SECTIONS 4700-4704.6 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 4700-4704.6

4700. Unless the context otherwise requires, the definitions set
forth in this article govern the construction of this chapter.

4701. "Adequate notice" means a written notice 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 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 his or her own choosing.
(4) The right to access to records pursuant to Article 5
(commencing with Section 4725).
(5) The right to an interpreter.
(g) Information on availability of advocacy assistance, including
referral to the developmental center or regional center clients'
rights advocate, area board, 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), the opportunity to request an informal meeting to resolve the
issue or issues, and the opportunity to request mediation which shall
be voluntary for both the claimant and the service agency.
(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. Nothing in this section shall preclude
the claimant or his or her 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 his or her 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
language in English. If the claimant or authorized representative
does not comprehend English, the notice shall be provided in such
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.

4701.1. Adequate notice, as defined by Section 4701, shall inform
the recipient and authorized representative of both of the following:
(a) Whether or not the individual is eligible for an exemption or
exception to the action the service agency proposes to take as
specified in subparagraph (D) of paragraph (6) of subdivision (a) of
Section 4648, subdivision (d) of Section 4648.35, subdivision (c) of
Section 4648.5, subdivision (d) of Section 4659, subparagraph (A) of
paragraph (3) of subdivision (a) of Section 4686.5, 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.

4701.5. "Applicant" means a person who has applied for services
from a service agency, or on whose behalf services have been applied
for.

4701.6. "Authorized representative" means the conservator of an
adult, the guardian, conservator, or parent or person having legal
custody of a minor claimant, or a person or agency appointed pursuant
to subdivision (d) of Section 4548 or subdivision (e) 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.

4702. "Claimant" means an applicant for or recipient of services
who has filed for a fair hearing.

4702.5. "Days" means calendar days unless otherwise noted.

4702.6. "Hearing request form" means a document that shall include
the name, address, and birth date of the claimant, date of request,
reason for the request, and name, address, and relationship to the
claimant of the authorized representative, if any, and whether the
claimant is a participant in the medicaid home and community-based
waiver. The hearing request form shall also indicate whether the
claimant or his or her authorized representative is requesting
mediation. A copy of the appointment of the authorized
representative, by the claimant or the area board if any, shall also
be included.

4702.7. For purposes of this section, "medicaid home and
community-based waiver participant" means an individual deemed
eligible and receiving services through the Medicaid Home and
Community-based waiver program.

4703. "Persons who have the right to request a fair hearing" means
applicant, recipient, applicant or recipient's legal guardian or
conservator, applicant or recipient's parent, if a minor, and
applicant or recipient's authorized representative.

4703.5. "Recipient" means a person with a developmental disability
who is eligible for and receives services from a service agency.

4703.6. "Responsible state agency" means the state agency with
which a state appeal is required to be filed.

4703.7. "Services" means the type and amount of services and
service components set forth in the recipient's individual program
plan pursuant to Section 4646.

4704. "Service agency" means any developmental center or regional
center that receives state funds to provide services to persons with
developmental disabilities.

4704.5. For purposes of Sections 4710.9, 4711, 4711.5, 4711.7,
4712, and 4712.5, the director of the responsible state agency
includes a designee thereof, which may, but need not, be a public or
private agency that contracts with the State Department of
Developmental Services for the provision of hearing officers or
mediators.

4704.6. Each regional center and each vendor that contracts with a
regional center to provide services to consumers shall conspicuously
post on its Internet Web site, if any, a link to the department's
Internet Web site page that provides a description of the appeals
procedure set forth in this chapter and a department telephone number
available for answering consumer and applicant appeals procedure
questions.