Code of the District of Columbia

§ 47–1270. Definitions.

For the purposes of this chapter, the term:

(1) “Administrative costs” means the costs of DHCF to administer, manage, and monitor the Intermediate Care Facility for People with Intellectual Disabilities reimbursement program and the Stevie Sellow's quality improvement funding support, including personnel costs.

(1A) "DD waiver provider" means an entity that provides residential, in-home, day, or support services, including employment and community development services under the District's Medicaid Home and Community-Based Services Waiver for Persons with Intellectual and Developmental Disabilities program as authorized by section 1915(c) of the Social Security Act, approved August 13, 1981 (95 Stat. 809; 42 U.S.C. § 1396n(c)).

(1B) “DHCF” means the Department of Health Care Finance.

(1C) “Fund” means the Stevie Sellow's Quality Improvement Fund established by this chapter.

(2) “Gross revenue” means the sum of revenue for provisions of services to consumers with developmental disabilities. For purposes of this chapter, gross revenues does not include charitable contributions or interest income.

(2A) “ICF/IID” means Intermediate Care Facility for People with Intellectual Disabilities.

(3) “Intermediate care facility for persons with intellectual or developmental disabilities” and “ICF-IDD” have the same meaning as under 42 U.S.C. 1396d(d), but do not include a facility operated by the federal government.

(4) “Medicaid” means the medical assistance programs authorized by title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396 et seq.), and by [§ 1-307.02], and administered by DHCF.

(5) “Quality of care improvements” means improving the quality of care for consumers with developmental disabilities by efforts to reduce turnover and increase the qualifications of the employees, excluding managers, administrators, and contract employees, such as an increase in salaries or benefits, or an increase in training and educational opportunities.

(5A) “Rebasing year” means the third year after the effective date of the State Plan Amendment governing the reimbursement of ICF/IID and every subsequent third year.

(6) “Resident” means a person receiving services in an ICF-IDD.

(7) “Reimbursement methodology” means the prospective Medicaid payment rate system for intermediate care facilities for persons with intellectual disabilities.

(Mar. 8, 2006, D.C. Law 16-68, § 2(b), 53 DCR 47; Sept. 26, 2012, D.C. Law 19-169, § 33(b)(3), 59 DCR 5567; Dec. 24, 2013, D.C. Law 20-61, § 5022(a), 60 DCR 12472; Aug. 23, 2021, D.C. Act 24-159, § 5092(b)(2), 68 DCR 008602.)

Section References

This section is referenced in § 47-1272.

Effect of Amendments

The 2012 amendment by 19-169, rewrote (3); substituted “ICF-IDD” for “ICF-MR” in (6); and substituted “persons with intellectual disabilities” for “the mentally retarded” in (7).

The 2013 amendment by D.C. Law 20-61 redesignated former (1) as (1B); added (1), (1A), (2A), and (5A); and substituted “DHCF” for “the Department of Health” in (4).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 5022(a) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 5022(a) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 5021 of D.C. Law 20-61 provided that Subtitle C of Title V of the act may be cited as the “Stevie Sellows Intermediate Care Facility Quality Improvement Act of 2013”.

Editor's Notes

Section 7067 of D.C. Law 17-219 repealed section 3 of D.C. Law 16-68.

Section 33(b)(1) of D.C. Law 19-169 substituted “ICF-IDD Assessment” for “ICF-MR Assessment” in the chapter heading.

Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.