Senate Bill No. 1281  Advancing Equity and Access in the Self-Determination

This assembly bill was introduced by Senator Menjivar on February 15, 2024. The Lanterman Developmental Disabilities Services Act mandates that the State Department of Developmental Services partner with regional centers to offer services and support to individuals with developmental disabilities and their families. Regional centers procure necessary services from approved providers or arrange for them through other publicly funded agencies. These services are outlined in an individual program plan (IPP), developed by a planning team following specific procedures. The law also requires the department to establish and implement a Self-Determination Program statewide. This program gives participants and their families more flexibility and control over decisions, resources, and services in their IPP, within a specified budget. The Legislature intends to promote statewide uniformity, consistency, and equity in the administrative practices and services of regional centers, in line with the act.

The Advancing Equity and Access in the Self-Determination Program Act would mandate the department to create standardized statewide processes and procedures for the Self-Determination Program by January 1, 2026. These processes and procedures must be consistently applied by regional centers to ensure equitable enrollment based on race, ethnicity, and regional center. Any deviation from the standardized processes and procedures would need approval from the department.

Under current law, participants have the option to select a financial management services provider to help manage and allocate the funds in their individual budget, ensuring they have the necessary financial resources to carry out their IPP for the year. The regional center is obligated to cover the complete costs of the participant's chosen financial management services provider.

This bill proposes a deviation from the current requirement regarding the payment of "employer burden" costs by participants. It specifies that participants must pay certain state and federally mandated employee benefits, which are part of the participant's spending plan. These costs are limited to the mandated costs for Federal Insurance Contributions Act (FICA) for Social Security and Medicare employer contributions, federal unemployment tax, state unemployment tax, employment training tax, and sick leave. Additionally, the bill mandates workers' compensation and liability insurance to be included in the employer burden for financial management services. It also requires the department to collect and publish employer burden rates from each financial management service provider. Furthermore, the bill stipulates that regional centers must ensure participants have a choice of financial management services providers for all budget sizes. The department is also required to annually assess the availability, adequacy, and solvency of financial management services providers at each regional center, as specified.