program will be hit heards, the follow email talk about the cuts.
CDCAN DISABILITY RIGHTS REPORT
#183-2010 – OCTOBER 7, 2010 – EARLY THURSDAY AM
CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK: Advocacy Without Borders: One Community – Accountability With Action - California Disability Community Action Network Disability Rights News goes out to over 55,000 people with disabilities, mental health needs, seniors, traumatic brain & other injuries, veterans with disabilities and mental health needs, their families, workers, community organizations, including those in Asian/Pacific Islander, Latino, African American communities, policy makers and others across California.
To reply to this report write: MARTY OMOTO at martyomoto@rcip.com WEBSITE: www.cdcan.us TWITTER: www.twitter.com - “MartyOmoto”
California Budget Crisis:
AB 1613 - Health Budget Trailer Bill Contains Nursing Home Quality Assurance Fee, Regional Center & Developmental Center Budget Cuts and Changes
4.25% Cut to Most Regional Center Providers Will Be Retroactive to July 1, 2010 through June 30, 2011
SACRAMENTO, CALIF (CDCAN) [Updated 10/07/2010 6:40 AM (Pacific Time)] – Details on the reductions in the budget agreement to be voted today by the Assembly and State Senate impacting health programs were released early this morning in a budget related (trailer) bill – AB 1613 as amended 10/6/2010. [A pdf copy of the 187 page bill, AB 1613, titled “20101006-AB1613(AsAmended10062010.pdf”, is attached to this report and can be downloaded also from the CDCAN website at www.cdcan.us - apologize for the huge size of the bill – but it is important that people have this to review – Marty Omoto, CDCAN]
This particular budget “trailer” bill [called that because it makes necessary changes in state law to implement the main budget bill, which is signed first – which it follows or trails] also includes provisions dealing with regional centers and developmental centers, Medi-Cal, nursing homes quality assurance fee, Healthy Families and mental health. [This report focuses on regional centers and developmental centers - see separate CDCAN Report covering the other health issues. See CDCAN Report $182-2010 for details on AB 1612, the budget trailer bill focusing on human services including In-Home Supportive Services]
The Assembly and State Senate are scheduled to begin meeting at 11:00 AM this morning (October 7) for debate and final vote on the budget agreement reached by the Governor and the four Democratic and Republican legislative leaders. Most observers expect a long debate on agreement – though it appears there are the votes necessary to pass the spending plan.
Legislative officials said that the budget agreement will be contained in 20 separate bills (including the main budget bill) and 1 constitutional amendment (containing budget reforms proposed by the Governor that would appear on the ballot for voter approval in 2012). AB 1613 (health) and AB 1612 (human services including IHSS, CalWORKS) are just two of those 20 budget related bills.
DETAILS OF CUTS AND OTHER CHANGES IMPACTING REGIONAL CENTERS AND DEVELOPMENTAL CENTERS
The following is CDCAN summary of details regarding the reductions and other changes in the budget agreement as contained in the budget trailer bill, AB 1613 as amended 10/06/2010:
4.25% Cut To Most Regional Center Providers
* Requires the 21 non-profit regional centers to reduce payments to most regional center providers by 4.25% from July 1, 2010 to June 30, 2011, unless the regional center demonstrates that a non-reduced payment is necessary to protect the health and safety of the individual for whom the services and supports are proposed to be purchased, and the Department of Developmental Services has granted prior written approval for that exemption.
* Regional centers shall not reduce payments (continues existing State law that applied to the existing 3% payment reduction to most regional center providers) for the following: (1) Supported employment services with rates set by Section 4860 of the Welfare and Institutions Code (20 Services with “usual and customary” rates established pursuant to Section 57210 of Title 17 of the California Code of Regulations, (3) Payments to offset reductions in Supplemental Security Income/State Supplementary Payment (SSI/SSP) benefits for consumers receiving supported and independent living services.
* Would, between July 1, 2010 and June 30, 2011, subject to certain conditions, permit a regional center, for providers who are subject to the 4.25% payment reduction, with certain exceptions, to temporarily modify personnel requirements, functions, or qualifications, or staff training requirements.
* Would, from July 1, 2010, to June 30, 2011, suspend the required annual review and reporting requirements that are imposed on providers whose payment is reduced by 4.25%
* CDCAN Note: No mention is made of continuation of reduction to regional center operations.
Lanterman Developmental Center Closure and Transition
· Extends many of the above-described provisions concerning the closure of the Agnews Developmental Center to the Lanterman Developmental Center.
· Provides that for the Lanterman Developmental Center, the use of department state employees is in effect for up to 2 years following the transfer of the last resident of Lanterman Developmental Center.
· Requires the Department of Developmental Services to prepare a report on the use of the department’s state employees in providing services in the community to assist in the orderly closures of Agnews Developmental Center and Lanterman Developmental Center.
· Require sthe report to be submitted with the Governor’s proposed state budget for the 2012–2013 fiscal year to the budget committees of both houses of the Legislature and annually thereafter.
Adequate Notice Of Change of Service In Individual Program Plan (IPP)
· Existing California law requires a service agency, which is defined as a developmental center or regional center that receives state funds to provide services to persons with developmental disabilities, to provide adequate notice, to an applicant for, or recipient of, services from the service agency, and to the applicant’s or recipient’s authorized representative, if any, prior to the agency making a decision without the mutual consent of the service recipient or authorized representative to reduce, terminate, or change services set forth in an Individual Program Plan (IPP) or prior to a recipient being determined to be no longer eligible for agency services.
· This bill requires the notice to inform the recipient and authorized representative of whether or not the individual is eligible for an exemption or exception to the action the service agency proposes to take, and the specific law supporting the exemption or exception.
Adult Residential Facilities for Persons With Special Health Care Needs (ARFPSHN)
· Existing California law, until January 1, 2011, authorizes the Department of Social Services and the Department of Developmental Services, to jointly establish and administer a pilot project for licensing and regulating Adult Residential Facilities for Persons with Special Health Care Needs (ARFPSHN), to the extent that funds are appropriated in the state budget.
· Existing state law authorizes the Department of Social Services to, subject to certain conditions, license an ARFPSHN to provide 24-hour services to up to 5 adults with developmental disabilities who have special health care and intensive support needs.
· This bill would indefinitely extend the duration of the above-described program and would make conforming changes. This bill would impose a state-mandated local program by changing the definition of crimes provided for under the California Community Care Facilities Act.
· Existing state law provides that an ARFPSHN may be established in a facility financed under certain provisions under which the Department of Developmental Services approves a regional center proposal to provide for housing for persons eligible for regional center services.
· This bill would, instead, require that an ARFPSHN may only be established in a facility approved by the Department of Developmental Services to provide for housing for persons eligible for regional center services or through an approved regional center community placement plan.
· Also provides that the Department of Developmental Services shall only approve the development of ARFPSHNs that are directly associated with the orderly closure of the Lanterman Developmental Center.
· Existing state law prohibits a regional center from paying a rate to any ARFPSHN for any consumer that exceeds the average annual cost of serving a consumer at Agnews Developmental Center, as determined by the Department of Developmental Services.
· This bill would prohibit a regional center from paying a rate to any ARFPSHN for any consumer that exceeds the rate in the Department of Developmental Services approved community placement plan for that facility unless the regional center demonstrates that a higher rate is necessary to protect a consumer’s health and safety and the department has granted prior written authorization.
Private Health Insurance
· Under state existing law, an entity providing private health care coverage is required to respond to inquiries of, and agree not to deny claims submitted by, the state, in connection with the provision of a health care item or service.
· Existing state law requires a claim for payment to be made within 3 years after provision of the relevant health care item or service.
· AB 1613 would extend the above requirements imposed upon an entity providing private health care coverage to include inquiries and claims submitted by providers, as defined.
Intermediate Care Facilities (ICFs)
· AB 1613, with this specific provision effective July 1, 2007, would require certain types of licensed intermediate care facilities for persons with developmental disabilities (ICF-DDs), to be responsible for providing day treatment and transportation services that are selected and authorized through an Individual Program Plan (IPP), for each person receiving those services who resides in that licensed ICF-DD.
· AB 1613 would require the regional centers to arrange the day treatment and transportation services and would require the licensed ICF-DDs to reimburse the regional center for the full costs of making disbursements to day treatment and transportation service providers.
· Requires the Department of Developmental Services to be responsible for reimbursing a licensed ICF-DD for the costs of reimbursing the regional center for the full cost of making disbursements for day treatment and transportation services, plus a coordination fee which will include an administrative fee and reimbursement for increased costs associated with the quality assurance fee.
· This bill (AB 1613), with these provisions effective July 1, 2007, would authorize the Department of Developmental Services to make a supplemental payment to an enrolled Medi-Cal provider that is a licensed ICF-DD for day treatment and transportation services provided to persons receiving Medi-Cal residing in the ICF-DDs.
· Require the Department of Developmental Services to amend the regional center contracts for the 2007–2008 State budget year to extend the contract liquidation period until June 30, 2011.
· Requires the Department of Health Care Services to request approval from the federal Centers for Medicare and Medicaid Services for the implementation of these provisions.
· Provides that if after seeking federal approval, federal approval is not obtained or federal financial participation is no longer available, these provisions shall not be implemented or shall become inoperative.
· AB 1613 and these provisions would provide that due to a change in the availability of federal funding that addresses the ability of California to capture additional federal financial participation for day treatment and transportation services provided to a person receiving Medi-Cal residing in a licensed ICF-DD, certain funds appropriated in the Budget Act of 2007 shall be available for liquidation until June 30, 2011, which would extend the term for which existing appropriation is available, making an appropriation.
· Existing State law requires that, as a condition of participation in the Medi-Cal program, there be imposed a quality assurance fee each state fiscal year upon the entire gross receipts, as defined, of a designated intermediate care facilities. Existing state law requires that the fee be placed in the General Fund and allocated to intermediate care facilities to support their quality improvement efforts, and distributed to each facility based on the number of Medi-Cal patients at the eligible facility. Existing state law requires the department to seek federal approval for the implementation of the fee.
· AB 1613 would provide that upon approval of the above-described Medicaid state plan amendment authorizing reimbursement for day treatment and transportation services provided on or after July 1, 2007, the reimbursement payments made by the Department of Developmental Services to the ICF-DDs shall be subject to this quality assurance fee.
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MANY, MANY THANKS TO BOB BENSON, the Pacific Homecare Services, Easter Seals, California Association of Adult Day Health Centers, Valley Mountain Regional Center, Toward Maximum Independence, Inc (TMI), Friends of Children with Special Needs, UCP of Los Angeles, Ventura and Santa Barbara Counties, Southside Arts Center, San Francisco Bay Area Autism Society of America, Hope Services in San Jose, FEAT of Sacramento (Families for Early Autism Treatment), RESCoalition, Sacramento Gray Panthers, Bill Wong, Easter Seals of Southern California, Tri-Counties Regional Center, Westside Regional Center, Regional Center of the East Bay, UCP of Orange County, Alta California Regional Center, Life Steps, Parents Helping Parents, Work Training, Foothill Autism Alliance, Arc Contra Costa, Pause4Kids, Manteca CAPS, Training Toward Self Reliance, UCP, California NAELA, Californians for Disability Rights, Inc (CDR) including CDR chapters, CHANCE Inc, , Strategies To Empower People (STEP), Harbor Regional Center, Asian American parents groups, Resources for Independent Living and many other Independent Living Centers, several regional centers, People First chapters, IHSS workers, other self advocacy and family support groups, developmental center families, adoption assistance program families and children, and others across California.
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