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Emergency and Proposed Regulations

Vouchered Respite
(Emergency/Proposed Regulations)

Description: 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:

  1. The person providing the respite service must be at least 18 years of age [54355(g)(4)(C)(1)(a)].
  2. 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)].
  3. Vendored family members must keep copies of their respite service records for five years [54355(b)(3)].
  4. Vendored family members are responsible for ensuring that each respite provider meets specified requirements [54355(g)(4)(C)(1)(b)].
  5. 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.


Emergency regulations submitted to the California Office of Administrative Law on 8/17/2004 
Effective date of emergency regulations 8/27/2004 
Notice of Proposed Rulemaking 8/31/2004
45-day public comment period ends at 5:00 p.m. on 10/25/2004
Effective Date of Regulations 06/17/2005

Emergency Rulemaking Document(s):

Rulemaking Document(s):

Last Updated: 3/2/2018