1. (a) The Department and the vendoring regional center shall have the authority and responsibility for monitoring and evaluating Habilitation Services Programs for:

   1. (1) Service quality.
   2. (2) Protections as specified in Section 50510 of these regulations and the CARF standards for consumers receiving services.
   3. (3) Verify ongoing CARF accreditation.

2. (b) The Department and the vendoring regional center shall coordinate the following monitoring and evaluation activities as may from time to time be necessary to avoid duplication or incompatibility of effort, and to achieve the most efficient and effective employment of staff resources in the implementation of this section:

   1. (1) Review the initial and subsequent annual Individual Habilitation Service Plan prepared by the Habilitation Services Program for all consumers served by the program;
   2. (2) Review each program's CARF accreditation report, upon initial accreditation and renewal, as appropriate; and
   3. (3) Review for each Work Activity Program the information, as compiled by the Department, the amount of time consumers engaged in paid work as a percentage of the total time that the aggregate of consumers in the program received services over a selected period of six (6) months.
3. (c) The activities specified in (a) shall be undertaken at a frequency and in a manner to be determined by the Department and the vendoring regional center, provided that these reviews shall occur not less frequently than would achieve synchronization with the program's CARF accreditation renewal cycle.

4. (d) As necessary for the implementation of this section, all Habilitation Services Programs shall:

   1. (1) Maintain and make available for inspection and review by the Department and the regional center, as appropriate, all records, reports, documents, and facilities related to the delivery of services to consumers; and
   2. (2) Provide the Department and the vendoring regional center, as appropriate, direct access to program administrators, supervisors, and staff.
5. (e) In the event the Department and the vendoring regional center disagree upon a course of action pursuant to the monitoring and evaluating responsibilities of this section, the Department's position shall prevail.

Note: Authority cited: Section 11152, Government Code; and Section 4866, Welfare and Institutions Code. Reference: Section 4856, Welfare and Institutions Code.

History

1. New article 6 (sections 58850-58851) and section filed 7-22-2004 as an emergency; operative 7-22-2004 (Register 2004, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-19-2004 or emergency language will be repealed by operation of law on the following day.

2. Repealed by operation of Government Code section 11346.1(g) (Register 2004, No. 49).

3. New article 6 (sections 58850-58851) and section refiled 11-29-2004 as an emergency; operative 11-29-2004 (Register 2004, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-29-2005 or emergency language will be repealed by operation of law on the following day.

4. New article 6 (sections 58850-58851) and section refiled 3-30-2005 as an emergency; operative 3-30-2005 (Register 2005, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-28-2005 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 3-30-2005 order, including amendment of subsections (a)(2)-(3), transmitted to OAL 6-21-2005 and filed 8-1-2005; amendments operative 8-31-2005 (Register 2005, No. 31).