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DEPARTMENT OF HEALTH CARE FINANCE
NOTICE OF FINAL RULEMAKING
The Director of the Department of Health Care Finance (DHCF), pursuant to the authority set forth in 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 (2006 Repl; 2012 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) (2008 Repl.)), hereby gives notice of the adoption of an amendment to Chapter 42 (Home and Community-Based Waiver Services for Persons Who Are Elderly and Individuals with Physical Disabilities) of Title 29 (Public Welfare), of the District of Columbia Municipal Regulations (DCMR).
The Home and Community-Based Waiver Services for Persons Who Are Elderly and Individuals with Physical Disabilities (EPD Waiver) authorizes the District to provide services to eligible individuals in their home. The services provided under EPD Waiver are an alternative to institutional services. Each individual receiving services under the EPD Waiver must be determined eligible prior to the receipt of services and recertified on an annual basis. This amendment sets forth the documents that are required for recertification of eligibility for the EPD Waiver.
A notice of emergency and proposed rulemaking was published in the DC Register on November 23, 2012 (59 DCR 013446). Comments were received and no substantive changes have been made. The Director adopted these final rules on March 19, 2013 and they will become effective on the date of publication of this notice in the DC Register.
Section 4200 (General Provisions: Identification of Services; Authority of Operation; Targeting Restrictions) of Chapter 42 (Home and Community-Based Waiver Services for Persons Who Are Elderly and Individuals with Physical Disabilities) of Title 29 (Public Welfare) of the DCMR is amended by adding Section 4200.4 to read as follows:
4200.4 Each individual receiving home and community-based waiver services described in this chapter must be determined eligible prior to the receipt of services and recertified on an annual basis. The following documents must be completed and submitted at least sixty (60) days before the expiration date of the individual’s eligibility period:
(a) Form 1209-W: Annual Plan of Care Medicaid Waiver Recertification;
(b) Medicaid Level of Care; and
(c) Proof of Income and Assets.
