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Legislative Committee Kick-Off Meetings for December 2017

Join VMRC's Legislative Committee members for an important kick-off meeting to discuss proposed changes and legislative updates impacting consumers, families, and stakeholders. Learn about key bills and their potential outcomes in various sectors.

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Legislative Committee Kick-Off Meetings for December 2017

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  1. December 5, 2017VMRC Stockton Office 1:00pm-2:30pm WELCOME VMRC Legislative Committee KICK OFF Meetings for 2017 December 4, 2017VMRC San Andreas Office10:00am-11:30am December 4, 2017VMRC Modesto Office 2:00pm-3:30pm

  2. VMRC Legislative Committee • From proposed changes to VMRC By-laws- Section 5.08. Public Policy Committee (also known as “Legislative Committee”). The Public Policy Committee consist of a chairperson and at least three (3) other directors, and interested community stakeholders (at the discretion of the president), all appointed by the President. The President shall serve ex-officio on this committee and will vote on position recommendations to the board only in the event of a tie. This committee will establish a schedule of meetings sufficient to analyze proposed legislation impacting consumers, consumers' families, and stakeholders, monitor recommendations from the Association of Regional Center Agencies (ARCA), recommend positions for the board, inform our local community stakeholders, and inform our local policymakers of the impact of these proposals on people with developmental disabilities.

  3. VMRC Legislative Committee Members Candace Bright- CHAIR of this committee- Coalition of Local Area Service Providers (CLASP) & VMRC Board Tony Anderson- VMRC Executive Director Robert Balderama- VMRC Board Emily Grunder- VMRC Board Pernell Gutierriez- VMRC Board Dena Hernandez- SCDD North Valley Hills Anthony Hill- VMRC Legal staff Daime Hoornaert- CLASP member Tracie Leong- VMRC Board Claire Lazaro- VMRC Board Lynda Mendoza- VMRC Board Mohammad Rashid- VMRC Board Angelique Shear- VMRC Special Projects staff Ex-officio- Tom Bowe VMRC Board president

  4. BillsThe committee will Go over this information! please hold questions until the end!

  5. Bills Outcomes for…. ChildrenDental HousingOperational Employment Health GeneralCriminal Justice Providers

  6. ChildrenSB 612 -- Holly J. Mitchell (D-030) • Title: Foster Care: Transitional Housing • Summary: • Expands transitional housing options to include host families or staffed sites where participant lives. • Previous Law: • Participant must live independently in apartment, single family or condo leased by the provider or foster family agency certified home. • Impact: • Expands transitional housing options for foster care transition age children and adults. • Regulations must be adopted by State Department of Social Services. • Approved by Governor 10/12/17 Position: Support Subject: Children, Housing Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  7. ChildrenAB 1006 -- Brian Maienschein (R-077) • Title: Foster Youth • Summary: • Requires County social workers and probation officers to disclose mental health information to adoptive parent or guardians. County social workers are required to receive training related to trauma, loss and grief that manifest in children demonstrated by behaviors. • Previous Law: • County social workers’ training does not include trauma related to loss or grief experienced by children. • Impact: • Children’s mental health service needs are considered during the assessment and planning process. • Approved by Governor 10/12/17 Position: Support Subject: Children Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  8. ChildrenAB 507 -- Blanca E. Rubio (D-048) • Title: Resource Families: Training Topics • Summary: • Authorizes the County Social Service Agency discretionary authority to require caregivers to receive (1) or more hours of relevant training beyond the minimum requirement. • Previous Law: • Caregivers are only required to receive (8) hours of caregiver training yearly. • Impact: • Caregivers are required to receive specific training beyond the general yearly training requirements. • Approved by Governor 10/12/17 Position: Support Subject: Children Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  9. Children/ DentalSB 379 (Toni G. Atkins) • Title: Public Health: Oral Health Assessment • Summary: • Requires standardized form including parents’ rights posted online related to oral health assessment requirement. Oral health assessment required before student enrollment in school. Standardized form developed by State Department of Education in collaboration with State Dental Director. • Previous Law: • No online standardized form. • Impact: • Statewide uniformity with implementation of this requirement. Increases children’s dental screening and removed procedural barriers against access to education. • Approved by Governor 10/13/17 Position: Tracked Subject: Providers Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  10. HousingAB 1637 -- Todd Gloria (D-078) • Title: Local Housing Authority: Middle Income Housing Projects • Summary: • Authorizes local housing authorities within specified cities to develop and finance middle income housing projects. No gap financing for projects with housing units at or above market rent rates. • Previous Law: • Housing authorities are only allowed to develop affordable housing for very low income Californians. • Impact: • Increase affordable housing for middle income families including those having persons with developmental disabilities. • Approved by Governor 10/14/17 Position: Tracked Subject: Housing Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  11. HousingAB 74 -- David Chiu (D-017) • Title: Housing • Summary: • Requires before January 1, 2019, the Department of Housing and Community Development in the Business, Consumer Services, and Housing Agency to establish the “Housing for a Healthy California Program” to create affordable housing opportunities through grants to counties.  • Previous Law: • No specific housing initiative. The state agency had discretionary authority on how to allocate housing trust funds. • Impact: • Greater accountability and monitoring on how housing trust funds are allocated to increase the supply of rental housing for extremely low and very low income families, including homeless families. • Approved by Governor 10/14/17 Position: Support Subject: Housing Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  12. HousingAB 1521 (Bloom) • Title: Assisted Housing Developments • Summary: • Created greater tenant rights, related to subsidy based lease agreements, included injunctive relief, and gives courts authority to award attorney fees for plaintiffs. Restricts purchase of affordable rental properties to only entities currently managing affordable rental properties. • Previous Law: • No injunctive relief nor attorney fee awards for plaintiffs. Affordable rental properties can be purchased by any entity and converted to non- affordable housing projects. • Impact: • Retains existing affordable housing supply, from purchase by developers that will convert affordable housing to market rate properties. • Approved by Governor 9/29/17 Position: Support Subject: Housing Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  13. HousingSB 2 (Beall) • Title: Building Homes and Jobs Act • Summary: • Imposes a $75 recording fee for real estate documents. Fees capped at $225, does not apply to buying and selling transactions. • Previous Law: • State law does not impose a County recorder fee when real estate documents are recorded. • Impact: • Increase state funding for affordable housing projects, and home ownership opportunities. • Approved by Governor 9/29/17 Position: Support Subject: Housing Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  14. HousingAB 727 (Nazarian) • Title: MHSA -Housing Assistance • Summary: • Counties can use Mental Health Services Act funding for housing assistance. • Previous Law: • Existing law is unclear whether or not MHSA funds could be expended for housing assistance. • Impact: • Increase housing assistance for people in target population. • Approved by Governor 10/2/17 Position: Support Subject: Housing Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  15. EmploymentAB 1111 (Eduardo Garcia) • Title: Breaking Barriers to Employment Initiative • Summary: • Establishes workforce development board to create grant programs for people with barriers to employment. • Previous Law: • No current grant available to mitigate employment barriers. • Impact: • Foreseeable legislative appropriation of funding to create “ Breaking Barriers Employment Initiative Fund.” • Approved by Governor 10/15/17 Position: Support Subject: Employment Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  16. EmploymentAB 1607 (Jim Frazier) • Title: Developmental Service; Competitive Employment • Summary: • Authorizes regional center funding for a tailored day program while a consumer participates in either a supportive employment program or work activity program. • Existing Law: • Regional Center funding for tailored day program is only allowed in lieu of participation in either a supportive employment or work activity program. Requires community based vocational development pilot project. • Impact: • Eliminates community based vocational development pilot project (5 Regional Centers). Expands regional center funding authority for tailored day programs. • Vetoed by Governor 10/13/17 Position: Support if Amended Subject: Employment Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  17. GeneralAB 973 (Evan Low) • Title: Remote Accessible Vote by Mail System • Summary: • Adds option for persons with disabilities, U.S. citizens overseas or in the military to vote remotely. • Existing Law: • These class of persons can currently vote by mail ballot, not remotely. • Impact: • Allows for greater voting privacy for persons that might need help with completing mail ballot. • Vetoed by Governor 10/15/17 Position: Support Subject: General Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  18. GeneralAB 1379 (Tony Thurmond) • Title: Certified Access Specialist Program • Summary: • Increases the amount of fees collected by cities and Counties as part of building permits fees from $1 to $ 4 dollars. County or city to retain 90% of fees collected. 10% is allocated to Disability Access and Education Revolving Fund. • Previous Law: • Added building permit fee is $1 dollar not $4 dollars. The city or County retains 70% of fees collected. 30% is allocated to Disability Access and Education Revolving Fund. • Impact: • Retains funding stream for Disability Access and Education Revolving Fund. • Approved by Governor 10/11/17 Position: Tracked Subject: General Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  19. GeneralAB 1193 (Todd Gloria) • Title: Property Tax: Welfare Exemption: Low Income Housing • Summary: • Allows rental property owner to claim a tax exemption, if occupants income is 140 percent below average median income. • Previous Law: • Tax incentive, if property is used for religious, hospital, scientific, or charitable purposes and is owned and operated by certain nonprofit entities. • Impact: • Expands the scope of the tax exemption. Protects low income housing stock through property tax incentive. Approved by Governor 10/13/17 Position: Support Subject: General Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  20. GeneralSB 613 (Kevin de Leon) • Title: Immigration Status • Summary: • Eliminates the requirement for DDS, Division of Juvenile Justice, and State Department of State Hospitals to cooperate with the United States Bureau of Immigration to deport aliens confined or admitted. • Previous Law: • The above agencies are required to cooperate with the United States Bureau of Immigration. • Impact: • Eliminates unfunded mandate. • Approved by Governor 10/13/17 Position: Support Subject: General Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  21. GeneralSB 223 (Toni G. Atkins) • Title: Health Care Language Assistance • Summary: • Requires Health Plans to notify insured person(s) of availability of interpreter services in the top 15 threshold languages. Health Plans are required to provide interpreter services. • Previous Law: • Insured persons are required to provide their own interpreter services. • Impact: • Increased access to health care for persons with limited ‘English” proficiency. • Approved by Governor 10/13/17 Position: Tracked Subject: General Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  22. Criminal JusticeAB 935 (Mark Stone) • Title: Juvenile Proceedings: Competency • Summary: • Gives District Attorney and Criminal Defense attorney authority to retain competency experts. Limits confinement to no more than (6) months under suspended proceedings. If only misdemeanor offences, petition must be dismissed. • Existing Law: • Court appoints competency expert. Confinement can exceed (6) months. Petition remains active. • Impact: • Expands due process for juveniles. Expands authority of defense counsel and district attorney to retain experts. Discharges criminal liability. • Vetoed by Governor 10/13/17 Position: Tracked Subject: General Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  23. ProvidersSB 147 (Bill Dodd) • Title: Mobile Home: Residency • Summary: • Prohibits mobile home park management from imposing a fee on homeowners with live- in caregivers. Mobile homeowner ,if requested by mobile home park management is required to provide verification of need for live-in caregiver from a licensed health practitioner. • Previous Law: • Mobile home park management allowed to charge resident fees, if mobile homeowner had a live-in caregiver. • Impact: • Mobile homeowners with live-in caregiver no longer required to pay fees. Beneficial for homeowners with developmental disabilities. • Approved by Governor 10/13/17 Position: Tracked Subject: General Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  24. ProvidersSB 449 (Monning) • Title: SNF and ICF : training programs • Summary: • Requires SNF and ICF staff to receive at least (2) hours of pre-certification training in the area of Alzheimer’s disease. • Previous Law: • Requires SNF and ICF staff to receive at least (2) hours of classroom precertification training focused on developmental and mental disorders, including intellectual disability, Alzheimer’s disease, cerebral palsy, epilepsy, dementia, Parkinson’s disease, and mental illness. • Impact: • Increases SNF and ICF staff training in the area of Alzheimer’s disease, specifically. • Approved by Governor 9/25/17 Position: Tracked Subject: Providers Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  25. ProvidersAB 275 (Wood) • Title: Long-Term Care Licensure Change- Notice • Summary: • Requires that Long-term care residents receive 60 days notice before long-term facility closure or change in its licensure status. • Previous Law: • LTC only required to give 30 notice to residents before closure or change in licensure status. • Impact: • Increases notice requirement from 30 days to 60 days. Gives LTC- residents more time to move and locate other living options. • Approved by Governor 9/1/17 Position: Tracked Subject: Providers Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  26. ProvidersAB 675 (Cunningham) • Title: State Government Small Business Liaison • Summary: • Requires any state agency (e.g. CCL, DHS) that regulates small businesses to include the name of the small business liaison on its website, if it has a website. Agency must designate a small business liaison within 3 months of ( unfilled liaison position). • Previous Law: • No requirement for small business liaison’s name or contact information to be posted on state agency’s webpage. No 3 month requirement to fill vacant position. • Impact: • Increase public access to contact information to file complaints against small businesses. • Approved by Governor 7/21/17 Position: Tracked Subject: Providers Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  27. ProvidersAB 940 (Weber) • Title: Long-term Health Care Facilities Notice • Summary: • Requires Long-term Health Care facility provider to notify ombudsman before residents’ transfer or discharge. • Previous Law: • No current notice requirement for transfer or discharges initiated by Long-term Health Care facilities. • Impact: • Increases communication between Long-term Health Care facility and ombudsman. Protects residents ( including those residents with developmental disabilities) from improper evictions. • Approved by Governor 9/25/17 Position: Tracked Subject: Providers Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  28. Health/ ProvidersAB 1074 (Maienschein) • Title: Health care coverage: pervasive developmental disorder or autism • Summary: • This law requires that a qualified autism service professional and a qualified autism service paraprofessional be employed by a qualified autism service provider or an entity or group that employs qualified autism service providers. • Previous Law: • “ Behavior treatment” under a health care treatment plan is provided by qualified autism service professional supervised and employed by autism service provider. • Impact: • Allows the use of a qualified autism paraprofessional for the purpose of delivery of “ Behavior treatment” under a managed care plan. Expands the definition of a qualified autism service provider. • Approved by Governor 9/30/17 Position: Tracked Subject: Providers Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  29. Operations/ProvidersSB 63 (Jackson) • Title: Unlawful Employment Practice; Parental Leave • Summary: • Allows employees 12 weeks of leave, if employee has worked at least 1,250 hours during the prior 12 month period of time. This law applies to employers with 20 or more employees. Reason for leave can be newborn child, adopted child, care for sick spouse and other reasons. Allow employer to recover cost under certain circumstances. (See Law) • Previous Law: • Employer could not recover cost for employee leave. No mediation pilot program under the Fair Employment and Housing Council. • Impact: • Gives employees expanded rights to retain employment while on leave to take care of family members. Fair Employment and Housing Council must develop regulations. • Approved by Governor 10/12/17 Position: Tracked Subject: Providers Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  30. Operations/ ProvidersAB 168 (Eggman) • Title: Employer’s Salary Information • Summary: • An employer is prohibited from relying on the salary history of applicant as a factor in determining whether to offer applicant proposed salary. Employer must provide its salary scale for vacant positions, if requested. • Previous Law: • Employer could rely on applicant’s prior salary, when deciding to offer employment and amount of salary. Employer was not required to disclose salary scale. • Impact: • Increase greater reliance by employers on other factors instead of applicant’s prior salary when making hiring decisions and deciding the amount of pay to offer job applicants. • Approved by Governor 10/12/17 Position: Tracked Subject: Providers Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  31. Operations/ ProvidersAB 1008 (McCarty) • Title: Employment Discrimination, Conviction History • Summary: • An employer with 5 or more employees cannot ask questions in the application or interview about applicants’ prior criminal record, until after conditional offer for employment. Applicant can refute background information within (5) days. Employer must conduct assessment to show criminal conviction record has direct and adverse relationship with specific duties, if employer decides not to offer employment. Employer must give applicant assessment findings. • Previous Law: • Employer could conduct background check regarding applicant’s criminal history conviction prior to offering employment, and use information as reason to deny employment offer. No assessment requirement. • Impact: • Negate use of criminal record as a reason for denying employment. • Approved by Governor 10/14/17 Position: Tracked Subject: Providers Bills Link: http://leginfo.legislature.ca.gov/faces/home.xhtml

  32. Trailer Bills What are Trailer Bills?

  33. What are Trailer Bills? • Budget implementation bills are called "trailer bills" and are heard concurrently with the Budget Bill. • Proposedstatutory changes necessary to implement the Governor's Budget. • The Budget Act is the primary method for appropriations.

  34. Summary of 2017 Trailer Bills Impacting Regional Centers The other 20 Regional Centers in California!

  35. Medical Services/Infants and Toddlers • Title: Welfare and Institutions Code Section 4646.4 • Summary: • Gives the IFSP team authority to determine needed medical service is not available through private health insurance policy and or health care plan. ISFP team has authority to approve regional center funding for medical service. • Previous Law: • Allowed for the exhaustion of generic support or private funding options, including proof of insurance denial through due process procedure. • Impact: • Reduction of procedural delays preventing the implementation of IFSP goals and objectives.

  36. Respite Services • Title: Welfare and Institutions Code Section 4686.5 • Summary: • Eliminates respite funding ceilings. • Previous Law: • Regional centers only allowed to fund 90 hours of in-home respite quarterly. 21 days of out of home respite in a fiscal year. • Impact: • Gives the IPP team authority to authorize respite services according to consumers’ service needs. Exemption criteria is no longer applicable.

  37. Paid Internships/Competitive Employment • Title: Welfare and Institutions Code Section 4648.55 • Summary: • Regional center may fund paid internship or competitive integrated employment, at the same time consumer receives public education services. • Previous Law: • This exemption was not available. • Impact: • Supports consumers’ IPP goals and objectives related to employment.

  38. Rate Adjustments/ Rate Adjustment Workgroup • Title: Welfare & Institutions Code Sections 4688.21 and 4680 • Summary: • Vouchered community based training rate increase from $13.47 -$14.99 ( hourly). • Supportive employment individualized and group services rate increase from $34.24- $36.57 (hourly). • DDS rate adjustment workgroup including, advocates, consumers, family members to streamline process for rate adjustments. • Previous Law: • Lower hourly rates. Current health and safety rate adjustment process is procedurally burdensome. • Impact: • Sustainable services, protection of consumer health and safety.

  39. Purchase of Services (POS) Disparities- 1 • Title: Welfare & Institutions Code Section 4519.5 (h) • Summary: DDS obtains jurisdiction to approve disparities grant proposals and allocations. Input from regional center is required. • Previous Law: • DDS approves disparity grant allocations only. • Impact: • Regional Centers no longer have sole authority to deny disparities grant proposals. Shifting of jurisdiction. DDS has an expanded role in the disparity grant approval procedure.

  40. Purchase of Services (POS) Disparities- 2 • Title: Welfare & Institutions Code Section 4519.5 (h)(6) • Summary: • DDS required to post information on its website annually: • Strategies to involve groups where disparities exist • Assurance grant funding used only to address disparities • Method to evaluate disparity grants effectiveness • List of grant recipients • Previous Law: • No requirement to post information on DDS website. • Impact: • Greater accountability related to how disparities grant funds are expended.

  41. Performance Contract Measures/Employment • Title: Welfare & Institutions Code Sections 4629 & 4869 • Summary: • Regional Centers contracts with DDS must include performance objectives, measuring progress, and reporting outcomes aligned with Employment First Policy. • Measures may include strategic partnership agreements, and communication strategies for the purpose of informing consumers about existing supports available for integrated competitive employment. • Previous Law: • No specific contract requirements related to Employment First Policy. • Impact: • New contract obligation requiring regional centers to take steps intended to increase consumers’ employment opportunities.

  42. Community Placement Plan (CPP) • Title: Welfare & Institutions Code Section 4418.25 • Summary: • Requires DDS to establish guidelines for CPP funding to address needs of consumers living in community settings. • Previous Law: • CPP guidelines are specific to those consumers living in developmental centers. • Impact: • Expands regional centers’ use of CPP funds. Creates opportunities to develop specialized community safety net services.

  43. Community Placement Plan/ Resource Development Plan • Title: Welfare & Institutions Code Section 4679 • Summary: • CPP guidelines must have specific procedures, timelines, including person-centered planning focus. • Annually DDS must engage stakeholders statewide regarding guidelines. • Regional centers must conduct outreach endeavors with stakeholders to determine local needs, post priorities and approved proposals on websites. • Funding requests must include justification and quantitative data. • Regional Centers must submit CPP quarterly progress reports to DDS.

  44. Community Placement Plan/ Resource Development Plan(Continued) • Previous Law: • These requirements were best practice, not existing law. • Impact: • Engages stakeholder groups. Makes current practices law. Creates an opportunity for greater innovation and partnerships between regional centers. Supports legislative oversight of CPP expenditures.

  45. Community Placement Plan/Resource Development/ Housing • Title: Welfare & Institutions Code Section 4679.1 • Summary: • Annually DDS required to report to California Legislature; • Housing development funding policies and guidelines. • DDS and Regional Centers’ unmet needs assessment procedure. • DDS procedures to monitor housing developments. • Number of approved housing projects, in progress or occupied. • Number of new beds by facility type. • Reconciliation of housing gains measured against facility or program closures.

  46. Community Placement Plan/Resource Development Plan/Housing(Continued) • Previous Law: • No statutory requirement. • Impact: • Requirements helpful with estimating future housing needs for persons with developmental disabilities.

  47. Community Resource Development Funding • Title: Welfare & Institutions Code Section 4677 • Summary: • Gives DDS authority to allocate funding from Program Development Fund to fund community resource development projects. • Previous Law: • DDS funding for Program Development Fund had limited use. • Impact: • Additional funding for community resources.

  48. Enhanced Behavior Support Homes- 1 • Title: Health and Safety Code Section 1180.4 • Summary: • Enhanced Behavior Supports homes can use physical restraints or containments as methods to protect the health and safety of residents. Department of Social Services (DSS) must approved facility program plan. • Previous Law: • These behavior management methods were allowed as an exception, without DSS approval procedure. • Impact: • Added procedures to protect the health and safety of consumers living in Enhanced Behavior Support homes.

  49. Enhanced Behavior Support Homes-2 • Title: Welfare and Institutions Code Section 4684.80 • Summary: • Enhanced Behavior Supports homes are exempted from federal financial participation (FFP), if the home uses delayed egress devices with secured perimeters. • Previous Law: • Enhanced Behavior Support homes required to be eligible for FFP. • Impact: • Exception. Reduces FFP. Greater reliance on state funding to pay for this residential service. Supports Developmental Center closure plan.

  50. Enhanced Behavior Support Homes- 3 • Title: Welfare and Institutions Code Section 4684.81 • Summary: • DDS required by December 1, 2017 to develop guidelines regarding the use of restraint or containment in Enhanced Behavioral Support Homes. DDS must consult with experts and Disability Rights of California. • Previous Law: • No guidelines. These guidelines do not apply to Enhanced Behavior Support homes licensed before January 1, 2018. • Impact: • Protects consumers’ rights, health and safety.

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