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California Welfare and Institutions Code Section 4688.21

Legal Research Home > California Laws > Welfare and Institutions Code > California Welfare and Institutions Code Section 4688.21

4688.21.  (a) The Legislature places a high priority on
opportunities for adults with developmental disabilities to choose
and customize day services to meet their individualized needs; have
opportunities to further the development or maintenance of employment
and volunteer activities; direct their services; pursue
postsecondary education; and increase their ability to lead
integrated and inclusive lives. To further these goals, a consumer
may choose a tailored day service or vouchered community-based
training service, in lieu of any other regional center vendored day
program, look-alike day program, supported employment program, or
work activity program.
   (b) (1) A tailored day service shall do both of the following:
   (A) Include an individualized service design, as determined
through the individual program plan (IPP) and approved by the
regional center, that maximizes the consumer's individualized choices
and needs. This service design may include, but may not be limited
to, the following:
   (i) Fewer days or hours than in the program's approved day
program, look-alike day program, supported employment program, or
work activity program design.
   (ii) Flexibility in the duration and intensity of services to meet
the consumer's individualized needs.
   (B) Encourage opportunities to further the development or
maintenance of employment, volunteer activities, or pursuit of
postsecondary education; maximize consumer direction of the service;
and increase the consumer's ability to lead an integrated and
inclusive life.
   (2) The type and amount of tailored day service shall be
determined through the IPP process, pursuant to Section 4646. The IPP
shall contain, but not be limited to, the following:
   (A) A detailed description of the consumer's individualized
choices and needs and how these choices and needs will be met.
   (B) The type and amount of services and staffing needed to meet
the consumer's individualized choices and needs, and unique health
and safety and other needs.
   (3) The staffing requirements set forth in Section 55756 of Title
17 of the California Code of Regulations and subdivision (r) of
Section 4851 of this code shall not apply to a tailored day service.
   (4) For currently vendored programs wishing to offer a tailored
day service option, the regional center shall vendor a tailored day
service option upon negotiating a rate and maximum units of service
design that includes, but is not limited to, the following:
   (A) A daily or hourly rate and maximum units of service design
that does not exceed the equivalent cost of four days per week of the
vendor's current rate, if the vendor has a daily day program rate.
   (B) A rate and maximum units of service design that does not
exceed the equivalent cost of four-fifths of the hours of the vendor'
s current rate, if the vendor has an hourly rate.
   (5) The regional center shall ensure that the vendor is capable of
complying with, and will comply with, the consumer's IPP, individual
choice, and health and safety needs.
   (6) For new programs wishing to offer a tailored day service
option, the regional center shall vendor a tailored day service
option upon negotiating a rate and maximum units of service design.
The rate paid to the new vendor shall not exceed four-fifths of the
temporary payment rate or the median rate, whichever is applicable.
   (7) Effective July 1, 2011, and prior to the time of development,
review, or modification of a consumer's IPP, regional centers shall
provide information about tailored day service to eligible adult
consumers. A consumer may request information about tailored day
services from the regional center at any time and may request an IPP
meeting to secure those services.
   (c) (1) A vouchered community-based training service is defined as
a consumer-directed service that assists the consumer in the
development of skills required for community integrated employment or
participation in volunteer activities, or both, and the assistance
necessary for the consumer to secure employment or volunteer
positions or pursue secondary education.
   (2) Implementation of vouchered community-based training service
is contingent upon the approval of the federal Centers for Medicare
and Medicaid Services.
   (3) Vouchered community-based training service shall be provided
in natural environments in the community, separate from the consumer'
s residence.
   (4) A consumer, parent, or conservator vendored as a vouchered
community-based training service shall utilize the services of a
financial management services (FMS) entity. The regional center shall
provide information about available financial management services
and shall assist the consumer in selecting a FMS vendor to act as
coemployer.
   (5) A parent or conservator shall not be the direct support worker
employed by the vouchered community-based training service vendor.
   (6) If the direct support worker is required to transport the
consumer, the vouchered community-based training service vendor shall
verify that the direct support worker can transport the consumer
safely and has a valid California driver's license and proof of
insurance.
   (7) The rate for vouchered community-based training service shall
not exceed thirteen dollars and forty-seven cents ($13.47) per hour.
The rate includes employer-related taxes and all transportation
needed to implement the service, except as described in paragraph
(8). The rate does not include the cost of the FMS.
   (8) A consumer vendored as a vouchered community-based training
service shall also be eligible for a regional center-funded bus pass,
if appropriate and needed.
   (9) Vouchered community-based training service shall be limited to
a maximum of 150 hours per quarter. The services to be provided and
the service hours shall be documented in the consumer's IPP.
   (10) A direct support worker of vouchered community-based training
service shall be an adult who possesses the skill, training, and
experience necessary to provide services in accordance with the IPP.
   (11) Effective July 1, 2011, and prior to the time of development,
review, or modification of a consumer's IPP, regional centers shall
provide information about vouchered community-based training service
to eligible adult consumers. A consumer may request information about
vouchered community-based training service from the regional center
at any time and may request an IPP meeting to secure those services.
   (12) The type and amount of vouchered community-based training
service shall be determined through the IPP process pursuant to
Section 4646. The IPP shall contain, but not be limited to, the
following:
   (A) A detailed description of the consumer's individualized
choices and needs and how these choices and needs will be met.
   (B) The type and amount of services and staffing needed to meet
the consumer's individualized choices and unique health and safety
and other needs.
   (d) The department may adopt emergency regulations for tailored
day service or vouchered community-based training service. The
adoption, amendment, repeal, or readoption of a regulation authorized
by this subdivision is deemed to be necessary for the immediate
preservation of the public peace, health and safety, or general
welfare, for purposes of Sections 11346.1 and 11349.6 of the
Government Code, and the department is hereby exempted from the
requirement that it describe specific facts showing the need for
immediate action. A certificate of compliance for these implementing
regulations shall be filed within 24 months following the adoption of
the first emergency regulations filed pursuant to this subdivision.


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Last modified: March 17, 2014