REGIONAL CENTER VENDORIZATION BILL (AB 1393) DRAWING OPPOSITION - HEARING ON JUNE 25th POSTPONED AT LEAST FOR ONE WEEK

A scheduled hearing before the Senate Health and Human Services Committee for AB 1393, a bill that would impact how community-based organizations and others are authorized (vendorized) to provide services and supports to people with developmental disabilities, was postponed for at least one week due to growing opposition to the bill.  The hearing, scheduled originally for June 25, was postponed yesterday, with the possibility of being rescheduled for July 2 (Wednesday).

The postponement of the hearing was made to allow the committee staff time to work with opponents and supporters of the bill for possible amendments that would resolve concerns and differences. Postponing a hearing for a bill is not considered unusual, especially when opposition develops. It is not clear at this time if the effort to bridge concerns will be successful.

The bill, authored by Assemblywoman Patricia Bates (R-Laguna Niguel, 73rd District), and supported by the Regional Center of Orange County and also the Association of Regional Center Agencies among other groups, would require the director of the Department of Developmental Services to adopt regulations to revise the vendorization process.  The legislation, which passed the Assembly virtually with no opposition, is drawing significant opposition now from community-based provider organizations in the state, who claim that the bill seriously infringes on the choices of people with developmental disabilities and their families who need services under the current civil rights act that protects them (the Lanterman Developmental Disabilities Services Act).  Proponents deny that claim,

Vendorization (or contracting) is the process by the Department of Developmental Services and regional centers to identify and authorize community-based organizations and others to provide services and supports for people with developmental disabilities and their families. The process is governed by regulations and existing law under the Lanterman Developmental Disabilities Services Act. California is the only state in the nation that provides specific rights and protections for people with developmental disabilities.

Arc California, a statewide association of agencies that serve people with developmental disabilities originally attempted to work with Assemblywoman Bates' office to resolve differences and concerns in the bill before its first hearing in the Assembly Human Services Committee.  The opposition by Arc California, the oldest statewide association related to people with developmental disabilities, has since been joined by several other providers and statewide organizations including the California Rehabilitation Association and United Cerebral Palsy among other groups. Arc California says the bill is of significant concern and should be amended. It is not certain at this point if the author of the bill or its supporters will agree to these proposed changes.

SUMMARY OF THE LEGISLATION (AB 1393)
* AB 1393 - DEVELOPMENTAL SERVICES: REGIONAL CENTER VENDORIZATION
AUTHOR: Assemblywoman Patricia Bates (R-Laguna Niguel, 73rd Assembly district)
WHAT THE BILL DOES: States the intent of the Legislature to revise the vendorization process in order to give support to regional centers that meet local needs and offer "high quality" services and supports. Requires Department of Developmental Services to adopt regulations specifying the process to be used in determining the need for services and supports within a regional center area. Requires the regulations to address special factors, and would require the purchase of services and supports by a regional center to be consistent with these factors.
CURRENT STATUS (as of 6/19): In Senate Health and Human Services Committee - hearing postponed by the committee.
HEARING: The 6/25 hearing is postponed at least until 7/2.
LAST TIME AMENDED: 6/17/03 (does not reflect concerns raised by opposition)
WHO THIS PRIMARILY IMPACTS: People with developmental disabilities, their families, community-based organizations and others who provide services and supports, regional centers

NEXT STEPS
* SENATE: the bill must pass out of Senate Health and Human Services by July 11 or it will be held there until next January 2004. If the bill is heard by July 11 but fails to pass, the author can request that the action be "reconsidered" - which means the committee would re-vote on the bill again next year.