Contra Costa Health Services Developmental Disabilities Council Board of Directors Meeting October 22, 2008 “The California Legislative Blue Ribbon Commission on Autism: Overview & Update ─ Where Are We Now?” by Lou Vismara, M.D. Lou Vismara, M.D. Policy Consultant, Senator Don Perata
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Contra Costa Health Services Developmental Disabilities Council Board of Directors Meeting October 22, 2008 “The California Legislative Blue Ribbon Commission.
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Contra Costa Health Services Developmental Disabilities Council Board of Directors Meeting
October 22, 2008
“The California Legislative Blue Ribbon Commission on Autism: Overview & Update ─
Where Are We Now?”
by
Lou Vismara, M.D.Lou Vismara, M.D.Policy Consultant, Senator Don Perata
• Increasing Awareness• Expanding basic and applied Research • The greater focus on the development and use
of evidence-based best practices• Intensified advocacy• Accelerated Public Policy Reform efforts
The California Legislative Blue Ribbon Commission on Autism
____________________________________________
• Legislation authored by Senate President Pro Tem, Don Perata and supported by former Assembly Speaker Fabian Nunez• Enacted in 2005 • Senate Concurrent Resolution – SCR 51 – Sponsored by The Help
Group• Receives Unanimous & bipartisan support• The Autism Commission will “sunset” on Nov. 30, 2008
Senate President Pro Tem Don Perata, Dr. Barbara Firestone, Former Assembly Speaker, Assemblymember Fabian Núñez
Autism Commission Goals
• Identify Existing Problems & Gaps
• Review Potential Strategies
• Provide Specific Recommendations
The California Legislative Blue Ribbon Commission on Autism
____________________________________________
Factors and Considerations
• Consumers, parents, & families as well as individuals working in the field must be involved
• The state should have a clear role and responsibility to address these issues
• The solutions should be clearly identified
• The solutions should be reasonable & feasible to implement.
• The solutions should have outcomes that can be monitored & measured
• The solutions should have the potential to effect broad “systems change”
The California Legislative Blue Ribbon Commission on Autism
THE PROCESS
Commission Forms Three Task Forces
1. Early identification & intervention2. Education & continuous treatment3. The “aging out” of children
The California Legislative Blue Ribbon Commission on Autism
____________________________________________
Task Forces Submit Reports, March 1, 2007
Statewide Town Hall Meetings
Final Report to Governor & Legislature, September 2007
Legislation Extends Commission to November 2008
The Commission’s Recommendations Lay the Groundwork for the
Autism Legislative Package
The Autism Commission’s Report to the Governor & Legislature
________________________________________________
The Commission Developed Policy Recommendations Related To
1. Building Models of Integrated, Comprehensive Services for Early Identification & Intervention
2. Ensuring Appropriate and Equitable Coverage for ASD by Private Health Plans & Insurers
3. The ASD Public Health Crisis: Improving Access to Services & Navigating Complex Systems of Care
4. Preparing Teachers & Other School-Based Personnel to Educate Children with ASD
5. Resolving Service Disputes Effectively & Equitably
6. Designing New Employment & Housing Strategies for Individuals with ASD
7. Increasing Awareness and Knowledge of ASD among Law Enforcement Officers & Other First Responders
April 2, 2008 Press Conference in Sacramento Announcing the Autism Legislative Package
_______________________________________________
Dr. Barbara Firestone, Sen. Tom Torlakson, Sen. Don Perata, Sen. Darrell Steinberg, Dr. Lou Vismara
SB 527 – Early Identification of ASD (Sen. Steinberg)_______________________________________________________
Problems & Challenges
• Only 57% of children 10-35 months of age ~ developmental screen
• Barriers to effective medical screening included lack of:time (80%); payment (66%); staffing (51%); training (28%)
• Delayed diagnosis in 60-80% of children with developmental disabilities
• Underserved populations face unique barriers
• > 50% of children with ASD are diagnosed after starting school
Policy Recommendations
• Improve communication & case management
• Improve training for health care professionals
• Improve data and information sharing
• Professional development
• This bill establishes a pilot project to promote best practices & coordination among systems of care to improve the appropriate early detection, assessment, intervention and treatment of children with ASD.
• This bill requires the State Department of Developmental Services to partner with at least one regional center to implement a 2-year ASD Early Screening, Intervention, & Treatment Pilot Program in at lest 3 key geographic areas.
• This bill, which is supported by First 5California, requires DDS to apply to the California Children and Families Commission for funding.
• DDS shall report the results of the pilot program to the Governor and Legislature by July 1, 2011.
SB 527 – Early Identification of ASD (Sen. Steinberg)_______________________________________________________
Bill: SB 527 2007-2008 VETOED DATE: 09/30/08
To the Members of the California State Senate: I am returning Senate Bill 527 without my signature. I share the author's strong commitment to the early identification and treatment of children with autism spectrum disorders. However, the provisions of this bill can be accomplished administratively with funding from private, non-state general fund sources. In addition, given our state's ongoing fiscal challenges, it is not the time to be enacting new programs in statute. I would encourage the author and sponsors to work directly with entities willing to fund this type of program. For these reasons, I cannot support this bill. Sincerely, Arnold Schwarzenegger
SB 1475 –Transitional Services between Regional Centers & School Districts for Early ASD Treatment (Sen. Torlakson)
• Transition at 3 years of age is a crisis to many families
• Disruption in continuity of services
• Lack of coordination between regional centers and school districts
• Re-duplication of evaluations and assessments
• School districts often lack resources, infrastructure, & personnel
• Delay in crucial services while regional centers and school districts quarrel over funding sources
Policy Recommendations• Provide comprehensive, integrated, seamless services• Functional approach to child development• Build on existing models of voluntary collaboration between regional centers
and school districts• Effective early intervention is “win-win” for both
regional centers & school districts
• This bill establishes a 2-year pilot project to provide methods, instruments and systems of care between regional centers and school districts for the early identification and assessment of children with ASD (0-5 years of age.)
• The State Department of Developmental Services (DDS) shall identify and implement existing models of excellence and best practices that promote seamless, coordinated, and integrated programs between regional centers and local school districts
• Voluntary collaboration between regional centers and school districts with availability of funding, resources, and technical assistance.
• DDS shall apply to the California Children and Families Commission for funding.
• DDS shall provide a report and recommendations on this pilot project to the Legislature by June 1, 2012
SB 1475 –Transitional Services between Regional Centers & School Districts for Early ASD Treatment (Sen. Torlakson)
To the Members of the California State Senate: I am returning Senate Bill 1475 without my signature. I share the author's strong commitment to the integration of services for children with autism spectrum disorders. However, the provisions of this bill can be accomplished administratively with funding from private, non-state general fund sources. In addition, given our state's ongoing fiscal challenges, it is not the time to be enacting new programs in statute. I would encourage the author and sponsors to work directly with entities willing to fund this type of program. For these reasons, I cannot support this bill. Sincerely, Arnold Schwarzenegger
SB 1563 – Health Insurance Coverage (Sen. Perata)__________________________________________________________
Problems & Challenges:• California’s existing mental health parity law requires coverage for the
diagnosis and medically necessary treatment of ASD• Nevertheless, many children and adults with ASD are not receiving
appropriate interventions • Health plans and insurers are often denying such services as ABA; speech &
occupational therapy• Many health plans and insurers are referring consumers to regional centers
and school districts for these interventions
Policy Recommendations:• All health plans should treat ASD as a neurological medical condition &
provide the comparable coverage • Services and interventions must not be excluded based on
the diagnosis of ASD• Medically necessary services for ASD must be more clearly defined &
enforced by the Department of Managed Health Care (DMHC) and the Department of Insurance (DOI)
SB 1563 – Health Insurance Coverage of ASD (Sen. Perata)_______________________________________________________
• The Department of Managed Health Care and the Department of Insurance
shall review guidelines and standards on the screening, diagnosis, assessment, and treatment of autism and other pervasive developmental disorders
• The Department of Managed Health Care and the Department of Insurance shall develop recommendations by July 1, 2009, on ensuring that health plans and insurers provide appropriate and equitable coverage for those illnesses
• These recommendations would be consistent with the protections provided under the existing California Mental Parity Law, which specifically identifies ASD and PDD.
Bill: SB 1563 2007-2008 VETOED DATE: 09/27/08
To the Members of the California State Senate: I am returning Senate Bill 1563 without my signature. The provisions of this bill are currently being accomplished administratively through the Department of Managed Health Care. Therefore, this bill is unnecessary and duplicative of existing work. For this reason, I am unable to support this bill. Sincerely, Arnold Schwarzenegger
SB 1175 – Expansion of Housing for ASD (Sen. Steinberg)________________________________________________________
Problems & Challenges:• DDS population (230,000) is growing at an alarming rate:
>60% in past 10 years• DDS population is becoming increasingly younger:
57% <22 years of age• DDS population with ASD is even younger:
85% < 22 years of age• Almost 80% of individuals with ASD are living with family• In the next 5 years, the “autism bubble” will reach adulthood
Policy Recommendations:• Create new models for housing & support• Enact a state financing program • Establish multiple educational pathways & expand programs that work: Taft
Community College Model• Middle school training for students with ASD who require intensive supports and
assistance
SB 1175 – Expansion of Housing for ASD (Sen. Steinberg)___________________________________________________________
• Expands the existing authority that has been granted to the Bay Area Housing Consortium Regional Centers to all regional centers throughout the state
• Authorizes all regional centers to enter into negotiations and contracts with certain specified entities for the payment of lease or leases on housing for regional center clients pursuant to the fulfillment of the following stipulations provided for in this act:
• That the housing and services are integrated with individuals without disabilities
• Approval of proposed ownership and management by regional center & DDS
• Reasonable costs• Proposal includes approved transfer of property to non-profit approved by
regional center
• Bill calls for review of contracts by California Housing Finance Agency and the Department of Housing and Community Development
• SIGNED INTO LAWSIGNED INTO LAW
SB 1531 – Police Officer Training on ASD (Sen. Correa)_____________________________________________________
Problems & Challenges:
• Large number of youths with ASD
• Atypical social skills; inappropriate behaviors; communication problems
• Individuals with ASD are 7 times more likely to have contact with law enforcement
• Law enforcement response may aggravate problem & situation
• Increased risk to individual with ASD and to law enforcement
Policy Recommendations:
• Establish collaboration of ASD groups with Peace Officers Standards & Training Commission (POST)
• Build on existing POST resources Training videos produced in 1995 & in 2005Report to the Legislature on POST training for mental disabled
• Provide improved and ongoing training for law enforcement
SB 1531 – Police Officer Training on ASD (Sen. Correa)
_________________________________________________
• The Commission on Peace Officer Standards and Training shall create and make available on DVD and electronically a course on how to recognize and interact with people with ASD
• This course shall be developed in consultation with the State Department of Developmental Services and other appropriate agencies and organizations that have expertise in the area of ASD.
• This course shall be designed for, and made available to, peace officers who are first responders.
• SIGNED INTO LAW
Educational Issues: Preparing Teachers & Other School-Based Personnel to Instruct Students with ASD
• Compelling need to increased the number of well-trained teachers & specialists
• Ensure teacher training & preparation
• Well-trained paraprofessionals & school aides
• Teachers need more resources & supports
• School administrators and principals
• Expanded opportunities for pre-service & in-service training
Policy Recommendations:• Establish alternative credentialing program• Establish a multi-disciplinary autism training team approach• Career ladder opportunities• Comprehensive and integrated technical assistance and resource centers• Increase funding to local educational agencies for professional development &
training
AB 131 – Teacher Credentialing for the Education of Preschool Age Children (Asm. Beall)
• There is a consensus among Public and Private schools and the Legislative Blue Ribbon Commission on Autism, that there is a critical shortage of credentialed teachers who are qualified to teach children with autism.
• Neither the current qualified credential (Special Education, Moderate to Severe) or
the “Mild to Moderate” credential allows such credentialed teachers to teach children with autism ages 3 & 4.
• Currently, to teach children with autism ages 3 & 4 requires a special education
credential “Early Childhood Education”.
• AB 131 would allow persons who have a credential that allows them to teach children with autism age 5 and above, to teach children with autism ages 3 & 4 provided they take a 3 unit course in Special Education, Early Childhood Education from a recognized University.
• SIGNED INTO LAWSIGNED INTO LAW
AB 2302 – Expanding Credentials for Special Education Teachers to Educate K-12 Students with ASD (Asm. Speaker Bass)
• Authorizes the holder of a level 1 education specialist credential who is authorized to provide instruction to individuals with mild and moderate disabilities to provide instruction to pupils with ASD provided that have satisfied one of the following requirements
• Provided full-time instruction for at least one year prior to September 1, 2007, in a special education program that serves pupils who are three and four years of age with autism and received a favorable evaluation or recommendation to teach pupils with autism from the LEA or school.
• Completed at least three-semester units of coursework in the subject of special education, early childhood education at a regionally accredited institution of higher education
• SIGNED INTO LAWSIGNED INTO LAW
AB 1872 – State Clearinghouse for the Education of students with ASD (Asm. Coto)
_______________________________________________
• Establish the California ASD Clearinghouse to provide evidence-based recommendations and practices for the education of pupils with ASD
• Information provided by the Clearinghouse shall be targeted to a broad range of audiences and shall include:
• Internet web site on evidence-based practices• “Toolbox” of resources• Demonstration projects
• Establish a Clearinghouse Oversight Committee to represent major stakeholders & to perform the following:
• Establish criteria, guidelines, and processes• Select anchor documents and resources• Provide advice and recommendations• Develop online rating systems and periodic surveys
Bill: AB 1872 2007-2008 VETOED DATE: 09/28/08
To the Members of the California State Assembly: I am returning Assembly Bill 1872 without my signature. While I support the goal of making evidence-based information available to assist in educating students with Autism Spectrum Disorders, this bill is premature. It is unclear whether private funding can be secured for this purpose, as required by the bill. Programs that are established in statute without consistent funding can establish the appearance of addressing an issue, but tend to provide marginal benefit in the long run. Given the current fiscal situation, I encourage the author to work with the Department of Developmental Services in determining the best way to meet the objective within existing resources available. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger
Status of The California Autism Legislative Package
Signed into Law:•SB 1175 (Sen. Darrell Steinberg) to expand the housing and independent
living opportunities for adults with ASD•SB 1531 (Sen. Lou Correa) to improve the training and knowledge of ASD among
law enforcement officers•AB 131 (Asm. Jim Beall) to expand the credentials that would qualify teachers
to educate preschool students with ASD•AB 2303 (Assembly Speaker Karen Bass) that expands the credentials of qualified teachers
who are able to instruct K-12 students with ASD
Passed by the Legislature but Vetoed by the Governor:•SB 527 (Sen. Darrell Steinberg) to improve the early identification and
intervention for young children with ASD•SB 1475 (Sen. Tom Torlakson) to improve the coordination of ASD services and programs between
regional centers and school districts for children from birth to five years of age•SB 1563 (Sen. Don Perata) to provide appropriate and equitable coverage for ASD
by private health plans and insurers•AB 1872 (Asm. Joe Coto) to establish a state clearinghouse for the education of students with ASD.
Set Aside During Committee Hearings:•SB 1364 (Sen. Gil Cedillo) to improve community awareness and outreach efforts on ASD by the
California Department of Public Health. Set aside due to lack of funding.