SECTIONS 4705-4707 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 4705-4707

4705. (a) Every service agency shall, as a condition of continued
receipt of state funds, have an agency fair hearing procedure for
resolving conflicts between the service agency and recipients of, or
applicants for, service. The State Department of Developmental
Services shall promulgate regulations to implement this chapter by
July 1, 1999, which shall be binding on every service agency.
Any public or private agency receiving state funds for the purpose
of serving persons with developmental disabilities not otherwise
subject to the provisions of this chapter shall, as a condition of
continued receipt of state funds, adopt and periodically review a
written internal grievance procedure.
(b) An agency that employs a fair hearing procedure mandated by
any other statute shall be considered to have an approved procedure
for purposes of this chapter.
(c) The service agency's mediation and fair hearing procedure
shall be stated in writing, in English and any other language that
may be appropriate to the needs of the consumers of the agency's
service. A copy of the procedure and a copy of the provisions of this
chapter shall be prominently displayed on the premises of the
service agency.
(d) All recipients and applicants, and persons having legal
responsibility for recipients or applicants, shall be informed
verbally of, and shall be notified in writing in a language which
they comprehend of, the service agency's mediation and fair hearing
procedure when they apply for service, when they are denied service,
when notice of service modification is given pursuant to Section
4710, and upon request.
(e) If, in the opinion of any person, the rights or interests of a
claimant who has not personally authorized a representative will not
be properly protected or advocated, the local area board and the
clients' right advocate assigned to the regional center or
developmental center shall be notified, and the area board may
appoint a person or agency as representative, pursuant to subdivision
(d) of Section 4548, to assist the claimant in the mediation and
fair hearing procedure. The appointment shall be in writing to the
authorized representative and a copy of the appointment shall be
immediately mailed to the service agency director.

4706. (a) Except as provided in subdivision (b) to the extent
permitted by federal law, all issues concerning the rights of persons
with developmental disabilities to receive services under this
division shall be decided under this chapter, including those issues
related to fair hearings, provided under the medicaid home- and
community-services waiver granted to the State Department of Health
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 Services shall retain the
right, as provided in Section 4712.5, to review and modify any
decision reached under this chapter.

4707. By July 1, 1999, the State Department of Developmental
Services shall implement a mediation process for resolving conflicts
between regional centers and recipients of services specified in this
chapter. Regulations implementing the mediation process shall be
adopted by July 1, 2000.