BILL NUMBER: AB 302	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2009

INTRODUCED BY   Assembly Member Beall
    (   Coauthors:   Assembly Members 
 Chesbro   and Portantino   ) 

                        FEBRUARY 17, 2009

   An act to amend Section 4434 of the Welfare and Institutions Code,
relating to developmental services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 302, as amended, Beall. Developmental services: regional
centers.
   Under existing law, the Lanterman Developmental Disabilities
Services Act, the State Department of Developmental Services is
authorized to contract with regional centers to provide, either
directly or through the purchase of finances, services , 
and supports to individuals with developmental disabilities. Under
existing law, the department is required to ensure that regional
centers comply with state and federal law, including, among other
things, purchase of services policies.
   This bill would require the department to use  specified 
existing data to determine specified information, for the state as a
whole and by regional center, relevant to the use of purchase of
services funds by regional centers for linguistically and ethnically
diverse consumers.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4434 of the Welfare and Institutions Code is
amended to read:
   4434.  (a) Notwithstanding preexisting rights to enforce the
Lanterman Developmental Disabilities Services Act (Division 4.5
(commencing with Section 4500)), it is the intent of the Legislature
that the department ensure that the regional centers operate in
compliance with federal and state law and regulation and provide
services and supports to consumers in compliance with the principles
and specifics of this division.
   (b) The department shall take all necessary actions to support
regional centers to successfully achieve compliance with this section
and provide high quality services and supports to consumers and
their families.
   (c) The contract between the department and individual regional
centers required by Chapter 5 (commencing with Section 4620) of
Division 4.5 shall include a provision requiring each regional center
to render services in accordance with applicable provisions of state
laws and regulations. In the event that the department finds a
regional center has violated this requirement, or whenever it appears
that any regional center has engaged in or is about to engage in any
act or practice constituting a violation of any provision of
Division 4.5 (commencing with Section 4500) or any regulation adopted
thereunder, the department shall promptly take the appropriate steps
necessary to ensure compliance with the law, including actions
authorized under Section 4632 or 4635. The department, as the
director deems appropriate, may pursue other legal or equitable
remedies for enforcement of the obligations of regional centers
including, but not limited to, seeking specific performance of the
contract between the department and the regional center or otherwise
act to enforce compliance with Division 4.5 (commencing with Section
4500) or any regulation adopted thereunder.
   (d) As part of its responsibility to monitor regional centers, the
department shall collect and review printed materials issued by the
regional centers, including, but not limited to, purchase of service
policies and other policies and guidelines utilized by regional
centers when determining the services needs of a consumer,
instructions and training materials for regional center staff, board
meeting agendas and minutes, and general policy and notifications
provided to all providers and consumers and families. Within a
reasonable period of time, the department shall review new or amended
purchase-of-service policies prior to implementation by the regional
center to ensure compliance with statute and regulation. The
department shall take appropriate and necessary steps to prevent
regional centers from utilizing a policy or guideline that violates
any provision of Division 4.5 (commencing with Section 4500) or any
regulation adopted thereunder.
   (e) (1) As part of its responsibility to monitor regional centers
and to assist in determining whether  purchase of service
  purchase-of-service  funds are being spent
equitably among the state's linguistically and ethnically diverse
population, the department shall use existing data  from the
client master file, the client development evaluation report file,
and the purchase-of-service file,  to determine all of the
following:
   (A) The number and percentage of individuals, by ethnicity and age
and by primary language and age, who have been determined to be
eligible for regional center services but are not receiving any
services using  purchase of service  
purchase-of-service  funds.
   (B) The average annual per capita  purchase of service
  purchase-of-service  expenditures for individuals
who are receiving services using  purchase of services
  purchase-of-services  funds, overall, by
residence type, and by service category with details by ethnicity and
age and primary language and age.
   (2) The data required by paragraph (1) shall be determined for the
state as a whole and separately for each regional center. The data
shall be updated annually and posted on the department's Internet Web
site.