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SB-349 Home- and community-based services waiver for the developmentally disabled: sheltered work.(2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Senate Bill
No. 349


Introduced by Senator Walters

February 20, 2013


An act to add Section 14132.993 to the Welfare and Institutions Code, relating to Medi-Cal.


LEGISLATIVE COUNSEL'S DIGEST


SB 349, as introduced, Walters. Home- and community-based services waiver for the developmentally disabled: sheltered work.
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing federal law provides for various home- and community-based services waivers.
This bill would require a provider of sheltered work under a specified home- and community-based services waiver to demonstrate that the provider is transitioning at least 20 percent of its clients annually into integrated, individualized employment settings, with or without support, in order to get reimbursed under the waiver.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) It is good public policy to increase the number of Californians with developmental disabilities who pay taxes and are self-sufficient and involved in their communities.
(b) Individuals with developmental disabilities can and would prefer to work and are entitled to the supports and services necessary to do so.
(c) The Americans with Disabilities Act recognizes the rights of people with developmental disabilities to live, recreate, and work in integrated, community-based settings. Title II of the Americans with Disabilities Act requires states to provide qualified individuals with disabilities with services and programs in the most integrated setting appropriate to their needs.
(d) People with developmental disabilities are an important and largely untapped employment and economic resource.
(e) Research demonstrates that wages and hours worked increase dramatically as individuals move from sheltered or facility-based employment to integrated employment, and suggests that other benefits include an increase in earnings and taxes paid, reduced reliance on publicly funded services, expanded social relationships, heightened self-determination, and more typical job acquisitions and job roles.
(f) Increasing integrated and gainful employment opportunities for people with developmental disabilities requires collaboration and cooperation by state and local agencies, including, but not limited to, the State Department of Developmental Services and regional centers, the State Council on Developmental Disabilities, the Employment Development Department, the Department of Rehabilitation, and the State Department of Education.
(g) Working-age Californians who have developmental disabilities have an unemployment rate as high as 80 percent and traditional approaches to increase employment rates through training and employer outreach have not been sufficient to solve this problem.
(h) The federal Centers for Medicare and Medicaid Services states that Medicaid-financed prevocational services to sheltered workshops are “not an end point, but a time limited [although no specific limit is given] service for the purpose of helping someone obtain competitive employment.”
(i) Sheltered workshops are not doing what the Medicaid Program is paying them to do. Between 2007 and 2010, sheltered workshops in California transitioned less than 5 percent of workers into integrated employment.

SEC. 2.

 Section 14132.993 is added to the Welfare and Institutions Code, to read:

14132.993.
 (a) In order for a provider of sheltered work to be reimbursed under the home- and community-based waiver for the developmentally disabled under Section 1915(c) of the federal Social Security Act (42 U.S.C. Sec. 1396n(c)), the provider shall demonstrate that the provider is transitioning at least 20 percent of its clients annually into integrated, individualized employment settings, with or without support.
(b) For the purposes of this section, “sheltered work” also means “facility-based employment” or “center-based employment.”
(c) The department shall seek any necessary federal approvals to implement this section.