Bill Text: CA AB1232 | 2013-2014 | Regular Session | Chaptered
Bill Title: Developmental services: quality assessment system.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-10-10 - Chaptered by Secretary of State - Chapter 679, Statutes of 2013. [AB1232 Detail]
Download: California-2013-AB1232-Chaptered.html
BILL NUMBER: AB 1232 CHAPTERED
BILL TEXT
CHAPTER 679
FILED WITH SECRETARY OF STATE OCTOBER 9, 2013
APPROVED BY GOVERNOR OCTOBER 9, 2013
PASSED THE SENATE SEPTEMBER 3, 2013
PASSED THE ASSEMBLY SEPTEMBER 6, 2013
AMENDED IN SENATE AUGUST 22, 2013
AMENDED IN SENATE JUNE 13, 2013
INTRODUCED BY Assembly Member V. Manuel Pérez
FEBRUARY 22, 2013
An act to amend Section 4571 of the Welfare and Institutions Code,
relating to developmental services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1232, V. Manuel Pérez. Developmental services: quality
assessment system.
Under existing law, the Lanterman Developmental Disabilities
Services Act, the State Department of Developmental Services
contracts with regional centers to provide services and supports to
individuals with developmental disabilities. Existing law requires
the department to implement a quality assessment system, as
prescribed, to enable the department to assess the performance of the
state's developmental services system and to improve services for
consumers. Under existing law, the department is required, in
consultation with stakeholders, to identify a valid and reliable
quality assurance instrument that assesses consumer and family
satisfaction, provision of services, and personal outcomes, and,
among other things, includes outcome-based measures such as health,
safety, and well-being. Under existing law, the department is
required to contract with an independent agency or organization that
is, in part, experienced in designing valid quality assurance
instruments, to implement the system.
This bill would additionally require the quality assurance
instrument to assess the provision of services in a linguistically
and culturally competent manner and include outcome-based measures to
evaluate the linguistic and cultural competency of regional center
services that are provided to consumers across their lifetimes. This
bill would require the independent agency or organization the
department contracts with to be experienced in issues relating to
linguistic and cultural competency. The bill would include
legislative findings and declarations.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that although
existing law requires the State Department of Developmental Services
to establish a quality assessment system to provide evaluation and
oversight for regional center services, the current quality
assessment system does not require evaluation or oversight to ensure
that regional center services are provided in a linguistically and
culturally competent manner.
SEC. 2. Section 4571 of the Welfare and Institutions Code is
amended to read:
4571. (a) It is the intent of the Legislature to ensure the
well-being of consumers, taking into account their informed and
expressed choices. It is further the intent of the Legislature to
support the satisfaction and success of consumers through the
delivery of quality services and supports. Evaluation of the services
that consumers receive is a key aspect to the service system.
Utilizing the information that consumers and their families provide
about those services in a reliable and meaningful way is also
critical to enable the department to assess the performance of the
state's developmental services system and to improve services for
consumers in the future. To that end, the State Department of
Developmental Services, on or before January 1, 2010, shall implement
an improved, unified quality assessment system, in accordance with
this section.
(b) The department, in consultation with stakeholders, shall
identify a valid and reliable quality assurance instrument that
assesses consumer and family satisfaction, provision of services in a
linguistically and culturally competent manner, and personal
outcomes. The instrument shall do all of the following:
(1) Provide nationally validated, benchmarked, consistent,
reliable, and measurable data for the department's Quality Management
System.
(2) Enable the department and regional centers to compare the
performance of California's developmental services system against
other states' developmental services systems and to assess quality
and performance among all of the regional centers.
(3) Include outcome-based measures such as health, safety,
well-being, relationships, interactions with people who do not have a
disability, employment, quality of life, integration, choice,
service, and consumer satisfaction.
(4) Include outcome-based measures to evaluate the linguistic and
cultural competency of regional center services that are provided to
consumers across their lifetime.
(c) To the extent that funding is available, the instrument
identified in subdivision (b) may be expanded to collect additional
data requested by the State Council on Developmental Disabilities.
(d) The department shall contract with an independent agency or
organization to implement by January 1, 2010, the quality assurance
instrument described in subdivision (b). The contractor shall be
experienced in all of the following:
(1) Designing valid quality assurance instruments for
developmental service systems.
(2) Tracking outcome-based measures such as health, safety,
well-being, relationships, interactions with people who do not have a
disability, employment, quality of life, integration, choice,
service, and consumer satisfaction.
(3) Developing data systems.
(4) Data analysis and report preparation.
(5) Assessments of the services received by consumers who are
moved from developmental centers to the community, given the
Legislature's historic recognition of a special obligation to ensure
the well-being of these persons.
(6) Issues related to linguistic and cultural competency.
(e) The department, in consultation with the contractor described
in subdivision (d), shall establish the methodology by which the
quality assurance instrument shall be administered, including, but
not limited to, how often and to whom the quality assurance will be
administered, and the design of a stratified, random sample among the
entire population of consumers served by regional centers. The
contractor shall provide aggregate information for all regional
centers and the state as a whole. At the request of a consumer or the
family member of a consumer, the survey shall be conducted in the
primary language of the consumer or family member surveyed.
(f) The department shall contract with the state council to
collect data for the quality assurance instrument described in
subdivision (b). If, during the data collection process, the state
council identifies any suspected violation of the legal, civil, or
service rights of a consumer, or if it determines that the health and
welfare of a consumer is at risk, that information shall be provided
immediately to the regional center providing case management
services to the consumer. At the request of the consumer, or family,
when appropriate, a copy of the completed survey shall be provided to
the regional center providing case management services to improve
the consumer's quality of services through the individual planning
process.
(g) The department, in consultation with stakeholders, shall
annually review the data collected from and the findings of the
quality assurance instrument described in subdivision (b) and accept
recommendations regarding additional or different criteria for the
quality assurance instrument in order to assess the performance of
the state's developmental services system and improve services for
consumers.
(h) All reports generated pursuant to this section shall be made
publicly available, but shall not contain any personal identifying
information about any person assessed.
(i) All data collected pursuant to subdivision (c) shall be
provided to the state council, but shall contain no personal
identifying information about the persons being surveyed.
(j) Implementation of this section shall be subject to an annual
appropriation of funds in the Budget Act for this purpose.
