D.C. Mun. Regs. tit. 29, § 1999

Definitions

Effective Dec 13, 201360 DCR 16830; 60 DCR 16834Authority: 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)), 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), and Mayor’s Order 2024-115, dated July 1, 2024. Source: Final Rulemaking published at 51 DCR 10207 (November 5, 2004); as amended by Final Rulemaking published at 55 DCR 2882 (March 21, 2008); as amended by Final Rulemaking published at 52 DCR 11281 (December 30, 2005); as amended by Final Rulemaking published at 60 DCR 15530 (November 8, 2013); as amended by Final Rulemaking published at 60 DCR 16830 (December 13, 2013); as amended by Final Rulemaking published at 60 DCR 16834 (December 13, 2013); as amended by Final Rulemaking published at 61 DCR 225, 230 (January 10, 2014); as amended by Final Rulemaking published at 61 DCR 851 (January 31, 2014); as amended by Final Rulemaking published at 61 DCR 1650 (February 28, 2014); as amended by Final Rulemaking published at 61 DCR 1655 (February 28, 2014); as amended by Final Rulemaking published at 61 DCR 1941 (March 7, 2014); as amended by Final Rulemaking published at 61 DCR 1952 (March 7, 2014); as amended by Final Rulemaking published at 61 DCR 2112 (March 14, 2014); as amended by Final Rulemaking published at 61 DCR 2464 (march 21, 2014); as amended by Final Rulemaking published at 61 DCR 2602 (March 28, 2014); as amended by Final Rulemaking published at 61 DCR 2621 (March 28, 2014); as amended by Final Rulemaking published at 61 DCR 3553 (April 4, 2014); as amended by Final Rulemaking published at 61 DCR 3563 (April 4, 2014); as amended by Final Rulemaking published at 61 DCR 4406 (May 2, 2014); as amended by Final Rulemaking published at 62 DCR 644 (January 16, 2015); as amended by Final Rulemaking published at 62 DCR 4629 (April 10, 2015); as amended by Final Rulemaking published at 62 DCR 12156 (September 4, 2015); as amended by Final Rulemaking published at 62 DCR 15684 (December 4, 2015); as amended by Final Rulemaking published at 63 DCR 43 (January 1, 2016); as amended by Final Rulemaking published at 63 DCR 50 (January 1, 2016); as amended by Final Rulemaking published 63 DCR 289 (January 8, 2016); as amended by Final Rulemaking published at 63 DCR 6126 (April 22, 2016); as amended by Final Rulemaking published at 63 DCR 9678 (July 22, 2016); ; as amended by Final Rulemaking published at 63 DCR 10027 (July 29, 2016); as amended by Final Rulemaking published at 63 DCR 10445 (August 12, 2016); as amended by Final Rulemaking published at 63 DCR 11876 (September 30, 2016); as amended by Final Rulemaking published at 65 DCR 2190 (March 2, 2018); as amended by Final Rulemaking published at 71 DCR 010372 (August 16, 2024).District of Columbia, Office of the Secretary

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When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Anthropometric assessment- A clinical approach utilizing noninvasive methods to assess the size or body composition of an individual.

Behavioral Support Plan (BSP) - A plan that is a component of the ISP that outlines positive supports and strategies to help a person ameliorate and/or eliminate the negative impact of one or more challenging behaviors that have a negative impact on a person’s ability to achieve his/her goals.

Bereavement counseling- A form of psychotherapy that aims to help a person cope with grief and mourning following a major life change or the death of a loved one.

Client - An individual who has been determined eligible to receive services under the Home and Community-based Services Waiver for Persons with Mental Retardation and Developmental Disabilities.

Day Habilitation Plan - A person-centered plan developed by the day habilitation provider, based on a person-centered planning process that takes into account the results of a functional analysis, ISP, Plan of Care and other available information which lists services and outlines preferences, interests, and measurable outcomes to enable the person to reside, work and participate in the community, and maintain the person’s health.

Direct support professional (DSP) - A person who works directly with people with developmental disabilities with the aim of assisting the individual to become integrated into his or her community or the least restrictive environment.

Family - Any person who is related to the person by blood, marriage, or adoption.

Fitness training- Instruction using exercise and weight training to promote a person’s overall health and physical well-being to maintain a healthy weight range.

Functional Analysis - The process of identifying a person’s specific strengths, preferences, developmental needs, and need for services by identifying the person’s present developmental level, health status, expressed needs and desires of the person and his or her family, and environmental or other conditions that would facilitate or impede the person’s growth and development

Individual Habilitation Plan (IHP) - That plan as set forth in Section 403 of the Mentally Retarded Citizens Constitutional Rights and Dignity Act of 1978, effective March 3, 1979 (D.C. Law 2-137; D.C. Official Code § 7-1304.03).

Individual Support Plan (ISP) - The successor to the individual habilitation plan (IHP) as defined in the 2001 Plan for Compliance and Conclusion of Evans v. Williams.

Intermediate Care Facility for Persons with Mental Retardation - Shall have the same meaning as set forth in Section 1905(d) of the Social Security Act.

ISP year- The three hundred and sixty five (365) day period during which a person’s ISP is in effect.

Massage therapy- The therapeutic practice of manipulating the muscles and limbs to ease tension, reduce pain, enhance function, aid in the healing process, and promote relaxation and well-being.

Mentally retarded - Shall have the same meaning as set forth in D.C. Official Code § 7-1301.03(19).

Nutrition evaluation/consultation- The evaluation and assessment of a person’s nutritional status based on their symptoms, health goals, and diet to maximize the person’s overall health.

Quality Assurance Plan - A written plan that describes the process by which the provider shall evaluate the quality and appropriateness of services delivered to each individual. The plan should describe the process and frequency of implementation for identifying, evaluating and resolving any problem related to the services rendered.

Qualified mental retardation professional - Shall have the same meaning as set forth in 42 C.F.R. § 483.430(a).

Plan of Care - A written service plan that meets the requirements set forth in Section 1904.4 of Title 29 DCMR, is signed by the person receiving services, and is used to prior authorize Waiver services.

Person or Participant - An individual who has been determined eligible to receive services under the Home and Community-based Services Waiver for Persons with Mental Retardation and Developmental Disabilities.

Person’s home - Shall mean the natural home, but shall not include an institutional or residential facility or foster home.

Provider - Any entity that meets the Waiver service requirements, has signed an agreement with MAA to provide those services, and is enrolled by MAA to provide Waiver services.

Registered Nurse - A person who is licensed or authorized to practice registered nursing pursuant to the District of Columbia Health Occupations Revisions Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1202 et seq.) or licensed as a registered nurse in the jurisdiction where services are provided.

Sexuality education- A comprehensive training about various aspects of sexuality, including information about family planning; reproduction; body image; sexual orientation; sexual pleasure and decision making; communication; sexually transmitted infections; safe sexual practices; birth control methods; and how to reduce the likelihood of sexual victimization.

Staffing Plan - A written document that includes the numbers and titles of staff assigned to the particular person, for a specified time period and scheduled for a given site and/or shift to successfully provide oversight and to ensure the maintenance of the health, safety and well-being of the person receiving services.

Summary of Supports and Services - A written document that lists the various supports and services to be received by a person and a component of the person’s ISP.

Support Team - A group of people providing support to a person with an intellectual/developmental disability, who have the responsibility of performing a comprehensive person-centered evaluation to support the development, implementation and monitoring of the person’s person-centered ISP and Plan of Care.

Waiver - Shall mean the Home and Community-based Services Waiver for Persons with Mental Retardation and Developmental Disabilities as approved by the Council of the District of Columbia (Council) and the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), as may be further amended and approved by the Council and CMS.

SOURCE: Final Rulemaking published at 51 DCR 10207 (November 5, 2004); as amended by Final Rulemaking published at 55 DCR 2882 (March 21, 2008); as amended by Final Rulemaking published at 52 DCR 11281 (December 30, 2005); as amended by Final Rulemaking published at 60 DCR 15530 (November 8, 2013); as amended by Final Rulemaking published at 60 DCR 16830 (December 13, 2013); as amended by Final Rulemaking published at 60 DCR 16834 (December 13, 2013).