D.C. Mun. Regs. r. 22-A3708

Current through Register Vol. 71, No. 25, June 21, 2024
Rule 22-A3708 - AUTHORIZATION OF AND REFERRALS TO MENTAL HEALTH SUPPORTED EMPLOYMENT SERVICES
3708.1

MHRS Core Service Agencies (CSAs) shall assess all consumers eighteen (18) years of age and older for interest in and potential eligibility for Mental Health Supported Employment services as part of:

(a) Developing or updating the consumer's MHRS person-centered plan of care; or
(b) Upon request by the consumer, family member, advocates, or other service providers.
3708.2

If a consumer is interested in Mental Health Supported Employment services, the CSA shall, in a manner specified by the Department, collect and submit the following information to the Department for its review:

(a) The consumer's current comprehensive assessment that documents the consumer's interest in employment; and
(b) The consumer's current MHRS person-centered Plan of Care.
3708.3

To determine eligibility for Mental Health Supported Employment Services, the Department shall:

(a) Review the consumer's current comprehensive assessment and person centered Plan of Care; and
(b) Conduct an independent needs-based assessment in accordance with § 3737.1(e).
3708.4

Within three (3) business days after the receipt of the consumer's Mental Health Supported Employment referral from the Core Services Agency (CSA), the Department shall contact the consumer and their CSA to schedule an appointment for the independent needs-based assessment. The Department shall conduct the independent needs-based assessment within ten (10) business days after the receipt of the referral, unless the consumer is unavailable for all available times within ten (10) days of the referral. The Department may close the referral if the consumer does not respond to the Department's scheduling efforts.

3708.5

The Department shall complete the independent needs-based assessment face-to-face or through telehealth as permitted by Title 29 DCMR § 910 using the Department-specified approved independent needs-based assessment tool.

3708.6

Qualified practitioners eligible to administer the independent needs-based assessment must be:

(a) Permitted to screen, assess, and diagnose consumers in accordance with Title 22-A DCMR § 3418.12;
(b) Appropriately licensed in the District of Columbia or the jurisdiction where the services are delivered; and
(c) Practicing within the scope of their license.
3708.7

The Department shall complete an independent needs-based assessment annually for each consumer receiving Supported Employment services who seeks to continue services beyond three-hundred sixty-five (365) days.

3708.8

The Department shall notify the consumer and their CSA of the Mental Health Supported Employment services authorization determination within three (3) business days after the administration of the independent needs-based assessment. Medicaid beneficiaries are entitled to Notice and Appeal rights pursuant to Title 29 DCMR § 9508 in cases of intended adverse action, such as an action to deny, discontinue, terminate, or change the manner or form of Medicaid-funded Supported Employment services. The Department shall provide local-only beneficiaries the same Notice and Appeal rights as those provided to Medicaid beneficiaries in Title 29 DCMR § 9508.

3708.9

The Department, CSAs, and Mental Health Supported Employment providers shall not deny or deem consumers ineligible for Mental Health Supported Employment services on the basis of the consumer's receipt of Supplemental Security Income (SSI)/Social Security Disability Insurance (SSDI), criminal and/or substance use history, current employment status, or physical impairments.

3708.10

If the Department authorizes the provision of Mental Health Supported Employment services, the Department shall within five (5) business days of authorization refer the consumer to the Mental Health Supported Employment provider of the consumer's choosing. The referral shall be in writing and include the following information:

(a) The consumer's CSA treatment team contact information;
(b) Contact information for the consumer, including emergency contact information; and
(c) The consumer's current MHRS person-centered Plan of Care.
3708.11

The Mental Health Supported Employment provider, upon receipt of the referral, shall engage the consumer within three (3) business days.

3708.12

The Mental Health Supported Employment provider must have a Wait List Policy to track and manage timely access to services. The Mental Health Supported Employment provider must immediately notify the Department if it is unable to accept new consumers.

3708.13

Department authorization of Mental Health Supported Employment services shall not exceed three-hundred sixty-five (365) calendar days. The Mental Health Supported Employment provider must notify the consumer's CSA to request a continuation of services at least forty-five (45) calendar days before the expiration of the authorization. Within five (5) business days after the request, the CSA shall provide the Department with the consumer's most recent person-centered Plan of Care and comprehensive assessment and request that the 3708.1 Department conduct an independent needs-based assessment to determine the consumer's continued eligibility for Supported Employment services. Upon receipt of the request, the Department shall conduct an independent needs-based assessment pursuant to the procedure described in §§ 3708.4 - 3708.8.

3708.14

CSAs and/or Supported Employment providers shall reassess consumers receiving Supported Employment services and review the MHRS person-centered Plan of Care any time there is a significant change in the consumer's condition or situation that affects the progress toward the Supported Employment-related goals of the Plan of Care.

D.C. Mun. Regs. r. 22-A3708

Notice of Final Rulemaking published at 58 DCR 10330, 10339 (December 9, 2011); amended by Final Rulemaking published at 67 DCR 10775 (9/4/2020); amended by Final Rulemaking published at 69 DCR 11733 (9/30/2022); amended by Final Rulemaking published at 70 DCR 16660 (12/29/2023)
Authority: The Director of the Department of Mental Health (Department), pursuant to the authority set forth in sections 104 and 105 of the Department of Mental Health Establishment Amendment Act of 2001, effective December 18, 2001 (D.C. Law 14-56; D.C. Official Code §§ 7-1131.04 and 7-1131.05 (2008 Repl.)).