BILL ANALYSIS Ó
SB 834
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SENATE THIRD READING
SB
834 (Committee on Budget and Fiscal Review)
As Amended June 12, 2016
Majority vote. Budget Bill Appropriation Takes Effect
Immediately
SENATE VOTE: Vote not relevant
SUMMARY: The omnibus developmental services trailer bill, and
contains changes to implement the 2016-17 Budget. Specifically,
this bill:
1)Currently, state employment must be terminated prior to
becoming a vendor, resulting in a loss of income during the
start-up period, which can take up to one year. This bill
allows developmental center employees working at facilities
slated for closure to become service providers prior to
termination of their state employment.
2)Establishes a rate schedule for residential community care
facilities vendored to provide services to a maximum of four
persons with developmental disabilities. Prohibits regional
centers from authorizing any residential service-level
changes, if the change would increase state costs.
3)Repeals obsolete authority for the Prevention Resources and
Referral Services program as eligibility for the Early Start
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program was restored, effective January 1, 2015.
4)Extends managed care provisions for Medi-Cal eligible
individuals at the developmental centers that transition to
the community and need coordinated medical and specialty care
as documented in their individual program plan. These
specified managed care provisions include access to
specialized medical care, enhanced case management, and
expedited enrollment services. Requires that the plan
outlining these special provisions be shared with stakeholders
prior to being finalized and be submitted to the Legislature
by December 31, 2016.
5)Requires the department to provide an update to the
Legislature at the time of the 2017-18 May budget revision
regarding how the department will ensure access to crisis
services post developmental closure and how the state will
maintain its role in providing residential services to those
whom private sector vendors cannot or will not serve.
6)Requires that reports of injuries, death, restraint usage, and
incidents of seclusion, for example, at community facilities
be reported to the federally-mandated protection and advocacy
agency.
7)Limits the use of seclusion and restraints in enhanced
behavioral support homes licensed by the Department of Social
Services.
8)Requires regular public posting (on the department's Internet
Web site) of progress being made to develop residential
capacity by regional center, including information on monthly
targets for movers based on transition activities and
community resource development activities) by regional center.
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This monthly reporting would also include information on why
targets are not met.
9)Requires regional centers to consult with stakeholders
regarding activities that may be effective in addressing
disparities. Requires the department to review requests for
funding for activities related to addressing disparities
within 30 days from the receipt of the last proposal.
Requires each regional center to report to the department how
the funding allocations for activities related to addressing
disparities were used.
10)Requires regional centers to consult with the local volunteer
advisory committee when conducting outreach to provide
information about the Self-Determination Program and in the
planning for trainings regarding this program.
11)Clarifies that the rate increase provided by AB 1 X2
(Thurmond), Chapter 3, Statutes of 2015-16 Second
Extraordinary Session, applies to out-of-home respite
services. Clarifies the provisions of competitive integrated
employment (CIE) to expand participation in the workforce by
providing an incentive payment separate from supported
employment services for regional center providers that place
individuals in CIE and that, in order for a provider to
receive the first incentive payment, the individual must be
employed after 30 consecutive days.
12)Implements provider rate adjustments to address the state
minimum wage increase. SB 3 (Leno), Chapter 4, Statutes of
2016, provides for a series of scheduled increases to the
state's minimum wage such that, depending on economic and
budgetary conditions, the minimum wage would reach $15.00 per
hour by January 1, 2022, after which it would be indexed to
inflation.
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13)Establishes a performance dashboard, requires the Department
of Developmental Services (DDS) to work with stakeholders on
the development of this dashboard, and requires this dashboard
to be published annually. Metrics included in this dashboard
would include, but not be limited to:
a) Recognized quality and access measures.
b) Measures to indicate compliance with new federal Home
and Community Based Services waiver rules.
c) Measures to evaluate the changes in the number of
consumers who work in competitive integrated employment.
d) Consumer complaints.
e) Number of administrative hearings.
14)Requires DDS to annually report and post on its website
supplemental budget information. This information would be
reported by February 1 and includes:
a) Budget estimates for each developmental center,
including a break out of staffing costs for Porterville
Development Center's general treatment area and secured
treatment area.
b) For each regional center: current year estimates for
operations funding, purchase of service (POS) funding,
caseload, per capita for operations, per capita for POS.
c) By regional center, information on staff.
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d) For Community Placement Program (CPP) funding: for each
regional center, past year and current year information by
component of CPP.
15)Specifies analysis and deliverables for the new fiscal and
research unit established in the budget. These would include
an:
a) Assessment of disparities data reported by regional
centers.
b) Assessment of caseload ratio requirements by regional
center.
c) Assessment of performance dashboard data as it becomes
available.
16)Requires DDS to report quarterly on the estimated General
Fund backfill costs as a result of the loss of federal funds
due to the decertification of intermediate care facility units
at the Sonoma Developmental Center. Also requires similar
reporting if these units at the Fairview and Porterville
Developmental Centers are decertified by the federal
government in the budget year.
FISCAL EFFECT: This bill appropriates federal funds related to
developmental services.
COMMENTS: This bill makes technical and clarifying statutory
revisions necessary to implement the Budget Act of 2016.
Analysis Prepared by:
Jazmin Hicks / BUDGET / (916) 319-2099 FN:
0003427
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