reglab/statecodes huggingface dataset:
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6 - Development and Support of Community Facilities and Programs › ARTICLE 4 - Services and Supports for Persons Living in the Community › Section 4689.8.

4689.8. Notwithstanding any other law or regulation, commencing July 1, 2008:
(a) No regional center may pay an existing supported living service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumer’s health or safety and the department has granted prior written authorization.
(b) No regional center may negotiate a rate with a new supported living service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional center’s median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the State Department of Developmental Services its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the department’s biennial fiscal audit of the regional center.
(c) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the rates in effect on June 30, 2016, for supported living services, as defined in Subchapter 19 of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.
(Amended by Stats. 2016, 2nd Ex. Sess., Ch. 3, Sec. 5. (AB 1 2x) Effective June 9, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6 - Development and Support of Community Facilities and Programs › ARTICLE 5 - Regional Center Rates for Nonresidential Services › Section 4690.

4690. The Director of Developmental Services shall establish, maintain, and revise, as necessary, an equitable process for setting rates of state payment for nonresidential services purchased by regional centers, and may promulgate regulations establishing program standards, or the process to be used for setting these rates, or both, in order to assure that regional centers may secure high-quality services for developmentally disabled persons from individuals or agencies vendored to provide these services. In developing the rates pursuant to regulation, the director may require vendors to submit program, cost, or other information, as necessary. The director shall take into account the rates paid by other agencies and jurisdictions for comparable services in order to assure that regional center rates are at competitive levels. In no event shall rates established pursuant to this article be any less than those established for comparable services under the Medi-Cal program.
(Amended by Stats. 1989, Ch. 1396, Sec. 2. Effective October 2, 1989.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6 - Development and Support of Community Facilities and Programs › ARTICLE 5 - Regional Center Rates for Nonresidential Services › Section 4690.1.

4690.1. (a) By March 1, 1986, the department, in consultation with representatives of regional centers and providers of transportation services to regional center clients, shall develop a cost statement to be used in setting rates for providers of transportation services.
(b) Notwithstanding subdivision (a), the department may develop alternative procedures for establishing rates for providers of transportation services, including, but not limited to, a noncompetitive process and a competitive process for use by regional centers in which rates of reimbursement are established based on contract bids or proposals.
(Amended by Stats. 1989, Ch. 973, Sec. 1. Effective September 29, 1989.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6 - Development and Support of Community Facilities and Programs › ARTICLE 5 - Regional Center Rates for Nonresidential Services › Section 4690.3.

4690.3. (a) For the 1998–99 fiscal year, rates for in-home respite services agencies that are vendored pursuant to Section 4690.2 and the department’s regulations to provide in-home respite services shall be increased based on the amount appropriated in the Budget Act of 1998 for the purpose of increasing the salary, wage, and benefit portion of the rate for in-home respite services workers. Agencies shall reimburse their respite workers at no less than the increased amount in their rate for the 1998–99 fiscal year and thereafter.
(b) For the 1998–99 fiscal years an individual who provides in-home respite services, pursuant to vendorization pursuant to the department’s regulations, shall also receive a rate increase pursuant to subdivision (a).
(Added by Stats. 1998, Ch. 310, Sec. 42. Effective August 19, 1998.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6 - Development and Support of Community Facilities and Programs › ARTICLE 5 - Regional Center Rates for Nonresidential Services › Section 4690.4.

4690.4. (a) Sections 4690.2, 4691, and 4691.5, which relate to in-home respite service agencies and community-based day programs, shall apply in the 1998–99 fiscal year with the following exceptions:
(1) The 1997–98 fiscal year allowable costs and consumer attendance data submitted to the department by September 30, 1998, shall not be utilized by the department to determine a new mean rate and allowable range of rates, pursuant to regulations, but may be used only in developing a new rate system.
(2) The allowable range of rates and mean rate established for the 1997–98 fiscal year shall be continued.
(3) The rate for new programs shall be the mean rate determined for the same type of program and staff-to-consumer ratio for the 1997–98 fiscal year.
(b) The department shall, in consultation with stakeholder organizations, develop performance based consumer outcome rate systems for community-based day programs and in-home respite services. If rates for community-based day programs are increased in the 1998–99 fiscal year pursuant to paragraphs (1) to (3), inclusive, of subdivision (e) of Section 4691.5, and rates for in-home respite services are increased in the 1998–99 fiscal year pursuant to paragraph (5) of subdivision (b) of Section 4690.2, as added by the act adding this section to the Welfare and Institutions Code, then effective September 1, 1998, and until such time as the new rate systems are implemented, or unless funds are otherwise appropriated for rate adjustments, rates shall be frozen.
(Added by Stats. 1998, Ch. 310, Sec. 43. Effective August 19, 1998.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6 - Development and Support of Community Facilities and Programs › ARTICLE 5 - Regional Center Rates for Nonresidential Services › Section 4690.5.

4690.5. Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the rate for family member-provided respite services authorized by the department and in effect on June 30, 2016, and the rates for out-of-home respite services in effect on June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.
(Amended by Stats. 2016, Ch. 26, Sec. 13. (AB 1606) Effective June 27, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6 - Development and Support of Community Facilities and Programs › ARTICLE 5 - Regional Center Rates for Nonresidential Services › Section 4690.7.

4690.7. A provider of nonresidential services, as defined in paragraph (49) of subdivision (a) of Section 54302 of Title 17 of the California Code of Regulations, may utilize Alternative Nonresidential Services, as authorized in the department’s Directive 01-083120 (August 31, 2020), if needed, to meet a consumer’s service needs, until December 31, 2022. When providing services to consumers, providers shall be creative, resourceful, and make modifications as needed to how existing services are delivered. Any Alternative Nonresidential Services used shall be responsive to each consumer’s current needs, and be mindful of the importance of safety during the COVID-19 pandemic, including compliance with applicable state and local health orders and licensing requirements.
(Added by Stats. 2022, Ch. 49, Sec. 27. (SB 188) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6 - Development and Support of Community Facilities and Programs › ARTICLE 5 - Regional Center Rates for Nonresidential Services › Section 4691.8.

4691.8. (a) Notwithstanding any other provision of law or regulation, and to the extent funds are appropriated in the annual Budget Act for this purpose, the department may provide a rate increase for the purpose of enhancing wages for direct care staff in day programs and in work activity programs, as defined in subdivision (e) of Section 4851, and in look-alike programs, that meet any of the following criteria:
(1) Provide a majority of their services and supports in integrated community settings.
(2) Are day programs that are converting to integrated community settings.
(3) Are work activity programs that are converting to supported work programs.
(b) The department may approve a temporary rate increase for a program that is converting pursuant to paragraph (2) or (3) of subdivision (a). A program shall not be eligible for a permanent rate increase pursuant to this section unless it meets the criteria established in paragraph (1) of subdivision (a).
(c) A rate increase provided pursuant to paragraph (1) of subdivision (a) to existing programs shall be effective not more than 60 days following the adoption of the Budget Act that appropriates the necessary funding.
(d) Prior to implementation of this section, the department shall consult with stakeholders, including various provider organizations, the regional centers, and all other interested parties.
(e) The department shall provide the Legislature, by April 1, 2007, with a description of how this section has been implemented, along with the following information:
(1) The number of day programs and work activity centers receiving an enhanced rate, by regional center.
(2) The number of program conversions, by regional center.
(3) The percentage of rate increase provided to programs.
(4) The effect of the rate increase on direct care staff wages.
(Added by Stats. 2006, Ch. 74, Sec. 55. Effective July 12, 2006.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6 - Development and Support of Community Facilities and Programs › ARTICLE 5 - Regional Center Rates for Nonresidential Services › Section 4691.11.

4691.11. Notwithstanding any other law or regulation, and to the extent funds are appropriated in the annual Budget Act for this purpose, the department shall allocate no more than nine million nine hundred thousand dollars ($9,900,000) plus any associated matching funds for the purpose of administrative expenses for service providers. The department shall provide a rate increase for the purpose of administrative expenses that shall apply only to providers for which rates are set by the department or through negotiations between the regional centers and service providers, and to the rates paid for supported employment services, as specified in subdivisions (a) and (b) of Section 4860, and vouchered community-based services, as specified in paragraph (7) of subdivision (c) of Section 4688.21. This increase shall be determined using the information collected pursuant to subdivision (b) of Section 4691.10. This increase shall be consistent for providers within each service category and is intended to provide comparable increases for administrative expenses across service categories. This section shall not apply to those services for which rates are determined by other entities, including, but not limited to, the State Department of Health Care Services or the State Department of Social Services, or are usual and customary.
(Added by Stats. 2016, 2nd Ex. Sess., Ch. 3, Sec. 10. (AB 1 2x) Effective June 9, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6 - Development and Support of Community Facilities and Programs › ARTICLE 5 - Regional Center Rates for Nonresidential Services › Section 4691.12.

4691.12. (a) (1) Notwithstanding any other law or regulation, to the extent funds are appropriated in the annual Budget Act for this purpose, and contingent upon the approval of federal funding, the department shall provide a rate increase effective January 1, 2020, for all of the following services:
(A) Specified services for which rates are set by the department or through negotiations between the regional centers and service providers.
(B) Rates paid for supported employment services, as specified in subdivisions (a) and (b) of Section 4860.
(C) Vouchered community-based services, as specified in paragraph (7) of subdivision (c) of Section 4688.21.
(2) The rate increase shall be applied to rates in effect on December 31, 2019, less the amount of any one-time rate increases for developmental services, as authorized in the Budget Act of 2018 (Chapter 29 of the Statutes of 2018). The rate increase shall be applied as a percentage, and this percentage shall be the same for all providers within each service category, as established by the department and set forth in the supplemental rate increase schedule posted on the department’s internet website.
(3) The rate increase provided in this subdivision shall not apply to those services for which rates are determined by other entities, including, but not limited to, the State Department of Health Care Services or the State Department of Social Services, or are usual and customary.
(b) (1) Notwithstanding any other law or regulation, to the extent funds are appropriated in the annual Budget Act for this purpose, and contingent upon the approval of federal funding, the department shall provide a rate increase effective January 1, 2021, for all of the following services:
(A) Independent living programs that use the service code identified in paragraph (35) of subdivision (a) of Section 54342 of Title 17 of the California Code of Regulations.
(B) Infant development programs that use the service code identified in paragraph (37) of subdivision (a) of Section 54342 of Title 17 of the California Code of Regulations.
(C) Early start specialized therapeutic services provided by vendors classified by a regional center as early start specialized therapeutic services providers pursuant to Section 54356 of Title 17 of the California Code of Regulations.
(2) The rate increase shall be applied to rates in effect on December 31, 2020. The rate increase shall be applied as a percentage, and this percentage shall be the same for all providers within each service category, as established by the department and set forth in the rate increase schedule posted on the department’s internet website.
(Amended by Stats. 2021, Ch. 76, Sec. 50. (AB 136) Effective July 16, 2021. Note: If and when this section ceases to be implemented (pursuant to subd. (b)), see Section 4692.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6 - Development and Support of Community Facilities and Programs › ARTICLE 5 - Regional Center Rates for Nonresidential Services › Section 4693.

4693. For the purposes of this article, “infant day program” means a day training and activity program where infants and their families are provided training individually and in groups for a day or less, and are provided an organized program of activity. These programs are designed to encourage the development and adjustment of the infants in the community and their homes, and to prepare the infants for entrance into classes of local schools or other appropriate facilities.
(Added by Stats. 1982, Ch. 168, Sec. 3. Effective April 24, 1982.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6 - Development and Support of Community Facilities and Programs › ARTICLE 5 - Regional Center Rates for Nonresidential Services › Section 4694.

4694. Commencing July 1, 2006, all regional center vendors who are qualified providers under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.) and are serving individuals enrolled under the Home- and Community-based Services Waiver program for persons with developmental disabilities, shall ensure that billing information provided to regional centers identifies each individual consumer and, for each consumer, the specific dates of service, location of service, service unit, unit costs, and other information necessary to support billing under the home- and community-based services waiver. Regional centers shall also ensure that their contractual and other billing and payment arrangements with providers require the provision of any information necessary to support billing under the Home- and Community-based Services Waiver program. Resources provided to regional centers, pursuant to the Budget Act of 2006 and following budgets, to implement this provision shall be allocated to the regional centers only until implementation of a statewide electronic data system that collects the billing information necessary to support billing under the Home- and Community-based Services Waiver program.
(Added by Stats. 2006, Ch. 74, Sec. 56. Effective July 12, 2006.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6 - Development and Support of Community Facilities and Programs › ARTICLE 6 - Residential Facility Staff Training › Section 4695.

4695. The State Department of Developmental Services shall offer, through the regional centers, in conjunction with community colleges which elect to participate, a uniform statewide training program for directors or licensees of residential facilities serving persons with developmental disabilities. The training program shall be at the college level, and shall be given for college credits.
(Added by Stats. 1983, Ch. 735, Sec. 1.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6 - Development and Support of Community Facilities and Programs › ARTICLE 7 - Regional Center Clients Requiring Mental Health Services › Section 4696.

4696. The Legislature places a high priority on ensuring that regional center clients and their families can avail themselves of mental health services which are appropriate to meet their needs. The purpose of this article is to determine methods of identifying these clients as well as the type and extent of services which should be available.
(Added by Stats. 1986, Ch. 36, Sec. 1. Effective March 31, 1986.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6 - Development and Support of Community Facilities and Programs › ARTICLE 7 - Regional Center Clients Requiring Mental Health Services › Section 4696.3.

4696.3. A regional center shall notify the clients’ rights advocate, as described in Section 4433, of all consumers placed on an involuntary psychiatric hold or in a Lanterman-Petris-Short conservatorship pursuant to Section 5250, 5260, 5270.10, 5300, or 5350.
(Added by Stats. 2019, Ch. 28, Sec. 29. (SB 81) Effective June 27, 2019.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6 - Development and Support of Community Facilities and Programs › ARTICLE 7 - Regional Center Clients Requiring Mental Health Services › Section 4697.

4697. (a) The Legislature finds and declares all of the following:
(1) The methods of establishing rates of payment for providers of services and supports to persons with developmental disabilities in the community should reflect the actual costs of ensuring high quality and stable services.
(2) State law and regulations should reflect the type and design of community-based services and supports necessary to best meet the needs and choices of individuals with developmental disabilities and their families.
(3) The licensing, vendoring, and monitoring of service and support providers is necessary to ensure the safety and satisfaction of consumers and should be achieved in a manner that is respectful of consumer privacy and choices, responsive to consumers and families, minimizes complexity and duplication, fosters partnership between state agencies and regional centers and provider in the delivery of high-quality services and supports, and respond swiftly to protect the rights and health of consumers.
(4) System stakeholders must work collaboratively and continuously to ensure that the design, funding methodology, and monitoring of the service and support delivery system reflects the values and goals of those served.
(b) It is the intent of the Legislature that the State Department of Developmental Services facilitate joint meetings between system stakeholders, as appropriate, to review the service delivery system and make recommendations for change when desirable. The efforts may include, but are not limited to:
(1) The process by which regional centers vendor providers of services and supports and make recommendations for changes to improve the quality of services and supports and choices of consumers and families in selecting providers.
(2) Ratesetting methodologies and recommendations to maximize cost-effectiveness while emphasizing quality, variety, and flexibility in the delivery of services and supports.
(3) The various monitoring and oversight functions of state and local agencies and recommendations for improving effectiveness and minimizing duplication.
(Added by Stats. 1998, Ch. 1043, Sec. 18. Effective January 1, 1999.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6 - Development and Support of Community Facilities and Programs › ARTICLE 8 - Community Crisis Home Certification › Section 4698.1.

4698.1. (a) A certificate of program approval shall not be issued pursuant to this article until the publication in Title 17 of the California Code of Regulations of emergency regulations filed by the State Department of Developmental Services. These regulations shall be developed in consultation with stakeholders, including the State Department of Social Services, consumer advocates, and regional centers. The regulations shall address at least all of the following:
(1) Program standards, including program design requirements, staffing structure, staff qualifications, and training. Training requirements shall include all of the following:
(A) A minimum of 16 hours of emergency intervention training, which shall include the techniques the facility will use to prevent injury and maintain safety regarding consumers who are a danger to self or others and shall emphasize positive behavioral supports and techniques that are alternatives to physical restraint.
(B) Additional training for direct care staff to address the specialized needs of the consumers, including training in emergency interventions.
(2) Requirements and timelines for the development and updating of each consumer’s individual program plan, including time-limited objectives and a plan to transition the consumer to his or her prior residence or an alternative community-based residential setting with needed services and supports. In developing these regulations, the department shall place a high priority on transitioning the consumer to his or her prior residence, when that is the preferred objective in the consumer’s individual program plan.
(3) Procedures and requirements for identifying and providing supplemental and ancillary staffing and supports, including therapeutic, behavioral, and clinical services and supports, based on individual consumer need.
(4) The rate methodology.
(5) Consumer rights and protections.
(b) The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the State Department of Developmental Services is hereby exempted from the requirement that it describe specific facts showing the need for immediate action. These emergency regulations shall be developed in consultation with system stakeholders. A certificate of compliance for these implementing regulations shall be filed within 24 months following the adoption of the first emergency regulations filed pursuant to this section. The emergency regulations may be readopted and remain in effect until approval of the certificate of compliance.
(Added by Stats. 2014, Ch. 30, Sec. 21. (SB 856) Effective June 20, 2014.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6.5 - Developmental Services Workforce Stabilization › Section 4699.

4699. The Legislature finds and declares all of the following:
(a) The State Department of Developmental Services estimates that about 120,000 direct support professionals and about 5,500 regional center service coordinators served approximately 370,000 consumers in fiscal year 2021–22.
(b) Workforce capacity among direct support professionals and regional center service coordinators is a growing concern in the developmental services system.
(c) Based on annual projected regional center caseload growth and assumptions about direct support professional turnover, the developmental services system is projected to need approximately 33,000 direct support professionals and 2,700 regional center service coordinators over the next five years.
(d) To be responsive to California’s changing demographics, the department should support regional centers and service providers in undertaking a purposeful approach to recruiting and hiring workers from diverse communities and explore technological advancements as a complement to workers who provide direct services.
(Added by Stats. 2022, Ch. 49, Sec. 28. (SB 188) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6.5 - Developmental Services Workforce Stabilization › Section 4699.1.

4699.1. Implementation of this chapter shall be subject to an appropriation by the Legislature for the purpose of this chapter.
(Added by Stats. 2022, Ch. 49, Sec. 28. (SB 188) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6.5 - Developmental Services Workforce Stabilization › Section 4699.2.

4699.2. (a) The department shall establish, and regional centers shall administer in coordination with service providers, a program to provide training stipends to direct support professionals.
(b) It is the intent of the Legislature to enhance the quality of services received by consumers, improve direct support professional retention, and increase interest among direct support professionals in skills development and continuous learning opportunities by offering stipends for the completion of training courses.
(c) A regional center shall provide up to two five-hundred-dollar ($500) training stipends to a direct support professional who completes training and development courses as specified by the department.
(d) Each training stipend shall be paid no later than three months after the conclusion of a training requirement.
(e) A portion of the program funding shall be used to compensate service providers an amount, in the form of a fee, as necessary to cover the reasonable costs to administer the program in coordination with regional centers, as determined by the department.
(f) Service providers and regional centers shall track participation and shall report to the department on a quarterly basis, commencing on January 31, 2023, on cumulative and reporting-period data about the number of participants, the administration of the fee pursuant to subdivision (e), the selection of training and development courses, and turnover information among participants.
(g) Training and development courses shall commence no later than November 1, 2022. A program participant may enroll in a training and development course on a later date.
(Added by Stats. 2022, Ch. 49, Sec. 28. (SB 188) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6.5 - Developmental Services Workforce Stabilization › Section 4699.3.

4699.3. (a) The department shall establish, and regional centers shall administer, an entry-level training and internship program for individuals interested in becoming direct support professionals.
(b) It is the intent of the Legislature to enhance the quality of services received by consumers and increase the hiring and retention of direct support professionals through the creation of a training and internship program that demonstrates the career opportunities available to individuals interested in becoming direct support professionals, while providing them with the skills that they need to deliver high-quality services to consumers.
(c) The training and internship program shall do all of the following:
(1) Contract with outside agencies for recruitment outreach.
(2) Offer three-month internships that provide entry-level training and practical work experience for participants.
(3) Outline the wage and employments costs for paid internships up to 30 hours per week, to collectively cover participant wages and service provider costs.
(4) Focus on populations that reflect the state’s diverse population and that do not traditionally have a pathway toward jobs in the developmental services field.
(5) Establish an entry point to the continuum of developmental services workforce development, including the training described in Section 4511.5.
(6) Create opportunities for postinternship permanent employment with service providers and allow for a five-hundred-dollar ($500) retention stipend after six months of continuous employment and another five-hundred-dollar ($500) stipend after one year of continuous employment.
(d) Regional centers shall track participation and report to the department on a quarterly basis on cumulative and reporting-period data about the number of participants, the number of participants hired, and the number of six-month and one-year employment stipends provided.
(e) Internships shall be available no later than June 1, 2023. A program participant may enroll in an internship on a later date.
(Added by Stats. 2022, Ch. 49, Sec. 28. (SB 188) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6.5 - Developmental Services Workforce Stabilization › Section 4699.4.

4699.4. (a) The department shall establish, and regional centers shall administer, a tuition reimbursement program for regional center employees who seek a degree or certification in a health or human services-related field.
(b) It is the intent of the Legislature to enhance regional center services received by consumers, increase subject matter expertise and career advancement options at regional centers, and improve employee retention rates at regional centers by offering tuition reimbursement for eligible regional center employees.
(c) Each qualifying participant shall be eligible to receive up to ten thousand dollars ($10,000) annually for up to three years.
(d) In exchange for tuition reimbursement, participants shall be required to work at the regional center for no less than one year for each year of tuition reimbursement following completion of their degree or certification. An employee may transfer to another regional center to complete this requirement. The funding regional center shall notify the department within 30 days after a request from an employee to transfer to another regional center to complete this requirement. The receiving regional center is responsible for reporting the information required in subdivision (g).
(e) By September 1, 2022, the department shall publish eligibility requirements for regional center staff participation. These requirements shall include information about which regional center staff are eligible, which academic programs or types of academic programs are eligible, minimum application requirements, concurrent regional center work requirements, and postgraduation regional center work requirements. In addition, the department shall describe the terms of the program, including repayment or partial repayment requirements for individuals who do not complete their degree or certification or do not complete the concurrent or postgraduation work requirements.
(f) Tuition reimbursement shall be available for the 2022–23 through 2024–25 fiscal years.
(g) Regional centers shall report to the department on an annual basis, commencing on April 1, 2023, and thereafter on January 1 of each year until January 1, 2026, on data about the program, including number and demographics of applicants and participants and their regional center position, degree and field sought, and how long they were employed by the regional center after completing their degree or certification.
(Added by Stats. 2022, Ch. 49, Sec. 28. (SB 188) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6.5 - Developmental Services Workforce Stabilization › Section 4699.5.

4699.5. (a) The department shall seek input from stakeholders throughout the implementation of this chapter.
(b) Stakeholders may include, but are not limited to, any of the following:
(1) Consumers and families across different geographic regions of the state and from diverse racial and ethnic backgrounds, and diverse consumer age groups and disabilities.
(2) Regional center representatives, including executive-level staff, administrative staff, and service coordinators.
(3) Service providers representing a diverse range of service types and models and including executive staff and direct support professionals.
(c) The department may utilize one of its existing stakeholder groups if it meets the criteria described in this section to conduct this consultation.
(Added by Stats. 2022, Ch. 49, Sec. 28. (SB 188) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6.5 - Developmental Services Workforce Stabilization › Section 4699.6.

4699.6. (a) The department shall report to the Legislature at quarterly briefings for legislative staff about the progress on the programs described in this chapter. Reporting shall include summaries of the relevant data collected by service providers and regional centers.
(b) The department shall submit a report to the Legislature, in accordance with Section 9795 of the Government Code, no later than January 10, 2026, evaluating the success of the programs described in this chapter. As applicable, the report shall include, but not be limited to, information about all of the following:
(1) Summary information about each program, including statistics on participation and program completion, participant demographics, and participation by regional center and type of service provider.
(2) Number of new hires at service providers and regional centers.
(3) Employee retention and turnover rates at service providers and regional centers overall and among the program participant population, including available baseline rates prior to implementation of the programs and rates following completion of the programs.
(4) Consumer and family satisfaction and other measures of consumer outcomes.
(Added by Stats. 2022, Ch. 49, Sec. 28. (SB 188) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 6.5 - Developmental Services Workforce Stabilization › Section 4699.7.

4699.7. (a) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific, the provisions of this chapter by means of written directives or similar instructions through June 30, 2025.
(b) Contracts to procure services to implement this chapter shall be exempt from the requirements contained in the Public Contract Code and the State Administrative Manual and from approval by the Department of General Services.
(Added by Stats. 2022, Ch. 49, Sec. 28. (SB 188) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 1 - Definitions › Section 4700.

4700. Unless the context otherwise requires, the definitions set forth in this article govern the construction of this chapter.
(Repealed and added by Stats. 2022, Ch. 49, Sec. 30. (SB 188) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 1 - Definitions › Section 4702.

4702. Each regional center and each vendor that contracts with a regional center to provide services to recipients shall conspicuously post on its internet web, if any, links to the department’s internet website page that provides a description of the appeals process set forth in this chapter and department contact information for providing information and education to recipients and applicants about the appeals process, including the notice of proposed action, timelines, options for resolving disagreements, and rights during the appeals process.
(Repealed and added by Stats. 2022, Ch. 49, Sec. 30. (SB 188) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 2 - General Provisions › Section 4705.

4705. Every regional center or state-operated facility shall, as a condition of continued receipt of state funds, have an appeals procedure for resolving conflicts between the regional center or state-operated facility and recipients of, or applicants for, service. The State Department of Developmental Services shall promulgate regulations to implement this chapter, which shall be binding on every regional center or state-operated facility.
(a) (1) Any public or private agency receiving state funds for the purpose of serving persons with developmental disabilities not otherwise subject to the provisions of this chapter shall, as a condition of continued receipt of state funds, adopt and periodically review a written internal grievance procedure.
(b) An agency that employs an appeals procedure mandated by any other statute shall be considered to have an approved procedure for purposes of this chapter.
(c) (1) The regional center’s and the state-operated facility’s appeals procedures for informal meetings, mediations, and fair hearings shall be stated in writing, in English and any other language that may be appropriate to the preferred language of the applicants and recipients served by the regional center or the state-operated facility.
(2) All recipients and applicants, and persons having legal responsibility for recipients or applicants, shall be informed verbally of, and shall be notified in writing in their preferred language of, the regional center’s or the state-operated facility’s appeals procedures for informal meetings, mediations, and fair hearings when they apply for service, when they are denied service, when notice of service modification is given pursuant to Section 4710, and upon request.
(d) If, in the opinion of any person, the rights or interests of a claimant who has not personally authorized a representative will not be properly protected or advocated, the State Council on Developmental Disabilities and the clients’ right advocate assigned to the regional center or state-operated facility shall be notified, and the State Council on Developmental Disabilities may appoint a person or agency as representative, pursuant to subdivision (a) of Section 4541, to assist the claimant in the mediation and fair hearing procedure. The appointment shall be in writing to the authorized representative and a copy of the appointment shall be immediately mailed to the regional center director or the state-operated facility director.
(e) This section shall become operative on March 1, 2023.
(Repealed (in Sec. 31) and added by Stats. 2022, Ch. 49, Sec. 32. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 2 - General Provisions › Section 4705.5.

4705.5. (a) Unless the claimant is themselves an attorney licensed to practice law in California, or unless the claimant will have an attorney licensed to practice law in California in attendance, a regional center attorney or department attorney shall not attend an informal meeting, mediation, or fair hearing described in this chapter. The claimant shall notify the regional center and the hearing office at least 5 days prior to mediation, and 15 days prior to a fair hearing, that the claimant will have an attorney in attendance. However, the hearing officer may notify the parties in advance of a hearing that the hearing officer is allowing the attendance of an attorney in the interest of justice.
(b) This section shall become operative on October 1, 2022.
(Added by Stats. 2022, Ch. 49, Sec. 33. (SB 188) Effective June 30, 2022. Operative October 1, 2022, by its own provisions.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 2 - General Provisions › Section 4706.

4706. (a) Except as provided in subdivision (b) to the extent permitted by federal law, all issues concerning the rights of persons with developmental disabilities to receive services under this division shall be decided under this chapter, including those issues related to fair hearings, granted by the Medicaid home and community-services waiver to the State Department of Health Care Services.
(b) Whenever a fair hearing under this chapter involves services provided under the Medicaid home and community-based services waiver, the State Department of Health Care Services shall retain the right, as provided in Section 4712.5, to review and modify any decision reached under this chapter.
(Amended by Stats. 2022, Ch. 49, Sec. 34. (SB 188) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED › CHAPTER 7 - Appeal Procedure › ARTICLE 2 - General Provisions › Section 4707.

4707. (a) The following appeals processes shall be available for resolving conflicts between regional centers or state-operated facilities and recipients of, or applicants for, services under this chapter.
(1) An informal meeting held by the regional center or state-operated facility to resolve the issue or issues as provided for in Sections 4710.6 to 4710.9, inclusive.
(2) Mediation as provided for in Section 4711.5.
(3) A fair hearing as provided for in Sections 4711 and 4712.
(b) When filing an appeal, a claimant may initially request one or more parts of the appeals processes identified in subdivision (a). The claimant may subsequently amend their request to select parts of the appeals process not previously selected. However, that request shall constitute a waiver of the rights of a Medicaid home and community-based services waiver participant to receive a fair hearing decision within 90 days of the date that the appeal request form is received by the department or the agency it designates to receive the appeal request form.
(c) If a recipient’s request for an appeal is postmarked or received by the department, or by another agency designated by the department to receive the appeal request, no later than 30 days after receipt of the notice of the proposed action and no later than the effective date of the action sent pursuant to subdivision (a) of Section 4710, current services shall continue for the length of time specified in Section 4715, and the recipient shall be afforded an opportunity for an informal meeting, a mediation, and a fair hearing.
(d) If a recipient or applicant’s request for appeal is postmarked or received by the department, or by another agency designated by the department to receive the appeal request, 60 days after receipt of the notice of proposed action pursuant to subdivisions (a), (b), and (d) of Section 4710, they shall be afforded an opportunity for an informal meeting, a mediation, and a fair hearing.
(e) A claimant may request a continuance of any part of the appeals process. If granted, the continuance shall constitute a waiver of the Medicaid home and community-based services waiver participant’s right to receive a fair hearing decision within 90 days of the date the appeal request form is received by the department or by the agency designated by the department to receive the appeal request form. The extension of time for the final decision resulting from the continuance shall be only as long as the time period of the continuance.
(f) This section shall become operative on March 1, 2023.
(Repealed (in Sec. 35) and added by Stats. 2022, Ch. 49, Sec. 36. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)