BILL ANALYSIS
AB 416
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Date of Hearing: May 13, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 416 (Block) - As Introduced: February 23, 2009
Policy Committee: Human Services
Vote: 4-1
Health 16-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires the Department of Developmental Services
(DDS) to develop a registry for tracking and investigating
reports of substantiated abuse of Developmental Center (DC) and
Regional Center (RC) consumers (consumers). In addition, this
bill requires DDS service providers to report "any evidence" of
abuse of a consumer by a worker to appropriate agencies
investigating such abuse under current law and requires the
establishment of penalties for the hiring of workers found in
the abuse registry.
FISCAL EFFECT
1)One-time GF costs of $2 million to $4 million for DDS to
establish the registry with input from numerous stakeholders
and with precise functionality required by the bill. Unknown
on-going registry maintenance costs of more than $200,000 GF
depending on the volume and complexity of information related
to the registry that is established. Under current law, some
of the abuse screening data and tools are automated. Others
require intense review and legal and criminal justice
expertise to determine the seriousness and circumstances of a
crime.
2)Annual GF investigation costs to DDS of more than $1 million.
The bill increase DDS investigation responsibilities as
compared to current law.
3)Annual GF costs of more than $1 million to the extent this
bill increases the reporting of "any evidence" of abuse. It is
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unclear what this provision means in terms of employees and
providers mandated or not mandated under current law to report
neglect and abuse. This vague and overreaching term in the
abuse and neglect statutory and regulatory landscape increases
costs and appeals accordingly. Allegations of abuse and
neglect are handled very specifically under current law to
protect both alleged victims and employees not found to be
perpetrators of neglect or abuse.
4)Annual GF increased costs of more than $200,000 for criminal
background checks to the extent this bill's requirements
generate more criminal background checks among the work force
in question. Depending on the agency conducting the background
checks and what data is accessed, each check is between $30
and $130.
COMMENTS
1)Rationale . This bill is sponsored by the Registry to End
Abusive Caregiver Hiring (REACH) Project to increase the
information collected about abusive workers and provided to
employers and consumers. The sponsors and author are concerned
about serious risk of abuse and neglect of a very vulnerable
population of consumers. According to the sponsors, children
and elderly people have specific protections and reporting
under current law with respect to neglect and abuse, but
developmentally disabled consumers are not similarly
protected. This bill is intended to increase health and safety
for these consumers.
2)Existing law . The DDS contracts with 21 private non-profit RCs
to provide services that meet the needs of 200,000 individuals
with developmental disabilities. The state's five DCs (Agnews,
Fairview, Lanterman, Porterville, and Sonoma) and two smaller,
leased facilities (Sierra Vista and Canyon Springs) provide
24-hour care to about 3,600 individuals with developmental
disabilities. The DCs, with 8,600 state staff provide a full
range of care, including medical and recreational services.
Agnews, in the Bay Area, is in the process of moving all
residents into the community or to other inpatient settings as
an effort to comply with the Olmstead Act.
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3)Abuse Reporting Landscape . Mandated reporters must report
incidents that reasonably appear to be abuse or neglect of
elder or dependent adults or children to at least one of the
following investigating agencies, as appropriate: local law
enforcement, county Child Protective Services (CPS), Adult
Protective Services (APS), or the state agency responsible for
licensing the facility in which the abuse is believed to have
occurred. This bill establishes a fair amount of overlapping
requirements with current law abuse and neglect reporting.
Several state agencies license facilities that serve consumers
and have related abuse reporting processes. The Office of the
State Long-Term Care Ombudsman investigates reports of abuse
that occur in a nursing home, board and care home, residential
facility for the elderly, or long-term care facility. Cases
of alleged abuse by hospital or health clinic staff are
handled by the Department of Public Health Licensing &
Certification Division. Alleged abuse of consumers in
Regional Centers is reported to local CPS or APS agencies or
law enforcement for investigation. County APS also
investigates allegations of abuse of elder and dependent
adults who live in private homes and hotels or hospitals and
health clinics when the abuser is not a staff member. The
Community Care Licensing Program of the Department of Social
Services is responsible for investigating consumer abuse in
community or non-medical facilities. DDS investigates
allegations of abuse at its Developmental Centers.
4)Related Legislation . AB 1192 (Evans) in 2007 and AB 1183
(Evans) in 2008 were similar to this bill. AB 1192 was vetoed
due to concerns about increased costs and unclear improvements
in health and safety. AB 1183 was held on the Suspense File of
this committee.
Analysis Prepared by : Mary Ader / APPR. / (916) 319-2081