CHAPTER 5. Regional Centers for Persons With Developmental Disabilities [4620. - 4669.75.]
Chapter 5 added by Stats. 1977, Ch. 1252.
§§ 4620–4669.75 · 116 sections
ARTICLE 1. Regional Center Contracts §§ 4620–4639.76 · 37 sections
- § 4620 (a) In order for the state to carry out many of its responsibilities as established in this division, the state shall contract with appropriate agencies to…
- § 4620.1 The Legislature recognizes the ongoing contributions many parents and family members make to the support and well-being of their children and relatives with…
- § 4620.2 (a) The State Department of Developmental Services, after consultation with stakeholder groups, shall develop a system of enrollment fees, copayments, or both,…
- § 4620.3 (a) To provide more uniformity and consistency in the administrative practices and services of regional centers throughout the state, promote appropriateness… see note
- § 4620.4 (a) (1) The Legislature finds and declares that more than a quarter of Californians are foreign born, and more than 10 percent of the state’s population speaks…
- § 4620.5 (a) Beginning as early as possible after July 1, 2021, but no later than September 1, 2021, the department shall convene a workgroup, which shall be composed…
- § 4621 The department, within the limitations of funds appropriated, shall contract with appropriate private nonprofit corporations for the establishment of regional…
- § 4621.5 Notwithstanding subdivision (c) of Section 1 of Chapter 501 of the Statutes of 1971, the department shall, within the limitations of funds appropriated,…
- § 4621.6 (a) It is the intent of the Legislature to allow for uninterrupted supports for individuals with intellectual and developmental disabilities and provide for…
- § 4622 The state shall contract only with agencies to serve as regional centers as described in Section 4620, the governing boards of which conform to all of the…
- § 4622.5 By August 15 of each year, the governing board of each regional center shall submit to the department detailed documentation, as determined by the department,…
- § 4623 In the event that the governing board of the regional center is not composed of individuals as specified in subdivisions (a) to (f), inclusive, of Section…
- § 4624 When the governing board of the regional center is not composed of individuals as specified in subdivisions (a) to (f), inclusive, of Section 4622, the program…
- § 4625 The department shall not contract with any new regional center contracting agency unless the governing board of the agency is composed of individuals as…
- § 4625.5 (a) The governing board of each regional center shall adopt and maintain a written policy requiring the board to review and approve any regional center…
- § 4625.6 (a) To ensure compliance with applicable laws and regulations, and to assist with governance and organizational structure, the governing board of the regional…
- § 4625.7 The governing board of a regional center shall meet with representatives of the department upon a request by the Director of Developmental Services, and, if…
- § 4626 (a) The department shall give a very high priority to ensuring that regional center board members and employees act in the course of their duties solely in the…
- § 4626.5 Each regional center shall submit a conflict-of-interest policy to the department by July 1, 2011, and shall post the policy on its internet website by August…
- § 4627 (a) The director of the department shall adopt and enforce conflict-of-interest regulations to ensure that members of the governing board, program policy…
- § 4628 If, for good reason, a contracting agency is unable to meet all the criteria for a governing board established in this chapter, the director may waive those…
- § 4629 (a) The state shall enter into five-year contracts with regional centers, subject to the annual appropriation of funds by the Legislature. (b) The contracts…
- § 4629.5 (a) In addition to the requirements set forth in Section 4629, the department’s contract with a regional center shall require the regional center to adopt,…
- § 4629.7 (a) Notwithstanding any other provision of law, all regional center contracts or agreements with service providers in which rates are determined through…
- § 4630 The contract between the state and the contracting agency shall not: (a) Require information that violates client confidentiality. (b) Prevent a regional…
- § 4631 (a) In order to provide to the greatest extent practicable a larger degree of uniformity and consistency in the services, funding, and administrative practices…
- § 4632 If the department and a regional center are unable to resolve any contract dispute, including disputes between the regional center and the department over…
- § 4633 If the department or any regional center intends to adopt any material change in policy which will have a direct effect upon the contract between the state and…
- § 4634 Contracts between the department and regional center shall be presented for final negotiation to regional center governing boards at least 90 days’ prior to…
- § 4635 (a) If any regional center finds that it is unable to comply with the requirements of this division or its contract with the state, the regional center shall…
- § 4636 (a) If necessary, to avoid disruption of the service program, the department may directly, or through contract, operate a regional center during the interim…
- § 4638 Non-profit corporations operating regional centers shall not use state funds allocated to the corporation for operating the center for activities directly…
- § 4639 (a) The governing board of a regional center shall annually contract with an independent accounting firm for an audited financial statement. The audit report…
- § 4639.5 (a) By December 1 of each year, each regional center shall provide a listing to the State Department of Developmental Services a complete current salary…
- § 4639.6 The Director of Developmental Services may issue directives to the regional centers as the director deems necessary to protect consumer rights, health, safety,…
- § 4639.75 (a) On an ongoing basis, and as necessary, the State Department of Developmental Services shall provide to regional centers, and make available on the…
- § 4639.76 (a) A regional center with which the department maintains a contract pursuant to Section 4629 shall be subject to the California Public Records Act (Chapter 1…
ARTICLE 1.1. Regional Center Worker Retention §§ 4639.80–4639.83 · 4 sections
- § 4639.80 (a) Notwithstanding Section 4630 or any other law, a contract between the State Department of Developmental Services and a private nonprofit association for…
- § 4639.81 A contract entered into or renewed pursuant to this article shall be subject to all of the following conditions: (a) Except as otherwise provided in this…
- § 4639.82 (a) A covered employee who is not offered employment, who has been discharged in violation of this article, or who has been paid less than the covered…
- § 4639.83 The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other…
ARTICLE 2. Regional Center Responsibilities §§ 4640–4659.2 · 45 sections
- § 4640 (a) Contracts between the department and regional centers shall specify the service area and the categories of persons that regional centers shall be expected…
- § 4640.6 (a) In approving regional center contracts, the department shall ensure that regional center staffing patterns demonstrate that direct service coordination are…
- § 4640.7 (a) It is the intent of the Legislature that regional centers assist persons with developmental disabilities and their families in securing those services and…
- § 4640.8 When convening any task force or advisory group, a regional center shall make its best effort to ensure representation by consumers and family members…
- § 4640.9 Beginning July 1, 2020, each regional center shall provide to the department a copy of any corrective action plans and sanctions issued to a service provider,…
- § 4641 All regional centers shall conduct casefinding activities, including notification of availability of service in English and such other languages as may be…
- § 4641.1 (a) The Legislature finds and declares all of the following: (1) The provision of services that are culturally and linguistically responsive to consumers is…
- § 4641.5 (a) Effective July 1, 2011, regional centers shall begin transitioning all vendors of all regional center services to electronic billing for services purchased…
- § 4642 (a) (1) Any person believed to have a developmental disability, and any person believed to have a high risk of parenting a developmentally disabled infant…
- § 4643 (a) If assessment is needed, the assessment shall be performed within 120 days following initial intake. Assessment shall be performed as soon as possible and…
- § 4643.3 (a) (1) On or before April 1, 2002, the department shall develop evaluation and diagnostic procedures for the diagnosis of autism disorder and other autistic…
- § 4643.5 (a) If a consumer is, or has been determined to be, eligible or provisionally eligible for services by a regional center, the consumer shall also be considered…
- § 4644 (a) In addition to any person eligible for initial intake or assessment services, regional centers may cause to be provided preventive services to any…
- § 4646 (a) It is the intent of the Legislature that the individual program plan and provision of services and supports by the regional center system is centered on…
- § 4646.4 (a) Regional centers shall ensure, at the time of development, scheduled review, or modification of a consumer’s individual program plan developed pursuant to…
- § 4646.5 (a) The planning process for the individual program plan described in Section 4646 shall include all of the following: (1) Gathering information and conducting…
- § 4646.55 (a) Notwithstanding any other provision of law or regulation to the contrary, and to the extent federal financial participation is available, effective July 1,…
- § 4646.6 Notwithstanding Section 632 of the Penal Code, a consumer, or his or her parent, guardian, conservator, or authorized representative, shall have the right to…
- § 4647 (a) Pursuant to Section 4640.7, service coordination shall include those activities necessary to implement an individual program plan, including, but not…
- § 4648 In order to achieve the stated objectives of a consumer’s individual program plan, the regional center shall conduct activities, including, but not limited to,…
- § 4648.1 (a) The State Department of Developmental Services and regional centers may monitor services and supports purchased for regional center consumers with or…
- § 4648.11 (a) (1) Except as provided in subdivision (b), a request for proposals that is prepared by a regional center for consumer services and supports shall include a…
- § 4648.12 (a) The Legislature finds and declares that under federal and state law, certain individuals and entities are ineligible to provide Medicaid services. (b) An…
- § 4648.13 (a) For the purposes of this section, the following definitions apply: (1) “Probability sample or sampling” means a standard statistical methodology by which a…
- § 4648.14 Notwithstanding any other provision of law, the State Department of Social Services and the State Department of Public Health shall notify the State Department…
- § 4648.2 By September 1, 1986, the State Department of Developmental Services shall promulgate regulations which establish a process for service providers to appeal…
- § 4648.3 A provider of transportation services to regional center clients for the regional center shall maintain protection against liability for damages for bodily…
- § 4648.35 At the time of development, review, or modification of a consumer’s individual program plan (IPP) or individualized family service plan (IFSP), all of the…
- § 4648.4 (a) Notwithstanding any other provision of law or regulation, commencing July 1, 2006, rates for services listed in paragraphs (1), (2), with the exception of…
- § 4648.55 (a) Except as provided in subdivision (d), a regional center shall not purchase day program, vocational education, work services, independent living program,…
- § 4648.6 The department, in consultation with stakeholders, shall develop an alternative service delivery model that provides an Individual Choice Budget for obtaining…
- § 4649 Regional centers shall cooperate with the state council in joint efforts to inform the public of services available to persons with developmental disabilities…
- § 4650 Regional centers shall be responsible for developing an annual plan and program budget to be submitted to the director no later than September 1 of each fiscal…
- § 4651 (a) It is the intent of the Legislature that regional centers shall find innovative and economical methods of achieving the objectives contained in individual…
- § 4652 A regional center shall investigate every appropriate and economically feasible alternative for care of a developmentally disabled person available within the…
- § 4652.5 (a) (1) An entity that receives payments from one or more regional centers shall contract with an independent accounting firm to obtain an independent audit or…
- § 4653 Except for those developmentally disabled persons judicially committed to state hospitals, no developmentally disabled person shall be admitted to a state…
- § 4654 Before any person is examined by a regional center pursuant to Section 1370.1 of the Penal Code, the court ordering such medical examination shall transmit to…
- § 4655 The director of a regional center or his designee may give consent to medical, dental, and surgical treatment of a regional center client and provide for such…
- § 4656 (a) A qualified physician and surgeon who diagnoses a developmental disability, as defined in subdivision (a) of Section 4512, of a patient who is a minor…
- § 4657 The State Department of Developmental Services shall, through the regional center contract, require that the following information is collected by each…
- § 4658 The State Department of Developmental Services shall insure that all potentially eligible clients are referred to the Social Security Administration for…
- § 4659 (a) Except as otherwise provided in subdivision (b) or (e), the regional center shall identify and pursue all possible sources of funding for consumers…
- § 4659.1 (a) If a service or support provided pursuant to a consumer’s individual program plan under this division is paid for, in whole or in part, by the health care…
- § 4659.2 (a) For the purposes of this section, the following definitions apply: (1) “Physical restraint” means any behavioral or mechanical restraint, as defined in…
ARTICLE 2.5. Interagency Dispute Resolution §§ 4659.5–4659.8 · 3 sections
- § 4659.5 (a) This article shall apply to any dispute over the provision of services where the regional center believes that a generic agency, as defined in subdivision…
- § 4659.7 (a) Whenever a regional center believes that a generic agency is responsible for providing or paying for a service required pursuant to Sections 4646.5 to…
- § 4659.8 The resolution under this article of whether a regional center or generic agency is the responsible party for providing the service in a particular matter…
ARTICLE 2.6. Third-Party Liability §§ 4659.10–4659.24 · 15 sections
- § 4659.10 It is the intent of the Legislature that this article shall be implemented consistent with the responsibilities of the department and the regional centers to…
- § 4659.11 (a) When services are provided or will be provided to a consumer under this division, or to a child under 36 months of age who is eligible for the California…
- § 4659.12 (a) Where an action is brought by the department or a regional center pursuant to Section 4659.11, it shall be commenced within the period prescribed in…
- § 4659.13 (a) If a consumer or child under 36 months of age who is eligible for the California Early Intervention Program pursuant to Title 14 (commencing with Section…
- § 4659.14 In the event of judgment or award in a suit or claim against a third party or carrier: (a) If the action or claim is prosecuted by the child or consumer alone,…
- § 4659.15 Upon further application at any time before the judgment or award is satisfied, the court shall allow as a further lien the reasonable value of additional…
- § 4659.16 (a) No settlement, judgment, or award in any action or claim by a consumer or child to recover damages for injuries, where the department or regional center…
- § 4659.17 When the department or regional center has perfected a lien upon a judgment or award in favor of a child eligible for the California Early Intervention Program…
- § 4659.18 Notwithstanding any other provision of law, in no event shall the department or the regional center recover an amount greater than the child eligible for the…
- § 4659.19 The amount recovered by the department or regional center shall not exceed the amount derived from applying Section 4659.12, 4659.16, or 4659.18, whichever is…
- § 4659.20 In the event that the child or consumer, his or her guardian, conservator, limited conservator, personal representative, estate, or survivors, or any of them…
- § 4659.21 Notwithstanding any other provision of law, all carriers described in Section 14124.70, including automobile, casualty, property, and malpractice insurers,…
- § 4659.22 (a) Every health insurer, self-insured plan, group health plan, as defined in Section 607(1) of the federal Employee Retirement Income Security Act of 1974 (29…
- § 4659.23 In order to assess overlapping or duplicate health coverage, every health insurer, self-insured plan, group health plan, as defined in Section 607(1) of the…
- § 4659.24 (a) When the rights of a consumer or a child receiving services under the California Early Intervention Program to recovery from an insurer have been assigned…
ARTICLE 3. Regional Center Board Meetings §§ 4660–4669 · 10 sections
- § 4660 All meetings of the board of directors of each regional center shall be scheduled, open, and public, and all persons shall be permitted to attend any meeting,…
- § 4661 (a) Regional centers shall mail notice of their meetings to any person who requests notice in writing. Notice shall be mailed at least seven days in advance of…
- § 4662 In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of regional center…
- § 4663 (a) The governing board of a regional center may hold a closed meeting to discuss or consider one or more of the following: (1) Real estate negotiations. (2)…
- § 4664 The governing board of a regional center may hold a closed session regarding pending litigation when discussion in open session concerning those matters would…
- § 4665 Agendas and other writings or materials distributed prior to or during a regional center board meeting for discussion or action at the meeting shall be…
- § 4666 No regional center shall conduct any meeting, conference, or other function in any facility that prohibits the admittance of any person, or persons, on the…
- § 4667 All regional center board meetings shall be held in facilities accessible to persons with physical disabilities.
- § 4668 (a) Any action taken by a regional center governing board in violation of this article is null and void. Any interested person may commence an action by…
- § 4669 The provisions of this article shall not apply to the corporate affairs of the governing board of a regional center which have no relationship to the role and…
ARTICLE 4. Regional Center Alternatives for Service Delivery §§ 4669.2–4669.75 · 2 sections
- § 4669.2 (a) Notwithstanding any other law, and provided that there shall be no reduction in direct service to persons eligible for services under this article, a…
- § 4669.75 (a) Any proposal approved by the department pursuant to this article may be implemented immediately upon approval. Prior to submitting a proposal to the…