California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 6 - Ratesetting Procedures for Residential Services › Article 7 - Verification of Use of Rate Increase Funds › Section 56936 - Criteria for Approving Rate Increase Funds Use for Other Purposes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee who
					 receives rate increase funds authorized by Welfare and Institutions Code
					 Section
					 4681.4(b)
					 may apply to the Department for approval to use the rate increase funds for
					 purposes other than those specified in Section
					 56932(a)(1) through
					 (3) when the licensee can document that,
					 effective December 31, 1999, all direct care staff with a minimum of six (6)
					 months of experience were receiving compensation at least equivalent to
					 two-hundred and ten percent (210%) of California's minimum wage which was in
					 effect on December 31, 1998 ($12.08 per hour).
(b) When the licensee has complied with
					 subsection (a), compensation of direct care staff with a minimum of six (6)
					 months of experience shall be maintained at an amount equivalent to an hourly
					 rate of no less than two-hundred and ten percent (210%) of California's minimum
					 wage which was in effect on December 31, 1998 ($12.08 per hour).
(c) The use of rate increase funds for
					 purposes other than those specified in Section
					 56932(a)(1) through
					 (3) shall be limited to expenditures which
					 improve the quality of care provided to a consumer(s).
1. New
						section filed 12-31-98 as an emergency; operative 12-31-98 (Register 99, No.
						1). A Certificate of Compliance must be transmitted to OAL by 4-30-99 or
						emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 5-11-99 as an emergency; operative
						5-11-99 (Register 99, No. 20). A Certificate of Compliance must be transmitted
						to OAL by 9-8-99 or emergency language will be repealed by operation of law on
						the following day.
3. New section refiled 9-9-99 as an emergency;
						operative 9-9-99 (Register 99, No. 37). A Certificate of Compliance must be
						transmitted to OAL by 1-7-2000 or emergency language will be repealed by
						operation of law on the following day.
4. Repealed by operation of
						Government Code section
						11346.1(g)
						(Register 2000, No. 2).
5. New section filed 1-14-2000 as an
						emergency; operative 1-14-2000 (Register 2000, No. 2). A Certificate of
						Compliance must be transmitted to OAL by 5-15-2000 or emergency language will
						be repealed by operation of law on the following day.
6. Repealer
						and new section filed 3-13-2000 as an emergency; operative 3-13-2000 (Register
						2000, No. 11). A Certificate of Compliance must be transmitted to OAL by
						7-11-2000 or emergency language will be repealed by operation of law on the
						following day.
7. Reinstatement of section as it existed prior to
						3-13-2000 emergency amendment by operation of Government Code section
						11346.1(f)
						(Register 2000, No. 30).
8. Repealer and new section filed 7-26-2000
						as an emergency; operative 7-26-2000 (Register 2000, No. 30). A Certificate of
						Compliance must be transmitted to OAL by 11-27-2000 or emergency language will
						be repealed by operation of law on the following day.
9. Repealer
						and new section refiled 11-27-2000 as an emergency; operative 11-27-2000
						(Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL
						by 3-27-2001 or emergency language will be repealed by operation of law on the
						following day.
10. Certificate of Compliance as to 7-26-2000 order
						transmitted to OAL 3-22-2001 and filed 5-2-2001 (Register 2001, No.
						18).
Note: Authority cited: Section
						  4681.4(e),
						  Welfare and Institutions Code. Reference: Section
						  4681.4,
						  Welfare and Institutions Code.