§ 4711.7. — 4711.7. (Repealed (in Sec. 54) and added by Stats. 2022, Ch. 49, Sec. 55.)

California § 4711.7.

• 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)
If the issue or issues involved in the mediation are resolved or partially resolved to the satisfaction of both parties, the mediator shall prepare a written resolution. Agreement of the claimant or their authorized representative to the written resolution shall be accompanied by a withdrawal or partial withdrawal, in writing, of any fair hearing request. The written resolution shall go into effect 10 days after receipt of the claimant’s agreement to the written resolution. The mediator shall promptly forward a copy of the written resolution and any full or partial withdrawal of a fair hearing request to the hearing office.
(b)
If the mediation fails to resolve an issue or issues to the satisfaction of the claimant, or their authorized
representative, the matter shall, at the claimant’s request, proceed to a fair hearing with respect to the unresolved issue or issues as provided under this chapter.
(c)
The mediator, after the conclusion of the mediation, shall promptly notify the hearing office, department, claimant and their authorized representative, and regional center of the outcome of the mediation and whether or not the claimant wants to proceed to a fair hearing. If the claimant or their authorized representative has not indicated whether they want to proceed to a fair hearing, the matter shall be taken off the calendar and continued until the time that the claimant requests a hearing or withdraws the hearing request. The continuance shall be considered a waiver of their Medicaid home- and community-based waiver services right to a hearing decision within 90 days of the date the original request was received by the department.
(d)
Services provided pursuant to a recipient’s individual program plan during the appeal shall end as specified in Section 4715.
(e)
Sixty days after the mediator’s notice of the outcome of the mediation, the appeal shall be considered withdrawn if the claimant or their authorized representative has not indicated their intent to proceed to a fair hearing.
(f)
This section shall become operative on March 1, 2023.

Legislative History

Repealed (in Sec. 54) and added by Stats. 2022, Ch. 49, Sec. 55. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.