SECTIONS 4669.2-4669.75 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 4669.2-4669.75

4669.2. (a) Notwithstanding any other provision of law, and
provided that there shall be no reduction in direct service to
persons eligible for services under this article, a regional center,
with the approval of the State Department of Developmental Services,
and in consultation with the local area boards, consumer and vendor
advisory committees, and local advocacy organizations, may explore
and implement any regional center service delivery alternative
included in this section for consumers living in the community, as
follows:
(1) Alternative service coordination for consumers.
(2) Technical and financial support to consumers, and where
appropriate, their families, to provide or secure their own services
in lieu of services that regional centers would otherwise provide,
purchase, or secure. These programs shall be cost-effective in the
aggregate, and shall be limited to consumers who are at imminent risk
of moving to a more restrictive setting.
(3) Procedures whereby regional centers may negotiate levels of
payment with providers for delivery of specific services to a group
of consumers through a mutually agreed upon contract with a specific
term and a guaranteed reimbursement amount. Contracted services may
be for any specific service or combination of services across vendor
categories.
(4) Procedures whereby consumers, regional center representatives,
area board representatives, and local service providers may jointly
examine and make recommendations to the department for reduced
reporting and recording requirements of regional centers. The
recommendations shall be made available upon request.
(5) Proposals to reduce reporting and recordkeeping requirements
at a regional center.
(6) Procedures whereby a regional center may lease a facility and
contract for the provision of services in that facility for regional
center clients.
(7) Procedures that encourage innovative approaches to the sharing
of administrative resources between regional centers and other
public and private agencies serving persons with developmental
disabilities.
(8) Proposals for a regional center to purchase a facility for its
own office space if it can be shown to be cost-effective. No funds
from a regional center's purchase of services budget shall be used
for this purchase.
(b) Consultation pursuant to subdivision (a) shall occur during
the development of the proposal prior to the public hearing conducted
in accordance with Section 4669.75 and after the completion of the
public hearing.
(c) The regional center shall annually submit to the State
Department of Developmental Services a report on the implementation
of the service delivery options approved by the department under this
section. The report shall review the effects of the proposal, if
applicable, upon the regional center purchase of service budget and
the state budget, the impact on other regional center services, and
the impact on consumers served under the proposal. This report shall
be completed within 90 days of the end of each fiscal year.

4669.75. (a) Any proposal approved by the department pursuant to
this article may be implemented immediately upon approval. Prior to
submitting a proposal to the department, the regional center shall
conduct a public hearing to receive comments on the proposal. Notice
of the public hearing shall be given at least 10 business days in
advance of the hearing. The public hearing shall be conducted in
accordance with this section.
(b) Notice shall include a summary of the proposal, analysis of
the effect of the proposal upon the regional center budget and the
state budget, the impact on regional center services, and the impact
on consumers served under the proposal, and a list of the statutes
and regulations that will be waived under the proposal. No proposal
approved under this article shall authorize a regional center to
implement proposals that have not met all the requirements of this
article. The department may not delegate its authority to review and
approve proposals in accordance with this article.
(c) Each written comment submitted prior to the close of the final
public hearing, and a summary of verbal testimony received, shall be
considered by the regional center, and a summary of the responses to
all comments shall be submitted as part of the proposal to the
department. These comments and responses shall be made available,
along with the proposal, for public review.
(d) A service delivery alternative shall be required to be
implemented within the existing regional center funding allocation
and shall be cost-effective to the state. No additional allocation
shall be made to permit a regional center to implement a service
delivery alternative. No proposal approved under this article shall
authorize or give authority to a regional center to go forward with
any other specific action or proposal that has not met all of the
requirements of this article. The department may not delegate its
authority to review and approve proposals in accordance with this
article to a regional center or any other entity.
(e) Proposals approved by the department shall meet freedom of
choice requirements pursuant to the assurances required in the home-
and community-based services waiver under Section 1396n of Title 42
of the United States Code.