D.C. Mun. Regs. tit. 29, § 1909
Records and Confidentiality of Information
Authority: An Act to enable the District of Columbia to receive federal financial assistance under Title XIX of the Social Security Act for a medical assistance program, and for other purposes, approved December 27, 1967 (81 Stat. 744; D.C. Official Code § 1-307.02 (2016 Repl. and 2017 Supp.)), and Section 6(6) of the Department of Health Care Finance Establishment Act of 2007, effective February 27, 2008 (D.C. Law 17-109; D.C. Official Code § 7-771.05(6) (2013 Repl.)) Source: Final Rulemaking published at 51 DCR 10207 (November 5, 2004); as amended by Final Rulemaking published at 61 DCR 4406 (May 2, 2014); as amended by Final Rulemaking published at 63 DR 10445 (August 12, 2016); as amended by Final Rulemaking published at 65 DCR 2190 (March 2, 2018).District of Columbia, Office of the Secretary
1909 FAIR HEARINGS
1909.1 Each client shall be entitled to a fair hearing in accordance with 42 CFR 431 and D.C. Official Code § 4-210.01 if the government:
- (a) Fails to offer the client a choice of either institutional care in an ICF/MR or home and community-based waiver services;
- (b) Denies a waiver service requested by the client;
- (c) Terminates, suspends or reduces a waiver service;
- (d) Fails to give a client the provider of his or her choice; or
- (e) Terminates, suspends or reduces Medicaid eligibility.
1909.2 The Department of Human Services shall be responsible for issuing each legally required notice to the client or client's representative regarding the right to request a hearing as required in subsection 1909.1.
1909.3 The content of the notice issued pursuant to subsections 1909.1 and 1909.2 shall comply with the requirements set forth in 42 CFR. 431.210 and D.C. Official Code § 4-205.55.
SOURCE: Final Rulemaking published at 51 DCR 10207 (November 5, 2004).