BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1093|
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UNFINISHED BUSINESS
Bill No: SB 1093
Author: Liu (D)
Amended: 6/10/14
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 4-0, 4/22/14
AYES: Liu, Berryhill, DeSaulnier, Hancock
NO VOTE RECORDED: Wyland
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/14
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SENATE FLOOR : 37-0, 5/29/14
AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett,
Correa, De Le�n, DeSaulnier, Evans, Fuller, Gaines, Galgiani,
Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara,
Leno, Lieu, Liu, Mitchell, Monning, Morrell, Nielsen, Padilla,
Pavley, Roth, Steinberg, Torres, Vidak, Walters, Wolk, Wyland
NO VOTE RECORDED: Calderon, Wright, Yee
ASSEMBLY FLOOR : 67-9, 8/14/14 - See last page for vote
SUBJECT : Developmental services: regional centers:
culturally and
linguistically competent services
SOURCE : Disability Rights
Special Needs Network
DIGEST : This bill requires regional centers to provide
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independent living skills services to an adult consumer, as
specified. This bill 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, as
specified. This bill also requires each regional center to
annually report to the Department of Social Services (DSS)
specified information regarding its implementation of these
provisions and requires the reports to be posted on DSS's and
each regional center's Internet Web site by August 31 of each
year.
Assembly Amendments require regional centers to provide
independent living skills services to an adult consumer,
consistent with a consumer's individual program plan, that
provide the consumer with functional skills training that
enables him or her to acquire or maintain skills to live
independently in his or her own home, or to achieve greater
independence while living in the home of a parent, family
member, or other person.
ANALYSIS :
Existing law:
1. Establishes DDS to administer the Lanterman Developmental
Disabilities Act, which entitles individuals with
developmental disabilities to community services and
supports.
2. Requires DDS to contract with private non-profit regional
centers to provide fixed points of contact in the community
for persons with developmental disabilities and their
families, so that these persons may have access to the
services and supports best suited to them throughout their
lifetime.
3. Requires DDS and regional centers to annually collaborate to
compile data in a uniform manner 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,
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detail on disabilities, and others. The requirement includes
identifying data for individuals who have been determined to
be eligible for regional center services who are not
receiving purchase of services funds. DDS is required to
post this data on its Internet Web site annually, as
specified.
4. Requires regional centers, within three months of the release
of data, to conduct public meetings with stakeholders about
the data and to inform DDS and public of the meetings 30 days
prior to holding them.
5. Requires that, within the scope of a five-year contractual
agreement, DDS to provide oversight of the regional centers
by requiring specified activities and establishing annual
performance objectives.
6. Establishes steps for DDS to ensure contract compliance,
including incentives for regional centers that meet or exceed
performance standards, levels of probationary status for
regional centers that do not, and other specified actions.
This bill:
1. Adds to required purchase of service authorization and
utilization data collected annually by DDS and regional
centers the collection of data by residence type,
subcategorized by age, race or ethnicity, and primary
language.
2. Adds to required annual reporting of data on individuals who
have been determined eligible for regional center services
but do not receive services, specifically requiring the
reporting of data on these individuals by residence type, as
defined.
3. Adds to the requirement that DDS and regional centers post
such data on their Internet Web site annually, a requirement
that DDS and the regional centers maintain all previous
years' data on its Internet Web site.
4. Increases the requirement for regional centers to meet with
stakeholders once in a public meeting within three months of
the data's annual release to requiring "one or more public
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meetings."
5. Requires that the regional centers' public meetings to
discuss the data be held separately from any other board
meetings, as defined.
6. Requires the regional center to provide participants of these
meetings with the data and any associated information, and to
conduct a discussion of the data and the associated
information in a manner that is culturally and linguistically
appropriate for that community, including providing
alternative communication services, as defined.
7. Requires that each regional center, in holding the required
meetings, consider the language needs of the community and
requires that regional centers schedule the meetings at times
and locations designed to result in a high turnout by the
public and underserved communities.
8. Adds to required contents of regional center annual
performance contracts the development of culturally and
linguistically appropriate services and supports.
9. Requires each regional center to annually report to DSS
regarding its implementation of the requirements of the above
provisions and requires the report to include, but not be
limited to, all of the following:
A. Actions the regional center took to improve public
attendance and participation at stakeholder meetings,
including, but not limited to, attendance and
participation by underserved communities.
B. Copies of minutes from the meeting and attendee
comments.
C. Whether the data indicates a need to reduce
disparities in the purchase of services among consumers
in the regional center's catchment area. If the data
does indicate that need, the regional center's
recommendations and plan to promote equity, and reduce
disparities, in the purchase of services.
10.Requires each regional center and DSS to annually post the
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above report on its Internet Web site by August 31.
11.When a regional center is placed on probation, requires the
clients' rights advocacy contractor, as defined, to be
provided with copies of the correction plan, timeline and
other documents, in addition to providing these documents to
the local area boards.
12.Requires regional centers to provide independent living
skills services to an adult consumer, consistent with his/her
individual program plan, that provide the consumer with
functional skills training that enable him/her to acquire or
maintain skills to live independently in his/her own home, or
to achieve greater independence while living in the home of a
parent, family member, or other person.
Background
Regional Centers . California's 21 nonprofit regional centers
are part of a system of care for individuals with developmental
disabilities that is overseen by DDS. DDS is responsible for
coordinating care and providing services for more than 265,000
people who receive services and supports to live in their
communities, as well as approximately 1,300 people who reside in
developmental centers. A developmental disability is defined in
statute as a substantial disability that originates before the
age of 18 and continues, or can be expected to continue,
indefinitely, such as intellectual disabilities, cerebral palsy,
epilepsy, and autism.
Senate hearing . 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. The articles, entitled "Warrior
Parents Fare Best in Securing Autism Services," reported that
people of color, low income, and socio-economically
disadvantaged communities received fewer services compared to
their white counterparts, and found that DDS spent an average of
$11,723 per child on whites; $11,063 on Asians; $7,634 on
Latinos, and $6,593 on blacks. The articles also noted that
while the average amount spent for services on autistic children
was $9,751 per case statewide, it ranged from an average of
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$1,991 per child at the regional center in South Los Angeles to
$18,356 in Orange County.
An outcome of the Senate Autism and Related Disorders Select
Committee's hearing was a 20-member taskforce, appointed by
Senate President pro Tempore Darrell Steinberg, which was
charged with recommending ways to ensure that consumers receive
appropriate and timely supports regardless of race, ethnicity,
educational background and other socio-economic factors. A
119-page report published on March 18, 2013, identified 19
recommended changes. 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.
Prior Legislation
SB 158 (Correa, 2013), would have established a pilot project
coordinated by a major university to identify underserved
communities in regional center catchment areas and improve
Autism identification and services in those communities. This
bill vetoed by Governor Brown.
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.
SB 319 (Price, 2013), would have required DDS to ensure that the
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.
SB 321 (Price, 2013), would have required DDS to establish
performance contract guidelines and measures relating to issues
of cultural and linguistic competency.
SB 367 (Block, Chapter 682, Statutes of 2013), requires regional
centers to include issues related to cultural and linguistic
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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.
SB 555 (Correa, Chapter 685, Statutes of 2013), requires a
regional center to communicate and provide written materials in
a consumer or family's native language as specified, requires
the native language to be documented.
AB 1232 (V. Manuel Perez, Chapter 679, Statutes of 2013),
requires the existing DDS quality-assurance instrument to assess
the provision of services in a linguistically and culturally
competent manner and include an outcome-based measure on issues
of equity and diversity.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Unknown, but likely minor costs to provide additional
independent living skills services (General Fund and federal
funds). This bill specifically provides that independent
living skills services shall be available to adult consumers
who live in the home of a parent, family member, or others.
Under existing law, such consumers are already eligible for
those services. Putting an explicit authorization in statute
might increase awareness of, and demand for, such services.
However, because those services are already allowed, such an
increase in demand may not be large and may be offset by
reductions in other services to those consumers.
Minor administrative costs to the regional centers to
collect and report additional data and engage in additional
stakeholder outreach (General Fund).
SUPPORT : (Verified 5/27/14)
Disability Rights California (co-source)
Special Needs Network (co-source)
ACLU
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California State Counsel on Developmental Disabilities
California Supported Living Network
On My Own Independent Living Services
Public Counsel
OPPOSITION : (Verified 8/15/14)
Association of Regional Center Agencies
ARGUMENTS IN SUPPORT : There is a significant purchase of
service gap across racial and ethnic groups, according to the
author's office, who also argues that some culturally based
choices, such as multi-generational living arrangement, may
result in consumers receiving fewer services. The author's
office states that while recently passed legislation requires
reporting of data, it does not do enough to illuminate the cause
of the racial disparities that exist in the system. This bill
clarifies that all adult consumers are entitled to independent
living skills services even if they choose to live at home, and
requires DDS to include data on residence type in the reporting
of services utilized.
ARGUMENTS IN OPPOSITION : In opposition to this bill, the
Association of Regional Center Agencies (ARCA) states, "As
California's regional center system is based on a process of
individualized needs determination, some variances in funding
levels for each person are to be expected. Purchase of service
data collected over the last couple of years has shown this to
be the case. [This bill] would add additional data elements to
the required reporting but would not answer questions about why
certain levels of variance exist or what can be done to better
ensure that the needs of each individual are met. It is also
unclear that holding discussions at community meetings regarding
raw data is an effective strategy to resolving any underlying
issues. It is for these two reasons that ARCA opposes [this
bill]."
ASSEMBLY FLOOR : 67-9, 08/14/14
AYES: Achadjian, Alejo, Ammiano, Bigelow, Bloom, Bocanegra,
Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon,
Campos, Chau, Chesbro, Conway, Cooley, Dababneh, Daly,
Dickinson, Eggman, Fong, Fox, Frazier, Garcia, Gatto, Gomez,
Gonzalez, Gordon, Gorell, Gray, Grove, Hall, Roger Hern�ndez,
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Holden, Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein,
Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Perea, John A. P�rez, V. Manuel P�rez, Quirk,
Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner,
Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Williams,
Yamada, Atkins
NOES: Allen, Ch�vez, Donnelly, Beth Gaines, Hagman, Harkey,
Jones, Logue, Wilk
NO VOTE RECORDED: Dahle, Mansoor, Patterson, Vacancy
JL:d 8/15/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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