1934.1The purpose of this section is to establish standards governing Medicaid eligibility for supported living services under the Home and Community-Based Services Waiver for Individuals with Intellectual and Developmental Disabilities (Waiver) and to establish conditions of participation for providers of supported living services for Medicaid reimbursement.
1934.2Supported living services are provided to persons enrolled in the Waiver who have limited informal supports and have an assessed need for assistance with acquisition, retention, or improvement in skills related to activities of daily living, and who require assistance with the development of social and adaptive skills that are necessary to enable the person to reside in the community and successfully participate in community activities based upon what is important to and for the person as documented in his or her Individual Support Plan (ISP) and reflected in his or her Person-Centered Thinking and Discovery tools.
1934.3To be eligible for all Medicaid reimbursable supported living services, each person shall:
(a) Have a documented need for assistance with acquisition, retention, or improvement in skills related to activities of daily living;(b) Require assistance with the development of social and adaptive skills necessary to enable the person to reside and integrate in the community and successfully participate in community activities;(c) Have an ISP and Plan of Care that identifies the need for supported living services; and(d) Supported living services may be delivered through remote supports to the extent the recommended service delivery is through remote supports services, and the person is able to utilize equipment/technology needed for remote supports services as assessed and determined by the support team.1934.4To be eligible for Medicaid reimbursement, twenty-four (24) hour one-to-one supported living services in a single occupancy supported living residence (SLR):
(a) The person must have a history of challenging behaviors that may put others at risk, require intensive supports as determined by a psychological assessment which is updated annually or pursuant to a court order, and have a behavior support plan (BSP) that identifies the challenging behaviors and the need for one-to-one supervision that was approved by the Department on Disability Services (DDS); or(a) The person and/or his or her support team have recommended that the person live in a single person setting, and the person is able to pay for the non-Waiver costs of the supported living services placement (for example, rent, utilities, etc.); or(b) The person and/or his or her support team have recommended that the person, based on medical or behavioral needs, live in a single person setting and it has been approved by the DDS Deputy Director for DDA.1934.5Persons eligible for Medicaid reimbursable twenty-four (24) hour supported living services with skilled nursing must have a circulatory, respiratory, gastrointestinal, or neurological condition or any other serious medical condition that requires frequent monitoring or at least hourly care. The following documents are required for reimbursement for this service:
(a) A physician's order or an advanced practice registered nurse's (APRN) order documenting the scope, frequency, and duration of skilled nursing services; and(b) A concise statement which sets forth the presenting problem that requires supported living with skilled nursing services and includes the responsibilities of the nurse.1934.6In order to be eligible for Medicaid reimbursable supported living periodic services in an SLR, each person shall:
(a) Demonstrate a need for the acquisition, and improvement of skills related to activities of daily living and the social and adaptive skills necessary for community residence, as indicated in the ISP; and(b) Have an assessed need requiring less than twenty-four (24) hour supports and supervision.1934.7Medicaid reimbursable supported living services shall be provided in one of the following types of residences:
(a) An SLR owned or leased by a Waiver provider; or(b) A home owned or leased by the person receiving supported living services.1934.8When Medicaid reimbursable supported living services are provided in an SLR, the SLR shall serve one (1) to three (3) related or unrelated persons. With the exception of couples who chose to share a bedroom, the number of persons in the SLR shall not exceed the number of bedrooms in the residence unless written approval from DDS is obtained.
1934.9Effective November 1, 2020, there shall be no additional supported living residences (SLRs) approved unless determined essential, in writing, by the DDS Deputy Director for the DDA.
1934.10In order to be eligible for Medicaid reimbursement, each SLR located out-of-state shall be licensed or certified in accordance with the host state's laws and regulations and must adhere to the terms and conditions set forth in an agreement between the District of Columbia and the host state.
1934.11In order to be eligible for Medicaid reimbursement, each provider, including an out-of-state provider of supported living services, shall be a Waiver provider agency and meet the following requirements:
(a) Comply with Section 1904 (Provider Qualifications) and Section 1905 (Provider Enrollment Process) of Chapter 19 of Title 29 DCMR;(b) Provide verification of passing the DDS Provider Certification Review (PCR) for in-home supports, supported living or respite services for the last three (3) years. For providers with less than three (3) years of PCR certification, provide verification of a minimum of three (3) years of experience providing residential or respite services to the ID/DD population, evidence of certification or licensure from the jurisdiction in which the service was delivered, and evidence of PCR certification for each year that the provider was enrolled as a waiver provider in the District of Columbia, if applicable; and(c) Have an executed, signed, current Human Care Agreement with DDS, if required by DDS.1934.12In addition to the requirements described under §§ 1934.9, each out-of-state provider shall comply with the following additional requirements to receive Medicaid reimbursement:
(a) Remain in good standing in the jurisdiction where the program is located, if licensed or certified by the host state;(b) Submit a copy of the current certification, licensing and/or survey performed by the host state and provider's corrective action, if applicable, to DDS; and(c) Allow authorized agents of the District of Columbia government, federal government, and governmental officials of the host state full access to all sites and records for audits and other reviews.1934.13Medicaid reimbursable supported living services may be provided with or without transportation. Each Medicaid provider shall comply with the requirements set forth in Subsection 1904.5 of Title 29 DCMR, if transportation services are provided to enable persons to gain access to Waiver services and other community services and activities in a safe and efficient manner.
1934.14If transportation services are provided by the Direct Support Professional (DSP), such that the DSP drives the person in the vehicle provided by the provider, the DSP shall meet the requirements governing transportation services set forth in Subsections 1904.5(j) and (k) (Provider Qualifications) of Chapter 19 of Title 29 DCMR.
1934.15Each DSP shall meet all of the requirements set forth in Section 1906 (Requirements for Persons Providing Direct Services) of Chapter 19 of Title 29 DCMR.
1934.16Services shall only be authorized for Medicaid reimbursement in accordance with the following provider requirement procedures:
(a) DDS shall provide a written service authorization before the commencement of services;(b) The service name and Waiver provider delivering services must be identified in the ISP and Plan of Care;(c) The ISP, Plan of Care, and Summary of Supports and Services must document the amount and frequency of services to be received; and(d) The services to be provided shall not conflict with the service limitations described under Subsection 1934.25.1934.17Each provider of Medicaid reimbursable supported living services shall assist persons in the acquisition, retention, and improvement of skills related to activities of daily living, and other social and adaptive skills necessary to enable the person to become a fully integrated member of their community. To accomplish these goals, the provider shall:
(a) Use the DDS-approved Person-Centered Thinking tools, the person's Positive Personal Profile, and the Job Search and Community Participation Plan to develop a functional assessment that includes what is important to and for the person, within the first month of providing services. This assessment shall be reviewed and revised annually or more frequently as needed;(b) Participate as a member of the person's support team, at his or her preference, including making recommendations for the development of the ISP and Plan of Care;(c) Review the person's ISP and Plan of Care goals, DDS- approved person-centered thinking tools, Positive Person Profiles and Job Search and Community Participation plan, objectives, and activities at least quarterly and more often, as necessary, and submit quarterly reports to the person, family, as appropriate, guardian, and DDS Service Coordinator no later than seven (7) business days after the end of the first ISP quarter or each subsequent quarter thereafter and in accordance with the requirements described, under Section 1908 (Reporting Requirements) and Section 1909 (Records and Confidentiality of Information) of Chapter 19 of Title 29 DCMR;(d) Provide access and information as requested for service coordination, visits and reviews;(e) Assist in the coordination of all services that a person may receive; and(f) Develop and implement the person's Health Care Management Plan, in accordance with the DDS Health and Wellness Standards.1934.18Each provider of Medicaid reimbursable supported living services shall ensure that each person receives the level of support he/she needs for skill development, habilitation and other supports, when appropriate, which shall include, but not be limited to, support for the following categories, unless the person has demonstrated independence and capacity in any of the following areas. Supports provided shall be aimed at teaching the person to increase his or her skills and self-reliance:
(a) Eating and food preparation, including learning about healthy eating choices;(d) Monitoring medication administration and healthcare needs;(f) Interpersonal and social skills;(i) Financial management;(j) Motor and perceptual skills;(k) Problem-solving and decision-making;(m) Opportunities to engage in community life, including but not limited to social, recreational, and religious activities utilizing community resources based on the person's interests, beliefs, culture, and preferences, and building and maintaining relationships;(n) Ensuring that adaptive equipment is appropriate, functioning and well maintained;(o) Opportunities for the person to seek employment and vocational supports to work in the community in a competitive and integrated setting, and(p) Other supports that are identified as important to or for the person receiving supports as identified in the person's ISP.1934.19Each provider of Medicaid reimbursable supported living services shall ensure that staff delivering day habilitation, individualized day supports, companion, employment readiness, or supported employment services shall receive training about the person's health care needs as identified by the nurse, and are informed about those needs that are relevant to the person in those settings and that are identified in the person's Health Care Management Plan and BSP.
1934.20Each provider of Medicaid reimbursable supported living services shall ensure that each person enrolled in the Waiver receives the professional services required to meet his or her goals as identified in the person's ISP and Plan of Care. Professional services may include, but are not limited to, the following disciplines:
(f) Occupational therapy;(h) Psychology, including behavior supports;(j) Speech, hearing, and language therapy; and1934.21Each provider of Medicaid reimbursable supported living services shall maintain the records as prescribed under Section 1909 of Title 29 DCMR for monitoring and auditing purposes for each person receiving services and shall also maintain the following documents:
(a) If providing twenty-four (24) hour supported living services in a single occupancy or one-to-one supports, a copy of the annual BSP or court order;(b) Progress notes that describe the person's leisure and recreation activities, in accordance with his or her interests as identified in the ISP or Person-Centered Thinking and Discovery tools;(c) A daily schedule that complies with DDS guidance;(d) The records of any nursing care, procedures, and other supports related to the development and management of the Health Care Management Plan; and(e) A record of monitoring and maintenance of adaptive equipment, if applicable.1934.22Each provider of Medicaid reimbursable supported living services shall meet the requirements described under Section 1908 (Reporting Requirements), Section 1911 (Individual Rights), and Section 1938 (Home and Community-Based Setting Requirements) of Chapter 19 of Title 29 DCMR.
1934.23Reimbursement for Medicaid reimbursable supported living services shall not include:
(a) Cost of room and board;(b) Cost of facility maintenance, upkeep and improvement, modifications or adaptations to an SLR or home to meet the requirements of the applicable life safety code;(c) Safety monitoring as a stand-alone task;(d) Activities for which payment is made by a source other than Medicaid;(e) Time when the person is in school or employed; and(f) Time when the person is hospitalized, on vacation independently, or any other time in which the person is not receiving direct care staff support from a provider.1934.24Medicaid reimbursable supported living services shall not include services delivered by the person's relative, legal guardian, or legally responsible person.
1934.25Medicaid reimbursable supported living services shall not be authorized concurrently with the following Waiver services:
(a) Residential Habilitation;(d) In-Home Supports; and(e) Transportation, when the provider chooses to provide supported living services with transportation services.1934.26The reimbursement rate for Medicaid reimbursable supported living services shall be calculated based on the staff on duty and shall include:
(a) All supervision of the DSP;(b) All nursing provided in the residence for medication administration, physician ordered protocols and procedures, charting, other supports as per physician's orders, oversight, coordination, and maintenance of a Health Care Management Plan, and training for residential staff and day and/ or vocational supervisory staff on a person's health care needs, as applicable;(c) All transportation, if applicable;(d) Programmatic supplies and fees;(e) Ongoing maintenance and coordination of the acquisition or repair of adaptive equipment;(f) Quality assurance costs, such as incident management systems and staff development; and(g) General administrative fees for Waiver services.1934.27Each provider of Medicaid reimbursable twenty-four (24) hour supported living services with skilled nursing shall:
(a) Provide skilled nursing services and supports to the person living in the SLR;(b) Complete any skilled nursing assessment and document hourly nursing interventions and treatments;(c) Provide as appropriate, all of the supported living activities listed in Subsections 1934.18, 1934.19, and 1934.20; and(d) Ensure that at least one staff person is a licensed practical nurse during all awake hours, including awake overnight hours.1934.28For twenty-four (24) hour supported living services with skilled nursing, in order to be eligible for Medicaid reimbursement, the duties of a registered nurse shall be consistent with the scope of practice standards for registered nurses set forth in Section 5414 of Title 17 DCMR. At a minimum, they shall include the following duties:
(a) Prepare an initial routine physical assessment, including an individualized service nursing plan and evaluation;(b) Assist in the development of the Health Care Management Plan;(c) Coordinate the person's care and referrals;(d) Administer medications and treatment as prescribed by a legally authorized healthcare professional licensed in the District of Columbia, or consistent with the requirements of the appropriate jurisdiction;(e) Provide oversight of non-licensed medication administration personnel;(f) Provide wound care, tube feeding, diabetic care, and other treatment regimens prescribed by the physician, as needed;(g) Provide oversight and supervision to a licensed practical nurse, when delegating and assigning nursing interventions;(h) Record progress notes during each visit and complete quarterly reports; and(i) Provide competency training to the day habilitation, employment readiness, individualized day support, companion, and/or supported employment nursing or supervisory staff, as applicable, on the person's healthcare needs by the nurse, including needs identified in the Health Care Management Plan.1934.29In order to be eligible for Medicaid reimbursement, the duties of a licensed practical nurse delivering twenty-four (24) hour supported living services with skilled nursing, shall be consistent with the scope of practice standards for a licensed practical nurse set forth in Chapter 55 of Title 17 DCMR. At a minimum, they shall include the following duties:
(a) Record progress notes during each visit and on quarterly reports;(b) Report immediately, any changes in the person's condition, to the supervising registered nurse;(c) Provide wound care, tube feeding, diabetic care, and other treatment regimens prescribed by the physician; and(d) Administer medications and treatment as prescribed by a legally authorized healthcare professional licensed in the District of Columbia or consistent with the requirements of the jurisdiction in which the healthcare professional is licensed.1934.30In addition to the requirements at §§ 1934.21, each provider of Medicaid reimbursable supported living services with skilled nursing shall also maintain the following documents:
(a) A copy of the physician's order or an APRN's order specifying the type, frequency, scope, and duration of the skilled nursing services, if applicable;(a) A copy of the job description detailing the duties of the nurse delivering the service, if applicable; and(b) A copy of each assessment that the nurse has conducted and documentation of the hourly nursing interventions and treatments, if applicable.1934.31Medicaid reimbursable supported living skilled nursing services shall not include custodial care.
1934.32Medicaid reimbursable supported living one-to-one services in a single occupancy means services provided to one person exclusively by a supported living service provider who has been trained in all general requirements and possesses all training required to implement the person's specific behavioral and/or clinical protocols and support plans for a pre-authorized length of time.
1934.33Medicaid reimbursable supported living one-to-one services in a singleoccupancy SLR shall only be permitted with prior annual approval by the DDS Restrictive Control Review Committee, or a medical treatment plan signed by the person's physician. Providers delivering one-to-one services shall require the person to have a BSP or DDS approved medical treatment plan that reflects the need for one-to-one supervision.
(b) If providers of Medicaid reimbursable supported living services are delivering one-to-one supported living services pursuant to a BSP, the assessment shall be updated on an annual basis to determine if the services are necessary.1934.34If one-to-one supported living services are delivered pursuant to a court order, the order shall be verified on an annual basis, to determine if the services are necessary.
1934.35Supported living services shall be Medicaid reimbursable for emergency situations when the person is not physically residing at the SLR or home, but is temporarily residing in a hotel or other facility and continues to receive support from the provider.
1934.36An acuity evaluation to set levels of support shall be determined by the Support Team and approved by the DDS Waiver Unit through review of current staffing levels; available health and behavioral records; and the results of the Level of Need Assessment and Screening Tool, or its successor, to determine if a person has a health, behavioral and/or functional acuity that requires increased supports. A person may be assessed at a support level that is consistent with their current staffing level if other acuity indicators are not in place.
1934.37There shall be a Medicaid reimbursement rate for supported living services without transportation as follows:
(a) Basic Support Level 1, which provides asleep overnight support for a home with three (3) residents and a direct care staff support ratio of 1:3 during all hours when individuals are awake and receiving services;(a) Basic Support Level 2, which provides awake overnight support for a home with three (3) residents and a direct care staff support ratio of 1:3 for staff awake overnight and 1:3 during all awake hours when the residents are receiving services;(b) Moderate Support Level 1, which provides asleep overnight support for a home with three (3) residents and a direct care staff support ratio of 2:3 for eight (8) hours a day, 1:3 during the remaining awake hours, and 1:3 staff asleep overnight coverage;(c) Moderate Support Level 2, which provides awake overnight support for a home with three (3) residents and a direct care staff support ratio of 2:3 for eight (8) hours a day, 1:3 during remaining awake hours, and 1:3 staff awake coverage overnight;(d) Intensive Support Level 1, which provides support for a home with three (3) residents and a direct care staff support ratio of 1:3 for staff awake overnight and 2:3 during all awake hours when the residents are receiving services and adjusted for increased absenteeism from day and employment programs;(e) Intensive Support Level 2, which provides support for a home with three (3) residents and a direct care staff support ratio of 2:3 for staff awake overnight and 2:3 during all awake hours when the residents are receiving services and adjusted for increased absenteeism from day and employment programs;(f) Basic Support Level 1, which provides asleep overnight support for a home with two (2) residents and a direct care staff support ratio of 1:2 during all hours when individuals are awake and receiving services;(g) Basic Support Level 2, which provides awake overnight support for a home with two (2) residents and a direct care staff support ratio of 1:2 for staff awake overnight and 1:2 during all awake hours when the residents are receiving services;(h) Moderate Support Level 1, which provides awake overnight support for a home with two (2) residents and a direct care staff support ratio of 2:2 for four (4) hours a day, 1:2 during remaining awake hours and 1:2 staff awake coverage overnight;(i) Moderate Support Level 2, which provides support in a SLR with two (2) residents and a direct care staff support ratio of 1:2 for staff awake overnight and 2:2 for eight (8) hours a day, 1:2 during remaining awake hours when residents are in the home and adjusted for increased absenteeism;(j) Intensive Support Level 1, which provides support in a home with two (2) residents and a direct care staff support ratio of 1:2 for staff awake overnight and 2:2 for all awake hours when residents are in the home and adjusted for increased absenteeism;(k) Supported living periodic services, as described under Subsection 1934.6, which shall be authorized up to sixteen (16) hours per day without transportation. A standard unit of service is fifteen (15) minutes and the provider shall provide at least eight (8) continuous minutes of service to bill one (1) unit of service;(l) A specialized service rate for supported living with skilled nursing services, described under Subsection 1934.5, when there are at least three (3) people living in the SLR and residing in a home that requires skilled nursing services and demonstrates extraordinary medical needs; provided, however, that this service requires a direct care staffing support ratio of 2:3, including at least one staff who is a licensed practical nurse during all awake hours, including awake overnight hours; and(m) A specialized service rate for twenty-four hour one-to-one supported living service for a person living in a single occupancy SLR, described under Subsection 1934.4, for asleep overnight staff and for one-to-one awake overnight staff.1934.38There shall be a Medicaid reimbursement rate for supported living services with transportation as follows:
(a) Basic Support Level 1, which provides asleep overnight support for a home with three (3) residents and a direct care staff support ratio of 1:3 during all hours;(b) Basic Support Level 2, which provides awake overnight support for a home with three (3) residents and a direct care staff support ratio of 1:3 for staff awake overnight and 1:3 during all awake hours;(c) Moderate Support Level 1, which provides asleep overnight support for a home with three (3) residents and a direct care staff support ratio of 2:3 for eight (8) hours a day, 1:3 during the remaining awake hours, and 1:3 staff asleep overnight coverage;(d) Moderate Support Level 2, which provides awake overnight support for a home with three (3) residents and a direct care staff support ratio of 2:3 for eight (8) hours a day, 1:3 during remaining awake hours, and 1:3 staff awake coverage overnight;(e) Intensive Support Level 1, which provides support for a home with three (3) residents and a direct care staff support ratio of 1:3 for staff awake overnight and 2:3 during all awake hours when the residents are receiving services and adjusted for increased absenteeism from day and employment programs;(f) Intensive Support Level 2, which provides support for a home with three (3) residents and a direct care staff support ratio of 2:3 for staff awake overnight and 2:3 during all awake hours when the residents are receiving services and adjusted for increased absenteeism from day and employment programs;(g) Basic Support Level 1, which provides asleep overnight support for a home with two (2) residents and a direct care staff support ratio of 1:2 staff asleep overnight coverage and 1:2 staff awake coverage when residents are receiving services;(h) Basic Support Level 2, which provides awake overnight support for a home with two (2) residents and a direct care staff support ratio of 1:2 for staff awake overnight and 1:2 during all awake hours when the resident is receiving services;(i) Moderate Support Level 1, which provides awake overnight daily rate for a home with two (2) residents and a direct care staff support ratio of 2:2 for four (4) hours a day, 1:2 during remaining awake hours and 1:2 staff awake coverage overnight;(j) Moderate Support Level 2, which provides support in a home with two (2) residents and a direct care staff support ratio of 1:2 for staff awake overnight and 2:2 for eight (8) hours a day, 1:2 during remaining awake hours when residents are receiving services and adjusted for increased absenteeism from day and employment programs;(k) Intensive Support Level 1, which provides support in a home with two (2) residents and a direct care staff support ratio of 1:2 for staff awake overnight and 2:2 for all awake hours when residents are receiving services and adjusted for increased absenteeism from day and employment programs;(l) Supported living periodic services, described under Subsection 1934.6, which shall be authorized up to sixteen (16) hours per day with transportation. A standard unit of service is fifteen (15) minutes and the provider shall provide at least eight (8) continuous minutes of service to bill one (1) unit of service;(m) A specialized service rate for supported living with skilled nursing services, described under Subsection 1934.5, when there are at least three (3) people living in the SLR and residing in a home that requires skilled nursing services and demonstrates extraordinary medical needs; provided, however, that this service requires a direct care staffing support ratio of 2:3, including at least one staff who is a licensed practical nurse during all awake hours, including awake overnight hours; and(n) A specialized service rate for twenty-four hour one-to-one supported living service for a person living in a single occupancy SLR, described under Subsection 1934.4 for asleep overnight staff and for one-to-one awake overnight staff.1934.39There shall be a specialized service rate for intensive individualized staffing to support a person or persons who have complex behaviors that involve a risk to the health, safety or well-being of the person or others or required by court order. The specialized service rate shall be determined by DDS on a case-by-case basis as appropriate to correspond with court-ordered staffing ratios.
1934.40For purposes of staffing and determining the Medicaid reimbursement rates for supported living services, assume sixteen (16) awake hours of the day on weekends or holidays and assume ten (10) to twelve (12) awake hours for all other days based on the level of support.
1934.41For purposes of staffing and determining the Medicaid reimbursement rates for supported living services, the overnight period is an eight (8) hour period of time.
1934.42The billable unit of service for Medicaid reimbursable supported living services, excluding periodic supported living services, shall be one (1) day (i.e. twenty-four (24) hours).
1934.43The Medicaid reimbursement rate assumes a ninety-five percent (95%) annual occupancy and includes any unanticipated absences due to illness from any day/vocational services.
1934.44Each provider of Medicaid reimbursable supported living services shall maintain the staffing ratio, described under Subsections 1934.37 and 1934.38, associated with the approved acuity rate for the residence. The DDA Service Coordinator shall generate an incident report if it is discovered that the staffing ratio is not maintained during DDA's quarterly visits to the SLR.
1934.45The Medicaid provider shall notify the DDS Service Coordinator to schedule a meeting to address the cause of any unanticipated absences that may result in a less than ninety-five percent (95%) occupancy rate or a reduced staffing ratio.
1934.46Medicaid reimbursable supported living periodic services are calculated based on the time the person is scheduled to be in their place of residence, except the provider may include the time the person is being transported by the provider to day programs, employment, professional appointments, community activities, and events.
1934.47Medicaid reimbursable supported living periodic services are calculated based on the time the person is scheduled to use residential services and may include the time the person is being transported by the provider to day programs, employment, professional appointments, community activities, and events.
1934.48All Supported Living and Supported Living with Transportation settings must be fully compliant with the requirements of the HCBS Settings Rule, 79 Federal Register 2947.
1934.49Supported Living Periodic services may be provided in person, by phone or by any other technology device that supports the use of Skype, FaceTime, or similar video service, as approved by the person and his or her support team and documented in the ISP.
1934.50Each provider of remote supported living services shall comply with the requirements of Section 1943 (Remote Supports Services) of Chapter 19 of Title 29 of DCMR.
1934.51There shall be a Medicaid reimbursement rate for supported living remote supports services without transportation as follows:
(a) Basic Support (3) Level 1 (Remote Overnight) (R-ON), which provides awake overnight support for a home with three (3) residents with available on-call staff for in-person support as needed during waking (day) hours at a staffing ratio of 1:10, overnight remote supports staffing ratio of 1:15 with available on-call staff for in-person support as needed at a staffing ratio of 1:20, the residents receive six (6) to eight (8) hours of remote supports overnight (ON), shall be provided as follows:(1) Basic Support (3) Level 1 (R-ON) + 1, the person receives two (2) to four (4) hours of remote supports and six (6) hours of in-person supports during the day. For overnight (ON), the person will receive two (2) hours of in-person support in which staff shall be available in the beginning and end of the night for at least an hour each, and eight (8) hours of remote supports; and(2) Basic Support (3) Level 1 (R-ON) + 2, the person receives six (6) to eight (8) hours of remote supports and a maximum of two (2) hours of in-person supports during the day. For overnight (ON), the person will receive two (2) hours of in-person support in which staff shall be available in the beginning and end of the night for at least an hour each, and eight (8) hours of remote supports.(b) Moderate Support (3) Level 1 (R-ON), which provides awake overnight support for a home with three (3) residents with available on-call staff for in-person support as needed during waking (day) hours at a staffing ratio of 1:10, overnight remote supports staffing ratio of 1:15 with available on-call staff for in-person support as needed at a staffing ratio of 1:20, the residents receive six (6) to eight (8) hours of remote supports overnight (ON), shall be provided as follows: (1) Moderate Support (3) Level 1 (R-ON) + 1, the person receives two (2) to four (4) hours of remote supports and six (6) hours of in-person supports during the day. For overnight (ON), the person will receive two (2) hours of in-person support in which staff shall be available in the beginning and end of the night for at least an hour each, and eight (8) hours of remote supports; and(2) Moderate Support (3) Level 1 (R-ON) + 2, the person receives six (6) to eight (8) hours of remote supports and a maximum of two (2) hours of in-person supports during the day. For overnight (ON), the person will receive two (2) hours of in-person support in which staff shall be available in the beginning and end of the night for at least an hour each, and eight (8) hours of remote supports.(c) Intensive Support (3) Level 1 (R-ON), which provides awake overnight support for a home with three (3) residents with available on-call staff for in-person support as needed during waking (day) hours at a staffing ratio of 1:10, overnight remote supports staffing ratio of 1:15 with available on-call staff for in-person support as needed at a staffing ratio of 1:20, the residents receive six (6) to eight (8) hours of remote supports overnight (ON), shall be provided as follows;(1) Intensive Support (3) Level 1 (R-ON) + 1, the person receives two (2) to four (4) hours of remote supports and six (6) hours of in-person supports during the day. For overnight (ON), the person will receive two (2) hours of in-person support in which staff shall be available in the beginning and end of the night for at least an hour each, and eight (8) hours of remote supports; and(2) Intensive Support (3) Level 1 (R-ON) + 2, the person receives six (6) to eight (8) hours of remote supports and a maximum of two (2) hours of in-person supports during the day. For overnight (ON), the person will receive two (2) hours of in-person support in which staff shall be available in the beginning and end of the night for at least an hour each, and eight (8) hours of remote supports.(d) Basic Support (2) Level 1 (R-ON), which provides awake overnight support for a home with two (2) residents with available on-call staff for in-person support as needed during waking (day) hours at a staffing ratio of 1:10, overnight remote supports staffing ratio of 1:15 with available on-call staff for in-person support as needed at a staffing ratio of 1:20, the residents receive six (6) to eight (8) hours of remote supports overnight (ON) as follows:(1) Basic Support (2) Level 1 (R-ON) + 1, the person receives two (2) to four (4) hours of remote supports and six (6) hours of in-person supports during the day. For overnight (ON), the person will receive two (2) hours of in-person support in which staff shall be available in the beginning and end of the night for at least an hour each, and eight (8) hours of remote supports; and(2) Basic Support (2) Level 1 (R-ON) + 2, the person receives six (6) to eight (8) hours of remote supports and a maximum of two (2) hours of in-person supports during the day. For overnight (ON), the person will receive two (2) hours of in-person support in which staff shall be available in the beginning and end of the night for at least an hour each, and eight (8) hours of remote supports.(e) Moderate Support (2) Level 1 (R-ON), which provides awake overnight support in a home with two (2) residents with available on-call staff for in-person support as needed during waking (day) hours at a staffing ratio of 1:10, overnight remote supports staffing ratio of 1:15 with available on-call staff for in-person support as needed at a staffing ratio of 1:20, the residents receive six (6) to eight (8) hours of remote supports overnight (ON), shall be provided as follows: (1) Moderate Support (2) Level 1 (R-ON) + 1, the person receives two (2) to four (4) hours of remote supports and six (6) hours of in-person supports during the day. For overnight (ON), the person will receive two (2) hours of in-person support in which staff shall be available in the beginning and end of the night for at least an hour each, and eight (8) hours of remote supports; and(2) Moderate Support (2) Level 1 (R-ON) + 2, the person receives six (6) to eight (8) hours of remote supports and a maximum of two (2) hours of in-person supports during the day. For overnight (ON), the person shall receive two (2) hours of in-person support in which staff shall be available in the beginning and end of the night for at least an hour each, and eight (8) hours of remote supports.(f) Intensive Support (2) Level 1 (R-ON), which provides awake overnight support in a home with two (2) residents with available on-call staff for in-person support as needed during waking (day) hours at a staffing ratio of 1:10, overnight remote supports staffing ratio of 1:15 with available on-call staff for in-person support as needed at a staffing ratio of 1:20, the residents receive six (6) to eight (8) hours of remote supports overnight (ON) as follows: (1) Intensive Support (2) Level 1 (R-ON) + 1, the person receives two (2) to four (4) hours of remote supports and six (6) hours of in-person supports during the day. For overnight (ON), the person will receive two (2) hours of in-person support in which staff shall be available in the beginning and end of the night for at least an hour each, and eight (8) hours of remote supports; and(2) Intensive Support (2) Level 1 (R-ON) + 2, the person receives six (6) to eight (8) hours of remote supports and a maximum of two (2) hours of in-person supports during the day. For overnight (ON), the person will receive two (2) hours of in-person support in which staff shall be available in the beginning and end of the night for at least an hour each, and eight (8) hours of remote supports.(g) Supported living 1:1 (R-ON), which provides awake overnight support in a single-occupancy home with one (1) resident with available on-call staff for in-person support as needed during waking ("day") hours at a staffing ratio of 1:10, overnight remote supports staffing ratio of 1:15 with available on-call staff for in-person support as needed at a staffing ratio of 1:20, the resident receives six (6) to eight (8) hours of remote supports overnight as follows: (1) Supported living 1:1 (R-ON) + 1, the person receives two (2) to four (4) hours of remote supports and six (6) hours of in-person supports during the day. For overnight (ON), the person will receive two (2) hours of in-person support in which staff shall be available in the beginning and end of the night for at least an hour each, and eight (8) hours of remote supports; and(2) Supported living 1:1 (R-ON) + 2, the person receives six (6) to eight (8) hours of remote supports and a maximum of two (2) hours of in-person supports during the day. For overnight (ON), the person will receive two (2) hours of in-person support in which staff shall be available in the beginning and end of the night for at least an hour each, and eight (8) hours of remote supports.1934.52Remote supported living services staffing ratio for awake (daytime) hours is 1:6 and must have active, continuous engagement and contact with the remote supports platform. Supported living overnight staffing ratio is 1:15. Staff shall be available during the service hours and document that they are continuously engaged with the person and/or the remote supports responder platform to bill for hourly services rendered. Corresponding on-call remote supports staffing ratio during waking (day) hours is 1:10 and sleeping hours is 1:20. The on-call remote staff shall be connected to each person assigned via the remote platform.
1934.53The transportation component of remote supported living with transportation services and supported living periodic with transportation remote supports services shall maintain the same reimbursement rates as in-person reimbursement rates.
1934.54HCBS Waiver providers providing supported living through remote supports services must meet the criteria, as specified at §§ 1943.
D.C. Mun. Regs. tit. 29, r. 29-1934
Final Rulemaking published at 61 DCR 2621 (March 28, 2014); amended by Final Rulemaking published at 62 DCR 11872 (8/28/2015); amended by Final Rulemaking published at 63 DCR 6126 (4/22/2016); amended by Final Rulemaking published at 69 DCR 10218 (8/12/2022); amended by Final Rulemaking published at 71 DCR 10372 (8/16/2024)Authority: An Act to enable the District of Columbia to receive federal financial assistance under Title XIX of the Social Security Act for a medical assistance program, and for other purposes, approved December 27, 1967 (81 Stat. 744; D.C. Official Code § 1-307.02 (2012 Repl.), and the Department of Health Care Finance Establishment Act of 2007, effective February 27, 2008 (D.C. Law 17-109; D.C. Official Code § 7-771.05(6) (2012 Repl.)).