Cal. Code Regs. tit. 17 § 58884

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 58884 - Definitions

(a) The following definitions shall apply to the language contained in Subchapter 22 of these regulations:

(1) Participant-Directed Services means those services described in California Code of Regulations, Title 17, Section 58886(a) and includes the adult consumer or family member exercising decision-making authority over specified services.

(2) Co-Employer means the vendored adult consumer or family member who manages employees that provide specified Participant-Directed Services and who works with the Financial Management Service Co-Employer. The Co-Employer makes recommendations to the Financial Management Services Co-Employer on who to hire to perform a specified Participant-Directed Service.

(3) Employer means the vendored adult consumer or family member who hires and engages an employee or procures an entity to perform a specified Participant-Directed Service.

(4) Financial Management Service Co-Employer (FMS Co-Employer) means a vendored entity that functions with the Co-Employer to hire an employee pursuant to the Co-Employer's recommendation and pays the employee to perform the Participant-Directed Services.

(5) Financial Management Service Fiscal/Employer Agent (FMS F/EA) means the vendored entity that functions as the adult consumer's agent or family member's agent in performing payroll duties according to IRS regulations, processing payments for the reimbursement of goods and services, and performing other employer responsibilities that are required by federal and state law. Under this arrangement the adult consumer or family member is the employer.

(6) Individual Family Service Plan (IFSP) has the meaning specified in California Code of Regulations, Title 17, Section 52100.

(b) As used in this subchapter, the following terms shall have the meanings specified in California Code of Regulations, Title 17, Section 54302:

(1) Adult;

(2) Consumer;

(3) Family member

(4) Individual Program Plan (IPP); and

(5) Vendor.

Cal. Code Regs. Tit. 17, § 58884

1. Adoption of subsections (a)(2) and (a)(4) filed 8-29-2011 as a deemed emergency pursuant to Welfare and Institutions Code section 4688.21; operative 8-29-2011 (Register 2011, No. 35). A Certificate of Compliance must be transmitted to OAL within 24 months or emergency language will be repealed by operation of law on the following day.
2. Adoption of subsections (a)(1), (a)(3), (a)(5)-(6) and (b) filed 8-29-2011 as a deemed emergency pursuant to Welfare and Institutions Code section 4648.12; operative 8-29-2011 (Register 2011, No. 35). A Certificate of Compliance must be transmitted to OAL within 18 months or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-29-2011 orders transmitted to OAL 1-25-2013 and filed 3-11-2013 (Register 2013, No. 11).

Note: Authority cited: Sections 4405, 4648(a), 4648.12(c)(1)(B) and 4688.21(d), Welfare and Institutions Code; and Section 11152, Government Code. Reference: Sections 4631, 4648(a), 4648.12(c) and 4688.21, Welfare and Institutions Code; 42 U.S.C. Section 1396n(c) (Section 1915(c) of the Social Security Act).