Chapter 1.6General Provisions
Section § 4507
This law states that having a developmental disability isn't reason enough on its own for someone to be placed into a legal commitment, like being sent to a mental health facility. Instead, people with developmental disabilities should receive appropriate services. If a person with a developmental disability is considered dangerous to themselves or others, they can be committed through the court system, but only if there's proven evidence of the danger.
Section § 4508
This section allows people with developmental disabilities to be temporarily released from developmental centers for up to twelve months. A minor needs their parent's consent, while adults need their own or their guardian's consent. During this time, they will receive services from a regional center. Importantly, they can return to the developmental center at any time during this provisional placement period.
Section § 4510
This law requires three California state departments to work together to create and implement a program that ensures there are enough living arrangements available for people they serve. These living arrangements should be established both in communities and state hospitals. The departments must consult with local government organizations, advocates for clients receiving residential care, and providers of these services to develop these procedures.
Section § 4511
This law emphasizes the importance of supporting people with developmental disabilities and their families by providing them with information, skills, and coordination. It highlights the role of training to improve cooperation among consumers, families, regional centers, and service providers. The department is tasked with organizing training, which could cover topics like health and safety, rights, communication, and community inclusion, as long as resources are available. The training should use existing tools when possible and must include evaluations. An advisory group will help guide the training content and assess its effectiveness.
Section § 4511.1
This law emphasizes the importance of implicit bias training for employees and contractors of regional centers that serve people with developmental disabilities in California. The training aims to improve service access and equity by raising awareness and developing skills to address bias. The Department of Developmental Services will oversee the content and frequency of the training, which is required for personnel involved in eligibility and service coordination activities. Regional centers must keep records of training completion, and they are encouraged to involve trainers who reflect the diversity of clients served. The training will focus on recognizing and addressing implicit bias, its impacts, and steps to mitigate it. The law's implementation depends on state funding, though centers are encouraged to continue training efforts as much as possible without specific legislative funds.
Section § 4511.5
This law acknowledges the vital role of direct service professionals who support individuals with intellectual and developmental disabilities. It emphasizes the need for enhanced training that is person-centered, culturally sensitive, and improves service outcomes.
The goal is to enrich the quality of services, focusing on health, safety, and promoting dignity through self-determination. Key training components will include competency-based and tiered certification, continuing education, and defined outcome measures.
The department must work with various stakeholders, including consumers, families, and service providers, to develop and execute this training. The implementation depends on funding as allocated in the state's annual budget.
Section § 4511.6
This section requires the department to develop a pilot project that tests remote consumer services through technology. The goal is to evaluate if such services can help people lead more independent lives, offer better access to bilingual services, and reduce the need for in-person support.
The project involves selecting a diverse group of participants with different needs, and collaborating with an experienced external organization for project design and evaluation. Providers for this project should be chosen by March 1, 2023. There's a mandate to update the Legislature regularly and submit a final report by January 10, 2026.
This initiative is exempt from typical contract requirements but needs legislative funding to proceed. It will expire on January 1, 2030.
Section § 4512
This section defines key terms for California's laws regarding developmental disabilities. A developmental disability starts before age 18, has significant impact, and includes conditions like intellectual disability, cerebral palsy, epilepsy, and autism, but not purely physical disabilities. Children under five can temporarily qualify for services if they have considerable struggles in activities like self-care or communication. They will be reassessed around age five to confirm ongoing eligibility. Supports include everything from therapy to community integration and are tailored through an individual program plan based on personal needs and preferences. The law also describes what constitutes a 'substantial disability', which involves major life activity limitations. Various terms like 'natural supports', 'circle of support', and 'voucher' relate to the help and services provided to those with developmental disabilities and their families.
Section § 4513
This law outlines the process for funding special projects by regional centers using state-allocated funds in California. Regional centers must show community support for their proposed projects. When deciding on funding, the department considers several factors, including the center's commitment and capability to carry out the project, past successes or failures, and local demand for the service. The department can ask for progress reports and will evaluate each funded project with input from various stakeholders like consumers and families. Results of these evaluations must be made publicly available, and successful projects should be encouraged to be replicated in other areas.
Section § 4514
This section describes how information and records relating to people with developmental disabilities are kept confidential and when they can be disclosed. Confidential details can be shared with professionals providing care, with proper consent from the individual or their guardian. They can also be shared for health claims, legal matters, or research under strict regulations. There are specific scenarios where information can be released, such as to law enforcement if a crime is involved, or for certain governmental agency investigations. In each case, there's an emphasis on protecting personal data and consent, with requirements for proper authorization and confidentiality preservation.
Section § 4514.3
This law requires that information and records be shared with a special protection and advocacy agency designated by the Governor of California. This is to ensure the rights of people with developmental disabilities are protected under a federal law called the Developmental Disabilities Assistance and Bill of Rights Act of 2000. The information sharing must follow specific rules outlined in another section of the legal code.
Section § 4514.5
If a family member or designated person requests information about a resident in a state hospital or similar facility, the facility must provide details like the resident's presence, transfer, diagnosis, medications, and progress, but only if the resident has agreed to share this. If the resident can't give consent initially, the facility must keep trying daily to get it. Family members like a spouse, parent, child, or sibling may receive certain information even if the resident can't consent, unless federal laws say otherwise. The facility is also required to inform them about the resident's release or death upon request, but they don't have to provide photocopies of medical records as part of this process.
Section § 4515
This section outlines that whenever someone with a developmental disability, their parent, guardian, or conservator consents to the release of their personal information, a signed consent form must be completed. This form should specify the exact use, the information being released, who it will be released to, and who has the authority to release it. Each form must be noted in the person's file, and those signing the consent must receive a copy.
Section § 4516
If information about a person with a developmental disability is shared legally, the doctor or professional responsible must immediately note in the person's medical record when and why the information was shared, who it was shared with, and what specific details were disclosed.
Section § 4517
This section allows the collection and sharing of statistical data by government bodies or researchers, as long as it follows the standards set by the Director of Developmental Services.
Section § 4518
If someone has deliberately shared confidential information about you without your permission, you have the right to sue them. You can be awarded at least $500 or three times the amount of any damages you've suffered, whichever is more.
You can also ask the court to stop the release of your private information and claim damages at the same time. You do not need to prove that you suffered actual harm to take legal action.
Section § 4519
This law states that state funds should not be used for services outside California unless a specific plan is approved by the Director of Developmental Services. Before any out-of-state service is considered, a thorough assessment and meeting must ensure no California options can meet the consumer's needs. If an out-of-state service is authorized, it can initially be for six months and requires re-evaluation for extension. Additionally, regional centers can't use funds for staff travel out of state unless authorized. If a consumer is placed out of state, a detailed report on efforts to find in-state solutions must be prepared and updated regularly. There are exceptions for services in border areas next to California. Regional centers also had to submit transition plans for consumers out of state by the end of 2012, and this law is effective as of January 1, 2022.
Section § 4519.10
This section focuses on reforming the way rates are determined for service providers of individuals with developmental disabilities in California. It aims to make the rate structures clearer, outcome-focused, and fairer, considering different regional costs and the need for services in multiple languages.
A study recommended various improvements, but full implementation requires substantial additional funding. The law intends to gradually implement these rate changes starting from the 2021–22 fiscal year, with full implementation by July 1, 2025.
Rate increases will focus on improving wages for direct care staff. Additionally, a quality incentive program will be established to enhance the services' effectiveness and responsiveness to individual needs.
The law specifies the use of federal Medicaid funds where possible and sets timelines for implementing various rate and quality measures. Providers must comply with both state and federal guidelines and will be subject to audits to ensure rate increases benefit direct care professionals. A progress report to the legislature on these reforms is scheduled for March 1, 2024.
This section emphasizes a shift from a compliance-based to a person-centered, outcomes-based system, aligning with values like consumer experience, equity, systemic efficiency, and quality of outcomes.
Section § 4519.11
This law states that starting on July 1, 2025, and every two years after that, the department will review and update rate models based on current cost information and share these updated models online by January 1 of the following year.
Changes to provider rates depend on whether the Legislature allocates money in the annual Budget Act and if federal funding is approved. The term 'rate model' refers to those included in a specific rate study submitted to the Legislature.
Section § 4519.2
This law requires the Department of Developmental Services, through the Developmental Services Task Force, to find key indicators for evaluating how regional centers deliver services. The department must work with stakeholders to recommend measures and improvements, aiming to better customer service, communication, and best practices by January 2021.
Regional centers need to post information online about providers' compliance with federal standards by April 2020, updating it every six months until compliance is achieved. They must report this data to the Legislature by May 2020.
The department must also provide annual updates on complaints at regional centers and resolve details, and post this data online. They should link to advocacy agencies on their websites' homepages. New directives from the department must be posted online from October 2019, and all reports to the Legislature must follow a specific government code.
Section § 4519.4
This law requires the California State Department of Developmental Services to consult with various stakeholders to discuss reforms in the service delivery system for people with developmental disabilities. Starting in 2019, the department should focus on creating a system that is sustainable, innovative, cost-effective, and results-oriented.
They must consider the perspectives of consumers, families, and service providers, ensuring input from various geographic, racial, ethnic, and diagnostic backgrounds. The department also needs to identify key outcomes and compliance with federal home- and community-based service rules. The discussion should include ways to collect and use feedback for system improvements.
Progress of these efforts should be reported during the 2020–21 budget hearings. By October 1, 2019, a summary of public comments, departmental responses, and changes to rate models must be publicly posted online.
Section § 4519.5
This law section outlines how the California Department of Developmental Services and regional centers should manage and report data associated with services they provide. They must collect detailed demographic and service usage information, including age, race, language, and disability type of service users, ensuring data privacy by deidentifying personal data. It's mandatory for regional centers to publicly share this data, both on their websites and collectively with the state's data. This includes compliance with timelines for data availability and the requirement for discussions in culturally and linguistically suitable ways.
The law also prescribes the need for meaningful public meetings to discuss data, especially those reflecting disparities in service delivery to underserved communities. It emphasizes transparency and stakeholder engagement, requiring reports on their efforts to reduce service disparities and outlining funding mechanisms for initiatives to promote equity.
Additionally, the statute provides for annual funding to tackle disparities, with guidelines on how the funds should be allocated. An independent evaluation of the effectiveness in reducing disparities is also mandated. Finally, it insists on stakeholder consultation and calls for transparent, accessible reporting of findings and actions taken to address inequities.
Section § 4519.6
This law requires that each year, the department and regional centers work together to figure out the best ways to gather and organize data consistently. This data is about how each regional center handles payments like copayments, coinsurance, and deductibles.
Section § 4519.7
This law protects regional center employees from being sued for civil damages for actions taken in good faith under their job duties, except in cases of gross negligence or specific intentional misconduct. Importantly, it doesn't shield them from criminal liability. The law also maintains the liability of the regional centers themselves. Furthermore, employees are protected from penalties when they participate in legal processes pertaining to consumer health and safety, assuming they act in good faith. These protections and liabilities apply only to actions after January 1, 2001.
Section § 4519.8
By March 1, 2019, a study must be submitted to the Legislature focusing on the sustainability, quality, and transparency of community services for those with developmental disabilities. This includes getting input from stakeholders through a task force.
The study has to cover several areas: assessing how effective the current payment methods are for different community service providers, analyzing if the rates ensure there are enough providers, comparing fiscal impacts of alternative rate methods, and seeing how rate methods can promote positive outcomes for consumers.
Additionally, it involves evaluating and simplifying the service codes used by regional centers to better reflect the services provided.
Section § 4519.9
This law mandates the creation of a community navigator program aimed at helping individuals and families make better use of services offered by regional centers through the guidance of community leaders, family members, or self-advocates. The program is particularly focused on cultural and language competency to ensure everyone gets fair access to these services. By August 31, 2021, input from stakeholders is required to shape the program effectively.
Funding for this program will be distributed to family resource centers, which are expected to assist with service access and build trust with regional center staff. These centers will offer help in getting necessary services and guidance, emphasizing cultural relevance. The department will provide funding guidelines, which won't go through the usual rulemaking process.
Lastly, funded centers must report back on how they use this money and suggest ways to improve service access. These reports are required to be posted on the department's website by November 1, 2022.