2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter V - Rights of Persons with Intellectual Disabilities › § 7–1305.01. Habilitation and care; habilitation program

§ 7–1305.01. Habilitation and care; habilitation program.
(a) To the extent that appropriated funds are available to carry out the purposes of this chapter, no District resident with an intellectual or developmental disability shall be denied habilitation, care, or both suited to the person’s needs regardless of the person’s age, degree of intellectual or developmental disability, or other disabling condition.
(b) To the extent that appropriated funds are available to carry out the purposes of this chapter, each person shall be provided a habilitation program that will maximize the person’s human abilities, enhance the person’s ability to cope with the person’s environment, and create a reasonable opportunity for progress toward the goal of independent living.
(c) Notwithstanding subsection (a) of this section, no person subject to commitment pursuant to § 7-1304.06a shall be denied habilitation, care, or both suited to the person’s needs, regardless of the person’s age, degree of intellectual disability, or other disabling condition.
(d) Notwithstanding subsection (b) of this section, a person subject to commitment pursuant to § 7-1304.06a shall be provided a habilitation program that will maximize the person’s human abilities, enhance the person’s ability to cope with the person’s environment, and create a reasonable opportunity for progress toward the goal of independent living.
(e)(1) Notwithstanding the availability of an appropriation to carry out the purposes of this chapter in subsections (a) and (b) of this section, effective January 1, 2012, a District resident with an intellectual or developmental disability who is otherwise eligible to receive supports and services from the District pursuant to this chapter must either pay the full cost of such supports and services directly to the provider or become District Medicaid-eligible and maintain District Medicaid eligibility in order to receive supports and services under this chapter from a District Medicaid-eligible provider. This requirement shall not apply to a person:
(A) Who is a former resident of Forest Haven;
(B) Whose needs cannot reasonably be met by a District Medicaid provider;
(C) Who is eligible for enrollment in the D.C. Healthcare Alliance; or
(D) 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.
(2) 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. 3, 1979, D.C. Law 2-137, § 501, 25 DCR 5094; Mar. 24, 1998, D.C. Law 12-81, § 9, 45 DCR 745; Oct. 17, 2002, D.C. Law 14-199, § 2(p), 49 DCR 7647; Sept. 14, 2011, D.C. Law 19-21, § 5002(b), 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-169, § 17(dd), 59 DCR 5567; Sept. 26, 2012, D.C. Law 19-171, § 55, 59 DCR 6190; May 5, 2018, D.C. Law 22-93, § 201(c)(28), 65 DCR 2823; May 18, 2022, D.C. Law 24-117, § 3(b)(1), 69 DCR 002653.)
Prior Codifications
1981 Ed., § 6-1961.
1973 Ed., § 6-1681.
Effect of Amendments
D.C. Law 14-199 added subsecs. (c) and (d).
D.C. Law 19-21 added subsec. (e).
The 2012 amendment by D.C. Law 19-169 substituted “an intellectual disability” for “mental retardation” in (a) and in the introductory language of (e)(1); substituted “degree of intellectual disability, or other disabling condition” for “degree of retardation, or handicapping condition” in (a) and (c); and substituted “individual” for “customer” or variants wherever it appears in (b).
The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction.
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 3(b)(1) 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 § 3(b)(1) 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 amendment of section, see § 505(m) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).
For temporary amendment of section, see § 4(e) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and § 4(e) of the Human Services Spending Reduction Congressional Recess Emergency Amendment Act of 1995 (D.C. Act 11-104, July 21, 1995, 42 DCR 4014).
For temporary amendment of section, see § 506(m) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
For temporary amendment of section, see § 506(n) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
For temporary (90 day) amendment of section, see § 2(p) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701).
For temporary (90 day) amendment of section, see § 2(p) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096).
Temporary Legislation
For temporary (225 day) amendment of section, see § 505(m) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
For temporary (225 day) amendment of section, see § 4(e) of Human Services Spending Reduction Temporary Amendment Act of 1995 (D.C. Law 11-29, July 25, 1995, law notification 42 DCR 4002).
Editor's Notes
Section 17(cc) of D.C. Law 19-169 substituted “Rights of Persons with Intellectual Disabilities” for “Rights of Mentally Retarded Persons” in the heading of subchapter 5.
Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.