with the methodology
3identified in subdivision (n).
4(q) (1) On or before December 31, 2014, the department shall
5apply for federal Medicaid funding for the Self-Determination
6Program by doing one or more of the following:
7(A) Applying for a state plan amendment.
8(B) Applying for an amendment to a current home- and
9community-based waiver for individuals with developmental
10disabilities.
11(C) Applying for a new waiver.
12(D) Seeking to maximize federal financial participation
through
13other means.
14(2) To the extent feasible, the state plan amendment, waiver, or
15other federal request described in paragraph (1) shall incorporate
16the eligibility requirements, benefits, and operational requirements
17set forth in this section. Except for the provisions of subdivisions
18(k), (m), (p), and this subdivision, the department may modify
19eligibility requirements, benefits, and operational requirements as
20needed to secure approval of federal funding.
21(3) Contingent upon approval of federal funding, the
22Self-Determination Program shall be established.
23(r) (1) The department, as it determines necessary, may adopt
24regulations to implement the procedures set forth in this section.
25Any regulations shall be adopted in accordance with the
26requirements of Chapter 3.5 (commencing with
Section 11340) of
27Part 1 of Division 3 of Title 2 of the Government Code.
28(2) Notwithstanding paragraph (1) and Chapter 3.5 (commencing
29with Section 11340) of Part 1 of Division 3 of Title 2 of the
30Government Code, and only to the extent that all necessary federal
31approvals are obtained, the department, without taking any further
32regulatory action, shall implement, interpret, or make specific this
33section by means of program directives or similar instructions until
34the time regulations are adopted. It is the intent of the Legislature
35that the department be allowed this temporary authority as
36necessary to implement program changes only until completion
37of the regulatory process.
38(s) The department, in consultation with stakeholders, shall
39develop informational materials about the Self-Determination
40Program. The department shall ensure that regional centers are
P47 1trained in the
principles of self-determination, the mechanics of
2the Self-Determination Program, and the rights of consumers and
3families as candidates for, and participants in, the
4Self-Determination Program.
5(t) Each regional center shall be responsible for implementing
6the Self-Determination Program as a term of its contract under
7Section 4629. As part of implementing the program, the regional
8center shall do both of the following:
9(1) Contract with local consumer or family-run organizations
10and consult with the local volunteer advisory committee established
11pursuant to paragraph (1) of subdivision (x) to conduct outreach
12through local meetings or forums to consumers and their families
13to provide information about the Self-Determination Program and
14to help ensure that the program is
available to a diverse group of
15participants, with special outreach to underserved communities.
16(2) Collaborate with the local consumer or family-run
17organizations identified in paragraph (1) to jointly conduct training
18about the Self-Determination Program. The regional center shall
19consult with the local volunteer advisory committee established
20pursuant to paragraph (1) of subdivision (x) in planning for the
21training, and the local volunteer advisory committee may designate
22members to represent the advisory committee at the training.
23(u) The financial management services provider shall provide
24the participant and the regional center service coordinator with a
25monthly individual budget statement that describes the amount of
26funds allocated by budget category, the amount
spent in the
27previous 30-day period, and the amount of funding that remains
28available under the participant’s individual budget.
29(v) Only the financial management services provider is required
30to apply for vendorization in accordance with Subchapter 2
31(commencing with Section 54300) of Chapter 3 of Division 2 of
32Title 17 of the California Code of Regulations for the
33Self-Determination Program. All other service and support
34providers shall not be on the federal debarment list and shall have
35applicable state licenses, certifications, or other state required
36documentation, including documentation of any other qualifications
37required by the department, but are exempt from the vendorization
38requirements set forth in Title 17 of the California Code of
39Regulations when serving participants in the Self-Determination
40Program.
P48 1(w) To protect the health and safety of participants in the
2
Self-Determination Program, the department shall require a
3criminal background check in accordance with all of the following:
4(1) The department shall issue a program directive that identifies
5nonvendored providers of services and supports who shall obtain
6a criminal background check pursuant to this subdivision. At a
7minimum, these staff shall include both of the following:
8(A) Individuals who provide direct personal care services to a
9participant.
10(B) Other nonvendored providers of services and supports for
11whom a criminal background check is requested by a participant
12or the participant’s financial management service.
13(2) Subject to the procedures and requirements of this
14subdivision, the department shall administer criminal background
15checks
consistent with the department’s authority and the process
16described in Sections 4689.2 to 4689.6, inclusive.
17(3) The department shall electronically submit to the Department
18of Justice fingerprint images and related information required by
19the Department of Justice of nonvendored providers of services
20and supports, as specified in paragraph (1), for purposes of
21obtaining information as to the existence and content of a record
22of state or federal convictions and state or federal arrests and also
23information as to the existence and content of a record of state or
24federal arrests for which the Department of Justice establishes that
25the person is free on bail or on his or her recognizance pending
26trial or appeal.
27(4) When received, the Department of Justice shall forward to
28the Federal Bureau of Investigation requests for federal summary
29criminal history information received pursuant
to this section. The
30Department of Justice shall review the information returned from
31the Federal Bureau of Investigation and compile and disseminate
32a response to the department.
33(5) The Department of Justice shall provide a state or federal
34response to the department pursuant to paragraph (1) of subdivision
35(p) of Section 11105 of the Penal Code.
36(6) The department shall request from the Department of Justice
37subsequent notification service, as provided pursuant to Section
3811105.2 of the Penal Code, for persons described in paragraph (1).
P49 1(7) The Department of Justice shall charge a fee sufficient to
2cover the cost of processing the request described in this
3subdivision.
4(8) The fingerprints of any provider of services and supports
5who is required to
obtain a criminal background check shall be
6submitted to the Department of Justice prior to employment. The
7costs of the fingerprints and the financial management service’s
8administrative cost authorized by the department shall be paid by
9the services and supports provider or his or her employing agency.
10Any administrative costs incurred by the department pursuant to
11this subdivision shall be offset by the funds specified in subdivision
12(g).
13(9) If the criminal record information report shows a criminal
14history, the department shall take the steps specified in Section
154689.2. The department may prohibit a provider of services and
16supports from becoming employed, or continuing to be employed,
17based on the criminal background check, as authorized in Section
184689.6. The provider of services and supports who has been denied
19employment shall have the rights set forth in Section 4689.6.
20(10) The department may utilize a current department-issued
21criminal record clearance to enable a provider to serve more than
22one participant, as long as the criminal record clearance has been
23processed through the department and no subsequent arrest
24notifications have been received relative to the cleared applicant.
25(11) Consistent with subdivision (h) of Section 4689.2, the
26participant or financial management service that denies or
27terminates employment based on written notification from the
28department shall not incur civil liability or unemployment insurance
29liability.
30(x) To ensure the effective implementation of the
31Self-Determination Program and facilitate the sharing of best
32practices and training materials commencing with the
33implementation of the Self-Determination Program, local and
34statewide advisory committees shall be established as follows:
35(1) Each regional center shall establish a local volunteer advisory
36committee to provide oversight of the Self-Determination Program.
37The regional center and the State Council on Developmental
38Disabilities shall each appoint one-half of the membership of the
39committee. The committee shall consist of the regional center
40clients’ rights advocate, consumers, family members, and other
P50 1advocates, and community leaders. A majority of the committee
2shall be consumers and their family members. The committee shall
3reflect the multicultural diversity and geographic profile of the
4catchment area. The committee shall review the development and
5ongoing progress of the Self-Determination Program, including
6whether the program advances the principles of self-determination
7and is operating consistent with the requirements of this section,
8and may make ongoing recommendations for improvement to the
9regional center and the department.
10(2) The State Council on Developmental Disabilities shall form
11a volunteer committee, to be known as the Statewide
12Self-Determination Advisory Committee, comprised of the chairs
13of the 21 local advisory committees or their designees. The council
14shall convene the Statewide Self-Determination Advisory
15Committee twice annually, or more frequently in the sole discretion
16of the council. The Statewide Self-Determination Advisory
17Committee shall meet by teleconference or other means established
18by the council to identify self-determination best practices,
19effective consumer and family training materials, implementation
20concerns, systemic issues, ways to enhance the program, and
21recommendations regarding the most effective method for
22participants to learn of individuals who are available to provide
23services and supports. The council shall synthesize information
24received from the Statewide Self-Determination Advisory
25Committee, local advisory committees,
and other sources, share
26the information with consumers, families, regional centers, and
27the department, and make recommendations, as appropriate, to
28increase the program’s effectiveness in furthering the principles
29of self-determination.
30(y) Commencing January 10, 2017, the department shall
31annually provide the following information to the appropriate
32policy and fiscal committees of the Legislature:
33(1) Number and characteristics of participants, by regional
34center, including the number of participants who entered the
35program upon movement from a developmental center.
36(2) Types and amount of services and supports purchased under
37the Self-Determination Program, by regional center.
38(3) Range and average of individual budgets, by regional center,
39
including adjustments to the budget to address the adjustments
P51 1permitted in clause (ii) of subparagraph (A) of paragraph (1) of
2subdivision (n).
3(4) The number and outcome of appeals concerning individual
4budgets, by regional center.
5(5) The number and outcome of fair hearing appeals, by regional
6center.
7(6) The number of participants who voluntarily withdraw from
8the Self-Determination Program and a summary of the reasons
9why, by regional center.
10(7) The number of participants who are subsequently determined
11to no longer be eligible for the Self-Determination Program and a
12summary of the reasons why, by regional center.
13(z) (1) The State Council on Developmental
Disabilities, in
14collaboration with the protection and advocacy agency identified
15in Section 4900 and the federally funded University Centers for
16Excellence in Developmental Disabilities Education, Research,
17and Service, may work with regional centers to survey participants
18regarding participant satisfaction under the Self-Determination
19Program and, when data is available, the traditional service delivery
20system, including the proportion of participants who report that
21their choices and decisions are respected and supported and who
22report that they are able to recruit and hire qualified service
23providers, and to identify barriers to participation and
24recommendations for improvement.
25(2) The council, in collaboration with the protection and
26advocacy agency identified in Section 4900 and the federally
27funded University Centers for Excellence in Developmental
28Disabilities Education, Research, and Service, shall issue a report
29to the Legislature,
in compliance with Section 9795 of the
30Government Code, no later than three years following the approval
31of the federal funding on the status of the Self-Determination
32Program authorized by this section, and provide recommendations
33to enhance the effectiveness of the program. This review shall
34include the program’s effectiveness in furthering the principles of
35self-determination, including all of the following:
36(A) Freedom, which includes the ability of adults with
37developmental disabilities to exercise the same rights as all citizens
38to establish, with freely chosen supporters, family and friends,
39where they want to live, with whom they want to live, how their
40time will be occupied, and who supports them; and for families to
P52 1have the freedom to receive unbiased assistance of their own
2choosing when developing a plan and to select all personnel and
3supports to further the life goals of a minor child.
4(B) Authority, which includes the ability of a person with a
5disability, or family, to control a certain sum of dollars in order to
6purchase services and supports of their choosing.
7(C) Support, which includes the ability to arrange resources and
8personnel, both formal and informal, that will assist a person with
9a disability to live a life in his or her community that is rich in
10community participation and contributions.
11(D) Responsibility, which includes the ability of participants to
12take responsibility for decisions in their own lives and to be
13accountable for the use of public dollars, and to accept a valued
14role in their community through, for example, competitive
15employment, organizational affiliations, spiritual development,
16and general caring of others in their community.
17(E) Confirmation, which includes confirmation of the critical
18role of participants and their families in making decisions in their
19own lives and designing and operating the system that they rely
20on.
Section 4690.5 of the Welfare and Institutions Code
22 is amended to read:
Notwithstanding any other law or regulation,
24commencing July 1, 2016, and to the extent funds are appropriated
25in the annual Budget Act for this purpose, the rate for family
26member-provided respite services authorized by the department
27and in effect on June 30, 2016, and the rates for out-of-home respite
28services in effect on June 30, 2016, shall be increased by 5 percent.
29The increase shall be applied as a percentage, and the percentage
30shall be the same for all
providers.
Section 4691.6 of the Welfare and Institutions Code
32 is amended to read:
(a) Notwithstanding any other law or regulation,
34commencing July 1, 2006, the community-based day program,
35work activity program, and in-home respite service agency rate
36schedules authorized by the department and in operation June 30,
372006, shall be increased by 3 percent, subject to funds specifically
38appropriated for this increase in the Budget Act of 2006. The
39increase shall be applied as a percentage, and the percentage shall
40be the same for all providers. Any subsequent increase shall be
P53 1governed by subdivisions (b), (c), (d), (e), (f), (g), (h), (i), (j), (k),
2and (l), and Section 4691.9.
3(b) Notwithstanding any other law or regulation, the department
4shall not establish any permanent payment rate for a
5community-based day program or in-home respite
service agency
6provider that has a temporary payment rate in effect on June 30,
72008, if the permanent payment rate would be greater than the
8temporary payment rate in effect on or after June 30, 2008, unless
9the regional center demonstrates to the department that the
10permanent payment rate is necessary to protect the consumers’
11health or safety.
12(c) Notwithstanding any other law or regulation, neither the
13department nor any regional center shall approve any program
14design modification or revendorization for a community-based
15day program or in-home respite service agency provider that would
16result in an increase in the rate to be paid to the vendor from the
17rate that is in effect on or after June 30, 2008, unless the regional
18center demonstrates that the program design modification or
19revendorization is necessary to protect the consumers’ health or
20safety and the department has granted prior written authorization.
21(d) Notwithstanding any other law or regulation, the department
22shall not approve an anticipated rate adjustment for a
23community-based day program or in-home respite service agency
24provider that would result in an increase in the rate to be paid to
25the vendor from the rate that is in effect on or after June 30, 2008,
26unless the regional center demonstrates that the anticipated rate
27adjustment is necessary to protect the consumers’ health or safety.
28(e) Notwithstanding any other law or regulation, except as set
29forth in subdivisions (f) and (i), the department shall not approve
30any rate adjustment for a work activity program that would result
31in an increase in the rate to be paid to the vendor from the rate that
32is in effect on or after June 30, 2008, unless the regional center
33demonstrates that the rate adjustment is necessary to protect the
34consumers’ health and safety and the
department has granted prior
35written authorization.
36(f) Notwithstanding any other law or regulation, commencing
37
January 1, 2017, the department may approve rate adjustments for
38a work activity program that demonstrates to the department that
39the rate adjustment is necessary in order to pay employees who,
40prior to January 1, 2017, were being compensated at a wage that
P54 1is less than the minimum wage established on and after January
21, 2017, by Section 1182.12 of the Labor Code, as amended by
3
Chapter 4 of the Statutes of 2016. The rate adjustment pursuant to
4this subdivision shall be specific to payroll costs associated with
5any increase necessary to adjust employee pay only to the extent
6necessary to bring pay into compliance with the increased state
7minimum wage, and shall not constitute a general wage
8enhancement for employees paid above the increased minimum
9wage.
10(g) Notwithstanding any other law or regulation, commencing
11January 1, 2017, community-based day program and in-home
12respite services agency providers with temporary payment rates
13set by the department may seek unanticipated rate adjustments
14from the department due to the impacts of the increased minimum
15wage as established
by Section 1182.12 of the Labor Code, as
16amended by
Chapter 4 of the Statutes of 2016. The rate adjustment
17shall be specific to payroll costs associated with any increase
18necessary to adjust employee pay only to the extent necessary to
19bring pay into compliance with the increased state minimum wage,
20and shall not constitute a general wage enhancement for employees
21paid above the increased minimum wage.
22(h) Notwithstanding any other law or regulation, commencing
23January 1, 2015, the in-home respite service agency rate schedule
24authorized by the department and in operation December 31, 2014,
25shall be increased by 5.82 percent, subject to funds specifically
26appropriated for this increase for costs due to changes in federal
27regulations implementing the federal Fair Labor Standards Act of
281938 (29 U.S.C. Sec. 201 et seq.). The increase shall be applied
29as a percentage, and the percentage shall be the same for all
30applicable providers.
31(i) Notwithstanding any other law or regulation, commencing
32July 1, 2015, the department may approve rate adjustments for a
33work activity program that demonstrates to the department that
34the rate adjustment is necessary to implement Article 1.5
35(commencing with Section 245) of Chapter 1 of Part 1 of Division
362 of the Labor Code, as added by Chapter 317 of the Statutes of
372014. The rate adjustment may be applied only if a minimum of
3824 hours or three days of paid sick leave per year was not a benefit
39provided to employees as of June 30, 2015, and shall be specific
40to payroll costs associated with any increase necessary to
P55 1compensate an employee up to a maximum of 24 hours or three
2days of paid sick leave in each year of employment.
3(j) Notwithstanding any other law or regulation, commencing
4July 1, 2015, community-based day program and in-home respite
5services agency providers with
temporary payment rates set by
6the department may seek unanticipated rate adjustments from the
7department if the adjustment is necessary to implement Article 1.5
8(commencing with Section 245) of Chapter 1 of Part 1 of Division
92 of the Labor Code, as added by Chapter 317 of the Statutes of
102014. The rate adjustment may be applied only if a minimum of
1124 hours or three days of paid sick leave per year was not a benefit
12provided to employees as of June 30, 2015, and shall be specific
13to payroll costs associated with any increase necessary to
14compensate an employee up to a maximum of 24 hours or three
15days of paid sick leave in each year of employment.
16(k) Notwithstanding any other law or regulation, commencing
17July 1, 2016, and to the extent funds are appropriated in the annual
18Budget Act for this purpose, the in-home respite service agency
19rate schedule authorized by the department and in operation June
2030, 2016, shall be increased by 5 percent.
The increase shall be
21applied as a percentage, and the percentage shall be the same for
22all providers.
23(l) Notwithstanding any other law or regulation, commencing
24July 1, 2016, and to the extent funds are appropriated in the annual
25Budget Act for this purpose, the independent living service rate
26schedule authorized by the department and in operation June 30,
272016, shall be increased by 5 percent. The increase shall be applied
28as a percentage, and the percentage shall be the same for all
29providers.
Section 4691.9 of the Welfare and Institutions Code
31 is amended to read:
(a) Notwithstanding any other law or regulation,
33commencing July 1, 2008:
34(1) A regional center shall not pay an existing service provider,
35for services where rates are determined through a negotiation
36between the regional center and the provider, a rate higher than
37the rate in effect on June 30, 2008, unless the increase is required
38by a contract between the regional center and the vendor that is in
39effect on June 30, 2008, or the regional center demonstrates that
P56 1the approval is necessary to protect the consumer’s health or safety
2and the department has granted prior written authorization.
3(2) A regional center shall not negotiate a rate with a new service
4provider, for services where rates are
determined through a
5negotiation between the regional center and the provider, that is
6higher than the regional center’s median rate for the same service
7code and unit of service, or the statewide median rate for the same
8service code and unit of service, whichever is lower. The unit of
9service designation shall conform with an existing regional center
10designation or, if none exists, a designation used to calculate the
11statewide median rate for the same service. The regional center
12shall annually certify to the State Department of Developmental
13Services its median rate for each negotiated rate service code, by
14designated unit of service. This certification shall be subject to
15verification through the department’s biennial fiscal audit of the
16regional center.
17(b) Notwithstanding subdivision (a), commencing
January 1,
182017, regional centers may negotiate a rate adjustment with
19providers regarding rates if the adjustment is necessary in order
20to pay employees no less than the minimum wage as established
21by Section 1182.12 of the Labor Code, as amended by Chapter 4
22of the Statutes of 2016, and only for the purpose of adjusting
23payroll costs associated with the minimum wage increase. The
24rate adjustment shall be specific to the unit of service designation
25that is affected by the increased minimum wage, shall be specific
26to payroll costs associated with any increase necessary to adjust
27employee pay only to the extent necessary to bring pay into
28compliance with the increased state minimum wage, and shall not
29be used as a general wage enhancement for
employees paid above
30the increased minimum wage. Regional centers shall maintain
31documentation on the process to determine, and the rationale for
32granting, any rate adjustment associated with the minimum wage
33increase.
34(c) Notwithstanding any other law or regulation, commencing
35January 1, 2015, rates for personal assistance and supported living
36services in effect on December 31, 2014, shall be increased by
375.82 percent, subject to funds specifically appropriated for this
38increase for costs due to changes in federal regulations
39implementing the federal Fair Labor Standards Act of 1938 (29
40U.S.C. Sec. 201 et seq.). The increase shall be applied as a
P57 1percentage, and the percentage shall be the same for all applicable
2providers. As used in this subdivision, both of the following
3definitions shall apply:
4(1) “Personal assistance” is limited only to those services
5provided by vendors
classified by the regional center as personal
6assistance providers, pursuant to the miscellaneous services
7provisions contained in Title 17 of the California Code of
8Regulations.
9(2) “Supported living services” are limited only to those services
10defined as supported living services in Title 17 of the California
11Code of Regulations.
12(d) Notwithstanding subdivision (a), commencing July 1, 2015,
13regional centers may negotiate a rate adjustment with existing
14service providers for services for which rates are determined
15through negotiation between the regional center and the provider,
16 if the adjustment is necessary to implement Article 1.5
17(commencing with Section 245) of Chapter 1 of Part 1 of Division
182 of the Labor Code, as added by Chapter 317 of the Statutes of
192014. The rate adjustment may be applied only if a minimum of
2024 hours or three days of paid sick leave per year was not
a benefit
21provided to employees as of June 30, 2015, and shall be specific
22to payroll costs associated with any increase necessary to
23compensate an employee up to a maximum of 24 hours or three
24days of paid sick leave in each year of employment.
25(e) Notwithstanding any other law or regulation, commencing
26July 1, 2016, and to the extent funds are appropriated in the annual
27Budget Act for this purpose, rates for transportation services in
28effect on June 30, 2016, shall be increased by 5 percent. The
29increase shall be applied as a percentage to existing rates, and the
30percentage shall be the same for all applicable providers.
31(f) This section shall not apply to those services for which rates
32are determined by the State Department of Health Care Services,
33or the State Department of Developmental Services, or are usual
34and customary.
Section 4870 of the Welfare and Institutions Code is
36amended to read:
(a) To encourage competitive integrated employment
38opportunities statewide for individuals with developmental
39disabilities, the department shall establish guidelines and oversee
40a program, to the extent funds are appropriated in the annual
P58 1Budget Act for this purpose, to increase paid internship
2opportunities for individuals with developmental disabilities that
3produce outcomes consistent with the individual program plan.
4The department shall consult with the State Council on
5Developmental Disabilities, regional centers, employers, supported
6employment provider organizations, and clients’ rights advocates,
7to establish a program that shall be administered by community
8service providers and that meets all of the following criteria:
9(1) Payments
for internships shall not exceed ten thousand four
10hundred dollars ($10,400) per year for each individual placed in
11an internship.
12(2) Placements shall be made into competitive, integrated work
13environments.
14(3) Placements shall be made into internships that develop skills
15that will facilitate paid employment opportunities in the future.
16(4) Regional centers shall increase awareness of these internships
17to consumers outside of current employment programs through
18outreach to consumers once the program is implemented, as well
19as during the individual program plan process.
20(b) The department shall require annual reporting by regional
21centers and vendors that ensures program accountability and
22achievement of program goals. This shall include, but is not
limited
23to, all of the following:
24(1) The number of interns placed who might not otherwise have
25achieved the placement absent this internship program.
26(2) Types of employment in which interns are placed.
27(3) Length of internships.
28(4) Demographic information of interns.
29(5) Amount of each intern placement payment.
30(6) Employment-related supports provided by another agency
31or individual to the intern.
32(7) Number of interns who subsequently entered paid
33employment, including salary and benefit information.
34(8) Any additional information, as determined by the department.
35(c) The department shall include in its annual May Revision
36fiscal estimate a description of the implementation of the program,
37including, but not limited to, a description of the stakeholder
38consultation, the data described in subdivision (b), aggregated by
39regional center and statewide, and any recommendations for
P59 1program changes that may be necessary or desirable to maximize
2program effectiveness and accountability.
3(d) Consistent with the individual program plan, the program
4shall increase sustained and appropriate competitive integrated
5employment placements by
regional center service providers, as
6follows:
7(1) A payment of one thousand dollars ($1,000) shall be made
8to the regional center service provider that, on or after July 1, 2016,
9places an individual into competitive integrated employment, and
10the individual is still competitively employed after 30 consecutive
11days, as described in subdivision (o) of Section 4851 and
12subdivision (d) of Section 4868.
13(2) An additional payment of one thousand two hundred fifty
14
dollars ($1,250)
shall be made to the regional center service
15provider for an individual described in paragraph (1) who remains
16in competitive integrated employment for six consecutive months.
17(3) An additional payment of one thousand five hundred dollars
18($1,500) shall be made to the regional center service provider for
19an individual described in paragraphs (1) and (2) who
remains in
20competitive integrated employment for 12 consecutive months.
21(e) Regional centers shall annually report to the department the
22payments for placements pursuant to subdivision (d). The
23information shall be reported in a format determined by the
24department, and shall include the number of individuals placed in
25internships or other employment as described in this section each
26year.
27(f) The payments made pursuant to this section shall not be in
28addition to the placement payments made pursuant to subdivision
29(d) of Section 4860.
30(g) Regional center service providers that place individuals into
31internships under subdivision
(a) are not eligible for the
32employment placement incentives under this section, until the
33individual is transitioned into a competitive integrated employment
34placement that is not funded as an internship.
Section 15 of Chapter 3 of the Statutes of 2016,
36Second Extraordinary Session, is amended to read:
(a) The sum of two hundred eighty-seven million
38dollars ($287,000,000) is hereby appropriated from the General
39Fund to the State Department of Developmental Services to provide
40all of the following, effective July 1, 2016:
P60 1(1) Twenty-nine million seven hundred thousand dollars
2($29,700,000) for regional centers for staff, in an allocation to be
3determined by the department.
4(2) One million four hundred thousand dollars ($1,400,000) for
5regional centers for administrative costs, in an allocation to be
6determined by the department. This amount includes an amount
7to be allocated by the department for regional center clients’ rights
8advocates contracts pursuant to subdivision (b) of Section 4433.
9(3) Nine million nine hundred thousand dollars ($9,900,000)
10for administrative costs for service providers, in an allocation to
11be determined by the department.
12(4) One hundred sixty-nine million five hundred thousand dollars
13($169,500,000) for a rate increase for staff providing direct services
14employed by a community-based provider organization, in a
15manner to be determined by the department.
16(5) A 5-percent rate increase for supported and independent
17living services.
18(6) Twenty million dollars ($20,000,000) for competitive
19integrated employment incentive payments.
20(7) A 5-percent rate increase for in-home and out-of-home
21respite services.
22(8) A 5-percent increase for transportation services.
23(9) A three-dollar-and-forty-two-cent ($3.42) per hour rate
24increase for supported employment providers.
25(10) Eleven million dollars ($11,000,000) for bilingual staff at
26regional centers and implementing plans and recommendations to
27address disparities.
28(b) The sum of one hundred eighty-six million two hundred
29thousand dollars ($186,200,000) in reimbursements associated
30with the funds appropriated in subdivision (a) is hereby
31appropriated to the State Department of Developmental Services
32for the purposes specified in subdivision (a).
33(c) These funds shall be available for encumbrance or
34expenditure until June 30, 2017, and available for
liquidation until
35June 30, 2019.
With the fiscal and research resources included as
37part of the Budget Act of 2016, the State Department of
38Developmental Services shall annually assess disparities data
39reported by regional centers, caseload ratio requirements by
40regional centers, and performance dashboard data, collected
P61 1pursuant to Section 4572 of the Welfare and Institutions Code, as
2it becomes available.
(a) The State Department of Developmental Services
4shall report quarterly to the Joint Legislative Budget Committee
5the estimated amount of General Fund expenditures used to backfill
6federal funding as a result of the decertification of intermediate
7care facility units at the Sonoma Developmental Center.
8(b) If the intermediate care facility units at the Fairview
9Developmental Center or the Porterville Developmental Center
10are decertified by the federal government in the 2016-17 fiscal
11year, the State Department of
Developmental Services shall report
12quarterly to the Joint Legislative Budget Committee the estimated
13amount of General Fund expenditures used to backfill federal
14funding as a result of the decertification or decertifications.
This act is a bill providing for appropriations related
16to the Budget Bill within the meaning of subdivision (e) of Section
1712 of Article IV of the California Constitution, has been identified
18as related to the budget in the Budget Bill, and shall take effect
19immediately.
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