BILL ANALYSIS
AB 2204
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ASSEMBLY THIRD READING
AB 2204 (Beall)
As Amended April 5, 2010
Majority vote
HUMAN SERVICES 6-2 APPROPRIATIONS 11-5
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|Ayes:|Beall, Ammiano, Hall, |Ayes:|Fuentes, Ammiano, |
| |Portantino | |Bradford, |
| | | |Charles Calderon, Coto, |
| | | |Davis, |
| | | |De Leon, Hall, Nielsen, |
| | | |Norby, Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Tom Berryhill, Logue |Nays:|Conway, Harkey, Miller, |
| | | |Nielsen, Norby |
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SUMMARY : Requires the Department of Developmental Services
(DDS) to take into account the state's ethnic, sexual
orientation, gender identity, geographic, socioeconomic
orientation diversity when convening or consulting with
stakeholder groups under the Lanterman Developmental
Disabilities Services Act (Lanterman Act). Specifically, this
bill requires that:
1)In convening stakeholder organizations or groups pursuant to
the Lanterman Act, DDS take into account the state's ethnic,
sexual orientation, gender identity, geographic, and
socioeconomic diversity and use best efforts to include
stakeholder groups that, collectively, reflect the interests
of the state's diverse population.
2)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."
AB 2204
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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.
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 : According to the Assembly Appropriations
Committee, minor absorbable workload to DDS to take into account
California's diversity when convening stakeholder groups and to
account for such efforts in written reports required under
current law to the Legislature.
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,
sexual orientation, gender identity, 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
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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.
Recent independent statistical studies using DDS data found
disparities in regional center spending on services related to
ethnicity, even when controlling for client needs. For example,
all racial and ethnic groups (Asian/Pacific Islanders, African
Americans, and 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).
While the results of purchase-of-service studies 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
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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.
There are several provisions in the Lanterman Act directing DDS
to convene or consult with stakeholder organizations or groups.
Recently, for example, the 2009-10 Budget trailer bill related
to DDS (AB 9 X4 (Evans), Chapter 9, Statutes of 2009-10 Fourth
Extraordinary Session) requires DDS to consult with stakeholders
on a number of initiatives, including development of an
alternative service delivery model providing for an Individual
Choice Budget. AB 9 X4 also requires 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 diversity in designated
categories 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.
Analysis Prepared by : Eric Gelber / HUM. S. / (916) 319-2089
FN: 0003899