B 24-0268 — Developmental Disability Eligibility Reform Amendment Act of 2021

ENGROSSEDENROLLED ORIGINAL AAN BILLACT 3______________ 24-268 5 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 7 _________________________ 9 To amend the Department on Disability Services Establishment Act of 2006 to include persons with developmental disabilities as eligible for services provided by the Department on Disability Services and its Developmental Disabilities Administration and to require the Mayor to seek any waivers and exemptions from federal Medicaid statutes, rules, and regulations necessary to expand the People with Intellectual and Developmental Disabilities Waiverwaiver and the Individual and Family Supports Waiverwaiver to include persons with developmental disabilities;

“(1) “Community-based services” means specialized or generic services for the evaluation, care, and habilitation of persons with intellectual or developmental disabilities, in a community setting, directed toward the intellectual, social, personal, physical, emotional, or ENGROSSED ORIGINAL economic development of a person with an intellectual or developmental disability.

The services shall include,include but not be limited to, diagnosis, evaluation, treatment, day habilitation, training, education, supported employment, recreation, counseling of the person with an intellectual or developmental disability and his or her family, protective and other social and socio-legal services, information and referral, and transportation to assure delivery of services to persons of all ages with intellectual or developmental disabilities.”.

ENROLLED ORIGINAL “(3A) “Developmental disability” means a severe and chronic disability of a person that:

ENGROSSED ORIGINAL “(iii) Functional academics;

“(7A) “Intellectual disability” or “persons with intellectual disabilities” means a person that is diagnosed before 22 years of age with an intellectual disability as set forth in the the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.”.

ENGROSSED ORIGINAL (2) Paragraph (2) is amended by striking the phrase “developmental disabilities” and inserting the phrase “intellectual or developmental disabilities” in its place.

(A) Sub-paragraphSubparagraph (A) is amended by striking the phrase “;

(B) Sub-paragraphSubparagraph (B) is amended by striking the semi-colon and inserting the phrase “;

ENROLLED ORIGINAL (2) A new sub-paragraphSubparagraph (C) is added to read as follows:

ENGROSSED ORIGINAL (d) Section 105b(a) (D.C.

“(a) The Department and DHCF shall enter into an agreement for the Department to direct:direct policy development and design of services, rate-setting, and support provided under the home and community-based services waiver for Individuals with Intellectual and Developmental Disabilities or any other waiver targeted for people with intellectual or developmental disabilities and their families that is approved under section 1915(c) of the Social Security Act, approved August 13, 1981 (95 Stat.

policy development and design of services, rate-setting, and support provided under the Home and Community-Based Services Waiver for Individuals with Intellectual and Developmental Disabilities or any other waiver targeted for people with intellectual or developmental disabilities and their families that is approved under section 1915(c) of the Social Security Act, approved August 13, 1981 (95 Stat.

and policies, ENGROSSED ORIGINAL services, and supports related to the operation of intermediate care facilities for individuals with intellectual or developmental disabilities.”.

(2) A new subsection (c) is added to read as follows:“(c) Within 90 days of the effective date of thisthe subsection,Developmental Disability Eligibility Reform Amendment Act of 2022, passed on 2nd reading on March 1, 2022 (Enrolled version of Bill 24-268), the Mayor shall seek any amendments, waivers, or exemptions of federal statutes and regulations necessary to expand the District’s People with Intellectual and Developmental Disabilities Waiverwaiver and the Individual and Family Support Waiverwaiver to include persons with developmental disabilities, as that term is defined in section 102(3A).

ENROLLED ORIGINAL (h) Section 109 (D.C.

Official Code§Code § 2-501 et seq.), shall issue rules to implement section 107(c).”.

Official Code § 7-761.10) is amended by striking the phrase “intellectual and” both placestimes it appears and inserting the phrase “intellectual or” in its place.

ENGROSSED ORIGINAL (k) Section 113(a)(2) (D.C.

Official Code § 7-1301.017-1301.02 et seq.), is amended as follows:

“(5) “Community-based services” means specialized or generic services for the evaluation, care and habilitation of persons with intellectual or developmental disabilities, in a community setting, directed toward the intellectual, social, personal, physical, emotionalemotional, or economic development of a person with an intellectual or developmental disability.

SuchThe services shall include,include but not be limited to, diagnosis, evaluation, treatment, day habilitation, training, education, supported employment, recreation, counseling of the person with an intellectual or developmental disability and his or her family, protective and other social and socio-legal services, information and referral, and transportation to assure delivery of services to persons of all ages who have intellectual or developmental disabilities.”.

ENGROSSED ORIGINAL (B) A new paragraph (8D) is added to read as follows:

ENROLLED ORIGINAL “(B) Is manifested before 22 years of age;

ENGROSSED ORIGINAL (C) Paragraph (12) is amended by striking the phrase “intellectual disability” and inserting the phrase “intellectual or developmental disability” in its place.

“(15A) “Intellectual disability” or “persons with intellectual disabilities” means a person diagnosed before 22 years of age with an intellectual disability as set forth in the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association..”.Association.”.

(A) Subsection (a) is amended by striking the word “intellectual” both placestimes it appears and inserting the phrase “intellectual or developmental” in its place.

(2)(B) Subsection (e)(1) is amended by striking the word “intellectual” and inserting the phrase “intellectual or developmental” in its place.

ENGROSSED(2) ORIGINAL (3) Section 504(d)(1) (D.C.

(4)(3) Section 513(a) (D.C.

(5)ENROLLED ORIGINAL (4) Section 514(a) (D.C.

(1) SectionA 603new (D.C.section 602a is added to read as follows:

Official Code § 7-1306.03) is amended by striking the word “intellectual” and inserting the phrase “intellectual or developmental” in its place.

(2) A new section 606 is added to read as follows:

606.602a.

“Individuals currently deemed eligible and receiving services under this act shall not have their eligibility altered or impacted by the Developmental Disability Eligibility Reform Amendment Act of 2022, aspassed approved by the Committee on Human2nd Servicesreading on JanuaryMarch 20,1, 2022 (Committee(Enrolled printversion of Bill 24-268).”.24- 268).”.

(2) Section 603 (D.C.

Official Code § 7-1306.03) is amended by striking the word “intellectual” and inserting the phrase “intellectual or developmental” in its place.

ENGROSSED ORIGINAL (b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.

This act shall take effect after approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December ENROLLED ORIGINAL 24, 1973 (87 Stat.