Developmental services.

(1) Existing law, the California Early Intervention Services Act, provides a statewide system of coordinated, comprehensive, family-centered, multidisciplinary, and interagency programs that are responsible for providing appropriate early intervention services and supports to all eligible infants and toddlers and their families, and requires an eligible infant or toddler receiving services under the act to have an individualized family service plan. The act requires these services to be provided pursuant to the existing regional center system under the Lanterman Developmental Disabilities Services Act and the existing local education agency system. Existing law defines the term "eligible infant or toddler" to mean infants and toddlers from birth through 2 years of age for whom a need for early intervention services is documented by means of assessment and evaluation and who meet one of specified criteria, including having a developmental delay in one or more of 5 specified areas, meaning that they are determined to have a significant difference between the expected level of development for their age and their current level of functioning. Existing law defines significant difference as a 33% delay in one or more development areas. This bill would instead define developmentally delayed infants and toddlers as those who are determined to have a difference between the expected level of development for their age and their current level of functioning, and would delete the definition of significant difference. (2) Existing law requires each service identified on the individualized family service plan to be designated as an early intervention service, another service that the eligible infant or toddler or his or her family may receive from other state programs, or a referral to a nonrequired service that may be provided to an eligible infant or toddler or his or her family. With the exception of durable medical equipment, existing law prohibits a regional center from purchasing nonrequired services, but authorizes a regional center to refer a family to a nonrequired service, as specified. This bill would repeal that prohibition on purchasing nonrequired services. (3) Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is responsible for providing various services and supports to individuals with developmental disabilities, and for ensuring the appropriateness and quality of those services and supports. Under existing law, the department contracts with regional centers to provide services and supports to persons with developmental disabilities. The services and supports to be provided to a regional center consumer are contained in an individual program plan, developed in accordance with prescribed requirements. Existing law defines a "developmental disability" as a disability that originates before an individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for the individual. This bill would remove from the definition of "developmental disability" the requirement that the disability constitute a substantial disability for the individual. (4) Existing law prohibits regional centers from purchasing experimental treatments, therapeutic services, or devices that have not been clinically determined or scientifically proven to be effective or safe or for which risks and complications are unknown. This bill would repeal the prohibition described above. (5) Existing law requires the department, in consultation with stakeholders, to develop an alternative service delivery model that provides an Individual Choice Budget and suspends a regional center's authority to purchase certain services, including, among others, camping services and associated travel expenses, pending implementation of the Individual Choice Budget and certification that the Individual Choice Budget has been implemented and will result in state budget savings, as specified. This bill would repeal the suspension described above. (6) Existing law establishes the Family Cost Participation Program, which requires the department to develop and establish a Family Cost Participation Schedule, consisting of a sliding scale for families with an annual gross income of not less than 400% of the federal poverty guideline, as specified, to be used by regional centers to assess the parents' cost participation for providing services to their children under 18 years of age who have developmental disabilities and who are not eligible for Medi-Cal, among other eligibility criteria. This bill would repeal those provisions.