Yes. If you qualify for DD Waiver services, you will benefit in these ways:
DD Waiver services cannot be limited. Regional centers cannot limit the waiver services they offer. This is because Medi-Cal services available in one part of the state must be available in every part of the state. This is called the “statewideness” requirement.42 U.S.C. § 1396a(a)(1) (statewideness requirement). So, regional centers must all offer the same DD Waiver services to consumers.
Regional centers cannot use Purchase of Service (POS) guidelines to limit the amount or kind of services you get under the DD waiver. Each regional center has POS guidelines, but the guidelines cannot control the services you get. You have the right to get the services and supports that you need and that are listed in your Individual Program Plan (IPP). Your IPP, not POS guidelines, controls the services you can get under both the DD Waiver and the Lanterman Act.Williams v. Macomber 226 Cal.App.3d 225, 233 (1990).
Consumers who get DD Waiver services get their IPP reviewed every year. Under the Lanterman Act, you have the right to a new IPP every three years, or whenever you ask for one. But with the DD Waiver, it is every year.See page 22 of the DD Waiver Primer and Policy Manual at: https://www.dds.ca.gov/wp-content/uploads/2019/02/HCBS_WaiverPrimerPolicy_20190212.pdf See Chapter 4 about IPPs. Remember to list all the services you need in your IPP.
Children who get Medi-Cal under the DD Waiver have extra protections.
If a child no longer qualifies for DD Waiver services, Medi-Cal must do a “redetermination” to see if they are eligible for Medi-Cal under a different program before Medi-Cal terminates them.Welf. & Inst. Code § 14005.37(d).
Children are also protected by Medi-Cal’s “Continuing Eligibility for Children” rules. This means Medi-Cal coverage must continue with no cost for up to 12 months after a child is found to be no longer eligible for any coverage under Medi-Cal.Welf. & Inst. Code § 14005.25; DHCS ACWDL No. 14-05.
Consumers eligible for DD Waiver services get an extra vehicle exemption. Medi-Cal usually allows you to not count one of your vehicles as a resource. Under the DD Waiver, you get an extra vehicle exemption. Medi-Cal allows a second vehicle to not count, if it is modified to accommodate your physical or medical needs.ACWDL No. 01-67
|↑1||42 U.S.C. § 1396a(a)(1) (statewideness requirement).|
|↑2||Williams v. Macomber 226 Cal.App.3d 225, 233 (1990).|
|↑3||See page 22 of the DD Waiver Primer and Policy Manual at: https://www.dds.ca.gov/wp-content/uploads/2019/02/HCBS_WaiverPrimerPolicy_20190212.pdf|
|↑4||Welf. & Inst. Code § 14005.37(d).|
|↑5||Welf. & Inst. Code § 14005.25; DHCS ACWDL No. 14-05.|
|↑6||ACWDL No. 01-67|