BILL ANALYSIS                                                                                                                                                                                                    Ó




           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        SB 982|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                UNFINISHED BUSINESS 


          Bill No:  SB 982
          Author:   McGuire (D) 
          Amended:  8/15/16  
          Vote:     21 

           SENATE HUMAN SERVICES COMMITTEE:  4-0, 4/12/16
           AYES:  McGuire, Berryhill, Hancock, Liu
           NO VOTE RECORDED:  Nguyen

           SENATE APPROPRIATIONS COMMITTEE:  6-0, 5/27/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza
           NO VOTE RECORDED:  Nielsen

           SENATE FLOOR:  38-0, 6/1/16
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,  
            Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,  
            Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,  
            Moorlach, Morrell, Nguyen, Pan, Pavley, Roth, Stone, Vidak,  
            Wieckowski, Wolk
           NO VOTE RECORDED:  Nielsen, Runner

           ASSEMBLY FLOOR:  79-0, 8/23/16 - See last page for vote
           
           SUBJECT:   State Department of Developmental Services:   
                     developmental centers


          SOURCE:    Author


          DIGEST:  This bill requires the state Department of  
          Developmental Services (DDS) to seek to modify an existing  
          contract to conduct a movers' longitudinal study of individuals  
          who are moving from one of the state's developmental centers to  








                                                                     SB 982  
                                                                     Page 2



          a community setting. The bill requires that at least 250  
          individuals who meet certain criteria participate in the study,  
          among other criteria. The bill requires DDS to annually submit  
          interim reports to the Legislature and to submit a final report  
          upon conclusion of the study, as specified. 


          Assembly Amendments clarify that the requirements of the bill be  
          added to an existing longitudinal study, specify the size and  
          composition of study participants, delete the requirement to  
          interview family members and require annual reporting to the  
          Legislature, as specified. 


          ANALYSIS:   


          Existing law:


          1)Establishes the Lanterman Developmental Disabilities Services  
            Act, which declares California's responsibility to provide an  
            array of services and supports to meet the needs of each  
            person with developmental disabilities in the least  
            restrictive environment, and to support their integration into  
            the mainstream life of the community. (WIC 4500, et seq.) 


          2)Establishes the jurisdiction of DDS over 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  








                                                                     SB 982  
                                                                     Page 3



            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 a 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  
            administered, and the design of a stratified, random sample  
            among the entire population of consumers served by regional  
            centers. Requires the contractor to provide aggregate  
            information for regional centers and the state as a whole.  
            (WIC 4571 (e))


          


          This bill:


          1)Declares Legislative intent to ensure the appropriate  
            transition of consumers currently living in developmental  
            centers from those centers to community living arrangements as  
            a result of the closure of the state's three remaining DCs. It  
            is the further intent of the Legislature to measure the unique  
            needs of people transitioning from developmental centers,  
            including providing information about the quality of life,  
            satisfaction with services, the degree to which the  
            individuals achieve their goals.








                                                                     SB 982  
                                                                     Page 4





          2)Requires DDS to seek to modify a contract in existence on  
            January 1, 2017, to conduct a movers longitudinal study to  
            include at least 250 voluntary participants who were  
            proportionately selected from among individuals who have moved  
            into the community from each of the three developmental  
            centers and who have moved into the community at different  
            stages of the closure process.


          3)Requires that the study follow the sample of individuals for a  
            two-year period after the individual moves into the community  
            from the developmental center.


          4)Requires that the study include individuals who move into the  
            community from a developmental center during the first year of  
            the study, and during each subsequent year of the study, until  
            the developmental centers close.


          5)Requires that researchers meet with each individual  
            participating in the study at intervals of three months, six  
            months, one year, and two years following the person's move  
            into the community from the developmental center to discuss  
            the individual's quality of life and services and supports.


          6)Establishes that the movers longitudinal study is one element  
            of the quality assurance instrument required under current  
            law.


          7)Requires DDS to maintain and update the addresses of, and  
            contact information for, former residents who relocated as a  
            result of the closure of the centers.


          8)Requires DDS to ensure, to the extent permitted by law, that  
            researchers conducting the study have access to data and other  
            information necessary to conduct the study, including contact  








                                                                     SB 982  
                                                                     Page 5



            information for former residents who relocated due to the  
            closure of the centers, as specified.


          9)Requires DDS to annually submit interim reports about the  
            study to the Legislature, as specified, and requires the  
            reports to include information about consumer and family  
            satisfaction and adequacy of community services. Requires DDS  
            to submit the completed study to the Legislature, as  
            specified.


          Background


          DDS operates three state developmental centers - Sonoma,  
          Fairview and Porterville - and one smaller facility in Cathedral  
          City that is often used as a step-down placement for individuals  
          with developmental disabilities and challenging behavioral  
          needs. Each developmental center has three levels of care - a  
          skilled nursing facility, an intermediate care facility for  
          individuals with intellectual disabilities (ICF/IID), and a  
          small acute care hospital. 


          The developmental centers once were considered the placement of  
          preference for individuals with significant needs. At its peak  
          in 1968, the developmental center system housed more than 13,400  
          individuals in seven facilities. Since then a series of federal  
          and state legal decisions began the movement to provide services  
          for individuals with developmental disabilities in their  
          communities. Of the three remaining facilities, the oldest is  
          Sonoma Developmental Center (1891) and the newest is Fairview  
          Developmental Center (1959).


          As of August 10, 2016, the four state-run facilities  
          collectively served 957 individuals with significant physical or  
          behavioral developmental disabilities. Of these, 206 individuals  
          were in the secure treatment program at Porterville  
          Developmental Center, which is not slated for closure. Another  
          145 were in the general treatment program. Some 217 individuals  








                                                                     SB 982  
                                                                     Page 6



          lived at Fairview Developmental Center and 344 were at Sonoma.  
          The remaining 45 were at Canyon Springs, a smaller state-run  
          facility in Riverside County, which is not slated for closure.


          Licensing and Certification concerns.  In January 2013, four of  
          the 10 ICF units at Sonoma DC were withdrawn from federal  
          certification by DDS, in response to notice that the federal  
          government was moving to decertify, and defund, all the ICF  
          units at the facility. The actions came on the heels of widely  
          reported revelations of multiple instances of abuse, neglect,  
          and other lapses in caregiving at the institution. In March  
          2013, DDS entered into a Program Improvement Plan agreement,  
          which was accepted by the federal Centers for Medicare and  
          Medicaid Services (CMS). As a condition of the Program  
          Improvement Plan, DDS contracted with a consultant to develop an  
          action plan ensuring compliance with federal and state licensing  
          and certification requirements. 


          The Administration assumed these corrective actions would result  
          in the restoration of certification and federal funding by July  
          1, 2014. However, this did not occur. A survey of the seven  
          certified ICF units at Sonoma DC in May 2014 resulted in their  
          ultimate decertification. Over the next 14 months, CMS and the  
          Administration negotiated terms of a settlement, as DDS  
          simultaneously began moving to close Sonoma Developmental  
          Center, with the intent to have most residents moved before  
          losing federal funding. On June 30, 2015, DDS and the federal  
          government agreed to extend the federal funding to July 1, 2016  
          with the potential for one or more extensions, as long as DDS  
          continued to make improvements in the care at Sonoma.  However,  
          on May 13, 2016, CMS notified DDS that it had not made  
          sufficient progress and that approximately $26.4 million in  
          annual federal funding for the ICF units would cease on July 1. 


          Similar concerns and CMS findings were mirrored at the other two  
          developmental centers and on April 1, 2016, DDS revealed plans  
          for closure of Fairview Developmental Center and the general  
          treatment area at Porterville DC.









                                                                     SB 982  
                                                                     Page 7




          A July 1, 2016 agreement with the CMS outlines annual extensions  
          of federal funding for the ICF units at Fairview and Porterville  
          providing the state adheres to its plans to transition residents  
          to community settings, maintains appropriate staffing levels and  
          does not violate other terms of the agreement. Funding cannot be  
          extended for Fairview Developmental Center beyond Dec. 31, 2019  
          and beyond Oct. 31, 2021 for the general treatment area  
          Porterville Developmental Center. The secure treatment area of  
          Porterville DC is not included in closure plans.


          Community based services. California's 21 nonprofit regional  
          centers are part of a system of care for individuals with  
          developmental disabilities overseen by DDS. DDS is responsible  
          for coordinating care and providing services for nearly 300,000  
          people who receive services and supports to live in their  
          communities, as of August 2016. Regional centers provide  
          diagnosis and assessment of eligibility and case managers help  
          to plan, access, coordinate and monitor the services and  
          supports that are needed because of an individual's  
          developmental disability. Services for consumers are determined  
          through an individual program plan (IPP).


          Quality Assessments. DDS has used a variety of quality  
          assessment tools, beginning in 1993 with the Quality Tracking  
          Project, which focused on individuals who were placed in the  
          community from a developmental center as a result of the Coffelt  
          lawsuit. According to DDS, 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. Using six different research designs and more than  
          4,000 visits, the survey ultimately was reported in 19 separate  
          reports and found that movers had improvements in self-care  
          abilities, social behaviors, opportunities for choice making and  
          consumer satisfaction, among other domains. Negative outcomes  
          included fewer individuals with paid jobs and making less money  
          than they did in the DCs. Use of sedatives and psychotropic  
          medications had increased. 








                                                                     SB 982  
                                                                     Page 8





          As part of the plan to close Stockton Developmental Center, DDS  
          agreed to complete a three-year longitudinal study in three  
          phases to track consumer outcomes and the quality of life of  
          individuals upon its closure in 1996.  California State  
          University, Sacramento was chosen to conduct the study. A year  
          later, responding to parent concerns, the Legislature codified  
          the state's responsibility to track and evaluate the well-being  
          of individuals moving from DCs, (SB 391, Chapter 294, Statutes  
          of 1997). The obligation was fulfilled by a variety of contracts  
          with researchers. In 2009, as part of the budget process, this  
          statute was deleted and replaced by language directing DDS to  
          complete a single survey, the Quality Assessment Project, (WIC  
          4571) which was intended to provide more appropriate  
          information. To satisfy this requirement, DDS chose to use the  
          National Core Indicator survey.


          National Core Indicator survey.  The NCI is a collaborative  
          effort between the National Association of State Directors of  
          Developmental Disabilities Services (NASDDDS) and the Human  
          Services Research Institute.  The program began in 1997 to  
          support NASDDDS member agencies to gather a standard set of  
          performance and outcome measures to track their own performance,  
          compare results across states, and to establish national  
          benchmarks. Indicators address such key areas as employment,  
          rights, service planning, community inclusion, choice,  
          loneliness, and health and safety. In California, the NCI  
          Quality Assessment Project operates on a three-year cycle,  
          alternating data collection among three groups of people served  
          by regional centers: adult consumers, guardians and family  
          members, and family members of children receiving services.


          DDS also is conducting a longitudinal study of movers and their  
          families during the first two years post transition into the  
          community. This longitudinal study will survey the first 125  
          people transitioning from a developmental center into the  
          community and their families beginning in January 2016. Study  
          participants will be surveyed using the NCI tools at 3 months, 6  
          months, 1 year, and 2 years. 








                                                                     SB 982  
                                                                     Page 9





          This bill seeks to broaden that study by doubling its size and  
          including a sample of movers over the duration of the closure  
          process, to more accurately capture the experiences of all  
          movers.




          Related Legislation


          AB 9 (Evans, Chapter 9, 4th Extraordinary Session) established a  
          requirement in statute for DDS to track outcomes of consumers in  
          the system. 
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to an Assembly floor analysis, the Assembly  
          Appropriations Committee notes this bill may result in onetime  
          costs of up to $100,000 to incorporate provisions of this bill  
          into an ongoing DDS study.


          SUPPORT:    (Verified 8/23/16) 

          California Association of Psychiatric Technicians
          Disability Rights California 
          Parent Hospital Association
          Sonoma County Board of Supervisors
          Sonoma Land Trust 
          The Service Employees International Union, Local 1000


          OPPOSITION:   (Verified8/23/16)


          None received










                                                                     SB 982  
                                                                     Page 10



          ARGUMENTS IN SUPPORT:     Disability Rights California writes  
          that a similar study of individuals who moved from Agnews  
          Developmental Center provided important information and a means  
          to help assure the quality of life and outcomes for those  
          individuals as they transitioned to the community. This bill  
          "ensures and objective analysis of developmental center mover  
          satisfaction by looking at meaningful outcome measures," writes  
          DRC. 


          ARGUMENTS IN OPPOSITION:     The California Department of  
          Finance writes in opposition to this bill that it would require  
          General Fund expenditures not already in the budget and that the  
          study may be duplicative of existing efforts. Recent amendments  
          to this bill have resulted in DDS removing its opposition.

           ASSEMBLY FLOOR:  79-0, 8/23/16
           AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Grove, Hadley, Harper, Roger  
            Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,  
            Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes,  
            McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
           NO VOTE RECORDED: Gray





          Prepared by:Mareva Brown / HUMAN S. / (916) 651-1524
          8/23/16 19:54:32


                                    **** END ****










                                                                     SB 982  
                                                                     Page 11