1. (a) Once the Department has established a rate of reimbursement for community-based day program vendors pursuant to Sections 57500 through 57519 for vendors whose temporary payment rate is being converted to a permanent payment rate and vendors whose permanent payment rate is being established or reestablished, or pursuant to Sections 57520 through 57522, for vendors who are requesting a temporary payment rate, a regional center and a vendor may negotiate a service contract for provisions of the vendored service.

2. (b) The service contract shall commence on the date agreed to by the regional center and vendor, and shall terminate on the expiration date specified by the Department in its written notification to the vendor of the established rate, or earlier, if an earlier termination date has been mutually agreed to by the regional center and vendor.

   1. (1) If the service contract terminates on the expiration date specified in the Department's written notification to the vendor of the established rate, the Department shall:

      1. (A) For those vendors whose established rate is a temporary payment rate, establish a permanent payment rate, as applicable, pursuant to Section 57642 or 57652; or

      2. (B) For those vendors whose established rate is a permanent payment rate:

         1. 1. Reestablish the permanent payment rate during Fiscal Year 1996-97, and each alternate fiscal year thereafter, as specified in Section 57640; or
         2. 2. Establish a permanent payment rate during Fiscal Year 1997-98, and each alternate fiscal year thereafter, as specified in Section 57650.
   2. (2) If the service contract terminates prior to the expiration date specified in the Department's written notification to the vendor of the established rate, the vendor shall be reimbursed at the rate established by the Department until the expiration of the established rate.

3. (c) Each regional center and vendor shall mutually agree, in writing, to the:

   1. (1) Level of payment;
   2. (2) Effective date for commencing and terminating payment as determined by the regional center and vendor pursuant to (b) above;
   3. (3) Units of service which the vendor shall use to charge and invoice the regional center for services provided to consumers. The units of service shall include the minimum and maximum number of units of service to be provided during the period specified. Units of service for contracts reimbursed other than a daily or hourly rate shall also be maintained pursuant to Section 50604(d)(3)(A) through (F), as applicable.
4. (d) The level of payment agreed to under the service contract may be less than but shall not exceed the maximum reimbursement possible during the contract period, using the rate established by the Department and the units of service actually provided by the vendor as the basis for determining the maximum reimbursement possible.

5. (e) In addition to the items specified in (a) through (d) above, service contracts negotiated pursuant to the provisions of this section shall include:

   1. (1) The provisions specified in Sections 50607 through 50611; and
   2. (2) A statement that the vendor shall agree to maintain service and program information in accordance with the provisions of Section 50604(d)(1) through (3)(F), as applicable, and Section 57433(b)(1), (2), and (3).
   3. (3) A provision requiring the vendor to submit to the regional center with their billings/invoices the information specified in Section 50604(d)(3)(A) through (F), as applicable, for the billing period.

Note: Authority cited: Chapter 157, Statutes of 2003; Sections 4648(a), 4691 and 4691.5, Welfare and Institutions Code. Reference: Sections 4648(a), 4691 and 4691.5, Welfare and Institutions Code.

History

1. New section 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.

2. New section 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.

3. Certificate of Compliance as to 3-4-92 order including amendment of subsections (c)(3)(A) and (B) transmitted to OAL 6-25-92 and filed 8-6-92 (Register 92, No. 33).

4. Editorial correction of printing error inserting article heading (Register 92, No. 34).

5. 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).

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

7. Amendment of section heading, section and Note filed 8-28-95 as an emergency; operative 8-28-95 (Register 95, No. 35). This amendment is deemed an emergency, is not subject to OAL review, and shall remain in effect until revised or repealed by the Department pursuant to Stats. 1992, ch. 722, sec. 147.

8. Certificate of Compliance as to 8-28-95 order transmitted to OAL 5-16-96 and filed 6-28-96 (Register 96, No. 26).

9. Change without regulatory effect amending subsections (b)(1)(A)-(b)(1)(B)2. and (c)(3) filed 1-17-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 3).

10. Amendment of subsections (c)(3) and (e)(2), new subsection (e)(3) and amendment of Note filed 10-9-2003 as an emergency; operative 10-9-2003 (Register 2003, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-6-2004 or emergency language will be repealed by operation of law on the following day.

11. Amendment of subsections (c)(3) and (e)(2), new subsection (e)(3) and amendment of Note refiled 2-3-2004 as an emergency; operative 2-3-2004 (Register 2004, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-2-2004 or emergency language will be repealed by operation of law on the following day.

12. Amendment of subsections (c)(3) and (e)(2), new subsection (e)(3) and amendment of Note refiled 6-1-2004 as an emergency; operative 6-1-2004 (Register 2004, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-2004 or emergency language will be repealed by operation of law on the following day.

13. Certificate of Compliance as to 6-1-2004 order, including amendment of subsections (c)(3), (e)(2) and (e)(3), transmitted to OAL 9-15-2004 and filed 10-28-2004 (Register 2004, No. 44).