Uniform Holiday Schedule and Half Day Billing Statutes No Longer in Effect

2015/2016 Holiday Schedule Update

The statute requiring regional centers and service providers to follow the Uniform Holiday Schedule is no longer in effect [Welfare & Institutions Code Section 4692].  A federal district court in Sacramento on September 1, 2015 denied the State’s request that the court “vacate” or set aside its previous February 13th ruling that struck down two reductions known as the “mandatory uniform holiday schedule” and “half-day billing rule” impacting many regional center funded community based site-based programs serving people with developmental disabilities. Barring any other legal action by the State, the federal district court’s February 13th ruling that struck down those two reductions remains in effect.

On March 17th the Department of Developmental Services issued an official directive to the 21 non-profit regional centers announcing elimination of the “Uniform Holiday Schedule” and “Half-Day Billing Rule” reductions effective immediately.  On April 15th the State decided to appeal to the federal district court to “vacate” or set aside its previous February 13th ruling that struck down the two cuts, with a request that, if granted, would have reinstated those two reductions.  On September 1, 2015 the federal district court issued its order denying the State’s motion or request to “vacate” its previous ruling, and reinstate those two reductions.

As regional centers can no longer require uniform provider holidays, TCRC's Vendor Advisory Committee (VAC) created a mutually agreeable holiday schedule for FY 15/16 for TCRC's day program and transportation providers, and this holiday schedule was approved at the VAC meeting on September 3, 2015.  A similar schedule was in place before the enactment of WIC Section 4692.

Certain services that were previously included under WIC Section 4692, such as 028 socialization training programs, 605 adaptive skills trainer, 048 client/parent support behavior intervention training programs, 055 community integration training programs, 063 community activities programs, and 093 create arts programs, are not included under the VAC holiday schedule.

TCRC will not pay for day program and transportation services on these holidays.

UNIFORM HOLIDAY SCHEDULE NOTICE

DDS March 17, 2015 Notice

HALF DAY BILLINGS: February 13, 2015, a federal court issued a ruling that Half-Day Billing requirements could not be enforced until such time as the State of California had obtained CMS (Centers for Medicare and Medicaid Services) approval for the requirements.  Given the recent court decision, the half day billing statute is no longer in effect and there is only full day billing.    CLICK HERE FOR REGIONAL CENTER LETTER TO SERVICE PROVIDERS