Section 58888 - General Provisions for Rate-Setting and Reimbursements(a) The Participant-Directed Service(s), and units of service shall be determined through the IPP process pursuant to Welfare and Institutions Code Sections 4646 and 4646.5. The rate of payment for the service shall not exceed the maximum rate of reimbursement as specified below:(1) Participant-Directed Day Care Service--Family Member--Service Code 455--the usual and customary rate, as defined in California Code of Regulations, Title 17, Section 57210(a)(19), which the direct provider of the service charges or, if the direct provider of the service does not have an established usual and customary rate, a negotiated rate pursuant to California Code of Regulations, Title 17, Section 57300(e);(2) Participant-Directed Nursing Service--Family Member--Service Code 460--the Schedule of Maximum Allowances for the Home and Community Based Services, In-Home Medical Care Waiver Program, as developed by the Department of Health Care Services;(3) Participant-Directed Respite Service--Family Member--Service Code 465--the rate established pursuant to California Code of Regulations, Title 17, Section 57310(b)(3);(4) Participant-Directed Transportation--Family Member--Service Code 470--the standard rate schedule developed by the regional center pursuant to California Code of Regulations, Title 17, Section 58543; and(5) Participant-Directed Community-Based Training Service--Service Code 475-- The rate established pursuant to Welfare and Institution Code section 4688.21, subdivision (c)(7). The rate includes employer-related taxes and all transportation needed to implement the service, except that the consumer shall also be eligible for a regional center-funded bus pass, if appropriate and needed.(6) Participant-Directed Personal Assistant--Service Code 456--the rate methodology established is the current state minimum wage plus 7% and to that number add 21% for fringe benefits per consumer per hour.(7) Participant-Directed Independent Living Individual--Service Code 457--the rate methodology established is the current state minimum wage plus 11% and to that number add 22% for fringe benefits per consumer per hour.(8) Participant-Directed Supported Employment--Service Code 458--the rate methodology established is the current state minimum wage plus 56% and to that number add 22% for fringe benefits per consumer per hour.(b) The regional center shall authorize a rate of payment for the FMS F/EA and FMS Co-Employer as follows:(1) For FMS FE/A services as described in Section 58887(a) and (b): (A) A rate not to exceed a maximum of $45.88 per consumer per month for one Participant-Directed Service; or(B) A rate not to exceed a maximum of $71.37 per consumer per month for two or three Participant-Directed Services; or(C) A rate not to exceed a maximum of $96.86 per consumer per month for four or more Participant-Directed Services.(2) For FMS Co-Employer services as described in Sections 58887(a) and (c) a rate not to exceed a maximum of $96.86 per consumer per month for one to four Co-Employer services.(c) The regional center shall name the FMS Co-Employer--Service Code 491, and/or the FMS F/EA--Service Code 490, as the vendor of record for the purchase of service authorizations for the Participant-Directed Services identified in the consumer's IPP. The authorization shall have an effective date for services or payments no sooner than October 1, 2011.Cal. Code Regs. Tit. 17, § 58888
1. Adoption of article 3 (section 58888) and subsection (a)(5) 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)-(a)(4) and (b)-(c) 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).
4. Amendment of subsection (a)(5), new subsections (a)(6)-(8) and (b)(1)(A)-(b)(2) filed 9-15-2022; operative 9-16-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 37). Amendment of rates exempt from the APA and OAL review pursuant to Government Code section 11340.9(g). Note: Authority cited: Sections 4405, 4648(a), 4648.12(c)(1)(B), 4688.21(d) and 4690, Welfare and Institutions Code; and Section 11152, Government Code. Reference: Sections 4631, 4648(a) and 4648.12(c), Welfare and Institutions Code.
1. Adoption of article 3 (section 58888) and subsection (a)(5) 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)-(a)(4) and (b)-(c) 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).
4. Amendment of subsection (a)(5), new subsections (a)(6)-(8) and (b)(1)(A)-(b)(2) filed 9-15-2022; operative 9/16/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 37). Amendment of rates exempt from the APA and OAL review pursuant to Government Code section 11340.9(g).