D.C. Law 24-117. Developmental Disability Eligibility Reform Amendment Act of 2022.
AN ACT
To amend the Department on Disability Services Establishment Act of 2006 to include persons with developmental disabilities as eligible for services provided by the Department on Disability Services and its Developmental Disabilities Administration and to require the Mayor to seek any waivers and exemptions from federal statutes, rules, and regulations necessary to expand the People with Intellectual and Developmental Disabilities waiver and the Individual and Family Supports waiver to include persons with developmental disabilities; and to amend the Citizens with Intellectual Disabilities Constitutional Rights and Dignity Act of 1978 to include persons with developmental disabilities.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Developmental Disability Eligibility Reform Amendment Act of 2022".
Sec. 2. The Department on Disability Services Establishment Act of 2006, effective March 14, 2007 (D.C. Law 16-264; D.C. Official Code § 7-761.01 et seq.), is amended as follows:
(a) Section 102 (D.C. Official Code § 7-761.02) is amended as follows:
(1) Paragraph (1) is amended to read as follows:
"(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) Paragraph (2A) is amended by striking the phrase "intellectual disabilities" and inserting the phrase "intellectual or developmental disabilities" in its place.
(3) The existing paragraph (3A) is redesignated as paragraph (3B).
(4) A new paragraph (3A) is added to read as follows:
"(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.".
(5) Paragraph (5A)(B) is amended by striking the phrase "intellectual disabilities" and inserting the phrase "intellectual or developmental disabilities" in its place.
(6) Paragraph (7A) is amended to read as follows:
"(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.".
(b) Section 103 (D.C. Official Code § 7-761.03) is amended as follows:
(1) Paragraph (1) is amended by striking the phrase "intellectual and" and inserting the phrase "intellectual or" in its place.
(2) Paragraph (2) is amended by striking the phrase "developmental disabilities" and inserting the phrase "intellectual or developmental disabilities" in its place.
(3) Paragraph (3) is amended by striking the phrase "developmental disabilities" and inserting the phrase "intellectual or developmental disabilities" in its place.
(c) Section 105 (D.C. Official Code § 7-761.05) is amended as follows:
(1) Paragraph (1) is amended as follows:
(A) Subparagraph (A) is amended by striking the phrase "; and" and inserting a semi-colon in its place.
(B) Subparagraph (B) is amended by striking the semi-colon and inserting the phrase "; and" in its place.
(2) A new Subparagraph (C) is added to read as follows:
"(C)
(2) Paragraph (6) is amended by striking the phrase "developmental disabilities" and inserting the phrase "intellectual or developmental disabilities" in its place.
(3) Paragraph (7) is amended by striking the phrase "intellectual and" and inserting the phrase "intellectual or" in its place.
(4) Paragraph (8) is amended by striking the phrase "intellectual and" and inserting the phrase "intellectual or" in its place.
(d) Section 105b(a) (D.C. Official Code § 7-761.05b(a)) is amended by striking the word "intellectual" and inserting the phrase "intellectual or developmental" in its place.
(e) Section 105c (D.C. Official Code § 7-761.05c) is amended as follows:
(1) Subsection (b) is amended by striking the word "intellectual" and inserting the phrase "intellectual or developmental" in its place.
(2) Subsection (c) is amended by striking the word "intellectual" and inserting the phrase "intellectual or developmental" in its place.
(f) Section 106(b)(3) (D.C. Official Code § 7-761.06(b)(3)) is amended as follows:
(1) Subparagraph (A) is amended by striking the phrase "developmental disabilities" and inserting the phrase "intellectual or developmental disabilities" in its place.
(2) Subparagraph (B) is amended by striking the phrase "developmental disabilities" and inserting the phrase "intellectual or developmental disabilities" in its place.
(g) Section 107 (D.C. Official Code § 7-761.07) is amended as follows:
(1) Subsection (a) is amended to read as follows:
"(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.".
(2) A new subsection (c) is added to read as follows:
"(c) Within 90 days of the effective date of the Developmental Disability Eligibility Reform Amendment Act of 2022, passed on 2nd reading on March 1, 2022 (Enrolled version of Bill 24-268), 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
(h) Section 109 (D.C. Official Code § 7-761.09) is amended by adding a new subsection (a-3) to read as follows:
"(a-3) Within 120 days of federal approval of the Medicaid waiver amendment contemplated under
(i) Section 110 (D.C. Official Code § 7-761.10) is amended by striking the phrase "intellectual and" both times it appears and inserting the phrase "intellectual or" in its place.
(j) Section 112 (D.C. Official Code § 7-761.12) is amended as follows:
(1) Subsection (a) is amended by striking the phrase "intellectual and" and inserting the phrase "intellectual or" in its place.
(2) Subsection (b) is amended by striking the phrase "developmental disabilities" and inserting the phrase "intellectual or developmental disabilities" in its place.
(k) Section 113(a)(2) (D.C. Official Code § 7-761.13(a)(2)) is amended by striking the word "intellectual" and inserting the phrase "intellectual or developmental" in its place.
Sec. 3. The Citizens with Intellectual Disabilities Constitutional Rights and Dignity Act of 1978, effective March 3, 1979 (D.C. Law 2-137; D.C. Official Code § 7-1301.02 et seq.), is amended as follows:
(a) Title I is amended as follows:
(1) Section 102 (D.C. Official Code § 7-1301.02) is amended by striking the word "intellectual" wherever it appears and inserting the phrase "intellectual or developmental" in its place.
(2) Section 103 (D.C. Official Code § 7-1301.03) is amended as follows:
(A) Paragraph (5) is amended to read as follows:
"(5) "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 who have intellectual or developmental disabilities.".
(B) A new paragraph (8D) is added to read as follows:
"(8D) "Developmental disabilities" 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.".
(C) Paragraph (12) is amended by striking the phrase "intellectual disability" and inserting the phrase "intellectual or developmental disability" in its place.
(D) Paragraph (13) is amended by striking the word "intellectual" and inserting the phrase "intellectual or developmental" in its place.
(E) Paragraph (15A) is amended to read as follows:
"(15A) "Intellectual disability" or "persons with intellectual disabilities" means a person 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.".
(F) Paragraph (20) is amended to by striking the word "intellectual" and inserting the phrase "intellectual or developmental" in its place.
(G) Paragraph (22) is amended to by striking the word "intellectual" wherever it appears and inserting the phrase "intellectual or developmental" in its place.
(b) Title V is amended as follows:
(1) Section 501 (D.C. Official Code § 7-1305.01) is amended as follow:
(A) Subsection (a) is amended by striking the word "intellectual" both times it appears and inserting the phrase "intellectual or developmental" in its place.
(B) Subsection (e)(1) is amended by striking the word "intellectual" and inserting the phrase "intellectual or developmental" in its place.
(2) Section 504(d)(1) (D.C. Official Code § 7-1305.04(d)(1)) is amended by striking the word "intellectual" and inserting the phrase "intellectual or developmental" in its place.
(3) Section 513(a) (D.C. Official Code § 7-1305.13(a)) is amended by striking the word "intellectual" and inserting the phrase "intellectual or developmental" in its place.
(4) Section 514(a) (D.C. Official Code § 7-1305.14(a)) is amended by striking the word "intellectual" and inserting the phrase "intellectual or developmental" in its place.
(c) Title VI is amended as follows:
(1) A new section 602a is added to read as follows:
"Sec. 602a. Grandfather clause.
"Individuals currently deemed eligible and receiving services under
(2) Section 603 (D.C. Official Code § 7-1306.03) is amended by striking the word "intellectual" and inserting the phrase "intellectual or developmental" in its place.
Sec. 4. Applicability.
(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.
(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.
(2) The date of publication of the notice of the certification shall not affect the applicability of this act.
Sec. 5. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 6. Effective date.
This act shall take effect after approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.
