SECTIONS 4440-4474.8 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 4440-4474.8

4440. The department has jurisdiction over the following
institutions:
Agnews State Hospital.
Camarillo State Hospital.
Fairview State Hospital.
Frank D. Lanterman State Hospital.
Porterville State Hospital.
Sonoma State Hospital.
Stockton State Hospital.

4440.1. The department may contract with the State Department of
Mental Health to provide services to persons with developmental
disabilities in state hospitals under the jurisdiction of the State
Department of Mental Health.

4440.5. A state hospital under the jurisdiction of the department
may also be known as a developmental center.

4441. Except as otherwise specifically provided elsewhere in this
code, all of the institutions under the jurisdiction of the State
Department of Developmental Services shall be governed by uniform
rule and regulation of the State Department of Developmental Services
and all of the provisions of this chapter shall apply to the conduct
and management of such institutions.

4441.5. The State Department of Developmental Services shall
develop policies and procedures, by no later than 30 days following
the effective date of the Budget Act of 1999, at each developmental
center, to notify appropriate law enforcement agencies in the event
of a forensic client walkaway or escape. Local law enforcement
agencies, including local police and county sheriff's departments,
shall review the policies and procedures prior to final
implementation by the department.

4442. Each state hospital is a corporation.

4443. Each such corporation may acquire and hold in its corporate
name by gift, grant, devise, or bequest property to be applied to the
maintenance of the patients of the hospital and for the general use
of the corporation.

4444. All lands necessary for the use of state hospitals except
those acquired by gift, devise, or purchase, shall be acquired by
condemnation as lands for other public uses are acquired.
The terms of every purchase shall be approved by the State
Department of Developmental Services. No public street or road for
railway or other purposes, except for hospital use, shall be opened
through the lands of any state hospital, unless the Legislature by
special enactment consents thereto.

4445. Notwithstanding the provisions of Section 4444, the Director
of General Services, with the consent of the State Department of
Developmental Services, may grant rights-of-way for road purposes
over and across state property comprising the site of the Sonoma
State Hospital, upon such terms and conditions as the Director of
General Services may deem to be for the best interests of the state.

4446. (a) Notwithstanding Section 4444, the Director of General
Services may enter into an agreement with the City of Santa Clara for
the dedication of a public right-of-way and the granting of
long-term easements, as specified in subdivision (d), by the
department over and across state property within Agnews State
Hospital, for public road purposes.
(b) The term of any easement agreed to by the department shall be
of sufficient duration to enable the city to exercise jurisdiction
over the public street or road thereon for maintenance purposes. Any
construction or maintenance of a public street or road shall be at no
cost to the state, and shall be subject to any applicable state or
local requirements relating to accessibility for the physically
handicapped or disabled.
(c) The agreement shall contain such terms, conditions,
reservations, and exceptions as the director deems in the best
interest of the state, and as will protect the future use and
marketability of the property.
(d) Any public right-of-way or easements agreed to pursuant to
subdivision (a) shall meet the following specifications:
(1) A public right-of-way over approximately an 80-foot wide strip
of land starting at a point approximately 1450 feet east of the
center line of De La Cruz Boulevard and running in a northerly
direction from Montague Expressway approximately 2200 feet to a point
250 feet south of the northern boundary of the Camsi III property,
the last 970 feet of which lies contiguous with the western boundary
of the Camsi III property, together with land necessary for
acceleration and deceleration lanes from the proposed collector
street onto and off of Montague Expressway, the land consisting of
two wedge shaped parcels, 600 feet in length and varying width,
between 20 feet to 0 feet.
(2) A 20-foot wide easement for entry into state land, to fill an
existing channel and install and maintain a water main, lying
contiguous to the northern right-of-way line of Montague Expressway
and running from the western boundary of Camsi III property, westerly
to De La Cruz Boulevard, excepting that right-of-way previously
described in paragraph (1) of this subdivision for the proposed
street purpose.
(3) A 30-foot wide easement, for the purpose of filling an
existing storm channel, running from Montague Expressway 441 feet
northerly along the water boundary of Camsi III property.
(4) Other easements determined by the Director of General Services
as necessary for the purpose of constructing a business development
park pursuant to Section 14672.9 of the Government Code.

4447. Notwithstanding Section 4444, the Director of General
Services with the consent of the State Department of Developmental
Services, may grant a right-of-way for road purposes to the City of
Stockton over and along a portion of the Stockton State Hospital
property adjacent to Harding Way upon such terms and conditions and
with such reservations and exceptions as in the opinion of the
Director of General Services may be for the best interests of the
state.
The Director of General Services under the same conditions may
grant a right-of-way for road purposes to the County of Orange over a
portion of the Fairview State Hospital property adjacent to Harbor
Boulevard.

4448. The department shall participate with the City of Porterville
in the construction of an interceptor sewer between the Porterville
State Hospital facilities and the sewer facilities of the City of
Porterville.
For the purpose of this section the state may expend from any
available funds 20 percent of the bid for the construction of the
project authorized pursuant to this section or sixty thousand dollars
($60,000), whichever is less.

4449. The State Department of Developmental Services has general
control and direction of the property and concerns of each state
hospital specified in Section 4440. The department shall:
(a) Take care of the interests of the hospital, and see that its
purpose and its bylaws, rules, and regulations are carried into
effect, according to law.
(b) Establish such bylaws, rules, and regulations as it deems
necessary and expedient for regulating the duties of officers and
employees of the hospital, and for its internal government,
discipline, and management.
(c) Maintain an effective inspection of the hospital.

4450. The medical superintendent shall make triplicate estimates,
in minute detail, as approved by the State Department of
Developmental Services of such supplies, expenses, buildings, and
improvements as are required for the best interests of the hospital,
and for the improvement thereof and of the grounds and buildings
connected therewith. These estimates shall be submitted to the State
Department of Developmental Services which may revise them. The
department shall certify that it has carefully examined the
estimates, and that the supplies, expenses, buildings, and
improvements contained in such estimates, as approved by it, are
required for the best interests of the hospital. The department shall
thereupon proceed to purchase such supplies, make such expenditures,
or conduct such improvements or buildings in accordance with law.

4451. The state hospitals may manufacture supplies, materials, and
assisting devices which are for the benefit of individuals with
disabilities who otherwise would not have access to those articles,
or which are necessary or required to be used in any of the state
hospitals, and which can be economically manufactured therein. The
necessary cost and expense of providing for and conducting the
manufacture of such supplies and materials shall be paid in the same
manner as other expenses of the hospitals. No hospital shall enter
into or engage in manufacturing any supplies or materials unless
permission for the same is obtained from the State Department of
Developmental Services. If, at any time, it appears to the department
that the manufacture of any article is not being or cannot be
economically carried on at a state hospital, the department may
suspend or stop the manufacture of such article, and on receipt of a
certified copy of the order directing the suspension or stopping of
such manufacture, by the medical superintendent, the hospital shall
cease from manufacturing such article.

4452. All money belonging to the state and received by state
hospitals from any source, except appropriations, shall, at the end
of each month, be deposited in the State Treasury, to the credit of
the General Fund. This section shall not apply to the funds known as
the industrial or amusement funds or the "sheltered workshop funds."

4453. The state hospitals and the officers thereof shall make such
financial statements to the Controller as the Controller requires.

4454. The authorities for the several hospitals shall furnish to
the State Department of Developmental Services the facts mentioned in
Section 4425 and such other obtainable facts as the department from
time to time requires of them, with the opinion of the superintendent
thereon, if requested. The superintendent or other person in charge
of a hospital shall, within 10 days after the admission of any person
thereto, cause an abstract of the medical certificate and order on
which such person was received and a list of all property, books, and
papers of value found in the possession of or belonging to such
person to be forwarded to the office of the department, and when a
patient is discharged, transferred, or dies, the superintendent or
person in charge shall within three days thereafter, send the
information to the office of the department, in accordance with the
form prescribed by it.

4455. The department may permit, subject to such conditions and
regulations as it may impose, any religious or missionary corporation
or society to erect a building on the grounds of any state hospital
for the holding of religious services. Each such building when
erected shall become the property of the state and shall be used
exclusively for the benefit of the patients and employees of the
state hospital.

4456. The department may establish and supervise under its rules
and regulations training schools or courses for employees of the
department or of state institutions under its jurisdiction.

4457. Whenever a trial is had of any person charged with escape or
attempt to escape from a state hospital, whenever a hearing is had on
the return of a writ of habeas corpus prosecuted by or on behalf of
any person confined in a state hospital except in a proceeding to
which Section 5110 applies, whenever a hearing is had on a petition
under Section 1026.2, subdivision (b) of Section 1026.5, or
subdivision (f) of Section 2960 of the Penal Code, or Section 7361 of
this code for the release of a person confined in a state hospital,
and whenever a person confined in a state hospital is tried for any
crime committed therein, the appropriate financial officer or other
designated official of the county in which the trial or hearing is
had shall make out a statement of all costs incurred by the county
for investigation and other preparation for the trial or hearing, and
the actual trial or hearing, all costs of maintaining custody of the
patient and transporting him or her to and from the hospital, and
costs of appeal, which statement shall be properly certified by a
judge of the superior court of that county and sent to the Controller
for approval. After the court approval, the Controller shall cause
the amount of the costs incurred on and after July 1, 1987, to be
paid out of the money appropriated by the Legislature, to the county
treasurer of the county where the trial or hearing was had.

4458. The State Department of Developmental Services shall
cooperate with the United States Bureau of Immigration in arranging
for the deportation of all aliens who are confined in, admitted, or
committed to any state hospital.

4459. The State Department of Developmental Services shall
investigate and examine all nonresident persons judicially committed
to any state hospital and shall cause such persons, when found to be
nonresidents as defined in this chapter, to be promptly and humanely
returned under proper supervision to the state in which they have
legal residence. The department may defer such action by reason of a
patient's medical condition.
For the purpose of facilitating the prompt and humane return of
such persons the State Department of Developmental Services may enter
into reciprocal agreements with the proper boards, commissions, or
officers of other states or political subdivision thereof for the
mutual exchange or return of such person judicially committed to any
state hospital in one state whose legal residence is in the other,
and it may in such reciprocal agreements vary the period of residence
as defined in this chapter to meet the requirements or laws of the
other states.
The department may give written permission for the return of any
resident of this state confined in a public institution in another
state, corresponding to any state home for the developmentally
disabled of this state. When a resident is returned to this state
pursuant to this chapter, he may be admitted as a voluntary patient
to any institution of the department as designated by the Director of
Developmental Services.

4460. In order to be entitled to hospitalization in this state, an
adult developmentally disabled person or the parent or guardian or
conservator of a developmentally disabled minor shall be a state
resident. Residence acquired in this or in another state shall not be
lost by reason of military service in the armed forces of the United
States.

4461. (a) All expenses incurred in returning such persons to other
states shall be paid by this state, the person, or his or her
relatives, but the expense of returning residents of this state shall
be borne by the state making the returns.
(b) The cost and expense incurred in effecting the transportation
of the nonresident persons to the states in which they have residence
shall be advanced from the funds appropriated for that purpose or,
if necessary, from the money appropriated for the care of
developmentally disabled persons upon vouchers approved by the
California Victim Compensation and Government Claims Board.

4462. The State Department of Developmental Services, when it deems
it necessary, may, under conditions prescribed by the director,
transfer any patients of a state institution under its jurisdiction
to another such institution. Transfers of patients of state hospitals
shall be made in accordance with the provisions of Section 7300.
Transfer of a conservatee shall only be with the consent of the
conservator.
The expense of any such transfer shall be paid from the moneys
available by law for the support of the department or for the support
of the institution from which the patient is transferred. Liability
for the care, support, and maintenance of a patient so transferred in
the institution to which he has been transferred shall be the same
as if he had originally been committed to such institution.

4463. The Director of Developmental Services may authorize the
transfer of persons from any institution within the department to any
institution authorized by the federal government to receive such
person.

4464. The State Department of Developmental Services shall send to
the Department of Veterans Affairs whenever requested a list of all
persons who have been patients for six months or more in each state
institution within the jurisdiction of the State Department of
Developmental Services and who are known to have served in the armed
forces of the United States.

4465. The Director of Developmental Services may deposit any funds
of patients in the possession of each hospital administrator of a
state hospital in trust with the treasurer pursuant to Section
16305.3, Government Code, or, subject to the approval of the
Department of Finance, may deposit such funds in interest-bearing
bank accounts or invest and reinvest such funds in any of the
securities which are described in Article 1 (commencing with Section
16430), Chapter 3, Part 2, Division 1, Title 2 of the Government Code
and for the purposes of deposit or investment only may mingle the
funds of any patient with the funds of other patients. The hospital
administrator with the consent of the patient may deposit the
interest or increment on the funds of a patient in the state hospital
in a special fund for each state hospital, to be designated the
"benefit fund," of which he shall be the trustee. He may, with the
approval of the Director of Developmental Services, expend the moneys
in any such fund for the education or entertainment of the patients
of the institution.
On and after December 1, 1970, the funds of a patient in a state
hospital or a patient on leave of absence from a state hospital shall
not be deposited in interest-bearing bank accounts or invested and
reinvested pursuant to this section except when authorized by the
patient; any interest or increment accruing on the funds of a patient
on leave of absence from a state hospital shall be deposited in his
account; any interest or increment accruing on the funds of a patient
in a state hospital shall be deposited in his account, unless such
patient authorizes their deposit in the state hospital's "benefit
fund."
Any state hospital charges for patient care against the funds of a
patient in the possession of a hospital administrator or deposited
pursuant to this section and which are used to pay for such care,
shall be stated in an itemized bill to the patient.

4466. Whenever any patient in any state institution subject to the
jurisdiction of the State Department of Developmental Services dies,
and any personal funds or property of such patient remains in the
hands of the superintendent thereof, and no demand is made upon such
superintendent by the owner of the funds or property or his legally
appointed representative all money and other personal property of
such decedent remaining in the custody or possession of the
superintendent thereof shall be held by him for a period of one year
from the date of death of the decedent, for the benefit of the heirs,
legatees, or successors in interest of such decedent.
Upon the expiration of such one-year period, any money remaining
unclaimed in the custody or possession of the superintendent shall be
delivered by him to the State Treasurer for deposit in the Unclaimed
Property Fund under the provisions of Article 1 (commencing with
Section 1440) of Chapter 6 of Title 10 of Part 3 of the Code of Civil
Procedure.
Upon the expiration of such one-year period, all personal property
and documents of the decedent, other than cash, remaining unclaimed
in the custody or possession of the superintendent, shall be disposed
of as follows:
(a) All deeds, contracts or assignments shall be filed by the
superintendent with the public administrator of the county of
commitment of the decedent;
(b) All other personal property shall be sold by the
superintendent at public auction, or upon a sealed-bid basis, and the
proceeds of the sale delivered by him to the State Treasurer in the
same manner as is herein provided with respect to unclaimed money of
the decedent. If he deems it expedient to do so, the superintendent
may accumulate the property of several decedents and sell the
property in such lots as he may determine, provided that he makes a
determination as to each decedent's share of the proceeds;
(c) If any personal property of the decedent is not salable at
public auction, or upon a sealed-bid basis, or if it has no intrinsic
value, or if its value is not sufficient to justify the deposit of
such property in the State Treasury, the superintendent may order it
destroyed;
(d) All other unclaimed personal property of the decedent not
disposed of as provided in subdivision (a), (b), or (c) hereof, shall
be delivered by the superintendent to the State Controller for
deposit in the State Treasury under the provisions of Article 1
(commencing with Section 1440) of Chapter 6 of Title 10 of Part 3 of
the Code of Civil Procedure.

4467. Whenever any patient in any state institution subject to the
jurisdiction of the State Department of Developmental Services
escapes, or is discharged or is on leave of absence from such
institution, and any personal funds or property of such patient
remains in the hands of the superintendent thereof, and no demand is
made upon said superintendent by the owner of the funds or property
or his legally appointed representative, all money and other
intangible personal property of such patient, other than deeds,
contracts, or assignments, remaining in the custody or possession of
the superintendent thereof shall be held by him for a period of seven
years from the date of such escape, discharge, or leave of absence,
for the benefit of such patient or his successors in interest;
provided, however, that unclaimed personal funds or property of
minors on leave of absence may be exempted from the provisions of
this section during the period of their minority and for a period of
one year thereafter, at the discretion of the Director of
Developmental Services.
Upon the expiration of said seven-year period, any money and other
intangible property, other than deeds, contracts, or assignments,
remaining unclaimed in the custody or possession of the
superintendent shall be subject to the provisions of Chapter 7
(commencing with Section 1500) of Title 10 of Part 3 of the Code of
Civil Procedure.
Upon the expiration of one year from the date of such escape,
discharge, or parole:
(a) All deeds, contracts or assignments shall be filed by the
superintendent with the public administrator of the county of
commitment of such patient;
(b) All tangible personal property other than money, remaining
unclaimed in his custody or possession, shall be sold by the
superintendent at public auction, or upon a sealed-bid basis, and the
proceeds of the sale shall be held by him subject to the provisions
of Section 4465 of this code, and subject to the provisions of
Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the
Code of Civil Procedure. If he deems it expedient to do so, the
superintendent may accumulate the property of several patients and
may sell the property in such lots as he may determine, provided that
he makes a determination as to each patient's share of the proceeds;
If any tangible personal property covered by this section is not
salable at public auction or upon a sealed-bid basis, or if it has no
intrinsic value, or if its value is not sufficient to justify its
retention by the superintendent to be offered for sale at public
auction or upon a sealed-bid basis at a later date, the
superintendent may order it destroyed.

4468. Before any money or other personal property or documents are
delivered to the State Treasurer, State Controller, or public
administrator, or sold at auction or upon a sealed-bid basis, or
destroyed, under the provisions of Section 4466, and before any
personal property or documents are delivered to the public
administrator, or sold at auction or upon a sealed-bid basis, or
destroyed, under the provisions of Section 4467, notice of such
intended disposition shall be posted at least 30 days prior to the
disposition, in a public place at the institution where the
disposition is to be made, and a copy of such notice shall be mailed
to the last known address of the owner or deceased owner, at least 30
days prior to such disposition. The notice prescribed by this
section need not specifically describe each item of property to be
disposed of.

4469. At the time of delivering any money or other personal
property to the State Treasurer or State Controller under the
provisions of Section 4126 or of Chapter 7 (commencing with Section
1500) of Title 10 of Part 3 of the Code of Civil Procedure, the
superintendent shall deliver to the State Controller a schedule
setting forth a statement and description of all money and other
personal property delivered, and the name and last known address of
the owner or deceased owner.

4470. When any personal property has been destroyed as provided in
Section 4466 or 4467, no suit shall thereafter be maintained by any
person against the state or any officer thereof for or on account of
such property.

4471. All day hospitals and rehabilitation centers maintained by
the State Department of Developmental Services shall be subject to
the provisions of this code pertaining to the admission, transfer,
and discharge of patients at the state hospitals, except that all
admissions to such facilities shall be subject to the approval of the
chief officer thereof. Charges for services rendered to patients at
such facilities shall be determined pursuant to Section 4431. The
liability for such charges shall be governed by the provisions of
Article 4 (commencing with Section 6715) of Chapter 3 of Part 2 of
Division 6 of this code and Chapter 4 (commencing with Section 7500)
of Division 7 of this code.

4472. The state hospitals under the jurisdiction of the State
Department of Developmental Services shall comply with the California
Food Sanitation Act, Article 1 (commencing with Section 111950) of
Chapter 4 of Part 6 of Division 104 of the Health and Safety Code.
The state hospitals under the jurisdiction of the State Department
of Developmental Services shall also comply with the California
Uniform Retail Food Facilities Law, Chapter 4 (commencing with
Section 113700) of Part 7 of Division 104.
Sanitation, health and hygiene standards that have been adopted by
a city, county, or city and county that are more strict than those
of the California Uniform Retail Food Facilities Law or the
California Food Sanitation Act shall not be applicable to state
hospitals that are under the jurisdiction of the State Department of
Developmental Services.

4473. Whenever a patient dies in a state hospital for the
developmentally disabled and the coroner finds that the death was by
accident or at the hands of another person other than by accident,
the State Department of Developmental Services shall determine upon
review of the coroner's investigation if such death resulted from the
negligence, recklessness, or intentional act of a state employee. If
it is determined that such death directly resulted from the
negligence, recklessness, or intentional act of a state employee, the
department shall immediately notify the State Personnel Board and
any appropriate licensing agency and shall terminate the employment
of such employee as provided by law. In addition, if such state
employee is a licensed mental health professional, the appropriate
licensing board shall inquire into the circumstances of such death,
examine the findings of the coroner's investigation, and make a
determination of whether such mental health professional should have
his license revoked or suspended or be subject to other disciplinary
action. "Licensed mental health professional," as used in this
section, means a person licensed by any board, bureau, department, or
agency pursuant to a state law and employed in a state hospital for
the developmentally disabled.

4474. Each patient in a state hospital for the developmentally
disabled who has resided in the state hospital for a period of at
least 30 days shall be paid an amount of aid for his or her personal
and incidental needs which when added to his or her income equals
twelve dollars and fifty cents ($12.50) per month.

4474.1. (a) Whenever the State Department of Developmental Services
proposes the closure of a state developmental center, the department
shall be required to submit a detailed plan to the Legislature not
later than April 1 immediately prior to the fiscal year in which the
plan is to be implemented, and as a part of the Governor's proposed
budget. No plan submitted to the Legislature pursuant to this
section, including any modifications made pursuant to subdivision
(b), shall be implemented without the approval of the Legislature.
(b) A plan submitted on or before April 1 immediately prior to the
fiscal year in which the plan is to be implemented may be
subsequently modified during the legislative review process.
(c) Prior to submission of the plan to the Legislature, the
department shall solicit input from the State Council on
Developmental Disabilities, the Association of Regional Center
Agencies, the protection and advocacy agency specified in Section
4901, the local area board on developmental disabilities, the local
regional center, consumers living in the developmental center,
parents, family members, guardians, and conservators of persons
living in the developmental centers or their representative
organizations, persons with developmental disabilities living in the
community, developmental center employees and employee organizations,
community care providers, the affected city and county governments,
and business and civic organizations, as may be recommended by local
state Senate and Assembly representatives.
(d) Prior to the submission of the plan to the Legislature, the
department shall confer with the county in which the developmental
center is located, the regional centers served by the developmental
center, and other state departments using similar occupational
classifications, to develop a program for the placement of staff of
the developmental center planned for closure in other developmental
centers, as positions become vacant, or in similar positions in
programs operated by, or through contract with, the county, regional
centers, or other state departments.
(e) Prior to the submission of the plan to the Legislature, the
department shall hold at least one public hearing in the community in
which the developmental center is located, with public comment from
that hearing summarized in the plan.
(f) The plan submitted to the Legislature pursuant to this section
shall include all of the following:
(1) A description of the land and buildings affected.
(2) A description of existing lease arrangements at the
developmental center.
(3) The impact on residents and their families.
(4) Anticipated alternative placements for residents.
(5) The impact on regional center services.
(6) Where services will be obtained that, upon closure of the
developmental center, will no longer be provided by that facility.
(7) Potential job opportunities for developmental center employees
and other efforts made to mitigate the effect of the closure on
employees.
(8) The fiscal impact of the closure.
(9) The timeframe in which closure will be accomplished.

4474.2. (a) Notwithstanding any provision of law to the contrary,
the department may operate any facility, provide its employees to
assist in the operation of any facility, or provide other necessary
services and supports if, in the discretion of the department, it
determines that the activity will assist in meeting the goal of the
orderly closures of Agnews Developmental Center and Lanterman
Developmental Center. The department may contract with any entity for
the use of the department's employees to provide services in
furtherance of the orderly closures of Agnews Developmental Center
and Lanterman Developmental Center. For the Lanterman Developmental
Center, the use of department employees is in effect for up to two
years following the transfer of the last resident of the Lanterman
Developmental Center, unless a later enacted statute deletes or
extends this provision.
(b) The department shall prepare a report on the use of the
department's employees in providing services in the community to
assist in the orderly closures of Agnews Developmental Center and
Lanterman Developmental Center. The report shall include data on the
number and classification of state employees working in the community
program. The report shall be submitted with the Governor's proposed
budget for the 2012-13 fiscal year to the fiscal committees of both
houses of the Legislature and annually thereafter.

4474.3. The provisions of Section 10411 of the Public Contract Code
shall not apply to any person who, in connection with the closures
of Agnews Developmental Center or Lanterman Developmental Center,
provides developmental services.

4474.4. Notwithstanding any other provision of law to the contrary,
the Secretary of California Health and Human Services shall verify
that the State Department of Developmental Services and the State
Department of Health Care Services have established protocols in
place between the departments, as well as with the regional centers
and health care plans participating in the Medi-Cal program who will
be providing services, including health, dental, and vision care, to
people with developmental disabilities transitioning from Agnews
Developmental Center and Lanterman Developmental Center.
The Secretary of California Health and Human Services shall
provide written verification of the establishment of these protocols
to the Joint Legislative Budget Committee, as well as to the fiscal
and policy committees of the Legislature that oversee health and
human services programs.
The purpose of the protocols is to ensure that a mutual goal of
providing appropriate, high-quality care and services to children and
adults who have developmental disabilities in order to optimize the
health and welfare of each individual. Further, the purpose of the
protocols is to ensure that all involved parties, including consumers
and families, the state, regional centers, and providers, are clear
as to their roles and responsibilities, and are appropriately
accountable for optimizing the health and welfare of each individual.
The protocols, at a minimum, shall address enrollment for
services, all referral practices, including those to specialty care,
authorization practices for services of all involved parties,
coordination of case management services, education and training
services to be provided, the management of medical records, and
provider reimbursement methods. These protocols shall be provided to
the consumers and their families, and be made available to the public
upon request.

4474.5. (a) In order to meet the unique medical health needs of
consumers transitioning from Agnews Developmental Center into
Alameda, San Mateo, and Santa Clara Counties pursuant to the Plan for
the Closure of Agnews Developmental Center, and consumers
transitioning from Lanterman Developmental Center into various health
plans, whose individual program plans document the need for
coordinated medical and specialty care that cannot be met using the
traditional Medi-Cal fee-for-service system, services provided under
the contract shall be provided by Medi-Cal managed care health plans
that are currently operational in these counties as a county
organized health system or a local initiative if consumers, where
applicable, choose to enroll. Reimbursement shall be by the State
Department of Health Care Services for all Medi-Cal services provided
under the contract that are not reimbursed by the Medicare Program.
(b) Medi-Cal managed care health plans enrolling members referred
to in subdivision (a) shall be further reimbursed for the reasonable
cost of administrative services. Administrative services pursuant to
this subdivision include, but are not limited to, coordination of
care and case management not provided by a regional center, provider
credentialing and contracting, quality oversight, assuring member
access to covered services, consultation with Agnews Developmental
Center staff, Lanterman Developmental Center staff, regional center
staff, Department of Developmental Services staff, contractors, and
family members, and financial management of the program, including
claims processing. Reasonable cost is defined as the actual cost
incurred by the Medi-Cal managed care health plan, including both
direct and indirect costs incurred by the Medi-Cal managed care
health plan, in the performance of administrative services, but shall
not include any incurred costs found by the State Department of
Health Care Services to be unnecessary for the efficient delivery of
necessary health services. Payment for administrative services shall
continue on a reasonable cost basis until sufficient cost experience
exists to allow these costs to be part of an all-inclusive capitation
rate covering both administrative services and direct patient care
services.
(c) Until the State Department of Health Care Services is able to
determine by actuarial methods, prospective per capita rates of
payment for services for those members who enroll in the Medi-Cal
managed care health plans specified in subdivision (a), the State
Department of Health Care Services shall reimburse the Medi-Cal
managed care health plans for the net reasonable cost of direct
patient care services and supplies set forth in the scope of services
in the contract between the Medi-Cal managed care health plans and
the State Department of Health Care Services and that are not
reimbursed by the Medicare Program. Net reasonable cost is defined as
the actual cost incurred by the Medi-Cal managed care health plans,
as measured by the Medi-Cal managed care health plan's payments to
providers of services and supplies, less payments made to the plans
by third parties other than Medicare, and shall not include any
incurred cost found to be unnecessary by the State Department of
Health Care Services in the efficient delivery of necessary health
services. Reimbursement shall be accomplished by the State Department
of Health Care Services making estimated payments at reasonable
intervals, with these estimates being reconciled to actual net
reasonable cost at least semiannually.
(d) The State Department of Health Care Services shall seek any
approval necessary for implementation of this section from the
federal government, for purposes of federal financial participation
under Title XIX of the Social Security Act (42 U.S.C. Sec. 1396 et
seq.). Notwithstanding any other provision of law, this section shall
be implemented only to the extent that federal financial
participation is available pursuant to necessary federal approvals.

4474.8. Notwithstanding any other provision of law to the contrary,
the State Department of Developmental Services shall continue the
operation of the Agnews Outpatient Clinic and the Lanterman
Outpatient Clinic until such time as the State Department of
Developmental Services is no longer responsible for the property at
the respective developmental center, as applicable.