| 1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2024Introduced by Assembly Member HoldenJanuary 29, 2020 An act to amend Section 4681.6, 4688.21, 4689.8, 4690, 4690.5, 4691.6, 4691.9, and 4860 of the Welfare and Institutions Code, relating to developmental disabilities. LEGISLATIVE COUNSEL'S DIGESTAB 2024, as introduced, Holden. Developmental disabilities: provider rates.Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is responsible for providing various services and supports to persons with developmental disabilities, and for ensuring the appropriateness and quality of those services and supports. Existing law authorizes the department to contract with regional centers to provide these services and supports. Existing law sets forth the departments and the regional centers authority to establish provider rates and prohibits certain provider rate increases.This bill would require certain provider rates to be increased by 3.33% for each $1 increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4681.6 of the Welfare and Institutions Code is amended to read:4681.6. (a) Notwithstanding any other law or regulation, commencing July 1, 2008:(1) A regional center shall not pay an existing residential service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumers health or safety and the department has granted prior written authorization.(2) A regional center shall not negotiate a rate with a new residential service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional centers median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the department its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the departments biennial fiscal audit of the regional center.(b) Notwithstanding subdivision (a), commencing January 1, 2017, regional centers may negotiate a rate adjustment with residential service providers regarding rates that are otherwise restricted pursuant to subdivision (a), if the adjustment is necessary in order to pay employees no less than the minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016, and only for the purpose of adjusting payroll costs associated with the minimum wage increase. The rate adjustment shall be specific to the unit of service designation that is affected by the increased minimum wage, shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not be used as a general wage enhancement for employees paid above the minimum wage. Regional centers shall maintain documentation on the process to determine, and the rationale for granting, any rate adjustment associated with the minimum wage increase.(c) Notwithstanding subdivision (a), commencing July 1, 2015, regional centers may negotiate a rate adjustment with residential service providers regarding rates that are otherwise restricted pursuant to subdivision (a), if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.(d) (1) Notwithstanding any other law, the rates in effect for residential service providers shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(d)(e) For purposes of this section, residential service provider includes Adult Residential Facilities for Persons with Special Health Care Needs, as described in Section 4684.50.(e)(f) This section shall not apply to those services for which rates are determined by the State Department of Health Care Services, or the State Department of Developmental Services, or are usual and customary.SEC. 2. Section 4688.21 of the Welfare and Institutions Code is amended to read:4688.21. (a) The Legislature places a high priority on opportunities for adults with developmental disabilities to choose and customize day services to meet their individualized needs; have opportunities to further the development or maintenance of employment and volunteer activities; direct their services; pursue postsecondary education; and increase their ability to lead integrated and inclusive lives. To further these goals, a consumer may choose a tailored day service or vouchered community-based training service, in lieu of any other regional center vendored day program, look-alike day program, supported employment program, or work activity program.(b) (1) A tailored day service shall do both of the following:(A) Include an individualized service design, as determined through the individual program plan (IPP) and approved by the regional center, that maximizes the consumers individualized choices and needs. This service design may include, but may not be limited to, the following:(i) Fewer days or hours than in the programs approved day program, look-alike day program, supported employment program, or work activity program design.(ii) Flexibility in the duration and intensity of services to meet the consumers individualized needs.(B) Encourage opportunities to further the development or maintenance of employment, volunteer activities, or pursuit of postsecondary education; maximize consumer direction of the service; and increase the consumers ability to lead an integrated and inclusive life.(2) The type and amount of tailored day service shall be determined through the IPP process, pursuant to Section 4646. The IPP shall contain, but not be limited to, the following:(A) A detailed description of the consumers individualized choices and needs and how these choices and needs will be met.(B) The type and amount of services and staffing needed to meet the consumers individualized choices and needs, and unique health and safety and other needs.(3) The staffing requirements set forth in Section 55756 of Title 17 of the California Code of Regulations and subdivision (r) of Section 4851 of this code shall not apply to a tailored day service.(4) For currently vendored programs wishing to offer a tailored day service option, the regional center shall vendor a tailored day service option upon negotiating a rate and maximum units of service design that includes, but is not limited to, the following:(A) A daily or hourly rate and maximum units of service design that does not exceed the equivalent cost of four days per week of the vendors current rate, if the vendor has a daily day program rate.(B) A rate and maximum units of service design that does not exceed the equivalent cost of four-fifths of the hours of the vendors current rate, if the vendor has an hourly rate.(5) The regional center shall ensure that the vendor is capable of complying with, and will comply with, the consumers IPP, individual choice, and health and safety needs.(6) For new programs wishing to offer a tailored day service option, the regional center shall vendor a tailored day service option upon negotiating a rate and maximum units of service design. The rate paid to the new vendor shall not exceed four-fifths of the temporary payment rate or the median rate, whichever is applicable.(7) Effective July 1, 2011, and prior to the time of development, review, or modification of a consumers IPP, regional centers shall provide information about tailored day service to eligible adult consumers. A consumer may request information about tailored day services from the regional center at any time and may request an IPP meeting to secure those services.(c) (1) A vouchered community-based training service is defined as a consumer-directed service that assists the consumer in the development of skills required for community integrated employment or participation in volunteer activities, or both, and the assistance necessary for the consumer to secure employment or volunteer positions or pursue secondary education.(2) Implementation of vouchered community-based training service is contingent upon the approval of the federal Centers for Medicare and Medicaid Services.(3) Vouchered community-based training service shall be provided in natural environments in the community, separate from the consumers residence.(4) A consumer, parent, or conservator vendored as a vouchered community-based training service shall utilize the services of a financial management services (FMS) entity. The regional center shall provide information about available financial management services and shall assist the consumer in selecting a FMS vendor to act as coemployer.(5) A parent or conservator shall not be the direct support worker employed by the vouchered community-based training service vendor.(6) If the direct support worker is required to transport the consumer, the vouchered community-based training service vendor shall verify that the direct support worker can transport the consumer safely and has a valid California drivers license and proof of insurance.(7) (A) The rate for vouchered community-based training service shall not exceed fourteen dollars and ninety-nine cents ($14.99) per hour. The rate includes employer-related taxes and all transportation needed to implement the service, except as described in paragraph (8). The rate does not include the cost of the FMS.(B) (i) Notwithstanding any other law, the rates in effect for vouchered community-based training services shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(ii) The increase described in clause (i) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(8) A consumer vendored as a vouchered community-based training service shall also be eligible for a regional center-funded bus pass, if appropriate and needed.(9) Vouchered community-based training service shall be limited to a maximum of 150 hours per quarter. The services to be provided and the service hours shall be documented in the consumers IPP.(10) A direct support worker of vouchered community-based training service shall be an adult who possesses the skill, training, and experience necessary to provide services in accordance with the IPP.(11) Effective July 1, 2011, and prior to the time of development, review, or modification of a consumers IPP, regional centers shall provide information about vouchered community-based training service to eligible adult consumers. A consumer may request information about vouchered community-based training service from the regional center at any time and may request an IPP meeting to secure those services.(12) The type and amount of vouchered community-based training service shall be determined through the IPP process pursuant to Section 4646. The IPP shall contain, but not be limited to, the following:(A) A detailed description of the consumers individualized choices and needs and how these choices and needs will be met.(B) The type and amount of services and staffing needed to meet the consumers individualized choices and unique health and safety and other needs.(d) The department may adopt emergency regulations for tailored day service or vouchered community-based training service. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe specific facts showing the need for immediate action. A certificate of compliance for these implementing regulations shall be filed within 24 months following the adoption of the first emergency regulations filed pursuant to this subdivision.SEC. 3. Section 4689.8 of the Welfare and Institutions Code is amended to read:4689.8. (a) Notwithstanding any other law or regulation, commencing July 1, 2008:(a)(1) No regional center may pay an existing supported living service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumers health or safety and the department has granted prior written authorization.(b)(2) No regional center may negotiate a rate with a new supported living service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional centers median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the State Department of Developmental Services its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the departments biennial fiscal audit of the regional center.(c)(b) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the rates in effect on June 30, 2016, for supported living services, as defined in Subchapter 19 of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.(c) (1) Notwithstanding any other law, the rates in effect for supported living services shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.SEC. 4. Section 4690 of the Welfare and Institutions Code is amended to read:4690. (a) The Director of Developmental Services shall establish, maintain, and revise, as necessary, an equitable process for setting rates of state payment for nonresidential services purchased by regional centers, and may promulgate regulations establishing program standards, or the process to be used for setting these rates, or both, in order to assure that regional centers may secure high-quality services for developmentally disabled persons from individuals or agencies vendored to provide these services. In developing the rates pursuant to regulation, the director may require vendors to submit program, cost, or other information, as necessary. The director shall take into account the rates paid by other agencies and jurisdictions for comparable services in order to assure that regional center rates are at competitive levels. In no event shall rates established pursuant to this article be any less than those established for comparable services under the Medi-Cal program.(b) (1) Notwithstanding any other law, the rates in effect for nonresidential services purchased by regional centers shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(3) The rate increase provided in this subdivision shall not apply to those services for which rates are determined by entities other than the department or are usual and customary.SEC. 5. Section 4690.5 of the Welfare and Institutions Code is amended to read:4690.5. (a) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the rate for family member-provided respite services authorized by the department and in effect on June 30, 2016, and the rates for out-of-home respite services in effect on June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.(b) (1) Notwithstanding any other law, the rates in effect for family member-provided respite services and out-of-home respite services shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(3) The rate increase provided in this subdivision shall not apply to those services for which rates are determined by entities other than the department or are usual and customary.SEC. 6. Section 4691.6 of the Welfare and Institutions Code is amended to read:4691.6. (a) Notwithstanding any other law or regulation, commencing July 1, 2006, the community-based day program, work activity program, and in-home respite service agency rate schedules authorized by the department and in operation June 30, 2006, shall be increased by 3 percent, subject to funds specifically appropriated for this increase in the Budget Act of 2006. The increase shall be applied as a percentage, and the percentage shall be the same for all providers. Any subsequent increase shall be governed by subdivisions (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), and (l), and Section 4691.9.(b) Notwithstanding any other law or regulation, the department shall not establish any permanent payment rate for a community-based day program or in-home respite service agency provider that has a temporary payment rate in effect on June 30, 2008, if the permanent payment rate would be greater than the temporary payment rate in effect on or after June 30, 2008, unless the regional center demonstrates to the department that the permanent payment rate is necessary to protect the consumers health or safety.(c) Notwithstanding any other law or regulation, neither the department nor any regional center shall approve any program design modification or revendorization for a community-based day program or in-home respite service agency provider that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the program design modification or revendorization is necessary to protect the consumers health or safety and the department has granted prior written authorization.(d) Notwithstanding any other law or regulation, the department shall not approve an anticipated rate adjustment for a community-based day program or in-home respite service agency provider that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the anticipated rate adjustment is necessary to protect the consumers health or safety.(e) Notwithstanding any other law or regulation, except as set forth in subdivisions (f) and (i), the department shall not approve any rate adjustment for a work activity program that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the rate adjustment is necessary to protect the consumers health and safety and the department has granted prior written authorization.(f) Notwithstanding any other law or regulation, commencing January 1, 2017, the department may approve rate adjustments for a work activity program that demonstrates to the department that the rate adjustment is necessary in order to pay employees who, prior to January 1, 2017, were being compensated at a wage that is less than the minimum wage established on and after January 1, 2017, by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016. The rate adjustment pursuant to this subdivision shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not constitute a general wage enhancement for employees paid above the increased minimum wage.(g) Notwithstanding any other law or regulation, commencing January 1, 2017, community-based day program and in-home respite services agency providers with temporary payment rates set by the department may seek unanticipated rate adjustments from the department due to the impacts of the increased minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016. The rate adjustment shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not constitute a general wage enhancement for employees paid above the increased minimum wage.(h) Notwithstanding any other law or regulation, commencing January 1, 2015, the in-home respite service agency rate schedule authorized by the department and in operation December 31, 2014, shall be increased by 5.82 percent, subject to funds specifically appropriated for this increase for costs due to changes in federal regulations implementing the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.). The increase shall be applied as a percentage, and the percentage shall be the same for all applicable providers.(i) Notwithstanding any other law or regulation, commencing July 1, 2015, the department may approve rate adjustments for a work activity program that demonstrates to the department that the rate adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.(j) Notwithstanding any other law or regulation, commencing July 1, 2015, community-based day program and in-home respite services agency providers with temporary payment rates set by the department may seek unanticipated rate adjustments from the department if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.(k) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the in-home respite service agency rate schedule authorized by the department and in operation June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.(l) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the independent living service rate schedule authorized by the department and in operation June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.(m) (1) Notwithstanding any other law, the rates in effect for community-based day program, work activity program, and in-home respite services agency providers shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(3) The rate increase provided in this subdivision shall not apply to those services for which rates are determined by entities other than the department or are usual and customary.SEC. 7. Section 4691.9 of the Welfare and Institutions Code is amended to read:4691.9. (a) Notwithstanding any other law or regulation, commencing July 1, 2008:(1) A regional center shall not pay an existing service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumers health or safety and the department has granted prior written authorization.(2) A regional center shall not negotiate a rate with a new service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional centers median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the State Department of Developmental Services its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the departments biennial fiscal audit of the regional center.(b) Notwithstanding subdivision (a), commencing January 1, 2017, regional centers may negotiate a rate adjustment with providers regarding rates if the adjustment is necessary in order to pay employees no less than the minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016, and only for the purpose of adjusting payroll costs associated with the minimum wage increase. The rate adjustment shall be specific to the unit of service designation that is affected by the increased minimum wage, shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not be used as a general wage enhancement for employees paid above the increased minimum wage. Regional centers shall maintain documentation on the process to determine, and the rationale for granting, any rate adjustment associated with the minimum wage increase.(c) Notwithstanding any other law or regulation, commencing January 1, 2015, rates for personal assistance and supported living services in effect on December 31, 2014, shall be increased by 5.82 percent, subject to funds specifically appropriated for this increase for costs due to changes in federal regulations implementing the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.). The increase shall be applied as a percentage, and the percentage shall be the same for all applicable providers. As used in this subdivision, both of the following definitions shall apply:(1) Personal assistance is limited only to those services provided by vendors classified by the regional center as personal assistance providers, pursuant to the miscellaneous services provisions contained in Title 17 of the California Code of Regulations.(2) Supported living services are limited only to those services defined as supported living services in Title 17 of the California Code of Regulations.(d) Notwithstanding subdivision (a), commencing July 1, 2015, regional centers may negotiate a rate adjustment with existing service providers for services for which rates are determined through negotiation between the regional center and the provider, if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.(e) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, rates for transportation services in effect on June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage to existing rates, and the percentage shall be the same for all applicable providers.(f) (1) Notwithstanding any other law, the rates in effect for service providers for services for which rates are determined through negotiation between the regional center and the provider shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on to the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(f)(g) This section shall not apply to those services for which rates are determined by the State Department of Health Care Services, or the State Department of Developmental Services, or are usual and customary.SEC. 8. Section 4860 of the Welfare and Institutions Code is amended to read:4860. (a) (1) The hourly rate for supported employment services provided to consumers receiving individualized services is thirty-six dollars and fifty-seven cents ($36.57).(2) Job coach hours spent in travel to consumer worksites may be reimbursable for individualized services only when the job coach travels from the vendors headquarters to the consumers worksite or from one consumers worksite to another, and only when the travel is one way.(b) The hourly rate for group services is thirty-six dollars and fifty-seven cents ($36.57), regardless of the number of consumers served in the group. Consumers in a group shall be scheduled to start and end work at the same time, unless an exception that takes into consideration the consumers compensated work schedule is approved in advance by the regional center. The department, in consultation with stakeholders, shall adopt regulations to define the appropriate grounds for granting these exceptions. When the number of consumers in a supported employment placement group drops to fewer than the minimum required in subdivision (r) of Section 4851, the regional center may terminate funding for the group services in that group, unless, within 90 days, the program provider adds one or more regional centers, or Department of Rehabilitation-funded supported employment consumers to the group.(c) Job coaching hours for group services shall be allocated on a prorated basis between a regional center and the Department of Rehabilitation when regional center and Department of Rehabilitation consumers are served in the same group.(d) When Section 4855 applies, fees shall be authorized for the following:(1) A three-hundred-sixty-dollar ($360) fee shall be paid to the program provider upon intake of a consumer into a supported employment program. No fee shall be paid if that consumer completed a supported employment intake process with that same supported employment program within the previous 12 months.(2) A seven-hundred-twenty-dollar ($720) fee shall be paid upon placement of a consumer in an integrated job, except that no fee shall be paid if that consumer is placed with another consumer or consumers assigned to the same job coach during the same hours of employment.(3) A seven-hundred-twenty-dollar ($720) fee shall be paid after a 90-day retention of a consumer in a job, except that no fee shall be paid if that consumer has been placed with another consumer or consumers, assigned to the same job coach during the same hours of employment.(e) Notwithstanding paragraph (4) of subdivision (a) of Section 4648, the regional center shall pay the supported employment program rates established by this section.(f) The department, with regional center participation, shall conduct an annual survey of providers, in a format determined by the department, to collect the following information:(1) The number of employment placements in the previous 12 months.(2) Types of employment in which consumers are placed.(3) The cost components of the rates in subdivisions (a) and (b), including, but not limited to, the amount used for hourly wages of job coaches, administration, and placement search costs.(4) The number of hours each consumer works and the consumers hourly wage.(5) Any other information determined by the department.(g) In its 201718 May Revision fiscal estimate, the department shall describe the results of the survey described in subdivision (f).(h) (1) Notwithstanding any other law, the rates in effect for the services described in subdivisions (a) and (b) shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage. |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2024Introduced by Assembly Member HoldenJanuary 29, 2020 An act to amend Section 4681.6, 4688.21, 4689.8, 4690, 4690.5, 4691.6, 4691.9, and 4860 of the Welfare and Institutions Code, relating to developmental disabilities. LEGISLATIVE COUNSEL'S DIGESTAB 2024, as introduced, Holden. Developmental disabilities: provider rates.Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is responsible for providing various services and supports to persons with developmental disabilities, and for ensuring the appropriateness and quality of those services and supports. Existing law authorizes the department to contract with regional centers to provide these services and supports. Existing law sets forth the departments and the regional centers authority to establish provider rates and prohibits certain provider rate increases.This bill would require certain provider rates to be increased by 3.33% for each $1 increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | Assembly Bill |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | No. 2024 |
|---|
| 14 | 14 | | |
|---|
| 15 | 15 | | Introduced by Assembly Member HoldenJanuary 29, 2020 |
|---|
| 16 | 16 | | |
|---|
| 17 | 17 | | Introduced by Assembly Member Holden |
|---|
| 18 | 18 | | January 29, 2020 |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | An act to amend Section 4681.6, 4688.21, 4689.8, 4690, 4690.5, 4691.6, 4691.9, and 4860 of the Welfare and Institutions Code, relating to developmental disabilities. |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 23 | 23 | | |
|---|
| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 25 | 25 | | |
|---|
| 26 | 26 | | AB 2024, as introduced, Holden. Developmental disabilities: provider rates. |
|---|
| 27 | 27 | | |
|---|
| 28 | 28 | | Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is responsible for providing various services and supports to persons with developmental disabilities, and for ensuring the appropriateness and quality of those services and supports. Existing law authorizes the department to contract with regional centers to provide these services and supports. Existing law sets forth the departments and the regional centers authority to establish provider rates and prohibits certain provider rate increases.This bill would require certain provider rates to be increased by 3.33% for each $1 increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number. |
|---|
| 29 | 29 | | |
|---|
| 30 | 30 | | Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is responsible for providing various services and supports to persons with developmental disabilities, and for ensuring the appropriateness and quality of those services and supports. Existing law authorizes the department to contract with regional centers to provide these services and supports. Existing law sets forth the departments and the regional centers authority to establish provider rates and prohibits certain provider rate increases. |
|---|
| 31 | 31 | | |
|---|
| 32 | 32 | | This bill would require certain provider rates to be increased by 3.33% for each $1 increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number. |
|---|
| 33 | 33 | | |
|---|
| 34 | 34 | | ## Digest Key |
|---|
| 35 | 35 | | |
|---|
| 36 | 36 | | ## Bill Text |
|---|
| 37 | 37 | | |
|---|
| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 4681.6 of the Welfare and Institutions Code is amended to read:4681.6. (a) Notwithstanding any other law or regulation, commencing July 1, 2008:(1) A regional center shall not pay an existing residential service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumers health or safety and the department has granted prior written authorization.(2) A regional center shall not negotiate a rate with a new residential service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional centers median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the department its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the departments biennial fiscal audit of the regional center.(b) Notwithstanding subdivision (a), commencing January 1, 2017, regional centers may negotiate a rate adjustment with residential service providers regarding rates that are otherwise restricted pursuant to subdivision (a), if the adjustment is necessary in order to pay employees no less than the minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016, and only for the purpose of adjusting payroll costs associated with the minimum wage increase. The rate adjustment shall be specific to the unit of service designation that is affected by the increased minimum wage, shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not be used as a general wage enhancement for employees paid above the minimum wage. Regional centers shall maintain documentation on the process to determine, and the rationale for granting, any rate adjustment associated with the minimum wage increase.(c) Notwithstanding subdivision (a), commencing July 1, 2015, regional centers may negotiate a rate adjustment with residential service providers regarding rates that are otherwise restricted pursuant to subdivision (a), if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.(d) (1) Notwithstanding any other law, the rates in effect for residential service providers shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(d)(e) For purposes of this section, residential service provider includes Adult Residential Facilities for Persons with Special Health Care Needs, as described in Section 4684.50.(e)(f) This section shall not apply to those services for which rates are determined by the State Department of Health Care Services, or the State Department of Developmental Services, or are usual and customary.SEC. 2. Section 4688.21 of the Welfare and Institutions Code is amended to read:4688.21. (a) The Legislature places a high priority on opportunities for adults with developmental disabilities to choose and customize day services to meet their individualized needs; have opportunities to further the development or maintenance of employment and volunteer activities; direct their services; pursue postsecondary education; and increase their ability to lead integrated and inclusive lives. To further these goals, a consumer may choose a tailored day service or vouchered community-based training service, in lieu of any other regional center vendored day program, look-alike day program, supported employment program, or work activity program.(b) (1) A tailored day service shall do both of the following:(A) Include an individualized service design, as determined through the individual program plan (IPP) and approved by the regional center, that maximizes the consumers individualized choices and needs. This service design may include, but may not be limited to, the following:(i) Fewer days or hours than in the programs approved day program, look-alike day program, supported employment program, or work activity program design.(ii) Flexibility in the duration and intensity of services to meet the consumers individualized needs.(B) Encourage opportunities to further the development or maintenance of employment, volunteer activities, or pursuit of postsecondary education; maximize consumer direction of the service; and increase the consumers ability to lead an integrated and inclusive life.(2) The type and amount of tailored day service shall be determined through the IPP process, pursuant to Section 4646. The IPP shall contain, but not be limited to, the following:(A) A detailed description of the consumers individualized choices and needs and how these choices and needs will be met.(B) The type and amount of services and staffing needed to meet the consumers individualized choices and needs, and unique health and safety and other needs.(3) The staffing requirements set forth in Section 55756 of Title 17 of the California Code of Regulations and subdivision (r) of Section 4851 of this code shall not apply to a tailored day service.(4) For currently vendored programs wishing to offer a tailored day service option, the regional center shall vendor a tailored day service option upon negotiating a rate and maximum units of service design that includes, but is not limited to, the following:(A) A daily or hourly rate and maximum units of service design that does not exceed the equivalent cost of four days per week of the vendors current rate, if the vendor has a daily day program rate.(B) A rate and maximum units of service design that does not exceed the equivalent cost of four-fifths of the hours of the vendors current rate, if the vendor has an hourly rate.(5) The regional center shall ensure that the vendor is capable of complying with, and will comply with, the consumers IPP, individual choice, and health and safety needs.(6) For new programs wishing to offer a tailored day service option, the regional center shall vendor a tailored day service option upon negotiating a rate and maximum units of service design. The rate paid to the new vendor shall not exceed four-fifths of the temporary payment rate or the median rate, whichever is applicable.(7) Effective July 1, 2011, and prior to the time of development, review, or modification of a consumers IPP, regional centers shall provide information about tailored day service to eligible adult consumers. A consumer may request information about tailored day services from the regional center at any time and may request an IPP meeting to secure those services.(c) (1) A vouchered community-based training service is defined as a consumer-directed service that assists the consumer in the development of skills required for community integrated employment or participation in volunteer activities, or both, and the assistance necessary for the consumer to secure employment or volunteer positions or pursue secondary education.(2) Implementation of vouchered community-based training service is contingent upon the approval of the federal Centers for Medicare and Medicaid Services.(3) Vouchered community-based training service shall be provided in natural environments in the community, separate from the consumers residence.(4) A consumer, parent, or conservator vendored as a vouchered community-based training service shall utilize the services of a financial management services (FMS) entity. The regional center shall provide information about available financial management services and shall assist the consumer in selecting a FMS vendor to act as coemployer.(5) A parent or conservator shall not be the direct support worker employed by the vouchered community-based training service vendor.(6) If the direct support worker is required to transport the consumer, the vouchered community-based training service vendor shall verify that the direct support worker can transport the consumer safely and has a valid California drivers license and proof of insurance.(7) (A) The rate for vouchered community-based training service shall not exceed fourteen dollars and ninety-nine cents ($14.99) per hour. The rate includes employer-related taxes and all transportation needed to implement the service, except as described in paragraph (8). The rate does not include the cost of the FMS.(B) (i) Notwithstanding any other law, the rates in effect for vouchered community-based training services shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(ii) The increase described in clause (i) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(8) A consumer vendored as a vouchered community-based training service shall also be eligible for a regional center-funded bus pass, if appropriate and needed.(9) Vouchered community-based training service shall be limited to a maximum of 150 hours per quarter. The services to be provided and the service hours shall be documented in the consumers IPP.(10) A direct support worker of vouchered community-based training service shall be an adult who possesses the skill, training, and experience necessary to provide services in accordance with the IPP.(11) Effective July 1, 2011, and prior to the time of development, review, or modification of a consumers IPP, regional centers shall provide information about vouchered community-based training service to eligible adult consumers. A consumer may request information about vouchered community-based training service from the regional center at any time and may request an IPP meeting to secure those services.(12) The type and amount of vouchered community-based training service shall be determined through the IPP process pursuant to Section 4646. The IPP shall contain, but not be limited to, the following:(A) A detailed description of the consumers individualized choices and needs and how these choices and needs will be met.(B) The type and amount of services and staffing needed to meet the consumers individualized choices and unique health and safety and other needs.(d) The department may adopt emergency regulations for tailored day service or vouchered community-based training service. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe specific facts showing the need for immediate action. A certificate of compliance for these implementing regulations shall be filed within 24 months following the adoption of the first emergency regulations filed pursuant to this subdivision.SEC. 3. Section 4689.8 of the Welfare and Institutions Code is amended to read:4689.8. (a) Notwithstanding any other law or regulation, commencing July 1, 2008:(a)(1) No regional center may pay an existing supported living service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumers health or safety and the department has granted prior written authorization.(b)(2) No regional center may negotiate a rate with a new supported living service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional centers median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the State Department of Developmental Services its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the departments biennial fiscal audit of the regional center.(c)(b) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the rates in effect on June 30, 2016, for supported living services, as defined in Subchapter 19 of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.(c) (1) Notwithstanding any other law, the rates in effect for supported living services shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.SEC. 4. Section 4690 of the Welfare and Institutions Code is amended to read:4690. (a) The Director of Developmental Services shall establish, maintain, and revise, as necessary, an equitable process for setting rates of state payment for nonresidential services purchased by regional centers, and may promulgate regulations establishing program standards, or the process to be used for setting these rates, or both, in order to assure that regional centers may secure high-quality services for developmentally disabled persons from individuals or agencies vendored to provide these services. In developing the rates pursuant to regulation, the director may require vendors to submit program, cost, or other information, as necessary. The director shall take into account the rates paid by other agencies and jurisdictions for comparable services in order to assure that regional center rates are at competitive levels. In no event shall rates established pursuant to this article be any less than those established for comparable services under the Medi-Cal program.(b) (1) Notwithstanding any other law, the rates in effect for nonresidential services purchased by regional centers shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(3) The rate increase provided in this subdivision shall not apply to those services for which rates are determined by entities other than the department or are usual and customary.SEC. 5. Section 4690.5 of the Welfare and Institutions Code is amended to read:4690.5. (a) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the rate for family member-provided respite services authorized by the department and in effect on June 30, 2016, and the rates for out-of-home respite services in effect on June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.(b) (1) Notwithstanding any other law, the rates in effect for family member-provided respite services and out-of-home respite services shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(3) The rate increase provided in this subdivision shall not apply to those services for which rates are determined by entities other than the department or are usual and customary.SEC. 6. Section 4691.6 of the Welfare and Institutions Code is amended to read:4691.6. (a) Notwithstanding any other law or regulation, commencing July 1, 2006, the community-based day program, work activity program, and in-home respite service agency rate schedules authorized by the department and in operation June 30, 2006, shall be increased by 3 percent, subject to funds specifically appropriated for this increase in the Budget Act of 2006. The increase shall be applied as a percentage, and the percentage shall be the same for all providers. Any subsequent increase shall be governed by subdivisions (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), and (l), and Section 4691.9.(b) Notwithstanding any other law or regulation, the department shall not establish any permanent payment rate for a community-based day program or in-home respite service agency provider that has a temporary payment rate in effect on June 30, 2008, if the permanent payment rate would be greater than the temporary payment rate in effect on or after June 30, 2008, unless the regional center demonstrates to the department that the permanent payment rate is necessary to protect the consumers health or safety.(c) Notwithstanding any other law or regulation, neither the department nor any regional center shall approve any program design modification or revendorization for a community-based day program or in-home respite service agency provider that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the program design modification or revendorization is necessary to protect the consumers health or safety and the department has granted prior written authorization.(d) Notwithstanding any other law or regulation, the department shall not approve an anticipated rate adjustment for a community-based day program or in-home respite service agency provider that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the anticipated rate adjustment is necessary to protect the consumers health or safety.(e) Notwithstanding any other law or regulation, except as set forth in subdivisions (f) and (i), the department shall not approve any rate adjustment for a work activity program that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the rate adjustment is necessary to protect the consumers health and safety and the department has granted prior written authorization.(f) Notwithstanding any other law or regulation, commencing January 1, 2017, the department may approve rate adjustments for a work activity program that demonstrates to the department that the rate adjustment is necessary in order to pay employees who, prior to January 1, 2017, were being compensated at a wage that is less than the minimum wage established on and after January 1, 2017, by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016. The rate adjustment pursuant to this subdivision shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not constitute a general wage enhancement for employees paid above the increased minimum wage.(g) Notwithstanding any other law or regulation, commencing January 1, 2017, community-based day program and in-home respite services agency providers with temporary payment rates set by the department may seek unanticipated rate adjustments from the department due to the impacts of the increased minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016. The rate adjustment shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not constitute a general wage enhancement for employees paid above the increased minimum wage.(h) Notwithstanding any other law or regulation, commencing January 1, 2015, the in-home respite service agency rate schedule authorized by the department and in operation December 31, 2014, shall be increased by 5.82 percent, subject to funds specifically appropriated for this increase for costs due to changes in federal regulations implementing the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.). The increase shall be applied as a percentage, and the percentage shall be the same for all applicable providers.(i) Notwithstanding any other law or regulation, commencing July 1, 2015, the department may approve rate adjustments for a work activity program that demonstrates to the department that the rate adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.(j) Notwithstanding any other law or regulation, commencing July 1, 2015, community-based day program and in-home respite services agency providers with temporary payment rates set by the department may seek unanticipated rate adjustments from the department if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.(k) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the in-home respite service agency rate schedule authorized by the department and in operation June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.(l) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the independent living service rate schedule authorized by the department and in operation June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.(m) (1) Notwithstanding any other law, the rates in effect for community-based day program, work activity program, and in-home respite services agency providers shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(3) The rate increase provided in this subdivision shall not apply to those services for which rates are determined by entities other than the department or are usual and customary.SEC. 7. Section 4691.9 of the Welfare and Institutions Code is amended to read:4691.9. (a) Notwithstanding any other law or regulation, commencing July 1, 2008:(1) A regional center shall not pay an existing service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumers health or safety and the department has granted prior written authorization.(2) A regional center shall not negotiate a rate with a new service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional centers median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the State Department of Developmental Services its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the departments biennial fiscal audit of the regional center.(b) Notwithstanding subdivision (a), commencing January 1, 2017, regional centers may negotiate a rate adjustment with providers regarding rates if the adjustment is necessary in order to pay employees no less than the minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016, and only for the purpose of adjusting payroll costs associated with the minimum wage increase. The rate adjustment shall be specific to the unit of service designation that is affected by the increased minimum wage, shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not be used as a general wage enhancement for employees paid above the increased minimum wage. Regional centers shall maintain documentation on the process to determine, and the rationale for granting, any rate adjustment associated with the minimum wage increase.(c) Notwithstanding any other law or regulation, commencing January 1, 2015, rates for personal assistance and supported living services in effect on December 31, 2014, shall be increased by 5.82 percent, subject to funds specifically appropriated for this increase for costs due to changes in federal regulations implementing the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.). The increase shall be applied as a percentage, and the percentage shall be the same for all applicable providers. As used in this subdivision, both of the following definitions shall apply:(1) Personal assistance is limited only to those services provided by vendors classified by the regional center as personal assistance providers, pursuant to the miscellaneous services provisions contained in Title 17 of the California Code of Regulations.(2) Supported living services are limited only to those services defined as supported living services in Title 17 of the California Code of Regulations.(d) Notwithstanding subdivision (a), commencing July 1, 2015, regional centers may negotiate a rate adjustment with existing service providers for services for which rates are determined through negotiation between the regional center and the provider, if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.(e) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, rates for transportation services in effect on June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage to existing rates, and the percentage shall be the same for all applicable providers.(f) (1) Notwithstanding any other law, the rates in effect for service providers for services for which rates are determined through negotiation between the regional center and the provider shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on to the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(f)(g) This section shall not apply to those services for which rates are determined by the State Department of Health Care Services, or the State Department of Developmental Services, or are usual and customary.SEC. 8. Section 4860 of the Welfare and Institutions Code is amended to read:4860. (a) (1) The hourly rate for supported employment services provided to consumers receiving individualized services is thirty-six dollars and fifty-seven cents ($36.57).(2) Job coach hours spent in travel to consumer worksites may be reimbursable for individualized services only when the job coach travels from the vendors headquarters to the consumers worksite or from one consumers worksite to another, and only when the travel is one way.(b) The hourly rate for group services is thirty-six dollars and fifty-seven cents ($36.57), regardless of the number of consumers served in the group. Consumers in a group shall be scheduled to start and end work at the same time, unless an exception that takes into consideration the consumers compensated work schedule is approved in advance by the regional center. The department, in consultation with stakeholders, shall adopt regulations to define the appropriate grounds for granting these exceptions. When the number of consumers in a supported employment placement group drops to fewer than the minimum required in subdivision (r) of Section 4851, the regional center may terminate funding for the group services in that group, unless, within 90 days, the program provider adds one or more regional centers, or Department of Rehabilitation-funded supported employment consumers to the group.(c) Job coaching hours for group services shall be allocated on a prorated basis between a regional center and the Department of Rehabilitation when regional center and Department of Rehabilitation consumers are served in the same group.(d) When Section 4855 applies, fees shall be authorized for the following:(1) A three-hundred-sixty-dollar ($360) fee shall be paid to the program provider upon intake of a consumer into a supported employment program. No fee shall be paid if that consumer completed a supported employment intake process with that same supported employment program within the previous 12 months.(2) A seven-hundred-twenty-dollar ($720) fee shall be paid upon placement of a consumer in an integrated job, except that no fee shall be paid if that consumer is placed with another consumer or consumers assigned to the same job coach during the same hours of employment.(3) A seven-hundred-twenty-dollar ($720) fee shall be paid after a 90-day retention of a consumer in a job, except that no fee shall be paid if that consumer has been placed with another consumer or consumers, assigned to the same job coach during the same hours of employment.(e) Notwithstanding paragraph (4) of subdivision (a) of Section 4648, the regional center shall pay the supported employment program rates established by this section.(f) The department, with regional center participation, shall conduct an annual survey of providers, in a format determined by the department, to collect the following information:(1) The number of employment placements in the previous 12 months.(2) Types of employment in which consumers are placed.(3) The cost components of the rates in subdivisions (a) and (b), including, but not limited to, the amount used for hourly wages of job coaches, administration, and placement search costs.(4) The number of hours each consumer works and the consumers hourly wage.(5) Any other information determined by the department.(g) In its 201718 May Revision fiscal estimate, the department shall describe the results of the survey described in subdivision (f).(h) (1) Notwithstanding any other law, the rates in effect for the services described in subdivisions (a) and (b) shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage. |
|---|
| 39 | 39 | | |
|---|
| 40 | 40 | | The people of the State of California do enact as follows: |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | ## The people of the State of California do enact as follows: |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | SECTION 1. Section 4681.6 of the Welfare and Institutions Code is amended to read:4681.6. (a) Notwithstanding any other law or regulation, commencing July 1, 2008:(1) A regional center shall not pay an existing residential service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumers health or safety and the department has granted prior written authorization.(2) A regional center shall not negotiate a rate with a new residential service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional centers median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the department its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the departments biennial fiscal audit of the regional center.(b) Notwithstanding subdivision (a), commencing January 1, 2017, regional centers may negotiate a rate adjustment with residential service providers regarding rates that are otherwise restricted pursuant to subdivision (a), if the adjustment is necessary in order to pay employees no less than the minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016, and only for the purpose of adjusting payroll costs associated with the minimum wage increase. The rate adjustment shall be specific to the unit of service designation that is affected by the increased minimum wage, shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not be used as a general wage enhancement for employees paid above the minimum wage. Regional centers shall maintain documentation on the process to determine, and the rationale for granting, any rate adjustment associated with the minimum wage increase.(c) Notwithstanding subdivision (a), commencing July 1, 2015, regional centers may negotiate a rate adjustment with residential service providers regarding rates that are otherwise restricted pursuant to subdivision (a), if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.(d) (1) Notwithstanding any other law, the rates in effect for residential service providers shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(d)(e) For purposes of this section, residential service provider includes Adult Residential Facilities for Persons with Special Health Care Needs, as described in Section 4684.50.(e)(f) This section shall not apply to those services for which rates are determined by the State Department of Health Care Services, or the State Department of Developmental Services, or are usual and customary. |
|---|
| 45 | 45 | | |
|---|
| 46 | 46 | | SECTION 1. Section 4681.6 of the Welfare and Institutions Code is amended to read: |
|---|
| 47 | 47 | | |
|---|
| 48 | 48 | | ### SECTION 1. |
|---|
| 49 | 49 | | |
|---|
| 50 | 50 | | 4681.6. (a) Notwithstanding any other law or regulation, commencing July 1, 2008:(1) A regional center shall not pay an existing residential service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumers health or safety and the department has granted prior written authorization.(2) A regional center shall not negotiate a rate with a new residential service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional centers median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the department its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the departments biennial fiscal audit of the regional center.(b) Notwithstanding subdivision (a), commencing January 1, 2017, regional centers may negotiate a rate adjustment with residential service providers regarding rates that are otherwise restricted pursuant to subdivision (a), if the adjustment is necessary in order to pay employees no less than the minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016, and only for the purpose of adjusting payroll costs associated with the minimum wage increase. The rate adjustment shall be specific to the unit of service designation that is affected by the increased minimum wage, shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not be used as a general wage enhancement for employees paid above the minimum wage. Regional centers shall maintain documentation on the process to determine, and the rationale for granting, any rate adjustment associated with the minimum wage increase.(c) Notwithstanding subdivision (a), commencing July 1, 2015, regional centers may negotiate a rate adjustment with residential service providers regarding rates that are otherwise restricted pursuant to subdivision (a), if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.(d) (1) Notwithstanding any other law, the rates in effect for residential service providers shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(d)(e) For purposes of this section, residential service provider includes Adult Residential Facilities for Persons with Special Health Care Needs, as described in Section 4684.50.(e)(f) This section shall not apply to those services for which rates are determined by the State Department of Health Care Services, or the State Department of Developmental Services, or are usual and customary. |
|---|
| 51 | 51 | | |
|---|
| 52 | 52 | | 4681.6. (a) Notwithstanding any other law or regulation, commencing July 1, 2008:(1) A regional center shall not pay an existing residential service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumers health or safety and the department has granted prior written authorization.(2) A regional center shall not negotiate a rate with a new residential service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional centers median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the department its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the departments biennial fiscal audit of the regional center.(b) Notwithstanding subdivision (a), commencing January 1, 2017, regional centers may negotiate a rate adjustment with residential service providers regarding rates that are otherwise restricted pursuant to subdivision (a), if the adjustment is necessary in order to pay employees no less than the minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016, and only for the purpose of adjusting payroll costs associated with the minimum wage increase. The rate adjustment shall be specific to the unit of service designation that is affected by the increased minimum wage, shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not be used as a general wage enhancement for employees paid above the minimum wage. Regional centers shall maintain documentation on the process to determine, and the rationale for granting, any rate adjustment associated with the minimum wage increase.(c) Notwithstanding subdivision (a), commencing July 1, 2015, regional centers may negotiate a rate adjustment with residential service providers regarding rates that are otherwise restricted pursuant to subdivision (a), if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.(d) (1) Notwithstanding any other law, the rates in effect for residential service providers shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(d)(e) For purposes of this section, residential service provider includes Adult Residential Facilities for Persons with Special Health Care Needs, as described in Section 4684.50.(e)(f) This section shall not apply to those services for which rates are determined by the State Department of Health Care Services, or the State Department of Developmental Services, or are usual and customary. |
|---|
| 53 | 53 | | |
|---|
| 54 | 54 | | 4681.6. (a) Notwithstanding any other law or regulation, commencing July 1, 2008:(1) A regional center shall not pay an existing residential service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumers health or safety and the department has granted prior written authorization.(2) A regional center shall not negotiate a rate with a new residential service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional centers median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the department its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the departments biennial fiscal audit of the regional center.(b) Notwithstanding subdivision (a), commencing January 1, 2017, regional centers may negotiate a rate adjustment with residential service providers regarding rates that are otherwise restricted pursuant to subdivision (a), if the adjustment is necessary in order to pay employees no less than the minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016, and only for the purpose of adjusting payroll costs associated with the minimum wage increase. The rate adjustment shall be specific to the unit of service designation that is affected by the increased minimum wage, shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not be used as a general wage enhancement for employees paid above the minimum wage. Regional centers shall maintain documentation on the process to determine, and the rationale for granting, any rate adjustment associated with the minimum wage increase.(c) Notwithstanding subdivision (a), commencing July 1, 2015, regional centers may negotiate a rate adjustment with residential service providers regarding rates that are otherwise restricted pursuant to subdivision (a), if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.(d) (1) Notwithstanding any other law, the rates in effect for residential service providers shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(d)(e) For purposes of this section, residential service provider includes Adult Residential Facilities for Persons with Special Health Care Needs, as described in Section 4684.50.(e)(f) This section shall not apply to those services for which rates are determined by the State Department of Health Care Services, or the State Department of Developmental Services, or are usual and customary. |
|---|
| 55 | 55 | | |
|---|
| 56 | 56 | | |
|---|
| 57 | 57 | | |
|---|
| 58 | 58 | | 4681.6. (a) Notwithstanding any other law or regulation, commencing July 1, 2008: |
|---|
| 59 | 59 | | |
|---|
| 60 | 60 | | (1) A regional center shall not pay an existing residential service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumers health or safety and the department has granted prior written authorization. |
|---|
| 61 | 61 | | |
|---|
| 62 | 62 | | (2) A regional center shall not negotiate a rate with a new residential service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional centers median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the department its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the departments biennial fiscal audit of the regional center. |
|---|
| 63 | 63 | | |
|---|
| 64 | 64 | | (b) Notwithstanding subdivision (a), commencing January 1, 2017, regional centers may negotiate a rate adjustment with residential service providers regarding rates that are otherwise restricted pursuant to subdivision (a), if the adjustment is necessary in order to pay employees no less than the minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016, and only for the purpose of adjusting payroll costs associated with the minimum wage increase. The rate adjustment shall be specific to the unit of service designation that is affected by the increased minimum wage, shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not be used as a general wage enhancement for employees paid above the minimum wage. Regional centers shall maintain documentation on the process to determine, and the rationale for granting, any rate adjustment associated with the minimum wage increase. |
|---|
| 65 | 65 | | |
|---|
| 66 | 66 | | (c) Notwithstanding subdivision (a), commencing July 1, 2015, regional centers may negotiate a rate adjustment with residential service providers regarding rates that are otherwise restricted pursuant to subdivision (a), if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment. |
|---|
| 67 | 67 | | |
|---|
| 68 | 68 | | (d) (1) Notwithstanding any other law, the rates in effect for residential service providers shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number. |
|---|
| 69 | 69 | | |
|---|
| 70 | 70 | | (2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage. |
|---|
| 71 | 71 | | |
|---|
| 72 | 72 | | (d) |
|---|
| 73 | 73 | | |
|---|
| 74 | 74 | | |
|---|
| 75 | 75 | | |
|---|
| 76 | 76 | | (e) For purposes of this section, residential service provider includes Adult Residential Facilities for Persons with Special Health Care Needs, as described in Section 4684.50. |
|---|
| 77 | 77 | | |
|---|
| 78 | 78 | | (e) |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | |
|---|
| 81 | 81 | | |
|---|
| 82 | 82 | | (f) This section shall not apply to those services for which rates are determined by the State Department of Health Care Services, or the State Department of Developmental Services, or are usual and customary. |
|---|
| 83 | 83 | | |
|---|
| 84 | 84 | | SEC. 2. Section 4688.21 of the Welfare and Institutions Code is amended to read:4688.21. (a) The Legislature places a high priority on opportunities for adults with developmental disabilities to choose and customize day services to meet their individualized needs; have opportunities to further the development or maintenance of employment and volunteer activities; direct their services; pursue postsecondary education; and increase their ability to lead integrated and inclusive lives. To further these goals, a consumer may choose a tailored day service or vouchered community-based training service, in lieu of any other regional center vendored day program, look-alike day program, supported employment program, or work activity program.(b) (1) A tailored day service shall do both of the following:(A) Include an individualized service design, as determined through the individual program plan (IPP) and approved by the regional center, that maximizes the consumers individualized choices and needs. This service design may include, but may not be limited to, the following:(i) Fewer days or hours than in the programs approved day program, look-alike day program, supported employment program, or work activity program design.(ii) Flexibility in the duration and intensity of services to meet the consumers individualized needs.(B) Encourage opportunities to further the development or maintenance of employment, volunteer activities, or pursuit of postsecondary education; maximize consumer direction of the service; and increase the consumers ability to lead an integrated and inclusive life.(2) The type and amount of tailored day service shall be determined through the IPP process, pursuant to Section 4646. The IPP shall contain, but not be limited to, the following:(A) A detailed description of the consumers individualized choices and needs and how these choices and needs will be met.(B) The type and amount of services and staffing needed to meet the consumers individualized choices and needs, and unique health and safety and other needs.(3) The staffing requirements set forth in Section 55756 of Title 17 of the California Code of Regulations and subdivision (r) of Section 4851 of this code shall not apply to a tailored day service.(4) For currently vendored programs wishing to offer a tailored day service option, the regional center shall vendor a tailored day service option upon negotiating a rate and maximum units of service design that includes, but is not limited to, the following:(A) A daily or hourly rate and maximum units of service design that does not exceed the equivalent cost of four days per week of the vendors current rate, if the vendor has a daily day program rate.(B) A rate and maximum units of service design that does not exceed the equivalent cost of four-fifths of the hours of the vendors current rate, if the vendor has an hourly rate.(5) The regional center shall ensure that the vendor is capable of complying with, and will comply with, the consumers IPP, individual choice, and health and safety needs.(6) For new programs wishing to offer a tailored day service option, the regional center shall vendor a tailored day service option upon negotiating a rate and maximum units of service design. The rate paid to the new vendor shall not exceed four-fifths of the temporary payment rate or the median rate, whichever is applicable.(7) Effective July 1, 2011, and prior to the time of development, review, or modification of a consumers IPP, regional centers shall provide information about tailored day service to eligible adult consumers. A consumer may request information about tailored day services from the regional center at any time and may request an IPP meeting to secure those services.(c) (1) A vouchered community-based training service is defined as a consumer-directed service that assists the consumer in the development of skills required for community integrated employment or participation in volunteer activities, or both, and the assistance necessary for the consumer to secure employment or volunteer positions or pursue secondary education.(2) Implementation of vouchered community-based training service is contingent upon the approval of the federal Centers for Medicare and Medicaid Services.(3) Vouchered community-based training service shall be provided in natural environments in the community, separate from the consumers residence.(4) A consumer, parent, or conservator vendored as a vouchered community-based training service shall utilize the services of a financial management services (FMS) entity. The regional center shall provide information about available financial management services and shall assist the consumer in selecting a FMS vendor to act as coemployer.(5) A parent or conservator shall not be the direct support worker employed by the vouchered community-based training service vendor.(6) If the direct support worker is required to transport the consumer, the vouchered community-based training service vendor shall verify that the direct support worker can transport the consumer safely and has a valid California drivers license and proof of insurance.(7) (A) The rate for vouchered community-based training service shall not exceed fourteen dollars and ninety-nine cents ($14.99) per hour. The rate includes employer-related taxes and all transportation needed to implement the service, except as described in paragraph (8). The rate does not include the cost of the FMS.(B) (i) Notwithstanding any other law, the rates in effect for vouchered community-based training services shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(ii) The increase described in clause (i) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(8) A consumer vendored as a vouchered community-based training service shall also be eligible for a regional center-funded bus pass, if appropriate and needed.(9) Vouchered community-based training service shall be limited to a maximum of 150 hours per quarter. The services to be provided and the service hours shall be documented in the consumers IPP.(10) A direct support worker of vouchered community-based training service shall be an adult who possesses the skill, training, and experience necessary to provide services in accordance with the IPP.(11) Effective July 1, 2011, and prior to the time of development, review, or modification of a consumers IPP, regional centers shall provide information about vouchered community-based training service to eligible adult consumers. A consumer may request information about vouchered community-based training service from the regional center at any time and may request an IPP meeting to secure those services.(12) The type and amount of vouchered community-based training service shall be determined through the IPP process pursuant to Section 4646. The IPP shall contain, but not be limited to, the following:(A) A detailed description of the consumers individualized choices and needs and how these choices and needs will be met.(B) The type and amount of services and staffing needed to meet the consumers individualized choices and unique health and safety and other needs.(d) The department may adopt emergency regulations for tailored day service or vouchered community-based training service. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe specific facts showing the need for immediate action. A certificate of compliance for these implementing regulations shall be filed within 24 months following the adoption of the first emergency regulations filed pursuant to this subdivision. |
|---|
| 85 | 85 | | |
|---|
| 86 | 86 | | SEC. 2. Section 4688.21 of the Welfare and Institutions Code is amended to read: |
|---|
| 87 | 87 | | |
|---|
| 88 | 88 | | ### SEC. 2. |
|---|
| 89 | 89 | | |
|---|
| 90 | 90 | | 4688.21. (a) The Legislature places a high priority on opportunities for adults with developmental disabilities to choose and customize day services to meet their individualized needs; have opportunities to further the development or maintenance of employment and volunteer activities; direct their services; pursue postsecondary education; and increase their ability to lead integrated and inclusive lives. To further these goals, a consumer may choose a tailored day service or vouchered community-based training service, in lieu of any other regional center vendored day program, look-alike day program, supported employment program, or work activity program.(b) (1) A tailored day service shall do both of the following:(A) Include an individualized service design, as determined through the individual program plan (IPP) and approved by the regional center, that maximizes the consumers individualized choices and needs. This service design may include, but may not be limited to, the following:(i) Fewer days or hours than in the programs approved day program, look-alike day program, supported employment program, or work activity program design.(ii) Flexibility in the duration and intensity of services to meet the consumers individualized needs.(B) Encourage opportunities to further the development or maintenance of employment, volunteer activities, or pursuit of postsecondary education; maximize consumer direction of the service; and increase the consumers ability to lead an integrated and inclusive life.(2) The type and amount of tailored day service shall be determined through the IPP process, pursuant to Section 4646. The IPP shall contain, but not be limited to, the following:(A) A detailed description of the consumers individualized choices and needs and how these choices and needs will be met.(B) The type and amount of services and staffing needed to meet the consumers individualized choices and needs, and unique health and safety and other needs.(3) The staffing requirements set forth in Section 55756 of Title 17 of the California Code of Regulations and subdivision (r) of Section 4851 of this code shall not apply to a tailored day service.(4) For currently vendored programs wishing to offer a tailored day service option, the regional center shall vendor a tailored day service option upon negotiating a rate and maximum units of service design that includes, but is not limited to, the following:(A) A daily or hourly rate and maximum units of service design that does not exceed the equivalent cost of four days per week of the vendors current rate, if the vendor has a daily day program rate.(B) A rate and maximum units of service design that does not exceed the equivalent cost of four-fifths of the hours of the vendors current rate, if the vendor has an hourly rate.(5) The regional center shall ensure that the vendor is capable of complying with, and will comply with, the consumers IPP, individual choice, and health and safety needs.(6) For new programs wishing to offer a tailored day service option, the regional center shall vendor a tailored day service option upon negotiating a rate and maximum units of service design. The rate paid to the new vendor shall not exceed four-fifths of the temporary payment rate or the median rate, whichever is applicable.(7) Effective July 1, 2011, and prior to the time of development, review, or modification of a consumers IPP, regional centers shall provide information about tailored day service to eligible adult consumers. A consumer may request information about tailored day services from the regional center at any time and may request an IPP meeting to secure those services.(c) (1) A vouchered community-based training service is defined as a consumer-directed service that assists the consumer in the development of skills required for community integrated employment or participation in volunteer activities, or both, and the assistance necessary for the consumer to secure employment or volunteer positions or pursue secondary education.(2) Implementation of vouchered community-based training service is contingent upon the approval of the federal Centers for Medicare and Medicaid Services.(3) Vouchered community-based training service shall be provided in natural environments in the community, separate from the consumers residence.(4) A consumer, parent, or conservator vendored as a vouchered community-based training service shall utilize the services of a financial management services (FMS) entity. The regional center shall provide information about available financial management services and shall assist the consumer in selecting a FMS vendor to act as coemployer.(5) A parent or conservator shall not be the direct support worker employed by the vouchered community-based training service vendor.(6) If the direct support worker is required to transport the consumer, the vouchered community-based training service vendor shall verify that the direct support worker can transport the consumer safely and has a valid California drivers license and proof of insurance.(7) (A) The rate for vouchered community-based training service shall not exceed fourteen dollars and ninety-nine cents ($14.99) per hour. The rate includes employer-related taxes and all transportation needed to implement the service, except as described in paragraph (8). The rate does not include the cost of the FMS.(B) (i) Notwithstanding any other law, the rates in effect for vouchered community-based training services shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(ii) The increase described in clause (i) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(8) A consumer vendored as a vouchered community-based training service shall also be eligible for a regional center-funded bus pass, if appropriate and needed.(9) Vouchered community-based training service shall be limited to a maximum of 150 hours per quarter. The services to be provided and the service hours shall be documented in the consumers IPP.(10) A direct support worker of vouchered community-based training service shall be an adult who possesses the skill, training, and experience necessary to provide services in accordance with the IPP.(11) Effective July 1, 2011, and prior to the time of development, review, or modification of a consumers IPP, regional centers shall provide information about vouchered community-based training service to eligible adult consumers. A consumer may request information about vouchered community-based training service from the regional center at any time and may request an IPP meeting to secure those services.(12) The type and amount of vouchered community-based training service shall be determined through the IPP process pursuant to Section 4646. The IPP shall contain, but not be limited to, the following:(A) A detailed description of the consumers individualized choices and needs and how these choices and needs will be met.(B) The type and amount of services and staffing needed to meet the consumers individualized choices and unique health and safety and other needs.(d) The department may adopt emergency regulations for tailored day service or vouchered community-based training service. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe specific facts showing the need for immediate action. A certificate of compliance for these implementing regulations shall be filed within 24 months following the adoption of the first emergency regulations filed pursuant to this subdivision. |
|---|
| 91 | 91 | | |
|---|
| 92 | 92 | | 4688.21. (a) The Legislature places a high priority on opportunities for adults with developmental disabilities to choose and customize day services to meet their individualized needs; have opportunities to further the development or maintenance of employment and volunteer activities; direct their services; pursue postsecondary education; and increase their ability to lead integrated and inclusive lives. To further these goals, a consumer may choose a tailored day service or vouchered community-based training service, in lieu of any other regional center vendored day program, look-alike day program, supported employment program, or work activity program.(b) (1) A tailored day service shall do both of the following:(A) Include an individualized service design, as determined through the individual program plan (IPP) and approved by the regional center, that maximizes the consumers individualized choices and needs. This service design may include, but may not be limited to, the following:(i) Fewer days or hours than in the programs approved day program, look-alike day program, supported employment program, or work activity program design.(ii) Flexibility in the duration and intensity of services to meet the consumers individualized needs.(B) Encourage opportunities to further the development or maintenance of employment, volunteer activities, or pursuit of postsecondary education; maximize consumer direction of the service; and increase the consumers ability to lead an integrated and inclusive life.(2) The type and amount of tailored day service shall be determined through the IPP process, pursuant to Section 4646. The IPP shall contain, but not be limited to, the following:(A) A detailed description of the consumers individualized choices and needs and how these choices and needs will be met.(B) The type and amount of services and staffing needed to meet the consumers individualized choices and needs, and unique health and safety and other needs.(3) The staffing requirements set forth in Section 55756 of Title 17 of the California Code of Regulations and subdivision (r) of Section 4851 of this code shall not apply to a tailored day service.(4) For currently vendored programs wishing to offer a tailored day service option, the regional center shall vendor a tailored day service option upon negotiating a rate and maximum units of service design that includes, but is not limited to, the following:(A) A daily or hourly rate and maximum units of service design that does not exceed the equivalent cost of four days per week of the vendors current rate, if the vendor has a daily day program rate.(B) A rate and maximum units of service design that does not exceed the equivalent cost of four-fifths of the hours of the vendors current rate, if the vendor has an hourly rate.(5) The regional center shall ensure that the vendor is capable of complying with, and will comply with, the consumers IPP, individual choice, and health and safety needs.(6) For new programs wishing to offer a tailored day service option, the regional center shall vendor a tailored day service option upon negotiating a rate and maximum units of service design. The rate paid to the new vendor shall not exceed four-fifths of the temporary payment rate or the median rate, whichever is applicable.(7) Effective July 1, 2011, and prior to the time of development, review, or modification of a consumers IPP, regional centers shall provide information about tailored day service to eligible adult consumers. A consumer may request information about tailored day services from the regional center at any time and may request an IPP meeting to secure those services.(c) (1) A vouchered community-based training service is defined as a consumer-directed service that assists the consumer in the development of skills required for community integrated employment or participation in volunteer activities, or both, and the assistance necessary for the consumer to secure employment or volunteer positions or pursue secondary education.(2) Implementation of vouchered community-based training service is contingent upon the approval of the federal Centers for Medicare and Medicaid Services.(3) Vouchered community-based training service shall be provided in natural environments in the community, separate from the consumers residence.(4) A consumer, parent, or conservator vendored as a vouchered community-based training service shall utilize the services of a financial management services (FMS) entity. The regional center shall provide information about available financial management services and shall assist the consumer in selecting a FMS vendor to act as coemployer.(5) A parent or conservator shall not be the direct support worker employed by the vouchered community-based training service vendor.(6) If the direct support worker is required to transport the consumer, the vouchered community-based training service vendor shall verify that the direct support worker can transport the consumer safely and has a valid California drivers license and proof of insurance.(7) (A) The rate for vouchered community-based training service shall not exceed fourteen dollars and ninety-nine cents ($14.99) per hour. The rate includes employer-related taxes and all transportation needed to implement the service, except as described in paragraph (8). The rate does not include the cost of the FMS.(B) (i) Notwithstanding any other law, the rates in effect for vouchered community-based training services shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(ii) The increase described in clause (i) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(8) A consumer vendored as a vouchered community-based training service shall also be eligible for a regional center-funded bus pass, if appropriate and needed.(9) Vouchered community-based training service shall be limited to a maximum of 150 hours per quarter. The services to be provided and the service hours shall be documented in the consumers IPP.(10) A direct support worker of vouchered community-based training service shall be an adult who possesses the skill, training, and experience necessary to provide services in accordance with the IPP.(11) Effective July 1, 2011, and prior to the time of development, review, or modification of a consumers IPP, regional centers shall provide information about vouchered community-based training service to eligible adult consumers. A consumer may request information about vouchered community-based training service from the regional center at any time and may request an IPP meeting to secure those services.(12) The type and amount of vouchered community-based training service shall be determined through the IPP process pursuant to Section 4646. The IPP shall contain, but not be limited to, the following:(A) A detailed description of the consumers individualized choices and needs and how these choices and needs will be met.(B) The type and amount of services and staffing needed to meet the consumers individualized choices and unique health and safety and other needs.(d) The department may adopt emergency regulations for tailored day service or vouchered community-based training service. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe specific facts showing the need for immediate action. A certificate of compliance for these implementing regulations shall be filed within 24 months following the adoption of the first emergency regulations filed pursuant to this subdivision. |
|---|
| 93 | 93 | | |
|---|
| 94 | 94 | | 4688.21. (a) The Legislature places a high priority on opportunities for adults with developmental disabilities to choose and customize day services to meet their individualized needs; have opportunities to further the development or maintenance of employment and volunteer activities; direct their services; pursue postsecondary education; and increase their ability to lead integrated and inclusive lives. To further these goals, a consumer may choose a tailored day service or vouchered community-based training service, in lieu of any other regional center vendored day program, look-alike day program, supported employment program, or work activity program.(b) (1) A tailored day service shall do both of the following:(A) Include an individualized service design, as determined through the individual program plan (IPP) and approved by the regional center, that maximizes the consumers individualized choices and needs. This service design may include, but may not be limited to, the following:(i) Fewer days or hours than in the programs approved day program, look-alike day program, supported employment program, or work activity program design.(ii) Flexibility in the duration and intensity of services to meet the consumers individualized needs.(B) Encourage opportunities to further the development or maintenance of employment, volunteer activities, or pursuit of postsecondary education; maximize consumer direction of the service; and increase the consumers ability to lead an integrated and inclusive life.(2) The type and amount of tailored day service shall be determined through the IPP process, pursuant to Section 4646. The IPP shall contain, but not be limited to, the following:(A) A detailed description of the consumers individualized choices and needs and how these choices and needs will be met.(B) The type and amount of services and staffing needed to meet the consumers individualized choices and needs, and unique health and safety and other needs.(3) The staffing requirements set forth in Section 55756 of Title 17 of the California Code of Regulations and subdivision (r) of Section 4851 of this code shall not apply to a tailored day service.(4) For currently vendored programs wishing to offer a tailored day service option, the regional center shall vendor a tailored day service option upon negotiating a rate and maximum units of service design that includes, but is not limited to, the following:(A) A daily or hourly rate and maximum units of service design that does not exceed the equivalent cost of four days per week of the vendors current rate, if the vendor has a daily day program rate.(B) A rate and maximum units of service design that does not exceed the equivalent cost of four-fifths of the hours of the vendors current rate, if the vendor has an hourly rate.(5) The regional center shall ensure that the vendor is capable of complying with, and will comply with, the consumers IPP, individual choice, and health and safety needs.(6) For new programs wishing to offer a tailored day service option, the regional center shall vendor a tailored day service option upon negotiating a rate and maximum units of service design. The rate paid to the new vendor shall not exceed four-fifths of the temporary payment rate or the median rate, whichever is applicable.(7) Effective July 1, 2011, and prior to the time of development, review, or modification of a consumers IPP, regional centers shall provide information about tailored day service to eligible adult consumers. A consumer may request information about tailored day services from the regional center at any time and may request an IPP meeting to secure those services.(c) (1) A vouchered community-based training service is defined as a consumer-directed service that assists the consumer in the development of skills required for community integrated employment or participation in volunteer activities, or both, and the assistance necessary for the consumer to secure employment or volunteer positions or pursue secondary education.(2) Implementation of vouchered community-based training service is contingent upon the approval of the federal Centers for Medicare and Medicaid Services.(3) Vouchered community-based training service shall be provided in natural environments in the community, separate from the consumers residence.(4) A consumer, parent, or conservator vendored as a vouchered community-based training service shall utilize the services of a financial management services (FMS) entity. The regional center shall provide information about available financial management services and shall assist the consumer in selecting a FMS vendor to act as coemployer.(5) A parent or conservator shall not be the direct support worker employed by the vouchered community-based training service vendor.(6) If the direct support worker is required to transport the consumer, the vouchered community-based training service vendor shall verify that the direct support worker can transport the consumer safely and has a valid California drivers license and proof of insurance.(7) (A) The rate for vouchered community-based training service shall not exceed fourteen dollars and ninety-nine cents ($14.99) per hour. The rate includes employer-related taxes and all transportation needed to implement the service, except as described in paragraph (8). The rate does not include the cost of the FMS.(B) (i) Notwithstanding any other law, the rates in effect for vouchered community-based training services shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(ii) The increase described in clause (i) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(8) A consumer vendored as a vouchered community-based training service shall also be eligible for a regional center-funded bus pass, if appropriate and needed.(9) Vouchered community-based training service shall be limited to a maximum of 150 hours per quarter. The services to be provided and the service hours shall be documented in the consumers IPP.(10) A direct support worker of vouchered community-based training service shall be an adult who possesses the skill, training, and experience necessary to provide services in accordance with the IPP.(11) Effective July 1, 2011, and prior to the time of development, review, or modification of a consumers IPP, regional centers shall provide information about vouchered community-based training service to eligible adult consumers. A consumer may request information about vouchered community-based training service from the regional center at any time and may request an IPP meeting to secure those services.(12) The type and amount of vouchered community-based training service shall be determined through the IPP process pursuant to Section 4646. The IPP shall contain, but not be limited to, the following:(A) A detailed description of the consumers individualized choices and needs and how these choices and needs will be met.(B) The type and amount of services and staffing needed to meet the consumers individualized choices and unique health and safety and other needs.(d) The department may adopt emergency regulations for tailored day service or vouchered community-based training service. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe specific facts showing the need for immediate action. A certificate of compliance for these implementing regulations shall be filed within 24 months following the adoption of the first emergency regulations filed pursuant to this subdivision. |
|---|
| 95 | 95 | | |
|---|
| 96 | 96 | | |
|---|
| 97 | 97 | | |
|---|
| 98 | 98 | | 4688.21. (a) The Legislature places a high priority on opportunities for adults with developmental disabilities to choose and customize day services to meet their individualized needs; have opportunities to further the development or maintenance of employment and volunteer activities; direct their services; pursue postsecondary education; and increase their ability to lead integrated and inclusive lives. To further these goals, a consumer may choose a tailored day service or vouchered community-based training service, in lieu of any other regional center vendored day program, look-alike day program, supported employment program, or work activity program. |
|---|
| 99 | 99 | | |
|---|
| 100 | 100 | | (b) (1) A tailored day service shall do both of the following: |
|---|
| 101 | 101 | | |
|---|
| 102 | 102 | | (A) Include an individualized service design, as determined through the individual program plan (IPP) and approved by the regional center, that maximizes the consumers individualized choices and needs. This service design may include, but may not be limited to, the following: |
|---|
| 103 | 103 | | |
|---|
| 104 | 104 | | (i) Fewer days or hours than in the programs approved day program, look-alike day program, supported employment program, or work activity program design. |
|---|
| 105 | 105 | | |
|---|
| 106 | 106 | | (ii) Flexibility in the duration and intensity of services to meet the consumers individualized needs. |
|---|
| 107 | 107 | | |
|---|
| 108 | 108 | | (B) Encourage opportunities to further the development or maintenance of employment, volunteer activities, or pursuit of postsecondary education; maximize consumer direction of the service; and increase the consumers ability to lead an integrated and inclusive life. |
|---|
| 109 | 109 | | |
|---|
| 110 | 110 | | (2) The type and amount of tailored day service shall be determined through the IPP process, pursuant to Section 4646. The IPP shall contain, but not be limited to, the following: |
|---|
| 111 | 111 | | |
|---|
| 112 | 112 | | (A) A detailed description of the consumers individualized choices and needs and how these choices and needs will be met. |
|---|
| 113 | 113 | | |
|---|
| 114 | 114 | | (B) The type and amount of services and staffing needed to meet the consumers individualized choices and needs, and unique health and safety and other needs. |
|---|
| 115 | 115 | | |
|---|
| 116 | 116 | | (3) The staffing requirements set forth in Section 55756 of Title 17 of the California Code of Regulations and subdivision (r) of Section 4851 of this code shall not apply to a tailored day service. |
|---|
| 117 | 117 | | |
|---|
| 118 | 118 | | (4) For currently vendored programs wishing to offer a tailored day service option, the regional center shall vendor a tailored day service option upon negotiating a rate and maximum units of service design that includes, but is not limited to, the following: |
|---|
| 119 | 119 | | |
|---|
| 120 | 120 | | (A) A daily or hourly rate and maximum units of service design that does not exceed the equivalent cost of four days per week of the vendors current rate, if the vendor has a daily day program rate. |
|---|
| 121 | 121 | | |
|---|
| 122 | 122 | | (B) A rate and maximum units of service design that does not exceed the equivalent cost of four-fifths of the hours of the vendors current rate, if the vendor has an hourly rate. |
|---|
| 123 | 123 | | |
|---|
| 124 | 124 | | (5) The regional center shall ensure that the vendor is capable of complying with, and will comply with, the consumers IPP, individual choice, and health and safety needs. |
|---|
| 125 | 125 | | |
|---|
| 126 | 126 | | (6) For new programs wishing to offer a tailored day service option, the regional center shall vendor a tailored day service option upon negotiating a rate and maximum units of service design. The rate paid to the new vendor shall not exceed four-fifths of the temporary payment rate or the median rate, whichever is applicable. |
|---|
| 127 | 127 | | |
|---|
| 128 | 128 | | (7) Effective July 1, 2011, and prior to the time of development, review, or modification of a consumers IPP, regional centers shall provide information about tailored day service to eligible adult consumers. A consumer may request information about tailored day services from the regional center at any time and may request an IPP meeting to secure those services. |
|---|
| 129 | 129 | | |
|---|
| 130 | 130 | | (c) (1) A vouchered community-based training service is defined as a consumer-directed service that assists the consumer in the development of skills required for community integrated employment or participation in volunteer activities, or both, and the assistance necessary for the consumer to secure employment or volunteer positions or pursue secondary education. |
|---|
| 131 | 131 | | |
|---|
| 132 | 132 | | (2) Implementation of vouchered community-based training service is contingent upon the approval of the federal Centers for Medicare and Medicaid Services. |
|---|
| 133 | 133 | | |
|---|
| 134 | 134 | | (3) Vouchered community-based training service shall be provided in natural environments in the community, separate from the consumers residence. |
|---|
| 135 | 135 | | |
|---|
| 136 | 136 | | (4) A consumer, parent, or conservator vendored as a vouchered community-based training service shall utilize the services of a financial management services (FMS) entity. The regional center shall provide information about available financial management services and shall assist the consumer in selecting a FMS vendor to act as coemployer. |
|---|
| 137 | 137 | | |
|---|
| 138 | 138 | | (5) A parent or conservator shall not be the direct support worker employed by the vouchered community-based training service vendor. |
|---|
| 139 | 139 | | |
|---|
| 140 | 140 | | (6) If the direct support worker is required to transport the consumer, the vouchered community-based training service vendor shall verify that the direct support worker can transport the consumer safely and has a valid California drivers license and proof of insurance. |
|---|
| 141 | 141 | | |
|---|
| 142 | 142 | | (7) (A) The rate for vouchered community-based training service shall not exceed fourteen dollars and ninety-nine cents ($14.99) per hour. The rate includes employer-related taxes and all transportation needed to implement the service, except as described in paragraph (8). The rate does not include the cost of the FMS. |
|---|
| 143 | 143 | | |
|---|
| 144 | 144 | | (B) (i) Notwithstanding any other law, the rates in effect for vouchered community-based training services shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number. |
|---|
| 145 | 145 | | |
|---|
| 146 | 146 | | (ii) The increase described in clause (i) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage. |
|---|
| 147 | 147 | | |
|---|
| 148 | 148 | | (8) A consumer vendored as a vouchered community-based training service shall also be eligible for a regional center-funded bus pass, if appropriate and needed. |
|---|
| 149 | 149 | | |
|---|
| 150 | 150 | | (9) Vouchered community-based training service shall be limited to a maximum of 150 hours per quarter. The services to be provided and the service hours shall be documented in the consumers IPP. |
|---|
| 151 | 151 | | |
|---|
| 152 | 152 | | (10) A direct support worker of vouchered community-based training service shall be an adult who possesses the skill, training, and experience necessary to provide services in accordance with the IPP. |
|---|
| 153 | 153 | | |
|---|
| 154 | 154 | | (11) Effective July 1, 2011, and prior to the time of development, review, or modification of a consumers IPP, regional centers shall provide information about vouchered community-based training service to eligible adult consumers. A consumer may request information about vouchered community-based training service from the regional center at any time and may request an IPP meeting to secure those services. |
|---|
| 155 | 155 | | |
|---|
| 156 | 156 | | (12) The type and amount of vouchered community-based training service shall be determined through the IPP process pursuant to Section 4646. The IPP shall contain, but not be limited to, the following: |
|---|
| 157 | 157 | | |
|---|
| 158 | 158 | | (A) A detailed description of the consumers individualized choices and needs and how these choices and needs will be met. |
|---|
| 159 | 159 | | |
|---|
| 160 | 160 | | (B) The type and amount of services and staffing needed to meet the consumers individualized choices and unique health and safety and other needs. |
|---|
| 161 | 161 | | |
|---|
| 162 | 162 | | (d) The department may adopt emergency regulations for tailored day service or vouchered community-based training service. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe specific facts showing the need for immediate action. A certificate of compliance for these implementing regulations shall be filed within 24 months following the adoption of the first emergency regulations filed pursuant to this subdivision. |
|---|
| 163 | 163 | | |
|---|
| 164 | 164 | | SEC. 3. Section 4689.8 of the Welfare and Institutions Code is amended to read:4689.8. (a) Notwithstanding any other law or regulation, commencing July 1, 2008:(a)(1) No regional center may pay an existing supported living service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumers health or safety and the department has granted prior written authorization.(b)(2) No regional center may negotiate a rate with a new supported living service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional centers median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the State Department of Developmental Services its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the departments biennial fiscal audit of the regional center.(c)(b) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the rates in effect on June 30, 2016, for supported living services, as defined in Subchapter 19 of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.(c) (1) Notwithstanding any other law, the rates in effect for supported living services shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage. |
|---|
| 165 | 165 | | |
|---|
| 166 | 166 | | SEC. 3. Section 4689.8 of the Welfare and Institutions Code is amended to read: |
|---|
| 167 | 167 | | |
|---|
| 168 | 168 | | ### SEC. 3. |
|---|
| 169 | 169 | | |
|---|
| 170 | 170 | | 4689.8. (a) Notwithstanding any other law or regulation, commencing July 1, 2008:(a)(1) No regional center may pay an existing supported living service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumers health or safety and the department has granted prior written authorization.(b)(2) No regional center may negotiate a rate with a new supported living service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional centers median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the State Department of Developmental Services its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the departments biennial fiscal audit of the regional center.(c)(b) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the rates in effect on June 30, 2016, for supported living services, as defined in Subchapter 19 of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.(c) (1) Notwithstanding any other law, the rates in effect for supported living services shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage. |
|---|
| 171 | 171 | | |
|---|
| 172 | 172 | | 4689.8. (a) Notwithstanding any other law or regulation, commencing July 1, 2008:(a)(1) No regional center may pay an existing supported living service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumers health or safety and the department has granted prior written authorization.(b)(2) No regional center may negotiate a rate with a new supported living service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional centers median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the State Department of Developmental Services its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the departments biennial fiscal audit of the regional center.(c)(b) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the rates in effect on June 30, 2016, for supported living services, as defined in Subchapter 19 of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.(c) (1) Notwithstanding any other law, the rates in effect for supported living services shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage. |
|---|
| 173 | 173 | | |
|---|
| 174 | 174 | | 4689.8. (a) Notwithstanding any other law or regulation, commencing July 1, 2008:(a)(1) No regional center may pay an existing supported living service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumers health or safety and the department has granted prior written authorization.(b)(2) No regional center may negotiate a rate with a new supported living service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional centers median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the State Department of Developmental Services its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the departments biennial fiscal audit of the regional center.(c)(b) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the rates in effect on June 30, 2016, for supported living services, as defined in Subchapter 19 of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.(c) (1) Notwithstanding any other law, the rates in effect for supported living services shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage. |
|---|
| 175 | 175 | | |
|---|
| 176 | 176 | | |
|---|
| 177 | 177 | | |
|---|
| 178 | 178 | | 4689.8. (a) Notwithstanding any other law or regulation, commencing July 1, 2008: |
|---|
| 179 | 179 | | |
|---|
| 180 | 180 | | (a) |
|---|
| 181 | 181 | | |
|---|
| 182 | 182 | | |
|---|
| 183 | 183 | | |
|---|
| 184 | 184 | | (1) No regional center may pay an existing supported living service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumers health or safety and the department has granted prior written authorization. |
|---|
| 185 | 185 | | |
|---|
| 186 | 186 | | (b) |
|---|
| 187 | 187 | | |
|---|
| 188 | 188 | | |
|---|
| 189 | 189 | | |
|---|
| 190 | 190 | | (2) No regional center may negotiate a rate with a new supported living service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional centers median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the State Department of Developmental Services its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the departments biennial fiscal audit of the regional center. |
|---|
| 191 | 191 | | |
|---|
| 192 | 192 | | (c) |
|---|
| 193 | 193 | | |
|---|
| 194 | 194 | | |
|---|
| 195 | 195 | | |
|---|
| 196 | 196 | | (b) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the rates in effect on June 30, 2016, for supported living services, as defined in Subchapter 19 of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers. |
|---|
| 197 | 197 | | |
|---|
| 198 | 198 | | (c) (1) Notwithstanding any other law, the rates in effect for supported living services shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number. |
|---|
| 199 | 199 | | |
|---|
| 200 | 200 | | (2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage. |
|---|
| 201 | 201 | | |
|---|
| 202 | 202 | | SEC. 4. Section 4690 of the Welfare and Institutions Code is amended to read:4690. (a) The Director of Developmental Services shall establish, maintain, and revise, as necessary, an equitable process for setting rates of state payment for nonresidential services purchased by regional centers, and may promulgate regulations establishing program standards, or the process to be used for setting these rates, or both, in order to assure that regional centers may secure high-quality services for developmentally disabled persons from individuals or agencies vendored to provide these services. In developing the rates pursuant to regulation, the director may require vendors to submit program, cost, or other information, as necessary. The director shall take into account the rates paid by other agencies and jurisdictions for comparable services in order to assure that regional center rates are at competitive levels. In no event shall rates established pursuant to this article be any less than those established for comparable services under the Medi-Cal program.(b) (1) Notwithstanding any other law, the rates in effect for nonresidential services purchased by regional centers shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(3) The rate increase provided in this subdivision shall not apply to those services for which rates are determined by entities other than the department or are usual and customary. |
|---|
| 203 | 203 | | |
|---|
| 204 | 204 | | SEC. 4. Section 4690 of the Welfare and Institutions Code is amended to read: |
|---|
| 205 | 205 | | |
|---|
| 206 | 206 | | ### SEC. 4. |
|---|
| 207 | 207 | | |
|---|
| 208 | 208 | | 4690. (a) The Director of Developmental Services shall establish, maintain, and revise, as necessary, an equitable process for setting rates of state payment for nonresidential services purchased by regional centers, and may promulgate regulations establishing program standards, or the process to be used for setting these rates, or both, in order to assure that regional centers may secure high-quality services for developmentally disabled persons from individuals or agencies vendored to provide these services. In developing the rates pursuant to regulation, the director may require vendors to submit program, cost, or other information, as necessary. The director shall take into account the rates paid by other agencies and jurisdictions for comparable services in order to assure that regional center rates are at competitive levels. In no event shall rates established pursuant to this article be any less than those established for comparable services under the Medi-Cal program.(b) (1) Notwithstanding any other law, the rates in effect for nonresidential services purchased by regional centers shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(3) The rate increase provided in this subdivision shall not apply to those services for which rates are determined by entities other than the department or are usual and customary. |
|---|
| 209 | 209 | | |
|---|
| 210 | 210 | | 4690. (a) The Director of Developmental Services shall establish, maintain, and revise, as necessary, an equitable process for setting rates of state payment for nonresidential services purchased by regional centers, and may promulgate regulations establishing program standards, or the process to be used for setting these rates, or both, in order to assure that regional centers may secure high-quality services for developmentally disabled persons from individuals or agencies vendored to provide these services. In developing the rates pursuant to regulation, the director may require vendors to submit program, cost, or other information, as necessary. The director shall take into account the rates paid by other agencies and jurisdictions for comparable services in order to assure that regional center rates are at competitive levels. In no event shall rates established pursuant to this article be any less than those established for comparable services under the Medi-Cal program.(b) (1) Notwithstanding any other law, the rates in effect for nonresidential services purchased by regional centers shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(3) The rate increase provided in this subdivision shall not apply to those services for which rates are determined by entities other than the department or are usual and customary. |
|---|
| 211 | 211 | | |
|---|
| 212 | 212 | | 4690. (a) The Director of Developmental Services shall establish, maintain, and revise, as necessary, an equitable process for setting rates of state payment for nonresidential services purchased by regional centers, and may promulgate regulations establishing program standards, or the process to be used for setting these rates, or both, in order to assure that regional centers may secure high-quality services for developmentally disabled persons from individuals or agencies vendored to provide these services. In developing the rates pursuant to regulation, the director may require vendors to submit program, cost, or other information, as necessary. The director shall take into account the rates paid by other agencies and jurisdictions for comparable services in order to assure that regional center rates are at competitive levels. In no event shall rates established pursuant to this article be any less than those established for comparable services under the Medi-Cal program.(b) (1) Notwithstanding any other law, the rates in effect for nonresidential services purchased by regional centers shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(3) The rate increase provided in this subdivision shall not apply to those services for which rates are determined by entities other than the department or are usual and customary. |
|---|
| 213 | 213 | | |
|---|
| 214 | 214 | | |
|---|
| 215 | 215 | | |
|---|
| 216 | 216 | | 4690. (a) The Director of Developmental Services shall establish, maintain, and revise, as necessary, an equitable process for setting rates of state payment for nonresidential services purchased by regional centers, and may promulgate regulations establishing program standards, or the process to be used for setting these rates, or both, in order to assure that regional centers may secure high-quality services for developmentally disabled persons from individuals or agencies vendored to provide these services. In developing the rates pursuant to regulation, the director may require vendors to submit program, cost, or other information, as necessary. The director shall take into account the rates paid by other agencies and jurisdictions for comparable services in order to assure that regional center rates are at competitive levels. In no event shall rates established pursuant to this article be any less than those established for comparable services under the Medi-Cal program. |
|---|
| 217 | 217 | | |
|---|
| 218 | 218 | | (b) (1) Notwithstanding any other law, the rates in effect for nonresidential services purchased by regional centers shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number. |
|---|
| 219 | 219 | | |
|---|
| 220 | 220 | | (2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage. |
|---|
| 221 | 221 | | |
|---|
| 222 | 222 | | (3) The rate increase provided in this subdivision shall not apply to those services for which rates are determined by entities other than the department or are usual and customary. |
|---|
| 223 | 223 | | |
|---|
| 224 | 224 | | SEC. 5. Section 4690.5 of the Welfare and Institutions Code is amended to read:4690.5. (a) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the rate for family member-provided respite services authorized by the department and in effect on June 30, 2016, and the rates for out-of-home respite services in effect on June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.(b) (1) Notwithstanding any other law, the rates in effect for family member-provided respite services and out-of-home respite services shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(3) The rate increase provided in this subdivision shall not apply to those services for which rates are determined by entities other than the department or are usual and customary. |
|---|
| 225 | 225 | | |
|---|
| 226 | 226 | | SEC. 5. Section 4690.5 of the Welfare and Institutions Code is amended to read: |
|---|
| 227 | 227 | | |
|---|
| 228 | 228 | | ### SEC. 5. |
|---|
| 229 | 229 | | |
|---|
| 230 | 230 | | 4690.5. (a) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the rate for family member-provided respite services authorized by the department and in effect on June 30, 2016, and the rates for out-of-home respite services in effect on June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.(b) (1) Notwithstanding any other law, the rates in effect for family member-provided respite services and out-of-home respite services shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(3) The rate increase provided in this subdivision shall not apply to those services for which rates are determined by entities other than the department or are usual and customary. |
|---|
| 231 | 231 | | |
|---|
| 232 | 232 | | 4690.5. (a) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the rate for family member-provided respite services authorized by the department and in effect on June 30, 2016, and the rates for out-of-home respite services in effect on June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.(b) (1) Notwithstanding any other law, the rates in effect for family member-provided respite services and out-of-home respite services shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(3) The rate increase provided in this subdivision shall not apply to those services for which rates are determined by entities other than the department or are usual and customary. |
|---|
| 233 | 233 | | |
|---|
| 234 | 234 | | 4690.5. (a) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the rate for family member-provided respite services authorized by the department and in effect on June 30, 2016, and the rates for out-of-home respite services in effect on June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.(b) (1) Notwithstanding any other law, the rates in effect for family member-provided respite services and out-of-home respite services shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(3) The rate increase provided in this subdivision shall not apply to those services for which rates are determined by entities other than the department or are usual and customary. |
|---|
| 235 | 235 | | |
|---|
| 236 | 236 | | |
|---|
| 237 | 237 | | |
|---|
| 238 | 238 | | 4690.5. (a) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the rate for family member-provided respite services authorized by the department and in effect on June 30, 2016, and the rates for out-of-home respite services in effect on June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers. |
|---|
| 239 | 239 | | |
|---|
| 240 | 240 | | (b) (1) Notwithstanding any other law, the rates in effect for family member-provided respite services and out-of-home respite services shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number. |
|---|
| 241 | 241 | | |
|---|
| 242 | 242 | | (2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage. |
|---|
| 243 | 243 | | |
|---|
| 244 | 244 | | (3) The rate increase provided in this subdivision shall not apply to those services for which rates are determined by entities other than the department or are usual and customary. |
|---|
| 245 | 245 | | |
|---|
| 246 | 246 | | SEC. 6. Section 4691.6 of the Welfare and Institutions Code is amended to read:4691.6. (a) Notwithstanding any other law or regulation, commencing July 1, 2006, the community-based day program, work activity program, and in-home respite service agency rate schedules authorized by the department and in operation June 30, 2006, shall be increased by 3 percent, subject to funds specifically appropriated for this increase in the Budget Act of 2006. The increase shall be applied as a percentage, and the percentage shall be the same for all providers. Any subsequent increase shall be governed by subdivisions (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), and (l), and Section 4691.9.(b) Notwithstanding any other law or regulation, the department shall not establish any permanent payment rate for a community-based day program or in-home respite service agency provider that has a temporary payment rate in effect on June 30, 2008, if the permanent payment rate would be greater than the temporary payment rate in effect on or after June 30, 2008, unless the regional center demonstrates to the department that the permanent payment rate is necessary to protect the consumers health or safety.(c) Notwithstanding any other law or regulation, neither the department nor any regional center shall approve any program design modification or revendorization for a community-based day program or in-home respite service agency provider that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the program design modification or revendorization is necessary to protect the consumers health or safety and the department has granted prior written authorization.(d) Notwithstanding any other law or regulation, the department shall not approve an anticipated rate adjustment for a community-based day program or in-home respite service agency provider that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the anticipated rate adjustment is necessary to protect the consumers health or safety.(e) Notwithstanding any other law or regulation, except as set forth in subdivisions (f) and (i), the department shall not approve any rate adjustment for a work activity program that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the rate adjustment is necessary to protect the consumers health and safety and the department has granted prior written authorization.(f) Notwithstanding any other law or regulation, commencing January 1, 2017, the department may approve rate adjustments for a work activity program that demonstrates to the department that the rate adjustment is necessary in order to pay employees who, prior to January 1, 2017, were being compensated at a wage that is less than the minimum wage established on and after January 1, 2017, by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016. The rate adjustment pursuant to this subdivision shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not constitute a general wage enhancement for employees paid above the increased minimum wage.(g) Notwithstanding any other law or regulation, commencing January 1, 2017, community-based day program and in-home respite services agency providers with temporary payment rates set by the department may seek unanticipated rate adjustments from the department due to the impacts of the increased minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016. The rate adjustment shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not constitute a general wage enhancement for employees paid above the increased minimum wage.(h) Notwithstanding any other law or regulation, commencing January 1, 2015, the in-home respite service agency rate schedule authorized by the department and in operation December 31, 2014, shall be increased by 5.82 percent, subject to funds specifically appropriated for this increase for costs due to changes in federal regulations implementing the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.). The increase shall be applied as a percentage, and the percentage shall be the same for all applicable providers.(i) Notwithstanding any other law or regulation, commencing July 1, 2015, the department may approve rate adjustments for a work activity program that demonstrates to the department that the rate adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.(j) Notwithstanding any other law or regulation, commencing July 1, 2015, community-based day program and in-home respite services agency providers with temporary payment rates set by the department may seek unanticipated rate adjustments from the department if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.(k) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the in-home respite service agency rate schedule authorized by the department and in operation June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.(l) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the independent living service rate schedule authorized by the department and in operation June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.(m) (1) Notwithstanding any other law, the rates in effect for community-based day program, work activity program, and in-home respite services agency providers shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(3) The rate increase provided in this subdivision shall not apply to those services for which rates are determined by entities other than the department or are usual and customary. |
|---|
| 247 | 247 | | |
|---|
| 248 | 248 | | SEC. 6. Section 4691.6 of the Welfare and Institutions Code is amended to read: |
|---|
| 249 | 249 | | |
|---|
| 250 | 250 | | ### SEC. 6. |
|---|
| 251 | 251 | | |
|---|
| 252 | 252 | | 4691.6. (a) Notwithstanding any other law or regulation, commencing July 1, 2006, the community-based day program, work activity program, and in-home respite service agency rate schedules authorized by the department and in operation June 30, 2006, shall be increased by 3 percent, subject to funds specifically appropriated for this increase in the Budget Act of 2006. The increase shall be applied as a percentage, and the percentage shall be the same for all providers. Any subsequent increase shall be governed by subdivisions (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), and (l), and Section 4691.9.(b) Notwithstanding any other law or regulation, the department shall not establish any permanent payment rate for a community-based day program or in-home respite service agency provider that has a temporary payment rate in effect on June 30, 2008, if the permanent payment rate would be greater than the temporary payment rate in effect on or after June 30, 2008, unless the regional center demonstrates to the department that the permanent payment rate is necessary to protect the consumers health or safety.(c) Notwithstanding any other law or regulation, neither the department nor any regional center shall approve any program design modification or revendorization for a community-based day program or in-home respite service agency provider that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the program design modification or revendorization is necessary to protect the consumers health or safety and the department has granted prior written authorization.(d) Notwithstanding any other law or regulation, the department shall not approve an anticipated rate adjustment for a community-based day program or in-home respite service agency provider that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the anticipated rate adjustment is necessary to protect the consumers health or safety.(e) Notwithstanding any other law or regulation, except as set forth in subdivisions (f) and (i), the department shall not approve any rate adjustment for a work activity program that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the rate adjustment is necessary to protect the consumers health and safety and the department has granted prior written authorization.(f) Notwithstanding any other law or regulation, commencing January 1, 2017, the department may approve rate adjustments for a work activity program that demonstrates to the department that the rate adjustment is necessary in order to pay employees who, prior to January 1, 2017, were being compensated at a wage that is less than the minimum wage established on and after January 1, 2017, by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016. The rate adjustment pursuant to this subdivision shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not constitute a general wage enhancement for employees paid above the increased minimum wage.(g) Notwithstanding any other law or regulation, commencing January 1, 2017, community-based day program and in-home respite services agency providers with temporary payment rates set by the department may seek unanticipated rate adjustments from the department due to the impacts of the increased minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016. The rate adjustment shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not constitute a general wage enhancement for employees paid above the increased minimum wage.(h) Notwithstanding any other law or regulation, commencing January 1, 2015, the in-home respite service agency rate schedule authorized by the department and in operation December 31, 2014, shall be increased by 5.82 percent, subject to funds specifically appropriated for this increase for costs due to changes in federal regulations implementing the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.). The increase shall be applied as a percentage, and the percentage shall be the same for all applicable providers.(i) Notwithstanding any other law or regulation, commencing July 1, 2015, the department may approve rate adjustments for a work activity program that demonstrates to the department that the rate adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.(j) Notwithstanding any other law or regulation, commencing July 1, 2015, community-based day program and in-home respite services agency providers with temporary payment rates set by the department may seek unanticipated rate adjustments from the department if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.(k) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the in-home respite service agency rate schedule authorized by the department and in operation June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.(l) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the independent living service rate schedule authorized by the department and in operation June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.(m) (1) Notwithstanding any other law, the rates in effect for community-based day program, work activity program, and in-home respite services agency providers shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(3) The rate increase provided in this subdivision shall not apply to those services for which rates are determined by entities other than the department or are usual and customary. |
|---|
| 253 | 253 | | |
|---|
| 254 | 254 | | 4691.6. (a) Notwithstanding any other law or regulation, commencing July 1, 2006, the community-based day program, work activity program, and in-home respite service agency rate schedules authorized by the department and in operation June 30, 2006, shall be increased by 3 percent, subject to funds specifically appropriated for this increase in the Budget Act of 2006. The increase shall be applied as a percentage, and the percentage shall be the same for all providers. Any subsequent increase shall be governed by subdivisions (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), and (l), and Section 4691.9.(b) Notwithstanding any other law or regulation, the department shall not establish any permanent payment rate for a community-based day program or in-home respite service agency provider that has a temporary payment rate in effect on June 30, 2008, if the permanent payment rate would be greater than the temporary payment rate in effect on or after June 30, 2008, unless the regional center demonstrates to the department that the permanent payment rate is necessary to protect the consumers health or safety.(c) Notwithstanding any other law or regulation, neither the department nor any regional center shall approve any program design modification or revendorization for a community-based day program or in-home respite service agency provider that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the program design modification or revendorization is necessary to protect the consumers health or safety and the department has granted prior written authorization.(d) Notwithstanding any other law or regulation, the department shall not approve an anticipated rate adjustment for a community-based day program or in-home respite service agency provider that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the anticipated rate adjustment is necessary to protect the consumers health or safety.(e) Notwithstanding any other law or regulation, except as set forth in subdivisions (f) and (i), the department shall not approve any rate adjustment for a work activity program that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the rate adjustment is necessary to protect the consumers health and safety and the department has granted prior written authorization.(f) Notwithstanding any other law or regulation, commencing January 1, 2017, the department may approve rate adjustments for a work activity program that demonstrates to the department that the rate adjustment is necessary in order to pay employees who, prior to January 1, 2017, were being compensated at a wage that is less than the minimum wage established on and after January 1, 2017, by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016. The rate adjustment pursuant to this subdivision shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not constitute a general wage enhancement for employees paid above the increased minimum wage.(g) Notwithstanding any other law or regulation, commencing January 1, 2017, community-based day program and in-home respite services agency providers with temporary payment rates set by the department may seek unanticipated rate adjustments from the department due to the impacts of the increased minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016. The rate adjustment shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not constitute a general wage enhancement for employees paid above the increased minimum wage.(h) Notwithstanding any other law or regulation, commencing January 1, 2015, the in-home respite service agency rate schedule authorized by the department and in operation December 31, 2014, shall be increased by 5.82 percent, subject to funds specifically appropriated for this increase for costs due to changes in federal regulations implementing the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.). The increase shall be applied as a percentage, and the percentage shall be the same for all applicable providers.(i) Notwithstanding any other law or regulation, commencing July 1, 2015, the department may approve rate adjustments for a work activity program that demonstrates to the department that the rate adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.(j) Notwithstanding any other law or regulation, commencing July 1, 2015, community-based day program and in-home respite services agency providers with temporary payment rates set by the department may seek unanticipated rate adjustments from the department if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.(k) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the in-home respite service agency rate schedule authorized by the department and in operation June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.(l) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the independent living service rate schedule authorized by the department and in operation June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.(m) (1) Notwithstanding any other law, the rates in effect for community-based day program, work activity program, and in-home respite services agency providers shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(3) The rate increase provided in this subdivision shall not apply to those services for which rates are determined by entities other than the department or are usual and customary. |
|---|
| 255 | 255 | | |
|---|
| 256 | 256 | | 4691.6. (a) Notwithstanding any other law or regulation, commencing July 1, 2006, the community-based day program, work activity program, and in-home respite service agency rate schedules authorized by the department and in operation June 30, 2006, shall be increased by 3 percent, subject to funds specifically appropriated for this increase in the Budget Act of 2006. The increase shall be applied as a percentage, and the percentage shall be the same for all providers. Any subsequent increase shall be governed by subdivisions (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), and (l), and Section 4691.9.(b) Notwithstanding any other law or regulation, the department shall not establish any permanent payment rate for a community-based day program or in-home respite service agency provider that has a temporary payment rate in effect on June 30, 2008, if the permanent payment rate would be greater than the temporary payment rate in effect on or after June 30, 2008, unless the regional center demonstrates to the department that the permanent payment rate is necessary to protect the consumers health or safety.(c) Notwithstanding any other law or regulation, neither the department nor any regional center shall approve any program design modification or revendorization for a community-based day program or in-home respite service agency provider that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the program design modification or revendorization is necessary to protect the consumers health or safety and the department has granted prior written authorization.(d) Notwithstanding any other law or regulation, the department shall not approve an anticipated rate adjustment for a community-based day program or in-home respite service agency provider that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the anticipated rate adjustment is necessary to protect the consumers health or safety.(e) Notwithstanding any other law or regulation, except as set forth in subdivisions (f) and (i), the department shall not approve any rate adjustment for a work activity program that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the rate adjustment is necessary to protect the consumers health and safety and the department has granted prior written authorization.(f) Notwithstanding any other law or regulation, commencing January 1, 2017, the department may approve rate adjustments for a work activity program that demonstrates to the department that the rate adjustment is necessary in order to pay employees who, prior to January 1, 2017, were being compensated at a wage that is less than the minimum wage established on and after January 1, 2017, by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016. The rate adjustment pursuant to this subdivision shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not constitute a general wage enhancement for employees paid above the increased minimum wage.(g) Notwithstanding any other law or regulation, commencing January 1, 2017, community-based day program and in-home respite services agency providers with temporary payment rates set by the department may seek unanticipated rate adjustments from the department due to the impacts of the increased minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016. The rate adjustment shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not constitute a general wage enhancement for employees paid above the increased minimum wage.(h) Notwithstanding any other law or regulation, commencing January 1, 2015, the in-home respite service agency rate schedule authorized by the department and in operation December 31, 2014, shall be increased by 5.82 percent, subject to funds specifically appropriated for this increase for costs due to changes in federal regulations implementing the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.). The increase shall be applied as a percentage, and the percentage shall be the same for all applicable providers.(i) Notwithstanding any other law or regulation, commencing July 1, 2015, the department may approve rate adjustments for a work activity program that demonstrates to the department that the rate adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.(j) Notwithstanding any other law or regulation, commencing July 1, 2015, community-based day program and in-home respite services agency providers with temporary payment rates set by the department may seek unanticipated rate adjustments from the department if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.(k) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the in-home respite service agency rate schedule authorized by the department and in operation June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.(l) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the independent living service rate schedule authorized by the department and in operation June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers.(m) (1) Notwithstanding any other law, the rates in effect for community-based day program, work activity program, and in-home respite services agency providers shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(3) The rate increase provided in this subdivision shall not apply to those services for which rates are determined by entities other than the department or are usual and customary. |
|---|
| 257 | 257 | | |
|---|
| 258 | 258 | | |
|---|
| 259 | 259 | | |
|---|
| 260 | 260 | | 4691.6. (a) Notwithstanding any other law or regulation, commencing July 1, 2006, the community-based day program, work activity program, and in-home respite service agency rate schedules authorized by the department and in operation June 30, 2006, shall be increased by 3 percent, subject to funds specifically appropriated for this increase in the Budget Act of 2006. The increase shall be applied as a percentage, and the percentage shall be the same for all providers. Any subsequent increase shall be governed by subdivisions (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), and (l), and Section 4691.9. |
|---|
| 261 | 261 | | |
|---|
| 262 | 262 | | (b) Notwithstanding any other law or regulation, the department shall not establish any permanent payment rate for a community-based day program or in-home respite service agency provider that has a temporary payment rate in effect on June 30, 2008, if the permanent payment rate would be greater than the temporary payment rate in effect on or after June 30, 2008, unless the regional center demonstrates to the department that the permanent payment rate is necessary to protect the consumers health or safety. |
|---|
| 263 | 263 | | |
|---|
| 264 | 264 | | (c) Notwithstanding any other law or regulation, neither the department nor any regional center shall approve any program design modification or revendorization for a community-based day program or in-home respite service agency provider that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the program design modification or revendorization is necessary to protect the consumers health or safety and the department has granted prior written authorization. |
|---|
| 265 | 265 | | |
|---|
| 266 | 266 | | (d) Notwithstanding any other law or regulation, the department shall not approve an anticipated rate adjustment for a community-based day program or in-home respite service agency provider that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the anticipated rate adjustment is necessary to protect the consumers health or safety. |
|---|
| 267 | 267 | | |
|---|
| 268 | 268 | | (e) Notwithstanding any other law or regulation, except as set forth in subdivisions (f) and (i), the department shall not approve any rate adjustment for a work activity program that would result in an increase in the rate to be paid to the vendor from the rate that is in effect on or after June 30, 2008, unless the regional center demonstrates that the rate adjustment is necessary to protect the consumers health and safety and the department has granted prior written authorization. |
|---|
| 269 | 269 | | |
|---|
| 270 | 270 | | (f) Notwithstanding any other law or regulation, commencing January 1, 2017, the department may approve rate adjustments for a work activity program that demonstrates to the department that the rate adjustment is necessary in order to pay employees who, prior to January 1, 2017, were being compensated at a wage that is less than the minimum wage established on and after January 1, 2017, by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016. The rate adjustment pursuant to this subdivision shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not constitute a general wage enhancement for employees paid above the increased minimum wage. |
|---|
| 271 | 271 | | |
|---|
| 272 | 272 | | (g) Notwithstanding any other law or regulation, commencing January 1, 2017, community-based day program and in-home respite services agency providers with temporary payment rates set by the department may seek unanticipated rate adjustments from the department due to the impacts of the increased minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016. The rate adjustment shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not constitute a general wage enhancement for employees paid above the increased minimum wage. |
|---|
| 273 | 273 | | |
|---|
| 274 | 274 | | (h) Notwithstanding any other law or regulation, commencing January 1, 2015, the in-home respite service agency rate schedule authorized by the department and in operation December 31, 2014, shall be increased by 5.82 percent, subject to funds specifically appropriated for this increase for costs due to changes in federal regulations implementing the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.). The increase shall be applied as a percentage, and the percentage shall be the same for all applicable providers. |
|---|
| 275 | 275 | | |
|---|
| 276 | 276 | | (i) Notwithstanding any other law or regulation, commencing July 1, 2015, the department may approve rate adjustments for a work activity program that demonstrates to the department that the rate adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment. |
|---|
| 277 | 277 | | |
|---|
| 278 | 278 | | (j) Notwithstanding any other law or regulation, commencing July 1, 2015, community-based day program and in-home respite services agency providers with temporary payment rates set by the department may seek unanticipated rate adjustments from the department if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment. |
|---|
| 279 | 279 | | |
|---|
| 280 | 280 | | (k) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the in-home respite service agency rate schedule authorized by the department and in operation June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers. |
|---|
| 281 | 281 | | |
|---|
| 282 | 282 | | (l) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, the independent living service rate schedule authorized by the department and in operation June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage, and the percentage shall be the same for all providers. |
|---|
| 283 | 283 | | |
|---|
| 284 | 284 | | (m) (1) Notwithstanding any other law, the rates in effect for community-based day program, work activity program, and in-home respite services agency providers shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number. |
|---|
| 285 | 285 | | |
|---|
| 286 | 286 | | (2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage. |
|---|
| 287 | 287 | | |
|---|
| 288 | 288 | | (3) The rate increase provided in this subdivision shall not apply to those services for which rates are determined by entities other than the department or are usual and customary. |
|---|
| 289 | 289 | | |
|---|
| 290 | 290 | | SEC. 7. Section 4691.9 of the Welfare and Institutions Code is amended to read:4691.9. (a) Notwithstanding any other law or regulation, commencing July 1, 2008:(1) A regional center shall not pay an existing service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumers health or safety and the department has granted prior written authorization.(2) A regional center shall not negotiate a rate with a new service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional centers median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the State Department of Developmental Services its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the departments biennial fiscal audit of the regional center.(b) Notwithstanding subdivision (a), commencing January 1, 2017, regional centers may negotiate a rate adjustment with providers regarding rates if the adjustment is necessary in order to pay employees no less than the minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016, and only for the purpose of adjusting payroll costs associated with the minimum wage increase. The rate adjustment shall be specific to the unit of service designation that is affected by the increased minimum wage, shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not be used as a general wage enhancement for employees paid above the increased minimum wage. Regional centers shall maintain documentation on the process to determine, and the rationale for granting, any rate adjustment associated with the minimum wage increase.(c) Notwithstanding any other law or regulation, commencing January 1, 2015, rates for personal assistance and supported living services in effect on December 31, 2014, shall be increased by 5.82 percent, subject to funds specifically appropriated for this increase for costs due to changes in federal regulations implementing the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.). The increase shall be applied as a percentage, and the percentage shall be the same for all applicable providers. As used in this subdivision, both of the following definitions shall apply:(1) Personal assistance is limited only to those services provided by vendors classified by the regional center as personal assistance providers, pursuant to the miscellaneous services provisions contained in Title 17 of the California Code of Regulations.(2) Supported living services are limited only to those services defined as supported living services in Title 17 of the California Code of Regulations.(d) Notwithstanding subdivision (a), commencing July 1, 2015, regional centers may negotiate a rate adjustment with existing service providers for services for which rates are determined through negotiation between the regional center and the provider, if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.(e) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, rates for transportation services in effect on June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage to existing rates, and the percentage shall be the same for all applicable providers.(f) (1) Notwithstanding any other law, the rates in effect for service providers for services for which rates are determined through negotiation between the regional center and the provider shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on to the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(f)(g) This section shall not apply to those services for which rates are determined by the State Department of Health Care Services, or the State Department of Developmental Services, or are usual and customary. |
|---|
| 291 | 291 | | |
|---|
| 292 | 292 | | SEC. 7. Section 4691.9 of the Welfare and Institutions Code is amended to read: |
|---|
| 293 | 293 | | |
|---|
| 294 | 294 | | ### SEC. 7. |
|---|
| 295 | 295 | | |
|---|
| 296 | 296 | | 4691.9. (a) Notwithstanding any other law or regulation, commencing July 1, 2008:(1) A regional center shall not pay an existing service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumers health or safety and the department has granted prior written authorization.(2) A regional center shall not negotiate a rate with a new service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional centers median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the State Department of Developmental Services its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the departments biennial fiscal audit of the regional center.(b) Notwithstanding subdivision (a), commencing January 1, 2017, regional centers may negotiate a rate adjustment with providers regarding rates if the adjustment is necessary in order to pay employees no less than the minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016, and only for the purpose of adjusting payroll costs associated with the minimum wage increase. The rate adjustment shall be specific to the unit of service designation that is affected by the increased minimum wage, shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not be used as a general wage enhancement for employees paid above the increased minimum wage. Regional centers shall maintain documentation on the process to determine, and the rationale for granting, any rate adjustment associated with the minimum wage increase.(c) Notwithstanding any other law or regulation, commencing January 1, 2015, rates for personal assistance and supported living services in effect on December 31, 2014, shall be increased by 5.82 percent, subject to funds specifically appropriated for this increase for costs due to changes in federal regulations implementing the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.). The increase shall be applied as a percentage, and the percentage shall be the same for all applicable providers. As used in this subdivision, both of the following definitions shall apply:(1) Personal assistance is limited only to those services provided by vendors classified by the regional center as personal assistance providers, pursuant to the miscellaneous services provisions contained in Title 17 of the California Code of Regulations.(2) Supported living services are limited only to those services defined as supported living services in Title 17 of the California Code of Regulations.(d) Notwithstanding subdivision (a), commencing July 1, 2015, regional centers may negotiate a rate adjustment with existing service providers for services for which rates are determined through negotiation between the regional center and the provider, if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.(e) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, rates for transportation services in effect on June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage to existing rates, and the percentage shall be the same for all applicable providers.(f) (1) Notwithstanding any other law, the rates in effect for service providers for services for which rates are determined through negotiation between the regional center and the provider shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on to the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(f)(g) This section shall not apply to those services for which rates are determined by the State Department of Health Care Services, or the State Department of Developmental Services, or are usual and customary. |
|---|
| 297 | 297 | | |
|---|
| 298 | 298 | | 4691.9. (a) Notwithstanding any other law or regulation, commencing July 1, 2008:(1) A regional center shall not pay an existing service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumers health or safety and the department has granted prior written authorization.(2) A regional center shall not negotiate a rate with a new service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional centers median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the State Department of Developmental Services its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the departments biennial fiscal audit of the regional center.(b) Notwithstanding subdivision (a), commencing January 1, 2017, regional centers may negotiate a rate adjustment with providers regarding rates if the adjustment is necessary in order to pay employees no less than the minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016, and only for the purpose of adjusting payroll costs associated with the minimum wage increase. The rate adjustment shall be specific to the unit of service designation that is affected by the increased minimum wage, shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not be used as a general wage enhancement for employees paid above the increased minimum wage. Regional centers shall maintain documentation on the process to determine, and the rationale for granting, any rate adjustment associated with the minimum wage increase.(c) Notwithstanding any other law or regulation, commencing January 1, 2015, rates for personal assistance and supported living services in effect on December 31, 2014, shall be increased by 5.82 percent, subject to funds specifically appropriated for this increase for costs due to changes in federal regulations implementing the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.). The increase shall be applied as a percentage, and the percentage shall be the same for all applicable providers. As used in this subdivision, both of the following definitions shall apply:(1) Personal assistance is limited only to those services provided by vendors classified by the regional center as personal assistance providers, pursuant to the miscellaneous services provisions contained in Title 17 of the California Code of Regulations.(2) Supported living services are limited only to those services defined as supported living services in Title 17 of the California Code of Regulations.(d) Notwithstanding subdivision (a), commencing July 1, 2015, regional centers may negotiate a rate adjustment with existing service providers for services for which rates are determined through negotiation between the regional center and the provider, if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.(e) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, rates for transportation services in effect on June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage to existing rates, and the percentage shall be the same for all applicable providers.(f) (1) Notwithstanding any other law, the rates in effect for service providers for services for which rates are determined through negotiation between the regional center and the provider shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on to the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(f)(g) This section shall not apply to those services for which rates are determined by the State Department of Health Care Services, or the State Department of Developmental Services, or are usual and customary. |
|---|
| 299 | 299 | | |
|---|
| 300 | 300 | | 4691.9. (a) Notwithstanding any other law or regulation, commencing July 1, 2008:(1) A regional center shall not pay an existing service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumers health or safety and the department has granted prior written authorization.(2) A regional center shall not negotiate a rate with a new service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional centers median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the State Department of Developmental Services its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the departments biennial fiscal audit of the regional center.(b) Notwithstanding subdivision (a), commencing January 1, 2017, regional centers may negotiate a rate adjustment with providers regarding rates if the adjustment is necessary in order to pay employees no less than the minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016, and only for the purpose of adjusting payroll costs associated with the minimum wage increase. The rate adjustment shall be specific to the unit of service designation that is affected by the increased minimum wage, shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not be used as a general wage enhancement for employees paid above the increased minimum wage. Regional centers shall maintain documentation on the process to determine, and the rationale for granting, any rate adjustment associated with the minimum wage increase.(c) Notwithstanding any other law or regulation, commencing January 1, 2015, rates for personal assistance and supported living services in effect on December 31, 2014, shall be increased by 5.82 percent, subject to funds specifically appropriated for this increase for costs due to changes in federal regulations implementing the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.). The increase shall be applied as a percentage, and the percentage shall be the same for all applicable providers. As used in this subdivision, both of the following definitions shall apply:(1) Personal assistance is limited only to those services provided by vendors classified by the regional center as personal assistance providers, pursuant to the miscellaneous services provisions contained in Title 17 of the California Code of Regulations.(2) Supported living services are limited only to those services defined as supported living services in Title 17 of the California Code of Regulations.(d) Notwithstanding subdivision (a), commencing July 1, 2015, regional centers may negotiate a rate adjustment with existing service providers for services for which rates are determined through negotiation between the regional center and the provider, if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment.(e) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, rates for transportation services in effect on June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage to existing rates, and the percentage shall be the same for all applicable providers.(f) (1) Notwithstanding any other law, the rates in effect for service providers for services for which rates are determined through negotiation between the regional center and the provider shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on to the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage.(f)(g) This section shall not apply to those services for which rates are determined by the State Department of Health Care Services, or the State Department of Developmental Services, or are usual and customary. |
|---|
| 301 | 301 | | |
|---|
| 302 | 302 | | |
|---|
| 303 | 303 | | |
|---|
| 304 | 304 | | 4691.9. (a) Notwithstanding any other law or regulation, commencing July 1, 2008: |
|---|
| 305 | 305 | | |
|---|
| 306 | 306 | | (1) A regional center shall not pay an existing service provider, for services where rates are determined through a negotiation between the regional center and the provider, a rate higher than the rate in effect on June 30, 2008, unless the increase is required by a contract between the regional center and the vendor that is in effect on June 30, 2008, or the regional center demonstrates that the approval is necessary to protect the consumers health or safety and the department has granted prior written authorization. |
|---|
| 307 | 307 | | |
|---|
| 308 | 308 | | (2) A regional center shall not negotiate a rate with a new service provider, for services where rates are determined through a negotiation between the regional center and the provider, that is higher than the regional centers median rate for the same service code and unit of service, or the statewide median rate for the same service code and unit of service, whichever is lower. The unit of service designation shall conform with an existing regional center designation or, if none exists, a designation used to calculate the statewide median rate for the same service. The regional center shall annually certify to the State Department of Developmental Services its median rate for each negotiated rate service code, by designated unit of service. This certification shall be subject to verification through the departments biennial fiscal audit of the regional center. |
|---|
| 309 | 309 | | |
|---|
| 310 | 310 | | (b) Notwithstanding subdivision (a), commencing January 1, 2017, regional centers may negotiate a rate adjustment with providers regarding rates if the adjustment is necessary in order to pay employees no less than the minimum wage as established by Section 1182.12 of the Labor Code, as amended by Chapter 4 of the Statutes of 2016, and only for the purpose of adjusting payroll costs associated with the minimum wage increase. The rate adjustment shall be specific to the unit of service designation that is affected by the increased minimum wage, shall be specific to payroll costs associated with any increase necessary to adjust employee pay only to the extent necessary to bring pay into compliance with the increased state minimum wage, and shall not be used as a general wage enhancement for employees paid above the increased minimum wage. Regional centers shall maintain documentation on the process to determine, and the rationale for granting, any rate adjustment associated with the minimum wage increase. |
|---|
| 311 | 311 | | |
|---|
| 312 | 312 | | (c) Notwithstanding any other law or regulation, commencing January 1, 2015, rates for personal assistance and supported living services in effect on December 31, 2014, shall be increased by 5.82 percent, subject to funds specifically appropriated for this increase for costs due to changes in federal regulations implementing the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.). The increase shall be applied as a percentage, and the percentage shall be the same for all applicable providers. As used in this subdivision, both of the following definitions shall apply: |
|---|
| 313 | 313 | | |
|---|
| 314 | 314 | | (1) Personal assistance is limited only to those services provided by vendors classified by the regional center as personal assistance providers, pursuant to the miscellaneous services provisions contained in Title 17 of the California Code of Regulations. |
|---|
| 315 | 315 | | |
|---|
| 316 | 316 | | (2) Supported living services are limited only to those services defined as supported living services in Title 17 of the California Code of Regulations. |
|---|
| 317 | 317 | | |
|---|
| 318 | 318 | | (d) Notwithstanding subdivision (a), commencing July 1, 2015, regional centers may negotiate a rate adjustment with existing service providers for services for which rates are determined through negotiation between the regional center and the provider, if the adjustment is necessary to implement Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, as added by Chapter 317 of the Statutes of 2014. The rate adjustment may be applied only if a minimum of 24 hours or three days of paid sick leave per year was not a benefit provided to employees as of June 30, 2015, and shall be specific to payroll costs associated with any increase necessary to compensate an employee up to a maximum of 24 hours or three days of paid sick leave in each year of employment. |
|---|
| 319 | 319 | | |
|---|
| 320 | 320 | | (e) Notwithstanding any other law or regulation, commencing July 1, 2016, and to the extent funds are appropriated in the annual Budget Act for this purpose, rates for transportation services in effect on June 30, 2016, shall be increased by 5 percent. The increase shall be applied as a percentage to existing rates, and the percentage shall be the same for all applicable providers. |
|---|
| 321 | 321 | | |
|---|
| 322 | 322 | | (f) (1) Notwithstanding any other law, the rates in effect for service providers for services for which rates are determined through negotiation between the regional center and the provider shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number. |
|---|
| 323 | 323 | | |
|---|
| 324 | 324 | | (2) The increase described in paragraph (1) shall be calculated based on to the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage. |
|---|
| 325 | 325 | | |
|---|
| 326 | 326 | | (f) |
|---|
| 327 | 327 | | |
|---|
| 328 | 328 | | |
|---|
| 329 | 329 | | |
|---|
| 330 | 330 | | (g) This section shall not apply to those services for which rates are determined by the State Department of Health Care Services, or the State Department of Developmental Services, or are usual and customary. |
|---|
| 331 | 331 | | |
|---|
| 332 | 332 | | SEC. 8. Section 4860 of the Welfare and Institutions Code is amended to read:4860. (a) (1) The hourly rate for supported employment services provided to consumers receiving individualized services is thirty-six dollars and fifty-seven cents ($36.57).(2) Job coach hours spent in travel to consumer worksites may be reimbursable for individualized services only when the job coach travels from the vendors headquarters to the consumers worksite or from one consumers worksite to another, and only when the travel is one way.(b) The hourly rate for group services is thirty-six dollars and fifty-seven cents ($36.57), regardless of the number of consumers served in the group. Consumers in a group shall be scheduled to start and end work at the same time, unless an exception that takes into consideration the consumers compensated work schedule is approved in advance by the regional center. The department, in consultation with stakeholders, shall adopt regulations to define the appropriate grounds for granting these exceptions. When the number of consumers in a supported employment placement group drops to fewer than the minimum required in subdivision (r) of Section 4851, the regional center may terminate funding for the group services in that group, unless, within 90 days, the program provider adds one or more regional centers, or Department of Rehabilitation-funded supported employment consumers to the group.(c) Job coaching hours for group services shall be allocated on a prorated basis between a regional center and the Department of Rehabilitation when regional center and Department of Rehabilitation consumers are served in the same group.(d) When Section 4855 applies, fees shall be authorized for the following:(1) A three-hundred-sixty-dollar ($360) fee shall be paid to the program provider upon intake of a consumer into a supported employment program. No fee shall be paid if that consumer completed a supported employment intake process with that same supported employment program within the previous 12 months.(2) A seven-hundred-twenty-dollar ($720) fee shall be paid upon placement of a consumer in an integrated job, except that no fee shall be paid if that consumer is placed with another consumer or consumers assigned to the same job coach during the same hours of employment.(3) A seven-hundred-twenty-dollar ($720) fee shall be paid after a 90-day retention of a consumer in a job, except that no fee shall be paid if that consumer has been placed with another consumer or consumers, assigned to the same job coach during the same hours of employment.(e) Notwithstanding paragraph (4) of subdivision (a) of Section 4648, the regional center shall pay the supported employment program rates established by this section.(f) The department, with regional center participation, shall conduct an annual survey of providers, in a format determined by the department, to collect the following information:(1) The number of employment placements in the previous 12 months.(2) Types of employment in which consumers are placed.(3) The cost components of the rates in subdivisions (a) and (b), including, but not limited to, the amount used for hourly wages of job coaches, administration, and placement search costs.(4) The number of hours each consumer works and the consumers hourly wage.(5) Any other information determined by the department.(g) In its 201718 May Revision fiscal estimate, the department shall describe the results of the survey described in subdivision (f).(h) (1) Notwithstanding any other law, the rates in effect for the services described in subdivisions (a) and (b) shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage. |
|---|
| 333 | 333 | | |
|---|
| 334 | 334 | | SEC. 8. Section 4860 of the Welfare and Institutions Code is amended to read: |
|---|
| 335 | 335 | | |
|---|
| 336 | 336 | | ### SEC. 8. |
|---|
| 337 | 337 | | |
|---|
| 338 | 338 | | 4860. (a) (1) The hourly rate for supported employment services provided to consumers receiving individualized services is thirty-six dollars and fifty-seven cents ($36.57).(2) Job coach hours spent in travel to consumer worksites may be reimbursable for individualized services only when the job coach travels from the vendors headquarters to the consumers worksite or from one consumers worksite to another, and only when the travel is one way.(b) The hourly rate for group services is thirty-six dollars and fifty-seven cents ($36.57), regardless of the number of consumers served in the group. Consumers in a group shall be scheduled to start and end work at the same time, unless an exception that takes into consideration the consumers compensated work schedule is approved in advance by the regional center. The department, in consultation with stakeholders, shall adopt regulations to define the appropriate grounds for granting these exceptions. When the number of consumers in a supported employment placement group drops to fewer than the minimum required in subdivision (r) of Section 4851, the regional center may terminate funding for the group services in that group, unless, within 90 days, the program provider adds one or more regional centers, or Department of Rehabilitation-funded supported employment consumers to the group.(c) Job coaching hours for group services shall be allocated on a prorated basis between a regional center and the Department of Rehabilitation when regional center and Department of Rehabilitation consumers are served in the same group.(d) When Section 4855 applies, fees shall be authorized for the following:(1) A three-hundred-sixty-dollar ($360) fee shall be paid to the program provider upon intake of a consumer into a supported employment program. No fee shall be paid if that consumer completed a supported employment intake process with that same supported employment program within the previous 12 months.(2) A seven-hundred-twenty-dollar ($720) fee shall be paid upon placement of a consumer in an integrated job, except that no fee shall be paid if that consumer is placed with another consumer or consumers assigned to the same job coach during the same hours of employment.(3) A seven-hundred-twenty-dollar ($720) fee shall be paid after a 90-day retention of a consumer in a job, except that no fee shall be paid if that consumer has been placed with another consumer or consumers, assigned to the same job coach during the same hours of employment.(e) Notwithstanding paragraph (4) of subdivision (a) of Section 4648, the regional center shall pay the supported employment program rates established by this section.(f) The department, with regional center participation, shall conduct an annual survey of providers, in a format determined by the department, to collect the following information:(1) The number of employment placements in the previous 12 months.(2) Types of employment in which consumers are placed.(3) The cost components of the rates in subdivisions (a) and (b), including, but not limited to, the amount used for hourly wages of job coaches, administration, and placement search costs.(4) The number of hours each consumer works and the consumers hourly wage.(5) Any other information determined by the department.(g) In its 201718 May Revision fiscal estimate, the department shall describe the results of the survey described in subdivision (f).(h) (1) Notwithstanding any other law, the rates in effect for the services described in subdivisions (a) and (b) shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage. |
|---|
| 339 | 339 | | |
|---|
| 340 | 340 | | 4860. (a) (1) The hourly rate for supported employment services provided to consumers receiving individualized services is thirty-six dollars and fifty-seven cents ($36.57).(2) Job coach hours spent in travel to consumer worksites may be reimbursable for individualized services only when the job coach travels from the vendors headquarters to the consumers worksite or from one consumers worksite to another, and only when the travel is one way.(b) The hourly rate for group services is thirty-six dollars and fifty-seven cents ($36.57), regardless of the number of consumers served in the group. Consumers in a group shall be scheduled to start and end work at the same time, unless an exception that takes into consideration the consumers compensated work schedule is approved in advance by the regional center. The department, in consultation with stakeholders, shall adopt regulations to define the appropriate grounds for granting these exceptions. When the number of consumers in a supported employment placement group drops to fewer than the minimum required in subdivision (r) of Section 4851, the regional center may terminate funding for the group services in that group, unless, within 90 days, the program provider adds one or more regional centers, or Department of Rehabilitation-funded supported employment consumers to the group.(c) Job coaching hours for group services shall be allocated on a prorated basis between a regional center and the Department of Rehabilitation when regional center and Department of Rehabilitation consumers are served in the same group.(d) When Section 4855 applies, fees shall be authorized for the following:(1) A three-hundred-sixty-dollar ($360) fee shall be paid to the program provider upon intake of a consumer into a supported employment program. No fee shall be paid if that consumer completed a supported employment intake process with that same supported employment program within the previous 12 months.(2) A seven-hundred-twenty-dollar ($720) fee shall be paid upon placement of a consumer in an integrated job, except that no fee shall be paid if that consumer is placed with another consumer or consumers assigned to the same job coach during the same hours of employment.(3) A seven-hundred-twenty-dollar ($720) fee shall be paid after a 90-day retention of a consumer in a job, except that no fee shall be paid if that consumer has been placed with another consumer or consumers, assigned to the same job coach during the same hours of employment.(e) Notwithstanding paragraph (4) of subdivision (a) of Section 4648, the regional center shall pay the supported employment program rates established by this section.(f) The department, with regional center participation, shall conduct an annual survey of providers, in a format determined by the department, to collect the following information:(1) The number of employment placements in the previous 12 months.(2) Types of employment in which consumers are placed.(3) The cost components of the rates in subdivisions (a) and (b), including, but not limited to, the amount used for hourly wages of job coaches, administration, and placement search costs.(4) The number of hours each consumer works and the consumers hourly wage.(5) Any other information determined by the department.(g) In its 201718 May Revision fiscal estimate, the department shall describe the results of the survey described in subdivision (f).(h) (1) Notwithstanding any other law, the rates in effect for the services described in subdivisions (a) and (b) shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage. |
|---|
| 341 | 341 | | |
|---|
| 342 | 342 | | 4860. (a) (1) The hourly rate for supported employment services provided to consumers receiving individualized services is thirty-six dollars and fifty-seven cents ($36.57).(2) Job coach hours spent in travel to consumer worksites may be reimbursable for individualized services only when the job coach travels from the vendors headquarters to the consumers worksite or from one consumers worksite to another, and only when the travel is one way.(b) The hourly rate for group services is thirty-six dollars and fifty-seven cents ($36.57), regardless of the number of consumers served in the group. Consumers in a group shall be scheduled to start and end work at the same time, unless an exception that takes into consideration the consumers compensated work schedule is approved in advance by the regional center. The department, in consultation with stakeholders, shall adopt regulations to define the appropriate grounds for granting these exceptions. When the number of consumers in a supported employment placement group drops to fewer than the minimum required in subdivision (r) of Section 4851, the regional center may terminate funding for the group services in that group, unless, within 90 days, the program provider adds one or more regional centers, or Department of Rehabilitation-funded supported employment consumers to the group.(c) Job coaching hours for group services shall be allocated on a prorated basis between a regional center and the Department of Rehabilitation when regional center and Department of Rehabilitation consumers are served in the same group.(d) When Section 4855 applies, fees shall be authorized for the following:(1) A three-hundred-sixty-dollar ($360) fee shall be paid to the program provider upon intake of a consumer into a supported employment program. No fee shall be paid if that consumer completed a supported employment intake process with that same supported employment program within the previous 12 months.(2) A seven-hundred-twenty-dollar ($720) fee shall be paid upon placement of a consumer in an integrated job, except that no fee shall be paid if that consumer is placed with another consumer or consumers assigned to the same job coach during the same hours of employment.(3) A seven-hundred-twenty-dollar ($720) fee shall be paid after a 90-day retention of a consumer in a job, except that no fee shall be paid if that consumer has been placed with another consumer or consumers, assigned to the same job coach during the same hours of employment.(e) Notwithstanding paragraph (4) of subdivision (a) of Section 4648, the regional center shall pay the supported employment program rates established by this section.(f) The department, with regional center participation, shall conduct an annual survey of providers, in a format determined by the department, to collect the following information:(1) The number of employment placements in the previous 12 months.(2) Types of employment in which consumers are placed.(3) The cost components of the rates in subdivisions (a) and (b), including, but not limited to, the amount used for hourly wages of job coaches, administration, and placement search costs.(4) The number of hours each consumer works and the consumers hourly wage.(5) Any other information determined by the department.(g) In its 201718 May Revision fiscal estimate, the department shall describe the results of the survey described in subdivision (f).(h) (1) Notwithstanding any other law, the rates in effect for the services described in subdivisions (a) and (b) shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number.(2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage. |
|---|
| 343 | 343 | | |
|---|
| 344 | 344 | | |
|---|
| 345 | 345 | | |
|---|
| 346 | 346 | | 4860. (a) (1) The hourly rate for supported employment services provided to consumers receiving individualized services is thirty-six dollars and fifty-seven cents ($36.57). |
|---|
| 347 | 347 | | |
|---|
| 348 | 348 | | (2) Job coach hours spent in travel to consumer worksites may be reimbursable for individualized services only when the job coach travels from the vendors headquarters to the consumers worksite or from one consumers worksite to another, and only when the travel is one way. |
|---|
| 349 | 349 | | |
|---|
| 350 | 350 | | (b) The hourly rate for group services is thirty-six dollars and fifty-seven cents ($36.57), regardless of the number of consumers served in the group. Consumers in a group shall be scheduled to start and end work at the same time, unless an exception that takes into consideration the consumers compensated work schedule is approved in advance by the regional center. The department, in consultation with stakeholders, shall adopt regulations to define the appropriate grounds for granting these exceptions. When the number of consumers in a supported employment placement group drops to fewer than the minimum required in subdivision (r) of Section 4851, the regional center may terminate funding for the group services in that group, unless, within 90 days, the program provider adds one or more regional centers, or Department of Rehabilitation-funded supported employment consumers to the group. |
|---|
| 351 | 351 | | |
|---|
| 352 | 352 | | (c) Job coaching hours for group services shall be allocated on a prorated basis between a regional center and the Department of Rehabilitation when regional center and Department of Rehabilitation consumers are served in the same group. |
|---|
| 353 | 353 | | |
|---|
| 354 | 354 | | (d) When Section 4855 applies, fees shall be authorized for the following: |
|---|
| 355 | 355 | | |
|---|
| 356 | 356 | | (1) A three-hundred-sixty-dollar ($360) fee shall be paid to the program provider upon intake of a consumer into a supported employment program. No fee shall be paid if that consumer completed a supported employment intake process with that same supported employment program within the previous 12 months. |
|---|
| 357 | 357 | | |
|---|
| 358 | 358 | | (2) A seven-hundred-twenty-dollar ($720) fee shall be paid upon placement of a consumer in an integrated job, except that no fee shall be paid if that consumer is placed with another consumer or consumers assigned to the same job coach during the same hours of employment. |
|---|
| 359 | 359 | | |
|---|
| 360 | 360 | | (3) A seven-hundred-twenty-dollar ($720) fee shall be paid after a 90-day retention of a consumer in a job, except that no fee shall be paid if that consumer has been placed with another consumer or consumers, assigned to the same job coach during the same hours of employment. |
|---|
| 361 | 361 | | |
|---|
| 362 | 362 | | (e) Notwithstanding paragraph (4) of subdivision (a) of Section 4648, the regional center shall pay the supported employment program rates established by this section. |
|---|
| 363 | 363 | | |
|---|
| 364 | 364 | | (f) The department, with regional center participation, shall conduct an annual survey of providers, in a format determined by the department, to collect the following information: |
|---|
| 365 | 365 | | |
|---|
| 366 | 366 | | (1) The number of employment placements in the previous 12 months. |
|---|
| 367 | 367 | | |
|---|
| 368 | 368 | | (2) Types of employment in which consumers are placed. |
|---|
| 369 | 369 | | |
|---|
| 370 | 370 | | (3) The cost components of the rates in subdivisions (a) and (b), including, but not limited to, the amount used for hourly wages of job coaches, administration, and placement search costs. |
|---|
| 371 | 371 | | |
|---|
| 372 | 372 | | (4) The number of hours each consumer works and the consumers hourly wage. |
|---|
| 373 | 373 | | |
|---|
| 374 | 374 | | (5) Any other information determined by the department. |
|---|
| 375 | 375 | | |
|---|
| 376 | 376 | | (g) In its 201718 May Revision fiscal estimate, the department shall describe the results of the survey described in subdivision (f). |
|---|
| 377 | 377 | | |
|---|
| 378 | 378 | | (h) (1) Notwithstanding any other law, the rates in effect for the services described in subdivisions (a) and (b) shall be increased by 3.33 percent for each one-dollar ($1) increase in the state minimum wage, or by a prorated percentage for an increase that is not a whole number. |
|---|
| 379 | 379 | | |
|---|
| 380 | 380 | | (2) The increase described in paragraph (1) shall be calculated based on the rates in effect on December 31 prior to the effective date of an increase in the state minimum wage. |
|---|