D.C. Mun. Regs. tit. 29, r. 29-11107

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 29-11107 - IN-HOME SUPPORTS: PROVIDER REQUIREMENTS

11107.1

Qualified PDWs shall provide in-home support services as employees of My, Life My Way participants. In-home support services shall be authorized in accordance with the following provider requirements:

(a) The Department on Disability Services (DDS) shall provide a written service authorization before the commencement of services;

(b) The service name and provider delivering services shall be identified in the ISP and Plan of Care;

(c) The ISP and Plan of Care shall document the amount and frequency of services to be received; and

(d) The ISP and Plan of Care shall be submitted to and authorized by DDS annually or as needed.

11107.2

All PDWs shall comply with the requirements under (Reporting Requirements), (Records and Confidentiality of Information), (Individual Rights) and (HCBS Setting Requirements) of Chapter 90 of Title 29 DCMR, except that the progress notes as described in Subsection 9006.2(m) shall be maintained on a per visit basis.

11107.3

All PDWs shall assist each participant in the acquisition, retention, and improvement of skills related to activities of daily living, such as personal grooming, household chores, eating and food preparation, and other social adaptive skills necessary to enable the participant to reside in the community.

11107.4

All PDWs who provide participant-directed in-home supports services shall comply with Requirements for Direct Support Professionals of Chapter 90 of Title 29 DCMR.

11107.5

PDWs who provide in-home supports services and reside in the same home as the participant receiving services shall only be paid for in-home support services that are in accordance with the participant's ISP goals.

11107.6

Qualified PDWs shall provide PDS as employees of My Life, My Way program participants.

11107.7

PDS services shall be provided by family members and individuals other than a participant's spouse, other legally responsible relative, or court-appointed guardian. A legally responsible relative shall not include parents of adult children, so parents of adult children are not precluded from providing PDS. Each family member providing PDS services shall comply with the requirements set forth in these rules.

11107.8

All PDWs shall meet the following qualifications:

(a) Be at least eighteen (18) years of age;

(b) Complete and pass a criminal background check in accordance with the Health-Care Facility Unlicensed Personnel Criminal Background Check Act of 1998, effective April 13, 2002 (D.C. Law 14-98; D.C. Official Code §§ 44-551 et seq.);

(c) Receive customized training provided by the participant and/or the participant's authorized representative that is related to the participant's functional needs and goals as outlined in the ISP;

(d) Be able and willing to perform the service-related responsibilities outlined in the participant's ISP;

(e) Possess an active CPR and First Aid certificate and ensure that the CPR and First Aid certifications are renewed every two (2) years, with CPR certification and renewal via an in-person class;

(f) Receive required trainings and certifications to meet the qualifications as a direct support professional (DSP) and maintain current certifications as described in DDS policy;

(g) Have an individual NPI number obtained from the NPPES;

(h) Must register NPI number and complete application for PDWs in the PDMS; and

(i) Obtain annual documentation from a physician or other health professional that he or she is free from tuberculosis; and

(j) Provide proof of COVID vaccination consistent with DC Health requirements.

11107.9

The VF/EA FMS-Support Broker entity shall be responsible for collecting criminal background check fees from prospective PDWs, performing criminal background checks on all prospective PDWs in accordance with § 11107.8(b), and providing participants, authorized representatives, prospective PDWs, and DDS with the results of all criminal background checks performed on prospective PDWs.

11107.10

The participant, or the participant's authorized representative if designated as the "common law employer" of the PDW, shall verify that a prospective PDW meets all qualifications set forth in § 11107.8 prior to hiring the PDW to provide PDS.

11107.11

The VF/EA FMS-Support Broker entity shall verify that a PDW meets all qualifications set forth in § 11107.8 prior to enrolling the PDW into its payroll system.

11107.12

The VF/EA FMS-Support Broker entity shall execute a District of Columbia Medicaid provider agreement with each PDW at the time a PDW is enrolled into its payroll system.

D.C. Mun. Regs. tit. 29, r. 29-11107

Final Rulemaking published at 70 DCR 8909 (6/23/2023)