SB 1274: Developmental services: data exchange.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-09-17
(1)Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing law generally requires a recipient of CalWORKs benefits to participate in welfare-to-work activities as a condition of eligibility for aid. Existing federal law also provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, the State Department of Social Services is charged with state administration of both of these programs.
Existing law generally prohibits county welfare departments and the State Department of Social Services from disclosing records and information concerning the administration of public social services for which grants-in-aid are received from the United States government, such as CalWORKs and CalFresh, and requires that those records and information be kept confidential, except as prescribed.
Existing law establishes the Employment First Policy, which is the policy that opportunities for integrated, competitive employment be given the highest priority for working-age individuals with developmental disabilities, regardless of the severity of their disabilities. Existing law requires various state agencies to disclose specified information to the State Department of Developmental Services to assist the department in the implementation of this policy.
This bill would, notwithstanding the general prohibition above, require the State Department of Social Services to provide the eligibility and enrollment data for the CalWORKs and CalFresh programs to the State Department of Developmental Services for the purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy, as specified, to the extent permitted under federal law and regulations.
(2)Existing law provides that all information and records obtained by the State Department of Developmental Services in the course of providing intake, assessment, and services to persons with developmental disabilities are confidential and may only be disclosed under specified circumstances.
This bill would authorize disclosure of this information as necessary to authorized employees of the State Department of Social Services to enable the State Department of Developmental Services to obtain the CalWORKs and CalFresh eligibility and enrollment data described above.
(3)This bill would incorporate additional changes to Section 4514 of the Welfare and Institutions Code proposed by SB 1190 to be operative only if this bill and SB 1190 are enacted and this bill is enacted last.
(1)Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing law generally requires a recipient of CalWORKs benefits to participate in welfare-to-work activities as a condition of eligibility for aid. Existing federal law also provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, the State Department of Social Services is charged with state administration of both of these programs.
Existing law generally prohibits county welfare departments and the State Department of Social Services from disclosing records and information concerning the administration of public social services for which grants-in-aid are received from the United States government, such as CalWORKs and CalFresh, and requires that those records and information be kept confidential, except as prescribed.
Existing law establishes the Employment First Policy, which is the policy that opportunities for integrated, competitive employment be given the highest priority for working-age individuals with developmental disabilities, regardless of the severity of their disabilities. Existing law requires various state agencies to disclose specified information to the State Department of Developmental Services to assist the department in the implementation of this policy.
This bill would, notwithstanding the general prohibition above, require the State Department of Social Services to provide the eligibility and enrollment data for the CalWORKs and CalFresh programs to the State Department of Developmental Services for the purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy, as specified, to the extent permitted under federal law and regulations.
(2)Existing law provides that all information and records obtained by the State Department of Developmental Services in the course of providing intake, assessment, and services to persons with developmental disabilities are confidential and may only be disclosed under specified circumstances.
This bill would authorize disclosure of this information as necessary to authorized employees of the State Department of Social Services to enable the State Department of Developmental Services to obtain the CalWORKs and CalFresh eligibility and enrollment data described above.
(3)This bill would incorporate additional changes to Section 4514 of the Welfare and Institutions Code proposed by SB 1190 to be operative only if this bill and SB 1190 are enacted and this bill is enacted last.
(1)Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing law generally requires a recipient of CalWORKs benefits to participate in welfare-to-work activities as a condition of eligibility for aid. Existing federal law also provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, the State Department of Social Services is charged with state administration of both of these programs.
Existing law generally prohibits county welfare departments and the State Department of Social Services from disclosing records and information concerning the administration of public social services for which grants-in-aid are received from the United States government, such as CalWORKs and CalFresh, and requires that those records and information be kept confidential, except as prescribed.
Existing law establishes the Employment First Policy, which is the policy that opportunities for integrated, competitive employment be given the highest priority for working-age individuals with developmental disabilities, regardless of the severity of their disabilities. Existing law requires various state agencies to disclose specified information to the State Department of Developmental Services to assist the department in the implementation of this policy.
This bill would, notwithstanding the general prohibition above, require the State Department of Social Services to provide the eligibility and enrollment data for the CalWORKs and CalFresh programs to the State Department of Developmental Services for the purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy, as specified, to the extent permitted under federal law and regulations.
(2)Existing law provides that all information and records obtained by the State Department of Developmental Services in the course of providing intake, assessment, and services to persons with developmental disabilities are confidential and may only be disclosed under specified circumstances.
This bill would authorize disclosure of this information as necessary to authorized employees of the State Department of Social Services to enable the State Department of Developmental Services to obtain the CalWORKs and CalFresh eligibility and enrollment data described above.
(3)This bill would incorporate additional changes to Section 4514 of the Welfare and Institutions Code proposed by SB 1190 to be operative only if this bill and SB 1190 are enacted and this bill is enacted last.
(1)Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing law generally requires a recipient of CalWORKs benefits to participate in welfare-to-work activities as a condition of eligibility for aid. Existing federal law also provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, the State Department of Social Services is charged with state administration of both of these programs.
Existing law generally prohibits county welfare departments and the State Department of Social Services from disclosing records and information concerning the administration of public social services for which grants-in-aid are received from the United States government, such as CalWORKs and CalFresh, and requires that those records and information be kept confidential, except as prescribed.
Existing law establishes the Employment First Policy, which is the policy that opportunities for integrated, competitive employment be given the highest priority for working-age individuals with developmental disabilities, regardless of the severity of their disabilities. Existing law requires various state agencies to disclose specified information to the State Department of Developmental Services to assist the department in the implementation of this policy.
This bill would, notwithstanding the general prohibition above, require the State Department of Social Services to provide the eligibility and enrollment data for the CalWORKs, CalFresh, and Supplemental Security Income/State Supplementary Payment programs CalWORKs and CalFresh programs to the State Department of Developmental Services for the purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy, as specified, to the extent permitted under federal law and regulations.
(2)Existing law provides that all information and records obtained by the State Department of Developmental Services in the course of providing intake, assessment, and services to persons with developmental disabilities are confidential and may only be disclosed under specified circumstances.
This bill would authorize disclosure of this information as necessary to authorized employees of the State Department of Social Services to enable the State Department of Developmental Services to obtain CalWORKs, CalFresh, and Supplemental Security Income/State Supplementary Payment the CalWORKs and CalFresh eligibility and enrollment data described above.
(1)Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing law generally requires a recipient of CalWORKs benefits to participate in welfare-to-work activities as a condition of eligibility for aid. Existing federal law also provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, the State Department of Social Services is charged with state administration of both of these programs.
Existing law generally prohibits county welfare departments and the State Department of Social Services from disclosing records and information concerning the administration of public social services for which grants-in-aid are received from the United States government, such as CalWORKs and CalFresh, and requires that those records and information be kept confidential, except as prescribed.
Existing law establishes the Employment First Policy, which is the policy that opportunities for integrated, competitive employment be given the highest priority for working-age individuals with developmental disabilities, regardless of the severity of their disabilities. Existing law requires various state agencies to disclose specified information to the State Department of Developmental Services to assist the department in the implementation of this policy.
This bill would, notwithstanding the general prohibition above, require the State Department of Social Services to provide the eligibility and enrollment data for the CalWORKs, CalFresh, and Supplemental Security Income/State Supplementary Payment programs to the State Department of Developmental Services for the purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy, as specified, to the extent permitted under federal law and regulations.
(2)Existing law provides that all information and records obtained by the State Department of Developmental Services in the course of providing intake, assessment, and services to persons with developmental disabilities are confidential and may only be disclosed under specified circumstances.
This bill would authorize disclosure of this information as necessary to authorized employees of the State Department of Social Services to enable the State Department of Developmental Services to obtain CalWORKs, CalFresh, and Supplemental Security Income/State Supplementary Payment eligibility and enrollment data described above.
(1)Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing law generally requires a recipient of CalWORKs benefits to participate in welfare-to-work activities as a condition of eligibility for aid. Existing federal law also provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, the State Department of Social Services is charged with state administration of both of these programs.
Existing law generally prohibits county welfare departments and the State Department of Social Services from disclosing records and information concerning the administration of public social services for which grants-in-aid are received from the United States government, such as CalWORKs and CalFresh, and requires that those records and information be kept confidential, except as prescribed.
Existing law establishes the Employment First Policy, which is the policy that opportunities for integrated, competitive employment be given the highest priority for working-age individuals with developmental disabilities, regardless of the severity of their disabilities. Existing law requires various state agencies to disclose specified information to the State Department of Developmental Services to assist the department in the implementation of this policy.
This bill would, notwithstanding the general prohibition above, require the State Department of Social Services to disclose provide the eligibility and enrollment data for the CalWORKs and CalFresh CalWORKs, CalFresh, and Supplemental Security Income/State Supplementary Payment programs to the State Department of Developmental Services to assist that department in the implementation for the purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy, as specified, to the extent permitted under federal law and regulations.
(2)Existing law provides that all information and records obtained by the State Department of Developmental Services in the course of providing intake, assessment, and services to persons with developmental disabilities are confidential and may only be disclosed under specified circumstances.
This bill would authorize disclosure of this information as necessary to authorized employees of the State Department of Social Services to enable the State Department of Developmental Services to obtain the CalWORKs and CalFresh CalWORKs, CalFresh, and Supplemental Security Income/State Supplementary Payment eligibility and enrollment data described above.
(1)Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing law generally requires a recipient of CalWORKs benefits to participate in welfare-to-work activities as a condition of eligibility for aid. Existing federal law also provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, the State Department of Social Services is charged with state administration of both of these programs.
Existing law generally prohibits county welfare departments and the State Department of Social Services from disclosing records and information concerning the administration of public social services for which grants-in-aid are received from the United States government, such as CalWORKs and CalFresh, and requires that those records and information be kept confidential, except as prescribed.
Existing law establishes the Employment First Policy, which is the policy that opportunities for integrated, competitive employment be given the highest priority for working-age individuals with developmental disabilities, regardless of the severity of their disabilities. Existing law requires various state agencies to disclose specified information to the State Department of Developmental Services to assist the department in the implementation of this policy.
This bill would, notwithstanding the general prohibition above, require the State Department of Social Services to disclose eligibility and enrollment data for the CalWORKs and CalFresh programs to the State Department of Developmental Services to assist that department in the implementation of the Employment First Policy, as specified, to the extent permitted under federal law and regulations.
(2)Existing law provides that all information and records obtained by the State Department of Developmental Services in the course of providing intake, assessment, and services to persons with developmental disabilities are confidential and may only be disclosed under specified circumstances.
This bill would authorize disclosure of this information as necessary to authorized employees of the State Department of Social Services to enable the State Department of Developmental Services to obtain the CalWORKs and CalFresh eligibility and enrollment data described above.
All information and records obtained in the course of providing intake, assessment, and services under Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100) to persons with developmental disabilities shall be confidential. Information and records obtained in the course of providing similar services to either voluntary or involuntary recipients prior to 1969 shall also be confidential. Information and records shall be disclosed only in any of the following cases:
(a)In communications between qualified professional persons, whether employed by a regional center or state developmental center, or not, in the provision of intake, assessment, and services or appropriate referrals. The consent of the person with a developmental disability, or his or her guardian or conservator, shall be obtained before information or records may be disclosed by regional center or state developmental center personnel to a professional not employed by the regional center or state developmental center, or a program not vendored by a regional center or state developmental center.
(b)When the person with a developmental disability, who has the capacity to give informed consent, designates individuals to whom information or records may be released. This chapter does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(c)To the extent necessary for a claim, or for a claim or application to be made on behalf of a person with a developmental disability for aid, insurance, government benefit, or medical assistance to which he or she may be entitled.
(d)If the person with a developmental disability is a minor, dependent ward, or conservatee, and his or her parent, guardian, conservator, limited conservator with access to confidential records, or authorized representative, designates, in writing, persons to whom records or information may be disclosed. This chapter does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(e)For research, if the Director of Developmental Services designates, by regulation, rules for the conduct of research and requires the research to be first reviewed by the appropriate institutional review board or boards. These rules shall include, but need not be limited to, the requirement that all researchers shall sign an oath of confidentiality as follows:
Date |
As a condition of doing research concerning persons with developmental disabilities who have received services from ____ (fill in the facility, agency, or person), I, ____, agree to obtain the prior informed consent of persons who have received services to the maximum degree possible as determined by the appropriate institutional review board or boards for protection of human subjects reviewing my research, or the persons parent, guardian, or conservator, and I further agree not to divulge any information obtained in the course of the research to unauthorized persons, and not to publish or otherwise make public any information regarding persons who have received services so those persons who received services are identifiable.
I recognize that the unauthorized release of confidential information may make me subject to a civil action under provisions of the Welfare and Institutions Code.
Signed |
(f)To the courts, as necessary to the administration of justice.
(g)To governmental law enforcement agencies as needed for the protection of federal and state elective constitutional officers and their families.
(h)To the Senate Committee on Rules or the Assembly Committee on Rules for the purposes of legislative investigation authorized by the committee.
(i)To the courts and designated parties as part of a regional center report or assessment in compliance with a statutory or regulatory requirement, including, but not limited to, Section 1827.5 of the Probate Code, Sections 1001.22 and 1370.1 of the Penal Code, and Section 6502 of this code.
(j)To the attorney for the person with a developmental disability in any and all proceedings upon presentation of a release of information signed by the person, except that when the person lacks the capacity to give informed consent, the regional center or state developmental center director or designee, upon satisfying himself or herself of the identity of the attorney, and of the fact that the attorney represents the person, shall release all information and records relating to the person. This article does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(k)Upon written consent by a person with a developmental disability previously or presently receiving services from a regional center or state developmental center, the director of the regional center or state developmental center, or his or her designee, may release any information, except information that has been given in confidence by members of the family of the person with a developmental disability, requested by a probation officer charged with the evaluation of the person after his or her conviction of a crime if the regional center or state developmental center director or designee determines that the information is relevant to the evaluation. The consent shall only be operative until sentence is passed on the crime for which the person was convicted. The confidential information released pursuant to this subdivision shall be transmitted to the court separately from the probation report and shall not be placed in the probation report. The confidential information shall remain confidential except for purposes of sentencing. After sentencing, the confidential information shall be sealed.
(l)Between persons who are trained and qualified to serve on multidisciplinary personnel teams, as defined in subdivision (d) of Section 18951. The information and records sought to be disclosed shall be relevant to the prevention, identification, management, or treatment of an abused child and his or her parents pursuant to Chapter 11 (commencing with Section 18950) of Part 6 of Division 9.
(m)When a person with a developmental disability dies from any cause, natural or otherwise, while hospitalized in a state developmental center, the State Department of Developmental Services, the physician and surgeon in charge of the client, or the professional in charge of the facility or his or her designee, shall release the patients medical record to a medical examiner, forensic pathologist, or coroner, upon request. Except for the purposes included in paragraph (8) of subdivision (b) of Section 56.10 of the Civil Code, a medical examiner, forensic pathologist, or coroner shall not disclose any information contained in the medical record obtained pursuant to this subdivision without a court order or authorization pursuant to paragraph (4) of subdivision (c) of Section 56.11 of the Civil Code.
(n)To authorized licensing personnel who are employed by, or who are authorized representatives of, the State Department of Public Health, and who are licensed or registered health professionals, and to authorized legal staff or special investigators who are peace officers who are employed by, or who are authorized representatives of, the State Department of Social Services, as necessary to the performance of their duties to inspect, license, and investigate health facilities and community care facilities, and to ensure that the standards of care and services provided in these facilities are adequate and appropriate and to ascertain compliance with the rules and regulations to which the facility is subject. The confidential information shall remain confidential except for purposes of inspection, licensing, or investigation pursuant to Chapter 2 (commencing with Section 1250) and Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, or a criminal, civil, or administrative proceeding in relation thereto. The confidential information may be used by the State Department of Public Health or the State Department of Social Services in a criminal, civil, or administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. Names that are confidential shall be listed in attachments separate to the general pleadings. The confidential information shall be sealed after the conclusion of the criminal, civil, or administrative hearings, and shall not subsequently be released except in accordance with this subdivision. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the State Department of Public Health or the State Department of Social Services decides that no further action will be taken in the matter of suspected licensing violations. Except as otherwise provided in this subdivision, confidential information in the possession of the State Department of Public Health or the State Department of Social Services shall not contain the name of the person with a developmental disability.
(o)To a board that licenses and certifies professionals in the fields of mental health and developmental disabilities pursuant to state law, when the Director of Developmental Services has reasonable cause to believe that there has occurred a violation of a law subject to the jurisdiction of a board and the records are relevant to the violation. The information shall be sealed after a decision is reached in the matter of the suspected violation, and shall not subsequently be released except in accordance with this subdivision. Confidential information in the possession of the board shall not contain the name of the person with a developmental disability.
(p)(1)To governmental law enforcement agencies by the director of a regional center or state developmental center, or his or her designee, when (A) the person with a developmental disability has been reported lost or missing or (B) there is probable cause to believe that a person with a developmental disability has committed, or has been the victim of, murder, manslaughter, mayhem, aggravated mayhem, kidnapping, robbery, carjacking, assault with the intent to commit a felony, arson, extortion, rape, forcible sodomy, forcible oral copulation, assault or battery, or unlawful possession of a weapon, as provided in any provision listed in Section 16590 of the Penal Code.
(2)This subdivision shall be limited solely to information directly relating to the factual circumstances of the commission of the enumerated offenses and shall not include information relating to the mental state of the patient or the circumstances of his or her treatment unless relevant to the crime involved.
(3)This subdivision is not an exception to, and does not in any other way affect, the provisions of Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, or Chapter 11 (commencing with Section 15600) and Chapter 13 (commencing with Section 15750) of Part 3 of Division 9.
(q)To the Division of Juvenile Facilities and Department of Corrections and Rehabilitation or any component thereof, as necessary to the administration of justice.
(r)To an agency mandated to investigate a report of abuse filed pursuant to either Section 11164 of the Penal Code or Section 15630 of this code for the purposes of either a mandated or voluntary report or when those agencies request information in the course of conducting their investigation.
(s)When a person with a developmental disability, or the parent, guardian, or conservator of a person with a developmental disability who lacks capacity to consent, fails to grant or deny a request by a regional center or state developmental center to release information or records relating to the person with a developmental disability within a reasonable period of time, the director of the regional or developmental center, or his or her designee, may release information or records on behalf of that person if both of the following conditions are met:
(1)Release of the information or records is deemed necessary to protect the persons health, safety, or welfare.
(2)The person, or the persons parent, guardian, or conservator, has been advised annually in writing of the policy of the regional center or state developmental center for release of confidential client information or records when the person with developmental disabilities, or the persons parent, guardian, or conservator, fails to respond to a request for release of the information or records within a reasonable period of time. A statement of policy contained in the clients individual program plan shall be deemed to comply with the notice requirement of this paragraph.
(t)(1)When an employee is served with a notice of adverse action, as defined in Section 19570 of the Government Code, the following information and records may be released:
(A)All information and records that the appointing authority relied upon in issuing the notice of adverse action.
(B)All other information and records that are relevant to the adverse action, or that would constitute relevant evidence as defined in Section 210 of the Evidence Code.
(C)The information described in subparagraphs (A) and (B) may be released only if both of the following conditions are met:
(i)The appointing authority has provided written notice to the consumer and the consumers legal representative or, if the consumer has no legal representative or if the legal representative is a state agency, to the clients rights advocate, and the consumer, the consumers legal representative, or the clients rights advocate has not objected in writing to the appointing authority within five business days of receipt of the notice, or the appointing authority, upon review of the objection has determined that the circumstances on which the adverse action is based are egregious or threaten the health, safety, or life of the consumer or other consumers and without the information the adverse action could not be taken.
(ii)The appointing authority, the person against whom the adverse action has been taken, and the persons representative, if any, have entered into a stipulation that does all of the following:
(I)Prohibits the parties from disclosing or using the information or records for any purpose other than the proceedings for which the information or records were requested or provided.
(II)Requires the employee and the employees legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents or copies thereof that are no longer in the possession of the employee or the employees legal representative because they were from a source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents submitted to the administrative tribunal as a component of an appeal from the adverse action.
(III)Requires the parties to submit the stipulation to the administrative tribunal with jurisdiction over the adverse action at the earliest possible opportunity.
(2)For the purposes of this subdivision, the State Personnel Board may, prior to an appeal from adverse action being filed with it, issue a protective order, upon application by the appointing authority, for the limited purpose of prohibiting the parties from disclosing or using information or records for any purpose other than the proceeding for which the information or records were requested or provided, and to require the employee or the employees legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents that are no longer in the possession of the employee or the employees legal representatives because they were submitted to the administrative tribunal as a component of an appeal from the adverse action.
(3)Individual identifiers, including, but not limited to, names, social security numbers, and hospital numbers, that are not necessary for the prosecution or defense of the adverse action, shall not be disclosed.
(4)All records, documents, or other materials containing confidential information protected by this section that have been submitted or otherwise disclosed to the administrative agency or other person as a component of an appeal from an adverse action shall, upon proper motion by the appointing authority to the administrative tribunal, be placed under administrative seal and shall not, thereafter, be subject to disclosure to any person or entity except upon the issuance of an order of a court of competent jurisdiction.
(5)For purposes of this subdivision, an adverse action becomes final when the employee fails to answer within the time specified in Section 19575 of the Government Code, or, after filing an answer, withdraws the appeal, or, upon exhaustion of the administrative appeal or of the judicial review remedies as otherwise provided by law.
(u)To the person appointed as the developmental services decisionmaker for a minor, dependent, or ward pursuant to Section 319, 361, or 726.
(v)To a protection and advocacy agency established pursuant to Section 4901, to the extent that the information is incorporated within any of the following:
(1)An unredacted facility evaluation report form or an unredacted complaint investigation report form of the State Department of Social Services. This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903.
(2)An unredacted citation report, unredacted licensing report, unredacted survey report, unredacted plan of correction, or unredacted statement of deficiency of the State Department of Public Health, prepared by authorized licensing personnel or authorized representatives described in subdivision (n). This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903.
(w)To the regional center clients rights advocate who provides service pursuant to Section 4433, unless the consumer objects on his or her own behalf, for the purpose of providing authorized clients rights advocacy services pursuant to Section 4418.25 or 4418.7, subparagraph (B) or (C) of paragraph (9) of subdivision (a) of Section 4648, Sections 4684.80 to 4684.87, inclusive, or Section 4698 or 7502.5 of this code, or Section 1267.75 or 1531.15 of the Health and Safety Code.
(x)For purposes of this section, a reference to a medical examiner, forensic pathologist, or coroner means a coroner or deputy coroner, as described in subdivision (c) of Section 830.35 of the Penal Code, or a licensed physician who currently performs official autopsies on behalf of a county coroners office or a medical examiners office, whether as a government employee or under contract to that office.
(y)To authorized personnel who are employed by the Employment Development Department as necessary to enable the Employment Development Department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to subdivision (ak) of Section 1095 of the Unemployment Insurance Code. The Employment Development Department shall maintain the confidentiality of information provided to it by the State Department of Developmental Services to the same extent as if the Employment Development Department had acquired the information directly.
(z)To authorized personnel who are employed by the State Department of Social Services as necessary to enable the department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to Section 10850.6. The State Department of Social Services shall maintain the confidentiality of any information provided to it by the State Department of Developmental Services to the same extent as if the State Department of Social Services had acquired the information directly.
SEC. 1.5.Section 4514 of the Welfare and Institutions Code is amended to read:4514.All information and records obtained in the course of providing intake, assessment, and services under Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100) to persons with developmental disabilities shall be confidential. Information and records obtained in the course of providing similar services to either voluntary or involuntary recipients prior to 1969 shall also be confidential. Information and records shall be disclosed only in any of the following cases:
(a)In communications between qualified professional persons, whether employed by a regional center or state developmental center, or not, in the provision of intake, assessment, and services or appropriate referrals. The consent of the person with a developmental disability, or his or her guardian or conservator, shall be obtained before information or records may be disclosed by regional center or state developmental center personnel to a professional not employed by the regional center or state developmental center, or a program not vendored by a regional center or state developmental center.
(b)When the person with a developmental disability, who has the capacity to give informed consent, designates individuals to whom information or records may be released. This chapter does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(c)To the extent necessary for a claim, or for a claim or application to be made on behalf of a person with a developmental disability for aid, insurance, government benefit, or medical assistance to which he or she may be entitled.
(d)If the person with a developmental disability is a minor, dependent ward, or conservatee, and his or her parent, guardian, conservator, limited conservator with access to confidential records, or authorized representative, designates, in writing, persons to whom records or information may be disclosed. This chapter does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(e)For research, if the Director of Developmental Services designates, by regulation, rules for the conduct of research and requires the research to be first reviewed by the appropriate institutional review board or boards. These rules shall include, but need not be limited to, the requirement that all researchers shall sign an oath of confidentiality as follows:
Date |
As a condition of doing research concerning persons with developmental disabilities who have received services from ____ (fill in the facility, agency, or person), I, ____, agree to obtain the prior informed consent of persons who have received services to the maximum degree possible as determined by the appropriate institutional review board or boards for protection of human subjects reviewing my research, or the persons parent, guardian, or conservator, and I further agree not to divulge any information obtained in the course of the research to unauthorized persons, and not to publish or otherwise make public any information regarding persons who have received services so those persons who received services are identifiable.
I recognize that the unauthorized release of confidential information may make me subject to a civil action under provisions of the Welfare and Institutions Code.
Signed |
(f)To the courts, as necessary to the administration of justice.
(g)To governmental law enforcement agencies as needed for the protection of federal and state elective constitutional officers and their families.
(h)To the Senate Committee on Rules or the Assembly Committee on Rules for the purposes of legislative investigation authorized by the committee.
(i)To the courts and designated parties as part of a regional center report or assessment in compliance with a statutory or regulatory requirement, including, but not limited to, Section 1827.5 of the Probate Code, Sections 1001.22 and 1370.1 of the Penal Code, and Section 6502 of this code.
(j)To the attorney for the person with a developmental disability in any and all proceedings upon presentation of a release of information signed by the person, except that when the person lacks the capacity to give informed consent, the regional center or state developmental center director or designee, upon satisfying himself or herself of the identity of the attorney, and of the fact that the attorney represents the person, shall release all information and records relating to the person. This article does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(k)Upon written consent by a person with a developmental disability previously or presently receiving services from a regional center or state developmental center, the director of the regional center or state developmental center, or his or her designee, may release any information, except information that has been given in confidence by members of the family of the person with a developmental disability, requested by a probation officer charged with the evaluation of the person after his or her conviction of a crime if the regional center or state developmental center director or designee determines that the information is relevant to the evaluation. The consent shall only be operative until sentence is passed on the crime for which the person was convicted. The confidential information released pursuant to this subdivision shall be transmitted to the court separately from the probation report and shall not be placed in the probation report. The confidential information shall remain confidential except for purposes of sentencing. After sentencing, the confidential information shall be sealed.
(l)Between persons who are trained and qualified to serve on multidisciplinary personnel teams, as defined in subdivision (d) of Section 18951. The information and records sought to be disclosed shall be relevant to the prevention, identification, management, or treatment of an abused child and his or her parents pursuant to Chapter 11 (commencing with Section 18950) of Part 6 of Division 9.
(m)When a person with a developmental disability dies from any cause, natural or otherwise, while hospitalized in a state developmental center, the State Department of Developmental Services, the physician and surgeon in charge of the client, or the professional in charge of the facility or his or her designee, shall release the patients medical record to a medical examiner, forensic pathologist, or coroner, upon request. Except for the purposes included in paragraph (8) of subdivision (b) of Section 56.10 of the Civil Code, a medical examiner, forensic pathologist, or coroner shall not disclose any information contained in the medical record obtained pursuant to this subdivision without a court order or authorization pursuant to paragraph (4) of subdivision (c) of Section 56.11 of the Civil Code.
(n)To authorized licensing personnel who are employed by, or who are authorized representatives of, the State Department of Public Health, and who are licensed or registered health professionals, and to authorized legal staff or special investigators who are peace officers who are employed by, or who are authorized representatives of, the State Department of Social Services, as necessary to the performance of their duties to inspect, license, and investigate health facilities and community care facilities, and to ensure that the standards of care and services provided in these facilities are adequate and appropriate and to ascertain compliance with the rules and regulations to which the facility is subject. The confidential information shall remain confidential except for purposes of inspection, licensing, or investigation pursuant to Chapter 2 (commencing with Section 1250) and Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, or a criminal, civil, or administrative proceeding in relation thereto. The confidential information may be used by the State Department of Public Health or the State Department of Social Services in a criminal, civil, or administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. Names that are confidential shall be listed in attachments separate to the general pleadings. The confidential information shall be sealed after the conclusion of the criminal, civil, or administrative hearings, and shall not subsequently be released except in accordance with this subdivision. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the State Department of Public Health or the State Department of Social Services decides that no further action will be taken in the matter of suspected licensing violations. Except as otherwise provided in this subdivision, confidential information in the possession of the State Department of Public Health or the State Department of Social Services shall not contain the name of the person with a developmental disability.
(o)To a board that licenses and certifies professionals in the fields of mental health and developmental disabilities pursuant to state law, when the Director of Developmental Services has reasonable cause to believe that there has occurred a violation of a law subject to the jurisdiction of a board and the records are relevant to the violation. The information shall be sealed after a decision is reached in the matter of the suspected violation, and shall not subsequently be released except in accordance with this subdivision. Confidential information in the possession of the board shall not contain the name of the person with a developmental disability.
(p)(1)To governmental law enforcement agencies by the director of a regional center or state developmental center, or his or her designee, when (A) the person with a developmental disability has been reported lost or missing or (B) there is probable cause to believe that a person with a developmental disability has committed, or has been the victim of, murder, manslaughter, mayhem, aggravated mayhem, kidnapping, robbery, carjacking, assault with the intent to commit a felony, arson, extortion, rape, forcible sodomy, forcible oral copulation, assault or battery, or unlawful possession of a weapon, as provided in any provision listed in Section 16590 of the Penal Code.
(2)This subdivision shall be limited solely to information directly relating to the factual circumstances of the commission of the enumerated offenses and shall not include information relating to the mental state of the patient or the circumstances of his or her treatment unless relevant to the crime involved.
(3)This subdivision is not an exception to, and does not in any other way affect, the provisions of Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, or Chapter 11 (commencing with Section 15600) and Chapter 13 (commencing with Section 15750) of Part 3 of Division 9.
(q)To the Division of Juvenile Facilities and Department of Corrections and Rehabilitation or any component thereof, as necessary to the administration of justice.
(r)To an agency mandated to investigate a report of abuse filed pursuant to either Section 11164 of the Penal Code or Section 15630 of this code for the purposes of either a mandated or voluntary report or when those agencies request information in the course of conducting their investigation.
(s)When a person with a developmental disability, or the parent, guardian, or conservator of a person with a developmental disability who lacks capacity to consent, fails to grant or deny a request by a regional center or state developmental center to release information or records relating to the person with a developmental disability within a reasonable period of time, the director of the regional or developmental center, or his or her designee, may release information or records on behalf of that person if both of the following conditions are met:
(1)Release of the information or records is deemed necessary to protect the persons health, safety, or welfare.
(2)The person, or the persons parent, guardian, or conservator, has been advised annually in writing of the policy of the regional center or state developmental center for release of confidential client information or records when the person with developmental disabilities, or the persons parent, guardian, or conservator, fails to respond to a request for release of the information or records within a reasonable period of time. A statement of policy contained in the clients individual program plan shall be deemed to comply with the notice requirement of this paragraph.
(t)(1)When an employee is served with a notice of adverse action, as defined in Section 19570 of the Government Code, the following information and records may be released:
(A)All information and records that the appointing authority relied upon in issuing the notice of adverse action.
(B)All other information and records that are relevant to the adverse action, or that would constitute relevant evidence as defined in Section 210 of the Evidence Code.
(C)The information described in subparagraphs (A) and (B) may be released only if both of the following conditions are met:
(i)The appointing authority has provided written notice to the consumer and the consumers legal representative or, if the consumer has no legal representative or if the legal representative is a state agency, to the clients rights advocate, and the consumer, the consumers legal representative, or the clients rights advocate has not objected in writing to the appointing authority within five business days of receipt of the notice, or the appointing authority, upon review of the objection has determined that the circumstances on which the adverse action is based are egregious or threaten the health, safety, or life of the consumer or other consumers and without the information the adverse action could not be taken.
(ii)The appointing authority, the person against whom the adverse action has been taken, and the persons representative, if any, have entered into a stipulation that does all of the following:
(I)Prohibits the parties from disclosing or using the information or records for any purpose other than the proceedings for which the information or records were requested or provided.
(II)Requires the employee and the employees legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents or copies thereof that are no longer in the possession of the employee or the employees legal representative because they were from a source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents submitted to the administrative tribunal as a component of an appeal from the adverse action.
(III)Requires the parties to submit the stipulation to the administrative tribunal with jurisdiction over the adverse action at the earliest possible opportunity.
(2)For the purposes of this subdivision, the State Personnel Board may, prior to an appeal from adverse action being filed with it, issue a protective order, upon application by the appointing authority, for the limited purpose of prohibiting the parties from disclosing or using information or records for any purpose other than the proceeding for which the information or records were requested or provided, and to require the employee or the employees legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents that are no longer in the possession of the employee or the employees legal representatives because they were submitted to the administrative tribunal as a component of an appeal from the adverse action.
(3)Individual identifiers, including, but not limited to, names, social security numbers, and hospital numbers, that are not necessary for the prosecution or defense of the adverse action, shall not be disclosed.
(4)All records, documents, or other materials containing confidential information protected by this section that have been submitted or otherwise disclosed to the administrative agency or other person as a component of an appeal from an adverse action shall, upon proper motion by the appointing authority to the administrative tribunal, be placed under administrative seal and shall not, thereafter, be subject to disclosure to any person or entity except upon the issuance of an order of a court of competent jurisdiction.
(5)For purposes of this subdivision, an adverse action becomes final when the employee fails to answer within the time specified in Section 19575 of the Government Code, or, after filing an answer, withdraws the appeal, or, upon exhaustion of the administrative appeal or of the judicial review remedies as otherwise provided by law.
(u)To the person appointed as the developmental services decisionmaker for a minor, dependent, or ward pursuant to Section 319, 361, or 726.
(v)To a protection and advocacy agency established pursuant to Section 4901, to the extent that the information is incorporated within any of the following:
(1)An unredacted facility evaluation report form or an unredacted complaint investigation report form of the State Department of Social Services. This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903.
(2)An unredacted citation report, unredacted licensing report, unredacted survey report, unredacted plan of correction, or unredacted statement of deficiency of the State Department of Public Health, prepared by authorized licensing personnel or authorized representatives described in subdivision (n). This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903.
(w)To the regional center clients rights advocate who provides service pursuant to Section 4433, unless the consumer objects on his or her own behalf, for the purpose of providing authorized clients rights advocacy services pursuant to Section 4418.25 or 4418.7, subparagraph (B) or (C) of paragraph (9) of subdivision (a) of Section 4648, Sections 4684.80 to 4684.87, inclusive, or Section 4698 or 7502.5 of this code, or Section 1267.75 or 1531.15 of the Health and Safety Code.
(x)For purposes of this section, a reference to a medical examiner, forensic pathologist, or coroner means a coroner or deputy coroner, as described in subdivision (c) of Section 830.35 of the Penal Code, or a licensed physician who currently performs official autopsies on behalf of a county coroners office or a medical examiners office, whether as a government employee or under contract to that office.
(y)To authorized personnel who are employed by the Employment Development Department as necessary to enable the Employment Development Department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to subdivision (ak) of Section 1095 of the Unemployment Insurance Code. The Employment Development Department shall maintain the confidentiality of information provided to it by the State Department of Developmental Services to the same extent as if the Employment Development Department had acquired the information directly.
(z)To authorized personnel who are employed by the California Victim Compensation Board for the purposes of verifying the identity and eligibility of individuals claiming compensation pursuant to the Eugenics Sterilization Compensation Program described in Chapter 1.5 (commencing with Section 24200) of Division 20 of the Health and Safety Code. The board shall maintain the confidentiality of any information or records received from the department in accordance with Part 160 (commencing with Section 160.101) and Part 164 (commencing with Section 164.102) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations and this section.
(aa)To authorized personnel who are employed by the State Department of Social Services as necessary to enable the department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to Section 10850.6. The State Department of Social Services shall maintain the confidentiality of any information provided to it by the State Department of Developmental Services to the same extent as if the State Department of Social Services had acquired the information directly.
SEC. 2.Section 10850.6 is added to the Welfare and Institutions Code, to read:10850.6.Notwithstanding Section 10850, the State Department of Social Services shall provide the State Department of Developmental Services with CalWORKs and CalFresh eligibility and enrollment data for consumers served by the State Department of Developmental Services for the purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy, established pursuant to Section 4689. This information shall be provided to the extent permitted under applicable federal statutes and regulations. The State Department of Developmental Services shall maintain the confidentiality of any information provided to it by the State Department of Social Services to the same extent as if the State Department of Developmental Services had acquired the information directly.
SEC. 3.Section 1.5 of this bill incorporates amendments to Section 4514 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 1190. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 4514 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 1190, in which case Section 1 of this bill shall not become operative.
All information and records obtained in the course of providing intake, assessment, and services under Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100) to persons with developmental disabilities shall be confidential. Information and records obtained in the course of providing similar services to either voluntary or involuntary recipients prior to 1969 shall also be confidential. Information and records shall be disclosed only in any of the following cases:
(a)In communications between qualified professional persons, whether employed by a regional center or state developmental center, or not, in the provision of intake, assessment, and services or appropriate referrals. The consent of the person with a developmental disability, or his or her guardian or conservator, shall be obtained before information or records may be disclosed by regional center or state developmental center personnel to a professional not employed by the regional center or state developmental center, or a program not vendored by a regional center or state developmental center.
(b)When the person with a developmental disability, who has the capacity to give informed consent, designates individuals to whom information or records may be released. This chapter does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(c)To the extent necessary for a claim, or for a claim or application to be made on behalf of a person with a developmental disability for aid, insurance, government benefit, or medical assistance to which he or she may be entitled.
(d)If the person with a developmental disability is a minor, dependent ward, or conservatee, and his or her parent, guardian, conservator, limited conservator with access to confidential records, or authorized representative, designates, in writing, persons to whom records or information may be disclosed. This chapter does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(e)For research, if the Director of Developmental Services designates, by regulation, rules for the conduct of research and requires the research to be first reviewed by the appropriate institutional review board or boards. These rules shall include, but need not be limited to, the requirement that all researchers shall sign an oath of confidentiality as follows:
Date |
As a condition of doing research concerning persons with developmental disabilities who have received services from ____ (fill in the facility, agency, or person), I, ____, agree to obtain the prior informed consent of persons who have received services to the maximum degree possible as determined by the appropriate institutional review board or boards for protection of human subjects reviewing my research, or the persons parent, guardian, or conservator, and I further agree not to divulge any information obtained in the course of the research to unauthorized persons, and not to publish or otherwise make public any information regarding persons who have received services so those persons who received services are identifiable.
I recognize that the unauthorized release of confidential information may make me subject to a civil action under provisions of the Welfare and Institutions Code.
Signed |
(f)To the courts, as necessary to the administration of justice.
(g)To governmental law enforcement agencies as needed for the protection of federal and state elective constitutional officers and their families.
(h)To the Senate Committee on Rules or the Assembly Committee on Rules for the purposes of legislative investigation authorized by the committee.
(i)To the courts and designated parties as part of a regional center report or assessment in compliance with a statutory or regulatory requirement, including, but not limited to, Section 1827.5 of the Probate Code, Sections 1001.22 and 1370.1 of the Penal Code, and Section 6502 of this code.
(j)To the attorney for the person with a developmental disability in any and all proceedings upon presentation of a release of information signed by the person, except that when the person lacks the capacity to give informed consent, the regional center or state developmental center director or designee, upon satisfying himself or herself of the identity of the attorney, and of the fact that the attorney represents the person, shall release all information and records relating to the person. This article does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(k)Upon written consent by a person with a developmental disability previously or presently receiving services from a regional center or state developmental center, the director of the regional center or state developmental center, or his or her designee, may release any information, except information that has been given in confidence by members of the family of the person with a developmental disability, requested by a probation officer charged with the evaluation of the person after his or her conviction of a crime if the regional center or state developmental center director or designee determines that the information is relevant to the evaluation. The consent shall only be operative until sentence is passed on the crime for which the person was convicted. The confidential information released pursuant to this subdivision shall be transmitted to the court separately from the probation report and shall not be placed in the probation report. The confidential information shall remain confidential except for purposes of sentencing. After sentencing, the confidential information shall be sealed.
(l)Between persons who are trained and qualified to serve on multidisciplinary personnel teams, as defined in subdivision (d) of Section 18951. The information and records sought to be disclosed shall be relevant to the prevention, identification, management, or treatment of an abused child and his or her parents pursuant to Chapter 11 (commencing with Section 18950) of Part 6 of Division 9.
(m)When a person with a developmental disability dies from any cause, natural or otherwise, while hospitalized in a state developmental center, the State Department of Developmental Services, the physician and surgeon in charge of the client, or the professional in charge of the facility or his or her designee, shall release the patients medical record to a medical examiner, forensic pathologist, or coroner, upon request. Except for the purposes included in paragraph (8) of subdivision (b) of Section 56.10 of the Civil Code, a medical examiner, forensic pathologist, or coroner shall not disclose any information contained in the medical record obtained pursuant to this subdivision without a court order or authorization pursuant to paragraph (4) of subdivision (c) of Section 56.11 of the Civil Code.
(n)To authorized licensing personnel who are employed by, or who are authorized representatives of, the State Department of Public Health, and who are licensed or registered health professionals, and to authorized legal staff or special investigators who are peace officers who are employed by, or who are authorized representatives of, the State Department of Social Services, as necessary to the performance of their duties to inspect, license, and investigate health facilities and community care facilities, and to ensure that the standards of care and services provided in these facilities are adequate and appropriate and to ascertain compliance with the rules and regulations to which the facility is subject. The confidential information shall remain confidential except for purposes of inspection, licensing, or investigation pursuant to Chapter 2 (commencing with Section 1250) and Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, or a criminal, civil, or administrative proceeding in relation thereto. The confidential information may be used by the State Department of Public Health or the State Department of Social Services in a criminal, civil, or administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. Names that are confidential shall be listed in attachments separate to the general pleadings. The confidential information shall be sealed after the conclusion of the criminal, civil, or administrative hearings, and shall not subsequently be released except in accordance with this subdivision. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the State Department of Public Health or the State Department of Social Services decides that no further action will be taken in the matter of suspected licensing violations. Except as otherwise provided in this subdivision, confidential information in the possession of the State Department of Public Health or the State Department of Social Services shall not contain the name of the person with a developmental disability.
(o)To a board that licenses and certifies professionals in the fields of mental health and developmental disabilities pursuant to state law, when the Director of Developmental Services has reasonable cause to believe that there has occurred a violation of a law subject to the jurisdiction of a board and the records are relevant to the violation. The information shall be sealed after a decision is reached in the matter of the suspected violation, and shall not subsequently be released except in accordance with this subdivision. Confidential information in the possession of the board shall not contain the name of the person with a developmental disability.
(p)(1)To governmental law enforcement agencies by the director of a regional center or state developmental center, or his or her designee, when (A) the person with a developmental disability has been reported lost or missing or (B) there is probable cause to believe that a person with a developmental disability has committed, or has been the victim of, murder, manslaughter, mayhem, aggravated mayhem, kidnapping, robbery, carjacking, assault with the intent to commit a felony, arson, extortion, rape, forcible sodomy, forcible oral copulation, assault or battery, or unlawful possession of a weapon, as provided in any provision listed in Section 16590 of the Penal Code.
(2)This subdivision shall be limited solely to information directly relating to the factual circumstances of the commission of the enumerated offenses and shall not include information relating to the mental state of the patient or the circumstances of his or her treatment unless relevant to the crime involved.
(3)This subdivision is not an exception to, and does not in any other way affect, the provisions of Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, or Chapter 11 (commencing with Section 15600) and Chapter 13 (commencing with Section 15750) of Part 3 of Division 9.
(q)To the Division of Juvenile Facilities and Department of Corrections and Rehabilitation or any component thereof, as necessary to the administration of justice.
(r)To an agency mandated to investigate a report of abuse filed pursuant to either Section 11164 of the Penal Code or Section 15630 of this code for the purposes of either a mandated or voluntary report or when those agencies request information in the course of conducting their investigation.
(s)When a person with a developmental disability, or the parent, guardian, or conservator of a person with a developmental disability who lacks capacity to consent, fails to grant or deny a request by a regional center or state developmental center to release information or records relating to the person with a developmental disability within a reasonable period of time, the director of the regional or developmental center, or his or her designee, may release information or records on behalf of that person if both of the following conditions are met:
(1)Release of the information or records is deemed necessary to protect the persons health, safety, or welfare.
(2)The person, or the persons parent, guardian, or conservator, has been advised annually in writing of the policy of the regional center or state developmental center for release of confidential client information or records when the person with developmental disabilities, or the persons parent, guardian, or conservator, fails to respond to a request for release of the information or records within a reasonable period of time. A statement of policy contained in the clients individual program plan shall be deemed to comply with the notice requirement of this paragraph.
(t)(1)When an employee is served with a notice of adverse action, as defined in Section 19570 of the Government Code, the following information and records may be released:
(A)All information and records that the appointing authority relied upon in issuing the notice of adverse action.
(B)All other information and records that are relevant to the adverse action, or that would constitute relevant evidence as defined in Section 210 of the Evidence Code.
(C)The information described in subparagraphs (A) and (B) may be released only if both of the following conditions are met:
(i)The appointing authority has provided written notice to the consumer and the consumers legal representative or, if the consumer has no legal representative or if the legal representative is a state agency, to the clients rights advocate, and the consumer, the consumers legal representative, or the clients rights advocate has not objected in writing to the appointing authority within five business days of receipt of the notice, or the appointing authority, upon review of the objection has determined that the circumstances on which the adverse action is based are egregious or threaten the health, safety, or life of the consumer or other consumers and without the information the adverse action could not be taken.
(ii)The appointing authority, the person against whom the adverse action has been taken, and the persons representative, if any, have entered into a stipulation that does all of the following:
(I)Prohibits the parties from disclosing or using the information or records for any purpose other than the proceedings for which the information or records were requested or provided.
(II)Requires the employee and the employees legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents or copies thereof that are no longer in the possession of the employee or the employees legal representative because they were from a source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents submitted to the administrative tribunal as a component of an appeal from the adverse action.
(III)Requires the parties to submit the stipulation to the administrative tribunal with jurisdiction over the adverse action at the earliest possible opportunity.
(2)For the purposes of this subdivision, the State Personnel Board may, prior to an appeal from adverse action being filed with it, issue a protective order, upon application by the appointing authority, for the limited purpose of prohibiting the parties from disclosing or using information or records for any purpose other than the proceeding for which the information or records were requested or provided, and to require the employee or the employees legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents that are no longer in the possession of the employee or the employees legal representatives because they were submitted to the administrative tribunal as a component of an appeal from the adverse action.
(3)Individual identifiers, including, but not limited to, names, social security numbers, and hospital numbers, that are not necessary for the prosecution or defense of the adverse action, shall not be disclosed.
(4)All records, documents, or other materials containing confidential information protected by this section that have been submitted or otherwise disclosed to the administrative agency or other person as a component of an appeal from an adverse action shall, upon proper motion by the appointing authority to the administrative tribunal, be placed under administrative seal and shall not, thereafter, be subject to disclosure to any person or entity except upon the issuance of an order of a court of competent jurisdiction.
(5)For purposes of this subdivision, an adverse action becomes final when the employee fails to answer within the time specified in Section 19575 of the Government Code, or, after filing an answer, withdraws the appeal, or, upon exhaustion of the administrative appeal or of the judicial review remedies as otherwise provided by law.
(u)To the person appointed as the developmental services decisionmaker for a minor, dependent, or ward pursuant to Section 319, 361, or 726.
(v)To a protection and advocacy agency established pursuant to Section 4901, to the extent that the information is incorporated within any of the following:
(1)An unredacted facility evaluation report form or an unredacted complaint investigation report form of the State Department of Social Services. This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903.
(2)An unredacted citation report, unredacted licensing report, unredacted survey report, unredacted plan of correction, or unredacted statement of deficiency of the State Department of Public Health, prepared by authorized licensing personnel or authorized representatives described in subdivision (n). This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903.
(w)To the regional center clients rights advocate who provides service pursuant to Section 4433, unless the consumer objects on his or her own behalf, for the purpose of providing authorized clients rights advocacy services pursuant to Section 4418.25 or 4418.7, subparagraph (B) or (C) of paragraph (9) of subdivision (a) of Section 4648, Sections 4684.80 to 4684.87, inclusive, or Section 4698 or 7502.5 of this code, or Section 1267.75 or 1531.15 of the Health and Safety Code.
(x)For purposes of this section, a reference to a medical examiner, forensic pathologist, or coroner means a coroner or deputy coroner, as described in subdivision (c) of Section 830.35 of the Penal Code, or a licensed physician who currently performs official autopsies on behalf of a county coroners office or a medical examiners office, whether as a government employee or under contract to that office.
(y)To authorized personnel who are employed by the Employment Development Department as necessary to enable the Employment Development Department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to subdivision (ak) of Section 1095 of the Unemployment Insurance Code. The Employment Development Department shall maintain the confidentiality of information provided to it by the State Department of Developmental Services to the same extent as if the Employment Development Department had acquired the information directly.
(z)To authorized personnel who are employed by the State Department of Social Services as necessary to enable the department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to Section 10850.6. The State Department of Social Services shall maintain the confidentiality of any information provided to it by the State Department of Developmental Services to the same extent as if the State Department of Social Services had acquired the information directly.
SEC. 1.5.Section 4514 of the Welfare and Institutions Code is amended to read:4514.All information and records obtained in the course of providing intake, assessment, and services under Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100) to persons with developmental disabilities shall be confidential. Information and records obtained in the course of providing similar services to either voluntary or involuntary recipients prior to 1969 shall also be confidential. Information and records shall be disclosed only in any of the following cases:
(a)In communications between qualified professional persons, whether employed by a regional center or state developmental center, or not, in the provision of intake, assessment, and services or appropriate referrals. The consent of the person with a developmental disability, or his or her guardian or conservator, shall be obtained before information or records may be disclosed by regional center or state developmental center personnel to a professional not employed by the regional center or state developmental center, or a program not vendored by a regional center or state developmental center.
(b)When the person with a developmental disability, who has the capacity to give informed consent, designates individuals to whom information or records may be released. This chapter does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(c)To the extent necessary for a claim, or for a claim or application to be made on behalf of a person with a developmental disability for aid, insurance, government benefit, or medical assistance to which he or she may be entitled.
(d)If the person with a developmental disability is a minor, dependent ward, or conservatee, and his or her parent, guardian, conservator, limited conservator with access to confidential records, or authorized representative, designates, in writing, persons to whom records or information may be disclosed. This chapter does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(e)For research, if the Director of Developmental Services designates, by regulation, rules for the conduct of research and requires the research to be first reviewed by the appropriate institutional review board or boards. These rules shall include, but need not be limited to, the requirement that all researchers shall sign an oath of confidentiality as follows:
Date |
As a condition of doing research concerning persons with developmental disabilities who have received services from ____ (fill in the facility, agency, or person), I, ____, agree to obtain the prior informed consent of persons who have received services to the maximum degree possible as determined by the appropriate institutional review board or boards for protection of human subjects reviewing my research, or the persons parent, guardian, or conservator, and I further agree not to divulge any information obtained in the course of the research to unauthorized persons, and not to publish or otherwise make public any information regarding persons who have received services so those persons who received services are identifiable.
I recognize that the unauthorized release of confidential information may make me subject to a civil action under provisions of the Welfare and Institutions Code.
Signed |
(f)To the courts, as necessary to the administration of justice.
(g)To governmental law enforcement agencies as needed for the protection of federal and state elective constitutional officers and their families.
(h)To the Senate Committee on Rules or the Assembly Committee on Rules for the purposes of legislative investigation authorized by the committee.
(i)To the courts and designated parties as part of a regional center report or assessment in compliance with a statutory or regulatory requirement, including, but not limited to, Section 1827.5 of the Probate Code, Sections 1001.22 and 1370.1 of the Penal Code, and Section 6502 of this code.
(j)To the attorney for the person with a developmental disability in any and all proceedings upon presentation of a release of information signed by the person, except that when the person lacks the capacity to give informed consent, the regional center or state developmental center director or designee, upon satisfying himself or herself of the identity of the attorney, and of the fact that the attorney represents the person, shall release all information and records relating to the person. This article does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(k)Upon written consent by a person with a developmental disability previously or presently receiving services from a regional center or state developmental center, the director of the regional center or state developmental center, or his or her designee, may release any information, except information that has been given in confidence by members of the family of the person with a developmental disability, requested by a probation officer charged with the evaluation of the person after his or her conviction of a crime if the regional center or state developmental center director or designee determines that the information is relevant to the evaluation. The consent shall only be operative until sentence is passed on the crime for which the person was convicted. The confidential information released pursuant to this subdivision shall be transmitted to the court separately from the probation report and shall not be placed in the probation report. The confidential information shall remain confidential except for purposes of sentencing. After sentencing, the confidential information shall be sealed.
(l)Between persons who are trained and qualified to serve on multidisciplinary personnel teams, as defined in subdivision (d) of Section 18951. The information and records sought to be disclosed shall be relevant to the prevention, identification, management, or treatment of an abused child and his or her parents pursuant to Chapter 11 (commencing with Section 18950) of Part 6 of Division 9.
(m)When a person with a developmental disability dies from any cause, natural or otherwise, while hospitalized in a state developmental center, the State Department of Developmental Services, the physician and surgeon in charge of the client, or the professional in charge of the facility or his or her designee, shall release the patients medical record to a medical examiner, forensic pathologist, or coroner, upon request. Except for the purposes included in paragraph (8) of subdivision (b) of Section 56.10 of the Civil Code, a medical examiner, forensic pathologist, or coroner shall not disclose any information contained in the medical record obtained pursuant to this subdivision without a court order or authorization pursuant to paragraph (4) of subdivision (c) of Section 56.11 of the Civil Code.
(n)To authorized licensing personnel who are employed by, or who are authorized representatives of, the State Department of Public Health, and who are licensed or registered health professionals, and to authorized legal staff or special investigators who are peace officers who are employed by, or who are authorized representatives of, the State Department of Social Services, as necessary to the performance of their duties to inspect, license, and investigate health facilities and community care facilities, and to ensure that the standards of care and services provided in these facilities are adequate and appropriate and to ascertain compliance with the rules and regulations to which the facility is subject. The confidential information shall remain confidential except for purposes of inspection, licensing, or investigation pursuant to Chapter 2 (commencing with Section 1250) and Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, or a criminal, civil, or administrative proceeding in relation thereto. The confidential information may be used by the State Department of Public Health or the State Department of Social Services in a criminal, civil, or administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. Names that are confidential shall be listed in attachments separate to the general pleadings. The confidential information shall be sealed after the conclusion of the criminal, civil, or administrative hearings, and shall not subsequently be released except in accordance with this subdivision. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the State Department of Public Health or the State Department of Social Services decides that no further action will be taken in the matter of suspected licensing violations. Except as otherwise provided in this subdivision, confidential information in the possession of the State Department of Public Health or the State Department of Social Services shall not contain the name of the person with a developmental disability.
(o)To a board that licenses and certifies professionals in the fields of mental health and developmental disabilities pursuant to state law, when the Director of Developmental Services has reasonable cause to believe that there has occurred a violation of a law subject to the jurisdiction of a board and the records are relevant to the violation. The information shall be sealed after a decision is reached in the matter of the suspected violation, and shall not subsequently be released except in accordance with this subdivision. Confidential information in the possession of the board shall not contain the name of the person with a developmental disability.
(p)(1)To governmental law enforcement agencies by the director of a regional center or state developmental center, or his or her designee, when (A) the person with a developmental disability has been reported lost or missing or (B) there is probable cause to believe that a person with a developmental disability has committed, or has been the victim of, murder, manslaughter, mayhem, aggravated mayhem, kidnapping, robbery, carjacking, assault with the intent to commit a felony, arson, extortion, rape, forcible sodomy, forcible oral copulation, assault or battery, or unlawful possession of a weapon, as provided in any provision listed in Section 16590 of the Penal Code.
(2)This subdivision shall be limited solely to information directly relating to the factual circumstances of the commission of the enumerated offenses and shall not include information relating to the mental state of the patient or the circumstances of his or her treatment unless relevant to the crime involved.
(3)This subdivision is not an exception to, and does not in any other way affect, the provisions of Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, or Chapter 11 (commencing with Section 15600) and Chapter 13 (commencing with Section 15750) of Part 3 of Division 9.
(q)To the Division of Juvenile Facilities and Department of Corrections and Rehabilitation or any component thereof, as necessary to the administration of justice.
(r)To an agency mandated to investigate a report of abuse filed pursuant to either Section 11164 of the Penal Code or Section 15630 of this code for the purposes of either a mandated or voluntary report or when those agencies request information in the course of conducting their investigation.
(s)When a person with a developmental disability, or the parent, guardian, or conservator of a person with a developmental disability who lacks capacity to consent, fails to grant or deny a request by a regional center or state developmental center to release information or records relating to the person with a developmental disability within a reasonable period of time, the director of the regional or developmental center, or his or her designee, may release information or records on behalf of that person if both of the following conditions are met:
(1)Release of the information or records is deemed necessary to protect the persons health, safety, or welfare.
(2)The person, or the persons parent, guardian, or conservator, has been advised annually in writing of the policy of the regional center or state developmental center for release of confidential client information or records when the person with developmental disabilities, or the persons parent, guardian, or conservator, fails to respond to a request for release of the information or records within a reasonable period of time. A statement of policy contained in the clients individual program plan shall be deemed to comply with the notice requirement of this paragraph.
(t)(1)When an employee is served with a notice of adverse action, as defined in Section 19570 of the Government Code, the following information and records may be released:
(A)All information and records that the appointing authority relied upon in issuing the notice of adverse action.
(B)All other information and records that are relevant to the adverse action, or that would constitute relevant evidence as defined in Section 210 of the Evidence Code.
(C)The information described in subparagraphs (A) and (B) may be released only if both of the following conditions are met:
(i)The appointing authority has provided written notice to the consumer and the consumers legal representative or, if the consumer has no legal representative or if the legal representative is a state agency, to the clients rights advocate, and the consumer, the consumers legal representative, or the clients rights advocate has not objected in writing to the appointing authority within five business days of receipt of the notice, or the appointing authority, upon review of the objection has determined that the circumstances on which the adverse action is based are egregious or threaten the health, safety, or life of the consumer or other consumers and without the information the adverse action could not be taken.
(ii)The appointing authority, the person against whom the adverse action has been taken, and the persons representative, if any, have entered into a stipulation that does all of the following:
(I)Prohibits the parties from disclosing or using the information or records for any purpose other than the proceedings for which the information or records were requested or provided.
(II)Requires the employee and the employees legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents or copies thereof that are no longer in the possession of the employee or the employees legal representative because they were from a source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents submitted to the administrative tribunal as a component of an appeal from the adverse action.
(III)Requires the parties to submit the stipulation to the administrative tribunal with jurisdiction over the adverse action at the earliest possible opportunity.
(2)For the purposes of this subdivision, the State Personnel Board may, prior to an appeal from adverse action being filed with it, issue a protective order, upon application by the appointing authority, for the limited purpose of prohibiting the parties from disclosing or using information or records for any purpose other than the proceeding for which the information or records were requested or provided, and to require the employee or the employees legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents that are no longer in the possession of the employee or the employees legal representatives because they were submitted to the administrative tribunal as a component of an appeal from the adverse action.
(3)Individual identifiers, including, but not limited to, names, social security numbers, and hospital numbers, that are not necessary for the prosecution or defense of the adverse action, shall not be disclosed.
(4)All records, documents, or other materials containing confidential information protected by this section that have been submitted or otherwise disclosed to the administrative agency or other person as a component of an appeal from an adverse action shall, upon proper motion by the appointing authority to the administrative tribunal, be placed under administrative seal and shall not, thereafter, be subject to disclosure to any person or entity except upon the issuance of an order of a court of competent jurisdiction.
(5)For purposes of this subdivision, an adverse action becomes final when the employee fails to answer within the time specified in Section 19575 of the Government Code, or, after filing an answer, withdraws the appeal, or, upon exhaustion of the administrative appeal or of the judicial review remedies as otherwise provided by law.
(u)To the person appointed as the developmental services decisionmaker for a minor, dependent, or ward pursuant to Section 319, 361, or 726.
(v)To a protection and advocacy agency established pursuant to Section 4901, to the extent that the information is incorporated within any of the following:
(1)An unredacted facility evaluation report form or an unredacted complaint investigation report form of the State Department of Social Services. This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903.
(2)An unredacted citation report, unredacted licensing report, unredacted survey report, unredacted plan of correction, or unredacted statement of deficiency of the State Department of Public Health, prepared by authorized licensing personnel or authorized representatives described in subdivision (n). This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903.
(w)To the regional center clients rights advocate who provides service pursuant to Section 4433, unless the consumer objects on his or her own behalf, for the purpose of providing authorized clients rights advocacy services pursuant to Section 4418.25 or 4418.7, subparagraph (B) or (C) of paragraph (9) of subdivision (a) of Section 4648, Sections 4684.80 to 4684.87, inclusive, or Section 4698 or 7502.5 of this code, or Section 1267.75 or 1531.15 of the Health and Safety Code.
(x)For purposes of this section, a reference to a medical examiner, forensic pathologist, or coroner means a coroner or deputy coroner, as described in subdivision (c) of Section 830.35 of the Penal Code, or a licensed physician who currently performs official autopsies on behalf of a county coroners office or a medical examiners office, whether as a government employee or under contract to that office.
(y)To authorized personnel who are employed by the Employment Development Department as necessary to enable the Employment Development Department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to subdivision (ak) of Section 1095 of the Unemployment Insurance Code. The Employment Development Department shall maintain the confidentiality of information provided to it by the State Department of Developmental Services to the same extent as if the Employment Development Department had acquired the information directly.
(z)To authorized personnel who are employed by the California Victim Compensation Board for the purposes of verifying the identity and eligibility of individuals claiming compensation pursuant to the Eugenics Sterilization Compensation Program described in Chapter 1.5 (commencing with Section 24200) of Division 20 of the Health and Safety Code. The board shall maintain the confidentiality of any information or records received from the department in accordance with Part 160 (commencing with Section 160.101) and Part 164 (commencing with Section 164.102) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations and this section.
(aa)To authorized personnel who are employed by the State Department of Social Services as necessary to enable the department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to Section 10850.6. The State Department of Social Services shall maintain the confidentiality of any information provided to it by the State Department of Developmental Services to the same extent as if the State Department of Social Services had acquired the information directly.
SEC. 2.Section 10850.6 is added to the Welfare and Institutions Code, to read:10850.6.Notwithstanding Section 10850, the State Department of Social Services shall provide the State Department of Developmental Services with CalWORKs and CalFresh eligibility and enrollment data for consumers served by the State Department of Developmental Services for the purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy, established pursuant to Section 4689. This information shall be provided to the extent permitted under applicable federal statutes and regulations. The State Department of Developmental Services shall maintain the confidentiality of any information provided to it by the State Department of Social Services to the same extent as if the State Department of Developmental Services had acquired the information directly.
SEC. 3.Section 1.5 of this bill incorporates amendments to Section 4514 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 1190. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 4514 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 1190, in which case Section 1 of this bill shall not become operative.
All information and records obtained in the course of providing intake, assessment, and services under Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100) to persons with developmental disabilities shall be confidential. Information and records obtained in the course of providing similar services to either voluntary or involuntary recipients prior to 1969 shall also be confidential. Information and records shall be disclosed only in any of the following cases:
(a)In communications between qualified professional persons, whether employed by a regional center or state developmental center, or not, in the provision of intake, assessment, and services or appropriate referrals. The consent of the person with a developmental disability, or his or her guardian or conservator, shall be obtained before information or records may be disclosed by regional center or state developmental center personnel to a professional not employed by the regional center or state developmental center, or a program not vendored by a regional center or state developmental center.
(b)When the person with a developmental disability, who has the capacity to give informed consent, designates individuals to whom information or records may be released. This chapter does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(c)To the extent necessary for a claim, or for a claim or application to be made on behalf of a person with a developmental disability for aid, insurance, government benefit, or medical assistance to which he or she may be entitled.
(d)If the person with a developmental disability is a minor, dependent ward, or conservatee, and his or her parent, guardian, conservator, limited conservator with access to confidential records, or authorized representative, designates, in writing, persons to whom records or information may be disclosed. This chapter does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(e)For research, if the Director of Developmental Services designates, by regulation, rules for the conduct of research and requires the research to be first reviewed by the appropriate institutional review board or boards. These rules shall include, but need not be limited to, the requirement that all researchers shall sign an oath of confidentiality as follows:
Date |
As a condition of doing research concerning persons with developmental disabilities who have received services from ____ (fill in the facility, agency, or person), I, ____, agree to obtain the prior informed consent of persons who have received services to the maximum degree possible as determined by the appropriate institutional review board or boards for protection of human subjects reviewing my research, or the persons parent, guardian, or conservator, and I further agree not to divulge any information obtained in the course of the research to unauthorized persons, and not to publish or otherwise make public any information regarding persons who have received services so those persons who received services are identifiable.
I recognize that the unauthorized release of confidential information may make me subject to a civil action under provisions of the Welfare and Institutions Code.
Signed |
(f)To the courts, as necessary to the administration of justice.
(g)To governmental law enforcement agencies as needed for the protection of federal and state elective constitutional officers and their families.
(h)To the Senate Committee on Rules or the Assembly Committee on Rules for the purposes of legislative investigation authorized by the committee.
(i)To the courts and designated parties as part of a regional center report or assessment in compliance with a statutory or regulatory requirement, including, but not limited to, Section 1827.5 of the Probate Code, Sections 1001.22 and 1370.1 of the Penal Code, and Section 6502 of this code.
(j)To the attorney for the person with a developmental disability in any and all proceedings upon presentation of a release of information signed by the person, except that when the person lacks the capacity to give informed consent, the regional center or state developmental center director or designee, upon satisfying himself or herself of the identity of the attorney, and of the fact that the attorney represents the person, shall release all information and records relating to the person. This article does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(k)Upon written consent by a person with a developmental disability previously or presently receiving services from a regional center or state developmental center, the director of the regional center or state developmental center, or his or her designee, may release any information, except information that has been given in confidence by members of the family of the person with a developmental disability, requested by a probation officer charged with the evaluation of the person after his or her conviction of a crime if the regional center or state developmental center director or designee determines that the information is relevant to the evaluation. The consent shall only be operative until sentence is passed on the crime for which the person was convicted. The confidential information released pursuant to this subdivision shall be transmitted to the court separately from the probation report and shall not be placed in the probation report. The confidential information shall remain confidential except for purposes of sentencing. After sentencing, the confidential information shall be sealed.
(l)Between persons who are trained and qualified to serve on multidisciplinary personnel teams, as defined in subdivision (d) of Section 18951. The information and records sought to be disclosed shall be relevant to the prevention, identification, management, or treatment of an abused child and his or her parents pursuant to Chapter 11 (commencing with Section 18950) of Part 6 of Division 9.
(m)When a person with a developmental disability dies from any cause, natural or otherwise, while hospitalized in a state developmental center, the State Department of Developmental Services, the physician and surgeon in charge of the client, or the professional in charge of the facility or his or her designee, shall release the patients medical record to a medical examiner, forensic pathologist, or coroner, upon request. Except for the purposes included in paragraph (8) of subdivision (b) of Section 56.10 of the Civil Code, a medical examiner, forensic pathologist, or coroner shall not disclose any information contained in the medical record obtained pursuant to this subdivision without a court order or authorization pursuant to paragraph (4) of subdivision (c) of Section 56.11 of the Civil Code.
(n)To authorized licensing personnel who are employed by, or who are authorized representatives of, the State Department of Public Health, and who are licensed or registered health professionals, and to authorized legal staff or special investigators who are peace officers who are employed by, or who are authorized representatives of, the State Department of Social Services, as necessary to the performance of their duties to inspect, license, and investigate health facilities and community care facilities, and to ensure that the standards of care and services provided in these facilities are adequate and appropriate and to ascertain compliance with the rules and regulations to which the facility is subject. The confidential information shall remain confidential except for purposes of inspection, licensing, or investigation pursuant to Chapter 2 (commencing with Section 1250) and Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, or a criminal, civil, or administrative proceeding in relation thereto. The confidential information may be used by the State Department of Public Health or the State Department of Social Services in a criminal, civil, or administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. Names that are confidential shall be listed in attachments separate to the general pleadings. The confidential information shall be sealed after the conclusion of the criminal, civil, or administrative hearings, and shall not subsequently be released except in accordance with this subdivision. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the State Department of Public Health or the State Department of Social Services decides that no further action will be taken in the matter of suspected licensing violations. Except as otherwise provided in this subdivision, confidential information in the possession of the State Department of Public Health or the State Department of Social Services shall not contain the name of the person with a developmental disability.
(o)To a board that licenses and certifies professionals in the fields of mental health and developmental disabilities pursuant to state law, when the Director of Developmental Services has reasonable cause to believe that there has occurred a violation of a law subject to the jurisdiction of a board and the records are relevant to the violation. The information shall be sealed after a decision is reached in the matter of the suspected violation, and shall not subsequently be released except in accordance with this subdivision. Confidential information in the possession of the board shall not contain the name of the person with a developmental disability.
(p)(1)To governmental law enforcement agencies by the director of a regional center or state developmental center, or his or her designee, when (A) the person with a developmental disability has been reported lost or missing or (B) there is probable cause to believe that a person with a developmental disability has committed, or has been the victim of, murder, manslaughter, mayhem, aggravated mayhem, kidnapping, robbery, carjacking, assault with the intent to commit a felony, arson, extortion, rape, forcible sodomy, forcible oral copulation, assault or battery, or unlawful possession of a weapon, as provided in any provision listed in Section 16590 of the Penal Code.
(2)This subdivision shall be limited solely to information directly relating to the factual circumstances of the commission of the enumerated offenses and shall not include information relating to the mental state of the patient or the circumstances of his or her treatment unless relevant to the crime involved.
(3)This subdivision is not an exception to, and does not in any other way affect, the provisions of Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, or Chapter 11 (commencing with Section 15600) and Chapter 13 (commencing with Section 15750) of Part 3 of Division 9.
(q)To the Division of Juvenile Facilities and Department of Corrections and Rehabilitation or any component thereof, as necessary to the administration of justice.
(r)To an agency mandated to investigate a report of abuse filed pursuant to either Section 11164 of the Penal Code or Section 15630 of this code for the purposes of either a mandated or voluntary report or when those agencies request information in the course of conducting their investigation.
(s)When a person with a developmental disability, or the parent, guardian, or conservator of a person with a developmental disability who lacks capacity to consent, fails to grant or deny a request by a regional center or state developmental center to release information or records relating to the person with a developmental disability within a reasonable period of time, the director of the regional or developmental center, or his or her designee, may release information or records on behalf of that person if both of the following conditions are met:
(1)Release of the information or records is deemed necessary to protect the persons health, safety, or welfare.
(2)The person, or the persons parent, guardian, or conservator, has been advised annually in writing of the policy of the regional center or state developmental center for release of confidential client information or records when the person with developmental disabilities, or the persons parent, guardian, or conservator, fails to respond to a request for release of the information or records within a reasonable period of time. A statement of policy contained in the clients individual program plan shall be deemed to comply with the notice requirement of this paragraph.
(t)(1)When an employee is served with a notice of adverse action, as defined in Section 19570 of the Government Code, the following information and records may be released:
(A)All information and records that the appointing authority relied upon in issuing the notice of adverse action.
(B)All other information and records that are relevant to the adverse action, or that would constitute relevant evidence as defined in Section 210 of the Evidence Code.
(C)The information described in subparagraphs (A) and (B) may be released only if both of the following conditions are met:
(i)The appointing authority has provided written notice to the consumer and the consumers legal representative or, if the consumer has no legal representative or if the legal representative is a state agency, to the clients rights advocate, and the consumer, the consumers legal representative, or the clients rights advocate has not objected in writing to the appointing authority within five business days of receipt of the notice, or the appointing authority, upon review of the objection has determined that the circumstances on which the adverse action is based are egregious or threaten the health, safety, or life of the consumer or other consumers and without the information the adverse action could not be taken.
(ii)The appointing authority, the person against whom the adverse action has been taken, and the persons representative, if any, have entered into a stipulation that does all of the following:
(I)Prohibits the parties from disclosing or using the information or records for any purpose other than the proceedings for which the information or records were requested or provided.
(II)Requires the employee and the employees legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents or copies thereof that are no longer in the possession of the employee or the employees legal representative because they were from a source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents submitted to the administrative tribunal as a component of an appeal from the adverse action.
(III)Requires the parties to submit the stipulation to the administrative tribunal with jurisdiction over the adverse action at the earliest possible opportunity.
(2)For the purposes of this subdivision, the State Personnel Board may, prior to an appeal from adverse action being filed with it, issue a protective order, upon application by the appointing authority, for the limited purpose of prohibiting the parties from disclosing or using information or records for any purpose other than the proceeding for which the information or records were requested or provided, and to require the employee or the employees legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents that are no longer in the possession of the employee or the employees legal representatives because they were submitted to the administrative tribunal as a component of an appeal from the adverse action.
(3)Individual identifiers, including, but not limited to, names, social security numbers, and hospital numbers, that are not necessary for the prosecution or defense of the adverse action, shall not be disclosed.
(4)All records, documents, or other materials containing confidential information protected by this section that have been submitted or otherwise disclosed to the administrative agency or other person as a component of an appeal from an adverse action shall, upon proper motion by the appointing authority to the administrative tribunal, be placed under administrative seal and shall not, thereafter, be subject to disclosure to any person or entity except upon the issuance of an order of a court of competent jurisdiction.
(5)For purposes of this subdivision, an adverse action becomes final when the employee fails to answer within the time specified in Section 19575 of the Government Code, or, after filing an answer, withdraws the appeal, or, upon exhaustion of the administrative appeal or of the judicial review remedies as otherwise provided by law.
(u)To the person appointed as the developmental services decisionmaker for a minor, dependent, or ward pursuant to Section 319, 361, or 726.
(v)To a protection and advocacy agency established pursuant to Section 4901, to the extent that the information is incorporated within any of the following:
(1)An unredacted facility evaluation report form or an unredacted complaint investigation report form of the State Department of Social Services. This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903.
(2)An unredacted citation report, unredacted licensing report, unredacted survey report, unredacted plan of correction, or unredacted statement of deficiency of the State Department of Public Health, prepared by authorized licensing personnel or authorized representatives described in subdivision (n). This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903.
(w)To the regional center clients rights advocate who provides service pursuant to Section 4433, unless the consumer objects on his or her own behalf, for the purpose of providing authorized clients rights advocacy services pursuant to Section 4418.25 or 4418.7, subparagraph (B) or (C) of paragraph (9) of subdivision (a) of Section 4648, Sections 4684.80 to 4684.87, inclusive, or Section 4698 or 7502.5 of this code, or Section 1267.75 or 1531.15 of the Health and Safety Code.
(x)For purposes of this section, a reference to a medical examiner, forensic pathologist, or coroner means a coroner or deputy coroner, as described in subdivision (c) of Section 830.35 of the Penal Code, or a licensed physician who currently performs official autopsies on behalf of a county coroners office or a medical examiners office, whether as a government employee or under contract to that office.
(y)To authorized personnel who are employed by the Employment Development Department as necessary to enable the Employment Development Department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to subdivision (ak) of Section 1095 of the Unemployment Insurance Code. The Employment Development Department shall maintain the confidentiality of information provided to it by the State Department of Developmental Services to the same extent as if the Employment Development Department had acquired the information directly.
(z)To authorized personnel who are employed by the State Department of Social Services as necessary to enable the department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to Section 10850.6. The State Department of Social Services shall maintain the confidentiality of any information provided to it by the State Department of Developmental Services to the same extent as if the State Department of Social Services had acquired the information directly.
SEC. 1.5.Section 4514 of the Welfare and Institutions Code is amended to read:4514.All information and records obtained in the course of providing intake, assessment, and services under Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100) to persons with developmental disabilities shall be confidential. Information and records obtained in the course of providing similar services to either voluntary or involuntary recipients prior to 1969 shall also be confidential. Information and records shall be disclosed only in any of the following cases:
(a)In communications between qualified professional persons, whether employed by a regional center or state developmental center, or not, in the provision of intake, assessment, and services or appropriate referrals. The consent of the person with a developmental disability, or his or her guardian or conservator, shall be obtained before information or records may be disclosed by regional center or state developmental center personnel to a professional not employed by the regional center or state developmental center, or a program not vendored by a regional center or state developmental center.
(b)When the person with a developmental disability, who has the capacity to give informed consent, designates individuals to whom information or records may be released. This chapter does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(c)To the extent necessary for a claim, or for a claim or application to be made on behalf of a person with a developmental disability for aid, insurance, government benefit, or medical assistance to which he or she may be entitled.
(d)If the person with a developmental disability is a minor, dependent ward, or conservatee, and his or her parent, guardian, conservator, limited conservator with access to confidential records, or authorized representative, designates, in writing, persons to whom records or information may be disclosed. This chapter does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(e)For research, if the Director of Developmental Services designates, by regulation, rules for the conduct of research and requires the research to be first reviewed by the appropriate institutional review board or boards. These rules shall include, but need not be limited to, the requirement that all researchers shall sign an oath of confidentiality as follows:
Date |
As a condition of doing research concerning persons with developmental disabilities who have received services from ____ (fill in the facility, agency, or person), I, ____, agree to obtain the prior informed consent of persons who have received services to the maximum degree possible as determined by the appropriate institutional review board or boards for protection of human subjects reviewing my research, or the persons parent, guardian, or conservator, and I further agree not to divulge any information obtained in the course of the research to unauthorized persons, and not to publish or otherwise make public any information regarding persons who have received services so those persons who received services are identifiable.
I recognize that the unauthorized release of confidential information may make me subject to a civil action under provisions of the Welfare and Institutions Code.
Signed |
(f)To the courts, as necessary to the administration of justice.
(g)To governmental law enforcement agencies as needed for the protection of federal and state elective constitutional officers and their families.
(h)To the Senate Committee on Rules or the Assembly Committee on Rules for the purposes of legislative investigation authorized by the committee.
(i)To the courts and designated parties as part of a regional center report or assessment in compliance with a statutory or regulatory requirement, including, but not limited to, Section 1827.5 of the Probate Code, Sections 1001.22 and 1370.1 of the Penal Code, and Section 6502 of this code.
(j)To the attorney for the person with a developmental disability in any and all proceedings upon presentation of a release of information signed by the person, except that when the person lacks the capacity to give informed consent, the regional center or state developmental center director or designee, upon satisfying himself or herself of the identity of the attorney, and of the fact that the attorney represents the person, shall release all information and records relating to the person. This article does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(k)Upon written consent by a person with a developmental disability previously or presently receiving services from a regional center or state developmental center, the director of the regional center or state developmental center, or his or her designee, may release any information, except information that has been given in confidence by members of the family of the person with a developmental disability, requested by a probation officer charged with the evaluation of the person after his or her conviction of a crime if the regional center or state developmental center director or designee determines that the information is relevant to the evaluation. The consent shall only be operative until sentence is passed on the crime for which the person was convicted. The confidential information released pursuant to this subdivision shall be transmitted to the court separately from the probation report and shall not be placed in the probation report. The confidential information shall remain confidential except for purposes of sentencing. After sentencing, the confidential information shall be sealed.
(l)Between persons who are trained and qualified to serve on multidisciplinary personnel teams, as defined in subdivision (d) of Section 18951. The information and records sought to be disclosed shall be relevant to the prevention, identification, management, or treatment of an abused child and his or her parents pursuant to Chapter 11 (commencing with Section 18950) of Part 6 of Division 9.
(m)When a person with a developmental disability dies from any cause, natural or otherwise, while hospitalized in a state developmental center, the State Department of Developmental Services, the physician and surgeon in charge of the client, or the professional in charge of the facility or his or her designee, shall release the patients medical record to a medical examiner, forensic pathologist, or coroner, upon request. Except for the purposes included in paragraph (8) of subdivision (b) of Section 56.10 of the Civil Code, a medical examiner, forensic pathologist, or coroner shall not disclose any information contained in the medical record obtained pursuant to this subdivision without a court order or authorization pursuant to paragraph (4) of subdivision (c) of Section 56.11 of the Civil Code.
(n)To authorized licensing personnel who are employed by, or who are authorized representatives of, the State Department of Public Health, and who are licensed or registered health professionals, and to authorized legal staff or special investigators who are peace officers who are employed by, or who are authorized representatives of, the State Department of Social Services, as necessary to the performance of their duties to inspect, license, and investigate health facilities and community care facilities, and to ensure that the standards of care and services provided in these facilities are adequate and appropriate and to ascertain compliance with the rules and regulations to which the facility is subject. The confidential information shall remain confidential except for purposes of inspection, licensing, or investigation pursuant to Chapter 2 (commencing with Section 1250) and Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, or a criminal, civil, or administrative proceeding in relation thereto. The confidential information may be used by the State Department of Public Health or the State Department of Social Services in a criminal, civil, or administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. Names that are confidential shall be listed in attachments separate to the general pleadings. The confidential information shall be sealed after the conclusion of the criminal, civil, or administrative hearings, and shall not subsequently be released except in accordance with this subdivision. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the State Department of Public Health or the State Department of Social Services decides that no further action will be taken in the matter of suspected licensing violations. Except as otherwise provided in this subdivision, confidential information in the possession of the State Department of Public Health or the State Department of Social Services shall not contain the name of the person with a developmental disability.
(o)To a board that licenses and certifies professionals in the fields of mental health and developmental disabilities pursuant to state law, when the Director of Developmental Services has reasonable cause to believe that there has occurred a violation of a law subject to the jurisdiction of a board and the records are relevant to the violation. The information shall be sealed after a decision is reached in the matter of the suspected violation, and shall not subsequently be released except in accordance with this subdivision. Confidential information in the possession of the board shall not contain the name of the person with a developmental disability.
(p)(1)To governmental law enforcement agencies by the director of a regional center or state developmental center, or his or her designee, when (1) (A) the person with a developmental disability has been reported lost or missing or (2) (B) there is probable cause to believe that a person with a developmental disability has committed, or has been the victim of, murder, manslaughter, mayhem, aggravated mayhem, kidnapping, robbery, carjacking, assault with the intent to commit a felony, arson, extortion, rape, forcible sodomy, forcible oral copulation, assault or battery, or unlawful possession of a weapon, as provided in any provision listed in Section 16590 of the Penal Code.
(2)This subdivision shall be limited solely to information directly relating to the factual circumstances of the commission of the enumerated offenses and shall not include information relating to the mental state of the patient or the circumstances of his or her treatment unless relevant to the crime involved.
(3)This subdivision is not an exception to, and does not in any other way affect, the provisions of Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, or Chapter 11 (commencing with Section 15600) and Chapter 13 (commencing with Section 15750) of Part 3 of Division 9.
(q)To the Division of Juvenile Facilities and Department of Corrections and Rehabilitation or any component thereof, as necessary to the administration of justice.
(r)To an agency mandated to investigate a report of abuse filed pursuant to either Section 11164 of the Penal Code or Section 15630 of this code for the purposes of either a mandated or voluntary report or when those agencies request information in the course of conducting their investigation.
(s)When a person with a developmental disability, or the parent, guardian, or conservator of a person with a developmental disability who lacks capacity to consent, fails to grant or deny a request by a regional center or state developmental center to release information or records relating to the person with a developmental disability within a reasonable period of time, the director of the regional or developmental center, or his or her designee, may release information or records on behalf of that person if both of the following conditions are met:
(1)Release of the information or records is deemed necessary to protect the persons health, safety, or welfare.
(2)The person, or the persons parent, guardian, or conservator, has been advised annually in writing of the policy of the regional center or state developmental center for release of confidential client information or records when the person with developmental disabilities, or the persons parent, guardian, or conservator, fails to respond to a request for release of the information or records within a reasonable period of time. A statement of policy contained in the clients individual program plan shall be deemed to comply with the notice requirement of this paragraph.
(t)(1)When an employee is served with a notice of adverse action, as defined in Section 19570 of the Government Code, the following information and records may be released:
(A)All information and records that the appointing authority relied upon in issuing the notice of adverse action.
(B)All other information and records that are relevant to the adverse action, or that would constitute relevant evidence as defined in Section 210 of the Evidence Code.
(C)The information described in subparagraphs (A) and (B) may be released only if both of the following conditions are met:
(i)The appointing authority has provided written notice to the consumer and the consumers legal representative or, if the consumer has no legal representative or if the legal representative is a state agency, to the clients rights advocate, and the consumer, the consumers legal representative, or the clients rights advocate has not objected in writing to the appointing authority within five business days of receipt of the notice, or the appointing authority, upon review of the objection has determined that the circumstances on which the adverse action is based are egregious or threaten the health, safety, or life of the consumer or other consumers and without the information the adverse action could not be taken.
(ii)The appointing authority, the person against whom the adverse action has been taken, and the persons representative, if any, have entered into a stipulation that does all of the following:
(I)Prohibits the parties from disclosing or using the information or records for any purpose other than the proceedings for which the information or records were requested or provided.
(II)Requires the employee and the employees legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents or copies thereof that are no longer in the possession of the employee or the employees legal representative because they were from a source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents submitted to the administrative tribunal as a component of an appeal from the adverse action.
(III)Requires the parties to submit the stipulation to the administrative tribunal with jurisdiction over the adverse action at the earliest possible opportunity.
(2)For the purposes of this subdivision, the State Personnel Board may, prior to an appeal from adverse action being filed with it, issue a protective order, upon application by the appointing authority, for the limited purpose of prohibiting the parties from disclosing or using information or records for any purpose other than the proceeding for which the information or records were requested or provided, and to require the employee or the employees legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents that are no longer in the possession of the employee or the employees legal representatives because they were submitted to the administrative tribunal as a component of an appeal from the adverse action.
(3)Individual identifiers, including, but not limited to, names, social security numbers, and hospital numbers, that are not necessary for the prosecution or defense of the adverse action, shall not be disclosed.
(4)All records, documents, or other materials containing confidential information protected by this section that have been submitted or otherwise disclosed to the administrative agency or other person as a component of an appeal from an adverse action shall, upon proper motion by the appointing authority to the administrative tribunal, be placed under administrative seal and shall not, thereafter, be subject to disclosure to any person or entity except upon the issuance of an order of a court of competent jurisdiction.
(5)For purposes of this subdivision, an adverse action becomes final when the employee fails to answer within the time specified in Section 19575 of the Government Code, or, after filing an answer, withdraws the appeal, or, upon exhaustion of the administrative appeal or of the judicial review remedies as otherwise provided by law.
(u)To the person appointed as the developmental services decisionmaker for a minor, dependent, or ward pursuant to Section 319, 361, or 726.
(v)To a protection and advocacy agency established pursuant to Section 4901, to the extent that the information is incorporated within any of the following:
(1)An unredacted facility evaluation report form or an unredacted complaint investigation report form of the State Department of Social Services. This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903.
(2)An unredacted citation report, unredacted licensing report, unredacted survey report, unredacted plan of correction, or unredacted statement of deficiency of the State Department of Public Health, prepared by authorized licensing personnel or authorized representatives described in subdivision (n). This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903.
(w)To the regional center clients rights advocate who provides service pursuant to Section 4433, unless the consumer objects on his or her own behalf, for the purpose of providing authorized clients rights advocacy services pursuant to Section 4418.25 or 4418.7, subparagraph (B) or (C) of paragraph (9) of subdivision (a) of Section 4648, Sections 4684.80 to 4684.87, inclusive, or Section 4698 or 7502.5 of this code, or Section 1267.75 or 1531.15 of the Health and Safety Code.
(x)For purposes of this section, a reference to a medical examiner, forensic pathologist, or coroner means a coroner or deputy coroner, as described in subdivision (c) of Section 830.35 of the Penal Code, or a licensed physician who currently performs official autopsies on behalf of a county coroners office or a medical examiners office, whether as a government employee or under contract to that office.
(y)To authorized personnel who are employed by the Employment Development Department as necessary to enable the Employment Development Department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to subdivision (ak) of Section 1095 of the Unemployment Insurance Code. The Employment Development Department shall maintain the confidentiality of information provided to it by the State Department of Developmental Services to the same extent as if the Employment Development Department had acquired the information directly.
(z)To authorized personnel who are employed by the California Victim Compensation Board for the purposes of verifying the identity and eligibility of individuals claiming compensation pursuant to the Eugenics Sterilization Compensation Program described in Chapter 1.5 (commencing with Section 24200) of Division 20 of the Health and Safety Code. The board shall maintain the confidentiality of any information or records received from the department in accordance with Part 160 (commencing with Section 160.101) and Part 164 (commencing with Section 164.102) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations and this section.
(aa)To authorized personnel who are employed by the State Department of Social Services as necessary to enable the department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to Section 10850.6. The State Department of Social Services shall maintain the confidentiality of any information provided to it by the State Department of Developmental Services to the same extent as if the State Department of Social Services had acquired the information directly.
SEC. 2.Section 10850.6 is added to the Welfare and Institutions Code, to read:10850.6.Notwithstanding Section 10850, the State Department of Social Services shall provide the State Department of Developmental Services with CalWORKs and CalFresh eligibility and enrollment data for consumers served by the State Department of Developmental Services for the purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy, established pursuant to Section 4689. This information shall be provided to the extent permitted under applicable federal statutes and regulations. The State Department of Developmental Services shall maintain the confidentiality of any information provided to it by the State Department of Social Services to the same extent as if the State Department of Developmental Services had acquired the information directly.
SEC. 3.Section 1.5 of this bill incorporates amendments to Section 4514 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 1190. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 4514 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 1190, in which case Section 1 of this bill shall not become operative.
All information and records obtained in the course of providing intake, assessment, and services under Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100) to persons with developmental disabilities shall be confidential. Information and records obtained in the course of providing similar services to either voluntary or involuntary recipients prior to 1969 shall also be confidential. Information and records shall be disclosed only in any of the following cases:
(a)In communications between qualified professional persons, whether employed by a regional center or state developmental center, or not, in the provision of intake, assessment, and services or appropriate referrals. The consent of the person with a developmental disability, or his or her guardian or conservator, shall be obtained before information or records may be disclosed by regional center or state developmental center personnel to a professional not employed by the regional center or state developmental center, or a program not vendored by a regional center or state developmental center.
(b)When the person with a developmental disability, who has the capacity to give informed consent, designates individuals to whom information or records may be released. This chapter does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(c)To the extent necessary for a claim, or for a claim or application to be made on behalf of a person with a developmental disability for aid, insurance, government benefit, or medical assistance to which he or she may be entitled.
(d)If the person with a developmental disability is a minor, dependent ward, or conservatee, and his or her parent, guardian, conservator, limited conservator with access to confidential records, or authorized representative, designates, in writing, persons to whom records or information may be disclosed. This chapter does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(e)For research, if the Director of Developmental Services designates, by regulation, rules for the conduct of research and requires the research to be first reviewed by the appropriate institutional review board or boards. These rules shall include, but need not be limited to, the requirement that all researchers shall sign an oath of confidentiality as follows:
Date |
As a condition of doing research concerning persons with developmental disabilities who have received services from ____ (fill in the facility, agency, or person), I, ____, agree to obtain the prior informed consent of persons who have received services to the maximum degree possible as determined by the appropriate institutional review board or boards for protection of human subjects reviewing my research, or the persons parent, guardian, or conservator, and I further agree not to divulge any information obtained in the course of the research to unauthorized persons, and not to publish or otherwise make public any information regarding persons who have received services so those persons who received services are identifiable.
I recognize that the unauthorized release of confidential information may make me subject to a civil action under provisions of the Welfare and Institutions Code.
Signed |
(f)To the courts, as necessary to the administration of justice.
(g)To governmental law enforcement agencies as needed for the protection of federal and state elective constitutional officers and their families.
(h)To the Senate Committee on Rules or the Assembly Committee on Rules for the purposes of legislative investigation authorized by the committee.
(i)To the courts and designated parties as part of a regional center report or assessment in compliance with a statutory or regulatory requirement, including, but not limited to, Section 1827.5 of the Probate Code, Sections 1001.22 and 1370.1 of the Penal Code, and Section 6502 of this code.
(j)To the attorney for the person with a developmental disability in any and all proceedings upon presentation of a release of information signed by the person, except that when the person lacks the capacity to give informed consent, the regional center or state developmental center director or designee, upon satisfying himself or herself of the identity of the attorney, and of the fact that the attorney represents the person, shall release all information and records relating to the person. This article does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(k)Upon written consent by a person with a developmental disability previously or presently receiving services from a regional center or state developmental center, the director of the regional center or state developmental center, or his or her designee, may release any information, except information that has been given in confidence by members of the family of the person with a developmental disability, requested by a probation officer charged with the evaluation of the person after his or her conviction of a crime if the regional center or state developmental center director or designee determines that the information is relevant to the evaluation. The consent shall only be operative until sentence is passed on the crime for which the person was convicted. The confidential information released pursuant to this subdivision shall be transmitted to the court separately from the probation report and shall not be placed in the probation report. The confidential information shall remain confidential except for purposes of sentencing. After sentencing, the confidential information shall be sealed.
(l)Between persons who are trained and qualified to serve on multidisciplinary personnel teams, as defined in subdivision (d) of Section 18951. The information and records sought to be disclosed shall be relevant to the prevention, identification, management, or treatment of an abused child and his or her parents pursuant to Chapter 11 (commencing with Section 18950) of Part 6 of Division 9.
(m)When a person with a developmental disability dies from any cause, natural or otherwise, while hospitalized in a state developmental center, the State Department of Developmental Services, the physician and surgeon in charge of the client, or the professional in charge of the facility or his or her designee, shall release the patients medical record to a medical examiner, forensic pathologist, or coroner, upon request. Except for the purposes included in paragraph (8) of subdivision (b) of Section 56.10 of the Civil Code, a medical examiner, forensic pathologist, or coroner shall not disclose any information contained in the medical record obtained pursuant to this subdivision without a court order or authorization pursuant to paragraph (4) of subdivision (c) of Section 56.11 of the Civil Code.
(n)To authorized licensing personnel who are employed by, or who are authorized representatives of, the State Department of Public Health, and who are licensed or registered health professionals, and to authorized legal staff or special investigators who are peace officers who are employed by, or who are authorized representatives of, the State Department of Social Services, as necessary to the performance of their duties to inspect, license, and investigate health facilities and community care facilities, and to ensure that the standards of care and services provided in these facilities are adequate and appropriate and to ascertain compliance with the rules and regulations to which the facility is subject. The confidential information shall remain confidential except for purposes of inspection, licensing, or investigation pursuant to Chapter 2 (commencing with Section 1250) and Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, or a criminal, civil, or administrative proceeding in relation thereto. The confidential information may be used by the State Department of Public Health or the State Department of Social Services in a criminal, civil, or administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. Names that are confidential shall be listed in attachments separate to the general pleadings. The confidential information shall be sealed after the conclusion of the criminal, civil, or administrative hearings, and shall not subsequently be released except in accordance with this subdivision. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the State Department of Public Health or the State Department of Social Services decides that no further action will be taken in the matter of suspected licensing violations. Except as otherwise provided in this subdivision, confidential information in the possession of the State Department of Public Health or the State Department of Social Services shall not contain the name of the person with a developmental disability.
(o)To a board that licenses and certifies professionals in the fields of mental health and developmental disabilities pursuant to state law, when the Director of Developmental Services has reasonable cause to believe that there has occurred a violation of a law subject to the jurisdiction of a board and the records are relevant to the violation. The information shall be sealed after a decision is reached in the matter of the suspected violation, and shall not subsequently be released except in accordance with this subdivision. Confidential information in the possession of the board shall not contain the name of the person with a developmental disability.
(p)(1)To governmental law enforcement agencies by the director of a regional center or state developmental center, or his or her designee, when (1) (A) the person with a developmental disability has been reported lost or missing or (2) (B) there is probable cause to believe that a person with a developmental disability has committed, or has been the victim of, murder, manslaughter, mayhem, aggravated mayhem, kidnapping, robbery, carjacking, assault with the intent to commit a felony, arson, extortion, rape, forcible sodomy, forcible oral copulation, assault or battery, or unlawful possession of a weapon, as provided in any provision listed in Section 16590 of the Penal Code.
(2)This subdivision shall be limited solely to information directly relating to the factual circumstances of the commission of the enumerated offenses and shall not include information relating to the mental state of the patient or the circumstances of his or her treatment unless relevant to the crime involved.
(3)This subdivision is not an exception to, and does not in any other way affect, the provisions of Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, or Chapter 11 (commencing with Section 15600) and Chapter 13 (commencing with Section 15750) of Part 3 of Division 9.
(q)To the Division of Juvenile Facilities and Department of Corrections and Rehabilitation or any component thereof, as necessary to the administration of justice.
(r)To an agency mandated to investigate a report of abuse filed pursuant to either Section 11164 of the Penal Code or Section 15630 of this code for the purposes of either a mandated or voluntary report or when those agencies request information in the course of conducting their investigation.
(s)When a person with a developmental disability, or the parent, guardian, or conservator of a person with a developmental disability who lacks capacity to consent, fails to grant or deny a request by a regional center or state developmental center to release information or records relating to the person with a developmental disability within a reasonable period of time, the director of the regional or developmental center, or his or her designee, may release information or records on behalf of that person if both of the following conditions are met:
(1)Release of the information or records is deemed necessary to protect the persons health, safety, or welfare.
(2)The person, or the persons parent, guardian, or conservator, has been advised annually in writing of the policy of the regional center or state developmental center for release of confidential client information or records when the person with developmental disabilities, or the persons parent, guardian, or conservator, fails to respond to a request for release of the information or records within a reasonable period of time. A statement of policy contained in the clients individual program plan shall be deemed to comply with the notice requirement of this paragraph.
(t)(1)When an employee is served with a notice of adverse action, as defined in Section 19570 of the Government Code, the following information and records may be released:
(A)All information and records that the appointing authority relied upon in issuing the notice of adverse action.
(B)All other information and records that are relevant to the adverse action, or that would constitute relevant evidence as defined in Section 210 of the Evidence Code.
(C)The information described in subparagraphs (A) and (B) may be released only if both of the following conditions are met:
(i)The appointing authority has provided written notice to the consumer and the consumers legal representative or, if the consumer has no legal representative or if the legal representative is a state agency, to the clients rights advocate, and the consumer, the consumers legal representative, or the clients rights advocate has not objected in writing to the appointing authority within five business days of receipt of the notice, or the appointing authority, upon review of the objection has determined that the circumstances on which the adverse action is based are egregious or threaten the health, safety, or life of the consumer or other consumers and without the information the adverse action could not be taken.
(ii)The appointing authority, the person against whom the adverse action has been taken, and the persons representative, if any, have entered into a stipulation that does all of the following:
(I)Prohibits the parties from disclosing or using the information or records for any purpose other than the proceedings for which the information or records were requested or provided.
(II)Requires the employee and the employees legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents or copies thereof that are no longer in the possession of the employee or the employees legal representative because they were from a source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents submitted to the administrative tribunal as a component of an appeal from the adverse action.
(III)Requires the parties to submit the stipulation to the administrative tribunal with jurisdiction over the adverse action at the earliest possible opportunity.
(2)For the purposes of this subdivision, the State Personnel Board may, prior to an appeal from adverse action being filed with it, issue a protective order, upon application by the appointing authority, for the limited purpose of prohibiting the parties from disclosing or using information or records for any purpose other than the proceeding for which the information or records were requested or provided, and to require the employee or the employees legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents that are no longer in the possession of the employee or the employees legal representatives because they were submitted to the administrative tribunal as a component of an appeal from the adverse action.
(3)Individual identifiers, including, but not limited to, names, social security numbers, and hospital numbers, that are not necessary for the prosecution or defense of the adverse action, shall not be disclosed.
(4)All records, documents, or other materials containing confidential information protected by this section that have been submitted or otherwise disclosed to the administrative agency or other person as a component of an appeal from an adverse action shall, upon proper motion by the appointing authority to the administrative tribunal, be placed under administrative seal and shall not, thereafter, be subject to disclosure to any person or entity except upon the issuance of an order of a court of competent jurisdiction.
(5)For purposes of this subdivision, an adverse action becomes final when the employee fails to answer within the time specified in Section 19575 of the Government Code, or, after filing an answer, withdraws the appeal, or, upon exhaustion of the administrative appeal or of the judicial review remedies as otherwise provided by law.
(u)To the person appointed as the developmental services decisionmaker for a minor, dependent, or ward pursuant to Section 319, 361, or 726.
(v)To a protection and advocacy agency established pursuant to Section 4901, to the extent that the information is incorporated within any of the following:
(1)An unredacted facility evaluation report form or an unredacted complaint investigation report form of the State Department of Social Services. This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903.
(2)An unredacted citation report, unredacted licensing report, unredacted survey report, unredacted plan of correction, or unredacted statement of deficiency of the State Department of Public Health, prepared by authorized licensing personnel or authorized representatives described in subdivision (n). This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903.
(w)To the regional center clients rights advocate who provides service pursuant to Section 4433, unless the consumer objects on his or her own behalf, for the purpose of providing authorized clients rights advocacy services pursuant to Section 4418.25 or 4418.7, subparagraph (B) or (C) of paragraph (9) of subdivision (a) of Section 4648, Sections 4684.80 to 4684.87, inclusive, or Section 4698 or 7502.5 of this code, or Section 1267.75 or 1531.15 of the Health and Safety Code.
(x)For purposes of this section, a reference to a medical examiner, forensic pathologist, or coroner means a coroner or deputy coroner, as described in subdivision (c) of Section 830.35 of the Penal Code, or a licensed physician who currently performs official autopsies on behalf of a county coroners office or a medical examiners office, whether as a government employee or under contract to that office.
(y)To authorized personnel who are employed by the Employment Development Department as necessary to enable the Employment Development Department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to subdivision (ak) of Section 1095 of the Unemployment Insurance Code. The Employment Development Department shall maintain the confidentiality of information provided to it by the State Department of Developmental Services to the same extent as if the Employment Development Department had acquired the information directly.
(z)To authorized personnel who are employed by the State Department of Social Services as necessary to enable the department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to Section 10850.6. The State Department of Social Services shall maintain the confidentiality of any information provided to it by the State Department of Developmental Services to the same extent as if the State Department of Social Services had acquired the information directly.
SEC. 2.Section 10850.6 is added to the Welfare and Institutions Code, to read:10850.6.Notwithstanding Section 10850, the State Department of Social Services shall provide the State Department of Developmental Services with CalWORKs, CalFresh, and Supplemental Security Income/State Supplementary Payment CalWORKs and CalFresh eligibility and enrollment data for consumers served by the State Department of Developmental Services for the purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy, established pursuant to Section 4689. This information shall be provided to the extent permitted under applicable federal statutes and regulations. The State Department of Developmental Services shall maintain the confidentiality of any information provided to it by the State Department of Social Services to the same extent as if the State Department of Developmental Services had acquired the information directly.
All information and records obtained in the course of providing intake, assessment, and services under Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100) to persons with developmental disabilities shall be confidential. Information and records obtained in the course of providing similar services to either voluntary or involuntary recipients prior to 1969 shall also be confidential. Information and records shall be disclosed only in any of the following cases:
(a)In communications between qualified professional persons, whether employed by a regional center or state developmental center, or not, in the provision of intake, assessment, and services or appropriate referrals. The consent of the person with a developmental disability, or his or her guardian or conservator, shall be obtained before information or records may be disclosed by regional center or state developmental center personnel to a professional not employed by the regional center or state developmental center, or a program not vendored by a regional center or state developmental center.
(b)When the person with a developmental disability, who has the capacity to give informed consent, designates individuals to whom information or records may be released, except that this chapter shall not be construed to compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(c)To the extent necessary for a claim, or for a claim or application to be made on behalf of a person with a developmental disability for aid, insurance, government benefit, or medical assistance to which he or she may be entitled.
(d)If the person with a developmental disability is a minor, dependent ward, or conservatee, and his or her parent, guardian, conservator, limited conservator with access to confidential records, or authorized representative, designates, in writing, persons to whom records or information may be disclosed, except that this chapter shall not be construed to compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(e)For research, if the Director of Developmental Services designates by regulation rules for the conduct of research and requires the research to be first reviewed by the appropriate institutional review board or boards. These rules shall include, but need not be limited to, the requirement that all researchers shall sign an oath of confidentiality as follows:
Date |
As a condition of doing research concerning persons with developmental disabilities who have received services from ____ (fill in the facility, agency or person), I, ____, agree to obtain the prior informed consent of persons who have received services to the maximum degree possible as determined by the appropriate institutional review board or boards for protection of human subjects reviewing my research, or the persons parent, guardian, or conservator, and I further agree not to divulge any information obtained in the course of the research to unauthorized persons, and not to publish or otherwise make public any information regarding persons who have received services so those persons who received services are identifiable.
I recognize that the unauthorized release of confidential information may make me subject to a civil action under provisions of the Welfare and Institutions Code.
Signed |
(f)To the courts, as necessary to the administration of justice.
(g)To governmental law enforcement agencies as needed for the protection of federal and state elective constitutional officers and their families.
(h)To the Senate Committee on Rules or the Assembly Committee on Rules for the purposes of legislative investigation authorized by the committee.
(i)To the courts and designated parties as part of a regional center report or assessment in compliance with a statutory or regulatory requirement, including, but not limited to, Section 1827.5 of the Probate Code, Sections 1001.22 and 1370.1 of the Penal Code, and Section 6502 of this code.
(j)To the attorney for the person with a developmental disability in any and all proceedings upon presentation of a release of information signed by the person, except that when the person lacks the capacity to give informed consent, the regional center or state developmental center director or designee, upon satisfying himself or herself of the identity of the attorney, and of the fact that the attorney represents the person, shall release all information and records relating to the person except that this article shall not be construed to compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(k)Upon written consent by a person with a developmental disability previously or presently receiving services from a regional center or state developmental center, the director of the regional center or state developmental center, or his or her designee, may release any information, except information that has been given in confidence by members of the family of the person with developmental disabilities, requested by a probation officer charged with the evaluation of the person after his or her conviction of a crime if the regional center or state developmental center director or designee determines that the information is relevant to the evaluation. The consent shall only be operative until sentence is passed on the crime of which the person was convicted. The confidential information released pursuant to this subdivision shall be transmitted to the court separately from the probation report and shall not be placed in the probation report. The confidential information shall remain confidential except for purposes of sentencing. After sentencing, the confidential information shall be sealed.
(l)Between persons who are trained and qualified to serve on multidisciplinary personnel teams pursuant to subdivision (d) of Section 18951. The information and records sought to be disclosed shall be relevant to the prevention, identification, management, or treatment of an abused child and his or her parents pursuant to Chapter 11 (commencing with Section 18950) of Part 6 of Division 9.
(m)When a person with a developmental disability dies from any cause, natural or otherwise, while hospitalized in a state developmental center, the State Department of Developmental Services, the physician and surgeon in charge of the client, or the professional in charge of the facility or his or her designee, shall release the patients medical record to a medical examiner, forensic pathologist, or coroner, upon request. Except for the purposes included in paragraph (8) of subdivision (b) of Section 56.10 of the Civil Code, a medical examiner, forensic pathologist, or coroner shall not disclose any information contained in the medical record obtained pursuant to this subdivision without a court order or authorization pursuant to paragraph (4) of subdivision (c) of Section 56.11 of the Civil Code.
(n)To authorized licensing personnel who are employed by, or who are authorized representatives of, the State Department of Public Health, and who are licensed or registered health professionals, and to authorized legal staff or special investigators who are peace officers who are employed by, or who are authorized representatives of, the State Department of Social Services, as necessary to the performance of their duties to inspect, license, and investigate health facilities and community care facilities, and to ensure that the standards of care and services provided in these facilities are adequate and appropriate and to ascertain compliance with the rules and regulations to which the facility is subject. The confidential information shall remain confidential except for purposes of inspection, licensing, or investigation pursuant to Chapter 2 (commencing with Section 1250) and Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, or a criminal, civil, or administrative proceeding in relation thereto. The confidential information may be used by the State Department of Public Health or the State Department of Social Services in a criminal, civil, or administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. Names that are confidential shall be listed in attachments separate to the general pleadings. The confidential information shall be sealed after the conclusion of the criminal, civil, or administrative hearings, and shall not subsequently be released except in accordance with this subdivision. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the State Department of Public Health or the State Department of Social Services decides that no further action will be taken in the matter of suspected licensing violations. Except as otherwise provided in this subdivision, confidential information in the possession of the State Department of Public Health or the State Department of Social Services shall not contain the name of the person with a developmental disability.
(o)To any board that licenses and certifies professionals in the fields of mental health and developmental disabilities pursuant to state law, when the Director of Developmental Services has reasonable cause to believe that there has occurred a violation of any law subject to the jurisdiction of a board and the records are relevant to the violation. The information shall be sealed after a decision is reached in the matter of the suspected violation, and shall not subsequently be released except in accordance with this subdivision. Confidential information in the possession of the board shall not contain the name of the person with a developmental disability.
(p)(1)To governmental law enforcement agencies by the director of a regional center or state developmental center, or his or her designee, when (A) the person with a developmental disability has been reported lost or missing or (B) there is probable cause to believe that a person with a developmental disability has committed, or has been the victim of, murder, manslaughter, mayhem, aggravated mayhem, kidnapping, robbery, carjacking, assault with the intent to commit a felony, arson, extortion, rape, forcible sodomy, forcible oral copulation, assault or battery, or unlawful possession of a weapon, as provided in any provision listed in Section 16590 of the Penal Code.
(2)This subdivision shall be limited solely to information directly relating to the factual circumstances of the commission of the enumerated offenses and shall not include any information relating to the mental state of the patient or the circumstances of his or her treatment unless relevant to the crime involved.
(3)This subdivision shall not be construed as an exception to, or in any other way affecting, the provisions of Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, or Chapter 11 (commencing with Section 15600) and Chapter 13 (commencing with Section 15750) of Part 3 of Division 9.
(q)To the Division of Juvenile Facilities and Department of Corrections and Rehabilitation or any component thereof, as necessary to the administration of justice.
(r)To an agency mandated to investigate a report of abuse filed pursuant to either Section 11164 of the Penal Code or Section 15630 of this code for the purposes of either a mandated or voluntary report or when those agencies request information in the course of conducting their investigation.
(s)When a person with developmental disabilities, or the parent, guardian, or conservator of a person with developmental disabilities who lacks capacity to consent, fails to grant or deny a request by a regional center or state developmental center to release information or records relating to the person with developmental disabilities within a reasonable period of time, the director of the regional or developmental center, or his or her designee, may release information or records on behalf of that person provided both of the following conditions are met:
(1)Release of the information or records is deemed necessary to protect the persons health, safety, or welfare.
(2)The person, or the persons parent, guardian, or conservator, has been advised annually in writing of the policy of the regional center or state developmental center for release of confidential client information or records when the person with developmental disabilities, or the persons parent, guardian, or conservator, fails to respond to a request for release of the information or records within a reasonable period of time. A statement of policy contained in the clients individual program plan shall be deemed to comply with the notice requirement of this paragraph.
(t)(1)When an employee is served with a notice of adverse action, as defined in Section 19570 of the Government Code, the following information and records may be released:
(A)All information and records that the appointing authority relied upon in issuing the notice of adverse action.
(B)All other information and records that are relevant to the adverse action, or that would constitute relevant evidence as defined in Section 210 of the Evidence Code.
(C)The information described in subparagraphs (A) and (B) may be released only if both of the following conditions are met:
(i)The appointing authority has provided written notice to the consumer and the consumers legal representative or, if the consumer has no legal representative or if the legal representative is a state agency, to the clients rights advocate, and the consumer, the consumers legal representative, or the clients rights advocate has not objected in writing to the appointing authority within five business days of receipt of the notice, or the appointing authority, upon review of the objection has determined that the circumstances on which the adverse action is based are egregious or threaten the health, safety, or life of the consumer or other consumers and without the information the adverse action could not be taken.
(ii)The appointing authority, the person against whom the adverse action has been taken, and the persons representative, if any, have entered into a stipulation that does all of the following:
(I)Prohibits the parties from disclosing or using the information or records for any purpose other than the proceedings for which the information or records were requested or provided.
(II)Requires the employee and the employees legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents or copies thereof that are no longer in the possession of the employee or the employees legal representative because they were from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final except for the actual records and documents submitted to the administrative tribunal as a component of an appeal from the adverse action.
(III)Requires the parties to submit the stipulation to the administrative tribunal with jurisdiction over the adverse action at the earliest possible opportunity.
(2)For the purposes of this subdivision, the State Personnel Board may, prior to any appeal from adverse action being filed with it, issue a protective order, upon application by the appointing authority, for the limited purpose of prohibiting the parties from disclosing or using information or records for any purpose other than the proceeding for which the information or records were requested or provided, and to require the employee or the employees legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents that are no longer in the possession of the employee or the employees legal representatives because they were submitted to the administrative tribunal as a component of an appeal from the adverse action.
(3)Individual identifiers, including, but not limited to, names, social security numbers, and hospital numbers, that are not necessary for the prosecution or defense of the adverse action, shall not be disclosed.
(4)All records, documents, or other materials containing confidential information protected by this section that have been submitted or otherwise disclosed to the administrative agency or other person as a component of an appeal from an adverse action shall, upon proper motion by the appointing authority to the administrative tribunal, be placed under administrative seal and shall not, thereafter, be subject to disclosure to any person or entity except upon the issuance of an order of a court of competent jurisdiction.
(5)For purposes of this subdivision, an adverse action becomes final when the employee fails to answer within the time specified in Section 19575 of the Government Code, or, after filing an answer, withdraws the appeal, or, upon exhaustion of the administrative appeal or of the judicial review remedies as otherwise provided by law.
(u)To the person appointed as the developmental services decisionmaker for a minor, dependent, or ward pursuant to Section 319, 361, or 726.
(v)To a protection and advocacy agency established pursuant to Section 4901, to the extent that the information is incorporated within any of the following:
(1)An unredacted facility evaluation report form or an unredacted complaint investigation report form of the State Department of Social Services. This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903.
(2)An unredacted citation report, unredacted licensing report, unredacted survey report, unredacted plan of correction, or unredacted statement of deficiency of the State Department of Public Health, prepared by authorized licensing personnel or authorized representatives described in subdivision (n). This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903.
(w)When a comprehensive assessment is conducted or updated pursuant to Section 4418.25, 4418.7, or 4648, a regional center is authorized to provide the assessment to the regional center clients rights advocate, who provides service pursuant to Section 4433.
(x)For purposes of this section, a reference to a medical examiner, forensic pathologist, or coroner means a coroner or deputy coroner, as described in subdivision (c) of Section 830.35 of the Penal Code, or a licensed physician who currently performs official autopsies on behalf of a county coroners office or a medical examiners office, whether as a government employee or under contract to that office.
(y)To authorized personnel who are employed by the Employment Development Department as necessary to enable the Employment Development Department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to subdivision (ak) of Section 1095 of the Unemployment Insurance Code. The Employment Development Department shall maintain the confidentiality of any information provided to it by the State Department of Developmental Services to the same extent as if the Employment Development Department had acquired the information directly.
(z)To authorized personnel who are employed by the State Department of Social Services as necessary to enable the department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to Section 10850.6. The State Department of Social Services shall maintain the confidentiality of any information provided to it by the State Department of Developmental Services to the same extent as if the State Department of Social Services had acquired the information directly.
SEC. 2.Section 10850.6 is added to the Welfare and Institutions Code, to read:10850.6.Notwithstanding Section 10850, the State Department of Social Services shall provide the State Department of Developmental Services with CalWORKs, CalFresh, and Supplemental Security Income/State Supplementary Payment eligibility and enrollment data for consumers served by the State Department of Developmental Services for the purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy, established pursuant to Section 4689. This information shall be provided to the extent permitted under applicable federal statutes and regulations. The State Department of Developmental Services shall maintain the confidentiality of any information provided to it by the State Department of Social Services to the same extent as if the State Department of Developmental Services had acquired the information directly.
All information and records obtained in the course of providing intake, assessment, and services under Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100) to persons with developmental disabilities shall be confidential. Information and records obtained in the course of providing similar services to either voluntary or involuntary recipients prior to 1969 shall also be confidential. Information and records shall be disclosed only in any of the following cases:
(a)In communications between qualified professional persons, whether employed by a regional center or state developmental center, or not, in the provision of intake, assessment, and services or appropriate referrals. The consent of the person with a developmental disability, or his or her guardian or conservator, shall be obtained before information or records may be disclosed by regional center or state developmental center personnel to a professional not employed by the regional center or state developmental center, or a program not vendored by a regional center or state developmental center.
(b)When the person with a developmental disability, who has the capacity to give informed consent, designates individuals to whom information or records may be released, except that this chapter shall not be construed to compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(c)To the extent necessary for a claim, or for a claim or application to be made on behalf of a person with a developmental disability for aid, insurance, government benefit, or medical assistance to which he or she may be entitled.
(d)If the person with a developmental disability is a minor, dependent ward, or conservatee, and his or her parent, guardian, conservator, limited conservator with access to confidential records, or authorized representative, designates, in writing, persons to whom records or information may be disclosed, except that this chapter shall not be construed to compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(e)For research, if the Director of Developmental Services designates by regulation rules for the conduct of research and requires the research to be first reviewed by the appropriate institutional review board or boards. These rules shall include, but need not be limited to, the requirement that all researchers shall sign an oath of confidentiality as follows:
Date |
As a condition of doing research concerning persons with developmental disabilities who have received services from ____ (fill in the facility, agency or person), I, ____, agree to obtain the prior informed consent of persons who have received services to the maximum degree possible as determined by the appropriate institutional review board or boards for protection of human subjects reviewing my research, or the persons parent, guardian, or conservator, and I further agree not to divulge any information obtained in the course of the research to unauthorized persons, and not to publish or otherwise make public any information regarding persons who have received services so those persons who received services are identifiable.
I recognize that the unauthorized release of confidential information may make me subject to a civil action under provisions of the Welfare and Institutions Code.
Signed |
(f)To the courts, as necessary to the administration of justice.
(g)To governmental law enforcement agencies as needed for the protection of federal and state elective constitutional officers and their families.
(h)To the Senate Committee on Rules or the Assembly Committee on Rules for the purposes of legislative investigation authorized by the committee.
(i)To the courts and designated parties as part of a regional center report or assessment in compliance with a statutory or regulatory requirement, including, but not limited to, Section 1827.5 of the Probate Code, Sections 1001.22 and 1370.1 of the Penal Code, and Section 6502 of this code.
(j)To the attorney for the person with a developmental disability in any and all proceedings upon presentation of a release of information signed by the person, except that when the person lacks the capacity to give informed consent, the regional center or state developmental center director or designee, upon satisfying himself or herself of the identity of the attorney, and of the fact that the attorney represents the person, shall release all information and records relating to the person except that this article shall not be construed to compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(k)Upon written consent by a person with a developmental disability previously or presently receiving services from a regional center or state developmental center, the director of the regional center or state developmental center, or his or her designee, may release any information, except information that has been given in confidence by members of the family of the person with developmental disabilities, requested by a probation officer charged with the evaluation of the person after his or her conviction of a crime if the regional center or state developmental center director or designee determines that the information is relevant to the evaluation. The consent shall only be operative until sentence is passed on the crime of which the person was convicted. The confidential information released pursuant to this subdivision shall be transmitted to the court separately from the probation report and shall not be placed in the probation report. The confidential information shall remain confidential except for purposes of sentencing. After sentencing, the confidential information shall be sealed.
(l)Between persons who are trained and qualified to serve on multidisciplinary personnel teams pursuant to subdivision (d) of Section 18951. The information and records sought to be disclosed shall be relevant to the prevention, identification, management, or treatment of an abused child and his or her parents pursuant to Chapter 11 (commencing with Section 18950) of Part 6 of Division 9.
(m)When a person with a developmental disability dies from any cause, natural or otherwise, while hospitalized in a state developmental center, the State Department of Developmental Services, the physician and surgeon in charge of the client, or the professional in charge of the facility or his or her designee, shall release the patients medical record to a medical examiner, forensic pathologist, or coroner, upon request. Except for the purposes included in paragraph (8) of subdivision (b) of Section 56.10 of the Civil Code, a medical examiner, forensic pathologist, or coroner shall not disclose any information contained in the medical record obtained pursuant to this subdivision without a court order or authorization pursuant to paragraph (4) of subdivision (c) of Section 56.11 of the Civil Code.
(n)To authorized licensing personnel who are employed by, or who are authorized representatives of, the State Department of Public Health, and who are licensed or registered health professionals, and to authorized legal staff or special investigators who are peace officers who are employed by, or who are authorized representatives of, the State Department of Social Services, as necessary to the performance of their duties to inspect, license, and investigate health facilities and community care facilities, and to ensure that the standards of care and services provided in these facilities are adequate and appropriate and to ascertain compliance with the rules and regulations to which the facility is subject. The confidential information shall remain confidential except for purposes of inspection, licensing, or investigation pursuant to Chapter 2 (commencing with Section 1250) and Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, or a criminal, civil, or administrative proceeding in relation thereto. The confidential information may be used by the State Department of Public Health or the State Department of Social Services in a criminal, civil, or administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. Names that are confidential shall be listed in attachments separate to the general pleadings. The confidential information shall be sealed after the conclusion of the criminal, civil, or administrative hearings, and shall not subsequently be released except in accordance with this subdivision. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the State Department of Public Health or the State Department of Social Services decides that no further action will be taken in the matter of suspected licensing violations. Except as otherwise provided in this subdivision, confidential information in the possession of the State Department of Public Health or the State Department of Social Services shall not contain the name of the person with a developmental disability.
(o)To any board that licenses and certifies professionals in the fields of mental health and developmental disabilities pursuant to state law, when the Director of Developmental Services has reasonable cause to believe that there has occurred a violation of any provision of law subject to the jurisdiction of a board and the records are relevant to the violation. The information shall be sealed after a decision is reached in the matter of the suspected violation, and shall not subsequently be released except in accordance with this subdivision. Confidential information in the possession of the board shall not contain the name of the person with a developmental disability.
(p)(1)To governmental law enforcement agencies by the director of a regional center or state developmental center, or his or her designee, when (1) (A) the person with a developmental disability has been reported lost or missing or (2) (B) there is probable cause to believe that a person with a developmental disability has committed, or has been the victim of, murder, manslaughter, mayhem, aggravated mayhem, kidnapping, robbery, carjacking, assault with the intent to commit a felony, arson, extortion, rape, forcible sodomy, forcible oral copulation, assault or battery, or unlawful possession of a weapon, as provided in any provision listed in Section 16590 of the Penal Code.
(2)This subdivision shall be limited solely to information directly relating to the factual circumstances of the commission of the enumerated offenses and shall not include any information relating to the mental state of the patient or the circumstances of his or her treatment unless relevant to the crime involved.
(3)This subdivision shall not be construed as an exception to, or in any other way affecting, the provisions of Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, or Chapter 11 (commencing with Section 15600) and Chapter 13 (commencing with Section 15750) of Part 3 of Division 9.
(q)To the Division of Juvenile Facilities and Department of Corrections and Rehabilitation or any component thereof, as necessary to the administration of justice.
(r)To an agency mandated to investigate a report of abuse filed pursuant to either Section 11164 of the Penal Code or Section 15630 of this code for the purposes of either a mandated or voluntary report or when those agencies request information in the course of conducting their investigation.
(s)When a person with developmental disabilities, or the parent, guardian, or conservator of a person with developmental disabilities who lacks capacity to consent, fails to grant or deny a request by a regional center or state developmental center to release information or records relating to the person with developmental disabilities within a reasonable period of time, the director of the regional or developmental center, or his or her designee, may release information or records on behalf of that person provided both of the following conditions are met:
(1)Release of the information or records is deemed necessary to protect the persons health, safety, or welfare.
(2)The person, or the persons parent, guardian, or conservator, has been advised annually in writing of the policy of the regional center or state developmental center for release of confidential client information or records when the person with developmental disabilities, or the persons parent, guardian, or conservator, fails to respond to a request for release of the information or records within a reasonable period of time. A statement of policy contained in the clients individual program plan shall be deemed to comply with the notice requirement of this paragraph.
(t)(1)When an employee is served with a notice of adverse action, as defined in Section 19570 of the Government Code, the following information and records may be released:
(A)All information and records that the appointing authority relied upon in issuing the notice of adverse action.
(B)All other information and records that are relevant to the adverse action, or that would constitute relevant evidence as defined in Section 210 of the Evidence Code.
(C)The information described in subparagraphs (A) and (B) may be released only if both of the following conditions are met:
(i)The appointing authority has provided written notice to the consumer and the consumers legal representative or, if the consumer has no legal representative or if the legal representative is a state agency, to the clients rights advocate, and the consumer, the consumers legal representative, or the clients rights advocate has not objected in writing to the appointing authority within five business days of receipt of the notice, or the appointing authority, upon review of the objection has determined that the circumstances on which the adverse action is based are egregious or threaten the health, safety, or life of the consumer or other consumers and without the information the adverse action could not be taken.
(ii)The appointing authority, the person against whom the adverse action has been taken, and the persons representative, if any, have entered into a stipulation that does all of the following:
(I)Prohibits the parties from disclosing or using the information or records for any purpose other than the proceedings for which the information or records were requested or provided.
(II)Requires the employee and the employees legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents or copies thereof that are no longer in the possession of the employee or the employees legal representative because they were from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final except for the actual records and documents submitted to the administrative tribunal as a component of an appeal from the adverse action.
(III)Requires the parties to submit the stipulation to the administrative tribunal with jurisdiction over the adverse action at the earliest possible opportunity.
(2)For the purposes of this subdivision, the State Personnel Board may, prior to any appeal from adverse action being filed with it, issue a protective order, upon application by the appointing authority, for the limited purpose of prohibiting the parties from disclosing or using information or records for any purpose other than the proceeding for which the information or records were requested or provided, and to require the employee or the employees legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents that are no longer in the possession of the employee or the employees legal representatives because they were submitted to the administrative tribunal as a component of an appeal from the adverse action.
(3)Individual identifiers, including, but not limited to, names, social security numbers, and hospital numbers, that are not necessary for the prosecution or defense of the adverse action, shall not be disclosed.
(4)All records, documents, or other materials containing confidential information protected by this section that have been submitted or otherwise disclosed to the administrative agency or other person as a component of an appeal from an adverse action shall, upon proper motion by the appointing authority to the administrative tribunal, be placed under administrative seal and shall not, thereafter, be subject to disclosure to any person or entity except upon the issuance of an order of a court of competent jurisdiction.
(5)For purposes of this subdivision, an adverse action becomes final when the employee fails to answer within the time specified in Section 19575 of the Government Code, or, after filing an answer, withdraws the appeal, or, upon exhaustion of the administrative appeal or of the judicial review remedies as otherwise provided by law.
(u)To the person appointed as the developmental services decisionmaker for a minor, dependent, or ward pursuant to Section 319, 361, or 726.
(v)To a protection and advocacy agency established pursuant to Section 4901, to the extent that the information is incorporated within any of the following:
(1)An unredacted facility evaluation report form or an unredacted complaint investigation report form of the State Department of Social Services. This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903.
(2)An unredacted citation report, unredacted licensing report, unredacted survey report, unredacted plan of correction, or unredacted statement of deficiency of the State Department of Public Health, prepared by authorized licensing personnel or authorized representatives described in subdivision (n). This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903.
(w)When a comprehensive assessment is conducted or updated pursuant to Section 4418.25, 4418.7, or 4648, a regional center is authorized to provide the assessment to the regional center clients rights advocate, who provides service pursuant to Section 4433.
(x)For purposes of this section, a reference to a medical examiner, forensic pathologist, or coroner means a coroner or deputy coroner, as described in subdivision (c) of Section 830.35 of the Penal Code, or a licensed physician who currently performs official autopsies on behalf of a county coroners office or a medical examiners office, whether as a government employee or under contract to that office.
(y)To authorized personnel who are employed by the Employment Development Department as necessary to enable the Employment Development Department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to subdivision (ak) of Section 1095 of the Unemployment Insurance Code. The Employment Development Department shall maintain the confidentiality of any information provided to it by the State Department of Developmental Services to the same extent as if the Employment Development Department had acquired the information directly.
(z)To authorized personnel who are employed by the State Department of Social Services as necessary to enable the department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to Section 10850.6. The State Department of Social Services shall maintain the confidentiality of any information provided to it by the State Department of Developmental Services to the same extent as if the State Department of Social Services had acquired the information directly.
SEC. 2.Section 10850.6 is added to the Welfare and Institutions Code, to read:10850.6.Notwithstanding the provisions of Section 10850, the State Department of Social Services shall enable provide the State Department of Developmental Services to obtain CalWORKs and CalFresh Services with CalWORKs, CalFresh, and Supplemental Security Income/State Supplementary Payment eligibility and enrollment data for consumers served by the State Department of Developmental Services for the purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy, established pursuant to Section 4689. This information shall be provided to the extent permitted under applicable federal statutes and regulations.
All information and records obtained in the course of providing intake, assessment, and services under Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100) to persons with developmental disabilities shall be confidential. Information and records obtained in the course of providing similar services to either voluntary or involuntary recipients prior to 1969 shall also be confidential. Information and records shall be disclosed only in any of the following cases:
(a)In communications between qualified professional persons, whether employed by a regional center or state developmental center, or not, in the provision of intake, assessment, and services or appropriate referrals. The consent of the person with a developmental disability, or his or her guardian or conservator, shall be obtained before information or records may be disclosed by regional center or state developmental center personnel to a professional not employed by the regional center or state developmental center, or a program not vendored by a regional center or state developmental center.
(b)When the person with a developmental disability, who has the capacity to give informed consent, designates individuals to whom information or records may be released, except that this chapter shall not be construed to compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(c)To the extent necessary for a claim, or for a claim or application to be made on behalf of a person with a developmental disability for aid, insurance, government benefit, or medical assistance to which he or she may be entitled.
(d)If the person with a developmental disability is a minor, dependent ward, or conservatee, and his or her parent, guardian, conservator, limited conservator with access to confidential records, or authorized representative, designates, in writing, persons to whom records or information may be disclosed, except that this chapter shall not be construed to compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(e)For research, if the Director of Developmental Services designates by regulation rules for the conduct of research and requires the research to be first reviewed by the appropriate institutional review board or boards. These rules shall include, but need not be limited to, the requirement that all researchers shall sign an oath of confidentiality as follows:
Date |
As a condition of doing research concerning persons with developmental disabilities who have received services from ____ (fill in the facility, agency or person), I, ____, agree to obtain the prior informed consent of persons who have received services to the maximum degree possible as determined by the appropriate institutional review board or boards for protection of human subjects reviewing my research, or the persons parent, guardian, or conservator, and I further agree not to divulge any information obtained in the course of the research to unauthorized persons, and not to publish or otherwise make public any information regarding persons who have received services so those persons who received services are identifiable.
I recognize that the unauthorized release of confidential information may make me subject to a civil action under provisions of the Welfare and Institutions Code.
Signed |
(f)To the courts, as necessary to the administration of justice.
(g)To governmental law enforcement agencies as needed for the protection of federal and state elective constitutional officers and their families.
(h)To the Senate Committee on Rules or the Assembly Committee on Rules for the purposes of legislative investigation authorized by the committee.
(i)To the courts and designated parties as part of a regional center report or assessment in compliance with a statutory or regulatory requirement, including, but not limited to, Section 1827.5 of the Probate Code, Sections 1001.22 and 1370.1 of the Penal Code, and Section 6502 of this code.
(j)To the attorney for the person with a developmental disability in any and all proceedings upon presentation of a release of information signed by the person, except that when the person lacks the capacity to give informed consent, the regional center or state developmental center director or designee, upon satisfying himself or herself of the identity of the attorney, and of the fact that the attorney represents the person, shall release all information and records relating to the person except that this article shall not be construed to compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.
(k)Upon written consent by a person with a developmental disability previously or presently receiving services from a regional center or state developmental center, the director of the regional center or state developmental center, or his or her designee, may release any information, except information that has been given in confidence by members of the family of the person with developmental disabilities, requested by a probation officer charged with the evaluation of the person after his or her conviction of a crime if the regional center or state developmental center director or designee determines that the information is relevant to the evaluation. The consent shall only be operative until sentence is passed on the crime of which the person was convicted. The confidential information released pursuant to this subdivision shall be transmitted to the court separately from the probation report and shall not be placed in the probation report. The confidential information shall remain confidential except for purposes of sentencing. After sentencing, the confidential information shall be sealed.
(l)Between persons who are trained and qualified to serve on multidisciplinary personnel teams pursuant to subdivision (d) of Section 18951. The information and records sought to be disclosed shall be relevant to the prevention, identification, management, or treatment of an abused child and his or her parents pursuant to Chapter 11 (commencing with Section 18950) of Part 6 of Division 9.
(m)When a person with a developmental disability dies from any cause, natural or otherwise, while hospitalized in a state developmental center, the State Department of Developmental Services, the physician and surgeon in charge of the client, or the professional in charge of the facility or his or her designee, shall release the patients medical record to a medical examiner, forensic pathologist, or coroner, upon request. Except for the purposes included in paragraph (8) of subdivision (b) of Section 56.10 of the Civil Code, a medical examiner, forensic pathologist, or coroner shall not disclose any information contained in the medical record obtained pursuant to this subdivision without a court order or authorization pursuant to paragraph (4) of subdivision (c) of Section 56.11 of the Civil Code.
(n)To authorized licensing personnel who are employed by, or who are authorized representatives of, the State Department of Public Health, and who are licensed or registered health professionals, and to authorized legal staff or special investigators who are peace officers who are employed by, or who are authorized representatives of, the State Department of Social Services, as necessary to the performance of their duties to inspect, license, and investigate health facilities and community care facilities, and to ensure that the standards of care and services provided in these facilities are adequate and appropriate and to ascertain compliance with the rules and regulations to which the facility is subject. The confidential information shall remain confidential except for purposes of inspection, licensing, or investigation pursuant to Chapter 2 (commencing with Section 1250) and Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, or a criminal, civil, or administrative proceeding in relation thereto. The confidential information may be used by the State Department of Public Health or the State Department of Social Services in a criminal, civil, or administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. Names that are confidential shall be listed in attachments separate to the general pleadings. The confidential information shall be sealed after the conclusion of the criminal, civil, or administrative hearings, and shall not subsequently be released except in accordance with this subdivision. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the State Department of Public Health or the State Department of Social Services decides that no further action will be taken in the matter of suspected licensing violations. Except as otherwise provided in this subdivision, confidential information in the possession of the State Department of Public Health or the State Department of Social Services shall not contain the name of the person with a developmental disability.
(o)To any board that licenses and certifies professionals in the fields of mental health and developmental disabilities pursuant to state law, when the Director of Developmental Services has reasonable cause to believe that there has occurred a violation of any provision of law subject to the jurisdiction of a board and the records are relevant to the violation. The information shall be sealed after a decision is reached in the matter of the suspected violation, and shall not subsequently be released except in accordance with this subdivision. Confidential information in the possession of the board shall not contain the name of the person with a developmental disability.
(p)(1)To governmental law enforcement agencies by the director of a regional center or state developmental center, or his or her designee, when (1) the person with a developmental disability has been reported lost or missing or (2) there is probable cause to believe that a person with a developmental disability has committed, or has been the victim of, murder, manslaughter, mayhem, aggravated mayhem, kidnapping, robbery, carjacking, assault with the intent to commit a felony, arson, extortion, rape, forcible sodomy, forcible oral copulation, assault or battery, or unlawful possession of a weapon, as provided in any provision listed in Section 16590 of the Penal Code.
(2)This subdivision shall be limited solely to information directly relating to the factual circumstances of the commission of the enumerated offenses and shall not include any information relating to the mental state of the patient or the circumstances of his or her treatment unless relevant to the crime involved.
(3)This subdivision shall not be construed as an exception to, or in any other way affecting, the provisions of Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, or Chapter 11 (commencing with Section 15600) and Chapter 13 (commencing with Section 15750) of Part 3 of Division 9.
(q)To the Division of Juvenile Facilities and Department of Corrections and Rehabilitation or any component thereof, as necessary to the administration of justice.
(r)To an agency mandated to investigate a report of abuse filed pursuant to either Section 11164 of the Penal Code or Section 15630 of this code for the purposes of either a mandated or voluntary report or when those agencies request information in the course of conducting their investigation.
(s)When a person with developmental disabilities, or the parent, guardian, or conservator of a person with developmental disabilities who lacks capacity to consent, fails to grant or deny a request by a regional center or state developmental center to release information or records relating to the person with developmental disabilities within a reasonable period of time, the director of the regional or developmental center, or his or her designee, may release information or records on behalf of that person provided both of the following conditions are met:
(1)Release of the information or records is deemed necessary to protect the persons health, safety, or welfare.
(2)The person, or the persons parent, guardian, or conservator, has been advised annually in writing of the policy of the regional center or state developmental center for release of confidential client information or records when the person with developmental disabilities, or the persons parent, guardian, or conservator, fails to respond to a request for release of the information or records within a reasonable period of time. A statement of policy contained in the clients individual program plan shall be deemed to comply with the notice requirement of this paragraph.
(t)(1)When an employee is served with a notice of adverse action, as defined in Section 19570 of the Government Code, the following information and records may be released:
(A)All information and records that the appointing authority relied upon in issuing the notice of adverse action.
(B)All other information and records that are relevant to the adverse action, or that would constitute relevant evidence as defined in Section 210 of the Evidence Code.
(C)The information described in subparagraphs (A) and (B) may be released only if both of the following conditions are met:
(i)The appointing authority has provided written notice to the consumer and the consumers legal representative or, if the consumer has no legal representative or if the legal representative is a state agency, to the clients rights advocate, and the consumer, the consumers legal representative, or the clients rights advocate has not objected in writing to the appointing authority within five business days of receipt of the notice, or the appointing authority, upon review of the objection has determined that the circumstances on which the adverse action is based are egregious or threaten the health, safety, or life of the consumer or other consumers and without the information the adverse action could not be taken.
(ii)The appointing authority, the person against whom the adverse action has been taken, and the persons representative, if any, have entered into a stipulation that does all of the following:
(I)Prohibits the parties from disclosing or using the information or records for any purpose other than the proceedings for which the information or records were requested or provided.
(II)Requires the employee and the employees legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents or copies thereof that are no longer in the possession of the employee or the employees legal representative because they were from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final except for the actual records and documents submitted to the administrative tribunal as a component of an appeal from the adverse action.
(III)Requires the parties to submit the stipulation to the administrative tribunal with jurisdiction over the adverse action at the earliest possible opportunity.
(2)For the purposes of this subdivision, the State Personnel Board may, prior to any appeal from adverse action being filed with it, issue a protective order, upon application by the appointing authority, for the limited purpose of prohibiting the parties from disclosing or using information or records for any purpose other than the proceeding for which the information or records were requested or provided, and to require the employee or the employees legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents that are no longer in the possession of the employee or the employees legal representatives because they were submitted to the administrative tribunal as a component of an appeal from the adverse action.
(3)Individual identifiers, including, but not limited to, names, social security numbers, and hospital numbers, that are not necessary for the prosecution or defense of the adverse action, shall not be disclosed.
(4)All records, documents, or other materials containing confidential information protected by this section that have been submitted or otherwise disclosed to the administrative agency or other person as a component of an appeal from an adverse action shall, upon proper motion by the appointing authority to the administrative tribunal, be placed under administrative seal and shall not, thereafter, be subject to disclosure to any person or entity except upon the issuance of an order of a court of competent jurisdiction.
(5)For purposes of this subdivision, an adverse action becomes final when the employee fails to answer within the time specified in Section 19575 of the Government Code, or, after filing an answer, withdraws the appeal, or, upon exhaustion of the administrative appeal or of the judicial review remedies as otherwise provided by law.
(u)To the person appointed as the developmental services decisionmaker for a minor, dependent, or ward pursuant to Section 319, 361, or 726.
(v)To a protection and advocacy agency established pursuant to Section 4901, to the extent that the information is incorporated within any of the following:
(1)An unredacted facility evaluation report form or an unredacted complaint investigation report form of the State Department of Social Services. This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903.
(2)An unredacted citation report, unredacted licensing report, unredacted survey report, unredacted plan of correction, or unredacted statement of deficiency of the State Department of Public Health, prepared by authorized licensing personnel or authorized representatives described in subdivision (n). This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903.
(w)When a comprehensive assessment is conducted or updated pursuant to Section 4418.25, 4418.7, or 4648, a regional center is authorized to provide the assessment to the regional center clients rights advocate, who provides service pursuant to Section 4433.
(x)For purposes of this section, a reference to a medical examiner, forensic pathologist, or coroner means a coroner or deputy coroner, as described in subdivision (c) of Section 830.35 of the Penal Code, or a licensed physician who currently performs official autopsies on behalf of a county coroners office or a medical examiners office, whether as a government employee or under contract to that office.
(y)To authorized personnel who are employed by the Employment Development Department as necessary to enable the Employment Development Department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to subdivision (ak) of Section 1095 of the Unemployment Insurance Code. The Employment Development Department shall maintain the confidentiality of any information provided to it by the Department of Developmental Services to the same extent as if the Employment Development Department had acquired the information directly.
(z)To authorized personnel who are employed by the State Department of Social Services as necessary to enable the department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to Section 10850.6. The State Department of Social Services shall maintain the confidentiality of any information provided to it by the State Department of Developmental Services to the same extent as if the State Department of Social Services had acquired the information directly.
SEC. 2.Section 10850.6 is added to the Welfare and Institutions Code, to read:10850.6.Notwithstanding the provisions of Section 10850, the State Department of Social Services shall enable the State Department of Developmental Services to obtain CalWORKs and CalFresh eligibility and enrollment data for consumers served by the State Department of Developmental Services for the purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy, established pursuant to Section 4689. This information shall be provided to the extent permitted under applicable federal statutes and regulations.
|
Date
|
Status
|
|---|---|
| Sep 17, 2018 | Chaptered by Secretary of State. Chapter 466, Statutes of 2018. |
| Sep 17, 2018 | Approved by the Governor. |
| Aug 30, 2018 | Enrolled and presented to the Governor at 5 p.m. |
| Aug 24, 2018 | Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 23, 2018 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 23, 2018 | Read third time. Passed. Ordered to the Senate. |
| Aug 16, 2018 | Ordered to third reading. |
| Aug 13, 2018 | From consent calendar. |
| Aug 9, 2018 | Read second time. Ordered to consent calendar. |
| Aug 8, 2018 | From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 8). |
| Aug 6, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Jun 21, 2018 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 20, 2018 | From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (June 19). |
| Jun 13, 2018 | From committee: Do pass and re-refer to Com. on P. & C.P. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 12). Re-referred to Com. on P. & C.P. |
| Jun 6, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on HUM. S. |
| May 25, 2018 | Referred to Coms. on HUM. S. and P. & C.P. |
| May 17, 2018 | In Assembly. Read first time. Held at Desk. |
| May 17, 2018 | Read third time. Passed. (Ayes 37. Noes 0.) Ordered to the Assembly. |
| May 15, 2018 | Read second time. Ordered to consent calendar. |
| May 14, 2018 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| May 4, 2018 | Set for hearing May 14. |
| Apr 25, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (April 24). Re-referred to Com. on APPR. |
| Apr 12, 2018 | Set for hearing April 24. |
| Apr 11, 2018 | From committee: Do pass and re-refer to Com. on JUD. with recommendation: To consent calendar. (Ayes 6. Noes 0.) (April 10). Re-referred to Com. on JUD. |
| Mar 5, 2018 | Set for hearing April 10. |
| Mar 1, 2018 | Referred to Coms. on HUMAN S. and JUD. |
| Feb 20, 2018 | From printer. May be acted upon on or after March 22. |
| Feb 16, 2018 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 24, 2018 | Unfinished Business SB1274 McGuire Concurrence | Senate Floor |
Passed |
|
| Aug 23, 2018 | SB 1274 McGuire Senate Third Reading By RUBIO | Assembly Floor |
Passed |
|
| Aug 8, 2018 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 19, 2018 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Privacy and Consumer Protection |
Passed |
|
| Jun 12, 2018 | Do pass and be re-referred to the Committee on [Privacy and Consumer Protection] with recommendation: To Consent Calendar | Assembly Standing Committee on Human Services |
Passed |
|
| May 17, 2018 | Consent Calendar SB1274 | Senate Floor |
Passed |
|
| Apr 24, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Judiciary |
Passed |
|
| Apr 10, 2018 | Do pass, but first be re-referred to the Committee on [Judiciary] with the recommendation: To Consent Calendar | Senate Standing Committee on Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Disability Rights California | ** Support | Aug 23, 2018 |
| Progressive Employment Concepts | ** Support | Aug 23, 2018 |
| State Council on Developmental Disabilities | ** Support | Aug 23, 2018 |
| State Council On Developmental Disabilities Arc California | ** Support | Jun 15, 2018 |
| The Arc California | ** Support | Aug 23, 2018 |
| Ucp Ca Collaboration | ** Support | Jun 8, 2018 |
| UCP California collaboration | ** Support | Aug 23, 2018 |
| Usc Ucedd | ** Support | Jun 8, 2018 |
| Usc University Center For Excellence In Developmental Disabilities | ** Support | Jun 15, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 1274
Amended:
SENATE HUMAN SERVICES COMMITTEE: 6-0, 4/10/18
AYES: Wiener, Glazer, Leyva, McGuire, Nguyen, Portantino
NO VOTE RECORDED: Berryhill
SENATE JUDICIARY COMMITTEE: 7-0, 4/24/18
AYES: Jackson, Moorlach, Anderson, Hertzberg, Monning, Stern, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 38-0, 5/17/18 (Consent)
AYES: Allen, Anderson, Atkins, Bates, Beall, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
NO VOTE RECORDED: Berryhill
ASSEMBLY FLOOR: 79-0, 8/23/18 - See last page for vote
SOURCE: State Council on Developmental Disabilities
DIGEST:
This bill requires the California Department of Social Services (CDSS) to provide information to the State Department of Developmental Services (DDS) about DDS consumers’ participation in California Work Opportunity and Responsibility for Kids (CalWORKs) and CalFresh in order to monitor and evaluate the effectiveness of the state’s Employment First Policy.
Assembly Amendments increase the privacy protections for the information shared between departments per the provisions of this bill by requiring DDS maintain the confidentiality of any information provided to it by CDSS, as it would maintain the confidentiality of any information DDS acquired directly. Assembly amendments also made changes to avoid chaptering conflicts with SB 1190 (Skinner, 2018).
Existing law:
- Establishes the Lanterman Developmental Disabilities Services Act, which states that California is responsible for providing an array of services and supports sufficiently complete to meet the needs and choices of each person with developmental disabilities, regardless of age or degree of disability, and at each stage of life, and to support their integration into the mainstream life of the community.
- Defines a “developmental disability” to mean a disability that originates before an individual attains 18 years of age which continues, or can be expected to continue, indefinitely and constitutes a substantial disability for that individual, including intellectual disability, cerebral palsy, epilepsy, and autism and related conditions, but excluding other handicapping conditions that are solely physical in nature.
- Establishes the Employment First Policy which prioritizes opportunities for integrated, competitive employment for working age individuals with developmental disabilities, regardless of the severity of their disabilities in order to enable persons with developmental disabilities to approximate the pattern of everyday living available to people without disabilities of the same age, to support the integration into the mainstream life of the community, and to bring about more independent, productive, and normal lives for the persons served.
- Defines competitive employment to mean work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.
- Establishes information sharing and confidentiality requirements for state agencies.
- Permits disclosure of information and records held by DDS in specified cases, including as necessary to enable the Employment Development Department (EDD) to provide required information to DDS, as specified. Requires EDD to maintain the confidentiality of any information provided to it by DDS to the same extent as if the EDD had acquired the information directly.
This bill:
- Includes authorized personnel within DSS among the entities to whom certain confidential information and records about individuals with developmental disabilities may be disclosed by DDS, as specified, in order to facilitate DSS's sharing of information with DDS as required by the provisions of this bill.
- Requires DSS to maintain the confidentiality of information received from DDS, as specified.
- Requires DSS to provide DDS, to the extent permitted by federal law and regulations, with CalWORKs and CalFresh eligibility and enrollment data for consumers served by DDS in order to determine the effectiveness of the Employment First Policy, as specified, by monitoring and evaluating employment outcomes.
- Requires DDS to maintain the confidentiality of information received by DSS, as specified.
- Makes amendments to avoid chaptering conflicts with SB 1190 (Skinner) of the current legislative session.
- Makes technical changes.
Background
According to the author, recent state laws have enabled the DDS to share information with the EDD in order to assess the impact of Employment First Policies. EDD data allows DDS to learn wages, industry and business names. However, the author states, “More information is required from other public social service agencies in order for the mission of the Employment First Policy to be fully implemented.”
This bill requires the CDSS to disclose data for the CalWORKs and CalFresh programs to DDS in order to identify the usage of public benefits by consumers in the DDS system.
Developmental Services
Approximately 330,000 children and adults with developmental disabilities receive services under the state’s Lanterman Act, which entitles qualifying recipients to supports throughout their lifetimes. Virtually all of these consumers live in community settings. DDS is responsible for overseeing services, however direct coordination of services is the responsibility of 21 nonprofit regional centers.
A developmental disability is a condition that originates before age 18, can be expected to continue indefinitely, and constitutes a substantial impairment in three or more areas of life activity. These may include intellectual disability, Autism Spectrum Disorders, epilepsy, cerebral palsy and other related conditions.
Employment
As of December 2017, more than half of all regional center consumers were of working age – 54.4 percent were between ages 18 and 61. About one in five consumers were between 22 and 31 years old, according to DDS-issued consumer characteristics data. Ensuring that individuals with developmental disabilities have the opportunity and path to participate in competitive integrated employment has been a priority of the state for at least a decade.
AB 287 (Beall, Chapter 231, Statutes of 2009) required the State Council on Developmental Disabilities to develop an Employment First Policy. The goal of the policy was to increase the number of people with developmental disabilities who are employed in integrated work, self-employment, and microenterprises, and the number earning at or above minimum wage. A report, released in 2011, found that 26.5 percent of working-age adults with developmental disabilities live below the federal poverty line compared with 13 percent of same-aged adults in the general population. Other findings included a need for additional supports for individuals to prepare for and maintain employment.
In 2013, AB 1041 (Chesbro, Chapter 677, Statutes of 2013) enacted the Employment First Policy, which mandates that opportunities for integrated competitive employment be given the highest priority for working age individuals with developmental disabilities, regardless of the severity of their disabilities. It required the Employment First Committee of the State Council on Developmental Disabilities to identify existing sources of consumer data that can be matched with employment data, and to recommend goals for measuring employment participation and outcomes for various consumers within the developmental services system.
Under Employment First, regional centers must provide consumers who are age 16 and older with options for integrated competitive employment, and services and supports, including postsecondary education, to enable the consumer to transition from school to work.
California Competitive Integrated Employment Blueprint for Change
In December 2014, the state departments of Education and Rehabilitation and DDS signed a memorandum of understanding to join in identifying and implementing improvements in the coordination and capacity of the service system for individuals with intellectual and developmental disabilities. The goal is to assist more individuals with developmental disabilities in becoming employed in integrated settings at competitive wages, which is consistent with the state's Employment First Policy and other federal and state laws.
Federal policy direction
The Blueprint comes as the federal government is making key policy changes through its Workforce Innovation and Opportunity Act (WIOA) and the new Home and Community Based Services (HCBS) settings rule. Under the 2014 federal WIOA statute, the state must provide five types of pre-employment transition services to students with disabilities aged 16 through 21. The WIOA substantially limits the state’s ability to facilitate sub-minimum wage work for people with developmental disabilities who are younger than age 24.
In January 2014, the federal Centers for Medicaid and Medicare Services published final regulations defining appropriate settings for individuals who receive federal HCBS funding, including more than 100,000 consumers of regional center services. The new HCBS settings rules take effect in 2022, and require individuals be integrated into their communities in work and home activities. The new guidelines are forcing substantial modifications in state-run programs, including a focus on integrated, competitive employment outcomes, specifically for students, youth, and adults with developmental disabilities.
Additionally, the Office of Disability Employment Policy, the U.S. Department of Labor and the Administration on Intellectual and Developmental Disabilities have encouraged states to adopt the Employment First philosophy. Under this approach, publicly-financed systems are encouraged to align policies, services and fiscal reimbursements to ensure community integrated employment is the priority option for youth and adults with developmental disabilities.
CalWORKs
The CalWORKs program provides cash assistance to more than 450,000 California families. CalWORKs recipients may receive employment-related services intended to move children out of poverty and help families meet basic needs. The CalWORKs program is funded with a mix of federal TANF [Temporary Assistance for Needy Families] money, state, and county funds and recipients’ households must include a child in order to be eligible and must fall below certain income and asset tests. Adults may not receive CalWORKs benefits for more than 48-months in their lifetimes. During those 48 months, adults may receive a total of 24 months of Welfare-to-Work services and activities, if they meet program requirements.
According to the CalWORKs Annual Summary dated February 2018, the average CalWORKs grant in Fiscal Year 2017-18 is projected to be $564 per month. This grant amount puts the annual household income at $6,768 per year. The Federal Poverty Guidelines for 2018 for a family of three is more than three times that – at $20,780 per year.
CalFresh
The CalFresh program provides qualified low-income households with EBT [electronic benefit transfer] cards which are used to purchase food and seeds or plants that grow food for human consumption. CalFresh is administered by CDSS at the state level and 100 percent federally funded. Eligibility standards and benefit levels are established by the federal government.
To participate in CalFresh, households must meet defined income-eligibility standards. For most households, monthly gross income must be at or below 200 percent of the Federal Poverty Level (FPL), which is $3,404 for a family of three. If the household passes the gross income test, the net income is computed. The resulting net income amount cannot exceed 100 percent of the FPL which is $1,702.
CalFresh benefit levels are based on the household size and income after certain deductions. As of October 2017, the average monthly CalFresh benefit was $286 per household and $138 per person. This means a single CalFresh recipient receives less than $5.00 per day to purchase food.
It is unclear how many consumers of regional center services may be beneficiaries of either CalFresh or CalWORKs assistance. This bill enables data sharing to identify that overlap and to assess whether competitive integrated employment leads to reductions in public benefit use by DDS consumers.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee, this bill presents minor and absorbable workload to CDSS and DDS.
State Council on Developmental Disabilities (source)
Disability Rights California
Progressive Employment Concepts
The Arc California/UCP California Collaboration
USC University Center of Excellence at Children’s Hospital Los Angeles
OPPOSITION: (Verified 8/22/18)
None received
ASSEMBLY FLOOR: 79-0, 8/23/18
AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rivas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Travis Allen
8/23/18 17:15:56
**** END ****
SENATE THIRD READING
STR Bill Id:SB 1274
Author:(McGuire)
As Amended Ver:August 16, 2018
Majority vote
SENATE VOTE: 38-0
Committee | Votes | Ayes | Noes |
Human Services | 7-0 | Rubio, Choi, Arambula, Maienschein, Reyes, Mark Stone, Thurmond |
|
Privacy | 10-0 | Chau, Kiley, Baker, Berman, Calderon, Gabriel, Irwin, Mullin, Obernolte, Reyes |
|
Appropriations | 17-0 | Gonzalez Fletcher, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Eggman, Fong, Friedman, Gallagher, Eduardo Garcia, Nazarian, Obernolte, Quirk, Reyes |
|
SUMMARY: Authorizes the Department of Social Services (DSS) and the Department of Developmental Services (DDS) to share certain data for purposes of evaluating the effectiveness of the Employment First Policy.
Specifically, this bill:
- Includes authorized personnel within DSS among the entities to whom certain confidential information and records about individuals with developmental disabilities may be disclosed by DDS, as specified, in order to facilitate DSS's sharing of information with DDS as required by the provisions of this bill.
- Requires DSS to maintain the confidentiality of information received from DDS, as specified.
- Requires DSS to provide DDS, to the extent permitted by federal law and regulations, with California Work Opportunity and Responsibility to Kids (CalWORKs) and CalFresh eligibility and enrollment data for consumers served by DDS in order to determine the effectiveness of the Employment First Policy, as specified, by monitoring and evaluating employment outcomes.
- Requires DDS to maintain the confidentiality of information received by DSS, as specified.
- Makes amendments to avoid chaptering conflicts with SB 1190 (Skinner) of the current legislative session.
- Makes technical changes.
EXISTING LAW:
- Establishes the Lanterman Developmental Disabilities Services Act, which declares California's responsibility for providing an array of services and supports to meet the needs of each person with developmental disabilities in the least restrictive environment, regardless of age or degree of disability, and to support their integration into the mainstream life of the community. (Welfare and Institutions Code Section (WIC) 4500, et seq.)
- Defines a "developmental disability" to mean a disability that originates before an individual attains 18 years of age which continues, or can be expected to continue, indefinitely and constitutes a substantial disability for that individual, including intellectual disability, cerebral palsy, epilepsy, and autism and related conditions, but excluding other handicapping conditions that are solely physical in nature. (WIC 4512)
- Establishes an Employment First Policy in California to prioritize opportunities for integrated, competitive employment for individuals with developmental disabilities, regardless of the severity of their disabilities, as specified. (WIC 4869)
- Defines "competitive employment" to mean work in the competitive labor market that is performed on a full- or part-time basis in an integrated setting and for which the employee is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid for the same or similar work performed by individuals who are not disabled. (WIC 4868 (d)(1))
- Defines "integrated employment" to mean the engagement of an employee with a disability in work in a setting usually found in the community, where interaction takes place between the employee and individuals without disabilities other than those who are providing services, to the same extent that individuals without disabilities in comparable positions interact with other persons. (WIC 4868 (d)(2))
- Allows DDS to cooperate with other departments, agencies, and institutions, in providing certain services to individuals with disabilities and in establishing, developing, and providing such programs, facilities, and services that may be necessary or desirable. (WIC 19013)
- Allows certain information and records obtained in the course of providing intake, assessment, and services to individuals with developmental disabilities to be disclosed to certain individuals, including, but not limited to, governmental law enforcement agencies, to the courts, or to a person appointed as the developmental services decision maker for a minor, dependent, or ward, among others. (WIC 4514 et seq.)
- Requires the director of the Employment Development Department (EDD) to permit the use of any information in his or her possession to the extent necessary for designated purposes including, but not limited to, enabling DDS to obtain quarterly wage data of consumers served by that department for purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy, as specified. (Unemployment Insurance Code Section (UIC) 1095 (ak))
- Establishes under federal law the Temporary Assistance for Needy Families (TANF) program to provide aid and welfare-to-work services to eligible families and, in California, provides that TANF funds for welfare-to-work services are administered through the CalWORKs program. (42 United States Code Section (U.S.C.) 601 et seq., WIC 11200 et seq.)
- Establishes under federal law the Supplemental Nutrition Assistance Program (SNAP) pursuant to the Food Stamp Act of 1964 and establishes, in California statute, the CalFresh program to administer the provision of federal SNAP benefits to families and individuals meeting certain criteria, as specified. (7 U.S.C. 2011 et seq., WIC 18900 et seq.)
- Establishes information sharing and confidentiality requirements for state agencies. (Government Code Section (GOV) 100504(a)(8))
FISCAL EFFECT: According to the Assembly Appropriations Committee on August 8, 2018, this bill may result in minor and absorbable workload to DSS and DDS.
COMMENTS:
Public assistance programs: Nearly eight million Californians, or one in five residents, cannot afford to support themselves and their families, according to the Supplemental Poverty Measure (SPM). As such, California has the highest poverty rate in the country due largely in part to the state's high cost of living. To assist low-income, eligible individuals, California operates several state and federally funded programs, including:
CalWORKs: Created by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the TANF program provides monthly income assistance and services aimed at increasing employment of recipients in order to move children and families out of poverty. California's TANF program, known as CalWORKs, receives federal funds and seeks to help families meet basic needs. The maximum monthly grant for a family of three living in a high cost county is $714, or $7.93 per family member, per day. A family of three receiving CalWORKs therefore has an annual household income of $8,568, which is 41% of the poverty level. Federal Poverty Guidelines for 2018 specify that the poverty threshold for a family of three is $20,780 per year. According to DSS, during 2016-17, there were 452,770 CalWORKs cases on average each month.
CalFresh: Funded entirely by the federal government through the SNAP program, CalFresh eligibility requirements are set by the United States Department of Agriculture for SNAP programs across the country. These requirements include gross and net income tests, work requirements, and documentation requirements. While the maximum allowable gross income is 200% of the Federal Poverty Level (FPL), certain households, including those with elderly or disabled members, are not subject to gross income criteria. Instead, these households must have a net monthly income at or below 100% of the FPL. While federal, state, and county governments share in the administrative costs of CalFresh, the program is administered locally by county human services agencies. According to data provided by DSS, an average of 4.1 million Californians living in 2.0 million households received CalFresh benefits each month in federal fiscal year 2017. As of October 1, 2017, the maximum CalFresh benefit for a one-person household was $192, or $6.19 per day. On average, participants received $136 per month per person, or $4.39 per day.
Developmental Services: In 1969, The Lanterman Developmental Disabilities Act established that individuals with developmental disabilities and their families have a right to receive the necessary supports and services required to live independently in the community. The Lanterman Act enumerates the rights of individuals with developmental disabilities, as well as the rights of their families, what services and supports are available to these individuals, and how regional centers and service providers work together to provide these supports and services. The term "developmental disability" is defined as a disability that originates before a person reaches 18 years of age, is expected to continue indefinitely, and is a significant disability for those individuals; such disabilities include, among others: epilepsy, autism spectrum disorder, and cerebral palsy. In addition to establishing the rights of individuals, the Lanterman Act also created California's regional center system comprised of 21 regional centers throughout the state whose primary purpose is to connect individuals with services in the community. While regional centers do not directly provide services to individuals and their families, they are charged with providing information and coordinating the delivery of services to consumers. According to data provided by DDS, regional centers served 334,188 individuals as of April 2018.
Employment rates among regional center consumers: In 2011, 8,400 regional center clients were surveyed and asked whether they were employed, and if they were, how much they earned per hour. The average wage for individuals working in an integrated setting was $9.89 per hour, while individuals working in small groups earned $6.24 per hour. According to EDD, in 2015, 13.6% of individuals with developmental disabilities were employed, compared to 75.7% of the general population. To combat low employment rates among regional center consumers, in 2013, California adopted an Employment First Policy, which is "the policy of the state that opportunities for competitive, integrated employment shall be given the highest priority for working age individuals with developmental disabilities, regardless of the severity of their disabilities." By adopting AB 1041 (Chesbro), Chapter 677, Statutes of 2013, California became the 12th state to adopt an Employment First Policy.
Competitive Integrated Employment (CIE) Blueprint: In order to advance the Employment First Policy, in December 2014, the Department of Rehabilitation (DOR), California Department of Education (CDE), and DDS entered into an agreement to make employment in an integrated setting, at a competitive wage, for individuals with intellectual or developmental disabilities (ID/DD) a priority. The departments formed an interagency workgroup in February 2015 to begin development of a blueprint in order to identify changes in policies, practices, or regulations that support achievement of competitive integrated employment outcomes for individuals with ID/DD over a five-year period. Finalized in the Fall of 2016, the Blueprint draft was finalized and enumerated the overall goals of the Blueprint, such as: improving collaboration and coordination between the three departments to prepare and support all individuals with ID/DD who choose CIE; increasing opportunities for individuals with ID/DD who choose CIE to prepare for and participate in the California workforce development system and achieve CIE with existing resources; and supporting the availability of individuals with ID/DD to make informed choices, adequately prepare for, transition to, and engage in CIE. The Blueprint was finalized and released in May 2017 and implementation of the Blueprint is currently underway.
To evaluate the effectiveness of the Employment First Policy for individuals with ID/DD, AB 1696 (Committee on Insurance), Chapter 417, Statutes of 2017, was chaptered in 2017 and authorized DDS and EDD to share certain data, including information related to wages, to enable DDS to further the goals of the Employment First Policy. Similar to the goals of AB 1696, the provisions of this bill seek to allow data sharing between DSS and DDS in order to evaluate the effectiveness of the Employment First Policy on individuals with ID/DD and who also receive public benefits. The number of regional center consumers who are eligible for benefits under the CalWORKs, CalFresh, and SSI/SSP programs is currently unknown.
Need for this bill: According to the author, "Recent state laws have enabled DDS to share information with EDD in order to assess the impact of the Employment First Policy. EDD data allow DDS to learn wages, industry and business names. However, more information is required from other public social service agencies in order for the mission of the Employment First Policy to be fully implemented. [This bill] will help improve employment opportunities for Californians with intellectual and developmental disabilities by authorizing data sharing capabilities between DSS and DDS for purposes of furthering the mission of California's Employment First Policy."
PRIOR LEGISLATION:
AB 1696 (Committee on Insurance), Chapter 417, Statutes of 2017, required the director of EDD to permit the use of information in his or her possession to enable the director of DDS to obtain quarterly wage data of consumers served by DDS for purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy.
SB 433 (Mendoza) of the current legislative session, as introduced, would have authorized the sharing of data between the Employment Development Department (EDD) and DDS in order to further facilitate the effectiveness of the Employment First Policy. This bill was substantially amended on September 8, 2017, and relates to gas corporations and zero-carbon gas. It is currently in the Assembly Utilities and Energy Committee.
AB 1041 (Chesbro), Chapter 677, Statutes of 2013, created a statewide Employment First Policy and set forth requirements related to the inclusion of employment opportunities and services in a regional center consumer's individual program plan (IPP).
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089 FN: 0003991
SENATE THIRD READING
STR Bill Id:SB 1274
Author:(McGuire)
As Amended Ver:August 6, 2018
Majority vote
SENATE VOTE: 38-0
Committee | Votes | Ayes | Noes |
Human Services | 7-0 | Rubio, Choi, Arambula, Maienschein, Reyes, Mark Stone, Thurmond | |
Privacy | 10-0 | Chau, Kiley, Baker, Berman, Calderon, Gabriel, Irwin, Mullin, Obernolte, Reyes | |
Appropriations | 17-0 | Gonzalez Fletcher, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Eggman, Fong, Friedman, Gallagher, Eduardo Garcia, Nazarian, Obernolte, Quirk, Reyes |
SUMMARY: Authorizes the Department of Social Services (DSS) and the Department of Developmental Services (DDS) to share certain data for purposes of evaluating the effectiveness of the Employment First Policy.
Specifically, this bill:
- Includes authorized personnel within DSS among the entities to whom certain confidential information and records about individuals with developmental disabilities may be disclosed by DDS, as specified, in order to facilitate DSS’s sharing of information with DDS as required by the provisions of this bill.
- Requires DSS to maintain the confidentiality of information received from DDS, as specified.
- Requires DSS to provide DDS, to the extent permitted by federal law and regulations, with California Work Opportunity and Responsibility to Kids (CalWORKs) and CalFresh eligibility and enrollment data for consumers served by DDS in order to determine the effectiveness of the Employment First Policy, as specified, by monitoring and evaluating employment outcomes.
- Requires DDS to maintain the confidentiality of information received by DSS, as specified.
- Makes technical changes.
EXISTING LAW:
- Establishes the Lanterman Developmental Disabilities Services Act, which declares California’s responsibility for providing an array of services and supports to meet the needs of each person with developmental disabilities in the least restrictive environment, regardless of age or degree of disability, and to support their integration into the mainstream life of the community. (WIC 4500, et seq.)
- Defines a "developmental disability" to mean a disability that originates before an individual attains 18 years of age which continues, or can be expected to continue, indefinitely and constitutes a substantial disability for that individual, including intellectual disability, cerebral palsy, epilepsy, and autism and related conditions, but excluding other handicapping conditions that are solely physical in nature. (WIC 4512)
- Establishes an Employment First Policy in California to prioritize opportunities for integrated, competitive employment for individuals with developmental disabilities, regardless of the severity of their disabilities, as specified. (WIC 4869)
- Defines "competitive employment" to mean work in the competitive labor market that is performed on a full- or part-time basis in an integrated setting and for which the employee is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid for the same or similar work performed by individuals who are not disabled. (WIC 4868 (d)(1))
- Defines "integrated employment" to mean the engagement of an employee with a disability in work in a setting usually found in the community, where interaction takes place between the employee and individuals without disabilities other than those who are providing services, to the same extent that individuals without disabilities in comparable positions interact with other persons. (WIC 4868 (d)(2))
- Allows DDS to cooperate with other departments, agencies, and institutions, in providing certain services to individuals with disabilities and in establishing, developing, and providing such programs, facilities, and services that may be necessary or desirable. (WIC 19013)
- Allows certain information and records obtained in the course of providing intake, assessment, and services to individuals with developmental disabilities to be disclosed to certain individuals, including, but not limited to, governmental law enforcement agencies, to the courts, or to a person appointed as the developmental services decision maker for a minor, dependent, or ward, among others. (WIC 4514 et seq.)
- Requires the director of the Employment Development Department (EDD) to permit the use of any information in his or her possession to the extent necessary for designated purposes including, but not limited to, enabling DDS to obtain quarterly wage data of consumers served by that department for purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy, as specified. (UIC 1095 (ak))
- Establishes under federal law the Temporary Assistance for Needy Families (TANF) program to provide aid and welfare-to-work services to eligible families and, in California, provides that TANF funds for welfare-to-work services are administered through the CalWORKs program. (42 United States Code Section (U.S.C.) 601 et seq., WIC 11200 et seq.)
- Establishes under federal law the Supplemental Nutrition Assistance Program (SNAP) pursuant to the Food Stamp Act of 1964 and establishes, in California statute, the CalFresh program to administer the provision of federal SNAP benefits to families and individuals meeting certain criteria, as specified. (7 U.S.C. 2011 et seq., WIC 18900 et seq.)
- Establishes information sharing and confidentiality requirements for state agencies. (GOV 100504(a)(8))
FISCAL EFFECT: According to the Assembly Appropriations Committee on August 8, 2018, this bill may result in minor and absorbable workload to DSS and DDS.
COMMENTS:
Public assistance programs: Nearly 8 million Californians, or one in five residents, cannot afford to support themselves and their families, according to the Supplemental Poverty Measure (SPM). As such, California has the highest poverty rate in the country due largely in part to the state’s high cost of living. To assist low-income, eligible individuals, California operates several state and federally funded programs, including:
CalWORKs: Created by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the TANF program provides monthly income assistance and services aimed at increasing employment of recipients in order to move children and families out of poverty. California’s TANF program, known as CalWORKs, receives federal funds and seeks to help families meet basic needs. The maximum monthly grant for a family of three living in a high cost county is $714, or $7.93 per family member, per day. A family of three receiving CalWORKs therefore has an annual household income of $8,568, which is 41% of the poverty level. Federal Poverty Guidelines for 2018 specify that the poverty threshold for a family of three is $20,780 per year. According to DSS, during 2016-17, there were 452,770 CalWORKs cases on average each month.
CalFresh: Funded entirely by the federal government through the SNAP program, CalFresh eligibility requirements are set by the United States Department of Agriculture for SNAP programs across the country. These requirements include gross and net income tests, work requirements, and documentation requirements. While the maximum allowable gross income is 200% of the Federal Poverty Level (FPL), certain households, including those with elderly or disabled members, are not subject to gross income criteria. Instead, these households must have a net monthly income at or below 100% of the FPL. While federal, state, and county governments share in the administrative costs of CalFresh, the program is administered locally by county human services agencies. According to data provided by DSS, an average of 4.1 million Californians living in 2.0 million households received CalFresh benefits each month in federal fiscal year 2017. As of October 1, 2017, the maximum CalFresh benefit for a one-person household was $192, or $6.19 per day. On average, participants received $136 per month per person, or $4.39 per day.
Developmental Services: In 1969, The Lanterman Developmental Disabilities Act established that individuals with developmental disabilities and their families have a right to receive the necessary supports and services required to live independently in the community. The Lanterman Act enumerates the rights of individuals with developmental disabilities, as well as the rights of their families, what services and supports are available to these individuals, and how regional centers and service providers work together to provide these supports and services. The term "developmental disability" is defined as a disability that originates before a person reaches 18 years of age, is expected to continue indefinitely, and is a significant disability for those individuals; such disabilities include, among others: epilepsy, autism spectrum disorder, and cerebral palsy. In addition to establishing the rights of individuals, the Lanterman Act also created California’s regional center system comprised of 21 regional centers throughout the state whose primary purpose is to connect individuals with services in the community. While regional centers do not directly provide services to individuals and their families, they are charged with providing information and coordinating the delivery of services to consumers. According to data provided by DDS, regional centers served 334,188 individuals as of April 2018.
Employment rates among regional center consumers: In 2011, 8,400 regional center clients were surveyed and asked whether they were employed, and if they were, how much they earned per hour. The average wage for individuals working in an integrated setting was $9.89 per hour, while individuals working in small groups earned $6.24 per hour. According to EDD, in 2015, 13.6% of individuals with developmental disabilities were employed, compared to 75.7% of the general population. To combat low employment rates among regional center consumers, in 2013, California adopted an Employment First Policy, which is "the policy of the state that opportunities for competitive, integrated employment shall be given the highest priority for working age individuals with developmental disabilities, regardless of the severity of their disabilities." By adopting AB 1041 (Chesbro), Chapter 677, Statutes of 2013, California became the 12th state to adopt an Employment First Policy.
Competitive Integrated Employment (CIE) Blueprint: In order to advance the Employment First Policy, in December 2014, the Department of Rehabilitation (DOR), California Department of Education (CDE), and DDS entered into an agreement to make employment in an integrated setting, at a competitive wage, for individuals with intellectual or developmental disabilities (ID/DD) a priority. The departments formed an interagency workgroup in February 2015 to begin development of a blueprint in order to identify changes in policies, practices, or regulations that support achievement of competitive integrated employment outcomes for individuals with ID/DD over a five-year period. Finalized in the Fall of 2016, the Blueprint draft was finalized and enumerated the overall goals of the Blueprint, such as: improving collaboration and coordination between the three departments to prepare and support all individuals with ID/DD who choose CIE; increasing opportunities for individuals with ID/DD who choose CIE to prepare for and participate in the California workforce development system and achieve CIE with existing resources; and supporting the availability of individuals with ID/DD to make informed choices, adequately prepare for, transition to, and engage in CIE. The Blueprint was finalized and released in May 2017 and implementation of the Blueprint is currently underway.
To evaluate the effectiveness of the Employment First Policy for individuals with ID/DD, AB 1696 (Committee on Insurance), Chapter 417, Statutes of 2017, was chaptered in 2017 and authorized DDS and EDD to share certain data, including information related to wages, to enable DDS to further the goals of the Employment First Policy. Similar to the goals of AB 1696, the provisions of this bill seek to allow data sharing between DSS and DDS in order to evaluate the effectiveness of the Employment First Policy on individuals with ID/DD and who also receive public benefits. The number of regional center consumers who are eligible for benefits under the CalWORKs, CalFresh, and SSI/SSP programs is currently unknown.
Need for this bill: According to the author, "Recent state laws have enabled DDS to share information with EDD in order to assess the impact of the Employment First Policy. EDD data allow DDS to learn wages, industry and business names. However, more information is required from other public social service agencies in order for the mission of the Employment First Policy to be fully implemented. [This bill] will help improve employment opportunities for Californians with intellectual and developmental disabilities by authorizing data sharing capabilities between DSS and DDS for purposes of furthering the mission of California’s Employment First Policy."
PRIOR LEGISLATION:
AB 1696 (Committee on Insurance), Chapter 417, Statutes of 2017, required the director of EDD to permit the use of information in his or her possession to enable the director of DDS to obtain quarterly wage data of consumers served by DDS for purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy.
SB 433 (Mendoza) of the current legislative session, as introduced, would have authorized the sharing of data between the Employment Development Department (EDD) and DDS in order to further facilitate the effectiveness of the Employment First Policy. This bill was substantially amended on September 8, 2017, and relates to gas corporations and zero-carbon gas. It is currently in the Assembly Utilities and Energy Committee.
AB 1041 (Chesbro), Chapter 677, Statutes of 2013, created a statewide Employment First Policy and set forth requirements related to the inclusion of employment opportunities and services in a regional center consumer's individual program plan (IPP).
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089 FN: 0003964
Date of Hearing: August 8, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 1274
Author:(McGuire) – As Amendedugust Ver:August 6, 2018
Policy Committee: | Human Services | Vote: | 7 - 0 |
Privacy and Consumer Protection | 10 - 0 | ||
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill authorizes the Department of Social Services (DSS) and the Department of Developmental Services (DDS) to share certain data for purposes of evaluating the effectiveness of the Employment First Policy. Specifically, this bill:
- Includes authorized personnel within DSS among the entities to whom certain confidential information and records about individuals with developmental disabilities may be disclosed by DDS, as specified, in order to facilitate DSS’s sharing of information with DDS as required by the provisions of this bill.
- Requires DSS to maintain the confidentiality of information received from DDS, as specified.
- Requires DSS to provide DDS, to the extent permitted by federal law and regulations, with California Work Opportunity and Responsibility to Kids (CalWORKs) and CalFresh eligibility and enrollment data for consumers served by DDS in order to determine the effectiveness of the Employment First Policy, as specified, by monitoring and evaluating employment outcomes.
- Contains chaptering out amendments to resolve conflicts with SB 853 (Committee on Budget and Fiscal Review, Chapter 50, Statutes of 2018).
FISCAL EFFECT:
Minor and absorbable workload to DSS and DDS.
COMMENTS:
- Purpose. This bill seeks to improve employment opportunities for persons with intellectual and developmental disabilities (ID/DD). According to the author:
Recent state laws have enabled DDS to share information with [the Employment Development Department] EDD in order to assess the impact of the Employment First Policy. EDD data allow DDS to learn wages, industry and business names. However, more information is required from other public social service agencies in order for the mission of the Employment First Policy to be fully implemented. [This bill] will help improve employment opportunities for Californians with intellectual and developmental disabilities by authorizing data sharing capabilities between DSS and DDS for purposes of furthering the mission of California’s Employment First Policy.
- Background. To combat low employment rates among regional center consumers, in 2013, California adopted an Employment First Policy which states that opportunities for competitive, integrated employment be given the highest priority for working-age individuals with developmental disabilities, regardless of the severity of their disabilities.
In order to advance the Employment First Policy, in December 2014, the Department of Rehabilitation (DOR), California Department of Education (CDE), and DDS entered into an agreement to prioritize employment in an integrated setting, at a competitive wage, for individuals with ID/DD. The departments formed an interagency workgroup in February 2015 to begin development of a blueprint to identify changes in policies, practices, or regulations that support achievement of competitive integrated employment outcomes for individuals with ID/DD over a five-year period. The blueprint was finalized and released in May 2017, and implementation of the blueprint is currently underway.
To further the goals and evaluate the effectiveness of the Employment First Policy for individuals with ID/DD, the Legislature and the governor authorized DDS and EDD to share certain data, including information related to wages. The provisions of this bill seek to allow data sharing between DSS and DDS in order to evaluate the effectiveness of the Employment First Policy on individuals with ID/DD who also receive public benefits. The number of regional center consumers who are eligible for benefits under the CalWORKs and CalFresh programs is currently unknown.
- Prior Legislation.
AB 1696 (Committee on Insurance), Chapter 417, Statutes of 2017, among other things, required the director of EDD to permit the use of information in his or her possession to enable the director of DDS to obtain quarterly wage data of consumers served by DDS for purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy.
AB 1041 (Chesbro), Chapter 677, Statutes of 2013, created a statewide Employment First Policy and set forth requirements related to the inclusion of employment opportunities and services in a regional center consumer's individual program plan (IPP).
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: June 19, 2018
ASSEMBLY COMMITTEE ON PRIVACY AND CONSUMER PROTECTION
Ed Chau, Chair
SBPCA Bill Id:SB 1274
Author:(McGuire) – As Amended Ver:June 6, 2018
SENATE VOTE: 38-0
SUBJECT: Developmental services: data exchange
SUMMARY: Authorizes the Department of Social Services (DSS) and the Department of Developmental Services (DDS) to share certain data for purposes of evaluating the effectiveness of the Employment First Policy. Specifically, this bill would:
- Include authorized personnel within DSS among the entities to whom DDS may disclose certain confidential information and records about individuals with developmental disabilities, as specified, in order to facilitate DSS’s sharing of information with DDS as required by the provisions of this bill.
- Require DSS to maintain the confidentiality of information received from DDS, as specified.
- Require DSS to provide DDS, to the extent permitted by federal law and regulations, with California Work Opportunity and Responsibility to Kids (CalWORKs), CalFresh, and Supplemental Security Income/State Supplementary Payment (SSI/SSP) eligibility and enrollment data for consumers served by DDS in order to determine the effectiveness of the Employment First Policy, as specified, by monitoring and evaluating employment outcomes.
4) Make various non-substantive, technical changes.
EXISTING LAW:
- Establishes the Lanterman Developmental Disabilities Services Act, which states that California is responsible for providing an array of services and supports sufficiently complete to meet the needs and choices of each person with developmental disabilities, regardless of age or degree of disability, and at each stage of life, and to support their integration into the mainstream life of the community. (Welf. & Inst. Code Sec. 4500 et seq.)
- Establishes a system of nonprofit Regional Centers, overseen by DDS, to provide fixed points of contact in the community for all persons with developmental disabilities and their families, to coordinate services and supports best suited to them throughout their lifetime. (Welf. & Inst. Code Sec. 4620.)
- Establishes an Individual Program Plan (IPP) and defines that planning process as the vehicle to ensure that services and supports are customized to meet the needs of consumers who are served by regional centers. (Welf. & Inst. Code Sec. 4512.)
- Establishes an Individual Habilitation Services Plan and specifies areas in which consumers must meet individual employment goals. (Welf. & Inst. Code Secs. 4853 and 4854.)
- Establishes the Employment First Policy which prioritizes opportunities for integrated, competitive employment for working age individuals with developmental disabilities, regardless of the severity of their disabilities in order to enable persons with developmental disabilities to approximate the pattern of everyday living available to people without disabilities of the same age, to support the integration into the mainstream life of the community, and to bring about more independent, productive, and normal lives for the persons served. (Welf. & Inst. Code Sec. 4869(a)(1).)
- Requires the information and records obtained in the course of provided intake, assessment, and services to persons with developmental disabilities be kept confidential and permits the disclosure of such information and records held by the DDS only in specified cases, as provided. (Welf. & Inst. Code Sec. 4514.)
- Permits DDS to provide information and records to authorized personnel employed by the Employment Development Department (EDD), as necessary to enable the EDD to provide information to DDS. Additionally requires EDD to maintain the confidentiality of any information provided to it by DDS to the same extent as if EDD has acquired the information directly. (Welf. & Inst. Code Sec. 4514(y).)
- Provides that all applications and records concerning any individual made or kept by any public officer or agency in connection with the administration of any form of public social services for which grants-in-aid are received by California from the United States government shall be confidential, and shall not be open to examination for any purpose not directly connected with the administration of that program, except as provided. (Welf. & Inst. Code Sec. 10850.)
- Provides that applications and records containing information related to public social services may be shared with other public agencies to the extent required for verifying eligibility or for other purposes directly connected with the administration of public social services, or to county superintendents of schools or superintendents of school districts only as necessary for the administration of federally assisted programs providing assistance in cash or in-kind or services directly to individuals on basis of need. (Welf. & Inst. Code Sec. 10850(d).)
- Defines a “developmental disability” to mean a disability that originates before an individual attains 18 years of age which continues, or can be expected to continue, indefinitely and constitutes a substantial disability for that individual, including intellectual disability, cerebral palsy, epilepsy, and autism and related conditions, but excluding other handicapping conditions that are solely physical in nature. (Welf. & Inst. Code Sec. 4512.)
- Defines competitive employment to mean work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled. (Welf. & Inst. Code Sec. 4868(d).)
FISCAL EFFECT: The Senate Appropriations Committee found, pursuant to Senate Rule 28.8, that any additional state costs are not significant, and do not and will not require the appropriation of additional state funds, and that the bill will cause no significant reduction in revenues.
COMMENTS:
- Purpose of the bill: This bill seeks to improve information sharing between DSS and DDS for the purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy, which serves developmentally disabled Californians. This bill is sponsored by the State Council on Developmental Disabilities.
- Author’s statement: According to the author, “Existing law still prohibits the Department of Social Services (DSS) from disclosing records and information concerning their programs, except for administering public social services. While data from EDD has provided valuable new insight, additional data from the Department of Social Services’ California Work Opportunity and Responsibility to Kids (CalWORKs), as well as CalFresh programs is required to fully understand how California’s Employment First Policy is improving outcomes for persons with I/DD[intellectual and developmental disabilities].
SB 1274 will require the DSS to disclose eligibility and enrollment data for the CalWORKs and CalFresh programs to the Department of Developmental Services to assist in the implementation of the Employment First Policy by allowing for a more detailed flow of information through a detailed sharing process that protects each individual’s privacy.
By obtaining better data, the Employment First Committee can analyze trends and develop more effective strategies to improve employment opportunities for Californians with I/DD.”
- Services for people with intellectual and developmental disabilities: “I/DD” means any one of a number of disabilities that originate before an individual reaches 18 years of age, is expected to continue indefinitely, and constitutes a substantial disability for that individual. It includes intellectual disabilities, cerebral palsy, epilepsy, and autism spectrum disorders. Other developmental disabilities are those disabling conditions similar to an intellectual disability that require treatment (i.e., care and management) similar to that required by individuals with an intellectual disability.
DDS and the regional center system support about 252,200 working-age people with developmental disabilities, including intellectual disabilities. Services for people with I/DD are governed by the Lanterman Act which gives people with I/DD the right to treatment and habilitation services in the least restrictive environment, which allows people with I/DD to live more independent and productive lives in the community as compared to the routine institutionalization of people with I/DD, which occurred up until the Lanterman Act was passed in 1973.
- Employment for people with intellectual and developmental disabilities: In recent years, the Legislature has focused on providing better employment opportunities for persons with I/DD. The state’s Employment First Policy, which was established by the Legislature in 2013, directs the state to make the creation of job opportunities for individuals with I/DD a clear priority. State law also directs the State Council on Developmental Disabilities to form a standing Employment First Committee to oversee effective employment first policies in California.
However, a 2016 report showed bleak employment results for this population. Specifically, the report found that there is over a 60 percent point difference between employment rates for the general population and those with developmental disabilities. Additionally, the report found below average earnings for those able to achieve employment, many appeared to be under-employed and were on average paid less or working fewer hours. Other findings included a need for additional supports for individuals to prepare for and maintain employment. (California State Council on Developmental Disabilities, The State of Employment for Californians with Developmental Disabilities, 2016, <https://scdd.ca.gov /wp-content/uploads/sites/33/2016 /09/2017.FINAL-EFC-Report-to-Legislature-July-25.pdf>[as of June 10, 2018].)
Last year, SB 433 (Mendoza, 2017) sought to improve the information available to decision makers regarding the Employment First Policy by authorizing data sharing between DDS and EDD in order to assess and implement statewide employment goals for individuals with developmental disabilities. This effort was intended to address findings by the California State Council on Developmental Disabilities on pitfalls within the existing Employment First effort, including those shared in the 2016 report. These provisions were eventually folded into AB 1692 (Committee on Insurance, Ch. 417, Stats. 2017), the Insurance Omnibus.
This bill would provide additional information for the purposes of improving the implementation of the Employment First Policy. Specifically, this bill would require DSS to disclose eligibility and enrollment data for the CalWORKS and CalFresh programs to DDS to assist DDS in the implementation of the Employment First Policy. The bill would also require DDS to share needed information with authorized employees of DSS to facilitate the sharing of CalWORKs and CalFresh eligibility and enrollment data.
- Author’s amendments to address privacy concerns: This bill would require that any information DDS provides to DSS to be maintained by DSS in the same manner as if DSS had obtained the information directly from program applicants or participants. Thus, the information received by DSS pursuant to this bill would be subject to the same confidentiality restrictions as required by existing law.
As written, however, this bill would arguably not require the converse. Specifically, this bill would not require DDS to maintain the confidentiality of the information it receives from DSS in the same manner as if DDS had obtained that information directly from program applicants or participants. Although the content information exchanged and received by the two departments may involve a large degree of overlap, the intent of this bill is to ensure that these departments may access information that they do not currently receive. Thus, this bill would arguably result in new and sensitive information being provided to DDS.
To ensure that the confidentiality of program applicants and participants personal information is maintained, the author offers the following amendment which would require DDS to treat applicant and participant information received from DSS as would be required if DDS had acquired the information directly.
Author’s amendment:
On Page 13, line 8, after “regulations” insert “, and the State Department of Developmental Services shall maintain the confidentiality of any information provided to it by the State Department of Social Services to the same extent as if the State Department of Developmental Services had acquired the information directly”
- Arguments in support: The sponsor of this bill, the State Council on Developmental Disabilities (SCDD) argues that this bill is necessary to understand how existing programs are improving outcomes for persons with developmental disabilities. SCDD writes:
Existing law prohibits the Department of Social Services from disclosing records and information concerning their programs except to agencies that administer public social services. Data from the Department of Social Services’ California Work Opportunity and Responsibility to Kids (CalWORKs) and CalFresh programs is needed to understand how California’s Employment First Policy is improving outcomes for persons with intellectual and developmental disabilities (I/DD) and impacting the utilization of public benefits. SB 1274 will require the Department of Social Services to disclose eligibility and enrollment data for the CalWORKS and CalFresh programs to the Department of Developmental Services. One of the goals of California’s Employment First Policy is to raise the percentage of the people with I/DD who work from 13.6 percent to match the California general population rate of 75.7 percent.
The University of Southern California’s University Center for Excellence in Developmental Disabilities also writes in support that it is “pleased to support SB 1274, as we are persuaded [this bill] will improve access to existing services for those with I/DD who are also in need. [We] see many patients through [our] work with patients and families who are not receiving CalWORKS / CalFresh benefits but clearly qualify. Improved communication between the agencies will only go to support our patients and their families and may improve overall quality of life.”
- Prior legislation: SB 433 (Mendoza, 2017) see Comment 4.
AB 1692 (Committee on Insurance, Ch. 417, Stats. 2017) see Comment 4.
AB 462 (Thurmond, Ch. 403, Stats. 2017) authorized the Director of EDD to share specified information with the Mental Health Services Oversight and Accountability Commission (MHSOAC) to assist the MHSOAC in fulfilling its duties under the Mental Health Services Act.
SB 577 (Pavley, Ch. 431, Stats. 2014) required, contingent upon the receipt of federal funding, DDS to conduct a four-year demonstration project regarding the impacts of community-based vocational development services on employment outcomes for regional center consumers and on purchase-of-service costs for working-age adults.
AB 1041 (Chesbro, Ch. 677, Stats. 2013) created a statewide Employment First Policy and set forth requirements related to the inclusion of employment opportunities and services in a regional center consumer’s individual program plan.
SB 287 (Beall, Ch. 231, Stats. 2009) required the State Council on Developmental Disabilities to establish a standing Employment First Committee to develop an Employment First Policy, and required the committee to report annually to the Legislature on its work and recommendations.
AB 2424 (Beall, 2008) would have established an Employment First Policy and provided for changes to the regional center’s individual program plan process to enhance opportunities for integrated work and other integrated activities for people with developmental disabilities. AB 2424 was held in the Senate Appropriations Committee.
- Double-referral: This bill was double-referred to the Assembly Human Services Committee, where it was heard on June 12, 2018, and passed on a 7-0 vote.
REGISTERED SUPPORT / OPPOSITION:
Support
State Council on Developmental Disabilities (sponsor)
Arc California
Disability Rights California
Progressive Employment Concepts
United Cerebral Palsy California Collaboration
USC University Center for Excellence in Developmental Disabilities
Opposition
None on file
Analysis Prepared by: Nichole Rapier / P. & C.P. / (916) 319-2200
Date of Hearing: June 12, 2018
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Blanca Rubio, Chair
SBPCA Bill Id:SB 1274
Author:(McGuire) – As Amended Ver:June 6, 2018
SENATE VOTE: 38-0
SUBJECT: Developmental services: data exchange
SUMMARY: Authorizes the Department of Social Services (DSS) and the Department of Developmental Services (DDS) to share certain data for purposes of evaluating the effectiveness of the Employment First Policy.
Specifically, this bill:
- Includes authorized personnel within DSS among the entities to whom certain confidential information and records about individuals with developmental disabilities may be disclosed by DDS, as specified, in order to facilitate DSS’s sharing of information with DDS as required by the provisions of this bill.
- Requires DSS to maintain the confidentiality of information received from DDS, as specified.
- Requires DSS to provide DDS, to the extent permitted by federal law and regulations, with California Work Opportunity and Responsibility to Kids (CalWORKs), CalFresh, and Supplemental Security Income/State Supplementary Payment (SSI/SSP) eligibility and enrollment data for consumers served by DDS in order to determine the effectiveness of the Employment First Policy, as specified, by monitoring and evaluating employment outcomes.
- Makes technical changes.
EXISTING LAW:
- Establishes the Lanterman Developmental Disabilities Services Act, which declares California’s responsibility for providing an array of services and supports to meet the needs of each person with developmental disabilities in the least restrictive environment, regardless of age or degree of disability, and to support their integration into the mainstream life of the community. (WIC 4500, et seq.)
- Defines a “developmental disability” to mean a disability that originates before an individual attains 18 years of age which continues, or can be expected to continue, indefinitely and constitutes a substantial disability for that individual, including intellectual disability, cerebral palsy, epilepsy, and autism and related conditions, but excluding other handicapping conditions that are solely physical in nature. (WIC 4512)
- Establishes an Employment First Policy in California to prioritize opportunities for integrated, competitive employment for individuals with developmental disabilities, regardless of the severity of their disabilities, as specified. (WIC 4869)
- Defines “competitive employment” to mean work in the competitive labor market that is performed on a full- or part-time basis in an integrated setting and for which the employee is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid for the same or similar work performed by individuals who are not disabled. (WIC 4868 (d)(1))
- Defines “integrated employment” to mean the engagement of an employee with a disability in work in a setting usually found in the community, where interaction takes place between the employee and individuals without disabilities other than those who are providing services, to the same extent that individuals without disabilities in comparable positions interact with other persons. (WIC 4868 (d)(2))
- Allows DDS to cooperate with other departments, agencies, and institutions, in providing certain services to individuals with disabilities and in establishing, developing, and providing such programs, facilities, and services that may be necessary or desirable. (WIC 19013)
- Allows certain information and records obtained in the course of providing intake, assessment, and services to individuals with developmental disabilities to be disclosed to certain individuals, including, but not limited to, governmental law enforcement agencies, to the courts, or to a person appointed as the developmental services decision maker for a minor, dependent, or ward, among others. (WIC 4514 et seq.)
- Requires the director of the Employment Development Department (EDD) to permit the use of any information in his or her possession to the extent necessary for designated purposes including, but not limited to, enabling DDS to obtain quarterly wage data of consumers served by that department for purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy, as specified. (UIC 1095 (ak))
- Establishes under federal law the Temporary Assistance for Needy Families (TANF) program to provide aid and welfare-to-work services to eligible families and, in California, provides that TANF funds for welfare-to-work services are administered through the CalWORKs program. (42 U.S.C. 601 et seq., WIC 11200 et seq.)
- Establishes under federal law the Supplemental Nutrition Assistance Program (SNAP) pursuant to the Food Stamp Act of 1964 and establishes, in California statute, the CalFresh program to administer the provision of federal SNAP benefits to families and individuals meeting certain criteria, as specified. (7 U.S.C. 2011 et seq., WIC 18900 et seq.)
- Establishes in federal law the Supplemental Security Income for the Aged, Blind, and Disabled (SSI) Program to provide cash assistance to meet the basic needs of aged and blind individuals and individuals with disabilities. (42 U.S.C. § 1381-1383(f))
- Establishes the State Supplementary Program for Aged, Blind, and Disabled, which is intended to supplement SSI and provide persons whose need results from age, blindness or disability with assistance and services that help them meet basic needs and maintain or increase independence. (WIC 12000 et seq.)
- Establishes information sharing and confidentiality requirements for state agencies. (GOV 100504(a)(8))
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, this bill will result in negligible state costs.
COMMENTS:
Public assistance programs: Nearly 8 million Californians, or one in five residents, cannot afford to support themselves and their families, according to the Supplemental Poverty Measure (SPM). As such, California has the highest poverty rate in the country due largely in part to the state’s high cost of living. To assist low-income, eligible individuals, California operates several state and federally funded programs, including:
CalWORKs: Created by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the Temporary Assistance for Needy Family (TANF) program provides monthly income assistance and services aimed at increasing employment of recipients in order to move children and families out of poverty. California’s TANF program, known as CalWORKs, receives federal funds and seeks to help families meet basic needs. The maximum monthly grant for a family of three living in a high cost county is $714, or $7.93 per family member, per day. A family of three receiving CalWORKs therefore has an annual household income of $8,568, which is 41% of the poverty level. Federal Poverty Guidelines for 2018 specify that the poverty threshold for a family of three is $20,780 per year. According to DSS, during 2016-17, there were 452,770 CalWORKs cases on average each month.
CalFresh: Funded entirely by the federal government through the SNAP program, CalFresh eligibility requirements are set by the United States Department of Agriculture for SNAP programs across the country. These requirements include gross and net income tests, work requirements, and documentation requirements. While the maximum allowable gross income is 200% of the Federal Poverty Level (FPL), certain households, including those with elderly or disabled members, are not subject to gross income criteria. Instead, these households must have a net monthly income at or below 100% of the FPL. While federal, state, and county governments share in the administrative costs of CalFresh, the program is administered locally by county human services agencies. According to data provided by DSS, an average of 4.1 million Californians living in 2.0 million households received CalFresh benefits each month in federal fiscal year 2017. As of October 1, 2017, the maximum CalFresh benefit for a one-person household was $192, or $6.19 per day. On average, participants received $136 per month per person, or $4.39 per day.
SSI/SSP: The SSI/SSP program provides a monthly cash benefit to individuals who are low-income aged, blind, and disabled. Individuals must also meet certain federal income and resource requirements. SSP is funded by the state’s General Fund, while SSI is funded by the federal government; if an individual is deemed eligible for SSI, they are automatically deemed eligible for SSP. Current maximum grant levels are $910.72 per month for an individual (of which $160.72 is SSP), though grant amounts vary among individuals depending on a number of factors, including living arrangements, marital status, and age. According to DSS, the average monthly caseload is projected to be 1,254,030 for Fiscal Year 2017-18 and the total average grant is projected to be $628.00; in FY 2018-19, the projected caseload and average grant are projected to be 1,246,147 and $640.27, respectively.
Developmental Services: In 1969, The Lanterman Developmental Disabilities Act established that individuals with developmental disabilities and their families have a right to receive the necessary supports and services required to live independently in the community. The Lanterman Act enumerates the rights of individuals with developmental disabilities, as well as the rights of their families, what services and supports are available to these individuals, and how regional centers and service providers work together to provide these supports and services. The term “developmental disability” is defined as a disability that originates before a person reaches 18 years of age, is expected to continue indefinitely, and is a significant disability for those individuals; such disabilities include, among others: epilepsy, autism spectrum disorder, and cerebral palsy. In addition to establishing the rights of individuals, the Lanterman Act also created California’s regional center system comprised of 21 regional centers throughout the state whose primary purpose is to connect individuals with services in the community. While regional centers do not directly provide services to individuals and their families, they are charged with providing information and coordinating the delivery of services to consumers. According to data provided by DDS, regional centers served 334,188 individuals as of April 2018.
Employment rates among regional center consumers: In 2011, 8,400 regional center clients were surveyed and asked whether they were employed, and if they were, how much they earned per hour. The average wage for individuals working in an integrated setting was $9.89 per hour, while individuals working in small groups earned $6.24 per hour. According to EDD, in 2015, 13.6% of individuals with developmental disabilities were employed, compared to 75.7% of the general population. To combat low employment rates among regional center consumers, in 2013, California adopted an Employment First Policy, which is “the policy of the state that opportunities for competitive, integrated employment shall be given the highest priority for working age individuals with developmental disabilities, regardless of the severity of their disabilities.” By adopting AB 1041 (Chesbro), Chapter 677, Statutes of 2013, California became the 12th state to adopt an Employment First Policy.
Competitive Integrated Employment (CIE) Blueprint: In order to advance the Employment First Policy, in December 2014, the Department of Rehabilitation (DOR), California Department of Education (CDE), and DDS entered into an agreement to make employment in an integrated setting, at a competitive wage, for individuals with intellectual or developmental disabilities (ID/DD) a priority. The departments formed an interagency workgroup in February 2015 to begin development of a blueprint in order to identify changes in policies, practices, or regulations that support achievement of competitive integrated employment outcomes for individuals with ID/DD over a five-year period. Finalized in the Fall of 2016, the Blueprint draft was finalized and enumerated the overall goals of the Blueprint, such as: improving collaboration and coordination between the three departments to prepare and support all individuals with ID/DD who choose CIE; increasing opportunities for individuals with ID/DD who choose CIE to prepare for and participate in the California workforce development system and achieve CIE with existing resources; and supporting the availability of individuals with ID/DD to make informed choices, adequately prepare for, transition to, and engage in CIE. The Blueprint was finalized and released in May 2017 and implementation of the Blueprint is currently underway.
To evaluate the effectiveness of the Employment First Policy for individuals with ID/DD, AB 1696 (Committee on Insurance), Chapter 417, Statutes of 2017, was chaptered in 2017 and authorized DDS and EDD to share certain data, including information related to wages, to enable DDS to further the goals of the Employment First Policy. Similar to the goals of AB 1696, the provisions of this bill seek to allow data sharing between DSS and DDS in order to evaluate the effectiveness of the Employment First Policy on individuals with ID/DD and who also receive public benefits. The number of regional center consumers who are eligible for benefits under the CalWORKs, CalFresh, and SSI/SSP programs is currently unknown.
Need for this bill: According to the author, “Recent state laws have enabled DDS to share information with EDD in order to assess the impact of the Employment First Policy. EDD data allow DDS to learn wages, industry and business names. However, more information is required from other public social service agencies in order for the mission of the Employment First Policy to be fully implemented. [This bill] will help improve employment opportunities for Californians with intellectual and developmental disabilities by authorizing data sharing capabilities between DSS and DDS for purposes of furthering the mission of California’s Employment First Policy.”
PRIOR LEGISLATION:
AB 1696 (Committee on Insurance), Chapter 417, Statutes of 2017, required the director of EDD to permit the use of information in his or her possession to enable the director of DDS to obtain quarterly wage data of consumers served by DDS for purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy.
SB 433 (Mendoza), 2017, as introduced, would have authorized the sharing of data between the Employment Development Department (EDD) and DDS in order to further facilitate the effectiveness of the Employment First Policy. This bill was substantially amended on September 8, 2017, and relates to gas corporations and zero-carbon gas. It is currently in the Assembly Utilities and Energy Committee.
AB 1041 (Chesbro), Chapter 677, Statutes of 2013, created a statewide Employment First Policy and set forth requirements related to the inclusion of employment opportunities and services in a regional center consumer's individual program plan (IPP).
DOUBLE REFERRAL. This bill has been double-referred. Should this bill pass out of this committee, it will be referred to the Assembly Committee on Privacy and Consumer Protection.
REGISTERED SUPPORT / OPPOSITION:
Support
Arc/UCP CA Collaboration
Disability Rights California
Progressive Employment Concepts
State Council on Developmental Disabilities, sponsor
USC UCEDD
Opposition
None on file.
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
CONSENT
Bill No: SB 1274
:
SENATE HUMAN SERVICES COMMITTEE: 6-0, 4/10/18
AYES: Wiener, Glazer, Leyva, McGuire, Nguyen, Portantino
NO VOTE RECORDED: Berryhill
SENATE JUDICIARY COMMITTEE: 7-0, 4/24/18
AYES: Jackson, Moorlach, Anderson, Hertzberg, Monning, Stern, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SOURCE: State Council on Developmental Disabilities
DIGEST:
This bill requires the California Department of Social Services (CDSS) to provide information to the State Department of Developmental Services (DDS) about DDS consumers’ participation in California Work Opportunity and Responsibility for Kids (CalWORKs) and CalFresh in order to monitor and evaluate the effectiveness of the state’s Employment First Policy.
Existing law:
- Establishes the Lanterman Developmental Disabilities Services Act, which states that California is responsible for providing an array of services and supports sufficiently complete to meet the needs and choices of each person with developmental disabilities, regardless of age or degree of disability, and at each stage of life, and to support their integration into the mainstream life of the community.
- Defines a “developmental disability” to mean a disability that originates before an individual attains 18 years of age which continues, or can be expected to continue, indefinitely and constitutes a substantial disability for that individual, including intellectual disability, cerebral palsy, epilepsy, and autism and related conditions, but excluding other handicapping conditions that are solely physical in nature.
- Establishes the Employment First Policy which prioritizes opportunities for integrated, competitive employment for working age individuals with developmental disabilities, regardless of the severity of their disabilities in order to enable persons with developmental disabilities to approximate the pattern of everyday living available to people without disabilities of the same age, to support the integration into the mainstream life of the community, and to bring about more independent, productive, and normal lives for the persons served.
- Defines competitive employment to mean work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.
- Establishes information sharing and confidentiality requirements for state agencies.
- Permits disclosure of information and records held by DDS in specified cases, including as necessary to enable the Employment Development Department (EDD) to provide required information to DDS, as specified. Requires EDD to maintain the confidentiality of any information provided to it by DDS to the same extent as if the EDD had acquired the information directly.
This bill:
- Provides that DDS may provide information and records to authorized personnel employed by the CDSS as necessary to enable CDSS to provide eligibility information to DDS.
- Requires CDSS to maintain the confidentiality of any information provided to them by DDS to the same extent as if CDSS had acquired the information directly.
- Provides that CDSS shall provide DDS with CalWORKS and CalFresh eligibility and enrollment data for consumers served by DDS for the purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy, to the extent permitted under applicable federal statutes and regulations.
Background
According to the author, recent state laws have enabled the DDS to share information with the EDD in order to assess the impact of Employment First Policies. EDD data allows DDS to learn wages, industry and business names. However, the author states, “More information is required from other public social service agencies in order for the mission of the Employment First Policy to be fully implemented.”
This bill requires the CDSS to disclose data for the CalWORKs and CalFresh programs to DDS in order to identify the usage of public benefits by consumers in the DDS system.
Developmental Services
Approximately 330,000 children and adults with developmental disabilities receive services under the state’s Lanterman Act, which entitles qualifying recipients to supports throughout their lifetimes. Virtually all of these consumers live in community settings. DDS is responsible for overseeing services, however direct coordination of services is the responsibility of 21 nonprofit regional centers.
A developmental disability is a condition that originates before age 18, can be expected to continue indefinitely, and constitutes a substantial impairment in three or more areas of life activity. These may include intellectual disability, Autism Spectrum Disorders, epilepsy, cerebral palsy and other related conditions.
Employment
As of December 2017, more than half of all regional center consumers were of working age – 54.4 percent were between ages 18 and 61. About one in five consumers were between 22 and 31 years old, according to DDS-issued consumer characteristics data. Ensuring that individuals with developmental disabilities have the opportunity and path to participate in competitive integrated employment has been a priority of the state for at least a decade.
AB 287 (Beall, Chapter 231, Statutes of 2009) required the State Council on Developmental Disabilities to develop an Employment First Policy. The goal of the policy was to increase the number of people with developmental disabilities who are employed in integrated work, self-employment, and microenterprises, and the number earning at or above minimum wage. A report, released in 2011, found that 26.5 percent of working-age adults with developmental disabilities live below the federal poverty line compared with 13 percent of same-aged adults in the general population. Other findings included a need for additional supports for individuals to prepare for and maintain employment.
In 2013, AB 1041 (Chesbro, Chapter 677, Statutes of 2013) enacted the Employment First Policy, which mandates that opportunities for integrated competitive employment be given the highest priority for working age individuals with developmental disabilities, regardless of the severity of their disabilities. It required the Employment First Committee of the State Council on Developmental Disabilities to identify existing sources of consumer data that can be matched with employment data, and to recommend goals for measuring employment participation and outcomes for various consumers within the developmental services system.
Under Employment First, regional centers must provide consumers who are age 16 and older with options for integrated competitive employment, and services and supports, including postsecondary education, to enable the consumer to transition from school to work.
California Competitive Integrated Employment Blueprint for Change
In December 2014, the state departments of Education and Rehabilitation and DDS signed a memorandum of understanding to join in identifying and implementing improvements in the coordination and capacity of the service system for individuals with intellectual and developmental disabilities. The goal is to assist more individuals with developmental disabilities in becoming employed in integrated settings at competitive wages, which is consistent with the state's Employment First Policy and other federal and state laws.
Federal policy direction
The Blueprint comes as the federal government is making key policy changes through its Workforce Innovation and Opportunity Act (WIOA) and the new Home and Community Based Services (HCBS) settings rule. Under the 2014 federal WIOA statute, the state must provide five types of pre-employment transition services to students with disabilities aged 16 through 21. The WIOA substantially limits the state’s ability to facilitate sub-minimum wage work for people with developmental disabilities who are younger than age 24.
In January 2014, the federal Centers for Medicaid and Medicare Services published final regulations defining appropriate settings for individuals who receive federal HCBS funding, including more than 100,000 consumers of regional center services. The new HCBS settings rules take effect in 2022, and require individuals be integrated into their communities in work and home activities. The new guidelines are forcing substantial modifications in state-run programs, including a focus on integrated, competitive employment outcomes, specifically for students, youth, and adults with developmental disabilities.
Additionally, the Office of Disability Employment Policy, the U.S. Department of Labor and the Administration on Intellectual and Developmental Disabilities have encouraged states to adopt the Employment First philosophy. Under this approach, publicly-financed systems are encouraged to align policies, services and fiscal reimbursements to ensure community integrated employment is the priority option for youth and adults with developmental disabilities.
CalWORKs
The CalWORKs program provides cash assistance to more than 450,000 California families. CalWORKs recipients may receive employment-related services intended to move children out of poverty and help families meet basic needs. The CalWORKs program is funded with a mix of federal TANF [Temporary Assistance for Needy Families] money, state, and county funds and recipients’ households must include a child in order to be eligible and must fall below certain income and asset tests. Adults may not receive CalWORKs benefits for more than 48-months in their lifetimes. During those 48 months, adults may receive a total of 24 months of Welfare-to-Work services and activities, if they meet program requirements.
According to the CalWORKs Annual Summary dated February 2018, the average CalWORKs grant in Fiscal Year 2017-18 is projected to be $564 per month. This grant amount puts the annual household income at $6,768 per year. The Federal Poverty Guidelines for 2018 for a family of three is more than three times that – at $20,780 per year.
CalFresh
The CalFresh program provides qualified low-income households with EBT [electronic benefit transfer] cards which are used to purchase food and seeds or plants that grow food for human consumption. CalFresh is administered by CDSS at the state level and 100 percent federally funded. Eligibility standards and benefit levels are established by the federal government.
To participate in CalFresh, households must meet defined income-eligibility standards. For most households, monthly gross income must be at or below 200 percent of the Federal Poverty Level (FPL), which is $3,404 for a family of three. If the household passes the gross income test, the net income is computed. The resulting net income amount cannot exceed 100 percent of the FPL which is $1,702.
CalFresh benefit levels are based on the household size and income after certain deductions. As of October 2017, the average monthly CalFresh benefit was $286 per household and $138 per person. This means a single CalFresh recipient receives less than $5.00 per day to purchase food.
It is unclear how many consumers of regional center services may be beneficiaries of either CalFresh or CalWORKs assistance. This bill enables data sharing to identify that overlap and to assess whether competitive integrated employment leads to reductions in public benefit use by DDS consumers.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
State Council on Developmental Disabilities (source)
Disability Rights California
Progressive Employment Concepts
The Arc California/UCP California Collaboration
USC University Center of Excellence at Children’s Hospital Los Angeles
OPPOSITION: (Verified 5/15/18)
None received
5/16/18 10:58:22
**** END ****
Senator Hannah-Beth Jackson, Chair
2017-2018 Regular Session
Bill No: SB 1274 (Author:McGuire)
Version: February 16, 2018
Hearing Date: April 24, 2018
Fiscal: Yes
Urgency: No
Consultant: MS
SUBJECT
Developmental services: data exchange
DESCRIPTION
This bill would require the State Department of Social Services to disclose eligibility and enrollment data for CalWORKS and CalFresh programs to the State Department of Developmental Services to assist that department in the implementation of the Employment First Policy, as specified, to the extent permitted under federal law and regulations.
Additionally, this bill would authorize disclosure of State Department of Developmental Services information, as necessary, to authorized employees of the State Department of Social Services to enable the State Department of Developmental Services to obtain the CalWORKS and CalFresh eligibility and enrollment data.
BACKGROUND
In 2006, the Legislature, through SB 1270 (Chesbro, Ch. 397, Stats. 2006), directed the State Council on Developmental Disabilities to seek public input on ways to expand opportunities for people with developmental disabilities in the areas of employment and community participation. The resulting report helped turn the state’s attention to improving transition planning for students with a developmental disability and ways to expand employment opportunities for those individuals. (California State Council on Developmental Disabilities with Support from the Department of Developmental Services, SB 1270 Report on Expanding Opportunities and Choice in California’s Day Program Services for Individuals with Developmental Disabilities, May 2007, <http://www.allenshea .com/documents/5-1-07SB1270FinalReport.pdf> (As of Apr. 6, 2018).
AB 287 (Beall, Ch. 231, Stats. 2009) then required the State Council on Developmental Disabilities to form a standing Employment Committee and to implement an Employment First Policy by July 1, 2011. This bill additionally required the standing Employment Committee to recommend legislative, regulatory, and policy changes to increase integrated employment, as defined, self-employment, and microenterprises for persons with developmental disabilities, as specified. AB 1041 (Chesbro, Ch. 667, Stats. 2013) built upon AB 287 and the State Council on Developmental Disabilities’ efforts by requiring each regional center to consider the policy when developing an individual program plan (IPP) for transition age youth or working age adults. The bill also required regional centers to ensure that consumers aged 16 and older are provided with information about the Employment First Policy, options for integrated competitive employment, and services and supports, including postsecondary education, that are available.
However, a 2016 report showed bleak employment results for this population. Specifically, the report found that there is over a 60 percent point difference between employment rates for the general population and those with developmental disabilities. Additionally, the report found below average earnings for those able to achieve employment, many appeared to be under-employed and were on average paid less or working fewer hours. Other findings included a need for additional supports for individuals to prepare for and maintain employment. (California State Council on Developmental Disabilities, The State of Employment for Californians with Developmental Disabilities, 2016, < https://scdd.ca.gov/wp-content/uploads/sites/33/2016 /09/2017.FINAL-EFC-Report-to-Legislature-July-25.pdf> (as of Apr. 6, 2018).
Last year, SB 433 (Mendoza, 2017) sought to improve the information available to decision makers regarding the Employment First Policy by authorizing data sharing between the Department of Developmental Services and the Employment Development Department in order to assess and implement statewide employment goals for individuals with developmental disabilities. This was an effort to address findings by the California State Council on Developmental Disabilities on pitfalls within the existing Employment First effort, including those shared in the 2016 report. These provisions were eventually folded into AB 1692 (Committee on Insurance, Ch. 417, Stats. 2017), the Insurance Omnibus.
This bill would provide additional information for the purposes of improving the implementation of the Employment First Policy. Specifically, this bill would require the State Department of Social Services (DSS) to disclose eligibility and enrollment data for the CalWORKS and CalFresh programs to the State Department of Developmental Services (DDS) to assist DDS in the implementation of the Employment First Policy. The bill would also provide for DDS to share needed information with authorized employees of DSS to facilitate the sharing of CalWORKs and CalFresh eligibility and enrollment data.
CHANGES TO EXISTING LAW
Existing law establishes the Lanterman Developmental Disabilities Services Act, which states that California is responsible for providing an array of services and supports sufficiently complete to meet the needs and choices of each person with developmental disabilities, regardless of age or degree of disability, and at each stage of life, and to support their integration into the mainstream life of the community. (Welf. & Inst. Code Sec. 4500 et seq.)
Existing law defines a “developmental disability” to mean a disability that originates before an individual attains 18 years of age which continues, or can be expected to continue, indefinitely and constitutes a substantial disability for that individual, including intellectual disability, cerebral palsy, epilepsy, and autism and related conditions, but excluding other handicapping conditions that are solely physical in nature. (Welf. & Inst. Code Sec. 4512.)
Existing law establishes a system of nonprofit Regional Centers, overseen by DDS, to provide fixed points of contact in the community for all persons with developmental disabilities and their families, to coordinate services and supports best suited to them throughout their lifetime. (Welf. & Inst. Code Sec. 4620.)
Existing law establishes an Individual Program Plan (IPP) and defines that planning process as the vehicle to ensure that services and supports are customized to meet the needs of consumers who are served by regional centers. (Welf. & Inst. Code Sec. 4512.)
Existing law establishes an Individual Habilitation Services Plan and specifies areas in which consumers must meet individual employment goals. (Welf. & Inst. Code Secs. 4853, 4854.)
Existing law establishes the Employment First Policy which prioritizes opportunities for integrated, competitive employment for working age individuals with developmental disabilities, regardless of the severity of their disabilities in order to enable persons with developmental disabilities to approximate the pattern of everyday living available to people without disabilities of the same age, to support the integration into the mainstream life of the community, and to bring about more independent, productive, and normal lives for the persons served. (Welf. & Inst. Code Sec. 4869(a)(1).)
Existing law defines competitive employment to mean work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled. (Welf. & Inst. Code Sec. 4868(d).)
Existing law requires the information and records obtained in the course of provided intake, assessment, and services to persons with developmental disabilities be kept confidential and permits the disclosure of such information and records held by the State Department of Developmental Services (DDS) only in specified cases, as provided. (Welf. & Inst. Code Sec. 4514.)
Existing law permits DDS to provide information and records to authorized personnel employed by the Employment Development Department (EDD), as necessary to enable the EDD to provide information to DDS. It also requires EDD to maintain the confidentiality of any information provided to it by DDS to the same extent as if EDD has acquired the information directly. (Welf. & Inst. Code Sec. 4514(y).)
Existing law provides that all applications and records concerning any individual made or kept by any public officer or agency in connection with the administration of any form of public social services for which grants-in-aid are received by California from the United States government shall be confidential, and shall not be open to examination for any purpose not directly connected with the administration of that program, except as provided. (Welf. & Inst. Code Sec. 10850.)
Existing law provides that applications and records containing information related to public social services may be shared with other public agencies to the extent required for verifying eligibility or for other purposes directly connected with the administration of public social services, or to county superintendents of schools or superintendents of school districts only as necessary for the administration of federally assisted programs providing assistance in cash or in-kind or services directly to individuals on basis of need. (Welf. & Inst. Code Sec. 10850(d).)
This bill would provide that DDS may provide information and records to authorized personnel employed by the State Department of Social Services (DSS) as necessary to enable DSS to provide eligibility information to DDS.
This bill would require DSS to maintain the confidentiality of any information provided to them by DDS to the same extent as if DSS had acquired the information directly.
This bill would provide that DSS shall provide DDS with CalWORKS and CalFresh eligibility and enrollment data for consumers served by DDS for the purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy, to the extent permitted under applicable federal statutes and regulations.
COMMENT
- Stated need for this bill
According to the Author:
We have now learned that last year’s legislation—AB 1696—did not go far enough, as more information is required from other public social service agencies in order for the mission of the Employment First Policy to be fully implemented.
Existing law still prohibits the Department of Social Services (DSS) from disclosing records and information concerning their programs, except for administering public social services. While data from EDD has provided valuable new insight, additional data from the Department of Social Services’ California Work Opportunity and Responsibility to Kids (CalWORKs), as well as CalFresh programs is required to fully understand how California’s Employment First Policy is improving outcomes for persons with I/DD.
SB 1274 will require the DSS to disclose eligibility and enrollment data for the CalWORKs and CalFresh programs to the Department of Developmental Services to assist in the implementation of the Employment First Policy by allowing for a more detailed flow of information through a detailed sharing process that protects each individual’s privacy.
By obtaining better data, the Employment First Committee can analyze trends and develop more effective strategies to improve employment opportunities for Californians with I/DD.
In support, the USC University Center for Excellence in Developmental Disabilities writes:
SB 1274 will require the Department of Social Services to disclose eligibility and enrollment data for the CalWORKS and CalFresh programs to the Department of Developmental Services. One of the goals of California’s Employment First Policy is to raise the percentage of the people with I/DD working, 13.6%, to match that of the general population, 75.7%, in California.
We are pleased to support SB 1274, as we are persuaded it will improve access to existing services for those with I/DD who are also in need. I see many patients through my work with patients and families who are not receiving CalWORKS/CalFresh benefits but clearly qualify. Improved communication between the agencies will only go to support our patients and their families and may improve overall quality of life.
- Need for information sharing
Existing law sets the standards under which state agencies may share information regarding the populations they serve. Currently, both the State Department of Developmental Services (DDS) and the State Department of Social Services are required to keep the information they receive through applications and the provision of services to eligible populations’ confidential, and provide for the sharing of this sensitive information only as provided in statute. (Welf. & Inst. Code Secs. 4514, 10850.) Existing law provides that these two agencies may share this information with other agencies, as provided, for the purpose of determining program eligibility in potentially co-served populations. (Id.)
This bill would provide the needed statutory permission for DDS to share confidential information regarding those they serve with DSS for the purpose of DSS then providing DDS with information regarding those individuals participation in the State’s social service programs.
The State Council on Developmental Disabilities, Sponsor, writes why this change is needed:
Existing law prohibits the Department of Social Services from disclosing records and information concerning their programs except to agencies that administer public social services. Data from the Department of Social Services’ California Work Opportunity and Responsibility to Kids (CalWORKs) and CalFresh programs is needed to understand how California’s Employment First Policy is improving outcomes for persons with intellectual and developmental disabilities (I/DD) and impacting the utilization of public benefits. SB 1274 will require the Department of Social Services to disclose eligibility and enrollment data for the CalWORKS and CalFresh programs to the Department of Developmental Services. One of the goals of California’s Employment First Policy is to raise the percentage of the people with I/DD who work from 13.6 percent to match the California general population rate of 75.7 percent.
- Privacy provisions
The changes proposed by this bill would include requirements that any DDS information provided to the DSS shall be maintained by DSS in the same manner as if DSS had obtained the information directly. This is so that the information will be subject to the same confidentiality restrictions DSS must abide for the information they obtain from applicants and program participants, as required by existing law.
As written, however, this bill would not require DDS to maintain the confidentiality of the information they receive from DSS in the same manner they maintain the confidentially of information they acquire directly. Although the information they are receiving from DSS may overlap with information they already have, since DDS would only be receiving information on individuals who are served by the both DDS and DSS, there arguably would be new sensitive information provided to DDS through this new law. The entire point of providing statutory permission through this bill is so that DDS may obtain information they do not currently have access to.
Accordingly, the Author may wish to consider amending the bill to require DDS to maintain the confidentiality of this information as would be required if they had acquired the information directly.
Support: Arc California; Disability Rights California; Progressive Employment Concepts; United Cerebral Palsy California Collaboration; USC University Center for Excellence in Developmental Disabilities
Opposition: None Known
HISTORY
Source: State Council on Developmental Disabilities
Related Pending Legislation: None known
Prior Legislation:
AB 1041 (Chesbro, Ch. 667, Stats. 2013) See Background.
AB 287 (Beall, Ch. 231, Stats. 2009) See Background.
SB 433 (Mendoza, 2017)/AB 1692 (Committee on Insurance, Ch. 417, Stats. 2-17) See Background. The language in SB 433 was amended into AB 1692.
AB 2424 (Beall, 2008) would have established an Employment First Policy and provided for changes to the regional center’s individual program plan process to enhance opportunities for integrated work and other integrated activities for people with developmental disabilities. AB 2424 was held in Senate Appropriations.
Prior Vote: (Ayes 6, Noes 0)
**************
SENATE COMMITTEE ON HUMAN SERVICES
Senator Wiener, Chair
2017 - 2018 Regular
Bill No: SB 1274
Author: | McGuire | ||
Version: | February 16, 2018 | Hearing Date: | April 10, 2018 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Mareva Brown | ||
Subject: Developmental services: data exchange
SUMMARY
Requires the California Department of Social Services (CDSS) to provide information to the state Department of Developmental Services (DDS) about DDS consumers’ participation in California Work Opportunity and Responsibility for Kids (CalWORKs) and CalFresh in order to monitor and evaluate the effectiveness of the state’s Employment First Policy.
ABSTRACT
Existing law:
- Establishes the Lanterman Developmental Disabilities Services Act, which states that California is responsible for providing an array of services and supports sufficiently complete to meet the needs and choices of each person with developmental disabilities, regardless of age or degree of disability, and at each stage of life, and to support their integration into the mainstream life of the community. (WIC 4500, et seq.)
- Defines a “developmental disability” to mean a disability that originates before an individual attains 18 years of age which continues, or can be expected to continue, indefinitely and constitutes a substantial disability for that individual, including intellectual disability, cerebral palsy, epilepsy, and autism and related conditions, but excluding other handicapping conditions that are solely physical in nature. (WIC 4512)
- Establishes the Employment First Policy which prioritizes opportunities for integrated, competitive employment for working age individuals with developmental disabilities, regardless of the severity of their disabilities in order to enable persons with developmental disabilities to approximate the pattern of everyday living available to people without disabilities of the same age, to support the integration into the mainstream life of the community, and to bring about more independent, productive, and normal lives for the persons served. (WIC 4869 (a)(1))
- Defines competitive employment to mean work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled. (WIC 4868 (d))
- Establishes information sharing and confidentiality requirements for state agencies. (GOV 100504(a)(8))
- Permits disclosure of information and records held by DDS in specified cases, including as necessary to enable the Employment Development Department (EDD) to provide required information to DDS, as specified. Requires EDD to maintain the confidentiality of any information provided to it by DDS to the same extent as if the EDD had acquired the information directly. (WIC 4514)(y))
This bill:
- Adds to existing allowable disclosures by permitting disclosure of information by DDS to the California Department of Social Services (CDSS) as necessary to enable CDSS to provide required information to DDS, as specified. Requires CDSS to maintain the confidentiality of any information provided to it by the DDS to the same extent as if the CDSS had acquired the information directly.
- Adds a new section to Welfare and Institutions code that requires CDSS to enable DDS to obtain CalWORKs and CalFresh eligibility and enrollment data for consumers served by the DDS for the purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy, as specified. Requires that information be provided to the extent permitted under applicable federal statutes and regulations.
FISCAL IMPACT
This bill has not been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, recent state laws have enabled the DDS to share information with the EDD in order to assess the impact of Employment First Policies. EDD data allows DDS to learn wages, industry and business names. However, the author states, “More information is required from other public social service agencies in order for the mission of the Employment First Policy to be fully implemented.”
This bill requires the CDSS to disclose data for the CalWORKs and CalFresh programs to DDS in order to identify the usage of public benefits by consumers in the DDS system.
Developmental Services
Approximately 330,000 children and adults with developmental disabilities receive services under the state’s Lanterman Act, which entitles qualifying recipients to supports throughout their lifetimes. Virtually all of these consumers live in community settings. DSS is responsible for overseeing services, however direct coordination of services is the responsibility of 21 nonprofit regional centers.
A developmental disability is a condition that originates before age 18, can be expected to continue indefinitely, and constitutes a substantial impairment in three or more areas of life activity. These may include intellectual disability, Autism Spectrum Disorders, epilepsy, cerebral palsy and other related conditions.
Employment
As of December 2017, more than half of all regional center consumers were of working age – 54.4 percent were between ages 18 and 61. About 1 in 5 consumers were between 22 and 31 years old, according to DDS-issued consumer characteristics data. Ensuring that individuals with developmental disabilities have the opportunity and path to participate in competitive integrated employment has been a priority of the state for at least a decade.
AB 287 (Beall, Chapter 231, Statutes of 2009) required the State Council on Developmental Disabilities to develop an Employment First Policy. The goal of the policy was to increase the number of people with developmental disabilities who are employed in integrated work, self-employment, and microenterprises, and the number earning at or above minimum wage. A report, released in 2011, found that 26.5 percent of working-age adults with developmental disabilities live below the federal poverty line compared with 13 percent of same-aged adults in the general population. Other findings included a need for additional supports for individuals to prepare for and maintain employment.[1]
In 2013, AB 1041 (Chesbro, Chapter 677, Statutes of 2013) enacted the Employment First Policy, which mandates that opportunities for integrated competitive employment be given the highest priority for working age individuals with developmental disabilities, regardless of the severity of their disabilities. It required the Employment First Committee of the State Council on Developmental Disabilities to identify existing sources of consumer data that can be matched with employment data, and to recommend goals for measuring employment participation and outcomes for various consumers within the developmental services system.
Under Employment First, regional centers must provide consumers who are age 16 and older with options for integrated competitive employment, and services and supports, including postsecondary education, to enable the consumer to transition from school to work.
Individual and Group Employment
There are several ways for consumers to be supported in a work environment. Historically, regional centers have contracted with employment services programs and providers to identify and address employment needs of people with developmental disabilities. Consumers are placed in jobs according to their individual skills, needs and choices, and provided support services on an individual bases or in a group, as needed.
Work Activity Programs are employment services programs in a sheltered work environment for consumers who have acquired basic vocational and independent living skills. Consumers are paid at a daily per capita rate based on productivity. For Fiscal Year 2016-2017, there were approximately 9,600 consumers in Work Activity Programs, according to DDS data. Often these workers make less than minimum wage, and use of these programs may be limited under new federal guidelines for that reason.
Supported Employment Programs are community-based rehabilitation programs that focus on helping consumers get or keep employment in integrated settings. Typically, supported employment includes a job coach that provides on-the-job services and training, and wages that are paid directly to the consumer by the employer. Supported employment either can be tailored to an individual, or performed with a group. According to data from DDS, in FY 2016-2017, there were approximately 5,839 consumers in group supported employment and nearly 5,055 consumers in individual supported employment.
California Competitive Integrated Employment Blueprint for Change
In December 2014, the state departments of Education and Rehabilitation and DDS signed a memorandum of understanding to join in identifying and implementing improvements in the coordination and capacity of the service system for individuals with intellectual and developmental disabilities. The goal is to assist more individuals with developmental disabilities in becoming employed in integrated settings at competitive wages, which is consistent with the state's Employment First Policy and other federal and state laws.[2]
Federal policy direction
The Blueprint comes as the federal government is making key policy changes through its Workforce Innovation and Opportunity Act (WIOA) and the new Home and Community Based Services (HCBS) settings rule. Under the 2014 federal WIOA statute, the state must provide five types of pre-employment transition services to students with disabilities aged 16 through 21. The Act substantially limits the state’s ability to facilitate sub-minimum wage work for people with developmental disabilities who are younger than age 24.
In January 2014, the federal Centers for Medicaid and Medicare Services published final regulations defining appropriate settings for individuals who receive federal HCBS funding, including more than 100,000 consumers of regional center services. The new HCBS settings rules take effect in 2022, and require individuals be integrated into their communities in work and home activities. The new guidelines are forcing substantial modifications in state-run programs, including a focus on integrated, competitive employment outcomes, specifically for students, youth, and adults with developmental disabilities.
Additionally, the Office of Disability Employment Policy, the US Department of Labor and the Administration on Intellectual and Developmental Disabilities have encouraged states to adopt the Employment First philosophy. Under this approach, publicly-financed systems are encouraged to align policies, services and fiscal reimbursements to ensure community integrated employment is the priority option for youth and adults with developmental disabilities.
CalWORKs
The California Work Opportunity and Responsibility to Kids (CalWORKs) program provides cash assistance to more than 450,000 California families. CalWORKs recipients may receive employment-related services intended to move children out of poverty and help families meet basic needs. The CalWORKs program is funded with a mix of federal TANF money, state, and county funds and recipients’ households must include a child in order to be eligible and must fall below certain income and asset tests. Adults may not receive CalWORKs benefits for more than 48-months in their lifetimes. During those 48 months, adults may receive a total of 24 months of Welfare-to-Work (WTW) services and activities, if they meet program requirements.
According to the CalWORKs Annual Summary dated February 2018, the average CalWORKs grant in Fiscal Year 2017-18 is projected to be $564 per month. This grant amount puts the annual household income at $6,768 per year. The Federal Poverty Guidelines for 2018 for a family of three is more than three times that – at $20,780 per year.
CalFresh
The CalFresh program provides qualified low-income households with EBT cards which are used to purchase food and seeds or plants that grow food for human consumption. CalFresh is administered by CDSS at the state level and 100 percent federally funded. Eligibility standards and benefit levels are established by the federal government.
In 2016, CalFresh served 4.3 people, 20 percent of which lived in households with a child, and in about half of those cases the recipient was an older adult or a person with a disability.
To participate in CalFresh, households must meet defined income-eligibility standards. For most households, monthly gross income must be at or below 200 percent of the Federal Poverty Level (FPL), which is $3,404 for a family of three. If the household passes the gross income test, the net income is computed. The resulting net income amount cannot exceed 100 percent of the FPL which is $1,702.
CalFresh benefit levels are based on the household size and income after certain deductions. As of October 2017, the average monthly CalFresh benefit was $286 per household and $138 per person. This means a single CalFresh recipient receives less than $5.00 per day to purchase food.
It is unclear how many consumers of regional center services may be beneficiaries of either CalFresh or CalWORKs assistance. This bill would enable data sharing to identify that overlap and to assess whether competitive integrated employment leads to reductions in public benefit use by DDS consumers.
Related legislation:
SB 433 (Mendoza, 2017) and AB 1696 (Assembly Insurance Committee, Chapter 417, Statutes of 2017) authorized data sharing between DDS and EDD in order to assess and implement statewide employment goals for individuals with Developmental Disabilities.
AB 1041 (Chesbro, Chapter 677, Statutes of 2013) established the Employment First Policy statewide.
SB 287 (Beall, Chapter 231, Statutes of 2009) required the State Council on Developmental Disabilities to create an Employment First Committee and a state plan and to provide annual Legislative updates on the plan.
COMMENTS
Last year’s AB 1696 authorized data sharing between DDS and EDD. This bill seeks to authorize data sharing between DDS and CDSS for two specific programs. The author may wish to explore whether a broader data sharing authorization for information about clients who access public social services, including SSI, would enable assessment of the employment initiatives for DDS consumers without the need to provide for each agreement separately in statute.
POSITIONS
Support:
The State Council on Developmental Disabilities (SCDD) (Sponsor)
Disability Rights California
Progressive Employment Concepts
USC University Center of Excellence at Children’s Hospital Los Angeles
Oppose:
None received
-- END --
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