Amended in Senate March 28, 2016

Senate Bill No. 1427

Introduced by Senator Pavley

February 19, 2016

An act begin delete relating to workforce development. end delete begin insert to add Section 4850.4 to the Welfare and Institutions Code, relating to developmental services. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1427, as amended, Pavley. Workforce development: developmentally disabled individuals.

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Existing law, the Lanterman Developmental Disabilities Services Act, authorizes the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities. Existing law governs the habilitation services provided for adult consumers of regional centers, including work activity programs, as described, and establishes an hourly rate for supported employment services provided to consumers receiving individualized services. Existing law requires the department, contingent upon receiving federal financial participation, to conduct a 4-year demonstration project to determine whether community-based vocational development services will increase employment outcomes for consumers and reduce purchase of service costs for working age adults.

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This bill would require, on or before July 1, 2017, the department to establish a Work Transition Project with guidelines and an approved process for regional centers to allow blended or braided forms of integrated services using allowable services under existing state and federal law and to assist in the state’s efforts to reach compliance with the federal Home and Community-Based Services Waiver regulations. The bill would authorize the department to waive, until March 31, 2019, regulatory requirements that inhibit the provision of services in competitive integrated settings. The bill would require the department to assess the decrease in time that it takes a consumer under these provisions to become job ready and to transition into an integrated work setting and to report that information to the budget committee of each house of the Legislature during the annual budget process.

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The federal Workforce Innovation and Opportunity Act provides for workforce investment activities, including activities in which states may participate. Existing law also provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing federal law provides for various home- and community-based services waivers.

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This bill would express the intent of the Legislature to enact legislation that would ensure that individuals with developmental disabilities who are earning income do not lose their vocational opportunities and earning power due to changes related to the home- and community-based services settings rule, the implementation of the Workforce Innovation and Opportunity Act, or the debate over the use of productivity-based pay.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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(a) It is the intent of the Legislature to ensure
that individuals with developmental disabilities who are earning
income do not lose their vocational opportunities and earning
power due to changes related to the home- and community-based
services settings rule due to the implementation of the Workforce
Innovation and Opportunity Act.

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(b) Individuals with developmental disabilities struggle to find
gainful employment. Unemployment among the people with
developmental disabilities has been estimated at more than 80
percent.

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(c) California’s Employment First Policy and changes to the
federal home- and community-based services settings rule require
the state to increase opportunities for individuals with
developmental disabilities to achieve competitive integrated
employment.

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(d) There are thousands of consumers today earning some
income in existing employment programs who are complying with
current rules and deserve specific attention during this transition
period to ensure they have the opportunity for, and access to, more
integrated work settings of their choice.

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(e) In order to increase the self-sufficiency of adults with
developmental disabilities, including increased earning capacity
and reduced government benefit support, it is important that the
state implement a program to provide opportunities for individuals
to engage in job discovery and job readiness training to assist
their transition to more competitive integrated employment and
to ensure employment success.

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(f) The Governor and the Legislature must address the growing
need for new models of assessment, career training, and expanding
employment opportunities and support options for adults with
developmental disabilities who currently work in less integrated
work activity programs and group supported employment earning
less than minimum wage. If this population is left without
purposefully designed pathways into more competitive integrated
employment, these adults will be at higher risk of public
dependency throughout the course of their lives.

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begin insert SEC. 2. end insert   

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begin insert Section 4850.4 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

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begin insert 4850.4. end insert   

(a) (1) On or before July 1, 2017, the department
shall establish a Work Transition Project with guidelines and an
approved process for regional centers to allow blended or braided
forms of integrated services using allowable services under existing
state and federal law. The project shall assist in the state’s efforts
to reach compliance with the federal Home and Community-Based
Services Waiver regulations by March 31, 2019.

(2) A maximum of 75 hours per quarter, at no more than an
equivalent of $40 forty dollars ($40) per hour shall be allowed for
vendors to provide needed job readiness and support services
aimed at individualized transition services for consumers currently
placed in segregated work settings who choose to move toward
competitive integrated employment.

(3) For purposes of this subdivision, “blended or braided forms
of integrated services” means services for a single consumer that
are funded by multiple agencies or entities and that work as a
single program.

(b) The department shall allow regional centers to customize
skill development and job readiness programs for consumers, as
appropriate, by partnering with work activity programs and group
supported employment vendors to transition those consumers who
choose to move towards integrated competitive employment. The
department may waive, until March 31, 2019, regulatory
requirements that inhibit the provision of services in competitive
integrated settings.

(c) The department shall assess the decrease in time that it takes
a consumer under these provisions to become job ready and to
transition into an integrated work setting. The department shall
report to the budget committee of each house of the Legislature
during the annual budget process regarding the use of these
provisions and the measurable outcomes. Any report submitted
pursuant to this subdivision shall be submitted in compliance with
Section 9795 of the Government Code.

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SECTION 1.  

It is the intent of the Legislature to enact
legislation that would ensure that individuals with developmental
disabilities who are earning income do not lose their vocational
opportunities and earning power due to changes related to the
home- and community-based services settings rule, the
implementation of the Workforce Innovation and Opportunity Act,
or the debate over the use of productivity-based pay.

end delete