Code of the District of Columbia

§ 7–1305.04. Comprehensive evaluation and individual habilitation plan.

(a)(1) Before each person's commitment under this chapter, the person shall receive, pursuant to § 7-1304.03, a comprehensive evaluation or screening and an individual habilitation plan.

(2) All individual habilitation plans shall include:

(A) Current information on whether the person has the capacity to grant, refuse, or withdraw consent to any ongoing medical treatment and:

(i) Has executed or could execute a durable power of attorney in accordance with § 21-2205; or

(ii) Has an person reasonably available, mentally capable, and willing to provide substituted consent pursuant to § 21-2210; and

(B) A current durable power of attorney or, in the absence of a durable power of attorney, documentation that the person has been offered an opportunity to execute a durable power of attorney pursuant to § 21-2205 and has declined.

(3) Annual reevaluations or screenings of the person shall be provided as determined by the person's interdisciplinary team. Annual reevaluations and screenings shall include a review of and update to the individual habilitation plan on whether the person:

(A) Has the capacity to grant, refuse, or withdraw consent to any ongoing medical treatment;

(B) Has executed or could execute a durable power of attorney in accordance with § 21-2205;

(C) Has been offered an opportunity to execute a durable power of attorney pursuant to § 21-2205 and declined; or

(D) Has an individual reasonably available, mentally capable, and willing to provide substituted consent pursuant to § 21-2210.

(4) By April 15, 2009, the DDS shall establish written procedures for incorporating a review of all mental-health services, including psychotropic medications, behavioral plans, and any other psychiatric treatments, into the annual reevaluations and screenings conducted by the person's interdisciplinary team.

(5) Nothing in this subsection shall be construed as requiring any person to execute a durable power of attorney for health care.

(b) Within 10 days of a person's commitment pursuant to § 7-1304.03, the Department on Disability Services shall:

(1) Designate each professional or staff member who is responsible for implementing or overseeing the implementation of a person's individual habilitation plan;

(2) Designate each District agency, private agency, or service responsible for providing the habilitation included in the plan; and

(3) Specify the role and objectives of each District agency, private agency, or service with respect to the plan.

(c) To the extent of funds appropriated for the purposes of this chapter, each person shall receive habilitation, care, or both consistent with the recommendations included in the person's individual habilitation plan. The Department on Disability Services shall set standards for habilitation and care provided to such persons, consistent with standards set by the Council on Quality and Leadership, including staff-person and professional-person ratios.

(d)(1) Notwithstanding the availability of an appropriation to carry out the purposes of this chapter, effective January 1, 2012, a District resident with intellectual disability who is otherwise eligible to receive supports and services from the District pursuant to this chapter, consistent with the recommendations included in the individual habilitation plan, 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.