The Office of Administrative Law has approved regulations that will allow the state to obtain federal funding for respite services purchased through vouchers for eligible families. The regulations were filed on an emergency basis and went into effect on August 27, 2004. The most significant changes in the revised regulations that differ from current requirements are as follows:
- The person providing the respite service must be at least 18 years of age [54355(g)(4)(C)(1)(a)].
- All vendored family members must use the new “Respite Services Billing Form” (DS 1811 8/2004) when submitting their requests for reimbursement [54355(b)(4)].
- Vendored family members must keep copies of their respite service records for five years [54355(b)(3)].
- Vendored family members are responsible for ensuring that each respite provider meets specified requirements [54355(g)(4)(C)(1)(b)].
- Vendored family members must complete the Home and Community-based Services Provider Agreement (6/99) [54310(h).
Following the 45-day public comment period, which ended on October 25, 2004, the Department made further amendments to the regulations noticed during the public comment period. These amended regulations were approved by the Office of Administrative Law and became effective on June 17, 2005. The significant changes in the amended regulations that differ from the regulations noticed during the public comment period are as follows:
- Sections 50604(d)(3)(D), 54310(a)(2), and 54355(b)(4)(L) and Form DS 1811 (4/2005), Respite Services Billing Form, were amended to specify that in place of a social security number any document accepted by the federal government for establishing identity and employment eligibility would be accepted for individuals hired by a service provider using vouchers.
- Section 54310(h) was amended to specify that the requirement to sign and submit to the vendoring regional center the Home and Community-Based Service Provider Agreement (6/99) is only for those services eligible for Medi-Cal reimbursement.
Affected Regulatory Code Sections
Title 17, California Code of Regulations, Sections 50604, 50605, 54310, 54320, 54326, 54332, 54355, Appendix A.
History of Rulemaking Proceeding
Emergency Regulations submitted to the California Office of Administrative Law: August 17, 2004
Effective Date of Emergency Regulations: August 27, 2004
Notice of Proposed Rulemaking: August 31, 2004
Last Day of 45-Day Public Comment Period: October 25, 2004
Effective Date of Regulations: June 17, 2005
Emergency Rulemaking Documents:
Regular Rulemaking Documents:
- Final Text of Regulations (06/17/2004) PDF
- Final Statement of Reasons (06/17/2004) PDF
- Notice of Proposed Rulemaking PDF
- Initial Statement of Reasons PDF
- Text of Regulations PDF
Last modified: April 11, 2023