Section 100171 Of Article 1. General Provisions From California Health And Safety Code >> Division 101. >> Part 1. >> Chapter 2. >> Article 1.
100171
. Notwithstanding any other provision of law, whenever the
department is authorized or required by statute, regulation, due
process (Fourteenth Amendment to the United States Constitution;
subdivision (a) of Section 7 of Article I of the California
Constitution), or a contract, to conduct an adjudicative hearing
leading to a final decision of the director or the department, the
following shall apply:
(a) The proceeding shall be conducted pursuant to the
administrative adjudication provisions of Chapter 4.5 (commencing
with Section 11400) and Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code, except as
specified in this section.
(b) Notwithstanding Section 11502 of the Government Code, whenever
the department conducts a hearing under Chapter 4.5 (commencing with
Section 11400) or Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code, the hearing shall
be conducted before an administrative law judge selected by the
department and assigned to a hearing office that complies with the
procedural requirements of Chapter 4.5 (commencing with Section
11400) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) (1) Notwithstanding Section 11508 of the Government Code,
whenever the department conducts a hearing under Chapter 4.5
(commencing with Section 11400) or Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code,
the time and place of the hearing shall be determined by the staff
assigned to the hearing office of the department, except as provided
in paragraph (2) or unless the department, by regulation, specifies
otherwise.
(2) Formal hearings requested by institutional Medi-Cal providers
and health facilities shall be held in Sacramento.
(d) (1) Unless otherwise specified in this section, the following
sections of the Government Code shall apply to any adjudicative
hearing conducted by the department only if the department has not,
by regulation, specified an alternative procedure for the particular
type of hearing at issue: Section 11503 (relating to accusations),
Section 11504 (relating to statements of issues), Section 11505
(relating to the contents of the statement to respondent), Section
11506 (relating to the notice of defense), Section 11507.6 (relating
to discovery rights and procedures), Section 11508 (relating to the
time and place of hearings), and Section 11516 (relating to amendment
of accusations).
(2) Any alternative procedure specified by the department in
accordance with this subdivision shall conform to the purpose of the
Government Code provision it replaces insofar as it is possible to do
so consistent with the specific procedural requirements applicable
to the type of hearing at issue.
(3) Any alternative procedures adopted by the department under
this subdivision shall not diminish the amount of notice given of the
issues to be heard by the department or deprive appellants of the
right to discovery suitable to the particular proceedings. Except as
specified in paragraph (2) of subdivision (c), modifications of
timeframes or of the place of hearing made by regulation shall not
lengthen timeframes within which the department is required to act
nor require hearings to be held at a greater distance from the
appellant's place of residence or business than is the case under the
otherwise applicable Government Code provision.
(e) The specific timelines specified in Section 11517 of the
Government Code shall not apply to any adjudicative hearing conducted
by the department to the extent that the department has, by
regulation, specified different timelines for the particular type of
hearing at issue.
(f) In the case of any adjudicative hearing conducted by the
department, "transcript," as used in subdivision (c) of Section 11517
of the Government Code, shall be deemed to include any alternative
form of recordation of the oral proceedings, including, but not
limited to, an audio recording.
(g) Pursuant to Section 11415.50 of the Government Code, the
department may, by regulation, provide for any appropriate informal
procedure to be used for an informal level of review that does not
itself lead to a final decision of the department or the director.
The procedures specified in Article 10 (commencing with Section
11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the
Government Code shall not apply to an informal level of review
authorized by this subdivision. Informal conferences concerning
appeals by institutional Medi-Cal providers and health facilities may
be held in Sacramento or Los Angeles.
(h) Notwithstanding any other provision of law, any adjudicative
hearing conducted by the department that is conducted pursuant to a
federal statutory or regulatory requirement that contains specific
procedures may be conducted pursuant to those procedures to the
extent they are inconsistent with the procedures specified in this
section.
(i) Nothing in this section shall apply to a fair hearing
involving a Medi-Cal beneficiary insofar as the hearing is, by
agreement or otherwise, heard before an administrative law judge
employed by the State Department of Social Services, or insofar as
the hearing is being held pursuant to Division 4.5 (commencing with
Section 4500) of the Welfare and Institutions Code in connection with
services provided by the State Department of Developmental Services
under applicable federal Medicaid waivers. Nothing in this
subdivision shall be interpreted as abrogating the authority of the
State Department of Health Care Services as the single state agency
under the state Medicaid plan.
(j) Nothing in this provision shall supersede express provisions
of law that apply to any hearing that is not adjudicative in nature
or that does not involve due process rights specific to an individual
or specific individuals, as opposed to the general public or a
segment of the general public.