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