9907.1 In accordance with Section 9817 of the American Rescue Plan Act of 2021, approved March 11, 2022 (Pub. L. 117-2; 135 Stat. 4), supplemental payments shall be made to home health agencies providing home health aide services, for dates of service on or after October 1, 2022, and on or before March 31, 2025.

9907.2 Supplemental payments shall be disbursed to home health agencies providing home health aide services in annual, lump-sum allotments.

9907.3 To qualify for a supplemental payment, a home health agency shall submit cost and employment data (such as a home health aide’s schedule, wages paid, hours worked, hire dates, and vacancy rates). A home health agency shall demonstrate that the supplemental payments were used, in their entirety, to pay home health aides a benchmark wage rate, set above the District’s living wage rate set forth in the Living Wage Act of 2006, effective June 8, 2006 (D.C. Law 16-118; D.C. Official Code § 2-220.01 et seq.).

9907.4 A home health agency shall receive an annual supplemental payment that takes into account the increased costs associated with paying home health aides for providing home health services to Medicaid beneficiaries at a rate that is seventeen and six tenths percent (17.6%) above the District’s living wage rate.

9907.5 To determine the annual supplemental payment, described in § 9907.4, DHCF shall project the expenditures for salary, wages, fringe benefits, and administration associated with paying home health aides at seventeen and six tenths percent (17.6%) above the District’s living wage rate. This projection shall be based on the current rate methodology applicable to the home health agency and shall be for the year in which the supplemental payment is made.

9907.6 A home health agency providing home health aide services shall retain one hundred percent (100%) of the total computable expenditure claims by the District to CMS, except:

(a) The District shall recoup supplemental payments from home health agencies that fail to submit the required cost data or fail to pay personal care aides an average wage rate at seventeen and six tenths percent (17.6%) above the District’s living wage rate.

(b) Overpayments made to providers shall be recouped through reconciliation of subsequent payments.

(c) The federal share for any recouped payments shall be returned through an

adjustment to the CMS 64 Report.

SOURCE: Final Rulemaking published at 72 DCR 005041 (April 25, 2025).