D.C. Mun. Regs. tit. 29, r. 29-10102

Current through Register Vol. 71, No. 35, August 30, 2024

Rule 29-10102 - PARTICIPANT-DIRECTED COMMUNITY SUPPORT SERVICES: SERVICE DESCRIPTION

10102.1

PDCS services shall be available only to EPD Waiver beneficiaries enrolled as participants in the Services My Way program.

10102.2

PDCS services shall be detailed in the participant's PCP and PDS budget and shall be designed to promote independence and ensure the health, welfare, and safety of the participant.

10102.3

The participant or his/her authorized representative, as applicable, shall serve as a "common law employer" of the PDW providing services. In the role of "common law employer," the participant or authorized representative shall be responsible for recruiting, hiring, supervising and discharging PDWs providing PDCS services.

10102.4

Supports shall be available to assist the participant/representative-employer with his or her own employer-related responsibilities as described in § 10102.3 through the VF/EA FMS-Support Broker entity.

10102.5

PDCS services shall include cueing, safety monitoring and hands-on assistance with activities of daily living and instrumental activities of daily living, as set forth in 29 DCMR § 5006.7.

10102.6

All PDCS services provided by a PDW shall be prior authorized by DHCF or its agent in order to be reimbursed under the Services My Way program.

10102.7

To be eligible for PDCS services, a participant shall be in receipt of a service authorization for personal care aide services from DHCF or its designated agent that specifies the amount, duration, and scope of services authorized to be provided to the beneficiary, in accordance with 29 DCMR § 5003.

10102.8

Payment for PDCS services shall be provided in accordance with the participant's PDS budget, at an hourly wage set by the participant/representative-employer which falls within the wage range established by DHCF as set forth in § 10102.9.

10102.9

The hourly wage paid to a PDW shall be no lower than the living wage in the District, set in accordance with the Living Wage Act of 2006, effective June 8, 2006 (D.C. Law 16-118; D.C. Official Code §§ 2-220.01et seq.), and no higher than the wage paid by DHCF for services provided by a personal care aide in accordance with Chapter 42 of Title 29 DCMR.

10102.10

PDCS services shall not include the following:

(a) Services that require the skills of a licensed professional, as defined in the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6- 99; D.C. Official Code §§ 3-1201.01et seq.); or

(b) Tasks usually performed by chore workers or homemakers, such as cleaning of areas not occupied by the participant, laundry for family members, shopping for items not used by the participant, or money management.

10102.11

An agency-based provider of personal care aide services shall not be designated as an emergency back-up provider of PDCS services.

10102.12

All participant-directed community support (PDCS) participants shall comply with all applicable federal and District electronic visit verification requirements.

D.C. Mun. Regs. tit. 29, r. 29-10102

Final Rulemaking published at 64 DCR 9568 (9/29/2017); amended by Final Rulemaking published at 69 DCR 12090 (10/7/2022)