D.C. Mun. Regs. tit. 29, r. 29-11115

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 29-11115 - AUTHORIZED REPRESENTATIVES

11115.1

A My Life, My Way program participant may designate an authorized representative to exercise employer-related responsibilities in the My Life, My Way program.

11115.2

An authorized representative is an individual who willingly accepts responsibility for performing employer and PDS budget management tasks that a participant is unable to perform without the assistance of a representative.

11115.3

An individual shall execute a Designation of Authorized Representative form in order to be recognized as a My Life, My Way program participant's authorized representative.

11115.4

A My Life, My Way program participant may designate one (1) of the following three (3) types of authorized representative:

(a) Pre-Determined Representative: A legal guardian or other court-appointed representative in place at the time of the participant's enrollment in the My Life, My Way program;

(b) Voluntary Representative: An individual twenty-one (21) years of age or older who is actively engaged in the participant's life and lives in the participant's community; or

(c) Mandated Representative: An individual who meets the criteria of (b) above who is designated by the participant if DHCF or its agent determines that the participant requires an authorized representative in order to continue participation in the My Life, My Way program.

11115.5

A My Life, My Way program participant shall only have one (1) authorized representative at any time.

11115.6

No individual shall receive any monetary compensation for acting as an authorized representative for a My Life, My Way program participant.

11115.7

No individual acting as an authorized representative for a My Life, My Way Program participant shall serve as a PDW for that participant.

11115.8

All authorized representatives shall be responsible for working collaboratively with My Life, My Way program participants to ensure that:

(a) The participant receives all needed PDS from qualified PDWs; and

(b) PDS and individual-directed goods and services are provided in accordance with the participant's ISP and PDS budget.

11115.9

My Life, My Way program participants may revoke an authorized representative designation at any time by notifying the support broker, who shall assist the participant to complete any required forms.

11115.10

DDS may determine that a participant requires an authorized representative to continue participation in the My Life, My Way program if the participant has demonstrated an inability to self-direct their services after additional counseling, information, training or assistance.

11115.11

If DDS determines that a participant requires an authorized representative to continue participation in the My Life, My Way program in accordance with § 11115.10, DDS shall issue written notice to the participant, support broker and Service Coordinator which shall:

(a) Inform the participant that designation of an authorized representative is required in order to continue participation in the My Life, My Way program;

(b) Detail the reasons that designation of an authorized representative is required;

(c) Provide instructions on designating an authorized representative; and

(d) Provide information regarding the participant's right to appeal the determination by filing a notice of appeal with the Office of Administrative Hearings.

D.C. Mun. Regs. tit. 29, r. 29-11115

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