Section 11798 Of Article 1. General Provisions From California Health And Safety Code >> Division 10.5. >> Part 2. >> Chapter 4. >> Article 1.
11798
. (a) Counties that apply for funds to provide alcohol and
other drug abuse services shall prepare and submit a contract for
alcohol and other drug abuse services to the department. The contract
shall include a budget for all funds sources to be used to provide
alcohol and other drug abuse services. The funds identified in the
contract shall be used exclusively for county alcohol and other drug
abuse services to the extent that the activities meet the
requirements for receipt of the federal block grant funds for
prevention and treatment of substance abuse described in Subchapter
XVII of Chapter 6A of Title 42 of the United States Code and shall be
separately identified and accounted for. The county shall report
utilization of those funds in an annual cost report pursuant to
subdivision (b) of Section 11798.1.
(b) The contract shall include provisions to ensure both of the
following:
(1) The appropriate expenditures of funds necessary to meet the
requirements for receipt of federal block grant funds for prevention
and treatment of substance abuse described in Subchapter XVII of
Chapter 6A of Title 42 of the United States Code and other applicable
federal provisions for funds.
(2) The provision of information necessary for the department to
meet its oversight function, including, but not limited to, any
required auditing, reporting, and data collection.
(c) The contract shall specify the type, scope, and cost of the
services to be provided.
(d) The department, after consultation with county alcohol and
drug program administrators, shall develop standardized forms to be
used by the counties in the development and submission of the
contracts. The forms shall include terms and conditions relative to
county compliance with applicable laws.
(e) Performance requirements shall be included within the terms
of the contract and shall include, at a minimum, all of the
following:
(1) A provision for an adequate quality and quantity of service.
(2) A provision for access to services for at-risk populations.
(3) A provision requiring that all funds allocated by the state
for alcohol and other drug programs shall be used exclusively for the
purpose for which those funds are distributed.
(4) A provision requiring that performance be in compliance with
applicable state and federal laws, regulations, and standards.
(5) Estimated numbers and characteristics of clients-participants
by type of service.
(f) The contract shall include a provision that allows the
department access to financial and service records of the county and
contractors of the county for the purpose of auditing the
requirements in the contract and establishing the data necessary to
meet federal auditing and reporting requirements.
(g) The contract shall include a provision for resolution of
disputed audit findings.
(h) Where two or more counties jointly establish substance use
programs or where a county contracts to provide services in another
county pursuant to Section 11796, information regarding the
arrangement shall be included in the contract for alcohol and other
drug abuse services.
(i) The contract shall include a provision requiring the county
to ensure the security of client records as required by state and
federal law.
(j) The contract shall be presented for public input, review, and
comment, and the final contract shall be posted on the county's
Internet Web site.
(k) (1) Notwithstanding the rulemaking provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, the department may implement, interpret, or
make specific this section by means of all-county letters, plan
letters, plan or provider bulletins, or similar instructions from the
department until regulations are adopted pursuant to that chapter of
the Government Code.
(2) The department shall adopt emergency regulations no later than
July 1, 2014. The department may subsequently readopt any emergency
regulation authorized by this section that is the same as or is
substantially equivalent to an emergency regulation previously
adopted pursuant to this section.
(3) The initial adoption of emergency regulations implementing
this section and the one readoption of emergency regulations
authorized by this subdivision shall be deemed an emergency and
necessary for the immediate preservation of the public peace, health,
safety, or general welfare. Initial emergency regulations and the
one readoption of emergency regulations authorized by this section
shall be exempt from review by the Office of Administrative Law. The
initial emergency regulations and the one readoption of emergency
regulations authorized by this section shall be submitted to the
Office of Administrative Law for filing with the Secretary of State
and each shall remain in effect for no more than 180 days, by which
time final regulations may be adopted.