Developmental services: regional centers.

(1) Existing law, the California Early Intervention Services Act, provides a statewide system of coordinated, comprehensive, family-centered, multidisciplinary, and interagency programs that are responsible for providing appropriate early intervention services and supports to all eligible infants and toddlers, as defined, and their families and requires an eligible infant or toddler receiving services under the act to have an individualized family service plan. The act requires these services to be provided pursuant to the existing regional center system under the Lanterman Developmental Disabilities Services Act. Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is responsible for providing various services and supports to individuals with developmental disabilities, and for ensuring the appropriateness and quality of those services and supports. Under existing law, the department contracts with regional centers to provide services and supports to persons 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. This bill would require regional centers to provide certain information to a consumer during the individual program plan process and to an infant's or toddler's parents, legal guardian, conservator, or authorized representative at the initial individualized family service plan meeting and annually thereafter. (2) Existing law requires each service identified on the individualized family service plan to be designated as an early intervention service, another service that the eligible infant or toddler or his or her family may receive from other state programs, or a referral to a nonrequired service that may be provided to an eligible infant or toddler or his or her family. With the exception of durable medical equipment, existing law prohibits a regional center from purchasing nonrequired services but authorizes a regional center to refer a family to a nonrequired service, as specified. Under existing law, the granting or denial of nonrequired services by a public or private agency is not subject to appeal. This bill would additionally make an exception for respite services and other family support services to the prohibition on the purchase of nonrequired services. The bill would also make the granting or denial of durable medical equipment, respite services, and other family support services subject to appeal. (3) Existing law states the right of individuals with developmental disabilities to make choices in their own lives requires that public or private agencies receiving state funds for the purpose of serving those persons respect the choices made by consumers or, if appropriate, their parents, legal guardian, or conservator. This bill would make the requirement that public or private agencies receiving state funds respect the choices made by consumers, as described above, specifically applicable to choices made by an authorized representative of a consumer, if appropriate. The bill would also require a regional center to provide information in a manner that is culturally and linguistically appropriate for the consumer or, when appropriate, the consumer's parents, legal guardian, conservator, or authorized representative, as specified. (4) Existing law requires the department, in consultation with stakeholders, to develop an alternative service delivery model that provides an Individual Choice Budget for obtaining quality services and supports that provides choice and flexibility within a finite budget that, in the aggregate, reduces regional center purchase of service expenditures, reduces reliance on the General Fund, and maximizes federal financial participation. Existing law prohibits a regional center from purchasing specified services, including, among others, nonmedical therapies or social recreation activities, except as specified, and places certain restrictions on the purchase of respite services by a regional center, pending implementation of the Individual Choice Budget. This bill would repeal the provisions relating to the Individual Choice Budget and the prohibitions and restrictions on the purchase of the above-described services. The bill would require the department, by March 31, 2018, to convene a task force to develop a purchase of services budget and allocation methodology based on consumer needs. The bill would require the task force to include the department and specified representatives, including, among others, representatives of consumers and families, as specified, regional centers, and providers. The bill would require the task force to submit a report of its recommendations on implementing the methodology to the Legislature by August 31, 2018. (5) Existing law generally prohibits, beginning July 1, 2009, a regional center from purchasing medical or dental services for a consumer 3 years of age or older unless the regional center is provided with documentation of a Medi-Cal, private insurance, or a health care service plan denial and the regional center determines that an appeal of the denial by the consumer or family does not have merit. Existing law authorizes a regional center to pay for medical or dental services during certain periods, including, among others, while coverage is being pursued, but before a denial is made. This bill would instead require a regional center to pay for medical or dental services identified as necessary to implement the consumer's individual program plan during those periods. (6) Existing law also requires a regional center to only purchase applied behavioral analysis (ABA) services or intensive behavioral intervention services when the parent or parents of minor consumers receiving services participate in the intervention plan for the consumers. This bill would instead require a regional center, to the extent feasible, to facilitate a parent's or caregiver's participation in ABA or intensive behavioral intervention services for a minor consumer receiving those services through the provision of additional services and supports, accommodations, or both. The bill would prohibit a parent's or caregiver's failure to participate in ABA or intensive behavioral intervention services from being used to deny, delay, or reduce the provision of those services.