D.C. Mun. Regs. tit. 29, r. 29-9099

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 29-9099 - DEFINITIONS
9099.1

When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Abbreviated Readiness Process - A process that assures that existing providers that have been approved as HCBS Waiver providers possess and demonstrate the capability to effectively serve people with disabilities and their families by providing the framework for identifying qualified providers ready to begin serving people in the Waiver and assisting those providers already in the DDS/DDA system who may need to improve provider performance.

Advance Practice Registered Nurse (APRN) or Nurse Practitioner (NP) - An individual who is licensed to practice nursing pursuant to the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§3-1202et seq.), or licensed to practice nursing in the jurisdiction where the services are being provided.

Anthropometric assessment - A clinical approach utilizing noninvasive methods to assess the size or body composition of an individual.

Archive - Maintenance and storage of records.

Audiologist - A person who meets the education and experience requirements for a Certificate of Clinical Competence in the area of audiology granted by the American Speech and Hearing Association or is licensed or certified as an audiologist in the state where the services are provided.

Audiologist Assistant - Support personnel who, following academic or on-the-job training, perform tasks prescribed, directed, and supervised by ASHA-certified audiologists.

Behavior Management Specialist - An individual who has the training and experience in the theory and technique of changing the behavior of individuals to enhance their learning of life skills and adaptive behaviors, and to decrease maladaptive behaviors, and who works under the supervision of a licensed practitioner.

Behavioral Support Plan - A plan that is a component of the ISP that outlines positive supports and strategies to help a person ameliorate and/or eliminate the negative impact of one or more challenging behaviors that have a negative impact on a person's ability to achieve his/her goals.

Benefits Counseling - Analysis and advice provided to a person to help him/her understand the potential impact of employment on his/her public benefits, including but not limited to Supplemental Security Income, Medicaid, Social Security Disability Insurance, Medicare, and Food Stamps.

Bereavement counseling - A form of psychotherapy that aims to help a person cope with grief and mourning following a major life change or the death of a loved one.

Board Certified Behavior Analyst - An individual with at least a Master's Degree and a certificate from the Behavioral Analyst Certification Board (BCABA), in the jurisdiction where the credential is accepted.

Board Certified Assistant Behavior Analyst - An individual with at least a Bachelor's Degree and a certificate from the BACBA in the jurisdiction where the credential is accepted.

Centers for Medicare and Medicaid Services (CMS) - The federal agency under Title XIX of the Social Security Act responsible for approving HCBS waiver applications and monitoring the operation of waiver programs in the states and the District of Columbia.

Certified provider - an entity that directly employs at least one person in addition to the chief executive officer for the purpose of providing services for which the entity shall be certified or credentialed in Enabling Technology through the Shift Program.

Community integration plan - A plan that includes structured activities and practical experiences by incorporating goals and strategies that best meets the person's interests, needs and learning styles, and that can be implemented within a flexible time period.

Competitive Integrated Employment - Full or part-time work at minimum wage or higher, with wages and benefits, and opportunities for advancement similar to those without disabilities performing the same work, and fully integrated with co-workers without disabilities.

Continuous Quality Assurance Plan - A plan that has a systematic approach to assessing Waiver services and supports designed to ensure Waiver requirements are implemented on an ongoing basis including activities that emerge from a systematic and organized framework that tracks improvement.

Couples - Married or unmarried persons in a relationship, including same-sex relationships.

Day Habilitation Plan - A person-centered plan developed by the day habilitation provider, based on a person-centered planning process that takes into account the results of a functional analysis, ISP, Plan of Care and other available information which lists services and outlines preferences, interests, and measurable outcomes to enable the person to reside, work and participate in the community, and maintain the person's health.

Department on Disability Services (DDS) - The agency that provides services to District of Columbia residents with intellectual and other disabilities through its Developmental Disabilities Administration and Rehabilitation Services Administration.

Developmental disability - as defined in D.C. Official Code §§ 7-761.02(3A) and 7-1301.03(8D), and as amended by the Developmental Disability Eligibility Reform Amendment Act of 2022, effective May 18, 2022 (D.C. Law 24- 117; D.C. Official Code §§ 7-761.02et seq.).

Diagnostic Assessment Report - A report that summarizes the person's psychological and behavioral functioning to determine whether the person may benefit from a Behavioral Support Plan based upon the person's presenting problems and individual goals.

Direct Support Professional (DSP) - An individual who works directly with people with developmental disabilities with the aim of assisting the person to become integrated into his or her community or the least restrictive environment.

EPSDT - Early and Periodic Screening, Diagnostic, and Treatment Services designed for Medicaid-eligible children under the age of twenty-one (21) that include periodic screenings to identify physical and mental conditions, vision, hearing, and dental, as well as diagnostic and treatment services to correct conditions identified during screenings.

Fade-out plan - A plan used by providers to ensure that the restrictive technique or processes utilized are gradually and ultimately eliminated in the person's plan of care.

Family - Anyone who is related to the person by blood, marriage, or adoption.

Fitness training - Instruction using exercise and weight training to promote a person's overall health and physical well-being to maintain a healthy weight range.

Functional Analysis - The process of identifying a person's specific strengths, preferences, developmental needs, and need for services by identifying the person's present developmental level, health status, expressed needs and desires of the person and his or her family, and environmental or other conditions that would facilitate or impede the person's growth and development.

Functional Behavioral Analysis - A comprehensive and individualized process for identifying events that precede and follow a target behavior in order to develop hypotheses regarding the purpose of the target behavior and identify positive changes to be made.

Group Home for a Person with an Intellectual Disability - The same as the definitions and licensure requirements as set forth in Health-Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48; D.C. Official Code §§ 44-501et seq.), and implementing rules.

Group Supported Employment - An integrated setting in competitive employment in which a group of two (2) to four (4) persons or four to eight (8) persons are working at a particular work setting. The persons may be disbursed throughout the company or among workers without disabilities.

HCBS Settings Rule - The Centers for Medicare & Medicaid Services (CMS) final rule on Medicaid home and community-based services (HCBS), effective March 17, 2014. See 79 Fed. Reg. 2947 (Jan. 16, 2014).

Health Care Management Plan - A written document designed to evaluate a person's health care status and to provide recommendations regarding the treatment and amelioration of health care issues by identifying types of risk, interventions to manage identified risks, persons responsible for carrying out interventions, and persons responsible for providing an evaluation of outcomes and timeframes.

Home and Community-Based Services Waiver for Individual and Family Support (IFS waiver) - The IFS waiver is a District of Columbia Medicaid program as approved by the Council of the District of Columbia and CMS that funds home and community-based services and supports as an alternative to receiving services in an Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF/IID).

Home Health Agency - Shall have the same meaning as "home care agency" and shall meet the definitions and licensure requirements as set forth in the Health-Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48; D.C. Official Code §§ 44-501et seq.), and implementing rules.

Host Home - The residence owned or leased by the homeowner or principal care provider who provides host home services to the person enrolled in the ID/DD Waiver.

Individual Habilitation Plan - The plan as set forth in Section 403 of the Citizens with Intellectual Disabilities Constitutional Rights and Dignity Act of 1978, effective March 3, 1979 (D.C. Law 2-137; D.C. Official Code §§ 7-1304.03).

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

Individual Supported Employment - A supported employment strategy in which a job coach places a person into competitive or customized employment through a job discovery process, provides training and support, and then gradually reduces time and assistance at the work site.

Integrated Work Setting - A work setting that provides a person enrolled in the Waiver with daily interactions with other employees without disabilities or the general public.

Intellectual disability - as defined in D.C. Official Code §§ 7-761.02(7A) and 7-1301.03(15A), and as amended by the Developmental Disability Eligibility Reform Amendment Act of 2022, effective May 18, 2022 (D.C. Law 24- 117; D.C. Official Code §§ 7-761.02et seq.).

Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF/IID) - The same meaning as an "Intermediate Care Facility for Individuals with Intellectual Disabilities" as set forth in Section 1905(d) of the Social Security Act.

ICF/IID Level of Care Criteria - These criteria establish the diagnostic and functional eligibility criteria for IFS waiver services and are set forth in 29 DCMR §§ 9002.1 to 9002.4, as amended.

ISP Year - The three hundred and sixty five (365) day period during which a person's ISP is in effect.

Licensed Independent Clinical Social Worker - An individual who is licensed to practice social work pursuant to the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1208et seq.) or licensed to practice social work in the jurisdiction where the services are being provided.

Licensed Graduate Social Worker - An individual who is licensed to practice social work pursuant to the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1208et seq.) or licensed to practice social work in the jurisdiction where the services are being provided.

Licensed Independent Social Worker - An individual who is licensed to practice social work pursuant to the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1208et seq.) or licensed to practice social work in the jurisdiction where the services are being provided.

Licensed Professional Counselor - An individual who is licensed to practice counseling pursuant to the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1207et seq.) or licensed to practice counseling in the jurisdiction where the services are being provided.

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 16-18; D.C. Official Code §§ 2-220.01 to .11).

Long-term follow along activities - Ongoing support services considered necessary to assure job retention.

Massage therapy - The therapeutic practice of manipulating the muscles and limbs to ease tension, reduce pain, enhance function, aid in the healing process, and promote relaxation and well-being.

Medical Professionals - Individuals who are trained clinicians and deliver medical services.

Mental Health Habilitation Services - Mental health services provided by a Department of Behavioral Health (DBH) certified community mental health provider to consumers to assist consumers in partially or fully acquiring or improving skills and functioning in accordance with the District of Columbia State Medicaid Plan, the DHCF/DBH Interagency Agreement, and Chapter 34 of Title 22-A DCMR.

Monitoring base - the off-site location from which the remote supports staff monitor and support an individual.

Non-job, task-specific skills - General skills designed to support employment goals, such as resume writing, interviewing skills, and the ability to communicate effectively.

Nutrition evaluation/consultation- The evaluation and assessment of a person's nutritional status based on their symptoms, health goals, and diet to maximize the person's overall health.

Occupational Therapist - An individual who is licensed to practice occupational therapy pursuant to the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§3-1201et seq.) or licensed to practice occupational therapy in the jurisdiction where services are provided.

On-call support person - the person who is responsible for responding in the event of an emergency or when an individual receiving remote supports services otherwise needs assistance or the equipment used for delivery of remote supports stops working for any reason. On-call support must be provided by a paid staff employed by an agency provider of behavioral support, bereavement counseling, creative art therapies, day habilitation, employment readiness, family training services, fitness training, nutrition evaluation/consultation services, occupational therapy, parenting support, sexuality education, speech, hearing, and language, and supported employment, for an individual enrolled in the IFS Waiver. When on-call support is provided on a paid basis by an agency provider or in an agency-with-choice arrangement, the agency provider shall be the primary contact for the remote support's vendor.

Participant-directed worker - an individual meeting the qualifications set forth in §§ 9011 who is hired by the participant/representative employer to provide participant-directed services.

Person - An individual enrolled in the HCBS Waiver for Individual and Family Support (IFS Waiver) program.

People - Individuals enrolled in the HCBS Waiver for Individual and Family Support (IFS Waiver) program.

Person centered - An approach that focuses on what is important to the person based on his or her needs, goals, and abilities rather than using a general standard applicable to all people.

Person's home - The natural home of the person, which does not include an institutional or residential facility or foster home.

Physical Therapist - An individual who is licensed to practice physical therapy pursuant to Section 501 of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1205.01) or licensed to practice physical therapy in the jurisdiction where services are provided.

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

Positive behavioral support strategies - An alternative to traditional or punitive approaches for managing challenging behaviors that focuses on changing the physical and interpersonal environment and increasing skills so that the person is able to get his/her needs met without having to resort to challenging behavior.

Private Practice - An individual whose practice is an unincorporated solo practice or unincorporated partnership. Private practice also includes an individual who is practicing therapy as an employee of an unincorporated practice, a professional corporation, or other incorporated therapy practice. Private practice does not include individuals when they are working as employees of a hospital, nursing facility, clinic, home health agency, rehabilitation facility or any other entity that has a Medicaid provider agreement which includes physical therapy in the provider's reimbursement rate.

Proactive strategies - Specific interventions such as staff actions or environmental modifications that prevent the occurrence of target behaviors.

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.

Provider for the agency - The roommate of the person receiving waiver supports, who is hired as a contract employee by the Waiver provider to provide shared living supports to the person.

Psychiatrist - An individual licensed to practice psychiatry pursuant to the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§3-1202et seq.) or licensed as a psychiatrist in the jurisdiction where the services are being provided.

Psychologist - An individual licensed to practice psychology pursuant to the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§3-1202et seq.) or licensed as a psychologist in the jurisdiction where the services are being provided.

Qualified Intellectual Disabilities Professional - [Repealed].

Rehabilitation Specialist - An individual with a Master's degree in Rehabilitation Counseling or a similar degree from an accredited university; an individual with a Master's degree in a social services discipline and a minimum of one (1) year of experience in a supported employment program or equivalent; or an individual with a Master's degree in a social services discipline and certification from the Commission on Rehabilitation Counselor Certification or a similar national organization.

Registered Nurse - An individual who is licensed or authorized to practice registered nursing pursuant to the District of Columbia Health Occupations Revisions Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§3-1201et seq.), as amended, or licensed as a registered nurse in the jurisdiction where services are provided.

Remote supports - the provision of supports by staff of an appropriately certified provider at a remote location and/or through an electronic method of service delivery who are engaged with individual(s) through equipment with the capability for live two-way communication.

Remote supports provider - the appropriately certified provider identified in the Individual Service Plan (ISP).

Remote supports vendor - the agency provider that supplies the monitoring base, the remote supports staff who monitor an individual from the monitoring base, and the equipment used in the delivery of remote supports.

Sensor - the equipment used to notify the remote supports staff or other persons designated in the individual service plan of a situation that requires attention or activity which may indicate deviations from routine activity and/or future needs.

Sensorimotor - Functioning in both sensory and motor aspects of bodily activity.

Serious Reportable Incident - Events that due to severity require immediate response, notification to, and investigation by DDS in addition to the internal review and investigation by the provider agency. Serious reportable incidents include death, allegations of abuse, neglect or exploitation, serious physical injury, inappropriate use of restraints, suicide attempts, serious medication errors, missing persons, and emergency hospitalization.

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

Sexuality education - A comprehensive training about various aspects of sexuality, including information about family planning; reproduction; body image; sexual orientation; sexual pleasure and decision making; communication; sexually transmitted infections; safe sexual practices; birth control methods; and how to reduce the likelihood of sexual victimization.

Shift program - the online learning curriculum and accreditation platform designed to standardize best practices in Technology First programming.

Situational Assessment - A type of assessment that provides the person an opportunity to explore job tasks in work environments in the community to identify the type of employment that may be beneficial to the person and the support required by each person to succeed in his/her work environment. This assessment shall include observation of the person at the work site, identification of work site characteristics, training procedures, identification of supports needed for the person, and recommendations and plans for future services, including the appropriateness of continuing supported employment.

Skilled Nursing - Health care services that are delivered by a registered or practical nurse acting within the scope of their practice and shall meet the definitions and licensure requirements as set forth in the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§3-1201et seq.), as amended, and implementing rules.

Small Group Day Habilitation - Day habilitation services delivered in small group settings at a ratio of one-to-three for persons with higher intensity support needs in a setting not to exceed fifteen (15) people.

SMARTER Goals -Goals that are: Specific, Measurable, Attainable, Relevant and Time-Bound, Evaluated, and Revisable.

Special Education Teacher - An individual with a Master's Degree in Special Education from an accredited college or university and a teacher's certificate in the jurisdiction where services are provided.

Speech Pathologist - An individual who meets the education and experience requirements for a Certificate of Clinical Competence in the areas of speech pathology granted by the American Speech and Hearing Association (ASHA) or is licensed or certified as a speech pathologist in the state where the services are provided.

Speech Pathologist Assistant - Support personnel who, following academic or on-the-job training, perform tasks prescribed, directed, and supervised by ASHA-certified speech language pathologists.

Staffing Plan - A written document that includes the numbers and titles of staff assigned to the particular person, 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 person receiving services.

Stage of Change - a model that describes how an individual or organization integrates new behaviors, goals, and programs at various levels.

Stipend - Nominal fee paid to a person for attendance or participation in activities designed to achieve his or her employment goal, as identified in the person's ISP.

Substantial Gainful Activity (SGA) - A level of work activity and earning that is consistent with 20 CFR §§ 404.1510 and 404.1571-404.1576.

Summary of Supports and Services - A written document that lists the various supports and services to be received by a person and a component of the person's ISP.

Support Team - A group of individuals providing support to a person with an intellectual/developmental disability, who have the responsibility of performing a comprehensive person-centered evaluation to support the development, implementation, and monitoring of the person's ISP and Plan of Care.

Supported Living Residence - A residence owned or leased by the provider or a residence owned or leased by the person receiving services.

Target behavior - The challenging behaviors to be addressed by staff.

Temporary Emergency - A sudden change in the medical condition or behavioral status of a person receiving in-home supports services or their caregiver that warrants additional hours of in-home supports services.

Trained Medication Employee - An individual employed to work in a program who has successfully completed a training program approved by the Board of Nursing and is certified to administer medication to program participants.

Travel Skills Training - Training the person to use public transportation to travel safely to their job or training work site.

Treatment Plan - A written plan that includes diagnostic findings, preventative care, and treatment recommendations resulting from a comprehensive evaluation of the person's dental health needs.

Vocational Assessment - An assessment designed to assist a person, their family and service providers with specific employment related data that will generate positive employment outcomes. The assessment should address the person's life, relationships, challenges, and perceptions as they relate to potential sources of community support and mentorship.

Waiting list - the list of individuals who have been reviewed and assessed by DDA, have been assigned a priority ranking, and are waiting for an opening in the DDA HCBS IFS waiver program to be enrolled and receive services.

Waiver - HCBS Waiver for Individual and Family Support (IFS Waiver) as approved by CMS.

D.C. Mun. Regs. tit. 29, r. 29-9099

Final Rulemaking published at 69 DCR 10229 (8/12/2022); amended by Final Rulemaking published at 71 DCR 10475 (8/23/2024)