Statutes, codes, and regulations
California Code Of Regulations
Title 17 - Public HealthDivision 2 - Health and Welfare Agency-Department of Developmental Services RegulationsChapter 1 - General ProvisionsSubchapter 6 - Service Provider Accountability
Article 1 - General Provisions
Section 50603 - Access to Service Provider Records

Cal. Code Regs. tit. 17 § 50603

Download
PDF
Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 50603 - Access to Service Provider Records
(a) The service provider shall permit right of access to:
(1) Any books, documents, papers, computerized data, source documents, consumer records, or other records of the service provider pertaining to the service program and/or provision of services to persons with developmental disabilities. All consumer records shall be treated as confidential.
(2) Any facilities belonging to or used by the service provider pertaining to the service program and/or the provision of services to persons with developmental disabilities.
(b) The right of access referred to in Section 50603(a) shall be applicable to the Department, regional center, or any other authorized agency representative and to the California Department of Health Services and the United States Department of Health and Human Services when federal government funds are involved in the payment for services.
(c) Such access shall be permitted after proper identification is provided and the reason for the visit stated.
(d) The right of access in this section shall be used to audit, review, examine, excerpt, reproduce, and/or make transcripts.
(e) The rights of access in this section shall not be limited to the required record retention period as specified in Section 50605(a).
(f) All service provider records, including corporate records, shall be made immediately available to persons specified in Section 50603(b) for purposes specified in Section 50603(d) above.
(g) The rights of access in this section shall not be limited by a requirement of prior notice. Access without prior notice shall be limited to situations where the Department or regional center determines that the purpose of the access would be thwarted if advance notice were given such as in the case of suspected fraud, imminent destruction of records or similar circumstances.
(h) Access to any records pertaining to any regional center consumer in the facility or to the operation of the facility, to the extent such operation pertains to the service program and/or the provision of services to persons with developmental disabilities, shall be provided upon request and in accord with confidentiality statutes.
(i) If requested by regional center staff, the service provider shall make provision for a regional center consumer to be interviewed in private. The written consent of the consumer or, where appropriate, the parent, guardian or conservator shall be obtained before the interview is conducted. A third party of the consumer's choice may be present during the interview if the consumer so desires.

Cal. Code Regs. Tit. 17, § 50603

1. New section filed 9-22-89; operative 10-22-89 (Register 89, No. 40).
2. Amendment of subsection (b) 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.
3. Amendment of subsection (b) 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.
4. Certificate of Compliance as to 3-4-92 order including amendment of NOTE and HISTORY 3 transmitted to OAL 6-25-92 and filed 8-6-92 (Register 92, No. 33).
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. Editorial correction of printing error deleting duplicate section (Register 94, No. 17).
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 subsections (a)(1), (h) and (i) filed 1-17-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 3).

Note: Authority cited: Sections 4405 and 4648.2, Welfare and Institutions Code; and Section 11152, Government Code. Reference: Section 4648.1, Welfare and Institutions Code; Section 11152, Government Code; and Section 1902(a)(4) and (a)(27), Social Security Act, Title 42 CFR, Code of Federal Regulations, CFR 431.107(b).

1. New section filed 9-22-89; operative 10-22-89 (Register 89, No. 40).
2. Amendment of subsection (b) 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.
3. Amendment of subsection (b) 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.
4. Certificate of Compliance as to 3-4-92 order including amendment of Note and History 3 transmitted to OAL 6-25-92 and filed 8-6-92 (Register 92, No. 33).
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. Editorial correction of printing error deleting duplicate section (Register 94, No. 17).
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 subsections (a)(1), (h) and (i) filed 1-17-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 3).