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SB-721 Developmental services: rate methodology.(2019-2020)

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Date Published: 04/08/2019 09:00 PM
SB721:v98#DOCUMENT

Amended  IN  Senate  April 08, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 721


Introduced by Senator Stone

February 22, 2019


An act to amend Section 16000 of the Welfare and Institutions Code, relating to foster care. An act to add Section 4519.9 to the Welfare and Institutions Code, relating to developmental services.


LEGISLATIVE COUNSEL'S DIGEST


SB 721, as amended, Stone. Foster care. Developmental services: rate methodology.
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. Existing law sets forth the department’s and the regional center’s authority to establish provider rates for various services and supports. Existing law requires the department, on or before March 1, 2019, to submit a rate study to the appropriate fiscal and policy committees of the Legislature that includes an assessment of the effectiveness of the methods used to pay each category of community service provider, including a consideration of whether the current method of ratesetting for a service category provides an adequate supply of providers in that category and a comparison of the estimated fiscal effects of alternative rate methodologies for each service provider category.
This bill would require the department to develop and implement, on or before June 30, 2021, a new rate methodology that utilizes quality and performance measures to compensate service providers based on those measures to replace the rate methodologies for all services and supports in effect before that date, or to be an adjunct to those rate methodologies. The bill would require the department to seek input from specified stakeholders in the development of the new rate methodology, and to hold at least 2 public meetings as part of those efforts.

Existing law declares the intent of the Legislature to preserve and strengthen a child’s family ties whenever possible, removing the child from the custody of the child’s parents only when necessary for the child’s welfare or for the safety and protection of the public. Existing law declares the further intent of the Legislature that all children live with a committed, permanent, and nurturing family, with services and supports that are tailored to meet the needs of the individual child and family being served, with the ultimate goal of maintaining the family, or when this is not possible, transitioning the child or youth to a permanent family or preparing the child or youth for a successful transition to adulthood.

This bill would make technical, nonsubstantive changes to those provisions.

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

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


SECTION 1.

 Section 4519.9 is added to the Welfare and Institutions Code, to read:

4519.9.
 (a) The department shall develop and implement, on or before June 30, 2021, a new rate methodology that utilizes quality and performance measures to compensate service providers based on those measures to replace the rate methodologies for all services and supports in effect before that date, or to be an adjunct to those rate methodologies.
(b) (1) The department shall seek input from stakeholders, including, but not limited to, consumers, family members of consumers, service providers, regional centers, and advocates for the individuals with developmental disabilities in the development of the new rate methodology, including the selection and creation of the quality and performance measures.
(2) The department shall hold at least two public meetings as part of its effort to solicit stakeholder input pursuant to paragraph (1).
(c) The new methodology shall be designed to do all of the following:
(1) Reward service providers that provide higher quality service to consumers relative to other service providers in the same service category.
(2) Compensate service providers based on the acuity of each consumer served.
(3) To the extent applicable, incentivize service provider compliance with the federal Home- and Community-Based Services (HCBS) rules.
(d) The new methodology shall not result in any service provider getting paid at a lower rate than what they are receiving at the time of its implementation.

SECTION 1.Section 16000 of the Welfare and Institutions Code is amended to read:
16000.

(a)It is the intent of the Legislature to preserve and strengthen a child’s family ties whenever possible, removing the child from the custody of the child’s parents only when necessary for the child’s welfare or for the safety and protection of the public. If a child is removed from the physical custody of the child’s parents, preferential consideration shall be given whenever possible to the placement of the child with a relative, as required by Section 7950 of the Family Code. If the child is removed from the child’s own family, it is the purpose of this chapter to secure as nearly as possible for the child the custody, care, and discipline equivalent to that which should have been given to the child by the child’s parents. It is further the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive family setting promoting normal childhood experiences that are suited to meet the child’s or youth’s individual needs, and to live as close to the child’s family as possible pursuant to subdivision (d) of Section 16501.1. Family reunification services shall be provided for expeditious reunification of the child with the child’s family, as required by law. If reunification is not possible or likely, a permanent alternative shall be developed.

(b)It is further the intent of the Legislature that all children live with a committed, permanent, and nurturing family. All services and supports should be tailored to meet the needs of the individual child and family being served, with the ultimate goal of maintaining the family, or when this is not possible, transitioning the child or youth to a permanent family or preparing the child or youth for a successful transition to adulthood. When needed, short-term residential therapeutic program services are a short-term, specialized, and intensive intervention that is just one part of a continuum of care available for children, youth, young adults, and their families.

(c)It is further the intent of the Legislature to ensure that all pupils in foster care and those who are homeless as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) have the opportunity to meet the challenging state pupil academic achievement standards to which all pupils are held. In fulfilling their responsibilities to pupils in foster care, educators, county placing agencies, care providers, advocates, and the juvenile courts shall work together to maintain stable school placements and to ensure that each pupil is placed in the least restrictive educational programs and has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils. In all instances, educational and school placement decisions shall be based on the best interests of the child.