BILL ANALYSIS                                                                                                                                                                                                    



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          Date of Hearing:  April 22, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          918 (Mark Stone) - As Amended April 6, 2015


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill: 


          1)Applies existing data reporting requirements related to the  








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            use of seclusion or restraints, which currently apply to state  
            institutions, to a number of licensed community facility types  
            serving primarily elderly or developmentally disabled  
            individuals.


          2)Requires the Secretary of Health and Human Services to take  
            steps to establish a system of mandatory, consistent, timely,  
            and publicly accessible data collection related to this data. 


          3)Requires facilities to report specified data about deaths or  
            serious injuries related to seclusion or restraints to the  
            designated protection and advocacy agency (currently  
            Disability Rights California (DRC)).


          FISCAL EFFECT:


          1)Approximately $200,000 (Licensing and Certification special  
            fund/GF) in one-time regulatory and system development costs  
            to establish regulations detailing the forms and reporting  
            requirements, data collection and analysis protocols, a  
            database, training and educational materials, and a  
            consumer-facing website.  


          2)Ongoing costs to maintain this data once infrastructure is  
            established will likely be minor, assuming facilities comply  
            with reporting requirements. If facilities don't comply, there  
            could be cost pressure to enforce the reporting requirements  
            or to provide additional education and training. Any cost  
            pressure for enforcement or provider education would depend on  
            the robustness of the activities.  


          COMMENTS:









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          1)Purpose.  This bill updates reporting requirements regarding  
            the use of seclusion and restraints of persons cared for in  
            licensed facilities, to recognize that most people with  
            developmental disabilities now live in community settings  
            instead of state Developmental Centers.  The author indicates  
            the bill will have a twofold impact: data transparency itself  
            has been shown to reduce the use of seclusion and restraints,  
            and the data can also be used to compare facilities and  
            identify facilities where it is more commonly used. This bill  
            is sponsored by DRC.


          2)Staff Comments.  This bill could benefit from technical and  
            clarifying amendments.  The bill does not clearly mandate data  
            be provided by facilities to the Secretary or his or her  
            designee, but only suggests the system established by the  
            Secretary be mandatory.  The bill also requires the Secretary  
            to "take steps" to establish a system, whereas it appears the  
            intent is clearly to establish a system. Finally, the bill  
            refers to "publicly accessible data collection," but it is the  
            data itself, not its collection, that will be of use to the  
            public.  These provisions could all be clarified.  In  
            addition, if the intent is to mirror or build on an existing  
            reporting system, this could be made more explicit.


          Analysis Prepared by:Lisa Murawski / APPR. / (916)  
          319-2081


















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