Section 50602 - DefinitionsThe following definitions govern the construction of sections within this subchapter unless the context requires otherwise:
(a) "Administrative Overhead Allocations" means the division of administrative overhead among the various affiliate or commonly-owned programs and/or services. Administrative overhead includes such expenses as salaries for management staff and accountants, legal fees, office space and equipment, and utility costs.(b) "Affiliate or Commonly-Owned Organizations" means two or more programs and/or services that are owned by the same person, corporation or entity.(c) "Auditing" means any examination of records and source documentation, pertaining to the service program and/or the provision of services to persons with developmental disabilities of any individual, group, or entity by the Department, regional center, or any authorized agency representative. This examination is conducted for purposes of determining compliance with fiscal or fiscally related program or service provisions of applicable statute, regulations, contracts, or agreements governing the service program and/or the provision of services to persons with developmental disabilities. Such examination shall include any procedures as considered necessary by the auditor under the circumstances to perform the examination.(d) "Authorized Agency Representative" means a person authorized to act on behalf of the Department or regional center by law, by court order, or by a written statement signed by the Director of the Department or the executive director of a regional center.(e) "Department" means the State Department of Developmental Services.(f) "Draft Audit Report" means the written document summarizing the audit findings and recommendations that is prepared by the regional center and is forwarded to the service provider for response pursuant to Section 50606(d)(1).(g) "Emergency Services" means those services which must be provided or purchased by a regional center in order to protect a consumer from immediate danger to his/her physical or mental health or safety.(h) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means.(i) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record.(j) "Final Audit Report" means the written document prepared by the regional center pursuant to Section 50606(f). "Final audit report" is synonymous with "audit report" as defined in Section 50701(g).(k) "Parent Organization" means a separate and distinct corporation or entity which operates two or more programs and/or services.(l) "Preliminary Audit Report" means the written document prepared by the regional center and forwarded to the Department pursuant to Section 50606(e)(1) when the audit involves the review of documentation relied upon as the basis for establishing a rate of payment for a service provider. Preliminary audit reports include the following items:(1) The regional center's draft audit report;(2) The service provider's response to the draft audit report; and(3) The regional center's reply to the service provider's response.(m) "Record" means any book or document evidencing operational, financial, and service activities of a service provider or regional center pertaining to the service program and/or the provision of services to persons with developmental disabilities. Examples include books of account, general ledgers, subsidiary ledgers, check registers, canceled checks, contracts, correspondence, financial statements, internal reports, bank statements, standard cost statements, consumer files, purchase of service authorizations, and documents evidencing consumer services. All consumer records shall be treated as confidential.(n) "Service" means the process by which the regional center, or service provider, delivers a service directed towards the alleviation of a developmental disability or toward the social, personal, physical, or economic habilitation or rehabilitation of an individual with such a disability, and consistent with the requirements set forth in Title 17, California Code of Regulations Section 56551(d) and Welfare and Institutions Code, Sections 4646.5(a)(4) and 4648(a). Such services include, but are not limited to those specified in Section 4512 of the Welfare and Institutions Code.(o) "Service Provider" means a person, program, or any other entity, or any other person connected therewith, vendored to provide services to regional center consumers. Service providers do not include those applicants specified in Title 17, California Code of Regulations, Section 54310(d) and (e).(p) "Service Record" means a book or document evidencing the service activities provided by a service provider or regional center.(q) "Source Documentation" means the medium upon which evidence of a transaction is initially recorded. Examples of source documents include, but are not limited to, purchase requisitions, purchase orders, purchase of service authorizations, staffing schedules, employee hourly time reports, invoices and attendance documents for regional center consumers and all other persons provided services. Source documents are used to prepare records and reports.(r) "Unique Consumer Identifier" means a unique number assigned to identify each regional center consumer which is used instead of the consumer name to maintain confidentiality.(s) "Units of Service" means increments of service provided to regional center consumers which are used to charge and invoice the regional center for services provided. The increment of service is specified as hours, days or transportation mileage or any other increment of service agreed to by the Department, regional center and service provider. It is used by the Department to determine a rate of reimbursement.(t) "Vendored" means the successful completion of the process used to determine whether an applicant meets all legal and regulatory requirements to provide service to regional center consumers. This process must be completed in order for a person, program or facility to receive payment from a regional center for services rendered a regional center consumer.(u) "Vendoring Regional Center" means the regional center in the service catchment area in which the service provider is located, and to which a potential service provider must submit an application for vendorization. Service catchment area is defined in Section 50501(a)(18).Cal. Code Regs. Tit. 17, § 50602
1. New section filed 9-22-89; operative 10-22-89 (Register 89, No. 40).
2. Amendment of subsection (m) and NOTE filed 11-5-91 as an emergency; operative 11-5-91 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL by 3-4-92 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (m) and NOTE refiled 3-4-92 as an emergency; operative 3-4-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 7-2-92 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-4-92 order including amendment of NOTE and HISTORY 3 transmitted to OAL 6-25-92 and filed 8-6-92 (Register 92, No. 33).
5. Amendment of section filed as an emergency 6-17-93; operative 6-17-93. Submitted to OAL for printing only pursuant to SB485 (Chapter 722, Statutes of 1992) Section 147(a) (Register 93, No. 26).
6. Amendment of subsection (m) filed 4-22-94; operative 4-22-94. Submitted to OAL for printing only (Register 94, No. 16).
7. Amendment of subsection (m) filed 6-20-94 as an emergency; operative 6-20-94. Submitted to OAL for printing only pursuant to Chapter 722, Statutes of 1992, Section 147 (Register 94, No. 25).
8. Certificate of Compliance as to 6-17-93 order transmitted to OAL 6-20-94 and filed 8-2-94 (Register 94, No. 31).
9. Certificate of Compliance as to 6-20-94 order, including amendment of subsection (m), transmitted to OAL 2-20-96 and filed 3-29-96 (Register 96, No. 13).
10. Change without regulatory effect amending subsections (g), (k), (m), and (o)-(r) filed 1-17-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 3).
11. New subsections (h) and (i), subsection relettering and amendment of NOTE filed 1-17-2012; operative 2-16-2012 (Register 2012, No. 3). Note: Authority cited: Chapter 722, Statutes of 1992, Section 147; and Sections 4648(a), 4648.2 and 4791(i), Welfare and Institutions Code. Reference: Sections 4512(b), 4641.5, 4646.5, 4648, 4648.1 and 4791, Welfare and Institutions Code.
1. New section filed 9-22-89; operative 10-22-89 (Register 89, No. 40).
2. Amendment of subsection (m) and Note filed 11-5-91 as an emergency; operative 11-5-91 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL by 3-4-92 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (m) and NOTE refiled 3-4-92 as an emergency; operative 3-4-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 7-2-92 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-4-92 order including amendment of Note and History 3 transmitted to OAL 6-25-92 and filed 8-6-92 (Register 92, No. 33).
5. Amendment of section filed as an emergency 6-17-93; operative 6-17-93. Submitted to OAL for printing only pursuant to SB485 (Chapter 722, Statutes of 1992) Section 147(a) (Register 93, No. 26).
6. Amendment of subsection (m) filed 4-22-94; operative 4-22-94. Submitted to OAL for printing only (Register 94, No. 16).
7. Amendment of subsection (m) filed 6-20-94 as an emergency; operative 6-20-94. Submitted to OAL for printing only pursuant to Chapter 722, Statutes of 1992, Section 147 (Register 94, No. 25).
8. Certificate of Compliance as to 6-17-93 order transmitted to OAL 6-20-94 and filed 8-2-94 (Register 94, No. 31).
9. Certificate of Compliance as to 6-20-94 order, including amendment of subsection (m), transmitted to OAL 2-20-96 and filed 3-29-96 (Register 96, No. 13).
10. Change without regulatory effect amending subsections (g), (k), (m), and (o)-(r) filed 1-17-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 3).
11. New subsections (h) and (i), subsection relettering and amendment of Note filed 1-17-2012; operative 2-16-2012 (Register 2012, No. 3).