reglab/statecodes huggingface dataset:
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 2 - Early Intervention Services › Subchapter 5 - Procedural Safeguards › Article 2 - Access Rights › Section 52168 - Amendment of Records at Parental Request

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A parent, who believes that information
					 in a regional center's or LEA's records is inaccurate or misleading or violates
					 the privacy or other rights of an infant or toddler or family, may request that
					 the director of the regional center or the Superintendent of the LEA amend or
					 remove the information over which the regional center or LEA has
					 authority.
(b) The service
					 coordinator, upon request, shall assist a parent in communicating with those
					 persons who created information contained in the record, when the regional
					 center or LEA did not originate the information which the parent believes is
					 inaccurate, misleading, or violates the privacy or other rights of an infant or
					 toddler or family.
(c) No later
					 than 14 days after receipt of the request for amendment or removal of
					 information from a record, the regional center or LEA shall notify the parent
					 if the request has been denied and advise the parent of the right to a meeting
					 with the Director of the regional center or the Superintendent of the LEA
					 pursuant to Title 34 Code of Federal Regulations, Section
					 99.20(c).
(d) If the result of the meeting is that the
					 record will not be amended, the regional center or LEA shall inform the parent
					 of the right to place, in the record maintained on the infant or toddler, a
					 statement commenting on the information contained in the record or setting
					 forth any reasons for disagreeing with the contents of any document in the
					 child's records, regardless of whether the document was created by the regional
					 center or LEA or by any other agency or individual.
(e) Any statement placed in the record of the
					 infant or toddler pursuant to subsection (d) above shall:
(1) Be kept by the regional center or LEA as
					 part of the record of the infant or toddler as long as the contested portion of
					 the record is maintained by the regional center or LEA; and,
(2) Accompany the record of the infant or
					 toddler if the contested portion is disclosed by the regional center or
					 LEA.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 2 - Early Intervention Services › Subchapter 5 - Procedural Safeguards › Article 2 - Access Rights › Section 52169 - Consent for Release of Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Written parental consent shall be obtained before
						personally identifiable information is disclosed in writing or orally to anyone
						other than authorized employees specified by the regional center or
						LEA.
1. New
						section filed 8-4-97 as an emergency; operative 8-4-97 (Register 97, No. 32).
						Pursuant to Government Code section
						95028(c),
						a Certificate of Compliance must be transmitted to OAL by 1-31-98, or emergency
						language will be repealed by operation of law on the following
						day.
2. New section, including amendment of NOTE, refiled 1-30-98 as
						an emergency; operative 1-31-98 (Register 98, No. 5). A Certificate of
						Compliance must be transmitted to OAL by 6-1-98 or emergency language will be
						repealed by operation of law on the following day.
3. New section
						refiled 6-1-98 as an emergency; operative 6-1-98 (Register 98, No. 23). A
						Certificate of Compliance must be transmitted to OAL by 9-29-98 or emergency
						language will be repealed by operation of law on the following
						day.
4. Certificate of Compliance as to 6-1-98 order, including
						amendment of NOTE, transmitted to OAL 6-16-98 and filed 7-28-98 (Register 98,
						No. 31).
Note: Authority cited: Sections
						  95009 and
						  95028,
						  Government Code. Reference: Sections
						  1435(a)(13) and
						  1439(2), Title 20
						  United States Code; and Sections
						  300.571 and
						  303.460, Title 34 Code of Federal
						  Regulations.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 2 - Early Intervention Services › Subchapter 5 - Procedural Safeguards › Article 3 - Complaint Process › Section 52170 - Complaint Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 A complaint shall be a written and signed statement alleging that a regional
					 center, LEA or any private service provider receiving funds under Part C of the
					 Individuals with Disabilities Education Act, Title
					 20 United States Code,
					 Sections 1431-1445, has violated
					 any federal or state law or regulation governing the provision of early
					 intervention services including the process of determining eligibility provided
					 through Part C of the Individuals with Disabilities Education Act, Title
					 20 United States Code
					 Sections 1431-1445, for infants or
					 toddlers and their families.
(b)
					 Any individual or organization may file a complaint.
(c) The alleged violation must have occurred:
(1) Not more than one year before the date
					 that the complaint is received by the Department of Developmental Services
					 unless a longer period is reasonable because the alleged violation continues
					 for that child or other children; or
(2) Not more than three years before the date
					 on which the complaint is received by the Department of Developmental Services,
					 if the complainant is requesting reimbursement or corrective action as
					 remediation of the complaint.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 2 - Early Intervention Services › Subchapter 5 - Procedural Safeguards › Article 3 - Complaint Process › Section 52171 - Complaint Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 60 days of receipt of the
					 complaint the Department of Developmental Services shall:
(1) Assign the investigation of the complaint
					 to a state interagency team or to the appropriate state agency that is
					 responsible for the administration of the regional center, LEA or any private
					 service provider receiving funds under Part C of the Individuals with
					 Disabilities Education Act, Title
					 20 United States Code
					 Sections 1431-1445, named in the
					 complaint, which shall:
(A) Conduct an
					 investigation, on-site if necessary; and
(B) Give the complainant the opportunity to
					 submit additional information, either orally or in writing, about the
					 allegations in the complaint;
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 2 - Early Intervention Services › Subchapter 5 - Procedural Safeguards › Article 4 - Mediation and Due Process Procedures › Section 52172 - Procedures that Apply to Both Mediation and Due Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A parent may request a mediation
					 conference and/or a due process hearing under any of the following
					 circumstances:
(1) A regional center or LEA
					 proposes to initiate or change the identification, evaluation, assessment,
					 placement or provision of appropriate early intervention services;
(2) A regional center or LEA refuses to
					 initiate or change the identification, evaluation, assessment, placement or
					 provision of appropriate early intervention services; or,
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 2 - Early Intervention Services › Subchapter 5 - Procedural Safeguards › Article 4 - Mediation and Due Process Procedures › Section 52174 - Due Process Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing shall be conducted by a due
					 process hearing officer who is an impartial, third party with no personal or
					 professional interest that would conflict with his or her objectivity in
					 conducting the hearing.
(b) The due
					 process hearing officer shall be knowledgeable about the federal and state laws
					 and regulations applicable to Part C of the Individuals with Disabilities
					 Education Act, Title 20
					 United States Code Sections
					 1431-1445, and the California Early
					 Intervention Services Act, Government Code Sections
					 95000-
					 95030, the
					 Lanterman Developmental Disabilities Services Act, Welfare and Institutions
					 Code sections
					 4500
					 et seq.; and Part 30 of the California Education Code, commencing with Section
					 56500 et seq.
(c) The hearing officer shall:
(1) Listen to the presentation of relevant
					 viewpoints about the issue of disagreement;
(2) Examine the evidence presented during the
					 hearing;
(3) Issue a decision that
					 is in compliance with federal and state law;
(4) Provide documentation of the proceedings,
					 including findings of fact and a written decision; and
(5) Ensure that the decision is mailed to
					 each party after completion of the hearing and within 30 days of receipt of the
					 due process hearing request.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 2 - Early Intervention Services › Subchapter 5 - Procedural Safeguards › Article 5 - Surrogate Parents › Section 52175 - Surrogate Parents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Regional centers or LEAs shall assign an individual to act as a surrogate
					 parent if:
(1) No parent can be
					 identified;
(2) The infant or
					 toddler is a dependent of the juvenile court and the parental rights of the
					 parent have been limited by the court or relinquished; or
(3) The parent cannot be located, after
					 reasonable efforts by the regional center or LEA.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 1 - General › Article 1 - Definitions › Section 54000 - Developmental Disability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 "Developmental Disability" means a disability that is attributable to mental
					 retardation, cerebral palsy, epilepsy, autism, or disabling conditions found to
					 be closely related to mental retardation or to require treatment similar to
					 that required for individuals with mental retardation.
(b) The Developmental Disability shall:
(1) Originate before age eighteen;
(2) Be likely to continue
					 indefinitely;
(3) Constitute a
					 substantial disability for the individual as defined in the
					 article.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 1 - General › Article 1 - Definitions › Section 54001 - Substantial Disability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 "Substantial disability" means:
(1) A
					 condition which results in major impairment of cognitive and/or social
					 functioning, representing sufficient impairment to require interdisciplinary
					 planning and coordination of special or generic services to assist the
					 individual in achieving maximum potential; and
(2) The existence of significant functional
					 limitations, as determined by the regional center, in three or more of the
					 following areas of major life activity, as appropriate to the person's age:
(A) Receptive and expressive
					 language;
(B) Learning;
(C) Self-care;
(D) Mobility;
(E) Self-direction;
(F) Capacity for independent
					 living;
(G) Economic
					 self-sufficiency.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 1 - General › Article 1 - Definitions › Section 54002 - Cognitive

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Cognitive" as used in this chapter means the ability of
						an individual to solve problems with insight, to adapt to new situations, to
						think abstractly and to profit from experience.
1. New
						section filed 6-24-80; effective thirtieth day thereafter (Register 80, No.
						26).
Note: Authority cited: Section
						  4512,
						  Welfare and Institutions Code. Reference: Sections
						  4500 et seq., 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 1 - General › Article 2 - Eligibility › Section 54010 - Eligibility for Regional Center Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any resident of the State of California
					 believed to have a developmental disability, and any resident of the State of
					 California believed to be at high risk of parenting an infant with a
					 developmental disability shall be eligible, upon application to the regional
					 center, for initial intake, diagnostic and counseling services, and a
					 determination regarding the need for assessment.
(b) Eligibility for ongoing regional center
					 services shall be contingent upon the determination, after intake and
					 assessment, that the person has a developmental disability that constitutes a
					 substantial disability as defined in Article 1 of this subchapter.
(c) Any individual deemed ineligible may
					 appeal the decision in accordance with Welfare and Institutions Code, Sections
					 4700-
					 4716.
					 The Director's decision resulting from a fair hearing appeals process shall be
					 final and binding on all parties.
1. New
						section filed 6-24-80; effective thirtieth day thereafter (Register 80, No.
						26).
2. Order of Repeal of subsection (c) and relettering of
						subsection (d) to subsection (c) filed 8-26-82 by OAL pursuant to Government
						Code Section
						11349.7(j)
						(Register 82, No. 35).
3. Amendment of subsections (b)-(c) and
						amendment of NOTE filed 9-25-2003 as an emergency; operative 9-25-2003
						(Register 2003, No. 39). A Certificate of Compliance must be transmitted to OAL
						by 1-23-2004 or emergency language will be repealed by operation of law on the
						following day.
4. Amendment of subsections (b)-(c) and amendment of
						NOTE refiled 1-23-2004 as an emergency; operative 1-24-2004 (Register 2004, No.
						4). A Certificate of Compliance must be transmitted to OAL by 5-24-2004 or
						emergency language will be repealed by operation of law on the following
						day.
5. Certificate of Compliance as to 1-23-2004 order transmitted
						to OAL 3-3-2004 and filed 4-12-2004 (Register 2004, No.
						16).
Note: Authority cited: Sections
						  4512
						  and
						  4640,
						  Welfare and Institutions Code. Reference: Sections
						  4512,
						  4640,
						  4642,
						  4643
						  and
						  4644,
						  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 2 - Vendorization › Article 1 - Definitions › Section 54300 - Meaning of Words

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Words shall have their usual meaning unless the context
						or a definition clearly indicates a different meaning. Words used in their
						present tense include the future tense and words in the singular form include
						the plural form. Use of the word "shall" denotes mandatory conduct; "may"
						denotes permissive conduct; and "should" denotes recommended
						conduct.
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 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: Sections
						  4405,
						  and
						  4648(a),
						  Welfare and Institutions Code; and Section
						  11152,
						  Government Code. Reference: Article II, Chapter 5, Division 4.5, 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 2 - Vendorization › Article 2 - Vendorization Process › Section 54306 - Service Bank Application. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 11-5-91 as an emergency; operative 11-5-91 (Register 92, No. 21).
						A Certificate of Compliance must be transmitted to OAL 3-4-92 or emergency
						language will be repealed by operation of law on the following
						day.
2. New section refiled 3-4-92 as an emergency; operative 3-4-92
						(Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL
						7-2-92 or emergency language will be repealed by operation of law on the
						following day.
3. Repealer filed 8-6-92; operative 8-6-92 (Register
						92, No. 33).
4. Editorial correction of printing error moving
						article heading to section
						54302 (Register 92, No.
						34).
Note: Authority cited: Chapter 93, Statutes of 1991,
						  Section 2(g); Sections
						  4405
						  and
						  4648(b),
						  Welfare and Institutions Code; and Section
						  11152,
						  Government Code. Reference: Chapter 93, Statutes of 1991, Section
						  2(g); and
						  Sections
						  4502,
						  4631,
						  4648(b)
						  and
						  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 2 - Vendorization › Article 2 - Vendorization Process › Section 54308 - Determination of Need and Notice Requirements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 11-5-91 as an emergency; operative 11-5-91 (Register 92, No. 21).
						A Certificate of Compliance must be transmitted to OAL 3-4-92 or emergency
						language will be repealed by operation of law on the following
						day.
2. New section refiled 3-4-92 as an emergency; operative 3-4-92
						(Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL
						7-2-92 or emergency language will be repealed by operation of law on the
						following day.
3. Repealer filed 8-6-92; operative 8-6-92 (Register
						92, No. 33).
Note: Authority cited: Chapter 93, Statutes of 1991,
						  Section 2(g); Sections
						  4405
						  and
						  4648(b),
						  Welfare and Institutions Code; and Section
						  11152,
						  Government Code. Reference: Chapter 93, Statutes of 1991, Section
						  2(g); and
						  Sections
						  4631
						  and
						  4648(b),
						  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 2 - Vendorization › Article 2 - Vendorization Process › Section 54312 - Applicants Exempted from the Application Process. [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. Amendment
						of subsection (a)(1) filed 9-26-91; operative 9-26-91 pursuant to Government
						Code section
						11346.2(d)
						(Register 92, No. 10).
4. Amendment of section heading, subsections
						(a), (a)(2)-(4), repealer of subsection (b) and new subsections (b)-(c), and
						amendment of NOTE filed 11-5-91 as an emergency; operative 11-5-91 (Register
						92, No. 21). A Certificate of Compliance must be transmitted to OAL 3-4-92 or
						emergency language will be repealed by operation of law on the following
						day.
5. Amendment of section heading, subsections (a), (a)(2)-(4),
						repealer of subsection (b), and new subsections (b)-(c), and amendment of NOTE
						refiled 3-4-92 as an emergency; operative 3-4-92 (Register 92, No. 25). A
						Certificate of Compliance must be transmitted to OAL 7-2-92 or emergency
						language will be repealed by operation of law on the following
						day.
6. Certificate of Compliance as to 3-4-92 order including
						amendments transmitted to OAL 6-25-92 and filed 8-6-92 (Register 92, No.
						33).
7. Repeal 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).
Note: Authority cited: Chapter 93, Statutes of 1991,
						  Section 2(g); Sections
						  4405
						  and
						  4648(b),
						  Welfare and Institutions Code; and Section
						  11152,
						  Government Code. Reference: Chapter 93, Statutes of 1991, Section
						  2(g); and
						  Sections
						  4631
						  and
						  4648(b),
						  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 2 - Vendorization › Article 2 - Vendorization Process › Section 54314 - Ineligibility for Vendorization

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following applicants shall not be
					 vendored:
(1) Any officer or employee of the
					 State of California;
(2) Any
					 applicant in which an officer or employee of the State of California has a
					 financial interest, as defined in the Government Code, Section
					 87103,
					 except as permitted by Public Contract Code, Section
					 10430(g),
					 effective January 1, 1992;
(3)
					 Employees and board members of any regional center with a conflict of interest
					 pursuant to Title 17, Sections
					 54500 through
					 54525, unless the conflict is
					 eliminated or a waiver is obtained pursuant to Title 17, Sections
					 54522 through
					 54525;
(4) Any applicant in which the regional
					 center employee or board member has a relationship which creates a conflict of
					 interest pursuant to Title 17, Sections
					 54500 through
					 54525, unless the conflict is
					 eliminated or a waiver is obtained pursuant to Title 17, Sections
					 54522 through
					 54525;
(5) Consumers, to provide services for, or
					 to, themselves except to:
(A) Provide
					 transportation services to themselves as specified in Section
					 54355(g)(5);
					 and
(B) Serve as their own
					 Supported Living Service vendors as specified in Title 17, Section
					 58616.
(6) Except as specified in Section
					 54318 of these regulations, any
					 applicant located outside the state.
(7) Any applicant that has been determined to
					 be an excluded individual or entity as defined in Section
					 54302(b)(1).
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 2 - Vendorization › Article 2 - Vendorization Process › Section 54316 - Generic Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
					 service operated by a generic agency shall be:
(1) Ineligible for vendorization if the
					 generic agency is statutorily mandated to provide the services to the general
					 public and/or to consumers, except as specified in (a)(2) below;
(2) Eligible for vendorization and subject to
					 the vendorization process specified in Section
					 54310(d) and (e)
					 of these regulations, if the generic agency:
(A) Provides services to the general public;
					 and
(B) Charges a fee; however, the
					 amount charged for consumers is the same as the amount charged to the general
					 public for the same type of service.
(3) Eligible for vendorization and subject to
					 the entire vendorization process specified in Section
					 54310(a) of these
					 regulations, if the generic agency:
(A)
					 Operates a service which is not mandated to provide to the general
					 public;
(B) Has designed the
					 service specifically for consumers; and
(C) Charges the regional center for the
					 services received.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 2 - Vendorization › Article 2 - Vendorization Process › Section 54318 - Vendorization of Out-of-State Applicants and Manufacturers or Distributors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A regional
					 center may approve for vendorization an applicant not located and licensed,
					 certified, or registered in California if the applicant meets all of the
					 following requirements:
(1) Meets the
					 requirements in California for the specific type of service, or meets the
					 requirements for the specific service as specified by the appropriate
					 controlling agency in the jurisdiction in which the applicant is
					 located;
(2) Meets either of the
					 following two criteria:
(A) Is located in a
					 state bordering California and has an office or facility located within 50
					 miles of the California border: or
(B) Receives prior approval by the Director
					 of the Department of the Director's designee pursuant to the Welfare and
					 Institutions Code, Sections
					 4519(a)
					 through (c).
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 2 - Vendorization › Article 2 - Vendorization Process › Section 54319 - Group Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Services which shall apply to both individuals and group practices include:
(1) Adaptive Skills Trainer -- Service Code
					 605;
(2) Art Therapist -- Service
					 Code 691;
(3) Associate Behavior
					 Analyst -- Service Code 613;
(4)
					 Attorney -- Service Code 610;
(5)
					 Behavior Analyst -- Service Code 612;
(6) Behavior Management Consultant -- Service
					 Code 620;
(7) Counseling Services
					 -- Service Code 625;
(8) Dance
					 Therapist -- Service Code 692;
(9)
					 Developmental Specialist -- Service Code 670;
(10) Educational Psychologist -- Service Code
					 672;
(11) Music Therapist --
					 Service Code 693;
(12) Recreational
					 Therapist -- Service Code 694;
(13)
					 Speech Pathology -- Service Code 707;
(14) Teacher -- Service Code 674;
(15) Teacher of Special Education -- Service
					 Code 678;
(16) Tutor -- Service
					 Code 680;
(17) Dentistry -- Service
					 Code 715;
(18) Dietary Services
					 (Dietitian only) -- Service Code 720;
(19) Laboratory and Radiologic Services --
					 Service Code 735;
(20) Occupational
					 Therapy -- Service Code 773;
(21)
					 Orthoptic Services -- Service Code 745;
(22) Orthotic and Prosthetic Services --
					 Service Code 750;
(23) Other
					 Medical Equipment or Supplies -- Service Code 750;
(24) Other Medical Services -- Service Code
					 760;
(25) Pharmaceutical Services
					 -- Service Code 765;
(26) Physical
					 Therapy -- Service Code 772;
(27)
					 Physicians or Surgeons -- Service Code 775;
(28) Psychiatrist -- Service Code
					 780;
(29) Clinical Psychologist --
					 Service Code 785; and
(30) Genetic
					 Counselor -- Service Code 800.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 2 - Vendorization › Article 2 - Vendorization Process › Section 54320 - Regional Center Review of Vendor Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The vendoring regional center shall
					 review the vendor application identified in Section
					 54310(a) and, as
					 applicable, (d) or (e) within 45 days after receipt from the applicant, to
					 ensure all of the following:
(1) The vendor
					 application is complete;
(2) The
					 applicant has complied with provisions of Sections
					 54342 through
					 54355 of these regulations, as
					 applicable;
(3) Any required
					 license, credential, registration, accreditation, certificate or permit:
(A) Is current,
(B) Has been issued for the service to be
					 vendored, and
(C) Has a current
					 address that matches the address on the vendor application.
(4) Staffing ratios and qualifications as
					 specified in Section
					 56724, and
					 56770, if applicable, and Section
					 56756 or
					 56772 of these regulations are
					 consistent with the program design as required in Section
					 56712 and Section
					 56762 of these regulations, if
					 applicable, for applicants seeking vendorization as community-based day
					 programs.
(5) The applicant has
					 signed the Home and Community Based Services Provider Agreement (6/99), if
					 applicable pursuant to Section
					 54310.
(6) That the applicant or person(s) disclosed
					 pursuant to Section
					 54311 has not been determined to
					 be an excluded individual or entity as defined in Section
					 54302(b)(1) and
					 is not under investigation pursuant to the criteria in Section
					 54311(a)(6).
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 2 - Vendorization › Article 2 - Vendorization Process › Section 54322 - Regional Center Approval/Denial of Vendorization

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The vendoring regional center shall
					 approve vendorization within 45 days of receipt of all information which
					 specifies that the applicant is in compliance with Section
					 54320(a).
(b) The vendoring regional center shall
					 select criteria to apply in vendoring family home agencies (FHAs), including
					 but not limited to, the following:
(1) The
					 FHA's potential for providing cost-effective quality services and
					 supports;
(2) The degree to which
					 consumer choice regarding the provision of services and supports is identified
					 as a factor in the FHA's program design;
(3) The experience of the FHA or key agency
					 personnel in providing the same or comparable services;
(4) The reasonableness of the FHA's
					 overhead;
(5) The capability of the
					 regional center to monitor and evaluate the FHA; and
(6) The need for service.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 2 - Vendorization › Article 2 - Vendorization Process › Section 54324 - Emergency Vendorization

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The regional center is authorized to
					 approve emergency vendorization for an applicant prior to the receipt of a
					 completed vendor application if the regional center determines that the health
					 or safety of a consumer is in jeopardy and no current vendor is available to
					 provide the needed service.
(b) If
					 emergency vendorization is approved, the applicant may provide services for no
					 more than 45 days.
(c) The
					 applicant shall meet all applicable requirements pursuant to Section
					 54320(b)(2) through
					 (5) of these regulations.
(d) The applicant shall submit a completed
					 vendor application pursuant to Section
					 54310(a), (d) or
					 (e) of these regulations within 30 days of
					 the authorization by the vendoring regional center to provide the
					 service.
(e) Within 15 days after
					 receipt of the vendor application, the regional center shall:
(1) Review the vendor application as required
					 in Section
					 54320(a) of these
					 regulations; and
(2) Notify the
					 vendor of vendorization approval pursuant to Section
					 54322(d) of these
					 regulations; or
(3) Notify the
					 applicant of vendorization denial pursuant to Section
					 54322(f) of these
					 regulations.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 2 - Vendorization › Article 2 - Vendorization Process › Section 54327 - Requirements for Special Incident Reporting by Vendors and Long-Term Health Care Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Parent vendors, and consumers vendored to provide services to themselves, are
					 exempt from the special incident reporting requirements set forth in this
					 Article.
(b) All vendors and
					 long-term health care facilities shall report to the regional center:
(1) The following special incidents if they
					 occurred during the time the consumer was receiving services and supports from
					 any vendor or long-term health care facility:
(A) The consumer is missing and the vendor or
					 long-term health care facility has filed a missing persons report with a law
					 enforcement agency;
(B) Reasonably
					 suspected abuse/exploitation including:
1.
					 Physical;
2. Sexual;
3. Fiduciary;
4. Emotional/mental; or
5. Physical and/or chemical
					 restraint.
(C) Reasonably
					 suspected neglect including failure to:
1.
					 Provide medical care for physical and mental health needs;
2. Prevent malnutrition or
					 dehydration;
3. Protect from health
					 and safety hazards;
4. Assist in
					 personal hygiene or the provision of food, clothing or shelter or
5. Exercise the degree of care that a
					 reasonable person would exercise in the position of having the care and custody
					 of an elder or a dependent adult.
(D) A serious injury/accident including:
1. Lacerations requiring sutures or
					 staples;
2. Puncture wounds
					 requiring medical treatment beyond first aid;
3. Fractures;
4. Dislocations;
5. Bites that break the skin and require
					 medical treatment beyond first aid;
6. Internal bleeding requiring medical
					 treatment beyond first aid;
7. Any
					 medication errors;
8. Medication
					 reactions that require medical treatment beyond first aid; or
9. Burns that require medical treatment
					 beyond first aid.
(E) Any
					 unplanned or unscheduled hospitalization due to the following conditions:
1. Respiratory illness, including but not
					 limited, to asthma; tuberculosis; and chronic obstructive pulmonary
					 disease;
2.
					 Seizure-related;
3.
					 Cardiac-related, including but not limited to, congestive heart failure;
					 hypertension; and angina;
4.
					 Internal infections, including but not limited to, ear, nose and throat;
					 gastrointestinal; kidney; dental; pelvic; or urinary tract;
5. Diabetes, including diabetes-related
					 complications;
6. Wound/skin care,
					 including but not limited to, cellulitis and decubutus;
7. Nutritional deficiencies, including but
					 not limited to, anemia and dehydration; or
8. Involuntary psychiatric
					 admission;
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 2 - Vendorization › Article 2 - Vendorization Process › Section 54327.1 - Requirements for Special Incident Reporting by Regional Centers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The regional
					 center shall submit an initial report to the Department of any special
					 incident, as defined in Section
					 54327(b), within
					 two working days following receipt of the report pursuant to Section
					 54327(b).
(b) When a regional center has knowledge of a
					 special incident for which the vendor or long-term health care facility is
					 responsible for reporting but has not submitted a report to the regional center
					 within the required time period, the regional center shall submit an initial
					 report to the Department within two working days of learning of the
					 occurrence.
(c) The initial report
					 shall include the following information, to the extent the information is
					 available at the time of the initial report:
(1) The consumer(s) name and date of
					 birth;
(2) The vendor or long-term
					 health care facility's name, address and telephone number;
(3) The name and telephone number of the
					 regional center contact person regarding the special incident;
(4) The consumer(s) Unique Consumer
					 Identifier (UCI);
(5) Name of the
					 consumer's conservator or guardian, if applicable;
(6) Date, time and location of the
					 incident;
(7) Date the incident was
					 reported to the regional center;
(8) Name of the person preparing the
					 report;
(9) Date the report was
					 prepared;
(10) Type of
					 incident;
(11) Any medical care or
					 treatment required as a result of the special incident;
(12) Relationship of the alleged perpetrator
					 to the consumer;
(13)
					 Identification of any persons or entities notified about the incident and the
					 date they were notified;
(14) A
					 description of the special incident;
(15) If the special incident was a death,
					 indication if the death was disease related; non-disease related; or,
					 unknown;
(16) A description of any
					 actions/outcomes taken by any of the following persons or entities in response
					 to the special incident:
(A) Regional
					 center(s);
(B) Vendor(s);
(C) Department of Health Services
					 Licensing;
(D) Department of Social
					 Services Community Care Licensing;
(E) Child Protective Services;
(F) Adult Protective Services;
(G) Long Term Care Ombudsman;
(H) Law enforcement; and/or
(I) Coroner.
(17) Any additional information that the
					 regional center determines is necessary to explain or describe the special
					 incident.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 2 - Vendorization › Article 2 - Vendorization Process › Section 54327.2 - Regional Center Risk Management, Assessment and Planning Committee and Risk Management and Mitigation Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each regional center shall establish a
					 Risk Management, Assessment and Planning Committee that, at a minimum, includes
					 a representative from the regional center's clinical, quality assurance and
					 training staff.
(b) The Risk
					 Management, Assessment and Planning Committee shall develop the regional
					 center's Risk Management and Mitigation Plan which shall address, at a minimum:
(1) The process and procedures for ensuring
					 accurate and timely handling and reporting of special incidents by regional
					 center staff, vendors, and long-term health care facilities;
(2) The provision of training and technical
					 assistance to regional center staff, vendors and long-term health care facility
					 staff and others on the legal obligations of abuse reporting, special incident
					 reporting, risk assessment, developing and implementing an incident prevention
					 plan and proactive accident/safety planning through the individualized program
					 planning process;
(3) Coordination
					 and communication with local licensing, protective service and law enforcement
					 agencies relative to investigative actions and findings;
(4) A process for reviewing individual and
					 aggregate special incident report data to identify trends and unusual patterns
					 which may require regional center action, and;
(5) A process for reviewing medical records
					 and coroner reports, as appropriate, associated with special incidents to
					 ensure that appropriate medical attention was sought and/or
					 given.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 2 - Vendorization › Article 2 - Vendorization Process › Section 54330 - Changes in Vendor Ownership, Location, or Program/Service Design

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The vendor
					 shall notify the vendoring regional center 30 days prior to any change in any
					 of the following:
(1) Ownership. A new vendor
					 application shall be completed by the new owners and be approved by the
					 vendoring regional center prior to provision of services to consumers. If
					 necessary, a new license shall be obtained prior to approval of the vendor
					 application and the provision of services to consumers;
(2) Location. If a license is applicable, the
					 new location shall be licensed prior to the provision of services to regional
					 center consumers; and
(3) The
					 vendor's required license, certificate, registration, credential or
					 permit.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 2 - Vendorization › Article 2 - Vendorization Process › Section 54332 - Regional Center Files

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 vendoring regional center shall maintain a file for each vendor which includes
					 copies of:
(1) The vendor application as
					 described in Section
					 54310(a) of these
					 regulations;
(2) Any required
					 certificate, credential, license, degree, permit or registration;
(3) Statement of current vendor
					 status;
(4) The regional center
					 approval letter;
(5) The program
					 design or service design as described in Sections
					 56712,
					 56762 and
					 56780 of these regulations, if
					 applicable;
(6) The staff
					 qualifications and duty statements as described in Sections
					 56722,
					 56724,
					 56752,
					 56754,
					 56770,
					 56790 and
					 56792 of these regulations, if
					 applicable;
(7) Notification of
					 established rate and all documentation submitted pursuant to Sections
					 57422,
					 57433 through
					 57439,
					 58020, and
					 58033 through
					 58039 of these regulations, for a
					 rate determination, if applicable;
(8) The signed Home and Community Based
					 Services Provider Agreement, (6/99) if applicable.
(9) Agreements negotiated pursuant to Section
					 57300(d) or (e),
					 if applicable;
(10) Service
					 contracts negotiated pursuant to Section
					 57540, if applicable;
(11) Agreements negotiated pursuant to
					 Section 58140, if
					 applicable.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 2 - Vendorization › Article 2 - Vendorization Process › Section 54334 - Statewide Vendor Panel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 statewide vendor panel shall include the following information for all vendors:
(1) Vendor's name and telephone
					 number;
(2) Vendor's Social
					 Security Number or Federal tax ID number;
(3) Vendor's mailing address, including the
					 county;
(4) Location of vendor's
					 facility;
(5) The vendor
					 identification number, service code, and subcode;
(6) The vendor's area of specialty, if
					 any;
(7) A description of the
					 service provided;
(8) Licensed
					 capacity, if applicable;
(9) The
					 effective date of vendorization;
(10) The vendoring and all user regional
					 centers; and
(11) The name of the
					 management organization, if any.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 2 - Vendorization › Article 3 - Vendor Numbers and Service Codes › Section 54340 - Vendor Identification Numbers, Service Codes, and Subcodes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department
					 shall issue a block of numbers to each regional center to use in assigning
					 vendor identification numbers. The vendoring regional center shall assign a
					 vendor identification number to each vendor in accordance with this section.
					 The vendor identification number shall be used by all regional centers
					 purchasing the vendored service from that specific vendor. Vendors shall be
					 assigned vendor identification numbers as follows:
(1) Vendor identification numbers beginning
					 with the letter "H" shall be assigned to adult day programs, mobility training
					 services agencies, acute care hospitals, day treatment centers, infant
					 development programs, camping services vendors, day care vendors, home health
					 agencies, homemaker services, in-home respite services agencies, out-of-home
					 respite services vendors, supported employment programs -- group, supported
					 employment programs -- individual, work activity programs, transportation
					 companies, transportation/additional component vendors, residential facilities,
					 intermediate care facilities and nursing facilities:
(A) A separate vendor identification number
					 shall be assigned for each location at which the vendor provides the service,
					 with the exception of in-home respite services agency vendors which have
					 received a waiver pursuant to Section
					 54342(a)(37) of
					 these regulations;
(B) If a single
					 vendor has more than one service of the same type at the same location, the
					 regional center shall assign each service a separate vendor identification
					 number; and
(C) Location, pursuant
					 to paragraphs (a)(1)(A) and (B) above, shall be the business address for those
					 vendors who offer services solely in the community and have no specific
					 facility or building site.