Chapter 7C. Department on Disability Services.

§ 7–761.01. Short title.

This chapter may be cited as the “Department on Disability Services Establishment Act of 2006”.

§ 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;

(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;

(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

(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.

§ 7–761.03. Establishment and purpose of the Department on Disability Services.

Pursuant to § 1-204.04(b), the Department on Disability Services is established as a separate Cabinet-level agency, subordinate to the Mayor, within the executive branch of the District of Columbia, for the purpose of:

(1) Leading the reform of the District’s intellectual or developmental disabilities system by coordinating the collaborative efforts of government agencies, contractor providers, Medicaid waiver providers, labor, and community leaders to improve the care and habilitation services provided to individuals;

(2) Ensuring that District laws, regulations, programs, policies, and budgets are developed and implemented to promote inclusion and integration, independence, self-determination, choice, and participation in all aspects of community life for individuals with intellectual or developmental disabilities and their families; and

(3) Promoting the well-being of individuals with intellectual or developmental disabilities throughout their life spans, through the delivery of individualized, high-quality, safe services and supports.

(Mar. 14, 2007, D.C. Law 16-264, § 103, 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169, § 15(b), 59 DCR 5567; May 18, 2022, D.C. Law 24-117, § 2(b), 69 DCR 002653.)

Section References

This section is referenced in § 7-761.02 and § 7-1301.03.

Effect of Amendments

The 2012 amendment by D.C. Law 19-169, in (1), substituted “intellectual” for “mental retardation” and “individuals” for “consumers.”

Applicability

Applicability of D.C. Law 24-117: § 4 of D.C. Law 24-117 provided that the change made to this section by § 2(b) 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 day) addition, see § 103 of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).

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.

§ 7–761.04. Organization.

(a) The Department shall have sufficient staff, supervisory personnel, and resources to accomplish the purposes of this chapter.

(b) The Director shall have the authority to organize the Department as the Director may determine is necessary and appropriate to carry out the Department’s mission.

§ 7–761.05. Duties.

The Department shall:

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

(A) Chapter 13 of this title;

(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); and

(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 intellectual or 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 or 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;

(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 or 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 or 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.

(Mar. 14, 2007, D.C. Law 16-264, § 105, 54 DCR 818; Mar. 3, 2010, D.C. Law 18-111, § 5071(a), 57 DCR 181; Sept. 14, 2011, D.C. Law 19-21, § 5003, 58 DCR 6226; Feb. 26, 2015, D.C. Law 20-155, § 5002(b), 61 DCR 9990; May 18, 2022, D.C. Law 24-117, § 2(c), 69 DCR 002653.)

Effect of Amendments

D.C. Law 18-111, in par. (5), deleted “; and” from the end; in par. (6), substituted a semicolon for a period at the end; and added pars. (7) and (8).

D.C. Law 19-21 deleted “and” from the end of par. (7)(I); substituted “; and” for a period the end of par. (8); and added par. (9).

The 2015 amendment by D.C. Law 20-155 substituted “DCHF” for “MAA” in (4).

Applicability

Applicability of D.C. Law 24-117: § 4 of D.C. Law 24-117 provided that the change made to this section by § 2(c) 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 day) addition, see § 105 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 day) amendment of section, see § 5071(a) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 5071(a) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 days) amendment of this section, see § 5002(b) 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(b) 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(b) 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).

Short Title

Short title: Section 5070 of D.C. Law 18-111 provided that subtitle H of title V of the act may be cited as the “Department on Disability Services Reporting, Waiting List, and Assessment Amendment Act of 2009”.

§ 7–761.05a. Ticket to Work Employment Network Fund.

(a) There is established as a special fund the Ticket to Work Employment Network Fund (“Fund”), which shall be administered by DDS in accordance with subsection (c) of this section.

(b) The Fund shall consist of revenue from payments from the Social Security Administration as an Employment Network for the Ticket to Work and Self-Sufficiency Program, establish pursuant to the Ticket to Work and Work Incentives Improvement Act of 1999, approved December 17, 1999 (113 Stat. 1863; 42 U.S.C. § 1320b-19).

(c) The Fund shall be used for the Ticket to Work and Self-Sufficiency Program; provided, that to the extent that payments received from the Social Security Administration represent administrative or other fee payments, those amounts shall be available to DDS to defray the costs and expenses associated with administering the program or for any other purpose as determined by the Director.

(d)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization by Congress, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(Mar. 14, 2007, D.C. Law 16-264, § 105a; as added Dec. 24, 2013, D.C. Law 20-61, § 5032, 60 DCR 12472.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-61 added this section.

Emergency Legislation

For temporary (90 days) addition of this section, see § 5032 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) addition of this section, see § 5032 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 5031 of D.C. Law 20-61 provided that Subtitle D of Title V of the act may be cited as the “Developmental Disabilities Service Management Reform Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

§ 7–761.05b. Contribution to costs of supports.

(a) DDS shall collect the contribution to costs of supports from persons with intellectual or developmental disabilities who are:

(1) Medicaid Program-eligible but not eligible for the maximum Supplement Security Income or Social Security Disability Insurance payments; or

(2) Not Medicaid Program-eligible but otherwise have been found eligible to receive services from the Developmental Disabilities Administration.

(b) DDS shall collect the contribution to costs of supports under subsection (a) of this section only to the extent that DDS uses local dollars to fund the costs of occupancy.

§ 7–761.05c. Contribution to Costs of Supports Fund.

(a) There is established as a special fund the Contribution to Costs of Supports Fund ('Fund'), which shall be administered by DDS in accordance with subsection (c) of this section.

(b) The Fund shall consist of contributions to costs of supports collected by DDS from persons with intellectual or developmental disabilities pursuant to § 7-761.05b.

(c) The Fund shall be used by DDS to pay the costs of occupancy to persons with intellectual or developmental disabilities consistent with federal and local law and regulations.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

§ 7–761.06. Appointment and authority of the Director.

(a) The Department shall be headed by a Director who shall report to the Mayor. The Mayor shall appoint the Director with the advice and consent of the Council pursuant to § 1-523.01(a).

(b) The Director shall:

(1) Hold at least a master’s degree or its equivalent in human services, clinical services, human service management, public administration, social work, or a related field;

(2) Have relevant work experience; and

(3) Possess:

(A) Demonstrated knowledge of current best-practice policies, programs, services, and supports for individuals with intellectual or developmental disabilities;

(B) Familiarity with local and federal funding streams supporting services to people with intellectual or developmental disabilities; and

(c) The Director shall serve as the administrative chief of the Department, and may organize personnel, re-delegate authority, develop programs, and take any other action, including issuing grants and stipends, consistent with appropriations, as warranted to accomplish the purpose and mission of the Department or to satisfy the requirements of applicable court orders.

(d) The Mayor shall delegate to the Director all personnel authority, including full authority to hire, retain, and terminate personnel, and the Director shall exercise that personnel authority independent of the Office of Personnel and consistent with applicable court orders.

(e) The Mayor shall delegate to the Director all procurement authority, including contracting and contracting oversight, and the Director shall exercise that procurement authority independent of the Office of Contracting and Procurement and consistent with applicable court orders.

(f) The Mayor shall fix the compensation of the Director pursuant to subchapter X-A of Chapter 6 of Title 1 [§§ 1-610.51 — 1-610.63].

(Mar. 14, 2007, D.C. Law 16-264, § 106, 54 DCR 818; Feb. 26, 2015, D.C. Law 20-155, § 5002(c), 61 DCR 9990; May 18, 2022, D.C. Law 24-117, § 2(f), 69 DCR 002653.)

Effect of Amendments

The 2015 amendment by D.C. Law 20-155 added “including issuing grants and stipends” in (c).

Applicability

Applicability of D.C. Law 24-117: § 4 of D.C. Law 24-117 provided that the change made to this section by § 2(f) 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(b) 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(b) 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 § 106 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(c) 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(c) 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(c) 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).

§ 7–761.06a. Reporting requirements.

(a) The Mayor shall publish reports on persons seeking and receiving services from the Department. Each report shall provide a monthly and year-to-date statistical profile of:

(1) Persons who have applied for services, organized by:

(A) Referral source;

(B) Application status; and

(2) Eligible persons who have requested but not yet received one or more services, organized by service type;

(3) Persons receiving services, organized by service type; and

(4) Persons terminated from services, organized by reason for termination.

(b) The Mayor shall publish the reports required under subsection (a) of this section on a bimonthly basis throughout fiscal year 2010 and on a quarterly basis thereafter, no later than the 15th day following the end of the month or quarter for which the report is required.

§ 7–761.06b. Reports and notices to be made available to the public.

The Department shall make all reports and notices required under this chapter available on its website within one business day of publication, and shall provide copies to the public upon request.

§ 7–761.07. Medicaid services.

(a) The Department and DHCF shall enter into an agreement for the Department to direct policy development and design of services, rate-setting, and support provided under the home and community-based services waiver for Individuals with Intellectual and Developmental Disabilities or any other waiver targeted for people with intellectual or developmental disabilities and their families that is approved under section 1915(c) of the Social Security Act, approved August 13, 1981 (95 Stat. 809; 42 U.S.C. § 1369n); and policies, services, and supports related to the operation of intermediate care facilities for individuals with intellectual or developmental disabilities.

(b) Nothing in this chapter shall affect the status of the DHCF as the single state agency for the administration of the Medicaid Program under section 1902(a)(5) of the Social Security Act, approved July 30, 1965 (79 Stat. 344; 42 U.S.C. § 1396a(a)(5)).

(c) Within 90 days of May 18, 2022, the Mayor shall seek any amendments, waivers, or exemptions of federal statutes and regulations necessary to expand the People with Intellectual and Developmental Disabilities waiver and the Individual and Family Support waiver to include persons with developmental disabilities, as that term is defined in § 7-761.02(3A)

(Mar. 14, 2007, D.C. Law 16-264, § 107, 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169, § 15(c), 59 DCR 5567; Feb. 26, 2015, D.C. Law 20-155, § 5002(d), 61 DCR 9990; May 18, 2022, D.C. Law 24-117, § 2(g), 69 DCR 002653.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-169 substituted “intellectual or developmental disabilities” for “mental retardation” in (a).

The 2015 amendment by D.C. Law 20-155 rewrote (a); and substituted “DCHF” for “Medical Assistance Administration” in (b).

Applicability

Applicability of D.C. Law 24-117: § 4 of D.C. Law 24-117 provided that the change made to this section by § 2(g) 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(c) 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(c) 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 § 107 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(d) 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(d) 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(d) 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.

§ 7–761.08. Transfers of authority.

(a) All real or personal property, leased or assigned to the Department of Human Services on behalf of the Mental Retardation and Developmental Disabilities Administration, positions, assets, records, and obligations, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to those powers, duties, functions, and operations of the DHS as set forth in, and utilized to carry out, section III(U) of part B of subchapter IV of Chapter 15 of Title 1, [§ 1-1504.02], relating to MRDDA, are transferred to the Department.

(b) No later than June 30, 2007, all real or personal property, leased or assigned to the Department of Human Services on behalf of the Rehabilitation Services Administration, positions, assets, records, and obligations, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to those powers, duties, functions, and operations of the DHS as set forth in, and utilized to carry out, section III(V) of part B of subchapter IV of Chapter 15 of Title 1 [of the Reorganization Plan No. 3 of 1986 [§ 1-1504.02], effective January 3, 1987] and those functions and operations of the DHS pertaining only to social security disability and social security income eligibility determinations as set forth in, and utilized to carry out, section III(T) of part B of subchapter IV of Chapter 15 of Title 1 [§ 1-1504.02], relating to RSA, shall be transferred to the Department.

(c) The Chief Financial Officer shall promptly create within the system of accounting and reporting a separate account for the appropriations and expenditures of the Department, distinct from the accounts of DHS.

(d)(1) All of the authority and functions of the DHS as set forth in section III(U) of part B of subchapter IV of Chapter 15 of Title 1 [§ 1-1504.02], are transferred to the Department.

(2) No later than June 30, 2007, all of the authority and functions of the DHS as set forth in section III(V) of part B of subchapter IV of Chapter 15 of Title 1 [§ 1-1504.02], and the authority and functions pertaining to social security disability and social security income eligibility determinations as set forth in section III(T) of part B of subchapter IV of Chapter 15 of Title 1 [§ 1-1504.02], shall be transferred to the Department.

§ 7–761.09. Rulemaking and contracting authority.

(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules as necessary to implement the provisions of this chapter.

(a-1)(1) Within 45 days after October 8, 2016, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of §§ 7-761.05b and 7-761.05c, including rules establishing who has the ability to pay the contribution to costs of supports, the amount to be collected, the method and timing of payments to DDS for such purposes, and due process protections.

(2) The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within this 45-day period of review, the proposed rules shall be deemed approved.

(a-2)(1) Within 45 days after May 5, 2018, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of § 7-761.13.

(a-3) Within 120 days of federal approval of the Medicaid waiver amendment contemplated under § 7-761.07(c), the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement § 7-761.07(c).

(b) Pursuant to Unit A of Chapter 3 of Title 2, the Mayor may execute contracts, grants, and other legally binding documents to implement the provisions of this chapter.

(Mar. 14, 2007, D.C. Law 16-264, § 109, 54 DCR 818; Oct. 8, 2016, D.C. Law 21-160, § 5022(c), 63 DCR 10775; May 5, 2018, D.C. Law 22-93, § 101(b), 65 DCR 2823; May 18, 2022, D.C. Law 24-117, § 2(h), 69 DCR 002653.)

Applicability

Applicability of D.C. Law 24-117: § 4 of D.C. Law 24-117 provided that the change made to this section by § 2(h) 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 day) addition, see § 109 of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).

§ 7–761.10. Delegation and redelegation of authority.

The Department and its Director shall be the successors to all intellectual or developmental disabilities-related authority delegated to the DHS and its Director, and the Director of the Department shall be authorized to act, either personally or through a designated representative, as a member of any committees, commissions, boards, or other bodies that include as a member the Director of the DHS with respect to intellectual or developmental disabilities-related authority.

(Mar. 14, 2007, D.C. Law 16-264, § 110, 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169, § 15(d), 59 DCR 5567; May 18, 2022, D.C. Law 24-117, § 2(i), 69 DCR 002653.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-169 twice substituted “intellectual” for “mental retardation”.

Applicability

Applicability of D.C. Law 24-117: § 4 of D.C. Law 24-117 provided that the change made to this section by § 2(i) 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 day) addition, see § 110 of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).

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.

Mayor's Orders

Establishment of the State Independent Living Council as an Independent Commission, see Mayor’s Order 2010-105, June 25, 2010 ( 57 DCR 5554).

§ 7–761.11. Rescission.

All organizational orders and parts thereof in conflict with any of the provisions of this chapter are rescinded, except that any regulations adopted or promulgated by virtue of the authority granted by such orders shall remain in force until revised, amended, or repealed.

§ 7–761.12. Family Support Council.

(a) The Director shall establish a Family Support Council to assist, within available appropriations, the Department and other agencies to develop systems of support for families throughout the lifespans of their family members with intellectual or developmental disabilities.

(b) The Family Support Council shall be composed of 11 members, of whom the majority shall be people with intellectual or developmental disabilities and their family members.

(c) No later than one year following February 26, 2015, the Department shall publish operating procedures for the Family Support Council, and the Director shall appoint the initial Family Support Council members.

(Mar. 14, 2007, D.C. Law 16-264, § 112; as added Feb. 26, 2015, D.C. Law 20-155, § 5002(e), 61 DCR 9990; May 18, 2022, D.C. Law 24-117, § 2(j), 69 DCR 002653.)

Applicability

Applicability of D.C. Law 24-117: § 4 of D.C. Law 24-117 provided that the change made to this section by § 2(j) 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) addition of this section, see § 5002(e) 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) addition of this section, see § 5002(e) 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) addition of this section, see § 5002(e) 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).

§ 7–761.13. Formal complaints.

(a) The Department shall:

(1) Establish a process for the resolution of formal complaints, including formal complaints filed with a provider, which shall include, at a minimum:

(A) The opportunity for any person, or a third party with the person's consent, to file a formal complaint with DDS or a provider;

(B) Assistance for a person who needs help filing his or her formal complaint, orally or in writing;

(C) The right of a person to be assisted by a family member, friend, attorney, or any other representative throughout the formal complaint process;

(D) Definite time frames for each stage of the formal complaint resolution process;

(E) A requirement that services and supports continue without limitation, reduction, or termination pending the resolution of a formal complaint regarding those services or supports;

(F) Requirements for education and assistance to persons, provider staff, and third parties about individual rights and the formal complaint process;

(G) An explanation of the appeal process available if the person is dissatisfied with the outcome of the formal complaint process; and

(H) Prohibitions on retaliatory actions such as reprisal, restraint, interference, coercion, or discrimination by DDS or a provider against a person who files a formal complaint;

(2) Establish a peer support pilot program to assist people with intellectual or developmental disabilities throughout the formal complaint process; and

(3) Publish an annual report regarding the peer support pilot program described in paragraph (2) of this subsection, which shall include recommendations regarding how to improve the peer support pilot program.

(b)(1) Any formal complaint filed with DDS shall receive a prompt review by the Director, or the Director's designee, who shall refer the formal complaint to an external reviewer in accordance with rules issued pursuant to § 7-761.09(a-2).

(2) If a formal complaint is referred to an external reviewer, the external reviewer shall:

(A) Facilitate informal resolution of the formal complaint; or

(B) If such informal resolution is not possible, determine:

(i) Whether the Director should sustain or deny the formal complaint; and

(ii) If the external reviewer determines that the Director should sustain the formal complaint, how DDS should remedy any problems raised in the formal complaint.

(3) After completing a timely examination of a formal complaint, the external reviewer shall submit a written report to the Director and the person who filed the formal complaint describing the outcome of the external review process.

(c) Nothing in this section shall be construed to restrict or limit the rights, procedures, and remedies available under federal or District law protecting the rights of persons receiving services through DDS or a provider.

(d) Any person aggrieved by an action of DDS taken pursuant to this section may appeal the action of DDS to the Office of Administrative Hearings pursuant to § 2-1831.02(a).

(e) If a person files a formal complaint with DDS pursuant to this section that is substantially similar to a case that the person previously initiated in the Superior Court of the District of Columbia or the Office of Administrative Hearings, DDS shall deny the formal complaint.

(f) For the purposes of this section, the term "provider" means an entity that is responsible for providing residential or day services to people supported by the Developmental Disabilities Administration of DDS.