9002. ELIGIBILITY REQUIREMENTS

9002 ELIGIBILITY REQUIREMENTS 9002.1 To receive IFS Waiver services a person shall be currently receiving services from the Department on Disability Services/Developmental Disabilities Administration (DDS/DDA) and meet all of the following requirements: Have a special income level up to three hundred percent (300%) of the Supplemental Security Income (SSI) federal benefit or be aged and disabled with income up to one hundred percent (100%) of the federal poverty level or be medically needy as set forth in 42 C.F.R. §§ 435.320, 435.322, 435.324, or 435.330; Have a developmental disability or an intellectual disability as defined in Section 9099; Be eighteen (18) years of age or older; Be a resident of the District of Columbia as defined in D.C. Official Code § 7-1301.03(22); Have a Level of Care (LOC) determination that the person requires services furnished in an Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF/IID) or be a person with related conditions pursuant to the criteria set forth in § 9002.4; and Meet all other eligibility criteria applicable to Medicaid recipients including citizenship and alienage requirements. 9002.2 Waiver services shall not be furnished to a person who is an inpatient of a hospital, ICF/IID, or nursing facility. 9002.3 Each person enrolled in the Waiver shall be re-certified annually as having met all of the eligibility requirements as set forth in § 9002.1 for continued participation in the Waiver. 9002.4 A person shall meet the LOC determination set forth in § 9002.1(e) if one of the following criteria has been met, taking into consideration the standard error of measurement for the intelligence quotient (IQ) test: The person’s primary disability is an intellectual disability with an IQ of fifty-nine (59) or less; or The person’s primary disability is an intellectual disability with an IQ of sixty (60) to seventy (70), and the person has at least one (1) of the following conditions: Mobility deficits; Sensory deficits; Chronic health needs; Behavioral challenges; Autism; Cerebral Palsy; Epilepsy; or Spina Bifida; or The person’s primary disability is an intellectual disability with an IQ of sixty (60) to seventy (70), or the person has a developmental disability, either of which results in substantial functional limitations in at least three (3) of the following major life activities: Self-Care; Understanding and use of language; Functional academics; Social skills; Mobility; Self-direction; Capacity for independent living; or Health and safety. SOURCE: Final Rulemaking published at 69 DCR 010229 (August 12, 2022); as amended by Final Rulemaking published at 71 DCR 010475 (August 23, 2024). District of Columbia Municipal Regulations Public Welfare 29 DCMR § 9002