This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2019.

 THIRD READING  

Bill No: AB 81

Author: Committee on Budget

Amended: 6/22/20 in Senate

Vote: 27

PRIOR VOTES NOT RELEVANT

SENATE BUDGET & FISCAL REVIEW COMMITTEE: 13-5, 6/24/20

AYES: Mitchell, Beall, Caballero, Durazo, Hurtado, Leyva, McGuire, Monning, Pan, Roth, Skinner, Stern, Wieckowski

NOES: Nielsen, Dahle, Melendez, Moorlach, Morrell

SUBJECT: Public health funding: health facilities and services

SOURCE: Author

DIGEST:

This bill is an omnibus health trailer bill, and contains changes to implement the 2020-21 Budget Act.

ANALYSIS: This bill makes technical and clarifying statutory revisions affecting health programs necessary to implement the Budget Act of 2020. Specifically, this bill:

1. Extends the quality assurance fee on free-standing skilled nursing facilities, originally authorized by AB 1629 (Frommer, Chapter 875, Statutes of 2004) until December 31, 2022.
2. Deposits quality assurance fee revenue in the Long-Term Care Quality Assurance Fund.
3. Continues the Quality and Accountability Supplemental Payment System, which withholds approximately $90 million of funding for skilled nursing facilities, and uses that funding to provide supplemental payments to facilities for meeting certain quality measures. Also includes compliance with public health directives related to the novel coronavirus 2019 (COVID-19) public health emergency.
4. Continues the existing facility-specific cost reimbursement methodology for skilled nursing facilities, adds new cost categories, including employee trainings, and increases the components related to direct and indirect labor costs from the 90th to the 95th percentile.
5. Adds auditing requirements for increased federal funding related to the COVID-19 public health emergency to ensure skilled nursing facilities adequately utilize increased funding for only allowable costs including, but not limited to, increased wages or benefits, shift incentive payments, staff retention bonuses, pay differentials for workers employed by more than one facility, overtime payments to non-managerial workers, personal protective equipment, COVID-19 testing for any workers, infection control measures and equipment, and additional staff training.
6. Provides for weighted reimbursement rate increases to skilled nursing facilities as follows:
   1. 3.62 percent through December 31, 2020.
   2. 3.5 percent plus the cost of complying with new state or federal mandates until December 31, 2021.
   3. 2.4 percent plus the cost of complying with new state or federal mandates until December 31, 2022.
7. Requires, beginning January 1, 2021, facilities to comply with direct care service hours per patient day requirements, applicable minimum wage laws, and wage pass-through requirements as a condition of Medi-Cal funding.
8. Authorizes counties to extend the effective timeframe of a three-year plan for Mental Health Services Act (MHSA) expenditures or an annual update to include the 2020-21 fiscal year. Requires counties to submit the three-year plan or annual update to the Mental Health Services Oversight and Accountability Commission (MHSOAC) and the Department of Health Care Services (DHCS) by July 1, 2021.
9. Authorizes counties to, during the 2020-21 fiscal year, use funds from MHSA prudent reserves for mental health expenditures to children and adults, including housing assistance.
10. Authorizes counties to determine allocations of MHSA funds within community services and supports, and prevention and early intervention categories for the 2020-21 fiscal year.
11. Suspends reversion of unspent MHSA funds required to be reverted as of July 1, 2019, or July 1, 2020. The suspension is effective until July 1, 2021.

FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No

According to the Senate Budget and Fiscal Review Committee, this bill extends revenue collection from quality assurance fees imposed on free-standing skilled nursing facilities, for deposit in the Long-Term Care Quality Assurance Fund.

SUPPORT: (Verified 6/23/20)

None received

OPPOSITION: (Verified 6/23/20)

None received

Prepared by: Scott Ogus / B. & F.R. / 916-651-4103

6/25/20 0:46:57

**** END ****

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 81

Author:(Committee on Budget)

As Amended Ver:June 22, 2020

2/3 vote. Budget Bill Appropriation Takes Effect Immediately

SUMMARY:

This is a health trailer bill for 2020-21. It contains necessary changes related to the Budget Act of 2020. This bill makes various statutory changes to implement the 2020-21 budget. Specifically, this bill reauthorizes the skilled nursing facilities quality assurance fee, and provides counties temporary flexibility in the implementation of the Mental Health Services Act in light of the COVID-19 Public Health Emergency.

The Senate Amendments:

Skilled Nursing Facilities Quality Assurance Fee

1. Exempt freestanding pediatric subacute skilled nursing facilities from paying the state skilled nursing facility (SNF) Quality Assurance Fee (QAF).
2. Revise the QAF to be administered based on calendar years rather than fiscal years.
3. Require the Department of Health Care Services (DHCS) to assess interest at the rate of 7% per year, when a SNF fails to pay all or part of the QAF within 60 days of the due date, until the QAF and interest has been paid in full.
4. Authorize DHCS to deduct any unpaid assessments, including any interest and penalties owed, from a debtor SNF, from any Medi-Cal payments made to that SNF. Require DHCS to provide prior written notice to both the SNF itself, and to any related ownership facility. Authorize DHCS to take into account the financial condition of a related facility and apply the deduction over time.
5. Require a SNF, in the event of a merger, acquisition, or change of ownership, to be responsible for paying to the state the full amount of outstanding QAF payments, including any interest and penalties. Authorize a SNF considering a change in ownership to request the status of QAF payment obligations from DHCS.
6. Authorize DHCS, when all or any part of the QAF goes unpaid, to take any or all of the following actions: a) assess a penalty of up to 50% of the total unpaid fee, and any interest assessed; b) recommend to the State Department of Public Health that license or Medi-Cal certification renewal, or approval of a change of ownership application, be delayed until the full amount of the QAF, penalties, and interest has been paid; or c) delay approval of a new Medi-Cal provider agreement, or provider agreement transfer to a successor facility, in the event of a merger, acquisition or ownership change, until the full amount of the QAF, penalties and interest is paid in full, or until the successor facility has entered into a payment agreement with DHCS for the outstanding debt, taking into account the financial situation of the facility and potential impact on services to Medi-Cal beneficiaries.
7. Authorize DHCS to, as a condition of approving a new or transferred Medi-Cal provider agreement, to require either or both: a) the successor facility to enter into a payment agreement with DHCS for outstanding QAF-related debt; and b) the successor facility owner to enter into an alternative payment agreement with DHCS that takes into account the financial situation of the facility and the potential impact on the delivery of services to Medi-Cal beneficiaries.
8. Authorize DHCS to waive all or a portion of the interest or penalties assessed for a petitioning SNF if DHCS determines, in its sole discretion, that the SNF has demonstrated an undue financial hardship for the SNF or a significant financial difficulty in providing services to Medi-Cal beneficiaries. Require that a waiver be conditioned on the SNF's agreement to pay outstanding fee amounts on an alternative schedule that takes into account the financial situation of the facility and potential impact on service delivery. Require DHCS to post on its website a list of all SNFs that receive a waiver and the amount of interest or penalty being waived.
9. Extend the sunset on this QAF from December 31, 2020 to December 31, 2022 and repeal the statute on January 1, 2024.
10. Continue to exempt from the Skilled Nursing Facility Quality and Accountability Supplemental Payment System (QASP) special program services for the mentally disordered.
11. Increase penalties, imposed by the Department of Public Health, on facilities for failing to meet the nursing hours or direct care service hours per patient per day statutory requirements as follows: a) from $15,000 to $25,000 if the facility fails to meet the requirements for five to 49% of the audited days; and b) from $30,000 to $50,000 if the facility fails to meet the requirements for over 49% of the audited days. Authorize a facility to request an appeal based upon a determination that does not result in an assessment.
12. Authorize DHCS to incorporate, under the QASP, an additional performance measure based upon a facility's compliance with requirements related to the COVID-19 Public Health Emergency described in All Facility Letters issued by the Department of Public Health.
13. Require DHCS to pay a supplemental payment, by April 30 of 2021 and 2022 to qualified facilities based on statutory criteria and according to performance measure benchmarks determined by DHCS in consultation with stakeholders.
14. Discontinue the QASP on January 1, 2023, and requires DHCS to convene a stakeholder process by September 1, 2021 to develop a successor supplemental payment or similar quality-based payment methodology to replace the existing QASP, to begin in 2023.
15. Authorize DHCS to deduct a SNF's unpaid debt, from unpaid QAFs, interest, or penalties, from QASP payments.
16. Authorize SNFs to account for the costs of caregiver trainings that enhance the skills, education, or career advancement for nursing home workers, and trainings provided through a joint labor-management Taft-Hartley fund, as direct passthroughs of proportional Medi-Cal costs.
17. Authorize DHCS to continue and update specific geographic peer groups for facility rate setting based on facility characteristics in consultation with stakeholders.
18. Increase the limit on direct and indirect resident care labor costs from the 90th to the 95th percentile.
19. Require DHCS to audit facility costs and revenues that are associated with the COVID-19 Public Health Emergency to determine whether a facility has adequately used increased Medicaid payments associated with the emergency only for allowable costs, which include: patient care, increased wages or benefits, shift incentive payments, staff retention bonuses, pay differential for workers employed by more than one facility, and overtime payments to non-managerial workers, personal protective requirement, COVID-19 testing for any workers, infection control measures and equipment, and staff training.
20. Require a facility that received increased Medicaid payments associated with COVID-19 to provide any information requested by DHCS on emergency-related costs and revenues at the time and in the manner specified by DHCS. Require DHCS to recoup any amounts of increased Medicaid payments that were not used to support the delivery of patient care. Require DHCS to seek any state plan amendments deemed necessary to conduct these audits, and only implement these provisions to the extent any necessary federal approvals are obtained, and federal financial participation is available and not otherwise jeopardized.
21. Stipulate that the annual increase in the weighted average medi-Cal reimbursement rate shall continue to be 3.62% until December 31, 2020, and that the reimbursement rates established for the rate period of August 1, 2020 through December 31, 2020 shall be no less than the amounts that would have been established under the reimbursement methodology used in the 2019-20 rate year.
22. Authorize DHC to condition a SNF's receipt of the annual rate increase for August 1, 202 to December 31, 2020, and for the 2021 and 2022 calendar years on that facility's good faith efforts to comply with any requirements related to the COVID-19 Public health Emergency described in Department of Public Health All Facility Letters.
23. Prohibit the weighted average Medi-Cal reimbursement rate increase from exceeding the applicable federal upper payment limit.
24. Require the annual aggregate increase in the weighted average Medi-Cal reimbursement rate for the 2021 calendar year to be 3.5% plus the projected cost of complying with new state or federal mandates.
25. Require the annual aggregate increase in the weighted average Medi-Cal reimbursement rate for the 2022 calendar year to be 2.4% plus the projected cost of complying with new state or federal mandates.
26. Require SNFs, beginning in 2021, to demonstrate compliance with the following Medi-Cal requirements: a) direct care service hours per patient day; b) applicable minimum wage laws; and c) wage pass-through requirements. Require DHCS, when it determines that a facility has been out of compliance with any of these requirements, to assess a monthly penalty up to $50,000 until the facility demonstrates compliance to DHCS. Limits these penalties to 4% of the total Medi-Cal revenue received by the facility in the previous calendar year. Authorize DHCS to assess additional penalty amounts if a facility is out of compliance for multiple years. Authorize DHCS to waive the penalties for a facility if DHCS determines that the facility demonstrates a high likelihood of undue financial hardship or difficulty in providing services to Medi-Cal beneficiaries.
27. Make these provisions contingent on receipt of any necessary federal approvals and that federal financial participation is available and not otherwise jeopardized, and authorize DHCS to modify these provisions as necessary to obtain federal approval and ensure availability of federal financial participation. Require consultation with affected providers and stakeholders, and notification of the Joint Legislative Budget Committee should DHCS deem modifications necessary.

Mental Health Services Act COVID-19 Flexibilities

1. Allow a county that is unable to complete and submit a three-year Mental Health Services Act (MHSA) plan or annual update for the 2020-21 fiscal year, due to the COVID-19 Public Health Emergency, to extend the effective timeframe of its currently approved three-year plan or annual update to include the 2020-21 fiscal year. Require a county to submit such a three-year plan or annual update to the Mental Health Services Oversight and Accountability Commission and the State Department of Health Care Services (DHCS) by July 1, 2021.
2. Authorize counties to access their MHSA prudent reserves during the 2020-21 fiscal year and spend them on prevention and early intervention, services to persons with severe mental illness, the children's system of care and the adult and older adults system of care, and for housing assistance for homeless individuals with severe mental illness. Authorize DHCS to implement this section through All County Letters, without adopting new regulations.
3. Authorize DHCS to allow counties to determine the percentage of funds to allocate across programs within the children's system of care, and within the adult and older adult system of care for the 2020-21 fiscal year by means of All County Letters, without adopting new regulations.
4. Stipulate that unspent funds allocated to a county, and interest accruing on those funds, that is subject to reversion as of July 1, 2019, and July 1, 2020, shall be subject to reversion on July 1, 2021.
5. Find and declare that the provisions in this measure further the Mental Health Services Act, approved by Proposition 63 on November 2, 2004, and are consistent with its purposes.

General Provisions

1. Declare that the provisions of this measure are severable, such that if any provision of this measure is held invalid, that invalidity shall not affect other provisions.
2. Declare that this bill provides for appropriations related to the Budget Bill, is related to the budget in the Budget Bill and shall take effect immediately.

COMMENTS:

This bill is a budget trailer bill within the overall 2020-21 budget package to implement actions taken affecting the Department of Health Care Services.

According to the Author:

None

Arguments in Support:

None on file.

Arguments in Opposition:

None on file.

FISCAL COMMENTS:

This is a budget trailer bill related to various provisions contained in the 2020 Budget Act.

VOTES:

ASSEMBLY FLOOR: 54-13-13

YES: Aguiar-Curry, Bauer-Kahan, Bloom, Boerner Horvath, Bonta, Burke, Calderon, Carrillo, Cervantes, Chau, Chu, Cooper, Daly, Eggman, Frazier, Friedman, Gabriel, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Limón, Maienschein, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Weber, Wicks, Wood, Rendon

NO: Bigelow, Brough, Dahle, Flora, Fong, Gallagher, Kiley, Mathis, Melendez, Obernolte, Patterson, Voepel, Waldron

ABS, ABST OR NV: Arambula, Berman, Chen, Chiu, Choi, Cooley, Cunningham, Diep, Eduardo Garcia, Lackey, Levine, Low, Mayes

UPDATED:

VERSION: June 22, 2020

CONSULTANT: Andrea Margolis / BUDGET / (916) 319-2099 FN: 0003149

SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW

Senator Holly Mitchell, Chair

2019 - 2020 Regular

Bill No: AB 81 Hearing Date: June 24, 2020

Subject: Public health funding: health facilities and services

Summary:

This bill is an omnibus health trailer bill, and contains changes to implement the 2020-21 budget.

Proposed Law:

1. This bill makes technical and clarifying statutory revisions affecting health programs necessary to implement the Budget Act of 2020. Specifically, this bill:
2. Extends the quality assurance fee on free-standing skilled nursing facilities, originally authorized by AB 1629 (Frommer), Chapter 875, Statutes of 2004, until December 31, 2022.
3. Deposits quality assurance fee revenue in the Long-Term Care Quality Assurance Fund.
4. Continues the Quality and Accountability Supplemental Payment System, which withholds approximately $90 million of funding for skilled nursing facilities, and uses that funding to provide supplemental payments to facilities for meeting certain quality measures. Also includes compliance with public health directives related to the novel coronavirus 2019 (COVID-19) public health emergency.
5. Continues the existing facility-specific cost reimbursement methodology for skilled nursing facilities, adds new cost categories, including employee trainings, and increases the components related to direct and indirect labor costs from the 90th to the 95th percentile.
6. Adds auditing requirements for increased federal funding related to the COVID-19 public health emergency to ensure skilled nursing facilities adequately utilize increased funding for only allowable costs including, but not limited to, increased wages or benefits, shift incentive payments, staff retention bonuses, pay differentials for workers employed by more than one facility, overtime payments to non-managerial workers, personal protective equipment, COVID-19 testing for any workers, infection control measures and equipment, and additional staff training.
7. Provides for weighted reimbursement rate increases to skilled nursing facilities as follows:
   1. 3.62 percent through December 31, 2020
   2. 3.5 percent plus the cost of complying with new state or federal mandates until December 31, 2021
   3. 2.4 percent plus the cost of complying with new state or federal mandates until December 31, 2022.
8. Beginning January 1, 2021, requires facilities to comply with direct care service hours per patient day requirements, applicable minimum wage laws, and wage pass-through requirements as a condition of Medi-Cal funding.
9. Authorizes counties to extend the effective timeframe of a three-year plan for Mental Health Services Act (MHSA) expenditures or an annual update to include the 2020-21 fiscal year. Requires counties to submit the three-year plan or annual update to the Mental Health Services Oversight and Accountability Commission (MHSOAC) and the Department of Health Care Services (DHCS) by July 1, 2021.
10. Authorizes counties to, during the 2020-21 fiscal year, use funds from MHSA prudent reserves for mental health expenditures to children and adults, including housing assistance.
11. Authorizes counties to determine allocations of MHSA funds within community services and supports, and prevention and early intervention categories for the 2020-21 fiscal year.
12. Suspends reversion of unspent MHSA funds required to be reverted as of July 1, 2019, or July 1, 2020. The suspension is effective until July 1, 2021.

Fiscal Effect:

Extends revenue collection from quality assurance fees imposed on free-standing skilled nursing facilities, for deposit in the Long-Term Care Quality Assurance Fund.

Support: None on file.

Opposition: None on file.

-- END --

(Without Reference to File)

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 81

Author:(Committee on Budget)

As Amended Ver:June 14, 2019

Majority vote. Budget Bill Appropriation Takes Effect Immediately

SUMMARY:

Provides for statutory changes necessary to enact developmental services related provisions of the Budget Act of 2019. As part of the 2019-20 budget package, Assembly Bill 81 makes statutory changes to implement the budget act.

Major Provisions

1. Requires the Department of Developmental Services (DDS or department) to identify key indicators, in conjunction with stakeholders, to track the Regional Center delivery of services, and to report that information to the Legislature.
2. Requires specific improvements to Regional Center board governance, such as requiring inclusion of Board members with specific expertise and eliminating legal counsel conflicts-of-interest.
3. Requires Regional Centers to annually present data regarding quality assurance in public meetings, and to provide notices of these meetings to consumers, families, and stakeholders.
4. Requires the department's performance dashboard to be published in a machine-readable format and requires each Regional Center to publish its own dashboard and post a link to the department's dashboard on the Regional Center's website.
5. Requires Regional Centers to provide the DDS with copies of corrective action plans issued to providers, as specified.
6. Requires the DDS to develop information packets in a standard format and to include specific information.
7. Requires the DDS to submit an update of its Safety Net Plan, developed in consultation with stakeholders, on or before January 10, 2020.
8. Requires the DDS to provide specified information at quarterly briefings with legislative staff of the appropriate policy and fiscal committees of the Legislature, including efforts to identify and reduce disparities in services.
9. Aligns Institutions for Mental Disease (IMD) admission criteria with the laws governing placements in state-operated acute crisis settings.
10. Requires a list of agreed-upon services to be provided to consumers at the conclusion of an individual program plan meeting.
11. Allow the DDS to include community-based residential options that consist of community crisis homes for children who meet specific criteria. Also requires the DDS to develop guidelines around the use of restraints in community crisis homes.
12. Requires a Regional Center to maintain an average service coordinator-to-consumer ratio of 1 to 25 for consumers with complex needs.
13. Requires Regional Centers to post on their internet website policies, guidelines, or assessment tools to determine specified consumer needs.
14. Revises admission criteria to Canyon Springs Community Facility, if specified conditions are met, for those committed to either an acute psychiatric facility or an acute crisis facility. Admissions would be time-limited.
15. Requires the DDS to consult, commencing in the summer of 2019, with specified stakeholders to discuss system reforms to better serve consumers with developmental disabilities and report on the progress of these efforts during the 2020-21 budget hearing process.
16. Requires, by October 1, 2019, DDS to post to its internet website a summary of public comments, departmental responses, and any appropriate and necessary changes to the rate models contained in the rate study submitted pursuant to current law.
17. Requires the DDS to provide a rate increase for specified services for which rates are set by DSS or through negotiations between the regional centers and service providers, rates paid for supported employment services, and vouchered community-based services, effective January 1, 2020. This is supported with a General Fund appropriation of $125 million in 2019-20, $250 million in 2020-21 and on-going, subject to suspension of the rate increase on December 31, 2021, unless the Department of Finance makes a specified determination.
18. Suspends the uniform holiday schedule provisions, subject to resumption of those restrictions on December 31, 2021, unless the Department of Finance makes a specified determination.
19. Designates this act as a bill providing for appropriations related to the Budget Act and that it is identified as such in the Budget Bill, and shall take effect immediately.

The Senate Amendments:

COMMENTS:

Funding related to the changes in this bill is contained in the 2019-20 budget.

According to the Author:

Arguments in Support:

Arguments in Opposition:

FISCAL COMMENTS:

VOTES:

ASSEMBLY FLOOR: 54-13-13

YES: Aguiar-Curry, Bauer-Kahan, Bloom, Boerner Horvath, Bonta, Burke, Calderon, Carrillo, Cervantes, Chau, Chu, Cooper, Daly, Eggman, Frazier, Friedman, Gabriel, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Limón, Maienschein, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Weber, Wicks, Wood, Rendon

NO: Bigelow, Brough, Dahle, Flora, Fong, Gallagher, Kiley, Mathis, Melendez, Obernolte, Patterson, Voepel, Waldron

ABS, ABST OR NV: Arambula, Berman, Chen, Chiu, Choi, Cooley, Cunningham, Diep, Eduardo Garcia, Lackey, Levine, Low, Mayes

UPDATED:

VERSION: June 14, 2019

CONSULTANT: Nicole Vazquez / BUDGET / (916) 319-2099 FN: 0001126

 THIRD READING  

Bill No: AB 81

Author: Committee on Budget

Amended: 6/14/19 in Senate

Vote: 21

SENATE BUDGET & FISCAL REVIEW COMMITTEE: 12-0, 6/19/19

AYES: Mitchell, Beall, Hurtado, Jones, Leyva, Moorlach, Morrell, Pan, Skinner, Stern, Stone, Wieckowski

NO VOTE RECORDED: Nielsen, Durazo, McGuire, Monning, Roth, Umberg

ASSEMBLY FLOOR: Not relevant

SUBJECT: Developmental services

SOURCE: Author

DIGEST:

This bill provides for statutory changes necessary to enact developmental services related provisions of the Budget Act of 2019.

ANALYSIS: This bill, as part of the 2019-20 Budget package, makes statutory changes to implement the Budget Act. Specifically, this bill:

1. Requires the Department of Developmental Services to identify key indicators, in conjunction with stakeholders, to track the Regional Center delivery of services, and to report that information to the Legislature.
2. Allows for service provider rate increases for specified services, contingent upon approval of federal funding. Allows for suspension of those rates on December 31, 2021, unless specified conditions are met.
3. Requires the department to conduct stakeholder workgroups to discuss system and fiscal reforms, and to report the findings of those discussions during the 2020-2021 Budget process.
4. Requires the department, by October 1, 2019, to post responses to the departmental rate study, and any appropriate and necessary changes to the rate models contained in the study.
5. Requires specific improvements to Regional Center board governance, such as requiring inclusion of Board members with specific expertise and eliminating legal counsel conflicts-of-interest.
6. Requires Regional Centers to annually present data regarding quality assurance in public meetings, and to provide notices of these meetings to consumers, families, and stakeholders.
7. Requires the department’s performance dashboard to be published in a machine-readable format and requires each Regional Center to publish its own dashboard and to post a link to the department’s dashboard on the Regional Center’s Web site.
8. Requires Regional Centers to provide the department with copies of corrective action plans issued to providers, as specified.
9. Requires the department to develop information packets in a standard format and to include specific information.
10. Requires the department to submit an update of its Safety Net Plan, developed in consultation with stakeholders, on or before January 10, 2020.
11. Requires the department to provide specified information at quarterly briefings with legislative staff of the appropriate policy and fiscal committees of the Legislature, including efforts to identify and reduce disparities in services.
12. Aligns IMD (institutions for mental disease) admission criteria with the laws governing placements in state-operated acute crisis settings.
13. Requires a list of agreed-upon services to be provided to consumers at the conclusion of an individual program plan meeting.
14. Allows the department to include community-based residential options that consist of community crisis homes for children who meet specific criteria. Also requires the department to develop guidelines around the use of restraints in community crisis homes.
15. Requires a Regional Center to maintain an average service coordinator-to-consumer ratio of 1 to 25 for consumers with complex needs.
16. Requires Regional Centers to post on their Internet Web site policies, guidelines, or assessment tools to determine specified consumer needs.
17. Revises admission criteria to Canyon Springs Community Facility, if specified conditions are met, for those committed to either an acute psychiatric facility or an acute crisis facility. Admissions would be time-limited.

FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 6/13/19)

None received

OPPOSITION: (Verified 6/13/19)

None received

Prepared by: Renita Polk / B. & F.R. / 916-651-4103

6/19/19 16:38:10

**** END ****

SENATE COMMITTEE ON

Senator Holly Mitchell, Chair

2019 - 2020 Regular

Bill No: Hearing Date: June 19, 2019

Subject: Developmental services

Summary:

Provides for statutory changes necessary to enact developmental services related provisions of the Budget Act of 2019.

Background:

As part of the 2019-20 budget package, Assembly Bill 81 makes statutory changes to implement the budget act.

Proposed Law:

2. Requires the department to identify key indicators, in conjunction with stakeholders, to track the Regional Center delivery of services, and to report that information to the Legislature.
3. Allows for service provider rate increases for specified services, contingent upon approval of federal funding. Allows for suspension of those rates on December 31, 2021, unless specified conditions are met.
4. Requires the department to conduct stakeholder workgroups to discuss system and fiscal reforms, and to report the findings of those discussions during the 2020-2021 budget process.
5. By October 1, 2019, requires the department to post responses to the departmental rate study, and any appropriate and necessary changes to the rate models contained in the study.
6. Requires specific improvements to Regional Center board governance, such as requiring inclusion of Board members with specific expertise and eliminating legal counsel conflicts-of-interest.
7. Requires Regional Centers to annually present data regarding quality assurance in public meetings, and to provide notices of these meetings to consumers, families, and stakeholders.
8. Requires the department’s performance dashboard to be published in a machine-readable format and requires each Regional Center to publish its own dashboard and to post a link to the department’s dashboard on the Regional Center’s website.
9. Requires Regional Centers to provide the department with copies of corrective action plans issued to providers, as specified.
10. Requires the department to develop information packets in a standard format and to include specific information.
11. Requires the department to submit an update of its Safety Net Plan, developed in consultation with stakeholders, on or before January 10, 2020.
12. Requires the department to provide specified information at quarterly briefings with legislative staff of the appropriate policy and fiscal committees of the Legislature, including efforts to identify and reduce disparities in services.
13. Aligns IMD admission criteria with the laws governing placements in state-operated acute crisis settings.
14. Requires a list of agreed-upon services to be provided to consumers at the conclusion of an individual program plan meeting.
15. Allows the department to include community-based residential options that consist of community crisis homes for children who meet specific criteria. Also requires the department to develop guidelines around the use of restraints in community crisis homes.
16. Requires a Regional Center to maintain an average service coordinator-to-consumer ratio of 1 to 25 for consumers with complex needs.
17. Requires Regional Centers to post on their internet website policies, guidelines, or assessment tools to determine specified consumer needs.
18. Revises admission criteria to Canyon Springs Community Facility, if specified conditions are met, for those committed to either an acute psychiatric facility or an acute crisis facility. Admissions would be time-limited.

Fiscal Effect:

Funding related to the changes in this bill is contained in the 2019-20 budget.

Support: None on file.

Opposition: None on file.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 81

Author:(Ting)

As Introduced Ver:December 3, 2018

Majority vote. Budget Bill Appropriation Takes Effect Immediately

SUMMARY:

This bill expresses the intent of the Legislature to enact statutory changes relating to the Budget Act of 2019.

Major Provisions

COMMENTS:

According to the Author:

Arguments in Support:

Arguments in Opposition:

FISCAL COMMENTS:

VOTES:

UPDATED:

VERSION: December 3, 2018

CONSULTANT: Christian Griffith / BUDGET / (916) 319-2099 FN: 0000124