California Senate Bill SB764 Amended / Bill

 BILL NUMBER: SB 764AMENDED BILL TEXT AMENDED IN SENATE JANUARY 12, 2012 AMENDED IN SENATE JANUARY 4, 2012 AMENDED IN SENATE APRIL 14, 2011 INTRODUCED BY Senator Steinberg FEBRUARY 18, 2011 An act to add Section 4686.21 to the Welfare and Institutions Code, relating to developmental services. LEGISLATIVE COUNSEL'S DIGEST SB 764, as amended, Steinberg. Developmental services: telehealth systems program. Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is authorized to contract with regional centers to provide support and services to individuals with developmental disabilities. This bill would require the department to  establish the telehealth systems program to   , on a demonstration pilot project basis,  authorize a provider who is currently vendorized with a regional center to provide applied behavioral analysis (ABA) services, intensive behavioral intervention (IBI) services, or both, to provide these services through the use of telehealth systems (THS), as defined,  as part of a consumer's individual program plan  upon approval of a regional center  and the voluntary approval of the consumer or specified persons  .  It   The bill  would also  require the department, on this basis, to  authorize a regional center to purchase ABA or IBI services  provided  through the use of THS  as part of a consumer's individual program plan  if the  consumer or specified persons voluntarily approve this use and the  provider can demonstrate a potential benefit for the consumer or regional center, or both, through the use of THS and can establish that the services being provided comply with specified requirements. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 4686.21 is added to the Welfare and Institutions Code, to read: 4686.21. (a) The State Department of Developmental Services shall  establish the telehealth systems program. The program shall accomplish   , on a demonstration pilot basis,   do  all of the following: (1) Authorize a provider who is currently vendorized with a regional center to provide applied behavioral analysis (ABA) services, intensive behavioral intervention (IBI) services, or both, to provide these services through the use of telehealth systems (THS)  as part of a consumer's individual program plan  upon approval of a regional center  and the voluntary approval of the consumer, or where appropriate, his or her parents, legal guardian, conservator, or authorized representative  . (2) Authorize a regional center to purchase ABA or IBI services  provided  through the use of THS  as part of a consumer' s individual program plan if both the consumer, or where appropriate, his or her parents, legal guardian, conservator, or authorized   representative voluntarily approves this use of THS and  if the provider can demonstrate a potential benefit for the consumer or regional center, or both, through the use of THS and can establish that the services being provided are in compliance with at least all of the following: (A) ABA and IBI program requirements in existence on the effective date of this section. (B) All requirements related to consumer privacy and confidentiality. (C) The requirements of this division. (D) State and federal requirements with regards to the purchase of regional center services. (E) All federal funding participation guidelines and requirements.  (F) The consumer's individual program plan.  (3) Require regional centers to consider the use of THS in the implementation of parent training for autism ABA or behavior intervention services as specified in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c) of Section 4685, or both. (b) The department shall implement vendorization codes or subcodes, or both, for all THS services and programs that apply pursuant to this section. (c) The provider shall be responsible for all expenses and costs related to the equipment, transmission, storage, infrastructure, and other expenses related to the THS. (d) For purposes of this section,  "telehealth   the following definitions shall apply:   (1)     "Applied behavioral analysis" and "intensive behavioral intervention" have the same meanings as provided in Section 4686.2.   (2)     "Telehealth  systems" means a mode of delivering services  and   that utilizes  information  that utilizes   and communications  technologies to  enable   facilitate the diagnosis,  evaluation, consultation,  and  treatment  , education, care management, supports, and self-management  of  individuals, and the provision of supports, self-management, and other appropriate services, including synchronous and asynchronous interactions, to individuals who are within the purview and responsibility of the regional center   consumers,  regardless of the location of the providers or  individuals   consumers. Telehealth systems also includes synchronous interactions and asynchronous store and forward transfers  .  (e) For purposes of this section, "applied behavioral analysis" and "intensive behavioral intervention" have the same meanings as provided in Section 4686.2.