| 1 | | - | Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1220Introduced by Assembly Member ArambulaFebruary 21, 2025 An act to amend Sections 4519.5 and 4646 of the Welfare and Institutions Code, relating to developmental services. LEGISLATIVE COUNSEL'S DIGESTAB 1220, as amended, Arambula. Regional centers: transparency and accountability. Developmental services: denials of services and notices of actions.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. Under existing law, the services and supports to be provided to a regional center consumer are contained in an individual program plan, developed in accordance with prescribed requirements. Existing law requires the department and regional centers to annually collaborate to compile specified data relating to purchase of service authorization, utilization, and expenditure by each regional center, as specified, and to post that information on its internet website.This bill would require a regional center to document in each consumers individual program plan all of the consumers denials of services, notices of actions, and appeals. The bill would also require the department and regional centers to include in their annual report data relating to denials of services and notices of action, and would make related findings and declarations.This bill would state the intent of the Legislature to enact legislation relating to transparency and accountability in the regional center system, and make related findings and declarations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Access to Disability Services Transparency Act.SECTION 1.SEC. 2. (a)The Legislature finds and declares all of the following:(1)(a) Transparency and accountability in the regional center system are essential to ensuring equitable access to services for individuals with developmental disabilities.(b) Existing law requires regional centers to provide adequate notice if the regional center determines that an applicant is not eligible for services or that a recipient is no longer eligible for services, or if the regional center makes a decision to reduce, terminate, or change services set forth in an individual program plan. (2)(c) While regional centers currently report appeals data to the State Department of Developmental Services, there is no reporting mechanism in place for tracking service denials and notices of action (NOAs).(3)(d) Disparities exist in service access, particularly among Latino and non-English-speaking families, due to a lack of information and accessibility.(4)(e) Establishing a statewide reporting mechanism will improve oversight, address disparities, and enhance public trust in the developmental services system.(5)(f) Service disparities persist, particularly among Latino, Black, Asian, Indigenous, and non-English-speaking communities, as well as low-income families, leading to inequitable access to vital developmental services.(6)(g) Current reporting requirements focus only on service approvals and appeals, but do not capture the data on service denials, leaving gaps in oversight and accountability that contribute to systemic inequities.(7)(h) Families often receive inconsistent communication regarding service denials, and NOAs are not always issued, making it difficult for consumers to understand their rights or navigate the appeals process.(8)(i) Regional centers have inconsistent policies regarding how and when NOAs are provided, which has resulted in a lack of due process and procedural protections for consumers.(9)(j) Public reporting of service denials and appeals will allow lawmakers, advocates, and families to monitor disparities and hold regional centers accountable for fair and consistent decisionmaking.(10)(k) Mandating the inclusion of service denials in individualized program plans will create a permanent, trackable record of service requests and decisions ensuring transparency and fairness in service allocation.(11)(l) A standardized and accessible data dashboard, available in multiple languages and user-friendly formats, will ensure families, advocacy organizations, and policymakers have the necessary tools to track and address systemic inequities.(12)(m) Ensuring the department collects and publishes data on service denials, NOAs, and appeals will provide a critical foundation for evaluating equity, effectiveness, and accountability within the regional center system.(13)(n) The implementation of this act will provide a structured and enforceable mechanism for the department to ensure compliance across all 21 regional centers and improve the overall integrity of the service system.(b)It is the intent of the Legislature to enact legislation relating to transparency and accountability in the regional center system.SEC. 3. Section 4519.5 of the Welfare and Institutions Code is amended to read:4519.5. (a) The department and the regional centers shall annually collaborate to compile and report, consistent with applicable federal and state privacy laws, data, including deidentified data in accordance with subdivision (m), in a uniform manner relating to purchase of service authorization, utilization, and expenditure expenditure, denials of services, and notices of action by each regional center with respect to all of the following:(1) The age of the consumer, categorized by the following:(A) Birth to two years of age, inclusive.(B) Three to 21 years of age, inclusive.(C) Twenty-two years of age and older.(2) Race or ethnicity of the consumer.(3) Preferred language spoken by the consumer, and other related details, as feasible.(4) Disability detail, in accordance with the categories established by subdivision (a) of Section 4512, and, if applicable, a category specifying that the disability is unknown.(5) Residence type, subcategorized by age, race or ethnicity, and preferred language.(6) Number of instances when the written copy of the individual program plan was provided at the request of the consumer and, when appropriate, the consumers parents, legal guardian or conservator, or authorized representative, in a language other than a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations, if that written copy was provided more than 60 days after the request.(7) Number of instances when the written copy of the individual program plan was provided at the request of the consumer and, when appropriate, the consumers parents, legal guardian or conservator, or authorized representative, in a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations, if that written copy was provided more than 45 days after the request, in violation of paragraph (5) of subdivision (a) of Section 4646.5.(8) Beginning with data for the fiscal year of 202324, the numbers, percentages, and total and per capita expenditure and authorization amounts, by age, as applicable, according to race or ethnicity and preferred language, for all combined residence types and for consumers living in the family home, regarding the following service types:(A) Camping and associated travel expenses.(B) Social recreation activities.(C) Educational services.(D) Nonmedical therapies, including, but not limited to, specialized recreation, art, dance, and music.(b) The data reported pursuant to subdivision (a) shall also include the number and percentage of individuals, categorized by age, race or ethnicity, and disability, and by residence type, as set forth in paragraph (5) of subdivision (a), who have been determined to be eligible for regional center services, but are not receiving purchase of service funds.(c) (1) (A) By March 31, 2013, each regional center shall post the data described in this section that are specific to the regional center on its internet website. Commencing on December 31, 2013, each regional center shall annually post these data by December 31. Each regional center shall maintain all previous years data on its internet website.(B) Commencing December 31, 2023, each regional center shall post its data uniformly with all other regional centers, using the same criteria, format, and organization.(2) Notwithstanding the requirement pursuant to paragraph (1), if the information required to be posted pursuant to this section is produced and posted by the department for each regional center, each regional center instead may link to that information from its internet website.(d) By March 31, 2013, the department shall post the information described in this section on a statewide basis on its internet website. Commencing December 31, 2013, the department shall annually post this information by December 31. The department shall maintain all previous years data on its internet website. The department shall also post notice of any regional center stakeholder meetings on its internet website.(e) In addition to maintaining hyperlinks to each regional centers reports on its internet website, commencing December 1, 2024, the department shall also post the data compiled pursuant to subdivisions (a) and (b), and the data compiled pursuant to Section 4519.6, in the same uniform manner as reported by the regional centers, as follows:(1) On a statewide aggregate basis.(2) On an aggregate basis according to particular geographical areas, as determined by the department in consultation with stakeholders.(3) The department shall provide trend analysis on the changes observed in data over time, including increasing and decreasing utilization of services by any of the characteristics cited in subdivision (a).(f) After December 1, 2024, the department and regional centers shall post information required to be posted pursuant to this section in machine-readable format.(g) Within three months of compiling the data with the department, and annually thereafter, each regional center shall meet with stakeholders in one or more public meetings regarding the data. The meeting or meetings shall be held separately from any meetings held pursuant to Section 4660. The regional center shall provide participants of these meetings with the data and any associated information related to improvements in the provision of developmental services to underserved communities and shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that community, including providing alternative communication services, as required by Sections 11135 to 11139.7, 11139, inclusive, of the Government Code and implementing regulations. Regional centers shall inform the department of the scheduling of those public meetings 30 days prior to the meeting. Notice of the meetings shall also be posted on the regional centers internet website 30 days prior to the meeting and shall be sent to individual stakeholders and groups representing underserved communities in a timely manner. Each regional center shall, in holding the meetings required by this subdivision, consider the language needs of the community and shall schedule the meetings at times and locations designed to result in a high turnout by the public and underserved communities.(h) (1) Consistent with subdivision (h) of Section 4648, regional centers shall annually provide each individual with their purchase of services data and any associated information related to improvements in the provision of developmental services to them. If requested, regional centers shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that individual, including providing alternative communication services, as required by Sections 11135 to 11139.7, 11139, inclusive, of the Government Code and implementing regulations.(2) When implemented in the statewide case management system, the information described in paragraph (1) shall be available to individuals through the consumer portal. If requested, regional centers shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that individual, including providing alternative communication services, as required by Sections 11135 to 11139.7, 11139, inclusive, of the Government Code and implementing regulations.(i) (1) Each regional center shall annually report to the department regarding its implementation of the requirements of this section. The report shall include, but shall not be limited to, all of the following:(A) Actions the regional center took to improve public attendance and participation at stakeholder meetings, including, but not limited to, attendance and participation by underserved communities.(B) Copies of minutes from the meeting and attendee comments.(C) Whether the data described in this section, including data deidentified pursuant to subdivision (m) of this section, indicate a need to reduce disparities in the purchase of services among consumers in the regional centers catchment area. If the data do indicate that need, the regional centers recommendations and plan to promote equity, and reduce disparities, in the purchase of services.(2) Each regional center and the department shall annually post the reports required by paragraph (1) on its internet website by August 31.(j) (1) The department shall, on a twice-a-year basis, consult with stakeholders, including consumers and families that reflect the ethnic and language diversity of regional center consumers, regional centers, advocates, providers, family resource centers, the protection and advocacy agency described in Section 4901, and those entities designated as University Centers for Excellence in Developmental Disabilities Education, Research, and Service pursuant to Section 15061 of Title 42 of the United States Code, to achieve the following objectives:(A) Review the data compiled pursuant to subdivisions (a) and (b).(B) Identify barriers to equitable access to services and supports among consumers, including consumers whose purchase of services data have been deidentified pursuant to subdivision (m), and develop recommendations to help reduce disparities in purchase of service expenditures.(C) Identify gaps in, and encourage the development and expansion of, culturally appropriate services, service delivery, and service coordination.(D) Identify best practices to reduce disparity and promote equity.(E) Maximize transparency whenever possible, including aggregation by region or display as percentages, as necessary.(2) The department shall notify the Legislature when information is posted on its internet website pursuant to this section.(k) (1) Subject to available funding, the department shall allocate funding to regional centers or community-based organizations with department oversight to assist with implementation of the recommendations and plans developed pursuant to subdivisions (i) and (j). Activities funded through these allocations may include, but are not limited to, pay differentials supporting direct care bilingual staff of community-based service providers, parent or caregiver education programs, cultural competency training for regional center staff, outreach to underserved populations, or additional culturally appropriate service types or service delivery models.(2) Each regional center shall consult with stakeholders regarding activities that may be effective in addressing disparities in the receipt of regional center services and the regional centers proposed requests for the funding specified in paragraph (1). Each regional center shall identify the stakeholders it consulted with, including groups whose purchase of services data have been deidentified, and include information on how it incorporated the input of stakeholders into its requests.(3) A community-based organization may submit a request for grant funding pursuant to this subdivision. In order to protect confidential data, the department or a regional center may waive a grant application requirement to provide data supporting that application, if that data would be subject to deidentification pursuant to applicable federal or state privacy laws. The organization shall submit the request concurrently to the regional center of the jurisdiction in which the organization is located and to the department. The regional center shall provide the department with input regarding the request prior to the departments final determination on the request.(4) The department shall review requests for funding within 45 days from the deadline specified in the departments guidance to regional centers and community-based organizations.(5) Each regional center and community-based organization receiving funding shall report annually to the department, in a manner determined by the department, on how the funding allocations were used and shall include recommendations of priorities for activities that may be effective in addressing disparities, based on the consultation with stakeholders.(6) The department shall post the following information on its internet website:(A) By September 1 of any year in which grant funding is available and has not been allocated, a structure for the grant program, including all of the following information:(i) How community-based organizations reflecting groups that are disadvantaged by disparities in the purchase of services will be invited to participate in the grant program, including groups whose purchase of services data have been deidentified.(ii) How statewide strategies were considered.(iii) How the department will ensure grant funds are not used for activities that regional centers are otherwise required by statute or regulation to conduct.(iv) How funded activities will be evaluated.(v) How community-based organizations reflecting groups that are impacted by disparities can receive a waiver for the submission of data supporting that application, if that data would be subject to deidentification pursuant to applicable federal or state privacy laws.(B) By October 1 of any year in which grant funding is available and has not been allocated, the final invitation for requests for funding or another mechanism through which requests for funding are solicited.(C) By January 1 of any year in which grant funding has been allocated, a list of grant recipients, funding level per grant, and a description of the funded project.(D) By May 1 of any year in which the information is available, evaluation results from prior grants. To ensure the department complies with this subparagraph, regional centers and community-based organizations receiving funding shall provide the department, by March 1 of the same year, with an evaluation of funded activities and the effectiveness of those activities in reducing disparities in the purchase of services, to the extent information is available. The provision of data by community-based organizations reflecting groups that are impacted by disparities whose purchase of services data otherwise would have to be deidentified pursuant to applicable federal or state privacy laws may be waived for the purpose of reporting grant outcomes pursuant to this subdivision.(l) On or before December 31, 2021, the department shall contract with an entity or entities with demonstrated experience in quantitative and qualitative data evaluation to design and conduct an independent evaluation of the efforts to promote equity and reduce disparities pursuant to subdivision (k).(m) (1) The data compiled pursuant to subdivisions (a) and (b) shall be deidentified in accordance with Section 164.514 of Title 45 of the Code of Federal Regulations or with updated regulations regarding the deidentification of data in accordance with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) prior to that data being disclosed publicly to third parties, including, but not limited to, stakeholders, or posted on internet websites.(2) The department shall deidentify purchase of services data pertaining to any regional center in a manner that maximizes transparency.SEC. 4. Section 4646 of the Welfare and Institutions Code is amended to read:4646. (a) It is the intent of the Legislature that the individual program plan and provision of services and supports by the regional center system is centered on the individual and the family of the individual with developmental disabilities and takes into account the needs and preferences of the individual and the family, if appropriate. It is further the intent of the Legislature that the individual program plan be developed using a person-centered approach that reflects the needs and preferences of the consumer, and, as appropriate, their family. The services and supports provided by the regional center should assist each consumer in achieving their personal outcomes and life goals and promote inclusion in their community. It is the further intent of the Legislature to ensure that the provision of services to consumers and their families be effective in meeting the goals stated in the individual program plan, reflect the preferences and choices of the consumer, and reflect the cost-effective use of public resources.(b) The individual program plan is developed through a process of individualized needs determination. The individual with developmental disabilities and, if appropriate, the individuals parents, legal guardian or conservator, or authorized representative, shall have the opportunity to actively participate in the development of the plan.(c) An individual program plan shall be developed for any person who, following intake and assessment, is found to be eligible for regional center services. These plans shall be completed within 60 days of the completion of the assessment. At the time of intake, the regional center shall inform the consumer and, if appropriate, the consumers parents, legal guardian or conservator, or authorized representative, of the services available through the state council and the protection and advocacy agency designated by the Governor pursuant to federal law, and shall provide the address and telephone numbers of those agencies.(d) Individual program plans shall be prepared jointly by the planning team. Decisions concerning the consumers goals, objectives, and services and supports that will be included in the consumers individual program plan and purchased by the regional center or obtained from generic agencies shall be made by agreement between the regional center representative and the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative at the program plan meeting.(e) Regional centers shall comply with the request of a consumer or, if appropriate, the request of the consumers parents, legal guardian, conservator, or authorized representative, that a designated representative receive written notice of all meetings to develop or revise the individual program plan and of all notices sent to the consumer pursuant to Section 4710. The designated representative may be a parent or family member.(f) (1) Notwithstanding any other law, a meeting regarding the provision of services and supports by the regional center, including a meeting to develop or revise the individual program plan, shall be held by remote electronic communications if requested by the consumer or, if appropriate, if requested by the consumers parents, legal guardian, conservator, or authorized representative.(2) (A) If the regional center has not held an in-person individual program plan meeting or completed any other in-person meeting or visit with the consumer in the previous 12 months, the regional center shall hold an in-person individual program plan meeting or other meeting or visit at a location and at a time that is convenient for, and reflects the preference of, the consumer, and, as appropriate, their parent, legal guardian, conservator, or authorized representative. This requirement on the part of the regional center shall not impede, delay, or prevent the timely development or revision of an individual program plan, or the timely authorization or receipt of services and supports.(B) The in-person meeting requirement established in this paragraph shall remain in effect pending the departments review, in coordination with stakeholders, of implementation of this subdivision, as amended by the act that added this paragraph. The review shall include the development of recommendations that may include, but not be limited to, whether and to what extent the in-person requirements are effective in assisting the consumer in meeting the goals stated in the individual program plan, in positively facilitating and improving service access and equity, and in helping to build relationships between service coordinators and parents, legal guardians, conservators, or authorized representatives. The department shall, after consulting with and receiving input from stakeholders, provide an update to the Legislature on the status of the review no later than January 10, 2026 2026, and shall provide, with any additional consultation and documented input from stakeholders, the completed review to the Legislature no later than May 14, 2026.(g) At the conclusion of an individual program plan meeting, an authorized representative of the regional center shall provide to the consumer, in written or electronic format, a list of the agreed-upon services and supports, and, if known, the projected start date, the frequency and duration of the services and supports, and the provider. The authorized representative of the regional center shall sign the list of agreed-upon services and supports at that time. The consumer, or if appropriate, the consumers parent, legal guardian, conservator, or authorized representative shall sign the list of agreed-upon services and supports prior to its implementation. The consumer, or if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, may elect to delay receipt of the list of agreed-upon services and supports pending final agreement, as described in subdivision (h). If the consumer, or if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, elects to delay the receipt of the list of agreed-upon services and supports for 15 days, the list shall be provided in the preferred language of the consumer, or of the consumers parent, legal guardian, or authorized representative.(h) If a final agreement regarding the services and supports to be provided to the consumer cannot be reached at a program plan meeting, then a subsequent program plan meeting shall be convened within 15 days, or later at the request of the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative or if agreed to by the planning team. The list of the agreed-upon services and supports described in subdivision (g) and signed by the authorized representative of the regional center shall be provided, in writing or electronically, at the conclusion of the subsequent program plan meeting, and shall be provided in the preferred language of the consumer, or of the consumers parent, legal guardian, conservator, or authorized representative. Additional program plan meetings may be held with the agreement of the regional center representative and the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative.(i) An authorized representative of the regional center and the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative shall sign the individual program plan and the list of the agreed-upon services and supports prior to its implementation. If the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, does not agree with all components of the individual program plan, the consumer may indicate that disagreement on the plan. Disagreement with specific plan components shall not prohibit the implementation of services and supports agreed to by the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative. If the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, does not agree with the plan in whole or in part, the consumer shall be sent written notice of their appeal rights, as required by Sections 4701 and 4710.(j) (1) A regional center shall communicate in the consumers preferred language, or, if appropriate, the preferred language of the consumers family, legal guardian, conservator, or authorized representative, during the planning process for the individual program plan, including during the program plan meeting, and including providing alternative communication services, as required by Sections 11135 to 11139, inclusive, of the Government Code and implementing regulations.(2) A regional center shall provide alternative communication services, including providing copies of the list of services and supports, and the individual program plan in the preferred language of the consumer or the consumers family, legal guardian, conservator, or authorized representative, or both, as required by Sections 11135 to 11139, inclusive, of the Government Code and implementing regulations.(3) The preferred language of the consumer or the consumers family, legal guardian, conservator, or authorized representative, or both, shall be documented in the individual program plan.(k) A regional center shall document in each consumers individual program plan all of the consumers denials of services, notices of actions, and appeals. |
|---|
| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1220Introduced by Assembly Member ArambulaFebruary 21, 2025 An act relating to developmental services. LEGISLATIVE COUNSEL'S DIGESTAB 1220, as introduced, Arambula. Regional centers: transparency and accountability. 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.This bill would state the intent of the Legislature to enact legislation relating to transparency and accountability in the regional center system, and make related findings and declarations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) Transparency and accountability in the regional center system are essential to ensuring equitable access to services for individuals with developmental disabilities.(2) While regional centers currently report appeals data to the State Department of Developmental Services, there is no reporting mechanism in place for tracking service denials and notices of action (NOAs).(3) Disparities exist in service access, particularly among Latino and non-English-speaking families, due to a lack of information and accessibility.(4) Establishing a statewide reporting mechanism will improve oversight, address disparities, and enhance public trust in the developmental services system.(5) Service disparities persist, particularly among Latino, Black, Asian, Indigenous, and non-English-speaking communities, as well as low-income families, leading to inequitable access to vital developmental services.(6) Current reporting requirements focus only on service approvals and appeals, but do not capture the data on service denials, leaving gaps in oversight and accountability that contribute to systemic inequities.(7) Families often receive inconsistent communication regarding service denials, and NOAs are not always issued, making it difficult for consumers to understand their rights or navigate the appeals process.(8) Regional centers have inconsistent policies regarding how and when NOAs are provided, which has resulted in a lack of due process and procedural protections for consumers.(9) Public reporting of service denials and appeals will allow lawmakers, advocates, and families to monitor disparities and hold regional centers accountable for fair and consistent decisionmaking.(10) Mandating the inclusion of service denials in individualized program plans will create a permanent, trackable record of service requests and decisions ensuring transparency and fairness in service allocation.(11) A standardized and accessible data dashboard, available in multiple languages and user-friendly formats, will ensure families, advocacy organizations, and policymakers have the necessary tools to track and address systemic inequities.(12) Ensuring the department collects and publishes data on service denials, NOAs, and appeals will provide a critical foundation for evaluating equity, effectiveness, and accountability within the regional center system.(13) The implementation of this act will provide a structured and enforceable mechanism for the department to ensure compliance across all 21 regional centers and improve the overall integrity of the service system.(b) It is the intent of the Legislature to enact legislation relating to transparency and accountability in the regional center system. |
|---|
| 42 | | - | The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Access to Disability Services Transparency Act.SECTION 1.SEC. 2. (a)The Legislature finds and declares all of the following:(1)(a) Transparency and accountability in the regional center system are essential to ensuring equitable access to services for individuals with developmental disabilities.(b) Existing law requires regional centers to provide adequate notice if the regional center determines that an applicant is not eligible for services or that a recipient is no longer eligible for services, or if the regional center makes a decision to reduce, terminate, or change services set forth in an individual program plan. (2)(c) While regional centers currently report appeals data to the State Department of Developmental Services, there is no reporting mechanism in place for tracking service denials and notices of action (NOAs).(3)(d) Disparities exist in service access, particularly among Latino and non-English-speaking families, due to a lack of information and accessibility.(4)(e) Establishing a statewide reporting mechanism will improve oversight, address disparities, and enhance public trust in the developmental services system.(5)(f) Service disparities persist, particularly among Latino, Black, Asian, Indigenous, and non-English-speaking communities, as well as low-income families, leading to inequitable access to vital developmental services.(6)(g) Current reporting requirements focus only on service approvals and appeals, but do not capture the data on service denials, leaving gaps in oversight and accountability that contribute to systemic inequities.(7)(h) Families often receive inconsistent communication regarding service denials, and NOAs are not always issued, making it difficult for consumers to understand their rights or navigate the appeals process.(8)(i) Regional centers have inconsistent policies regarding how and when NOAs are provided, which has resulted in a lack of due process and procedural protections for consumers.(9)(j) Public reporting of service denials and appeals will allow lawmakers, advocates, and families to monitor disparities and hold regional centers accountable for fair and consistent decisionmaking.(10)(k) Mandating the inclusion of service denials in individualized program plans will create a permanent, trackable record of service requests and decisions ensuring transparency and fairness in service allocation.(11)(l) A standardized and accessible data dashboard, available in multiple languages and user-friendly formats, will ensure families, advocacy organizations, and policymakers have the necessary tools to track and address systemic inequities.(12)(m) Ensuring the department collects and publishes data on service denials, NOAs, and appeals will provide a critical foundation for evaluating equity, effectiveness, and accountability within the regional center system.(13)(n) The implementation of this act will provide a structured and enforceable mechanism for the department to ensure compliance across all 21 regional centers and improve the overall integrity of the service system.(b)It is the intent of the Legislature to enact legislation relating to transparency and accountability in the regional center system.SEC. 3. Section 4519.5 of the Welfare and Institutions Code is amended to read:4519.5. (a) The department and the regional centers shall annually collaborate to compile and report, consistent with applicable federal and state privacy laws, data, including deidentified data in accordance with subdivision (m), in a uniform manner relating to purchase of service authorization, utilization, and expenditure expenditure, denials of services, and notices of action by each regional center with respect to all of the following:(1) The age of the consumer, categorized by the following:(A) Birth to two years of age, inclusive.(B) Three to 21 years of age, inclusive.(C) Twenty-two years of age and older.(2) Race or ethnicity of the consumer.(3) Preferred language spoken by the consumer, and other related details, as feasible.(4) Disability detail, in accordance with the categories established by subdivision (a) of Section 4512, and, if applicable, a category specifying that the disability is unknown.(5) Residence type, subcategorized by age, race or ethnicity, and preferred language.(6) Number of instances when the written copy of the individual program plan was provided at the request of the consumer and, when appropriate, the consumers parents, legal guardian or conservator, or authorized representative, in a language other than a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations, if that written copy was provided more than 60 days after the request.(7) Number of instances when the written copy of the individual program plan was provided at the request of the consumer and, when appropriate, the consumers parents, legal guardian or conservator, or authorized representative, in a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations, if that written copy was provided more than 45 days after the request, in violation of paragraph (5) of subdivision (a) of Section 4646.5.(8) Beginning with data for the fiscal year of 202324, the numbers, percentages, and total and per capita expenditure and authorization amounts, by age, as applicable, according to race or ethnicity and preferred language, for all combined residence types and for consumers living in the family home, regarding the following service types:(A) Camping and associated travel expenses.(B) Social recreation activities.(C) Educational services.(D) Nonmedical therapies, including, but not limited to, specialized recreation, art, dance, and music.(b) The data reported pursuant to subdivision (a) shall also include the number and percentage of individuals, categorized by age, race or ethnicity, and disability, and by residence type, as set forth in paragraph (5) of subdivision (a), who have been determined to be eligible for regional center services, but are not receiving purchase of service funds.(c) (1) (A) By March 31, 2013, each regional center shall post the data described in this section that are specific to the regional center on its internet website. Commencing on December 31, 2013, each regional center shall annually post these data by December 31. Each regional center shall maintain all previous years data on its internet website.(B) Commencing December 31, 2023, each regional center shall post its data uniformly with all other regional centers, using the same criteria, format, and organization.(2) Notwithstanding the requirement pursuant to paragraph (1), if the information required to be posted pursuant to this section is produced and posted by the department for each regional center, each regional center instead may link to that information from its internet website.(d) By March 31, 2013, the department shall post the information described in this section on a statewide basis on its internet website. Commencing December 31, 2013, the department shall annually post this information by December 31. The department shall maintain all previous years data on its internet website. The department shall also post notice of any regional center stakeholder meetings on its internet website.(e) In addition to maintaining hyperlinks to each regional centers reports on its internet website, commencing December 1, 2024, the department shall also post the data compiled pursuant to subdivisions (a) and (b), and the data compiled pursuant to Section 4519.6, in the same uniform manner as reported by the regional centers, as follows:(1) On a statewide aggregate basis.(2) On an aggregate basis according to particular geographical areas, as determined by the department in consultation with stakeholders.(3) The department shall provide trend analysis on the changes observed in data over time, including increasing and decreasing utilization of services by any of the characteristics cited in subdivision (a).(f) After December 1, 2024, the department and regional centers shall post information required to be posted pursuant to this section in machine-readable format.(g) Within three months of compiling the data with the department, and annually thereafter, each regional center shall meet with stakeholders in one or more public meetings regarding the data. The meeting or meetings shall be held separately from any meetings held pursuant to Section 4660. The regional center shall provide participants of these meetings with the data and any associated information related to improvements in the provision of developmental services to underserved communities and shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that community, including providing alternative communication services, as required by Sections 11135 to 11139.7, 11139, inclusive, of the Government Code and implementing regulations. Regional centers shall inform the department of the scheduling of those public meetings 30 days prior to the meeting. Notice of the meetings shall also be posted on the regional centers internet website 30 days prior to the meeting and shall be sent to individual stakeholders and groups representing underserved communities in a timely manner. Each regional center shall, in holding the meetings required by this subdivision, consider the language needs of the community and shall schedule the meetings at times and locations designed to result in a high turnout by the public and underserved communities.(h) (1) Consistent with subdivision (h) of Section 4648, regional centers shall annually provide each individual with their purchase of services data and any associated information related to improvements in the provision of developmental services to them. If requested, regional centers shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that individual, including providing alternative communication services, as required by Sections 11135 to 11139.7, 11139, inclusive, of the Government Code and implementing regulations.(2) When implemented in the statewide case management system, the information described in paragraph (1) shall be available to individuals through the consumer portal. If requested, regional centers shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that individual, including providing alternative communication services, as required by Sections 11135 to 11139.7, 11139, inclusive, of the Government Code and implementing regulations.(i) (1) Each regional center shall annually report to the department regarding its implementation of the requirements of this section. The report shall include, but shall not be limited to, all of the following:(A) Actions the regional center took to improve public attendance and participation at stakeholder meetings, including, but not limited to, attendance and participation by underserved communities.(B) Copies of minutes from the meeting and attendee comments.(C) Whether the data described in this section, including data deidentified pursuant to subdivision (m) of this section, indicate a need to reduce disparities in the purchase of services among consumers in the regional centers catchment area. If the data do indicate that need, the regional centers recommendations and plan to promote equity, and reduce disparities, in the purchase of services.(2) Each regional center and the department shall annually post the reports required by paragraph (1) on its internet website by August 31.(j) (1) The department shall, on a twice-a-year basis, consult with stakeholders, including consumers and families that reflect the ethnic and language diversity of regional center consumers, regional centers, advocates, providers, family resource centers, the protection and advocacy agency described in Section 4901, and those entities designated as University Centers for Excellence in Developmental Disabilities Education, Research, and Service pursuant to Section 15061 of Title 42 of the United States Code, to achieve the following objectives:(A) Review the data compiled pursuant to subdivisions (a) and (b).(B) Identify barriers to equitable access to services and supports among consumers, including consumers whose purchase of services data have been deidentified pursuant to subdivision (m), and develop recommendations to help reduce disparities in purchase of service expenditures.(C) Identify gaps in, and encourage the development and expansion of, culturally appropriate services, service delivery, and service coordination.(D) Identify best practices to reduce disparity and promote equity.(E) Maximize transparency whenever possible, including aggregation by region or display as percentages, as necessary.(2) The department shall notify the Legislature when information is posted on its internet website pursuant to this section.(k) (1) Subject to available funding, the department shall allocate funding to regional centers or community-based organizations with department oversight to assist with implementation of the recommendations and plans developed pursuant to subdivisions (i) and (j). Activities funded through these allocations may include, but are not limited to, pay differentials supporting direct care bilingual staff of community-based service providers, parent or caregiver education programs, cultural competency training for regional center staff, outreach to underserved populations, or additional culturally appropriate service types or service delivery models.(2) Each regional center shall consult with stakeholders regarding activities that may be effective in addressing disparities in the receipt of regional center services and the regional centers proposed requests for the funding specified in paragraph (1). Each regional center shall identify the stakeholders it consulted with, including groups whose purchase of services data have been deidentified, and include information on how it incorporated the input of stakeholders into its requests.(3) A community-based organization may submit a request for grant funding pursuant to this subdivision. In order to protect confidential data, the department or a regional center may waive a grant application requirement to provide data supporting that application, if that data would be subject to deidentification pursuant to applicable federal or state privacy laws. The organization shall submit the request concurrently to the regional center of the jurisdiction in which the organization is located and to the department. The regional center shall provide the department with input regarding the request prior to the departments final determination on the request.(4) The department shall review requests for funding within 45 days from the deadline specified in the departments guidance to regional centers and community-based organizations.(5) Each regional center and community-based organization receiving funding shall report annually to the department, in a manner determined by the department, on how the funding allocations were used and shall include recommendations of priorities for activities that may be effective in addressing disparities, based on the consultation with stakeholders.(6) The department shall post the following information on its internet website:(A) By September 1 of any year in which grant funding is available and has not been allocated, a structure for the grant program, including all of the following information:(i) How community-based organizations reflecting groups that are disadvantaged by disparities in the purchase of services will be invited to participate in the grant program, including groups whose purchase of services data have been deidentified.(ii) How statewide strategies were considered.(iii) How the department will ensure grant funds are not used for activities that regional centers are otherwise required by statute or regulation to conduct.(iv) How funded activities will be evaluated.(v) How community-based organizations reflecting groups that are impacted by disparities can receive a waiver for the submission of data supporting that application, if that data would be subject to deidentification pursuant to applicable federal or state privacy laws.(B) By October 1 of any year in which grant funding is available and has not been allocated, the final invitation for requests for funding or another mechanism through which requests for funding are solicited.(C) By January 1 of any year in which grant funding has been allocated, a list of grant recipients, funding level per grant, and a description of the funded project.(D) By May 1 of any year in which the information is available, evaluation results from prior grants. To ensure the department complies with this subparagraph, regional centers and community-based organizations receiving funding shall provide the department, by March 1 of the same year, with an evaluation of funded activities and the effectiveness of those activities in reducing disparities in the purchase of services, to the extent information is available. The provision of data by community-based organizations reflecting groups that are impacted by disparities whose purchase of services data otherwise would have to be deidentified pursuant to applicable federal or state privacy laws may be waived for the purpose of reporting grant outcomes pursuant to this subdivision.(l) On or before December 31, 2021, the department shall contract with an entity or entities with demonstrated experience in quantitative and qualitative data evaluation to design and conduct an independent evaluation of the efforts to promote equity and reduce disparities pursuant to subdivision (k).(m) (1) The data compiled pursuant to subdivisions (a) and (b) shall be deidentified in accordance with Section 164.514 of Title 45 of the Code of Federal Regulations or with updated regulations regarding the deidentification of data in accordance with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) prior to that data being disclosed publicly to third parties, including, but not limited to, stakeholders, or posted on internet websites.(2) The department shall deidentify purchase of services data pertaining to any regional center in a manner that maximizes transparency.SEC. 4. Section 4646 of the Welfare and Institutions Code is amended to read:4646. (a) It is the intent of the Legislature that the individual program plan and provision of services and supports by the regional center system is centered on the individual and the family of the individual with developmental disabilities and takes into account the needs and preferences of the individual and the family, if appropriate. It is further the intent of the Legislature that the individual program plan be developed using a person-centered approach that reflects the needs and preferences of the consumer, and, as appropriate, their family. The services and supports provided by the regional center should assist each consumer in achieving their personal outcomes and life goals and promote inclusion in their community. It is the further intent of the Legislature to ensure that the provision of services to consumers and their families be effective in meeting the goals stated in the individual program plan, reflect the preferences and choices of the consumer, and reflect the cost-effective use of public resources.(b) The individual program plan is developed through a process of individualized needs determination. The individual with developmental disabilities and, if appropriate, the individuals parents, legal guardian or conservator, or authorized representative, shall have the opportunity to actively participate in the development of the plan.(c) An individual program plan shall be developed for any person who, following intake and assessment, is found to be eligible for regional center services. These plans shall be completed within 60 days of the completion of the assessment. At the time of intake, the regional center shall inform the consumer and, if appropriate, the consumers parents, legal guardian or conservator, or authorized representative, of the services available through the state council and the protection and advocacy agency designated by the Governor pursuant to federal law, and shall provide the address and telephone numbers of those agencies.(d) Individual program plans shall be prepared jointly by the planning team. Decisions concerning the consumers goals, objectives, and services and supports that will be included in the consumers individual program plan and purchased by the regional center or obtained from generic agencies shall be made by agreement between the regional center representative and the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative at the program plan meeting.(e) Regional centers shall comply with the request of a consumer or, if appropriate, the request of the consumers parents, legal guardian, conservator, or authorized representative, that a designated representative receive written notice of all meetings to develop or revise the individual program plan and of all notices sent to the consumer pursuant to Section 4710. The designated representative may be a parent or family member.(f) (1) Notwithstanding any other law, a meeting regarding the provision of services and supports by the regional center, including a meeting to develop or revise the individual program plan, shall be held by remote electronic communications if requested by the consumer or, if appropriate, if requested by the consumers parents, legal guardian, conservator, or authorized representative.(2) (A) If the regional center has not held an in-person individual program plan meeting or completed any other in-person meeting or visit with the consumer in the previous 12 months, the regional center shall hold an in-person individual program plan meeting or other meeting or visit at a location and at a time that is convenient for, and reflects the preference of, the consumer, and, as appropriate, their parent, legal guardian, conservator, or authorized representative. This requirement on the part of the regional center shall not impede, delay, or prevent the timely development or revision of an individual program plan, or the timely authorization or receipt of services and supports.(B) The in-person meeting requirement established in this paragraph shall remain in effect pending the departments review, in coordination with stakeholders, of implementation of this subdivision, as amended by the act that added this paragraph. The review shall include the development of recommendations that may include, but not be limited to, whether and to what extent the in-person requirements are effective in assisting the consumer in meeting the goals stated in the individual program plan, in positively facilitating and improving service access and equity, and in helping to build relationships between service coordinators and parents, legal guardians, conservators, or authorized representatives. The department shall, after consulting with and receiving input from stakeholders, provide an update to the Legislature on the status of the review no later than January 10, 2026 2026, and shall provide, with any additional consultation and documented input from stakeholders, the completed review to the Legislature no later than May 14, 2026.(g) At the conclusion of an individual program plan meeting, an authorized representative of the regional center shall provide to the consumer, in written or electronic format, a list of the agreed-upon services and supports, and, if known, the projected start date, the frequency and duration of the services and supports, and the provider. The authorized representative of the regional center shall sign the list of agreed-upon services and supports at that time. The consumer, or if appropriate, the consumers parent, legal guardian, conservator, or authorized representative shall sign the list of agreed-upon services and supports prior to its implementation. The consumer, or if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, may elect to delay receipt of the list of agreed-upon services and supports pending final agreement, as described in subdivision (h). If the consumer, or if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, elects to delay the receipt of the list of agreed-upon services and supports for 15 days, the list shall be provided in the preferred language of the consumer, or of the consumers parent, legal guardian, or authorized representative.(h) If a final agreement regarding the services and supports to be provided to the consumer cannot be reached at a program plan meeting, then a subsequent program plan meeting shall be convened within 15 days, or later at the request of the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative or if agreed to by the planning team. The list of the agreed-upon services and supports described in subdivision (g) and signed by the authorized representative of the regional center shall be provided, in writing or electronically, at the conclusion of the subsequent program plan meeting, and shall be provided in the preferred language of the consumer, or of the consumers parent, legal guardian, conservator, or authorized representative. Additional program plan meetings may be held with the agreement of the regional center representative and the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative.(i) An authorized representative of the regional center and the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative shall sign the individual program plan and the list of the agreed-upon services and supports prior to its implementation. If the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, does not agree with all components of the individual program plan, the consumer may indicate that disagreement on the plan. Disagreement with specific plan components shall not prohibit the implementation of services and supports agreed to by the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative. If the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, does not agree with the plan in whole or in part, the consumer shall be sent written notice of their appeal rights, as required by Sections 4701 and 4710.(j) (1) A regional center shall communicate in the consumers preferred language, or, if appropriate, the preferred language of the consumers family, legal guardian, conservator, or authorized representative, during the planning process for the individual program plan, including during the program plan meeting, and including providing alternative communication services, as required by Sections 11135 to 11139, inclusive, of the Government Code and implementing regulations.(2) A regional center shall provide alternative communication services, including providing copies of the list of services and supports, and the individual program plan in the preferred language of the consumer or the consumers family, legal guardian, conservator, or authorized representative, or both, as required by Sections 11135 to 11139, inclusive, of the Government Code and implementing regulations.(3) The preferred language of the consumer or the consumers family, legal guardian, conservator, or authorized representative, or both, shall be documented in the individual program plan.(k) A regional center shall document in each consumers individual program plan all of the consumers denials of services, notices of actions, and appeals. |
|---|
| 38 | + | The people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) Transparency and accountability in the regional center system are essential to ensuring equitable access to services for individuals with developmental disabilities.(2) While regional centers currently report appeals data to the State Department of Developmental Services, there is no reporting mechanism in place for tracking service denials and notices of action (NOAs).(3) Disparities exist in service access, particularly among Latino and non-English-speaking families, due to a lack of information and accessibility.(4) Establishing a statewide reporting mechanism will improve oversight, address disparities, and enhance public trust in the developmental services system.(5) Service disparities persist, particularly among Latino, Black, Asian, Indigenous, and non-English-speaking communities, as well as low-income families, leading to inequitable access to vital developmental services.(6) Current reporting requirements focus only on service approvals and appeals, but do not capture the data on service denials, leaving gaps in oversight and accountability that contribute to systemic inequities.(7) Families often receive inconsistent communication regarding service denials, and NOAs are not always issued, making it difficult for consumers to understand their rights or navigate the appeals process.(8) Regional centers have inconsistent policies regarding how and when NOAs are provided, which has resulted in a lack of due process and procedural protections for consumers.(9) Public reporting of service denials and appeals will allow lawmakers, advocates, and families to monitor disparities and hold regional centers accountable for fair and consistent decisionmaking.(10) Mandating the inclusion of service denials in individualized program plans will create a permanent, trackable record of service requests and decisions ensuring transparency and fairness in service allocation.(11) A standardized and accessible data dashboard, available in multiple languages and user-friendly formats, will ensure families, advocacy organizations, and policymakers have the necessary tools to track and address systemic inequities.(12) Ensuring the department collects and publishes data on service denials, NOAs, and appeals will provide a critical foundation for evaluating equity, effectiveness, and accountability within the regional center system.(13) The implementation of this act will provide a structured and enforceable mechanism for the department to ensure compliance across all 21 regional centers and improve the overall integrity of the service system.(b) It is the intent of the Legislature to enact legislation relating to transparency and accountability in the regional center system. |
|---|
| 145 | | - | |
|---|
| 146 | | - | |
|---|
| 147 | | - | |
|---|
| 148 | | - | SEC. 3. Section 4519.5 of the Welfare and Institutions Code is amended to read:4519.5. (a) The department and the regional centers shall annually collaborate to compile and report, consistent with applicable federal and state privacy laws, data, including deidentified data in accordance with subdivision (m), in a uniform manner relating to purchase of service authorization, utilization, and expenditure expenditure, denials of services, and notices of action by each regional center with respect to all of the following:(1) The age of the consumer, categorized by the following:(A) Birth to two years of age, inclusive.(B) Three to 21 years of age, inclusive.(C) Twenty-two years of age and older.(2) Race or ethnicity of the consumer.(3) Preferred language spoken by the consumer, and other related details, as feasible.(4) Disability detail, in accordance with the categories established by subdivision (a) of Section 4512, and, if applicable, a category specifying that the disability is unknown.(5) Residence type, subcategorized by age, race or ethnicity, and preferred language.(6) Number of instances when the written copy of the individual program plan was provided at the request of the consumer and, when appropriate, the consumers parents, legal guardian or conservator, or authorized representative, in a language other than a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations, if that written copy was provided more than 60 days after the request.(7) Number of instances when the written copy of the individual program plan was provided at the request of the consumer and, when appropriate, the consumers parents, legal guardian or conservator, or authorized representative, in a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations, if that written copy was provided more than 45 days after the request, in violation of paragraph (5) of subdivision (a) of Section 4646.5.(8) Beginning with data for the fiscal year of 202324, the numbers, percentages, and total and per capita expenditure and authorization amounts, by age, as applicable, according to race or ethnicity and preferred language, for all combined residence types and for consumers living in the family home, regarding the following service types:(A) Camping and associated travel expenses.(B) Social recreation activities.(C) Educational services.(D) Nonmedical therapies, including, but not limited to, specialized recreation, art, dance, and music.(b) The data reported pursuant to subdivision (a) shall also include the number and percentage of individuals, categorized by age, race or ethnicity, and disability, and by residence type, as set forth in paragraph (5) of subdivision (a), who have been determined to be eligible for regional center services, but are not receiving purchase of service funds.(c) (1) (A) By March 31, 2013, each regional center shall post the data described in this section that are specific to the regional center on its internet website. Commencing on December 31, 2013, each regional center shall annually post these data by December 31. Each regional center shall maintain all previous years data on its internet website.(B) Commencing December 31, 2023, each regional center shall post its data uniformly with all other regional centers, using the same criteria, format, and organization.(2) Notwithstanding the requirement pursuant to paragraph (1), if the information required to be posted pursuant to this section is produced and posted by the department for each regional center, each regional center instead may link to that information from its internet website.(d) By March 31, 2013, the department shall post the information described in this section on a statewide basis on its internet website. Commencing December 31, 2013, the department shall annually post this information by December 31. The department shall maintain all previous years data on its internet website. The department shall also post notice of any regional center stakeholder meetings on its internet website.(e) In addition to maintaining hyperlinks to each regional centers reports on its internet website, commencing December 1, 2024, the department shall also post the data compiled pursuant to subdivisions (a) and (b), and the data compiled pursuant to Section 4519.6, in the same uniform manner as reported by the regional centers, as follows:(1) On a statewide aggregate basis.(2) On an aggregate basis according to particular geographical areas, as determined by the department in consultation with stakeholders.(3) The department shall provide trend analysis on the changes observed in data over time, including increasing and decreasing utilization of services by any of the characteristics cited in subdivision (a).(f) After December 1, 2024, the department and regional centers shall post information required to be posted pursuant to this section in machine-readable format.(g) Within three months of compiling the data with the department, and annually thereafter, each regional center shall meet with stakeholders in one or more public meetings regarding the data. The meeting or meetings shall be held separately from any meetings held pursuant to Section 4660. The regional center shall provide participants of these meetings with the data and any associated information related to improvements in the provision of developmental services to underserved communities and shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that community, including providing alternative communication services, as required by Sections 11135 to 11139.7, 11139, inclusive, of the Government Code and implementing regulations. Regional centers shall inform the department of the scheduling of those public meetings 30 days prior to the meeting. Notice of the meetings shall also be posted on the regional centers internet website 30 days prior to the meeting and shall be sent to individual stakeholders and groups representing underserved communities in a timely manner. Each regional center shall, in holding the meetings required by this subdivision, consider the language needs of the community and shall schedule the meetings at times and locations designed to result in a high turnout by the public and underserved communities.(h) (1) Consistent with subdivision (h) of Section 4648, regional centers shall annually provide each individual with their purchase of services data and any associated information related to improvements in the provision of developmental services to them. If requested, regional centers shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that individual, including providing alternative communication services, as required by Sections 11135 to 11139.7, 11139, inclusive, of the Government Code and implementing regulations.(2) When implemented in the statewide case management system, the information described in paragraph (1) shall be available to individuals through the consumer portal. If requested, regional centers shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that individual, including providing alternative communication services, as required by Sections 11135 to 11139.7, 11139, inclusive, of the Government Code and implementing regulations.(i) (1) Each regional center shall annually report to the department regarding its implementation of the requirements of this section. The report shall include, but shall not be limited to, all of the following:(A) Actions the regional center took to improve public attendance and participation at stakeholder meetings, including, but not limited to, attendance and participation by underserved communities.(B) Copies of minutes from the meeting and attendee comments.(C) Whether the data described in this section, including data deidentified pursuant to subdivision (m) of this section, indicate a need to reduce disparities in the purchase of services among consumers in the regional centers catchment area. If the data do indicate that need, the regional centers recommendations and plan to promote equity, and reduce disparities, in the purchase of services.(2) Each regional center and the department shall annually post the reports required by paragraph (1) on its internet website by August 31.(j) (1) The department shall, on a twice-a-year basis, consult with stakeholders, including consumers and families that reflect the ethnic and language diversity of regional center consumers, regional centers, advocates, providers, family resource centers, the protection and advocacy agency described in Section 4901, and those entities designated as University Centers for Excellence in Developmental Disabilities Education, Research, and Service pursuant to Section 15061 of Title 42 of the United States Code, to achieve the following objectives:(A) Review the data compiled pursuant to subdivisions (a) and (b).(B) Identify barriers to equitable access to services and supports among consumers, including consumers whose purchase of services data have been deidentified pursuant to subdivision (m), and develop recommendations to help reduce disparities in purchase of service expenditures.(C) Identify gaps in, and encourage the development and expansion of, culturally appropriate services, service delivery, and service coordination.(D) Identify best practices to reduce disparity and promote equity.(E) Maximize transparency whenever possible, including aggregation by region or display as percentages, as necessary.(2) The department shall notify the Legislature when information is posted on its internet website pursuant to this section.(k) (1) Subject to available funding, the department shall allocate funding to regional centers or community-based organizations with department oversight to assist with implementation of the recommendations and plans developed pursuant to subdivisions (i) and (j). Activities funded through these allocations may include, but are not limited to, pay differentials supporting direct care bilingual staff of community-based service providers, parent or caregiver education programs, cultural competency training for regional center staff, outreach to underserved populations, or additional culturally appropriate service types or service delivery models.(2) Each regional center shall consult with stakeholders regarding activities that may be effective in addressing disparities in the receipt of regional center services and the regional centers proposed requests for the funding specified in paragraph (1). Each regional center shall identify the stakeholders it consulted with, including groups whose purchase of services data have been deidentified, and include information on how it incorporated the input of stakeholders into its requests.(3) A community-based organization may submit a request for grant funding pursuant to this subdivision. In order to protect confidential data, the department or a regional center may waive a grant application requirement to provide data supporting that application, if that data would be subject to deidentification pursuant to applicable federal or state privacy laws. The organization shall submit the request concurrently to the regional center of the jurisdiction in which the organization is located and to the department. The regional center shall provide the department with input regarding the request prior to the departments final determination on the request.(4) The department shall review requests for funding within 45 days from the deadline specified in the departments guidance to regional centers and community-based organizations.(5) Each regional center and community-based organization receiving funding shall report annually to the department, in a manner determined by the department, on how the funding allocations were used and shall include recommendations of priorities for activities that may be effective in addressing disparities, based on the consultation with stakeholders.(6) The department shall post the following information on its internet website:(A) By September 1 of any year in which grant funding is available and has not been allocated, a structure for the grant program, including all of the following information:(i) How community-based organizations reflecting groups that are disadvantaged by disparities in the purchase of services will be invited to participate in the grant program, including groups whose purchase of services data have been deidentified.(ii) How statewide strategies were considered.(iii) How the department will ensure grant funds are not used for activities that regional centers are otherwise required by statute or regulation to conduct.(iv) How funded activities will be evaluated.(v) How community-based organizations reflecting groups that are impacted by disparities can receive a waiver for the submission of data supporting that application, if that data would be subject to deidentification pursuant to applicable federal or state privacy laws.(B) By October 1 of any year in which grant funding is available and has not been allocated, the final invitation for requests for funding or another mechanism through which requests for funding are solicited.(C) By January 1 of any year in which grant funding has been allocated, a list of grant recipients, funding level per grant, and a description of the funded project.(D) By May 1 of any year in which the information is available, evaluation results from prior grants. To ensure the department complies with this subparagraph, regional centers and community-based organizations receiving funding shall provide the department, by March 1 of the same year, with an evaluation of funded activities and the effectiveness of those activities in reducing disparities in the purchase of services, to the extent information is available. The provision of data by community-based organizations reflecting groups that are impacted by disparities whose purchase of services data otherwise would have to be deidentified pursuant to applicable federal or state privacy laws may be waived for the purpose of reporting grant outcomes pursuant to this subdivision.(l) On or before December 31, 2021, the department shall contract with an entity or entities with demonstrated experience in quantitative and qualitative data evaluation to design and conduct an independent evaluation of the efforts to promote equity and reduce disparities pursuant to subdivision (k).(m) (1) The data compiled pursuant to subdivisions (a) and (b) shall be deidentified in accordance with Section 164.514 of Title 45 of the Code of Federal Regulations or with updated regulations regarding the deidentification of data in accordance with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) prior to that data being disclosed publicly to third parties, including, but not limited to, stakeholders, or posted on internet websites.(2) The department shall deidentify purchase of services data pertaining to any regional center in a manner that maximizes transparency. |
|---|
| 149 | | - | |
|---|
| 150 | | - | SEC. 3. Section 4519.5 of the Welfare and Institutions Code is amended to read: |
|---|
| 151 | | - | |
|---|
| 152 | | - | ### SEC. 3. |
|---|
| 153 | | - | |
|---|
| 154 | | - | 4519.5. (a) The department and the regional centers shall annually collaborate to compile and report, consistent with applicable federal and state privacy laws, data, including deidentified data in accordance with subdivision (m), in a uniform manner relating to purchase of service authorization, utilization, and expenditure expenditure, denials of services, and notices of action by each regional center with respect to all of the following:(1) The age of the consumer, categorized by the following:(A) Birth to two years of age, inclusive.(B) Three to 21 years of age, inclusive.(C) Twenty-two years of age and older.(2) Race or ethnicity of the consumer.(3) Preferred language spoken by the consumer, and other related details, as feasible.(4) Disability detail, in accordance with the categories established by subdivision (a) of Section 4512, and, if applicable, a category specifying that the disability is unknown.(5) Residence type, subcategorized by age, race or ethnicity, and preferred language.(6) Number of instances when the written copy of the individual program plan was provided at the request of the consumer and, when appropriate, the consumers parents, legal guardian or conservator, or authorized representative, in a language other than a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations, if that written copy was provided more than 60 days after the request.(7) Number of instances when the written copy of the individual program plan was provided at the request of the consumer and, when appropriate, the consumers parents, legal guardian or conservator, or authorized representative, in a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations, if that written copy was provided more than 45 days after the request, in violation of paragraph (5) of subdivision (a) of Section 4646.5.(8) Beginning with data for the fiscal year of 202324, the numbers, percentages, and total and per capita expenditure and authorization amounts, by age, as applicable, according to race or ethnicity and preferred language, for all combined residence types and for consumers living in the family home, regarding the following service types:(A) Camping and associated travel expenses.(B) Social recreation activities.(C) Educational services.(D) Nonmedical therapies, including, but not limited to, specialized recreation, art, dance, and music.(b) The data reported pursuant to subdivision (a) shall also include the number and percentage of individuals, categorized by age, race or ethnicity, and disability, and by residence type, as set forth in paragraph (5) of subdivision (a), who have been determined to be eligible for regional center services, but are not receiving purchase of service funds.(c) (1) (A) By March 31, 2013, each regional center shall post the data described in this section that are specific to the regional center on its internet website. Commencing on December 31, 2013, each regional center shall annually post these data by December 31. Each regional center shall maintain all previous years data on its internet website.(B) Commencing December 31, 2023, each regional center shall post its data uniformly with all other regional centers, using the same criteria, format, and organization.(2) Notwithstanding the requirement pursuant to paragraph (1), if the information required to be posted pursuant to this section is produced and posted by the department for each regional center, each regional center instead may link to that information from its internet website.(d) By March 31, 2013, the department shall post the information described in this section on a statewide basis on its internet website. Commencing December 31, 2013, the department shall annually post this information by December 31. The department shall maintain all previous years data on its internet website. The department shall also post notice of any regional center stakeholder meetings on its internet website.(e) In addition to maintaining hyperlinks to each regional centers reports on its internet website, commencing December 1, 2024, the department shall also post the data compiled pursuant to subdivisions (a) and (b), and the data compiled pursuant to Section 4519.6, in the same uniform manner as reported by the regional centers, as follows:(1) On a statewide aggregate basis.(2) On an aggregate basis according to particular geographical areas, as determined by the department in consultation with stakeholders.(3) The department shall provide trend analysis on the changes observed in data over time, including increasing and decreasing utilization of services by any of the characteristics cited in subdivision (a).(f) After December 1, 2024, the department and regional centers shall post information required to be posted pursuant to this section in machine-readable format.(g) Within three months of compiling the data with the department, and annually thereafter, each regional center shall meet with stakeholders in one or more public meetings regarding the data. The meeting or meetings shall be held separately from any meetings held pursuant to Section 4660. The regional center shall provide participants of these meetings with the data and any associated information related to improvements in the provision of developmental services to underserved communities and shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that community, including providing alternative communication services, as required by Sections 11135 to 11139.7, 11139, inclusive, of the Government Code and implementing regulations. Regional centers shall inform the department of the scheduling of those public meetings 30 days prior to the meeting. Notice of the meetings shall also be posted on the regional centers internet website 30 days prior to the meeting and shall be sent to individual stakeholders and groups representing underserved communities in a timely manner. Each regional center shall, in holding the meetings required by this subdivision, consider the language needs of the community and shall schedule the meetings at times and locations designed to result in a high turnout by the public and underserved communities.(h) (1) Consistent with subdivision (h) of Section 4648, regional centers shall annually provide each individual with their purchase of services data and any associated information related to improvements in the provision of developmental services to them. If requested, regional centers shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that individual, including providing alternative communication services, as required by Sections 11135 to 11139.7, 11139, inclusive, of the Government Code and implementing regulations.(2) When implemented in the statewide case management system, the information described in paragraph (1) shall be available to individuals through the consumer portal. If requested, regional centers shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that individual, including providing alternative communication services, as required by Sections 11135 to 11139.7, 11139, inclusive, of the Government Code and implementing regulations.(i) (1) Each regional center shall annually report to the department regarding its implementation of the requirements of this section. The report shall include, but shall not be limited to, all of the following:(A) Actions the regional center took to improve public attendance and participation at stakeholder meetings, including, but not limited to, attendance and participation by underserved communities.(B) Copies of minutes from the meeting and attendee comments.(C) Whether the data described in this section, including data deidentified pursuant to subdivision (m) of this section, indicate a need to reduce disparities in the purchase of services among consumers in the regional centers catchment area. If the data do indicate that need, the regional centers recommendations and plan to promote equity, and reduce disparities, in the purchase of services.(2) Each regional center and the department shall annually post the reports required by paragraph (1) on its internet website by August 31.(j) (1) The department shall, on a twice-a-year basis, consult with stakeholders, including consumers and families that reflect the ethnic and language diversity of regional center consumers, regional centers, advocates, providers, family resource centers, the protection and advocacy agency described in Section 4901, and those entities designated as University Centers for Excellence in Developmental Disabilities Education, Research, and Service pursuant to Section 15061 of Title 42 of the United States Code, to achieve the following objectives:(A) Review the data compiled pursuant to subdivisions (a) and (b).(B) Identify barriers to equitable access to services and supports among consumers, including consumers whose purchase of services data have been deidentified pursuant to subdivision (m), and develop recommendations to help reduce disparities in purchase of service expenditures.(C) Identify gaps in, and encourage the development and expansion of, culturally appropriate services, service delivery, and service coordination.(D) Identify best practices to reduce disparity and promote equity.(E) Maximize transparency whenever possible, including aggregation by region or display as percentages, as necessary.(2) The department shall notify the Legislature when information is posted on its internet website pursuant to this section.(k) (1) Subject to available funding, the department shall allocate funding to regional centers or community-based organizations with department oversight to assist with implementation of the recommendations and plans developed pursuant to subdivisions (i) and (j). Activities funded through these allocations may include, but are not limited to, pay differentials supporting direct care bilingual staff of community-based service providers, parent or caregiver education programs, cultural competency training for regional center staff, outreach to underserved populations, or additional culturally appropriate service types or service delivery models.(2) Each regional center shall consult with stakeholders regarding activities that may be effective in addressing disparities in the receipt of regional center services and the regional centers proposed requests for the funding specified in paragraph (1). Each regional center shall identify the stakeholders it consulted with, including groups whose purchase of services data have been deidentified, and include information on how it incorporated the input of stakeholders into its requests.(3) A community-based organization may submit a request for grant funding pursuant to this subdivision. In order to protect confidential data, the department or a regional center may waive a grant application requirement to provide data supporting that application, if that data would be subject to deidentification pursuant to applicable federal or state privacy laws. The organization shall submit the request concurrently to the regional center of the jurisdiction in which the organization is located and to the department. The regional center shall provide the department with input regarding the request prior to the departments final determination on the request.(4) The department shall review requests for funding within 45 days from the deadline specified in the departments guidance to regional centers and community-based organizations.(5) Each regional center and community-based organization receiving funding shall report annually to the department, in a manner determined by the department, on how the funding allocations were used and shall include recommendations of priorities for activities that may be effective in addressing disparities, based on the consultation with stakeholders.(6) The department shall post the following information on its internet website:(A) By September 1 of any year in which grant funding is available and has not been allocated, a structure for the grant program, including all of the following information:(i) How community-based organizations reflecting groups that are disadvantaged by disparities in the purchase of services will be invited to participate in the grant program, including groups whose purchase of services data have been deidentified.(ii) How statewide strategies were considered.(iii) How the department will ensure grant funds are not used for activities that regional centers are otherwise required by statute or regulation to conduct.(iv) How funded activities will be evaluated.(v) How community-based organizations reflecting groups that are impacted by disparities can receive a waiver for the submission of data supporting that application, if that data would be subject to deidentification pursuant to applicable federal or state privacy laws.(B) By October 1 of any year in which grant funding is available and has not been allocated, the final invitation for requests for funding or another mechanism through which requests for funding are solicited.(C) By January 1 of any year in which grant funding has been allocated, a list of grant recipients, funding level per grant, and a description of the funded project.(D) By May 1 of any year in which the information is available, evaluation results from prior grants. To ensure the department complies with this subparagraph, regional centers and community-based organizations receiving funding shall provide the department, by March 1 of the same year, with an evaluation of funded activities and the effectiveness of those activities in reducing disparities in the purchase of services, to the extent information is available. The provision of data by community-based organizations reflecting groups that are impacted by disparities whose purchase of services data otherwise would have to be deidentified pursuant to applicable federal or state privacy laws may be waived for the purpose of reporting grant outcomes pursuant to this subdivision.(l) On or before December 31, 2021, the department shall contract with an entity or entities with demonstrated experience in quantitative and qualitative data evaluation to design and conduct an independent evaluation of the efforts to promote equity and reduce disparities pursuant to subdivision (k).(m) (1) The data compiled pursuant to subdivisions (a) and (b) shall be deidentified in accordance with Section 164.514 of Title 45 of the Code of Federal Regulations or with updated regulations regarding the deidentification of data in accordance with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) prior to that data being disclosed publicly to third parties, including, but not limited to, stakeholders, or posted on internet websites.(2) The department shall deidentify purchase of services data pertaining to any regional center in a manner that maximizes transparency. |
|---|
| 155 | | - | |
|---|
| 156 | | - | 4519.5. (a) The department and the regional centers shall annually collaborate to compile and report, consistent with applicable federal and state privacy laws, data, including deidentified data in accordance with subdivision (m), in a uniform manner relating to purchase of service authorization, utilization, and expenditure expenditure, denials of services, and notices of action by each regional center with respect to all of the following:(1) The age of the consumer, categorized by the following:(A) Birth to two years of age, inclusive.(B) Three to 21 years of age, inclusive.(C) Twenty-two years of age and older.(2) Race or ethnicity of the consumer.(3) Preferred language spoken by the consumer, and other related details, as feasible.(4) Disability detail, in accordance with the categories established by subdivision (a) of Section 4512, and, if applicable, a category specifying that the disability is unknown.(5) Residence type, subcategorized by age, race or ethnicity, and preferred language.(6) Number of instances when the written copy of the individual program plan was provided at the request of the consumer and, when appropriate, the consumers parents, legal guardian or conservator, or authorized representative, in a language other than a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations, if that written copy was provided more than 60 days after the request.(7) Number of instances when the written copy of the individual program plan was provided at the request of the consumer and, when appropriate, the consumers parents, legal guardian or conservator, or authorized representative, in a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations, if that written copy was provided more than 45 days after the request, in violation of paragraph (5) of subdivision (a) of Section 4646.5.(8) Beginning with data for the fiscal year of 202324, the numbers, percentages, and total and per capita expenditure and authorization amounts, by age, as applicable, according to race or ethnicity and preferred language, for all combined residence types and for consumers living in the family home, regarding the following service types:(A) Camping and associated travel expenses.(B) Social recreation activities.(C) Educational services.(D) Nonmedical therapies, including, but not limited to, specialized recreation, art, dance, and music.(b) The data reported pursuant to subdivision (a) shall also include the number and percentage of individuals, categorized by age, race or ethnicity, and disability, and by residence type, as set forth in paragraph (5) of subdivision (a), who have been determined to be eligible for regional center services, but are not receiving purchase of service funds.(c) (1) (A) By March 31, 2013, each regional center shall post the data described in this section that are specific to the regional center on its internet website. Commencing on December 31, 2013, each regional center shall annually post these data by December 31. Each regional center shall maintain all previous years data on its internet website.(B) Commencing December 31, 2023, each regional center shall post its data uniformly with all other regional centers, using the same criteria, format, and organization.(2) Notwithstanding the requirement pursuant to paragraph (1), if the information required to be posted pursuant to this section is produced and posted by the department for each regional center, each regional center instead may link to that information from its internet website.(d) By March 31, 2013, the department shall post the information described in this section on a statewide basis on its internet website. Commencing December 31, 2013, the department shall annually post this information by December 31. The department shall maintain all previous years data on its internet website. The department shall also post notice of any regional center stakeholder meetings on its internet website.(e) In addition to maintaining hyperlinks to each regional centers reports on its internet website, commencing December 1, 2024, the department shall also post the data compiled pursuant to subdivisions (a) and (b), and the data compiled pursuant to Section 4519.6, in the same uniform manner as reported by the regional centers, as follows:(1) On a statewide aggregate basis.(2) On an aggregate basis according to particular geographical areas, as determined by the department in consultation with stakeholders.(3) The department shall provide trend analysis on the changes observed in data over time, including increasing and decreasing utilization of services by any of the characteristics cited in subdivision (a).(f) After December 1, 2024, the department and regional centers shall post information required to be posted pursuant to this section in machine-readable format.(g) Within three months of compiling the data with the department, and annually thereafter, each regional center shall meet with stakeholders in one or more public meetings regarding the data. The meeting or meetings shall be held separately from any meetings held pursuant to Section 4660. The regional center shall provide participants of these meetings with the data and any associated information related to improvements in the provision of developmental services to underserved communities and shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that community, including providing alternative communication services, as required by Sections 11135 to 11139.7, 11139, inclusive, of the Government Code and implementing regulations. Regional centers shall inform the department of the scheduling of those public meetings 30 days prior to the meeting. Notice of the meetings shall also be posted on the regional centers internet website 30 days prior to the meeting and shall be sent to individual stakeholders and groups representing underserved communities in a timely manner. Each regional center shall, in holding the meetings required by this subdivision, consider the language needs of the community and shall schedule the meetings at times and locations designed to result in a high turnout by the public and underserved communities.(h) (1) Consistent with subdivision (h) of Section 4648, regional centers shall annually provide each individual with their purchase of services data and any associated information related to improvements in the provision of developmental services to them. If requested, regional centers shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that individual, including providing alternative communication services, as required by Sections 11135 to 11139.7, 11139, inclusive, of the Government Code and implementing regulations.(2) When implemented in the statewide case management system, the information described in paragraph (1) shall be available to individuals through the consumer portal. If requested, regional centers shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that individual, including providing alternative communication services, as required by Sections 11135 to 11139.7, 11139, inclusive, of the Government Code and implementing regulations.(i) (1) Each regional center shall annually report to the department regarding its implementation of the requirements of this section. The report shall include, but shall not be limited to, all of the following:(A) Actions the regional center took to improve public attendance and participation at stakeholder meetings, including, but not limited to, attendance and participation by underserved communities.(B) Copies of minutes from the meeting and attendee comments.(C) Whether the data described in this section, including data deidentified pursuant to subdivision (m) of this section, indicate a need to reduce disparities in the purchase of services among consumers in the regional centers catchment area. If the data do indicate that need, the regional centers recommendations and plan to promote equity, and reduce disparities, in the purchase of services.(2) Each regional center and the department shall annually post the reports required by paragraph (1) on its internet website by August 31.(j) (1) The department shall, on a twice-a-year basis, consult with stakeholders, including consumers and families that reflect the ethnic and language diversity of regional center consumers, regional centers, advocates, providers, family resource centers, the protection and advocacy agency described in Section 4901, and those entities designated as University Centers for Excellence in Developmental Disabilities Education, Research, and Service pursuant to Section 15061 of Title 42 of the United States Code, to achieve the following objectives:(A) Review the data compiled pursuant to subdivisions (a) and (b).(B) Identify barriers to equitable access to services and supports among consumers, including consumers whose purchase of services data have been deidentified pursuant to subdivision (m), and develop recommendations to help reduce disparities in purchase of service expenditures.(C) Identify gaps in, and encourage the development and expansion of, culturally appropriate services, service delivery, and service coordination.(D) Identify best practices to reduce disparity and promote equity.(E) Maximize transparency whenever possible, including aggregation by region or display as percentages, as necessary.(2) The department shall notify the Legislature when information is posted on its internet website pursuant to this section.(k) (1) Subject to available funding, the department shall allocate funding to regional centers or community-based organizations with department oversight to assist with implementation of the recommendations and plans developed pursuant to subdivisions (i) and (j). Activities funded through these allocations may include, but are not limited to, pay differentials supporting direct care bilingual staff of community-based service providers, parent or caregiver education programs, cultural competency training for regional center staff, outreach to underserved populations, or additional culturally appropriate service types or service delivery models.(2) Each regional center shall consult with stakeholders regarding activities that may be effective in addressing disparities in the receipt of regional center services and the regional centers proposed requests for the funding specified in paragraph (1). Each regional center shall identify the stakeholders it consulted with, including groups whose purchase of services data have been deidentified, and include information on how it incorporated the input of stakeholders into its requests.(3) A community-based organization may submit a request for grant funding pursuant to this subdivision. In order to protect confidential data, the department or a regional center may waive a grant application requirement to provide data supporting that application, if that data would be subject to deidentification pursuant to applicable federal or state privacy laws. The organization shall submit the request concurrently to the regional center of the jurisdiction in which the organization is located and to the department. The regional center shall provide the department with input regarding the request prior to the departments final determination on the request.(4) The department shall review requests for funding within 45 days from the deadline specified in the departments guidance to regional centers and community-based organizations.(5) Each regional center and community-based organization receiving funding shall report annually to the department, in a manner determined by the department, on how the funding allocations were used and shall include recommendations of priorities for activities that may be effective in addressing disparities, based on the consultation with stakeholders.(6) The department shall post the following information on its internet website:(A) By September 1 of any year in which grant funding is available and has not been allocated, a structure for the grant program, including all of the following information:(i) How community-based organizations reflecting groups that are disadvantaged by disparities in the purchase of services will be invited to participate in the grant program, including groups whose purchase of services data have been deidentified.(ii) How statewide strategies were considered.(iii) How the department will ensure grant funds are not used for activities that regional centers are otherwise required by statute or regulation to conduct.(iv) How funded activities will be evaluated.(v) How community-based organizations reflecting groups that are impacted by disparities can receive a waiver for the submission of data supporting that application, if that data would be subject to deidentification pursuant to applicable federal or state privacy laws.(B) By October 1 of any year in which grant funding is available and has not been allocated, the final invitation for requests for funding or another mechanism through which requests for funding are solicited.(C) By January 1 of any year in which grant funding has been allocated, a list of grant recipients, funding level per grant, and a description of the funded project.(D) By May 1 of any year in which the information is available, evaluation results from prior grants. To ensure the department complies with this subparagraph, regional centers and community-based organizations receiving funding shall provide the department, by March 1 of the same year, with an evaluation of funded activities and the effectiveness of those activities in reducing disparities in the purchase of services, to the extent information is available. The provision of data by community-based organizations reflecting groups that are impacted by disparities whose purchase of services data otherwise would have to be deidentified pursuant to applicable federal or state privacy laws may be waived for the purpose of reporting grant outcomes pursuant to this subdivision.(l) On or before December 31, 2021, the department shall contract with an entity or entities with demonstrated experience in quantitative and qualitative data evaluation to design and conduct an independent evaluation of the efforts to promote equity and reduce disparities pursuant to subdivision (k).(m) (1) The data compiled pursuant to subdivisions (a) and (b) shall be deidentified in accordance with Section 164.514 of Title 45 of the Code of Federal Regulations or with updated regulations regarding the deidentification of data in accordance with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) prior to that data being disclosed publicly to third parties, including, but not limited to, stakeholders, or posted on internet websites.(2) The department shall deidentify purchase of services data pertaining to any regional center in a manner that maximizes transparency. |
|---|
| 157 | | - | |
|---|
| 158 | | - | 4519.5. (a) The department and the regional centers shall annually collaborate to compile and report, consistent with applicable federal and state privacy laws, data, including deidentified data in accordance with subdivision (m), in a uniform manner relating to purchase of service authorization, utilization, and expenditure expenditure, denials of services, and notices of action by each regional center with respect to all of the following:(1) The age of the consumer, categorized by the following:(A) Birth to two years of age, inclusive.(B) Three to 21 years of age, inclusive.(C) Twenty-two years of age and older.(2) Race or ethnicity of the consumer.(3) Preferred language spoken by the consumer, and other related details, as feasible.(4) Disability detail, in accordance with the categories established by subdivision (a) of Section 4512, and, if applicable, a category specifying that the disability is unknown.(5) Residence type, subcategorized by age, race or ethnicity, and preferred language.(6) Number of instances when the written copy of the individual program plan was provided at the request of the consumer and, when appropriate, the consumers parents, legal guardian or conservator, or authorized representative, in a language other than a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations, if that written copy was provided more than 60 days after the request.(7) Number of instances when the written copy of the individual program plan was provided at the request of the consumer and, when appropriate, the consumers parents, legal guardian or conservator, or authorized representative, in a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations, if that written copy was provided more than 45 days after the request, in violation of paragraph (5) of subdivision (a) of Section 4646.5.(8) Beginning with data for the fiscal year of 202324, the numbers, percentages, and total and per capita expenditure and authorization amounts, by age, as applicable, according to race or ethnicity and preferred language, for all combined residence types and for consumers living in the family home, regarding the following service types:(A) Camping and associated travel expenses.(B) Social recreation activities.(C) Educational services.(D) Nonmedical therapies, including, but not limited to, specialized recreation, art, dance, and music.(b) The data reported pursuant to subdivision (a) shall also include the number and percentage of individuals, categorized by age, race or ethnicity, and disability, and by residence type, as set forth in paragraph (5) of subdivision (a), who have been determined to be eligible for regional center services, but are not receiving purchase of service funds.(c) (1) (A) By March 31, 2013, each regional center shall post the data described in this section that are specific to the regional center on its internet website. Commencing on December 31, 2013, each regional center shall annually post these data by December 31. Each regional center shall maintain all previous years data on its internet website.(B) Commencing December 31, 2023, each regional center shall post its data uniformly with all other regional centers, using the same criteria, format, and organization.(2) Notwithstanding the requirement pursuant to paragraph (1), if the information required to be posted pursuant to this section is produced and posted by the department for each regional center, each regional center instead may link to that information from its internet website.(d) By March 31, 2013, the department shall post the information described in this section on a statewide basis on its internet website. Commencing December 31, 2013, the department shall annually post this information by December 31. The department shall maintain all previous years data on its internet website. The department shall also post notice of any regional center stakeholder meetings on its internet website.(e) In addition to maintaining hyperlinks to each regional centers reports on its internet website, commencing December 1, 2024, the department shall also post the data compiled pursuant to subdivisions (a) and (b), and the data compiled pursuant to Section 4519.6, in the same uniform manner as reported by the regional centers, as follows:(1) On a statewide aggregate basis.(2) On an aggregate basis according to particular geographical areas, as determined by the department in consultation with stakeholders.(3) The department shall provide trend analysis on the changes observed in data over time, including increasing and decreasing utilization of services by any of the characteristics cited in subdivision (a).(f) After December 1, 2024, the department and regional centers shall post information required to be posted pursuant to this section in machine-readable format.(g) Within three months of compiling the data with the department, and annually thereafter, each regional center shall meet with stakeholders in one or more public meetings regarding the data. The meeting or meetings shall be held separately from any meetings held pursuant to Section 4660. The regional center shall provide participants of these meetings with the data and any associated information related to improvements in the provision of developmental services to underserved communities and shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that community, including providing alternative communication services, as required by Sections 11135 to 11139.7, 11139, inclusive, of the Government Code and implementing regulations. Regional centers shall inform the department of the scheduling of those public meetings 30 days prior to the meeting. Notice of the meetings shall also be posted on the regional centers internet website 30 days prior to the meeting and shall be sent to individual stakeholders and groups representing underserved communities in a timely manner. Each regional center shall, in holding the meetings required by this subdivision, consider the language needs of the community and shall schedule the meetings at times and locations designed to result in a high turnout by the public and underserved communities.(h) (1) Consistent with subdivision (h) of Section 4648, regional centers shall annually provide each individual with their purchase of services data and any associated information related to improvements in the provision of developmental services to them. If requested, regional centers shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that individual, including providing alternative communication services, as required by Sections 11135 to 11139.7, 11139, inclusive, of the Government Code and implementing regulations.(2) When implemented in the statewide case management system, the information described in paragraph (1) shall be available to individuals through the consumer portal. If requested, regional centers shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that individual, including providing alternative communication services, as required by Sections 11135 to 11139.7, 11139, inclusive, of the Government Code and implementing regulations.(i) (1) Each regional center shall annually report to the department regarding its implementation of the requirements of this section. The report shall include, but shall not be limited to, all of the following:(A) Actions the regional center took to improve public attendance and participation at stakeholder meetings, including, but not limited to, attendance and participation by underserved communities.(B) Copies of minutes from the meeting and attendee comments.(C) Whether the data described in this section, including data deidentified pursuant to subdivision (m) of this section, indicate a need to reduce disparities in the purchase of services among consumers in the regional centers catchment area. If the data do indicate that need, the regional centers recommendations and plan to promote equity, and reduce disparities, in the purchase of services.(2) Each regional center and the department shall annually post the reports required by paragraph (1) on its internet website by August 31.(j) (1) The department shall, on a twice-a-year basis, consult with stakeholders, including consumers and families that reflect the ethnic and language diversity of regional center consumers, regional centers, advocates, providers, family resource centers, the protection and advocacy agency described in Section 4901, and those entities designated as University Centers for Excellence in Developmental Disabilities Education, Research, and Service pursuant to Section 15061 of Title 42 of the United States Code, to achieve the following objectives:(A) Review the data compiled pursuant to subdivisions (a) and (b).(B) Identify barriers to equitable access to services and supports among consumers, including consumers whose purchase of services data have been deidentified pursuant to subdivision (m), and develop recommendations to help reduce disparities in purchase of service expenditures.(C) Identify gaps in, and encourage the development and expansion of, culturally appropriate services, service delivery, and service coordination.(D) Identify best practices to reduce disparity and promote equity.(E) Maximize transparency whenever possible, including aggregation by region or display as percentages, as necessary.(2) The department shall notify the Legislature when information is posted on its internet website pursuant to this section.(k) (1) Subject to available funding, the department shall allocate funding to regional centers or community-based organizations with department oversight to assist with implementation of the recommendations and plans developed pursuant to subdivisions (i) and (j). Activities funded through these allocations may include, but are not limited to, pay differentials supporting direct care bilingual staff of community-based service providers, parent or caregiver education programs, cultural competency training for regional center staff, outreach to underserved populations, or additional culturally appropriate service types or service delivery models.(2) Each regional center shall consult with stakeholders regarding activities that may be effective in addressing disparities in the receipt of regional center services and the regional centers proposed requests for the funding specified in paragraph (1). Each regional center shall identify the stakeholders it consulted with, including groups whose purchase of services data have been deidentified, and include information on how it incorporated the input of stakeholders into its requests.(3) A community-based organization may submit a request for grant funding pursuant to this subdivision. In order to protect confidential data, the department or a regional center may waive a grant application requirement to provide data supporting that application, if that data would be subject to deidentification pursuant to applicable federal or state privacy laws. The organization shall submit the request concurrently to the regional center of the jurisdiction in which the organization is located and to the department. The regional center shall provide the department with input regarding the request prior to the departments final determination on the request.(4) The department shall review requests for funding within 45 days from the deadline specified in the departments guidance to regional centers and community-based organizations.(5) Each regional center and community-based organization receiving funding shall report annually to the department, in a manner determined by the department, on how the funding allocations were used and shall include recommendations of priorities for activities that may be effective in addressing disparities, based on the consultation with stakeholders.(6) The department shall post the following information on its internet website:(A) By September 1 of any year in which grant funding is available and has not been allocated, a structure for the grant program, including all of the following information:(i) How community-based organizations reflecting groups that are disadvantaged by disparities in the purchase of services will be invited to participate in the grant program, including groups whose purchase of services data have been deidentified.(ii) How statewide strategies were considered.(iii) How the department will ensure grant funds are not used for activities that regional centers are otherwise required by statute or regulation to conduct.(iv) How funded activities will be evaluated.(v) How community-based organizations reflecting groups that are impacted by disparities can receive a waiver for the submission of data supporting that application, if that data would be subject to deidentification pursuant to applicable federal or state privacy laws.(B) By October 1 of any year in which grant funding is available and has not been allocated, the final invitation for requests for funding or another mechanism through which requests for funding are solicited.(C) By January 1 of any year in which grant funding has been allocated, a list of grant recipients, funding level per grant, and a description of the funded project.(D) By May 1 of any year in which the information is available, evaluation results from prior grants. To ensure the department complies with this subparagraph, regional centers and community-based organizations receiving funding shall provide the department, by March 1 of the same year, with an evaluation of funded activities and the effectiveness of those activities in reducing disparities in the purchase of services, to the extent information is available. The provision of data by community-based organizations reflecting groups that are impacted by disparities whose purchase of services data otherwise would have to be deidentified pursuant to applicable federal or state privacy laws may be waived for the purpose of reporting grant outcomes pursuant to this subdivision.(l) On or before December 31, 2021, the department shall contract with an entity or entities with demonstrated experience in quantitative and qualitative data evaluation to design and conduct an independent evaluation of the efforts to promote equity and reduce disparities pursuant to subdivision (k).(m) (1) The data compiled pursuant to subdivisions (a) and (b) shall be deidentified in accordance with Section 164.514 of Title 45 of the Code of Federal Regulations or with updated regulations regarding the deidentification of data in accordance with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) prior to that data being disclosed publicly to third parties, including, but not limited to, stakeholders, or posted on internet websites.(2) The department shall deidentify purchase of services data pertaining to any regional center in a manner that maximizes transparency. |
|---|
| 159 | | - | |
|---|
| 160 | | - | |
|---|
| 161 | | - | |
|---|
| 162 | | - | 4519.5. (a) The department and the regional centers shall annually collaborate to compile and report, consistent with applicable federal and state privacy laws, data, including deidentified data in accordance with subdivision (m), in a uniform manner relating to purchase of service authorization, utilization, and expenditure expenditure, denials of services, and notices of action by each regional center with respect to all of the following: |
|---|
| 163 | | - | |
|---|
| 164 | | - | (1) The age of the consumer, categorized by the following: |
|---|
| 165 | | - | |
|---|
| 166 | | - | (A) Birth to two years of age, inclusive. |
|---|
| 167 | | - | |
|---|
| 168 | | - | (B) Three to 21 years of age, inclusive. |
|---|
| 169 | | - | |
|---|
| 170 | | - | (C) Twenty-two years of age and older. |
|---|
| 171 | | - | |
|---|
| 172 | | - | (2) Race or ethnicity of the consumer. |
|---|
| 173 | | - | |
|---|
| 174 | | - | (3) Preferred language spoken by the consumer, and other related details, as feasible. |
|---|
| 175 | | - | |
|---|
| 176 | | - | (4) Disability detail, in accordance with the categories established by subdivision (a) of Section 4512, and, if applicable, a category specifying that the disability is unknown. |
|---|
| 177 | | - | |
|---|
| 178 | | - | (5) Residence type, subcategorized by age, race or ethnicity, and preferred language. |
|---|
| 179 | | - | |
|---|
| 180 | | - | (6) Number of instances when the written copy of the individual program plan was provided at the request of the consumer and, when appropriate, the consumers parents, legal guardian or conservator, or authorized representative, in a language other than a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations, if that written copy was provided more than 60 days after the request. |
|---|
| 181 | | - | |
|---|
| 182 | | - | (7) Number of instances when the written copy of the individual program plan was provided at the request of the consumer and, when appropriate, the consumers parents, legal guardian or conservator, or authorized representative, in a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations, if that written copy was provided more than 45 days after the request, in violation of paragraph (5) of subdivision (a) of Section 4646.5. |
|---|
| 183 | | - | |
|---|
| 184 | | - | (8) Beginning with data for the fiscal year of 202324, the numbers, percentages, and total and per capita expenditure and authorization amounts, by age, as applicable, according to race or ethnicity and preferred language, for all combined residence types and for consumers living in the family home, regarding the following service types: |
|---|
| 185 | | - | |
|---|
| 186 | | - | (A) Camping and associated travel expenses. |
|---|
| 187 | | - | |
|---|
| 188 | | - | (B) Social recreation activities. |
|---|
| 189 | | - | |
|---|
| 190 | | - | (C) Educational services. |
|---|
| 191 | | - | |
|---|
| 192 | | - | (D) Nonmedical therapies, including, but not limited to, specialized recreation, art, dance, and music. |
|---|
| 193 | | - | |
|---|
| 194 | | - | (b) The data reported pursuant to subdivision (a) shall also include the number and percentage of individuals, categorized by age, race or ethnicity, and disability, and by residence type, as set forth in paragraph (5) of subdivision (a), who have been determined to be eligible for regional center services, but are not receiving purchase of service funds. |
|---|
| 195 | | - | |
|---|
| 196 | | - | (c) (1) (A) By March 31, 2013, each regional center shall post the data described in this section that are specific to the regional center on its internet website. Commencing on December 31, 2013, each regional center shall annually post these data by December 31. Each regional center shall maintain all previous years data on its internet website. |
|---|
| 197 | | - | |
|---|
| 198 | | - | (B) Commencing December 31, 2023, each regional center shall post its data uniformly with all other regional centers, using the same criteria, format, and organization. |
|---|
| 199 | | - | |
|---|
| 200 | | - | (2) Notwithstanding the requirement pursuant to paragraph (1), if the information required to be posted pursuant to this section is produced and posted by the department for each regional center, each regional center instead may link to that information from its internet website. |
|---|
| 201 | | - | |
|---|
| 202 | | - | (d) By March 31, 2013, the department shall post the information described in this section on a statewide basis on its internet website. Commencing December 31, 2013, the department shall annually post this information by December 31. The department shall maintain all previous years data on its internet website. The department shall also post notice of any regional center stakeholder meetings on its internet website. |
|---|
| 203 | | - | |
|---|
| 204 | | - | (e) In addition to maintaining hyperlinks to each regional centers reports on its internet website, commencing December 1, 2024, the department shall also post the data compiled pursuant to subdivisions (a) and (b), and the data compiled pursuant to Section 4519.6, in the same uniform manner as reported by the regional centers, as follows: |
|---|
| 205 | | - | |
|---|
| 206 | | - | (1) On a statewide aggregate basis. |
|---|
| 207 | | - | |
|---|
| 208 | | - | (2) On an aggregate basis according to particular geographical areas, as determined by the department in consultation with stakeholders. |
|---|
| 209 | | - | |
|---|
| 210 | | - | (3) The department shall provide trend analysis on the changes observed in data over time, including increasing and decreasing utilization of services by any of the characteristics cited in subdivision (a). |
|---|
| 211 | | - | |
|---|
| 212 | | - | (f) After December 1, 2024, the department and regional centers shall post information required to be posted pursuant to this section in machine-readable format. |
|---|
| 213 | | - | |
|---|
| 214 | | - | (g) Within three months of compiling the data with the department, and annually thereafter, each regional center shall meet with stakeholders in one or more public meetings regarding the data. The meeting or meetings shall be held separately from any meetings held pursuant to Section 4660. The regional center shall provide participants of these meetings with the data and any associated information related to improvements in the provision of developmental services to underserved communities and shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that community, including providing alternative communication services, as required by Sections 11135 to 11139.7, 11139, inclusive, of the Government Code and implementing regulations. Regional centers shall inform the department of the scheduling of those public meetings 30 days prior to the meeting. Notice of the meetings shall also be posted on the regional centers internet website 30 days prior to the meeting and shall be sent to individual stakeholders and groups representing underserved communities in a timely manner. Each regional center shall, in holding the meetings required by this subdivision, consider the language needs of the community and shall schedule the meetings at times and locations designed to result in a high turnout by the public and underserved communities. |
|---|
| 215 | | - | |
|---|
| 216 | | - | (h) (1) Consistent with subdivision (h) of Section 4648, regional centers shall annually provide each individual with their purchase of services data and any associated information related to improvements in the provision of developmental services to them. If requested, regional centers shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that individual, including providing alternative communication services, as required by Sections 11135 to 11139.7, 11139, inclusive, of the Government Code and implementing regulations. |
|---|
| 217 | | - | |
|---|
| 218 | | - | (2) When implemented in the statewide case management system, the information described in paragraph (1) shall be available to individuals through the consumer portal. If requested, regional centers shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that individual, including providing alternative communication services, as required by Sections 11135 to 11139.7, 11139, inclusive, of the Government Code and implementing regulations. |
|---|
| 219 | | - | |
|---|
| 220 | | - | (i) (1) Each regional center shall annually report to the department regarding its implementation of the requirements of this section. The report shall include, but shall not be limited to, all of the following: |
|---|
| 221 | | - | |
|---|
| 222 | | - | (A) Actions the regional center took to improve public attendance and participation at stakeholder meetings, including, but not limited to, attendance and participation by underserved communities. |
|---|
| 223 | | - | |
|---|
| 224 | | - | (B) Copies of minutes from the meeting and attendee comments. |
|---|
| 225 | | - | |
|---|
| 226 | | - | (C) Whether the data described in this section, including data deidentified pursuant to subdivision (m) of this section, indicate a need to reduce disparities in the purchase of services among consumers in the regional centers catchment area. If the data do indicate that need, the regional centers recommendations and plan to promote equity, and reduce disparities, in the purchase of services. |
|---|
| 227 | | - | |
|---|
| 228 | | - | (2) Each regional center and the department shall annually post the reports required by paragraph (1) on its internet website by August 31. |
|---|
| 229 | | - | |
|---|
| 230 | | - | (j) (1) The department shall, on a twice-a-year basis, consult with stakeholders, including consumers and families that reflect the ethnic and language diversity of regional center consumers, regional centers, advocates, providers, family resource centers, the protection and advocacy agency described in Section 4901, and those entities designated as University Centers for Excellence in Developmental Disabilities Education, Research, and Service pursuant to Section 15061 of Title 42 of the United States Code, to achieve the following objectives: |
|---|
| 231 | | - | |
|---|
| 232 | | - | (A) Review the data compiled pursuant to subdivisions (a) and (b). |
|---|
| 233 | | - | |
|---|
| 234 | | - | (B) Identify barriers to equitable access to services and supports among consumers, including consumers whose purchase of services data have been deidentified pursuant to subdivision (m), and develop recommendations to help reduce disparities in purchase of service expenditures. |
|---|
| 235 | | - | |
|---|
| 236 | | - | (C) Identify gaps in, and encourage the development and expansion of, culturally appropriate services, service delivery, and service coordination. |
|---|
| 237 | | - | |
|---|
| 238 | | - | (D) Identify best practices to reduce disparity and promote equity. |
|---|
| 239 | | - | |
|---|
| 240 | | - | (E) Maximize transparency whenever possible, including aggregation by region or display as percentages, as necessary. |
|---|
| 241 | | - | |
|---|
| 242 | | - | (2) The department shall notify the Legislature when information is posted on its internet website pursuant to this section. |
|---|
| 243 | | - | |
|---|
| 244 | | - | (k) (1) Subject to available funding, the department shall allocate funding to regional centers or community-based organizations with department oversight to assist with implementation of the recommendations and plans developed pursuant to subdivisions (i) and (j). Activities funded through these allocations may include, but are not limited to, pay differentials supporting direct care bilingual staff of community-based service providers, parent or caregiver education programs, cultural competency training for regional center staff, outreach to underserved populations, or additional culturally appropriate service types or service delivery models. |
|---|
| 245 | | - | |
|---|
| 246 | | - | (2) Each regional center shall consult with stakeholders regarding activities that may be effective in addressing disparities in the receipt of regional center services and the regional centers proposed requests for the funding specified in paragraph (1). Each regional center shall identify the stakeholders it consulted with, including groups whose purchase of services data have been deidentified, and include information on how it incorporated the input of stakeholders into its requests. |
|---|
| 247 | | - | |
|---|
| 248 | | - | (3) A community-based organization may submit a request for grant funding pursuant to this subdivision. In order to protect confidential data, the department or a regional center may waive a grant application requirement to provide data supporting that application, if that data would be subject to deidentification pursuant to applicable federal or state privacy laws. The organization shall submit the request concurrently to the regional center of the jurisdiction in which the organization is located and to the department. The regional center shall provide the department with input regarding the request prior to the departments final determination on the request. |
|---|
| 249 | | - | |
|---|
| 250 | | - | (4) The department shall review requests for funding within 45 days from the deadline specified in the departments guidance to regional centers and community-based organizations. |
|---|
| 251 | | - | |
|---|
| 252 | | - | (5) Each regional center and community-based organization receiving funding shall report annually to the department, in a manner determined by the department, on how the funding allocations were used and shall include recommendations of priorities for activities that may be effective in addressing disparities, based on the consultation with stakeholders. |
|---|
| 253 | | - | |
|---|
| 254 | | - | (6) The department shall post the following information on its internet website: |
|---|
| 255 | | - | |
|---|
| 256 | | - | (A) By September 1 of any year in which grant funding is available and has not been allocated, a structure for the grant program, including all of the following information: |
|---|
| 257 | | - | |
|---|
| 258 | | - | (i) How community-based organizations reflecting groups that are disadvantaged by disparities in the purchase of services will be invited to participate in the grant program, including groups whose purchase of services data have been deidentified. |
|---|
| 259 | | - | |
|---|
| 260 | | - | (ii) How statewide strategies were considered. |
|---|
| 261 | | - | |
|---|
| 262 | | - | (iii) How the department will ensure grant funds are not used for activities that regional centers are otherwise required by statute or regulation to conduct. |
|---|
| 263 | | - | |
|---|
| 264 | | - | (iv) How funded activities will be evaluated. |
|---|
| 265 | | - | |
|---|
| 266 | | - | (v) How community-based organizations reflecting groups that are impacted by disparities can receive a waiver for the submission of data supporting that application, if that data would be subject to deidentification pursuant to applicable federal or state privacy laws. |
|---|
| 267 | | - | |
|---|
| 268 | | - | (B) By October 1 of any year in which grant funding is available and has not been allocated, the final invitation for requests for funding or another mechanism through which requests for funding are solicited. |
|---|
| 269 | | - | |
|---|
| 270 | | - | (C) By January 1 of any year in which grant funding has been allocated, a list of grant recipients, funding level per grant, and a description of the funded project. |
|---|
| 271 | | - | |
|---|
| 272 | | - | (D) By May 1 of any year in which the information is available, evaluation results from prior grants. To ensure the department complies with this subparagraph, regional centers and community-based organizations receiving funding shall provide the department, by March 1 of the same year, with an evaluation of funded activities and the effectiveness of those activities in reducing disparities in the purchase of services, to the extent information is available. The provision of data by community-based organizations reflecting groups that are impacted by disparities whose purchase of services data otherwise would have to be deidentified pursuant to applicable federal or state privacy laws may be waived for the purpose of reporting grant outcomes pursuant to this subdivision. |
|---|
| 273 | | - | |
|---|
| 274 | | - | (l) On or before December 31, 2021, the department shall contract with an entity or entities with demonstrated experience in quantitative and qualitative data evaluation to design and conduct an independent evaluation of the efforts to promote equity and reduce disparities pursuant to subdivision (k). |
|---|
| 275 | | - | |
|---|
| 276 | | - | (m) (1) The data compiled pursuant to subdivisions (a) and (b) shall be deidentified in accordance with Section 164.514 of Title 45 of the Code of Federal Regulations or with updated regulations regarding the deidentification of data in accordance with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) prior to that data being disclosed publicly to third parties, including, but not limited to, stakeholders, or posted on internet websites. |
|---|
| 277 | | - | |
|---|
| 278 | | - | (2) The department shall deidentify purchase of services data pertaining to any regional center in a manner that maximizes transparency. |
|---|
| 279 | | - | |
|---|
| 280 | | - | SEC. 4. Section 4646 of the Welfare and Institutions Code is amended to read:4646. (a) It is the intent of the Legislature that the individual program plan and provision of services and supports by the regional center system is centered on the individual and the family of the individual with developmental disabilities and takes into account the needs and preferences of the individual and the family, if appropriate. It is further the intent of the Legislature that the individual program plan be developed using a person-centered approach that reflects the needs and preferences of the consumer, and, as appropriate, their family. The services and supports provided by the regional center should assist each consumer in achieving their personal outcomes and life goals and promote inclusion in their community. It is the further intent of the Legislature to ensure that the provision of services to consumers and their families be effective in meeting the goals stated in the individual program plan, reflect the preferences and choices of the consumer, and reflect the cost-effective use of public resources.(b) The individual program plan is developed through a process of individualized needs determination. The individual with developmental disabilities and, if appropriate, the individuals parents, legal guardian or conservator, or authorized representative, shall have the opportunity to actively participate in the development of the plan.(c) An individual program plan shall be developed for any person who, following intake and assessment, is found to be eligible for regional center services. These plans shall be completed within 60 days of the completion of the assessment. At the time of intake, the regional center shall inform the consumer and, if appropriate, the consumers parents, legal guardian or conservator, or authorized representative, of the services available through the state council and the protection and advocacy agency designated by the Governor pursuant to federal law, and shall provide the address and telephone numbers of those agencies.(d) Individual program plans shall be prepared jointly by the planning team. Decisions concerning the consumers goals, objectives, and services and supports that will be included in the consumers individual program plan and purchased by the regional center or obtained from generic agencies shall be made by agreement between the regional center representative and the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative at the program plan meeting.(e) Regional centers shall comply with the request of a consumer or, if appropriate, the request of the consumers parents, legal guardian, conservator, or authorized representative, that a designated representative receive written notice of all meetings to develop or revise the individual program plan and of all notices sent to the consumer pursuant to Section 4710. The designated representative may be a parent or family member.(f) (1) Notwithstanding any other law, a meeting regarding the provision of services and supports by the regional center, including a meeting to develop or revise the individual program plan, shall be held by remote electronic communications if requested by the consumer or, if appropriate, if requested by the consumers parents, legal guardian, conservator, or authorized representative.(2) (A) If the regional center has not held an in-person individual program plan meeting or completed any other in-person meeting or visit with the consumer in the previous 12 months, the regional center shall hold an in-person individual program plan meeting or other meeting or visit at a location and at a time that is convenient for, and reflects the preference of, the consumer, and, as appropriate, their parent, legal guardian, conservator, or authorized representative. This requirement on the part of the regional center shall not impede, delay, or prevent the timely development or revision of an individual program plan, or the timely authorization or receipt of services and supports.(B) The in-person meeting requirement established in this paragraph shall remain in effect pending the departments review, in coordination with stakeholders, of implementation of this subdivision, as amended by the act that added this paragraph. The review shall include the development of recommendations that may include, but not be limited to, whether and to what extent the in-person requirements are effective in assisting the consumer in meeting the goals stated in the individual program plan, in positively facilitating and improving service access and equity, and in helping to build relationships between service coordinators and parents, legal guardians, conservators, or authorized representatives. The department shall, after consulting with and receiving input from stakeholders, provide an update to the Legislature on the status of the review no later than January 10, 2026 2026, and shall provide, with any additional consultation and documented input from stakeholders, the completed review to the Legislature no later than May 14, 2026.(g) At the conclusion of an individual program plan meeting, an authorized representative of the regional center shall provide to the consumer, in written or electronic format, a list of the agreed-upon services and supports, and, if known, the projected start date, the frequency and duration of the services and supports, and the provider. The authorized representative of the regional center shall sign the list of agreed-upon services and supports at that time. The consumer, or if appropriate, the consumers parent, legal guardian, conservator, or authorized representative shall sign the list of agreed-upon services and supports prior to its implementation. The consumer, or if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, may elect to delay receipt of the list of agreed-upon services and supports pending final agreement, as described in subdivision (h). If the consumer, or if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, elects to delay the receipt of the list of agreed-upon services and supports for 15 days, the list shall be provided in the preferred language of the consumer, or of the consumers parent, legal guardian, or authorized representative.(h) If a final agreement regarding the services and supports to be provided to the consumer cannot be reached at a program plan meeting, then a subsequent program plan meeting shall be convened within 15 days, or later at the request of the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative or if agreed to by the planning team. The list of the agreed-upon services and supports described in subdivision (g) and signed by the authorized representative of the regional center shall be provided, in writing or electronically, at the conclusion of the subsequent program plan meeting, and shall be provided in the preferred language of the consumer, or of the consumers parent, legal guardian, conservator, or authorized representative. Additional program plan meetings may be held with the agreement of the regional center representative and the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative.(i) An authorized representative of the regional center and the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative shall sign the individual program plan and the list of the agreed-upon services and supports prior to its implementation. If the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, does not agree with all components of the individual program plan, the consumer may indicate that disagreement on the plan. Disagreement with specific plan components shall not prohibit the implementation of services and supports agreed to by the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative. If the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, does not agree with the plan in whole or in part, the consumer shall be sent written notice of their appeal rights, as required by Sections 4701 and 4710.(j) (1) A regional center shall communicate in the consumers preferred language, or, if appropriate, the preferred language of the consumers family, legal guardian, conservator, or authorized representative, during the planning process for the individual program plan, including during the program plan meeting, and including providing alternative communication services, as required by Sections 11135 to 11139, inclusive, of the Government Code and implementing regulations.(2) A regional center shall provide alternative communication services, including providing copies of the list of services and supports, and the individual program plan in the preferred language of the consumer or the consumers family, legal guardian, conservator, or authorized representative, or both, as required by Sections 11135 to 11139, inclusive, of the Government Code and implementing regulations.(3) The preferred language of the consumer or the consumers family, legal guardian, conservator, or authorized representative, or both, shall be documented in the individual program plan.(k) A regional center shall document in each consumers individual program plan all of the consumers denials of services, notices of actions, and appeals. |
|---|
| 281 | | - | |
|---|
| 282 | | - | SEC. 4. Section 4646 of the Welfare and Institutions Code is amended to read: |
|---|
| 283 | | - | |
|---|
| 284 | | - | ### SEC. 4. |
|---|
| 285 | | - | |
|---|
| 286 | | - | 4646. (a) It is the intent of the Legislature that the individual program plan and provision of services and supports by the regional center system is centered on the individual and the family of the individual with developmental disabilities and takes into account the needs and preferences of the individual and the family, if appropriate. It is further the intent of the Legislature that the individual program plan be developed using a person-centered approach that reflects the needs and preferences of the consumer, and, as appropriate, their family. The services and supports provided by the regional center should assist each consumer in achieving their personal outcomes and life goals and promote inclusion in their community. It is the further intent of the Legislature to ensure that the provision of services to consumers and their families be effective in meeting the goals stated in the individual program plan, reflect the preferences and choices of the consumer, and reflect the cost-effective use of public resources.(b) The individual program plan is developed through a process of individualized needs determination. The individual with developmental disabilities and, if appropriate, the individuals parents, legal guardian or conservator, or authorized representative, shall have the opportunity to actively participate in the development of the plan.(c) An individual program plan shall be developed for any person who, following intake and assessment, is found to be eligible for regional center services. These plans shall be completed within 60 days of the completion of the assessment. At the time of intake, the regional center shall inform the consumer and, if appropriate, the consumers parents, legal guardian or conservator, or authorized representative, of the services available through the state council and the protection and advocacy agency designated by the Governor pursuant to federal law, and shall provide the address and telephone numbers of those agencies.(d) Individual program plans shall be prepared jointly by the planning team. Decisions concerning the consumers goals, objectives, and services and supports that will be included in the consumers individual program plan and purchased by the regional center or obtained from generic agencies shall be made by agreement between the regional center representative and the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative at the program plan meeting.(e) Regional centers shall comply with the request of a consumer or, if appropriate, the request of the consumers parents, legal guardian, conservator, or authorized representative, that a designated representative receive written notice of all meetings to develop or revise the individual program plan and of all notices sent to the consumer pursuant to Section 4710. The designated representative may be a parent or family member.(f) (1) Notwithstanding any other law, a meeting regarding the provision of services and supports by the regional center, including a meeting to develop or revise the individual program plan, shall be held by remote electronic communications if requested by the consumer or, if appropriate, if requested by the consumers parents, legal guardian, conservator, or authorized representative.(2) (A) If the regional center has not held an in-person individual program plan meeting or completed any other in-person meeting or visit with the consumer in the previous 12 months, the regional center shall hold an in-person individual program plan meeting or other meeting or visit at a location and at a time that is convenient for, and reflects the preference of, the consumer, and, as appropriate, their parent, legal guardian, conservator, or authorized representative. This requirement on the part of the regional center shall not impede, delay, or prevent the timely development or revision of an individual program plan, or the timely authorization or receipt of services and supports.(B) The in-person meeting requirement established in this paragraph shall remain in effect pending the departments review, in coordination with stakeholders, of implementation of this subdivision, as amended by the act that added this paragraph. The review shall include the development of recommendations that may include, but not be limited to, whether and to what extent the in-person requirements are effective in assisting the consumer in meeting the goals stated in the individual program plan, in positively facilitating and improving service access and equity, and in helping to build relationships between service coordinators and parents, legal guardians, conservators, or authorized representatives. The department shall, after consulting with and receiving input from stakeholders, provide an update to the Legislature on the status of the review no later than January 10, 2026 2026, and shall provide, with any additional consultation and documented input from stakeholders, the completed review to the Legislature no later than May 14, 2026.(g) At the conclusion of an individual program plan meeting, an authorized representative of the regional center shall provide to the consumer, in written or electronic format, a list of the agreed-upon services and supports, and, if known, the projected start date, the frequency and duration of the services and supports, and the provider. The authorized representative of the regional center shall sign the list of agreed-upon services and supports at that time. The consumer, or if appropriate, the consumers parent, legal guardian, conservator, or authorized representative shall sign the list of agreed-upon services and supports prior to its implementation. The consumer, or if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, may elect to delay receipt of the list of agreed-upon services and supports pending final agreement, as described in subdivision (h). If the consumer, or if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, elects to delay the receipt of the list of agreed-upon services and supports for 15 days, the list shall be provided in the preferred language of the consumer, or of the consumers parent, legal guardian, or authorized representative.(h) If a final agreement regarding the services and supports to be provided to the consumer cannot be reached at a program plan meeting, then a subsequent program plan meeting shall be convened within 15 days, or later at the request of the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative or if agreed to by the planning team. The list of the agreed-upon services and supports described in subdivision (g) and signed by the authorized representative of the regional center shall be provided, in writing or electronically, at the conclusion of the subsequent program plan meeting, and shall be provided in the preferred language of the consumer, or of the consumers parent, legal guardian, conservator, or authorized representative. Additional program plan meetings may be held with the agreement of the regional center representative and the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative.(i) An authorized representative of the regional center and the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative shall sign the individual program plan and the list of the agreed-upon services and supports prior to its implementation. If the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, does not agree with all components of the individual program plan, the consumer may indicate that disagreement on the plan. Disagreement with specific plan components shall not prohibit the implementation of services and supports agreed to by the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative. If the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, does not agree with the plan in whole or in part, the consumer shall be sent written notice of their appeal rights, as required by Sections 4701 and 4710.(j) (1) A regional center shall communicate in the consumers preferred language, or, if appropriate, the preferred language of the consumers family, legal guardian, conservator, or authorized representative, during the planning process for the individual program plan, including during the program plan meeting, and including providing alternative communication services, as required by Sections 11135 to 11139, inclusive, of the Government Code and implementing regulations.(2) A regional center shall provide alternative communication services, including providing copies of the list of services and supports, and the individual program plan in the preferred language of the consumer or the consumers family, legal guardian, conservator, or authorized representative, or both, as required by Sections 11135 to 11139, inclusive, of the Government Code and implementing regulations.(3) The preferred language of the consumer or the consumers family, legal guardian, conservator, or authorized representative, or both, shall be documented in the individual program plan.(k) A regional center shall document in each consumers individual program plan all of the consumers denials of services, notices of actions, and appeals. |
|---|
| 287 | | - | |
|---|
| 288 | | - | 4646. (a) It is the intent of the Legislature that the individual program plan and provision of services and supports by the regional center system is centered on the individual and the family of the individual with developmental disabilities and takes into account the needs and preferences of the individual and the family, if appropriate. It is further the intent of the Legislature that the individual program plan be developed using a person-centered approach that reflects the needs and preferences of the consumer, and, as appropriate, their family. The services and supports provided by the regional center should assist each consumer in achieving their personal outcomes and life goals and promote inclusion in their community. It is the further intent of the Legislature to ensure that the provision of services to consumers and their families be effective in meeting the goals stated in the individual program plan, reflect the preferences and choices of the consumer, and reflect the cost-effective use of public resources.(b) The individual program plan is developed through a process of individualized needs determination. The individual with developmental disabilities and, if appropriate, the individuals parents, legal guardian or conservator, or authorized representative, shall have the opportunity to actively participate in the development of the plan.(c) An individual program plan shall be developed for any person who, following intake and assessment, is found to be eligible for regional center services. These plans shall be completed within 60 days of the completion of the assessment. At the time of intake, the regional center shall inform the consumer and, if appropriate, the consumers parents, legal guardian or conservator, or authorized representative, of the services available through the state council and the protection and advocacy agency designated by the Governor pursuant to federal law, and shall provide the address and telephone numbers of those agencies.(d) Individual program plans shall be prepared jointly by the planning team. Decisions concerning the consumers goals, objectives, and services and supports that will be included in the consumers individual program plan and purchased by the regional center or obtained from generic agencies shall be made by agreement between the regional center representative and the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative at the program plan meeting.(e) Regional centers shall comply with the request of a consumer or, if appropriate, the request of the consumers parents, legal guardian, conservator, or authorized representative, that a designated representative receive written notice of all meetings to develop or revise the individual program plan and of all notices sent to the consumer pursuant to Section 4710. The designated representative may be a parent or family member.(f) (1) Notwithstanding any other law, a meeting regarding the provision of services and supports by the regional center, including a meeting to develop or revise the individual program plan, shall be held by remote electronic communications if requested by the consumer or, if appropriate, if requested by the consumers parents, legal guardian, conservator, or authorized representative.(2) (A) If the regional center has not held an in-person individual program plan meeting or completed any other in-person meeting or visit with the consumer in the previous 12 months, the regional center shall hold an in-person individual program plan meeting or other meeting or visit at a location and at a time that is convenient for, and reflects the preference of, the consumer, and, as appropriate, their parent, legal guardian, conservator, or authorized representative. This requirement on the part of the regional center shall not impede, delay, or prevent the timely development or revision of an individual program plan, or the timely authorization or receipt of services and supports.(B) The in-person meeting requirement established in this paragraph shall remain in effect pending the departments review, in coordination with stakeholders, of implementation of this subdivision, as amended by the act that added this paragraph. The review shall include the development of recommendations that may include, but not be limited to, whether and to what extent the in-person requirements are effective in assisting the consumer in meeting the goals stated in the individual program plan, in positively facilitating and improving service access and equity, and in helping to build relationships between service coordinators and parents, legal guardians, conservators, or authorized representatives. The department shall, after consulting with and receiving input from stakeholders, provide an update to the Legislature on the status of the review no later than January 10, 2026 2026, and shall provide, with any additional consultation and documented input from stakeholders, the completed review to the Legislature no later than May 14, 2026.(g) At the conclusion of an individual program plan meeting, an authorized representative of the regional center shall provide to the consumer, in written or electronic format, a list of the agreed-upon services and supports, and, if known, the projected start date, the frequency and duration of the services and supports, and the provider. The authorized representative of the regional center shall sign the list of agreed-upon services and supports at that time. The consumer, or if appropriate, the consumers parent, legal guardian, conservator, or authorized representative shall sign the list of agreed-upon services and supports prior to its implementation. The consumer, or if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, may elect to delay receipt of the list of agreed-upon services and supports pending final agreement, as described in subdivision (h). If the consumer, or if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, elects to delay the receipt of the list of agreed-upon services and supports for 15 days, the list shall be provided in the preferred language of the consumer, or of the consumers parent, legal guardian, or authorized representative.(h) If a final agreement regarding the services and supports to be provided to the consumer cannot be reached at a program plan meeting, then a subsequent program plan meeting shall be convened within 15 days, or later at the request of the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative or if agreed to by the planning team. The list of the agreed-upon services and supports described in subdivision (g) and signed by the authorized representative of the regional center shall be provided, in writing or electronically, at the conclusion of the subsequent program plan meeting, and shall be provided in the preferred language of the consumer, or of the consumers parent, legal guardian, conservator, or authorized representative. Additional program plan meetings may be held with the agreement of the regional center representative and the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative.(i) An authorized representative of the regional center and the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative shall sign the individual program plan and the list of the agreed-upon services and supports prior to its implementation. If the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, does not agree with all components of the individual program plan, the consumer may indicate that disagreement on the plan. Disagreement with specific plan components shall not prohibit the implementation of services and supports agreed to by the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative. If the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, does not agree with the plan in whole or in part, the consumer shall be sent written notice of their appeal rights, as required by Sections 4701 and 4710.(j) (1) A regional center shall communicate in the consumers preferred language, or, if appropriate, the preferred language of the consumers family, legal guardian, conservator, or authorized representative, during the planning process for the individual program plan, including during the program plan meeting, and including providing alternative communication services, as required by Sections 11135 to 11139, inclusive, of the Government Code and implementing regulations.(2) A regional center shall provide alternative communication services, including providing copies of the list of services and supports, and the individual program plan in the preferred language of the consumer or the consumers family, legal guardian, conservator, or authorized representative, or both, as required by Sections 11135 to 11139, inclusive, of the Government Code and implementing regulations.(3) The preferred language of the consumer or the consumers family, legal guardian, conservator, or authorized representative, or both, shall be documented in the individual program plan.(k) A regional center shall document in each consumers individual program plan all of the consumers denials of services, notices of actions, and appeals. |
|---|
| 289 | | - | |
|---|
| 290 | | - | 4646. (a) It is the intent of the Legislature that the individual program plan and provision of services and supports by the regional center system is centered on the individual and the family of the individual with developmental disabilities and takes into account the needs and preferences of the individual and the family, if appropriate. It is further the intent of the Legislature that the individual program plan be developed using a person-centered approach that reflects the needs and preferences of the consumer, and, as appropriate, their family. The services and supports provided by the regional center should assist each consumer in achieving their personal outcomes and life goals and promote inclusion in their community. It is the further intent of the Legislature to ensure that the provision of services to consumers and their families be effective in meeting the goals stated in the individual program plan, reflect the preferences and choices of the consumer, and reflect the cost-effective use of public resources.(b) The individual program plan is developed through a process of individualized needs determination. The individual with developmental disabilities and, if appropriate, the individuals parents, legal guardian or conservator, or authorized representative, shall have the opportunity to actively participate in the development of the plan.(c) An individual program plan shall be developed for any person who, following intake and assessment, is found to be eligible for regional center services. These plans shall be completed within 60 days of the completion of the assessment. At the time of intake, the regional center shall inform the consumer and, if appropriate, the consumers parents, legal guardian or conservator, or authorized representative, of the services available through the state council and the protection and advocacy agency designated by the Governor pursuant to federal law, and shall provide the address and telephone numbers of those agencies.(d) Individual program plans shall be prepared jointly by the planning team. Decisions concerning the consumers goals, objectives, and services and supports that will be included in the consumers individual program plan and purchased by the regional center or obtained from generic agencies shall be made by agreement between the regional center representative and the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative at the program plan meeting.(e) Regional centers shall comply with the request of a consumer or, if appropriate, the request of the consumers parents, legal guardian, conservator, or authorized representative, that a designated representative receive written notice of all meetings to develop or revise the individual program plan and of all notices sent to the consumer pursuant to Section 4710. The designated representative may be a parent or family member.(f) (1) Notwithstanding any other law, a meeting regarding the provision of services and supports by the regional center, including a meeting to develop or revise the individual program plan, shall be held by remote electronic communications if requested by the consumer or, if appropriate, if requested by the consumers parents, legal guardian, conservator, or authorized representative.(2) (A) If the regional center has not held an in-person individual program plan meeting or completed any other in-person meeting or visit with the consumer in the previous 12 months, the regional center shall hold an in-person individual program plan meeting or other meeting or visit at a location and at a time that is convenient for, and reflects the preference of, the consumer, and, as appropriate, their parent, legal guardian, conservator, or authorized representative. This requirement on the part of the regional center shall not impede, delay, or prevent the timely development or revision of an individual program plan, or the timely authorization or receipt of services and supports.(B) The in-person meeting requirement established in this paragraph shall remain in effect pending the departments review, in coordination with stakeholders, of implementation of this subdivision, as amended by the act that added this paragraph. The review shall include the development of recommendations that may include, but not be limited to, whether and to what extent the in-person requirements are effective in assisting the consumer in meeting the goals stated in the individual program plan, in positively facilitating and improving service access and equity, and in helping to build relationships between service coordinators and parents, legal guardians, conservators, or authorized representatives. The department shall, after consulting with and receiving input from stakeholders, provide an update to the Legislature on the status of the review no later than January 10, 2026 2026, and shall provide, with any additional consultation and documented input from stakeholders, the completed review to the Legislature no later than May 14, 2026.(g) At the conclusion of an individual program plan meeting, an authorized representative of the regional center shall provide to the consumer, in written or electronic format, a list of the agreed-upon services and supports, and, if known, the projected start date, the frequency and duration of the services and supports, and the provider. The authorized representative of the regional center shall sign the list of agreed-upon services and supports at that time. The consumer, or if appropriate, the consumers parent, legal guardian, conservator, or authorized representative shall sign the list of agreed-upon services and supports prior to its implementation. The consumer, or if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, may elect to delay receipt of the list of agreed-upon services and supports pending final agreement, as described in subdivision (h). If the consumer, or if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, elects to delay the receipt of the list of agreed-upon services and supports for 15 days, the list shall be provided in the preferred language of the consumer, or of the consumers parent, legal guardian, or authorized representative.(h) If a final agreement regarding the services and supports to be provided to the consumer cannot be reached at a program plan meeting, then a subsequent program plan meeting shall be convened within 15 days, or later at the request of the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative or if agreed to by the planning team. The list of the agreed-upon services and supports described in subdivision (g) and signed by the authorized representative of the regional center shall be provided, in writing or electronically, at the conclusion of the subsequent program plan meeting, and shall be provided in the preferred language of the consumer, or of the consumers parent, legal guardian, conservator, or authorized representative. Additional program plan meetings may be held with the agreement of the regional center representative and the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative.(i) An authorized representative of the regional center and the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative shall sign the individual program plan and the list of the agreed-upon services and supports prior to its implementation. If the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, does not agree with all components of the individual program plan, the consumer may indicate that disagreement on the plan. Disagreement with specific plan components shall not prohibit the implementation of services and supports agreed to by the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative. If the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, does not agree with the plan in whole or in part, the consumer shall be sent written notice of their appeal rights, as required by Sections 4701 and 4710.(j) (1) A regional center shall communicate in the consumers preferred language, or, if appropriate, the preferred language of the consumers family, legal guardian, conservator, or authorized representative, during the planning process for the individual program plan, including during the program plan meeting, and including providing alternative communication services, as required by Sections 11135 to 11139, inclusive, of the Government Code and implementing regulations.(2) A regional center shall provide alternative communication services, including providing copies of the list of services and supports, and the individual program plan in the preferred language of the consumer or the consumers family, legal guardian, conservator, or authorized representative, or both, as required by Sections 11135 to 11139, inclusive, of the Government Code and implementing regulations.(3) The preferred language of the consumer or the consumers family, legal guardian, conservator, or authorized representative, or both, shall be documented in the individual program plan.(k) A regional center shall document in each consumers individual program plan all of the consumers denials of services, notices of actions, and appeals. |
|---|
| 291 | | - | |
|---|
| 292 | | - | |
|---|
| 293 | | - | |
|---|
| 294 | | - | 4646. (a) It is the intent of the Legislature that the individual program plan and provision of services and supports by the regional center system is centered on the individual and the family of the individual with developmental disabilities and takes into account the needs and preferences of the individual and the family, if appropriate. It is further the intent of the Legislature that the individual program plan be developed using a person-centered approach that reflects the needs and preferences of the consumer, and, as appropriate, their family. The services and supports provided by the regional center should assist each consumer in achieving their personal outcomes and life goals and promote inclusion in their community. It is the further intent of the Legislature to ensure that the provision of services to consumers and their families be effective in meeting the goals stated in the individual program plan, reflect the preferences and choices of the consumer, and reflect the cost-effective use of public resources. |
|---|
| 295 | | - | |
|---|
| 296 | | - | (b) The individual program plan is developed through a process of individualized needs determination. The individual with developmental disabilities and, if appropriate, the individuals parents, legal guardian or conservator, or authorized representative, shall have the opportunity to actively participate in the development of the plan. |
|---|
| 297 | | - | |
|---|
| 298 | | - | (c) An individual program plan shall be developed for any person who, following intake and assessment, is found to be eligible for regional center services. These plans shall be completed within 60 days of the completion of the assessment. At the time of intake, the regional center shall inform the consumer and, if appropriate, the consumers parents, legal guardian or conservator, or authorized representative, of the services available through the state council and the protection and advocacy agency designated by the Governor pursuant to federal law, and shall provide the address and telephone numbers of those agencies. |
|---|
| 299 | | - | |
|---|
| 300 | | - | (d) Individual program plans shall be prepared jointly by the planning team. Decisions concerning the consumers goals, objectives, and services and supports that will be included in the consumers individual program plan and purchased by the regional center or obtained from generic agencies shall be made by agreement between the regional center representative and the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative at the program plan meeting. |
|---|
| 301 | | - | |
|---|
| 302 | | - | (e) Regional centers shall comply with the request of a consumer or, if appropriate, the request of the consumers parents, legal guardian, conservator, or authorized representative, that a designated representative receive written notice of all meetings to develop or revise the individual program plan and of all notices sent to the consumer pursuant to Section 4710. The designated representative may be a parent or family member. |
|---|
| 303 | | - | |
|---|
| 304 | | - | (f) (1) Notwithstanding any other law, a meeting regarding the provision of services and supports by the regional center, including a meeting to develop or revise the individual program plan, shall be held by remote electronic communications if requested by the consumer or, if appropriate, if requested by the consumers parents, legal guardian, conservator, or authorized representative. |
|---|
| 305 | | - | |
|---|
| 306 | | - | (2) (A) If the regional center has not held an in-person individual program plan meeting or completed any other in-person meeting or visit with the consumer in the previous 12 months, the regional center shall hold an in-person individual program plan meeting or other meeting or visit at a location and at a time that is convenient for, and reflects the preference of, the consumer, and, as appropriate, their parent, legal guardian, conservator, or authorized representative. This requirement on the part of the regional center shall not impede, delay, or prevent the timely development or revision of an individual program plan, or the timely authorization or receipt of services and supports. |
|---|
| 307 | | - | |
|---|
| 308 | | - | (B) The in-person meeting requirement established in this paragraph shall remain in effect pending the departments review, in coordination with stakeholders, of implementation of this subdivision, as amended by the act that added this paragraph. The review shall include the development of recommendations that may include, but not be limited to, whether and to what extent the in-person requirements are effective in assisting the consumer in meeting the goals stated in the individual program plan, in positively facilitating and improving service access and equity, and in helping to build relationships between service coordinators and parents, legal guardians, conservators, or authorized representatives. The department shall, after consulting with and receiving input from stakeholders, provide an update to the Legislature on the status of the review no later than January 10, 2026 2026, and shall provide, with any additional consultation and documented input from stakeholders, the completed review to the Legislature no later than May 14, 2026. |
|---|
| 309 | | - | |
|---|
| 310 | | - | (g) At the conclusion of an individual program plan meeting, an authorized representative of the regional center shall provide to the consumer, in written or electronic format, a list of the agreed-upon services and supports, and, if known, the projected start date, the frequency and duration of the services and supports, and the provider. The authorized representative of the regional center shall sign the list of agreed-upon services and supports at that time. The consumer, or if appropriate, the consumers parent, legal guardian, conservator, or authorized representative shall sign the list of agreed-upon services and supports prior to its implementation. The consumer, or if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, may elect to delay receipt of the list of agreed-upon services and supports pending final agreement, as described in subdivision (h). If the consumer, or if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, elects to delay the receipt of the list of agreed-upon services and supports for 15 days, the list shall be provided in the preferred language of the consumer, or of the consumers parent, legal guardian, or authorized representative. |
|---|
| 311 | | - | |
|---|
| 312 | | - | (h) If a final agreement regarding the services and supports to be provided to the consumer cannot be reached at a program plan meeting, then a subsequent program plan meeting shall be convened within 15 days, or later at the request of the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative or if agreed to by the planning team. The list of the agreed-upon services and supports described in subdivision (g) and signed by the authorized representative of the regional center shall be provided, in writing or electronically, at the conclusion of the subsequent program plan meeting, and shall be provided in the preferred language of the consumer, or of the consumers parent, legal guardian, conservator, or authorized representative. Additional program plan meetings may be held with the agreement of the regional center representative and the consumer or, if appropriate, the parents, legal guardian, conservator, or authorized representative. |
|---|
| 313 | | - | |
|---|
| 314 | | - | (i) An authorized representative of the regional center and the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative shall sign the individual program plan and the list of the agreed-upon services and supports prior to its implementation. If the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, does not agree with all components of the individual program plan, the consumer may indicate that disagreement on the plan. Disagreement with specific plan components shall not prohibit the implementation of services and supports agreed to by the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative. If the consumer or, if appropriate, the consumers parent, legal guardian, conservator, or authorized representative, does not agree with the plan in whole or in part, the consumer shall be sent written notice of their appeal rights, as required by Sections 4701 and 4710. |
|---|
| 315 | | - | |
|---|
| 316 | | - | (j) (1) A regional center shall communicate in the consumers preferred language, or, if appropriate, the preferred language of the consumers family, legal guardian, conservator, or authorized representative, during the planning process for the individual program plan, including during the program plan meeting, and including providing alternative communication services, as required by Sections 11135 to 11139, inclusive, of the Government Code and implementing regulations. |
|---|
| 317 | | - | |
|---|
| 318 | | - | (2) A regional center shall provide alternative communication services, including providing copies of the list of services and supports, and the individual program plan in the preferred language of the consumer or the consumers family, legal guardian, conservator, or authorized representative, or both, as required by Sections 11135 to 11139, inclusive, of the Government Code and implementing regulations. |
|---|
| 319 | | - | |
|---|
| 320 | | - | (3) The preferred language of the consumer or the consumers family, legal guardian, conservator, or authorized representative, or both, shall be documented in the individual program plan. |
|---|
| 321 | | - | |
|---|
| 322 | | - | (k) A regional center shall document in each consumers individual program plan all of the consumers denials of services, notices of actions, and appeals. |
|---|