BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           1129 (Wiggins)
          
          Hearing Date:  5/27/2010        Amended: 5/4/2010
          Consultant: Katie Johnson       Policy Vote: Human Serv. 3-1
          _________________________________________________________________ 
          ____
          BILL SUMMARY:  SB 1129 would provide that a person with a  
          developmental disability served by any regional center may  
          access intensive behavioral intervention services at the Sonoma  
          Developmental Center (SDC) when it is determined that he or she  
          is a danger to himself or herself or others, and when he or she  
          has a pending hearing related to a such a situation.
          _________________________________________________________________ 
          __
                            Fiscal Impact (in thousands)

           Major Provisions         2010-11      2011-12       2012-13     Fund
                                                                  
          Services purchased       unknown, but potentially inGeneral/*
          at SDC by RCs            the hundreds of thousands     Federal
                                   to millions depending on the 
                                   number of consumers
          *See staff comments
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: SUSPENSE FILE.

          This bill would state that the Legislature finds and declares  
          that California should find ways to make high-quality  
          developmental center services available to the broader disabled  
          community. This bill would permit a regional center (RC) to  
          purchase intensive behavioral intervention services at the  
          Sonoma Developmental Center (SDC) for persons who are not  
          residents of SDC when a consumer is a danger to himself or  
          herself or others and, pursuant to an existing process, when a  
          consumer has a pending court hearing. This bill would permit  
          individuals to be temporary residents of SDC when they would  
          receive intensive behavioral intervention at SDC even though the  
          RC would purchase the services. It is unclear what the funding  
          source would be for this bill because RCs do not currently  
          purchase services from a developmental center (DC). Costs  
          related to DC residents are currently paid directly by the  










          state.

          21 non-profit RCs purchase services for approximately over  
          240,000 clients of all ages through community vendors registered  
          with DDS, including respite and day programs. In contrast, the 4  
          DCs are licensed to include a combination of general acute care  
          hospitals, skilled-nursing facilities, and intermediate care  
          facilities. They serve a population of 2,130 full-time residents  
          and do not currently provide inpatient or outpatient services to  
          RC clients other than their own residents.

          Existing law provides that if a person is determined to be a  
          danger to himself or herself or others, he or she would enter a  
          DC through a court commitment process. Prior to the commitment  
          hearing, a court could order the alleged dangerous person to be  
          left in the charge of his or her parent or to be placed in a DC,  
          a psychiatric hospital or in any other 
          Page 2
          SB 1129 (Wiggins)

          suitable placement that would be the least restrictive  
          residential environment as recommended by the person's RC and a  
          DC, when applicable. SDC intensive behavioral intervention beds  
          are licensed as intermediate care facility beds, which also  
          exist in the community. It would be unlikely that a court would  
          consider temporary residence in SDC, a state hospital, as the  
          least restrictive residential placement for a person requiring  
          such services when those services would be available in a  
          licensed community care facility.

          This bill would permit any RC to choose to provide intensive  
          behavioral services at SDC instead of in a community  
          intermediate care facility regardless of whether or not the  
          placement was the most appropriate or the least restrictive  
          residential environment, as per existing law. 

          It costs the state approximately $25,000 per DC resident per  
          month. DCs are paid as follows according to the FY 2009-2010  
          budget: 96 percent General Fund and 4 percent other funds, the  
          State Lottery, and federal funds. Accordingly, the state could  
          expect to pay a similar per resident per month amount for any  
          temporary resident at SDC pursuant to this bill. 

          To the extent that this bill would result in the procurement of  
          DC services not already provided for under existing law, if RCs  
          chose to purchase services from SDC for at least one consumer  










          per regional center for a single month, costs would be $525,000.  
          Alternatively, if a single person in the state were to be placed  
          temporarily in SDC for intensive behavioral intervention for up  
          to six months, as permitted by this bill, the cost would be  
          approximately $150,000, as compared to a community placement  
          which has less overhead and fewer staff and is an overall less  
          expensive placement.

          This bill would provide that intensive behavioral intervention  
          services at SDC would be funded through existing resources and  
          that no additional General Fund moneys would be appropriated.  
          DDS cut $334 million in its FY 2009-2010 budget. It is unlikely  
          that DDS could absorb these costs.