Section 4-2004 - Eligibility for payment(a) It shall not be a violation of this act for a direct care service provider to pay a direct care professional less than 117.6% of the District minimum wage pursuant to section 4 of the Minimum Wage Act Revision Act of 1992, effective March 25, 1993 (D.C. Law 9-248; D.C. Official Code § 32-1003 ), or 117.6% of the District living wage pursuant to the Living Wage Act of 2006, effective June 8, 2006 (D.C. Law 16-118; D.C. Official Code § 2-220.01et seq.), if the direct care service provider creates a tiered compensation schedule that: (1) Considers a direct care professional's qualified experience in the field and their demonstrated competency; and(2) Ensures that, on average, all direct care professionals were paid a wage that is equal to at least the greater of either 117.6% of the District minimum wage pursuant to section 4 of the Minimum Wage Act Revision Act of 1992, effective March 25, 1993 (D.C. Law 9-248; D.C. Official Code § 32-1003 ), or 117.6% of the District living wage pursuant to the Living Wage Act of 2006, effective June 8, 2006 (D.C. Law 16-118; D.C. Official Code § 2-220.01et seq.).(2) Subsection (b) is amended by striking the phrase "Each year subsequent to the first year of payment, a service provider that received payment pursuant to section 3 the prior year shall demonstrate to DHCF that it paid its direct support professionals the proscribed hourly rate for that year as determined by section 4 " and inserting the phrase "During Fiscal Year 2025 and each fiscal year thereafter, a direct care service provider reimbursed by the District at a rate established pursuant to this act shall demonstrate to the Mayor that it paid its direct care professionals a wage that, on average, is equal to at least the greater of either 117.6% of the District minimum wage pursuant to section 4 of the Minimum Wage Act Revision Act of 1992, effective March 25, 1993 (D.C. Law 9-248; D.C. Official Code § 32-1003 ), or 117.6% of the District living wage pursuant to the Living Wage Act of 2006, effective June 8, 2006 (D.C. Law 16-118; D.C. Official Code § 2-220.01et seq.)," in its place.(b) Each year subsequent to the first year of payment, a service provider that received payment pursuant to section 3 the prior year shall demonstrate to DHCF that it paid its direct support professionals the prescribed hourly rate for that year as determined by section 4 in the service provider's operating budget cycle, inclusive of overtime wages and bonuses, to remain eligible for payment for the current year.Amended by D.C. Law 24-167,§ V-K-5102, 69 DCR 009223, eff. 9/21/2022.Apr. 16, 2020, D.C. Law 23-77, § 5, 67 DCR 2535.