CA DISABILITY COMMUNITY ACTION
NETWORK
CAPITOL NEWS REPORT - ISSUE
#153-2004
AUGUST 29, 2004 - Sunday
Linking people to disability rights and
unified action
Website IS BACK UP! New
location: www.cdcan.us
Toll-free info Lines Up
Note: Virus Alert - Beware
of Attachments! There is NEVER any attachment to CDCAN Reports.
Addendum - Copy of Draft
Emergency Regulations for Family Share of Cost Program for Regional Center
Funded Services (Respite, Day Care & Camping)
Note: please see CDCAN Capitol News Report
#152-2004, also issued on Sunday, August 29, for details on meeting of
interested persons and organizations to hear comments and suggestions
regarding these draft emergency regulations to implement the regional
center family share of cost program, on September 8, Wednesday afternoon
from 1:30 PM to 3:30 PM at the Department of Developmental Services office
building, 1600 9th Street, Room 360 (conference room) in Sacramento.
DRAFT EMERGENCY REGULATIONS
This is a copy of the proposed draft
emergency regulations prepared by the Department of Developmental Services
(CDCAN retyped this version as no online version was available during the
weekend. A copy of the draft regulations will be available on the
Department of Developmental Services website soon and also the CDCAN
website at its new location, www.cdcan.us). These are DRAFT regulations
and have not yet been submitted to the California Office of Administrative
Law (OAL). Emergency regulations - after they are submitted to the Office
of Administrative Law and approved there, go into effect immediately, for
a period of 120 days. A public hearing held by the department submitting
the emergency regulations is held sometime during that period. The Office
of Administrative Law approves emergency regulations not on public policy
merits, but on the basis if the emergency regulation meets certain
requirements under California law.
TITLE 17, CALIFORNIA CODE OF
REGULATIONS
DIVISION 2. DEPARTMENT OF
DEVELOPMENTAL SERVICES
Subchapter 2.5, Family Cost
Participation
Article 1. General
Section 50243. Authority
These regulations implement and make
specific the provisions of Section 4783 of the Welfare and Institutions
Code related to the Family Cost Participation Program.
Note: Authority cited: Section
4783, Welfare and Institutions Code.
Article 2. Definitions
Section 50245. Developmental
Disability.
For the purposes of these
regulations, the term "developmental disability" shall have the same
meaning as provided in Section 4512 of the Welfare and Institutions Code.
Note: Authority cited: Section 4783,
Welfare and Institutions Code.
Reference: Section 4512, Welfare and
Institutions Code
Section 50247. Medi-Cal Eligible
Consumers
Medi-Cal eligible includes consumers
who are institutionally deemed. The term "institutionally deemed" means
that the income and resources of a parent are not deemed to the consumer,
therefore making the consumer eligible for Medi-Cal if all other Medi-Cal
eligibility criteria are met. This allows consumers under the Home and
Community Based Waiver Program to be Medi-Cal eligible in their own right.
Note: Authority cited: Section
4783, Welfare and Institutions Code.
Reference: Section 1915 (c)(3), Social
Security Act, and Section 4442.2, California State Medicaid Manual.
Section 50249. Family Cost
Participation Schedule
The Family Cost Participation
Schedule means the official table developed by the Department of
Developmental Services and used by the regional centers to determine the
amount of family cost participation. This table is reflective of the
Federal Poverty Guidelines as adjusted for family size and scaled by
income levels. The Department of Developmental Services shall adjust this
schedule consistent with changes in the Federal Poverty Guidelines but not
more often than once each calendar year.
Note: Authority cited: Section
4783, Welfare and Institutions Code.
Section 50251. Annual Gross Family
Income
Annual gross family income is the
income of the parents as reported on their latest California State or
Federal Income Tax return and includes any money or benefit acquired,
earned, or received as payment for labor or services, supports, or return
on investments. Income from the operation of a business or from
self-employment is the net income after deducting business expenses.
Depreciation, amortization, and depletion shall not be allowed as business
expense deductions.
Note: Authority cited: Section
4783, Welfare and Institutions Code.
Section 50253. Eligible Dependent.
Any person living in the family home
who depends on the annual gross family income for more than one-half of
his/her support shall be considered an eligible dependent.
Note: Authority cited: Section
4783, Welfare and Institutions Code.
Article 3. Administrative
Provisions
Section 50255. Parent Responsible
for Cost Participation.
The natural or adoptive mother and
father of a child who meets the definition under Section 4783 (a)(1) of
the Welfare and Institutions Code shall be jointly and severally
responsible for the assessed amount of family cost participation.
However, in the case of a divorce, legal separation, or established
paternity, the family cost participation assessment shall be computed on
the gross family annual income of the parent having custody rights to the
child at or above 51 percent. If both parents equally share custodial
rights, then the parent having the greater annual gross family income
shall be responsible for the assessed amount of family cost participation.
Note: Authority Cited: Section
4783, Welfare and Institutions Code.
Section 50257. Program Information.
(a) Regional centers shall provide
the parents of children, ages three through 17 years, with a pamphlet
developed by the Department of Developmental Services describing the
Family Cost Participation Program during initial intake and assessment and
all subsequent IPP review meetings, as appropriate.
(b) Regional centers shall use all
forms and documents developed by the Department of Developmental Services
to administer the Family Cost Participation Program.
Note: Authority cited: Section
4783, Welfare and Institutions Code.
Article 4. Assessment of the
Family Cost Participation
Section 50259. Assessment of the
Family Cost Participation.
(a) The amount of the family cost
participation shall not impact any other services other than those
identified in Section 4783 (c) of the Welfare and Institutions Code.
(b) Reductions in the assessed
amount pursuant to Section 4783 (d)(1)(2)(3) and (4) of the Welfare and
Institutions Code, because of multiple minor children receiving services
shall only be applied to the Family Cost Participation Program assessment
and shall not reduce the fees for consumers in 24-hour out-of-home
placements as determined pursuant to Sections 4677, 4782, and 4784 of the
Welfare and Institutions Code.
Note: Authority cited: Section
4783, Welfare and Institutions Code.
Reference: Sections 4677, 4782, and
4784, Welfare and Institutions Code.
Section 50261. Maximum Family Cost
Participation Assessment.
(a) Parents shall provide the
regional center with proof of their gross annual income pursuant to
Section 4783 (g)(2) and (i) of the Welfare and Institutions Code, within
ten (10) working days from the date of the parents' signatures on the
Individual Program Plan. Failure to provide the information will result
in the regional center setting the cost participation at the maximum
amount, pursuant to Section 4783 (g)(4) of the Welfare and Institutions
Code.
(b) The Individual Program Plan
signature page shall include a statement indicating that the regional
center shall fund respite, day care, and camping services consistent with
the Family Cost Participation, if applicable.
Note: Authority cited: Section
4783, Welfare and Institutions Code.
Section 50263. Waiver Exemption.
Parents, whose child is
Institutionally Deemed Medi-Cal eligible as defined in Section 50247,
shall be exempt from the Family Cost Participation Program for that child.
Note: Authority cited: Section
4783, Welfare and Institutions Code.
Reference: Section 4442.2, California
State Medicaid Manual, Section 1915 (c)(3), Federal Social Security Act.
Section 50265. Adjustment By
Regional Center Executive Director
(a) Adjustment to the assessed
amount of the family cost participation may be made by the regional center
executive director for a substantiated unavoidable and uninsured
catastrophic loss that would temporarily limit the parents' ability to pay
and create a financial hardship if the amount of the family cost
participation were not reduced. Unavoidable and uninsured catastrophic
losses may include, but are not limited to, natural disasters, an accident
or major injuries to an immediate family member, or substantial medical
expenses.
(b) Hardship means that the result
of not granting the adjustment would deprive the family of what is needed
for basic family necessities, including but not limited to, food, shelter,
clothing, or medical care, and not a change in the family's standard of
living.
(c) Reductions based on hardship
will be calculated by deducting the documented non-reimbursed dollar cost
of the hardship request from the gross annual family income, and then
re-assessing the amount of family cost participation by applying the
Family Cost Participation Schedule against the reduced amount.
(d) Family cost participation
assessments that have been adjusted as a result of the regional center
executive director granting an adjustment shall be re-determined at least
annually.
Note: Authority cited: Section
4783, Welfare and Institutions Code.
Section 50267. Assessment and
Reassessment of Cost Participation.
(a) The original amount of the
family cost participation will be assessed upon completion of the initial
Individual Program Plan and reassessed every third year thereafter to
coincide with the review of the consumer's Individual Program Plan,
pursuant to Section 4646 (b) of the Welfare and Institutions Code.
(b) Family cost participation
assessments may be reduced or increased if there is an indefinite
reduction or increase in the family gross annual income upon which the
amount of the family cost participation was determined, or a reduction or
increase in the amount of services provided to the consumer pursuant to a
change in the Individual Program Plan.
Note: Authority cited: Section
4783, Welfare and Institutions Code.
Reference: Section 4646 (b), Welfare
and Institutions Code.
FOR MORE INFORMATION ABOUT CA
DISABILITY COMMUNITY ACTION NETWORK
URGENT - CONTRIBUTIONS
NEEDED TO CONTINUE EFFORT
Please help continue the effort!
Many many, thanks again, to the friends, people with disabilities and
their families, community organizations and others who have sent in
generous and needed contributions and donations. Contributions from
people and organizations is very urgently needed to keep the advocacy
efforts going for the next several months, as we work to establish
non-profit status, which we can focus after the budget is signed.
Apologies to anyone who have not yet received a thank you - email,
letters, calls have been overwhelming!
Please make check or money
order to: California Disability Community Action Network (or abbreviate
CDCAN). A method to contribute by credit card (through Paypal) is NOW
set up on our website, at www.cdcan.org.
CDCAN is not yet a non-profit organization but will be soon. Send
contributions to: California Disability Community Action Network, 1225
8th Street Suite #480, Sacramento, CA 95814. A method to contribute by
credit card (through Paypal) is NOW set up on our website, at
www.cdcan.us [NOTE the NEW
website address!)
* Who Is CDCAN?
The California Disability
Community Action Network is a non-partisan link to thousands of
Californians with developmental and other disabilities, their families,
community organizations and providers, direct care and other workers, and
other advocates. These action alerts and news reports is for all of them.
In addition it also goes to news organizations, state and local government
officials and staff.
* How To Receive CDCAN
Capitol News Reports and Alerts
If you would like to get on this
distribution (and conversely, get off of it) please send an email with
that request to: martyomoto@rcip.com OR sign up via the NEW CDCAN
website at www.cdcan.us - the site at the NEW location is UP! Sharing
information is part of our organizing effort. Please feel free to forward
or copy this (attribution is nice). We're all in this together!
* How To Contact CDCAN
Marty Omoto, director/organizer
- California Disability Community Action Network WEBSITE:
www.cdcan.us [new address]
1225 8th Street Suite 480
Sacramento, CA 95814 VOICE PHONE: 916/446-0013
FAX number: 916/446-0026
email: martyomoto@rcip.com
INFO HOTLINE TOLL FREE NUMBER:
1-877-260-0267 (cannot leave messages) SAME INFO HOTLINE FOR SACRAMENTO
AREA: 486-4652
