BILL ANALYSIS
AB 2675
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2675 (Chesbro)
As Amended August 18, 2010
Majority vote
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|ASSEMBLY: |74-0 |(May 6, 2010) |SENATE: |36-0 |(August 23, |
| | | | | |2010) |
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Original Committee Reference: HEALTH
SUMMARY : Requires an applicant, or an applicant's designee, for
initial licensure of an intermediate care
facility/developmentally disabled - habilitative (ICF/DD-H) or
an intermediate care facility/developmentally disabled - nursing
(ICF/DD-N), to attend a sixteen-hour orientation program related
to business management.
The Senate amendments :
1)Make inoperative, as of October 1, 2011, the requirement that
an applicant, or designee of the applicant, attend an
eight-hour orientation program as a part of initial licensure
of an ICF/DD-H or an ICF/DD-N.
2)Repeal the requirement in 1) above as of January 1, 2012,
unless a later enacted statute, becomes operative on or before
January 1, 2012, and deletes or extends the dates on which it
becomes inoperative and is repealed.
3)Establish, commencing October 1, 2011, the requirement that an
applicant, or designee of the applicant, attend a 16-hour
orientation program as a part of initial licensure of an
ICF/DD-H or an ICF/DD-N.
EXISTING LAW :
1)Establishes the State Department of Public Health (DPH) and
deems DPH responsible for the licensing and regulation of
health facilities, including ICFs/DD-H and ICFs/DD-N.
2)Establishes the Department of Developmental Services (DDS) and
sets forth its powers and duties relating to the
administration of the state developmental centers and entering
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into contracts with regional centers for the provision of
ICF/DD-H and ICF/DD-N services to consumers in the community.
3)Establishes DHCS and deems DHCS responsible for the
certification review process to ensure that ICFs/DD-H and
ICFs/DD-N meet the federal standards of participation in the
Medi-Cal Program.
4)Establishes the Lanterman Developmental Disabilities Services
Act which provides the right of Californians with
developmental disabilities to receive treatment and
habilitation services and supports in the least restrictive
environment.
5)Establishes the Supreme Court decision in Olmstead v. L.C.
(1999) 527 U.S. 581 ( Olmstead ), which interprets Title II of
the Americans with Disabilities Act to require federal, state,
and local governments to develop more opportunities for
individuals with disabilities through accessible systems of
cost-effective community-based services.
6)Requires an applicant, or an applicant's designee for initial
licensure of an ICF/DD-H and ICF/DD-N, to attend an eight-hour
orientation program containing the following components
approved by DDS:
a) The scope of responsibility for operation including
regulatory requirements and statutes governing the facility
type;
b) Local planning;
c) Regional center and other community support services;
d) All federal and state agencies responsible for licensing
and certification, and data collection; and,
e) Government and private agencies responsible for ensuring
the rights of the developmentally disabled.
7)Requires that the ICF/DD-H and ICF/DD-N orientation program be
conducted by relevant community services and provider
organizations.
8)Requires that organizations conducting the ICF/DD-H and
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ICF/DD-N orientation program be responsible for keeping a
record of all attendees and to provide DDS with the
information within 15 working days or upon request.
9)Requires that instructors of the ICF/DD-H and ICF/DD-N
orientation program have knowledge or experience in the
subject area to be taught and to meet any of the following
criteria:
a) Possession of a four-year degree relevant to the course
or courses to be taught;
b) Be a health professional with a valid and current
license to practice in California; and,
c) Have at least two years experience in California as an
administrator of a long-term health care facility that
provides services to persons with developmental
disabilities within the last eight years.
10)Requires that, if the licensee can demonstrate to the
satisfaction of DDS that the licensee, or a representative of
the licensee, has taken the orientation program any year prior
to opening a new facility, the licensee will not be required
to repeat the program to open the facility.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, in California, the majority
of persons with developmental disabilities now reside in the
community and small ICFs/DD are continuing to open throughout
the state. The author maintains that, typically, those seeking
to operate ICFs/DD have programmatic expertise but lack the
necessary business skills to successfully run their operations.
The author maintains that feedback from new ICF/DD operators and
oversight agencies find that new licensees are struggling to
manage the financial aspects of their businesses. The author
argues that adding eight hours to the existing course
requirements for initial licensure for ICFs/DD-H and ICFs/DD-N
will address this issue by allowing instructors with expertise
in accounting and business practices, specific to ICFs/DD, to
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educate would-be providers about key business operations.
Analysis Prepared by : Tanya Robinson-Taylor / HEALTH / (916)
319-2097
FN: 0006214