2009 California Health and Safety Code - Section 11758.10-11758.29 :: Chapter 3. County Plans And Negotiated Net Amount Contracts

11758.10.  (a) (1) Within 60 days after notification of the final
allocation of each fiscal year pursuant to Section 11814, the board
of supervisors of each county that receives funds under this division
shall adopt and submit to the department, in accordance with the
planning process approved by the county board of supervisors and
Section 11798, a county plan.
   (2) Within 60 days after notification of the final allocation of
each fiscal year pursuant to Section 11814, the board of supervisors
of each county requesting to participate shall submit to the
department, in accordance with Section 11798, a negotiated net amount
contract for alcohol and other drug abuse services.
   (b) The approved county plan, or executed negotiated net amount
contract, as amended, shall remain in effect to provide the basis for
advance payment until the next year's plan is approved or contract
amendment is executed. The purpose of these county plans and
contracts shall be to provide the basis for reimbursements pursuant
to this division and to coordinate services pursuant to Part 2
(commencing with Section 11760) in a manner that avoids fragmentation
of services and unnecessary expenditures.
   (c) The department, after consultation with county alcohol and
drug program administrators, shall develop standardized forms to be
used by the counties in the submission of the county plan and
negotiated net amount contract. The forms shall include terms and
conditions relative to county compliance with applicable laws,
regulations, guidelines, and Budget Act requirements.

11758.12.  (a) A negotiated net amount, for the purposes of this
chapter, shall be determined by calculating the total budget for
services less the amount of projected revenue. These net amounts for
alcohol or other drug services, or both, shall be negotiated for each
year of the contract between the participating county and the
department and shall be disbursed to participating counties monthly
in arrears, upon enactment of the Budget Act. Monthly disbursements
to the participating county at the beginning of each fiscal year
shall be based on the preliminary allocation of funds issued by the
department. The payments shall be based on appropriations made by the
Legislature and monthly payments shall be adjusted to reflect
reductions and deletions made by the Legislature. The department
shall have the option to either terminate this agreement or amend the
contract to reflect the reduced funding. The payments shall continue
at the adjusted level until the negotiated contract is amended to
reflect the final State Budget for the fiscal year and the final
allocation to the counties.
   (b) Where the State Department of Health Services adopts
regulations for determining reimbursement of county alcohol and other
drug program plan services allowable under the Medi-Cal program,
those regulations shall be controlling only as to the rates for
reimbursement of these services allowable under the Medi-Cal program
and rendered to Medi-Cal beneficiaries.
   (c) Participating counties shall report to the department any
information required by the department in accordance with, but shall
not exceed, any statutory restrictions, limitations, or conditions
enacted by the Legislature, including the applicable Budget Act, or
federal law and regulations.
   (d) Absent a finding of fraud, abuse, or failure to achieve
contract objectives, no restrictions, other than any contained in an
executed negotiated net amount contract, a Drug Medi-Cal contract,
and an approved county plan, whichever is applicable, shall be placed
upon a county's expenditure or retention of state General Fund funds
received pursuant to this chapter, with the exception of state
General Fund funds used as a match for Drug Medi-Cal federal
financial participation.
   (e) Unspent state General Fund moneys identified after a date
specified in the contract shall be retained by the county and spent
on identifiable drug and alcohol service priorities in accordance
with the contract.

11758.13.  The terms of a negotiated net amount contract shall
contain a provision defining and expanding upon dedicated capacity.
At a minimum "dedicated capacity" shall be defined as a historically
calculated service modality and service capacity that is adjusted for
the projected expansion or reduction in services that the counties
agree to make available to provide alcohol and other drug services to
persons otherwise eligible for county services. The department shall
base its contract negotiations on the availability of a mutually
agreeable dedicated capacity.

11758.20.  (a) The department shall negotiate net amount contracts
with each county that requests to participate, in lieu of county
plans, budgets, and reports.
   (b) The department shall allocate funds for the purpose of
establishing negotiated net amount contracts, Drug Medi-Cal
contracts, or both, with each participating county in accordance with
Sections 11814 and 11817.3.

11758.23.  (a) The department and counties shall calculate the
negotiated net amount, for the purposes of Section 11758.20, by
calculating the total budget for services less the amount of
projected revenue. These net amounts for alcohol and other drug
services shall be negotiated each fiscal year between the
participating counties and the department and shall be disbursed to
participating counties on a monthly basis.
   (b) No contract shall become final until executed by both the
participating county and the department. A contract shall be executed
by September 30, and shall cover the fiscal year period from July 1
to June 30, inclusive. In the event the participating county or the
department does not execute the contract by September 30, or in the
event a contract is timely executed, but the county does not meet the
performance requirements of the contract, the county shall be
compensated for work performed upon submission by the county of a
county plan in accordance with Section 11798.
   (c) When a negotiated net amount contract is executed by the
department, all participating government funding sources, except for
the Medi-Cal program (Chapter 7 (commencing with Section 14000) of
Part 3 of Division 9 of the Welfare and Institutions Code) and
federal funds, shall be bound to that amount as the cost of providing
alcohol or other drug services, subject to meeting the performance
requirements in the contract.

11758.25.  (a) Performance requirements shall be included within the
terms of the negotiated net amount contract and shall include, at a
minimum, all of the following:
   (1) Provision for an adequate quality and quantity of service.
   (2) Provision for access to services by persons residing within
the contracting county.
   (3) A provision requiring that all funds paid by the state for
alcohol and other drug programs shall be used exclusively for the
purpose for which the payment was made.
   (4) A provision requiring that performance be in compliance with
applicable state and federal laws, regulations, and standards.
   (b) When a minimum required utilization level is measured to
dedicated capacity, "dedicated capacity" shall be the available
capacity based on historical data and department-approved projected
expansion of a service modality identified in the contract.
   (c) The terms of the contract shall include a provision that
allows the department access to county and subcontractor financial
and service records for the purpose of auditing the requirements in
the contract and establishing the data necessary for prospective
contract negotiations.
   (d) The terms of the contract shall include a provision for
resolution of disputed audit findings.

11758.29.  (a) A county with an executed negotiated net amount
contract shall bear the financial risk in providing any alcohol or
other drug services to the population described and enumerated in the
executed contract within the net amount.
   (b) The participating county shall not be precluded from
subcontracting to purchase all or part of the delivery of alcohol and
other drug services from noncounty providers.
   (c) The participating county shall comply with Sections 11840 and
11840.1 to provide matching funds for programs and services.
   (d) The participating county shall submit to the department
statistical data, as required in the contract, and end-of-year cost
data no later than 60 days after the close of the fiscal year.