BILL ANALYSIS Ó
SB 982
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SENATE THIRD READING
SB
982 (McGuire)
As Amended August 15, 2016
Majority vote
SENATE VOTE: 38-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Human Services |7-0 |Bonilla, Grove, | |
| | |Arambula, Lopez, | |
| | |Maienschein, Mark | |
| | |Stone, Thurmond | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |20-0 |Gonzalez, Bigelow, | |
| | |Bloom, Bonilla, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Holden, | |
| | |Jones, Obernolte, | |
| | |Quirk, Santiago, | |
| | |Wagner, Weber, Wood, | |
| | |McCarty | |
| | | | |
SB 982
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SUMMARY: Requires the Department of Developmental Services
(DDS) to seek to modify the existing contract for a longitudinal
study in order 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)States Legislative intent to ensure the appropriate transition
of developmental center residents to community living
arrangements in response to the closure of SDC, FDC, and the
general treatment area of PDC and to measure the unique needs
of this population, as specified.
2)Requires DDS to seek to modify the existing contract for the
conduct of movers longitudinal study to include all of the
following requirements:
a) That no fewer than 250 volunteer participants are
selected proportionally from among movers from the State's
three Developmental Centers and from among individuals who
have moved into the community at different stages of the
closure process;
b) That the study follow a sample of individuals, as
specified, for a two-year period after the individual moves
into the community from the developmental center;
c) That the study include individuals who move into the
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community from a developmental center during the first year
of the study, and during each subsequent year of the study,
until the remaining developmental centers close; and
d) That researcher conducting the study meet with each
individual participating in the study at specified
intervals following the person's move into the community to
discuss the individual's quality of life and services and
supports.
3)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, to the extent permitted by law, that researchers
conducting the study have access to data and other
information necessary to conduct the study, as specified;
and
c) Submit annual interim reports to the Legislature
regarding the study and submit the study to the Legislature
upon its completion, as specified.
EXISTING LAW:
1)Establishes the Lanterman Developmental Disabilities Services
Act, which declares California's responsibility for providing
an array of services and supports to meet the needs of each
person with developmental disabilities in the least
restrictive environment, regardless of age or degree of
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disability, and to support their integration into the
mainstream life of the community. (Welfare and Institutions
Code Section (WIC) 4500, et seq.)
2)Establishes the jurisdiction of DDS over state developmental
centers, including Sonoma, Fairview and Porterville
developmental centers and the responsibility of each facility
to create bylaws and rules, as specified. (WIC 4440)
3)Requires DDS to submit a detailed plan to the Legislature when
it proposes closure of a developmental center no later than
April 1 immediately prior to the fiscal year in which the plan
is to be implemented, and as a part of the Governor's proposed
budget. (WIC 4474.1. (a))
4)Establishes a system of nonprofit regional centers to provide
fixed points of contact in the community for all persons with
developmental disabilities and their families, to coordinate
services and supports best suited to them throughout their
lifetime. (WIC 4620)
5)Requires DDS to implement an improved, unified quality
assessment system, and expresses Legislative intent that this
system will ensure the well-being of consumers, taking into
account their informed and expressed choices. Requires DDS
with its stakeholders to identify a valid and reliable quality
assurance instrument, as specified, and to contract with an
entity with experience in tracking outcomes and developing
data systems. (WIC 4571)
6)Requires DDS, in consultation with the contractor, to
establish the methodology by which the quality assurance
instrument shall be administered, including, but not limited
to, how often and to whom the quality assurance will be
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administered, and the design of a stratified, random sample
among the entire population of consumers served by regional
centers. Further, requires the contractor to provide
aggregate information for regional centers and the state as a
whole. (WIC 4571 (e))
FISCAL EFFECT: According to the Assembly Appropriations
Committee, this bill may result in onetime costs of up to
$100,000 to incorporate provisions of this bill into an ongoing
DDS study.
COMMENTS:
The Lanterman Developmental Disabilities Act of 1969: Also
known as the Lanterman Act, this legislation forms the basis of
the State's commitment to provide individuals with developmental
disabilities a variety of supports and services which are
overseen and administered by DDS. Under the Lanterman Act, a
developmental disability is defined as a "substantial
disability" that starts before age 18 and is expected to
continue indefinitely; such disabilities include cerebral palsy,
epilepsy, and autism, among others. Services for these
individuals are currently distributed through two distinct
tracks.
Regional Centers: Community-based services are coordinated
through California's 21 regional centers which assess
eligibility and develop individual program plans (IPPs) through
an interdisciplinary team. Funded through DDS, regional centers
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served an estimated 290,496 consumers in 2015-16 according to
the Legislative Analyst's Office. Services and supports can
include housing, activity and employment programs, in-home care,
transportation, and other support services that enable
individuals to lead independent lives in the community. A
majority of those receiving services through regional centers
are low-income individuals enrolled in Medi-Cal. More than 99%
of DDS consumers receive services under the Community Services
Program, meaning these consumers live in the community with
their parents or other relatives, in their own houses or
apartments, or in residential facilities or group homes designed
to meet their needs.
Developmental Centers: In addition to the 21 regional centers,
DDS operates three 24-hour facilities, known as developmental
centers: Fairview Developmental Center (FDC) in Orange County,
Porterville Developmental Center (PDC) in Tulare County, and
Sonoma Developmental Center (SDC) in Sonoma County. In 2015-16,
approximately 1,000 consumers received care and supervision in a
DC. Each DC is licensed by the Department of Public Health
(DPH) and certified by DPH on behalf of the federal Centers for
Medicare and Medicaid Services (CMS) as skilled nursing
facilities, intermediate care facilities for the developmentally
disabled, and general acute care hospitals. Developmental
centers are licensed and certified to provide a broad array of
services based on each resident's IPP, including nursing
services, assistance with activities of daily living,
specialized rehabilitative services, individualized dietary
services, and vocational or other day programs.
Developmental Center closures: Over the past 15 years DPH, CMS,
and the United States Department of Justice have identified
problems in California's developmental centers, 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
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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
developmental centers, 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 developmental center closure completed by 2021.
Quality of life assessments: Since 1993, DDS has utilized a
number of tracking projects to ensure quality of life is
maintained when residents of developmental centers transition to
the community.
Coffelt Quality Tracking Project: Between 1993-1998 DDS agreed
to develop a contract with an independent consultant to track
individuals placed in the community and to monitor their
satisfaction with their living arrangements and the quality of
services and supports they were receiving. The study assessed
consumer and family satisfaction, case management activities,
independence, productivity, integration, choice and
self-determination, service delivery patterns, health, safety,
psychoactive medication usage, qualities of home settings and
costs of services. Ultimately the study concluded that
improvements were made among those who moved to the community in
self-care abilities, social behaviors, and integration; however
the study also found that fewer individuals had paid jobs in the
community and were earning less money in the community than they
had in the developmental centers, and the use of sedatives and
psychotropic medications had increased.
Stockton Developmental Center Longitudinal Quality of Life
Study: In 1995, DDS agreed to complete a three-year
longitudinal study in three phases in order to track consumer
outcomes and the quality of life of individuals moving from
Stockton Developmental Center upon its closure in 1996. A
contract was entered into between DDS and California State
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University Sacramento and the study began by interviewing
residents in Stockton Developmental Center in 1995 before their
move to the community. One to two years later the residents
were interviewed again on subjects similar to those discussed in
the Coffelt project. Many of the residents however were moved
to different developmental centers as suitable placements in the
community could not be found; these residents later formed the
basis for the founding of the Secure Treatment Program at
Porterville.
SB 391 (Solis and Ducheny), Chapter 294, Statutes of 1997: In
1997 and in response to concerns expressed by the California
Association for State Hospital Parent Councils for the Retarded
and Protection and Advocacy, SB 391 was signed into law. The
legislation added Section 4418.1 to the Welfare and Institutions
Code and codified requirements for tracking individuals moving
from developmental centers 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.
National Core Indicator (NCI) Survey: In 2009, SB 391 was
repealed and was replaced by Welfare and Institutions Code
Section 4571 which implemented 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.
Need for this bill: According to the author's office, "In the
2015 May Revision, the Governor announced the closure of the
remaining three developmental centers in California. This means
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in the next five years over 1,000 developmental center residents
- the most medically fragile in the state system - will be
transitioning into the community system with no developmental
center to fall back on if the placement fails. [This bill]
requires a 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. Currently, there is no way to track
developmental center movers from beginning to end of the
transition. [This bill] will aid in the transition by assuring
families that their loved ones are receiving quality care.
Additionally, it would enable the State to learn from and
correct any challenges that may arise and would provide
transparency and accountability on the state's investment and
responsibility to the Developmentally Disabled community. Given
the fact that there will NO LONGER be any developmental centers
to fall back on if residents have challenges in the community, a
comprehensive study should be required."
PRIOR LEGISLATION
SB 391 (Solis and Ducheny), Chapter 294, Statutes of 1997,
codified in statute the State's obligation to track individuals
moving from developmental centers 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:
Kelsy Castillo / HUM. S. / (916) 319-2089 FN:
0004189
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