1. (a) The Department and DHCF shall enter into an agreement for the Department to 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. 809; 42 U.S.C. § 1369n); and policies, services, and supports related to the operation of intermediate care facilities for individuals with intellectual or developmental disabilities.
2. (b) Nothing in this chapter shall affect the status of the DHCF as the single state agency for the administration of the Medicaid Program under section 1902(a)(5) of the Social Security Act, approved July 30, 1965 (79 Stat. 344; 42 U.S.C. § 1396a(a)(5)).
3. (c) Within 90 days of May 18, 2022, the Mayor shall seek any amendments, waivers, or exemptions of federal statutes and regulations necessary to expand the People with Intellectual and Developmental Disabilities waiver and the Individual and Family Support waiver to include persons with developmental disabilities, as that term is defined in § 7-761.02(3A)

History

Mar. 14, 2007, D.C. Law 16-264, § 107, 54 DCR 818

Sept. 26, 2012, D.C. Law 19-169, § 15(c), 59 DCR 5567

Feb. 26, 2015, D.C. Law 20-155, § 5002(d), 61 DCR 9990

May 18, 2022, D.C. Law 24-117, § 2(g)

Editor's Notes

Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 5002(d) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 5002(d) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 5002(d) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 day) addition, see § 107 of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).

For temporary (90 days) amendment of this section, see § 3054(c) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 3054(c) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

Effect of Amendments

The 2015 amendment by D.C. Law 20-155 rewrote (a); and substituted “DCHF” for “Medical Assistance Administration” in (b).

The 2012 amendment by D.C. Law 19-169 substituted “intellectual or developmental disabilities” for “mental retardation” in (a).

Applicability

Applicability of D.C. Law 24-117: § 4 of D.C. Law 24-117 provided that the change made to this section by § 2(g) of D.C. Law 24-117 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7139 of D.C. Law 24-167 amended section 4 of D.C. Law 24-117 removing the applicability provision impacting this section. Therefore the amendment of this section by section 2(g) of Law 24-117 has been implemented.