11112.1 My Life, My Way program 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.

11112.2 The VF/EA FMS-Support Broker entity shall operate in accordance with 26 U.S.C. § 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.

11112.3 The VF/EA FMS-Support Broker entity shall consist of the following two (2) divisions:

(a) The Financial Management Services Division; and

(b) The Support Broker Division.

11112.4 The VF/EA FMS-Support Broker entity’s Financial Management Services Division shall provide the following services to My Life, My Way program 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 ISP and approved PDS budget;
8. (h) Provide participants with periodic reports of expenditures and the status of their PDS budgets, as described in § 11119.2;

(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.

11112.5 The VF/EA FMS-Support Broker entity's Financial Management Services Division shall execute the following tasks on behalf of DDS:

(a) Execute and maintain Medicaid provider agreements for PDWs and individual-directed goods and services vendors who provide goods or services on a recurrent basis and maintain 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.

11112.6 The VF/EA FMS-Support Broker entity's Support Broker Division shall provide each My Life, My Way program participant with a support broker to furnish information and assistance services. Support brokers shall provide the following services to My Life, My Way program 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 My Life, 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; and

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

SOURCE: Final Rulemaking published at 70 DCR 008909 (June 23, 2023).