BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 577
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          Date of Hearing:   August 6, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    SB 577 (Pavley) - As Amended:  June 25, 2014 

          Policy Committee:                             Human  
          ServicesVote:7 - 0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill requires the Department of Developmental Services  
          (DDS) to conduct a four-year demonstration project to determine  
          whether community-based vocational development services increase  
          integrated competitive employment outcomes and reduce purchase  
          of service costs for working age adults. Specifically, this  
          bill: 

          1)Requires DDS to select up to five volunteer regional centers  
            that reflect the state's geographic diversity to participate  
            in the demonstration project, and requires DDS to review the  
            effectiveness of the project and make determinations regarding  
            employment outcomes, cost impacts, and whether the project may  
            be implemented on a statewide basis.

          2)Requires DDS to report to the Legislature on its  
            determinations regarding the project, and provides a sunset  
            date on the demonstration project of January 1, 2025.

          3)Requires implementation of the demonstration project only if  
            federal money is secured.

          4)Defines "community-based vocational development services," and  
            requires the development of a community-based vocational  
            development services plan, if such services are deemed  
            necessary to help a person with a developmental disability  
            achieve a supported employment outcome. 

          5)Provides that a consumer's hours of participation in  
            community-based vocational development services may be  
            provided in lieu of other community-based day services for up  








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            to two years and may be authorized beyond two years, but not  
            to exceed a total of four years, if the consumer's individual  
            program plan (IPP) planning team determines and documents the  
            consumer is making significant progress. 

          6)Establishes a new $40 per hour rate for the provision of  
            services identified in a consumer's community-based vocational  
            development services plan for a maximum of 75 hours per  
            calendar quarter. 

          7)Requires the Department of Developmental Services (DDS) to  
            secure federal Medicaid funding prior to the implementation of  
            community-based vocational development services. 
           
          FISCAL EFFECT  

          1)Minor and absorbable costs to DDS to administer and evaluate  
            the project.

          2)If community-based vocational development services are  
            implemented statewide at some future date, unknown, potential  
            short-term costs ranging from $0 to $9,400 (GF and federal  
            funds) per consumer to the extent that those who use  
            community-based vocational development services at the new  
            $40/hr rate will be using less of some other less costly  
            service. Exact costs will depend on how many consumers use the  
            new services and what services they were previously using.

          3)In the long term, if the intended outcomes of enhancing  
            employment opportunities and reducing purchase of service  
            costs  are achieved, there will be cost savings over time  
            because more consumers will move from the more expensive day  
            programs into the less expensive supported employment  
            programs.

          COMMENTS  

           1)Purpose  . According to the author, in California, the  
            employment rates for people with autism and other  
            developmental disabilities are appalling. According to the  
            2010-2011 Department of Developmental Services report on  
            employment and day services, between 2007 and 2011, as the  
            number of individuals in regional centers has risen, the  
            percentage of working age regional center clients that are  
            employed has steadily decreased to 12.5%. The 2011-12 National  








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            Core Indicators survey of 5,532 regional center clients  
            indicated that less than 5% of those surveyed had a job in an  
            integrated competitive employment setting. The author  
            maintains this bill will help increase opportunities for  
            individuals with autism and other developmental disabilities  
            to gain integrated, competitive, community employment and  
            career advancement by helping individuals develop general,  
            non-job-task-specific strengths and skills.

           2)Background  . The Department of Developmental Services is  
            responsible for coordinating services and supports for about  
            250,000 people with developmental disabilities. The vast  
            majority of these people are served by 21 regional centers,  
            which are non-profit entities that contract with the state.  
            The regional centers, in turn, contract with vendors to  
            provide direct services to the developmentally disabled,  
            including employment services programs and providers.  In  
            these programs consumers are placed in jobs according to their  
            individual skills, needs and choices, and they are provided  
            support services on an individual or group basis. 

            Work Activity Programs (WAPs) are employment services programs  
            in a sheltered work environment for consumers who have  
            acquired basic vocational and independent living skills. All  
            WAP work is paid at a daily per capita rate based on  
            productivity. Alternatively, Supported Employment Programs  
            (SEPs) are community-based rehabilitation programs that focus  
            on helping consumers obtain, retain or maintain employment in  
            integrated settings. SEPs often involve job coaches that  
            provide on-the-job services and training, and wages paid  
            directly to the consumer by the employer. 

            Currently there are approximately 130,000 regional center  
            consumers of working age. In 2010-11, approximately 4,600 were  
            in supported employment, 10,600 were in work activity  
            programs, while another 54,000 were in day programs.



            If it is determined that some form of supported employment  
            would best meet the employment needs of a consumer, a regional  
            center will refer the consumer to the Department of  
            Rehabilitation (DOR), which is responsible for increasing  
            employment opportunities in the community and providing  
            time-limited employment services to individuals with  








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            disabilities. If a regional center consumer needs long-term  
            support to continue in their place of employment, the  
            responsibility shifts back to DDS. 

           3)Related Legislation  . 

             a)   AB 1041 (Chesbro) Chapter 677, Statutes of 2013,  
               established the "Employment First Policy" for Californians  
               with developmental disabilities, which includes a  
               requirement that regional centers provide consumers 16  
               years of age or older information about the Employment  
               First Policy, options for integrated competitive  
               employment, and services and supports, including  
               postsecondary education, that are available to enable the  
               consumer to transition from school to work, and to achieve  
               the outcomes of obtaining and maintaining integrated  
               competitive employment. 

             b)   AB 1626 (Maienschein) 2014, increases the rates and fees  
               paid to supported employment services providers for  
               regional center consumers. This bill is pending on the  
               Senate Appropriations Committee's Suspense File.

             c)   SB 1160 (Beall) 2014, reduces the minimum job  
               coach-to-consumer ratio for supported employment services  
               and ensures that support for consumers who receive  
               individualized job coaching services only decreases over  
               time with the goal of achieving stabilization if such a  
               goal is appropriate and consistent with a consumer's IPP.   
               This bill is before this committee today.

           1)Chaptering Out and Technical Amendments Needed  .  Both this  
            bill and SB 1160 (Beall) amend Section 4851 of the Welfare and  
            Institutions Code.  The author may wish to consider amendments  
            to avoid chaptering out conflicts.  In addition, the author  
            may wish to clarify that the $40 per hour rate applies to the  
            demonstration project.  Staff suggests the following:

            On page 9, line 35, after "services" insert:

            for purposes of Section 4850.3,


           Analysis Prepared by  :    Jennifer Swenson / APPR. / (916)  
          319-2081 








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