POS Policies

The services and supports necessary for an individual served by FDLRC shall be made through the Individual Program Plan / Individualized Family Service Plan (“IPP/IFSP”) process. The agreed upon services and supports shall be made on the basis of the needs and preferences of the person being served and, if appropriate, their family, and shall include consideration of a range of service options proposed by the IPP/IFSP participants, the effectiveness of each option in meeting the goals stated in the IPP/IFSP, and the cost-effectiveness of each option. (Welfare & Institutions Code §§ 4512, subd. (b); 4646, subd. (a).)

For children under the age of 3, services are provided in accordance with the California Early Intervention Services Act. (See Title 17, §§ 52000 et seq., of the California Code of Regulations, especially § 52000, subd. (b)(16); Government Code section 95000 and following.)

Use of Generic Resources

Before purchasing a service, the Regional Center shall pursue all other sources of available services or funding as well as the voluntary provision of service and support to the individual, such as the natural support of family, friends and associates. (See Welfare & Institutions Code §§ 4646.5, subd. (a)(5), 4648, subd. (a)(8), 4659.) The Regional Center shall typically not purchase a service that would otherwise be available from Medi-Cal, Medicare, the Civilian Health and Medical Program for Uniform Services (CHAMPUS, Tri-Care), school districts, In-Home Supportive Services, California Children’s Services, private insurance, or a health care service plan when an individual being served or family meets the criteria for this coverage but chooses not to pursue that coverage. (See Welfare & Institutions Code § 4659, subds. (a), (c).) If an individual or their family seeks medical or dental services from a third party payer, benefit program or other health care service plan, and is denied the service, the Regional Center shall not purchase the service unless the individual or their family provides documentation of the denial and the Regional Center determines that an appeal of the denial does not have merit.

The IFSP team for infants and toddlers eligible for regional center services under Section 95014 of the Government Code, and the IPP team for individuals over three years of age eligible for regional center services under Section 4512, subdivision (a), may determine that a medical or dental service identified in the IFSP or the IPP, respectively, is not available within 60 calendar days through the family’s private health insurance policy or health care service plan or under the Medi-Cal program. Under these circumstances and in compliance with the timely provision of service requirements under the law, needed medical services will be authorized for purchase-of-service funding by the Regional Center during any plan delays, including the appeals process, in accordance with the law.  (Welfare & Institutions Code §§ 4646.4, subd. (a)(2), 4659, subd. (d)(1).) Any retroactive funding received from the family’s private health insurance policy or health care service plan or Medi-Cal, should be applied to offset any payments made by the Regional Center during the time that such service or support was being pursued. (See Welfare & Institutions Code §§ 4648, subd. (a)(8), 4659.)

At the time of development, scheduled review, or modification of an IFSP or IPP, if purchasing services and supports, the Regional Center shall consider the family’s responsibility for providing similar services and supports for a minor child without disabilities in identifying the child’s service and support needs as provided in the least restrictive and most appropriate setting. (Welfare & Institutions Code § 4646.4, subd. (a)(4); see Family Code §§ 3900, 3910.) In making this determination, the Regional Center shall take into account the child’s need for extraordinary care, services, supports and supervision, and the need for timely access to this care. (Welfare & Institutions Code § 4646.4, subd. (a)(4).)

If it is determined that another agency or individual should be responsible for purchasing or providing a service, the Regional Center will assist the child and family in obtaining the needed service (if assistance is requested.)

Parental Responsibility

As stated above, in identifying a minor child’s service and support needs, the Regional Center shall take into account the parents’ responsibility to provide for the child as they would for a child without a disability. (Welfare & Institutions Code § 4646.4, subd. (a)(4).)  For minors in out-of-home placement, the Regional Center shall look to parents of specified income levels to meet their share of costs for their minor child’s care (Welfare & Institutions Code § 4784, Family Code § 3900.)

Development, Implementation and Evaluation of the Plan

Services and supports may be purchased to meet an individual’s needs associated with a developmental disability when they will accomplish all or part of the goals and objectives contained in that individual’s IPP/IFSP. The IPP/IFSP shall be prepared jointly by the planning team, which includes one or more representatives of the Regional Center, including the service coordinator, and the person with a developmental disability, and, if appropriate, the person’s parents, legal guardian, conservator or authorized representative, and any other individuals invited by the person being served, or, if appropriate, his or her parent, guardian, conservator or authorized representative. Decisions concerning the person’s goals, objectives, and services and supports that will be included in their IPP/IFSP and purchased by the regional center or obtained from generic agencies shall be made by agreement between the regional center representative and the person served or, if appropriate, the parents, legal guardian, conservator, or authorized representative at the program plan meeting. Requirements of the IPP/IFSP include the following:

• Each IPP/IFSP shall contain a statement of goals, based on the individual’s needs, preferences and life choices.
• Each goal shall be associated with specific, time-limited objectives that are stated in terms that allow measurement of progress or monitoring of service delivery.
• The goals and objectives should maximize opportunities for the individual to develop relationships, be part of community life in terms of housing, work, school and leisure, increase control over his or her life, acquire increasingly positive roles in community life and develop competencies to accomplish these goals.
• Each service and support must be identified in the IPP/IFSP and must be associated with one or more objectives targeted for the individual served.
• The IPP/IFSP shall specify the type and amount of each service and support to be purchased by the Regional Center or obtained from generic agencies or other resources and shall identify the providers of service responsible for each objective.
• To the extent possible, services and supports should be culturally appropriate, integrated with mainstream community life, and promote individual and family empowerment.
• There shall be regular review and evaluation of the IPP/IFSP to determine if planned services have been provided, if objectives have been achieved within the times specified, and if the individual served and his or her family are satisfied with the IPP/IFSP and its implementation. (Welfare & Institutions Code § § 4512, subd. (b), 4640.7, 4646, 4646.5, 4648 and 4750.)
• For all active cases, IPPs shall be reviewed and modified by the planning team in response to the person’s achievement or changing needs, and no less often than once every three years. If the person served or, if appropriate, the person’s parent(s), legal guardian, authorized representative, or conservator requests an IPP review, the IPP shall be reviewed within 30 days after the request is submitted, or no later than 7 days after the request is submitted if necessary for the person’s health and safety or to maintain the individual in their home.

Continued Funding

Continued funding of services and supports may be authorized only if the individual served, their parent, legal guardian or conservator, where appropriate, and the Regional Center agree that reasonable progress has been made toward meeting the individual’s IPP/IFSP objectives. (Welfare & Institutions Code § § 4648, 4750.)

Selecting a Service Provider

Typically, services and supports funded by the Regional Center must be purchased from providers who are vendored or otherwise authorized by the Department of Developmental Services (DDS) to provide such services and supports. However, individuals that are participating in the Self-Determination Program, receiving Participant-Directed Services, or utilizing Social Recreation, Camp and Non-Medical Therapies through community providers may elect to choose a service provider that is not vendored by FDLRC. In these cases, the individual and/or authorized representative must utilize a Financial Management Service (FMS) for payment of the service or support. When electing to utilize a service provider that is not vendored, the individual and/or authorized representative may select a service provider(s) from the community that best meet their needs and IPP objectives, as long as they are qualified to provide the identified service.  

For more information on the Self-Determination Program, please visit the Self-Determination Program page on our website.

For more information on Participant Directed Services, please visit the Participant-Directed Services page.

All other services and supports may be purchased only from providers who are vendored or otherwise authorized by the Department of Developmental Services (DDS) to provide such services and supports. Providers must also:

• Have a rate of payment for vendored or contracted services provided by DDS
• Have been issued a prior authorization by the regional center for the purchase of the specific service for the individual involved.
• Adhere to the quality of care standards set forth by the Regional Center, DDS, the Welfare & Institutions Code and the California Code of Regulations for the service or support provided.

The Regional Center and the individual served, or if appropriate, their parents, legal guardian, conservator, or authorized representative, shall consider the following when selecting a provider of client services and supports:

• The provider’s ability to deliver services and supports which will accomplish the specified IPP/IFSP objective
• The provider’s ability to deliver services that are innovative and cost-effective
• The provider’s success in achieving the objectives in the IPP/IFSP
• The ability of the provider to develop and facilitate services in natural environments with natural supports
• The ability of the provider to empower individuals and their families to make choices in their own lives, including where and how they live; their relationships with people in the community; and the way they spend their time, including education, employment and leisure
• The ability of the provider to implement services and supports which result in a more independent, productive and normal life for the individual
• Where appropriate, the provider’s achievement of accreditation, licensing, or professional certification

Purchase of Least Costly Service

If services of comparable quality are available from different providers who are equally able to accomplish all or part of the individual’s IPP/IFSP, the least costly of these services shall be selected. Cost shall include the cost of both the service and the transportation. In determining cost, the availability of federal financial participation shall be considered. The individual shall not be required to use the least costly provider if it will require moving to a more restrictive or less integrated service or support.

Purchase of Unproven Services

The Regional Center shall not purchase experimental treatments, therapeutic services, or devices that have not been clinically determined or scientifically proven to be effective or safe, for which risks and complications are unknown, or which are considered by recognized professionals to be potentially harmful.. Experimental treatment or therapeutic services include experimental medical or nutritional therapy when the use of the product for that purpose is not a general physician practice.

Equal Protection

Persons with developmental disabilities have the same legal rights and responsibilities guaranteed all other individuals by the Constitution and applicable laws of the United States and the State of California. Services shall be purchased for individuals eligible for regional center services without regard to race, color, creed, national origin, citizenship, sex, age or condition of physical or mental disability. No otherwise qualified person, by reason of developmental disability, shall be excluded from participation in, denied the benefits of or subjected to discrimination under any program or activity which receives public funds. (Welfare and Institutions Code § 4502.)

This policy statement shall be considered together with the specific purchase of service standards adopted by the Regional Center for each type of service. The types of services addressed in these standards are not all inclusive. Individual circumstances related to a developmental disability may warrant additional services not specifically stated. Exceptions to the Purchase of Service guidelines, to the types of services or to the specific standards for each type of service may be made when considering individual needs. Any such exception shall be reviewed by the Regional Center Executive Director or designee.

Denial of Services

Anyone aged 3 or older who has applied for Regional Center services, or who currently is receiving Regional Center services, can appeal Regional Center decisions about services with which they do not agree. If the Regional Center denies any service or seeks to stop, reduce or change any current services without the mutual consent of the individual served, or his or her authorized representative, the individual, or his or her authorized representative, can appeal the proposed decision. Additional information and assistance can be provided by the individual’s service coordinator, and this link will direct you to the revised Lanterman Act Appeals Information Packet.

For infants or toddlers under 3 years of age, families may request a due process hearing for services denied or reduced by requesting form DS 1802 in English or Spanish on the DDS website.

Posted 12.11.24