10106.1 Services My Way participants shall receive financial management services and information and assistance services through the VF/EA FMS-Support Broker entity selected by DHCF through a competitive procurement process.

10106.2 The VF/EA FMS-Support Broker entity shall operate in accordance with 26 USC § 3504 and Rev. Proc. 70-6, as modified by REG-137036 and Rev. Proc. 2013-39, as well as all applicable federal and District labor, citizenship and immigration, and workers compensation requirements.

10106.3 The VF/EA FMS-Support Broker entity shall consist of the following two (2) divisions:

1. (a) The Financial Management Services Division; and
2. (b) The Support Broker Division.

10106.4 The VF/EA FMS-Support Broker entity's Financial Management Services Division shall provide the following services to Services My Way participants:

1. (a) Assist participants in verifying citizenship status of prospective PDWs;
2. (b) Report PDWs in the District New Hire Reporting System;
3. (c) Collect and process timesheets for PDWs;
4. (d) Process payroll, withholding, filing and payment of applicable federal and District employment-related taxes and insurance for PDWs;
5. (e) Manage the receipt and renewal of workers' compensation insurance policies for participants' PDWs;
6. (f) Track and report participant funds, disbursements, and the balance of participant funds;
7. (g) Process and pay invoices for individual-directed goods and services outlined in the participant's PCP and approved PDS budget;
8. (h) Provide participants with periodic reports of expenditures and the status of their PDS budgets, as described in § 10113.2;

(i) Provide customer service, including toll-free phone numbers, written translation and oral language services in accordance with the Language Access Act of 2004, effective June 19, 2004 (D.C. Law 15-167; D.C. Official Code §§ 2-1931 et seq.); and

(j) Any other services specified in the VF/EA FMS-Support Broker entity contract and accompanying documents.

10106.5 The VF/EA FMS-Support Broker entity's Financial Management Services Division shall execute the following tasks on behalf of DHCF:

(a) Execute Medicaid provider agreements for PDWs and individual-directed goods and services vendors providing goods or services and maintaining such agreements as authorized under a written agreement with DHCF;

(b) Process returned PDW payroll checks and returned payments to individual-directed goods and services vendors in accordance with the District Unclaimed Property Law, effective March 5, 1981 (D.C. Law 3-160; D.C. Official Code §§ 41-101 et seq.); and

(c) Any other tasks specified in the VF/EA FMS-Support Broker entity contract and accompanying documents.

10106.6 The VF/EA FMS-Support Broker entity's Support Broker Division shall provide each Services My Way participant with a support broker to furnish information and assistance services. Support brokers shall provide the following services to Services My Way participants:

(a) Assist participants in designating an authorized representative, if participants choose to do so;

(b) Provide initial orientation to participants and authorized representatives, as appropriate, on participating in the Services My Way program, including the role and responsibilities of acting as a "common law employer "and the VF/EA FMS-Support Broker entity, the exercise of employer and budget authority, and management of the PDS budget;

(c) Provide initial and ongoing skills training to participants and authorized representatives, as appropriate, on performing as a common law employer, utilizing financial management and information and assistance services provided by the VF/EA FMS-Support Broker entity, and managing the PDS budget;

(d) Assist participant/representative-employers in developing, implementing,

and revising, as needed, emergency back-up and natural support plans;

(e) Receive participants' monthly PDS allocation amount from DHCF and assist participants and authorized representatives, as appropriate, in developing initial and revised PDS budgets using allocation amounts;

(f) Conduct monthly phone calls and quarterly in-home visits with all participants and authorized representatives, as appropriate;

(g) Communicate with EPD Waiver case managers to address any health and safety concerns identified for participants and ensure that participants are included in such communication; and

(h) Any other services specified in the VF/EA FMS-Support Broker entity contract and accompanying documents.

SOURCE: Final Rulemaking published at 64 DCR 9567 (September 29, 2017).