LEGISLATIVE COUNSEL'S DIGEST


AB 438, as amended, Beall. Persons with developmental
disabilities: criminal proceedings: diversion.
Medi-Cal: treatment authorization requests.
Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services, and
pursuant to which, health care services are provided to qualified
low-income persons.
Under existing law, one of the utilization controls to which
services are subject under the Medi-Cal program is the treatment
authorization request (TAR) process, under which approval is required
by a department consultant in advance of the rendering of that
service, based upon a determination of medical necessity. Existing
law requires the department to pursue means to improve and streamline
the TAR process.
This bill would state the intent of the Legislature to enact
legislation that would implement reforms to the Medi-Cal TAR process,
as specified.
Existing law, the Lanterman Developmental Disabilities Services
Act, grants persons with developmental disabilities the right to
receive treatment and services to meet their needs, regardless of age
or degree of disability, at each stage of life. Existing law
requires that the state pay for these services through contracts with
various private nonprofit corporations for the operation of regional
centers for the developmentally disabled, and requires regional
centers to develop an individual program plan for each consumer that
sets forth the treatment and services to be provided for the
consumer.
Existing law establishes a process for diversion of defendants
with cognitive developmental disabilities in criminal proceedings for
an offense which is charged as, or reduced to, a misdemeanor, but
excludes persons who have been previously diverted.

This bill would make these procedures also applicable for an
offense that is charged or reduced to a nonviolent felony, as
defined, or a serious felony, as defined, and would delete the
exclusion for those previously diverted.
This bill would also require the department, by July 1, 2010, to
convene a task force to identify strategies and best practices for
local interagency coordination and cooperation in addressing the
needs of adults and juveniles with developmental disabilities in the
criminal and juvenile justice systems. The bill would require the
task force to issue its interim reports to the Legislature on the
progress of its work by July 1, 2011, and July 1, 2012, and to issue
its final report to the Legislature by July 1, 2013.

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Comments/questions on AB 438 (Beall): Medi-Cal: treatment authorization requests.