AB 1380: Developmental services: regional center services.

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to enter into contracts with private nonprofit corporations to operate regional centers for the provision of community services and supports for persons with developmental disabilities and their families. Existing law sets forth the duties of the regional centers, including, but not limited to, development of individual program plans, the purchase of needed services to implement the plan, and monitoring of the delivery of those services.

This bill would require all regional center contracts to include provisions requiring the regional center to develop a process by which all vendor contracts are reviewed at least once every 2 years and to require that the regional center take appropriate action to ensure that vendors comply with the contracts, up to and including terminating the vendorization if necessary.

The bill would also require each regional center to submit the findings of the vendor contract reviews to the department. The bill would require the department to submit a report to the Legislature describing in detail the outcomes of the reviews, including what steps are being taken by each regional center to ensure that vendors comply with contract requirements and how many, if any, contracts are terminated as a result of the reviews.

Existing law authorizes the provision of in-home respite care for regional center consumers and specifies training requirements for those providers.

This bill would require an employer to submit the fingerprints of a prospective in-home respite worker to the Department of Justice for a criminal background check prior to employment. The bill would prohibit employment of an in-home respite worker that has been convicted for, or incarcerated following conviction for, specified crimes, including fraud against a government health program or a serious or violent felony, as specified, and would authorize a consumer or an applicant to petition the State Department of Developmental Services for a waiver of, or to seek an exception from, as applicable, these provisions.

The bill would also require the State Department of Developmental Services to conduct an in-depth review of in-home respite provider rates by November 1, 2018, and to report the results of that review, on or before January 1, 2020, to the Legislature, as provided.

Existing law requires an entity that receives payments from one or more regional centers to contract with an independent accounting firm to obtain an independent audit or independent review report of its financial statements relating to payments made by regional centers.

This bill would specifically require the State Department of Developmental Services to collect in-home respite care vendors financial statements.