4891. (Added by Stats. 2026, Ch. 80, Sec. 48.)

(b) All applicants or individuals eligible for services, or if appropriate, their authorized representative, shall be notified in writing in their preferred language of the right to submit a grievance pursuant to this chapter from the regional center or state-operated facility upon intake or when an individual program plan is developed or modified, or upon request. The written notice shall, in plain language, explain the difference between the grievance process under this chapter and appeals regarding eligibility and service issues that are appropriate for the state hearing process pursuant to Article 3 (commencing with Section 4710) of Chapter 7.

(c) Upon request, the department and regional centers shall provide grievants with reasonable assistance in completing forms, taking procedural steps, and appropriately filing a grievance with the department.

(d) The department shall do all of the following within five days of receiving a grievance submission:

(1) Review the submission to determine if it meets the definition of a grievance pursuant to this chapter.

(2) If the submission meets the definition of a grievance pursuant to this chapter, the department shall refer the grievance to the associated regional center or state-operated facility to address.

(3) If the submission contains an indication of serious harm or risk of serious harm to an individual, the department shall expedite a referral to the regional center or state-operated facility for appropriate action.

(4) If the submission does not meet the definition of a grievance pursuant to this chapter, the department shall promptly provide reasonable assistance to redirect the matter to other appropriate processes or entities to further pursue the matter.

(e) Regional centers, state-operated facilities, and service providers shall not take punitive or retaliatory action or threat of action against a grievant, an individual served, an authorized representative, a witness, or any person who assists in or participates in a grievance under this chapter.

(f) Upon receipt of a grievance, the regional center or state-operated facility shall assign a grievance reviewer, with priority for review if the department determined there is an indication of serious harm or risk of serious harm to the individual pursuant to subdivision (d). The regional center or state-operated facility shall provide the grievant a reasonable opportunity, face-to-face including through the use of audio or video technology, or in writing, to present evidence, information, or testimony and make legal and factual arguments related to their grievance.

(g) The grievant shall be provided a copy of, or access to, the case file by the regional center or state-operated facility free of charge and within three business days from the date the grievance was referred by the department. If the grievant requests access to the consumer records outside of the case file specific to their grievance, they may request access pursuant to Article 5 (commencing with Section 4725) of Chapter 7.

(h) The regional center or state-operated facility’s grievance reviewer shall review the grievance and send a resolution plan to the grievant, the department, and, if named in the grievance, the service provider. The regional center or state-operated facility’s grievance reviewer shall produce and sign the resolution plan within 60 days of the date that the grievance was referred by the department.

(i) Resolutions included in the resolution plan shall be reasonably appropriate to resolve the grievance, and, if appropriate, prevent reoccurrence. Resolutions may include, but are not limited to, convening the individual program planning team, ongoing communication or meetings with the regional center or state-operated facility, completion of any identified steps in the resolution plan, requiring corrective action, including training, policy or implementation changes, reporting or supervision necessary to prevent recurrence, or a statement regarding the outcome of an investigation of alleged noncompliance with the home- and community-based settings rules.

(j) The department, regional center, or state-operated facility may extend the timeframe specified in subdivision (h) up to 14 days if the grievant requests the extension or if the department, regional center, or state-operated facility documents that there is need for additional information and how the delay is in the grievant’s best interest. If the department, regional center, or state-operated facility extends the timeframe not at the request of the individual or grievant, it shall do both of the following:

(1) Make reasonable efforts to give the grievant prompt oral notice of the delay.

(2) Within two days of determining that there is a need for a delay, but no later than 60 days from receipt of the grievance, give the grievant written notice of the reason for the decision to extend the timeframe.

(k) A grievant who is not satisfied with the regional center’s or state-operated facility’s resolution plan may request a review by the department within 15 days of receiving the resolution plan. An extension for good cause may be granted by the department, as defined in department directive or regulations.

( l ) If a review is requested pursuant to subdivision (k), the department shall review the resolution plan for relative appropriateness to the grievance and, within 21 days, shall notify the grievant, regional center or state-operated facility, and, if named in the grievance, the service provider, of its determination. The department’s determination may affirm the resolution plan, remand the matter to the regional center or state-operated facility with written instructions for any necessary revision, or require one or more corrective actions consistent with the intent and provisions of this chapter.

(m) The department shall annually review a sample of resolution plans for each regional center and state-operated facility.

(n) (1) The department shall annually post the deidentified results of the review described in subdivision (m) on its internet website.

(2) The department shall use the review to determine operational or systemic problems within a regional center, state-operated facility, or internal to the department. The department shall identify and implement options to address identified issues, which may include, but are not limited to, providing technical assistance or training to regional centers or state-operated facilities, requiring corrective action plans with measurable outcomes and timelines, conducting monitoring or audit activities, or identifying potential policy changes. If the department identifies repeated failures to cure or meaningfully respond to substantially similar grievances, the department may, in its discretion, take additional action consistent with subdivision (d) of Section 4629.

(3) The department’s review and use of grievance data pursuant to this section is independent of, and in addition to, the resolution of any individual grievance. The department may initiate monitoring, oversight, or enforcement actions under this section regardless of how a particular grievance was resolved.

(o) The department shall annually post, at a minimum, all of the following information on its internet website:

(1) The number of grievances received by the department annually.

(2) The average number of days for each regional center or state-operated facility to respond to grievances.

(3) The number of grievances that resulted in a request for department review.

(4) The percentages of grievances that were resolved in favor of the grievant, the entity about whom the grievance was filed, or some combination thereof.

(5) The number and type of grievances that resulted in the department providing the regional center or state-operated facility technical assistance pursuant to subdivision (n).