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California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 15 - Schedule of Payment Rates for in-Home Respite Services Agency Vendors › Article 5 - Schedule of Payment Rates for Fiscal Year 1997-98 and Each Alternate Fiscal Year Thereafter › Section 58254 - 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
					 58120 through
					 58122, using the service
					 information specified in section
					 58033 submitted by each new vendor
					 by the date specified in Section
					 58032(a)(3). The
					 temporary payment rate shall be based upon the service, cost and vendor income
					 information submitted by vendors receiving permanent payment rates-pursuant to
					 section 58250(a).
(b) The temporary payment rate shall be
					 effective on the date specified in Section
					 58244(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
					 58244(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						language will be repealed by operation of law on the following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: Section
						  4690.2,
						  Welfare and Institutions Code. Reference: Sections
						  4690.2,
						  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 15 - Schedule of Payment Rates for in-Home Respite Services Agency Vendors › Article 6 - Timelines for Rate Establishment and Written Notification › Section 58260 - 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: Section
						  4690.2,
						  Welfare and Institutions Code. Reference: Sections
						  4690.2,
						  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 15 - Schedule of Payment Rates for in-Home Respite Services Agency Vendors › Article 6 - Timelines for Rate Establishment and Written Notification › Section 58262 - 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: Section
						  4690.2,
						  Welfare and Institutions Code. Reference: Sections
						  4690.2,
						  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 15 - Schedule of Payment Rates for in-Home Respite Services Agency Vendors › Article 6 - Timelines for Rate Establishment and Written Notification › Section 58264 - 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
					 58020, and
					 58033 through
					 58039, and by September 1, of each
					 year, establish or reestablish a 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 used to determine the
					 permanent payment rate;
(4) Any
					 Budget Act adjustments;
(5) The
					 next required reporting period, and submission date pursuant to Section
					 58031(a)(2) and
					 58032(a)(2) for
					 the service, cost, vendor income, and as applicable, regional center payment
					 information;
(6) That payment of
					 the permanent payment rate shall be suspended pursuant to section
					 58032(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
					 58440 through
					 58448.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 15 - Schedule of Payment Rates for in-Home Respite Services Agency Vendors › Article 6 - Timelines for Rate Establishment and Written Notification › Section 58266 - 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 the service information, that complies with section
					 58033, 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 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
					 58031(a)(1) and
					 58032(a)(1) for
					 the service, cost and vendor income information;
(6) That payment of the temporary payment
					 rate shall be suspended pursuant to Section
					 58032(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
					 58440 through
					 58448.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 16 - Reporting Requirements for in-Home Respite Services Agency Vendors › Article 1 - Annual Report to the Legislature › Section 58310 - 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
					 the vendors who are:
(A) Not eligible for a
					 gap adjustment pursuant to section
					 58114(a)(2)(B);
					 or
(B) Eligible only for a partial
					 gap adjustment pursuant to section
					 58114(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 16 - Reporting Requirements for in-Home Respite Services Agency Vendors › Article 1 - Annual Report to the Legislature › Section 58312 - 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: Section
						  4690.2,
						  Welfare and Institutions Code. Reference: Sections
						  4690.2,
						  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 16 - Reporting Requirements for in-Home Respite Services Agency Vendors › Article 2 - Calculation of the Statewide Fiscal Impact of the Gap › Section 58320 - 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
					 58111, is below the upper limit of
					 the allowable range of rates computed in section
					 58113, the Department shall:
(1) For each vendor, calculate the difference
					 between step two, section
					 58111 and step five, section
					 58114(a)(1);
(2) Multiply the amount computed in (1) for
					 each vendor by each vendor's actual direct consumer service hours identified in
					 section 58033(b);
					 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 16 - Reporting Requirements for in-Home Respite Services Agency Vendors › Article 2 - Calculation of the Statewide Fiscal Impact of the Gap › Section 58322 - 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: Section
						  4690.2,
						  Welfare and Institutions Code. Reference: Sections
						  4690.2,
						  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 17 - Rate Adjustments, Audit Adjustments and Rate Appeals for in-Home Respite Services Agency Vendors › Article 1 - 1. General Provisions › Section 58410 - 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
					 58420(b) and (c);
					 and/or
(2) An audit adjustment
					 pursuant to section
					 58430(a)(1)(A);
					 and/or
(3) A rate appeal pursuant
					 to sections
					 58440 through
					 58448.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 17 - Rate Adjustments, Audit Adjustments and Rate Appeals for in-Home Respite Services Agency Vendors › Article 2 - Rate Adjustments › Section 58420 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Once a payment rate for each in-home respite services agency vendor has been
					 established by the Department, adjustments to that rate shall be considered by
					 the Department, for either anticipated or unanticipated changes, in accordance
					 with (b) and (c).
(b) Anticipated
					 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 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 changes shall be
					 limited to the following:
(1) Relocation of
					 the vendor's office due to expiration of the vendor's office lease or tenancy
					 arrangement; and/or
(2) A loss or
					 gain of any vendor income used to compute the vendor's rate;
(3) An increase or decrease in the units of
					 service purchased by regional centers, where such change equals 25% or more
					 annually from the units of service used in the cost statement upon which their
					 rate was based.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 17 - Rate Adjustments, Audit Adjustments and Rate Appeals for in-Home Respite Services Agency Vendors › Article 2 - Rate Adjustments › Section 58422 - Submission Requirements for Rate Adjustments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any in-home respite services agency
					 vendor requesting a rate adjustment due to anticipated or unanticipated program
					 changes pursuant to the requirements of section
					 58420 shall submit the following
					 information in writing to the Department with a copy to the vendoring regional
					 center:
(1) Vendor service information
					 specified in section
					 58033(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) Service,
					 cost and vendor income information for only those items relating to 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 17 - Rate Adjustments, Audit Adjustments and Rate Appeals for in-Home Respite Services Agency Vendors › Article 2 - Rate Adjustments › Section 58424 - 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 complies with the requirements of
					 sections 58420 and
					 58422; and
(2) Notify the Department, in writing, with a
					 copy to the vendor, of the regional center's recommendation, including
					 supporting rationale for their recommendation. The 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 17 - Rate Adjustments, Audit Adjustments and Rate Appeals for in-Home Respite Services Agency Vendors › Article 3 - Audit Adjustments › Section 58430 - 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 service,
					 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 service
					 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 17 - Rate Adjustments, Audit Adjustments and Rate Appeals for in-Home Respite Services Agency Vendors › Article 4 - Rate Appeals › Section 58440 - 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 service 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
					 58420 through
					 58424, 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 17 - Rate Adjustments, Audit Adjustments and Rate Appeals for in-Home Respite Services Agency Vendors › Article 4 - Rate Appeals › Section 58441 - Contents of Appeal and Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The appeal filed pursuant to section
					 58440 shall be in writing and
					 shall include the following:
(1) Vendor
					 service information specified in section
					 58033(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 17 - Rate Adjustments, Audit Adjustments and Rate Appeals for in-Home Respite Services Agency Vendors › Article 4 - Rate Appeals › Section 58442 - 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
					 58441(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 17 - Rate Adjustments, Audit Adjustments and Rate Appeals for in-Home Respite Services Agency Vendors › Article 4 - Rate Appeals › Section 58444 - 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 58441 and
						58442 shall be stated in the
						decision. The effective date shall be the date the Department received the
						appeal pursuant to Section
						58440 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
						  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 17 - Rate Adjustments, Audit Adjustments and Rate Appeals for in-Home Respite Services Agency Vendors › Article 4 - Rate Appeals › Section 58446 - Good Cause

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
					 the purposes of sections
					 58440 through
					 58444, 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 17 - Rate Adjustments, Audit Adjustments and Rate Appeals for in-Home Respite Services Agency Vendors › Article 4 - Rate Appeals › Section 58448 - Review of Documents Only

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An appeal made pursuant to sections
						58440 through
						58446 shall be decided only on the
						documents submitted. There shall be no oral testimony or
						argument.
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 DS 1897B 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. Editorial correction of form (Register 96, No.
						13).
7. 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
						  4690.2,
						  Welfare and Institutions Code. Reference: Sections
						  4690.2,
						  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 18 - Transportation Service › Article 1 - Definitions › Section 58500 - 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. Words used in the singular form include
						the plural form. Use of the word "shall" denotes mandatory conduct and "may"
						denotes permissive conduct.
1. New
						section filed 9-26-91; operative 9-26-91 pursuant to Government Code section
						11346.2(d)
						(Register 92, No. 10).
Note: Authority cited: Sections
						  4405
						  and
						  4631,
						  Welfare and Institutions Code; and Section
						  11152,
						  Government Code. Reference: Sections
						  4690
						  and
						  4690.1,
						  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 18 - Transportation Service › Article 1 - Definitions › Section 58501 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following
					 definitions shall apply to the regulations contained in this subchapter:
(1) "Basis for Payment" means the method used
					 to calculate and determine the rate of payment;
(2) "Bid" means all the documents submitted
					 by the bidder to the regional center in response to a Request for Proposal
					 (RFP);
(3) "Bidder" means an
					 individual or entity who submits a bid to the regional center in response to an
					 RFP;
(4) "Bidders' Conference"
					 means a meeting held by the regional center after an RFP is issued to respond
					 to questions from potential bidders;
(5) "Bid Form" means that part of the bid
					 which contains the bid price and all supporting cost information;
(6) "Cost Effective" means obtaining the
					 optimum results for the expenditure;
(7) "Rate of Payment" means the price charged
					 to a regional center by a vendor for each unit of service;
(8) "Route Miles" means the number of miles
					 driven, while consumers are in the vehicle, during the provision of
					 transportation service;
(9)
					 "Submit" means the postmarking or hand delivery of the item required;
(10) "Transportation Aide" means a person who
					 assists and monitors regional center consumers while the consumers are
					 receiving transportation service;
(11) "Transportation Service" means the
					 conveyance of a consumer including boarding and exiting the
					 vehicle.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 18 - Transportation Service › Article 1 - Definitions › Section 58502 - Terms Defined in Other Subchapters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As used in this subchapter, the following
					 words and phrases have the meanings specified in Subchapter 2, Section
					 54302.
(1) Authorized Consumer
					 Representative
(2) Community-based
					 Day Programs
(3) Consumer
(4) Department
(5) Individual Program Plan (IPP)
(6) Interdisciplinary (ID) Team
(7) Management Organization
(8) Regional Center
(9) Service Code
(10) Special Incident Report
(11) Subcode
(12) Unit of Service
(13) Vendor
(14) Vendor Identification Number
(15) 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 18 - Transportation Service › Article 2 - General Provisions › Section 58510 - General Requirements Applicable to Regional Centers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The regional center shall purchase
					 transportation service only when:
(1) The
					 transportation service is included in the consumer's IPP;
(2) The vendor has a rate approved by the
					 Department or the regional center;
(3) Provision of the transportation service
					 is not the responsibility of any public agency which receives public funds for
					 providing the transportation service;
(4) Provision of the transportation service
					 is not part of the consumer's community-based day program;
					 and
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 18 - Transportation Service › Article 2 - General Provisions › Section 58511 - Release of Consumer Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The regional center shall provide, in
					 writing, the consumer information specified in Section
					 58521(b)(1) through
					 (3) to the following transportation vendors:
(1) Transportation Companies--Service Code
					 875, pursuant to Title 17, California Code of Regulations, Section
					 54342(a)(82);
(2) Transportation--Additional
					 Component--Service Code 880, pursuant to Title 17, California Code of
					 Regulations, Section
					 54342(a)(78).
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 18 - Transportation Service › Article 2 - General Provisions › Section 58512 - Record Retention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The regional center shall retain, for three years after the termination of each
					 contract for transportation service, a copy of the following documentation, as
					 applicable:
(1) The executed contract, if a
					 written contract is required;
(2)
					 The RFP;
(3) Each opened
					 bid;
(4) Documentation indicating
					 the:
(A) Number of bids received;
(B) Number of bids that meet the format and
					 bid submission requirements specified in the RFP;
(C) Number of bids that meet the criteria
					 specified in Section
					 58533(a)(4) and
					 (5);
(D) Names of bidders, and vendor
					 identification number, if any;
(5) Each completed evaluation form and
					 supporting documentation used during the bid evaluation process;
(6) Name and vendor identification number of
					 selected bidder;
(7) Selected
					 bidder's rate of payment and basis for payment;
(8) A copy of any protest received, all
					 documents relating to it, and the resolution of the protest;
(9) The evaluation committee's explanation
					 and supporting documentation for the award of the contract;
(10) For negotiated rate contracts and
					 contracts in which the rate of payment is based on a cost statement:
(A) A written explanation for the selection
					 of the vendor; and
(B) A written
					 analysis showing that transportation service will be provided in a
					 cost-effective manner;
(11) The vendor's insurance policy pursuant
					 to Title 17, California Code of Regulations, Section
					 54342(a)(78)(C) and
					 (82)(A);
(12) A copy of any contract
					 amendments;
(13) A written
					 explanation of the necessity to amend the contract;
(14) Documentation indicating that the needs
					 of the consumers will appropriately be met;
(15) Documentation showing that the
					 transportation service will be provided in a cost-effective manner;
					 and
(16) The Form DS2 (7/91),
					 entitled Transportation Cost Statement.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 18 - Transportation Service › Article 2 - General Provisions › Section 58513 - General Requirements Applicable to Transportation Service Vendors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The vendor
					 shall comply with Title 17, California Code of Regulations, Sections
					 54310 through
					 54390, prior to the regional
					 center purchase of transportation service from the vendor.
(b) The vendor shall not charge regional
					 centers more for providing transportation service to consumers than the vendor
					 charges any other person for the same service.
1. New
						section filed 9-26-91; operative 9-26-91 pursuant to Government Code section
						11346.2(d)
						(Register 92, No. 10).
2. Change without regulatory effect amending
						subsection (b) filed 1-17-97 pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 3).
Note: Authority cited: Sections
						  4405,
						  4631,
						  4648,
						  4690
						  and
						  4690.1,
						  Welfare and Institutions Code; and Section
						  11152,
						  Government Code. Reference: Sections
						  4631,
						  4690 and
						  4690.1 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 18 - Transportation Service › Article 3 - Standards for Transportation Service Vendors › Section 58520 - Standards for Drivers and Transportation Aides

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following vendors shall meet the
					 applicable standards in subsectors (b), (c) and (d) below:
(1) Transportation Companies--Service Code
					 875, pursuant to Title 17, California Code of Regulations, Section
					 54342(a)(82);
(2) Transportation--Additional
					 Component--Service Code 880, pursuant to Title 17, California Code of
					 Regulations, Section
					 54342(a)(78).
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 18 - Transportation Service › Article 3 - Standards for Transportation Service Vendors › Section 58521 - Consumer Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The vendor shall maintain, and keep confidential, the consumer information
					 received from the regional center pursuant to Section
					 58511.
(b) The vendor shall release the following
					 consumer information only to the driver and only when necessary to protect the
					 health and/or safety of the consumer, driver, transportation aide or other
					 passengers:
(1) The name, address, and
					 telephone number of the consumer, authorized consumer representative and/or
					 physician;
(2) The consumer's
					 disabilities, medication needs, allergies, and/or other conditions which may
					 affect the vendor's provision of transportation services; and
(3) Additional consumer information
					 determined necessary by the 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 18 - Transportation Service › Article 3 - Standards for Transportation Service Vendors › Section 58522 - Refusal to Transport

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 A vendor may refuse to transport a consumer only if the transportation of the
					 consumer poses a threat to the health and/or safety of the consumer, driver,
					 transportation aide or other passengers.
(b) The vendor shall, within one working day
					 following the refusal to transport the consumer, notify the regional center
					 responsible for the consumer.
(c)
					 The vendor shall, within five working days following the refusal to transport
					 the consumer, submit a written explanation of the refusal to the regional
					 center responsible for the consumer.
1. New
						section filed 9-26-91; operative 9-26-91 pursuant to Government Code section
						11346.2(d)
						(Register 92, No. 10).
2. 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
						  4405,
						  4631
						  and
						  4690,
						  Welfare and Institutions Code; and Section
						  11152,
						  Government Code. Reference: Sections
						  4631
						  and
						  4690,
						  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 18 - Transportation Service › Article 3 - Standards for Transportation Service Vendors › Section 58523 - Vendor Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 following vendors shall retain the records specified in (b) below:
(1) Transportation Companies--Service Code
					 875, pursuant to Title 17, California Code of Regulations, Section
					 54342(a)(82);
(2) Transportation--Additional
					 Component--Service Code 880, pursuant to Title 17, California Code of
					 Regulations, Section
					 54342(a)(78).
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 18 - Transportation Service › Article 3 - Standards for Transportation Service Vendors › Section 58524 - Transportation Service Contracts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A contract for transportation service
					 between a regional center and a vendor shall be in writing, except as provided
					 in subsection (b) below, and shall not exceed five years including all
					 amendments.
(b) The following shall
					 not require written contracts:
(1) Temporary
					 transportation service purchased pursuant to Section
					 58541; or
(2) Transportation service purchased using
					 standardized rates pursuant to Section
					 58542.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 18 - Transportation Service › Article 3 - Standards for Transportation Service Vendors › Section 58525 - Transportation Service Contract Amendments. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-26-91; operative 9-26-91 pursuant to Government Code section
						11346.2(d)
						(Register 92, No. 10).
2. Change without regulatory effect amending
						subsection (c)(1) filed 1-17-97 pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 3).
3. Repealer filed 4-25-2000;
						operative 5-25-2000 (Register 2000, No. 17).
Note: Authority cited: Sections
						  4405,
						  4631,
						  4648
						  and
						  4690.1,
						  Welfare and Institutions Code; and Section
						  11152,
						  Government Code. Reference: Sections
						  4631,
						  4646,
						  4648
						  and
						  4690.1,
						  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 18 - Transportation Service › Article 4 - Competitive Procurement › Section 58530 - Eligibility Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Entities that are vendored, or meet the requirements for the following types of
					 vendors, shall be eligible to submit a bid through the competitive procurement
					 process:
(1) Transportation
					 Companies--Service Code 875, pursuant to Title 17, California Code of
					 Regulations, Section
					 54342(a)(82);
(2) Transportation--Additional
					 Component--Service Code 880, pursuant to Title 17, California Code of
					 Regulations, Section
					 54342(a)(78).
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 18 - Transportation Service › Article 4 - Competitive Procurement › Section 58531 - Regional Center Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 For each competitive procurement, the regional center shall:
(1) Develop and utilize an RFP pursuant to
					 Section 58533;
(2) Develop a bid form with instructions that
					 shall include a requirements that the form be submitted in a sealed envelope,
					 separate from the remainder of the bid;
(3) Establish an RFP evaluation committee
					 which shall be composed of at least five members, the majority of whom shall
					 have experience in evaluating, procuring, or providing transportation service;
					 and
(4) Develop a written protest
					 procedure which allows unsuccessful bidders to protest the notice of intent to
					 award the contract. This procedure shall specify the:
(A) Format and content of the
					 protest;
(B) Grounds for the
					 protest;
(C) Process and time frame
					 for submission and resolution of the protest; and
(D) Process and time frame for awarding the
					 contract once the protest has been resolved, as specified in Section
					 58534(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 18 - Transportation Service › Article 4 - Competitive Procurement › Section 58532 - Public Notice of RFP

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 regional center shall give public notice of its intent to issue an RFP. The
					 notice shall be published in a newspaper of general circulation in the area for
					 which service is to be provided at least ten, but not more than 90, days before
					 the RFP is issued.
(b) The regional
					 center shall give notice to the following of its intent to issue an RFP by mail
					 within ten days after publication of the notice specified in subsection (a)
					 above:
(1) Providers of transportation service
					 known by the regional center to be operating in the area for which service is
					 to be provided; and
(2) Other
					 individuals or entities that have requested the
					 notification.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 18 - Transportation Service › Article 4 - Competitive Procurement › Section 58533 - Contents of RFP

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
					 RFP shall include:
(1) Background information
					 including a description of the following:
(A)
					 Services provided by the regional center; and
(B) Consumers to be
					 served.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 18 - Transportation Service › Article 4 - Competitive Procurement › Section 58534 - Contract Award Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 regional center's RFP evaluation committee shall complete the following in the
					 sequence indicated:
(1) Review all bids to
					 determine which bids, if any, meet the format and bid submission requirements
					 specified in the RFP;
(2) Review
					 each bid which meets the format and bid submission requirements specified in
					 the RFP to determine which bidders meet the criteria specified in Section
					 58533(a)(4) and
					 (5);
(3) Open the sealed envelope containing the
					 bid form for each bid that meets the criteria specified in Section
					 58533(a)(4) and
					 (5) at the time and place stated in the RFP,
					 and read them publicly. Opened bid forms shall be made available for public
					 review;
(4) Evaluate, in writing,
					 each opened bid form pursuant to the process for selection of the successful
					 bidder specified in Section
					 58533(a)(7)(B);
					 and
(5) Select the bidder who is
					 the successful bidder based upon the specific criteria announced by the
					 regional center in the RFP pursuant to Section
					 58533(a)(7)(B)(1) and
					 (2).
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 18 - Transportation Service › Article 4 - Competitive Procurement › Section 58535 - Reporting Requirements for Competitive Process. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-26-91; operative 9-26-91 pursuant to Government Code section
						11346.2(d)
						(Register 92, No. 10).
2. Repealer filed 4-25-2000; operative
						5-25-2000 (Register 2000, No. 17).
Note: Authority cited: Sections
						  4405,
						  4631
						  and
						  4690.1,
						  Welfare and Institutions Code; and Section
						  11152,
						  Government Code. Reference: Sections
						  4631
						  and
						  4690.1,
						  Welfare and Institutions Code.