Uniform Holiday & Half Day Billing for Day Services Update
On February 13, 2015, a U.S. federal court ruled that the statutory requirement under Welfare and Institutions Code (“WIC”), Section 4690.6, which requires Half-Day Billing for Day Services when consumer attendance is less than 65% of the declared and approved program day and the Uniform Holiday schedule, under WIC, Section 4692, which prohibits regional centers from funding work activity program, activity center, adult developmental center, behavior management program, social recreation program, adaptive skills trainer, infant development program, program support group (day service), socialization training program, client/parent support behavior intervention training program, community integration training program, community activities support service, creative arts program or for transporting consumers to programs on fourteen (14) holidays established by the Department of Developmental Services (“DDS”) was invalid and issued an injunction against enforcement of these two statutes.
In response to the recent US Supreme Court decision (Armstrong v. Exceptional Child Center), the State Of California has requested that the federal court lift the injunction and allow the Uniform Holiday Schedule, as established under WIC, Section 4692, and the requirement for Half-Day Billing for Day Services, as established under WIC, Section 4690.6, to be implemented. The state has asked the federal court to rule on this before the next scheduled holiday on May 25th. Any decision by the court will not be retroactive.
Here's the latest update provided by CDCAN:
SACRAMENTO, CA [CDCAN LAST UPDATED 09/16/2015 11:00 PM] – The State, represented by the California Attorney General, is still pushing for the reinstatement of two regional center reductions made in 2009 and 2011 impacting many regional center funded site-based programs, filing a motion in federal court today (September 16th) asking the federal district court judge to reconsider his previous September 1st ruling that upheld the court’s February 13th ruling that struck down those two reductions.
The more significant of the two reductions that the State wants reinstated was the mandatory statewide “Uniform Holiday Schedule” that required 14 unpaid furlough days for many regional center funded community site-based programs. The other reduction the State wants reinstated was known as the “halfday billing rule” that reduced payments to many community site-based programs. Those two reductions that were struck down by the judge’s original February 13, 2015 ruling had impacted over 80,000 people with developmental disabilities, their families and hundreds of community-based providers employing thousands of support staff.
A hearing to consider the State’s motion in the lawsuit titled “Arc California and UCP of San Diego v. Toby Douglas, et al.” has been scheduled for October 15, 2015, Thursday at 2:00 PM in Sacramento, before Morrison C. England, Jr., chief judge of the US District Court for the Eastern District of California.
The judge’s previous February 13th ruling that struck down the two reductions however remains in effect until the federal district court in Sacramento – or an appeals court – rules otherwise.
Under federal court rules, the losing party can appeal, within 30 days, the lower court’s ruling to the US Court of Appeals for the 9th Circuit. Either party in the a lawsuit – usually the losing party – among other things, can also ask the federal district court judge to “vacate” or set aside its previous ruling or verdict in a
case for certain specific reasons or “any other reason that justifies relief”, within about a year when that ruling or verdict was made. The court is not required to grant the request or motion.
Thank you to CDCAN for providing this important update.
NLACRC will track this issue closely and will provide updates as appropriate. If you have any questions about the Uniform Holiday Schedule or the Half-Day Billing for Day Services, please contact our Community Services Department at 818-756-6127.
Until such time a decision has been made on this matter, NLACRC is implementing its previously DDS approved holiday schedule that was in effect prior to July 27, 2009, as these holiday schedules are legally valid under the Lanterman Act. Prior to July 27, 2009, the following twelve (12) day holiday schedule was in effect at NLACRC and effective February 13, 2015 these same holidays will be implemented by NLACRC for all of its contract transportation services:
>> View the Uniform Holiday Schedule (still in effect for 2016/17)
Uniform Holiday Schedule General Information
The Uniform Holiday Schedule is a statewide schedule that went into effect August 1, 2009.
Regional centers cannot provide compensation for services provided on these 14 days for the following types of programs: work activity, activity centers, adult development centers, behavior management, social/recreation, adaptive skills trainer, infant development, program support group (day services), socialization training, client/parent support behavior intervention training, community integration training, community activities support services, or creative arts, and associated transportation services.
"Make-up" sessions for these days will not be permitted.