BILL NUMBER: SB 468INTRODUCED BILL TEXT INTRODUCED BY Senators Emmerson and Beall (Coauthor: Assembly Member Blumenfield) FEBRUARY 21, 2013 An act to add Section 4685.8 to the Welfare and Institutions Code, relating to developmental services. LEGISLATIVE COUNSEL'S DIGEST SB 468, as introduced, Emmerson. Developmental services: statewide self-determination project. Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services contracts with regional centers to provide support and services to individuals with developmental disabilities. Under existing law, the regional centers purchase needed services and supports for individuals with developmental disabilities through approved service providers, or arrange for their provision through other publicly funded agencies. The services and supports to be provided to a regional center consumer are contained in an individual program plan (IPP), developed in accordance with prescribed requirements. Existing law establishes, contingent upon approval of a federal waiver, the Self-Directed Services Program, and requires the program to be available in every regional center catchment area to provide participants, within an individual budget, greater control over needed services and supports. This bill would require the department to implement a statewide self-determination project under which funds from regional center budgets are allocated for local self-determination projects that will enhance the ability of a consumer and his or her family to control the decisions and resources required to meet the objectives in his or her individual program plan. The statewide project would be phased in over 3 years, and serve up to 2500 regional center consumers. The bill would require the department to ensure, among other things, that self-determination is available as a choice and participants in the project reflect the disability, ethnic, and geographic diversity of the state. The bill would require self-determination projects to include, among other things, increased consumer and family control over which services best meet their needs and the IPP objectives and comprehensive person-centered planning. This bill would require a self-determination project to establish a local advisory committee, as prescribed, to provide oversight of the project and to submit, by September 1, 2016, specified recommendations to the department regarding the effectiveness of the project. This bill would require the department to report to the Legislature, as provided, by January 1, 2017, regarding the status of each project established under the bill, and would render this reporting requirement inoperative on January 1, 2021. 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. The Legislature finds and declares all of the following: (a) In 1998, the Legislature expanded the Lanterman Developmental Disabilities Services Act to include a self-determination pilot program. That pilot program was continued by the Legislature in 2002 and 2003. However, the pilot program was only available at five regional centers and the number of individuals served by the self-determination pilot program remains small, about 200 regional center consumers. (b) As reflected in the State Department of Developmental Services 2002 Report to the Legislature, the pilot program remains an innovative, cost-effective and successful way of providing services to regional center consumers and their families. The findings in the report show that self-determination pilot program participants were happy and experienced more freedom and responsibility in controlling the direction of their services and life choices, and the program was cost-neutral in the aggregate. The report also found that good self-determination requires intensive person-centered planning, collaboration, and follow-along services and supports. (c) Most other states have self-directed services as a model for providing services. Many California consumers and families have asked for a statewide expansion of the pilot program believing it will do the following: increase innovative and effective services, eliminate bureaucracy, and increase choices for consumers and parents, thereby allowing them to increase their control of services and supports by easily navigating increasingly complex service systems. (d) The intent of this act is to allow for voluntary participation in the self-determination projects while ensuring that the project is available to all consumers regardless of geographic location, economic or educational background, or race or ethnicity, and ensuring a consistent statewide method of administration and comparable services. To ensure these outcomes are achieved, it is the intent of the Legislature that the State Department of Developmental Services and local advisory boards be responsible for oversight and monitoring of funds used for self-determination projects and the achievement of consumer outcomes. (e) In addition, the intent of this act is that the self-determination project be phased in over a three-year period and that the project will continue to be available to all consumers as an option after the initial phase-in period ends. SEC. 2. Section 4685.8 is added to the Welfare and Institutions Code, to read: 4685.8. (a) Notwithstanding any other provision of law, the department shall implement a statewide self-determination project under which funds from regional center budgets shall be allocated for local self-determination projects that will enhance the ability of a consumer and his or her family to control the decisions and resources required to meet the objectives in his or her individual program plan. The statewide project shall be phased in over three years, and serve up to 2500 regional center consumers. (b) The department in establishing the statewide project shall ensure the following: (1) That self-determination is available as a choice for up to 2500 regional center consumers. (2) That participants in the project reflect the disability, ethnic, and geographic diversity of the state. (3) That the project is cost neutral in the aggregate. (4) A statewide method of administration and determining comparable services. (5) Oversight of expenditure of self-directed funds and the achievement of consumer outcomes over time. (c) Self-determination projects funded shall include, but not be limited to, all of the following: (1) Increased consumer and family control over which services best meet their needs and the individual program plan objectives. (2) Comprehensive person-centered planning, including an individual budget and services that are outcome based. (3) Consumer and family training to ensure understanding of the planning process and management of budgets, services, and staff. (4) Choice of independent facilitators who can assist with the person-centered planning process and fiscal intermediaries who can assist with payments and provide employee-related services. (5) Innovation that will more effectively allow consumers to achieve their goals. (6) Programs that provide for the utilization of parent vendors, direct pay options, individual budgets for the procurement of services and supports, alternative case management, and vouchers. (d) Each self-determination project shall establish a local advisory committee to provide oversight of the self-determination project. The regional center, area board, and the Office of Clients' Rights Advocacy of Disability Rights California shall each appoint one-third of the membership of the committee, which shall consist of consumers, family members, clients' rights advocates and other advocates, and community leaders. The committee shall reflect the multicultural diversity and geographic profile of the catchment area. The committee shall review the development and ongoing progress of the self-determination project, including whether the project is operating consistent with the requirements of subdivisions (a) and (b), and may make ongoing recommendations for improvement to the regional center and the department. By September 1, 2016, the local advisory committee shall submit to the department recommendations regarding the effectiveness of the project and the continuation and expansion of self-determined services. (e) The department shall issue a report to the Legislature no later than January 1, 2017, on the status of each self-determination project authorized by this section, and provide recommendations with respect to continuation and expansion. (f) (1) The requirement for submitting a report imposed under subdivision (e) is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted pursuant to subdivision (e) shall be submitted in compliance with Section 9797 of the Government Code.