1. (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).

2. (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. (1) Relocation of the vendor's office due to expiration of the vendor's office lease or tenancy arrangement; and/or
   2. (2) A loss or gain of any vendor income used to compute the vendor's rate;
   3. (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.
3. (c) Unanticipated 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 changes received after the 60 days shall not be considered by the Department. Unanticipated changes shall include mandated service adjustments due to changes in, or additions to, existing statutes, laws or regulations or court decisions.
4. (d) Anticipated 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 changes shall be funded effective the date the Department approves them pursuant to section 58424.

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 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 A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency language will be repealed by operation of law on the following day.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 filed 8-30-2001 as an emergency; operative 8-30-2001 (Register 2001, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency language will be repealed by operation of law on the following day.

4. Reinstatement of section as it existed prior to 8-30-2001 emergency amendment by operation of Government Code section 11346.1(f) (Register 2002, No. 15).

5. Amendment filed 4-11-2002 as an emergency; operative 4-11-2002 (Register 2002, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-9-2002 or emergency language will be repealed by operation of law on the following day.

6. Amendment refiled 8-8-2002 as an emergency; operative 8-8-2002 (Register 2002, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-6-2002 or emergency language will be repealed by operation of law on the following day.

7. Amendment refiled 12-5-2002 as an emergency; operative 12-5-2002 (Register 2002, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-4-2003 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 12-5-2002 order transmitted to OAL 4-4-2003, and withdrawn from OAL review on 5-15-2003.

9. Amendment filed 5-15-2003 as an emergency; operative 5-15-2003 (Register 2003, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-12-2003 or emergency language will be repealed by operation of law on the following day.

10. Certificate of Compliance as to 5-15-2003 order transmitted to OAL 6-23-2003 and filed 7-28-2003 (Register 2003, No. 31).