Bill Text: CA SB1092 | 2021-2022 | Regular Session | Amended
Bill Title: Developmental services: individual program plan: fair hearings.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2022-08-11 - August 11 hearing: Held in committee and under submission. [SB1092 Detail]
Download: California-2021-SB1092-Amended.html
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Amended
IN
Senate
April 28, 2022 |
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Amended
IN
Senate
April 18, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 1092
| Introduced by Senator Hurtado (Coauthor: Senator Kamlager) |
February 16, 2022 |
An act to amend Sections 4512, 4646, 4646.4, 4646.5, 4701, 4706, 4710.5, 4711.5, 4712, 4712.5, 4715, and 4726 of, and to add Sections 4708, 4712.6, 4712.8, and 4712.9 to, the Welfare and Institutions Code, relating to developmental services.
LEGISLATIVE COUNSEL'S DIGEST
SB 1092, as amended, Hurtado.
Developmental services: individual program plan: fair hearings.
Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Under existing law, the regional centers purchase needed services and supports for individuals with developmental disabilities through approved service providers, or arrange for their provision through other publicly funded agencies. The services and supports to be provided to a regional center consumer are contained in an individual program plan (IPP), which is developed by the planning team according to specified procedures.
This bill would require the planning team to include at least one regional center representative authorized to make decisions on behalf of the regional center
regarding services in the IPP. The bill would also make various revisions relating to the procedure for developing the IPP, including by requiring that changes to the IPP be made in a program planning meeting with the real-time participation of the consumer or, when appropriate, their parents, legal guardian, conservator, or authorized representative, unless specified requirements are satisfied, and by requiring the consumer, or, when appropriate, their parents, legal guardian, or conservator, to be allowed to attend a meeting held as part of an internal process to determine the services and supports to be purchased.
Existing law requires a service agency, defined, in part, as a developmental center or regional center, to have a fair hearing procedure for resolving conflicts between the service agency and recipients of, or applicants for, services that meets prescribed requirements. Existing law provides for informal dispute resolution as part of the fair hearing
procedure.
This bill would make various changes to the fair hearing procedure, including by requiring the State Department of Developmental Services to contract with the State Department of Social Services for the provision of hearing officers and fair hearings. The bill would also make mediation mandatory for a service agency if requested by the claimant, revise the required training for hearing officers, prohibit a service agency from being represented by an attorney at an informal meeting, mediation, or administrative hearing unless the claimant is also represented by an attorney, require a service agency to submit a compliance report to the State Department of Developmental Services if the fair hearing decision is wholly or partially in favor of the complainant, establish a procedure for
requesting a rehearing, and provide for the collection and reporting of data related to fair hearings.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4512 of the Welfare and Institutions Code is amended to read:4512.
As used in this division:(a) (1) “Developmental disability” means a disability that originates before an individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for that individual. As defined by the Director of Developmental Services, in consultation with the Superintendent of Public Instruction, this term shall include intellectual disability, cerebral palsy, epilepsy, and autism. This term shall also include disabling conditions found to be closely related to intellectual disability or to require treatment similar to that required for individuals with an intellectual disability, but shall not include other
handicapping conditions that are solely physical in nature.
(2) (A) If a child who is three or four years of age is not otherwise eligible for regional center services pursuant to paragraph (1), the child shall be provisionally eligible for regional center services if the child has a disability that is not solely physical in nature and has significant functional limitations in at least two of the following areas of major life activity, as determined by a regional center and as appropriate to the age of the child:
(i) Self-care.
(ii) Receptive and expressive language.
(iii) Learning.
(iv) Mobility.
(v) Self-direction.
(B) To be provisionally eligible, a child is not required to have one of the developmental disabilities listed in paragraph (1).
(3) An infant or toddler eligible for early intervention services from the regional center pursuant to Section 95014 of the Government Code shall be assessed by the regional center at least 90 days prior to the date that they turn three years of age for purposes of determining their ongoing eligibility for regional center services. That assessment initially shall determine if the child has a developmental disability under paragraph (1). If the regional center determines that the child does not have a developmental disability as defined in paragraph
(1), the regional center shall determine if the child is provisionally eligible for regional center services on the basis of paragraph (2). If the regional center determines the child is not provisionally eligible, the regional center shall give adequate notice pursuant to Section 4701.
(4) A child who is provisionally eligible pursuant to paragraph (2) shall be reassessed at least 90 days before turning five years of age. The child shall meet the definition set forth in paragraph (1) to continue to be eligible for regional center services at five years of age.
(5) Regional center services for a child who was provisionally eligible pursuant to paragraph (2) and who does not meet the definition in paragraph (1) shall end when the child is five years of age unless an appeal was
filed pursuant to Section 4715.
(b) “Services and supports for persons with developmental disabilities” means specialized services and supports or special adaptations of generic services and supports directed toward the alleviation of a developmental disability or toward the social, personal, physical, or economic habilitation or rehabilitation of an individual with a developmental disability, or toward the achievement and maintenance of an independent, productive, and normal life. The determination of which services and supports are necessary for each consumer shall be made through the individual program plan process. The determination shall be made on the basis of the needs and preferences of the consumer or, when appropriate, the consumer’s family, and shall include consideration of a range of service options proposed by individual program
plan participants, the effectiveness of each option in meeting the goals stated in the individual program plan, and the cost-effectiveness of each option. Services and supports listed in the individual program plan may include, but are not limited to, diagnosis, evaluation, treatment, personal care, daycare, domiciliary care, special living arrangements, physical, occupational, and speech therapy, training, education, supported and sheltered employment, mental health services, recreation, counseling of the individual with a developmental disability and of the individual’s family, protective and other social and sociolegal services, information and referral services, follow-along services, adaptive equipment and supplies, advocacy assistance, including self-advocacy training, facilitation and peer advocates, assessment, assistance in locating a home, childcare, behavior training and behavior
modification programs, camping, community integration services, community support, daily living skills training, emergency and crisis intervention, facilitating circles of support, habilitation, homemaker services, infant stimulation programs, paid roommates, paid neighbors, respite, short-term out-of-home care, social skills training, specialized medical and dental care, telehealth services and supports, as described in Section 2290.5 of the Business and Professions Code, supported living arrangements, technical and
financial assistance, travel training, training for parents of children with developmental disabilities, training for parents with developmental disabilities, vouchers, and transportation services necessary to ensure delivery of services to persons with developmental disabilities. This subdivision does not expand or authorize a new or different service or support for any consumer unless that service or support is contained in the consumer’s individual program plan.
(c) Notwithstanding subdivisions (a) and (b), for any organization or agency receiving federal financial participation under the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, Chapter 144 (commencing with Section 15001) of Title 42 of the United States Code, as amended, “developmental disability” and “services for persons with developmental
disabilities” mean the terms as defined in the federal act to the extent required by federal law.
(d) “Consumer” means a person who has a disability that meets the definition of developmental disability set forth in subdivision (a).
(e) “Natural supports” means personal associations and relationships typically developed in the community that enhance the quality and security of life for people, including, but not limited to, family relationships, friendships reflecting the diversity of the neighborhood and the community, associations with fellow students or employees in regular classrooms and workplaces, and associations developed through participation in clubs, organizations, and other civic activities.
(f) “Circle
of support” means a committed group of community members, who may include family members, meeting regularly with an individual with developmental disabilities in order to share experiences, promote autonomy and community involvement, and assist the individual in establishing and maintaining natural supports. A circle of support generally includes a plurality of members who neither provide nor receive services or supports for persons with developmental disabilities and who do not receive payment for participation in the circle of support.
(g) “Facilitation” means the use of modified or adapted materials, special instructions, equipment, or personal assistance by an individual, such as assistance with communications, that will enable a consumer to understand and participate to the maximum extent possible in the decisions and choices that affect
the individual’s life.
(h) “Family support services” means services and supports that are provided to a child with developmental disabilities or the child’s family and that contribute to the ability of the family to reside together.
(i) “Voucher” means any authorized alternative form of service delivery in which the consumer or family member is provided with a payment, coupon, chit, or other form of authorization that enables the consumer or family member to choose a particular service provider.
(j) “Planning team” means the individual with developmental disabilities, the parents or legally appointed guardian of a minor consumer or the legally appointed conservator of an adult consumer, the
authorized representative, including those appointed pursuant to subdivision (a) of Section 4541, one or more regional center representatives, including the designated regional center service coordinator pursuant to subdivision (b) of Section 4640.7 and at least one regional center representative authorized to make decisions on behalf of the regional center regarding services in the individual program plan, any individual, including a service provider, invited by the consumer, the parents or legally appointed guardian of a minor consumer or the legally appointed conservator of an adult consumer, or the authorized representative, including those appointed pursuant to subdivision (a) of Section 4541, and including a minor’s, dependent’s, or ward’s court-appointed developmental services decisionmaker appointed pursuant to Section 319, 361, or 726.
(k) “Stakeholder organizations” means statewide organizations representing the interests of consumers, family members, service providers, and statewide advocacy organizations.
(l) (1) “Substantial disability” means the existence of significant functional limitations in three or more of the following areas of major life activity, as determined by a regional center, and as appropriate to the age of the person:
(A) Self-care.
(B) Receptive and expressive language.
(C) Learning.
(D) Mobility.
(E) Self-direction.
(F) Capacity for independent living.
(G) Economic self-sufficiency.
(2) A reassessment of substantial disability for purposes of continuing eligibility shall utilize the same criteria under which
the individual was originally made eligible.
(m) “Native language” means the language normally used or the preferred language identified by the individual and, when appropriate, the individual’s parent, legal guardian or conservator, or authorized representative.
(n) “Authorized representative” means an individual appointed by the State Council on Developmental Disabilities pursuant to subdivision (a) of Section 4541 or who is an authorized representative, as defined in Section 4701.6.
SEC. 2.
Section 4646 of the Welfare and Institutions Code is amended to read:4646.
(a) It is the intent of the Legislature to ensure that the individual program plan and provision of services and supports by the regional center system is centered on the individual and the family of the individual with developmental disabilities and takes into account the needs and preferences of the individual and the family, if appropriate, as well as promoting community integration, independent, productive, and normal lives, and stable and healthy environments. It is the further intent of the Legislature to ensure that the provision of services to consumers and their families be effective in meeting the goals stated in the individual program plan, reflect the preferences and choices of the consumer, and reflect the cost-effective use of public resources.(b) The individual program plan is developed through a process of individualized needs determination. The individual with developmental disabilities and, if appropriate, the individual’s parents, legal guardian or conservator, or authorized representative, shall have the opportunity to actively participate in the development of the plan.
(c) An individual program plan shall be developed for any person who, following intake and assessment, is found to be eligible for regional center services. These plans shall be completed within 60 days of the completion of the assessment. At the time of intake, the regional center shall inform the consumer and, when appropriate, the consumer’s parents, legal guardian or conservator, or authorized representative, of the
services available through the state council and the protection and advocacy agency designated by the Governor pursuant to federal law, and shall provide the address and telephone numbers of those agencies.
(d) Individual program plans shall be prepared jointly by the planning team. All decisions concerning the consumer’s goals, objectives, and services and supports that will be included in the consumer’s individual program plan and purchased by the regional center or obtained from generic agencies shall be made by agreement between the regional center representative and the consumer or, when appropriate, the parents, legal guardian, conservator, or authorized representative at the program plan meeting. Changes to individual program plans concerning the consumer’s goals, objectives, and services and supports that will be included in the
consumer’s individual program plan pursuant to this section, shall be made in program plan meetings with the real-time participation of the consumer or, when appropriate, their parents, legal guardian, conservator, or authorized representative, except as provided in this subdivision. The individual program plan may only be revised without a meeting of the planning team if all of the following are true:
(1) The consumer, or, when appropriate, their parents, legal guardian, conservator, or authorized representative, requests or agrees not to convene a program plan meeting for the purpose of making the changes and requests or agrees to revise the current individual program plan through a written revision only.
(2) The regional center provides the consumer, or, when appropriate,
their parents, legal guardian, conservator, or authorized representative, with a written proposal to revise the individual program plan.
(3) The consumer, or, when appropriate, their parents, legal guardian, conservator, or authorized representative consents in
writing to the proposed revision.
(4) Within 15 days of the regional center’s receipt of the written consent described in paragraph (3), a complete copy of the revised individual program plan incorporating the written revisions shall be provided to the consumer, or, when appropriate, their parents, legal guardian, conservator, or authorized representative.
(e) Regional centers shall comply with the request of a consumer or, when appropriate, the request of the consumer’s parents, legal guardian, conservator, or authorized representative, that a designated representative receive written notice of all meetings to develop or revise the individual program plan and of all notices sent to the consumer pursuant to Section 4710. The designated representative may be a
parent or family member.
(f) Notwithstanding any other law, until June 30, 2022, a meeting regarding the provision of services and supports by the regional center, including a meeting to develop or revise the individual program plan, shall be held by remote electronic communications if requested by the consumer or, if appropriate, if requested by the consumer’s parents, legal guardian, conservator, or authorized representative.
(g) At the conclusion of an individual program plan meeting, an authorized representative of the regional center shall provide to the consumer, in written or electronic format, a list of the agreed-upon services and supports, and, if known, the projected start date, the frequency and duration of the services and supports, and the provider. The authorized
representative of the regional center shall sign the list of agreed-upon services and supports at that time. The consumer, or when appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative shall sign the list of agreed-upon services and supports prior to its implementation. The consumer, or when appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative, may elect to delay receipt of the list of agreed-upon services and supports pending final agreement, as described in subdivision (h). If the consumer, or when appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative, elects to delay the receipt of the list of agreed-upon services and supports for 15 days, the list shall be provided in the native language of the consumer, or the consumer’s parent, legal guardian, or authorized
representative.
(h) If a final agreement regarding the services and supports to be provided to the consumer cannot be reached at a program plan meeting, then a subsequent program plan meeting shall be convened within 15 days, or later at the request of the consumer or, when appropriate, the parents, legal guardian, conservator, or authorized representative or when agreed to by the planning team. If a final agreement cannot be reached due to the regional center’s need for further consideration, the regional center representative shall, within three days after the conclusion of the program plan meeting, provide a plain language explanation, in a written or electronic format, of the remaining issues to be determined or information to be gathered, the process for making the needed determination or gathering the needed information, and
proposed dates and times for the next meeting. The list of the agreed-upon services and supports described in subdivision (g) and signed by the authorized representative of the regional center shall be provided, in writing or electronically, at the conclusion of the subsequent program plan meeting, and shall be provided in the native language of the consumer, or the consumer’s parent, legal guardian, conservator, or authorized representative. Additional program plan meetings may be held with the agreement of the regional center representative and the consumer or, when appropriate, the parents, legal guardian, conservator, or authorized representative.
(i) An authorized representative of the regional center and the consumer or, when appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative shall sign the individual
program plan and the list of the agreed-upon services and supports prior to its implementation. If the consumer or, when appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative, does not agree with all components of the individual program plan, the consumer may indicate that disagreement on the plan. Disagreement with specific plan components shall not prohibit the implementation of services and supports agreed to by the consumer or, when appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative. If the consumer or, when appropriate, the consumer’s parent, legal guardian, conservator, or authorized representative, does not agree with the plan in whole or in part, the consumer shall be sent written notice of the fair hearing rights, as required by Section 4701.
(j) (1) A regional center shall communicate in the consumer’s native language, or, when appropriate, the native language of the consumer’s family, legal guardian, conservator, or authorized representative, during the planning process for the individual program plan, including during the program plan meeting, and including providing alternative communication services, as required by Sections 11135 to 11139.8, inclusive, of the Government Code and implementing regulations.
(2) A regional center shall provide alternative communication services, including providing copies of the list of services and supports, and the individual program plan in the native language of the consumer or the consumer’s family, legal guardian, conservator, or authorized representative, or both, as required by Sections 11135 to
11139.8, inclusive, of the Government Code and implementing regulations.
(3) The native language of the consumer or the consumer’s family, legal guardian, conservator, or authorized representative, or both, shall be documented in the individual program plan.
SEC. 3.
Section 4646.4 of the Welfare and Institutions Code is amended to read:4646.4.
(a) Regional centers shall ensure, at the time of development, scheduled review, or modification of a consumer’s individual program plan developed pursuant to Sections 4646 and 4646.5, or of an individualized family service plan pursuant to Section 95020 of the Government Code, the establishment of an internal process. This internal process shall ensure adherence with federal and state law and regulation, and when purchasing services and supports, shall ensure all of the following:(1) Conformance with the regional center’s purchase of service policies, as approved by the department pursuant to subdivision (d) of Section 4434.
(2) Utilization of generic services and supports when appropriate. The individualized family service planning team for infants and toddlers eligible under Section 95014 of the Government Code may determine that a medical service identified in the individualized family service plan is not available through the family’s private health insurance policy or health care service plan and therefore, in compliance with the timely provision of service requirements contained in Part 303 (commencing with Section 303.1) of Title 34 of the Code of Federal Regulations, will be funded by the regional center.
(3) Utilization of other services and sources of funding as contained in Section 4659.
(4) Consideration of the family’s responsibility for providing similar services and
supports for a minor child without disabilities in identifying the consumer’s service and support needs as provided in the least restrictive and most appropriate setting. In this determination, regional centers shall take into account the consumer’s need for extraordinary care, services, supports and supervision, and the need for timely access to this care.
(b) At the time of development, scheduled review, or modification of a consumer’s individual program plan developed pursuant to Sections 4646 and 4646.5, or of an individualized family service plan pursuant to Section 95020 of the Government Code, the consumer, or, where appropriate, the parents, legal guardian, or conservator, shall provide copies of their health benefit cards under which the consumer is eligible to receive health benefits, including, but not limited to, private health
insurance, a health care service plan, Medi-Cal, Medicare, and TRICARE. If the individual, or, where appropriate, the parents, legal guardians, or conservators, have no such benefits, the regional center shall not use that fact to negatively impact the services that the individual may or may not receive from the regional center.
(c) Final decisions regarding the consumer’s individual program plan shall be made pursuant to Section 4646.
(d) Final decisions regarding the individualized family service plan shall be made pursuant to Section 95020 of the Government Code.
(e) The consumer, or, where appropriate, their parents, legal guardian, or conservator, upon their request, shall be allowed to attend any meeting held
as part of an internal process established pursuant to subdivision (a). At least seven days prior to the convening of any meeting held as part of this internal process, the regional center shall provide the consumer, or, where appropriate, the parents, legal guardian, or conservator, with written notice of the scheduled meeting.
SEC. 4.
Section 4646.5 of the Welfare and Institutions Code is amended to read:4646.5.
(a) The planning process for the individual program plan described in Section 4646 shall include all of the following:(1) Gathering information and conducting assessments to determine the life goals, capabilities and strengths, preferences, barriers, and concerns or problems of the person with developmental disabilities. For children with developmental disabilities, this process should include a review of the strengths, preferences, and needs of the child and the family unit as a whole. Assessments shall be conducted by qualified individuals and performed in natural environments whenever possible. Information shall be taken from the consumer, the consumer’s parents and other family
members, the consumer’s friends, advocates, authorized representative, if applicable, providers of services and supports, and other agencies. The assessment process shall reflect awareness of, and sensitivity to, the lifestyle and cultural background of the consumer and the family.
(2) A statement of goals, based on the needs, preferences, and life choices of the individual with developmental disabilities, and a statement of specific, time-limited objectives for implementing the person’s goals and addressing the person’s needs. These objectives shall be stated in terms that allow measurement of progress or monitoring of service delivery. These goals and objectives should maximize opportunities for the consumer to develop relationships, be part of community life in the areas of community participation, housing, work, school, and leisure, increase
control over the consumer’s life, acquire increasingly positive roles in community life, and develop competencies to help accomplish these goals.
(3) In developing individual program plans for children, regional centers shall be guided by the principles, process, and services and support parameters set forth in Section 4685.
(4) In developing an individual program plan for a transition age youth or working age adult, the planning team shall consider the Employment First Policy described in Chapter 14 (commencing with Section 4868).
(5) A schedule of the type and amount of services and supports to be purchased by the regional center or obtained from generic agencies or other resources in order to achieve the individual program
plan goals and objectives, and identification of the provider or providers of service responsible for attaining each objective, including, but not limited to, vendors, contracted providers, generic service agencies, and natural supports. The
individual program plan shall specify the approximate scheduled start date for services and supports and shall contain timelines for actions necessary to begin services and supports, including generic services. In addition to the requirements of subdivision (h) of Section 4646, each regional center shall offer, and upon request provide, a written copy of the individual program plan to the consumer, and, if appropriate, the consumer’s parents, legal guardian or conservator, or authorized representative within 45 days of their request in a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations.
(6) If agreed to by the consumer, the parents, legally appointed guardian, or authorized representative of a minor consumer, or the legally appointed
conservator of an adult consumer or the authorized representative, including those appointed pursuant to subdivision (a) of Section 4541, subdivision (b) of Section 4701.6, and subdivision (e) of Section 4705, a review of the general health status of the adult or child, including medical, dental, and mental health needs, shall be conducted. This review shall include a discussion of current medications, any observed side effects, and the date of the last review of the medication. Service providers shall cooperate with the planning team to provide any information necessary to complete the health status review. If any concerns are noted during the review, referrals shall be made to regional center clinicians or to the consumer’s physician, as appropriate. Documentation of health status and referrals shall be made in the consumer’s record by the service coordinator.
(7) (A) The development of a transportation access plan for a consumer when all of the following conditions are met:
(i) The regional center is purchasing private, specialized transportation services or services from a residential, day, or other provider, excluding vouchered service providers, to transport the consumer to and from day or work services.
(ii) The planning team has determined that a consumer’s community integration and participation could be safe and enhanced through the use of public transportation services.
(iii) The planning team has determined that generic transportation services are available and accessible.
(B) To maximize independence and community integration and participation, the transportation access plan shall identify the services and supports necessary to assist the consumer in accessing public transportation and shall comply with Section 4648.35. These services and supports may include, but are not limited to, mobility training services and the use of transportation aides. Regional centers are encouraged to coordinate with local public transportation agencies.
(8) A schedule of regular periodic review and reevaluation to ascertain that planned services have been provided, that objectives have been fulfilled within the times specified, and that consumers and families are satisfied with the individual program plan and its implementation.
(b) For all active
cases, individual program plans shall be reviewed and modified by the planning team, through the process described in Section 4646, as necessary, in response to the person’s achievement or changing needs, and no less often than once every three years. If the consumer or, if appropriate, the consumer’s parents, legal guardian, authorized representative, or conservator requests an individual program plan review, the individual program plan shall be reviewed at a program planning meeting within 30 days after the request is submitted, or no later than 7 days after the request is submitted if necessary for the consumer’s health and safety or to maintain the consumer in their home. The regional center shall respond within 15 days to any requests for new or modified services and supports made by the consumer or, if appropriate, the consumer’s parents, legal guardian, authorized representative, or conservator,
at the program planning meeting.
(c) (1) The department, with the participation of representatives of a statewide consumer organization, the Association of Regional Center Agencies, an organized labor organization representing service coordination staff, and the state council shall prepare training material and a standard format and instructions for the preparation of individual program plans, which embody an approach centered on the person and family.
(2) Each regional center shall use the training materials and format prepared by the department pursuant to paragraph (1).
(3) The department shall biennially review a random sample of individual program plans at each regional center to ensure that
these plans are being developed and modified in compliance with Section 4646 and this section.
SEC. 5.
Section 4701 of the Welfare and Institutions Code is amended to read:4701.
“Adequate notice” means a written notice, in plain language, informing the applicant, recipient, and authorized representative of at least all of the following:(a) The action that the service agency proposes to take, including a statement of the basic facts upon which the service agency is relying.
(b) The reason or reasons for that action.
(c) The effective date of that action.
(d) The specific provisions of law, regulation, or policy supporting the action.
(e) The responsible state agency with whom a state appeal may be filed, including the address of the state agency director.
(f) That if a fair hearing is requested, the claimant has the following rights:
(1) The opportunity to be present in all proceedings and to present written and oral evidence.
(2) The opportunity to confront and cross-examine witnesses.
(3) The right to appear in person with counsel or other representatives of their own choosing.
(4) The right to access to records pursuant to Article 5 (commencing with Section 4725).
(5) The right to an interpreter.
(6) The right to an expedited hearing when the claimant is at imminent risk of a more restrictive placement, or the health and safety of the claimant is in jeopardy.
(7) The right to disqualify a hearing officer, with or without cause, pursuant to Section 4712.
(g) Information on availability of advocacy assistance, including referral to the developmental center or regional center clients’ rights advocate, the State Council on Developmental Disabilities, publicly funded legal services corporations, and other publicly or privately funded advocacy organizations, including the protection and advocacy system required under federal Public Law 95-602, the Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C.A. Sec. 6000 et seq.).
(h) The fair hearing procedure, including deadlines, access to service agency records under Article 5 (commencing with Section 4725), and the opportunity to request an informal meeting to resolve the issue or issues, and the opportunity to request mediation which shall be mandatory for the claimant and the service agency, if requested by the claimant. If mediation is requested by the service agency, the claimant may, but is not required, to participate in mediation.
(i) If the claimant has requested an informal meeting, information
that it shall be held within 10 days of the date the hearing request form is received by the service agency.
(j) The option of requesting mediation prior to a fair hearing, as provided in Section 4711.5. This section shall not preclude the claimant or their authorized representative from proceeding directly to a fair hearing in the event that mediation is unsuccessful.
(k) 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 service agency, unless the fair hearing request has been withdrawn or the time period has been extended in accordance with this chapter.
(l) Prior to a voluntary informal meeting, voluntary
mediation or a fair hearing, the claimant or their authorized representative shall have the right to examine any or all documents contained in the individual’s service agency file. Access to records shall be provided pursuant to Article 5 (commencing with Section 4725).
(m) An explanation that a request for mediation may constitute a waiver of the rights of a medicaid home and community-based waiver participant to receive a fair hearing decision within 90 days of the date the hearing request form is received by the service agency, as specified in subdivision (c) of Section 4711.5.
(n) That if a request for a fair hearing by a recipient is postmarked or received by a service agency no later than 10 days after receipt of the notice of the proposed action mailed pursuant to
subdivision (a) of Section 4710, current services shall continue as provided in Section 4715. The notice shall be in clear, nontechnical English. If the claimant or authorized representative does not comprehend English, the notice shall be provided in any other language as the claimant or authorized representative comprehends.
(o) A statement indicating whether the recipient is a participant in the home and community-based services waiver.
SEC. 6.
Section 4706 of the Welfare and Institutions Code is amended to read:4706.
(a) Except as provided in subdivision (b) and (c) 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, provided under the medicaid home- and community-services waiver granted 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.
(c) Any applicant for, or recipient of, services, or an authorized representative of the applicant or recipient, whose claims or disputes are subject to the adequate notice provisions set forth in Section 4710 shall proceed via the fair hearing procedure established in Article 3 (commencing with Section 4710), but shall not be required to proceed via a fair hearing if the dispute concerns a violation of a civil right under the United States Constitution, the California Constitution, the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.), the federal Fair Housing Act (42 U.S.C. 3601 et seq.), any other state or federal laws protecting the rights of people with disabilities, or an intentional tort or a demand for money damages pursuant to statute. An applicant for, or recipient
of, services, or an authorized representative of the applicant or recipient, with disputes outside of the scope of Section 4710 may, in their discretion, request a fair hearing, though one is not required.
A service agency shall not hire, retain, or employ an attorney to appear at an informal meeting, mediation, or administrative hearing described in this chapter, unless the claimant is also represented by an attorney who appears on their behalf at an informal meeting, mediation, or administrative hearing.
SEC. 8.SEC. 7.
Section 4710.5 of the Welfare and Institutions Code is amended to read:4710.5.
(a) Any applicant for or recipient of services, or authorized representative of the applicant or recipient, who is dissatisfied with any decision or action of the service agency regarding services to be provided under this division shall, upon filing a request within 90 days after notification of the decision or action complained of, be afforded an opportunity for a fair hearing. The opportunity to request a voluntary informal meeting and an opportunity for mediation shall also be offered at this time.(b) The request for a fair hearing and for mediation, or for a voluntary informal meeting, or any combination thereof, shall be stated in
writing on a hearing request form provided by the service agency.
(c) If any person makes a request for mediation or a fair hearing other than on the hearing forms, the employee of the service agency who hears or receives the request shall provide the person with a hearing request form 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 hearing request form shall be directed to the director of the service agency responsible for the action complained of under subdivision (a). The service agency director shall simultaneously transmit an electronic copy of the hearing request form to the Director of Developmental Services and the Director
of Social Services, or their respective designees, within five working days of the service agency director’s receipt of the request. The State Department of Developmental Services shall keep a file of all hearing request forms.
SEC. 9.SEC. 8.
Section 4711.5 of the Welfare and Institutions Code is amended to read:4711.5.
(a) (1) If the claimant requests mediation, the service agency shall immediately send notice of the mediation request to the Director of Social Services.(2) Within five calendar days after the receipt of the notice of the mediation request, the Director of Social Services, or their designee, shall notify the claimant, their authorized representative, and the service agency of the information applicable to mediation specified in Section 4711. The mediation shall be held within 30 days of the date the hearing request form is received by the service agency, unless a continuance is granted to the claimant at the discretion of the
mediator.
(3) A continuance granted pursuant to paragraph (2) shall constitute a waiver of medicaid home and community-based services of the participant’s right to a decision within 90 days of the date the hearing request form is received by the service agency. The extension of time for the final decision resulting from the continuance shall only be as long as the time period of the continuance.
(4) The service agency shall prepare a mediation statement and make it available to the claimant and mediator at least five calendar days prior to the mediation. The mediation statement shall explain the facts of the case, the justification for the service agency’s action, possible resolutions to the dispute, and any other information or documents that may help resolve the
dispute.
(b) Mediation shall be conducted in an informal, nonadversarial manner, and shall incorporate the rights of the claimant contained in paragraphs (1), (3), (4), and (5) of subdivision (f) of Section 4701.
(c) The State Department of Social Services shall contract with the mediators that meet the following requirements:
(1) Familiarity with the provisions of this division and implementing regulations, 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 consumers.
(d) 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.
(e) The mediator shall voluntarily disqualify themselves and withdraw from any case in which they cannot be fair and impartial. Any party may request the disqualification of the mediator by
submitting a written statement, prior to the voluntary mediation, stating with particularity the grounds upon which it is claimed that a fair and impartial mediation cannot be accorded. The issue shall be decided by the mediator.
(f)The service agency or their authorized representative may withdraw from the mediation and proceed to a fair hearing after the conclusion of the first mediation session. The claimant or their authorized representative may withdraw at any time from the mediation and proceed to a fair hearing.
(f) Either the service
agency or the claimant or their representative may withdraw from the mediation at any time after the conclusion of the first mediation session and proceed to a fair hearing.
SEC. 10.SEC. 9.
Section 4712 of the Welfare and Institutions Code is amended to read:4712.
(a) The fair hearing shall be held within 50 days of the date the hearing request form is received by the service agency, unless a continuance has been granted to the claimant. A claimant’s first request for a continuance made prior to the fair hearing shall be granted without a showing of good cause. A claimant may request additional continuances based upon a showing of good cause. The service agency may also request a continuance based upon a showing of good cause, provided that the granting of the continuance does not extend the time period for rendering an administrative decision beyond the period provided for in this chapter. For purposes of this section, good cause includes, but is not limited to, the following circumstances:(1) Death of a spouse, parent, child, brother, sister, grandparent of the claimant or authorized representative, or legal guardian or conservator of the claimant.
(2) Personal illness or injury of the claimant or authorized representative.
(3) Sudden and unexpected emergencies, including, but not limited to, court appearances of the claimant or authorized representative, conflicting schedules of the authorized representative if the conflict is beyond the control of the authorized representative.
(4) Unavailability of a witness or evidence, the absence of which would result in serious prejudice to the claimant.
(5) An intervening request by the claimant or the claimant’s authorized representative for mediation.
(b) (1) A claimant may request an expedited hearing when the claimant is at imminent risk of a more restrictive placement, or the health and safety of the claimant is in jeopardy. The need for an expedited hearing shall be stated in the hearing request described in Section 4710.5.
(2) (A) Within three business days of receiving the request, the Director of Social Services, or their designee, shall determine whether an expedited hearing shall be granted.
(B) Notwithstanding the hearing timelines specified in this chapter, if the request for an expedited hearing is granted,
the Director of Social Services, or their designee, shall ensure that the case is calendared on an expedited basis, and shall give the claimant, their authorized representative, and the service agency 10 calendar days’ advance notice of the time and date of the hearing. Expedited hearings shall take place no later than 21 calendar days after being granted, and the hearing officer shall issue a proposed written decision pursuant to Section 4712.5 within five working days from the date the record is closed.
(C) If the request for an expedited hearing is denied, the hearing shall be scheduled in accordance with the hearing timelines specified in this chapter.
(c) (1) Notwithstanding Sections 19130, 19131, and 19132 of the Government Code, the department
shall contract with the State Department of Social Services for the provision of independent hearing officers. Hearing officers shall have had at least two years of full-time legal training at a California or American Bar Association accredited law school or the equivalent in training and experience as established by regulations to be adopted by the department pursuant to Section 4705.
(2) The hearing officers shall receive training in the law and regulations governing services to intellectually and developmentally disabled individuals, administrative hearings, and best practices associated with those services and the principles underlying those best practices. It is the intent of the Legislature that the training be informed by the perspectives of both the department and people with intellectual and developmental disabilities of diverse
backgrounds who receive services pursuant to this division. Training shall include, but not be limited to, the Lanterman Developmental Disabilities Services Act and regulations adopted thereunder, related written directives and guidance issued by the department, relevant case law, and information about services and supports available to persons with developmental disabilities, including innovative services and supports, best practices within those services, and the principles underlying those practices, including, but not limited to, the social model of disability, person-centered planning and practices, and self-determination activities, as defined in Section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002). Training shall also include, but not be limited to, the standard agreement contract between the department and regional centers and regional
center purchase-of-service policies, and information and training on protecting the rights of consumers at administrative hearings, with emphasis on assisting, where appropriate, those consumers represented by themselves or an advocate inexperienced in administrative hearings in fully developing the administrative record. Training shall also address the data relating to the purchase of service authorization, utilization, and expenditure by each regional center compiled pursuant to Section 4519.5, including, but not limited to, the legislative history and analysis giving rise to the addition of Section 4519.5 and its requirements regarding data collection, reporting, stakeholder engagement, and grant funding to promote equity, and reduce disparities, in the purchase of services.
(3) The State Department of Developmental Services shall
collaborate with the State Council on Developmental Disabilities, the protection and advocacy agency designated by the Governor in this state to fulfill the requirements and assurances of the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, contained in Chapter 144 (commencing with Section 15001) of Title 42 of the United States Code, the Association of Regional Center Agencies, other state agencies or organizations, and a group of consumers and family members designated by the State Council on Developmental Disabilities and the protection and advocacy agency in the development of standardized hearing procedures for hearing officers and training materials and the implementation of training procedures. The group of consumers and family members described in this paragraph shall be comprised of six members, and at least half of the members shall be consumers. The department,
the State Council on Developmental Disabilities, the protection and advocacy agency, the Association of Regional Center Agencies, other state agencies or organizations, and the consumer and family member group described in this paragraph shall jointly provide formal training for hearing officers on at least an annual basis.
(A) The topics and format for each training shall be determined jointly by the State Department of Developmental Services and the protection and advocacy agency, in consultation with the agencies, organization, and groups described in this paragraph. The training topics for a hearing officer’s initial training shall include those topics identified in paragraph (2). The annual training topics shall include, but not be limited to, all major changes to the Lanterman Act enacted in the prior fiscal year and related regulations
and directives, with training regarding purchase of service data and disparities taking place at least semiannually.
(B) The training materials shall be jointly developed and presented by the State Department of Developmental Services. Training presenters shall include consumers and family members, including those from ethnically and racially diverse backgrounds.
(C) (i) Within 60 calendar days of the end of each fiscal year, the State Department of Developmental Services shall post on its internet website and submit to both the Legislature and the advisory committee described in subdivision (q) a summary of all training provided pursuant to this subdivision during the most recently concluded fiscal year. The summary shall include a list of the agencies,
organizations, and groups, including the consumer and family member group described in this paragraph, who participated in developing the training, a list of training topics and presenters, the dates and times of the trainings, and descriptions of all training materials.
(ii) A report to be submitted to the Legislature pursuant to this subparagraph shall be submitted in compliance with Section 9795 of the Government Code.
(d) The hearing officer shall not be an employee, agent, board member, or contractor of the service agency against whose action the appeal has been filed, or a spouse, parent, child, brother, sister, grandparent, legal guardian, or conservator of the claimant, or any person who has a direct financial interest in the outcome of the fair hearing, or any other
interest which would preclude a fair and impartial hearing.
(e) (1) The service agency shall prepare a position statement and make it available to the claimant at least five calendar days prior to the hearing. The position statement shall summarize the facts of the case and set forth the justification for the service agency’s action. The service agency shall include as attachments to the position statement copies of documentary evidence and a list of witnesses that the service agency intends to use during the hearing, including the general subject of the testimony of each witness. The documents shall be itemized on the last page of the position statement and attached as exhibits. The hearing officer shall prohibit testimony of a witness, the introduction of documents, or arguments in support of the service agency’s
action that are not timely disclosed by the service agency in its position statement, unless the service agency demonstrates good cause for the late disclosure.
(2) If the service agency does not make the position statement available not less than five calendar days before the hearing, the hearing shall be postponed upon the request of the claimant.
(f) (1) The fair hearing shall be held at a time and place reasonably convenient to the claimant and the authorized representative. The claimant or the authorized representative of the claimant and the regional center shall agree on the location of the fair hearing.
(2) A location pursuant to paragraph (1) may include an agreement to conduct the
hearing by telephone, videoconference, or other electronic means.
(g) Merits of a pending fair hearing shall not be discussed between the hearing officer and a party outside the presence of the other party.
(h) (1) A party is entitled to one peremptory challenge, without cause, of a hearing officer assigned to the hearing, provided that the request is made prior to commencement of the hearing. The request shall be directed to the presiding hearing officer, or another designated hearing officer, who is not assigned to the hearing. The request shall be served upon the other party if made in writing.
(2) The hearing officer shall voluntarily disqualify themselves and withdraw from any case in
which the hearing officer cannot accord a fair and impartial hearing or consideration. Any party may request the disqualification of the hearing officer by
submitting a written statement, prior to the taking of evidence at a hearing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. The issue shall be decided by the presiding hearing officer who is not assigned to the hearing.
(i) Both parties to the fair hearing shall have the rights specified in subdivision (f) of Section 4701, except as provided in Section 4708 relating to attorney representation. 4701.
(j) (1) The hearing shall be conducted in an impartial and informal manner in order to encourage
free and open discussion by participants. The fair hearing need not be conducted according to the technical rules of evidence and those related to witnesses. Any relevant evidence shall be admitted. Both parties shall be allowed to submit documents into evidence at the beginning of the hearing.
(2) No party shall be required to formally authenticate any document unless the hearing officer determines the necessity to do so in the interest of justice. All testimony shall be under oath or affirmation which the hearing officer is empowered to administer.
(3) In all cases, regardless of whether or not the claimant has representation by an attorney or an experienced advocate, the hearing officer shall fully and fairly develop the record. When a claimant is representing themselves or
is represented by an advocate that does not have significant experience in administrative hearings, the hearing officer shall scrupulously and conscientiously probe into, inquire of, and explore, all relevant facts and be especially diligent in ensuring that favorable, as well as unfavorable facts, are elicited.
(k) A service agency shall present its witnesses and all other evidence before the claimant presents the claimant’s case unless the parties agree otherwise or the hearing officer determines that there exists good cause for a witness to be heard out of order. This section does not alter the burden of proof.
(l) A recording shall be made of the proceedings before the hearing officer. Any cost of recording shall be borne by the responsible state agency.
(m) The fair hearing shall be conducted in the English language. However, if the claimant, the claimant’s guardian or conservator, parent of a minor claimant, or authorized representative does not understand English, an interpreter shall be provided by the responsible state agency.
(n) The fair hearing shall be open to the public except at the request of the claimant or authorized representative or when personnel matters are being reviewed.
(o) The agency awarded the contract for independent hearing officers shall biennially conduct, or cause to be conducted, an evaluation of the hearing officers who conduct hearings under this part. The department shall approve the methodology used to conduct the evaluation.
Information and data for this evaluation shall be solicited from consumers who were claimants in an administrative hearing over the past two years, their family members or authorized representative if involved in the hearing, regional centers, and nonattorney advocates, attorneys who represented either party in an administrative hearing over the past two years, and the organizations identified in paragraph (3) of subdivision (c). Regional centers shall forward copies of administrative decisions reviewed by the superior court to the department. The areas of evaluation shall include, but not be limited to, the hearing officers’ demeanor toward parties and witnesses, conduct of the hearing in accord with fairness and standards of due process, ability to fairly develop the record in cases where consumers represent themselves or are represented by an advocate that does not have significant experience in
administrative hearings, use of legal authority, clarity of written decisions, and adherence to the requirements of subdivision (b) of Section 4712.5. The department shall be provided with a copy of the evaluation and shall use the evaluation in partial fulfillment of its evaluation of the contract for the provision of independent hearing officers. A summary of the data collected shall be made available to the public upon request, provided that the names of individual hearing officers and consumers shall not be disclosed.
(p) (1) The State Department of Developmental Services shall collect and maintain, or cause to be collected and maintained, the following information on each request for a fair hearing that is withdrawn:
(A) The race and ethnicity of the
claimant.
(B) The reason that the claim for a fair hearing was withdrawn, as reported by the claimant on a confidential basis to the
responsible state agency or its designee.
(2) The State Department of Developmental Services shall compile data on all withdrawals of requests for fair hearings, and provide this data to the department on an annual basis. The department shall make the data available to the public on an annual basis on its internet website, and the data shall be categorized by the regional center, the race or ethnicity of the claimants, and the reasons reported by the claimants for the withdrawal of their request for a fair hearing. The department shall use this information in partial fulfillment of its obligation to monitor regional centers and in its evaluation of the contract for the provision of independent hearing officers.
(q) (1) Commencing July 1, 2024, the
department shall contract with the State Department of Social Services for the provision of fair hearings in accordance with this chapter.
(2) The State Department of Social Services shall establish and maintain an advisory committee composed of consumers, family members of consumers, advocates for consumers and family members, attorneys for consumers and family members, a representative from the State Council on Developmental Disabilities, a representative from the protection and advocacy agency designated by the Governor to fulfill the requirements and assurances of the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 150001 et seq.), and representatives of, and attorneys for, regional centers, including a representative from the Association of Regional Center Agencies. The advisory committee
shall assist the State Department of Social Services by providing nonbinding recommendations for improvements to the fair hearing process.
(A) The State Department of Social Services shall establish the total number of members and the terms of appointment for the advisory committee in consultation with the State Department for Developmental Services, the Association of Regional Center Agencies, the State Council on Developmental Disabilities, the protection and advocacy agency, and other consumer advocacy organizations, family advocacy organizations, or both.
(B) A member interested in serving more than one term shall reapply at the end of that member’s term. A member shall not serve more than two consecutive terms.
(C) At least two members of the advisory committee shall be consumers and the majority of the advisory committee shall be a combination of consumers, family members of consumers, and advocates for consumers.
(D) The advisory committee members shall reflect, to a reasonable degree, the disability, ethnic, racial, socioeconomic, and geographic diversity of consumers served by regional centers.
(E) To serve as a member of the advisory committee, interested individuals shall first complete and return to the State Department of Social Services an application that includes a statement of interest during an announced application period. Selection of advisory committee members shall be at the discretion of the State Department of Social Services, but shall be based on the factors specified
in subparagraphs (C) and (D) and stated interest for serving on the advisory committee.
(F) The State Department of Social Services shall schedule a minimum of four meetings each fiscal year with the committee.
SEC. 11.SEC. 10.
Section 4712.5 of the Welfare and Institutions Code, as amended by Section 435 of Chapter 615 of the Statutes of 2021, is amended to
read:4712.5.
(a) Except as provided in subdivision (c), within 10 working days of the concluding day of the state hearing, but not later than 80 days following the date the hearing request form was received, the hearing officer shall render a proposed written decision and shall transmit the decision to each party and to the Director of Developmental Services.(b) The hearing officer’s proposed decision shall be in ordinary and concise language and shall contain a summary of the facts, a statement of the evidence from the proceedings that was relied upon, a decision on each of the issues presented, and an identification of the statutes, regulations, and policies supporting the decision. As part of the proposed decision, the hearing officer may grant the relief the officer determines is appropriate, including compensatory services or retroactive reimbursement, as an equitable remedy when a regional center fails to comply with the
requirements of this division.
(c) Where the proposed decision involves an issue arising from the federal home- and community-based service waiver program, the hearing officer’s decision shall be a proposed decision submitted to the Director of Health Care Services as the single state agency for the Medicaid program. Within 30 days following the date the hearing request form is postmarked or received, whichever is earlier, the director may adopt the decision as written or decide the matter on the record. If the Director of Health Care Services does not act on the proposed decision within 30 days, the decision shall be deemed to be adopted by the Director of Health Care Services. The final decision shall be immediately transmitted to each party, along with the notice described in subdivision (a). If the decision of the
Director of Health Care Services differs from the proposed decision of the hearing officer, a copy of that proposed decision shall also be served upon each party.
(d) After a hearing officer has held a hearing and issued a proposed decision, within 30 days after the Director of Developmental Services has received a copy of the proposed decision, the director may adopt the decision in its entirety; decide the matter on the record, including the transcript, with or without taking additional evidence; or order a further hearing to be conducted by the director, or another hearing officer on behalf of the director. Failure of the director to adopt the proposed decision, decide the matter themselves on the record, including the transcript, with or without taking additional evidence, or order a further hearing within the 30 days, shall be deemed an
affirmation of the proposed decision. If the director decides the matter, a copy of their decision shall be served on the service agency and claimant, and, if the decision differs materially from the proposed decision of the hearing officer, a copy of that proposed decision shall also be served on the service agency and claimant. If a further hearing is ordered, it shall be conducted in the same manner and within the same time limits specified for the original hearing.
(e) (1) The State Department of Developmental Services shall make available to the public on its internet website, or cause to be made available to the public on the State Department of Social Services’ internet website, both of the following:
(A) A downloadable, machine-readable file containing information
on all requests for fair hearings that are filed, categorized by the filing date, regional center, case identification number, whether the request was for an expedited hearing, issue raised in the case, date closed, outcome, case narrative, informal hearing date, informal hearing outcome, the claimant’s race and ethnicity, and, if applicable, the mediation date, and mediation outcome.
(B) Downloadable, machine-readable, redacted copies of all administrative hearing decisions issued under this chapter, which shall be easily searchable by regional center, case identification number, year of issuance, issue raised in the case, type of service or support that was the subject of the hearing, whether the hearing was held on an expedited basis, whether the claimant or service agency was represented by an attorney, whether the claimant or service
agency sought a peremptory challenge or disqualification of a hearing officer, case outcome, and the claimant’s race and ethnicity with an easily navigable internet search tool.
(2) The department shall use this information in partial fulfillment of its obligation to monitor regional centers and in its evaluation of the contract for the provision of independent hearing officers.
SEC. 12.SEC. 11.
Section 4712.6 is added to the Welfare and Institutions Code, to read:4712.6.
(a) Immediately upon receipt of a decision of the director, the service agency shall initiate action to comply with the decision.(1) The service agency shall comply with the decision even if a rehearing pursuant to Section 4712.8 is requested.
(2) The duty to comply continues if a request for rehearing pursuant to Section 4712.8 is granted.
(3) If a rehearing decision is issued, the service agency shall comply with that rehearing decision to the extent it differs from the original decision.
(b) If the decision of the director is wholly or partially in favor of the claimant, the service agency shall, within 30 days of receipt of the decision, submit a compliance report to the department. The compliance report shall set forth the specific manner in which the service agency has complied or is complying with the decision. Upon receipt of the compliance report, the department shall determine whether compliance has been appropriate.
(1) If the department determines that the compliance is appropriate, a notice shall be sent to the claimant and the service agency that the compliance has been approved.
(2) If the department determines that the compliance is not appropriate, a notice shall be sent to the service agency with a copy to the claimant, with
instructions regarding what steps must be taken to ensure proper compliance with the decision.
(c) The claimant may contact the department, orally or in writing, if the claimant is dissatisfied with the service agency’s compliance. Upon notification that the service agency has failed to comply with a decision, the department is authorized to take appropriate action to ensure compliance with the decision, including seeking injunctive relief in superior court, as appropriate.
(d) The claimant shall be permitted to request a new fair hearing concerning the claimant’s dissatisfaction with a service agency’s compliance with a fair hearing decision.
SEC. 13.SEC. 12.
Section 4712.8 is added to the Welfare and Institutions Code, to read:4712.8.
(a) Within 30 days after receiving the decision of the director, which is the proposed decision of a hearing officer adopted by the director as final, a final decision rendered by a hearing officer, or a decision issued by the director, the affected service agency or claimant may file a request with the director for a rehearing. The director shall immediately serve a copy of the request on the other party to the hearing and that other party may within five days of the service file with the director a written statement supporting or objecting to the request. The director shall grant or deny the request no later than the 35th working day after the request is made to ensure the prompt and efficient administration of the hearing process. If the director grants the request, the rehearing shall be conducted in the same manner and subject to the same time limits as the original hearing.(b) The grounds for requesting a rehearing are as follows:
(1) The adopted decision is inconsistent with the law.
(2) The adopted decision is not supported by the evidence in the record.
(3) The adopted decision is not supported by the findings.
(4) The adopted decision does not address all of the claims or issues raised by the parties.
(5) The adopted decision does not address all of the
claims or issues supported by the record or evidence.
(6) The adopted decision does not set forth sufficient information to determine the basis for its legal conclusion.
(7) Newly discovered evidence, that was not in custody or available to the party requesting rehearing at the time of the hearing, is now available and the new evidence, had it been introduced, could have changed the hearing decision.
(8) For any other reason necessary to prevent the abuse of discretion or an error of law, or for any other reason consistent with Section 1094.5 of the Code of Civil Procedure.
(c) The notice granting or denying the rehearing request shall explain the reasons
and legal basis for granting or denying the request for rehearing.
(d) The decision of the director, which is the proposed decision of a hearing officer adopted by the director as final, a final decision rendered by a hearing officer, or a decision issued by the director themselves, remains final pending a request for a rehearing. Only after a rehearing is granted is the decision no longer the final decision in the case.
(e) Notwithstanding any other law, a rehearing request or decision shall not be a prerequisite to filing an action under Section 4712.9.
(f) (1) Notwithstanding subdivision (a), a claimant otherwise may be entitled to a rehearing pursuant to this chapter if the claimant files a
request more than 30 days after the decision of the director is issued, or if the claimant did not receive a copy of the decision of the director, or if there is good cause for filing beyond the 30-day period. The director may determine whether good cause exists.
(2) For purposes of this subdivision, “good cause” means a substantial and compelling reason beyond the party’s control, considering the length of the delay, the diligence of the party making the request, and the potential prejudice to the other party. The inability of a person to understand an adequate and language-compliant notice, in and of itself, shall not constitute good cause. The department shall not grant a request for a rehearing for good cause if the request is filed more than 180 days after the order or action complained of.
SEC. 14.SEC. 13.
Section 4712.9 is added to the Welfare and Institutions Code, to read:4712.9.
(a) The service agency or claimant, within one year after receiving notice of the director’s final decision, may file a petition with the superior court, pursuant to Section 1094.5 of the Code of Civil Procedure, praying for a review of the entire proceedings in the matter, upon questions of law involved in the case. The review, if granted, shall be the exclusive remedy available to the service agency or claimant for review of the director’s decision. The director shall be the sole respondent in these proceedings. Immediately upon being served, the director shall serve a copy of the petition on the other party entitled to judicial review, and the party shall have the right to intervene in the proceedings.(b) A filing fee shall not be required for the filing of a petition pursuant to this section. Any such petition to the superior court shall be entitled to a preference in setting a date for hearing on the petition. A bond shall not be required in the case of a petition for review, nor in an appeal therefrom. The claimant shall be entitled to reasonable attorney’s fees and costs, if the claimant obtains a decision in the claimant’s favor.
(c) This section shall not be construed to restrict or limit the right of either party to pursue any other remedy available after receiving notice of the director’s final decision, including an affirmative lawsuit in state or federal court, having satisfied the fair hearing administrative exhaustion requirement.
SEC. 15.SEC. 14.
Section 4715 of the Welfare and Institutions Code is amended to read:4715.
(a) Except as otherwise provided in this section, if a request for a hearing is postmarked or received by the service agency no later than 10 days after receipt of the notice of the proposed action mailed pursuant to subdivision (a) of Section 4710, services that are being provided pursuant to a recipient’s individual program plan shall be continued during the appeal procedure up to and including the 10th day after receipt of any of the following:(1) Receipt by the service agency, following an informal meeting, of the withdrawal of the fair hearing request pursuant to Section 4710.9.
(2) Receipt by the service agency, following mediation, of the withdrawal of the fair hearing request pursuant to subdivision (a) of Section 4711.7.
(3) Receipt by the recipient of the final decision pursuant to subdivision (c) or (d) of Section 4712.5.
(b) If a request for rehearing pursuant to Section 4712.8 is postmarked or received by the director no later than 10 days after receipt of the final decision pursuant to subdivision (c) or (d) of Section 4712.5, services that are being provided pursuant to a recipient’s individual program plan shall be continued during the appeal procedure up to and including the 10th day after receipt of any of the following:
(1) If the rehearing request is denied,
receipt by the recipient of the decision denying the rehearing request.
(2) If the rehearing request is granted, receipt by the recipient of the final decision pursuant to subdivision (c) or (d) of Section 4712.5.
(c) Services continued pursuant to subdivision (a) may be modified by agreement of the parties in accordance with the decision of the interdisciplinary team and the individual program plan.
(d) Any appeal to a court by either party shall not operate as a stay of enforcement of the final administrative decision, provided that either party may seek a stay of enforcement from any court of competent jurisdiction.
