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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 1768 (March 27, 2021).

55 Pa. Code § 4300.116. County negotiated fees.

§ 4300.116. County negotiated fees.

 (a)  The allowable cost standards in § §  4300.82—4300.108 shall be used by counties/joinders for negotiating rates for unit of service contracts. The Department will not participate in the portion of a rate which contains disallowed costs or exceeds maximum levels of reimbursement established by the Department in this title. If regulations exist for a particular service, they shall be incorporated by reference in a contract negotiated by the appropriate county authority.

 (b)  In addition to other required contract provisions, contracts for negotiated fees shall comply with the following:

   (1)  The contract budget on which the rate is based and method used to compute the rate shall be included. The contract budget shall include, as a minimum, subtotals for major objects—personnel expenses, operating expenses and fixed assets.

   (2)  If the Department has established productivity standards for services—occupancy/use—the county program shall incorporate the standards into the rate determination.

   (3)  The contract shall be audited under §  4300.161 (relating to contracted agency audits) and shall include the following:

     (i)   Verification that the units of service billed were provided and were billed at the proper rate.

     (ii)   Establishment of actual unit costs.

 (c)  The Department will participate in the cost of reimbursement of unit of service providers under this section subject to §  4300.117 (relating to computation of reimbursement).

 (d)  Departmental participation in payments based on negotiated rates shall be adjusted for reported or audited actual costs, or both, and compliance with § §  4300.82—4300.108 and 4300.158 (relating to revenue). The allowances provided under §  4300.87(c)(2)(iii) and (vii) (relating to occupancy) and §  4300.108 (relating to retained revenue) are considered costs under this subsection. Audits shall be conducted under §  4300.161.

 (e)  The county/joinder in which the facility is located shall be responsible to negotiate the rate for counties/joinders which are purchasing services from the facility.

Cross References

   This section cited in 55 Pa. Code §  4300.111 (relating to applicability).

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