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AB-438 Regional center services: holidays.(2019-2020)

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Date Published: 03/19/2019 09:00 PM
AB438:v98#DOCUMENT

Amended  IN  Assembly  March 19, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 438


Introduced by Assembly Member Frazier

February 11, 2019


An act to amend repeal Section 4692 of the Welfare and Institutions Code, relating to developmental services.


LEGISLATIVE COUNSEL'S DIGEST


AB 438, as amended, Frazier. Regional center services: holidays.
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 prohibits a regional center from compensating designated programs and transportation vendor services for providing any service to a consumer on 11 specified holidays, including, including July 4, Thanksgiving Day, and the 4 business days between December 25 and January 1.
This bill would delete the 4 business days between December 25 and January 1 from the compensation prohibition described above. The bill would also make various technical, nonsubstantive changes. repeal that prohibition, thereby allowing a regional center to compensate those designated programs and transportation vendor services for providing services on any of those 11 holidays.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 4692 of the Welfare and Institutions Code is repealed.
4692.

(a)Effective August 1, 2009, subject to subdivisions (c) and (e), regional centers shall not compensate a work activity program, activity center, adult development center, behavior management program, social recreation program, adaptive skills trainer, infant development program, program support group (day service), socialization training program, client/parent support behavior intervention training program, community integration training program, community activities support service, or creative arts program, as defined in Title 17 of the California Code of Regulations, for providing any service to a consumer on any of the following holidays:

(1)January 1.

(2)The third Monday in January.

(3)The third Monday in February.

(4)March 31.

(5)The last Monday in May.

(6)July 4.

(7)The first Monday in September.

(8)November 11.

(9)Thanksgiving Day.

(10)December 25.

(11)The four business days between December 25 and January 1.

(b)Effective August 1, 2009, subject to subdivisions (c) and (e), regional centers shall not compensate a transportation vendor/family member, transportation company, transportation/additional component vendor, transportation broker, transportation assistant/vendor, transportation vendor/auto driver, or transportation vendor/public or rental car agency or taxi, in accordance with Title 17 of the California Code of Regulations, for transporting any consumer to receive services from any of the vendors specified in subdivision (a) for any of the holidays set forth in paragraphs (1) to (11), inclusive, of subdivision (a).

(c)If a holiday listed in this section falls on a Saturday or a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed.

(d)Contracts between the vendors described in this section and regional centers shall reflect the holiday closures set forth in this section and shall be renegotiated accordingly, as necessary.

(e)The department may adjust the holidays set forth in subdivision (a) through a program directive. This directive shall be provided to the regional centers and posted on the department’s Internet Web site at least 60 days prior to the effective date of the change in holiday.

SECTION 1.Section 4692 of the Welfare and Institutions Code is amended to read:
4692.

(a)Effective August 1, 2009, subject to subdivisions (c) and (e), a regional center shall not compensate a work activity program, activity center, adult development center, behavior management program, social recreation program, adaptive skills trainer, infant development program, program support group (day service), socialization training program, client/parent support behavior intervention training program, community integration training program, community activities support service, or creative arts program, as defined in Title 17 of the California Code of Regulations, for providing any service to a consumer on any of the following holidays:

(1)January 1.

(2)The third Monday in January.

(3)The third Monday in February.

(4)March 31.

(5)The last Monday in May.

(6)July 4.

(7)The first Monday in September.

(8)November 11.

(9)Thanksgiving Day.

(10)December 25.

(b)Effective August 1, 2009, subject to subdivisions (c) and (e), a regional center shall not compensate a transportation vendor/family member, transportation company, transportation/additional component vendor, transportation broker, transportation assistant/vendor, transportation vendor/auto driver, or transportation vendor/public or rental car agency or taxi, in accordance with Title 17 of the California Code of Regulations, for transporting any consumer to receive services from any vendor specified in subdivision (a) for any holiday set forth in paragraphs (1) to (10), inclusive, of subdivision (a).

(c)If a holiday listed in this section falls on a Saturday or a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed.

(d)A contract between a vendor described in this section and a regional center shall reflect the holiday closures set forth in this section and shall be renegotiated accordingly, as necessary.

(e)The department may adjust the holidays set forth in subdivision (a) through a program directive. This directive shall be provided to the regional centers and posted on the department’s internet website at least 60 days before the effective date of the change in holiday.