§ 4096.55. — 4096.55. (Added by Stats. 2021, Ch. 86, Sec. 33.)

California § 4096.55.

• Jurisdiction: California
• Code WIC: Welfare and Institutions Code - WIC
• Div. 4.: DIVISION 4. MENTAL HEALTH
• Part 1.: PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT
• Ch. 3.: CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting
• Art. 5.: ARTICLE 5. Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents

Text

(a)
The State Department of Social Services, in collaboration with the State Department of Health Care Services, shall make available nursing resources intended to assist short-term residential therapeutic programs with meeting the needs of any child, minor, or nonminor dependent residing in the program placed by a county child welfare agency or probation department.
(b)
Nursing resources established pursuant to this section may include both of the following:
(1)
A contract that provides for access to nursing services 24 hours a day, 7 days a week.
(2)
Any other nursing resources, as identified by the State
Department of Social Services, in collaboration with the State Department of Health Care Services and in consultation with the Department of Finance, designed to assist short-term residential therapeutic programs to meet the medical needs of any child, minor, or nonminor dependent residing in the program placed by a county child welfare agency or probation department.
(c)
If a child requires regular onsite nursing care, the placing agency shall ensure the nursing care is provided, either by the provider consistent with their treatment model, or by the county arranging for that care to be provided utilizing their nursing resources.
(d)
(1)
The State Department of Social Services, in collaboration with the State Department of Health Care Services, shall issue necessary guidance for the statewide or regional short-term residential therapeutic program nursing
resources, including, but not limited to, implementation, data tracking, and claiming.
(2)
The guidance shall also provide information on how to access existing nursing resources for the provision of medically necessary onsite care for children, minors, and nonminor dependents placed by a county child welfare agency or probation department.
(e)
(1)
Notwithstanding any other law, contracts awarded by the State Department of Social Services for purposes of this section shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code.
(2)
Notwithstanding any other law, contracts awarded by the State Department of Social Services for purposes of this section shall be exempt from the
Public Contract Code and the State Contracting Manual and shall not be subject to the approval of the Department of General Services.

Legislative History

Added by Stats. 2021, Ch. 86, Sec. 33. (AB 153) Effective July 16, 2021.