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Californians are fortunate to have the strongest patients' rights laws in the nation. The DMHC is here to make sure these laws are followed and that all health plan members get the right care at the right time. Find out how in this section.
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Consumer Participation Program
Under this program, the Director may award advocacy and witness fees to a person
or organization which represents the interests of consumers and has made a
substantial contribution on their behalf to the adoption of a regulation,
Director's order or decision affecting a significant number of consumers. If
you have an individual grievance, complaint or case against a health plan,
please contact the Help Center (888) 466-2219 for assistance.
Request for Finding of Eligibility to Participate and
Seek Compensation:
A person who intends to seek an award should submit to the Director a Request
for Finding of Eligibility to Participate and Seek Compensation, giving notice
that they represent the interests of consumers and of their intent to claim
compensation. The request will be verified, and may be submitted at any time
independent of a proceeding in which the person seeks to participate. Please
complete the Request for Finding of
Eligibility to Participate and Seek Compensation Form.
Within 30 days of receipt of a completed Request for Finding of Eligibility to
Participate and Seek Compensation Form, the Director will rule on the
Applicant's eligibility to participate and to seek an award of fees. If the
Director finds that the Applicant has met the requirements for eligibility, the
Director will grant the request. A finding of eligibility to seek compensation
will be valid in any proceeding in which an Applicant's involvement commences
within 2 years of the finding of eligibility so long as the Applicant is still
representing the interests of consumers.
Petition to Participate in a Proceeding:
The Director may identify regulatory proceedings in which he or she believes
consumer participation would be helpful and anticipates that fees may be
awarded. A person or organization desiring to participate in a proceeding and
seek an award of fees will submit a
Petition to Participate in a
Proceeding. The Petition to Participate in a Proceeding will be
submitted no later than the end of the public comment period or the date of the
first public hearing in the proceeding in which the Applicant seeks to become
involved, whichever is later. For orders or decisions, the request will be
submitted within 10 working days after the order or decision becomes final.
The Director has identified the following regulatory proceedings for the Consumer Participation Program:
- Timely Access to Non-Emergency Health Care Services
- Discount Health Plans
The Director has also determined that the following guidance letters issued by the DMHC are eligible for the Consumer Participation Program:
- CPP Participation and Awards for Work on Guidance for AB 2244 and SB 1163
- 9 - K: Implementation of AB 2244
- Guidance posted on May 24, 2011.
- Comments regarding the draft letter may be submitted to the contact person noted in the draft letter.
- Award of Fees Application due by June 22, 2011.
- 8 - K: Premium Rate Review
- Guidance posted on May 24, 2011.
- Petition to Participate due by June 8, 2011.
- Award of Fees Application due by June 22, 2011.
Please note: approval of a Petition to Participate in a Proceeding Form
will not guarantee the payment of the dollar amounts requested, or any
amount whatsoever.
Within 30 days of receipt of a completed Petition to Participate in a Proceeding
Form, the Director will rule on whether the Petition is granted. The petition
may be denied if the Director elects not to award compensation to any
participants in that proceeding, or if the petition does not meet the
requirements.
An amended estimate must be submitted as soon as possible when the Applicant
learns that the total amount requested substantially increases. The Director
may approve or disapprove the amended amount.
Procedure for Applying for an Award of Fees:
An applicant who has been found eligible for an award of compensation may submit
an Application for an Award of
Advocacy and Witness Fees within 60 days after issuance of a regulation,
Director's order or Director's opinion. An applicant who makes a substantial
contribution may be eligible for compensation.
Within 30 days after submission of the request, which will be posted on the
Department's web site, the Department or any other person participating in the
proceeding may file an objection to the request, which must be submitted to the
Department and sent to the claiming Applicant.
Below is a list of the Applications for an Award of Advocacy
and Witness Fees:
- Health Rights Hotline (Block Transfer Filings) - November 16, 2005
- Health Rights Hotline (Block Transfer Filings) - January 23, 2006
- Health Access (Prescription Drug Benefits and Co-Payments) - September 22, 2006
- Legal Aid of San Mateo County (Access to Language Assistance) - April 9, 2007
- Health Rights Hotline (Access to Language Assistance) - April 9, 2007
- Latino Issues Forum (Access to Language Assistance) - April 9, 2007
- California Pan-Ethnic Health Network (Access to Language Assistance) - April 20, 2007
- Health Access (Access to Language Assistance) - April 20, 2007
- Health Rights Hotline (Unfair Billing Practices) – October 3, 2008
- Neighborhood Legal Services of Los Angeles County (Unfair Billing Patterns) – October 10, 2008
- Health Access of California (Unfair Billing Patterns) – December 12, 2008
- Western Center on Law and Poverty (Definition of Unfair Billing Patterns) - November 13, 2008
- Legal Services of Northern California (Timely Access to Health Care Services)- February 2, 2010
- California Pan-Ethnic Health Network (Timely Access to Health Care Services) - March 16, 2010
- Health Access of California (Timely Access to Health Care Services) - March 16, 2010
- The Western Center On Law And Poverty, Inc (Timely Access to Health Care Services) - March 18, 2010
- Consumers Union of United States, Inc. (Guidance on SB 1163) - June 22, 2011
- California Pan-Ethnic Health Network (Guidance on SB 1163) - June 22, 2011
- Health Access of California (Guidance on AB 2244) - June 30, 2011
Objections to the application can be submitted by email to
cpp@dmhc.ca.gov.
Below is a list of Decisions for an Award of Advocacy and Witness Fees:
- Health Rights Hotline (Block Transfer Filings) - March 10, 2006
- Health Access (Prescription Drug Benefits and Co-Payments) - February 6, 2007
- Latino Issues Forum (Language Assistance Programs) - June 5, 2007
- Health Rights Hotline (Language Assistance Programs) - June 6, 2007
- California Pan-Ethnic Health Network (Language Assistance Programs) - June 29, 2007
- Health Access of California (Language Assistance Programs) - July 12, 2007
- Legal Aid Society of San Mateo County (Language Assistance Programs) - September 6, 2007
- Health Rights Hotline (Unfair Billing Patterns) - December 22, 2008
- Neighborhood Legal Services of Los Angeles County DBA Health Consumer Center of Los Angeles (Unfair Billing Patterns) – April 3, 2009
- The Western Center on Law and Poverty, Inc (Unfair Billing Patterns) – April 27, 2009
- Health Access of California, a California Corporation (Definition of Unfair Billing Patterns) - May 22, 2009
- Health Rights Hotline (Timely Access) – June 3, 2010
- Health Access of California (Timely Access) – June 22, 2010
- Western Center On Law And Poverty (Timely Access) – June 29, 2010
- California Pan-Ethnic Health Network (Timely Access) – June 29, 2010
- Health Access of California, a California Corporation (Implementation of AB 2244)- January 10, 2012
- Consumers Union of United States, Inc. (Implementation of SB 1163) – January 27, 2012
- California Pan-Ethnic Health Network (Implementation of SB 1163) - February 9, 2012
Objections to the decision can be submitted by email to
cpp@dmhc.ca.gov.
If you have questions regarding the Consumer Participation Program please use
the Frequently Asked Questions or send an email to
cpp@dmhc.ca.gov.