BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 982  
          (McGuire) - As Amended May 31, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:  This bill requires the Department of Developmental  
          Services (DDS) to contract with an outside agency, beginning  
          July 1, 2017, to conduct a longitudinal study to collect data on  
          the quality of life of residents of the Sonoma Developmental  
          Center (SDC), the Fairview Developmental Center (FDC), and the  
          general treatment area of the Porterville Developmental Center  
          (PDC) who transition out of the facilities due the closure of  
          these centers.  Specifically, this bill: 


          1)Requires the study to supplement the quality assessment system  
            established in current law and that the study be conducted  
            each year regarding residents who move from the developmental  
            centers (DCs) until two years following the date the last  
            resident moves from the developmental centers.








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          2)Requires the contractor to perform the following duties: 

             a)   Measure consumer and family satisfaction with services  
               provided, as specified; 
             b)   Meet with each person, and the person's family, or legal  
               guardian or conservator, when appropriate, no less than  
               once per year to discuss quality of life and observe the  
               person's services and supports; and 
             c)   Meet with no fewer than two persons familiar with the  
               consumer and interview staff and friends who know the  
               consumer best and review records, and use data collected  
               through the quality assurance instrument, in the event that  
               a consumer is not capable of communicating his or her  
               responses and a family member, or legal guardian or  
               conservator is not involved. 

          1)Requires DDS, for purposes of conducting the study, to:

             a)   Maintain and update contact information for former  
               residents of the centers who relocated as a result of the  
               closure of the centers: 
             b)   Ensure that researchers conducting the study have access  
               to data and other information necessary to conduct the  
               study: and
             c)   Submit interim reports to the Legislature regarding the  
               study at the end of the first and second years of the study  
               and submit the study to the Legislature upon its  
               completion. 
          


          FISCAL EFFECT:


          DDS estimates ongoing costs in the range of $373,000 to $467,  
          000 ($290,000 to $360,000 GF) per year for approximately  
          six-and-a-half-years, for an independent contractor to undertake  
          the required study.


          






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          COMMENTS:


          1)Purpose. In the 2015 May Revision, the Governor announced the  
            closure of the remaining three DCs in California.  According  
            to the author's office, "This means in the next five years  
            over 1,000 developmental center residents will be  
            transitioning into the community system.  This bill requires a  
            longitudinal quality of life study to monitor and evaluate the  
            transition process and ensure our state follows through with  
            its commitment to provide appropriate services to  
            developmentally disabled Californians. Given the fact that  
            there will NO LONGER be any DCs to fall back on if residents  
            have challenges in the community, a comprehensive longitudinal  
            study should be required."

          2)Background. Over the past 15 years the Department of Public  
            Health, the federal Centers for Medicare and Medicaid  
            Services, and the U.S. Department of Justice have identified  
            problems in California's DCs, including inadequate care,  
            insufficient staffing, and insufficient reporting and  
            investigation of instances of abuse and neglect.  In January  
            2014, the Task Force on the Future of the Developmental  
            Centers convened by the Administration released a plan for the  
            long-term future of the developmental centers.  In May 2015,  
            Governor Brown's Administration announced plans to initiate  
            and develop closure plans for the state's remaining DCs,  
            except for the secure treatment program at Porterville DC (and  
            a smaller facility at Canyon Springs in Riverside County).   
            Currently the administration's intent is to have the last DC  
            closure completed by 2021.
            Since 1993, DDS has utilized a number of tracking projects to  
            ensure quality of life is maintained when residents of DCs  
            transition to the community. In 1997, in response to concerns  
            expressed by the California Association for State Hospital  
            Parent Councils for the Retarded and Protection and Advocacy,  






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            the legislature codified requirements for tracking individuals  
            moving from DCs in order to ensure long-term well-being and  
            self-sufficiency.  The legislation also required DDS to  
            contract with an independent contractor to complete an annual  
            Quality of Life survey on all persons who moved from DCs to  
            the community since April 1993.


            In 2009, the above requirement was replaced by the National  
            Core Indicator (NCI) Survey, a nation-wide quality assessment  
            survey used by DDS to monitor the performance of developmental  
            disabilities service system as well as regional center  
            performance in providing services and supports to consumers.   
            Conducted by the State Council on Developmental Disabilities,  
            the survey collects data on consumer and family satisfaction,  
            quality of services, linguistic and cultural competency, and  
            personal results.  


          3)Opposition. In opposition to the bill, DDS indicates that the  
            information obtained through the study required in this bill  
            "would be an additional layer of data collection and reporting  
            on top of the existing and planned quality assurance processes  
            for monitoring DC movers, would be costly, and would not add  
            significantly, if at all, to data and information that is  
            being, or will be obtained through the existing processes."



          4)Prior Legislation. SB 391 (Solis and Ducheny), Chapter 294,  
            Statutes of 1997, codified the State's obligation to track  
            individuals moving from DCs into the community.  It also  
            specified that, beginning July 1, 1998, an independent  
            contractor must provide a report to the Governor, the  
            Legislature, and DDS outlining activities and findings of the  
            annual Quality of Life survey.
          


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







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