Section 56901 - Definitions(a) As used in this Subchapter, the following words and phrases have the meanings specified in Section 56002. (5) Direct Care (DC) Staff;(7) Individual Program Plan (IPP);(8) Personal and Incidental Allowance;(9) Residential Service Provider; and(b) When used in this subchapter, the following words and phrases have the following meanings: (1) "Administrative Duties" means those tasks performed by facility staff which pertain to the management of the facility and are not considered direct care.(2) "California Consumer Price Index (California CPI)" means the historical index of the cost of living in California published by the Department of Industrial Relations, Division of Labor Statistics and Research, under the authority of California Labor Code Section 150, and the projected California CPI published by the Department of Finance.(3) "Conserve" means an action taken by a regional center which has been appointed as a consumer's representative payee, to save or invest consumer funds pursuant to Title 20, Code of Federal Regulations, Section 416.645(a).(4) "Cost Components" means the sublisting under cost items listed in Section 56908(b).(5) "Cost Elements" means Basic Living Needs, Indirect Costs, Direct Supervision and Special Services and Proprietary Fee.(6) "Cost Items" means the major headings (Items 1 through 14) listed under Section 56908(b).(7) "Cost Study Facility" means a facility which participates in the triennial survey to determine facility costs.(8) "Customary Fee" means a fee that is within the range of usual fees charged and received by providers of similar training for the same service within the geographic location.(9) "Direct Program Costs" means facility costs related to the provision of residential services.(10) "Enrolled" means the days in which a resident is in placement in a facility during the cost study reporting period.(11) "Established Rate" means the proposed rate after any adjustment pursuant to Section 56902(b) and (c).(12) "Facility Cost Study" means the triennial collection and analysis of facility cost data.(13) "Facility Size" means the licensed capacity of a facility.(14) "Fixed Asset" means an item of tangible property which is used for a period of more than one year and must be depreciated, rather than expensed, pursuant to generally accepted accounting principles.(15) "Geographic Location" means a county or group of counties which share a common cost of living.(16) "Housekeeping Duties" means tasks which pertain to cooking, housecleaning, and laundry services.(17) "Live-in Staff" means wage-earning facility employees who reside in the facility, such as house parents who meet the definition of an "employee residing on the employer's premises" pursuant to Section 785.23 of "Interpretive Bulletin, Part 785: Hours Worked Under the Fair Labor Standards Act of 1938, As Amended," published by the U.S. Department of Labor.(18) "Maintenance and Repair Duties" means tasks which pertain to the upkeep of facility premises.(19) "Management Organization" means a separate and distinct corporation or entity which operates two or more programs or services.(20) "Mandated Minimum Wage" means the higher wage required by federal or state law.(21) "Median" means the fiftieth percentile of a statistical distribution.(22) "Occupant" means any individual living in the facility, including consumers and non-consumers, the owner/operator and his/her family members, and live-in staff.(23) "Occupant Day" means a day that one occupant resides in a facility.(24) "Operation Type" means owner operated or staff operated.(25) "Operative Rate" means the rate being paid on June 30 of the current fiscal year.(26) "Out-of-home Respite Services" means regional center approved intermittent or regularly scheduled temporary non-medical care and supervision, provided by a residential service provider.(27) "Owner operated" means that the facility is the residence of the licensee or a member of the corporate board of directors.(28) "Prevailing Rate" means the rate of payment which is being paid to a residential service provider by other governmental agencies to provide services to residents.(29) "Proprietary Fee" means the amount which reflects a reasonable rate of return on the net value of a facility's fixed assets.(30) "Proposed Rate" means the residential rate proposed by the Department pursuant to Section 56902.(31) "Regional Center Supplement" means that portion of the established rate which the regional center uses to pay the portion of the residential rate that exceeds the amount of the consumer's SSI/SSP payment.(32) "Reporting Period" means the period of time specified by the Department for the purpose of a facility cost study.(33) "Resident" means a person placed in a licensed facility to receive care and supervision pursuant to Title 22, California Code of Regulations (CCR), Division 6. Resident includes both regional center and non-regional center consumers.(34) "Resident Day" means any portion of a day in which a resident is placed in the facility.(35) "Residential Respite Services" means intermittent or regularly scheduled temporary non-medical care and supervision provided to the consumer in an out-of-home setting.(36) "Service Code" means a number which is assigned by the vendoring regional center to a residential service provider which indicates the type of authorized service to be provided.(37) "Staffing Standards (SS)" means the average number of staff hours per consumer per month allowed for each service level and step which includes hours for direct care, and relief coverage for vacations, holidays, night coverage, and training.(38) "Staff Operated" means that the facility is not the residence of the licensee or a member of the corporate board of directors, and the licensee employs personnel to provide direct care to consumers.(39) "Subcode" means a series of a maximum of five numbers and/or letters which is assigned by the vendoring regional center to a residential service provider for billing purposes.(40) "Target Fiscal Year" means the fiscal year in which the Department recommends that a proposed rate be implemented.(41) "Usual Fee" means the fee which is regularly charged and received for a given service by an individual provider. If more than one fee is charged for a given service, the fee determined to be the usual fee shall not exceed the lowest fee which is regularly charged.(42) "Vehicle Miles" means the miles a facility vehicle is used for administrative functions, to transport residents for direct services, or for other facility operations.(43) "Vendoring Identification Number" means the unique number which is assigned to each residential service provider in order to establish a record-keeping and tracking system for regional centers' billing purposes.Cal. Code Regs. Tit. 17, § 56901
1. New section filed 1-14-91; operative 2-13-91 (Register 91, No. 14).
2. New subsections (a)(8), (b)(3) and (b)(31) and subsection renumbering filed 8-4-92; operative 8-4-92 (Register 92, No. 32).
3. Amendment of section filed 9-20-93 as an emergency; operative 9-20-93. Submitted to OAL for printing only pursuant to Chapter 722, Statutes of 1992, Section 147 (Register 93, No. 39). These regulations shall not be repealed by the Office of Administrative Law and shall remain in effect until revised or repealed, as appropriate.
4. Amendment of section filed 11-23-94; operative 11-23-94 (Register 94, No. 47).
5. Editorial correction of HISTORY 3 (Register 94, No. 47).
6. Editorial correction of subsections (b)(4), (6), (11) and (30) (Register 94, No. 50).
7. Editorial correction of subsections (a) and (b)(11) and (26) and capitalizing "S" of "Section" and "D" of "Division" throughout (Register 95, No. 18). Note: Authority cited: Sections 4681.1 and 4791(i), Welfare and Institutions Code; Chapter 722, Statutes of 1992, Section 147. Reference: Sections 4681.1 and 4791(i), Welfare and Institutions Code.
1. New section filed 1-14-91; operative 2-13-91 (Register 91, No. 14).
2. New subsections (a)(8), (b)(3) and (b)(31) and subsection renumbering filed 8-4-92; operative 8-4-92 (Register 92, No. 32).
3. Amendment of section filed 9-20-93 as an emergency; operative 9-20-93. Submitted to OAL for printing only pursuant to Chapter 722, Statutes of 1992, Section 147 (Register 93, No. 39). These regulations shall not be repealed by the Office of Administrative Law and shall remain in effect until revised or repealed, as appropriate.
4. Amendment of section filed 11-23-94; operative 11-23-94 (Register 94, No. 47).
5. Editorial correction of History 3 (Register 94, No. 47).
6. Editorial correction of subsections (b)(4), (6), (11) and (30) (Register 94, No. 50).
7. Editorial correction of subsections (a) and (b)(11) and (26) and capitalizing "S" of "Section" and "D" of "Division" throughout (Register 95, No. 18).