BILL ANALYSIS
AB 2204
Page 1
Date of Hearing: March 23, 2010
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Jim Beall, Jr., Chair
AB 2204 (Beall) - As Amended: March 15, 2010
SUBJECT : Developmental services: stakeholder groups
SUMMARY : Requires the Department of Developmental Services
(DDS) to take into account the state's ethnic, geographic, and
socioeconomic diversity when convening or consulting with
stakeholder groups under the Lanterman Developmental
Disabilities Services Act (Lanterman Act). Specifically, this
bill :
1)Requires that, in convening stakeholder organizations or
groups pursuant to the Lanterman Act, DDS take into account
the state's ethnic, geographic, and socioeconomic diversity
and use best efforts to include stakeholder groups that,
collectively, reflect the interests of the state's diverse
population.
2)Requires that, in preparing reports to the Legislature
required under the Lanterman Act related to activities that
involve stakeholder groups, DDS include a description of how
it considered diversity in convening the stakeholders.
3)Makes non-substantive changes to the definition of
"stakeholder organizations."
EXISTING LAW
1)Establishes, under the Lanterman Act, 21 nonprofit regional
centers, which contract with DDS to provide case management
services, conduct assessments, and develop and implement an
individual program plan IPP for each person determined to be
eligible for regional center services under the Lanterman Act.
2)Establishes DDS as the state department responsible for
overall administration of the requirements Lanterman Act.
3)Defines "stakeholder organizations" as statewide organizations
representing the interests of consumers, family members, and
service providers, and statewide advocacy organizations.
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4)Requires that, when convening any task force or advisory
group, DDS make its best effort to ensure representation by
consumers and family members representing California's
multicultural diversity.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, "[I]t is important that all
segments of California's diverse population have a voice into
policy decisions related to the provision of services to people
with developmental disabilities under the Lanterman Act. This
means that DDS should consider diversity--cultural, ethnic,
language, geographic, and socioeconomic--when it is required to
convene stakeholder groups or to consult with stakeholders on
issues related to the budget or policies impacting the
availability and delivery of services to regional center
consumers throughout the state."
Like the population of the state as a whole, the population of
those served by regional centers is quite diverse, not only
racially and culturally but also geographically and
socioeconomically. In terms of ethnicity, for example, whites
comprised 46.8% of the regional center consumer population in
December 1997 but only 39.7% of the population in December 2007.
Latinos, on the other hand, went from 25.9% of the regional
center population in December 1997 to 33.2% in December 2007.
DDS Fact Book , 11th Edition (October 2008), p. 9. DDS has
recognized that "[i]t is essential that DDS take actions to
ensure services are provided in a culturally competent manner,
and choices in services are available to meet the needs and
preferences of such a diverse population." Working Toward a
Better Future for Persons with Developmental Disabilities and
Their Families: Strategic Plan 2003-2008, " p. 10.
The need to ensure diversity in stakeholder discussions is
supported, in part, by studies conducted since the early 1990s
that have examined regional centers' expenditures of
purchase-of-service (POS) dollars as a function of a number of
variables, including client ethnicity. Language contained in a
trailer bill to the budget of 1998 required DDS to analyze the
POS expenditures and factors that lead to variance among various
race and ethnic groups. The data produced were criticized by
some as not having sufficient control factors; so, the decision
was made to alter the methodology and conduct another study.
The second study, released in August of 2003, showed some
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significant disparities, though not to the extent of the earlier
studies.
Most recently, however, the results of independent statistical
studies using DDS data were published by researchers at the
University of California, San Francisco--Charlene Harrington and
Taewoon Kang. The Harrington and Kang studies found that, even
when controlling for client needs, all racial and ethnic groups
(Asian/Pacific Islanders, African Americans, Hispanics) were
23-31% less likely to receive any services than were whites.
For those who received services, even when client need is taken
into account, annual per-person expenditures for non-white
racial and ethnic groups were significantly lower than for
whites: Hispanics received $3,190 less, Asian/Pacific Islanders
received $2,560 less, and African Americans received $1,320
less. Harrington, C. & Kang, T., Disparities in service
utilization and expenditures for individuals with developmental
disabilities , Disability & Health Journal, 1:184, 190 (2008).
Thus, while the results of the POS have been varied and open to
interpretation, the studies, overall, show that ethnicity does
have a statistically significant relationship to service
expenditures, even with the legitimate cost factors controlled
for. Purchase of Service Study II: Final Report Summary , DDS,
Report to the Legislature (December 2003). Based on survey data
of consumers and family members, as opposed to data on dollars
spent, the 2003 DDS study reported several significant ethnic
differences in such measures as receipt of services, the need
for additional resources, and satisfaction with supports.
Results showed, for example, that consumers from all identified
minority groups had higher reported levels of need for
additional resources than did white consumers. Id. at 7-8.
Latinos reported significantly greater unmet needs. Id. at
9-10.
The author of this bill contends that, if nothing else, these
data show that there is at least the perception of many regional
center consumers and family members that services are not being
provided and needs are not being met, equitably. Explicit
recognition in the Lanterman Act that diversity must be
considered in convening stakeholder groups is one step in
ensuring that all segments of the state's diverse population are
included in discussions of fiscal and policy issues affecting
the delivery of services to all Californians with developmental
disabilities.
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There are several provisions in the Lanterman Act directing DDS
to convene or consult with stakeholder organizations or groups.
Recently, for example, one of the 2009-10 Budget trailer bills
(ABX4 9 (Evans)) required DDS to consult with stakeholders on a
number of initiatives, including development of an alternative
service delivery model providing for an Individual Choice
Budget. ABX4 9 also required an ongoing stakeholder review
process, and report to the Assembly and Senate Budget
Committees, on implementation of cost containment measures and
their effect on the developmental disabilities services system.
This bill requires only that, in convening stakeholder groups,
DDS take into account the state's ethnic, geographic, and
socioeconomic diversity and use best efforts to include
stakeholder groups that, collectively, reflect the interests of
the state's diverse population. If a Legislative report is
required as part of an activity involving stakeholders, DDS
would be required to describe how stakeholder diversity was
taken into account.
In support of this bill, The Arc of California says that "[w]e
must expand [the] consultation process to include better
representation of California's enormously diverse population."
Disability Rights California states that by requiring the state
to take the state's diversity into account "this bill will
ensure that diverse views are represented and will help to
reduce unintended disparate results."
REGISTERED SUPPORT / OPPOSITION :
Support
The Arc of California
Disability Rights California
USC University Center for Excellence in Developmental
Disabilities (UCEDD)
Opposition
None on file
Analysis Prepared by : Eric Gelber / HUM. S. / (916) 319-2089