Bill Text: CA SB579 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Developmental services: Commission on Oversight

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2014-06-17 - Set, first hearing. Hearing canceled at the request of author. [SB579 Detail]

Download: California-2013-SB579-Amended.html

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BILL NUMBER: SB 579	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 6, 2014
	AMENDED IN SENATE  SEPTEMBER 11, 2013
	AMENDED IN SENATE  APRIL 9, 2013

INTRODUCED BY   Senator Berryhill
    (   Coauthor:   Senator
  Emmerson   ) 

                        FEBRUARY 22, 2013

   An act to add  and repeal  Section 4751  to
  of  the Welfare and Institutions Code, relating
to developmental services.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 579, as amended, Berryhill. Developmental services: Commission
on Oversight Efficiency and Quality Enhancement  Model.
  Models. 
   The Lanterman Developmental Disabilities Services Act authorizes
the State Department of Developmental Services to contract with
regional centers to provide services and supports to individuals with
developmental disabilities. 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.
   The California Community Care Facilities Act provides for the
licensure and regulation of community care facilities, including
residential facilities, adult day programs, small family homes, and
group homes, by the State Department of Social Services.
   Existing law requires the State Department of Public Health to
license and regulate various types of health facilities, and requires
the State Department of Public Health and the State Department of
Developmental Services to jointly develop and implement licensing
regulations appropriate for intermediate care
facilities/developmentally disabled-nursing and intermediate care
facility/developmentally disabled-continuous nursing.
   This bill would establish the Commission on  the 
Oversight Efficiency and Quality Enhancement  Model
  Models  to investigate methods of implementing a
unified  and consistent  oversight and quality enhancement
process that ensures the welfare, community participation, health,
and safety of individuals with developmental disabilities who are
served in programs licensed by the Community Care Licensing Division
of the State Department of Social Services. The bill would require
the process to also enhance accountability and quality review
processes for the services directly provided by regional centers. The
bill would state the intent of the Legislature that the State
Department of Developmental Services identify regional center
catchment areas for voluntary participation in a pilot project
consistent with the recommendations of the commission. The bill would
 require, by February 14, 2015, the State Department of
Developmental Services, the State Council on Developmental
Disabilities, and the Association of Regional Center Agencies to
select representatives   require the Governor, Senate
Committee on Rules, and the Speaker of the Assembly to appoint
members  to serve on the commission, as prescribed.
    The bill would require the commission to  develop a
  recommend a strategy for  uniform data collection
 system  that provides reliable, valid, and
actionable data from multiple stakeholder perspectives  to be
  and that may be  consistently deployed at
regional centers. This bill would require the commission to 
rewiew   review  current  regulatory
standards   regulations and relevant statutes  to
better focus on reliable data to measure outcomes for individuals
served and the impact of services on the lives of individuals and
their families, in accordance with prescribed characteristics. The
bill would require the commission, by  March  
June  30, 2015, to determine the best methods for collecting
input on relevant regulatory standards and statutes,  and to
request public input on those standards, as specified. The bill
would require the commission to review and compile, by September 30,
 2015,   2016,  the input received and to
submit, by December  30, 2015, its recommendations 
 31, 2016, a report on its recommended regulatory and statutory
changes  to  the Legislature and  the State Department
of Developmental Services.
   This bill would require the commission to  create
  propose, in its report,  a process  to
review   by which  relevant regulations  and
statutes  governing the Licensing and Certification Division of
the State Department of Public Health  and to report on that
process to the Legislature by December 31, 2015.   may
be reviewed by a future commission. 
   This bill would require regional centers that seek consideration
for participation in any program to pilot new quality enhancement
systems to collect baseline data, as determined by the 
department,   commission,  in programs and services
for people with developmental disabilities that are licensed by the
Community Care Licensing Division of the State Department of Social
Services.  These provisions would be repealed on January 1, 2018.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section  4571   4751  is
added to the Welfare and Institutions Code, to read:
    4571.   4751.   (a) The Legislature
finds and declares all of the following:
   (1) Evaluation of the services that people with developmental
disabilities receive from both service providers and regional centers
is a critical component of the service system.
   (2) There is evidence that the current system, in which three
state-funded entities, the State Department of Developmental
Services, the regional centers, and the Community Care Licensing
Division of the State Department of Social Services, are charged with
monitoring and maintaining quality services and supports for people
with developmental disabilities, is duplicative and confusing and
fails to produce data essential for service improvement.
   (3) The efficiency and efficacy of the oversight and quality
review processes can be significantly enhanced by unifying the
current duplicative quality review system, thus conserving limited
state and service providers' resources while simultaneously improving
the lives of people with developmental disabilities in California.
   (b) The Commission on  the  Oversight Efficiency
and Quality Enhancement  Model shall be   Models
is  established to investigate methods of implementing a
unified  and consistent  oversight and quality enhancement
process. This process shall ensure the welfare, community
participation, health, and safety of all those with developmental
disabilities who are served in programs currently licensed by the
Community Care Licensing Division of the State Department of Social
Services.  The commission shall give the utmost attention to
ensure that the results of its work do not reduce the  
quality of oversight and monitoring of the health and safety of
persons with developmental disabilities.  This process shall
also enhance accountability and quality review processes for the
services directly provided by regional centers. At the conclusion of
the investigation, it is the intent of the Legislature that, based
upon the information, analysis, and recommendations of the
commission, the State Department of Developmental Services shall
identify regional center catchment areas for voluntary participation
in a pilot project consistent with the recommendations of the
commission. 
   (c) (1) (A) On or before February 14, 2015, State Department of
Developmental Services, the State Council on Developmental
Disabilities, and the Association of Regional Center Agencies shall
each select three representatives to serve on the commission, for a
total of nine representatives.  
   (B) Each agency shall select each of the following types of
representatives to serve on the commission:  
   (i) One representative who is a service provider, or an employee
of a service provider.  
   (ii) One representative who is an individual served by a regional
center, or the family member of that individual.  
   (iii) One representative who is a professional with experience in
quality systems or reviews.  
   (C) The commission may select up to three additional public
members to serve on the commission to meet representational or
expertise needs.  
   (c) The commission shall be composed of not more than 12 members.
 
   (1) The Governor, the Senate Committee on Rules, and the Speaker
of the Assembly shall each appoint three members to serve on the
commission consistent with subparagraphs (A) and (B).  
   (A) The appointed members shall meet both of the following
requirements: 
   (i) Have professional experience in quality assurance within the
developmental disabilities field.  
   (ii) Represent statewide organizations.  
   (B) Each appointing authority shall appoint a member representing,
as broadly as possible, each of the following areas:  
   (i) The service provider community.  
   (ii) The advocacy and consumer services community.  
   (iii) Regional centers.  
   (2) The State Department of Developmental Services, the State
Department of Social Services, and the California Health and Human
Services Agency may each select a representative to participate on
the commission.  
   (d) The commission may appoint advisory groups to provide
specialized input to assist the commission in its work. 

   (2) 
    (e)  The commission shall examine existing regulations
and  statutes, and  recommend changes to the State
Department of Developmental Services, as specified in subdivision
 (d)  (g)  . 
   (3) 
    (f)     (1)  The commission shall
 develop a   recommend, and include in its final
report, a strategy for  uniform data collection  system
 that provides reliable, valid, and actionable data from
multiple stakeholder perspectives  to be   and
that may be  consistently deployed at regional centers. The
 data system shall include information on service provider
and regional center performance, as well as outcomes consistent with
individual program plan goals. The data system shall be flexible, and
have the capacity to allow field-based data entry and analysis and
to document, measure, and analyze the implementation of the model. To
the extent possible, data currently being collected by regional
centers or the department shall be utilized in the data system.
  strategy shall address, to the fullest extent
possible, all of the following:  
   (A) Service provider and regional performance.  
   (B) Outcomes consistent with individual program plan goals. 

   (C) Flexibility of implementation.  
   (D) Field-based data entry and analysis.  
   (E) Documentation, measurement, and analysis of the strategy's
implementation.  
   (F) Usage of data currently being collected by regional centers
and the State Department of Developmental Services.  
   (G) Regional center and service provider resource needs to
implement the strategy.  
   (4) 
    (2)  The commission shall consider  the
experience and outcomes from   , but is not limited to,
the experience, outcomes, and data provided by the National Core
Indicators,  the Agnews Developmental Center,  and the 
Bay Area Quality Management  System   System,
 and from current quality reviews of unlicensed Lanterman
Developmental Disabilities Services Act support models, including
family home agencies and supported living, in developing the 
strategy's  structure, standards, and data collection 
methodologies for the system.   methodologies. 

   (d) 
    (g)  The commission shall review current 
standards   sections  in Titles 17 and 22 of the
California Code of Regulations  and relevant statutes  to
better focus on reliable data to measure outcomes for individuals
served and the impact of services on the lives of individuals and
their families. Recommendations for  system design 
 the strategy  and regulatory change shall reflect the
following characteristics:
   (1) Be lean, simple, efficient, and understood by the people
served and those who serve them.
   (2) Avoid unnecessary redundancies of process, permissions,
oversight, and enforcement.
   (3) Base objective reviews on quality standards that, in
accordance with Lanterman Developmental Disabilities Services Act
principles, address individual outcomes, including, but not limited
to, health, safety, independence, choice, empowerment, inclusion, and
participation in community life. Outcome measures are to be
consistent with performance measures for regional centers.
   (4) Base subjective reviews of the impact on individuals and
families on satisfaction data collected by an independent third party
that surveys a statistically significant sample of service providers
and individuals and families providing or receiving those services.
   (5) Shift the focus of quality efforts to a service enhancement
model that encourages and recognizes service provider and regional
center improvements.
   (6) Include multiple options for proactive consumer protections,
including screening for qualified providers, an emphasis on an
evolving improvement system of coaching and mentoring service
providers toward quality, and an immediate response capacity to
address people in imminent danger.
   (7) Report aggregate service and individual outcomes to highlight
excellence, innovation, and satisfaction in the services provided and
in the lives of individuals with developmental disabilities.
   (8) Enhance transparency, accountability, quality standards, and
measurement processes for the services directly provided by regional
centers consistent with regional center performance contracts.
   (9) Provide consumers, families, service providers, and regional
center staff the opportunity to participate in system evaluation.
   (10) Ensure that the results of oversight, quality enhancement,
and assurance review activities are available in plain language to
people with developmental disabilities and their families so they can
be informed consumers of the services that they receive. 
   (e) 
    (h)     (1)  On or before 
March   June  30, 2015, the commission shall
determine the best methods of collecting input on relevant 
statutes and  sections of Titles 17 and 22 of the California
Code of Regulations. 
   (1) 
    (2)  These methods shall include, but not be limited to,
the following:
   (A) At least two public meetings, with one meeting held in
southern California and one meeting held in northern California.
   (B) The electronic submission of comments. 
   (2) 
    (3)  The commission shall request public input
concerning the revision, retention, or removal of relevant 
statutes and  sections of Titles 17 and 22 of the California
Code of  Regulations.   Regulations affe 
 cting only programs meeting both of the following: 
    (A)     Under the partial or exclusive
oversight of the Community Care Licensing Division of the State
Department of Social Services. 
    (B)     Provide services and supports
exclusively or primarily to persons with developmental disabilities.
 
   (A) 
   (4)  The commission shall solicit comment on issue areas
including, but not limited to, the following: 
   (i) 
    (A)  Certification and vendorization processes. 

   (ii) 
    (B)  Complaints. 
   (iii) 
    (C)  Quality oversight and monitoring requirements.

   (iv) 
    (D)  Decertification and devendorization processes. 

   (E) Conflict and duplication in statutes and regulations. 

   (B) The commission shall take comment on the following
regulations:  
   (i) Articles 2 (commencing with Section 54302), 4 (commencing with
Section 54370), and 5 (commencing with Section 54830) of Subchapter
2 of Chapter 3 of Division 2 of Title 17 of the California Code of
Regulations.  
   (ii) Sections 56003, 56005, and 56009 of Article 2 of Subchapter 4
of Chapter 3 of Title 17 of the California Code of Regulations.
 
   (iii) Articles 3 (commencing with Section 56013), 5 (commencing
with Section 56022), 8 (commencing with Section 56046), 9 (commencing
with Section 56053), and 11 (commencing with Section 56061) of
Subchapter 4 of Chapter 3 of Division 2 of Title 17 of the California
Code of Regulations.  
   (iv) Sections 56712, 56732, and 56742 of Subchapter 5 of Chapter 3
of Division 2 of Title 17 of the Code of Regulations. 

   (v) Chapters 3 (commencing with Section 82000), 4 (commencing with
Section 83000), 5 (commencing with Section 84000), and 6 (commencing
with Section 85000) of Division 6 of Title 22 of the Code of
Regulations.  
   (f) 
    (i)    (1)  On or before September 30,
 2015,   2016,  the commission shall
review and compile the input received based on its relevance to the
criteria described in subdivision  (d)   (g)
 . On or before December 31,  2015,   2016,
 the commission shall submit to  the Legislature and 
the State Department of Developmental Services  a report on 
its recommended changes to Titles 17 and 22 of the California Code
of  Regulations.   Regulations and any
recommended statutory changes.  The commission shall also
recommend, based on input received, the most effective entity or
entities for enforcing the regulations. 
   (g) On or before March 30, 2015, the commission shall create

    (2)    In its report, the commission shall
propose  a process  to review   by which
 relevant regulations  and statutes  governing the
Licensing and Certification Division of the State Department of
Public Health, guided by the criteria described in subdivision
 (d). The commission shall report on this process to the
Legislature on or before December 31, 2015.   (g), may
be reviewed by a future commission if one is established. 

   (h) 
    (j)  From January 1,  2015,   2016,
 to December  1, 2015,   31, 2016,
inclusive, regional centers that seek consideration for participation
in any program to pilot new quality enhancement systems shall
collect baseline data, as determined by the commission, on existing
service quality and quality assurance processes in programs and
services for people with developmental disabilities that are licensed
by the Community Care Licensing Division of the State Department of
Social Services. 
   (k) A report to be submitted pursuant to subdivision (i) shall be
submitted in compliance with Section 9795 of the Government Code.
 
   (l) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.