BILL ANALYSIS
SENATE HUMAN
SERVICES COMMITTEE
Senator Carol Liu, Chair
BILL NO: SB 1196
S
AUTHOR: Negrete-McLeod
B
VERSION: March 23, 2010
HEARING DATE: April 13, 2010
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FISCAL: Appropriations
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9
CONSULTANT:
6
Park
SUBJECT
Lanterman Developmental Center
SUMMARY
Requires the Department of Developmental Services to comply
with certain Internet Web site posting provisions for
documents related to the proposed closure of the Lanterman
Developmental Center.
ABSTRACT
Existing law:
1.Establishes the Lanterman Developmental Disabilities
Services Act, which is an entitlement program that
provides support and services to people with
developmental disabilities, as specified.
2.Establishes the jurisdiction of the Department of
Developmental Services (DDS) over specified institutions.
Continued---
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3.Requires DDS, in proposing the closure of a state
developmental center, to submit a detailed plan to the
Legislature not later than April 1 immediately prior to
the fiscal year in which the plan is to be implemented,
and as a part of the Governor's proposed budget. Allows
the plan to be subsequently modified during the
legislative review process, and prohibits the plan,
including modifications, from being implemented without
the approval of the Legislature.
4.Requires DDS, prior to submitting the plan, to solicit
input from and confer with parties, as specified, and
hold at least one public hearing in the community in
which the developmental center is located, with public
comment from that hearing summarized in the plan.
5.Requires the plan to include the following: a description
of the land and buildings affected; a description of
existing lease arrangements at the developmental center;
the impact on residents and their families; anticipated
alternative placements for residents; the impact on
regional center services; where services will be obtained
that, upon closure of the developmental center, will no
longer be provided by that facility; potential job
opportunities for developmental center employees and
other efforts made to mitigate the effect of the closure
on employees; the fiscal impact of the closure; and the
timeframe in which closure will be accomplished.
This bill:
1.Requires DDS to maximize opportunities for public
involvement relative to the proposed closure of the
Lanterman Developmental Center by requiring that any
plans and other public documents be posted on the
department's Internet Web site no more than 72 hours
after publication.
2.Requires DDS to post on its Internet Web site notice of
any public meetings or teleconferences relative to the
proposed closure of the Lanterman Developmental Center,
along with public access information, no less than 72
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hours prior to those public meetings or teleconferences.
FISCAL IMPACT
Unknown
BACKGROUND AND DISCUSSION
Author's statement
The author writes that on January 29, 2010, DDS proposed
the closure of Lanterman Developmental Center in Pomona,
which is located in her district, and submitted the closure
plan on April 1, 2010. The author states that she is
interested in pursuing legislation that could potentially
be used to either counter provisions of the DDS proposal,
or to strengthen them in order to ensure that the needs of
the larger Lanterman community are met if closure becomes
certain. The author states that she is committed to
ensuring that, if the closure goes forward, the lessons of
past closures are heeded and that the State of California
lives up to its obligations to persons with developmental
disabilities.
Announcement of plan to close Lanterman Developmental
Center
On January 29, 2010, DDS sent letters notifying the
Legislature and other interested parties that it was
initiating the process to plan for the closure of Lanterman
Developmental Center (Lanterman), a DDS-operated facility
located in Pomona, California, that provides 24-hour care
and treatment to persons with developmental disabilities
(consumers). The letter stated that, of the four large
developmental centers that DDS operates, Lanterman serves
the smallest population and has the highest per-consumer
cost. DDS notes that Lanterman is one of the oldest
facilities, and its infrastructure is in need of major
repairs and capital improvements, all of which would
require a significant investment of state funds over the
next few years.
Outreach efforts prior to the closure plan
On February 24, DDS held a 7-hour public hearing on the
proposed closure of Lanterman in the auditorium on its
campus. DDS noted that approximately 92 speakers provided
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verbal input, and 276 written submissions were received
through March 22, 2010. The summary of public comments was
made available in the closure plan, submitted on April 1,
2010. The 242-page transcript of the hearing, and the
397-page attachment of written comments were made available
on April 1st on DDS's Web site, along with the closure plan
itself. DDS posted the public hearing notice on its Web
site on February 9th, and posted the notice in the Los
Angeles Times and San Gabriel Valley Tribune on Feb 14, 15,
18, 21, 22, and 24.
According to information in the closure plan, DDS contacted
85 stakeholder organizations between January 29 and March
22, 2010, to inform and seek input from all interested
parties. These took place in the form of face-to-face
meetings, open forums, phone contacts, a scheduled public
hearing, and via e-mail. Stakeholder organizations
contacted included 5 consumer organizations and
individuals; three parent organizations and individuals;
nine employees and employee organizations; 16 governmental
offices, including local, state, and congressional; 20
provider and advocacy organizations; six managed care
plans; 15 regional center organizations; and 11 state
departments.
Lanterman closure plan
On April 1, pursuant to its statutory obligation, DDS
submitted a closure plan to the Legislature, which
identifies the essential policies and strategies that will
be utilized to: achieve a safe and successful transition of
individuals with developmental disabilities from Lanterman
to other appropriate living arrangements as determined
through the individualized planning process; support
employees with future employment options by generating or
identifying job opportunities, providing assistance,
counseling and information, and working closely with the
affected bargaining units; and address the disposition of,
and other issues affecting, the Lanterman property.
DDS notes that although a specific closure date for
Lanterman has not been set, it is anticipated that the
closure process will take at least two years. Closure will
occur only when necessary services and supports are in
place and each resident has transitioned. DDS states that
it intends to establish three advisory groups for future
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input and guidance toward a smooth and successful closure.
Lanterman and history of developmental centers
Lanterman Developmental Center is licensed and certified as
a general acute care hospital with services provided within
a skilled nursing facility and an intermediate care
facility. The campus, located in Pomona, California, on 302
acres of state-owned land, has 120 structures, the oldest
of which is 104 years. Lanterman has a staff of more than
1,300, with an annual budget of approximately $116 million.
Lanterman opened in 1927 with 61 consumers and served as
many as 3,050 consumers in 1962. As of March 3, 2010,
Lanterman serves 393 residents-92 of whom live in one of
five nursing facility residences, and 301 residing in one
of 11 intermediate care facility residences.
The majority of Lanterman's consumers have resided at
Lanterman for decades, with 59 percent having resided there
for more than 30 years. Eleven percent have lived at
Lanterman for 10 years or fewer. More than 80 percent of
the residents are over age 40. Fifty-nine percent of the
population is male and 41 percent is female. Seventy
percent of the population is Caucasian; the remaining
population is 18 percent Hispanic, 8 percent African
American, 4 percent Asian and Pacific Islander, with a
small percentage identifying as "Filipino" and "Other."
Seventy-seven percent of Lanterman consumers have profound
mental retardation and 13 percent have severe mental
retardation. The remaining individuals have been assessed
with mild and moderate levels of mental retardation. A
majority of consumers have additional disabilities,
including epilepsy (54 percent of the population), autism
(13 percent), and cerebral palsy (10 percent). In
addition, many consumers have ambulation and vision
difficulties.
According to DDS, up and until the late 1960s, services for
individuals with developmental disabilities were primarily
provided through state-operated facilities. In June 1968,
California operated eight state hospitals serving over
13,300 residents. The population began to decrease in 1969
when the community-based system was initiated in California
under the newly established Lanterman Mental Retardation
Services Act, now the Lanterman Act. In 1999, the United
States Supreme Court issued its ruling in Olmstead v. L. C.
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(1999) 527 U.S. 581 (Olmstead), affirming the integration
mandate of the Americans With Disabilities Act, and, as a
result of this decision, the federal Department of Health
and Human Services, Centers for Medicare and Medicaid
Services, has required states to prepare comprehensive
Olmstead plans to decrease dependency on institutional
services. DDS states that, based on the principles in the
Lanterman Act and the Olmstead decision, the total DC
population has been declining dramatically as the community
system expands, from a high of more than 13,300 residents
in 1968 to 2,130 residents as of March 3, 2010. DDS states
that, because of this decline, it has closed three DCs and
one community facility.
Prior legislation
AB 1184 (Lieber) of 2007 requires DDS to establish a task
force of current and former residents and their families to
monitor community placements of former Agnews Developmental
Center (Agnews) residents. Vetoed by Governor.
SB 725 (Alquist) of 2007 requires DDS to continue to
provide the specialized health and dental services
available through the clinic at the Agnews Developmental
Center after the center is closed and until the property is
no longer the responsibility of DDS. Held under submission
by Assembly Appropriations Committee.
AB 609 (Lieber) of 2006 creates an advisory group to
provide the Legislature with recommendations regarding the
disposition of state property related to the proposed
closure of the Agnews Developmental Center. Vetoed by
Governor.
AB 1378 (Lieber), Chapter 538 of 2006, authorizes DDS to
provide state employees to operate any facility if DDS
determines that this will assist in meeting the goal of
closing Agnews Developmental Center.
AB 1379 (Lieber) of 2006 prohibits classification of
property at Agnews as surplus property absent express
legislative authorization and establishes the Agnews
Developmental Center Campus Advisory Group by March 1, 2006
to provide the Legislature with recommendations regarding
the disposition of land at Agnews. Held under submission
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in the Assembly Appropriations Committee.
SB 962 (Chesbro), Chapter 558 of 2005, established a new
type of licensed community care and residential facility as
part of a pilot project to serve people with developmental
disabilities living at Agnews Developmental Center.
COMMENTS
1.Additional statutory protections should be considered.
While the posting of documents on DDS's Internet Web site
is consistent with the goals of public input and notice
related to such closures, DDS appears to be complying
with and exceeding these requirements already. The
author may wish to consider additional statutory changes
that protect the interests of consumers and employees, in
the event that the Legislature approves the closure plan.
Some recommended statutory changes, modeled after the
Agnews closure, are outlined in the closure plan,
including expanding a model of residential care that was
established for former Agnews residents, so that it will
be available to consumers exiting from Lanterman, and
authorizing DDS to utilize Lanterman state employees in
the community to allow for continuity of support for
consumers.
POSITIONS
Support: None received
Oppose: None received
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