Chapter 9Budgetary Process and Financial Provisions
Section § 4775
This section of the law emphasizes that funding for programs supporting people with developmental disabilities should be aligned with a state plan to ensure services are available and fairly distributed. It mandates that the decision-making process for funding levels should include input from citizens who are directly impacted.
Section § 4776
Every year by August 1st, each regional center must send a budget plan for the next year to the department and state council. This plan should detail several things: estimates of how many developmentally disabled individuals will receive services, the types of services offered, the cost of these services, where the funding will come from, and a breakdown of what's needed to carry out Section 4509.
Section § 4776.5
This law states that regional centers in California are not required to follow the same rules and regulations about information technology planning and buying that apply to state agencies. This includes things like getting personal computers and software. Instead, the State Department of Developmental Services and the Association of Regional Center Agencies need to create specific guidelines for how these regional centers should spend their money on IT activities, especially when it involves working with the state's databases.
Section § 4777
Every year by September 1st, the Superintendent of Public Instruction must provide the state council with important estimates. These include the number of developmentally disabled people to be served in the state, the expected total costs divided by service or educational categories, and the projected sources of revenue to cover these costs.
Section § 4778
This law aims to ensure that money designated for developmental disabilities programs is distributed to these programs by August 1 of each year, whenever possible.
Section § 4780
This section allows the department to receive and use funds from various sources, including federal, state, and local governments, to provide services through regional centers. The department can also use specific health and safety funds for these purposes, as long as they stay within the budget limits set by the Legislature.
Section § 4780.5
Section § 4781
This law allows the department to receive and use donations of money or property to support its goals, with approval from the Department of Finance. It also permits the secretary to form agreements with various entities to achieve these goals.
Section § 4781.5
In the 2006–07 fiscal year, regional centers in California were restricted from using funds to start new programs unless they met certain criteria. These criteria include addressing urgent health or safety needs, developing programs that offer integrated work or social activities, or involving current providers in employment activities that increase integration and participation in the Ticket to Work program.
Startup programs under this section must be outcome-driven, and regional centers need departmental approval and follow specific criteria for grants. Exceptions include funds from the department's community placement plan and contracts made before July 1, 2002.
Section § 4781.6
A regional center in California can't use funds meant for buying services to start new programs unless it's to ensure a consumer's health or safety, or in unique situations. They also need written approval from the department before spending. However, this rule doesn't apply to funds set aside for the community placement plan process.
Section § 4786
This law requires the director to create and uphold a fair system for setting payment rates for care and services that the department buys from community care facilities. These rates should be adaptable and take into account the different costs linked to the various types and levels of care and services offered.
Section § 4787
This law outlines how funding should be managed when people with developmental disabilities move from a state facility to a community setting. The state estimates the costs of new community services for these individuals and allocates money to regional centers based on how many people each center plans to move that year. If someone moves to a community area outside their original region, the related funds should follow them to the new supporting center. Additional funding is provided to centers that exceed their placement targets, as long as there's enough extra money available. Conversely, funds from centers not meeting their targets can be reallocated to those that have extra placements. Any savings from reducing the population in state facilities can be transferred to regional centers to support these moves to community living, though this does not change the legal rights to services for individuals with developmental disabilities.
Section § 4790
This law is focused on encouraging regional centers to choose the best out-of-home placements for people with developmental disabilities instead of relying on state hospitals. It aims to reduce inappropriate placements and unnecessary time spent in state hospitals. As part of a pilot project, four regional centers will be funded to cover the cost of state hospital care and also use these funds for community care options that better serve the patients. These centers will be chosen based on their willingness to participate, ability to provide community care, and quality of services. Plus, one center must have a high number of non-hospital placements.
Section § 4791
This section allows regional centers in California to temporarily adjust certain employee requirements for service providers between July 1, 2010, and June 30, 2013, as long as these changes do not harm clients or impact funding and compliance. Specifically, it permits these modifications if service provider payments are reduced, provided client safety or service quality isn't compromised, payments aren't affected, and laws aren't violated.
Such changes need to be detailed in a written contract between the regional center and the provider. Additionally, certain reporting requirements for community-based day programs, in-home respite agencies, and residential service providers were suspended during this period. However, providers still need to update regional center case managers about client progress during program reviews.
Section § 4792
This law states that if a certain budget rule is in effect, the Department of Developmental Services must find ways to save up to $100 million from the developmental services sector. The law encourages the department to make these cuts or savings while minimizing the impact on services that directly affect consumers’ health, safety, and quality of life.
This can involve changing spending patterns, using leftover contract money, or other administrative savings. It also allows for the input of various stakeholders, including families, advocacy groups, and service providers, to help identify potential savings strategies.
If these savings are implemented, the department must report the details to the Joint Legislative Budget Committee within 10 days.