Bill Summary – FastDemocracy

ENROLLED ORIGINAL

                                             AN ACT

                                         ______________

                   IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

                                  _________________________

To amend the Department on Disability Services Establishment Act of 2006 to include persons

      with developmental disabilities as eligible for services provided by the Department on

      Disability Services and its Developmental Disabilities Administration and to require the

      Mayor to seek any waivers and exemptions from federal statutes, rules, and regulations

      necessary to expand the People with Intellectual and Developmental Disabilities waiver

      and the Individual and Family Supports waiver to include persons with developmental

      disabilities; and to amend the Citizens with Intellectual Disabilities Constitutional Rights

      and Dignity Act of 1978 to include persons with developmental disabilities.

       BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

act may be cited as the Developmental Disability Eligibility Reform Amendment Act of 2022.

        Sec. 2. The Department on Disability Services Establishment Act of 2006, effective

March 14, 2007 (D.C. Law 16-264; D.C. Official Code  7-761.01 et seq.), is amended as

follows:

        (a) Section 102 (D.C. Official Code  7-761.02) is amended as follows:

                 (1) Paragraph (1) is amended to read as follows:

                 (1) Community-based services means specialized or generic services for the

evaluation, care, and habilitation of persons with intellectual or developmental disabilities, in a

community setting, directed toward the intellectual, social, personal, physical, emotional, or

economic development of a person with an intellectual or developmental disability. The services

shall include diagnosis, evaluation, treatment, day habilitation, training, education, supported

employment, recreation, counseling of the person with an intellectual or developmental disability

and his or her family, protective and other social and socio-legal services, information and

referral, and transportation to assure delivery of services to persons of all ages with intellectual

or developmental disabilities..

                 (2) Paragraph (2A) is amended by striking the phrase intellectual disabilities

and inserting the phrase intellectual or developmental disabilities in its place.

                 (3) The existing paragraph (3A) is redesignated as paragraph (3B).

                 (4) A new paragraph (3A) is added to read as follows:

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               (3A) Developmental disability means a severe and chronic disability of a

person that:

                         (A) Is attributable to a mental or physical impairment, other than the sole

diagnosis of mental illness, or to a combination of mental and physical impairments;

                         (B) Is manifested before 22 years of age;

                         (C) Is likely to continue indefinitely;

                         (D) Results in substantial functional limitations in 3 or more of the

following areas of major life activity:

                                 (i) Self-care;

                                 (ii) Understanding and use of language;

                                 (iii) Functional academics;

                                 (iv) Social skills;

                                 (v) Mobility;

                                 (vi) Self-direction;

                                 (vii) Capacity for independent living; or

                                 (viii) Health and safety; and

                         (E) Reflects the persons need for a combination and sequence of special,

interdisciplinary, or generic services, individualized supports, or other forms of assistance that

are of lifelong or extended duration and are person-centered, planned, and coordinated..

                 (5) Paragraph (5A)(B) is amended by striking the phrase intellectual disabilities

and inserting the phrase intellectual or developmental disabilities in its place.

                 (6) Paragraph (7A) is amended to read as follows:

                 (7A) Intellectual disability or persons with intellectual disabilities means a

person that is diagnosed before 22 years of age with an intellectual disability as set forth in the

Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric

Association..

         (b) Section 103 (D.C. Official Code  7-761.03) is amended as follows:

                 (1) Paragraph (1) is amended by striking the phrase intellectual and and

inserting the phrase intellectual or in its place.

                 (2) Paragraph (2) is amended by striking the phrase developmental disabilities

and inserting the phrase intellectual or developmental disabilities in its place.

                 (3) Paragraph (3) is amended by striking the phrase developmental disabilities

and inserting the phrase intellectual or developmental disabilities in its place.

         (c) Section 105 (D.C. Official Code  7-761.05) is amended as follows:

                 (1) Paragraph (1) is amended as follows:

                         (A) Subparagraph (A) is amended by striking the phrase ; and and

inserting a semi-colon in its place.

                         (B) Subparagraph (B) is amended by striking the semi-colon and inserting

the phrase ; and in its place.

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                                                                       ENROLLED ORIGINAL

                (2) A new Subparagraph (C) is added to read as follows:

                        (C) The Department on Disability Services Establishment Act of 2006,

effective March 14, 2007 (D.C. Law 16-264; D.C. Official Code  7-761.01 et seq.);.

                (2) Paragraph (6) is amended by striking the phrase developmental disabilities

and inserting the phrase intellectual or developmental disabilities in its place.

                (3) Paragraph (7) is amended by striking the phrase intellectual and and

inserting the phrase intellectual or in its place.

                (4) Paragraph (8) is amended by striking the phrase intellectual and and

inserting the phrase intellectual or in its place.

        (d) Section 105b(a) (D.C. Official Code  7-761.05b(a)) is amended by striking the word

intellectual and inserting the phrase intellectual or developmental in its place.

        (e) Section 105c (D.C. Official Code  7-761.05c) is amended as follows:

                (1) Subsection (b) is amended by striking the word intellectual and inserting the

phrase intellectual or developmental in its place.

                (2) Subsection (c) is amended by striking the word intellectual and inserting the

phrase intellectual or developmental in its place.

        (f) Section 106(b)(3) (D.C. Official Code  7-761.06(b)(3)) is amended as follows:

                (1) Subparagraph (A) is amended by striking the phrase developmental

disabilities and inserting the phrase intellectual or developmental disabilities in its place.

                (2) Subparagraph (B) is amended by striking the phrase developmental

disabilities and inserting the phrase intellectual or developmental disabilities in its place.

        (g) Section 107 (D.C. Official Code  7-761.07) is amended as follows:

                (1) Subsection (a) is amended to read as follows:

        (a) The Department and DHCF shall enter into an agreement for the Department to

direct policy development and design of services, rate-setting, and support provided under the

home and community-based services waiver for Individuals with Intellectual and Developmental

Disabilities or any other waiver targeted for people with intellectual or developmental disabilities

and their families that is approved under section 1915(c) of the Social Security Act, approved

August 13, 1981 (95 Stat. 809; 42 U.S.C.  1369n); and policies, services, and supports related to

the operation of intermediate care facilities for individuals with intellectual or developmental

disabilities..

                (2) A new subsection (c) is added to read as follows:(c) Within 90 days of the

effective date of the Developmental Disability Eligibility Reform Amendment Act of 2022,

passed on 2nd reading on March 1, 2022 (Enrolled version of Bill 24-268), the Mayor shall seek

any amendments, waivers, or exemptions of federal statutes and regulations necessary to expand

the People with Intellectual and Developmental Disabilities waiver and the Individual and

Family Support waiver to include persons with developmental disabilities, as that term is defined

in section 102(3A).

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        (h) Section 109 (D.C. Official Code  7-761.09) is amended by adding a new subsection

(a-3) to read as follows:

        (a-3) Within 120 days of federal approval of the Medicaid waiver amendment

contemplated under section 107(c), the Mayor, pursuant to Title I of the District of Columbia

Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code 

2-501 et seq.), shall issue rules to implement section 107(c)..

        (i) Section 110 (D.C. Official Code  7-761.10) is amended by striking the phrase

intellectual and both times it appears and inserting the phrase intellectual or in its place.

        (j) Section 112 (D.C. Official Code  7-761.12) is amended as follows:

                (1) Subsection (a) is amended by striking the phrase intellectual and and

inserting the phrase intellectual or in its place.

                (2) Subsection (b) is amended by striking the phrase developmental disabilities

and inserting the phrase intellectual or developmental disabilities in its place.

        (k) Section 113(a)(2) (D.C. Official Code  7-761.13(a)(2)) is amended by striking the

word intellectual and inserting the phrase intellectual or developmental in its place.

        Sec. 3. The Citizens with Intellectual Disabilities Constitutional Rights and Dignity Act

of 1978, effective March 3, 1979 (D.C. Law 2-137; D.C. Official Code  7-1301.02 et seq.), is

amended as follows:

        (a) Title I is amended as follows:

                 (1) Section 102 (D.C. Official Code  7-1301.02) is amended by striking the word

intellectual wherever it appears and inserting the phrase intellectual or developmental in its

place.

                 (2) Section 103 (D.C. Official Code  7-1301.03) is amended as follows:

                         (A) Paragraph (5) is amended to read as follows:

                 (5) Community-based services means specialized or generic services for the

evaluation, care and habilitation of persons with intellectual or developmental disabilities, in a

community setting, directed toward the intellectual, social, personal, physical, emotional, or

economic development of a person with an intellectual or developmental disability. The services

shall include diagnosis, evaluation, treatment, day habilitation, training, education, supported

employment, recreation, counseling of the person with an intellectual or developmental disability

and his or her family, protective and other social and socio-legal services, information and

referral, and transportation to assure delivery of services to persons of all ages who have

intellectual or developmental disabilities..

                         (B) A new paragraph (8D) is added to read as follows:

                 (8D) Developmental disabilities means a severe and chronic disability of a

person that:

                         (A) Is attributable to a mental or physical impairment, other than the sole

diagnosis of mental illness, or to a combination of mental and physical impairments;

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                                                                        ENROLLED ORIGINAL

                         (B) Is manifested before 22 years of age;

                         (C) Is likely to continue indefinitely;

                         (D) Results in substantial functional limitations in 3 or more of the

following areas of major life activity:

                                 (i) Self-care;

                                 (ii) Understanding and use of language;

                                 (iii) Functional academics;

                                 (iv) Social skills;

                                 (v) Mobility;

                                 (vi) Self-direction;

                                 (vii) Capacity for independent living; or

                                 (viii) Health and safety; and

                         (E) Reflects the persons need for a combination and sequence of special,

interdisciplinary, or generic services, individualized supports, or other forms of assistance that

are of lifelong or extended duration and are person-centered, planned and coordinated..

                         (C) Paragraph (12) is amended by striking the phrase intellectual

disability and inserting the phrase intellectual or developmental disability in its place.

                         (D) Paragraph (13) is amended by striking the word intellectual and

inserting the phrase intellectual or developmental in its place.

                         (E) Paragraph (15A) is amended to read as follows:

                 (15A) Intellectual disability or persons with intellectual disabilities means a

person diagnosed before 22 years of age with an intellectual disability as set forth in the

Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric

Association..

                         (F) Paragraph (20) is amended to by striking the word intellectual and

inserting the phrase intellectual or developmental in its place.

                         (G) Paragraph (22) is amended to by striking the word intellectual

wherever it appears and inserting the phrase intellectual or developmental in its place.

         (b) Title V is amended as follows:

                 (1) Section 501 (D.C. Official Code  7-1305.01) is amended as follow:

                         (A) Subsection (a) is amended by striking the word intellectual both

times it appears and inserting the phrase intellectual or developmental in its place.

                         (B) Subsection (e)(1) is amended by striking the word intellectual and

inserting the phrase intellectual or developmental in its place.

                 (2) Section 504(d)(1) (D.C. Official Code  7-1305.04(d)(1)) is amended by

striking the word intellectual and inserting the phrase intellectual or developmental in its

place.

                 (3) Section 513(a) (D.C. Official Code  7-1305.13(a)) is amended by striking the

word intellectual and inserting the phrase intellectual or developmental in its place.

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                 (4) Section 514(a) (D.C. Official Code  7-1305.14(a)) is amended by striking the

word intellectual and inserting the phrase intellectual or developmental in its place.

         (c) Title VI is amended as follows:

                 (1) A new section 602a is added to read as follows:

         Sec. 602a. Grandfather clause.

         Individuals currently deemed eligible and receiving services under this act shall not have

their eligibility altered or impacted by the Developmental Disability Eligibility Reform

Amendment Act of 2022, passed on 2nd reading on March 1, 2022 (Enrolled version of Bill 24-

268)..

                 (2) Section 603 (D.C. Official Code  7-1306.03) is amended by striking the word

intellectual and inserting the phrase intellectual or developmental in its place.

        Sec. 4. Applicability.

        (a) This act shall apply upon the date of inclusion of its fiscal effect in an approved

budget and financial plan.

        (b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in

an approved budget and financial plan, and provide notice to the Budget Director of the Council

of the certification.

        (c)(1) The Budget Director shall cause the notice of the certification to be published in

the District of Columbia Register.

        (2) The date of publication of the notice of the certification shall not affect the

applicability of this act.

       Sec. 5. Fiscal impact statement.

       The Council adopts the fiscal impact statement in the committee report as the fiscal

impact statement required by section 4a of the General Legislative Procedures Act of 1975,

approved October 16, 2006 (120 Stat. 2038; D.C. Official Code  1-301.47a).

       Sec. 6. Effective date.

       This act shall take effect after approval by the Mayor (or in the event of veto by the

Mayor, action by the Council to override the veto), a 30-day period of congressional review as

provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December

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                                                                       ENROLLED ORIGINAL

24, 1973 (87 Stat. 813; D.C. Official Code  1-206.02(c)(1)), and publication in the District of

Columbia Register.

               ______________________________

               Chairman

               Council of the District of Columbia

_________________________________

Mayor

District of Columbia

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