1. (a) Regional centers shall pay residential service providers monthly at the rate established by the Department pursuant to Section 56902(b) and (c).
2. (b) The source of funds for the monthly payment of residential service providers shall consist of the Regional Center Supplement and, where appropriate, any Supplemental Security Income (SSI) and State Supplemental Program (SSP) funds for which the consumer is eligible minus the consumer's Personal and Incidental Allowance as defined in Title 17, California Code of Regulations, Section 56002(a)(26).

3. (c) When the regional center has been appointed as the consumer's representative payee for the consumer's SSI/SSP payment, the regional center shall:

   1. (1) Forward that portion of the consumer's Personal and Incidental Allowance which is not conserved by the regional center on the consumer's behalf to the consumer no later than the 10th day of the month in which the regional center receives the consumer's SSI/SSP payment; and
   2. (2) Forward the consumer's SSI/SSP payment to the residential service provider no later than the 10th day of the month following the month in which the regional center receives the consumer's SSI/SSP payment.

4. (d) The regional center shall reimburse the residential service provider in arrears with funds from the Regional Center Supplement for that portion of the residential rate which exceeds the amount of the consumer's SSI/SSP payment.

   1. (1) The regional center shall not increase the amount of the Regional Center Supplement when:

      1. (A) The residential service provider has been appointed as the consumer's representative payee for the consumer's SSI/SSP payment; and

      2. (B) The amount of the consumer's SSI/SSP payment is temporarily reduced or terminated due to:

         1. 1. The representative payee's failure to submit required documentation; and/or
         2. 2. The accumulation of consumer funds to the extent that the amount of the consumer's SSI/SSP payment is reduced or the consumer's eligibility for SSI/SSP is terminated.

5. (e) All consumer SSI/SSP funds which have been conserved by the regional center shall be deposited in an interest-bearing account in a local bank, savings and loan or credit union authorized to do business in California, the deposits of which are insured by a branch of the Federal Government. The account shall meet the following requirements:

   1. (1) The account shall be maintained as a trust account separate from the accounts of the regional center; and
   2. (2) The account title shall clearly note that the account contains consumer cash resources.
6. (f) The regional center shall provide access to the consumer's cash resources when requested by the consumer or his/her authorized representative.
7. (g) All interest accruing to funds conserved by the regional center on behalf of a consumer in an account pursuant to Section 56917(e) shall be the property of the consumer.

8. (h) The established rate shall be paid for the full month when the consumer is temporarily absent from the facility 14 days or less per month.

   1. (1) When the consumer's temporary absence is due to the need for inpatient care in a health facility as defined in Health and Safety Code Section 1250(a), (b) or (c) the regional center shall continue to pay the established rate as long as no other consumer occupies the vacancy created by the consumer's temporary absence, or until the ID Team has determined that the consumer will not return to the facility.
9. (i) The established rate shall be prorated for a partial month of service in all other cases by dividing the established rate by 30.44, then multiplying by the number of days the consumer resided in the facility.

Note: Authority cited: Sections 4648, 4681.1 and 4791(i), Welfare and Institutions Code; Chapter 722, Statutes of 1992, Section 147. Reference: Sections 4648, 4659(a), 4681.1 and 4791(i), Welfare and Institutions Code.

History

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

2. Amendment of subsections (a) and (b) and 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. Amendment of subsections (a) and (b) and 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 amendment of subsection (a), designation of former text of subsection (a) to subsection (b), new subsections (c)-(g), renumbering and amendment of former subsection (b) to (h), new subsection (h)(1) and renumbering of former subsection (c) to (i) 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).

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

9. Editorial correction of subsection (g) (Register 95, No. 18).

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