Cal. Code Regs. tit. 22 § 54433

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 54433 - Subcontracts
(a) All subcontracts shall be in writing.
(b) Each subcontract shall be submitted to the Department at least 60 days prior to the effective date. If the Department does not formally act on a subcontract within 60 days after receipt, the adult day health care provider may use the services of the subcontractor.
(c) Each subcontract shall include at least the following:
(1) Full disclosure of the amount of compensation or other consideration to be received by the subcontractor from the adult day health center. That requirement provision shall not apply to subcontracts with providers employed or salaried by the adult day health care provider.
(2) Specification of the services to be provided and the times and days when these services are available to members.
(3) A provision that the subcontract shall be governed by and construed in accordance with all laws, regulations and contractual obligations incumbent upon the adult day health care provider.
(4) A provision that the Department and the Department of Health, Education and Welfare shall have the right to inspect or reproduce all books and records of the subcontractor as they relate to the provision of goods and services under the terms of the subcontract. Such books and records shall be available for inspection or reproduction at all reasonable times at the subcontractor's place of business for a term of at least four years from the effective date of the subcontract.
(5) A provision requiring the subcontractor, upon written request, to furnish financial reports relating to the provision of services under the subcontract and the payment therefore to the adult day health center and to the Department in such form and at such times as required by the adult day health care provider to fulfill its obligations for financial reporting to the Department.

Cal. Code Regs. Tit. 22, § 54433