Bill Text: CA SB683 | 2019-2020 | Regular Session | Amended

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

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Bill Title: Developmental services: regional centers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2019-08-30 - August 30 hearing: Held in committee and under submission. [SB683 Detail]

Download: California-2019-SB683-Amended.html

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Amended  IN  Senate  April 01, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 683

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Introduced by Senator Grove

February 22, 2019

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An act to amend Section 4629 of 6252 of the Government Code, and to add Sections 4519.3, 4519.4, and 4639.76 to the Welfare and Institutions Code, relating to developmental services.

LEGISLATIVE COUNSEL'S DIGEST

SB 683, as amended, Grove. Developmental services: regional centers.

(1) Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with private nonprofit corporations for the establishment of regional centers to provide services and supports to individuals with developmental disabilities and their families.

This bill would require the department and each regional center to create the means for the submission to the department and the regional center of allegations of improper regional center activity, as defined. The bill would require the department or the regional center, upon receiving an allegation of improper regional center activity to conduct an investigation of the matter. The bill would prohibit a regional center from retaliating in any way against a person or a family member of a person who, based on a reasonable belief that improper activity occurred, submits an allegation of improper regional center activity.

(2) Existing law requires the department and regional centers to annually collaborate to compile specified data relating to purchase of service authorization, utilization, and expenditure in a uniform manner. Existing law requires each regional center to post the data specific to that regional center on its internet website.

This bill would require regional centers, on or before January 1, 2021, to provide quantitative data that is available to the public in a machine readable format upon request. The bill would require the department, in collaboration with regional centers and other relevant stakeholders, to determine the appropriate machine readable format to be used by regional centers in implementing this provision.

The bill would require the department to determine an appropriate standardized internet website format and to provide those requirements to the regional centers on or before June 30, 2020. The bill would require regional center internet websites, on or before January 1, 2021, to conform that standardized format developed by the department.

(3) The California Public Records Act provides that public records of a state or local agency are open to inspection at all times during the office hours of the state or local agency and that every person has a right to inspect any public record, except as provided in the act. The act defines state agency to mean every state office, officer, department, division, bureau, board, and commission or other state body or agency, except as provided.

This bill would additionally include within the definition of state agency, a regional center that contracts with the State Department of Developmental Services.

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. Existing law requires the contracts to include annual performance objectives that are specific, measurable, and designed to, among other things, develop services and supports identified as necessary to meet identified needs.

This bill would make technical, nonsubstantive changes to that provision.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 6252 of the Government Code is amended to read:

6252.

 As used in this chapter:

(a) “Local agency” includes a county; city, whether general law or chartered; city and county; school district; municipal corporation; district; political subdivision; or any board, commission or agency thereof; other local public agency; or entities that are legislative bodies of a local agency pursuant to subdivisions (c) and (d) of Section 54952.

(b) “Member of the public” means any person, except a member, agent, officer, or employee of a federal, state, or local agency acting within the scope of his or her their membership, agency, office, or employment.

(c) “Person” includes any natural person, corporation, partnership, limited liability company, firm, or association.

(d) “Public agency” means any state or local agency.

(e) “Public records” includes any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. “Public records” in the custody of, or maintained by, the Governor’s office means any writing prepared on or after January 6, 1975.

(f) (1) “State agency” means every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.

(2) Notwithstanding paragraph (1) or any other law, “state agency” shall also mean the State Bar of California, as described in Section 6001 of the Business and Professions Code.

(3) “State agency” shall also include a regional center that contracts with the State Department of Developmental Services pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).

(g) “Writing” means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail email or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.

SEC. 2.

 Section 4519.3 is added to the Welfare and Institutions Code, to read:

4519.3.

 (a) On or before January 1, 2021, a regional center shall provide any quantitative data that is available to the public in a machine-readable format upon request.

(b) The department, in collaboration with regional centers and other relevant stakeholders, shall determine the appropriate machine-readable format to be used by regional centers in implementing this section.

SEC. 3.

 Section 4519.4 is added to the Welfare and Institutions Code, to read:

4519.4.

 (a) On or before January 1, 2021, the internet websites of all regional centers shall conform to the standardized format developed by the department pursuant to subdivision (b).

(b) (1) The department shall determine an appropriate standardized internet website format to be used by regional centers and provide those requirements to the regional centers on or before June 30, 2020.

(2) In determining the standardized internet website format to be used by regional centers pursuant to this subdivision, the department shall solicit stakeholder input and hold at least one public hearing to allow stakeholders and other interested parties to provide input in person.

(3) Upon completion, the department shall make the completed standardized internet website format requirements for regional centers available on the department’s internet website.

SEC. 4.

 Section 4639.76 is added to the Welfare and Institutions Code, to read:

4639.76.

 (a) For purposes of this section, “improper regional center activity” means an activity by a regional center or an employee, officer, or board member of a regional center, in the conduct of regional center business, that is a violation of a state or federal law or regulation, a violation of contract provisions, fraud or fiscal malfeasance, misuse of government property, or that constitutes gross misconduct, incompetency, or inefficiency.

(b) The department and each regional center shall create the means for the submission of allegations of improper regional center activity both by delivery to a specified mailing address and by electronic submission through the department’s and the regional center’s internet website.

(c) The department and the regional center may request that a person submitting an allegation provide the person’s name and contact information and provide the names and contact information for any persons who could help to substantiate the claim. However, the department and the regional center shall not require any person submitting an allegation to provide the person’s name or contact information and shall clearly state on the department’s and the regional center’s internet website that this information is not required in order to submit an allegation.

(d) Upon receiving specific information that a regional center, or an employee, officer, or board member of a regional center, has engaged in an improper governmental activity, the department or the regional center shall conduct an investigation of the matter. The identity of the person submitting the allegation or of any person providing information in confidence to further an investigation, shall not be disclosed without the express permission of the person providing the information except that the department or regional center may make the disclosure to a law enforcement agency if it is conducting a criminal investigation.

(e) A regional center shall not retaliate in any way against a person or a family member of a person who, based on a reasonable belief that improper activity occurred, submits an allegation of improper regional center activity. For purposes of this subdivision, “retaliate” includes, but it not limited to, interfering with or discontinuing services, threatening to interfere with or discontinue services, harassing, threatening, or in any other way discriminating against a person or a family member of a person who submitted the allegation.

SECTION 1.Section 4629 of the Welfare and Institutions Code is amended to read:

4629.

(a)The state shall enter into five-year contracts with regional centers, subject to the annual appropriation of funds by the Legislature.

(b)The contracts shall include a provision requiring each regional center to render services in accordance with applicable provision of state laws and regulations.

(c)(1)The contracts shall include annual performance objectives that the department determines are necessary to ensure each regional center is complying with the requirement specified in subdivision (b), including, but not limited to, objectives that do both of the following:

(A)Be specific, measurable, and designed to do all of the following:

(i)Assist consumers to achieve life quality outcomes.

(ii)Achieve meaningful progress above the current baselines.

(iii)Develop services and supports identified as necessary to meet identified needs, including culturally and linguistically appropriate services and supports.

(iv)Measure progress in reducing disparities and improving equity in purchase of service expenditures.

(v)Measure progress, and report outcomes, in implementing the Employment First Policy, which may include, but are not limited to, measures addressing both of the following:

(I)Establishment of local partnership agreements between regional centers, local educational agencies, and the Department of Rehabilitation districts.

(II)The provision of information to consumers regarding the Employment First Policy, opportunities for employment, and available supports to achieve integrated competitive employment.

(B)Be developed through a public process, as described in the department’s guidelines, which includes, but is not limited to, all of the following:

(i)Providing information, in an understandable form, to the community about regional center services and supports, including budget information and baseline data on services and supports and regional center operations.

(ii)Conducting a public meeting where participants can provide input on performance objectives and using focus groups or surveys to collect information from the community.

(iii)Circulating a draft of the performance objectives to the community for input prior to presentation at a regional center board meeting where additional public input will be taken and considered before adoption of the objectives.

(2)In addition to the performance objectives developed pursuant to this section, the department may specify in the performance contract additional areas of service and support that require either development or enhancement by the regional center. In determining those areas, the department shall consider public comments from individuals and organizations within the regional center catchment area, the distribution of services and supports within the regional center catchment area, and review how the availability of services and supports in the regional area catchment area compares with other regional center catchment areas.

(d)Each contract with a regional center shall specify steps to be taken to ensure contract compliance, including, but not limited to, all of the following:

(1)Incentives that encourage the regional center to meet or exceed performance standards.

(2)Levels of probationary status for a regional center that does not meet, or is at risk of not meeting, performance standards. The department shall require that corrective action be taken by a regional center that is placed on probation. Corrective action may include, but is not limited to, mandated consultation with designated representatives of the Association of Regional Center Agencies or a management team designated by the department, or both. The department shall establish the specific timeline for the implementation of corrective action and monitor its implementation. When a regional center is placed on probation, the department shall provide the state council and the clients’ rights advocacy contractor identified in Section 4433 with a copy of the correction plan, timeline, and any other action taken by the department relating to the probationary status of the regional center.

(e)In order to evaluate the regional center’s compliance with its contract performance objectives and legal obligations related to those objectives, the department shall do both of the following:

(1)Annually assess each regional center’s achievement of its previous year’s objectives and make the assessment, including baseline data and performance objectives of the individual regional center, available to the public. The department may make a special commendation of the regional centers that have best engaged the community in the development of contract performance objectives and have made the most meaningful progress in meeting or exceeding contract performance objectives.

(2)Monitor the activities of the regional center to ensure compliance with the provisions of its contract, including, but not limited to, reviewing all of the following:

(A)The regional center’s public process for compliance with the procedures set forth in paragraph (2) of subdivision (c).

(B)Each regional center’s performance objectives for compliance with the criteria set forth in paragraphs (1) and (2) of subdivision (c).

(C)Any public comments on regional center performance objectives sent to either the department or the regional center, and soliciting public input on the public process and final performance standards.

(f)The renewal of each contract shall be contingent upon compliance with the contract, including, but not limited to, the performance objectives, as determined through the department’s evaluation.