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AB-3074 Developmental services: integrated competitive employment. (2017-2018)



Current Version: 03/22/18 - Amended Assembly        


AB3074:v98#DOCUMENT

Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3074


Introduced by Assembly Member Frazier

February 16, 2018


An act to amend Section 4850.3 of the Welfare and Institutions Code, relating to developmental disabilities. An act to amend Sections 4688.21 and 4850.3 of the Welfare and Institutions Code, relating to developmental services.


LEGISLATIVE COUNSEL'S DIGEST


AB 3074, as amended, Frazier. Developmental disabilities. Developmental services: integrated competitive employment.
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 establishes the Employment First Policy, which is the policy that opportunities for integrated, competitive employment be given the highest priority for working age individuals with developmental disabilities, regardless of the severity of their disabilities.
Existing law authorizes a consumer to choose a tailored day service or vouchered community-based training service, in lieu of any other regional center vendored day program, look-alike day program, supported employment program, or work activity program. Existing law requires a tailored day service to (1) include an individualized service design, as determined through the individual program plan (IPP) and approved by the regional center, that maximizes the consumer’s individualized choices and needs and (2) encourage opportunities to further the development or maintenance of employment, volunteer activities, or pursuit of postsecondary education, maximize consumer direction of the service, and increase the consumer’s ability to lead an integrated and inclusive life.
This bill would authorize a consumer in a supported employment program or work activity program who has the stated goal of integrated competitive employment in his or her IPP to request to use tailored day services in conjunction with his or her existing program to achieve that goal, if specified criteria are met, including that the type, amount, and provider of tailored day service allowed under these provisions is determined through the IPP process. The bill would specify the maximum hours of tailored day services that may be authorized in conjunction with existing services under these provisions.
Existing law, until January 1, 2025, provides that the Legislature intends that in order to increase effectiveness and opportunity to gain meaningful integrated competitive employment opportunities, habilitation services shall also provide community-based vocational development services. Existing law requires the department to conduct a 4-year demonstration project in up to 5 volunteer regional centers to determine whether the provision of community-based vocational development services increases, integrated competitive employment outcomes and reduces purchase of service costs for working age adults. As part of the pilot program, existing law requires a plan to be developed if community-based vocational development services are determined to be a necessary step to achieve a supported employment outcome, and provides for the hourly rate for the services and hours of participation that may be provided. Existing law requires the department to secure federal Medicaid funding for these services prior to implementation of the project and requires these provisions to be implemented only to the extent that federal financial participation is available and any necessary federal approvals have been obtained.
This bill would delete the provisions stating legislative intent and requiring the department to conduct a demonstration project, thereby implementing the provisions that require habilitation services to also provide community-based vocational development services effective statewide without a demonstration project. The bill would also delete the January 1, 2025, repeal date, and would thereby extend the operation of these provisions indefinitely.

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, until January 1, 2025, requires the department to conduct a 4-year demonstration project to determine whether community-based vocational development services increase integrated competitive employment outcomes and reduce purchase of service costs for working age adults.

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 4688.21 of the Welfare and Institutions Code is amended to read:

4688.21.
 (a) The Legislature places a high priority on opportunities for adults with developmental disabilities to choose and customize day services to meet their individualized needs; needs, have opportunities to further the development or maintenance of employment and volunteer activities; activities, direct their services; services, pursue postsecondary education; education, and increase their ability to lead integrated and inclusive lives. To further these goals, a consumer may choose a tailored day service or vouchered community-based training service, in lieu of any other regional center vendored day program, look-alike day program, supported employment program, or work activity program.
(b) (1) A tailored day service shall do both of the following:
(A) Include an individualized service design, as determined through the individual program plan (IPP) and approved by the regional center, that maximizes the consumer’s individualized choices and needs. This service design may include, but may not be limited to, the following:
(i) Fewer days or hours than in the program’s approved day program, look-alike day program, supported employment program, or work activity program design.
(ii) Flexibility in the duration and intensity of services to meet the consumer’s individualized needs.
(B) Encourage opportunities to further the development or maintenance of employment, volunteer activities, or pursuit of postsecondary education; maximize consumer direction of the service; and increase the consumer’s ability to lead an integrated and inclusive life.
(2) The type and amount of tailored day service shall be determined through the IPP process, pursuant to Section 4646. The IPP shall contain, but not be limited to, both of the following:
(A) A detailed description of the consumer’s individualized choices and needs and how these choices and needs will be met.
(B) The type and amount of services and staffing needed to meet the consumer’s individualized choices and needs, and unique health and safety and other needs.
(3) The staffing requirements set forth in Section 55756 56756 of Title 17 of the California Code of Regulations and subdivision (r) of Section 4851 of this code shall not apply to a tailored day service.
(4) For currently vendored programs wishing to offer a tailored day service option, the regional center shall vendor a tailored day service option upon negotiating a rate and maximum units of service design that includes, but is not limited to, the following:
(A) A daily or hourly rate and maximum units of service design that does not exceed the equivalent cost of four days per week of the vendor’s current rate, if the vendor has a daily day program rate.
(B) A rate and maximum units of service design that does not exceed the equivalent cost of four-fifths of the hours of the vendor’s current rate, if the vendor has an hourly rate.
(5) The regional center shall ensure that the vendor is capable of complying with, and will comply with, the consumer’s IPP, individual choice, and health and safety needs.
(6) For new programs wishing to offer a tailored day service option, the regional center shall vendor a tailored day service option upon negotiating a rate and maximum units of service design. The rate paid to the new vendor shall not exceed four-fifths of the temporary payment rate or the median rate, whichever is applicable.
(7) Effective July 1, 2011, and prior to the time of development, review, or modification of a consumer’s IPP, regional centers shall provide information about tailored day service to eligible adult consumers. A consumer may request information about tailored day services from the regional center at any time and may request an IPP meeting to secure those services.
(c) (1) Notwithstanding subdivision (a), a consumer in a supported employment program or work activity program who has the stated goal of integrated competitive employment in his or her IPP may request to use tailored day services in conjunction with his or her existing program to achieve that goal, if both of the following criteria are met:
(A) The type, amount, and provider of tailored day service allowed under this subdivision shall be determined through the IPP process, pursuant to Section 4646.
(B) The IPP shall contain, but not be limited to, both of the following:
(i) A detailed description of the consumer’s individualized choices and needs detailing how these choices and needs will be met to achieve integrated competitive employment.
(ii) The type and amount of services and staffing needed to meet the consumer’s individualized choices and needs, and unique health and safety and other needs to gain integrated competitive employment.
(2) The following are the maximum hours of tailored day services that may be authorized in conjunction with existing services under this subdivision:
(A) For individuals currently receiving work activity program services, the IPP may authorize up to 75 hours of service per calendar quarter, the authorized hours shall be reduced from the individual’s work activity program hours, and the work activity program shall conform to the hourly billing process described in Section 4863.
(B) For individuals receiving group supported employment services, the IPP may authorize up to five hours a month of tailored day services in addition to the job coaching supports they receive on the job.

(c)

(d) (1) A vouchered community-based training service is defined as a consumer-directed service that assists the consumer in the development of skills required for community integrated employment or participation in volunteer activities, or both, and the assistance necessary for the consumer to secure employment or volunteer positions or pursue secondary education.
(2) Implementation of vouchered community-based training service is contingent upon the approval of the federal Centers for Medicare and Medicaid Services.
(3) Vouchered community-based training service shall be provided in natural environments in the community, separate from the consumer’s residence.
(4) A consumer, parent, or conservator vendored as a vouchered community-based training service shall utilize the services of a financial management services (FMS) entity. The regional center shall provide information about available financial management services and shall assist the consumer in selecting a FMS vendor to act as coemployer.
(5) A parent or conservator shall not be the direct support worker employed by the vouchered community-based training service vendor.
(6) If the direct support worker is required to transport the consumer, the vouchered community-based training service vendor shall verify that the direct support worker can transport the consumer safely and has a valid California driver’s license and proof of insurance.
(7) The rate for vouchered community-based training service shall not exceed fourteen dollars and ninety-nine cents ($14.99) per hour. The rate includes employer-related taxes and all transportation needed to implement the service, except as described in paragraph (8). The rate does not include the cost of the FMS.
(8) A consumer vendored as a vouchered community-based training service shall also be eligible for a regional center-funded bus pass, if appropriate and needed.
(9) Vouchered community-based training service shall be limited to a maximum of 150 hours per quarter. The services to be provided and the service hours shall be documented in the consumer’s IPP.
(10) A direct support worker of vouchered community-based training service shall be an adult who possesses the skill, training, and experience necessary to provide services in accordance with the IPP.
(11) Effective July 1, 2011, and prior to the time of development, review, or modification of a consumer’s IPP, regional centers shall provide information about vouchered community-based training service to eligible adult consumers. A consumer may request information about vouchered community-based training service from the regional center at any time and may request an IPP meeting to secure those services.
(12) The type and amount of vouchered community-based training service shall be determined through the IPP process pursuant to Section 4646. The IPP shall contain, but not be limited to, the following:
(A) A detailed description of the consumer’s individualized choices and needs and how these choices and needs will be met.
(B) The type and amount of services and staffing needed to meet the consumer’s individualized choices and unique health and safety and other needs.

(d)

(e) The department may adopt emergency regulations for tailored day service or vouchered community-based training service. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe specific facts showing the need for immediate action. A certificate of compliance for these implementing regulations shall be filed within 24 months following the adoption of the first emergency regulations filed pursuant to this subdivision.

SEC. 2.

 Section 4850.3 of the Welfare and Institutions Code is amended to read:

4850.3.
 (a)  The Legislature intends that in In order to increase effectiveness and opportunity to gain meaningful integrated competitive employment opportunities, pursuant to paragraph (1) of subdivision (a) of Section 4869, habilitation services shall also provide community-based vocational development services to enhance community employment readiness, develop social skills necessary for successful community employment, and build a network of community and employment opportunities for individuals with developmental disabilities.

(b)The department shall conduct a four-year demonstration project, pursuant to paragraph (1) of subdivision (a) of Section 4869, to determine whether community-based vocational development services increase integrated competitive employment outcomes and reduce purchase of service costs for working age adults.

(1) For purposes of this section,“community-based section, “community-based vocational development services” means (A) services provided to enhance community employment readiness, which may include the use of discovery and job exploration opportunities, (B) social skill development services necessary to obtain and maintain community employment, (C) services to use internship, apprenticeship, and volunteer opportunities to provide community-based vocational development skills development opportunities, (D) services to access and participate in postsecondary education or career technical education, and (E) building a network of community and employment opportunities.
(2) If community-based vocational development services are determined to be a necessary step to achieve a supported an integrated competitive employment outcome, a plan shall be developed through the IPP process and may include, but is not limited to, all of the following:
(A) An inventory of potential employment interests.
(B) Preferences for types of work environments or situations.
(C) Identification of any training or education needed for the consumer’s desired job.
(D) Opportunities to explore jobs or self-employment as a means to meet the consumer’s desired employment outcome.
(E) Identification of any personal or family networks the consumer may use to achieve his or her desired employment outcomes.
(3) The habilitation service provider and the regional center shall review the plan developed pursuant to paragraph (2) semiannually to document progress towards objectives, additional barriers, and other changes that impact the consumer’s desired employment outcome.
(4) The hourly rate for community-based vocational development services, for the purposes of this section, shall be forty dollars ($40) per hour for a maximum of 75 hours per calendar quarter for all services identified and provided in the community-based vocational development plan as developed pursuant to paragraphs (2) and (3). Prior to the implementation of community-based vocational development services, the department shall secure federal Medicaid funding for this service.
(5) Hours of participation in community-based vocational development services may be provided in lieu of hours of participation in other community-based day program services, as determined by the consumer’s individual program planning team, for up to two years. Community-based vocational development services may be authorized for an additional two years, if the consumer’s individual program planning team determines and documents at each semiannual review that the consumer is making significant progress toward the habilitation services objectives. A consumer’s participation in community-based vocational development services shall not exceed a total of four years.

(c)The department shall select up to five volunteer regional centers that reflect the geographic diversity of California to participate in the demonstration project.

(d)The department shall publish a notice on the department’s Internet Web site when the demonstration project has been implemented.

(e)(1)After conclusion of the demonstration project, the department shall review the effectiveness of the demonstration project and make determinations whether community-based vocational development services (A) increase employment outcomes, (B) reduce purchase of service costs, and (C) may be implemented on a statewide basis.

(2)The department shall notify the appropriate fiscal and policy committees of both houses of the Legislature of the determinations made pursuant to this subdivision.

(f)

(b) This section shall be implemented only to the extent that federal financial participation is available and any necessary federal approvals have been obtained.

(g)This section shall remain in effect only until January 1, 2025, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2025, deletes or extends that date.

SECTION 1.Section 4850.3 of the Welfare and Institutions Code is amended to read:
4850.3.

(a)It is the intent of the Legislature that in order to increase effectiveness and opportunity to gain meaningful integrated competitive employment opportunities, pursuant to paragraph (1) of subdivision (a) of Section 4869, habilitation services shall also provide community-based vocational development services to enhance community employment readiness, develop social skills necessary for successful community employment, and build a network of community and employment opportunities for individuals with developmental disabilities.

(b)The department shall conduct a four-year demonstration project, pursuant to paragraph (1) of subdivision (a) of Section 4869, to determine whether community-based vocational development services increase integrated competitive employment outcomes and reduce purchase of service costs for working age adults.

(1)For purposes of this section,“community-based vocational development services” means all of the following:

(A)Services provided to enhance community employment readiness, that may include the use of discovery and job exploration opportunities.

(B)Social skill development services necessary to obtain and maintain community employment.

(C)Services to use internship, apprenticeship, and volunteer opportunities to provide community-based vocational development skills development opportunities.

(D)Services to access and participate in postsecondary education or career technical education.

(E)Building a network of community and employment opportunities.

(2)If community-based vocational development services are determined to be a necessary step to achieve a supported employment outcome, a plan shall be developed and may include, but is not limited to, all of the following:

(A)An inventory of potential employment interests.

(B)Preferences for types of work environments or situations.

(C)Identification of any training or education needed for the consumer’s desired job.

(D)Opportunities to explore jobs or self-employment as a means to meet the consumer’s desired employment outcome.

(E)Identification of any personal or family networks the consumer may use to achieve his or her desired employment outcomes.

(3)The habilitation service provider and the regional center shall review the plan developed pursuant to paragraph (2) semiannually to document progress towards objectives, additional barriers, and other changes that impact the consumer’s desired employment outcome.

(4)The hourly rate for community-based vocational development services, for the purposes of this section, is forty dollars ($40) per hour for a maximum of 75 hours per calendar quarter for all services identified and provided in the community-based vocational development plan as developed pursuant to paragraphs (2) and (3). Prior to the implementation of community-based vocational development services, the department shall secure federal Medicaid funding for this service.

(5)Hours of participation in community-based vocational development services may be provided in lieu of hours of participation in other community-based day program services, as determined by the consumer’s individual program planning team, for up to two years. Community-based vocational development services may be authorized for an additional two years, if the consumer’s individual program planning team determines and documents at each semiannual review that the consumer is making significant progress toward the habilitation services objectives. A consumer’s participation in community-based vocational development services shall not exceed a total of four years.

(c)The department shall select up to five volunteer regional centers that reflect the geographic diversity of California to participate in the demonstration project.

(d)The department shall publish a notice on the department’s Internet Web site when the demonstration project has been implemented.

(e)(1)After conclusion of the demonstration project, the department shall review the effectiveness of the demonstration project and make determinations whether community-based vocational development services can do all of the following:

(A)Increase employment outcomes.

(B)Reduce purchase of service costs.

(C)Be implemented on a statewide basis.

(2)The department shall notify the appropriate fiscal and policy committees of both houses of the Legislature of the determinations made pursuant to this subdivision.

(f)This section shall be implemented only to the extent that federal financial participation is available and any necessary federal approvals have been obtained.

(g)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.