D.C. Mun. Regs. tit. 29, ch. 29-131, 13102

Current through Register Vol. 71, No. 49, December 6, 2024
DUE PROCESS PROTECTIONS
13102.1

The amount of the monthly contribution to costs of residential supports will be determined during intake or, for persons already receiving DDA services, at the next ISP meeting following the effective date of these regulations. At that time, the person will be informed of the estimated cost of residential supports, the requirement for contribution to costs of residential supports, including an explanation of how that contribution is calculated consistent with these regulations, and information about how to request a recalculation or reconsideration, including how to obtain assistance from a DDA Rights and Advocacy Specialist or area legal services organization. This information shall be included in the person's ISP as part of their IFP. The amount will be reevaluated at least annually during each person's ISP meeting.

13102.2

The person, or a family member, friend, attorney, or any other representative, if so designated by the person, may make a request in writing, by telephone, or in person at DDA to his or her Service Coordinator for recalculation or reconsideration of his or her contribution to costs of residential supports at any time for referral to the DDS Deputy Director for DDA.

13102.3

The person's request for recalculation or reconsideration must set forth the factual and/or legal basis for the disagreement in the calculated contribution to costs of residential supports. The person's contribution to the cost of residential supports will not change while a request for recalculation or reconsideration is pending.

13102.4

A DDA Rights and Advocacy Specialist shall provide, up on request, assistance to a person in the appeal process requesting a recalculation or reconsideration. A person may also be assisted by a family member, friend, attorney, or any other representative designated by the person.

13102.5

The DDS Deputy Director for DDA will provide a final, written administrative decision to the person and his or her representative within thirty (30) calendar days of his or her receipt of the person's recalculation or reconsideration request. The final written decision shall include information about the person's right to bring an appeal in the Superior Court of the District of Columbia. The person seeking review of DDS's final written decision must file this appeal in the Superior Court not later than thirty (30) calendar days after the date he or she receives notice of the final decision.

D.C. Mun. Regs. tit. 29, ch. 29-131, 13102

Final Rulemaking published at 65 DCR 13201 (11/30/2018)