Cal. Code Regs. tit. 17 § 54322

Current through Register 2024 Notice Reg. No. 19, May 10, 2024

Section 54322 - Regional Center Approval/Denial of Vendorization

(a) The vendoring regional center shall approve vendorization within 45 days of receipt of all information which specifies that the applicant is in compliance with Section 54320(a).

(b) The vendoring regional center shall select criteria to apply in vendoring family home agencies (FHAs), including but not limited to, the following:

(1) The FHA's potential for providing cost-effective quality services and supports;

(2) The degree to which consumer choice regarding the provision of services and supports is identified as a factor in the FHA's program design;

(3) The experience of the FHA or key agency personnel in providing the same or comparable services;

(4) The reasonableness of the FHA's overhead;

(5) The capability of the regional center to monitor and evaluate the FHA; and

(6) The need for service.

(c) The regional center shall not approve vendorization of the FHA until completion of the criminal record review required by Title 17, Section 56085(a) and (b).

(d) The vendoring regional center shall issue an approval letter pursuant to (a) above to the vendor specifying all of the following:

(1) That the vendor is approved to provide the specified vendored services to consumers;

(2) That the statewide vendor panel reflects (1) above;

(3) The vendor identification number pursuant to Section 54340 of these regulations;

(4) The approved service code pursuant to Sections 54342 through 54358 of these regulations;

(5) The subcode, if applicable, pursuant to Section 54340 of these regulations;

(6) The approved staffing ratio for community-based day programs pursuant to Section 56756 or 56772 of these regulations;

(7) The approved facility service type and/or service level for residential services, as applicable;

(8) The process by which consumers are referred to the vendor and authorized to receive services;

(9) That vendorization is valid during the effective period of any license, credential, registration, certificate or permit required, and that vendorization shall not continue if the required document is suspended or revoked; and

(10) That vendorization does not guarantee that any consumers will be placed or referred to the vendor by the regional center.

(e) A vendoring regional center shall deny an application for vendorization within 45 days of receipt of a completed vendor application if the applicant fails to comply with the requirements of Section 54320(a) of these regulations, as applicable.

(f) The vendoring regional center shall notify the applicant, in writing, of the denial pursuant to (e) above and the reason for such denial. The notification shall also include:

(1) A statement that the applicant may appeal the action pursuant to Section 54380(a) of these regulations;

(2) A statement that failure to file an appeal within 30 days shall result in denial of the appeal pursuant to Sections 54380(b) and (d) of these regulations; and

(3) An explanation of the appropriate appeal procedures pursuant to Sections 54380 through 54390 of these regulations.

Cal. Code Regs. Tit. 17, § 54322

1. New section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 35). 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 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 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 including repealer of subsections (a), (b)-(b)(5) and (d)(1) and subsection relettering and amendments 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. Editorial correction of subsections (b)(3)-(4) (Register 95, No. 30).
9. New subsections (b)-(c), subsection relettering, amendment of newly designated subsection (f) and amendment of NOTE filed 7-24-95 as an emergency; operative 7-24-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-21-95 or emergency language will be repealed by operation of law on the following day.
10. New subsections (b)-(c), subsection relettering, amendment of newly designated subsection (f) and amendment of NOTE refiled 11-14-95 as an emergency; operative 11-14-95 (Register 95, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-13-96 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 7-24-95 order including amendment of subsection (b)(4)-(5), new subsection (b)(6) and amendment of subsection (c) transmitted to OAL 1-8-96 and filed 2-22-96 (Register 96, No. 8).
12. Change without regulatory effect amending subsections (d)(1), (d)(8) and (d)(10) filed 1-17-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 3).

Note: Authority cited: Chapter 722, Statutes of 1992, Section 147; Sections 4405, 4648(a), 4689.1 and 4791(i), Welfare and Institutions Code; and Section 11152, Government Code; Chapter 1095, Statutes of 1994, Section 14. Reference: Sections 4631, 4648(a), 4689.1 and 4791, Welfare and Institutions Code.

1. New section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 35). 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 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 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 including repealer of subsections (a), (b)-(b)(5) and (d)(1) and subsection relettering and amendments 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. Editorial correction of subsections (b)(3)-(4) (Register 95, No. 30).
9. New subsections (b)-(c), subsection relettering, amendment of newly designated subsection (f) and amendment of Note filed 7-24-95 as an emergency; operative 7-24-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-21-95 or emergency language will be repealed by operation of law on the following day.
10. New subsections (b)-(c), subsection relettering, amendment of newly designated subsection (f) and amendment of Note refiled 11-14-95 as an emergency; operative 11-14-95 (Register 95, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-13-96 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 7-24-95 order including amendment of subsection (b)(4)-(5), new subsection (b)(6) and amendment of subsection (c) transmitted to OAL 1-8-96 and filed 2-22-96 (Register 96, No. 8).
12. Change without regulatory effect amending subsections (d)(1), (d)(8) and (d)(10) filed 1-17-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 3).