1. (a) Habilitation Services Programs determined by the Department and the vendoring regional center consequent to the monitoring and quality assurance activities specified in Section 58850, to be out of compliance with any relevant service provider requirement in this Subchapter, shall be subject to immediate sanctions proportional to the noncompliance condition(s).
2. (b) A finding of failure on the part of a Habilitation Services Program to comply with relevant service provider requirements shall require the development of a corrective action plan within thirty (30) days of notification by the Department or regional center of noncompliance, provided the sanction imposed is not termination of vendorization.

3. (c) The appropriate sanction(s) shall be selected from the following:

   1. (1) A moratorium on new referrals.

      1. (A) This sanction shall apply only in cases where consumers are not subject to, or at imminent risk of, abuse or other harm.
      2. (B) The moratorium shall trigger development and implementation of a corrective action plan, and shall be rescinded only when the conditions that led to the moratorium have been corrected in accordance with the corrective action plan.

   2. (2) Imposition of a corrective plan.

      1. (A) A corrective action plan may be imposed in conjunction with a moratorium on new referrals, or as the sole sanction when a moratorium on referrals has not been imposed.
      2. (B) The program shall develop a corrective action plan within thirty (30) days of notification by the Department or regional center of noncompliance, provided the sanction imposed does not include termination of vendorization.
      3. (C) The corrective action plan shall be subject to Department or regional center approval.
      4. (D) Failure of the Habilitation Services Program to comply with the conditions and timelines of the corrective action plan shall result in termination of vendorization, pursuant to Title 17, Section 54370.

   3. (3) Removal of consumers from the habilitation services program.

      1. (A) Removal of consumers shall be required only when dangerous or abusive conditions are present, or upon termination of vendorization.
      2. (B) Upon correction by the Habilitation Services Program of the conditions found by the Department or the regional center to have threatened the health and safety of consumers, as determined by the Department or the regional center, consumers removed from the program may, at their option, return to the program or receive services from an alternate program.
   4. (4) Termination of vendorization.
4. (d) A Habilitation Services Program sanctioned under subparagraph (A) of paragraph (3) of subdivision (c) may request an administrative review, pursuant to Welfare and Institutions Code, Section 4648.1.
5. (e) A Habilitation Services Program sanctioned under paragraph (4) of subdivision (c) shall have a right to a formal review by the Office of Administrative Hearings under Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code.
6. (f) Any habilitation services program that has been sanctioned pursuant to former Title 9, Section 19354.5, the provider shall complete the requirements of the corrective action plan or any other terms or conditions imposed upon it as part of the sanctions. At the end of the term of the corrective action plan or other compliance requirements, the services provider shall be evaluated by the regional center and/or Department in light of the standards and requirements established for Habilitation Services Programs in this Subchapter.
7. (g) The Department and vendoring regional center(s) shall notify DOR if sanctions are being considered.

Note: Authority cited: Section 11152, Government Code; and Section 4866, Welfare and Institutions Code. Reference: Sections 4856 and 4648.1, Welfare and Institutions Code.

History

1. New 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 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 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 (c) and (c)(3) and new subsection (g), transmitted to OAL 6-21-2005 and filed 8-1-2005; amendments operative 8-31-2005 (Register 2005, No. 31).