California Assembly Bill AB564 Amended / Bill

 BILL NUMBER: AB 564AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 6, 2015 AMENDED IN ASSEMBLY APRIL 22, 2015 AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member Eggman FEBRUARY 24, 2015 An act to amend Section 4784 of the Welfare and Institutions Code, relating to developmental services, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 564, as amended, Eggman. Regional centers: parental fees. Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is required to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires the Director of Developmental Services to establish, annually review, and adjust as needed, a schedule of parental fees for services received through the regional centers. Existing law provides that all parental fees collected by or for regional centers are remitted to the State Treasury to be deposited in the Program Development Fund, a continuously appropriated fund. This bill would require the Director of Developmental Services to account for major unusual expenses in establishing the amount of the parental fee, and to adjust the parental fee schedule for the level of annual gross income and the number of persons living in the family home. To the extent fees are increased by this adjustment, this bill would make an appropriation. This bill would also authorize a parent to appeal the parental fee determination and would require the department to consider  specified  information  regarding the parent's ability to pay  when evaluating the appeal. Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 4784 of the Welfare and Institutions Code is amended to read: 4784. (a) The Director of Developmental Services shall establish, annually review, and adjust as needed, a schedule of parental fees for services received through the regional centers. Effective July 1, 2009, this schedule shall be revised to reflect changes in economic conditions that affect parents' ability to pay the fee, but not to exceed an inflationary factor as determined by the department. (b) The parental fee schedule established pursuant to this section shall be exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (c) In establishing the amount parents shall pay, the director shall take into account all of the following factors: (1) The current cost of caring for a child at home, as determined by the most recent data available from the United States Department of Agriculture's survey on the cost of raising a child in California, adjusted for the Consumer Price Index (CPI) from the survey date to the date of payment adjustment. (2) Medical expenses incurred prior to regional center care. (3) Whether the child is living at home. (4) Parental payments for medical expenses, clothing, incidentals, and other items considered necessary for the normal rearing of a child. (5) Transportation expenses incurred in visiting a child. (6) Major unusual expenses, including, but not limited to, expenses caused by a natural disaster, catastrophic uninsured loss, or significant recent medical expenses. (d) The parental fee schedule shall exempt families with an income below the federal poverty level from assessment and payment of the parental fee. (e) The parental fee schedule shall be adjusted for the level of annual gross income and the number of persons living in the family home. (f) (1) The adjusted fee shall be assessed in full for children when the out-of-home placement commences on or after July 1, 2009. (2) For children placed out-of-home prior to July 1, 2009, the department shall determine the increase in the parental fee above the amount assessed using the fee schedule in effect on June 30, 2009. This fee increase shall be implemented over three years, with one-third of the increase added to the fee on July 1, 2009, one-third of the increase added to the fee on July 1, 2010, and the final third added to the fee on July 1, 2011. (g) Notwithstanding any other law or regulation, commencing July 1, 2009, all fees collected shall be remitted to the State Treasury to be deposited as follows: (1) Fees collected up to the amount that would be assessed using the fee schedule in effect on June 30, 2009, shall be deposited into the Program Development Fund established in Chapter 6 (commencing with Section 4670) to provide resources needed to initiate new programs, consistent with approved priorities for program development in the state plan. (2) Fees collected using the July 1, 2009, schedule that are greater than the amount that would have been assessed using the fee schedule in effect on June 30, 2009, shall be deposited into the Program Development Fund and shall be available for expenditure by the department to offset General Fund costs. (h) The following apply to the imposition of a parental fee under this section: (1) A parent may appeal the department's determination of the amount the parent is required to  pay.   pay pursuant to regulations established by the department.  (2) The department shall consider the same information regarding a parent's gross income and the factors listed in subdivision (c) when considering an appeal of a parental fee determination. (3) If a parental fee is adjusted as a result of an appeal, the amount of the adjusted parental fee imposed shall be determined in accordance with the parental fee schedule.