D.C. Mun. Regs. tit. 29, r. 29-10109

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 29-10109 - AUTHORIZED REPRESENTATIVES

10109.1

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

10109.2

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.

10109.3

An individual shall execute a Designation of Authorized Representative form to be recognized as a Services My Way participant's authorized representative.

10109.4

A Services My Way 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 Services 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 Services My Way program.

10109.5

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

10109.6

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

10109.7

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

10109.8

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

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

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

10109.9

Services My Way 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.

10109.10

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

10109.11

If DHCF determines that a participant requires an authorized representative to continue participation in the Services My Way program in accordance with § 10109.10, DHCF shall issue written notice to the participant, support broker and EPD Waiver case manager which shall:

(a) Inform the participant that designation of an authorized representative is required in order to continue participation in the Services 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. 29-10109

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