CDCAN REPORT: Disability-Senior Rights - DS Task Force and Community Stakeholder Briefing (May 24, 2021)

May 24th (Monday) 2:00 - 3:30 PM: DEVELOPMENTAL SERVICES (DS) TASK FORCE AND COMMUNITY STAKEHOLDER BRIEFING for Governor's May Revise 2021-2022 (STATE BUDGET PROPOSAL) :

DETAILS ON DEVELOPMENTAL SERVICES (DS) TASK FORCE AND COMMUNITY STAKEHOLDER BUDGET BRIEFING

The following, compiled by CDCAN, are the links and other details on how to access the Zoom meetings and call by the Department of Developmental Services (DDS), briefing on the Governor's May Revise 2021-2022 state budget proposal

WHEN: MAY 24, 2021 - MONDAY ***Must Register***
TIME: 2:00 PM - 3:30 PM (Pacific Time)
NOTE: If state budget hearings are scheduled for this date and time, this briefing Zoom meeting may have to be rescheduled.
AGENCY: DEPARTMENT OF DEVELOPMENTAL SERVICES (DDS)
WHAT: DEVELOPMENTAL SERVICES TASK FORCE (FULL TASK FORCE) AND COMMUNITY stakeholders - PRESENTED IN SPANISH (LIVE ENGLISH TRANSLATION - See May 19th for English Presentation (with Spanish translation and ASL interpretation) of this same event)
FOCUS OF MEETING: STATE BUDGET BRIEFING (ON GOVERNOR'S MAY REVISE PROPOSAL)
PURPOSE OF TASK FORCE: According to the Department of Developmental Services (DDS), the 43 member Developmental Services (DS) Task Force "...provides guidance on the delivery of services to Californians who have intellectual and developmental disabilities". Forty-two individuals will serve on the Task Force, and an additional 115 people will serve on the Task Force’s five workgroups. In the past, 21 individuals served on the Task Force and workgroups combined. This Zoom meeting and call will also include "community stakeholders" - meaning the public.
IN-PERSON MEETING LOCATION: No
ZOOM LINK - REGISTER FOR MEETING (for May 24, 2021 only):
https://cal-dds.zoom.us/webinar/register/WN_Nl3L8oNiQ3WxNrkk7QMnXQ
Step 1: After clicking on the registration link, you will be taken to Zoom registration page titled "Webinar Registration" and will need to type in your first and last name and email address.
Step 2: After completing the registration, you will receive email response from "DS Task Force" with the subject line of "Spanish-Speaking Community Stakeholder Budget Briefing Confirmation" that will contain the link to the actual Zoom webinar that is specific to your registration only.
Step 3: Click on the Zoom link in the email confirmation to join the meeting. The department asks that people join the meeting 10 minutes early to test your audio/video and ensure a prompt start to the meeting.
PHONE ACCESS: To access the May 24, 2021, full Developmental Services (DS) Task Force and Community Stakeholder Budget Briefing Zoom Meeting by phone only (no registration needed):
PHONE NUMBER: 1 669 900 6833 ("Welcome to Zoom")
PHONE PASSCODE: n/a
WEBINAR - MEETING ID: 997 1729 3283 # (May 24th only)
REASONABLE ACCOMMODATIONS: An individual who requires reasonable accommodations or language interpretation to participate in the Developmental Services Task Force or workgroup meetings, send email to the department's Developmental Services (DS) Task Force (that also covers the workgroups):
DSTaskForce@dds.ca.gov
MEETING MATERIALS (AGENDA AND OTHER DOCUMENTS):
AGENDA: None posted yet.
PRESENTATION - DEVELOPMENTAL SERVICES TASK FORCE AND COMMUNITY STAKEHOLDER BUDGET BRIEFING (Informe Sobre el Presupuesto Grupo de Trabajo DS y Partes Interesadas de la Comunidad)
English Version - PDF Document (17 pages):
https://www.dds.ca.gov/wp-content/uploads/2021/05/DSTF_BudgetBriefing_presentation_05192021.pdf
Spanish Version - PDF Document (17 pages):
https://www.dds.ca.gov/wp-content/uploads/2021/05/DSTF_BudgetBriefing_presentation_SPANISH_05192021.pdf
HANDOUT (Folleto): California Department of Developmental Services Excerpt from DDS 2021 Budget Highlights
- May 14, 2021 (Departamento de Servicios de Desarrollo de California Extracto De Los Aspectos Destacados Del Presupuesto 14 de mayo de 2021)
English Version - PDF Document (3 pages):
https://www.dds.ca.gov/wp-content/uploads/2021/05/DSTF_handout_05192021.pdf
Spanish Version - PDF Document (3 pages):
https://www.dds.ca.gov/wp-content/uploads/2021/05/DSTF_handout_SPANISH_05192021.pdf
MORE INFORMATION ABOUT THE DEVELOPMENTAL SERVICES TASK FORCE:
EMAIL: DSTaskForce@dds.ca.gov
WEBPAGE - Developmental Services Task Force and Workgroups - and Past Task Force and Workgroup Meetings:
https://www.dds.ca.gov/initiatives/ds-task-force/
MEMBERSHIP OF THE DEVELOPMENTAL SERVICES TASK FORCE (JANUARY 7, 2021) - PDF Document (1 page): https://www.dds.ca.gov/wp-content/uploads/2021/01/DSTF_Members_01072021.pdf

LATEST PROPOSED BUDGET TRAILER BILL LANGUAGE IMPACTING DEVELOPMENTAL SERVICES
The following, compiled by CDCAN, are proposed budget trailer bill language by the Newsom Administration impacting directly the Department of Developmental Services (DDS) earlier this year - and also most recently in the past several days. More proposed budget trailer bill language covering other proposals in the Governor's May Revise may be released by the Administration in the coming days.
The Legislature must approve not only the main budget bill - but also budget bill language (that is good just for that budget year) and legislative language in budget related bills that are passed after the main budget bill - called budget trailer bills because those bills follow or trail the main budget bill (to make necessary changes in state law to implement certain parts of the main budget bill).
The Legislature can - and often does - modify the budget trailer bill language proposed by an Administration - and also can propose and pass their own budget trailer bill language.
Also listed below are several proposed budget trailer bills from the Newsom Administration impacting the IHSS 7% across-the-board reduction and the one-time increase in the state part of the SSI/SSP grants for individuals (the state portion is "SSP" or State Supplemental Payment). Also listed - though previously reported earlier this week by CDCAN - is proposed budget trailer bill language from the Newsom Administration regarding a change in state law regarding guiding principles that prohibited use of GPS in the implementation of the federal Electronic Visit Verification (EVV) Phase I requirements.
All budget trailer bill language is subject to change and approval by the Legislature.

NEW SELF DETERMINATION PROGRAM SUPPORTS BUDGET TRAILER BILL LANGUAGE
TITLE OF PROPOSED LANGUAGE: Self Determination Supports - May 19, 2021 - PDF Document (16 pages):
https://esd.dof.ca.gov/trailer-bill/public/trailerBill/pdf/492

NEW COMPETITIVE INTERGRATED EMPLOYMENT INCENTIVE PAYMENTS AND PAID INTERNSHIP DEVELOPMENT BUDGET TRAILER BILL LANGUAGE
TITLE OF PROPOSED LANGUAGE: Competitive Integrated Employment Incentive Payments
and Paid Internship Development - May 19, 2021 - PDF Document (3 pages):
https://esd.dof.ca.gov/trailer-bill/public/trailerBill/pdf/490

NEW ELIMINATION OF SUNSETS OF REGIONAL CENTER PROVIDER SUPPLEMENTAL RATE INCREASES AND ELIMINATION OF UNIFORM HOLIDAY SCHEDULE REDUCTION BUDGET TRAILER BILL LANGUAGE
TITLE OF PROPOSED LANGUAGE: Elimination of Suspensions: Service Provider Rate Increase and Uniform Holiday Schedule - May 19, 2021 - PDF Document (4 pages):
https://esd.dof.ca.gov/trailer-bill/public/trailerBill/pdf/489

NEW STAR HOME DGS LEASE EXEMPTION FOR HOMES IN PROGRESS BUDGET TRAILER BILL LANGUAGE
TITLE OF PROPOSED LANGUAGE: STAR Home DGS Lease Exemption for Homes in Progress - May 19, 2021 - PDF Document (1 page):
https://esd.dof.ca.gov/trailer-bill/public/trailerBill/pdf/491

COMMUNITY NAVIGATOR PROGRAM BUDGET TRAILER BILL LANGUAGE:
Implements a statewide community navigator model to increase access to and utilization of needed services in diverse communities
TITLE OF PROPOSED LANGUAGE: Community Navigators - January 29, 2021 - PDF Document (6 pages):
https://esd.dof.ca.gov/trailer-bill/public/trailerBill/pdf/318

ACUTE CRISIS CLARIFICATION AND ADMISSION EXTENSION BUDGET TRAILER BILL LANGUAGE
Among other things, would clarify that “acute crisis home operated by the Department of Developmental Services (DDS) means property used to provide Stabilization, Training, Assistance and Reintegration (STAR) services (and deletes specific references to acute crisis centers at Fairview Developmental Center and Sonoma Developmental Center)
TITLE OF PROPOSED LANGUAGE: Acute Crisis Clarification and Admission Extension - January 28, 2021 - PDF Document (13 pages):
https://esd.dof.ca.gov/trailer-bill/public/trailerBill/pdf/319

ADULT RESIDENTIAL FACILITIES FOR PERSONS WITH SPECIAL HEALTH CARE NEEDS (ARFPSHN) BUDGET TRAILER BILL LANGUAGE
Among other things, would establish “Group Home for Children with Special Health Care Needs” (GHCSHN) that means any children’s residential facility that provides 24-hour health care and intensive support services in a homelike setting that is licensed to serve up to five children with developmental disabilities as defined in Welfare and Institutions Code Section 4512.
TITLE OF PROPOSED LANGUAGE: Residential Facilities for Special Health Care Needs - January 28, 2021 - PDF Document (11 pages):
https://esd.dof.ca.gov/trailer-bill/public/trailerBill/pdf/333

ELECTRONIC VISIT VERIFICATION (EVV) PHASE II BUDGET TRAILER BILL LANGUAGE
Would authorize the Department of Health Care Services (and its partners that include California Department of Social Services, the Department of Developmental Services (DDS), the California Department of Public Health (CDPH), and the California Department of Aging (CDA), to undertake action to implement an electronic visit verification system (Phase II) for purposes of obtaining and maintaining federal approval or ensuring federal financial participation is available or not otherwise jeopardized, and to partner and contract with specified governmental entities, including the California Department of Social Services, to comply with federal requirements on electronic visit verification. If a provider renders Medi-Cal services that are subject to electronic visit verification, the bill would require the provider to comply with requirements on electronic visit verification, as established by the Department of Health Care Services and its partners, and would authorize the department and its partners to take prescribed action, such as requiring an approved correction action plan, to address a provider’s noncompliance of those requirements. The bill would authorize the department and its partners to enter into contracts to implement these provisions
TITLE OF PROPOSED LANGUAGE: Electronic Visit Verification Phase II - February 16, 2021 - PDF Document (4 pages):
https://esd.dof.ca.gov/trailer-bill/public/trailerBill/pdf/340
CDCAN NOTE: See below for proposed budget trailer bill language by Newsom Administration, issued May 14, 2021, impacting Electronic Visit Verification Phase I (IHSS)

LANTERMAN PROVISIONAL ELIGIBILITY (FOR CHILDREN AGES 3 TO 4 YEARS) BUDGET TRAILER BILL LANGUAGE
Would authorize provisional eligibility for children aged 3 and 4 to reduce the likelihood of children experiencing delays in receiving services, which can lead to long-term impacts and a need for more intensive services and supports
TITLE OF PROPOSED LANGUAGE: Lanterman Provisional Eligibility - May 14, 2021 - PDF Document (4 pages):
https://esd.dof.ca.gov/trailer-bill/public/trailerBill/pdf/429

REGIONAL CENTER PROVIDER DIRECT SERVICE PROFESSIONALS WORKFORCE TRAINING AND DEVELOPMENT BUDGET TRAILER LANGUAGE
The proposed budget trailer bill language would require that the Department of Developmental Services (DDS) develop and implement enhanced direct service professional training that promotes services that are person-centered, culturally and linguistically sensitive, and improve outcomes for individuals with intellectual and developmental disabilities. The training shall include, but is not limited to, the following elements: (1) Competency based. (2) Tiered training and certification. (3) Continuing education. (4) A pay differential for staff defined by the department as direct service professionals who successfully complete the required training. (5) Outcome measures as defined by the department. In implementing this section, the department shall consult with stakeholders
TITLE OF PROPOSED LANGUAGE: Direct Service Professionals Workforce Training and Development - May 16, 2021 - PDF Document (1 page)::
https://esd.dof.ca.gov/trailer-bill/public/trailerBill/pdf/459

BILINGUAL PROVIDER STAFF DIFFERENTIAL budget TRAILER BILL LANGUAGE
Would establish a verification process for bilingual competency and provides a differential to increase the availability of regional center funded provider staff who are bi/multi-lingual
TITLE OF PROPOSED LANGUAGE: Bilingual Staff Differential - May 14, 2021 - PDF Document (1 page):
https://esd.dof.ca.gov/trailer-bill/public/trailerBill/pdf/430

IMPLICIT BIAS TRAINING TRAILER BILL LANGUAGE
Would require implicit bias training for regional center staff involved in eligibility determinations.
TITLE OF PROPOSED LANGUAGE: Implicit Bias Training - May 14, 2021 - PDF Document (6 pages):
https://esd.dof.ca.gov/trailer-bill/public/trailerBill/pdf/431

UNFREEZE ICF-DD AND FREE STANDING PEDIATRIC SUBACUTE CARE UNITS RATES BUDGET TRAILER LANGUAGE
TITLE OF PROPOSED LANGUAGE: Reimbursement for Intermediate Care Facilities and Freestanding Pediatric Subacute Care Units - May 14, 2021 - PDF Document (3 pages):
https://esd.dof.ca.gov/trailer-bill/public/trailerBill/pdf/423

REGIONAL CENTER PERFORMANCE INCENTIVES PROGRAM BUDGET TRAILER LANGUAGE
Would require on or before September 1, 2021, the Department of Developmental Services (DDS) to convene the workgroup described in subdivision (b), the purpose of which shall be to make recommendations to the department for the development of standard performance improvement indicators and benchmarks to incentivize high quality Regional Center operations. In appointing members to the stakeholder group, the director shall consider: (1) Individuals or consultants with expertise in developing performance indicators and incentive programs within developmental disability systems and/or community based long term services and supports systems; (2) Consumers and families across different geographic regions of the state and from diverse racial and ethnic backgrounds, diverse consumer age groups and disabilities;
(3) Regional center representatives; (4) Service providers; (5) Representatives of other state agencies or entities with whom the Department of Developmental Services routinely collaborates for the coordination of services for people with developmental disabilities, who additionally have expertise in setting or reporting of indicators and benchmarks, including reporting to federal Center for Medicare and Medicaid Services; and (6) Representatives of California’s University Centers for Excellence in Developmental Disabilities and advocacy groups. On or before February 1, 2022, the stakeholder workgroup shall provide recommendations to the Department of Developmental Services (DDS) regarding a process of standard performance improvement indicators and benchmarks to use as the foundation for incentivizing regional center operations.
TITLE OF PROPOSED LANGUAGE: Performance Incentives Program - May 16, 2021 - PDF Document (2 pages):
https://esd.dof.ca.gov/trailer-bill/public/trailerBill/pdf/458

ALSO OTHER PROPOSED BUDGET TRAILER BILL LANGUAGE:
The following, compiled by CDCAN, while not directly impacting the Department of Developmental Services (DDS), impacts many of the people it serves:

ELIMINATE SUSPENSION OF PROPOSITION 56 SUPPLEMENTAL RATE INCREASES
Would make permanent (by eliminating the December 31, 2021 sunset) Proposition 56 (the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 passed by voters) supplemental
payments or rate increases for specified Medi-Cal service categories, including physician services, dental services, trauma and developmental screenings, provider trainings, non-emergency medical transportation, certain value-based payments, intermediate care facilities, freestanding pediatric subacute facilities, and community-based adult services.,including value-based payment (VBP) programs.
TITLE OF PROPOSED LANGUAGE: Eliminate Suspension of Proposition 56 Supplemental Payments - May 14, 2021 - PDF Document (7 pages):
https://esd.dof.ca.gov/trailer-bill/public/trailerBill/pdf/420

ELIMINATE SUSPENSION OF MEDI-CAL ADULT OPTIONAL BENEFITS
Would make permanent (by eliminating the December 31, 2021 sunset) several Medi-Cal adult optional benefits including audiology and speech therapy, incontinence creams and washes, optician and optical lab services, and podiatry benefits.
TITLE OF PROPOSED LANGUAGE: Eliminate Suspension of Adult Optional Benefits - May 14, 2021 - PDF Document (3 pages):
https://esd.dof.ca.gov/trailer-bill/public/trailerBill/pdf/418

IHSS 7% REDUCTION BUDGET TRAILER BILL LANGUAGE
Governor's May Revise budget proposes the elimination of the 7% reduction in service hours for all recipients (that has been on hold and not implemented for the past several years).
TITLE OF PROPOSED LANGUAGE: Eliminating the In-Home Supportive Services (IHSS) 7 Percent Reduction - May 17, 2021 - PDF Document (9 pages):
https://esd.dof.ca.gov/trailer-bill/public/trailerBill/pdf/481
CDCAN Note: This proposed language strikes-out (eliminates or repeals) existing state law that authorized the 7% reduction (that reduction has been on hold and not implemented for the past several years - but now, with this language, will be totally eliminated and not just suspended).

SSI/SSP (SUPPLEMENTAL SECURITY INCOME/STATE SUPPLEMENTAL PAYMENT) ONE-TIME INCREASE TO STATE PORTION (SSP) OF GRANT FOR INDIVIDUALS
Governor's May Revise budget proposes increase of $66,287,000 to restore SSP, Cash Assistance Program for Immigrants, and California Veterans Cash Benefit recipients COLA for individuals back to 2011 payment levels
TITLE OF PROPOSED LANGUAGE: State Supplementary Payment Increase - May 17, 2021 - PDF Document (1 page):
https://esd.dof.ca.gov/trailer-bill/public/trailerBill/pdf/478
CDCAN Note: This proposed language would amend Section 12201.06 of the Welfare and Institutions Code is amended to read: "(b) Commencing January 1, 2022, the amount of aid paid pursuant to this article, in effect on December 31, 2021, less the federal benefit portion received under Part A of Title XVI of the federal Social Security Act, shall be increased to the payment levels in effect on January 1, 2011."

IHSS - ELECTRONIC VISIT VERIFICATION (EVV) PHASE I
As previously reported by CDCAN on Sunday (May 16th), new trailer bill language that would rescind existing state law that currently prohibits in Phase I, a EVV system that use a GPS or geotracking or global positioning system capabilities.
TITLE OF PROPOSED LANGUAGE: Electronic Visit Verification (EVV) Guiding Principles - May 14, 2021 - PDF Document (2 pages):
https://esd.dof.ca.gov/trailer-bill/public/trailerBill/pdf/444
CDCAN Note: The proposed budget trailer bill language strikes out or deletes the following sentence currently in state law: "The EVV system shall not utilize geotracking or global positioning system capabilities" (this sentence would be rescinded or deleted from state law), and instead would propose to ADD new language to existing state law that says "The department [California Department of Social Services] shall collaborate with stakeholders to identify the least intrusive manner to record the location of in-home supportive service delivery at the time service begins and ends each day, to the extent necessary to comply with the federal 21st Century Cures Act and related federal guidance." The new trailer bill would also add the following provision that exempts from EVV Phase I implementation, live-in providers: "(Consistent with the requirements of the federal 21st Century Cures Act and related federal guidance, in-home supportive service providers and recipients who live in the same residence are not subject to EVV requirements"
The change in the guiding principles for the implementation of EVV in Phase I (impacting IHSS and Waiver Personal Care Services) does not technically authorize use of GPS - but by eliminating the prohibition of using GPS in Phase I (no such prohibition exists in state law for Phase II), it does give the state the option to use GPS or a form of that to implement EVV in Phase I.