Developmental services: alternative dispute resolution.

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 regional center to have a fair hearing procedure and afford an applicant for or recipient of services, or the authorized representative of the applicant or recipient, the opportunity for a fair hearing, or to request a voluntary informal meeting or voluntary mediation, if they are dissatisfied with any decisions of the regional center, as specified. Existing law requires the department to implement a mediation process to be used if mediation is requested and agreed to. This bill would require each regional center to establish a dispute resolution program to hear and decide disputes between the regional center and consumers regarding the provision of services and eligibility for services. The bill would authorize the department to establish a grant program to provide funding to regional centers to establish the dispute resolution programs and enable regional centers to operate the dispute resolution programs, as specified. The bill would establish standards for the operation of the dispute resolution programs, including by, among others, requiring regional centers to provide consumers indicating an intention to utilize the dispute resolution process with a specified written statement and specifying the applicable rules of evidence for the dispute resolution proceedings. The bill would also create within the department a Developmental Disabilities Dispute Resolution Advisory Council comprised of 7 persons, the Chair of the State Council on Developmental Disabilities, 4 appointed by the Governor, one appointed by the Senate Rules Committee, and one appointed by the Speaker of the Assembly, with specified qualifications. The bill would require the advisory council to, among other things, adopt rules and regulations for the dispute resolution programs and would require the department, beginning January 1, 2021, or an earlier date by which the advisory council completes its duties, to periodically review the effectiveness of rules and regulations for the dispute resolution programs, adopt changes as necessary, and monitor and evaluate the programs as to their compliance with the rules and regulations.