text:
(a) (1) Notwithstanding any other law or regulation, and to the extent funds are appropriated in the annual Budget Act for this purpose, the department shall provide a rate increase for the purpose of enhancing wages and benefits for staff who spend a minimum of 75 percent of their time providing direct services to consumers. The department shall not allocate more than one hundred sixty-nine million five hundred thousand dollars ($169,500,000) of the amount appropriated in the act that added this section for this purpose, plus any associated matching funds. The rate increase shall only apply to services for which rates are set by the department or through negotiations between the regional centers and service providers, and to the rates paid for supported employment services, as specified in subdivisions (a) and (b) of Section 4860, and vouchered community-based services, as specified in paragraph (7) of subdivision (c) of Section 4688.21. This section shall not apply to those services for which rates are determined by other entities, including, but not limited to, the State Department of Health Care Services or the State Department of Social Services, or are usual and customary.

(2) For the purposes of this subdivision, “direct services” are services, supports, care, supervision, or assistance provided by staff directly to a consumer to address the consumer’s needs, as identified in the individual program plan, and include staff’s participation in training and other activities directly related to providing services to consumers, as well as program preparation functions as defined in Section 54302 of Title 17 of the California Code of Regulations. State employees participating in the Community State Staff Program are ineligible for the wage increase described in this section.

(b) The rate increase specified in subdivision (a) shall be implemented in the following manner:

(1) With regional center participation, the department shall conduct a survey of a random sample of service providers in each service category eligible for the rate increase. The survey shall request information regarding all of the following and shall be returned to the regional center and department by April 15, 2016:

(A) Number of employees who spend a minimum of 75 percent of their time providing direct services to consumers and their total salary, wage, and benefit costs.

(B) Administrative costs as specified in subdivision (b) of Section 4629.7, including the number of employees and total salary, wage, and benefit costs associated with those administrative costs.

(C) Any other staff and their total salary, wage, and benefit costs that are not included in either subparagraph (A) or (B).

(D) Any other costs to the provider, other than the costs described in subparagraphs (A) to (C), inclusive.

(E) Any additional information, as requested by the department, to assist in the determination of rate increases.

(2) The vendoring regional center shall certify that, to the best of its knowledge, the survey results accurately reflect the services provided by each surveyed service provider. The results from the survey shall be used by the department to determine the rate increase to be applied, by service category. The rate increase shall be the same for all eligible providers in each service category and is intended to provide comparable increases across service categories for staff providing direct services as described in subdivision (a).

(3) By July 1, 2016, utilizing the data derived from paragraph (1), the department shall do both of the following:

(A) For those service providers whose rates are set by the department, notify those providers and the associated regional centers of the amount by which the rates are to be increased.

(B) For those service providers whose rates are set by negotiation with the regional center, notify the regional center of the amount by which the rates are to be increased.

(4) With regional center participation, the department shall conduct a survey, in a format determined by the department, of all providers who received the rate increase described in subdivision (a). Providers shall submit the completed survey to the department by October 1, 2017. The survey shall request information on how the rate increase was used by providers and shall include, but is not limited to, the following:

(A) Number of employees and their salary, wage, and benefit costs, and increases provided as a result of this subdivision.

(B) Percentage of time each employee spends providing direct services.

(C) Administrative expenses, consistent with subdivision (b) of Section 4629.7.

(D) Any additional information as determined by the department.

(c) Providers granted a rate increase pursuant to this section shall maintain documentation, subject to audit by the department or regional center, that the rate increase was used solely to increase wages, salaries, and benefits of eligible staff members spending a minimum of 75 percent of their time providing direct services to consumers.

(d) The rate increases calculated by the department pursuant to this section shall be effective July 1, 2016, and implemented as described in subdivision (b).

(e) Any provider that fails to report the information required by paragraph (4) of subdivision (b) to the department by October 1, 2017, shall forfeit the increases described in subdivision (a).

(f) In its 2017–18 May Revision fiscal estimate, the department shall describe the implementation of the increases provided pursuant to this section.

history: (History: Added by Stats. 2016, 2nd Ex. Sess., Ch. 3, Sec. 9. (AB 1 2x) Effective June 9, 2016.)


kind: section

code: WIC

text: Notwithstanding any other law or regulation, and to the extent funds are appropriated in the annual Budget Act for this purpose, the department shall allocate no more than nine million nine hundred thousand dollars ($9,900,000) plus any associated matching funds for the purpose of administrative expenses for service providers. The department shall provide a rate increase for the purpose of administrative expenses that shall apply only to providers for which rates are set by the department or through negotiations between the regional centers and service providers, and to the rates paid for supported employment services, as specified in subdivisions (a) and (b) of Section 4860, and vouchered community-based services, as specified in paragraph (7) of subdivision (c) of Section 4688.21. This increase shall be determined using the information collected pursuant to subdivision (b) of Section 4691.10. This increase shall be consistent for providers within each service category and is intended to provide comparable increases for administrative expenses across service categories. This section shall not apply to those services for which rates are determined by other entities, including, but not limited to, the State Department of Health Care Services or the State Department of Social Services, or are usual and customary.

history: (History: Added by Stats. 2016, 2nd Ex. Sess., Ch. 3, Sec. 10. (AB 1 2x) Effective June 9, 2016.)

path: 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED > 6. Development and Support of Community Facilities and Programs > 5. Regional Center Rates for Nonresidential Services


text:
(a) (1) Notwithstanding any other law or regulation, to the extent funds are appropriated in the annual Budget Act for this purpose, and contingent upon the approval of federal funding, the department shall provide a rate increase effective January 1, 2020, for all of the following services:

(A) Specified services for which rates are set by the department or through negotiations between the regional centers and service providers.

(B) Rates paid for supported employment services, as specified in subdivisions (a) and (b) of Section 4860.

(C) Vouchered community-based services, as specified in paragraph (7) of subdivision (c) of Section 4688.21.

(2) The rate increase shall be applied to rates in effect on December 31, 2019, less the amount of any one-time rate increases for developmental services, as authorized in the Budget Act of 2018 (Chapter 29 of the Statutes of 2018). The rate increase shall be applied as a percentage, and this percentage shall be the same for all providers within each service category, as established by the department and set forth in the supplemental rate increase schedule posted on the department’s internet website.

(3) The rate increase provided in this subdivision shall not apply to those services for which rates are determined by other entities, including, but not limited to, the State Department of Health Care Services or the State Department of Social Services, or are usual and customary.

(b) (1) Notwithstanding any other law or regulation, to the extent funds are appropriated in the annual Budget Act for this purpose, and contingent upon the approval of federal funding, the department shall provide a rate increase effective January 1, 2021, for all of the following services:

(A) Independent living programs that use the service code identified in paragraph (35) of subdivision (a) of Section 54342 of Title 17 of the California Code of Regulations.

(B) Infant development programs that use the service code identified in paragraph (37) of subdivision (a) of Section 54342 of Title 17 of the California Code of Regulations.

(C) Early start specialized therapeutic services provided by vendors classified by a regional center as early start specialized therapeutic services providers pursuant to Section 54356 of Title 17 of the California Code of Regulations.

(2) The rate increase shall be applied to rates in effect on December 31, 2020. The rate increase shall be applied as a percentage, and this percentage shall be the same for all providers within each service category, as established by the department and set forth in the rate increase schedule posted on the department’s internet website.

history: (History: Amended by Stats. 2021, Ch. 76, Sec. 50. (AB 136) Effective July 16, 2021. Note: If and when this section ceases to be implemented (pursuant to subd. (b)), see Section 4692.)

division: 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED

chapter: 6. Development and Support of Community Facilities and Programs

article: 5. Regional Center Rates for Nonresidential Services


citation: WIC § 4693

text: For the purposes of this article, “infant day program” means a day training and activity program where infants and their families are provided training individually and in groups for a day or less, and are provided an organized program of activity. These programs are designed to encourage the development and adjustment of the infants in the community and their homes, and to prepare the infants for entrance into classes of local schools or other appropriate facilities.

history: (History: Added by Stats. 1982, Ch. 168, Sec. 3. Effective April 24, 1982.)


citation: WIC § 4694

text: Commencing July 1, 2006, all regional center vendors who are qualified providers under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.) and are serving individuals enrolled under the Home- and Community-based Services Waiver program for persons with developmental disabilities, shall ensure that billing information provided to regional centers identifies each individual consumer and, for each consumer, the specific dates of service, location of service, service unit, unit costs, and other information necessary to support billing under the home- and community-based services waiver. Regional centers shall also ensure that their contractual and other billing and payment arrangements with providers require the provision of any information necessary to support billing under the Home- and Community-based Services Waiver program. Resources provided to regional centers, pursuant to the Budget Act of 2006 and following budgets, to implement this provision shall be allocated to the regional centers only until implementation of a statewide electronic data system that collects the billing information necessary to support billing under the Home- and Community-based Services Waiver program.

history: (History: Added by Stats. 2006, Ch. 74, Sec. 56. Effective July 12, 2006.)


citation: WIC § 4695

text: The State Department of Developmental Services shall offer, through the regional centers, in conjunction with community colleges which elect to participate, a uniform statewide training program for directors or licensees of residential facilities serving persons with developmental disabilities. The training program shall be at the college level, and shall be given for college credits.

history: (History: Added by Stats. 1983, Ch. 735, Sec. 1.)

article: 6. Residential Facility Staff Training

path: 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED > 6. Development and Support of Community Facilities and Programs > 6. Residential Facility Staff Training


text:
(a) Each direct care staff person employed in a licensed community care facility that receives regional center funding shall be required to satisfactorily complete two 35-hour competency-based training courses approved, after consultation with the Community Care Facility Direct Care Training Work Group, by the department or pass a department-approved competency test for each of the 35-hour training segments. Each direct care staff person to whom this subdivision applies shall demonstrate satisfactory completion of the competency-based training by passing a competency test applicable to that training segment.

(b) Each direct care staff person employed prior to January 1, 2001, in a licensed community care facility that receives regional center funding shall satisfactorily complete the first required competency-based training course or pass a department-approved competency test applicable to that training segment by January 1, 2002, and satisfactorily complete the second competency-based training course or pass a department-approved competency test applicable to that training segment by January 1, 2003.

(c) Each direct care staff person whose employment in a licensed community care facility that receives regional center funding commences on or after January 1, 2001, shall satisfactorily complete the first required competency-based training course or pass a department-approved competency test applicable to that training segment within one year from the date the staff person was hired, and satisfactorily complete the second competency-based training course or pass a department-approved competency test applicable to that training segment within two years from the date the person was hired.

(d) A direct care staff person who does not comply with this section may not continue to provide direct care to consumers in a licensed community care facility that receives regional center funding, unless otherwise approved by the department pursuant to conditions for a waiver specified in regulations adopted pursuant to subdivision (e).

(e) The department shall adopt emergency regulations in order to implement this section. These regulations may include, but are not limited to, all of the following:

(1) Requirements for satisfactory completion of the 70 hours of direct care staff training.

(2) Provisions for enforcement of training requirements.

(3) Continuing education requirements beyond the initial 70 hours of required training.

(4) Provisions for waiving staff training and competency testing requirements, provided that waivers shall not adversely impact the health and safety of consumers living in licensed community care facilities that receive regional center funding.

(f) The emergency regulations adopted by the department pursuant to subdivision (e) shall be in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The initial adoption of emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Initial emergency regulations and the first readoption of those regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations and shall remain in effect for no more than 180 days.

history: (History: Amended by Stats. 2011, Ch. 296, Sec. 320. (AB 1023) Effective January 1, 2012.)

article: 6. Residential Facility Staff Training


citation: WIC § 4696

text: The Legislature places a high priority on ensuring that regional center clients and their families can avail themselves of mental health services which are appropriate to meet their needs. The purpose of this article is to determine methods of identifying these clients as well as the type and extent of services which should be available.

history: (History: Added by Stats. 1986, Ch. 36, Sec. 1. Effective March 31, 1986.)

path: 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED > 6. Development and Support of Community Facilities and Programs > 7. Regional Center Clients Requiring Mental Health Services


text:
(a) The Legislature finds and declares that improved cooperative efforts between regional centers and county mental health agencies are necessary in order to achieve each of the following:

(1) Increased leadership, communication, and organizational effectiveness between regional centers and county mental health agencies.

(2) Decreased costs and minimized fiscal risk in serving persons who are dually diagnosed with mental illness and developmental disabilities.

(3) Continuity of services.

(4) Improved quality of mental health outcomes for persons who are dually diagnosed.

(5) Optimized utilization of agency resources by building on the strengths of each organization.

(6) Timely resolution of conflicts.

(b) In order to achieve the outcomes specified in subdivision (a), by July 1, 1999, each regional center and county mental health agency shall develop a memorandum of understanding to do all of the following:

(1) Identify staff who will be responsible for all of the following:

(A) Coordinate service activity between the two agencies.

(B) Identify dually diagnosed consumers of mutual concern.

(C) Conduct problem resolution for those consumers serviced by both systems.

(2) Develop a general plan for crisis intervention for persons served by both systems. The plan shall include after-hours emergency response systems, interagency notification guidelines, and followup protocols.

(3) Develop a procedure by which each dually diagnosed consumer shall be the subject of a case conference conducted jointly by both regional center staff and county mental health as soon as possible after admission into a county operated or contracted acute, inpatient mental health facility. The case conference shall confirm the diagnosis and the treatment plan.

(4) Develop a procedure by which planning for dually diagnosed consumers admitted to a mental health inpatient facility shall be conducted collaboratively by both the regional center and the local mental health agency and shall commence as soon as possible or as deemed appropriate by the treatment staff. The discharge plan shall include subsequent treatment needs and the agency responsible for those services.

(5) Develop a procedure by which regional center staff and county mental health staff shall collaborate to plan and provide training to community service providers, including day programs, residential facilities, and intermediate care facilities, regarding effective services to persons who are dually diagnosed. This training shall include crisis prevention with a focus on proactively recognizing crisis and intervening effectively with consumers who are dually diagnosed.

(6) Develop a procedure by which the regional center and the county mental health agency shall work toward agreement on a consumer-by-consumer basis on the presenting diagnosis and medical necessity, as defined by regulations of the State Department of Health Care Services.

(c) The department and the State Department of Health Care Services shall collaborate to provide a statewide perspective and technical assistance to local service regions when local problem resolution mechanisms have been exhausted and state level participation has been requested by both local agencies.

(d) The director of the local regional center and the director of the county mental health agency or their designees shall meet as needed but no less than annually to do all of the following:

(1) Review the effectiveness of the interagency collaboration.

(2) Address any outstanding policy issues between the two agencies.

(3) Establish the direction and priorities for ongoing collaboration efforts between the two agencies.

(e) Copies of each memorandum of understanding shall be forwarded to the State Department of Developmental Services upon completion or whenever amended. The department shall make copies of the memorandum of understanding available to the public upon request.

(f) By May 15 of each year, the department shall provide all of the following information to the Legislature:

(1) The status of the memorandums of understanding developed jointly by each regional center and the county mental health agency and identify any barriers to meeting the outcomes specified in this section.

(2) The availability of mobile crisis intervention services, including generic services, by regional center catchment area, including the names of vendors and rates paid.

(3) A description of each regional center’s funded emergency housing options, including the names and types of vendors, the number of beds and rates, including, but not limited to, crisis emergency group homes, crisis beds in a regular group home, crisis foster homes, motel or hotel or psychiatric facility beds, and whether each emergency housing option serves minors or adults and whether it is physically accessible.

history: (History: Amended by Stats. 2012, Ch. 34, Sec. 76. (SB 1009) Effective June 27, 2012.)

article: 7. Regional Center Clients Requiring Mental Health Services


text: A regional center shall notify the clients’ rights advocate, as described in Section 4433, of all consumers placed on an involuntary psychiatric hold or in a Lanterman-Petris-Short conservatorship pursuant to Section 5250, 5260, 5270.10, 5300, or 5350.

history: (History: Added by Stats. 2019, Ch. 28, Sec. 29. (SB 81) Effective June 27, 2019.)


citation: WIC § 4697

text:
(a) The Legislature finds and declares all of the following:

(1) The methods of establishing rates of payment for providers of services and supports to persons with developmental disabilities in the community should reflect the actual costs of ensuring high quality and stable services.

(2) State law and regulations should reflect the type and design of community-based services and supports necessary to best meet the needs and choices of individuals with developmental disabilities and their families.

(3) The licensing, vendoring, and monitoring of service and support providers is necessary to ensure the safety and satisfaction of consumers and should be achieved in a manner that is respectful of consumer privacy and choices, responsive to consumers and families, minimizes complexity and duplication, fosters partnership between state agencies and regional centers and provider in the delivery of high-quality services and supports, and respond swiftly to protect the rights and health of consumers.

(4) System stakeholders must work collaboratively and continuously to ensure that the design, funding methodology, and monitoring of the service and support delivery system reflects the values and goals of those served.

(b) It is the intent of the Legislature that the State Department of Developmental Services facilitate joint meetings between system stakeholders, as appropriate, to review the service delivery system and make recommendations for change when desirable. The efforts may include, but are not limited to:

(1) The process by which regional centers vendor providers of services and supports and make recommendations for changes to improve the quality of services and supports and choices of consumers and families in selecting providers.

(2) Ratesetting methodologies and recommendations to maximize cost-effectiveness while emphasizing quality, variety, and flexibility in the delivery of services and supports.

(3) The various monitoring and oversight functions of state and local agencies and recommendations for improving effectiveness and minimizing duplication.

history: (History: Added by Stats. 1998, Ch. 1043, Sec. 18. Effective January 1, 1999.)


citation: WIC § 4698

text:
(a) (1) “Community crisis home” means a facility certified by the State Department of Developmental Services pursuant to this article, and licensed by the State Department of Social Services, pursuant to Article 9.7 (commencing with Section 1567.80) of Chapter 3 of Division 2 of the Health and Safety Code, as an adult residential facility or a group home providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center services and in need of crisis intervention services who would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center or Sonoma Developmental Center, a State Department of Developmental Services-operated facility, an out-of-state placement, a general acute hospital, an acute psychiatric hospital, or an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5. A community crisis home shall have a maximum capacity of eight consumers. No more than one-third of community crisis homes may exceed a capacity of six consumers.

(2) “Consumer” or “client” means an individual who has been determined by a regional center to meet the eligibility criteria of Section 4512 and applicable regulations and for whom the regional center has accepted responsibility.

(b) (1) The State Department of Developmental Services, using community placement plan funds, shall establish community-based residential options consisting of community crisis homes for adults and community crisis homes for children. The community crisis homes shall serve individuals who meet all of the following criteria:

(A) The child or adult has one or more developmental disabilities.

(B) The child or adult receives regional center services.

(C) The child or adult requires crisis intervention services.

(D) The child or adult would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center or Sonoma Developmental Center, a State Department of Developmental Services-operated facility, an out-of-state placement, a general acute hospital, an acute psychiatric hospital, or an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5.

(2) The State Department of Developmental Services may issue a certificate of program approval to a community crisis home qualified pursuant to this article.

(3) A community crisis home using delayed egress devices may utilize secured perimeters in compliance with Section 1531.15 of the Health and Safety Code and applicable regulations. The total number of community crisis beds using delayed egress devices in combination with secured perimeters shall not exceed 20 percent of the statewide limit established in subdivision (k) of Section 1531.15 of the Health and Safety Code. A community crisis home that uses delayed egress devices in combination with secured perimeters shall not have more than six beds.

(c) A community crisis home shall not be licensed by the State Department of Social Services until the certificate of program approval, issued pursuant to this article by the State Department of Developmental Services, has been received.

(1) A community crisis home shall be certified only if approved through a regional center community placement plan pursuant to Section 4418.25. Each home shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations. The home shall be eligible for federal Medicaid home- and community-based services funding, unless the State Department of Developmental Services approves the use of delayed egress devices with secured perimeters to be utilized at the community crisis home pursuant to Section 1531.15 of the Health and Safety Code.

(2) A consumer shall not be placed in a community crisis home unless the program is certified by the State Department of Developmental Services, pursuant to this article, and the facility is licensed by the State Department of Social Services, pursuant to Article 9.7 (commencing with Section 1567.80) of Chapter 3 of Division 2 of the Health and Safety Code.

(3) A certificate of program approval, issued pursuant to this article by the State Department of Developmental Services, shall be a condition of licensure for the community crisis home by the State Department of Social Services, pursuant to Article 9.7 (commencing with Section 1567.80) of Chapter 3 of Division 2 of the Health and Safety Code.

(4) Community crisis homes shall exceed the minimum requirements for a Residential Facility Service Level 4I pursuant to Sections 56004 and 56013 of Title 17 of the California Code of Regulations, and shall meet all applicable statutory and regulatory requirements for facility licensing, the use of behavior modification interventions, and seclusion and restraint, including Division 1.5 (commencing with Section 1180) of the Health and Safety Code, and that are applicable to facilities licensed as adult residential facilities.

(d) Community crisis homes shall have a facility program plan approved by the State Department of Developmental Services. The facility program plan approved by the State Department of Developmental Services shall be submitted to the State Department of Social Services for inclusion in the facility plan of operation, pursuant to Section 1567.84 of the Health and Safety Code.

(1) No later than March 1, 2020, the department shall develop guidelines regarding the use of restraint or containment in community crisis homes, which shall be maintained in the facility program plan and plan of operation. In the development of these guidelines, the department shall consult with both of the following:

(A) The appropriate professionals regarding the use of restraint or containment in community crisis homes.

(B) The protection and advocacy agency described in subdivision (i) of Section 4900 regarding appropriate safeguards for the protection of clients’ rights.

(2) The requirements of paragraph (1) shall not apply to community crisis homes that are certified and licensed prior to March 1, 2020, or prior to the adoption of the guidelines required in paragraph (1), whichever is sooner. However, these homes shall meet the requirements of paragraph (1) no later than 30 days following adoption of the guidelines.

(3) A community crisis home shall include in its facility program plan a description of how it will ensure physical restraint or containment will not be used as an extended procedure in accordance with this section, subdivision (h) of Section 1180.4 of the Health and Safety Code, and any other applicable law or regulation.

(e) The local regional center and each consumer’s regional center shall have joint responsibility for monitoring and evaluating the provision of services in the community crisis home. Monitoring shall include at least monthly face-to-face, onsite case management visits with each consumer by the consumer’s regional center and at least quarterly quality assurance visits by the vendoring regional center. The State Department of Developmental Services shall monitor and ensure the regional centers’ compliance with their monitoring responsibilities.

(f) A consumer’s regional center shall also notify the clients’ rights advocate of each community crisis home admission. Unless the consumer objects on the consumer’s own behalf, the clients’ rights advocate may participate in developing the plan to transition the consumer to the consumer’s prior residence or an alternative community-based residential setting with needed services and supports.

(g) The State Department of Developmental Services shall establish by regulation a rate methodology for community crisis homes that includes a fixed facility component for residential services and an individualized services and supports component based on each consumer’s needs as determined through the individual program plan process, which may include assistance with returning to the consumer’s prior living arrangement or transitioning to an alternative community residential setting, including, when appropriate for the individual, wraparound services through intensive individualized support services.

(h) If the State Department of Developmental Services determines that urgent action is necessary to protect a consumer residing in a community crisis home from physical or mental abuse, abandonment, or any other substantial threat to the consumer’s health and safety, the State Department of Developmental Services may request that the regional center or centers remove the consumer from the community crisis home or direct the regional center or centers to obtain alternative or additional services for the consumer within 24 hours of that determination. When possible, an individual program plan (IPP) meeting shall be convened to determine the appropriate action pursuant to this section. In any case, an IPP meeting shall be convened within 30 days following an action pursuant to this section. The regional center shall notify the clients’ rights advocate of any removal from the community crisis home.

(i) The Director of Developmental Services shall rescind a community crisis home’s certificate of program approval when, in the director’s sole discretion, a community crisis home does not maintain substantial compliance with an applicable statute, regulation, or ordinance, or cannot ensure the health and safety of consumers. The decision of the Director of Developmental Services shall be the final administrative decision. The Director of Developmental Services shall transmit a decision rescinding a community crisis home’s certificate of program approval to the State Department of Social Services and the regional center with a recommendation as to whether to revoke the community crisis home license, and the State Department of Social Services shall revoke the license of the community crisis home pursuant to Section 1550 of the Health and Safety Code.

(j) The State Department of Developmental Services and regional centers shall provide to the State Department of Social Services all available documentation and evidentiary support necessary for the licensing and administration of community crisis homes and enforcement of Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, and the applicable regulations.

history: (History: Amended by Stats. 2019, Ch. 28, Sec. 30. (SB 81) Effective June 27, 2019.)

article: 8. Community Crisis Home Certification

path: 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED > 6. Development and Support of Community Facilities and Programs > 8. Community Crisis Home Certification


text:
(a) A certificate of program approval shall not be issued pursuant to this article until the publication in Title 17 of the California Code of Regulations of emergency regulations filed by the State Department of Developmental Services. These regulations shall be developed in consultation with stakeholders, including the State Department of Social Services, consumer advocates, and regional centers. The regulations shall address at least all of the following:

(1) Program standards, including program design requirements, staffing structure, staff qualifications, and training. Training requirements shall include all of the following:

(A) A minimum of 16 hours of emergency intervention training, which shall include the techniques the facility will use to prevent injury and maintain safety regarding consumers who are a danger to self or others and shall emphasize positive behavioral supports and techniques that are alternatives to physical restraint.

(B) Additional training for direct care staff to address the specialized needs of the consumers, including training in emergency interventions.

(2) Requirements and timelines for the development and updating of each consumer’s individual program plan, including time-limited objectives and a plan to transition the consumer to his or her prior residence or an alternative community-based residential setting with needed services and supports. In developing these regulations, the department shall place a high priority on transitioning the consumer to his or her prior residence, when that is the preferred objective in the consumer’s individual program plan.

(3) Procedures and requirements for identifying and providing supplemental and ancillary staffing and supports, including therapeutic, behavioral, and clinical services and supports, based on individual consumer need.

(4) The rate methodology.

(5) Consumer rights and protections.

(b) The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the State Department of Developmental Services is hereby exempted from the requirement that it describe specific facts showing the need for immediate action. These emergency regulations shall be developed in consultation with system stakeholders. A certificate of compliance for these implementing regulations shall be filed within 24 months following the adoption of the first emergency regulations filed pursuant to this section. The emergency regulations may be readopted and remain in effect until approval of the certificate of compliance.

history: (History: Added by Stats. 2014, Ch. 30, Sec. 21. (SB 856) Effective June 20, 2014.)

article: 8. Community Crisis Home Certification


text:
(a) No later than July 1, 2027, the State Department of Developmental Services shall contract with a public or private California dental school or college to administer the Oral Health for People with Disabilities Technical Assistance Center Program. The department shall prioritize contracting with a public California dental school or college to administer the program. The purpose of the program is to improve dental care services for people with developmental and intellectual disabilities by reducing or eliminating the need for dental treatment using sedation and general anesthesia. The contract shall expire on June 30, 2032.

(b) The contracted California dental school or college may partner with a public or private dental school or college. If the contracted California dental school or college elects to partner with another dental school or college, the contracted California dental school or college shall prioritize partnering with a public California dental school or college. The contracted school or resulting partnership shall collectively meet both of the following qualifications:

(1) All partner public or private schools shall be located in California and be approved by the Dental Board of California or the Commission on Dental Accreditation of the American Dental Association.

(2) Lead faculty at one or more schools shall demonstrate having developed and implemented at regional centers, community-based dental care programs that have achieved all of the following:

(A) Successfully used teledentistry-supported systems to bring dental care to people with developmental disabilities in community settings.

(B) Successfully reduced the number of people needing dental care using sedation or general anesthesia.

(C) Demonstrated improved oral health in community settings as the result of meeting the achievements described in subparagraphs (A) and (B).

(c) In administering the Oral Health for People with Disabilities Technical Assistance Center Program, the contracted school or partnership shall do all of the following:

(1) Work with the department to engage up to 21 regional centers to participate in the program.

(2) Provide practical experience, systems development, and expertise in relevant subject areas.

(3) Enlist dental offices and clinics to participate and establish teams of community-based allied personnel and dentists to work with each participating regional center.

(4) Design, implement, and support customized operational systems in each community in conjunction with the local oral health community and regional center personnel.

(5) Provide initial and ongoing training, monitoring, and support for participating oral health personnel, including, but not limited to, dental offices and clinics, and dentists and allied dental personnel.

(6) Provide initial and ongoing training, monitoring, and support for participating regional center personnel.

(7) Monitor and support the ongoing improvement and sustainability of operational systems at each regional center.

(8) Organize and direct a statewide advisory committee and learning community.

(9) Collect and analyze program data with the support of participating regional centers and oral health providers.

(d) Beginning one year after the contract described in subdivision (a) commences and until June 30, 2033, the department shall submit to the Legislature an annual report of the data described in paragraph (9) of subdivision (c), in accordance with Section 9795 of the Government Code.

(e) To implement this section, the department may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis. Contracts entered into or amended pursuant to this subdivision shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the review or approval of the Department of General Services.

history: (History: Added by Stats. 2025, Ch. 612, Sec. 2. (AB 341) Effective January 1, 2026.)

path: 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED > 6. Development and Support of Community Facilities and Programs > 9. Oral Health for People with Disabilities Technical Assistance Center Program


text:
Participating regional centers shall do all of the following:

(a) Designate a lead person at each regional center with responsibility for duties related to this article.

(b) Establish vendor agreements with interested oral health professionals.

(c) Identify people with intellectual and developmental disabilities who can benefit from the program, especially those who are already experiencing long wait times for dental care using sedation or general anesthesia, or those who are likely to experience long wait times in the future.

(d) Collect and store social, medical, and consent history and information necessary for a referral to a participating oral health professional.

(e) Facilitate referrals to participating oral health professionals.

(f) Monitor program and individual patient activity and progress.

article: 9. Oral Health for People with Disabilities Technical Assistance Center Program


text:
(a) The department shall do all of the following:

(1) Establish procedures for regional center directors, or their designees, to participate in the program.

(2) Provide guidance and establish protocols to support the program, including detailed clarification of payment for the various components of the program, workflow, and purchase-of-service authorizations and payments.

(3) Provide guidance for regional centers regarding the use of specialized therapeutic services payments.

(4) Provide guidance and technical assistance for regional centers to streamline the vendorization process for dental professionals.

(5) Allow regional centers to aggregate and publish anonymized results data.

(b) The department may consult and share information with other state entities as necessary to implement this article.

(c) The department may adopt other rules and regulations necessary to implement this article.


text: Implementation of this article is subject to an appropriation by the Legislature for the purpose of this article.


citation: WIC § 4699

text:
The Legislature finds and declares all of the following:

(a) The State Department of Developmental Services estimates that about 120,000 direct support professionals and about 5,500 regional center service coordinators served approximately 370,000 consumers in fiscal year 2021–22.

(b) Workforce capacity among direct support professionals and regional center service coordinators is a growing concern in the developmental services system.

(c) Based on annual projected regional center caseload growth and assumptions about direct support professional turnover, the developmental services system is projected to need approximately 33,000 direct support professionals and 2,700 regional center service coordinators over the next five years.

(d) To be responsive to California’s changing demographics, the department should support regional centers and service providers in undertaking a purposeful approach to recruiting and hiring workers from diverse communities and explore technological advancements as a complement to workers who provide direct services.

history: (History: Added by Stats. 2022, Ch. 49, Sec. 28. (SB 188) Effective June 30, 2022.)

path: 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED > 6.5. Developmental Services Workforce Stabilization


text: Implementation of this chapter shall be subject to an appropriation by the Legislature for the purpose of this chapter.

chapter: 6.5. Developmental Services Workforce Stabilization


text:
(a) The department shall establish, and regional centers shall administer in coordination with service providers, a program to provide training stipends to direct support professionals.

(b) It is the intent of the Legislature to enhance the quality of services received by consumers, improve direct support professional retention, and increase interest among direct support professionals in skills development and continuous learning opportunities by offering stipends for the completion of training courses.

(c) A regional center shall provide up to two five-hundred-dollar ($500) training stipends to a direct support professional who completes training and development courses as specified by the department.

(d) Each training stipend shall be paid no later than three months after the conclusion of a training requirement.

(e) A portion of the program funding shall be used to compensate service providers an amount, in the form of a fee, as necessary to cover the reasonable costs to administer the program in coordination with regional centers, as determined by the department.

(f) Service providers and regional centers shall track participation and shall report to the department on a quarterly basis, commencing on January 31, 2023, on cumulative and reporting-period data about the number of participants, the administration of the fee pursuant to subdivision (e), the selection of training and development courses, and turnover information among participants.

(g) Training and development courses shall commence no later than November 1, 2022. A program participant may enroll in a training and development course on a later date.


text:
(a) The department shall establish, and regional centers shall administer, an entry-level training and internship program for individuals interested in becoming direct support professionals, subject to an appropriation by the Legislature.

(b) It is the intent of the Legislature to enhance the quality of services received by consumers and increase the hiring and retention of direct support professionals through the creation of a training and internship program that demonstrates the career opportunities available to individuals interested in becoming direct support professionals, while providing them with the skills that they need to deliver high-quality services to consumers.

(c) The training and internship program shall do all of the following:

(1) Contract with outside agencies for recruitment outreach.

(2) Offer three-month internships that provide entry-level training and practical work experience for participants.

(3) Outline the wage and employments costs for paid internships up to 30 hours per week, to collectively cover participant wages and service provider costs.

(4) Focus on populations that reflect the state’s diverse population and that do not traditionally have a pathway toward jobs in the developmental services field.

(5) Establish an entry point to the continuum of developmental services workforce development, including the training described in Section 4511.5.

(6) Create opportunities for postinternship permanent employment with service providers and allow for a five-hundred-dollar ($500) retention stipend after six months of continuous employment and another five-hundred-dollar ($500) stipend after one year of continuous employment.

(d) Regional centers shall track participation and report to the department on a quarterly basis on cumulative and reporting-period data about the number of participants, the number of participants hired, and the number of six-month and one-year employment stipends provided.

(e) Internships shall be available no later than June 1, 2023. A program participant may enroll in an internship on a later date.

history: (History: Amended by Stats. 2024, Ch. 47, Sec. 12. (AB 162) Effective July 2, 2024.)


text:
(a) The department shall establish, and regional centers shall administer, a tuition reimbursement program for regional center employees who seek a degree or certification in a health or human services-related field.

(b) It is the intent of the Legislature to enhance regional center services received by consumers, increase subject matter expertise and career advancement options at regional centers, and improve employee retention rates at regional centers by offering tuition reimbursement for eligible regional center employees.

(c) Each qualifying participant shall be eligible to receive up to ten thousand dollars ($10,000) annually for up to three years.

(d) In exchange for tuition reimbursement, participants shall be required to work at the regional center for no less than one year for each year of tuition reimbursement following completion of their degree or certification. An employee may transfer to another regional center to complete this requirement. The funding regional center shall notify the department within 30 days after a request from an employee to transfer to another regional center to complete this requirement. The receiving regional center is responsible for reporting the information required in subdivision (g).

(e) By September 1, 2022, the department shall publish eligibility requirements for regional center staff participation. These requirements shall include information about which regional center staff are eligible, which academic programs or types of academic programs are eligible, minimum application requirements, concurrent regional center work requirements, and postgraduation regional center work requirements. In addition, the department shall describe the terms of the program, including repayment or partial repayment requirements for individuals who do not complete their degree or certification or do not complete the concurrent or postgraduation work requirements.

(f) Tuition reimbursement shall be available for the 2022–23 through 2024–25 fiscal years.

(g) Regional centers shall report to the department on an annual basis, commencing on April 1, 2023, and thereafter on January 1 of each year until January 1, 2026, on data about the program, including number and demographics of applicants and participants and their regional center position, degree and field sought, and how long they were employed by the regional center after completing their degree or certification.


text:
(a) The department shall seek input from stakeholders throughout the implementation of this chapter.

(b) Stakeholders may include, but are not limited to, any of the following:

(1) Consumers and families across different geographic regions of the state and from diverse racial and ethnic backgrounds, and diverse consumer age groups and disabilities.

(2) Regional center representatives, including executive-level staff, administrative staff, and service coordinators.

(3) Service providers representing a diverse range of service types and models and including executive staff and direct support professionals.

(c) The department may utilize one of its existing stakeholder groups if it meets the criteria described in this section to conduct this consultation.


text:
(a) The department shall report to the Legislature at quarterly briefings for legislative staff about the progress on the programs described in this chapter. Reporting shall include summaries of the relevant data collected by service providers and regional centers.

(b) The department shall submit a report to the Legislature, in accordance with Section 9795 of the Government Code, no later than January 10, 2026, evaluating the success of the programs described in this chapter. As applicable, the report shall include, but not be limited to, information about all of the following:

(1) Summary information about each program, including statistics on participation and program completion, participant demographics, and participation by regional center and type of service provider.

(2) Number of new hires at service providers and regional centers.

(3) Employee retention and turnover rates at service providers and regional centers overall and among the program participant population, including available baseline rates prior to implementation of the programs and rates following completion of the programs.

(4) Consumer and family satisfaction and other measures of consumer outcomes.


text:
(a) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific, the provisions of this chapter by means of written directives or similar instructions through June 30, 2025.

(b) Contracts to procure services to implement this chapter shall be exempt from the requirements contained in the Public Contract Code and the State Administrative Manual and from approval by the Department of General Services.


citation: WIC § 4700

text: Unless the context otherwise requires, the definitions set forth in this article govern the construction of this chapter.

history: (History: Repealed and added by Stats. 2022, Ch. 49, Sec. 30. (SB 188) Effective June 30, 2022.)

chapter: 7. Appeal Procedure

article: 1. Definitions

path: 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED > 7. Appeal Procedure > 1. Definitions


citation: WIC § 4701

text:
(a) “Adequate notice” means a written notice using the form prescribed by the department. The notice shall be in plain, clear, and nontechnical language. The notice shall be provided in the language preferred by the recipient or applicant receiving the notice, and, if appropriate, the authorized representative. The notice shall be sent to the recipient or applicant and, if appropriate, their authorized representative, as specified in Section 4710. The notice shall provide the following information:

(1) The action that the regional center or state-operated facility proposes to take, including a statement of the facts upon which the regional center or state-operated facility is relying.

(2) The reason or reasons for that action.

(3) The effective date of that action.

(4) The specific provision or provisions of law, regulation, or policy supporting the action.

(5) Information on availability of advocacy assistance, including referral to the clients’ rights advocates specified in Sections 4433 and 4433.5, the State Council on Developmental Disabilities, publicly funded legal services organizations, and other advocacy organizations, including the agency designated as the protection and advocacy system as required under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. Sec. 6000 et seq.) and as provided in Division 4.7 (commencing with Section 4900).

(6) A statement indicating whether the recipient is a participant in the Medicaid home and community-based services waiver.

(7) Information about how to file an appeal with the department, unless the department has designated another agency to receive appeal requests, and the contact information for the department.

(8) Information about the following rights that are available at all steps in the appeals process:

(A) To have an interpreter provide interpretation in the preferred language of the applicant or recipient and, if appropriate, the preferred language of the authorized representative.

(B) Access to records, including all records maintained in the individual’s regional center or state-operated facility file, pursuant to Article 5 (commencing with Section 4725).

(9) Information about the following rights if a fair hearing is requested:

(A) The opportunity to attend and participate in all proceedings and to present written and oral evidence.

(B) The opportunity to examine and cross-examine witnesses.

(C) The right to appear in person with counsel or other representatives of their own choosing.

(D) The fair hearing shall be completed and a final administrative decision rendered within 90 days of the date the hearing request form is received by the department unless the fair hearing request has been withdrawn or the time period has been extended in accordance with this chapter.

(E) The right to request the disqualification of the hearing officer by filing an affidavit or making an objection on the record as specified in subdivision (g) of Section 4712. The information required by this subparagraph shall be included in the notice required by this paragraph no later than October 1, 2022.

(10) Information about the appeals process and timelines, including when current services are continued during the appeals process, and when a claimant can request a continuance.

(11) (A) Whether or not the individual is eligible for an exemption or exception to the action the regional center proposes to take as specified in subparagraph (D) of paragraph (6) of subdivision (a) of Section 4648, subdivision (d) of Section 4648.35, subdivision (d) of Section 4659, subdivision (i) of Section 4689, and subdivisions (a) and (d) of Section 4689.05, subdivision (b) of Section 95004 of the Government Code, and paragraph (3) of subdivision (e) of Section 95020 of the Government Code.

(B) The specific law supporting any of the above-specified exemptions or exceptions.

(b) “Appeal request form” means a form prescribed by the department that includes the name, address, contact information, and birth date of the claimant, date of the appeal request, the name of the regional center that provides services to the claimant or where an applicant has applied for services, the reason an appeal is requested, and the name, address, and relationship to the claimant of the authorized representative, if any. The appeal request form shall also indicate whether the claimant or their authorized representative is requesting an informal meeting, a mediation, or a fair hearing, or any combination of these options. A copy of the appointment of the authorized representative, by the claimant or the State Council on Developmental Disabilities if any, shall also be included. The form shall provide information about how to file an appeal and contact information for filing the appeal request form with the department unless the department has designated a different agency to receive the form.

(c) “Applicant” means a person who has applied for services from a regional center, or on whose behalf services have been applied for.

(d) (1) “Authorized representative” means any conservator, or legal guardian, parent, or person having legal custody of a minor claimant, who acts for or represents the claimant or a person or agency appointed pursuant to subdivision (a) of Section 4541 or subdivision (d) of Section 4705 and authorized in writing by the claimant or by the legal guardian, conservator, or parent or person having legal custody of a minor claimant to act for or represent the claimant under this chapter.

(2) “Authorized representative” also means any responsible adult appointed by a court order made pursuant to subdivision (j) of Section 319, subdivision (a) of Section 361, or subdivision (b) of Section 726 who the court determines is an appropriate representative for the minor, and who does not have a conflict of interest, as defined in subdivision (i) of Section 7579.5 of the Government Code, including, but not limited to, a foster parent, caregiver, or court-appointed special advocate.

(e) “Business days” means any day other than a Saturday, Sunday, or any other day that is an observed state or federal holiday.

(f) “Claimant” means an applicant for or recipient of services who has filed an appeal.

(g) “Days” means calendar days.

(h) “Hearing office” means the state agency that the department has designated to provide mediation and administrative hearing services.

(i) “Interpreter” means an individual who is able to interpret effectively, accurately, and impartially, both receptively and expressively.

(j) “Medicaid home and community-based services waiver participant” means an individual deemed eligible and receiving services through a Medicaid home and community-based services waiver program.

(k) “Mutual consent” means that the recipient or, if appropriate, their authorized representative, agrees with a regional center’s or state operated facility’s proposal to reduce, terminate, or change the services specified in an individual program plan or to deny the initiation of a service or support requested for inclusion in the individual program plan and that agreement is affirmatively documented, subsequent to the regional center’s proposal or denial, in a signed individual program plan, a signed list of services pursuant to subdivision (g) of Section 4646, or other written communication from a recipient or authorized representative affirmatively agreeing to all or part of the regional center’s or state-approved facility’s proposal or denial.

(1) In the absence of written documentation, if the regional center or state-operated facility has a good faith belief that an agreement exists, it shall, within five business days of the agreement, send a letter confirming the agreement to the recipient and, if appropriate, their authorized representative, if any, by standard mail, certified mail, or email at their preference as indicated in their individual program plan. The letter shall include at least all of the following:

(A) The factual basis for the regional center’s or state-operated facility’s good faith belief that an agreement exists to reduce, terminate, or change the services specified in an individual program plan or to deny the initiation of a service or support requested for inclusion in the individual program plan.

(B) The action the service agency intends to take.

(C) The reason or reasons for that action.

(D) The availability of an appeals process if the applicant, recipient, or authorized representative disagrees with the decision and a link to the department’s internet website with information about the appeals process.

(E) Information about how to express disagreement with the decision and how to obtain additional information about the appeals process.

(F) An appeal request form as described in subdivision (b).

(2) If the regional center is informed that the recipient or, if appropriate, their authorized representative, disagrees with its decision, the regional center shall immediately send adequate notice as defined in subdivision (a).

(3) This subdivision shall become operative on March 1, 2023.

(l) “Persons who have the right to request an appeal” means an applicant, recipient, and those individuals defined in subdivision (d).

(m) “Preferred language” means the language chosen by the applicant or recipient, and if applicable, the authorized representative.

(n) “Recipient” means a person with a developmental disability who receives services from a regional center or a state-operated facility.

(o) “Services” means the type and amount of services and services components set forth in the recipient’s individual program plan pursuant to Section 4646, and provided by a regional center or by the department at a state-operated facility.

article: 1. Definitions


citation: WIC § 4702

text: Each regional center and each vendor that contracts with a regional center to provide services to recipients shall conspicuously post on its internet web, if any, links to the department’s internet website page that provides a description of the appeals process set forth in this chapter and department contact information for providing information and education to recipients and applicants about the appeals process, including the notice of proposed action, timelines, options for resolving disagreements, and rights during the appeals process.

article: 1. Definitions


citation: WIC § 4705

text:
Every regional center or state-operated facility shall, as a condition of continued receipt of state funds, have an appeals procedure for resolving conflicts between the regional center or state-operated facility and recipients of, or applicants for, service. The State Department of Developmental Services shall promulgate regulations to implement this chapter, which shall be binding on every regional center or state-operated facility.

(a) (1) Any public or private agency receiving state funds for the purpose of serving persons with developmental disabilities not otherwise subject to the provisions of this chapter shall, as a condition of continued receipt of state funds, adopt and periodically review a written internal grievance procedure.

(b) An agency that employs an appeals procedure mandated by any other statute shall be considered to have an approved procedure for purposes of this chapter.

(c) (1) The regional center’s and the state-operated facility’s appeals procedures for informal meetings, mediations, and fair hearings shall be stated in writing, in English and any other language that may be appropriate to the preferred language of the applicants and recipients served by the regional center or the state-operated facility.

(2) All recipients and applicants, and persons having legal responsibility for recipients or applicants, shall be informed verbally of, and shall be notified in writing in their preferred language of, the regional center’s or the state-operated facility’s appeals procedures for informal meetings, mediations, and fair hearings when they apply for service, when they are denied service, when notice of service modification is given pursuant to Section 4710, and upon request.

(d) If, in the opinion of any person, the rights or interests of a claimant who has not personally authorized a representative will not be properly protected or advocated, the State Council on Developmental Disabilities and the clients’ right advocate assigned to the regional center or state-operated facility shall be notified, and the State Council on Developmental Disabilities may appoint a person or agency as representative, pursuant to subdivision (a) of Section 4541, to assist the claimant in the mediation and fair hearing procedure. The appointment shall be in writing to the authorized representative and a copy of the appointment shall be immediately mailed to the regional center director or the state-operated facility director.

(e) This section shall become operative on March 1, 2023.

history: (History: Repealed (in Sec. 31) and added by Stats. 2022, Ch. 49, Sec. 32. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)

article: 2. General Provisions

path: 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED > 7. Appeal Procedure > 2. General Provisions


text:
(a) Unless the claimant is themselves an attorney licensed to practice law in California, or unless the claimant will have an attorney licensed to practice law in California in attendance, a regional center attorney or department attorney shall not attend an informal meeting, mediation, or fair hearing described in this chapter. The claimant shall notify the regional center and the hearing office at least 5 days prior to mediation, and 15 days prior to a fair hearing, that the claimant will have an attorney in attendance. However, the hearing officer may notify the parties in advance of a hearing that the hearing officer is allowing the attendance of an attorney in the interest of justice.

(b) This section shall become operative on October 1, 2022.

history: (History: Added by Stats. 2022, Ch. 49, Sec. 33. (SB 188) Effective June 30, 2022. Operative October 1, 2022, by its own provisions.)

article: 2. General Provisions


citation: WIC § 4706

text:
(a) Except as provided in subdivision (b) to the extent permitted by federal law, all issues concerning the rights of persons with developmental disabilities to receive services under this division shall be decided under this chapter, including those issues related to fair hearings, granted by the Medicaid home and community-services waiver to the State Department of Health Care Services.

(b) Whenever a fair hearing under this chapter involves services provided under the Medicaid home and community-based services waiver, the State Department of Health Care Services shall retain the right, as provided in Section 4712.5, to review and modify any decision reached under this chapter.

history: (History: Amended by Stats. 2022, Ch. 49, Sec. 34. (SB 188) Effective June 30, 2022.)

article: 2. General Provisions


citation: WIC § 4707

text:
(a) The following appeals processes shall be available for resolving conflicts between regional centers or state-operated facilities and recipients of, or applicants for, services under this chapter.

(1) An informal meeting held by the regional center or state-operated facility to resolve the issue or issues as provided for in Sections 4710.6 to 4710.9, inclusive.

(2) Mediation as provided for in Section 4711.5.

(3) A fair hearing as provided for in Sections 4711 and 4712.

(b) When filing an appeal, a claimant may initially request one or more parts of the appeals processes identified in subdivision (a). The claimant may subsequently amend their request to select parts of the appeals process not previously selected. However, that request shall constitute a waiver of the rights of a Medicaid home and community-based services waiver participant to receive a fair hearing decision within 90 days of the date that the appeal request form is received by the department or the agency it designates to receive the appeal request form.

(c) If a recipient’s request for an appeal is postmarked or received by the department, or by another agency designated by the department to receive the appeal request, no later than 30 days after receipt of the notice of the proposed action and no later than the effective date of the action sent pursuant to subdivision (a) of Section 4710, current services shall continue for the length of time specified in Section 4715, and the recipient shall be afforded an opportunity for an informal meeting, a mediation, and a fair hearing.

(d) If a recipient or applicant’s request for appeal is postmarked or received by the department, or by another agency designated by the department to receive the appeal request, 60 days after receipt of the notice of proposed action pursuant to subdivisions (a), (b), and (d) of Section 4710, they shall be afforded an opportunity for an informal meeting, a mediation, and a fair hearing.

(e) A claimant may request a continuance of any part of the appeals process. If granted, the continuance shall constitute a waiver of the Medicaid home and community-based services waiver participant’s right to receive a fair hearing decision within 90 days of the date the appeal request form is received by the department or by the agency designated by the department to receive the appeal request form. The extension of time for the final decision resulting from the continuance shall be only as long as the time period of the continuance.

(f) This section shall become operative on March 1, 2023.

history: (History: Repealed (in Sec. 35) and added by Stats. 2022, Ch. 49, Sec. 36. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)

article: 2. General Provisions


citation: WIC § 4708

text:
(a) (1) The department shall create, with input from stakeholders, standard appeals process information packets. There shall be one information packet related to appeals under the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) and another information packet related to appeals under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). The appeals process information packets shall include all information required by this chapter and by Section 52161 and Sections 52170 to 52174, inclusive, of Title 17 of the California Code of Regulations, and shall include the appeal request form.

(2) The appeals process information packets shall be translated to provide language access, as required by state and federal law, and shall be available in alternative formats and alternative modes of communication as required by state and federal law.

(3) The appeals process information packets shall be made available by regional centers and state-operated facilities to recipients and applicants at each regularly scheduled planning meeting and with all notices of action required by Section 4710. Upon request, the department and the regional center shall provide the information packet to applicants, recipients, and authorized representatives. The department and regional centers shall post a link to the standard appeals process information packets on their internet websites within 60 days of the department making the information packets available.

(b) The standard appeals process information packets required by this section shall be completed by the department, including translations and alternative formats, and following consultation with stakeholders, on or before March 1, 2023.

history: (History: Added by Stats. 2022, Ch. 49, Sec. 37. (SB 188) Effective June 30, 2022.)

article: 2. General Provisions


citation: WIC § 4710

text:
(a) The regional center or state-operated facility shall send adequate notice, as described in subdivision (a) of Section 4701, to the recipient and, if appropriate, the authorized representative, by standard mail, certified mail, or email at their preference as indicated in their individual program plan. This notice shall be sent at least 30 days prior to either of the following actions and shall specify the effective date of the action:

(1) The regional center or state-operated facility makes a decision to reduce, terminate, or change services set forth in an individual program plan, unless there is mutual consent as defined in subdivision (k) of Section 4701.

(2) A recipient is determined to be no longer eligible for regional center services.

(b) The regional center or state-operated facility shall send adequate notice, as described in Section 4701, no more than five business days after it makes a decision to deny the initiation of a service or support requested for inclusion in the individual program plan unless there is mutual consent as defined in subdivision (k) of Section 4701. The notice shall be sent to the recipient and, if appropriate, the authorized representative, in their preferred language, by standard mail, certified mail, or by email at their preference as indicated in the individual program plan.

(c) If the reason for denial of services or modification of services in a recipient’s individual program plan is a lack of funds in the regional center budget, the regional center shall be the service agency responsible for giving adequate notice and participating in the appeals procedure under this chapter.

(d) (1) The regional center shall, within 30 days after written notice is sent to the applicant or client, notify the department in writing of the denial if a lack of funds in the regional center budget is the reason for one of the following:

(A) The denial of services to an applicant.

(B) The denial of services to a current regional center client requesting services not included in the client’s individual program plan but determined to be necessary by the interdisciplinary team.

(C) Denial, cutback, or termination of current services to a recipient set forth in the individual program plan.

(2) The notification to the department shall include the nature of the service requested, a request that the department allocate sufficient funds to the regional center within 30 days to provide the service, the projected cost for the service for the balance of the fiscal year, and information substantiating the reason for the lack of funds to purchase the service.

(e) If a person requests regional center services and is found to be ineligible for these services, the regional center shall give adequate notice pursuant to Section 4701. Within five business days of the time limits set forth in Sections 4642 and 4643, notice shall be sent to the applicant and, if appropriate, the authorized representative, by standard mail, certified mail, or email at their preference as indicated at the time of intake.

(f) The advance notice specified in subdivision (a) shall not be required when a reduction, termination, or change in services is determined to be necessary for the health and safety of the recipient. However, adequate notice shall be given within 10 days after the regional center or state-operated facility action.

(g) This section shall become operative on March 1, 2023.

history: (History: Repealed (in Sec. 38) and added by Stats. 2022, Ch. 49, Sec. 39. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)

article: 3. Fair Hearing Procedure

path: 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED > 7. Appeal Procedure > 3. Fair Hearing Procedure


text:
(a) Any applicant for or recipient of services, or authorized representative of the applicant or recipient, who is dissatisfied with a decision or action of the regional center or state-operated facility under this division shall, upon filing a request within 60 days after notification of that decision or action, be afforded an opportunity for an informal meeting, a mediation, and a fair hearing.

(b) The request for an informal meeting, mediation, or a fair hearing, or any combination thereof, shall be stated in writing on the appeal request form prescribed by the department.

(c) If any person makes a request for an informal meeting, mediation, or a fair hearing other than on the appeal request form, the employee of the regional center, department, or the state-operated facility who learns of the request shall provide the person with the appeal request form prescribed by the department and shall assist the person in filling out the form if the person requires or requests assistance. Any employee who willfully fails to comply with this requirement shall be guilty of a misdemeanor.

(d) The appeal request form shall be sent to the department unless the department has designated another agency to receive the form. The department or another agency that has been designated to receive the appeal request form shall send an electronic copy of a hearing request to the hearing office and the regional center or state-operated facility responsible for the action described in subdivision (a) within one business day of the department’s or designated agency’s receipt of the request. The department shall maintain information regarding all hearing request forms.

(e) This section shall become operative on March 1, 2023.

history: (History: Repealed (in Sec. 40) and added by Stats. 2022, Ch. 49, Sec. 41. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)

article: 3. Fair Hearing Procedure


text:
(a) (1) Upon receipt of an appeal request form requesting an informal meeting, the regional center or state-operated facility and the claimant shall determine a mutually agreed-upon date, time, and place for the meeting to be held, which shall be within 10 days of the date the department, or another agency designated by the department, receives the request, or unless the claimant requests a continuance.

(2) A place pursuant to paragraph (1) may include an agreement of the parties to conduct the informal meeting by telephone, videoconference, or other electronic means.

(b) The regional center or state-operated facility shall notify the claimant and their authorized representative in writing and in their preferred language of the mutually agreed-upon date, time, and place for the informal meeting.

(c) A written notification of rights specified in Section 4701 shall be provided to the claimant unless the regional center or state-operated facility provided the required written notification of those rights with the notice required by Section 4710.

(d) This section shall become operative on March 1, 2023.

history: (History: Repealed (in Sec. 42) and added by Stats. 2022, Ch. 49, Sec. 43. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)

article: 3. Fair Hearing Procedure


text:
(a) The purpose of the informal meeting is to attempt to resolve the issue or issues that are the subject of the appeal request informally prior to a mediation or fair hearing.

(b) The informal meeting shall be conducted by the regional center or state-operated facility director or their designee. The regional center or state-operated facility director or their designee shall notify the applicant or recipient and their authorized representative of the decision from the informal meeting in writing within five days of the meeting.

(c) The written decision of the regional center or state-operated facility director or their designee shall:

(1) Identify the issues presented by the appeal.

(2) Rule on each issue identified.

(3) State the facts supporting each ruling.

(4) Identify the specific laws, regulations, and policies upon which each ruling is based.

(5) Be provided in the preferred language of the applicant or recipient, or their authorized representative.

(d) This section shall become operative on March 1, 2023.

history: (History: Repealed (in Sec. 44) and added by Stats. 2022, Ch. 49, Sec. 45. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)

article: 3. Fair Hearing Procedure


text:
(a) At an informal meeting, the claimant shall have the rights stated pursuant to Section 4701.

(b) An informal meeting shall be held consistent with Section 4710.6.

(c) An informal meeting shall be conducted in the English language. However, if the preferred language of the claimant or the authorized representative is not English, an interpreter shall be provided. Any cost of an interpreter shall be borne by the regional center or state-operated facility.

(d) This section shall become operative on March 1, 2023.

history: (History: Repealed (in Sec. 46) and added by Stats. 2022, Ch. 49, Sec. 47. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)

article: 3. Fair Hearing Procedure


text:
(a) If, after the informal meeting, the claimant or their authorized representative is satisfied with all or part of the decision of the regional center or state-operated facility, they shall withdraw the request for an appeal on the matter or matters that have been decided to their satisfaction. The decision of the regional center or state-operated facility shall go into effect 10 days after the receipt of the full or partial withdrawal of the request for an appeal on those matters. The regional center or state-operated facility shall immediately forward a copy of the full or partial withdrawal, including a copy of the written decision, to the department and to the hearing office.

(b) If the claimant or their authorized representative is dissatisfied with all or part of the decision of the regional center or state-operated facility, the regional center or state-operated facility shall immediately notify the department and the hearing office that the appeal request has not been withdrawn.

(c) (1) If a claimant or their authorized representative has not advised the regional center or state-operated facility whether they want to proceed to a mediation or fair hearing within three days of receiving the informal meeting decision, they may do so at a later date.

(2) A decision to proceed to a mediation or fair hearing that is made more than three days after receiving the informal meeting decision shall be considered a waiver of their Medicaid home and community-based services right to a hearing decision within 90 days of the date the original request was received by the department.

(3) Services provided pursuant to a recipient’s individual program plan during the appeal shall end as specified in Section 4715.

(4) Sixty days after receiving the informal meeting decision, the appeal shall be considered withdrawn if the claimant or their authorized representative has not advised the regional center or state-operated facility of their intent to proceed to a mediation or fair hearing.

(d) A recommendation for consolidation pursuant to Section 4712.2 to the hearing office may be made at this time.

(e) This section shall become operative on March 1, 2023.

history: (History: Repealed (in Sec. 48) and added by Stats. 2022, Ch. 49, Sec. 49. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)

article: 3. Fair Hearing Procedure


citation: WIC § 4711

text:
(a) Upon receipt of an appeal request form requesting mediation or a fair hearing, the hearing office shall immediately notify the claimant and the claimant’s authorized representative, in their preferred language, and the regional center or state-operated facility director in writing of all the following information applicable to mediation and fair hearings:

(1) (A) The time, place, and date of the mediation or fair hearing, as applicable.

(B) A place pursuant to paragraph (1) may include an agreement of the parties, or an order by a hearing officer, following a finding of good cause, to conduct the mediation or hearing by telephone, videoconference, or other electronic means.

(2) The rights of the parties at the mediation or fair hearing pursuant to Section 4701 or 4711.5, as applicable.

(3) The availability of advocacy assistance pursuant to paragraph (5) of subdivision (a) of Section 4701.

(4) As applicable, contact information for persons or offices to conduct mediation or fair hearings, and to receive requests for continuance or consolidation.

(5) The rights and responsibilities of the parties established pursuant to Sections 4711.5 and 4712.

(b) This section shall become operative on March 1, 2023.

history: (History: Repealed (in Sec. 50) and added by Stats. 2022, Ch. 49, Sec. 51. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)

article: 3. Fair Hearing Procedure


text:
(a) Upon receipt of an appeal request form requesting mediation, the hearing office shall promptly notify the claimant and their authorized representative, in their preferred language, and the regional center or state-operated facility, of the information applicable to mediation.

(b) (1) The mediation shall be held within 30 days of the date the appeal request form is received by the department or by another agency designated by the department to receive the appeal request form, or unless a continuance is requested and granted to the claimant at the discretion of the mediator.

(2) A continuance granted pursuant to paragraph (1) shall constitute a waiver of a Medicaid home and community-based services participant’s right to a decision within 90 days of the date the appeal request form is received by the department or by another agency designated by the department to receive the appeal request form. The extension of time for the final decision resulting from the continuance shall be only as long as the time period of the continuance.

(c) Mediation shall be conducted in an informal, nonadversarial manner, and shall incorporate the rights of the claimant contained in paragraph (8) of subdivision (a) of Section 4701.

(d) Mediators shall meet both of the following requirements:

(1) Familiarity with the provisions of this division and implementing regulations, and familiarity with the process of reconciling differences in a nonadversarial, informal manner.

(2) The person is not in the business of providing or supervising services provided to regional centers or to regional center applicants or recipients.

(e) During the course of the mediation, the mediator may meet separately with the participants to the mediation, and may speak with any party or parties confidentially in an attempt to assist the parties to reach a resolution that is acceptable to all parties.

(f) The mediator shall voluntarily disqualify themselves and withdraw from any case in which the mediator cannot be fair and impartial. Any party may request the disqualification of the mediator by filing an affidavit, prior to the mediation, stating the specific grounds upon which it is claimed that a fair and impartial mediation cannot be held. The issue shall be decided by the mediator.

(g) Either the regional center or state-operated facility or the claimant or their authorized representative may withdraw from mediation at any time after the conclusion of the first mediation session, as that time is established by the mediator, and proceed to a fair hearing, if a fair hearing has been requested by the claimant.

(h) This section shall become operative on March 1, 2023.

history: (History: Repealed (in Sec. 52) and added by Stats. 2022, Ch. 49, Sec. 53. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)

article: 3. Fair Hearing Procedure


text:
(a) If the issue or issues involved in the mediation are resolved or partially resolved to the satisfaction of both parties, the mediator shall prepare a written resolution. Agreement of the claimant or their authorized representative to the written resolution shall be accompanied by a withdrawal or partial withdrawal, in writing, of any fair hearing request. The written resolution shall go into effect 10 days after receipt of the claimant’s agreement to the written resolution. The mediator shall promptly forward a copy of the written resolution and any full or partial withdrawal of a fair hearing request to the hearing office.

(b) If the mediation fails to resolve an issue or issues to the satisfaction of the claimant, or their authorized representative, the matter shall, at the claimant’s request, proceed to a fair hearing with respect to the unresolved issue or issues as provided under this chapter.

(c) The mediator, after the conclusion of the mediation, shall promptly notify the hearing office, department, claimant and their authorized representative, and regional center of the outcome of the mediation and whether or not the claimant wants to proceed to a fair hearing. If the claimant or their authorized representative has not indicated whether they want to proceed to a fair hearing, the matter shall be taken off the calendar and continued until the time that the claimant requests a hearing or withdraws the hearing request. The continuance shall be considered a waiver of their Medicaid home- and community-based waiver services right to a hearing decision within 90 days of the date the original request was received by the department.

(d) Services provided pursuant to a recipient’s individual program plan during the appeal shall end as specified in Section 4715.

(e) Sixty days after the mediator’s notice of the outcome of the mediation, the appeal shall be considered withdrawn if the claimant or their authorized representative has not indicated their intent to proceed to a fair hearing.

(f) This section shall become operative on March 1, 2023.

history: (History: Repealed (in Sec. 54) and added by Stats. 2022, Ch. 49, Sec. 55. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.)

article: 3. Fair Hearing Procedure