District of Columbia Administrative Code

1704 ASSIGNMENT OF SUPPORT RIGHTS 1704.1 The Department shall, where appropriate, secure an assignment of rights from a parent whose child is in the custody of a person or agency receiving foster care maintenance payments under Part E of Title 4 of the Social Security Act, approv…

1705 RECIPROCAL INFORMATION 1705.1 The Department shall transmit a copy of District of Columbia child support enforcement laws, and any subsequent changes therein, to the state information agency of every other state which has adopted similar laws. 1705.2 The department shall mai…

1706 RETURN OF OVERPAYMENTS 1706.1 The Department shall return to the obligor any overpayment of support submitted to the Department within thirty (30) workings days of receipt of written notice and sufficient documentation of an alleged overpayment. 1706.2 The overpayment refund…

1707 COOPERATION IN ESTABLISHING PATERNITY AND OBTAINING SUPPORT 1707.1 The Child Support Enforcement Division of the Office of Corporation Counsel (“CSED”) shall determine whether an applicant or recipient is cooperating in good faith by applying the standards set forth under th…

1708 NOTICES REGARDING COOPERATION AND GOOD CAUSE FOR REFUSAL TO COOPERATE 1708.1 Before requiring cooperation, as set forth in §1708 of the District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101, D.C. Code, 2001 Ed. §4-217.08), IMA shall noti…

1709 GOOD CAUSE FOR REFUSING TO COOPERATE; CIRCUMSTANCES 1709.1 Good cause for an applicant’s or a recipient’s refusal to cooperate, as required by §1707 of this chapter shall be found to exist if: (a) Efforts to cooperate are reasonably anticipated to result in physical, sexual,…

1710 REQUIREMENTS OF APPLICANT OR RECIPIENT IN CLAIMING GOOD CAUSE FOR REFUSING TO COOPERATE 1710.1 An applicant for or recipient of assistance who refuses to cooperate and who claims to have good cause for such refusal has the burden of establishing the existence of a good cause…

1711 RESPONSE TO A CLAIM OF GOOD CAUSE 1711.1 If the applicant or recipient claims good cause for noncooperation, CSED shall suspend all paternity establishment, support order establishment, and modification or enforcement in the child support case that is the subject of the clai…

1712 PROOF OF GOOD CAUSE CLAIM 1712.1 An applicant or recipient claiming good cause shall provide substantiating evidence as set forth in §1712.3 within twenty (20) calendar days from the date the claim of good cause is made. 1712.2 In exceptional cases, where the applicant or re…

1713 PROCEDURES FOR FINDING GOOD CAUSE 1713.1 CSED shall make a determination whether good cause exists no later than one hundred and eighty (180) days from the day that an applicant or recipient makes such a claim. 1713.2 CSED may make a determination after the one hundred and e…

1714 CONSEQUENCES OF A FINDING THAT GOOD CAUSE EXISTS 1714.1 If CSED determines that the applicant or recipient has good cause for non-cooperation, CSED shall suspend action on the applicant’s or recipient’s paternity or child support case until the applicant or recipient request…

1715 CONSEQUENCES OF A FINDING THAT GOOD CAUSE DOES NOT EXIST 1715.1 A determination that good cause does not exist shall be in writing and contain CSED’s findings and the basis for the determination. The determination shall be given to the applicant or recipient in question. 171…

1799 DEFINITIONS 1799.1 For purposes of Chapter 17 of this Title, the following terms shall have the meanings ascribed: Caretaker - A parent, relative, guardian, or other person whose needs are included in a public assistance payment for a dependent child and who is using those p…

1800 GENERAL PROVISIONS 1800.1 This chapter establishes uniform requirements for transferring money or other things of value to recipients outside the District government, where the Department is authorized to make grants. 1800.2 The Director of the Department of Health Care Fina…

1801 GRANT OFFICER 1801.1 The Director shall appoint a Grant Officer who shall serve as the Department’s point of contact for grant making activities and shall forward the Grant Officer’s name to the Office of the City Administrator and the Office of Partnership and Grant Service…

1802 PRE-AWARD PROCESS 1802.1 Except as provided in Section 1803, all local or federal grants and subgrants to grantees shall be made on a competitive basis. 1802.2 Grant funds awarded as a result of a grant competition must be competed each successive grant term unless: (a) The …

1803 EXCEPTED AWARDS 1803.1 The Department may make a grant award on a sole source basis in appropriate circumstances as determined by the Director in his/her sole discretion that include, but are not limited to: (a) The authorization for the award designates the grantee; (b) The…

1804 PERFORMANCE STANDANDS 1804.1 The Department shall establish standards for grantees in making determinations of demonstrated performance prior to the award of grants and subgrants. 1804.2 Determinations of demonstrated performance shall be in writing and take into considerati…

1805 NOTICE OF FUNDS AVAILABILITY (NOFA) 1805.1 Before making a grant or subgrant, the Department shall prepare a Notice of Funds Availability (NOFA) which shall include: (a) A brief description of the purposes for which funds are available; (b) The criteria for eligible applican…

1806 REQUEST FOR APPLICATION (RFA) 1806.1 The Department shall prepare an RFA consistent with the OPGS Grants Manual, which shall include: A description of the purpose of the program, including a definition of the type and range of services and activities that a grantee or subgra…

1807 APPLICATION SUBMISSION 1807.1 The applicant shall submit a complete application packet on or before the deadline for submission as specified in the RFA. 1807.2 An application submitted after the deadline for submission specified in the RFA will not be considered. 1807.3 A co…

1808 APPLICATION REVIEW 1808.1 After the NOFA has been published and the RFA released, the Department shall appoint a review panel comprised of a minimum of three individuals. 1808.2 Each review panelist shall: Have knowledge and expertise in the objectives of the grant, the RFA …

1809 CERTIFICATION OF FUNDS AVAILABILITY 1809.1 Before an award can be given final approval and deemed formally awarded, the Department’s Grant Officer shall obtain a Certification, approved by the Office of the Chief Financial Officer, indicating that the grant amount has been a…

1810 NOTICE OF GRANT AWARD (NOGA) 1810.1 Prior to issuing award documents to successful applicants, the Department shall notify in writing each applicant whose application was not selected for award; 1810.2 The Department shall prepare and issue the award documents to the prospec…

1811 GRANTEE AND SUBGRANTEE RESPONSIBILITIES 1811.1 The grantee shall charge only those costs that are consistent with the allowable cost provisions of the respect grant or subgrant, including guidelines issued by the Department. 1811.2 The grantee shall grant reasonable access t…

1812 GRANT MANAGEMENT AND MONITORING 1812.1 The Department shall develop and implement a plan to appropriately monitor all grantees to ensure that all grantees perform in accordance with the terms, conditions and specifications of their grants or subgrants. 1812.2 The Department …

1813 GRANT CLOSE OUT 1813.1 All grantees and subgrantees are subject to audit in connection with the close out of the grant. 1813.2 A grantee or subgrantee that has been designated high risk, or has expended $500,000 more in grant funds during the grant year, an independent and i…

1814 DISALLOWED COSTS 1814.1 Costs charged to a grant or subgrant that do not comply with the terms of the award are subject to disallowance. 1814.2 Upon discovery of a disallowable cost, the Department shall notify the grantee in writing and specify the amount of the disallowabl…

1815 RECORDS AND DISPUTES 1815.1 The Department shall establish and maintain the official records of awarded grants or subgrants. 1815.2 The Department shall retain the records of all awarded applications and subsequent reports for a period that is the greater of: (a) Three (3) y…

1899 DEFINITIONS When used in this chapter the following terms shall have the meanings ascribed: Application Package – A group of specific forms and documents for a specific funding opportunity, which are used to apply for a grant. Disallowed Costs – Charges to a grant award that…

1900 GENERAL PROVISIONS The purpose of this chapter is to establish criteria governing Medicaid eligibility for services under the Home and Community-Based Services (HCBS) Waiver for Individuals with Intellectual and Developmental Disabilities (Waiver) and to establish conditions…

1901 COVERED SERVICES AND RATES 1901.1 Services available under the IDD Waiver shall include the following: Assistive Technology Services, 29 DCMR § 1941; Behavioral Support Services, 29 DCMR § 1919; Companion Services, 29 DCMR § 1939; Creative Arts Therapies Services, 29 DCMR § …

1902 ELIGIBILITY REQUIREMENTS 1902.1 Any person who currently receives services from DDS/DDA and who meets the following requirements shall be eligible to receive Waiver services: Has a special income level up to three hundred percent (300%) of the SSI federal benefit, or is aged…

1903 LEVEL OF CARE AND FREEDOM OF CHOICE The DC Level of Need (LON) is a comprehensive assessment tool, initiated by the Service Coordinator and completed with the person, their advocate and other members of their support team who serve as the resource for providing the informati…

1904 PROVIDER QUALIFICATIONS 1904.1 Home and Community-Based Services (HCBS) Waiver provider agencies shall complete an application to participate in the Medicaid Waiver program and shall submit to DDS both the Medicaid provider enrollment application and the following organizati…

1905 PROVIDER ENROLLMENT PROCESS 1905.1 Prospective providers shall send a letter of intent to DDA to enroll as a Medicaid provider of Waiver services to the Letter of Intent mailbox at HYPERLINK "mailto:letterofintent.potentialproviders@dc.gov" letterofintent.potentialproviders@…

1906 REQUIREMENTS FOR DIRECT SUPPORT PROFESSIONALS 1906.1 The basic requirements for all employees and volunteers providing direct services, with the exception of peer support employees as set forth in subsection 1906.3, are as follows: Be at least eighteen (18) years of age; Obt…

1907 INDIVIDUAL SUPPORT PLAN (ISP) 1907.1 The ISP is the plan that identifies the supports and services to be provided to the person and the evaluation of the person’s progress on an on-going basis to assure that the person’s needs and desired outcomes are being met, based on wha…

1908 REPORTING REQUIREMENTS 1908.1 Each Waiver provider shall submit quarterly reports to the DDS Service Coordinator no later than seven (7) business days after the end of the first quarter, and each subsequent quarter thereafter. 1908.2 For purposes of reporting, the first quar…

RECORDS AND CONFIDENTIALITY OF INFORMATION 1909.1 Each Waiver provider shall allow appropriate personnel of DHCF, DDS and other authorized agents of the District of Columbia government or of other jurisdictions where services are provided, and the federal government full access, …

1910 PERSONAL CARE SERVICES 1910.1 The purpose of this section is to establish standards governing Medicaid eligibility for personal care services for individuals enrolled in the Home and Community-Based Services Waiver for Individuals with Intellectual and Developmental Disabili…

1911 INDIVIDUAL RIGHTS Each Waiver provider shall develop and adhere to policies which ensure that each person receiving services has the right to the following: Be treated with courtesy, dignity, and respect; Direct the person-centered planning of his or her supports and service…

1912 INITIATING, CHANGING, OR TERMINATING ANY APPROVED SERVICE A provider shall hold a support team meeting and provide each person receiving Waiver services at least thirty (30) calendar days advance written notice of intent to initiate, suspend, reduce, or terminate services an…

1913 ONE-TIME TRANSITIONAL SERVICES This section establishes the conditions of participation for Medicaid providers enumerated in § 1913.6 (Medicaid Providers) to provide one-time transitional (OTT) services to persons enrolled in the Home and Community-Based Services Waiver for …

1914 [REPEALED] SOURCE: Final Rulemaking published at 55 DCR 2290 (March 7, 2008); as amended by Final Rulemaking published at 61 DCR 2108 (March 14, 2014); as amended by Final Rulemaking published at 62 DCR 15321 (November 27, 2015); as amended by Final Rulemaking published at 6…

1915 HOST HOME WITHOUT TRANSPORTATION SERVICES 1915.1 The purpose of this section is to establish standards governing Medicaid eligibility for host home without transportation services under the Home and Community-Based Services Waiver for Individuals with Intellectual and Develo…

IN-HOME SUPPORTS SERVICES 1916.1 The purpose of this section is to establish standards governing Medicaid eligibility for in-home supports services for persons enrolled in the Home and Community-Based Services Waiver for Individuals with Intellectual and Developmental Disabilitie…

1917 [REPEALED]. SOURCE: Final Rulemaking published at 55 DCR 2902 (March 21, 2008); as amended by Final Rulemaking published at 61 DCR 1650 (February 28, 2014); as amended by Final Rulemaking published at 62 DCR 15324 (November 27, 2015). District of Columbia Municipal Regulatio…

1918 CREATIVE ARTS THERAPIES The purpose of this section is to establish standards governing Medicaid eligibility for Creative Arts Therapies services for persons enrolled in the Home and Community-Based Services Waiver for Individuals with Intellectual and Developmental Disabili…

1919 BEHAVIORAL SUPPORT SERVICES 1919.1 The purpose of this section is to establish standards governing Medicaid eligibility for behavioral support services for persons enrolled in the Home and Community-Based Services Waiver for Individuals with Intellectual and Developmental Di…