4681.5.
(a) Notwithstanding any other law or regulation, a regional center shall not approve a service level for a residential service provider, as defined in Section 56002 of Title 17 of the California Code of Regulations, if the approval would result in an increase in state costs or the rate to be paid to the provider that is greater than the rate that is in effect on June 30, 2008, or, for residential service providers subject to subdivision (b), unless the regional center demonstrates to the department that the approval is necessary to protect the consumer’s health or safety and the department has granted prior written authorization. Each direct care staff person employed in a community care facility funded pursuant to Section 4681.1 shall be required to satisfactorily complete two 35-hour training courses approved, after consultation with the Community Care Facility Direct Care Training Work Group, by the department. (b) Notwithstanding subdivision (a) or any other law or regulation, the department shall, effective July 1, 2016, establish a rate schedule for residential community care facilities vendored to provide services to a maximum of four persons with developmental disabilities. Each direct care staff person employed in a community care facility funded pursuant to Section 4681.1 prior to January 1, 2000, shall satisfactorily complete the first required training course or pass a department-approved challenge test applicable to that training segment by January 1, 2001, and shall satisfactorily complete the second training course or pass a department-approved challenge test applicable to that training segment by January 1, 2002.
(c) Community care facilities with rates established pursuant to subdivision (b) are subject to the regulatory requirements contained in Subchapter 4 (commencing with Section 56001) of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations. Each direct care staff person whose employment in a community care facility funded pursuant to Section 4681.1 commences on or after January 1, 2000, shall satisfactorily complete the first required training course or pass a department-approved challenge test applicable to that training segment within one year from the date the staff person was hired, and shall satisfactorily complete the second training course or pass a department-approved challenge test applicable to that training segment within two years from the date the person was hired.
(d) Rate changes made as a result of implementing the rate schedule established pursuant to subdivision (b) for community care facilities vendored to provide services to a maximum of four persons with developmental disabilities are not subject to the restrictions of subdivision (a) if the approved service level is not higher than the service level in effect at the time of the change.
(e) (d) No later than February 1, 2017, regional centers shall report to the department on the number of residential community care facilities with rates established pursuant to subdivision (b). The report shall include, but not be limited to, both The department shall adopt emergency regulations in order to implement this section. These regulations may include, but are not limited to, all of the following:
(1) The number of facilities vendored since July 1, 2016, by service level and vendored capacity. Requirements for satisfactory completion of the 70 hours of direct care staff training.
(2) The number of facilities vendored prior to July 1, 2016, that have subsequently been approved for a new rate, by service level, vendored capacity, and prior vendored capacity, if applicable. Provisions for enforcement of training requirements.
(3) Continuing education requirements beyond the initial 70 hours of required training.
(4) Provisions for waiving staff training requirements, provided that waivers shall not adversely impact the health and safety of consumers living in a community care facility funded pursuant to Section 4681.1.