1. (a) Proposed residential rates shall be determined for a specific target fiscal year in accordance with generally accepted accounting principles pursuant to Article 5.
2. (b) Payment of proposed rates is subject to appropriation of sufficient funds for that purpose in the Budget Act.
3. (c) Absent specific direction from the Legislature, when sufficient funds are not appropriated in the Budget Act to fully provide for payment of the proposed rates, in lieu of the proposed rates, the Department shall increase operative rates on a pro rata basis if the amount appropriated is sufficient for an increase.

4. (d) Once the vendor has received notice of the maximum rate established by the Department for the facility's approved service level, each regional center, or its designee, which has placed consumers in the facility may negotiate with the vendor a level of payment for its consumer(s) that is lower than the rate established by the Department.

   1. (1) A payment at the lower level may only occur after both the regional center and the vendor mutually agree in writing:

      1. (A) To the negotiated level of payment; and
      2. (B) To the effective date and termination date for the regional center to reimburse the vendor at the negotiated level of payment.
   2. (2) Upon termination of the level of payment negotiated by the regional center and a vendor, the regional center shall resume reimbursements to the vendor for services at the maximum rate established by the Department for the facility's approved service level.
   3. (3) The negotiated level of payment between each regional center and the vendor shall not modify any other requirement specified in Subchapters 4 and 6.
   4. (4) The negotiated level of payment between each regional center and the vendor may be renegotiated or terminated at any time upon the request of either party.
   5. (5) Each regional center shall provide the Department and the vendor with a copy of the agreement specified in subsection (d)(1).

Note: Authority cited: Sections 4680, 4681.1, 4786 and 4791(i), Welfare and Institutions Code; Chapter 722, Statutes of 1992, Section 147. Reference: Sections 4680, 4681.1, 4786 and 4791(i), Welfare and Institutions Code.

History

1. New section filed 1-14-91; operative 2-13-91 (Register 91, No. 14).

2. New subsection (e) and amendment of Note filed 11-4-91 as an emergency; operative 11-4-91 (Register 92, No. 8). A Certificate of Compliance must be transmitted to OAL 3-3-92 or emergency language will be repealed by operation of law on the following day.

3. New subsection (e) and amendment of Note refiled 3-4-92 as an emergency; operative 3-4-92 (Register 92, No. 15). 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.

4. Certificate of Compliance as to 3-4-92 order including repealer of subsections (e)-(e)(6) transmitted to OAL 6-25-92 and filed 8-4-92 (Register 92, No. 32).

5. Amendment of section filed 9-20-93 as an emergency; operative 9-20-93. Submitted to OAL for printing only pursuant to Chapter 722, Statutes of 1992, Section 147 (Register 93, No. 39). These regulations shall not be repealed by the Office of Administrative Law and shall remain in effect until revised or repealed, as appropriate.

6. Amendment of section filed 11-23-94; operative 11-23-94 (Register 94, No. 47).

7. Editorial correction of History 5 (Register 94, No. 47).