AB 162: Developmental services.

(1)Existing law establishes within the California Health and Human Services Agency a State Department of Developmental Services (department) and sets forth its powers and duties, including, but not limited to, the administration and oversight of community programs providing services to consumers with developmental disabilities and their families. Existing law, the Lanterman Developmental Disabilities Services Act (act), requires the department to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families.

This bill would require the Secretary of California Health and Human Services Agency (secretary), in coordination with the department, to lead the development and implementation of a master plan for developmental services for the state. The bill would require other state entities that interact with the department to be included in discussions with the master plan, as applicable. The bill also would require the secretary and the Director of Developmental Services to work with other state agencies, as necessary, to identify policies, efficiencies, and strategies necessary to implement the master plan, as specified. The bill would also require the secretary to submit to the Governor and the Legislature an initial report summarizing the recommended components of the master plan, as well as annual master plan implementation updates, as specified. The bill would clarify that any funding needed to support program enhancements proposed in the master plan would be subject to an appropriation by the Legislature for those purposes.

(2)Existing law requires the department to submit, on or before March 1, 2019, a rate study to specified committees of the Legislature regarding community-based services for individuals with developmental disabilities. Existing law requires the department to implement rate increases between April 1, 2022, and July 1, 2024, to raise service providers rates to the fully funded rate reflected in the rate models included in that rate study. Existing law requires the department, commencing January 1, 2023, through the end of the 202324 fiscal year, to adjust rates to equal ¹/₂ of the difference between rates in effect March 31, 2022, and the fully funded rate model for each provider. Existing law requires the department, commencing July 1, 2024, to implement the fully funded rate models, as specified.

This bill would extend the above rate adjustment period from the end of the 202324 fiscal year through December 31, 2024, and would extend the date for implementation of the fully funded rate models to January 1, 2025.

Existing law requires the department to implement a hold harmless policy, as specified, for providers whose rates exceed rate model recommendations, to freeze a providers existing rates until June 30, 2026, and then to adjust the providers rates to equal the rates for other providers in the providers service category and region. Existing law requires the department, beginning July 1, 2024, to implement a similar hold harmless policy for providers whose rates in effect on January 1, 2023, exceed 90% of the rate model.

This bill instead would begin implementation of the latter hold harmless policy on January 1, 2025.

(3)The act requires the department to contract with regional centers for the provision of community services and supports for persons with developmental disabilities and their families. Existing law, until June 30, 2024, requires a meeting regarding the provision of services and supports by the regional center, including a meeting to develop or revise a consumers individual program plan (IPP), to be held by remote electronic communications if requested by the consumer or, if appropriate, if requested by the consumers parents, legal guardian, conservator, or authorized representative.

Under existing law, the California Early Intervention Services Act, direct services for eligible infants and toddlers and their families are provided by regional centers and local educational agencies. Existing law requires an eligible infant or toddler receiving services to have an individualized family service plan (IFSP) and requires that parents be fully informed of their rights, including the right to invite another person, including a family member or an advocate or peer parent, to accompany them to any or all IFSP meetings. Existing law, until June 30, 2024, requires, at the request of the parent or legal guardian, an IFSP meeting to be held by remote electronic communications.

This bill would indefinitely extend the requirements that, if requested, IPP and IFSP meetings be held by remote electronic communications. By extending a requirement for local educational agencies, this bill would impose a state-mandated local program. The bill also would require a regional center that has not held an in-person meeting, or completed any other in-person meeting or visit in the previous 12 months for an IPP or 6 months for an IFSP, to hold an in-person meeting or other meeting, as prescribed. The bill would prohibit that in-person meeting requirement from impeding, delaying, or preventing the timely development or revision of an IFSP or IPP, or the timely authorization or receipt of services and supports.

The bill would also require the in-person meeting requirement to remain in effect pending a review by the department, to be completed and provided to the Legislature by May 14, 2026, and in coordination with stakeholders, regarding implementation of these provisions, including whether and to what extent the in-person requirements are effective in assisting the infant or toddler in meeting the goals stated in the IFSP, among other specified information. The bill would also require the department to provide an update to the Legislature on the status of the review by no later than January 10, 2026.

(4)Existing law requires the department to conduct fiscal audits of regional centers.

This bill would authorize the department and regional centers to utilize probability sampling and statistical extrapolation when conducting fiscal audits of service providers under specified conditions.

Existing law requires the department to establish, and regional centers to administer, an entry-level training and internship program for individuals interested in becoming direct support professionals, as specified.

This bill would specify that the establishment and administration of that program is subject to an appropriation by the Legislature.

(5)Existing law establishes the Family Cost Participation Program, which requires the department to develop and establish a Family Cost Participation Schedule consisting of a sliding scale for families with an annual gross income of not less than 400% of the federal poverty guideline, as specified, to be used by regional centers to assess the parents cost participation for providing respite, daycare, and camping services to their children under 18 years of age who have developmental disabilities and who, among other eligibility criteria, are not eligible for Medi-Cal. Existing law also requires a regional center to assess an annual family program fee, as specified, from parents whose adjusted gross family income is at or above 400% of the federal poverty level and who have a child meeting prescribed requirements, including receiving specified services from a regional center. Existing law requires regional centers to suspend, until June 30, 2024, existing and new assessments and reassessments of the cost participation and existing and new assessments, reassessments, and collections of the annual family program fee.

This bill would repeal those provisions relating to regional center fees and would make technical and conforming changes.

(6)Existing law defines developmental disability as a disability that originates before an individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for the individual. Under existing law, developmental disability includes intellectual disability, cerebral palsy, epilepsy, and autism, among other conditions, as specified. Under existing law, if a child who is under 5 years of age is not otherwise eligible for regional center services under that definition, the child is provisionally eligible for regional center services if the child has a disability that is not solely physical in nature and has significant functional limitations, as specified.

Under this bill, a child who is under 5 years of age would be provisionally eligible for regional center services if the child has a disability that is not solely physical in nature and has significant functional limitations, as specified, without regard to whether the child is not otherwise eligible for regional center services under the definition of developmental disability.

Existing law requires the regional center, after an infant or toddler has been determined eligible for early intervention services, to determine if the child is also provisionally eligible for regional center services.

This bill would instead authorize a regional center to concurrently assess an infant or toddler who has been determined eligible for early intervention services to determine whether the infant or toddler is provisionally eligible for regional center services.

Existing law requires a regional center to assess an infant or toddler who has been determined eligible for early intervention services, at least 90 days before they turn 3 years of age, for purposes of determining their ongoing eligibility for regional center services. If the regional center determines that the child does not have a developmental disability, existing law requires the regional center to determine if the child is provisionally eligible for regional center services.

This bill would instead require a regional center to assess a child who qualifies for early intervention services but has not been found to have a developmental disability or to be provisionally eligible, at least 90 days before they turn 3 years of age, for purposes of determining their eligibility for regional center services.

(7)The act authorizes the department to implement the provision of social recreation services, camping services, and nonmedical therapies by means of written directives or similar instructions, including the provision of those services as participant-directed services.

This bill would require regional centers to use certain principles when purchasing those services, including that consumers receive services and supports in settings that are typical of those in which persons without disabilities engage in social recreation, camping, or nonmedical therapies. The bill would prohibit regional center purchase-of-service policies and related procedures from imposing certain restrictions or conditions on those services.

The bill would require, by October 1, 2024, regional centers to designate one or more employees to serve as a point of contact regarding access to those services and any related policies, procedures, or written directives, as specified. The bill would require, by January 1, 2025, regional centers to adopt procedures aimed at increasing the availability of vendors and expediting vendorizations accordingly. The bill would require, by March 1, 2025, regional center staff to complete training about those services, as specified.

The bill would require the department, as part of its quarterly briefings to the Legislature, to provide certain information on the status of implementation of these provisions. The bill would make changes to related legislative findings.

(8)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(9)The Budget Act of 2021 made appropriations for the support of state government for the 202122 fiscal year.

This bill would reappropriate specified amounts from the Budget Act of 2021 to extend the period to liquidate encumbrances of those funds to June 30, 2025.

(10)This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.