reglab/statecodes huggingface dataset:
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 10 - Schedule of Payment Rates for Community-Based Day Programs › Article 4 - Schedule of Payment Rates for Fiscal Year 1996-97 and Each Alternate Fiscal Year Thereafter › Section 57640 - Vendors Receiving Permanent Payment Rates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For Fiscal Year 1996-97, and each
					 alternate fiscal year thereafter, the Department shall reestablish permanent
					 payment rates that were established the previous fiscal year by adjusting those
					 rates pursuant to sections
					 57515 and
					 57518.
(b) The effective date of the reestablished
					 permanent payment rate shall be September 1, 1996, for Fiscal Year 1996-97, and
					 September 1 for each alternate fiscal year thereafter.
(c) The expiration date of the reestablished
					 permanent payment rate shall be August 31, 1997, for Fiscal Year 1996-97, and
					 August 31 for each alternate fiscal year thereafter.
1. New
						section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36).
						A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-26-90 order transmitted to
						OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).
3. Change
						without regulatory effect amending article heading and section filed 1-17-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 3).
Note: Authority cited: Sections
						  4691
						  and
						  4691.5,
						  Welfare and Institutions Code. Reference: Sections
						  4691
						  and
						  4691.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 10 - Schedule of Payment Rates for Community-Based Day Programs › Article 4 - Schedule of Payment Rates for Fiscal Year 1996-97 and Each Alternate Fiscal Year Thereafter › Section 57642 - Vendors Receiving Temporary Payment Rates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For Fiscal Year 1996-97, and each
					 alternate fiscal year thereafter, the temporary payment rate established the
					 previous fiscal year shall continue until the Department converts it to a
					 permanent payment rate pursuant to Section
					 57652(b) through
					 (e).
(b) If the mean is adjusted for a COLA
					 pursuant to section
					 57519(b), the
					 Department shall adjust the temporary payment rate established the previous
					 fiscal year, by the amount of the COLA.
(c) The effective date of the adjustment of
					 the temporary payment rate, as specified in (b), shall be the effective date of
					 the COLA as specified in section
					 57519(c).
1. New
						section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36).
						A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-26-90 order transmitted to
						OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).
3. Change
						without regulatory effect amending subsection (a) filed 1-17-97 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 97, No. 3).
Note: Authority cited: Sections
						  4691
						  and
						  4691.5,
						  Welfare and Institutions Code. Reference: Sections
						  4691
						  and
						  4691.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 10 - Schedule of Payment Rates for Community-Based Day Programs › Article 4 - Schedule of Payment Rates for Fiscal Year 1996-97 and Each Alternate Fiscal Year Thereafter › Section 57644 - New Vendors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
					 Fiscal Year 1996-97, and each alternate fiscal year thereafter, new vendors
					 requesting a rate shall receive the temporary payment rate established the
					 previous fiscal year, adjusted for a COLA, if applicable, pursuant to section
					 57519. The Department shall use
					 the program information specified in section
					 57433, submitted by each new
					 vendor by the date specified in section
					 57432(a)(3), to
					 establish the vendor's temporary payment rate.
(b) The temporary payment rate shall be
					 effective on the date the vendor begins providing services to
					 consumers.
(c) Once the temporary
					 payment rate is established, the vendor shall continue to receive that rate
					 until:
(1) The Department converts the
					 temporary payment rate to a permanent payment rate pursuant to Section
					 57652; or
(2) It expires, which shall be twenty-one
					 months from the date it became effective.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 10 - Schedule of Payment Rates for Community-Based Day Programs › Article 5 - Schedule of Payment Rates for Fiscal Year 1997-98 and Each Alternate Fiscal Year Thereafter › Section 57652 - Vendors Receiving Temporary Payment Rates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The temporary payment rate shall continue
					 until the Department converts it to a permanent payment rate pursuant to (b)
					 through (e).
(b) All vendors
					 converting from a temporary payment rate to a permanent payment rate shall
					 submit the program, cost and vendor income information specified in Sections
					 57433 through
					 57438, and as applicable, the
					 regional center payment information specified in Section
					 57439 by the dates specified in
					 Section 57432(a)(1) for
					 the reporting period specified in Section
					 57431(a)(1).
(c) The Department shall convert the
					 temporary payment rate to a permanent payment rate pursuant to Sections
					 57500 through
					 57519, with the following
					 exceptions:
(1) The amount computed in Step
					 five, Section
					 57514, shall not be adjusted for
					 gap funding;
(2) The permanent
					 payment rate shall not exceed the upper limit; and
(3) If the amount computed in Step five is
					 below the lower limit of the allowable range of rates, the Department shall
					 increase that amount to the lower limit based upon available funds from the
					 upper limit reduction process for vendors with a permanent payment rate
					 pursuant to Section
					 57515.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 10 - Schedule of Payment Rates for Community-Based Day Programs › Article 5 - Schedule of Payment Rates for Fiscal Year 1997-98 and Each Alternate Fiscal Year Thereafter › Section 57654 - New Vendors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
					 Fiscal Year 1997-98, and each alternate fiscal year thereafter, new vendors
					 requesting a rate shall receive a temporary payment rate established pursuant
					 to sections
					 57520 and
					 57522, using the program
					 information specified in section
					 57433 submitted by each new vendor
					 by the date specified in section
					 57432(a)(3). The
					 temporary payment rate shall be based upon the program, cost and vendor income
					 information submitted by vendors receiving permanent payment rates pursuant to
					 section 57650(a).
(b) The temporary payment rate shall be
					 effective on the date specified in Section
					 57644(b).
(c) Once the temporary payment rate is
					 established, the vendor shall continue to receive that rate until it is
					 converted or it expires as specified in Section
					 57644(c).
1. New
						section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36).
						A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-26-90 order transmitted to
						OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).
3. Change
						without regulatory effect amending section filed 1-17-97 pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 3).
Note: Authority cited: Sections
						  4691
						  and
						  4691.5,
						  Welfare and Institutions Code. Reference: Sections
						  4691
						  and
						  4691.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 10 - Schedule of Payment Rates for Community-Based Day Programs › Article 6 - Timelines for Rate Establishment and Written Notification › Section 57660 - Timelines for Continuation of the Permanent Rate and Written Notification. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36).
						A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-26-90 order transmitted to
						OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).
3. Change
						without regulatory effect repealing section filed 1-17-97 pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 3).
Note: Authority cited: Sections
						  4691
						  and
						  4691.5,
						  Welfare and Institutions Code. Reference: Sections
						  4691
						  and
						  4691.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 10 - Schedule of Payment Rates for Community-Based Day Programs › Article 6 - Timelines for Rate Establishment and Written Notification › Section 57662 - Timelines for Extension of the Provisional Rate and Written Notification. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36).
						A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-26-90 order transmitted to
						OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).
3. Change
						without regulatory effect repealing section filed 1-17-97 pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 3).
Note: Authority cited: Sections
						  4691
						  and
						  4691.5,
						  Welfare and Institutions Code. Reference: Sections
						  4691
						  and
						  4691.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 10 - Schedule of Payment Rates for Community-Based Day Programs › Article 6 - Timelines for Rate Establishment and Written Notification › Section 57664 - Timelines for Establishment of the Permanent Payment Rate and Written Notification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 For vendors receiving a permanent payment rate, the Department shall, upon
					 receipt of the information which complies with Sections
					 57422, and
					 57433 through
					 57439, and by September 1, of each
					 year, establish or reestablish the permanent payment rate and notify, in
					 writing, each vendor, the vendoring regional center, and utilizing regional
					 center(s), if any, of the following:
(1) The
					 permanent payment rate;
(2) The
					 effective date and expiration date of the permanent payment rate;
(3) The service code and staffing ratio used
					 to determine the permanent payment rate;
(4) Any Budget Act adjustments;
(5) The next required reporting period, and
					 submission date pursuant to Sections
					 57431(a)(2) and
					 57432(a)(2) for
					 the program, cost, vendor income, and as applicable, regional center payment
					 information;
(6) That payment of
					 the permanent payment rate shall be suspended pursuant to Section
					 57432(c)(1)(B) if
					 the required information specified in (a)(5) is not submitted; and
(7) The vendor's right to appeal the
					 permanent payment rate pursuant to Sections
					 57940 through
					 57948.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 10 - Schedule of Payment Rates for Community-Based Day Programs › Article 6 - Timelines for Rate Establishment and Written Notification › Section 57666 - Timelines for Establishment of the Temporary Payment Rate and Written Notification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 For vendors requesting a temporary payment rate, the Department shall within 30
					 days from receipt of program information that complies with section
					 57433, establish a temporary
					 payment rate and notify, in writing, each vendor, the vendoring regional
					 center, and utilizing regional center(s), if any, of the following:
(1) The temporary payment rate;
(2) The effective date and expiration date of
					 the temporary payment rate;
(3) The
					 service code and staffing ratio used to determine the temporary payment
					 rate;
(4) Any cost-of-living
					 adjustment;
(5) The next required
					 reporting period, and submission date pursuant to sections
					 57431(a)(1) and
					 57432(a)(1) for
					 the program, cost and vendor income information;
(6) That payment of the temporary payment
					 rate shall be suspended pursuant to section
					 57432(c)(1)(A) if
					 the required information specified in (a)(5) is not submitted;,and
(7) The vendor's right to appeal the
					 temporary payment rate pursuant to sections
					 57940 through
					 57948.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 11 - Reporting Requirements for Community-Based Day Programs › Article 1 - Annual Report to the Legislature › Section 57810 - The Department's Annual Report to the Legislature

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) By April 15, 1997, for Fiscal Year
					 1997-98, and by April 15 for each alternate fiscal year thereafter, the
					 Department shall report the following to the Legislature:
(1) The amount needed to fund the statewide
					 fiscal impact of the gap including identification of the amount attributed to
					 vendors who are:
(A) Not eligible for a gap
					 adjustment pursuant to section
					 57514(a)(2)(B);
					 or
(B) Eligible only for a partial
					 gap adjustment pursuant to section
					 57514(a)(2)(A).
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 11 - Reporting Requirements for Community-Based Day Programs › Article 1 - Annual Report to the Legislature › Section 57812 - The Joint Report to the Legislature for Fiscal Year 1996-97. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36).
						A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-26-90 order transmitted to
						OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).
3. Change
						without regulatory effect repealing section filed 1-17-97 pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 3).
Note: Authority cited: Sections
						  4691
						  and
						  4691.5,
						  Welfare and Institutions Code. Reference: Sections
						  4691
						  and
						  4691.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 11 - Reporting Requirements for Community-Based Day Programs › Article 2 - Calculation of the Statewide Fiscal Impact of the Gap › Section 57820 - Determination of the Statewide Fiscal Impact of the Gap for Fiscal Year 1997-98, and Each Alternate Fiscal Year Thereafter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For vendors with a permanent payment rate
					 whose amount computed in step two, section
					 57511(a)(1), is
					 below the upper limit of the allowable range of rates computed in section
					 57513 the Department shall:
(1) For each vendor, calculate the difference
					 between step two, section
					 57511(a)(1) and
					 step five, section
					 57514(a)(1);
(2) Multiply the amount computed in (1) for
					 each vendor by each vendor's actual consumer attendance identified in section
					 57433(b)(2)(B) or
					 (3)(D); and
(3) Add the amounts computed in (2) to
					 determine the statewide gap.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 11 - Reporting Requirements for Community-Based Day Programs › Article 2 - Calculation of the Statewide Fiscal Impact of the Gap › Section 57822 - Determination of the Statewide Fiscal Impact of the Gap for Fiscal Year 1993-94, and Each Alternate Fiscal Year Thereafter. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36).
						A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-26-90 order transmitted to
						OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).
3. Change
						without regulatory effect repealing section filed 1-17-97 pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 3).
Note: Authority cited: Sections
						  4691
						  and
						  4691.5,
						  Welfare and Institutions Code. Reference: Sections
						  4691
						  and
						  4691.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 12 - Rate Adjustments, Audit Adjustments and Rate Appeals for Community-Based Day Programs › Article 1 - 1. General Provisions › Section 57910 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 A permanent payment rate may be adjusted pursuant to this article, by the
					 Department, only for the following:
(1) A
					 rate adjustment pursuant to section
					 57920(b) and (c);
					 and/or
(2) An audit adjustment
					 pursuant to section
					 57930(a)(1)(A);
					 and/or
(3) A rate appeal pursuant
					 to sections
					 57940 through
					 57948.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 12 - Rate Adjustments, Audit Adjustments and Rate Appeals for Community-Based Day Programs › Article 2 - Rate Adjustments › Section 57920 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Once a payment rate for each community-based day program has been established
					 by the Department, adjustments to that rate shall be considered by the
					 Department, for either anticipated or unanticipated program changes, in
					 accordance with (b) and (c).
(b)
					 Anticipated program changes are service modifications which the vendor and/or
					 the vendoring regional center can plan for and expect to occur in the next
					 fiscal year. Anticipated program changes shall be submitted to the Department
					 and the vendoring regional center prior to December 1 of the year previous to
					 the fiscal year in which the changes are expected to occur. Any requests
					 submitted after December 1 shall not be considered by the Department.
					 Anticipated program changes shall be limited to the following:
(1) A modification in the program design
					 pursuant to section
					 56712 or
					 56762 which results in a change in
					 the approved existing staffing ratio or approved service code. Changes in the
					 approved existing staffing ratio or approved service code shall be based upon
					 the characteristics and needs of the consumers served and/or the program
					 curriculum as specified in section
					 56756 or
					 56772;
(2) Relocation of the service due to
					 expiration of the vendor's facility lease or tenancy arrangement;
					 and/or
(3) A loss or gain of any
					 vendor income used to compute the vendor's rate.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 12 - Rate Adjustments, Audit Adjustments and Rate Appeals for Community-Based Day Programs › Article 2 - Rate Adjustments › Section 57922 - Submission Requirements for Rate Adjustments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any community-based day program vendor
					 requesting a rate adjustment due to anticipated or unanticipated program
					 changes pursuant to the requirements of section
					 57920 shall submit the following
					 information in writing to the Department with a copy to the vendoring regional
					 center:
(1) Vendor program information
					 specified in section
					 57433(a)(1) through
					 (4);
(2) The specific reason for the adjustment
					 request;
(3) All supporting
					 documentation and any other information necessary to substantiate and/or
					 justify the request;
(4) Program,
					 cost and vendor income information for only those items relatingto the rate
					 adjustment request; and
(5) The
					 date the additional cost was incurred or is expected to be
					 incurred.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 12 - Rate Adjustments, Audit Adjustments and Rate Appeals for Community-Based Day Programs › Article 2 - Rate Adjustments › Section 57924 - Review Procedures for Rate Adjustments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within five days of receipt of the rate
					 adjustment request from the vendor, the Department shall send a written
					 notification to the vendoring regional center which shall indicate that the
					 Department has received the rate adjustment request from the vendor.
(b) Within 30 days from the date of the
					 Department's written notification pursuant to (a), the vendoring regional
					 center shall:
(1) Review all information
					 submitted by the vendor to determine if it complete and complies with the
					 requirements of sections
					 57920 and
					 57922; and
(2) Notify the Department in writing, with a
					 copy to the vendor, of the vendoring regional center's recommendation,
					 including supporting rationale for their recommendation. The vendoring regional
					 center's supporting rationale shall include:
(A) The specific regulatory basis for the
					 request;
(B) A statement that the
					 circumstances necessitating the request have been verified by the regional
					 center; and
(C) Other documents
					 which support the regional center's
					 recommendation.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 12 - Rate Adjustments, Audit Adjustments and Rate Appeals for Community-Based Day Programs › Article 3 - Audit Adjustments › Section 57930 - Rate Adjustments Resulting from Audit Findings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Department or regional center
					 conducts an audit of the vendor, and an adjustment to the rate is required as a
					 result of the audit, the Department shall adjust the vendor's rate as follows:
(1) The audit report shall be utilized by the
					 Department in determining whether an adjustment to the vendor's rate is
					 required. This determination shall be made prior to issuance of the audit
					 report.
(A) For vendors reimbursed at a
					 permanent payment rate, the vendor's rate shall be adjusted if the program,
					 cost, vendor income, and as applicable, regional center payment information,
					 used as a basis for determining the rate, does not substantiate or support the
					 rate established by the Department.
(B) For vendors reimbursed at a temporary
					 payment rate, the vendor's rate shall be adjusted if any of the program
					 information used as a basis for determining the rate, does not substantiate or
					 support the rate established by the Department.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 12 - Rate Adjustments, Audit Adjustments and Rate Appeals for Community-Based Day Programs › Article 4 - Rate Appeals › Section 57940 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 A vendor may appeal the following to the Department's Deputy Director who has
					 the responsibility for setting rates:
(1)
					 Errors in program and/or cost and/or vendor income and/or, as applicable,
					 regional center payment information submitted by the vendor which was utilized
					 by the Department to establish the vendor's rate;
(2) Errors by the Department in calculating
					 the vendor's rate, including revised rates based on a final audit report or the
					 results of an appeal of a final audit report;
(3) The effective date of the rate, including
					 revised rates based on a final audit report or the results of an appeal of a
					 final audit report; and/or
(4) A
					 rate adjustment request denied by the Department pursuant to Sections
					 57920 through
					 57924, except anticipated program
					 changes that were not approved because funding was not appropriated for that
					 purpose.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 12 - Rate Adjustments, Audit Adjustments and Rate Appeals for Community-Based Day Programs › Article 4 - Rate Appeals › Section 57941 - Contents of Appeal and Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The appeal filed pursuant to section
					 57940 shall be in writing and
					 shall include the following:
(1) Vendor
					 program information specified in section
					 57433(a)(1) through
					 (4);
(2) Identification of the rate error or
					 effective date being appealed;
(3)
					 The specific basis of the appeal; and
(4) All supporting documentation and any
					 other information necessary to substantiate and/or justify the appeal including
					 the specific regulation used as the basis for the appeal.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 12 - Rate Adjustments, Audit Adjustments and Rate Appeals for Community-Based Day Programs › Article 4 - Rate Appeals › Section 57942 - Appeal of Deputy Director's Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The appellant may appeal the Deputy
					 Director's decision to the Director within 15 days after receipt of the written
					 decision. The appeal shall be in writing and shall include the following:
(1) All information submitted to the Deputy
					 Director pursuant to section
					 57941(a);
(2) A copy of the Deputy Director's decision;
					 and
(3) A statement of the
					 issue(s), facts, documentation, and supporting authority identifying why the
					 appellant believes the decision of the Deputy Director should be reversed by
					 the Director.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 12 - Rate Adjustments, Audit Adjustments and Rate Appeals for Community-Based Day Programs › Article 4 - Rate Appeals › Section 57944 - Effective Date of Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The effective date of the decision rendered pursuant to
						Sections 57941 and
						57942 shall be stated in the
						decision. The effective date shall be the date the Department received the
						appeal pursuant to Section
						57940 or the date the costs are
						incurred, whichever is later.
1. New
						section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36).
						A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-26-90 order transmitted to
						OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).
3. Amendment
						of section filed as an emergency 6-17-93; operative 6-17-93. Submitted to OAL
						for printing only pursuant to SB485 (Chapter 722, Statutes of 1992) Section
						147(a) (Register
						93, No. 26).
4. Certificate of Compliance as to 6-17-93 order
						transmitted to OAL 6-20-94 and filed 8-2-94 (Register 94, No.
						31).
Note: Authority cited: Chapter 722, Statutes of 1992,
						  Section 147; and Sections
						  4691
						  and
						  4791(i),
						  Welfare and Institutions Code. Reference: Sections
						  4691
						  and
						  4791,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 12 - Rate Adjustments, Audit Adjustments and Rate Appeals for Community-Based Day Programs › Article 4 - Rate Appeals › Section 57946 - Good Cause

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
					 the purposes of sections
					 57940 through
					 57944, good cause for a failure to
					 act is limited to:
(1) A violent act of
					 nature, including, but not limited to, flood, earthquake, blizzard or fire;
					 and/or
(2) Arson, vandalism and/or
					 theft of records and/or property, by individuals other than the appellant,
					 which preclude the appellant from filing a timely appeal.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 12 - Rate Adjustments, Audit Adjustments and Rate Appeals for Community-Based Day Programs › Article 4 - Rate Appeals › Section 57948 - Review of Documents Only. An Appeal Made Pursuant to Sections 57940 Through 57946 Shall be Decided Only on the Documents Submitted. There Shall be NO Oral Testimony or Argument

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36).
						A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-26-90 order transmitted to
						OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).
3. Amendment
						of forms filed 8-6-92; operative 8-6-92 (Register 92, No. 33).
4.
						Amendment of forms filed as an emergency 6-17-93; operative 6-17-93. Submitted
						to OAL for printing only pursuant to SB485 (Chapter 722, Statutes of 1992)
						Section 147(a) (Register
						93, No. 26).
5. Amendment of form DS1897 Instructions filed 6-20-94
						as an emergency; operative 6-20-94. Submitted to OAL for printing only pursuant
						to Chapter 722, Statutes of 1992, Section
						147 (Register 94, No.
						25).
6. Certificate of Compliance as to 6-17-93 order transmitted to
						OAL 6-20-94 and filed 8-2-94 (Register 94, No. 31).
7. Editorial
						correction of form (Register 96, No. 13).
8. Certificate of
						Compliance as to 6-20-94 order transmitted to OAL 2-20-96 and filed 3-29-96
						(Register 96, No. 13).
Note: Authority cited: Section
						  4691,
						  Welfare and Institutions Code. Reference: Section
						  4691,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 13 - Rate-Setting Procedures for in-Home Respite Services Agency Vendors › Article 1 - Definitions › Section 58000 - Terms Defined in Other Subchapters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As used in Sections
					 58020 through , the following
					 words and phrases have the meanings specified in Sections
					 54302 and
					 57210:
(1) Authorized Consumer
					 Representative
(2)
					 Consumer
(3) Cost-of-Living
					 Adjustment or COLA
(4)
					 Days
(5) Department
(6) Director
(7) Family Member
(8) Fiscal Year
(9) Generic Agency
(10) In-Home Respite Services
(11) Level of Payment
(12) Like Programs
(13) Management Organizations
(14) Profit or Surplus
(15) Public Agency
(16) Regional Center
(17) Regional Center Payments
(18) Service Code
(19) Straight-line Depreciation
(20) Subcode
(21) User Regional Center or Utilizing
					 Regional Center
(22)
					 Vendor
(23) Vendor Identification
					 Number
(24) Vendoring Regional
					 Center
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 13 - Rate-Setting Procedures for in-Home Respite Services Agency Vendors › Article 1 - Definitions › Section 58010 - Additional Terms Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As
					 used in sections
					 58020 through
					 58448, the following words and
					 phrases have the following meanings:
(1)
					 "Allowable Range" means the distance from the lower limit to the upper limit in
					 a distribution of amounts among like programs determined pursuant to step four,
					 section 58113;
(2) "Direct Service Hours" means the number
					 of hours during which a respite worker provides care to a consumer in the
					 consumer's place of residence and, for vendors reimbursed for absences pursuant
					 to Section
					 54326(a)(12), the
					 number of direct service hours for which reimbursement was received shall also
					 be included;
(3) "Gap" means the
					 difference between the amount determined for each vendor in step five, section
					 58114(a)(1) and
					 the amount determined for each vendor in step two, section
					 58111 based upon allowable cost
					 and direct consumer service hours reported to the Department;
(4) "Gap Funding" means an amount of funds
					 appropriated in the Budget Act pursuant to Section
					 58320;
(5) "Lower Limit" means the lowest amount
					 allowed in the distribution of amounts among like programs, without an increase
					 in the amount pursuant to step six, section
					 58115;
(6) "Permanent Payment Rate" means a rate
					 established by the Department subsequent to the effective date of sections
					 58000 through
					 58448, which is based upon each
					 vendor's service, allowable cost, direct service hours, vendor income, and as
					 applicable, regional center payment information;
(7) "Temporary Payment Rate" means a rate
					 established by the Department subsequent to the effective date of sections
					 58000 through
					 58448, for vendors who do not have
					 an actual cost history which the Department can use to establish a permanent
					 payment rate;
(8) "Upper limit"
					 means the highest amount allowed in the distribution of amounts among like
					 programs, without a decrease in the amount pursuant to step six, section
					 58115; and
(9) "Vendor Income" means all income received
					 from any public agency, with the exception of the Department or regional
					 centers, for services to consumers pursuant to section
					 58038.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 13 - Rate-Setting Procedures for in-Home Respite Services Agency Vendors › Article 2 - General Provisions › Section 58020 - General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 If a vendor serves both consumers and persons other than consumers, the vendor
					 shall:
(1) Report only the service, cost and
					 vendor income information related to services to consumers; and
(2) Allocate its costs and vendor income to
					 consumers and to other persons served by the vendor based upon the total actual
					 number of direct service hours.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 13 - Rate-Setting Procedures for in-Home Respite Services Agency Vendors › Article 3 - Submission of Required Information › Section 58030 - Submission of Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each in-home respite services agency vendor shall submit the service, cost and
					 vendor income information specified in Sections
					 58033 through
					 58038, and as applicable, the
					 regional center payment information specified in Section
					 58039, on Form DS1897B, dated
					 12/92, entitled In-Home Respite Services Agency: Service, Cost and Vendor
					 Income Statement, for each service for which the vendor is requesting that a
					 rate be established. The vendor shall sign and date Form DS1897B which includes
					 a certification that the information is true, correct and complies with
					 Sections 58020 through
					 58039. The vendor shall submit the
					 original document to the Department with a copy of this document submitted to
					 the vendoring regional center at the same time the original document is
					 submitted to the Department.
1. New
						section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36).
						A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-26-90 order transmitted to
						OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).
3. Amendment
						of subsection (a) and NOTE filed 8-6-92; operative 8-6-92 (Register 92, No.
						33).
4. Amendment of section filed as an emergency 6-17-93;
						operative 6-17-93. Submitted to OAL for printing only pursuant to SB485
						(Chapter 722, Statutes of 1992) Section
						147(a) (Register
						93, No. 26).
5. Certificate of Compliance as to 6-17-93 order
						transmitted to OAL 6-20-94 and filed 8-2-94 (Register 94, No.
						31).
Note: Authority cited: Chapter 722, Statutes of 1992,
						  Section 147; and Sections
						  4690.2
						  and
						  4791(i),
						  Welfare and Institutions Code. Reference: Sections
						  4690.2,
						  4691,
						  4691.5
						  and
						  4791,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 13 - Rate-Setting Procedures for in-Home Respite Services Agency Vendors › Article 3 - Submission of Required Information › Section 58031 - Reporting Periods for Submission of Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Information submitted pursuant to
					 sections 58033 through
					 58039 shall cover the following
					 reporting periods:
(1) For vendors receiving
					 a temporary payment rate and whose temporary payment rate will be converted to
					 a permanent payment rate, the reporting period shall be 12 consecutive months
					 of representative actual allowable cost information, incurred within 18 months
					 from the date the temporary payment rate became effective. The Department may
					 grant an extension of the temporary payment rate for a period of up to six
					 months if the vendor is unable to submit the required cost information due to
					 delayed consumer enrollment into the program; and
(2) For vendors receiving a permanent payment
					 rate and whose permanent payment rate will be established in Fiscal Year
					 1997-98, and each alternate fiscal year thereafter, the reporting period shall
					 be Fiscal Year 1995-96, and each alternate fiscal year
					 thereafter.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 13 - Rate-Setting Procedures for in-Home Respite Services Agency Vendors › Article 3 - Submission of Required Information › Section 58032 - Required Due Dates for Submission of Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The required dates for submission are as
					 follows:
(1) Within 18 months from the date
					 the temporary payment rate became effective, for vendors whose temporary
					 payment rate is being converted to a permanent payment rate, unless an
					 extension of the temporary payment rate has been granted pursuant to Section
					 58031(a)(1);
(2) Prior to expiration of the temporary
					 payment rate for those vendors who received an extension pursuant to Section
					 58031(a)(1);
(3) September 30, 1996, and each alternate
					 September 30 thereafter, for vendors whose permanent payment rate is being
					 established in Fiscal Year 1997-98, and each alternate fiscal year thereafter;
					 and
(4) At the time the vendor
					 requests establishment of a temporary payment rate, for vendors requesting a
					 temporary payment rate.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 13 - Rate-Setting Procedures for in-Home Respite Services Agency Vendors › Article 3 - Submission of Required Information › Section 58033 - Required Service Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 In order for the Department to establish a temporary payment rate or permanent
					 payment rate, the vendor shall submit the following service information:
(1) Vendor name, and name of the management
					 organization, if any, vendor identification number, service code and
					 subcode;
(2) Office telephone
					 number, business and mailing addresses;
(3) Name of the service director;
(4) Name of the vendoring regional center and
					 utilizing regional center(s), if any; and
(5) A copy of the service design which was
					 submitted to the vendoring regional center pursuant to section
					 54310(a)(10)(F).
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 13 - Rate-Setting Procedures for in-Home Respite Services Agency Vendors › Article 3 - Submission of Required Information › Section 58036 - Costs Not to be Reported

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Non-allowable costs shall not be reported, and are limited to the following:
(1) Camperships, student aid funds and
					 scholarships;
(2) Consumer
					 entertainment and admission fees;
(3) Consumer moving expenses;
(4) Contractual/consultant fees for
					 individual services which can be obtained through a generic agency and which
					 the generic agency is legally responsible to provide;
(5) Depreciation costs for furniture,
					 equipment, buildings or vehicles that are donated, secured or purchased through
					 government grants;
(6) Depreciation
					 costs for owned land;
(7) Donated
					 services, buildings, furniture, equipment or vehicles;
(8) Donations to other agencies;
(9) Employee bonuses and
					 commissions;
(10) Office furniture,
					 equipment, or vehicle rental or lease costs associated with items which are
					 owned by a management organization, its affiliates or a commonly owned entity;
					 and are leased or rented back to the management organization, its affiliates or
					 a commonly owned entity, or the services it operates, when submission of such
					 costs would result in the vendor being reimbursed twice for the same
					 costs;
(11) Federal/state income
					 tax and penalties or fees associated with payment of federal or state income
					 taxes;
(12) Fund raising
					 costs;
(13) Gifts for consumers or
					 employees;
(14) Legal fees directly
					 related to a consumer, or expenses for the prosecution of claims against the
					 regional center or state agencies;
(15) Management organization costs pursuant
					 to Section
					 58034(a)(4)(B);
(16) Payroll tax penalties;
(17) Profit;
(18) Public relations costs;
(19) Refundable deposits;
(20) Supplements to consumers for their daily
					 living needs;
(21) Surplus as
					 defined in Section
					 57210(a)(11);
					 and
(22) Travel costs associated
					 with transporting consumers to or from the vendored service site except for
					 emergencies when the consumer's health and safety is at
					 risk.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 13 - Rate-Setting Procedures for in-Home Respite Services Agency Vendors › Article 3 - Submission of Required Information › Section 58038 - Required Vendor Income Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In order for the Department to establish
					 a permanent payment rate, the vendor shall submit the following vendor income
					 information:
(1) The name of each vendor
					 income source;
(2) The total amount
					 of vendor income received from each source; and
(3) The duration of funding provided by each
					 vendor income source.