BILL ANALYSIS �
AB 104
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CONCURRENCE IN SENATE AMENDMENTS
AB 104 (Budget Committee)
As Amended June 8, 2011
Majority vote. Budget Bill Appropriation Takes Effect
Immediately
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|ASSEMBLY: | |(February 22, |SENATE: |23-14|(June 10, |
| | |2011) | | |2011) |
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(vote not relevant)
SUMMARY : Contains necessary statutory and technical changes to
implement changes to the Budget Act of 2011.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Adopt an extension on the liquidation period to bill the
federal government for the Intermediate Care Facilities
-Developmentally Disabilities (ICF-DD) State Plan Amendment
approved April 2011. This will allow the Department of
Developmental Services (DDS) to receive reimbursements for day
and transportation services arranged by Regional Centers and
associated administrative costs effective for services on and
after July 1, 2007.
2)Amend the previous population maximum at the Porterville
Secure Treatment Program from 297 residents to 230. This
reflects current population trends and allows the DDS to
maximize federal financial participation (FFP) by limiting the
number of residents ineligible for federal funds to 104
residents.
3)Adopt the statutory changes to implement the final proposal to
achieve the $174 million General Fund reduction to DDS. Of
this reduction, $79.1 million is achieved through best
practices which include the following:
a) An increase in federal funds through multiple waivers
and grants;
b) Decreasing the DDS headquarters contract and regional
center operations funding;
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c) Implementation of an electronic e-billing system for all
providers;
d) Clarification language for the 4.25% reduction to
regional center purchase of service and operations
reimbursements, which specify exemptions to usual and
customary payments;
e) An annual family fee between $150 to $200 for consumers
who meet the following criteria: the child is under age
18; the child lives with his or her parents; the child or
family receives services beyond eligibility determination,
needs assessment, and service coordination; and, the child
does not receive services through the Medi-Cal program.
Exemptions exist for extraordinary cases, and families who
only receive respite, camping or daycare are exempted,
since they already incur a fee;
f) Maintaining the consumer's home of choice, by allowing
regional centers to enter into contracts with residential
service providers for a consumer's needed services at a
lower level of payment and staffing without adjusting the
facility's approved service level;
g) Maximizing the use of generic education resources by
directing regional centers to pursue special education and
related education services, for consumers who have not
received a diploma or certificate of completion and when
their Individual Planning Team determines that the
consumers' needs can be met by the educational system. The
language exempts consumers when their needs cannot be
addressed through generic education services;
h) Maximizing resources in supported living by allowing for
efficiencies in service for consumers receiving supported
living services who share a household with one or more
adult(s) receiving supported living services. Tasks can be
shared as long as each person's individual needs are met,
and with input from the service provider tasks such as meal
preparation and clean up, menu planning, laundry, shopping,
general household tasks, or errands can be appropriately
shared;
i) The implementation of tailored day program services
option and full day or half day attendance modifications
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for daily rate services provided to consumers;
j) Requiring parent verification for receipt of services,
and allowing the use of paraprofessionals in group practice
provider behavioral intervention services, at a lower rate;
aa) Phasing out the Prevention Program by July 1, 2012 and
allowing the State Department of Developmental Services to
contract with an organization representing one or more
Family Resource Centers to provide outreach, information
and referral services to generic agencies for children
under 36 months of age who are otherwise not eligible for
the California Early Intervention Program;
bb) Implementing the review of transportation needs for
consumers through a transportation access plan (TAP).
Changes to the consumer's transportation needs will be
completed through the individual program plan (IPP) and
will address a consumer's community integration and
participation through the use of public transportation
services. The safety, availability, accessibility, and
future services and supports -which include mobility
training services and transportation aides -will be
considered by the IPP planning team; and,
cc) To maximize resources, requires that at the time of
assessment the parent, legal guardian, or conservator,
provide copies of any health benefit cards under which the
consumer is eligible to receive health benefits, including,
but not limited to private health insurance, health care
service plan, Medi-Cal, Medicare, and TRICARE.
1)Add an appropriation allowing this bill to take effect
immediately upon enactment.
AS PASSED BY THE ASSEMBLY , this bill expresses the intent of the
Legislature to enact statutory changes relating to the 2011
Budget Act.
Analysis Prepared by : Daisy Gonzales / BUDGET / (916)319-2099
FN: 0001236
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