4517695 Notice of Emergency and Proposed Rulemaking to amend the proof of residency requirements for participation in the Choice in Drug Treatment Program
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DEPARTMENT OF HEALTH
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The Acting Director of the Department of Health, pursuant to the authority set forth in § 16 of the Choice in Drug Treatment Act of 2000, effective July 18, 2000 (D.C. Law 13-146; D.C. Official Code § 7-3015) (2008 Repl. & 2012 Supp.) and Mayor's Order 2002-73, dated April 3, 2002, hereby gives notice of the adoption of the following amendments to Section 2405.1 of Chapter 24 (Choice in Drug Treatment) of Title 29 (Public Welfare) of the District of Columbia Municipal Regulations (DCMR) on an emergency basis. The Acting Director intends to take final rulemaking action to adopt the amendments in not less than thirty (30) days after the date of publication of this notice in the D.C. Register, and upon completion of the forty-five (45) day Council period of review, if the Council does not act earlier to adopt a resolution approving the rules.
The Acting Director adopted this emergency rule on August 15, 2013. Emergency action is necessary to preserve health, safety, and welfare by expanding the acceptable proofs of residency for substance abuse treatment in harmony with acceptable proofs of residency for other behavioral health programs. The emergency and proposed rules would amend the proof of residency requirements for participation in the Choice in Drug Treatment Program to harmonize residency requirements for substance abuse treatment with other behavioral health programs.
The emergency rule became effective on adoption date, and shall continue in effect for one hundred twenty (120) days, expiring on December 23, 2013, or until publication of a notice of final rulemaking, whichever occurs earlier. Council approval is required for the rule to become final. The Council has a 45-day period of time, excluding Saturdays, Sundays, legal holidays, and days of Council recess, to approve or deny the proposed rule. If the Council does not approve or disapprove the proposed rule, in whole or in part, by resolution, within this 45-day review period, the proposed rule shall be deemed approved. The rule shall become final upon publication of a Notice of Final Rulemaking in the D.C. Register.
Section 2405.1(a) of Chapter 24 (Choice in Drug Treatment), Title 29 (Public Welfare) of the DCMR is amended to read as follows:
(a) The applicant shall provide proof of District residency by presenting one (1) of the following:
(1) A valid motor vehicle operator’s permit issued by the District;
(2) A non-driver identification card issued by the District;
(3) A voter registration card with an address in the District;
(4) A copy of a lease or a rent receipt for real property located in the District;
(5) A utility bill for real property located in the District;
(6) A letter from a shelter verifying that the shelter is a place of residence for an individual with the intent to remain in the District;
(7) A letter from a nonprofit agency verifying residency;
(8) Confirmation of District Medicaid eligibility;
(9) Verification that a parent or guardian is a District resident; or
(10) Verification of care of custody by Child and Family Services Administration, Division of Youth Rehabilitation Services or Court Social Services.
Comments on the proposed rules should be sent in writing to the Department of Health, Office of the General Counsel, 5th Floor, 899 North Capitol Street, NE, Washington, DC 20002, not later than thirty (30) days after the date of publication of this notice in the D.C. Register. Copies of the proposed rules may be obtained Monday through Friday, except holidays, between the hours of 8:15 A.M. and 4:45 P.M. at the same address. Questions concerning the rulemaking should be directed to Angli Black, Administrative Assistant, at Angli.Black@dc.gov or (202) 442-5977.
