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AB-1643 Developmental services: fair hearings.(2019-2020)

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Date Published: 06/29/2020 09:00 PM
AB1643:v96#DOCUMENT

Amended  IN  Senate  June 29, 2020
Amended  IN  Senate  June 20, 2019
Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1643


Introduced by Assembly Member Eduardo Garcia

February 22, 2019


An act to amend Section 4710 of the Welfare and Institutions Code, relating to developmental services.


LEGISLATIVE COUNSEL'S DIGEST


AB 1643, as amended, Eduardo Garcia. Developmental services: fair hearings.
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. Under existing law, the regional centers purchase needed services for individuals with developmental disabilities through approved service providers or arrange for those services through other publicly funded agencies. Existing law requires a service agency, defined, in part, as a developmental center or regional center, to have a fair hearing procedure that meets prescribed requirements, including adequate notice standards, to resolve conflicts between the service provider and recipients of, or applicants for, service. Existing law provides that adequate notice be sent by certified mail to the applicant or recipient and the authorized representative in specified circumstances, including if the service agency makes certain decisions, such as to reduce, to terminate, or to change services described in an individual program plan, without the mutual consent of the service recipient or authorized representative.
This bill would instead require the service agency to provide adequate notice by first-class mail, certified mail, or electronic mail, as prescribed, to the above-specified individuals if the service agency makes specified decisions relating to services, irrespective of whether the service agency makes this decision without mutual consent of the service recipient or authorized representative. The bill would make technical, conforming changes and other nonsubstantive changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 4710 of the Welfare and Institutions Code is amended to read:

4710.
 (a) The service agency shall provide adequate notice, as described in Section 4701, to the applicant or recipient and the authorized representative, if any, by first-class mail, certified mail mail, or electronic mail, if indicated by the recipient in writing, and followed by first-class mail if indicated by the recipient in writing, at least 30 days prior to before any of the following actions:
(1) The service agency makes a decision to reduce, terminate, or change services set forth in an individual program plan. plan unless the recipient subsequently signs a list of agreed-upon services and supports pursuant to subdivision (f) of Section 4646, in which case adequate notice shall not be required.
(2) The service agency determines that the recipient is no longer eligible for the service agency’s services.

(b)

(3) Adequate notice shall be sent to the recipient and the authorized representative, if any, by certified mail no more than five working days after the service agency makes a decision to deny the initiation of a service or support requested for inclusion in the individual program plan. plan unless the recipient subsequently signs a list of agreed-upon services and supports pursuant to subdivision (f) of Section 4646, in which case adequate notice shall not be required.
(b) For first-class mail, the date of receipt shall be presumed to be five days after the date on the notice unless there is a showing that the notice, in fact, was received earlier or later.
(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 fair hearing procedure under this chapter.
(d) (1) The regional center shall notify, within 30 days after written notice is mailed to the applicant or client, 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 to the applicant or recipient and the authorized representative, if any, pursuant to Section 4701. Notice shall be sent within five working days of the time limits set forth in Sections 4642 and 4643.
(f) The advance notice specified in subdivision (a) shall not be required if 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 service agency action.