Section 11852.5 Of Chapter 13. Narcotic And Alcohol And Other Drug Abuse Programs From California Health And Safety Code >> Division 10.5. >> Part 2. >> Chapter 13.
11852.5
. (a) Charges shall be made for services rendered to each
person under a county contract in accordance with this section.
Charges for the care and treatment of each client receiving service
under a county contract shall not exceed the actual cost thereof as
determined by the director in accordance with standard accounting
practices. The fee requirement shall not apply to prevention and
early intervention services. The director is not prohibited from
including the amount of expenditures for capital outlay or the
interest thereon, or both, in his or her determination of actual
cost. The responsibility of a client, his or her estate, or his or
her responsible relatives to pay the charges shall be determined in
accordance with this section.
(b) Each county shall determine the liability of clients rendered
services under a county contract, and of their estates or responsible
relatives, to pay the charges according to ability to pay. Each
county shall collect the charges. The county shall establish and
maintain policies and procedures for making the determinations of
liability and collections, by collecting third-party payments and
from other sources to the maximum extent practicable. The written
criteria shall be a public record and shall be made available to the
department or any individual. Fees collected shall be retained at the
local level and be applied toward the purchase of additional drug
services.
(c) Services shall not be denied because of a client's ability or
inability to pay. County-operated and contract providers of treatment
services shall set and collect fees using methods approved by the
county alcohol and drug program administrator. All approved fee
systems shall conform to all of the following guidelines and
criteria:
(1) The fee system used shall be equitable.
(2) The fee charged shall not exceed actual cost.
(3) Systems used shall consider the client's income and expenses.
(4) Each provider fee system shall be approved by the county
alcohol and drug program administrator. A description of each
approved system shall be on file in the county board office.
(d) To ensure an audit trail, the county or provider, or both,
shall maintain all of the following records:
(1) Fee assessment schedules and collection records.
(2) Documents in each client's file showing client's income and
expenses, and how each was considered in determining fees.
(e) Each county shall furnish the director with a cost report of
information the director shall require to enable the director to
maintain a cost-reporting system of the costs of alcohol and other
drug program services in the county funded in whole or in part by
funds identified in the county contract with the department. The
cost-reporting system established pursuant to this section shall
supersede the requirements of paragraph (2) of subdivision (b) of
Section 16366.7 of the Government Code for a quarterly fiscal
reporting system. An annual cost report, for the fiscal year ending
June 30, shall be submitted to the department by November 1.
(f) The Legislature recognizes that alcohol and other drug
programs may provide a variety of services described in this part,
which services will vary depending on the needs of the communities
that the programs serve. In devising a system to ensure that a county
has expended its funds pursuant to an approved county contract,
including the budget portions of the contract, the department shall
take into account the flexibility that a county has in the provision
of services and the changing nature of alcohol and other drug
programs in responding to the community's needs.
(g) The department shall maintain a reporting system to ensure
that counties have budgeted and expended their funds pursuant to
their approved contracts.
(h) (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 the amendments to this section made by the act that
added this subdivision 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 the
amendments to 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.