Section 59072 - Establishment of Rates(a) Enhanced Behavioral Supports Home Facility Component -- Service Code 900. (1) An Enhanced Behavioral Supports Home shall complete one Department form DS 6023 (Rev 9/2021) entitled "Rate Development -- Facility Costs" for the facility, incorporated herein.(2) The rate of payment for the Enhanced Behavioral Supports Home Facility Component may not exceed the maximum rate of reimbursement as specified below:(A) The monthly rate of reimbursement to any Enhanced Behavioral Supports Homes vendor for the facility component may not exceed the rate limit determined by the Department.(B) The rate limit is subject to the appropriation of funds pursuant to the Budget Act of each fiscal year.(3) Facility rate payment.(A) The monthly facility rate is pro-rated by the licensed capacity of the facility. Portions not funded by a consumer placement are paid through the contract.(B) Prior to the facility reaching licensed capacity, the facility rate is paid based on the licensed capacity of the facility, with vacancies funded through the contract. At six months from the initial placement in the facility, and at each subsequent 30 days, the vendor and regional center shall meet to determine if the portion of the facility rate funded through the contract due to the unfilled beds will continue.(C) Once the facility reaches maximum capacity, the facility rate is paid based on the licensed capacity of the facility, despite temporary consumer absences or subsequent temporary vacancies, with vacancies funded through the contract. For purposes of this section, "temporary vacancy" means a vacancy of 60 days or fewer. At 60 days of temporary vacancy, and at each subsequent 30 days, the vendor and regional center shall meet to determine if the portion of the facility rate funded through the contract due to the temporary vacancy will continue.(D) The established facility rate is prorated for a partial month of service when a consumer is discharged from the facility by dividing the established rate by 30.44, then multiplying the quotient by the number of days the consumer resided in the facility.(b) Enhanced Behavioral Supports Home Individualized Services and Supports Component -- Service Code 901. (1) An Enhanced Behavioral Supports Home shall complete one Department form DS 6024 (Rev 9/2021) entitled "Rate Development -- Individual Costs Associated with Residency", incorporated herein, for each consumer to establish the consumer's individual rate.(2) The rate of payment for the Enhanced Behavioral Supports Home Individualized Services and Supports Component may not exceed the maximum rate of reimbursement as specified below: (A) The monthly rate of reimbursement to any Enhanced Behavioral Supports Home for any consumer's individualized services and supports may not exceed the rate limit determined by the Department.(B) The rate limit is subject to the appropriation of funds pursuant to the Budget Act of each fiscal year.(3) Individualized services and supports rate payment:(A) The established individualized services and supports rate may be paid by the regional center for the full month when the consumer is temporarily absent from the facility 14 days or less per month.(B) When the consumer's temporary absence is due to the need for inpatient care in a health facility, as defined in subdivision (a), (b), or (c) of Section 1250 of the Health and Safety Code, the regional center may continue to pay the established individualized services and supports rate as long as no other consumer occupies the vacancy created by the consumer's temporary absence, or until the Individual Behavior Supports Team has determined that the consumer will not return to the facility. Individualized services and supports funded by a regional center during a consumer's absence from the facility must be approved by the regional center director and may only be approved in 14 day increments. The facility shall continue to provide direct supervision and special services as needed during a consumer's temporary absence to continue to receive payment of the individualized services and supports rate.(C) The established individualized services and supports rate is prorated for a partial month of service in all other cases by dividing the established rate by 30.44, then multiplying the quotient by the number of days the consumer resided in the facility.(c) Administrative costs may not exceed 15% pursuant to Section 4629.7 of the Welfare and Institutions Code.(d) Department Forms DS 6023 and DS 6024 are hereby incorporated by reference.Cal. Code Regs. Tit. 17, § 59072
1. New section filed 2-5-2016 as a deemed emergency pursuant to Welfare and Institutions Code section 4684.86; operative 2-5-2016 (Register 2016, No. 6). A Certificate of Compliance must be transmitted to OAL within 24 months. The emergency regulations may be readopted and remain in effect until approval of the Certificate of Compliance.
2. Certificate of Compliance as to 2-5-2016 order, including new article heading and amendment of section, transmitted to OAL 3-27-2017 and filed 5-9-2017; amendments operative 5-9-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 19).
3. Amendment of Department forms DS 6023 and DS 6024 (incorporated by reference) and amendment of subsections (a)(1) and (b)(1) filed 6-25-2021 as a deemed emergency; operative 6-25-2021 (Register 2021, No. 26). Pursuant to Welfare and Institutions Code section 4684.86, a Certificate of Compliance must be transmitted to OAL by 6-25-2023 or emergency language will be repealed by operation of law on the following day.
4. Amendment of Department forms DS 6023 and DS 6024 (incorporated by reference) and amendment of subsections (a)(1) and (b)(1) refiled 4-25-2022 as a deemed emergency; operative 4-25-2022 (Register 2022, No. 17). Pursuant to Welfare and Institutions Code section 4684.86, a Certificate of Compliance must be transmitted to OAL by 6-25-2023 or emergency language will be repealed by operation of law on the following day.
5. Amendment of Department forms DS 6023 and DS 6024 (incorporated by reference) and amendment of subsections (a)(1) and (b)(1) refiled 7-25-2022 as a deemed emergency; operative 7-25-2022 (Register 2022, No. 30). Pursuant to Welfare and Institutions Code section 4684.86, a Certificate of Compliance must be transmitted to OAL by 6-25-2023 or emergency language will be repealed by operation of law on the following day.
6. Updating certificate of compliance information in History 3, 4 and 5.
7. Certificate of Compliance as to 7-25-2022 order, including amendment of section, transmitted to OAL 5-30-2023 and filed 7-12-2023; amendments effective 7-12-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 28). Note: Authority cited: Sections 4684.81 and 4684.86, Welfare and Institutions Code. Reference: Sections 4684.81 and 4684.86, Welfare and Institutions Code.
1. New section filed 2-5-2016 as a deemed emergency pursuant to Welfare and Institutions Code section 4684.86; operative 2-5-2016 (Register 2016, No. 6). A Certificate of Compliance must be transmitted to OAL within 24 months. The emergency regulations may be readopted and remain in effect until approval of the Certificate of Compliance.
2. Certificate of Compliance as to 2-5-2016 order, including new article heading and amendment of section, transmitted to OAL 3-27-2017 and filed 5-9-2017; amendments operative 5-9-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 19).
3. Amendment of Department forms DS 6023 and DS 6024 (incorporated by reference) and amendment of subsections (a)(1) and (b)(1) filed 6-25-2021 as an emergency; operative 6/25/2021 (Register 2021, No. 26). Emergency expiration extended 60 days pursuant to Executive Order N-40-20 plus an additional 60 days pursuant to Executive Order N-71-20. A Certificate of Compliance must be transmitted to OAL by 4-22-2022 or emergency language will be repealed by operation of law on the following day.
4. Amendment of Department forms DS 6023 and DS 6024 (incorporated by reference) and amendment of subsections (a)(1) and (b)(1) refiled 4-25-2022 as an emergency; operative 4/25/2022 (Register 2022, No. 17). A Certificate of Compliance must be transmitted to OAL by 7-25-2022 or emergency language will be repealed by operation of law on the following day.
5. Amendment of Department forms DS 6023 and DS 6024 (incorporated by reference) and amendment of subsections (a)(1) and (b)(1) refiled 7-25-2022 as an emergency; operative 7/25/2022 (Register 2022, No. 30). A Certificate of Compliance must be transmitted to OAL by 10-24-2022 or emergency language will be repealed by operation of law on the following day.
6. Updating certificate of compliance information in History 3, 4 and 5.
7. Certificate of Compliance as to 7-25-2022 order, including amendment of section, transmitted to OAL 5-30-2023 and filed 7-12-2023; amendments effective 7/12/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 28).