Cal. Code Regs. tit. 17, § 56913 – Direct Supervision and Special Services.

(a) The direct supervision and special services cost element represents the expenditures for personnel who provide direct services to residents, allocated pursuant to Section 56906, and includes the following:
1. (1) Wages and fringe benefits for direct care staff; and
2. (2) Consultant expense.
(b) The following steps shall be completed by the Department to determine the proposed amount for direct supervision for all CSFs:
1. (1) For each staff-operated CSF, identify the following DC staff costs:
  1. (A) Wages for DC staff;
  2. (B) Fringe benefits for DC staff.
2. (2) Calculate DC staff hourly wages for each CSF using the following formula:
  1. (A) If the DC staff hourly wage in subsection (b)(1)(A) above for any CSF is below the state minimum wage, the Department shall substitute the state minimum wage in lieu of the actual wage.
  DC STAFF HOURLY WAGE
  =
  Total DC staff wages
  Total DC staff hours
3. (3) Using generally accepted statistical techniques, analyze the DC staff wages for all CSFs, determined in subsection (b)(1)(A) above, to:
  1. (A) Group together, by service level, those with a significant similarity;
  2. (B) Group together those that are similar by geographic location, whether or not the differences between the locations are significant;
  3. (C) For each group of facilities determined in subsections (A) and (B) above, determine the median hourly wage.
4. (4) Calculate the DC staff fringe benefit ratio for all CSFs by completing the following steps:
  1. (A) For each staff-operated facility participating in the study, calculate the fringe benefit ratio for DC staff, stated as percentage of wages, using the following formula with the data for the wages and fringe benefits costs in subsections (b)(1)(A) and (B) above:
    DC STAFF FRINGE BENEFIT RATIO
    =
    Fringe benefits for DC staff
    DC staff wages
  2. (B) Determine the median fringe benefit ratio from the data developed in step (A) above;
  3. (C) Determine a mandated fringe benefit ratio for the reporting period that includes all required staff fringe benefits including OASDI, Unemployment Insurance, Employment Training Tax, and Worker's Compensation; and
  4. (D) Compare the median fringe benefit ratio determined in subsection (B) above with the mandated fringe benefit ratio determined in subsection (C) above, and select the higher ratio.
5. (5) Calculate the total median hourly compensation for DC staff using the following formula:
  TOTAL MEDIAN HOURLY COMPENSATION = median hourly wage for each group in subsection (3)(C) above + median hourly wage x fringe benefit ratio in subsection (4)(D) above.
6. (6) Determine the DC staff cost per consumer per month for Service Levels 2, 3 and 4 as follows:
  1. (A) The chart below shows the staffing standard in terms of level of service and facility operation type:
    Facility level
    Owner/operated hours/cl/mo.
    Staff operated hours/cl/mo.
    Level 2
    55.1
    71.2
    Level 3
    87.7
    103.8
    Level 4
    A
    --
    140.0
    B
    --
    153.7
    C
    --
    167.7
    D
    --
    181.7
    E
    --
    200.0
    F
    --
    218.6
    G
    --
    236.8
    H
    --
    260.0
    I
    --
    292.2
  DC STAFF COST PER CONSUMER PER MONTH = [Total hourly compensation produced in step (5)] x the residential services staffing standard (SS) per consumer per month.
(c) The following steps shall be completed by the Department to determine the proposed amount for consultant expenses for all Service Level 4 CSFs:
1. (1) Calculate the consultant cost per hour for each Service Level 4 CSF utilizing the following formula:
  COST PER CONSULTANT HOUR
  =
  Total expenditures for consultant services
  total hours of consultant service delivered
2. (2) Determine the median hourly cost for consultant services for all Service Level 4 CSFs.
3. (3) Determine the consultant cost per consumer per month by multiplying the hourly cost produced in subsection (1) above by the consultant hours required below:
  Step
  Consultant Hrs/Consumer/Month
  4A
  2
  4B
  2
  4C
  2
  4D
  3
  4E
  3
  4F
  3
  4G
  4
  4H
  4
  4I
  4
(d) The amount for direct supervision and special services for Service Levels 2 and 3 is the amount determined in subsection (6) above.
(e) The amount for direct supervision and special services for Service Level 4 (A-I) is the sum of subsections (b)(6)and (c)(2) above.

Note: Authority cited: Section 4681.1, Welfare and Institutions Code. Reference: Section 4681.1, Welfare and Institutions Code.

History

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

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

3. Editorial correction of subsection (a) (Register 94, No. 50).

4. Editorial correction of subsections (b)(6)(A) amd (c)(3) (Register 95, No. 18).

5. Change without regulatory effect amending section filed 6-19-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 25).