2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7C - Department on Disability Services › § 7–761.05. Duties

§ 7–761.05. Duties.
The Department shall:
(1) Provide services and supports to consumers in accordance with:
(A) Chapter 13 of this title;
(B) Section 109 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000, approved October 30, 2000 (114 Stat. 1692; 42 U.S.C. § 15009); and
(C) This chapter;
(2) No later than June 30, 2007, provide services and supports in accordance with subchapter II of Chapter 3 of Title 32 [§ 32-331 et seq.];
(3) Establish rules, quality standards, and policies for all services and supports, including Medicaid-funded services;
(4) Execute provider agreements and, in consultation with DHCF, establish rates for all services and supports, including Medicaid-funded services;
(5) In conjunction with other District agencies and directed by a comprehensive quality management plan which makes clear that facility licensure and certification is an integral component of the Department’s overall responsibility, monitor the provision of all services and supports and investigate, remediate, and enforce quality standards for all services and supports, including Medicaid-funded services;
(6) Identify federal and other appropriate funding opportunities for services and supports for individuals with intellectual or developmental disabilities and their families, and directly pursue, and recommend and encourage other agencies to pursue, funding opportunities, where appropriate;
(7) In the establishment of a waiting list for supports and services, DDS shall confer with residents with intellectual or developmental disabilities and their families, service providers, and advocates to provide information to the Department in developing rules and procedures, which shall provide:
(A) That persons on the waiting list begin to receive supports and services within a reasonable period of time;
(B) That the allocation of supports and services is based on a fair, equitable, and consistent method;
(C) That the minimum supports and services are available to all eligible persons;
(D) The supports and services for which a waiting list will be established;
(E) How a person is placed on the waiting list;
(F) The criteria that determine rank on the waiting list;
(G) The criteria for providing immediate services to a person on the waiting list:
(i) If the person is homeless or at imminent risk of becoming homeless, as these terms are defined in § 4-751.01(18) and (23); or
(ii) If there is a reasonable belief that the person is in imminent danger or will be subject to abuse or neglect if the person does not receive immediate support or service;
(H) The process for a person to appeal his or her placement or rank on the waiting list; and
(I) The notice procedure for informing a person of his or her placement on the waiting list, including how long the person can expect to wait for supports and services;
(8) In partnership with residents with intellectual or developmental disabilities and their families, service providers, and advocates, through work groups, sponsor forums, or other type of assembly that ensures meaningful community participation, conduct a needs assessment of District residents with intellectual or developmental disabilities and their families, which shall be published no later than September 30, 2010; and
(9)(A) Maximize Medicaid revenues by requiring, as of January 1, 2012, an individual to obtain and maintain District Medicaid eligibility for purposes of receiving supports and services from a District Medicaid-eligible provider or requiring the individual to make full payment directly to the provider for such supports and services; provided, that this requirement shall not apply to a person:
(i) Who is a former resident of Forest Haven;
(ii) Whose needs cannot reasonably be met by a District Medicaid provider;
(iii) Who is eligible for enrollment in the D.C. Healthcare Alliance; or
(iv) Whose representative payee for the purposes of Social Security benefits is the Department of Disability Services or a provider agency who is contracted with the District to provide supports and services for that person, if the reason the person lost Medicaid eligibility is due to a failure by the representative payee.
(B) The Department of Disability Services shall work with and support the person to become District Medicaid-eligible and to maintain District Medicaid eligibility, and the person and his or her representatives, estate, or both shall fully cooperate in such efforts.
(Mar. 14, 2007, D.C. Law 16-264, § 105, 54 DCR 818; Mar. 3, 2010, D.C. Law 18-111, § 5071(a), 57 DCR 181; Sept. 14, 2011, D.C. Law 19-21, § 5003, 58 DCR 6226; Feb. 26, 2015, D.C. Law 20-155, § 5002(b), 61 DCR 9990; May 18, 2022, D.C. Law 24-117, § 2(c), 69 DCR 002653.)
Effect of Amendments
D.C. Law 18-111, in par. (5), deleted “; and” from the end; in par. (6), substituted a semicolon for a period at the end; and added pars. (7) and (8).
D.C. Law 19-21 deleted “and” from the end of par. (7)(I); substituted “; and” for a period the end of par. (8); and added par. (9).
The 2015 amendment by D.C. Law 20-155 substituted “DCHF” for “MAA” in (4).
Applicability
Section 7139 of D.C. Law 24-167 amended section 4 of D.C. Law 24-117 removing the applicability provision impacting this section. Therefore the amendment of this section by section 2(c) of Law 24-117 has been implemented.
Applicability of D.C. Law 24-117: § 4 of D.C. Law 24-117 provided that the change made to this section by § 2(c) of D.C. Law 24-117 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Emergency Legislation
For temporary (90 day) addition, see § 105 of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).
For temporary (90 day) amendment of section, see § 5071(a) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) amendment of section, see § 5071(a) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
For temporary (90 days) amendment of this section, see § 5002(b) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).
For temporary (90 days) amendment of this section, see § 5002(b) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) amendment of this section, see § 5002(b) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
Short Title
Short title: Section 5070 of D.C. Law 18-111 provided that subtitle H of title V of the act may be cited as the “Department on Disability Services Reporting, Waiting List, and Assessment Amendment Act of 2009”.