BILL ANALYSIS �
SB 1012
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SENATE THIRD READING
SB 1012 (Budget and Fiscal Review Committee)
As Amended June 13, 2012
Majority vote. Budget Bill Appropriation Takes Effect Immediately
SENATE VOTE :Vote not relevant
SUMMARY : Contains necessary statutory and technical changes to
implement changes to the Budget Act of 2012 for the Department of
Developmental Services. Specifically, this bill :
1)Provides that the use of private health insurance to pay for early
intervention services for infants and toddlers with disabilities
under the California Early Intervention Services Act and Part C of
the federal Individuals with Disabilities Education Act may not
result in the loss of benefits due to an annual or lifetime health
insurance cap, may not negatively affect the availability of
health insurance for the individual or family, and may not be the
basis for increasing health insurance premiums for the individual
or family.
2)Authorizes an intermediate care facility/developmentally disabled,
or intermediate care facility/developmentally disabled
habilitative, with residents no younger than 10 years of age, to
utilize delayed egress devices in combination with secured
perimeters under specified conditions when approved by the
Department of Public Health and in accord with emergency
regulations promulgated by the Department of Developmental
Services (DDS). Also authorizes a facility licensed as an adult
residential facility for people with developmental disabilities,
or a group home for children with developmental disabilities no
younger than 10 years of age that is eligible for federal funding
and is utilizing delayed egress devices to also utilize secured
perimeters under specified conditions and in accord with DDS's
emergency regulations.
3)Decreases reliance on developmental centers (DCs), residential
facilities for which federal Medicaid funding is not available,
and out-of-state placements through several measures, detailed
below. This redesign is anticipated to result in savings of $20
million General Fund annually.
a) Establishes a statewide resource service to track specialty
services and coordinate the need for specialty services with
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regional centers, and prioritizes the development of specialty
resources, including regional community crisis homes, when
allocating community placement plan funding;
b) Requires regional centers to complete by December 31, 2015,
comprehensive assessments of specified developmental center
residents residing in a DC on July 1, 2012, and provides that
the assessments shall be provided to individual program
planning (IPP) teams to assist in determining the least
restrictive environment for the consumer and shall be updated
annually as part of the IPP process;
c) Requires annual reporting to the Legislature by DDS, with
input provided by regional centers, on the outcomes of various
measures to reduce reliance on DCs, residential facilities for
which federal funding is not available, and out-of-state
placements;
d) Limits admissions to DCs to individuals with developmental
disabilities who are:
i) Committed by a court to Porterville DC, secure treatment
program:
(1) For the attainment of mental competence, pursuant
to Penal Code provisions pertaining to persons determined
to be incompetent to stand trial for criminal offenses;
(2) After involvement with the criminal justice
system, a determination of incompetence to stand trial,
and a finding that the individual is dangerous to himself,
herself or others; or,
(3) For the attainment of mental competence pursuant
to Welfare and Institutions Code provisions pertaining to
juvenile offenders;
ii) Committed by a court to Fairview DC due to an acute
crisis, as defined; or,
iii) Released from a DC on a provisional placement of up to
12 months and have an automatic right of return to the DC
during the period of provisional placement.
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e) Requires regional resource development program
determinations that admittance to a DC is necessary due to an
acute crisis, as defined, to include a regional center report
detailing all considered community-based options, excluding
out-of-state placements and specified placements that are
ineligible for federal Medicaid funding, and an explanation of
why those options cannot meet the consumer's needs;
f) Establishes assessment and transition planning requirements,
including timelines, following court-ordered DC admissions due
to an acute crisis;
g) Limits court-ordered DC admissions due to an acute crisis to
six months unless specified conditions are met and the
committing court extends the commitment for an additional
period, not to exceed a total commitment period of one year.
Permits an additional 30-day extension only if the regional
center demonstrates significant progress toward implementing
the consumer's transition plan and extraordinary circumstances
exist beyond the regional center's control preventing the
regional center from obtaining the identified services and
supports within the timeline specified in the plan;
h) Revises provisions governing court-ordered DC placements and
stays of individuals with developmental disabilities (pursuant
to Welfare and Institutions Code Section 6500 et seq.), to
conform to the admission criteria and time limits for
placements at Fairview DC due to an acute crisis or Porterville
DC, secure treatment program, based on a determination of
dangerousness to self or others;
i) Prohibits regional centers from purchasing out-of-state
services without prior DDS authorization, and limits
authorization to six months, with a possible six-month
extension based on a determination that the consumer's needs
cannot be met in California. Requires regional centers to
submit, by December 31, 2012, a transition plan for all
consumers residing out of state as of June 20, 2012, for whom
the regional center is purchasing services;
j) Prohibits regional centers from purchasing residential
services from a mental health rehabilitation center unless the
facility is eligible for federal Medicaid funding; or has an
approved plan in place to transition to a Medicaid-eligible
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program structure within specified timeframes; or, in the event
of an emergency when alternative, federally eligible services
cannot be located, for no longer than six months; and,
aa) Prohibits regional centers from purchasing residential
services from an institution for mental disease (IMD) for which
federal Medicaid funding is not available, except in
emergencies, subject to specified assessment and transition
planning requirements. Requires comprehensive assessments
prior to the consumer's next scheduled IPP meeting for any
consumer residing in an IMD as of July 1, 2012.
4)Authorizes the use of technology, including telecommunication
technology, when feasible and recommended by the IPP team to
facilitate better and cost-effective services for consumers and
family members and, as appropriate, for training for providers.
Permits the use of technology in lieu of a consumer's in-person
appearance at judicial proceedings or administrative hearings only
with informed consent of the consumer or, when appropriate, the
consumer's legally authorized representative. These provisions
are anticipated to result in saving of $2.0 million General Fund.
5)Expands the availability of adult residential facilities for
persons with special health care needs (ARFPSHNs) to consumers of
any regional center moving from a DC; and, with prior DDS
authorization, to consumers of any regional center not residing in
a DC who meet the requirements for admission to an ARFPSHN if
there is a vacancy, if no DC resident from any regional center
meets the requirements for admission, and if the placement is
necessary to protect the consumer's health or safety.
6)Deletes provisions of current law requiring independent
assessments of consumers receiving supported living services who
have supported living costs, or an initial recommendation for
service costs, that exceed 125% of the annual statewide average
cost of supported living services. Instead, requires that IPP
teams complete a standardized assessment questionnaire at the time
of development, review, or modification of a consumer's IPP to
assist in determining whether the supported living services
provided or recommended are necessary and sufficient and that the
most cost-effective methods of supported living services are
utilized. Requires the questionnaire to be developed with input
from regional centers and other stakeholders and posted on the DDS
Web site by June 30, 2012. These provisions are anticipated to
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result in net savings of $4.2 million General Fund.
7)Requires regional centers, commencing July 1, 2012, until June 30,
2013, to reduce certain payments for services and supports by
1.25%, and extends authorization of temporary modification of
personnel requirements, functions, or qualifications, or staff
training requirements, as well as prescribed annual review and
reporting requirements for affected providers, until June 30,
2012. Also suspends specified regional center staffing level and
staff expertise requirements until June 30, 2013. This extension
is anticipated to result in savings of $30.7 million General Fund.
8)Requires DDS and each regional center to annually report and post
on its Web site purchase-of-service authorization, utilization,
and expenditure data, by regional center, with respect to
ethnicity, age, primary language, and disability, and requires
each regional center to meet with stakeholders in a public meeting
regarding the data.
9)Establishes the intent of the Legislature that if a reduction of
$50 million to the developmental services system is triggered by a
specified provision of the Budget Act during the 2012-13 fiscal
year, the impacts of that reduction should be kept as far away as
possible from the direct services and needs of DDS consumers. To
that end, the bill identifies a variety of strategies that might
assist the department in carrying out that intent. Additionally,
this bill requires the department to consider input from
prescribed stakeholders as necessary to develop savings proposals
related to this trigger.
10)Contains an appropriation allowing this bill to take effect
immediately upon enactment.
Analysis Prepared by : Nicole Vazquez / BUDGET / 916 (319-2099)
FN: 0004084