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(10.4) I have a time limit on my IPP service. Can I still appeal when it ends?

(10.4) I have a time limit on my IPP service. Can I still appeal when it ends?

Yes. All services in your IPP should be reviewed from time to time.[1]§ 4646.5(a)(6). You and your regional center must review your service needs at scheduled times. It does not mean your services “expire.” Some regional centers put time limits in your IPP and stop services on that day without notice. This violates your right to notice and appeal.

Some regional centers put time limits on services in forms called “purchase of service authorization.” This is an internal document. It has no control over services you have a right to.

Do not agree to have time limits in your IPP. If there is an expiration date in your IPP, that is not notice. The regional center cannot stop or change a service without giving you a notice of action that tells you about your right to appeal.[2]One Administrative Law Judge says that the “regional center cannot avoid the requirement that ‘services that are being provided pursuant to a recipient’s individual program plan shall be … Continue reading

You must have an IPP meeting before your current IPP expires to discuss your services. The IPP meeting must take place early enough so the regional center can send you notice at least 30 days before it wants to change a service.[3]§ 4710.

Keep track of your IPP and services. Ask the regional center for a meeting to talk about services you still need in your IPP. If you cannot agree at your IPP meeting, the regional center must give you written notice. After you get the notice, you have 10 days to ask for an appeal if you want your services to stay until the appeal is over.[4]§ 4715.

If you agree to end a service, the regional center does not have to give you written notice.

References
1 § 4646.5(a)(6).
2 One Administrative Law Judge says that the “regional center cannot avoid the requirement that ‘services that are being provided pursuant to a recipient’s individual program plan shall be continued during the appeal procedure.’ The fact that the IPP expressly limited the period during which regional center agreed to provide the service does not change the fact that the service was ‘being provided pursuant to…[the] recipient’s individual program plan.’ An express limit can trigger a periodic or early review of whether a consumer is entitled to have a service continue, but it cannot nullify the aid-paid-pending requirement. When a consumer appeals a reduction or change in service, the aid-paid-pending requirement entitles the consumer to have the service continue pending a resolution of the dispute.” See OAH Case No. N-2005090555, p. 8. Administrative hearing decisions can be persuasive, even though other judges don’t have to follow them.
3 § 4710.
4 § 4715.