RIGHTS UNDER THE LANTERMAN ACT

Chapter One
The Lanterman Act

·       An Overview of the Law and the System

·       The Purpose of the Act – Community Integration & Productive Lives

·       Rights Protected by the Lanterman Act

·       Services and Supports

·       Medi-Cal and the Lanterman Act

·       Payment Requirements

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Written by: PROTECTION AND ADVOCACY, INC.
Publication #5063.01 – English
Copyright © 1983 by PAI - REVISED EDITION 2006

Protection and Advocacy, Inc. (PAI), is a nonprofit agency that works with people with disabilities. PAI provides a variety of advocacy services, including information and referral, technical assistance, and direct representation. For information or assistance with an immediate problem, call:

PAI

Toll Free: (800) 776-5746
www.pai-ca.org

Central Office 100 Howe Ave., Suite 185-N Sacramento, CA 95825 Legal Unit - (916) 488-9950 Administrative - (916) 488-9955 TTY – (800) 719-5798	Oakland Area Office 1330 Broadway, Suite 500 Oakland, CA 94612 Tel. - (510) 267-1200 TTY – (800) 649-0154
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PAI receives funding from a variety of state and federal programs, providing advocacy services to people with disabilities under seven federal statutes and two state contracts. Any opinions, findings, recommendations or conclusions expressed in this publication are those of the authors and do not necessarily reflect the views of the organizations which fund PAI.

OCRA

Toll Free: (800) 390-7032

The Office of Clients’ Rights Advocacy (OCRA) is a statewide office run by Protection & Advocacy, Inc., through a contract with the California Department of Developmental Services. OCRA employs a Clients’ Rights Advocate (CRA) at each regional center. The CRA is a person trained to help protect the rights of people with developmental disabilities. Appendix Z lists the Clients’ Rights Advocate for each regional center along with their contact information.

TABLE OF CONTENTS

Question

1.        What is the Lanterman Act?. 1

2.        What did the California Supreme Court say about the Lanterman Act’s purposes and the obligations of the State to persons with developmental disabilities?. 2

3.        Who can receive services under the Lanterman Act?. 3

4.        How does the Lanterman Act provide services to persons with developmental disabilities and protect their rights?. 4

5.        What are "services and supports?". 6

6.        Who provides services and supports?. 7

7.        Does the developmental disabilities system look at gaps in services and supports in a systematic way?. 8

8.        Can the regional center provide “preventive services?”. 9

9.        How does a regional center provide emergency and crisis intervention services?. 9

10.      Does Medi-Cal pay for any of my regional center services? What is Medi-Cal?. 11

11.      Do I have to be a U.S. citizen or legal permanent resident to receive services from a regional center? What about Medi-Cal Services?. 12

12.      Do I or my family have to be poor to qualify for regional center services? What about Medi-Cal services?. 13

13.      What does the Lanterman Act say about my confidential records? Who can see them?. 13

14.      Are there any materials about my rights under the Lanterman Act written specifically for regional center consumers?. 14

15.      Do I or my family have to contribute to paying for services?. 15

16.      What is the Family Cost Participation Program?. 17

17.      Who has to pay for part of respite, day care or camping?. 17

18.      What documents do I provide to the regional center to show my annual income?. 18

19.      Does the regional center have to provide me with information about the cost participation program?. 18

20.      How does the regional center calculate the family cost participation or co-payment?. 19

21.      What if I have more than one child who is served by the regional center?  19

22.      Are there any exceptions where a family with greater than 400% of the FPL would not have to pay?. 20

23.      I asked for an adjustment to my cost participation amount due to an unavoidable and uninsured catastrophic loss and/or the amount of the participation cost would create a direct economic impact for my family, but the executive director of the regional center denied my request. Can I appeal?. 20

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