13201.1 The purpose of these rules is to establish a formal complaint system to resolve issues with Developmental Disabilities Administration (DDA) supports and services by establishing the specific procedures for:

1. (a) The resolution by the provider of complaints filed by people with a DDA provider, and, when necessary, by the DDS Director who may be informed by recommendations provided by an external reviewer based on applicable law, rules and/ or policies;
2. (b) The resolution by DDS of complaints filed with DDA and, when necessary, informed by an external reviewer who makes recommendations based on applicable law, rules, and policies;
3. (c) Performing threshold screening to prevent duplicate complaints involving the same person and set of facts being adjudicated by DDS and the District of Columbia Office of Administrative Hearings (OAH) or the Superior Court of the District of Columbia;
4. (d) Establishing a Peer Support Pilot Program to assist people with intellectual disabilities who are using the DDA Complaint System and a process for reporting annually on that program;
5. (e) Establishing the right to, and a mechanism for, a person who is not satisfied with the DDS Director's final decision about his or her complaint to appeal to OAH; and
6. (f) Ensuring that, upon resolution of a person's issue through the DDA Complaint System and upon receipt of timely and proper appeal-related request from the OAH, DDS will generate a Complaint File and supply it to OAH.

13201.2 The rules in this chapter are applicable to DDS and to each DDA provider in the DDA Delivery System.

13201.3 The DDA Complaint System outlined in these rules applies solely to issues about DDA supports and services. The complaint process regarding Rehabilitation Services Administration's (RSA) services is separate and can be found in the District of Columbia Municipal Regulations at Title 29, Public Welfare, as set forth in 29 DCMR §§ 135-149. The complaint coordinator will reject complaints about RSA because they cannot be resolved through the DDA Complaint System under Section 13202.11.

13201.4 The DDA Complaint System is unrelated to Social Security Administration (SSA)

law, regulations and practices or the D.C. Disability Determination Division (DDD) of DDS. The complaint coordinator will reject complaints about SSA or DDD because they cannot be resolved through the DDA Complaint System under Subsection 13202.11.

SOURCE: Final Rulemaking published at 67 DCR 1203 (February 7, 2020).