Prior to placing any consumer into an Enhanced Behavioral Supports Home, the vendoring regional center and the vendor shall execute a contract that includes, at a minimum, all of the following:
(a) The names of the regional center and the licensee;(b) The effective date and termination date of the contract;(c) A requirement that, under no circumstances, may the contract extend beyond the stated termination date;(d) A requirement that the execution of any amendment or modification to the contract be in accordance with all applicable laws and be by mutual agreement of both parties;(e) A requirement that the licensee and the agents and employees of the licensee, in the performance of the contract, act in an independent capacity, and not as officers or employees or agents of the regional center or the State;(f) Incorporation, by reference, of the Enhanced Behavioral Supports Home's approved program plan and certificate of program approval as issued by the Department; and(g) Specification of how any portion of the facility rate not funded by a consumer placement will be funded, pursuant to Section 59072(a)(3)(A)-(C).Cal. Code Regs. Tit. 17, § 59064
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 subsections (f)-(g), 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. Renumbering of former article 7 to article 9, renumbering of former section 59064 to 59058 and renumbering and amendment of former section 59057 to section 59064 filed 7-12-2023; operative 7-12-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 28). Note: Authority cited: Section 4684.86, Welfare and Institutions Code. Reference: Sections 4684.82, 4684.86 and 4684.87, 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 transmitted to OAL 3-27-2017 and filed 5-9-2017 (Register 2017, No. 19).
3. Renumbering of former article 7 to article 9, renumbering of former section 59064 to 59058 and renumbering and amendment of former section 59057 to section 59064 filed 7-12-2023; operative 7/12/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 28).