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AB-261 Developmental services: regional centers: suspension of services.(2019-2020)

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Date Published: 01/24/2019 09:00 PM
AB261:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 261


Introduced by Assembly Members Mathis and Frazier
(Coauthors: Assembly Members Cooper, Gallagher, Patterson, and Wood)

January 24, 2019


An act to amend Section 4648.5 of the Welfare and Institutions Code, relating to developmental services.


LEGISLATIVE COUNSEL'S DIGEST


AB 261, as introduced, Mathis. Developmental services: regional centers: suspension of services.
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. Existing law requires the department, in consultation with stakeholders, to develop an alternative service delivery model that provides an Individual Choice Budget and suspends a regional center’s authority to purchase certain services, including, camping services and associated travel expenses, social recreation activities, educational services, and nonmedical therapies, as specified, pending implementation of the Individual Choice Budget and certification that the Individual Choice Budget has been implemented and will result in state budget savings, as specified.
This bill would repeal the above-described suspension of a regional center’s authority to purchase camping services and associated travel expenses, or social recreation activities.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 4648.5 of the Welfare and Institutions Code is amended to read:

4648.5.
 (a) Notwithstanding any other provision of law or regulations to the contrary, effective July 1, 2009, a regional centers’ authority to purchase the following services shall be suspended pending implementation of the Individual Choice Budget and certification by the Director of Developmental Services that the Individual Choice Budget has been implemented and will result in state budget savings sufficient to offset the costs of providing the following services:

(1)Camping services and associated travel expenses.

(2)Social recreation activities, except for those activities vendored as community-based day programs.

(3)

(1) Educational services for children three to 17, inclusive, years of age.

(4)

(2) Nonmedical therapies, including, but not limited to, specialized recreation, art, dance, and music.
(b) For regional center consumers receiving services described in subdivision (a) as part of their individual program plan (IPP) or individualized family service plan (IFSP), the prohibition in subdivision (a) shall take effect on August 1, 2009.
(c) An exemption may be granted on an individual basis in extraordinary circumstances to permit purchase of a service identified in subdivision (a) when the regional center determines that the service is a primary or critical means for ameliorating the physical, cognitive, or psychosocial effects of the consumer’s developmental disability, or the service is necessary to enable the consumer to remain in his or her the consumer’s home and no alternative service is available to meet the consumer’s needs.