D.C. Mun. Regs. tit. 29, r. 29-11109

Current through Register 71, No. 45, November 7, 2024

Rule 29-11109 - RESPITE SERVICES: PROVIDER REQUIREMENTS

11109.1

All PDWs shall comply with the requirements under Section 9006 (Records and Confidentiality of Information of Chapter 90 of Title 29 DCMR, except that no quarterly report is required for respite hourly services.

11109.2

To be eligible for Medicaid reimbursement, each PDW providing respite services shall comply with Section 9011 (Requirements for Direct Support Professionals) of Chapter 90 of Title 29 of the DCMR.

11109.3

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

11109.4

Participant-directed respite services may 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 does not include parents of adult children, so parents of adult children are not precluded from providing PDS. Each family member providing PDS shall comply with the requirements set forth in these rules.

11109.5

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 §§ 44-551et 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; and

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

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

(h) COVID vaccination consistent with DC Health requirements;

(i) Documentation that each employee was found acceptable by the individual;

(j) Record of completion of competency-based training in communication with people with intellectual disabilities;

(k) Record of completion of competency-based training in infection control procedures consistent with the requirements of the Occupational Safety and Health Administration, U.S. Department of Labor regulations at 29 CFR 1910.1030;

(l) A high school diploma or general equivalency development;

(m) Record of completion of competency-based training in emergency procedures; and

(n) Record of completion of DDS approved pre-service and in-service training in DDS policies and procedures.

11109.6

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 § 11109.5(b), and providing participants, authorized representatives, prospective PDWs, and the DDS with the results of all criminal background checks performed on prospective PDWs.

11109.7

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 § 11109.5 prior to hiring the PDW to provide PDS.

11109.8

The VF/EA FMS-Support Broker entity shall verify that a PDW meets all qualifications set forth in § 11109.5 prior to enrolling the PDW into its payroll system.

11109.9

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. 29-11109

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