Cal. Code Regs. Tit. 22, § 52502 - Labor Costs Category
(a)
Labor costs shall be calculated by combining direct care labor costs, direct
care agency costs, indirect care labor costs, and indirect care agency
costs.
(b) The Department shall
calculate the daily direct care labor costs by combining direct care labor
costs and direct care agency costs and dividing by total resident days.
(1) The benchmark for the daily direct care
labor cost rate component shall be the 90th percentile of each peer
group.
(2) The Department shall
determine the rate component for each facility either at actual inflated cost
or the benchmark for its peer group, whichever is lower.
(3) Each facility's direct care labor costs
shall be adjusted by the labor inflation index from the mid-point of the cost
reporting period to the mid-point of the rate year.
(4) If a FSSA/NF-B enters into service
agreements with unrelated contractors to operate physical therapy, speech
pathology, occupational therapy, or respiratory therapy services, the
contractor's documented cost of labor to work within the facility shall be
included as direct care agency costs. If the facility does not submit to the
Department the unrelated contractor's supporting documentation of the
contractor's labor costs, all of the purchased service costs shall be included
in other non-labor. If the consultant is employed by a related entity, the cost
is treated as if it was incurred by the facility.
(c) The Department shall calculate the daily
indirect care labor costs by combining indirect care labor costs and indirect
care agency costs and dividing by total resident days.
(1) If a facility employs a contractor to
provide regularly scheduled daily staff needed to operate a facility department
(such as plant operations, housekeeping, laundry and linen, or dietary), the
contractor's documented labor costs shall be included in the indirect care
agency costs. Facilities shall provide the Department with the portion of the
contract agreement and other documents that identify the labor costs. If the
facility fails to document the portion of the contract cost related to labor,
the Department shall determine the indirect labor costs related to the
contractor based on the following percentages:
(A) Plant Operations and Maintenance -- 31
percent
(B) Housekeeping -- 85
percent
(C) Laundry and Linen -- 78
percent
(D) Dietary -- 58
percent
(2) The benchmark
for the daily indirect care labor cost rate component shall be the 90th
percentile of each peer group.
(3)
The Department shall determine the rate component for each facility either at
actual inflated cost or the benchmark for its peer group, whichever is
lower.
(4) Each facility's indirect
care labor costs shall be adjusted by the labor inflation index from the
mid-point of the cost reporting period to the mid-point of the rate
year.
Notes
2. New section refiled 1-10-2011 as an emergency, including amendment of subsection (a) and repealer of subsection (d); operative 1-18-2011 (Register 2011, No. 2). A Certificate of Compliance must be transmitted to OAL by 4-18-2011 or emergency language will be repealed by operation of law on the following day. Any rules issued by provider bulletin by the Department of Health Care Services that are covered by or inconsistent with these emergency regulations are superseded as of the effective date of these emergency regulations.
3. Certificate of Compliance as to 1-10-2011 order, including amendment of subsections (b)(1)-(2) and (c)(2)-(3), repealer of subsections (b)(3) and (c)(4) and subsection renumbering, transmitted to OAL 4-5-2011 and filed 5-17-2011 (Register 2011, No. 20).
Note: Authority cited: Sections 20, 1324.20, 1324.21 and 1324.23, Health and Safety Code; and Sections 10725, 14105, 14124.5 and 14126.027, Welfare and Institutions Code. Reference: Sections 14105, 14109.5, 14110.1, 14110.6, 14170 and 14171, Welfare and Institutions Code.
2. New section refiled 1-10-2011 as an emergency, including amendment of subsection (a) and repealer of subsection (d); operative 1-18-2011 (Register 2011, No. 2). A Certificate of Compliance must be transmitted to OAL by 4-18-2011 or emergency language will be repealed by operation of law on the following day. Any rules issued by provider bulletin by the Department of Health Care Services that are covered by or inconsistent with these emergency regulations are superseded as of the effective date of these emergency regulations.
3. Certificate of Compliance as to 1-10-2011 order, including amendment of subsections (b)(1)-(2) and (c)(2)-(3), repealer of subsections (b)(3) and (c)(4) and subsection renumbering, transmitted to OAL 4-5-2011 and filed 5-17-2011 (Register 2011, No. 20).
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