1. (a) Any service operated by a generic agency shall be:

   1. (1) Ineligible for vendorization if the generic agency is statutorily mandated to provide the services to the general public and/or to consumers, except as specified in (a)(2) below;

   2. (2) Eligible for vendorization and subject to the vendorization process specified in Section 54310(d) and (e) of these regulations, if the generic agency:

      1. (A) Provides services to the general public; and
      2. (B) Charges a fee; however, the amount charged for consumers is the same as the amount charged to the general public for the same type of service.

   3. (3) Eligible for vendorization and subject to the entire vendorization process specified in Section 54310(a) of these regulations, if the generic agency:

      1. (A) Operates a service which is not mandated to provide to the general public;
      2. (B) Has designed the service specifically for consumers; and
      3. (C) Charges the regional center for the services received.

2. (b) For purposes of (a) above, fees shall not include:

   1. (1) Shares of cost under the Medi-Cal program pursuant to the Welfare and Institutions Code, Section 14009;
   2. (2) Annual deductibles under the uniform patient fee schedule for community mental health services pursuant to the Welfare and Institutions Code, Sections 5717 and 5718; or
   3. (3) Repayment obligations under the California Children Services program pursuant to the Health and Safety Code, Section 255.

3. (c) Any generic agency meeting the requirements specified in (a)(2) above may request an exemption from the vendorization process by submitting a written statement to the vendoring regional center which includes:

   1. (1) A description of the services to be provided; and
   2. (2) The reasons it believes it qualifies for the exemption.

4. (d) Upon receipt of the written statement specified in (c) above:

   1. (1) The vendoring regional center shall submit the request to the Department within 15 days of its receipt; and

   2. (2) Within 15 days of receipt of the request from the regional center, the Department shall review the request and notify the vendoring regional center and the generic agency, in writing, that the exemption has been:

      1. (A) Approved, along with the service code assigned pursuant to Section 54358(b) of these regulations; or
      2. (B) Denied, along with the basis for the denial and an explanation of the appeal rights pursuant to Sections 54380 through 54390 of these regulations.

Note: Authority cited: Chapter 722, Statutes of 1992, Section 147; Sections 4405, 4648(a) and 4791(i), Welfare and Institutions Code; and Section 11152, Government Code. Reference: Sections 4631, 4644, 4648(a) and 4791, 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 of subsections (a)(2) and (a)(3) and Note 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.

4. Amendment of subsections (a)(2) and (a)(3) and Note 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.

5. Certificate of Compliance as to 3-4-92 order including amendment of subsections (a)(2)-(3) and Note transmitted to OAL 6-25-92 and filed 8-6-92 (Register 92, No. 33).

6. 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).

7. Amendment of subsections (a)(2) and (3) and (c) filed 4-22-94; operative 4-22-94. Submitted to OAL for printing only (Register 94, No. 16).

8. Amendment of subsection (a)(2) filed 6-20-94 as an emergency; operative 6-20-94. Submitted to OAL for printing only pursuant to Chapter 722, Statutes of 1992, Section 147 (Register 94, No. 25).

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

10. Certificate of Compliance as to 6-20-94 order, including amendment of subsection (a)(2), transmitted to OAL 2-20-96 and filed 3-29-96 (Register 96, No. 13).

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