2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7C - Department on Disability Services › § 7–761.02. Definitions

§ 7–761.02. Definitions.
For the purposes of this chapter, the term:
(1) "Community-based services" means specialized or generic services for the evaluation, care, and habilitation of persons with intellectual or developmental disabilities, in a community setting, directed toward the intellectual, social, personal, physical, emotional, or economic development of a person with an intellectual or developmental disability. The services shall include diagnosis, evaluation, treatment, day habilitation, training, education, supported employment, recreation, counseling of the person with an intellectual or developmental disability and his or her family, protective and other social and socio-legal services, information and referral, and transportation to assure delivery of services to persons of all ages with intellectual or developmental disabilities.
(2) “Consumer” means a resident of the District of Columbia who is receiving, or eligible to receive, services from the Department on Disability Services.
(2A) "Contribution to costs of supports" means full or partial payment by persons with intellectual or developmental disabilities or their estate for the locally funded supports and services provided by the Developmental Disabilities Administration.
(2B) "Costs of occupancy" means:
(A) Rent;
(B) Other personal expenses, including food, clothing, and medical costs;
(C) Supplies, furnishings, and equipment;
(D) Communications; and
(E) Other supports.
(3) “Department” or “DDS” means the Department on Disability Services established by § 7-761.03.
(3A) "Developmental disability" means a severe and chronic disability of a person that:
(A) Is attributable to a mental or physical impairment, other than the sole diagnosis of mental illness, or to a combination of mental and physical impairments;
(B) Is manifested before 22 years of age;
(C) Is likely to continue indefinitely;
(D) Results in substantial functional limitations in 3 or more of the following areas of major life activity:
(i) Self-care;
(ii) Understanding and use of language;
(iii) Functional academics;
(iv) Social skills;
(v) Mobility;
(vi) Self-direction;
(vii) Capacity for independent living; or
(viii) Health and safety; and
(E) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are person-centered, planned, and coordinated.
(3B) “DHCF” means the Department of Health Care Finance as established by § 7-771.02.
(4) “DHS” means the Department of Human Services.
(5) “Director” means the Director of the Department on Disability Services.
(5A) "External reviewer" means a person, selected by the Director to provide review and resolution of formal complaints, who has:
(A) Extensive experience in alternative dispute resolution;
(B) Experience working with people with intellectual or developmental disabilities; and
(C) An understanding of DDS.
(5B)(A) "Formal complaint" means a statement by a person of his or her dissatisfaction with DDS or a provider, including the denial of any services and supports under this chapter or other applicable law.
(B) For the purposes of this paragraph, the term "provider" shall have the same meaning as provided in § 7-761.13(f).
(6) “Habilitation” means the process by which a person is assisted to acquire and maintain those life skills which enable him or her to cope more effectively with the demands of his or her own person and of his or her own environment, including, in the case of a person committed under § 7-1304.06a, to refrain from committing crimes of violence or sex offenses, and to raise the level of his or her physical, intellectual, social, emotional, and economic efficiency. The term “habilitation” includes, but is not limited to, the provision of community-based services.
(7) “Home and community-based services waiver” means a Medicaid home and community-based services waiver approved under section 1915(c) of the Social Security Act, approved August 13, 1981 (95 Stat. 809; 42 U.S.C. § 1396n).
(7A) "Intellectual disability" or "persons with intellectual disabilities" means a person that is diagnosed before 22 years of age with an intellectual disability as set forth in the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
(8) Repealed.
(9) “Medical Assistance Program” and “Medicaid Program” mean the program described in the Medicaid State Plan and administered by the DHCF pursuant to § 1-307.02(b), and Title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396 et seq.).
(10) Repealed.
(11) Repealed.
(12) “Resident of the District of Columbia” shall have the same meaning as provided in § 7-1301.03(22).
(13) “RSA” means the Rehabilitation Services Agency within the Department of Human Services.
(Mar. 14, 2007, D.C. Law 16-264, § 102, 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169, § 15(a), 59 DCR 5567; Feb. 26, 2015, D.C. Law 20-155, § 5002(a), 61 DCR 9990; Oct. 8, 2016, D.C. Law 21-160, § 5022(a), 63 DCR 10775; May 5, 2018, D.C. Law 22-93, § 101(a), 65 DCR 2823; May 18, 2022, D.C. Law 24-117, § 2(a), 69 DCR 002653.)
Effect of Amendments
The 2012 amendment by D.C. Law 19-169, in (1), substituted “persons with intellectual disabilities” for “persons with mental retardation” in the first sentence, substituted “person with an intellectual disability” for “person with mental retardation” in the first and second sentences, and substituted “intellectual disabilities” for “mental retardation” at the end of the second sentence; added (7A); and repealed (10) and (11), which formerly read: “(10) ‘Mental retardation’ or ‘persons with mental retardation’ means a substantial limitation in capacity that manifests before 18 years of age and is characterized by significantly subaverage intellectual functioning, existing concurrently with 2 or more significant limitations in adaptive functioning. (11) ‘MRDDA’ means the former Mental Retardation and Developmental Disabilities Administration within the Department of Human Services.”
The 2015 amendment by D.C. Law 20-155 added (3A); repealed (8); and substituted “DCHF” for “Medical Assistance Administration” in (9).
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(a) 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(a) 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 days) amendment of this section, see § 3054(a) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).
For temporary (90 days) amendment of this section, see § 3054(a) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).
For temporary (90 day) addition, see § 102 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 days) amendment of this section, see § 5002(a) 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(a) 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(a) 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).
Editor's Notes
Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.