Code of the District of Columbia

§ 7–761.05. Duties.

The Department shall:

(1) Provide services and supports to consumers in accordance with:

(A) Chapter 13 of this title; and

(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);

(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 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 and 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 and 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 and 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.