Cal. Code Regs. Tit. 17, § 50611 - Contract Termination

(a) The regional center/service provider contract shall contain the requirements for the termination of the contract.

(b) The provision for contract termination by the regional center shall include:

(1) The methods by which termination will be effected;

(2) The basis for settlement; and

(3) A description of the conditions which shall constitute possible grounds for termination of the contract and/or payment. Such conditions shall include, but not be limited to, those in which it is determined that:

(A) The service provider has not complied with provisions of its contract, the terms of the purchase of service authorization, applicable Federal and State regulations, or statutes governing the service program and/or the provision of services to persons with developmental disabilities.

(4) The Department, regional center, or any authorized representative shall determine whether the conditions, specified in Section 50611(b)(3) above, exist to constitute possible grounds for contract termination. Such determination shall be:

(A) Conveyed to the service provider 30 days in advance of payment and/or contract termination, pursuant to Welfare and Institutions Code, Section 4710.

(B) In the form of a notice containing the provisions for contract termination specified in subsections (b)(1) through (3).

(c) The provision for contract or service termination by the service provider shall include:

(1) A requirement that notice be given to the regional center in writing; and

(2) A requirement that notice be given at least 30 days prior to contract termination.

(d) In no event, shall a regional center or service provider terminate a contract without complying with the requirements set forth in statute and regulation including, but not limited to, Welfare and Institutions Code, Sections 4502, 4646, 4646.3, 4648, 4710, and 4741.

Notes

Cal. Code Regs. Tit. 17, § 50611

1. New section filed 9-22-89; operative 10-22-89 (Register 89, No. 40).
2. Amendment of section filed as an emergency 6-17-93; operative 6-17-93. Submitted to OAL for printing only pursuant to SB485 (Chapter 722, Statutes of 1992) Section 147(a) (Register 93, No. 26).
3. Certificate of Compliance as to 6-17-93 order transmitted to OAL 6-20-94 and filed 8-2-94 (Register 94, No. 31).

Note: Authority cited: Chapter 722, Statutes of 1992, Section 147; Sections 4405, 4631, 4648.2 and 4791(i), Welfare and Institutions Code; and Section 11152, Government Code. Reference: Sections 4502, 4629(f), 4631, 4646.5, 4648.1 and 4741, Welfare and Institutions Code.

1. New section filed 9-22-89; operative 10-22-89 (Register 89, No. 40).
2. Amendment of section filed as an emergency 6-17-93; operative 6-17-93. Submitted to OAL for printing only pursuant to SB485 (Chapter 722, Statutes of 1992) Section 147(a) (Register 93, No. 26).
3. Certificate of Compliance as to 6-17-93 order transmitted to OAL 6-20-94 and filed 8-2-94 (Register 94, No. 31).