| Old | New | Differences | |
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| 1 | - | Amended IN Assembly April | |
| 1 | + | Amended IN Assembly April 03, 2018 Amended IN Assembly March 20, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1990Introduced by Assembly Member MathisFebruary 01, 2018 An act to amend Section 4681.1 of the Welfare and Institutions Code, add Chapter 16 (commencing with Section 4890) to Division 4.5 of the Welfare and Institutions Code, relating to persons with developmental services. disabilities, and making an appropriation therefor.LEGISLATIVE COUNSEL'S DIGESTAB 1990, as amended, Mathis. Developmental services: community care facilities: rates. California Integrated Community Living Program.Under existing Existing law, the Lanterman Developmental Disabilities Services Act, Act (Lanterman Act), establishes the State Department of Developmental Services Services, which is responsible for providing various services and supports to persons with developmental disabilities, and for ensuring the appropriateness and quality of those services and supports. The Lanterman Act requires the department to enter into contracts with private nonprofit corporations to operate regional centers, which are required to provide, or arrange for the provision of, services and supports for persons with developmental disabilities. Under existing law, the state is responsible for developing and implementing a statewide program encouraging the establishment of sufficient numbers and types of living arrangements, both in communities and state hospitals, as necessary, to meet the needs of persons with disabilities.Existing law requires the department to establish and maintain an equitable system of payment to providers of community living facilities of good quality for persons with developmental disabilities, and requires that system of payment to include provision for a rate to ensure that the provider can meet the special needs of persons with developmental disabilities and provide quality programs, as specified. Existing law requires the department to adopt regulations that specify rates for community care facilities serving persons with developmental disabilities, calculated on the basis of a cost model designed by the department that ensures that aggregate facility payments support the provision of services to each person, as prescribed. Existing law requires the department to provide the Legislature with annual community care facility rates, including any draft amendments to those regulations as required, and contingent upon an appropriation in the annual Budget Act, to adopt emergency regulations that establish the annual rates for community care facilities serving persons with developmental disabilities for each fiscal year. Existing law requires individual facilities to be held harmless for any reduction in aggregate facility payments caused solely by the change in reimbursement methodology during the first year of operation under the revised rate model.This bill would hold individual facilities harmless for reductions in aggregate facility payments caused by the change in reimbursement methodology indefinitely.Existing law establishes the Department of Housing and Community Development (DHCD) in the Business, Consumer Services, and Housing Agency. The DHCD is responsible for administering various housing and home loan programs throughout the state.This bill would establish the California Integrated Community Living Program in the State Department of Developmental Services. The program would provide deferred payment loans to finance capital and other specified costs for permanent, supportive housing for individuals who are regional center clients in order to maximize affordable integrated community living opportunities within communities for people with intellectual and developmental disabilities. The bill would require the department and the DHCD to enter into an interagency agreement to administer the Integrated Community Living Program Fund, which would be created by, and continuously appropriated to the department for, the purposes described in the bill. The bill would prescribe the moneys to be deposited into the fund, including all moneys received by the department through the lease or other revenue-generating agreement for the properties of certain developmental centers, with specified exclusions. The bill would specify that moneys in the fund would not be used to supplant or backfill any existing program budget within either department. By creating a continuously appropriated fund, the bill would make an appropriation. The bill would require the department to convene an advisory committee to advise and assist in establishing funding priorities, with an emphasis on funding priorities for this program, as specified.This bill would require the DHCD to set forth minimum criteria for developing and administering a competitive application process to award funding for loans under the bill, as specified. The bill would require the DHCD to distribute funds in a manner that maximizes access to low-income housing tax credit program projects for the target population, and that also incentivizes development of creative permanent supportive housing projects outside of that program, as specified. The bill also would require the DHCD to adopt guidelines establishing income and rent standards for potential residents of properties funded under the program, including standards based solely on federal Supplemental Security Income. The bill would require the department and the DHCD to develop community integration criteria to set the maximum percentage of apartment units reserved for persons with intellectual or developmental disabilities within specified program projects, and to stipulate community integration standards for small projects.Digest Key Vote: MAJORITY2/3 Appropriation: NOYES Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:Chapter 16 (commencing with Section 4890) is added to Division 4.5 of the Welfare and Institutions Code, to read: CHAPTER 16. California Integrated Community Living Program4890. The California Integrated Community Living Program is established within the department, for the purpose of providing deferred payment loans to finance the capital costs, including, but not limited to, acquisition, design, construction, rehabilitation, or preservation, of permanent supportive housing for the target population in order to maximize affordable integrated community living opportunities for people with intellectual and developmental disabilities. For purposes of this chapter, target population means individuals who are regional center clients.4891. (a) The Integrated Community Living Program Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund shall be continuously appropriated to the department, without regard to fiscal years, to be used for the purposes described in this chapter. The following shall be deposited into the fund:(1) All moneys received by the department through the lease or other revenue-generating agreement for the properties of Fairview Developmental Center and the General Treatment Area of Porterville Developmental Center, excluding existing revenues associated with Harbor Village, Shannons Mountain, and similar future projects.(2) All other moneys appropriated by the Legislature for purposes of this chapter.(3) Federal or state grants, or private donations or grants made for the purposes of this chapter.(b) The department and the Department of Housing and Community Development shall enter into an interagency agreement for the purpose of administering the fund.(c) Moneys in the fund shall not be used to supplant or backfill any existing program budget within the department or the Department of Housing and Community Development.(d) No more than 5 percent of moneys in the fund may be used by the departments to cover the costs of administering this chapter.4892. The department shall convene an advisory committee consisting of stakeholders and interest groups to advise and assist in establishing funding priorities, with an emphasis on affordable housing, for this program. The committee shall convene every five years to review funding priorities.4893. (a) The Department of Housing and Community Development shall develop and administer a competitive application process to award funding for loans under this chapter.(b) In addition to the capital costs described in Section 4890, funding shall be available for operating and rent subsidies to achieve deeper affordability for the target population.(c) In order to be eligible for funding, a project shall integrate the target population with the general public.(d) The Department of Housing and Community Development shall distribute funds in a manner that maximizes access to low-income housing tax credit program projects for the target population, and that also incentivizes development of creative permanent supportive housing projects outside of that program that meet the unique needs of individuals living with intellectual and developmental disabilities, including, but not limited to, small multifamily housing projects, small multiunit homes, and modular construction.(e) The Department of Housing and Community Development shall evaluate applications using, at minimum, the following criteria:(1) The current supply and demand of affordable community housing opportunities for people with intellectual and developmental disabilities in the region.(2) The extent to which supported living service and other community-based service providers are available to serve the proposed project location to support successful housing placements.(3) The extent to which funds are leveraged for capital costs.(4) The extent to which projects achieve deeper affordability through the use of nonstate project-based rental assistance, operating subsidies, or other funding.(5) Project readiness.4894. (a) The Department of Housing and Community Development shall adopt guidelines establishing income and rent standards for potential residents of properties funded under the program, which shall include standards based solely on SSI income. For purposes of this chapter, SSI means the federal Supplemental Security Income program established under Title XVI of the federal Social Security Act.(b) The department and the Department of Housing and Community Development, with stakeholder input, shall develop community integration criteria to set the maximum percentage of apartment units reserved for persons with intellectual or developmental disabilities within low-income housing tax credit program projects, and to stipulate community integration standards for small projects.SECTION 1.Section 4681.1 of the Welfare and Institutions Code is amended to read:4681.1.(a)The department shall adopt regulations that specify rates for community care facilities serving persons with developmental disabilities. The implementation of the regulations shall be contingent upon an appropriation in the annual Budget Act for this purpose. These rates shall be calculated on the basis of a cost model designed by the department that ensures that aggregate facility payments support the provision of services to each person in accordance with his or her individual program plan and applicable program requirements. The cost model shall reflect cost elements that shall include, but are not limited to, all of the following:(1)Basic living needs include utilities, furnishings, food, supplies, incidental transportation, housekeeping, personal care items, and other items necessary to ensure a quality environment for persons with developmental disabilities. The amount identified for the basic living needs element of the rate shall be calculated as the average projected cost of these items in an economically and efficiently operated community care facility.(2)Direct care includes salaries, wages, benefits, and other expenses necessary to supervise or support the persons functioning in the areas of self-care and daily living skills, physical coordination mobility, and behavioral self-control, choice making, and integration. The amount identified for direct care shall be calculated as the average projected cost of providing the level of service required to meet each persons functional needs in an economically and efficiently operated community care facility. The direct care portion of the rate shall reflect specific service levels defined by the department on the basis of relative resident need and the individual program plan.(3)Special services include specialized training, treatment, supervision, or other services that a persons individual program plan requires to be provided by the residential facility in addition to the direct care provided under paragraph (2). The amount identified for special services shall be calculated for each individual based on the additional services specified in the persons individual program plan and the prevailing rates paid for similar services in the area. The special services portion of the rate shall reflect a negotiated agreement between the facility and the regional center in accordance with Section 4648.(4)Indirect costs include managerial personnel, facility operation, maintenance and repair, other nondirect care, employee benefits, contracts, training, travel, licenses, taxes, interest, insurance, depreciation, and general administrative expenses. The amount identified for indirect costs shall be calculated as the average projected cost for these expenses in an economically and efficiently operated community care facility.(5)Property costs include mortgages, leases, rent, taxes, capital or leasehold improvements, depreciation, and other expenses related to the physical structure. The amount identified for property costs shall be based on the fair rental value of a model facility that is adequately designed, constructed, and maintained to meet the needs of persons with developmental disabilities. The amount identified for property costs shall be calculated as the average projected fair rental value of an economically and efficiently operated community care facility.(b)The cost model shall take into account factors that include, but are not limited to, all of the following:(1)Facility size, as defined by the department on the basis of the number of facility beds licensed by the State Department of Social Services and vendorized by the regional center.(2)Specific geographic areas, as defined by the department on the basis of cost of living and other pertinent economic indicators.(3)Common levels of direct care, as defined by the department on the basis of services specific to an identifiable group of persons as determined through the individual program plan.(4)Positive outcomes, as defined by the department on the basis of increased integration, independence, and productivity at the aggregate facility and individual consumer level.(5)Owner-operated and staff-operated reimbursement, which shall not differ for facilities that are required to comply with the same program requirements.(c)The rates established for individual community care facilities serving persons with developmental disabilities shall reflect all of the model cost elements and rate development factors described in this section. The cost model design shall include a process for updating the cost model elements that address variables, including, but not limited to, all of the following:(1)Economic trends in California.(2)New state or federal program requirements.(3)Changes in the state or federal minimum wage.(4)Increases in fees, taxes, or other business costs.(5)Increases in federal supplemental security income/state supplementary program for the aged, blind, and disabled payments.(d)Rates established for persons with developmental disabilities who are also dually diagnosed with a mental health disorder may be fixed at a higher rate. The department shall work with the State Department of Health Care Services to establish criteria upon which higher rates may be fixed pursuant to this subdivision. The higher rate for persons with developmental disabilities who are also dually diagnosed with a mental health disorder may be paid when requested by the director of the regional center and approved by the Director of Developmental Services.(e)By January 1, 2001, the department shall prepare proposed regulations to implement the changes outlined in this section. The department may use a private firm to assist in the development of these changes and shall confer with consumers, providers, and other interested parties concerning the proposed regulations. By May 15, 2001, and each year thereafter, the department shall provide the Legislature with annual community care facility rates, including any draft amendments to the regulations as required. By July 1, 2001, and each year thereafter, contingent upon an appropriation in the annual Budget Act for this purpose, the department shall adopt emergency regulations that establish the annual rates for community care facilities serving persons with developmental disabilities for each fiscal year.(f)Individual facilities shall be held harmless for any reduction in aggregate facility payments caused solely by the change in reimbursement methodology. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly April 03, 2018 Amended IN Assembly March 20, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1990Introduced by Assembly Member MathisFebruary 01, 2018 An act to amend Section 4681.1 of the Welfare and Institutions Code, add Chapter 16 (commencing with Section 4890) to Division 4.5 of the Welfare and Institutions Code, relating to persons with developmental services. disabilities, and making an appropriation therefor.LEGISLATIVE COUNSEL'S DIGESTAB 1990, as amended, Mathis. Developmental services: community care facilities: rates. California Integrated Community Living Program.Under existing Existing law, the Lanterman Developmental Disabilities Services Act, Act (Lanterman Act), establishes the State Department of Developmental Services Services, which is responsible for providing various services and supports to persons with developmental disabilities, and for ensuring the appropriateness and quality of those services and supports. The Lanterman Act requires the department to enter into contracts with private nonprofit corporations to operate regional centers, which are required to provide, or arrange for the provision of, services and supports for persons with developmental disabilities. Under existing law, the state is responsible for developing and implementing a statewide program encouraging the establishment of sufficient numbers and types of living arrangements, both in communities and state hospitals, as necessary, to meet the needs of persons with disabilities.Existing law requires the department to establish and maintain an equitable system of payment to providers of community living facilities of good quality for persons with developmental disabilities, and requires that system of payment to include provision for a rate to ensure that the provider can meet the special needs of persons with developmental disabilities and provide quality programs, as specified. Existing law requires the department to adopt regulations that specify rates for community care facilities serving persons with developmental disabilities, calculated on the basis of a cost model designed by the department that ensures that aggregate facility payments support the provision of services to each person, as prescribed. Existing law requires the department to provide the Legislature with annual community care facility rates, including any draft amendments to those regulations as required, and contingent upon an appropriation in the annual Budget Act, to adopt emergency regulations that establish the annual rates for community care facilities serving persons with developmental disabilities for each fiscal year. Existing law requires individual facilities to be held harmless for any reduction in aggregate facility payments caused solely by the change in reimbursement methodology during the first year of operation under the revised rate model.This bill would hold individual facilities harmless for reductions in aggregate facility payments caused by the change in reimbursement methodology indefinitely.Existing law establishes the Department of Housing and Community Development (DHCD) in the Business, Consumer Services, and Housing Agency. The DHCD is responsible for administering various housing and home loan programs throughout the state.This bill would establish the California Integrated Community Living Program in the State Department of Developmental Services. The program would provide deferred payment loans to finance capital and other specified costs for permanent, supportive housing for individuals who are regional center clients in order to maximize affordable integrated community living opportunities within communities for people with intellectual and developmental disabilities. The bill would require the department and the DHCD to enter into an interagency agreement to administer the Integrated Community Living Program Fund, which would be created by, and continuously appropriated to the department for, the purposes described in the bill. The bill would prescribe the moneys to be deposited into the fund, including all moneys received by the department through the lease or other revenue-generating agreement for the properties of certain developmental centers, with specified exclusions. The bill would specify that moneys in the fund would not be used to supplant or backfill any existing program budget within either department. By creating a continuously appropriated fund, the bill would make an appropriation. The bill would require the department to convene an advisory committee to advise and assist in establishing funding priorities, with an emphasis on funding priorities for this program, as specified.This bill would require the DHCD to set forth minimum criteria for developing and administering a competitive application process to award funding for loans under the bill, as specified. The bill would require the DHCD to distribute funds in a manner that maximizes access to low-income housing tax credit program projects for the target population, and that also incentivizes development of creative permanent supportive housing projects outside of that program, as specified. The bill also would require the DHCD to adopt guidelines establishing income and rent standards for potential residents of properties funded under the program, including standards based solely on federal Supplemental Security Income. The bill would require the department and the DHCD to develop community integration criteria to set the maximum percentage of apartment units reserved for persons with intellectual or developmental disabilities within specified program projects, and to stipulate community integration standards for small projects.Digest Key Vote: MAJORITY2/3 Appropriation: NOYES Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly April 03, 2018 Amended IN Assembly March 20, 2018 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 30, 2018 | |
| 8 | 7 | Amended IN Assembly April 03, 2018 | |
| 9 | 8 | Amended IN Assembly March 20, 2018 | |
| 10 | 9 | ||
| 11 | 10 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 12 | 11 | ||
| 13 | 12 | Assembly Bill No. 1990 | |
| 14 | 13 | ||
| 15 | - | Introduced by Assembly Member | |
| 14 | + | Introduced by Assembly Member MathisFebruary 01, 2018 | |
| 16 | 15 | ||
| 17 | - | Introduced by Assembly Member Mathis | |
| 16 | + | Introduced by Assembly Member Mathis | |
| 18 | 17 | February 01, 2018 | |
| 19 | 18 | ||
| 20 | - | An act to add Chapter 16 (commencing with Section 4890) to Division 4.5 of the Welfare and Institutions Code, relating to persons with developmental disabilities, and making an appropriation therefor. | |
| 19 | + | An act to amend Section 4681.1 of the Welfare and Institutions Code, add Chapter 16 (commencing with Section 4890) to Division 4.5 of the Welfare and Institutions Code, relating to persons with developmental services. disabilities, and making an appropriation therefor. | |
| 21 | 20 | ||
| 22 | 21 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 22 | ||
| 24 | 23 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 24 | ||
| 26 | - | AB 1990, as amended, Mathis. California Integrated Community Living Program. | |
| 25 | + | AB 1990, as amended, Mathis. Developmental services: community care facilities: rates. California Integrated Community Living Program. | |
| 27 | 26 | ||
| 28 | - | Existing law, the Lanterman Developmental Disabilities Services Act (Lanterman Act), establishes the State Department of Developmental Services, which is responsible for providing various services and supports to persons with developmental disabilities, and for ensuring the appropriateness and quality of those services and supports. The Lanterman Act requires the department to enter into contracts with private nonprofit corporations to operate regional centers, which are required to provide, or arrange for the provision of, services and supports for persons with developmental disabilities. Under existing law, the state is responsible for developing and implementing a statewide program encouraging the establishment of sufficient numbers and types of living arrangements, both in communities and state hospitals, as necessary, to meet the needs of persons with disabilities.Existing law establishes the Department of Housing and Community Development (DHCD) in the Business, Consumer Services, and Housing Agency. The DHCD is responsible for administering various housing and home loan programs throughout the state.This bill would establish the California Integrated Community Living Program in the State Department of Developmental Services. The program would provide deferred payment loans to finance capital and other specified costs for permanent, supportive housing for individuals who are regional center clients in order to maximize affordable integrated community living opportunities within communities for people with intellectual and developmental disabilities. The bill would require the department and the DHCD to enter into an interagency agreement to administer the Integrated Community Living Program Fund, which would be created by, and continuously appropriated to the department for, the purposes described in the bill. The bill would prescribe the moneys to be deposited into the fund, including all moneys received by the department through the lease | |
| 27 | + | Under existing Existing law, the Lanterman Developmental Disabilities Services Act, Act (Lanterman Act), establishes the State Department of Developmental Services Services, which is responsible for providing various services and supports to persons with developmental disabilities, and for ensuring the appropriateness and quality of those services and supports. The Lanterman Act requires the department to enter into contracts with private nonprofit corporations to operate regional centers, which are required to provide, or arrange for the provision of, services and supports for persons with developmental disabilities. Under existing law, the state is responsible for developing and implementing a statewide program encouraging the establishment of sufficient numbers and types of living arrangements, both in communities and state hospitals, as necessary, to meet the needs of persons with disabilities.Existing law requires the department to establish and maintain an equitable system of payment to providers of community living facilities of good quality for persons with developmental disabilities, and requires that system of payment to include provision for a rate to ensure that the provider can meet the special needs of persons with developmental disabilities and provide quality programs, as specified. Existing law requires the department to adopt regulations that specify rates for community care facilities serving persons with developmental disabilities, calculated on the basis of a cost model designed by the department that ensures that aggregate facility payments support the provision of services to each person, as prescribed. Existing law requires the department to provide the Legislature with annual community care facility rates, including any draft amendments to those regulations as required, and contingent upon an appropriation in the annual Budget Act, to adopt emergency regulations that establish the annual rates for community care facilities serving persons with developmental disabilities for each fiscal year. Existing law requires individual facilities to be held harmless for any reduction in aggregate facility payments caused solely by the change in reimbursement methodology during the first year of operation under the revised rate model.This bill would hold individual facilities harmless for reductions in aggregate facility payments caused by the change in reimbursement methodology indefinitely.Existing law establishes the Department of Housing and Community Development (DHCD) in the Business, Consumer Services, and Housing Agency. The DHCD is responsible for administering various housing and home loan programs throughout the state.This bill would establish the California Integrated Community Living Program in the State Department of Developmental Services. The program would provide deferred payment loans to finance capital and other specified costs for permanent, supportive housing for individuals who are regional center clients in order to maximize affordable integrated community living opportunities within communities for people with intellectual and developmental disabilities. The bill would require the department and the DHCD to enter into an interagency agreement to administer the Integrated Community Living Program Fund, which would be created by, and continuously appropriated to the department for, the purposes described in the bill. The bill would prescribe the moneys to be deposited into the fund, including all moneys received by the department through the lease or other revenue-generating agreement for the properties of certain developmental centers, with specified exclusions. The bill would specify that moneys in the fund would not be used to supplant or backfill any existing program budget within either department. By creating a continuously appropriated fund, the bill would make an appropriation. The bill would require the department to convene an advisory committee to advise and assist in establishing funding priorities, with an emphasis on funding priorities for this program, as specified.This bill would require the DHCD to set forth minimum criteria for developing and administering a competitive application process to award funding for loans under the bill, as specified. The bill would require the DHCD to distribute funds in a manner that maximizes access to low-income housing tax credit program projects for the target population, and that also incentivizes development of creative permanent supportive housing projects outside of that program, as specified. The bill also would require the DHCD to adopt guidelines establishing income and rent standards for potential residents of properties funded under the program, including standards based solely on federal Supplemental Security Income. The bill would require the department and the DHCD to develop community integration criteria to set the maximum percentage of apartment units reserved for persons with intellectual or developmental disabilities within specified program projects, and to stipulate community integration standards for small projects. | |
| 29 | 28 | ||
| 30 | - | Existing law, the Lanterman Developmental Disabilities Services Act (Lanterman Act), establishes the State Department of Developmental Services, which is responsible for providing various services and supports to persons with developmental disabilities, and for ensuring the appropriateness and quality of those services and supports. The Lanterman Act requires the department to enter into contracts with private nonprofit corporations to operate regional centers, which are required to provide, or arrange for the provision of, services and supports for persons with developmental disabilities. Under existing law, the state is responsible for developing and implementing a statewide program encouraging the establishment of sufficient numbers and types of living arrangements, both in communities and state hospitals, as necessary, to meet the needs of persons with disabilities. | |
| 29 | + | Under existing | |
| 30 | + | ||
| 31 | + | ||
| 32 | + | ||
| 33 | + | Existing law, the Lanterman Developmental Disabilities Services Act, Act (Lanterman Act), establishes the State Department of Developmental Services Services, which is responsible for providing various services and supports to persons with developmental disabilities, and for ensuring the appropriateness and quality of those services and supports. The Lanterman Act requires the department to enter into contracts with private nonprofit corporations to operate regional centers, which are required to provide, or arrange for the provision of, services and supports for persons with developmental disabilities. Under existing law, the state is responsible for developing and implementing a statewide program encouraging the establishment of sufficient numbers and types of living arrangements, both in communities and state hospitals, as necessary, to meet the needs of persons with disabilities. | |
| 34 | + | ||
| 35 | + | Existing law requires the department to establish and maintain an equitable system of payment to providers of community living facilities of good quality for persons with developmental disabilities, and requires that system of payment to include provision for a rate to ensure that the provider can meet the special needs of persons with developmental disabilities and provide quality programs, as specified. Existing law requires the department to adopt regulations that specify rates for community care facilities serving persons with developmental disabilities, calculated on the basis of a cost model designed by the department that ensures that aggregate facility payments support the provision of services to each person, as prescribed. Existing law requires the department to provide the Legislature with annual community care facility rates, including any draft amendments to those regulations as required, and contingent upon an appropriation in the annual Budget Act, to adopt emergency regulations that establish the annual rates for community care facilities serving persons with developmental disabilities for each fiscal year. Existing law requires individual facilities to be held harmless for any reduction in aggregate facility payments caused solely by the change in reimbursement methodology during the first year of operation under the revised rate model. | |
| 36 | + | ||
| 37 | + | ||
| 38 | + | ||
| 39 | + | This bill would hold individual facilities harmless for reductions in aggregate facility payments caused by the change in reimbursement methodology indefinitely. | |
| 40 | + | ||
| 41 | + | ||
| 31 | 42 | ||
| 32 | 43 | Existing law establishes the Department of Housing and Community Development (DHCD) in the Business, Consumer Services, and Housing Agency. The DHCD is responsible for administering various housing and home loan programs throughout the state. | |
| 33 | 44 | ||
| 34 | - | This bill would establish the California Integrated Community Living Program in the State Department of Developmental Services. The program would provide deferred payment loans to finance capital and other specified costs for permanent, supportive housing for individuals who are regional center clients in order to maximize affordable integrated community living opportunities within communities for people with intellectual and developmental disabilities. The bill would require the department and the DHCD to enter into an interagency agreement to administer the Integrated Community Living Program Fund, which would be created by, and continuously appropriated to the department for, the purposes described in the bill. The bill would prescribe the moneys to be deposited into the fund, including all moneys received by the department through the lease | |
| 45 | + | This bill would establish the California Integrated Community Living Program in the State Department of Developmental Services. The program would provide deferred payment loans to finance capital and other specified costs for permanent, supportive housing for individuals who are regional center clients in order to maximize affordable integrated community living opportunities within communities for people with intellectual and developmental disabilities. The bill would require the department and the DHCD to enter into an interagency agreement to administer the Integrated Community Living Program Fund, which would be created by, and continuously appropriated to the department for, the purposes described in the bill. The bill would prescribe the moneys to be deposited into the fund, including all moneys received by the department through the lease or other revenue-generating agreement for the properties of certain developmental centers, with specified exclusions. The bill would specify that moneys in the fund would not be used to supplant or backfill any existing program budget within either department. By creating a continuously appropriated fund, the bill would make an appropriation. The bill would require the department to convene an advisory committee to advise and assist in establishing funding priorities, with an emphasis on funding priorities for this program, as specified. | |
| 35 | 46 | ||
| 36 | 47 | This bill would require the DHCD to set forth minimum criteria for developing and administering a competitive application process to award funding for loans under the bill, as specified. The bill would require the DHCD to distribute funds in a manner that maximizes access to low-income housing tax credit program projects for the target population, and that also incentivizes development of creative permanent supportive housing projects outside of that program, as specified. The bill also would require the DHCD to adopt guidelines establishing income and rent standards for potential residents of properties funded under the program, including standards based solely on federal Supplemental Security Income. The bill would require the department and the DHCD to develop community integration criteria to set the maximum percentage of apartment units reserved for persons with intellectual or developmental disabilities within specified program projects, and to stipulate community integration standards for small projects. | |
| 37 | 48 | ||
| 38 | 49 | ## Digest Key | |
| 39 | 50 | ||
| 40 | 51 | ## Bill Text | |
| 41 | 52 | ||
| 42 | - | The people of the State of California do enact as follows: | |
| 53 | + | The people of the State of California do enact as follows:Chapter 16 (commencing with Section 4890) is added to Division 4.5 of the Welfare and Institutions Code, to read: CHAPTER 16. California Integrated Community Living Program4890. The California Integrated Community Living Program is established within the department, for the purpose of providing deferred payment loans to finance the capital costs, including, but not limited to, acquisition, design, construction, rehabilitation, or preservation, of permanent supportive housing for the target population in order to maximize affordable integrated community living opportunities for people with intellectual and developmental disabilities. For purposes of this chapter, target population means individuals who are regional center clients.4891. (a) The Integrated Community Living Program Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund shall be continuously appropriated to the department, without regard to fiscal years, to be used for the purposes described in this chapter. The following shall be deposited into the fund:(1) All moneys received by the department through the lease or other revenue-generating agreement for the properties of Fairview Developmental Center and the General Treatment Area of Porterville Developmental Center, excluding existing revenues associated with Harbor Village, Shannons Mountain, and similar future projects.(2) All other moneys appropriated by the Legislature for purposes of this chapter.(3) Federal or state grants, or private donations or grants made for the purposes of this chapter.(b) The department and the Department of Housing and Community Development shall enter into an interagency agreement for the purpose of administering the fund.(c) Moneys in the fund shall not be used to supplant or backfill any existing program budget within the department or the Department of Housing and Community Development.(d) No more than 5 percent of moneys in the fund may be used by the departments to cover the costs of administering this chapter.4892. The department shall convene an advisory committee consisting of stakeholders and interest groups to advise and assist in establishing funding priorities, with an emphasis on affordable housing, for this program. The committee shall convene every five years to review funding priorities.4893. (a) The Department of Housing and Community Development shall develop and administer a competitive application process to award funding for loans under this chapter.(b) In addition to the capital costs described in Section 4890, funding shall be available for operating and rent subsidies to achieve deeper affordability for the target population.(c) In order to be eligible for funding, a project shall integrate the target population with the general public.(d) The Department of Housing and Community Development shall distribute funds in a manner that maximizes access to low-income housing tax credit program projects for the target population, and that also incentivizes development of creative permanent supportive housing projects outside of that program that meet the unique needs of individuals living with intellectual and developmental disabilities, including, but not limited to, small multifamily housing projects, small multiunit homes, and modular construction.(e) The Department of Housing and Community Development shall evaluate applications using, at minimum, the following criteria:(1) The current supply and demand of affordable community housing opportunities for people with intellectual and developmental disabilities in the region.(2) The extent to which supported living service and other community-based service providers are available to serve the proposed project location to support successful housing placements.(3) The extent to which funds are leveraged for capital costs.(4) The extent to which projects achieve deeper affordability through the use of nonstate project-based rental assistance, operating subsidies, or other funding.(5) Project readiness.4894. (a) The Department of Housing and Community Development shall adopt guidelines establishing income and rent standards for potential residents of properties funded under the program, which shall include standards based solely on SSI income. For purposes of this chapter, SSI means the federal Supplemental Security Income program established under Title XVI of the federal Social Security Act.(b) The department and the Department of Housing and Community Development, with stakeholder input, shall develop community integration criteria to set the maximum percentage of apartment units reserved for persons with intellectual or developmental disabilities within low-income housing tax credit program projects, and to stipulate community integration standards for small projects.SECTION 1.Section 4681.1 of the Welfare and Institutions Code is amended to read:4681.1.(a)The department shall adopt regulations that specify rates for community care facilities serving persons with developmental disabilities. The implementation of the regulations shall be contingent upon an appropriation in the annual Budget Act for this purpose. These rates shall be calculated on the basis of a cost model designed by the department that ensures that aggregate facility payments support the provision of services to each person in accordance with his or her individual program plan and applicable program requirements. The cost model shall reflect cost elements that shall include, but are not limited to, all of the following:(1)Basic living needs include utilities, furnishings, food, supplies, incidental transportation, housekeeping, personal care items, and other items necessary to ensure a quality environment for persons with developmental disabilities. The amount identified for the basic living needs element of the rate shall be calculated as the average projected cost of these items in an economically and efficiently operated community care facility.(2)Direct care includes salaries, wages, benefits, and other expenses necessary to supervise or support the persons functioning in the areas of self-care and daily living skills, physical coordination mobility, and behavioral self-control, choice making, and integration. The amount identified for direct care shall be calculated as the average projected cost of providing the level of service required to meet each persons functional needs in an economically and efficiently operated community care facility. The direct care portion of the rate shall reflect specific service levels defined by the department on the basis of relative resident need and the individual program plan.(3)Special services include specialized training, treatment, supervision, or other services that a persons individual program plan requires to be provided by the residential facility in addition to the direct care provided under paragraph (2). The amount identified for special services shall be calculated for each individual based on the additional services specified in the persons individual program plan and the prevailing rates paid for similar services in the area. The special services portion of the rate shall reflect a negotiated agreement between the facility and the regional center in accordance with Section 4648.(4)Indirect costs include managerial personnel, facility operation, maintenance and repair, other nondirect care, employee benefits, contracts, training, travel, licenses, taxes, interest, insurance, depreciation, and general administrative expenses. The amount identified for indirect costs shall be calculated as the average projected cost for these expenses in an economically and efficiently operated community care facility.(5)Property costs include mortgages, leases, rent, taxes, capital or leasehold improvements, depreciation, and other expenses related to the physical structure. The amount identified for property costs shall be based on the fair rental value of a model facility that is adequately designed, constructed, and maintained to meet the needs of persons with developmental disabilities. The amount identified for property costs shall be calculated as the average projected fair rental value of an economically and efficiently operated community care facility.(b)The cost model shall take into account factors that include, but are not limited to, all of the following:(1)Facility size, as defined by the department on the basis of the number of facility beds licensed by the State Department of Social Services and vendorized by the regional center.(2)Specific geographic areas, as defined by the department on the basis of cost of living and other pertinent economic indicators.(3)Common levels of direct care, as defined by the department on the basis of services specific to an identifiable group of persons as determined through the individual program plan.(4)Positive outcomes, as defined by the department on the basis of increased integration, independence, and productivity at the aggregate facility and individual consumer level.(5)Owner-operated and staff-operated reimbursement, which shall not differ for facilities that are required to comply with the same program requirements.(c)The rates established for individual community care facilities serving persons with developmental disabilities shall reflect all of the model cost elements and rate development factors described in this section. The cost model design shall include a process for updating the cost model elements that address variables, including, but not limited to, all of the following:(1)Economic trends in California.(2)New state or federal program requirements.(3)Changes in the state or federal minimum wage.(4)Increases in fees, taxes, or other business costs.(5)Increases in federal supplemental security income/state supplementary program for the aged, blind, and disabled payments.(d)Rates established for persons with developmental disabilities who are also dually diagnosed with a mental health disorder may be fixed at a higher rate. The department shall work with the State Department of Health Care Services to establish criteria upon which higher rates may be fixed pursuant to this subdivision. The higher rate for persons with developmental disabilities who are also dually diagnosed with a mental health disorder may be paid when requested by the director of the regional center and approved by the Director of Developmental Services.(e)By January 1, 2001, the department shall prepare proposed regulations to implement the changes outlined in this section. The department may use a private firm to assist in the development of these changes and shall confer with consumers, providers, and other interested parties concerning the proposed regulations. By May 15, 2001, and each year thereafter, the department shall provide the Legislature with annual community care facility rates, including any draft amendments to the regulations as required. By July 1, 2001, and each year thereafter, contingent upon an appropriation in the annual Budget Act for this purpose, the department shall adopt emergency regulations that establish the annual rates for community care facilities serving persons with developmental disabilities for each fiscal year.(f)Individual facilities shall be held harmless for any reduction in aggregate facility payments caused solely by the change in reimbursement methodology. | |
| 43 | 54 | ||
| 44 | 55 | The people of the State of California do enact as follows: | |
| 45 | 56 | ||
| 46 | 57 | ## The people of the State of California do enact as follows: | |
| 47 | 58 | ||
| 48 | - | ||
| 59 | + | Chapter 16 (commencing with Section 4890) is added to Division 4.5 of the Welfare and Institutions Code, to read: CHAPTER 16. California Integrated Community Living Program4890. The California Integrated Community Living Program is established within the department, for the purpose of providing deferred payment loans to finance the capital costs, including, but not limited to, acquisition, design, construction, rehabilitation, or preservation, of permanent supportive housing for the target population in order to maximize affordable integrated community living opportunities for people with intellectual and developmental disabilities. For purposes of this chapter, target population means individuals who are regional center clients.4891. (a) The Integrated Community Living Program Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund shall be continuously appropriated to the department, without regard to fiscal years, to be used for the purposes described in this chapter. The following shall be deposited into the fund:(1) All moneys received by the department through the lease or other revenue-generating agreement for the properties of Fairview Developmental Center and the General Treatment Area of Porterville Developmental Center, excluding existing revenues associated with Harbor Village, Shannons Mountain, and similar future projects.(2) All other moneys appropriated by the Legislature for purposes of this chapter.(3) Federal or state grants, or private donations or grants made for the purposes of this chapter.(b) The department and the Department of Housing and Community Development shall enter into an interagency agreement for the purpose of administering the fund.(c) Moneys in the fund shall not be used to supplant or backfill any existing program budget within the department or the Department of Housing and Community Development.(d) No more than 5 percent of moneys in the fund may be used by the departments to cover the costs of administering this chapter.4892. The department shall convene an advisory committee consisting of stakeholders and interest groups to advise and assist in establishing funding priorities, with an emphasis on affordable housing, for this program. The committee shall convene every five years to review funding priorities.4893. (a) The Department of Housing and Community Development shall develop and administer a competitive application process to award funding for loans under this chapter.(b) In addition to the capital costs described in Section 4890, funding shall be available for operating and rent subsidies to achieve deeper affordability for the target population.(c) In order to be eligible for funding, a project shall integrate the target population with the general public.(d) The Department of Housing and Community Development shall distribute funds in a manner that maximizes access to low-income housing tax credit program projects for the target population, and that also incentivizes development of creative permanent supportive housing projects outside of that program that meet the unique needs of individuals living with intellectual and developmental disabilities, including, but not limited to, small multifamily housing projects, small multiunit homes, and modular construction.(e) The Department of Housing and Community Development shall evaluate applications using, at minimum, the following criteria:(1) The current supply and demand of affordable community housing opportunities for people with intellectual and developmental disabilities in the region.(2) The extent to which supported living service and other community-based service providers are available to serve the proposed project location to support successful housing placements.(3) The extent to which funds are leveraged for capital costs.(4) The extent to which projects achieve deeper affordability through the use of nonstate project-based rental assistance, operating subsidies, or other funding.(5) Project readiness.4894. (a) The Department of Housing and Community Development shall adopt guidelines establishing income and rent standards for potential residents of properties funded under the program, which shall include standards based solely on SSI income. For purposes of this chapter, SSI means the federal Supplemental Security Income program established under Title XVI of the federal Social Security Act.(b) The department and the Department of Housing and Community Development, with stakeholder input, shall develop community integration criteria to set the maximum percentage of apartment units reserved for persons with intellectual or developmental disabilities within low-income housing tax credit program projects, and to stipulate community integration standards for small projects. | |
| 49 | 60 | ||
| 50 | - | ||
| 61 | + | Chapter 16 (commencing with Section 4890) is added to Division 4.5 of the Welfare and Institutions Code, to read: | |
| 51 | 62 | ||
| 52 | - | ||
| 63 | + | CHAPTER 16. California Integrated Community Living Program4890. The California Integrated Community Living Program is established within the department, for the purpose of providing deferred payment loans to finance the capital costs, including, but not limited to, acquisition, design, construction, rehabilitation, or preservation, of permanent supportive housing for the target population in order to maximize affordable integrated community living opportunities for people with intellectual and developmental disabilities. For purposes of this chapter, target population means individuals who are regional center clients.4891. (a) The Integrated Community Living Program Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund shall be continuously appropriated to the department, without regard to fiscal years, to be used for the purposes described in this chapter. The following shall be deposited into the fund:(1) All moneys received by the department through the lease or other revenue-generating agreement for the properties of Fairview Developmental Center and the General Treatment Area of Porterville Developmental Center, excluding existing revenues associated with Harbor Village, Shannons Mountain, and similar future projects.(2) All other moneys appropriated by the Legislature for purposes of this chapter.(3) Federal or state grants, or private donations or grants made for the purposes of this chapter.(b) The department and the Department of Housing and Community Development shall enter into an interagency agreement for the purpose of administering the fund.(c) Moneys in the fund shall not be used to supplant or backfill any existing program budget within the department or the Department of Housing and Community Development.(d) No more than 5 percent of moneys in the fund may be used by the departments to cover the costs of administering this chapter.4892. The department shall convene an advisory committee consisting of stakeholders and interest groups to advise and assist in establishing funding priorities, with an emphasis on affordable housing, for this program. The committee shall convene every five years to review funding priorities.4893. (a) The Department of Housing and Community Development shall develop and administer a competitive application process to award funding for loans under this chapter.(b) In addition to the capital costs described in Section 4890, funding shall be available for operating and rent subsidies to achieve deeper affordability for the target population.(c) In order to be eligible for funding, a project shall integrate the target population with the general public.(d) The Department of Housing and Community Development shall distribute funds in a manner that maximizes access to low-income housing tax credit program projects for the target population, and that also incentivizes development of creative permanent supportive housing projects outside of that program that meet the unique needs of individuals living with intellectual and developmental disabilities, including, but not limited to, small multifamily housing projects, small multiunit homes, and modular construction.(e) The Department of Housing and Community Development shall evaluate applications using, at minimum, the following criteria:(1) The current supply and demand of affordable community housing opportunities for people with intellectual and developmental disabilities in the region.(2) The extent to which supported living service and other community-based service providers are available to serve the proposed project location to support successful housing placements.(3) The extent to which funds are leveraged for capital costs.(4) The extent to which projects achieve deeper affordability through the use of nonstate project-based rental assistance, operating subsidies, or other funding.(5) Project readiness.4894. (a) The Department of Housing and Community Development shall adopt guidelines establishing income and rent standards for potential residents of properties funded under the program, which shall include standards based solely on SSI income. For purposes of this chapter, SSI means the federal Supplemental Security Income program established under Title XVI of the federal Social Security Act.(b) The department and the Department of Housing and Community Development, with stakeholder input, shall develop community integration criteria to set the maximum percentage of apartment units reserved for persons with intellectual or developmental disabilities within low-income housing tax credit program projects, and to stipulate community integration standards for small projects. | |
| 53 | 64 | ||
| 54 | - | CHAPTER 16. California Integrated Community Living Program4890. The California Integrated Community Living Program is established within the department, for the purpose of providing deferred payment loans to finance the capital costs, including, but not limited to, acquisition, design, construction, rehabilitation, or preservation, of permanent supportive housing for the target population in order to maximize affordable integrated community living opportunities for people with intellectual and developmental disabilities. For purposes of this chapter, target population means individuals who are regional center clients.4891. (a) The Integrated Community Living Program Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund shall be continuously appropriated to the department, without regard to fiscal years, to be used for the purposes described in this chapter. The following shall be deposited into the fund:(1) All moneys received by the department through the lease sale, lease, or other revenue-generating agreement for the properties of Fairview Developmental Center and the General Treatment Area of Porterville Developmental Center, any state developmental center property, excluding existing revenues associated with the current Harbor Village, Shannons Mountain, and similar future Village or Shannons Mountain projects.(2) All other moneys appropriated by the Legislature for purposes of this chapter.(3) Federal or state grants, or private donations or grants made for the purposes of this chapter.(b) The department and the Department of Housing and Community Development shall enter into an interagency agreement for the purpose of administering the fund.(c) Moneys in the fund shall not be used to supplant or backfill any existing program budget within the department or the Department of Housing and Community Development.(d) No more than 5 percent of moneys in the fund may be used by the departments to cover the costs of administering this chapter.4892. The department shall convene an advisory committee consisting of stakeholders and interest groups to advise and assist in establishing funding priorities, with an emphasis on affordable housing, for this program. The committee shall convene every five years to review funding priorities.4893. (a) The Department of Housing and Community Development shall develop and administer a competitive application process to award funding for loans under this chapter.(b) In addition to the capital costs described in Section 4890, funding shall be available for operating and rent subsidies to achieve deeper affordability for the target population.(c) In order to be eligible for funding, a project shall integrate the target population with the general public.(d) The Department of Housing and Community Development shall distribute funds in a manner that maximizes access to low-income housing tax credit program projects for the target population, and that also incentivizes development of creative permanent supportive housing projects outside of that program that meet the unique needs of individuals living with intellectual and developmental disabilities, including, but not limited to, small multifamily housing projects, small multiunit homes, and modular construction.(e) The Department of Housing and Community Development shall evaluate applications using, at minimum, the following criteria:(1) The current supply and demand of affordable community housing opportunities for people with intellectual and developmental disabilities in the region.(2) The extent to which supported living service and other community-based service providers are available to serve the proposed project location to support successful housing placements.(3) The extent to which funds are leveraged for capital costs.(4) The extent to which projects achieve deeper affordability through the use of nonstate project-based rental assistance, operating subsidies, or other funding.(5) Project readiness.4894. (a) The Department of Housing and Community Development shall adopt guidelines establishing income and rent standards for potential residents of properties funded under the program, which shall include standards based solely on SSI income. For purposes of this chapter, SSI means the federal Supplemental Security Income program established under Title XVI of the federal Social Security Act.(b) The department and the Department of Housing and Community Development, with stakeholder input, shall develop community integration criteria to set the maximum percentage of apartment units reserved for persons with intellectual or developmental disabilities within low-income housing tax credit program projects, and to stipulate community integration standards for small projects. | |
| 55 | - | ||
| 56 | - | CHAPTER 16. California Integrated Community Living Program4890. The California Integrated Community Living Program is established within the department, for the purpose of providing deferred payment loans to finance the capital costs, including, but not limited to, acquisition, design, construction, rehabilitation, or preservation, of permanent supportive housing for the target population in order to maximize affordable integrated community living opportunities for people with intellectual and developmental disabilities. For purposes of this chapter, target population means individuals who are regional center clients.4891. (a) The Integrated Community Living Program Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund shall be continuously appropriated to the department, without regard to fiscal years, to be used for the purposes described in this chapter. The following shall be deposited into the fund:(1) All moneys received by the department through the lease sale, lease, or other revenue-generating agreement for the properties of Fairview Developmental Center and the General Treatment Area of Porterville Developmental Center, any state developmental center property, excluding existing revenues associated with the current Harbor Village, Shannons Mountain, and similar future Village or Shannons Mountain projects.(2) All other moneys appropriated by the Legislature for purposes of this chapter.(3) Federal or state grants, or private donations or grants made for the purposes of this chapter.(b) The department and the Department of Housing and Community Development shall enter into an interagency agreement for the purpose of administering the fund.(c) Moneys in the fund shall not be used to supplant or backfill any existing program budget within the department or the Department of Housing and Community Development.(d) No more than 5 percent of moneys in the fund may be used by the departments to cover the costs of administering this chapter.4892. The department shall convene an advisory committee consisting of stakeholders and interest groups to advise and assist in establishing funding priorities, with an emphasis on affordable housing, for this program. The committee shall convene every five years to review funding priorities.4893. (a) The Department of Housing and Community Development shall develop and administer a competitive application process to award funding for loans under this chapter.(b) In addition to the capital costs described in Section 4890, funding shall be available for operating and rent subsidies to achieve deeper affordability for the target population.(c) In order to be eligible for funding, a project shall integrate the target population with the general public.(d) The Department of Housing and Community Development shall distribute funds in a manner that maximizes access to low-income housing tax credit program projects for the target population, and that also incentivizes development of creative permanent supportive housing projects outside of that program that meet the unique needs of individuals living with intellectual and developmental disabilities, including, but not limited to, small multifamily housing projects, small multiunit homes, and modular construction.(e) The Department of Housing and Community Development shall evaluate applications using, at minimum, the following criteria:(1) The current supply and demand of affordable community housing opportunities for people with intellectual and developmental disabilities in the region.(2) The extent to which supported living service and other community-based service providers are available to serve the proposed project location to support successful housing placements.(3) The extent to which funds are leveraged for capital costs.(4) The extent to which projects achieve deeper affordability through the use of nonstate project-based rental assistance, operating subsidies, or other funding.(5) Project readiness.4894. (a) The Department of Housing and Community Development shall adopt guidelines establishing income and rent standards for potential residents of properties funded under the program, which shall include standards based solely on SSI income. For purposes of this chapter, SSI means the federal Supplemental Security Income program established under Title XVI of the federal Social Security Act.(b) The department and the Department of Housing and Community Development, with stakeholder input, shall develop community integration criteria to set the maximum percentage of apartment units reserved for persons with intellectual or developmental disabilities within low-income housing tax credit program projects, and to stipulate community integration standards for small projects. | |
| 65 | + | CHAPTER 16. California Integrated Community Living Program4890. The California Integrated Community Living Program is established within the department, for the purpose of providing deferred payment loans to finance the capital costs, including, but not limited to, acquisition, design, construction, rehabilitation, or preservation, of permanent supportive housing for the target population in order to maximize affordable integrated community living opportunities for people with intellectual and developmental disabilities. For purposes of this chapter, target population means individuals who are regional center clients.4891. (a) The Integrated Community Living Program Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund shall be continuously appropriated to the department, without regard to fiscal years, to be used for the purposes described in this chapter. The following shall be deposited into the fund:(1) All moneys received by the department through the lease or other revenue-generating agreement for the properties of Fairview Developmental Center and the General Treatment Area of Porterville Developmental Center, excluding existing revenues associated with Harbor Village, Shannons Mountain, and similar future projects.(2) All other moneys appropriated by the Legislature for purposes of this chapter.(3) Federal or state grants, or private donations or grants made for the purposes of this chapter.(b) The department and the Department of Housing and Community Development shall enter into an interagency agreement for the purpose of administering the fund.(c) Moneys in the fund shall not be used to supplant or backfill any existing program budget within the department or the Department of Housing and Community Development.(d) No more than 5 percent of moneys in the fund may be used by the departments to cover the costs of administering this chapter.4892. The department shall convene an advisory committee consisting of stakeholders and interest groups to advise and assist in establishing funding priorities, with an emphasis on affordable housing, for this program. The committee shall convene every five years to review funding priorities.4893. (a) The Department of Housing and Community Development shall develop and administer a competitive application process to award funding for loans under this chapter.(b) In addition to the capital costs described in Section 4890, funding shall be available for operating and rent subsidies to achieve deeper affordability for the target population.(c) In order to be eligible for funding, a project shall integrate the target population with the general public.(d) The Department of Housing and Community Development shall distribute funds in a manner that maximizes access to low-income housing tax credit program projects for the target population, and that also incentivizes development of creative permanent supportive housing projects outside of that program that meet the unique needs of individuals living with intellectual and developmental disabilities, including, but not limited to, small multifamily housing projects, small multiunit homes, and modular construction.(e) The Department of Housing and Community Development shall evaluate applications using, at minimum, the following criteria:(1) The current supply and demand of affordable community housing opportunities for people with intellectual and developmental disabilities in the region.(2) The extent to which supported living service and other community-based service providers are available to serve the proposed project location to support successful housing placements.(3) The extent to which funds are leveraged for capital costs.(4) The extent to which projects achieve deeper affordability through the use of nonstate project-based rental assistance, operating subsidies, or other funding.(5) Project readiness.4894. (a) The Department of Housing and Community Development shall adopt guidelines establishing income and rent standards for potential residents of properties funded under the program, which shall include standards based solely on SSI income. For purposes of this chapter, SSI means the federal Supplemental Security Income program established under Title XVI of the federal Social Security Act.(b) The department and the Department of Housing and Community Development, with stakeholder input, shall develop community integration criteria to set the maximum percentage of apartment units reserved for persons with intellectual or developmental disabilities within low-income housing tax credit program projects, and to stipulate community integration standards for small projects. | |
| 57 | 66 | ||
| 58 | 67 | CHAPTER 16. California Integrated Community Living Program | |
| 59 | 68 | ||
| 60 | 69 | CHAPTER 16. California Integrated Community Living Program | |
| 61 | 70 | ||
| 62 | 71 | 4890. The California Integrated Community Living Program is established within the department, for the purpose of providing deferred payment loans to finance the capital costs, including, but not limited to, acquisition, design, construction, rehabilitation, or preservation, of permanent supportive housing for the target population in order to maximize affordable integrated community living opportunities for people with intellectual and developmental disabilities. For purposes of this chapter, target population means individuals who are regional center clients. | |
| 63 | 72 | ||
| 64 | 73 | ||
| 65 | 74 | ||
| 66 | 75 | 4890. The California Integrated Community Living Program is established within the department, for the purpose of providing deferred payment loans to finance the capital costs, including, but not limited to, acquisition, design, construction, rehabilitation, or preservation, of permanent supportive housing for the target population in order to maximize affordable integrated community living opportunities for people with intellectual and developmental disabilities. For purposes of this chapter, target population means individuals who are regional center clients. | |
| 67 | 76 | ||
| 68 | - | 4891. (a) The Integrated Community Living Program Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund shall be continuously appropriated to the department, without regard to fiscal years, to be used for the purposes described in this chapter. The following shall be deposited into the fund:(1) All moneys received by the department through the lease | |
| 77 | + | 4891. (a) The Integrated Community Living Program Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund shall be continuously appropriated to the department, without regard to fiscal years, to be used for the purposes described in this chapter. The following shall be deposited into the fund:(1) All moneys received by the department through the lease or other revenue-generating agreement for the properties of Fairview Developmental Center and the General Treatment Area of Porterville Developmental Center, excluding existing revenues associated with Harbor Village, Shannons Mountain, and similar future projects.(2) All other moneys appropriated by the Legislature for purposes of this chapter.(3) Federal or state grants, or private donations or grants made for the purposes of this chapter.(b) The department and the Department of Housing and Community Development shall enter into an interagency agreement for the purpose of administering the fund.(c) Moneys in the fund shall not be used to supplant or backfill any existing program budget within the department or the Department of Housing and Community Development.(d) No more than 5 percent of moneys in the fund may be used by the departments to cover the costs of administering this chapter. | |
| 69 | 78 | ||
| 70 | 79 | ||
| 71 | 80 | ||
| 72 | 81 | 4891. (a) The Integrated Community Living Program Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund shall be continuously appropriated to the department, without regard to fiscal years, to be used for the purposes described in this chapter. The following shall be deposited into the fund: | |
| 73 | 82 | ||
| 74 | - | (1) All moneys received by the department through the lease | |
| 83 | + | (1) All moneys received by the department through the lease or other revenue-generating agreement for the properties of Fairview Developmental Center and the General Treatment Area of Porterville Developmental Center, excluding existing revenues associated with Harbor Village, Shannons Mountain, and similar future projects. | |
| 75 | 84 | ||
| 76 | 85 | (2) All other moneys appropriated by the Legislature for purposes of this chapter. | |
| 77 | 86 | ||
| 78 | 87 | (3) Federal or state grants, or private donations or grants made for the purposes of this chapter. | |
| 79 | 88 | ||
| 80 | 89 | (b) The department and the Department of Housing and Community Development shall enter into an interagency agreement for the purpose of administering the fund. | |
| 81 | 90 | ||
| 82 | 91 | (c) Moneys in the fund shall not be used to supplant or backfill any existing program budget within the department or the Department of Housing and Community Development. | |
| 83 | 92 | ||
| 84 | 93 | (d) No more than 5 percent of moneys in the fund may be used by the departments to cover the costs of administering this chapter. | |
| 85 | 94 | ||
| 86 | 95 | 4892. The department shall convene an advisory committee consisting of stakeholders and interest groups to advise and assist in establishing funding priorities, with an emphasis on affordable housing, for this program. The committee shall convene every five years to review funding priorities. | |
| 87 | 96 | ||
| 88 | 97 | ||
| 89 | 98 | ||
| 90 | 99 | 4892. The department shall convene an advisory committee consisting of stakeholders and interest groups to advise and assist in establishing funding priorities, with an emphasis on affordable housing, for this program. The committee shall convene every five years to review funding priorities. | |
| 91 | 100 | ||
| 92 | 101 | 4893. (a) The Department of Housing and Community Development shall develop and administer a competitive application process to award funding for loans under this chapter.(b) In addition to the capital costs described in Section 4890, funding shall be available for operating and rent subsidies to achieve deeper affordability for the target population.(c) In order to be eligible for funding, a project shall integrate the target population with the general public.(d) The Department of Housing and Community Development shall distribute funds in a manner that maximizes access to low-income housing tax credit program projects for the target population, and that also incentivizes development of creative permanent supportive housing projects outside of that program that meet the unique needs of individuals living with intellectual and developmental disabilities, including, but not limited to, small multifamily housing projects, small multiunit homes, and modular construction.(e) The Department of Housing and Community Development shall evaluate applications using, at minimum, the following criteria:(1) The current supply and demand of affordable community housing opportunities for people with intellectual and developmental disabilities in the region.(2) The extent to which supported living service and other community-based service providers are available to serve the proposed project location to support successful housing placements.(3) The extent to which funds are leveraged for capital costs.(4) The extent to which projects achieve deeper affordability through the use of nonstate project-based rental assistance, operating subsidies, or other funding.(5) Project readiness. | |
| 93 | 102 | ||
| 94 | 103 | ||
| 95 | 104 | ||
| 96 | 105 | 4893. (a) The Department of Housing and Community Development shall develop and administer a competitive application process to award funding for loans under this chapter. | |
| 97 | 106 | ||
| 98 | 107 | (b) In addition to the capital costs described in Section 4890, funding shall be available for operating and rent subsidies to achieve deeper affordability for the target population. | |
| 99 | 108 | ||
| 100 | 109 | (c) In order to be eligible for funding, a project shall integrate the target population with the general public. | |
| 101 | 110 | ||
| 102 | 111 | (d) The Department of Housing and Community Development shall distribute funds in a manner that maximizes access to low-income housing tax credit program projects for the target population, and that also incentivizes development of creative permanent supportive housing projects outside of that program that meet the unique needs of individuals living with intellectual and developmental disabilities, including, but not limited to, small multifamily housing projects, small multiunit homes, and modular construction. | |
| 103 | 112 | ||
| 104 | 113 | (e) The Department of Housing and Community Development shall evaluate applications using, at minimum, the following criteria: | |
| 105 | 114 | ||
| 106 | 115 | (1) The current supply and demand of affordable community housing opportunities for people with intellectual and developmental disabilities in the region. | |
| 107 | 116 | ||
| 108 | 117 | (2) The extent to which supported living service and other community-based service providers are available to serve the proposed project location to support successful housing placements. | |
| 109 | 118 | ||
| 110 | 119 | (3) The extent to which funds are leveraged for capital costs. | |
| 111 | 120 | ||
| 112 | 121 | (4) The extent to which projects achieve deeper affordability through the use of nonstate project-based rental assistance, operating subsidies, or other funding. | |
| 113 | 122 | ||
| 114 | 123 | (5) Project readiness. | |
| 115 | 124 | ||
| 116 | 125 | 4894. (a) The Department of Housing and Community Development shall adopt guidelines establishing income and rent standards for potential residents of properties funded under the program, which shall include standards based solely on SSI income. For purposes of this chapter, SSI means the federal Supplemental Security Income program established under Title XVI of the federal Social Security Act.(b) The department and the Department of Housing and Community Development, with stakeholder input, shall develop community integration criteria to set the maximum percentage of apartment units reserved for persons with intellectual or developmental disabilities within low-income housing tax credit program projects, and to stipulate community integration standards for small projects. | |
| 117 | 126 | ||
| 118 | 127 | ||
| 119 | 128 | ||
| 120 | 129 | 4894. (a) The Department of Housing and Community Development shall adopt guidelines establishing income and rent standards for potential residents of properties funded under the program, which shall include standards based solely on SSI income. For purposes of this chapter, SSI means the federal Supplemental Security Income program established under Title XVI of the federal Social Security Act. | |
| 121 | 130 | ||
| 122 | 131 | (b) The department and the Department of Housing and Community Development, with stakeholder input, shall develop community integration criteria to set the maximum percentage of apartment units reserved for persons with intellectual or developmental disabilities within low-income housing tax credit program projects, and to stipulate community integration standards for small projects. | |
| 132 | + | ||
| 133 | + | ||
| 134 | + | ||
| 135 | + | ||
| 136 | + | ||
| 137 | + | (a)The department shall adopt regulations that specify rates for community care facilities serving persons with developmental disabilities. The implementation of the regulations shall be contingent upon an appropriation in the annual Budget Act for this purpose. These rates shall be calculated on the basis of a cost model designed by the department that ensures that aggregate facility payments support the provision of services to each person in accordance with his or her individual program plan and applicable program requirements. The cost model shall reflect cost elements that shall include, but are not limited to, all of the following: | |
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| 139 | + | ||
| 140 | + | ||
| 141 | + | (1)Basic living needs include utilities, furnishings, food, supplies, incidental transportation, housekeeping, personal care items, and other items necessary to ensure a quality environment for persons with developmental disabilities. The amount identified for the basic living needs element of the rate shall be calculated as the average projected cost of these items in an economically and efficiently operated community care facility. | |
| 142 | + | ||
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| 145 | + | (2)Direct care includes salaries, wages, benefits, and other expenses necessary to supervise or support the persons functioning in the areas of self-care and daily living skills, physical coordination mobility, and behavioral self-control, choice making, and integration. The amount identified for direct care shall be calculated as the average projected cost of providing the level of service required to meet each persons functional needs in an economically and efficiently operated community care facility. The direct care portion of the rate shall reflect specific service levels defined by the department on the basis of relative resident need and the individual program plan. | |
| 146 | + | ||
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| 149 | + | (3)Special services include specialized training, treatment, supervision, or other services that a persons individual program plan requires to be provided by the residential facility in addition to the direct care provided under paragraph (2). The amount identified for special services shall be calculated for each individual based on the additional services specified in the persons individual program plan and the prevailing rates paid for similar services in the area. The special services portion of the rate shall reflect a negotiated agreement between the facility and the regional center in accordance with Section 4648. | |
| 150 | + | ||
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| 152 | + | ||
| 153 | + | (4)Indirect costs include managerial personnel, facility operation, maintenance and repair, other nondirect care, employee benefits, contracts, training, travel, licenses, taxes, interest, insurance, depreciation, and general administrative expenses. The amount identified for indirect costs shall be calculated as the average projected cost for these expenses in an economically and efficiently operated community care facility. | |
| 154 | + | ||
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| 157 | + | (5)Property costs include mortgages, leases, rent, taxes, capital or leasehold improvements, depreciation, and other expenses related to the physical structure. The amount identified for property costs shall be based on the fair rental value of a model facility that is adequately designed, constructed, and maintained to meet the needs of persons with developmental disabilities. The amount identified for property costs shall be calculated as the average projected fair rental value of an economically and efficiently operated community care facility. | |
| 158 | + | ||
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| 161 | + | (b)The cost model shall take into account factors that include, but are not limited to, all of the following: | |
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| 164 | + | ||
| 165 | + | (1)Facility size, as defined by the department on the basis of the number of facility beds licensed by the State Department of Social Services and vendorized by the regional center. | |
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| 168 | + | ||
| 169 | + | (2)Specific geographic areas, as defined by the department on the basis of cost of living and other pertinent economic indicators. | |
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| 171 | + | ||
| 172 | + | ||
| 173 | + | (3)Common levels of direct care, as defined by the department on the basis of services specific to an identifiable group of persons as determined through the individual program plan. | |
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| 176 | + | ||
| 177 | + | (4)Positive outcomes, as defined by the department on the basis of increased integration, independence, and productivity at the aggregate facility and individual consumer level. | |
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| 181 | + | (5)Owner-operated and staff-operated reimbursement, which shall not differ for facilities that are required to comply with the same program requirements. | |
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| 185 | + | (c)The rates established for individual community care facilities serving persons with developmental disabilities shall reflect all of the model cost elements and rate development factors described in this section. The cost model design shall include a process for updating the cost model elements that address variables, including, but not limited to, all of the following: | |
| 186 | + | ||
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| 188 | + | ||
| 189 | + | (1)Economic trends in California. | |
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| 193 | + | (2)New state or federal program requirements. | |
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| 197 | + | (3)Changes in the state or federal minimum wage. | |
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| 201 | + | (4)Increases in fees, taxes, or other business costs. | |
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| 205 | + | (5)Increases in federal supplemental security income/state supplementary program for the aged, blind, and disabled payments. | |
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| 209 | + | (d)Rates established for persons with developmental disabilities who are also dually diagnosed with a mental health disorder may be fixed at a higher rate. The department shall work with the State Department of Health Care Services to establish criteria upon which higher rates may be fixed pursuant to this subdivision. The higher rate for persons with developmental disabilities who are also dually diagnosed with a mental health disorder may be paid when requested by the director of the regional center and approved by the Director of Developmental Services. | |
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| 213 | + | (e)By January 1, 2001, the department shall prepare proposed regulations to implement the changes outlined in this section. The department may use a private firm to assist in the development of these changes and shall confer with consumers, providers, and other interested parties concerning the proposed regulations. By May 15, 2001, and each year thereafter, the department shall provide the Legislature with annual community care facility rates, including any draft amendments to the regulations as required. By July 1, 2001, and each year thereafter, contingent upon an appropriation in the annual Budget Act for this purpose, the department shall adopt emergency regulations that establish the annual rates for community care facilities serving persons with developmental disabilities for each fiscal year. | |
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| 217 | + | (f)Individual facilities shall be held harmless for any reduction in aggregate facility payments caused solely by the change in reimbursement methodology. |