Developmentally disabled individuals in California have robust legal rights and protections. At the federal level, the Americans with Disabilities Act (“ADA”) prohibits all forms of discrimination on the basis of disability. Additionally, the ADA also requires workplaces and public locations to make reasonable accommodations for those with disabilities. At the level of state law, the Lanterman Act give you the right to receive effective and individualized care. One of the rights granted by the Lanterman Act is the right to appeal Department of Developmental Services (“DDS”) decisions and actions. This includes appealing disagreements you may have with a particular care provider, generally known as a vendor. Here’s a step-by-step guide to navigate the California DDS vendor dispute resolution process.
How to Handle a California DDS Vendor Dispute
In general, DDS does not itself provide care services. Rather, it typically contracts out the actual delivery of care to specialized service providers, known as vendors. But because these vendors are funded by and operating through state programs, you have the right to challenge any vendor you disagree with.
Step 1. Identify the Issue.
The starting place is figuring out precisely what your issue is, and who the responsible part is. Be concrete, precise, and clear about what your grievance is and what solution you’d like to see implemented. The more clear and specific you are, the more likely you are to arrive at a solution.
Step 2. Request a Copy of the Vendor’s Grievance Process.
To receive state funding, all vendors must have a written internal grievance procedure. You have a right to know what that procedure is. As soon as you identify the vendor responsible for your problem, request a copy of their grievance process. Be sure to document all interactions you have with the vendor. This record may come in handy at some point during the grievance process.
Step 3. Figure Out Which Agency is Funding the Vendor.
Next, determine which state agency is funding the vendor. In general, it is likely the funds are coming through DDS. You should still ascertain this information because in some cases funding may actually come from Medi-Cal, a Home and Community Based Services (“HCBS”) waiver, or some other sources. One way or another, talk to the vendor or consult with your DDS regional center to figure out who is funding the vendor you’re disputing.
Step 4. Obtain an Outline of the Funding Agency’s Complaint Process.
Just as you should request a copy of the grievance process at the vendor, you should also do the same with whatever agency is funding the vendor. In general, all state agencies have their own formal complaint process. You will likely need to pursue this so make sure you understand the specific procedures in place for whichever agency is funding and overseeing the vendor you’re disputing.
Step 5. Work With an Advocate to File Grievances and Complaints
Finally, it’s time to pursue the grievance, complaint, and appeals processes at both the vendor and the state agency overseeing the vendor. While you can certainly do this on your own, we recommend contacting a disability rights advocacy group first, as they can offer much-needed support throughout the process. Contact your DDS regional office for information on organizations in your community.
Pursue Your California DDS Vendor Dispute Resolution With Confidence
Always remember you have a right to the care you need. A key part of that is the right to file a complaint or an appeal in order to get the care you’re entitled to. Follow the steps above to successfully navigate the California DDS vendor dispute resolution process.