Summary of New Bills Impacting People With Developmental Disabilities

SACRAMENTO  - Several measures specifically impacting people with developmental disabilities were introduced before the February 20th bill introduction deadline including a new bill by Assemblymember Keith Richman (R-Northridge) that deals with what happens to Developmental Center property and assets once the institution is scheduled for closure.  [note: See other separate CDCAN Capitol News Reports issued 2/25 on bills introduced related to IHSS, ADA or disability access issues]

Richman introduced similar legislation last year - AB 200, which died in Assembly Appropriations Committee.

Two bills were introduced that touch on the controversial issue of requiring parents of children with developmental disabilities, who live at home and receive regional center funded services, to pay some level of the cost of those services.  Both houses and the Governor approved the of the plan olsat year to go into effect on July 1, 2004 - but required the Department of Developmental Services to present a detailed implementation plan by April 1, 2004 for approval.

AB 1821 was introduced earlier in January, by Assemblywoman Rebecca Cohn (D-Saratoga), the new Assembly Health Committee Chair, covers the issue of parental share of cost for regional center services for their children with developmental disabilities. The issue is controversial, and is part of the previous Governor's 2003-04 budget  and a part of Governor Schwarzenegger's budget proposal for 2004-2005.  The bill was introduced to be the vehicle to contain the actual implementation plan that the Department of Developmental Services is required to submit to the Legislature by April 1, 2004.  The Department of Developmental Services plans to release a draft version of that plan possibly as early as next week to allow the public to make comments.

Assemblyman Richman introduced last week, AB 2775 that requires a study to measure performance and outcomes of services provided to people with develomental disabilities; authorization to increase charges that the State can assess against a person with developmental disabilities (or their estate) in a intermediate care facility for the developmentally disabled (ICF/DD) and finally a provision that requires what the Department of Developmental Services is already required to do, as a result of the budget passed in July: to draft a implementation plan for a parental payment/share of cost program, which, if approved by the Legislature and Governor, would go into effect July 1, 2004.  It is not clear yet if Richman intends his bill to be a budget related (or trailer bill) on this issue, like AB 1821.

SUMMARY OF LEGISLATION INTRODUCED SPECIFICALLY IMPACTING PEOPLE WITH DEVELOPMENTAL DISABILITIES
Listed in bill order (Senate bills first). Please note that this summary does NOT include bills currently still alive and moving through the process.  A full report on those bills will be issued later this week.

SB 1364 - STATE COUNCIL ON DEVELOPMENTAL DISABILITIES
AUTHOR: Senator Wes Chesbro (D-Arcata)
STATUS: Introduced 2/19/04 (not yet referred to a policy committee).
NEXT STEPS: Can be heard or acted upon on or after March 20.
WHAT THIS BILL WOULD DO:  Would revise the qualification of members appointed to the State Council on Developmental Disabilities to replace "immediate relatives" for "sibling". Also would make a minor technical change regarding appointment of an Area Board on Developmental Disabilities chairperson.
WHO THIS IMPACTS: Changes proposed are minor and technical (at this point).  Members and staff of the State Council on Developmental Disabilities, Area Boards.

SB 1819 - MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES: CONFIDENTIAL INFORMATION
AUTHOR: Senator Roy Asburn (R-Bakersfield)
STATUS: Introduced 2/19/04 (not yet referred to a policy committee)
NEXT STEPS: Can be heard or acted upon on or after March 20.
WHAT THIS BILL WOULD DO: Would authorize disclosure to a state civil service employee against whom an adverse action has been filed  necessary to defend against the action, records and information of a person with developmental disabilities.
WHO THIS IMPACTS: Persons with developmental disabilities, families, presumably state employees in developmental centers and similar institutions, regional centers.

AB 1956 - DIVERSION - DEFENDANTS WITH DEVELOPMENTAL DISABILITIES
AUTHOR: Assemblymember Lois Wolk (D-Davis)
STATUS: Introduced 2/13/04.  May be heard in committee on or after March 14
NEXT STEPS: Not yet referred to a policy committee.
WHAT THE BILL DOES:   Would expand existing treatment and habilitation program for a person with mental retardation, who is being prosecuted for an offense, by replacing the term "mental retardation" with "cognitive developmental disabilities" so that persons with autism or other cognitive developmental disabilities (other than mental retardation) can enter the diversion program and receive services.
WHO THIS IMPACTS: Persons with developmental disabilities being prosecuted for an offense and who are in these programs

AB 2774  - DEVELOPMENTAL CENTERS
AUTHOR: Assemblymember Keith Richman (R-Northridge)
STATUS: Introduced 2/20/04 (not yet referred to a policy committee - likely Assembly Human Services)
NEXT STEPS:  Can be heard or acted on after March 20.
Committee. Must wait 30 days from the date of introduction, before being heard in committee.
WHAT THE BILL DOES: Authorizes the Department of Developmental Services to sell or lease at fair market value the state-owned property of developmental centers that are closed and would require that the proceeds be placed in a "State Developmental Services Community Living Fund", established by the bill, which would be required to be used by the department, upon appropriation by the Legislature, for displaced consumer needs.
Requires the department to conduct a study regarding the need for the establishment of new facilities, including, but not limited to, secured treatment facilities, regional developmental centers, and other housing needs, with this study to be completed, and a report to be submitted to the Legislature by January 1, 2006.
WHO THIS IMPACTS: People with developmental disabilities (and their families) in developmental centers; people with developmental disabilities and families in communities; regional centers, developmental centers

AB 2775 - PARENTAL CO-PAYMENTS
AUTHOR: Assemblyman Keith Richman (R-Northridge)
STATUS: Introduced 2/22/04 (not yet referred to a policy committee)
NEXT STEPS: Can be heard or acted on after March 22.
WHAT THIS BILL DOES:
* Would require the Department of Developmental Services  to enter into a contract with a university or policy institute to develop quality of care and outcome measurement data regarding services provided for  people with developmentally disabilities.
* Would require the Department of Developmental Services to adjust its charges to a person with developmental disabilities (and his or her estate), for care  provided in an intermediate care facility/developmentally disabled (IFC/DD), as defined, in consideration of the increased costs associated with that level of care.
* Would  require the Department of Developmental Services to implement a parental payment (or share of cost) plan, as already required in existing law for children under 18 receiving 24 hour out-of-home care services, and a new parental share of cost or co-payment implementation plan for children 3-17 who live at home and receive regional center funded services, that is due to the Legislature on April 1, 2004
BACKGROUND: The parental payment/share of cost issue, like AB 1821, is a controversial issue that is linked directly to the current budget - and for the budget next year.  This bill covers three potentially broad areas: proposal to allow the Department of Developmental Services to increase charges that can be assessed against a person with developmental disabilities (and their estate)  in a ICF/DD due to increased costs;  a study to measure performance and outcome of services (not certain if it includes both services in the community and in institutional settings); and finally a provision that only states - at this point - what already is in law now, that the Department of Developmental Services is required to implement a parental or family payment or share of cost plan.  It is not certain if this provision or the bill itself will become a budget related (or trailer bill) for that issue.
WHO IS IMPACTED: Children and adults with developmental disabilities, families, community organizations, regional centers, developmental centers, advocates
 

CONTRIBUTIONS NEEDED TO CONTINUE ADVOCACY EFFORT
VERY VERY URGENT!!!! Many thanks again,  to the friends, people with disabilities and their families, community organizations and others who have sent in generous and needed contributions and donations (individual thank you letters will be coming soon!). However, until grant funding is finalized, contributions from people and organizations is still very urgently needed to keep the advocacy efforts going for the next several months. Please make check or money order  to:  California Disability Community Action Network/Marty Omoto (or abbreviate CDCAN). CDCAN is not yet a non-profit organization (work on this will have this happen in within the next few months) Send contributions to: California Disability Community Action Network,  1225 8th Street Suite #480, Sacramento, CA  95814.  A method to contribute by credit card (through Paypal) is being set up on our website, at www.cdcan.org.

FOR MORE INFORMATION ABOUT THIS ACTION ALERT
* This is a NON-PARTISAN online news report  of the non-partisan California Disability Community Action Network, a link to thousands of Californians with developmental and other disabilities, their families, community organizations and providers, direct care and other workers, and other advocates. These reports (formerly the CA UCP Capitol Reports) are for all of them.  This report goes to thousands of people with developmental and other disabilities, their families, community providers and organizations, direct care and other workers and advocates across California. In addition it also goes to news organizations, state and local government officials and staff.
* If you would like to get on this distribution (and conversely, get off of it) please send an email with that  request to:  martyomoto@rcip.com. Sharing information is part of our organizing effort. Please feel free to forward or copy  this (attribution is nice). We're all in this together!
Marty Omoto, director/organizer
California Disability Community Action Network
1225 8th Street Suite 480 Sacramento, CA 95814   VOICE PHONE: 916/446-0013
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