BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HUMAN SERVICES
                               Senator McGuire, Chair
                                2015 - 2016  Regular 

          Bill No:              SB 1024
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          |Author:   |Hancock                                               |
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          |----------+-----------------------+-----------+-----------------|
          |Version:  |March 29, 2016         |Hearing    |April 12, 2016   |
          |          |                       |Date:      |                 |
          |----------+-----------------------+-----------+-----------------|
          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Taryn Smith                                           |
          |:         |                                                      |
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               Subject:  Developmental services:  supported employment


            SUMMARY
          
          This bill would require the Department of Developmental Services  
          (DDS) to provide a clear financial incentive in order to  
          encourage the development of and support for consumers in  
          individual supported employment in integrated work settings. The  
          bill would require the incentive to establish at least a 10%  
          rate differential for individual supported employment services.  
          The bill would authorize the department to adjust the rate for  
          individual supported employment services to administer the  
          incentive payment, as specified. The bill would also require the  
          department to review the need for clarifying placement fees and  
          bonus payments, as specified.

            ABSTRACT
          
          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 disability, and to support their integration into  
               the mainstream life of the community. (WIC 4500, et seq.) 










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             2)   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) 


             3)   Establishes an Individual Program Plan (IPP) and defines  
               that planning process as the vehicle to ensure that  
               services and supports are customized to meet the needs of  
               consumers who are served by regional centers. (WIC 4512) 


             4)   Establishes an individual habilitation services plan and  
               specifies areas in which consumers must meet individual  
               employment goals. (WIC 4853, WIC 4854) 


             5)   Defines habilitation services as activities purchased  
               for regional center consumers, including services provided  
               under the Work Activity and Supported Employment programs  
               to prepare and maintain consumers at their highest level of  
               vocation functioning or to prepare them for referral to  
               vocational rehabilitation services. (WIC 4851) 


             6)   Requires a regional center to authorize appropriate  
               services for a consumer while he or she is on a waiting  
               list for services from the Department of  Rehabilitation   
               (DOR), as specified. (WIC 4855)


             7)   Establishes fees and hourly rates for service providers  
               who work with consumers in various job development and  
               support activities. (WIC 4860) 


             8)   Establishes an Employment First Policy in California to  
               prioritize opportunities for integrated, competitive  
               employment for individuals with developmental disabilities,  
               regardless of the severity of their disabilities, as  
               specified. (WIC 4869)











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             9)   Establishes in federal law state reimbursements for  
               achieving work outcomes for individuals with disabilities,  
               as specified. (CFR 411.582) 


             10)States that individualized services  may be provided on or  
               off the jobsite; shall consist of job coaching and other  
               supported employment services for regional center-funded  
               consumers in a supported employment placement at a job  
               coach-to-consumer ratio of one-to-one; shall decrease over  
               time until stabilization in the employment is achieved;  
               consumers in Supported Employment Programs receiving less  
               than the minimum wage shall be paid according to  
               productivity level on the basis of appropriately conducted  
               productivity studies, as specified. [Title 17 CCR section  
               58830(e)(3)]


             11)  Defines stabilization to mean  the consumer has reached  
               the employment outcomes as specified in the Individualized  
               Plan for Employment and IPP, the consumer has learned and  
               maintained the job for a minimum of sixty (60) consecutive  
               work days, and is expected to continue in the employment.  
               Stabilization rates (the ratio of job coaching hours to the  
               consumers work hours per month) for consumers receiving  
               individualized services in supported employment require the  
               following percentages of intervention be achieved: (A) 20%  
               intervention or less for 60 days; or (B) 25% intervention  
               or less for 90 days; or (C) 30% intervention or less for  
               120 days. (Title 17 CCR section 58801(e)(67)
          
          Special Session Legislation:
          
          Assembly Bill X2-1 makes a number of changes to the  
          community-based developmental services system.  While the rate  
          changes provided in AB X2-1 take effect on July 1, 2016, the  
          changes in law will take effect 91 days after special session  
          ended, which is June 9, 2016.  AB X2-1 makes the following  
          changes that relate to supported employment in integrated work  
          settings:  

              1)    Requires the DDS to submit a rate study to the  
                Legislature by March 1, 2019, addressing the  
                sustainability, quality, and  transparency of  









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                community-based services for individuals with  
                developmental disabilities.

              2)    Provides an 11.1% rate increase (from $30.82 to  
                $34.24) for the supported employment program at DDS. 

              3)    Provides a 7.5% rate increase for the purpose of  
                enhancing wages and benefits for staff who spend a minimum  
                of 75% of their time providing direct services to  
                consumers. The actual percentage rate increase shall be  
                determined based on a random sample of service providers  
                in each service category eligible for the rate. DDS shall  
                use this information to determine a rate increase, to be  
                the same for eligible providers in each service category,  
                which shall be based on the proportion of the rate that is  
                for direct services in each category.

              4)    Provides for a 2.5% rate increase for administrative  
                costs for regional centers and clients' rights advocates  
                contracts. 

              5)    Requires DDS to conduct a survey of all providers on  
                how these rate increases were used by providers. This  
                survey shall include, but not be limited to, the number of  
                employees and their salary, wage, and benefit costs;  
                percentage of time each employee spends providing direct  
                services; administrative expenses; and additional  
                information determined by the department.

              6)    Establishes a program to increase paid internship  
                opportunities for individuals with developmental  
                disabilities and to provide additional payments to  
                supported employment services providers for initial  
                placements, placements lasting a continuous six months,  
                and placements lasting 12 consecutive months. Placements  
                for this program  must be into competitive, integrated  
                work environments. 

          This bill: 

             1)   Makes a series of legislative findings and declarations  
               regarding employment opportunities for individuals with  
               disabilities.










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             2)   Declares legislative intent that, in enacting this act,  
               both of the following occur:



               a)     Consistent with California's Employment First Policy  
                 and the forthcoming federal Home- and Community-Based  
                 Services rules, incentivize individualized services to  
                 transition individuals with intellectual and  
                 developmental disabilities into competitive, integrated  
                 employment, and protect federal financial participation.

               b)     Direct DDS to review the rate setting methodology  
                 for individual placement supported employment as a  
                 priority in the state's rate study that is required on or  
                 before March 1, 2019.

             1)   Requires DDS, to the extent funds are appropriated by  
               the annual Budget Act or by Chapter 3 of the Second  
               Extraordinary Session of the Statutes of 2016, to provide  
               for a clear financial incentive in order to encourage the  
               development of and support for consumers in individual  
               supported employment in integrated work settings. The  
               incentive shall establish at least a 10 percent rate  
               differential for individual supported employment services.


             2)   Permits DDS to adjust the rate for individual placement  
               supported employment services to administer the incentive  
               payment, as specified.


             3)   Requires the department to consider a new rate setting  
               methodology for employment and habilitation  services as a  
               priority to ensure consumers are offered choice and  
               opportunity in community living under the provisions of the  
               Lanterman Developmental Disabilities Services Act.


             4)   Requires the department to review the need for  
               clarifying placement fees and bonus payments in the state's  
               employment programs under the jurisdiction of  both  the  
               DDS and the Department of Rehabilitation, as specified.









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             5)   Requires the department to report each  year to the  
               Legislature during the annual budget process regarding the  
               number of people serviced and information concerning the  
               priority consumers have about access to employment  
               opportunities. The report shall also present relevant   
               information regarding wages paid to these consumers,  
               educational and skill development activities, and the  
               relative poverty indicators linked to the service  
               population served by the Lanterman Developmental  
               Disabilities Services Act.


            FISCAL IMPACT
          
          This bill has not yet been analyzed by a fiscal committee. 

            BACKGROUND AND DISCUSSION
          
          Purpose of the bill:
          
          California's Employment First Policy and the federal Workforce  
          Innovation and  Opportunity Act recognize that competitive,  
          integrated employment is an essential component for individuals  
          with intellectual and developmental disabilities to lead  
          productive and meaningful lives, be a part of their communities,  
          make friends and earn  money to help improve their economic  
          outcome and status. However, in 2012, only 12.4 percent of  
          working age individuals with developmental disabilities  
          (approximately 13,410 out of 108,000) reported any income at  
          all. The majority of these individuals received income through  
          work activity programs, with only 4,341 consumers receiving  
          income through individualized services.

          According to the author, a key service for helping individuals  
          with developmental disabilities to obtain and maintain  
          competitive, integrated employment is individual placement  
          supported employment, which consists of support by a job coach  
          to an individual to help him or her adapt to the work  
          environment and  learn to perform the work. The author states  
          that since 2008, when the supported employment rate was reduced  
          by 10 percent, at least 500 fewer individuals with developmental  
          disabilities are competitively employed.  









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          According to the author, years of  frozen  rates and the fact  
          that this is the only rate set in statute has had the unintended  
          consequence of shutting this critical service out of fiscal  
          relief in restorations for increased costs like sick leave and  
          minimum wage increases. Until this year's funding in ABX2-1,  
          this service has received  no cost relief since 2006.  ABX2-1  
          restored the rate for group and individual supported employment  
          to the 2006 level and permits an additional adjustment pursuant  
          to the wage and benefit and administrative cost increase  
          contained in that bill. 

          The author further states that the hourly rate for providers of  
          individual placement supported employment for consumers with  
          intellectual and developmental disabilities is not sufficient to  
          ensure the availability of this service. As a result, fewer  
          consumers have access to this critical service. California's  
          rate for supported employment also lags behind other states  
          nationally. New York, Oregon, Washington, and Arizona all have  
          rates that exceed $56 per hour, which is more than 60 percent  
          higher than California for the same services.

          Federal regulatory requirements specify that group supported  
          employment can only be used for short-term development on an  
          individual's path to competitive integrated employment.  
          According to the author, the incentivized rate proposed in SB  
          1024 would allow providers to offer individual placement  
          supported employment without enduring significant losses as a  
          result of offering this service.

          The author states that this bill would provide a clear fiscal  
          incentive to providers of individual supported employment by  
          establishing at least a 10 percent rate differential for  
          individual placement supported employment in an effort to  
          increase the capacity of this service, protect federal financial  
          participation, and allow the department to adjust the rate to  
          effectuate this provision.  The incentivized rate would be  
          funded with existing appropriations.

          Regional Centers


          California's 21 nonprofit regional centers are part of a system  
          of care for individuals with developmental disabilities overseen  









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          by DDS. DDS is responsible for coordinating care and providing  
          services for nearly 290,000 people who receive services and  
          supports to live in their communities, as well as approximately  
          1,000 people who lived in developmental centers as of March  
          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).


          Employment First Efforts


          AB 287 (Beall, Chapter 231, Statutes of 2009) required that the  
          State Council on Developmental Disabilities establish a standing  
          Employment First Committee to identify strategies, best  
          practices, and incentives, and to develop an Employment First  
          Policy. The goal of the policy was to increase the  number of  
          people with developmental disabilities who are employed  in  
          integrated work, self-employment, and  microenterprises, and in  
          the number earning wages at or above minimum wage. A subsequent  
          report, released in 2011, found that 26.5 percent of working-age  
          adults with developmental disabilities live below the federal  
          poverty line compared with 13 percent of same-aged adults in the  
          general population. Other findings included a need for  
          additional supports for individuals to prepare for and  maintain  
          employment. That report, and a subsequent report in 2012,  
          prompted a number of legislative efforts.<1>


          There are a variety of ways for consumers to be supported in a  
          work environment. Typically, regional centers contract with  
          employment services programs and providers to address the  
          employment needs of individuals with developmental disabilities.  
           Consumers are placed in jobs according to their individual  
          skills, needs and choices, and provided support services on an  
          individual bases or in a group.  

          ---------------------------
          <1>http://www.scdd.ca.gov/res/docs/pdf/Employment_First/2012%20EF 
          C%20Annual%20Report%20Jan%2016%202013.pdf










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          Work Activity Programs are employment services programs in a  
          sheltered work environment for consumers who have acquired basic  
          vocational and independent living skills.  Consumers are paid at  
          a daily per capita rate based on productivity.  


          Supported Employment Programs are community-based rehabilitation  
          programs that focus on helping consumers obtain, retain or  
          maintain employment in integrated settings either individually  
          or in groups, such as landscaping crews.  Individual placement  
          supported employment is a service that requires one job coach to  
          one consumer.  Group supported employment, has a 1:3 job coach  
          to consumer ratio. Support is usually provided by a job coach  
          who meets regularly with the individual on the job to help him  
          or her learn the necessary skills and behaviors to work  
          independently. As the individual gains mastery of the job, the  
          support services are gradually phased out. 



          For individual supported programs, providers are paid only for  
          certain activities, such as one way transportation and time  
          actually spent on the job, but not for time spent preparing the  
          consumer for employment.  For example, developing soft skills,  
          like interview preparation, are not reimbursable.  Consumers  
          participating in individual supported employment often require  
          more services than those in group programs, which make  
          individual supports more expensive to operate. Providers say  
          they are not reimbursed for the actual cost of the services. 



          According to data from the State Council on Developmental  
          Disabilities, the number of consumers participating in  
          individual supported employment programs has fallen from a high  
          of 5,065 in Fiscal Year 2008/09 to 4,373 in Fiscal Year 2014/15,  
          a decrease of 692 consumers.  

           ---------------------------------------------------------------- 
          |             |           Supported Employment Programs          |
          |             |                                                  |
          | Fiscal Year |                                                  |
          |             |                                                  |
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          |-------------+--------------------------+-----------------------|
          |             | Consumers Participating  |       Consumers       |
          |             |  in Individual Programs  |Participating in Group |
          |             |                          |       Programs        |
          |-------------+--------------------------+-----------------------|
          |   2005/06   |          4,842           |         4,548         |
          |-------------+--------------------------+-----------------------|
          |   2006/07   |          4,976           |         5,264         |
          |-------------+--------------------------+-----------------------|
          |   2007/08   |          5,004           |         5,623         |
          |-------------+--------------------------+-----------------------|
          |   2008/09   |          5,065           |         5,863         |
          |-------------+--------------------------+-----------------------|
          |   2009/10   |          4,841           |         5,903         |
          |-------------+--------------------------+-----------------------|
          |   2010/11   |          4,684           |         5,932         |
          |-------------+--------------------------+-----------------------|
          |   2011/12   |          4,505           |         5,425         |
          |-------------+--------------------------+-----------------------|
          |   2012/13   |          4,345           |         5,589         |
          |-------------+--------------------------+-----------------------|
          |   2013/14   |          4,341           |         5,729         |
          |-------------+--------------------------+-----------------------|
          |   2014/15   |          4,373           |5,912                  |
           ---------------------------------------------------------------- 


          According to DDS, as of May 2015, there were 188 vendors  
          offering individual employment placements and 167 vendors  
          offering group placements.  It should be noted that most vendors  
          provide both individual and group placements.  

          Home and Community-Based Services Waiver Changes


          Centers for Medicare and Medicaid Services (CMS) regulations  
          adopted in 2014 for Home and Community-Based Services (HCBS)  
          will require programs to meet new criteria in order to qualify  
          for federal financial participation. The purpose of the rule is  
          to ensure that individuals receive services in settings that are  
          integrated in and support full access to the greater community,  
          including opportunities to seek employment and work in  











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          competitive and  integrated settings.<2>

          CMS requires states to submit their plans for changes to its  
          service delivery system to comply with the final rule.  
          California's Department of Health Care Services (DHCS) is  
          coordinating the state's response, with input from DDS and other  
          affected departments. On August 14, 2015, DHCS, submitted the  
          Statewide Transition Plan for home and community-based settings  
          to CMS for approval. The state  is currently negotiating  
          elements of  its plan with CMS. The state must be in full  
          compliance with the federal HCBS guidelines in order to receive  
          federal funding by March 17, 2019.

          Related legislation:
            
          AB 287 (Beall, Chapter 231, Statutes of 2009) established an  
          "Employment First" effort for the State to undertake, which has  
                                                                                   led to the State Council on Developmental Disabilities to put  
          together an "Employment  First" policy and several attempts to  
          get that policy passed  into law.


          AB 1041 (Chesbro, Chapter 677, Statutes of 2013) expanded the  
          definition of competitive integrated employment and required  
          regional centers to ensure that consumers, beginning at 16 years  
          of age, are provided with information about options for  
          integrated competitive employment and other services, including  
          postsecondary education.


          SB 577 (Pavley, Chapter 431, Statutes of 2014) established a  
          four-year pilot project to create and evaluate whether  
          community-based vocational development services are determined  
          to be a necessary step to achieve a supported employment  
          outcome. The pilot has not been enacted.


          ABX2-1 (Thurmond, Chapter 3, Second Extraordinary of Session  
          ---------------------------

           <2>https://www.medicaid.gov/Medicaid-CHIP-Program-Information/By- 
          Topics/Long-Term-Services-and-Supports/Home-and-Community-Based-S 
          ervices/Home-and-Community-Based-Services.html  










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          2016) implemented  targeted rate increases for the community  
          based developmental services system.  

          AB 1183 (Committee on Budget, Chapter 758, Statues of 2008)  
          reduced from $34.24 to $30.82, the hourly rate for supported  
          employment services, and decrease specified fees paid to  
          providers upon intake, and  retention of a consumer under the  
          program.


            COMMENTS
          
          As previously discussed, ABX2-1 provides an 11.1% rate increase  
          (from $30.82 to $34.24 per hour) for both  individual and group  
          supported employment  programs.  This restored the  rates to the  
          level in effect in 2006.  ABX2-1 also allows for additional rate  
          increase, which will be determined and established by the  
          department by July 1, 2016. 

          SB 1024 will require that services for individual supported  
          employment in integrated work settings are paid at a rate that  
          is at least 10% higher than the yet to be determined rate for  
          group supported employment, pursuant to ABX2-1.  According to  
          the author, the incentivized rate would be funded with existing  
          appropriations that have not yet been allocated. 

          ABX2-1 also requires the department to establish guidelines and  
          oversee a program that increases paid internship opportunities  
          for individuals with developmental disabilities and to provide  
          additional payments to supported employment services providers  
          for initial placements, placements lasting a continuous six  
          months, and placement lasting 12 consecutive months.  Placements  
          for this program must be into competitive, integrated work  
          environments.  Additionally, ABX2-1 requires DDS to submit a  
          rate study to the Legislature on or before March 1, 2019.  The  
          study shall address the sustainability, quality, and  
          transparency of community-based services for individuals with  
          developmental disabilities.  

          SB 1024 requires DDS to consider a new rate setting methodology  
          for employment and habitation services as a priority; review the  
          need to clarify placement fees and  bonus payments; and report  
          annually regarding the number of people served.  SB 1024 also  
          sates legislative intent that DDS review the rate setting  









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          methodology for individual placement supported employment as a  
          priority in the state's rate study that is required by ABX1-2 on  
          or before March 1, 2019.  

          Federal and state laws and regulations encourage and support  
          individuals receiving services in settings that are integrated  
          in and support full access to the greater community, including  
          opportunities to seek employment and work in competitive and  
          integrated settings. According to the author, in order to  
          encourage providers to offer the individualized service, an  
          incentivized rate is necessary and would increase the capacity  
          of this service, protect federal financial participation, and  
          allow the department to adjust the rate to effectuate this  
          provision.  


            POSITIONS
                                          
          Support:
               California Disabilities Services Association (Co-sponsor)
               State Council on Developmental Disabilities(Co-sponsor)
               Alliance Supporting People with Intellectual and  
          Developmental Disabilities
               County of Alameda
               Futures Explored
               The Alliance Supporting People with Intellectual and  
          Developemental Disabillities

          Oppose:
               None received.


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