Today's Law As Amended


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SB-1024 Developmental services: supported employment. (2015-2016)



As Amends the Law Today


SECTION 1.
 (a) The Legislature finds and declares all of the following:
(1) California’s Employment First Policy and the federal Workforce Innovation and Opportunity Act recognize that competitive, integrated employment is an essential component for individuals with intellectual and developmental disabilities to lead productive and meaningful lives, be a part of their communities, make friends, and earn money to help improve their economic outcomes and status.
(2) The Developmental Disabilities System Employment Data Dashboard reports that in 2012, only 12.4 percent of working age individuals with developmental disabilities reported any income at all. The State Council on Developmental Disabilities’ report to the Legislature in 2013 indicated that 92 percent of working age regional center clients reported not having a job in the community.
(3) The key service for helping individuals with developmental disabilities find, obtain, and maintain competitive, integrated employment is individual placement supported employment, which consists of support by a job coach to an individual to help him or her adapt to the work environment and learn to perform the work. Since the passage of California’s Employment First Policy, the number of Californians with intellectual and developmental disabilities receiving individual placement supported employment services has declined by over 500 individuals. There is a clear need to reestablish and grow this important service based on consumer demand.
(4) The Centers for Medicare and Medicaid Services has issued new rules for home- and community-based services that are intended to ensure that individuals receive services in settings that are integrated in and support full access to the greater community, including opportunities to seek employment and work in competitive and integrated settings. In order to maintain federal funding for services, all services must comply with the new rules by March 2019.
(b) In enacting this act, it is the intent of the Legislature that both of the following occur:
(1) Consistent with California’s Employment First Policy and the forthcoming federal home- and community-based services rules, incentivize individualized services to transition individuals with intellectual and developmental disabilities into competitive, integrated employment, and protect federal financial participation.
(2) Direct the State Department of Developmental Services to review the ratesetting methodology for individual placement supported employment as a priority in the state’s rate study that is required on or before March 1, 2019.

SEC. 2.

 Section 4860.1 is added to the Welfare and Institutions Code, to read:

4860.1.
 (a) To the extent funds are appropriated by the annual Budget Act or by Chapter 3 of the Second Extraordinary Session of the Statutes of 2016, the department shall provide for a clear financial incentive in order to encourage the development of and support for consumers in individual supported employment in integrated work settings. The incentive shall establish at least a 10 percent rate differential for individual supported employment services.
(b) The department may adjust the rate for individual placement supported employment services to administer the incentive payment in the manner described in paragraph (1) of subdivision (a) of Section 4860.
(c) The department shall consider a new rate setting methodology for employment and habilitation services as a priority to ensure consumers are offered choice and opportunity in community living under the provisions of the Lanterman Developmental Disabilities Services Act.

SEC. 3.

 Section 4860.2 is added to the Welfare and Institutions Code, to read:

4860.2.
 The department shall review the need for clarifying placement fees and bonus payments in the state’s employment programs under the jurisdiction of both the Department of Developmental Services and the Department of Rehabilitation, consistent with the federal laws and regulations governing the financing of those services in both departments and shall report each year, to the Legislature, in compliance with Section 9795 of the Government Code, during the annual budget process regarding the number of people serviced and information concerning the priority consumers have about access to employment opportunities. The report shall also present relevant information regarding wages paid to these consumers, educational and skill development activities, and the relative poverty indicators linked to the service population served by the Lanterman Developmental Disabilities Services Act.