Section 57444 - Determination of the Direct Service Hours Allowed or Required to Maintain the Approved Staffing Ratio(a) For determining the mean and allowable range of rates, the Department shall review the program information reported pursuant to section 57433 to determine if the vendor's annual number of direct service hours actually provided to consumers is greater or less than the direct service hours allowed or required in order to maintain the staffing ratio approved by the Department, pursuant to section 56756 or 56772.(b) The Department shall determine the annual number of direct service hours allowed using the program information reported pursuant to section 57433, the approved staffing ratio and the total number of consumers enrolled: (1) For activity centers, adult development centers, and behavior management programs:(A) For each month in the reporting period determine the total monthly direct service hours by:1. Multiplying the reported number of direct service hours operated per-day, by the reported number of days in which service was actually provided; and2. Multiplying the amount computed in 1. by the reported consumer enrollment.(B) Add together the total computed for each month pursuant to (A); and(C) Divide the total computed in (B) by the approved staffing ratio to compute the annual number of direct service hours allowed, based on the approved staffing ratio.(2) For social recreation programs, independent living programs, and infant development programs:(A) Determine the total number of direct service hours authorized by adding together the authorized direct service hours reported for each month of the reporting period; and(B) Divide the total computed in (A) by the approved staffing ratio to compute the annual number of direct service hours allowed, based on the approved staffing ratio.(c) The Department shall determine the annual number of direct service hours required using the program information reported pursuant to section 57433, the approved staffing ratio and the number of consumers in attendance:(1) For activity centers, adult development centers, and behavior management programs: (A) For each month of the reporting period determine the total monthly direct services hours by multiplying the reported number of actual days of attendance by the reported number of direct service hours operated per-day;(B) Add together the total computed for each month pursuant to (A); and(C) Divide the total computed in (B) by the approved staffing ratio to compute the annual number of direct service hours required to maintain the approved staffing ratio.(2) For social recreation programs, independent living programs, and infant development programs: (A) Determine the total number of direct service hours actually provided by adding together the total reported hours of attendance for each month of the reporting period; and(B) Divide the total computed in (A) by the approved staffing ratio to compute the annual number of direct service hours required to maintain the approved staffing ratio.(d) Determine the annual number of direct service hours actually provided by direct care staff by adding together the reported number of direct service hours for each month of the reporting period.(e) The annual number of direct service hours actually provided by direct care staff, as computed in (d), shall be compared with the annual number of direct service hours allowed, based on the approved staffing ratio, as computed in (b)(1) or (2), and with the annual number of direct service hours required, based on the approved staffing ratio, as computed in (c)(1) or (2). (1) If the amount computed in (d) exceeds the amount computed in (b)(1) or (2), then the number of direct service hours provided exceeds the number of direct service hours allowed, and the Department shall decrease the total salary and wage and fringe benefit costs, reported pursuant to sections 57434(e)(1)(A) and (a)(2), by the cost of the excess direct service hours, as follows:(A) Determine the excess direct service hours by subtracting the amount computed in (b)(1) or (2) from the amount computed in (d);(B) Multiply the amount computed in (A) by the average hourly salary and wage and fringe benefit costs reported pursuant to section 57434(a)(1)(B); and(C) Subtract the amount computed in (B) from the total salary and wage and fringe benefit costs reported pursuant to sections 57434(a)(1)(A) and (a)(2). This amount shall then be used in step two, section 57511(a)(2).(2) If the amount computed in (d) is less than the amount computed in (c)(1) or (2), then the number of direct service hours provided is less than the number of direct service hours, required, and the Department shall exclude the vendor's costs in determining the mean and allowable range of rates pursuant to step three, section 57512(a)(1)(B).(3) If the amount computed in (d) is equal to or exceeds the amount computed in (c)(1) or (2), but does not exceed the amount computed in (b)(1) or (2), then the number of direct service hours provided is within the number of direct service hours allowed and required to maintain the approved staffing ratio, and the Department shall make no adjustment to the total salary and wage and fringe benefit costs reported pursuant to sections 57434(a)(1)(A) and (a)(2), except for non-allowable costs identified in section 57436.Cal. Code Regs. Tit. 17, § 57444
1. New section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36). A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-26-90 order transmitted to OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).
3. Change without regulatory effect amending subsections (a), (b), (b)(1)(A), (c) and (e)(2) filed 1-17-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 3). Note: Authority cited: Sections 4691 and 4691.5, Welfare and Institutions Code. Reference: Sections 4691 and 4691.5, Welfare and Institutions Code.
1. New section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36). A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-26-90 order transmitted to OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).
3. Change without regulatory effect amending subsections (a), (b), (b)(1)(A), (c) and (e)(2) filed 1-17-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 3).