1. (a) A contract provision requiring that the level of service provided shall, at a minimum, be consistent with the service provider's program design, if applicable, and any other program related documentation relied upon by the Department as a basis for establishing rates of payment.

   1. (1) The service provider's program design shall be made a part of the contract.

   2. (2) The service provider's program design shall include, but not be limited to:

      1. (A) A written statement of the facility's purpose and goals;
      2. (B) A description of the services provided;
      3. (C) A description of program methods;
      4. (D) Consumer entrance and exit criteria;
      5. (E) Job descriptions of all positions;
      6. (F) Staff qualifications for each job description;
      7. (G) A staffing plan which indicates the staff-to-consumer ratio for delivery of direct care services for all hours the consumers are under the supervision of the facility;
      8. (H) A staff training plan, if any; and
      9. (I) Hours and location of service.
2. (b) A contract provision requiring the service provider to maintain books, records, documents and other evidence pertaining to all income, expenses, and services relating to and/or affecting the performance of the contract.
3. (c) A contract provision requiring the service provider to maintain service records to support all billings/invoicing as specified in Section 50604(d)(1) through (3)(F), as applicable.
4. (d) A contract provision requiring the service provider to submit to the regional center with their billings/invoices the information specified in (c) above for the billing period.
5. (e) A contract provision requiring the service provider to adopt and periodically review, a written internal procedure to resolve consumer grievances pursuant to Welfare and Institutions Code Section 4705.

When a regional center enters into a contract with a service provider, the contract shall include, but not be limited to, the following provisions specifying the duties and responsibilities of the service provider.

Note: Authority cited: Chapter 157, Statutes of 2003; Sections 4405, 4631 and 4648.2, Welfare and Institutions Code; and Section 11152, Government Code. Reference: Sections 4525, 4629(f), 4631 and 4648.1, Welfare and Institutions Code.

History

1. New section filed 9-22-89; operative 10-22-89 (Register 89, No. 40.)

2. Amendment of Note filed 8-6-92; operative 8-6-92 (Register 92, No. 33).

3. Change without regulatory effect amending subsections (a)(2)(D), (a)(2)(G) and (c) filed 1-17-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 3).

4. New subsections (c)-(d), subsection relettering and amendment of Note filed 10-9-2003 as an emergency; operative 10-9-2003 (Register 2003, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-6-2004 or emergency language will be repealed by operation of law on the following day.

5. New subsections (c)-(d), subsection relettering and amendment of Note refiled 2-3-2004 as an emergency; operative 2-3-2004 (Register 2004, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-2-2004 or emergency language will be repealed by operation of law on the following day.

6. New subsections (c)-(d), subsection relettering and amendment of Note refiled 6-1-2004 as an emergency; operative 6-1-2004 (Register 2004, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-2004 or emergency language will be repealed by operation of law on the following day.

7. Certificate of Compliance as to 6-1-2004 order, including amendment of subsection (c), transmitted to OAL 9-15-2004 and filed 10-28-2004 (Register 2004, No. 44).