BILL NUMBER: SB 1129 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 4, 2010
AMENDED IN SENATE APRIL 6, 2010
INTRODUCED BY Senator Wiggins
FEBRUARY 18, 2010
An act to add Section 4510.5 to the Welfare and Institutions Code,
relating to developmental disabilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 1129, as amended, Wiggins. Health services: Sonoma
Developmental Center.
Existing
Under existing law, the Lanterman Developmental Disabilities
Services Act, the State Department of Developmental Services
contracts with private nonprofit regional centers to provide or
purchase services and supports for persons with developmental
disabilities.
Existing law vests in the State Department of
Developmental Services department jurisdiction
over various state developmental centers, including the Sonoma
Developmental Center, for the medical and nursing care of patients
with developmental disabilities. Existing law imposes various
functions and duties on the Director of Developmental Services with
respect to the provision of services for the care and protection of
persons with developmental disabilities.
This bill would require the director to provide, prior to
an unspecified date, intensive behavioral treatment services at the
Sonoma Developmental Center, through the center's operation of an
outpatient clinic, to persons with developmental disabilities who
reside at the center, and also to individuals residing in community
settings in the surrounding area make a consumer from
any regional center eligible to receive temporary intensive
behavioral intervention services at the Sonoma Development
al Center through the center's existing behavioral treatment
units in specified circumstances. The bill would require the regional
center to make the determination of whether to provide those
services and would specify that the consumer is prohibited from
remaining in the Sonoma Developmental Center for a period exceeding 6
months without a review by the regional center and the Sonoma
Developmental Center .
This bill would authorize the department to obtain status as a
Medi-Cal provider in order to receive reimbursement for services
provided to nondevelopmental center patients, and would require the
department to pursue other funding sources. The bill would make the
provision of services to nondevelopmental patients contingent upon
obtaining appropriate status as a Medi-Cal provider or otherwise
obtaining sufficient funds through other funding sources.
This bill would require the costs of administering the program to
be funded through existing resources of the department.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Sonoma.
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. The Legislature finds and declares all of the
following:
(a) State developmental centers are an integral part of the system
of care provided to consumers of services for the developmentally
disabled.
(b) As a part of that system of care, state developmental centers
have developed and maintained intensive behavioral treatment services
of the highest quality.
(c) Consumers of services for the developmentally disabled who do
not choose to live in a state developmental center experience
difficulty accessing intensive behavioral treatment services.
(d) California has an enduring commitment to meeting the intensive
behavioral treatment service needs of all consumers of services for
the developmentally disabled, and should find ways to make these
high-quality developmental center services available to the broader
disabled community.
SEC. 2. Section 4510.5 is added to the Welfare
and Institutions Code, to read:
4510.5. (a) Notwithstanding any other provision of law, prior to
____, the Director of Developmental Services shall provide intensive
behavioral treatment services at Sonoma Developmental Center to
residents of the center and to individuals residing in community
settings in the surrounding area through the center's operation of an
outpatient clinic.
(b) The department may obtain appropriate status as a Medi-Cal
provider in order to be reimbursed for services provided to
nondevelopmental center patients. The department shall pursue other
funding sources to minimize the fiscal impact of the program on the
General Fund. Other sources may include the establishment of a
certified public expenditure program or procurement of a waiver under
federal Medicaid provisions. The department may contract with a
billing service to ensure accurate and timely billing of, and
reimbursement by, the State Department of Health Care Services
through the Medi-Cal program.
(c) Provision of services to nondevelopmental center patients
required pursuant to subdivision (a) shall be contingent on the
department obtaining appropriate status as a Medi-Cal provider or
otherwise obtaining sufficient funds through other sources as
provided in subdivision (b).
(d) Administration of this program shall be funded through
existing resources of the department. No additional General Fund
moneys shall be appropriated to the department for the administration
of the program.
SEC. 2. Section 4510.5 is added to the
Welfare and Institutions Code , to read:
4510.5. (a) Notwithstanding any provision of law, a consumer from
any regional center shall be eligible to receive temporary intensive
behavioral intervention services at the Sonoma Developmental Center
through the center's existing behavioral treatment units in
circumstances requiring immediate action when a consumer is a danger
to himself or herself or others and, pursuant to Section 6506, when a
consumer has a pending hearing.
(b) A regional center may choose to provide intensive behavioral
intervention services pursuant to subdivision (a).
(c) A consumer receiving intensive behavioral intervention shall
be considered a temporary resident at the Sonoma Developmental
Center, but the consumer shall be prohibited from remaining a
resident for a period exceeding six months without a review by the
regional center and the Sonoma Developmental Center.
(d) Administration of this section shall be funded through
existing resources of the department. No additional General Fund
moneys shall be appropriated to the department for this section.
SEC. 3. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances concerning the County of Sonoma.