California 2019 2019-2020 Regular Session

California Assembly Bill AB438 Introduced / Bill

Filed 02/11/2019

                    CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 438Introduced by Assembly Member FrazierFebruary 11, 2019 An act to amend Section 4692 of the Welfare and Institutions Code, relating to developmental services. LEGISLATIVE COUNSEL'S DIGESTAB 438, as introduced, Frazier. Regional center services: holidays.Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law prohibits a regional center from compensating designated programs and transportation vendor services for providing any service to a consumer on 11 specified holidays, including, July 4, Thanksgiving Day, and the 4 business days between December 25 and January 1.This bill would delete the 4 business days between December 25 and January 1 from the compensation prohibition described above. The bill would also make various technical, nonsubstantive changes.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4692 of the Welfare and Institutions Code is amended to read:4692. (a) Effective August 1, 2009, subject to subdivisions (c) and (e), a regional centers center shall not compensate a work activity program, activity center, adult development center, behavior management program, social recreation program, adaptive skills trainer, infant development program, program support group (day service), socialization training program, client/parent support behavior intervention training program, community integration training program, community activities support service, or creative arts program, as defined in Title 17 of the California Code of Regulations, for providing any service to a consumer on any of the following holidays:(1) January 1.(2) The third Monday in January.(3) The third Monday in February.(4) March 31.(5) The last Monday in May.(6) July 4.(7) The first Monday in September.(8) November 11.(9) Thanksgiving Day.(10) December 25.(11)The four business days between December 25 and January 1.(b) Effective August 1, 2009, subject to subdivisions (c) and (e), a regional centers center shall not compensate a transportation vendor/family member, transportation company, transportation/additional component vendor, transportation broker, transportation assistant/vendor, transportation vendor/auto driver, or transportation vendor/public or rental car agency or taxi, in accordance with Title 17 of the California Code of Regulations, for transporting any consumer to receive services from any of the vendors vendor specified in subdivision (a) for any of the holidays holiday set forth in paragraphs (1) to (11), (10), inclusive, of subdivision (a).(c) If a holiday listed in this section falls on a Saturday or a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed.(d) Contracts between the vendors A contract between a vendor described in this section and a regional centers center shall reflect the holiday closures set forth in this section and shall be renegotiated accordingly, as necessary.(e) The department may adjust the holidays set forth in subdivision (a) through a program directive. This directive shall be provided to the regional centers and posted on the departments Internet Web site internet website at least 60 days prior to before the effective date of the change in holiday.

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 438Introduced by Assembly Member FrazierFebruary 11, 2019 An act to amend Section 4692 of the Welfare and Institutions Code, relating to developmental services. LEGISLATIVE COUNSEL'S DIGESTAB 438, as introduced, Frazier. Regional center services: holidays.Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law prohibits a regional center from compensating designated programs and transportation vendor services for providing any service to a consumer on 11 specified holidays, including, July 4, Thanksgiving Day, and the 4 business days between December 25 and January 1.This bill would delete the 4 business days between December 25 and January 1 from the compensation prohibition described above. The bill would also make various technical, nonsubstantive changes.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Assembly Bill No. 438

Introduced by Assembly Member FrazierFebruary 11, 2019

Introduced by Assembly Member Frazier
February 11, 2019

 An act to amend Section 4692 of the Welfare and Institutions Code, relating to developmental services. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 438, as introduced, Frazier. Regional center services: holidays.

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law prohibits a regional center from compensating designated programs and transportation vendor services for providing any service to a consumer on 11 specified holidays, including, July 4, Thanksgiving Day, and the 4 business days between December 25 and January 1.This bill would delete the 4 business days between December 25 and January 1 from the compensation prohibition described above. The bill would also make various technical, nonsubstantive changes.

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law prohibits a regional center from compensating designated programs and transportation vendor services for providing any service to a consumer on 11 specified holidays, including, July 4, Thanksgiving Day, and the 4 business days between December 25 and January 1.

This bill would delete the 4 business days between December 25 and January 1 from the compensation prohibition described above. The bill would also make various technical, nonsubstantive changes.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 4692 of the Welfare and Institutions Code is amended to read:4692. (a) Effective August 1, 2009, subject to subdivisions (c) and (e), a regional centers center shall not compensate a work activity program, activity center, adult development center, behavior management program, social recreation program, adaptive skills trainer, infant development program, program support group (day service), socialization training program, client/parent support behavior intervention training program, community integration training program, community activities support service, or creative arts program, as defined in Title 17 of the California Code of Regulations, for providing any service to a consumer on any of the following holidays:(1) January 1.(2) The third Monday in January.(3) The third Monday in February.(4) March 31.(5) The last Monday in May.(6) July 4.(7) The first Monday in September.(8) November 11.(9) Thanksgiving Day.(10) December 25.(11)The four business days between December 25 and January 1.(b) Effective August 1, 2009, subject to subdivisions (c) and (e), a regional centers center shall not compensate a transportation vendor/family member, transportation company, transportation/additional component vendor, transportation broker, transportation assistant/vendor, transportation vendor/auto driver, or transportation vendor/public or rental car agency or taxi, in accordance with Title 17 of the California Code of Regulations, for transporting any consumer to receive services from any of the vendors vendor specified in subdivision (a) for any of the holidays holiday set forth in paragraphs (1) to (11), (10), inclusive, of subdivision (a).(c) If a holiday listed in this section falls on a Saturday or a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed.(d) Contracts between the vendors A contract between a vendor described in this section and a regional centers center shall reflect the holiday closures set forth in this section and shall be renegotiated accordingly, as necessary.(e) The department may adjust the holidays set forth in subdivision (a) through a program directive. This directive shall be provided to the regional centers and posted on the departments Internet Web site internet website at least 60 days prior to before the effective date of the change in holiday.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 4692 of the Welfare and Institutions Code is amended to read:4692. (a) Effective August 1, 2009, subject to subdivisions (c) and (e), a regional centers center shall not compensate a work activity program, activity center, adult development center, behavior management program, social recreation program, adaptive skills trainer, infant development program, program support group (day service), socialization training program, client/parent support behavior intervention training program, community integration training program, community activities support service, or creative arts program, as defined in Title 17 of the California Code of Regulations, for providing any service to a consumer on any of the following holidays:(1) January 1.(2) The third Monday in January.(3) The third Monday in February.(4) March 31.(5) The last Monday in May.(6) July 4.(7) The first Monday in September.(8) November 11.(9) Thanksgiving Day.(10) December 25.(11)The four business days between December 25 and January 1.(b) Effective August 1, 2009, subject to subdivisions (c) and (e), a regional centers center shall not compensate a transportation vendor/family member, transportation company, transportation/additional component vendor, transportation broker, transportation assistant/vendor, transportation vendor/auto driver, or transportation vendor/public or rental car agency or taxi, in accordance with Title 17 of the California Code of Regulations, for transporting any consumer to receive services from any of the vendors vendor specified in subdivision (a) for any of the holidays holiday set forth in paragraphs (1) to (11), (10), inclusive, of subdivision (a).(c) If a holiday listed in this section falls on a Saturday or a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed.(d) Contracts between the vendors A contract between a vendor described in this section and a regional centers center shall reflect the holiday closures set forth in this section and shall be renegotiated accordingly, as necessary.(e) The department may adjust the holidays set forth in subdivision (a) through a program directive. This directive shall be provided to the regional centers and posted on the departments Internet Web site internet website at least 60 days prior to before the effective date of the change in holiday.

SECTION 1. Section 4692 of the Welfare and Institutions Code is amended to read:

### SECTION 1.

4692. (a) Effective August 1, 2009, subject to subdivisions (c) and (e), a regional centers center shall not compensate a work activity program, activity center, adult development center, behavior management program, social recreation program, adaptive skills trainer, infant development program, program support group (day service), socialization training program, client/parent support behavior intervention training program, community integration training program, community activities support service, or creative arts program, as defined in Title 17 of the California Code of Regulations, for providing any service to a consumer on any of the following holidays:(1) January 1.(2) The third Monday in January.(3) The third Monday in February.(4) March 31.(5) The last Monday in May.(6) July 4.(7) The first Monday in September.(8) November 11.(9) Thanksgiving Day.(10) December 25.(11)The four business days between December 25 and January 1.(b) Effective August 1, 2009, subject to subdivisions (c) and (e), a regional centers center shall not compensate a transportation vendor/family member, transportation company, transportation/additional component vendor, transportation broker, transportation assistant/vendor, transportation vendor/auto driver, or transportation vendor/public or rental car agency or taxi, in accordance with Title 17 of the California Code of Regulations, for transporting any consumer to receive services from any of the vendors vendor specified in subdivision (a) for any of the holidays holiday set forth in paragraphs (1) to (11), (10), inclusive, of subdivision (a).(c) If a holiday listed in this section falls on a Saturday or a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed.(d) Contracts between the vendors A contract between a vendor described in this section and a regional centers center shall reflect the holiday closures set forth in this section and shall be renegotiated accordingly, as necessary.(e) The department may adjust the holidays set forth in subdivision (a) through a program directive. This directive shall be provided to the regional centers and posted on the departments Internet Web site internet website at least 60 days prior to before the effective date of the change in holiday.

4692. (a) Effective August 1, 2009, subject to subdivisions (c) and (e), a regional centers center shall not compensate a work activity program, activity center, adult development center, behavior management program, social recreation program, adaptive skills trainer, infant development program, program support group (day service), socialization training program, client/parent support behavior intervention training program, community integration training program, community activities support service, or creative arts program, as defined in Title 17 of the California Code of Regulations, for providing any service to a consumer on any of the following holidays:(1) January 1.(2) The third Monday in January.(3) The third Monday in February.(4) March 31.(5) The last Monday in May.(6) July 4.(7) The first Monday in September.(8) November 11.(9) Thanksgiving Day.(10) December 25.(11)The four business days between December 25 and January 1.(b) Effective August 1, 2009, subject to subdivisions (c) and (e), a regional centers center shall not compensate a transportation vendor/family member, transportation company, transportation/additional component vendor, transportation broker, transportation assistant/vendor, transportation vendor/auto driver, or transportation vendor/public or rental car agency or taxi, in accordance with Title 17 of the California Code of Regulations, for transporting any consumer to receive services from any of the vendors vendor specified in subdivision (a) for any of the holidays holiday set forth in paragraphs (1) to (11), (10), inclusive, of subdivision (a).(c) If a holiday listed in this section falls on a Saturday or a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed.(d) Contracts between the vendors A contract between a vendor described in this section and a regional centers center shall reflect the holiday closures set forth in this section and shall be renegotiated accordingly, as necessary.(e) The department may adjust the holidays set forth in subdivision (a) through a program directive. This directive shall be provided to the regional centers and posted on the departments Internet Web site internet website at least 60 days prior to before the effective date of the change in holiday.

4692. (a) Effective August 1, 2009, subject to subdivisions (c) and (e), a regional centers center shall not compensate a work activity program, activity center, adult development center, behavior management program, social recreation program, adaptive skills trainer, infant development program, program support group (day service), socialization training program, client/parent support behavior intervention training program, community integration training program, community activities support service, or creative arts program, as defined in Title 17 of the California Code of Regulations, for providing any service to a consumer on any of the following holidays:(1) January 1.(2) The third Monday in January.(3) The third Monday in February.(4) March 31.(5) The last Monday in May.(6) July 4.(7) The first Monday in September.(8) November 11.(9) Thanksgiving Day.(10) December 25.(11)The four business days between December 25 and January 1.(b) Effective August 1, 2009, subject to subdivisions (c) and (e), a regional centers center shall not compensate a transportation vendor/family member, transportation company, transportation/additional component vendor, transportation broker, transportation assistant/vendor, transportation vendor/auto driver, or transportation vendor/public or rental car agency or taxi, in accordance with Title 17 of the California Code of Regulations, for transporting any consumer to receive services from any of the vendors vendor specified in subdivision (a) for any of the holidays holiday set forth in paragraphs (1) to (11), (10), inclusive, of subdivision (a).(c) If a holiday listed in this section falls on a Saturday or a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed.(d) Contracts between the vendors A contract between a vendor described in this section and a regional centers center shall reflect the holiday closures set forth in this section and shall be renegotiated accordingly, as necessary.(e) The department may adjust the holidays set forth in subdivision (a) through a program directive. This directive shall be provided to the regional centers and posted on the departments Internet Web site internet website at least 60 days prior to before the effective date of the change in holiday.



4692. (a) Effective August 1, 2009, subject to subdivisions (c) and (e), a regional centers center shall not compensate a work activity program, activity center, adult development center, behavior management program, social recreation program, adaptive skills trainer, infant development program, program support group (day service), socialization training program, client/parent support behavior intervention training program, community integration training program, community activities support service, or creative arts program, as defined in Title 17 of the California Code of Regulations, for providing any service to a consumer on any of the following holidays:

(1) January 1.

(2) The third Monday in January.

(3) The third Monday in February.

(4) March 31.

(5) The last Monday in May.

(6) July 4.

(7) The first Monday in September.

(8) November 11.

(9) Thanksgiving Day.

(10) December 25.

(11)The four business days between December 25 and January 1.



(b) Effective August 1, 2009, subject to subdivisions (c) and (e), a regional centers center shall not compensate a transportation vendor/family member, transportation company, transportation/additional component vendor, transportation broker, transportation assistant/vendor, transportation vendor/auto driver, or transportation vendor/public or rental car agency or taxi, in accordance with Title 17 of the California Code of Regulations, for transporting any consumer to receive services from any of the vendors vendor specified in subdivision (a) for any of the holidays holiday set forth in paragraphs (1) to (11), (10), inclusive, of subdivision (a).

(c) If a holiday listed in this section falls on a Saturday or a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed.

(d) Contracts between the vendors A contract between a vendor described in this section and a regional centers center shall reflect the holiday closures set forth in this section and shall be renegotiated accordingly, as necessary.

(e) The department may adjust the holidays set forth in subdivision (a) through a program directive. This directive shall be provided to the regional centers and posted on the departments Internet Web site internet website at least 60 days prior to before the effective date of the change in holiday.