Section 2006.55 - Requirements for Wellness Program VendorsIf the Board uses a private-sector wellness program services vendor, all of the following shall apply:
(a) The vendor shall comply with all of the following:(1) The vendor is fully responsible for the acts and omissions of its subcontractors and persons either directly or indirectly employed by any of them. No subcontract shall relieve the vendor of its responsibilities and obligations. All state policies, guidelines, and requirements apply to all subcontractors.(2) If a subcontractor fails to provide effective or timely services, but not limited to any other subcontracted services, the vendor shall terminate services of said subcontractor within thirty (30) business days of notification of failure to provide adequate services.(3) The vendor shall notify the Board within five (5) business days of termination of said subcontractor.(b) An external audit shall be conducted at least once every three (3) years by a qualified, independent reviewer or review team from outside the California Department of Consumer Affairs with no real or apparent conflict of interest with the vendor providing the monitoring services. The independent reviewer or review team shall consist of individuals who are competent in the professional practice of internal auditing and assessment processes and qualified to perform audits of monitoring programs.(c) The audit in subsection (b) shall assess the vendor's performance in adhering to the uniform standards established by the Board. The reviewer shall provide a report of their findings to the Board by June 30 of each three (3) year cycle. The report shall identify any material inadequacies, deficiencies, irregularities, or other non-compliance with the terms of the vendor's monitoring services that would interfere with the Board's mandate of public protection.(d) The Board and the California Department of Consumer Affairs shall respond to the findings in the audit report.Cal. Code Regs. Tit. 16, § 2006.55
Note: Authority cited: Sections 315 and 4808, Business and Professions Code. Reference: Section 315, Business and Professions Code.
1. New section filed 2-12-2024; operative 4/1/2024 (Register 2024, No. 7).