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§ 50612. Regional Center Purchase of Service Requirements.


Barclays Official California Code of Regulations Currentness
Title 17. Public Health
Division 2. Health and Welfare Agency - Department of Developmental Services Regulations
Chapter 1. General Provisions
Subchapter 6. Service Provider Accountability
Article 1. General Provisions
17 CCR § 50612
§ 50612. Regional Center Purchase of Service Requirements.
(a) A purchase of service authorization shall be obtained from the regional center for all services purchased out of center funds. This requirement may be satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt.
(b) The authorization shall be in advance of the provision of service, except as follows:
(1) A retroactive authorization shall be allowed for emergency services if services are rendered by a vendored service provider:
(A) At a time when authorized personnel of the regional center cannot be reached by the service provider either by telephone or in person (e.g., during the night or on weekends or holidays);
(B) Where the service provider, consumer, or the consumer's parent, guardian or conservator, notifies the regional center within five working days following the provision of service; and
(C) Where the regional center determines that the service was necessary and appropriate.
(c) The authorization for the purchase of service shall be in the following form:
(1) The authorization shall be in writing, except as follows:
(A) A verbal authorization by the regional center director or his authorized agency representative shall be allowed to provide emergency services utilizing the following procedures:
1. An immediate notation is made in the case record showing the date and nature of such authorization; and
2. The verbal authorization is confirmed with a written authorization from the regional center as soon as possible, but no later than the regional center's next cyclical production of purchase of service authorization documents.
(d) All authorizations which are not self-limiting in nature shall be cancelled in writing at the time a consumer case is closed by the regional center.
(e) The regional center purchase of service authorization shall contain the requirements for terminating payments to service providers. The provision for termination shall be consistent with the requirements set forth in Sections 4710, 4715, and 4741, Welfare and Institutions Code.
(1) The circumstances for terminating payments by the regional center shall include:
(A) The relocation of the consumer as a result of consumer or, where appropriate, the parent, guardian or conservator dissatisfaction;
(B) The relocation of a facility resident as a result of the determination of immediate danger or reasonable cause as defined in Title 17, California Code of Regulations, Section 56551(j) and (p); or
(C) The death of the consumer.
(2) In no event, shall a regional center terminate payments to service providers without complying with the requirements set forth in statute and regulation including, but not limited to, Welfare and Institutions Code, Sections 4648, 4710 and 4715.
(f) A copy of the purchase of service authorization shall be retained by the regional center. This requirement may be satisfied by retaining an electronic record of the information in the record, if the record reflects accurately the information set forth in the record at the time it was first generated in its final form as an electronic record or otherwise, and the electronic record remains accessible for later reference.
Note: Authority cited: Sections 4405, 4631 and 4648.2, Welfare and Institutions Code; and Section 11152, Government Code. Reference: Sections 4629(f), 4631, 4641.5 and 4648.1, Welfare and Institutions Code.
1. New section filed 9-22-89; operative 10-22-89 (Register 89, No. 40).
2. Change without regulatory effect amending subsections (b)(1)(B), (d), (e)(1)(A) and (e)(1)(C) filed 1-17-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 3).
3. Amendment of subsections (a) and (f) and Note filed 1-17-2012; operative 2-16-2012 (Register 2012, No. 3).
This database is current through 6/17/22 Register 2022, No. 24
17 CCR § 50612, 17 CA ADC § 50612
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