BILL ANALYSIS �
SB 1093
Page 1
SENATE THIRD READING
SB 1093 (Liu)
As Amended June 10, 2014
Majority vote
SENATE VOTE :37-0
HUMAN SERVICES 7-0 APPROPRIATIONS 15-2
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|Ayes:|Stone, Maienschein, |Ayes:|Gatto, Bigelow, |
| |Ammiano, | |Bocanegra, Bradford, Ian |
| |Ian Calderon, Garcia, | |Calderon, Campos, Eggman, |
| |Grove, Lowenthal | |Gomez, Holden, Linder, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Donnelly, Jones |
| | | | |
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SUMMARY : Expands the scope of regional center consumer demographic
and purchase of service data that is required to be compiled and
published by the Department of Developmental Services (DDS) and
regional centers, and clarifies that independent living services can
be included in a consumer's individual program plan (IPP) regardless
of whether the consumer lives independently in his or her own home
or with another person. Specifically, this bill :
1)Adds consumer residence type, subcategorized by age, race or
ethnicity, and primary language, to the purchase of service data
that DDS and regional centers are required to compile and report
on their respective Internet Web sites annually, as specified.
2)Adds consumer residence type, subcategorized by age, race or
ethnicity, and primary language, to the annual required reporting
of data on individuals who have been determined eligible for
regional center services but do not receive services.
3)Adds to the requirement that DDS and regional centers post such
data on their Web sites annually, a requirement that DDS and
regional centers maintain all previous years' data on their
respective Internet Web sites.
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4)Increases the requirement for regional centers to meet with
stakeholders regarding the regional center consumer data from one
annual public meeting to one or more public meetings annually.
5)Requires the public meetings to be held separately from regional
center board meetings, requires that the report and associated
public discussion be provided in an understandable format, as
specified, and requires that meetings be scheduled at times and
locations that maximize turnout among the public and underserved
communities.
6)Requires each regional center to report to DDS annually regarding
its compliance with requirements to hold accessible public
meetings, as specified, including information about whether the
consumer characteristic data provided at the meeting indicates a
need to reduce disparities in the purchase of services among
consumers in the regional center's catchment area.
7)Requires the annual performance objectives within regional center
performance contracts with DDS to include the development of
culturally and linguistically appropriate services and supports.
8)Requires DDS to notify the client's rights advocacy contractor, as
specified, when a regional center is placed on probation as a
result of not complying with its performance contract.
9)Requires independent living skills (ILS) services to be available
to all adult consumers who live in the home of a parent, relative,
or other person, or who live independently.
EXISTING LAW :
1)Establishes the Lanterman Developmental Disabilities Services Act
(Lanterman Act), under which DDS is authorized to contract with
private non-profit regional centers to provide case management
services and arrange for, or purchase, services that meet the
needs of individuals with developmental disabilities, as defined.
(Welfare and Institutions Code (WIC) Section 4500 et seq.)
2)Grants all individuals with developmental disabilities, among all
other rights and responsibilities established for any individual
by the United States Constitution and laws and the California
Constitution and laws, the right to treatment and habilitation
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services and supports in the least restrictive environment. (WIC
Section 4502)
3)Requires public and private agencies serving regional center
consumers under the Lanterman Act to provide consumers relevant
information in an understandable form to aid them in making
decisions about their own day-to-day lives. (WIC Section 4502.1)
4)Requires the regional centers to secure appropriate services and
supports, as identified in an IPP. Requires regional centers to
conduct specified activities in order to achieve the stated
objectives in an individual's IPP, including securing services and
supports that meet the needs of the consumer, giving highest
preference to those services and supports that allow minors to
live with their families, adults to live as independently as
possible in the community and consumers to interact with persons
without disabilities in positive, meaningful ways. (WIC Section
4648)
5)Requires DDS and regional centers to annually collaborate to
compile, and post on their respective Internet Web sites, data
relating to purchase of service authorization, utilization and
expenditure by each regional center and by specified demographics
including: age, race and ethnicity, primary language spoken by
the consumer, detail on disabilities, and others. Requires such
data to be included for individuals who have been determined to be
eligible for regional center services but are not receiving
purchase of services funds. (WIC Section 4519.5(a) et seq.)
6)Requires regional centers, within three months of the initial
release of data, to conduct public meetings with stakeholders
about the data and to inform DDS and the public of the meetings 30
days prior to holding them. (WIC Section 4519.5(e))
7)Requires DDS to enter into five-year performance contracts with
regional centers, which identify measurable, annual performance
objectives, including assisting consumers to achieve life quality
outcomes, achieving meaningful progress and developing services
and supports necessary to meet identified needs. (WIC Section
4629(a)-(c))
8)Establishes a process for DDS to ensure contract compliance,
including incentives for regional centers that meet or exceed
performance standards, levels of probationary status for regional
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centers that do not, and other specified actions. (WIC Section
4629(d)(2))
9)Prohibits discrimination against individuals in protected classes,
including national origin and ethnic group identification, for
purposes of providing full and equal access to benefits or
programs that are operated or funded by the state. (Government
Code Section 11135 et seq.)
FISCAL EFFECT : According to the Assembly Appropriations Committee:
1)Unknown, but likely minor costs (General Fund (GF)/federal funds)
to provide additional independent living skills services. This
bill specifically provides that independent living skills services
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 : This bill seeks to enhance existing statute related to
the collection and dissemination of regional center consumer
demographic data to be able to better interpret systemic flaws that
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lead to disparities in the purchase and provision of services for
individuals with developmental disabilities. This bill also
clarifies that independent living services are available to adult
consumers regardless of whether a consumer lives alone in his or her
own home or with another person.
Background: The Lanterman Act (WIC Section 4500 et seq.) guides the
provision of services and supports for Californians with
developmental disabilities. Each individual under the Lanterman
Act, typically referred to as a "consumer," is legally entitled to
treatment and habilitation services and supports in the least
restrictive environment. Lanterman Act services are designed to
enable all consumers to live more independent and productive lives
in the community.
Direct responsibility for implementation of the Lanterman Act
service system is shared by DDS and 21 regional centers, which are
private nonprofit entities, established pursuant to the Lanterman
Act, that contract with DDS to carry out many of the state's
responsibilities under the Lanterman Act. The principal roles of
regional centers include intake and assessment, individualized
program plan development, case management, and securing services
through generic agencies or purchasing services provided by vendors.
Regional centers also share primary responsibility with local
education agencies for provision of early intervention services
under the California Early Intervention Services Act.
The 21 regional centers throughout the state serve 270,000 consumers
who receive services such as residential placements, supported
living services, respite care, transportation, day treatment
programs, work support programs, and various social and therapeutic
activities. Approximately 1,300 consumers reside at one of
California's four Developmental Centers - and one state-operated,
specialized community facility - which provide 24-hour habilitation
and medical and social treatment services.
December 2013 consumer characteristic data from DDS shows that 37%
of the individuals served by the regional centers are identified as
White, whereas 35% are identified as Hispanic, 6.4% identify as
Asian, 2.4% identify as Filipino, and nearly 10% identify as Black
or African American.
Independent living services (ILS): Among the services available to
regional center consumers are independent living skills services,
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which provide functional skills training that help adult consumers
acquire or maintain skills that grant them greater independence and
help them live independently in their own home or with a parent,
relative or other individual. Under current law, this service is
meant to be available to all adult regional center consumers,
regardless of where a consumer lives, as long as the service is
identified in the consumer's IPP.
Need for the bill: According to the author, this bill enhances
current DDS and regional center disparity data collection efforts by
including residence type, subcategorized by age, race or ethnicity,
and primary language, to the information that is required to be
compiled and provided to the public. Additionally, the author
maintains that the current process for discussing these data and
receiving input during public meetings does not facilitate equal
participation among different demographic groups, as meetings are
often held in conjunction with regional center board meetings, and
inadequate notice of the meetings results in low turnout and limited
access. By increasing the potential number of public meetings,
requiring meetings to be held separately from regional center board
meetings, and mandating outreach be done to maximize turnout, this
bill seeks to ensure the processes built around discussing consumer
demographic data and receiving input from the public are inclusive
and accessible.
Lastly, this bill provides explicit clarification in statute that
independent living services can be identified in a consumer's IPP
and provided to the consumer regardless of whether the consumer
lives independently in his or her own home or with a parent,
relative, or other individual. Ensuring this service is available
to all adult consumers who need it could be especially important to
those who, for example, desire to transition from a shared living
arrangement to their own homes and those who may outlive their
parents or relatives and need to be able to accomplish basic daily
tasks for themselves in order to remain as independent as possible.
Analysis Prepared by : Myesha Jackson / HUM. S. / (916) 319-2089
FN: 0004436
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