BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 1093
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          Date of Hearing:   August 6, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                     SB 1093 (Liu) - As Amended:  June 10, 2014 

          Policy Committee:                             Human  
          ServicesVote:7 - 0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill addresses racial and ethnic disparities in the  
          regional center system.  Specifically, this bill:

          1)Requires regional centers to provide independent living skills  
            services, consistent with a consumer's individual program plan  
            (IPP), whether living independently or in the home of a  
            parent, family member or another person.  

          2)Requires regional centers to hold the annual stakeholder  
            meetings regarding data that includes residency type, race or  
            ethnicity, and primary language, separately from any meetings  
            of its board of directors and to schedule the meetings at  
            times and locations designed to result in a high turnout by  
            the public and underserved communities.

          3)Requires that contracts between the state and regional centers  
            meet identified needs including culturally and linguistically  
            appropriate services and supports.

          4)Requires each regional center to annually report to the  
            Department of Developmental Services (DDS) information  
            regarding its implementation of these provisions and requires  
            the reports to be posted on DDS's and each regional center's  
            Internet Web site.

           FISCAL EFFECT  

          1)Unknown, but likely minor costs (GF/federal funds) to provide  
            additional independent living skills services. The bill  
            specifically provides that independent living skills services  








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            be available to adult consumers who live in the home of a  
            parent, family member, or others, not just to those who live  
            independently. Under current law, such consumers are already  
            eligible for those services and some are already receiving  
            them. 

            Given that most consumers for whom these services would be  
            deemed appropriate are likely to be already receiving other  
            services, costs associated with any increase in demand for  
            independent living skills services is likely to be largely  
            offset by reductions in other services to those consumers.

          2)Unknown, but likely minor costs (GF/federal funds) to regional  
            centers to consider culturally and linguistically appropriate  
            services and supports identified as necessary when recruiting  
            service providers, to the extent that regional centers do not  
            already do this. Existing law already requires regional  
            centers to communicate and provide written materials in a  
            consumer or family's native language and to include cultural  
            and linguistic competency in governing board training  
            requirements.

          3)Minor costs in the low tens of thousands of dollars (GF) to  
            regional centers to collect and report additional data and  
            engage in additional stakeholder outreach.  Existing law  
            requires regional centers to do these things now.  This bill  
            adds to the data elements required to be collected and  
            requires one public meeting a year to be more accessible to  
            the public.

           COMMENTS  

           1)Purpose  . According to the author, years of data collection and  
            analysis show that there are disparities in services provided  
            to communities of color; individuals from ethnic and language  
            diverse populations tend to receive fewer services.  The  
            author contends that this is also true in the regional center  
            system, and although efforts have been made to document the  
            disparities occurring in the system, the reporting  
            requirements have not been enough to reduce disparities. This  
            bill seeks to address racial and ethnic disparities in the  
            regional center system and ensure equal access to services.

           2)Background   The Department of Developmental Services is  
            responsible for coordinating care and services for about  








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            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 a variety of  
            vendors to provide direct services to the developmentally  
            disabled.

            In April 2012, prompted by a series of articles in The Los  
            Angeles Times, the Senate Autism and Related Disorders Select  
            Committee held an informational hearing to examine the  
            question of whether consumers across the state received equal  
            access to regional center services for consumers with autism  
            spectrum disorders.  

            Following the hearing, a Taskforce on Equity and Diversity for  
            Regional Center Autism Services was established to study and  
            make recommendations to ensure that consumers of regional  
            center services receive appropriate services, regardless of  
            race, ethnicity, or other socio-economic factors. Based on the  
            deliberations of the taskforce, staff of the Select Committee  
            compiled recommendations and findings of the taskforce into a  
            draft report.

            Among them was the recommendation that DDS continue to explore  
            opportunities that ensure consistent methods of seeking and  
            obtaining information related to equity and diversity  
            performance.  The taskforce additionally recommended that DDS  
            establish measurements within the regional centers' existing  
            annual performance contracts to inform the state about whether  
            a regional center's provision of services is equitable.  This  
            bill addresses both of these recommendations.

           3)Arguments in support  . According to Disability Rights  
            California, co-sponsor of the bill, SB 1093 clarifies that  
            independent living skills (ILS) services are available to  
            regional center consumers whether an individual chooses to  
            live in the family home or chooses to move out.  Disability  
            Rights California is aware that many individuals with  
            disabilities from underserved and diverse ethnic and cultural  
            backgrounds often choose to live at home with their families  
            as part of their cultural norm.  They further assert that some  
            regional centers require individuals to plan to move out on  
            their own before providing ILS services.  This bill ensures  
            that an individual receives ILS services, if needed, without  
            being required to move out of their family home.








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           4)Arguments in opposition  .  The Association of Regional Center  
            Agencies agrees that improvements need to be made to make  
            needed services more accessible to certain populations, but  
            does not believe that the proposals contained in the bill will  
            lead to improved outcomes in this area.  They suggest a study  
            of existing data, additional research of alternative models of  
            autism treatment and increased funding for a variety of  
            services is a better approach. They also maintain a higher  
            cost estimate of the bill's provisions.

           5)Prior Legislation
           
             a)   SB 158 (Correa, 2013), would have established a pilot  
               project to identify underserved communities in regional  
               center catchment areas and improve Autism identification  
               and services in those communities.  This bill was vetoed by  
               Governor Brown.

             b)   SB 208 (Lara, Chapter 656, Statutes of 2013), requires  
               that a request for proposal prepared by DDS or a regional  
               center that relates to consumer services and supports  
               include a section on equity and diversity.

             c)   SB 319 (Price, 2013), required DDS to ensure regional  
               centers collect, analyze, and report data in a way that  
               allows for comparisons across regional centers, and require  
               regional centers to identify plans to reduce disparities.  
               This bill died in the Senate Appropriations Committee.

             d)   SB 321 (Price, 2013), would have required DDS to  
               establish performance contract guidelines and measures  
               relating to issues of cultural and linguistic competency.

             e)   SB 367 (Block, Chapter 682, Statutes of 2013), requires  
               regional centers to include issues related to cultural and  
               linguistic competency in governing board training  
               requirements, to post such training on their Internet Web  
               site and to annually review the regional center's provision  
               of services in a culturally and linguistically competent  
               way.


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








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