Section 11798.2 Of Article 1. General Provisions From California Health And Safety Code >> Division 10.5. >> Part 2. >> Chapter 4. >> Article 1.
11798.2
. (a) A county with an approved contract for alcohol and
other drug abuse services shall bear the financial risk in providing
any alcohol or other drug services to the population described and
enumerated in the approved contract.
(b) The county shall not be precluded from contracting to purchase
all or part of the delivery of alcohol and other drug services from
noncounty providers.
(c) Counties receiving funds shall submit to the department
statistical data, as required in the contract, and end-of-year cost
data no later than November 1 following the close of the fiscal year.
(d) Whenever a county receives funds under a grant program for
alcohol and other drug abuse services, as well as under the county
contract from either the federal or state government, or from any
other grantor, public or private, and fails to include that grant
program in the county budget for its alcohol and other drug program,
the director shall not thereafter approve any, or provide, advance
payment claims submitted by the county for state reimbursement under
this part until the contract and county budget for its alcohol and
other drug program has been reviewed to include that grant program,
and the revised contract and budget are approved by the director.
(e) (1) Except as provided in paragraphs (2) and (3), regulations
adopted by the State Department of Alcohol and Drug Programs pursuant
to former Section 11758.29 shall remain in effect unless amended or
repealed by regulation adopted pursuant to this section.
(2) 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 to the extent that this section differs
from former Section 11758.29 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.
(3) (A) 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.
(B) The initial adoption of emergency regulations implementing the
article 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.