D.C. Mun. Regs. tit. 29, r. 29-11199

Current through Register Vol. 71, No. 36, September 6, 2024
Rule 29-11199 - DEFINITIONS
11199.1

Authorized Representative - 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, and who has been designated by the participant in writing by executing a Designation of Authorized Representative form.

Budget Authority - The authority granted to My Life, My Way program participants, and their authorized representatives, as applicable, to develop and manage their own PDS budget with the assistance of the support broker and the approval of DDS. This authority allows participants to set the wage rate for their own participant-directed workers within the range prescribed by DHCF, and to allocate funds in their own PDS budget to individual-directed goods and services.

Common Law Employer - A participant for whom the services are being performed who has the right to direct and control the actions of the individual who performs the services, not only as to the result to be accomplished by the work, but also as to the details and the means by which the result is accomplished, and who is responsible for payment of wages and employment taxes to its employees and all federal, state and local government agencies.

District New Hire Reporting System - The electronic system in which all District employers are required to enter new employees within twenty (20) days of hire, per 42 U.S.C. § 653A.

Electronic Visit Verification - A system with respect to personal care services or home health care services, under which visits conducted as part of such services are electronically verified with respect to the type of service performed, the individual receiving the service, the date of the service, the location of service delivery, the individual providing the service, and the time the service begins and ends.

Employer Authority - The authority granted to My Life, My Way program participants, and their authorized representatives, as applicable, to recruit, hire, supervise, and discharge their own qualified participant-directed workers who provide participant-directed community support services to program participants, with the assistance of the VF/EA FMS-Support Broker entity.

Fraud - An intentional deception or misrepresentation made by a participant with the knowledge that the deception could result in some unauthorized benefit to himself or herself or some other participant, including any act that constitutes fraud under federal or District law.

Individual Support Plan (ISP) - Identifies the supports and services to be provided to the participant and the evaluation of the participant's progress on an on-going basis to assure that the participant's needs, and desired outcomes are being met.

Living Wage - Living Wage refers to minimum hourly page requirements as set forth in Title I of the Living Wage Act of 2006, effective June 9, 2006 (D.C. Law 16-118; D.C. Official Code §§ 2-220.01 to .11).

Participant-Directed Worker - A staff person who is hired by a My Life, My Way program participant, and their authorized representatives, as applicable, who works directly with people with intellectual or developmental disabilities with the aim of assisting the participant to become integrated into his or her community or the least restrictive environment who is hired by the participant/representative employer to provide PDS.

Participant/Representative-Employer - The My Life, My Way program participant or the participant's authorized representative, as applicable, who performs employer-related duties including recruiting, hiring, supervising, and discharging participant-directed workers.

Plan of Care - A written service plan that meets the requirements set forth in Subsection 9004.6 of Title 29 DCMR, is signed by the participant receiving services, and is used to prior authorize Waiver services.

Provider - Any entity that meets the Waiver service requirements, has signed a Medicaid Provider Agreement with DHCF to provide those services and is enrolled by DHCF to provide Waiver services.

Service Coordinator - The DDS staff responsible for coordinating a participant's services pursuant to their ISP and Plan of Care.

Self-Direction - The ability of program participants, or their representatives if applicable, to exercise decision-making authority over certain services and take direct responsibility to manage their services with the assistance of a system of available supports.

Staffing Plan - A written document that includes the numbers and titles of workers assigned to the participant, for a specified time period and scheduled for a given site and/or shift to successfully provide oversight and to ensure the maintenance of the health, safety, and well-being of the participant receiving services.

Support Broker - An employee of the VF/EA FMS-Support Broker entity who provides information and assistance services to My Life, My Way participants to enable participants and authorized representatives, as appropriate, to independently direct and manage their participant-directed services.

Support Team - A group of people chosen by a person with an intellectual or developmental disability who have the responsibility for developing a participant-centered support plan with the person based on the assessed needs and preferences of the participant.

Theft - To wrongfully obtain or use the property of another with intent to deprive the other of a right to the property or a benefit of the property or to appropriate the property to an individual's own use or to the use of a third person.

Vendor - A corporate entity providing individual-directed goods or services.

Vendor Fiscal/Employer Agent (VF/EA) Financial Management Services (FMS)-Support Broker Entity - An entity operating in accordance with 26 USC § 3504 and Rev. Proc. 70-6, as modified by REG-137036 and Rev. Proc. 2013-39, which provides financial management services and information and assistance services to My Life, My Way participants, and their authorized representatives, as appropriate.

Waiver - The HCBS Waiver for Individual and Family Support as approved by the Council of the District of Columbia and CMS, as may be further amended, and approved by the Council and CMS.

Wrongfully Obtain or Use - Taking or exercising control over property; making an unauthorized use, disposition, or transfer of an interest in or possession of property; or obtaining property by trick, false pretense, false token, tampering, or deception. The term "wrongfully obtain or use" includes conduct previously known in the District as larceny, larceny by trick, larceny by trust, embezzlement, and false pretenses.

D.C. Mun. Regs. tit. 29, r. 29-11199

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