1. (a) Once a payment rate for each community-based day program has been established by the Department, adjustments to that rate shall be considered by the Department, for either anticipated or unanticipated program changes, in accordance with (b) and (c).

2. (b) Anticipated program 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 program 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 program changes shall be limited to the following:

   1. (1) A modification in the program design pursuant to section 56712 or 56762 which results in a change in the approved existing staffing ratio or approved service code. Changes in the approved existing staffing ratio or approved service code shall be based upon the characteristics and needs of the consumers served and/or the program curriculum as specified in section 56756 or 56772;
   2. (2) Relocation of the service due to expiration of the vendor's facility lease or tenancy arrangement; and/or
   3. (3) A loss or gain of any vendor income used to compute the vendor's rate.

3. (c) Unanticipated program changes shall be submitted by the vendor to the Department and the vendoring regional center no later than 60 days from the date the change has occurred. Unanticipated program changes received after the 60 days shall not be considered by the Department. Unanticipated program changes shall be limited to the following:

   1. (1) Mandated service adjustments due to changes in, or additions to, existing statutes, laws, regulations or court decisions; and/or
   2. (2) Emergency relocations as required to protect the health and safety of the consumers.
4. (d) Anticipated program changes shall be funded by the Department only if there are funds made available in the Budget Act appropriation to the Department for that purpose.
5. (e) Unanticipated program changes shall be funded effective the date the Department approves them pursuant to section 57924.

Note: Authority cited: Section 4691, Welfare and Institutions Code. Reference: Section 4691, Welfare and Institutions Code.

History

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 subsection (b)(1), repealing subsections (b)(2)-(b)(2)(B), renumbering subsections, and amending subsection (c)(2) filed 1-17-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 3).