California Senate Bill SB1427 Amended / Bill

 BILL NUMBER: SB 1427AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 21, 2016 AMENDED IN SENATE MARCH 28, 2016 INTRODUCED BY Senator Pavley FEBRUARY 19, 2016 An act to add Section 4850.4 to the Welfare and Institutions Code, relating to developmental services. LEGISLATIVE COUNSEL'S DIGEST SB 1427, as amended, Pavley. Workforce development: developmentally disabled individuals. Existing law, the Lanterman Developmental Disabilities Services Act, authorizes the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities. Existing law governs the habilitation services provided for adult consumers of regional centers, including work activity programs, as described, and establishes an hourly rate for supported employment services provided to consumers receiving individualized services. Existing law requires the department, contingent upon receiving federal financial participation, to conduct a 4-year demonstration project to determine whether community-based vocational development services will increase employment outcomes for consumers and reduce purchase of service costs for working age adults. This bill would require, on or before July 1, 2017, the department to establish a Work Transition Project with  guidelines and an approved   a  process for regional centers to allow  blended or braided   well coordinated  forms of integrated services using allowable services under existing state and federal law and to assist in the state's efforts to reach compliance with the federal Home and Community-Based Services Waiver regulations.  The bill would authorize the department to waive, until March 31, 2019, regulatory requirements that inhibit the provision of services in competitive integrated settings.   The bill would authorize the department to waive certain regulations through the use of modifications that maintain the purpose of   the regulation while allowing flexibility to expand activities and choices in service program settings. The bill would set a maximum rate of $40 per hour for vendors to provide needed job readiness and support services aimed at individualized transition services for consumers currently placed in work activity programs and other similar day services related to work experience and work opportunities who choose to move towards competitive integrated employment.  The bill would require the department to assess the decrease in time that it takes a consumer under these provisions to become job ready and to transition into an integrated work setting and to report that information to the budget committee of each house of the Legislature during the annual budget process. 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. (a) It is the intent of the Legislature to ensure that individuals with developmental disabilities who are earning income do not lose their vocational opportunities and earning power due to changes related to the home- and community-based services settings rule due to the implementation of the Workforce Innovation and Opportunity Act. (b) Individuals with developmental disabilities struggle to find gainful employment. Unemployment among the people with developmental disabilities has been estimated at more than 80 percent. (c) California's Employment First Policy and changes to the federal home- and community-based services settings rule require the state to increase opportunities for individuals with developmental disabilities to achieve competitive integrated employment. (d) There are thousands of consumers today earning some income in existing employment programs who are complying with current rules and deserve specific attention during this transition period to ensure they have the opportunity for, and access to, more integrated work settings of their choice. (e) In order to increase the self-sufficiency of adults with developmental disabilities, including increased earning capacity and reduced government benefit support, it is important that the state implement a program to provide opportunities for individuals to engage in job discovery and job readiness training to assist their transition to more competitive integrated employment and to ensure employment success. (f) The Governor and the Legislature must address the growing need for new models of assessment, career training, and expanding employment opportunities and support options for adults with developmental disabilities who currently work in less integrated work activity programs and group supported employment earning less than minimum wage. If this population is left without purposefully designed pathways into more competitive integrated employment, these adults will be at higher risk of public dependency throughout the course of their lives. SEC. 2. Section 4850.4 is added to the Welfare and Institutions Code, to read: 4850.4. (a) (1) On or before July 1, 2017, the department shall establish a Work Transition Project with  guidelines and an approved   a  process for regional centers to allow  blended or braided   well coordinated  forms of integrated services using allowable services under existing state and federal law. The project shall assist in the state's efforts to reach compliance with the federal Home and Community-Based Services Waiver regulations by March 31, 2019.  (2) A maximum of 75 hours per quarter, at no more than an equivalent of $40 forty dollars ($40) per hour shall be allowed for vendors to provide needed job readiness and support services aimed at individualized transition services for consumers currently placed in segregated work settings who choose to move toward competitive integrated employment.   (3) For purposes of this subdivision, "blended or braided forms of integrated services" means services for a single consumer that are funded by multiple agencies or entities and that work as a single program.   (b) The department shall allow regional centers to customize skill development and job readiness programs for consumers, as appropriate, by partnering with work activity programs and group supported employment vendors to transition those consumers who choose to move towards integrated competitive employment. The department may waive, until March 31, 2019, regulatory requirements that inhibit the provision of services in competitive integrated settings.   (2) Well coordinated forms of integrated services approved under the project shall be eligible to receive available funding appropriated for transitioning programs toward compliance with the federal Home and Community-Based Services Waiver regulations.   (b) (1) The department shall allow regional centers to increase opportunities for consumers by customizing skill development and employability programs, as appropriate, by partnering with work activity programs and other similar day services related to work experience and work opportunities to support those consumers who choose to move towards competitive integrated employment.   (2) The rate shall be no more than an equivalent of forty dollars ($40) per hour for vendors to provide needed job readiness and support services aimed at individualized transition services for consumers currently placed in work activity programs and other similar day services related to work experience and work opportunities who choose to move towards competitive integrated employment. Hours of participation in job readiness and support services may be provided in addition to, or in lieu of, the hours of participation in existing work activity programs and other similar day services, as determined by the consumer's individual program planning team.   (3) If necessary to provide flexibility from program requirements that have the effect of social isolation and restricting community integration activities, the department may waive certain regulations through the use of modifications that maintain the purpose of the regulation while allowing flexibility to expand activities and choices in service program settings, including Sections 58820 and 58821 of Title 17, and Sections 82079 and 82087.2 of Title 22 of, the California Code of Regulations.   (c) (1) The department shall allow regional centers to support career pathway development by partnering with group supported employment programs and other similar day services to support those consumers who choose to move toward competitive integrated employment.   (2) As determined by the consumer's individual program planning team, additional job coaching hours at the current established rate may be authorized to provide career pathway development to support those consumers who choose to move toward competitive integrated employment.   (c)   (d)  The department shall assess the decrease in time that it takes a consumer under these provisions to become job ready and to transition into an integrated work setting. The department shall report to the budget committee of each house of the Legislature during the annual budget process regarding the use of these provisions and the measurable outcomes. Any report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.