1. (a) Department review procedures are as follows:

   1. (1) For vendors whose temporary payment rates are being converted to permanent payment rates, and for vendors whose permanent payment rate is being established, the Department shall:

      1. (A) Within five days from receipt of the information required from the vendor, send a written notification to the vendoring regional center which shall indicate that the Department has received the information; and

      2. (B) Upon receipt of the information required from the vendoring regional center pursuant to Section 57440, or within 50 days of receipt of the information required from the vendor:

         1. 1. Review the information to determine if it is complete and complies with the requirements of Sections 57422, and 57433 through 57439; and
         2. 2. Determine the annual number of direct service hours allowed or required in order to maintain the approved staffing ratio pursuant to Section 57444.
   2. (2) For vendors who are requesting a temporary payment rate, the Department shall, within 30 days of receipt of the information required from the vendor, review the information to determine if it is complete and complies with the requirements of Section 57433.

2. (b) If the information is complete and complies with the requirements of:

   1. (1) Sections 57422, and 57433 through 57439, the Department shall, for those vendors identified in (a)(1), establish a permanent payment rate pursuant to Sections 57500 through 57519; or
   2. (2) Section 57433, the Department shall, for those vendors identified in (a)(2), establish a temporary payment rate pursuant to Sections 57520 and 57522.

3. (c) If the information is not complete or does not comply with the requirements of Sections 57422, and 57433 through 57439, for establishment of a permanent payment rate, or Section 57433, for establishment of a temporary payment rate:

   1. (1) The Department shall, within the time specified in (a)(1)(B) or (a)(2):

      1. (A) Make a written request to the vendor for any additional or clarifying information; and
      2. (B) Send a copy of the request to the vendoring regional center and utilizing regional center(s), if any.

   2. (2) The vendor shall submit the required information to the Department with a copy to the vendoring and utilizing regional center(s), if any, within 15 days from receipt of the Department's written request:

      1. (A) If the vendor submits the required information within the time specified, and it is complete and complies with the requirements of:

         1. 1. Sections 57422, and 57433 through 57439, the Department shall, for those vendors identified in (a)(1), establish a permanent payment rate pursuant to Sections 57500 through 57519; or
         2. 2. Section 57433, the Department shall, for those vendors identified in (a)(2), establish a temporary payment rate pursuant to Sections 57520 and 57522.

      2. (B) If the vendor fails to submit the required information within the time specified, the Department shall notify, in writing, the vendor, the vendoring regional center, and utilizing regional center(s), if any, of the following:

         1. 1. For those vendors identified in (a)(1):

            1. a. That unless their rate has expired, payment of their rate shall be suspended within 15 days from the date of the Department's written notification; and
            2. b. That payment shall remain suspended until the required information is received.
         2. 2. For those vendors identified in (a)(2), that the Department shall take no further action on their rate request until all required information has been received.

      3. (C) If the required information is received after the vendoring regional center and utilizing regional center(s), if any, have suspended payment of the vendor's rate pursuant to (B)1. or 2. and the information is complete and it complies with the requirements of:

         1. 1. Sections 57422, and 57433 through 57439, the Department shall, for those vendors identified in (a)(1) :

            1. a. Establish a permanent payment rate pursuant to Sections 57500 through 57519; and
            2. b. Authorize the vendoring regional center and utilizing regional center(s), if any, to reinstate payment of the vendor's rate as of the date payment was suspended. The reinstated rate shall be effective until the new permanent payment rate is effective.
         2. 2. Section 57433, the Department shall, for those vendors identified in (a)(2), establish a temporary payment rate pursuant to Sections 57520 and 57522.

Note: Authority cited: Sections 4691 and 4691.5, Welfare and Institutions Code. Reference: Sections 4691 and 4691.5, Welfare and Institutions Code.

History

1. New section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36). A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 6-26-90 order transmitted to OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).

3. Amendment of subsections (a)(1)(B)1, (b)(1), (c), (c)(2)(A)1, (c)(2)(c)1 and Note filed 11-5-91 as an emergency; operative 11-5-91 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 3-4-92 or emergency language will be repealed by operation of law on the following day.

4. Amendment of subsections (a)(1)(B)1, (b)(1), (c), (c)(2)(A)1, (c)(2)(C)1 and Note refiled 3-4-92 as an emergency; operative 3-4-92 (Register 92, No. 25). 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.

5. Certificate of Compliance as to 3-4-92 order transmitted to OAL 6-25-92 and filed 8-6-92 (Register 92, No. 33).

6. Amendment of section filed as an emergency 6-17-93; operative 6-17-93. Submitted to OAL for printing only pursuant to SB485 (Chapter 722, Statutes of 1992) Section 147(a) (Register 93, No. 26).

7. Certificate of Compliance as to 6-17-93 order transmitted to OAL 6-20-94 and filed 8-2-94 (Register 94, No. 31).

8. Change without regulatory effect amending subsection (a)(1) filed 1-17-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 3).