Home and Community-Based Services (HCBS) – Grievance and Hearings
The services available under HCBS Waivers include case management, community transition services, private duty nursing, family training, home health aides, life-sustaining utility reimbursement, habilitation services, respite care, and other services required to maintain the health and safety of eligible participants in the community setting of their choice.
What is a grievance?
A grievance is defined as a complaint, either written or oral, expressing dissatisfaction with the services provided or the quality of participant care.
How to file a grievance?
Depending on the type of grievance, a participant and/or their legal representatives may submit a grievance to the California Department of Health Care Services (DHCS) or the California Department of Social Services (CDSS). Below are the processes for submitting a grievance for specific HCBS Waivers/Programs:
Note: All participants are informed that filing a grievance or making a complaint is not a pre-requisite or substitute for State Hearing. For more information see Medi-Cal Fair Hearings.
Assisted Living Wavier (ALW)
If you are an ALW participant and dissatisfied with your ALW facility, Care Coordination Agency (CCA), or the ALW services you receive, you may file an ALW grievance in the following ways:
- Grievances regarding the quality or receipt of ALW services must be submitted to your CCA via email, mail, or telephone. Please reference your CCA's contact information.
- Grievances regarding the coordination of care by your CCA must be submitted to the Department of Health Care Services via email at: ALWGrievances@dhcs.ca.gov
- All other grievances not listed above must be submitted to the California Department of Social Services, which will direct your grievance to your local ombudsman. Grievances can be submitted via telephone at (844) LET-US-NO ((844) 538-8766), via email at letusno@dss.ca.gov, or online.
For more information about ALW grievances, please review the ALW Grievance Fact Sheet.
Home and Community Based Alternatives (HCBA)
If you are dissatisfied with your HCBA Care Management Team, or the HCBA services you receive, you may submit a grievance in the following ways:
- Grievances regarding the coordination of care by your Waiver Agency must be submitted to DHCS via email at: ISCDCompliance@dhcs.ca.gov.
For more information about HCBA grievances, please review the HCBA Grievance Fact Sheet.
Note: All participants are informed that filing a grievance or making a complaint is not a pre-requisite or substitute for State Hearing.
What is a State Hearing?
State Hearings are legal meetings or hearings for families or beneficiaries to challenge the decision made between beneficiaries and the program or agency that denied the services in an impartial, independent, fair, and timely manner, ensuring that due process is met in accordance with federal and state laws.
What are Your Hearing Rights
You have the right to request for a state hearing to challenge the decision or any action. You have 90 calendar days from the date of the Notice of Action (NOA) to ask for a hearing. The 90 days starts the day after you are sent a notice by mail.
You may be able to file your request after 90 days if you have good cause as to why you were not able to file for a hearing within the 90 days.
How can you request a State Hearing?
- On-Line: Request a Hearing Online
- By Phone: Call the California Department of Social Services, State Hearings Division toll free at (800) 743-8525 (Voice) or (800) 952-8349 (TDD)
- In Writing (Mail): Submit your request to the county welfare department at the address shown on the NOA or by mail to:
California Department of Social Services
P.O. Box 944243, Mail Station 21-37
Sacramento, California 94244-2430
Contact Us
Filing a Discrimination Complaint
If you think discrimination has affected your benefits or services, you may file a discrimination complaint with the DHCS Office of Civil Rights below:
Office of Civil Rights
Department of Health Care Services
P. O. Box 997413, MS 0009
Sacramento, CA 95899-7413
Phone: (916) 440-7370
You may use the ADA Title VI Discrimination Complaint form to submit your complaint to DHCS Office of Civil Rights. The form also contains additional information about your rights. A complaint should be filed as soon as possible or within 180 days of the last act of discrimination. If your complaint involves matters that occurred longer ago than this and you are requesting a waiver of the time limit, you will be asked to show good cause why you did not file your complaint within the 180-day period.
You may also submit a discrimination complaint to United States Department of Health and Human Services, Office of Civil Rights. Additional information on filing discrimination complaints is available on the Non-Discrimination Policy and Language Access webpage.