They are the same in most ways. But if an appeal under the Lanterman Act also includes DD Waiver claims, federal law adds these two requirements:((42 C.F.R. §§ 431.200-.250. This means that you agree in writing to extend the deadlines.))
(1) The judge must give a decision within 90 days of the postmark date on your request for a hearing, or the date they got your hearing request. If you agree, the judge can take more time.((42 C.F.R. § 431.244(f).))
(2) The Director of the Department of Health Care Services (DHCS), or someone the Director appoints, has a right to make the final decision. The ALJ will propose a decision about your DD Waiver claims to the Director. The Director (or someone the Director appoints) can:
- Accept the ALJ’s decision,
- Make a different decision (called “alternated” decision),((42 C.F.R. § 431.200-431.10(e). Welf. & Inst. Code § 4712.5(c).)) or
- Let the ALJs make final decisions in certain kinds of cases.((Welf. & Inst. Code § 4712.7. This is the same procedure followed in Medi-Cal hearings by the State Hearings Division of the Department of Social Services. See https://www.cdss.ca.gov/inforesources/state-hearings.))
The current DD Waiver says the Director of the Department of Health Care Services has given the authority to the Director of the Office of Administrative Hearings (OAH).((DD Waiver, January 1, 2018, Page 235 of 295)) The Director of DHCS appointed the Director of OAH. So, under the DD Waiver, DHCS does not adopt or alternate decisions, but the Director of OAH can.