Cal. Code Regs. tit. 17 § 58880

Current through Register 2025 Notice Reg. No. 2, January 10, 2025

Section 58880 - Work Activity Programs

(a) For each payment year, the Department shall establish a maximum number of service days per year, which shall be based on a maximum of five days per week, minus the number of nationally observed holidays. At the beginning of each payment year, all Work Activity Programs shall submit to the applicable regional center, for approval a schedule of the number of days per month for which reimbursement will be requested for services provided; the total number of days in that schedule shall not exceed the maximum number of service days established by the Department.

(b) The regional center shall make payment for services using a daily rate as follows:

(1) A Work Activity Program may bill for a full day of service when the Work Activity Program has written documentation that the consumer has received allowable Work Activity Program services as specified in Section 4851(h) of the Welfare and Institutions Code;

(2) A Work Activity Program may bill for a half-day of service when the Work Activity Program has written documentation that the consumer has received services as specified in Section 4851(i) of the Welfare and Institutions Code;

(3) A Work Activity Program may not bill for a consumer who is absent or who receives services for less than two hours, excluding the lunch period, except that the Department may authorize payment for absences which are the direct result of situations or occurrences for which a state of emergency has been declared. If payment for absences due to a state of emergency is authorized, the Work Activity Program shall bill only for daily absences in excess of the average percentage of daily absences experienced by the Work Activity Program, per consumer, in the same month of the year previous to the year in which the state of emergency was declared. If the Work Activity Program was not in operation in the previous year, the average percentage of absences per consumer shall be based on the most recent comparable month, as determined by the Department, in which billing was made to the regional center;

(4) Payment using a daily rate shall be as follows:

(A) For full-day and half-day billing, the Work Activity Program shall add the approved full-days and half-days of service for each consumer for each month and invoice the regional center after the month's end for the total number of billing days for each consumer, not to exceed the maximum number of billing days for the billing month per the schedule submitted to regional center.

(c) The regional center may make payment for services using an hourly rate determined by the regional center and specified by a service contract pursuant to Section 57540. The Work Activity Program or regional center shall request this option from the other party not less than 60 (sixty) days prior to the month in which billing using an hourly rate is requested. The Work Activity Program or regional center may refuse the request. The service contract shall be effective for a minimum of one year unless the regional center discontinues payment for services on an hourly basis if it determines that the information submitted is not supported by sufficient documentation, or if it determines that the cost of using an hourly rate is greater than the cost of utilizing a daily rate or other terms of the contract are not met.

(d) The hours billed for each consumer for each month shall be determined by totaling the number of hours and minutes of services for each day. At the end of the month, the Work Activity Program shall round the total numbers of hours and minutes for each consumer to the nearest hour for the month, using simple rounding, i.e., round down for less than a half hour and round up for a half hour or more.

(e) The vendor shall maintain records for each consumer of all daily start and end times of the service, the daily lunch period, and any interruptions in the program day and as specified in Section 58822.

(f) The regional center shall make no payment for services to any person, including students of elementary or secondary schools, for whom any other agency has primary responsibility for providing such services according to Federal or State statute.

Cal. Code Regs. Tit. 17, § 58880

1. New article 9 (sections 58880-58882) and section filed 7-22-2004 as an emergency; operative 7-22-2004 (Register 2004, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-19-2004 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2004, No. 49).
3. New article 9 (sections 58880-58882) and section refiled 11-29-2004 as an emergency; operative 11-29-2004 (Register 2004, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-29-2005 or emergency language will be repealed by operation of law on the following day.
4. New article 9 (sections 58880-58882) and section refiled 3-30-2005 as an emergency; operative 3-30-2005 (Register 2005, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-28-2005 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 3-30-2005 order, including amendment of subsections (b)(3) and (b)(4)(A), transmitted to OAL 6-21-2005 and filed 8-1-2005; amendments operative 8-31-2005 (Register 2005, No. 31).

Note: Authority cited: Section 11152, Government Code; and Section 4866, Welfare and Institutions Code. Reference: Sections 4863, 4864 and 4867, Welfare and Institutions Code.