§ 4711.5. — 4711.5. (Repealed (in Sec. 52) and added by Stats. 2022, Ch. 49, Sec. 53.)

California § 4711.5.

• Jurisdiction: California
• Code WIC: Welfare and Institutions Code - WIC
• Div. 4.5.: DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED
• Ch. 7.: CHAPTER 7. Appeal Procedure
• Art. 3.: ARTICLE 3. Fair Hearing Procedure

Text

(a)
Upon receipt of an appeal request form requesting mediation, the hearing office shall promptly notify the claimant and their authorized representative, in their preferred language, and the regional center or state-operated facility, of the information applicable to mediation.
(b)
(1)
The mediation shall be held within 30 days of the date the appeal request form is received by the department or by another agency designated by the department to receive the appeal request form, or unless a continuance is requested and granted to the claimant at the discretion of the mediator.
(2)
A continuance granted pursuant to paragraph (1) shall constitute a waiver of a
Medicaid home and community-based services participant’s right to a decision within 90 days of the date the appeal request form is received by the department or by another agency designated by the department to receive the appeal request form. The extension of time for the final decision resulting from the continuance shall be only as long as the time period of the continuance.
(c)
Mediation shall be conducted in an informal, nonadversarial manner, and shall incorporate the rights of the claimant contained in paragraph (8) of subdivision (a) of Section 4701.
(d)
Mediators shall meet both of the following requirements:
(1)
Familiarity with the provisions of this division and implementing regulations, and familiarity with the process of reconciling differences in a nonadversarial, informal manner.
(2)
The person is not in the business of providing or supervising services provided to regional centers or to regional center applicants or recipients.
(e)
During the course of the mediation, the mediator may meet separately with the participants to the mediation, and may speak with any party or parties confidentially in an attempt to assist the parties to reach a resolution that is acceptable to all parties.
(f)
The mediator shall voluntarily disqualify themselves and withdraw from any case in which the mediator cannot be fair and impartial. Any party may request the disqualification of the mediator by filing an affidavit, prior to the mediation, stating the specific grounds upon which it is claimed that a fair and impartial mediation cannot be held. The issue shall be decided by the mediator.
(g)
Either the regional center or state-operated facility or the claimant or their authorized representative may withdraw from mediation at any time after the conclusion of the first mediation session, as that time is established by the mediator, and proceed to a fair hearing, if a fair hearing has been requested by the claimant.
(h)
This section shall become operative on March 1, 2023.

Legislative History

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