9878 Participant Fees Copy

(a) For purposes of this regulation, the term “participant” includes both individuals who are enrolled and are participating in the DUI program and individuals who are in the process of enrolling in the DUI program.

(b) Except as specified in (d) below, the DUI program shall set participant fees at a level sufficient to cover the cost of program services, including each participant’s share of personnel and operating expenses incurred by the DUI program in providing program services.

(c) The DUI program shall charge only the program fee or any additional fee that has been approved by the Department pursuant to this section of regulation. The DUI program shall not increase program fees or additional fees unless a request has been submitted to the county alcohol and drug program administrator and submitted to and approved by the Department.

Note – Instructions on requesting a fee increase section (c) (1) through (c) (4).

(d) The DUI program shall establish and use a standardized payment schedule, approved by the Department in accordance with this subsection, to determine each participant’s assessed program fee and schedule for payment of fees.

(1) The standardized payment schedule shall specify:

(A) The program fee and additional fees, broken out by cost of unit of service;

(B) The monthly income level at which the DUI program shall require the participant to pay a maximum program fee of no more than $5.00 per month, in accordance with Subsection (f)(1) of this regulation;

(C) The monthly income level at which the DUI program shall allow the participant to extend payment of the program fee or shall reduce the participant’s assessed program fee through one of the options described in Subsection (f)(3) of this regulation;

(D) The option the DUI program has elected to use, in accordance with Subsection (f)(3) of this regulation;

(E) A schedule for payment of fees, including the amount of down payment and the amount and frequency of payments required; and

(F) A sample of the participant contract containing the terms and conditions for a fee assessment and a payment schedule.

(2) The DUI program shall apply the standardized payment schedule equally in determining the participant’s assessed program fee and payment schedule.

Note – DHCS approval and non-approval process for standardized payment schedule (d) (1) through (d) (9).

(e) The DUI program shall document the participant’s assessed program fee and payment schedule in the participant contract signed at enrollment. The DUI program shall amend the contract to reflect any subsequent increase or decrease in the assessed program fee or the payment schedule.

(f) If the participant notifies the DUI program that he/she is unable to pay the fee shown on the standardized payment schedule, the DUI program shall perform a financial assessment, in accordance with Section 9879, and shall allow participation in the program as follows:

(1) If the participant’s monthly income is equal to or less than the general assistance benefit level for one person, established by the county board of supervisors pursuant to Part 5 (commencing with Section 17000) of the Welfare and Institutions Code, the DUI program shall assess the participant a maximum program fee of no more than $5.00 per month for each month in which the participant’s income is equal to or less than the general assistance benefit level for the county in which the DUI program is licensed to provide services. The assessed program fee shall be applicable for each month in which the participant is enrolled in the DUI program for one or more calendar days.

(A) At least once a year, on or before July 1, the DUI program shall request written notification of the current general assistance benefit level from the county alcohol and drug program administrator or the county board of supervisors. The DUI program shall retain a copy of the notification in its files and shall send a copy of the notification to the Department by October 1 of the same year.

(B) If the county board of supervisors has not established a general assistance benefit level, the DUI program shall assess the participant a maximum program fee of no more than $5.00 per month for each month in which the participant’s monthly income is $300 or less.

(C) If the participant is eligible for a maximum program fee of no more than $5.00 per month, the DUI program shall assess only the following additional fees:

The DUI program may assess a maximum additional fee of no more than $5.00 each time it must reschedule a program service because the participant failed to attend or reschedule in advance, in accordance with the requirements of Section 9876.

The program may assess a maximum additional fee of no more than $10.00 each time it reinstates a participant who was dismissed from the program, in accordance with Section 9886, or who voluntarily withdrew from the program.

The DUI program may assess a maximum fee of $5.00 for processing a transfer to another licensed DUI program.

(2) If the participant’s monthly income is greater than the general assistance benefit level for the county, the DUI program shall determine if it is equal to or less than 35 percent of the monthly median family income for the county, as shown on the most recent decennial census obtained from the county planning department or from the State Census Data Center, Department of Finance, 915 L Street, Sacramento, CA 95814.

(3) If the participant’s monthly income is greater than the general assistance benefit level for the county but equal to or less than 35 percent of the monthly median family income for the county, the DUI program shall allow the participant to extend payment of the program fee [i.e. the extended payment option, described in subdivision (f)(3)(D) of this regulation] or shall reduce the participant’s assessed program fee [i.e. the reduced fee option, described in subdivision (f)(3)(E) of this regulation].

(A) The DUI program shall elect to use either the extended payment option or the reduced fee option and shall use the option it has elected for all participants whose monthly income is greater than the general assistance benefit level for the county but equal to or less than 35 percent of the monthly median family income for the county.

Note – Instructions on DHCS approval for elected extended or reduction for financial assessment section (f) (A) through (f) (4) (G).

(g) Except for participants who are eligible for a minimum fee of $5.00 per month (as specified in (f) immediately above), the DUI program may charge for the following additional services:

  • Leave of Absence;
  • Returned check (excluding bank charge);
  • Missed Activity;
  • Rescheduling;
  • Transfer-Out (excluding transfer of non-enrolled participants and administrative referrals);
  • Transfer-In;
  • Reinstatement;
  • Duplicate DL 101 (research);
  • Late Payment Fee; and
  • Alcohol/Drug Screening (positive result);

The DUI program shall charge only for additional services shown in (g) immediately above. The DUI program shall provide justification in writing to the Department for any additional service it proposes to charge pursuant to Section 9878(c). Such justification shall include the activity and time involved to perform the task, and the classification and hourly rate of pay for the staff performing the tasks.

(h) The DUI program may allow a participant to voluntarily pay in advance for program services to be provided.

(i) The DUI program may withhold the participant’s Notice of Completion certificate until the assessed program fee, and any additional fees assessed have been paid in full. Withholding of the participant completion certificate shall require an agreement between the parties, to be reflected in the participant contract or an amendment to that contract. (As used in this regulation, the term “completion certificate” means the Department of Motor Vehicles’ Form DL 101.)

(1) The contract or amendment shall state that the participant has been informed of (and by signing the contract shows that he/she understands) the terms and conditions of the contract, and he/she agrees that the program Notice of Completion certificate may be withheld until the participant has paid the assessed program fee and any additional fees assessed.

(2) The contract or amendment shall be signed by the participant and by a DUI program representative.

(3) The DUI program shall retain a copy of the signed contract or amendment in the participant’s record.

(j) The DUI program may allow the participant, at the DUI program’s option, to pay the program fee on a weekly, bi-weekly, or monthly basis. If the DUI program requires the participant to pay the program fee on a weekly or bi-weekly basis, the total amount charged shall not exceed the total amount which would be required if payment were made in equal monthly payments.

(k) The DUI program shall refund to the participant any program fee paid in advance for services the participant did not receive. Refunds to participants who have been dismissed from the program shall be issued within ninety days from the date of dismissal. In calculating the amount to be refunded to the participant, the DUI program shall use the program fee per unit of service approved pursuant to this regulation.

(l) Prior to processing a participant’s request for a transfer to another state licensed DUI program, the DUI program may require the participant to pay his/her assessed program fee due for services provided by the DUI program and any additional fees assessed in accordance with the provisions of this regulation.

(m) Prior to processing a participant’s request for reinstatement to the program following a dismissal, voluntary withdrawal, or transfer, the DUI program may require the participant to pay his/her assessed program fee due for services provided by the DUI program, and any additional fees assessed in accordance with the provisions of this regulation.

(n) The county may assess an amount not to exceed five percent of gross program revenue per annum for its administration and monitoring of the DUI program, in accordance with Section 9801.5. The county may assess an amount in excess of five percent of gross program revenue per annum only with approval by the Department. Such approval shall require the county to provide justification of actual costs and services. Approval shall be valid only for the fiscal year for which it is granted.

(o) DUI program profit or surplus shall not exceed 10 percent of gross revenue from fees per annum.

(p) The DUI program shall maintain for Departmental review the current and previous fiscal year program budget and revenue and expenditure reports.