Section 86224.1 - [Operative 7/1/2024] Department Approval for Remote Site Model(a) Unless prior written licensing agency approval is received as specified in Section 86224.1(b) below, no licensee may place a participant in a remote site model as described in Section 86001(r)(4).(b) The licensing agency shall have the authority to approve the use of a remote site model after considering a written plan submitted by the licensee that ensures at least the following: (1) The remote site model shall be utilized with provisions for safe and adequate services, and shall not be detrimental to the health and safety of any participant.(2) The licensee shall submit a written request to utilize the remote site model together with the following supporting information:(A) Support may include, but is not limited to alternate and supplemental services, procedures, techniques, personnel, and staffing ratios that provide protective health and safety measures equal to those in the models described in Section 1559.110(d)(1) and (d)(2).(B) Support shall consider the individual characteristics and maturity of the participant that renders this model safe and consistent with the participant's TILP.(c) The licensing agency shall, within 30 days of receipt of a written request to utilize a remote site model, do one of the following: (1) Notify the licensee in writing that the written request is deficient and specify what additional information is needed; or(2) Notify the licensee in writing whether the written request was denied or approved. A denial shall specify the reason(s) for denial(d) If the written request is denied at a level below the Regional Manager, the licensee has the right to request review by the Regional Manager, within 15 days of the date of the denial.(e) The Regional Manager shall review the denial and respond in writing to the written request and uphold or overturn the denial within 30 days of receipt of the request for review.(f) If the Regional Manager upholds the denial, the licensee has the right, within 15 days of the date of the Regional Manager's denial, to request, in writing, a final review by the Program Administrator.(g) The Program Administrator shall review and respond in writing to approve or deny the request to overturn the denial within 30 days.Cal. Code Regs. Tit. 22, § 86224.1
Note: Authority cited: Sections 1530 and 1559.110, Health and Safety Code. Reference: Sections 1501, 1520 and 1531, Health and Safety Code; and Section 16522.1, Welfare and Institutions Code.
Note: Authority cited: Sections 1530 and 1559.110, Health and Safety Code. Reference: Sections 1501, 1520 and 1531, Health and Safety Code; and Section 16522.1, Welfare and Institutions Code.
1. Change without regulatory effect renumbering and amending former section 86024 to new section 86224.1 filed 9-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 38). Filing deadline specified in Government Code section 11349.3(a)extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
2. Amendment of subsection (a) filed 3-1-2024; operative 7/1/2024 (Register 2024, No. 9).