1. (a) Once the Department has established a rate of reimbursement pursuant to Sections 58100 through 58119, for vendors whose temporary payment rate is being converted to a permanent payment rate and vendors whose permanent payment rate is being established or reestablished, or Sections 58120 through 58122 for vendors who are requesting a temporary payment rate, a regional center, or its designee, and a vendor may negotiate the level of payment when a family member has more than one consumer residing with them who has been authorized by the regional center to receive in-home respite services. The amount of the level of payment may be less than but shall not exceed the per-consumer per-hour rate established by the Department and shall only apply to the additional consumer(s) receiving services.
2. (b) Each regional center and vendor shall mutually agree in writing upon the level of payment and the effective date for commencing and terminating payment at the agreed upon amount.

3. (c) The level of payment negotiated by a regional center and vendor shall commence on the date agreed to by the regional center and vendor, and shall terminate on the expiration date specified by the Department in its written notification to the vendor of the established rate, or earlier, if an earlier termination date has been mutually agreed to by the regional center and vendor.

   1. (1) If the level of payment agreed to by the regional center and vendor terminates on the expiration date specified in the Department's written notification to the vendor of the established rate, the Department shall:

      1. (A) For those vendors whose established rate is a temporary payment rate, establish a permanent payment rate, as applicable, pursuant to Section 58242 or 58252; or

      2. (B) For those vendors whose established rate is a permanent payment rate:

         1. 1. Reestablish the permanent payment rate during Fiscal Year 1996-97, and each alternate fiscal year thereafter, as specified in Section 58240; or
         2. 2. Establish the permanent payment rate during Fiscal Year 1997-98, and each alternate fiscal year thereafter, as specified in Section 58250.
   2. (2) If the level of payment agreed to by the regional center and vendor terminates prior to the expiration date specified in the Department's written notification to the vendor of the established rate, the vendor shall be reimbursed at the rate established by the Department until the expiration of the established rate.
4. (d) Within the limitations specified in this section, the level of payment negotiated by a regional center and a vendor may be renegotiated.
5. (e) Each regional center shall provide the Department and vendor with a copy of the written agreement specifying the terms of the level of payment.

Note: Authority cited: Section 4690.2, Welfare and Institutions Code. Reference: Sections 4690.2, 4691 and 4691.5, Welfare and Institutions Code.

History

1. New section filed 11-5-91 as an emergency; operative 11-5-91 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 3-4-92 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 3-4-92 as an emergency; operative 3-4-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 7-2-92 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 3-4-92 order including amendment of subsection (a) transmitted to OAL 6-25-92 and filed 8-6-92 (Register 92, No. 33).

4. 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).

5. Certificate of Compliance as to 6-17-93 order transmitted to OAL 6-20-94 and filed 8-2-94 (Register 94, No. 31).

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