BILL ANALYSIS
AB 1191
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Date of Hearing: May 16, 2001
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Carole Migden, Chairwoman
AB 1191 (Longville) - As Amended: April 19, 2001
Policy Committee: Human
ServicesVote:6-0 (consent)
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill establishes a process for resolving disputes between
regional centers and local public agencies over services for
young children with developmental disabilities. Specifically,
this bill:
1)Establishes a dispute resolution process to decide which
agency is responsible for delivering or paying for a specific
service required by an individualized family service plan or
individualized program plan for a child under the age of 5.
2)Specifies the process is to be used only for interagency
disputes and not to resolve disputes between a consumer and
regional center over eligibility determination or services
provided.
3)Permits a regional center to submit a request for dispute
resolution to the local agency that it believes is responsible
for providing the services. Gives the two agencies 15
calendar days to meet to resolve the issue, followed by 10
days to notify the parent of the resolution, specifying the
service to be provided and the agency responsible for
providing the service.
4)If the two agencies cannot reach agreement, requires each
party to submit its contentions to the Office of
Administrative Hearings (OAH) within 30 days of the meeting.
Within 30 days of receiving the case, requires OAH to issue a
binding decision specifying the services to be provided and
the responsible agency. Permits OAH to award retroactive
reimbursement to the prevailing party.
AB 1191
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5)Requires the Department of Developmental Services (DDS) to pay
for the OAH services.
6)Sunsets the dispute resolution process on January 1, 2005.
FISCAL EFFECT
Minor costs-about $123,000 (GF) annually-for DDS to pay for OAH
services. This assumes 70 cases a year will require OAH review
and decision at a cost of $1,750 per case.
COMMENTS
1)Purpose . This bill, sponsored by the Association of Regional
Center Agencies (ARCA), expedites resolution of interagency
disputes regarding which agency is responsible for providing
early intervention services to a young child with
developmental disabilities.
Currently, responsibility for early intervention services for
this population is shared by regional centers, local school
districts and, if the child has health care needs, Medi-Cal,
California Children's Services or other programs administered
by the Department of Health Services. When the regional
center disagrees with another local agency over provision of
services, the child may go without needed services until the
agencies resolve their differences or one of the
agencies-typically, the regional center-simply provides the
service.
This bill sets up a time-limited period for the two agencies to
meet to resolve their differences. Failing that, they must
then submit to an OAH hearing, the result of which is a
binding decision identifying the responsible agency and the
services to be provided.
2)Background . In its 1999 monitoring report on California's
Early Start Program, the federal Office of Special Education
Programs found that early intervention services for some
children and families are inappropriately delayed because the
state lacks "a reimbursement procedure to ensure that needed
services can begin in a timely manner without disputes about
agency fiscal responsibility." Despite steps by DDS to remedy
the situation at the state level, ARCA reports disputes still
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occur at the local level.
3)Opposition . Protection and Advocacy, Inc. (PAI), an
organization that advocates for persons with disabilities,
opposes the bill because it fails to ensure the delivery of
services while the dispute resolution process is ongoing.
According to PAI, this failure is contrary to the Lanterman
Act's requirement that no liability on parents or denial of
services for a consumer should result from a regional center's
pursuit of non-regional center funding. PAI requests an
amendment to require services to be provided on an interim
basis until the dispute resolution process is completed.
4)Prior Legislation . This bill is similar to AB 2918 (Assembly
Human Services Committee, 2000), also sponsored by ARCA. AB
2918 was approved by this committee in May 2000 on a 21-0
vote, but failed passage in the Senate Appropriations
Committee due to legislative deadlines.
Analysis Prepared by : Joyce Iseri / APPR. / (916) 319-2081