D.C. Mun. Regs. tit. 29, r. 29-13204
A DDA provider's continuing obligation to safeguard the welfare of people who receive DDA supports and services, including the filing of incident reports and other reports of allegations of abuse, neglect or exploitation, are not affected by the DDA Complaint System.
Each DDA provider shall adopt and adhere to a complaint policy which complies with the mandates of the Department on Disability Services Establishment Act of 2006, effective March 14, 2007 (D.C. Law 16-264; D.C. Official Code § 7-761.01et seq.), these rules, and DDS policies and procedures so that people receiving DDA services from a provider are able to file complaints about the provider with the provider.
A person, or a third party acting for the person and with their consent, shall file any complaint with the provider and use the provider's complaint process when the complaint concerns any alleged action(s) by the provider, or alleged failure(s) of the provider to act when it should have taken action. The DDS Director may grant an exception when the person has a reasonable fear of retaliation, as specified in Section 13205.2.
Providers shall foster understanding of their complaint systems and, at a minimum, supply information in plain language about how to file complaints to people receiving DDA-funded services, and their supporter or legal representative as the person begins to receive services from them and at least annually. Providers shall post plain language notices about their complaint policies and information in day habilitation and employment readiness facilities.
A person must file their complaint about a provider, its staff or services, with the provider within ninety (90) calendar days from the final day of the events which the person says took place, or did not take place when the person believes they should have, giving rise to the issue. A person may file a complaint while a situation is ongoing. The provider shall give the person written acknowledgement of receipt of the filed complaint.
A person, or a third party acting for the person with their consent, may request from the provider's CEO or equivalent, or his or her designee, a waiver of the ninety (90) calendar day filing requirement for the following reasons:
The provider's CEO or equivalent, or his or her designee, shall grant the waiver for reasons in Subsections (a) through (d), and may grant the waiver in the case of Subsection (e).
Each provider shall designate at least one person and an alternate to assist people with filing an oral or written complaint about the provider. An alternate must be used when the assigned person is named in the complaint.
The provider shall review the issue to see whether the facts alleged show the provider should take action to ensure the person's physical safety, and whether the complaint alleges facts that amount to a Serious Reportable Incident as defined by DDS. In those instances, the matter shall be handled under DDS's IMEU policy and procedures and the provider shall place the complaint on administrative hold and provide the person with notice. Once the IMEU investigation is completed, the provider must ask the person if he or she continues to have the concern which caused them to file the complaint, and if so, if they want the complaint to proceed forward through the provider's complaint process. If so, the provider's complaint process will resume. If all issues have been addressed, the complaint will be administratively closed, and the person shall receive notice of the administrative closure on that basis.
The provider shall continue to provide supports and services without limitation, reduction or termination pending the resolution of the person's complaint regarding those supports and services.
The provider CEO, or his or her designee, shall review the complaint and within thirty (30) calendar days write a final decision in response. However, where the facts of an issue demonstrate urgency for resolution by identifying health or safety concerns for the person, or where the person filing the complaint with the provider states at the time of the filing that they are seeking expedited review, the provider CEO, or his or her designee, shall review the complaint and issue a written decision within ten (10) calendar days. A final decision must be sent to the person, their representative, if any, and the person who filed the complaint. A final decision may be redacted before being sent to the third party who filed the complaint in order to protect the privacy of the person.
After the provider CEO, or his or her designee, issues a final written decision about the complaint, a person who is not satisfied may file a complaint about the provider with DDS according to Section 13205, Filing A Complaint With The Department on Disability Services, Developmental Disabilities Administration.
D.C. Mun. Regs. tit. 29, r. 29-13204