BILL ANALYSIS
AB 1191
Page 1
GOVERNOR'S VETO
AB 1191 (Longville)
As Amended July 10, 2001
2/3 vote
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|ASSEMBLY: |75-0 |(May 24, 2001) |SENATE: |40-0 |(August 30, |
| | | | | |2001) |
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|ASSEMBLY: |79-0 |(September 4, | | | |
| | |2001) | | | |
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Original Committee Reference: HUM. S.
SUMMARY : Establishes a process for resolving disputes between
regional centers and local public agencies regarding which
agency is responsible for delivering or paying for a service
contained in an individualized family service plan (IFSP) or
individualized program plan (IPP) of a child, aged 0 - 5 years.
The Senate amendments make a minor modification in the
notification that the Office of Administrative Hearings (OAH) is
required to give upon its resolution of a dispute.
EXISTING LAW :
1)Establishes the Lanterman Developmental Disabilities Services
Act, under which the DDS contracts with 21 private non-profit
regional centers to provide case management services and
arrange for other services that meet the needs of individuals
with developmental disabilities. Prohibits regional centers
from using funds to supplant the budget of any agency that has
a legal responsibility and is funded to provide services to
the general public, thereby establishing the regional center
as the payer of last resort for specific services.
2)Requires an IFSP to be developed for eligible children with
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developmental delays, age 0 -36 months, delineating the
services to be provided to the child. Requires an IPP to be
developed for every eligible child over the age of 36 months,
identifying the services and supports to be purchased by the
regional center or obtained from other agencies.
AS PASSED BY THE ASSEMBLY , this bill authorized regional centers
to initiate a dispute resolution process if a local agency fails
to provide a service for which the regional center believes the
agency is responsible. If the dispute is not resolved within 10
days of a meeting between the regional center and the local
agency, each party is required to submit its contentions to OAH
for a final, binding determination. The dispute resolution
program sunsets December 31, 2004, unless it is extended by
future legislation.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, minor General Fund costs of approximately
$123,000 annually to pay for OAH services.
COMMENTS : Responsibility for early intervention services for
children who are developmentally delayed or at risk of
developmental disability is shared by regional centers, local
school districts, and numerous county programs. It is not
uncommon for disagreements to occur among these various agencies
regarding which is responsible for a particular service. When
such disagreements arise, the result is that the child often
goes without the service until the agencies resolve their
differences or one of the agencies simply agrees to provide it.
This causes undue stress on families and interferes with the
provision of essential early intervention services. This bill,
sponsored by the Association of Regional Center Agencies (ARCA),
is intended to ensure a speedy resolution of these disputes.
GOVERNOR'S VETO MESSAGE :
While this bill would provide for a process to resolve
disputes between agencies regarding responsibility for
payment of required services for developmentally
disabled children ages 0-6, it would indirectly create
new costs for greater participation by publicly funded
agencies in the service planning process. Given the
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rapid decline of our economy and a budget shortfall of
$1.1 billion through the first three months of this
fiscal year alone, I have no choice but to oppose
additional General Fund spending of at least $7
million annually.
However, I am directing the Health and Human Services
Agency to bring the affected state agencies together
to prepare a dispute resolution proposal that will not
create pressure on the General Fund.
Analysis Prepared by : Sherry Novick / HUM. S. / (916) 319-2247
FN: 0003790