Cal. Code Regs. Tit. 22, § 54433 - Subcontracts
(a) All
subcontracts shall be in writing.
(b) Each subcontract shall be submitted to
the Department at least 60 days prior to the effective date. If the Department
does not formally act on a subcontract within 60 days after receipt, the adult
day health care provider may use the services of the subcontractor.
(c) Each subcontract shall include at least
the following:
(1) Full disclosure of the
amount of compensation or other consideration to be received by the
subcontractor from the adult day health center. That requirement provision
shall not apply to subcontracts with providers employed or salaried by the
adult day health care provider.
(2)
Specification of the services to be provided and the times and days when these
services are available to members.
(3) A provision that the subcontract shall be
governed by and construed in accordance with all laws, regulations and
contractual obligations incumbent upon the adult day health care
provider.
(4) A provision that the
Department and the Department of Health, Education and Welfare shall have the
right to inspect or reproduce all books and records of the subcontractor as
they relate to the provision of goods and services under the terms of the
subcontract. Such books and records shall be available for inspection or
reproduction at all reasonable times at the subcontractor's place of business
for a term of at least four years from the effective date of the
subcontract.
(5) A provision
requiring the subcontractor, upon written request, to furnish financial reports
relating to the provision of services under the subcontract and the payment
therefore to the adult day health center and to the Department in such form and
at such times as required by the adult day health care provider to fulfill its
obligations for financial reporting to the Department.
Notes
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