reglab/statecodes huggingface dataset:
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 21 - Habilitation Services Program › Article 7 - Work Activity Program Ratesetting Procedures › Section 58862 - Reporting Period for Submission of Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For Fiscal Year 2006-07, and each
					 alternate fiscal year thereafter, rates are based on the costs for the vendor's
					 fiscal year of two (2) years prior.
(b) To aid in the vendors' preparation and
					 the Department's desk audit and the Department's and/or regional center's field
					 audit of Cost Statements, vendors shall use as a historical period their most
					 recently completed fiscal year as the basis for reporting Cost Statement data.
					 The historical period shall not end later than the last day of March preceding
					 the payment year.
1. New
						section filed 7-22-2004 as an emergency; operative 7-22-2004 (Register 2004,
						No. 30). A Certificate of Compliance must be transmitted to OAL by 11-19-2004
						or emergency language will be repealed by operation of law on the following
						day.
2. Repealed by operation of Government Code section
						11346.1(g)
						(Register 2004, No. 49).
3. New section refiled 11-29-2004 as an
						emergency; operative 11-29-2004 (Register 2004, No. 49). A Certificate of
						Compliance must be transmitted to OAL by 3-29-2005 or emergency language will
						be repealed by operation of law on the following day.
4. New section
						refiled 3-30-2005 as an emergency; operative 3-30-2005 (Register 2005, No. 13).
						A Certificate of Compliance must be transmitted to OAL by 7-28-2005 or
						emergency language will be repealed by operation of law on the following
						day.
5. Certificate of Compliance as to 3-30-2005 order transmitted
						to OAL 6-21-2005 and filed 8-1-2005 (Register 2005, No.
						31).
Note: Authority cited: Section
						  11152,
						  Government Code; and Sections
						  4857.1,
						  4859(a)
						  and
						  4866,
						  Welfare and Institutions Code. Reference: Sections
						  4859
						  and
						  4861(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 21 - Habilitation Services Program › Article 7 - Work Activity Program Ratesetting Procedures › Section 58863 - Required Due Dates for Submission of Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Beginning September 30, 2005, the Cost
					 Statement data and year-end financial statements, audited or un-audited, and
					 any reconciliation shall be submitted to the Department and a copy to the
					 vendoring regional center three months after the end of the vendors' fiscal
					 year but no later than May 31, 2006 and no later than each alternate May 31st
					 thereafter. This establishes the cost statement due date.
(b) An independent audit or review report of
					 the historical period shall be submitted to the Department and a copy to the
					 vendoring regional center within three months of the cost statement due date.
					 Schools, hospitals and public agencies are exempt from this
					 requirement.
(c) The Department may
					 extend deadlines for submission of cost statements and audits or review reports
					 if such extensions may be accommodated by the Department.
(d) The vendor shall request extensions at
					 least two weeks prior to the due date set by the Department.
(e) Failure to submit the cost statement on
					 required forms and audits or review reports, on time, shall result in
					 Departmental action pursuant to California Code of Regulations, Section
					 58861(a).
1. New
						section filed 7-22-2004 as an emergency; operative 7-22-2004 (Register 2004,
						No. 30). A Certificate of Compliance must be transmitted to OAL by 11-19-2004
						or emergency language will be repealed by operation of law on the following
						day.
2. Repealed by operation of Government Code section
						11346.1(g)
						(Register 2004, No. 49).
3. New section refiled 11-29-2004 as an
						emergency; operative 11-29-2004 (Register 2004, No. 49). A Certificate of
						Compliance must be transmitted to OAL by 3-29-2005 or emergency language will
						be repealed by operation of law on the following day.
4. New section
						refiled 3-30-2005 as an emergency; operative 3-30-2005 (Register 2005, No. 13).
						A Certificate of Compliance must be transmitted to OAL by 7-28-2005 or
						emergency language will be repealed by operation of law on the following
						day.
5. Certificate of Compliance as to 3-30-2005 order, including
						amendment of subsections (a)-(b), transmitted to OAL 6-21-2005 and filed
						8-1-2005; amendments operative 8-31-2005 (Register 2005, No.
						31).
Note: Authority cited: Section
						  11152,
						  Government Code; and Section
						  4866,
						  Welfare and Institutions Code. Reference: Sections
						  4859
						  and
						  4861(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 21 - Habilitation Services Program › Article 7 - Work Activity Program Ratesetting Procedures › Section 58864 - Required Cost Statement Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The vendor shall report the following in
					 the form and time period required by the Department utilizing the DS 1950
					 (3/2005), Work Activity Program Cost Statement and instructions incorporated in
					 these regulations by reference, including Tab A (Staff Survey Report), Tab B
					 (Space Utilization Report), Tab C (Revenue Statement), Tab D (Expense
					 Statement), Tab E (Other Expense Statement), Tab F (Revenue and Expense
					 Statement Reconciliation), Tab G (Consumer Survey Report), Tab H (Rate
					 Computation Sheet), Tab I (General Information/Certification), Tab J
					 (Allocation Guidelines), Tab K (Facility Questionnaire), Tab L (Adjustments):
(1) All revenue and expenses
					 biennially;
(2) Actual attendance
					 of all consumers and non-consumer production workers, and productivity rates of
					 all habilitation and vocational rehabilitation consumers biennially;
					 and
(3) Any request for rate
					 adjustment.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 21 - Habilitation Services Program › Article 8 - Ratesetting Methodology for Work Activity Programs › Section 58870 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Work Activity Program rates shall be established, as applicable, according to
					 the following sequence:
(1) Applying, as
					 appropriate, all cost containment policies in accordance with Section
					 58871.
(2) Setting of the historical rate from Cost
					 Statement; Work Activity Program Cost Statement, DS 1950 (3/05), Tab A (Staff
					 Survey Report); Tab B (Space Utilization Report),Tab C (Revenue Statement); Tab
					 D (Expense Statement); Tab E (Other Expense Statement); Tab G (Consumer Survey
					 Report); and Tab H (Rate Computation Sheet);
(3) Computing the base rate.;
(4) As appropriate, reducing the rate in
					 accordance with the maximum daily rate policy specified in Section
					 58873.
(5) Adjusting the rate, as appropriate, in
					 accordance with policies on rate adjustments specified in Section
					 58876.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 21 - Habilitation Services Program › Article 8 - Ratesetting Methodology for Work Activity Programs › Section 58871 - Cost Containment Policies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
					 cost containment policies shall be applied to historical period
					 costs.
(b) Administrative costs of
					 a Work Activity Program shall be determined by the Department to be excessive
					 when, as a percentage of the total gross cost of the Work Activity Program in
					 the historical period, such costs exceed the maximum of 32.12%. The procedure
					 to determine administrative costs is:
(1) To
					 determine the percentage of administrative cost to total gross cost of each
					 Work Activity Program, the Department shall divide the gross administrative
					 cost applicable to the Work Activity Program by the total gross cost of the
					 Work Activity Program.
(2) If a
					 Work Activity Program's administrative cost percentage exceeds the maximum
					 allowable percentage, the Department shall reduce the administrative cost to
					 the maximum level.
(3) The only
					 exception to the above policy is that a service provider's cost of
					 administration of the Work Activity Program shall not be reduced below the
					 minimum cost necessary to support the salaries and overhead for the basic core
					 administrative staff which is defined as the director, clerical, and fiscal
					 support staff.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 21 - Habilitation Services Program › Article 8 - Ratesetting Methodology for Work Activity Programs › Section 58872 - Program Expansion Policy and Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Through its ratesetting procedure, the
					 Department shall allow increased costs incurred in the historical period for
					 program expansion only if such costs for expansion were approved by the
					 Department, in writing, prior to the expenditure. This policy shall apply only
					 to major line items (related to staff, occupancy, and equipment) and shall not
					 apply to any costs incurred by a Work Activity Program prior to the date of the
					 filing of these regulations.
(b)
					 Work Activity Programs shall adhere to the following procedure to submit costs
					 related to program expansion:
(1) A Work
					 Activity Program planning to incur increased costs for program expansion which
					 are likely to exceed the Consumer Price Index (CPI) percent increase as
					 reported in California Abstract for "all items", shall submit a written request
					 for approval of those costs to the Department. The request shall include all
					 applicable information as required for vendorization as a new service
					 provider.
(2) In consultation with
					 the regional center and the Department of Rehabilitation, the Department shall
					 review and evaluate the request.
(3) The Department shall apply criteria as
					 they are relevant to the pertinent policies and procedures relating to: local
					 needs assessment, service capacity, standards, and evaluation of all
					 alternative options to meet the identified need that apply to the vendorization
					 of new service providers.
(4) The
					 Department shall submit a written response to the director of the Work Activity
					 Program within 45 days of the receipt of the request. The response shall
					 specify the rationale applied for approval (in full or in part) or for denial
					 of the request.
(5) If the request
					 is approved, the director of the Work Activity Program shall include a copy of
					 the written letter of approval with the Cost Statement for the historical
					 period in which those costs were incurred.
(6) If the letter of approval does not
					 accompany the Cost Statement, the Department, during the desk audit, shall
					 compare current Cost Statement expense line items to those of the prior year.
					 If increases have occurred above the CPI, the Department shall require the Work
					 Activity Program to provide an explanation of the increased costs. If the
					 increases were due to disapproved program expansion, the costs shall be
					 disallowed in the computation of the rate.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 21 - Habilitation Services Program › Article 8 - Ratesetting Methodology for Work Activity Programs › Section 58873 - Maximum Daily Rate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department shall, biennially, set the maximum daily rate for Work Activity
					 Program services.
(b) The
					 Department shall set three (3) maximums, dependent on the total number of
					 consumers served in the Work Activity Program during the historical
					 period.
(c) The maximums shall be
					 established biennially based on the Cost Statements submitted and received by
					 the Department, in a form permitting such determination, by June 1 preceding
					 the payment year for which they are submitted.
(d) For each vendor submitting a Cost
					 Statement meeting the time constraints stated in (c) above, the Department
					 shall calculate the gross rate.
(e)
					 The Department shall group the above gross rates based on the number of all
					 consumers served in the Work Activity Program during the historical period
					 covered by the Cost Statements. The vendor groupings are as follows:
(1) Small vendors: 0-30 consumers;
(2) Medium vendors: 31-100
					 consumers;
(3) Large vendors: 101
					 or more consumers.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 21 - Habilitation Services Program › Article 8 - Ratesetting Methodology for Work Activity Programs › Section 58875 - Non-Allowable Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 historical period shall not contain costs that are start-up costs, such as
					 security deposits, moving expenses.
(b) The value of private donations or grants
					 for rent, goods, services, assets, or staff shall not be reported either as an
					 indirect expense or a recovery. The value of private donations shall be
					 reported as income, the expense for which the donation was used shall be
					 reported as a direct expense, when applicable, or as an item on the Work
					 Activity Program Cost Statement -- Revenue and Expenses Statement
					 Reconciliation, Form DS 1950 (3/05) Tab F.
(c) The following expenses shall not be
					 allowable for the purposes of establishing a historical rate:
(1) Bad debts of vendors;
(2) Bad debts to vendors;
(3) Donations from vendors to other
					 parties;
(4) Sales discounts to
					 other parties;
(5) Theft of
					 materials, products, or assets;
(6)
					 Federal and State tax penalties and interest;
(7) Breakage and spoilage of materials and
					 products used in production only;
(8) Consumer stipends;
(9) Insurance to protect against ratesetting
					 or funding decisions made by the Department;
(10) Losses from food service
					 programs;
(11) Losses from sales of
					 fixed assets;
(12) Other losses
					 from business transactions or operations;
(13) Legal fees resulting from suits against
					 the department or regional centers;
(14) All expenses related to the following in
					 Work Activity Programs:
(A) Medical,
					 psychological, and/or nursing services;
(B) Physical and/or occupational therapy
					 services;
(C) Diagnostic laboratory
					 or x-ray services;
(D) Dietary
					 services;
(E) Pharmacy
					 services;
(F) Speech pathology
					 services;
(G) Audiological
					 services;
(H) Prosthetics and/or
					 orthotics fitting;
(I) Dentistry
					 services;
(J) Optometric
					 services;
(K) Camps, field trips,
					 recreational or social activities;
(L) Expenses for payment to holding companies
					 for items such as occupancy, equipment, and vehicles that exceed the expense
					 that would have been incurred by the vendor if the holding company did not
					 exist.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 21 - Habilitation Services Program › Article 8 - Ratesetting Methodology for Work Activity Programs › Section 58877 - Rate Adjustment Due to an Increase in Occupancy Cost. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 7-22-2004 as an emergency; operative 7-22-2004 (Register 2004,
						No. 30). A Certificate of Compliance must be transmitted to OAL by 11-19-2004
						or emergency language will be repealed by operation of law on the following
						day.
2. Repealed by operation of Government Code section
						11346.1(g)
						(Register 2004, No. 49).
3. New section refiled 11-29-2004 as an
						emergency; operative 11-29-2004 (Register 2004, No. 49). A Certificate of
						Compliance must be transmitted to OAL by 3-29-2005 or emergency language will
						be repealed by operation of law on the following day.
4. New section
						refiled 3-30-2005 as an emergency; operative 3-30-2005 (Register 2005, No. 13).
						A Certificate of Compliance must be transmitted to OAL by 7-28-2005 or
						emergency language will be repealed by operation of law on the following
						day.
5. Certificate of Compliance as to 3-30-2005 order, including
						renumbering of former section
						58877 to section
						58876(g)-(g)(7),
						transmitted to OAL 6-21-2005 and filed 8-1-2005; amendments operative 8-31-2005
						(Register 2005, No. 31).
Note: Authority cited: Section
						  11152,
						  Government Code; and Sections
						  4857.1,
						  4859(a),
						  4860(b)
						  and
						  4866,
						  Welfare and Institutions Code. Reference: Sections
						  4859
						  and
						  4861(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 21 - Habilitation Services Program › Article 8 - Ratesetting Methodology for Work Activity Programs › Section 58878 - Rate Adjustment Due to a Change in Staff-to-Consumer Ratio. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 7-22-2004 as an emergency; operative 7-22-2004 (Register 2004,
						No. 30). A Certificate of Compliance must be transmitted to OAL by 11-19-2004
						or emergency language will be repealed by operation of law on the following
						day.
2. Repealed by operation of Government Code section
						11346.1(g)
						(Register 2004, No. 49).
3. New section refiled 11-29-2004 as an
						emergency; operative 11-29-2004 (Register 2004, No. 49). A Certificate of
						Compliance must be transmitted to OAL by 3-29-2005 or emergency language will
						be repealed by operation of law on the following day.
4. New section
						refiled 3-30-2005 as an emergency; operative 3-30-2005 (Register 2005, No. 13).
						A Certificate of Compliance must be transmitted to OAL by 7-28-2005 or
						emergency language will be repealed by operation of law on the following
						day.
5. Certificate of Compliance as to 3-30-2005 order, including
						renumbering of former section
						58878 to section
						58876(h)-(p),
						transmitted to OAL 6-21-2005 and filed 8-1-2005; amendments operative 8-31-2005
						(Register 2005, No. 31).
Note: Authority cited: Section
						  11152,
						  Government Code; and Sections
						  4857.1,
						  4859(a),
						  4860(b)
						  and
						  4866,
						  Welfare and Institutions Code. Reference: Sections
						  4859
						  and
						  4861(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 21 - Habilitation Services Program › Article 8 - Ratesetting Methodology for Work Activity Programs › Section 58879 - Rate Appeals. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Any vendor disputing a departmental decision affecting its rate for Work
					 Activity Program services may appeal the decision pursuant to Sections
					 57940 through
					 57948.
1. New
						section filed 7-22-2004 as an emergency; operative 7-22-2004 (Register 2004,
						No. 30). A Certificate of Compliance must be transmitted to OAL by 11-19-2004
						or emergency language will be repealed by operation of law on the following
						day.
2. Repealed by operation of Government Code section
						11346.1(g)
						(Register 2004, No. 49).
3. New section refiled 11-29-2004 as an
						emergency; operative 11-29-2004 (Register 2004, No. 49). A Certificate of
						Compliance must be transmitted to OAL by 3-29-2005 or emergency language will
						be repealed by operation of law on the following day.
4. New section
						refiled 3-30-2005 as an emergency; operative 3-30-2005 (Register 2005, No. 13).
						A Certificate of Compliance must be transmitted to OAL by 7-28-2005 or
						emergency language will be repealed by operation of law on the following
						day.
5. Certificate of Compliance as to 3-30-2005 order transmitted
						to OAL 6-21-2005 and filed 8-1-2005 (Register 2005, No.
						31).
Note: Authority cited: Chapter 722, Statutes of 1992,
						  Section 147; and Section
						  4691,
						  Welfare and Institutions Code. Reference: Section
						  4691,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 21 - Habilitation Services Program › Article 9 - Billing and Payment › Section 58880 - Work Activity Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
					 each payment year, the Department shall establish a maximum number of service
					 days per year, which shall be based on a maximum of five days per week, minus
					 the number of nationally observed holidays. At the beginning of each payment
					 year, all Work Activity Programs shall submit to the applicable regional
					 center, for approval a schedule of the number of days per month for which
					 reimbursement will be requested for services provided; the total number of days
					 in that schedule shall not exceed the maximum number of service days
					 established by the Department.
(b)
					 The regional center shall make payment for services using a daily rate as
					 follows:
(1) A Work Activity Program may bill
					 for a full day of service when the Work Activity Program has written
					 documentation that the consumer has received allowable Work Activity Program
					 services as specified in Section
					 4851(h)
					 of the Welfare and Institutions Code;
(2) A Work Activity Program may bill for a
					 half-day of service when the Work Activity Program has written documentation
					 that the consumer has received services as specified in Section
					 4851(i)
					 of the Welfare and Institutions Code;
(3) A Work Activity Program may not bill for
					 a consumer who is absent or who receives services for less than two hours,
					 excluding the lunch period, except that the Department may authorize payment
					 for absences which are the direct result of situations or occurrences for which
					 a state of emergency has been declared. If payment for absences due to a state
					 of emergency is authorized, the Work Activity Program shall bill only for daily
					 absences in excess of the average percentage of daily absences experienced by
					 the Work Activity Program, per consumer, in the same month of the year previous
					 to the year in which the state of emergency was declared. If the Work Activity
					 Program was not in operation in the previous year, the average percentage of
					 absences per consumer shall be based on the most recent comparable month, as
					 determined by the Department, in which billing was made to the regional
					 center;
(4) Payment using a daily
					 rate shall be as follows:
(A) For full-day and
					 half-day billing, the Work Activity Program shall add the approved full-days
					 and half-days of service for each consumer for each month and invoice the
					 regional center after the month's end for the total number of billing days for
					 each consumer, not to exceed the maximum number of billing days for the billing
					 month per the schedule submitted to 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 21 - Habilitation Services Program › Article 9 - Billing and Payment › Section 58881 - Supported Employment Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Payment rates for Supported Employment
					 Program services are specified in Welfare and Institutions Code 4860.
(b) Vendors must maintain adequate
					 documentation to support the job coaching billed to the regional center as
					 specified in Section
					 58831(a).
(c) A Supported Employment Program may not
					 bill for group services when a job coach is not present, except that the
					 Department may authorize payment for group services that were not provided when
					 the work site was not accessible due to the direct result of situations or
					 occurrences for which a state of emergency has been declared. If payment due to
					 a state of emergency is authorized, the Supported Employment Program shall bill
					 only for job coaching for days the work site was not accessible, as determined
					 by the Department, in which billing was made to the regional center.
1. New
						section filed 7-22-2004 as an emergency; operative 7-22-2004 (Register 2004,
						No. 30). A Certificate of Compliance must be transmitted to OAL by 11-19-2004
						or emergency language will be repealed by operation of law on the following
						day.
2. Repealed by operation of Government Code section
						11346.1(g)
						(Register 2004, No. 49).
3. New section refiled 11-29-2004 as an
						emergency; operative 11-29-2004 (Register 2004, No. 49). A Certificate of
						Compliance must be transmitted to OAL by 3-29-2005 or emergency language will
						be repealed by operation of law on the following day.
4. New section
						refiled 3-30-2005 as an emergency; operative 3-30-2005 (Register 2005, No. 13).
						A Certificate of Compliance must be transmitted to OAL by 7-28-2005 or
						emergency language will be repealed by operation of law on the following
						day.
5. Certificate of Compliance as to 3-30-2005 order transmitted
						to OAL 6-21-2005 and filed 8-1-2005 (Register 2005, No.
						31).
Note: Authority cited: Section
						  11152,
						  Government Code; and Section
						  4866,
						  Welfare and Institutions Code. Reference: Section
						  4860,
						  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 21 - Habilitation Services Program › Article 9 - Billing and Payment › Section 58882 - Billing for Temporary Transfers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Procedure for Authorization of a
					 temporary transfer:
(1) Temporary transfers
					 should be anticipated and planned for during the IPP. The pre-authorization of
					 a temporary transfer should specify the criteria and maximum number of days of
					 the temporary transfer.
(2)
					 Emergency authorization of a temporary transfer pursuant to Section
					 50612.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 22 - Participant-Directed Services › Article 1 - Definitions › Section 58883 - 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" indicates conduct that is required,
						and "may" indicates conduct that is permitted.
1. New
						subchapter 22 (articles 1-3, sections
						58883-58888), article 1 (sections
						58883-58884) and section filed
						8-29-2011 as an emergency; operative 8-29-2011 (Register 2011, No. 35). A
						Certificate of Compliance must be transmitted to OAL by 2-27-2012 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 8-29-2011 order transmitted
						to OAL 2-15-2012 and filed 3-15-2012 (Register 2012, No.
						11).
Note: Authority cited: Sections
						  4405
						  and
						  4648(a),
						  Welfare and Institutions Code; and Section
						  11152,
						  Government Code. Reference: Sections
						  4631
						  and
						  4648(a),
						  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 22 - Participant-Directed Services › Article 1 - Definitions › Section 58884 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following
					 definitions shall apply to the language contained in Subchapter 22 of these
					 regulations:
(1) Participant-Directed
					 Services means those services described in California Code of Regulations,
					 Title 17, Section
					 58886(a) and
					 includes the adult consumer or family member exercising decision-making
					 authority over specified services.
(2) Co-Employer means the vendored adult
					 consumer or family member who manages employees that provide specified
					 Participant-Directed Services and who works with the Financial Management
					 Service Co-Employer. The Co-Employer makes recommendations to the Financial
					 Management Services Co-Employer on who to hire to perform a specified
					 Participant-Directed Service.
(3)
					 Employer means the vendored adult consumer or family member who hires and
					 engages an employee or procures an entity to perform a specified
					 Participant-Directed Service.
(4)
					 Financial Management Service Co-Employer (FMS Co-Employer) means a vendored
					 entity that functions with the Co-Employer to hire an employee pursuant to the
					 Co-Employer's recommendation and pays the employee to perform the
					 Participant-Directed Services.
(5)
					 Financial Management Service Fiscal/Employer Agent (FMS F/EA) means the
					 vendored entity that functions as the adult consumer's agent or family member's
					 agent in performing payroll duties according to IRS regulations, processing
					 payments for the reimbursement of goods and services, and performing other
					 employer responsibilities that are required by federal and state law. Under
					 this arrangement the adult consumer or family member is the employer.
(6) Individual Family Service Plan (IFSP) has
					 the meaning specified in California Code of Regulations, Title 17, Section
					 52100.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 22 - Participant-Directed Services › Article 2 - General Requirements for Participant-Directed Services › Section 58886 - General Requirements for Participant-Directed Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Effective October 1, 2011, for consumers
					 and family members of consumers receiving the services in California Code of
					 Regulations, Title 17, Section
					 54355(g) (1), (3), (4), and
					 (5), when these services are funded with
					 federal financial participation through Medicaid programs, the regional center
					 may offer Participant-Directed Services to allow the adult consumer and/or
					 family member to procure their own community-based training service, day care,
					 nursing, respite, and/or transportation services. Effective September 16, 2022,
					 personal assistance, independent living services, and supported employment are
					 included in the list of Participant-Directed Services.
(b) When an adult consumer or family member
					 makes the decision to use Participant-Directed Services the regional center
					 shall:
(1) Provide information regarding their
					 responsibilities and functions as either the Employer or Co-Employer;
(2) Provide information about the
					 requirements regarding the use of a FMS Co-Employer or FMS F/EA;
(3) Assist the adult consumer or family
					 member to identify and choose an FMS Co-Employer or FMS F/EA as follows:
(A) An adult consumer or family member who
					 chooses to be the Employer as described in Section
					 58884(a)(3) shall
					 make use of a FMS F/EA vendor pursuant to Section
					 58884(a)(5);
(B) An adult consumer or family member who
					 chooses to be a Co-Employer as described in Section
					 58884(a)(2) shall
					 make use of a FMS Co-Employer pursuant to Section
					 58884(a)(4);
					 and
(C) Neither the adult consumer
					 nor the family member shall be the FMS Co-Employer nor the FMS
					 F/EA.
(4) Vendor the
					 adult consumer or family member acting as Employer or Co-Employer for one or
					 more Participant-Directed Services pursuant to (c), and a family member of more
					 than one consumer shall only be vendored once.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 22 - Participant-Directed Services › Article 2 - General Requirements for Participant-Directed Services › Section 58887 - Service Components for Participant-Directed Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Effective August 29, 2011, the FMS F/EA,
					 pursuant to (b) below, and the FMS Co-Employer, pursuant to (c) below, shall be
					 vendored to provide the following services to support the adult consumer or
					 family member with the employment of workers to carry out authorized
					 Participant-Directed Services:
(1) Collect and
					 process timesheets of workers providing Participant-Directed
					 Services;
(2) Assist the family
					 member or adult consumer in verifying the worker's eligibility for employment
					 as evidenced by a copy of the social security number or any document pursuant
					 to California Code of Regulations, Title 17, Section
					 50604(d)(3), if
					 individual worker is used;
(3)
					 Process payroll, withholding, filing and payment of applicable federal, state
					 and local employment related taxes and insurance for authorized
					 Participant-Directed Services;
(4)
					 Track, prepare and distribute monthly expenditure reports to the Employer or
					 Co-Employer and the regional center;
(5) Maintain all source documentation related
					 to the authorized service(s) and expenditures;
(6) Maintain a separate accounting of funds
					 used for each adult consumer or family member Participant-Directed Service;
					 and
(7) Ensure payments do not
					 exceed the amounts and rates authorized by the regional center subject to the
					 limits of California Code of Regulations, Title 17, Section
					 58888.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 22 - Participant-Directed Services › Article 3 - Participant-Directed Services Rate-Setting Provisions › Section 58888 - General Provisions for Rate-Setting and Reimbursements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Participant-Directed Service(s), and
					 units of service shall be determined through the IPP process pursuant to
					 Welfare and Institutions Code Sections
					 4646
					 and
					 4646.5.
					 The rate of payment for the service shall not exceed the maximum rate of
					 reimbursement as specified below:
(1)
					 Participant-Directed Day Care Service--Family Member--Service Code 455--the
					 usual and customary rate, as defined in California Code of Regulations, Title
					 17, Section
					 57210(a)(19),
					 which the direct provider of the service charges or, if the direct provider of
					 the service does not have an established usual and customary rate, a negotiated
					 rate pursuant to California Code of Regulations, Title 17, Section
					 57300(e);
(2) Participant-Directed Nursing
					 Service--Family Member--Service Code 460--the Schedule of Maximum Allowances
					 for the Home and Community Based Services, In-Home Medical Care Waiver Program,
					 as developed by the Department of Health Care Services;
(3) Participant-Directed Respite
					 Service--Family Member--Service Code 465--the rate established pursuant to
					 California Code of Regulations, Title 17, Section
					 57310(b)(3);
(4) Participant-Directed
					 Transportation--Family Member--Service Code 470--the standard rate schedule
					 developed by the regional center pursuant to California Code of Regulations,
					 Title 17, Section
					 58543; and
(5) Participant-Directed Community-Based
					 Training Service--Service Code 475-- The rate established pursuant to Welfare
					 and Institution Code section
					 4688.21, subdivision (c)(7). The
					 rate includes employer-related taxes and all transportation needed to implement
					 the service, except that the consumer shall also be eligible for a regional
					 center-funded bus pass, if appropriate and needed.
(6) Participant-Directed Personal
					 Assistant--Service Code 456--the rate methodology established is the current
					 state minimum wage plus 7% and to that number add 21% for fringe benefits per
					 consumer per hour.
(7)
					 Participant-Directed Independent Living Individual--Service Code 457--the rate
					 methodology established is the current state minimum wage plus 11% and to that
					 number add 22% for fringe benefits per consumer per hour.
(8) Participant-Directed Supported
					 Employment--Service Code 458--the rate methodology established is the current
					 state minimum wage plus 56% and to that number add 22% for fringe benefits per
					 consumer per hour.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 23 - Community Crisis Homes › Article 2 - General Requirements › Section 59001 - General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The vendoring regional center shall assign a facility liaison to each vendored
					 Community Crisis Home.
(b) The
					 Department may decertify a Community Crisis Home that it determines is not in
					 compliance with applicable laws or when it cannot ensure the health and safety
					 of consumers. The Department shall inform the Department of Social Services of
					 any decision to decertify a facility on the same day.
(c) A Community Crisis Home shall install and
					 maintain an operable automatic fire sprinkler system.
(d) Each consumer must be provided with their
					 own private bedroom.
(e) At least
					 50% of the bedrooms must be approved for consumers who are non-ambulatory, as
					 defined in Section
					 13131
					 of the Health and Safety Code.
(f)
					 An applicant for Community Crisis Home certification, or their designee, shall
					 complete the regional center's Residential Services Orientation pursuant to
					 Section 56003.
(g) Seclusion shall not be utilized in a
					 Community Crisis Home, consistent with Section
					 50515(a).
(h) A Community Crisis Home shall maintain a
					 facility file as required by Section
					 59011 and a consumer file as
					 required in Section
					 59012.
(1) The facility file and consumer file shall
					 be immediately available upon Department request and must be the original or a
					 facsimile of the original. A facsimile is an exact copy of the original. In the
					 event the Department requests a physical copy, whether electronic or paper, the
					 copy shall be a facsimile.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 23 - Community Crisis Homes › Article 3 - Facility Program Plan › Section 59003 - Facility Program Plan Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The facility applicant shall submit a
					 signed and dated proposed facility program plan to the vendoring regional
					 center responsible for contract development.
(b) The vendoring regional center shall
					 submit a copy of the proposed facility program plan along with its
					 recommendation for approval to the Department.
(c) Upon approval by the Department, the
					 Department shall issue a certificate of program approval for the Community
					 Crisis Home to the applicant and provide a copy to the vendoring regional
					 center and the Department of Social Services.
(d) The certificate of program approval must
					 be included in the plan of operation submitted to the Department of Social
					 Services by the applicant.
(e) The
					 facility administrator shall submit any proposed changes in the operation of
					 the facility that alter the contents of the approved facility program plan,
					 including a change of administrator, to the Department and the vendoring
					 regional center. Both the Department and the vendoring regional center shall
					 approve the changes prior to implementation. The Department shall notify the
					 Department of Social Services of approved change(s) on the date of
					 approval.
1. New
						section filed 3-20-2017 as an emergency; operative 3-20-2017 (Register 2017,
						No. 12). Pursuant to Welfare and Institutions Code section
						4698.1(b),
						a Certificate of Compliance must be transmitted to OAL by 3-19-2019 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 3-20-2017 order transmitted
						to OAL 2-8-2019 and filed 3-25-2019 (Register 2019, No.
						13).
Note: Authority cited: Section
						  4698.1,
						  Welfare and Institutions Code. Reference: Sections
						  4698
						  and
						  4698.1,
						  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 23 - Community Crisis Homes › Article 4 - Personnel › Section 59004 - Administrator Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An administrator must:
(1) Have a minimum of two years of prior
					 experience providing direct care or supervision to individuals with
					 developmental disabilities and be one of the following:
(A) A Registered Behavior
					 Technician.
(B) A Licensed
					 Psychiatric Technician.
(C) A
					 Qualified Behavior Modification Professional.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 23 - Community Crisis Homes › Article 4 - Personnel › Section 59005 - Direct Care Staff Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A direct care lead staff person must:
(1) Have at least one year of prior
					 experience providing direct care to individuals with developmental disabilities
					 with challenging behavior service needs, and
(2) Become a Registered Behavior Technician
					 within 60 days of initial employment or be a Qualified Behavior Modification
					 Professional.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 23 - Community Crisis Homes › Article 4 - Personnel › Section 59007 - Staff Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 licensee shall ensure that each direct care staff person completes a minimum of
					 32 hours of on-site orientation within the first 40 hours of employment. The
					 on-site orientation must include the following:
(1) Training required pursuant to Title 22,
					 California Code of Regulations, Section
					 85365(h);
(2) Overview of the following concepts,
					 including, but not limited to:
(A)
					 Trauma-informed care;
(B)
					 Person-centered practices;
(C)
					 Positive behavioral supports; and
(D) Cultural competency.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 23 - Community Crisis Homes › Article 4 - Personnel › Section 59008 - Continuing Education

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 In addition to the training requirements in Section
					 59007, the licensee shall ensure
					 that direct care staff complete a minimum of 25 hours of continuing education
					 on an annual basis covering, but not limited to, the subjects specified in
					 Section 59007(a).
(b) Community Crisis Homes shall provide five
					 (5) hours of competency-based continuing education in the areas of
					 person-centered practices, positive behavioral supports, trauma-informed care,
					 and cultural competency which may be counted towards the required hours in
					 Subsection (a).
(c) For Community
					 Crisis Homes licensed as group homes, 10 of the continuing education hours
					 required by Title 22, California Code of Regulations, Section
					 84065(j), may be
					 counted towards the required hours in Subsection (a).
(d) The licensee shall require that direct
					 care staff complete additional continuing education, as necessary, to ensure
					 the continued health and safety of each consumer.
(e) Successful completion of the
					 competency-based training and passage of the competency test required by
					 Section 59007(e)
					 satisfies the direct care staff continuing education requirements specified in
					 Subsection (a) for the year in which the training is satisfactorily
					 completed.
(f) In addition to the
					 training requirements in Subsection (a), the licensee shall ensure that direct
					 care staff renew the 16 hours of emergency intervention training required in
					 Section 59007(b)
					 annually.
(g) The administrator
					 shall ensure a minimum of 20 minutes of monthly emergency intervention
					 refresher staff training is provided by a qualified instructor pursuant to
					 Title 22, California Code of Regulations, Section
					 85165(c), which
					 may be counted towards the required hours in Subsection (f). The refresher
					 training must:
(1) Focus on one of the
					 emergency intervention and de-escalation strategies direct care staff will use
					 to prevent serious injury and maintain safety of consumers who are a danger to
					 self or others; and
(2) Emphasize
					 trauma-informed positive behavioral supports and techniques that are
					 alternatives to physical restraint.