§ 4.2002

Payment. (a) By Fiscal Year 2026, the Mayor shall determine the reimbursement rate that the District will pay to direct care service providers for the provision of direct care services so that the reimbursement rate is sufficient to support direct care service provider payments to direct care professionals of a wage that, on average, is equal to at least the greater of either 117.6% of the District minimum wage pursuant to § 32-1003 or 117.6% of the District living wage pursuant to subchapter X-A of Chapter 2 of Title 2. (a-1) In Fiscal Year 2025, the Mayor shall provide a supplemental payment from the Home and Community-Based Services Enhancement Fund, established pursuant to § 7-771.07d, to direct care service providers for the purpose of supporting payments to direct care professionals of a wage that, on average, is equal to at least the greater of either 117.6% of the District minimum wage pursuant to § 32-1003, or 117.6% of the District living wage pursuant to subchapter X-A of Chapter 2 of Title 2. (b) In determining the reimbursement rate to be provided to an eligible direct care service provider under this section, the Mayor shall consider: (1) If applicable, the

X-A of Chapter 2 of Title 2. (b) In determining the reimbursement rate to be provided to an eligible direct care service provider under this section, the Mayor shall consider: (1) If applicable, the then-current reimbursement rates paid by the District to direct care service providers under the District of Columbia Medicaid State Plan or waivers thereof; (2) The total cost, including wages, that the direct care service provider incurred during the previous year in providing direct care services; (3) The additional operating support that the direct care service provider may need to allow it to pay its direct care professionals in accordance with the requirements of this section; and (4) Any other factor the Mayor considers relevant to the determination of the reimbursement rate. (Apr. 16, 2020, D.C. Law 23-77, § 3, 67 DCR 2535; Sept. 21, 2022, D.C. Law 24-167, § 5102(b), 69 DCR 009223; Sept. 18, 2024, D.C. Law 25-217, § 5002(a), 71 DCR 9990; Dec. 12, 2024, D.C. Law 25-232, § 4, 71 DCR 12970.) Applicability Applicability of D.C. Law 25-232: § 5(a) of D.C. Law 25-232 provided that the amendments to this section by § 4 of D.C.

71 DCR 9990; Dec. 12, 2024, D.C. Law 25-232, § 4, 71 DCR 12970.) Applicability Applicability of D.C. Law 25-232: § 5(a) of D.C. Law 25-232 provided that the amendments to this section by § 4 of D.C. Law 25-232 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Applicability of D.C. Law 23-77: § 7 of D.C. Law 23-77 provided that the creation of this section by § 3 of D.C. Law 23-77 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 days) amendment of this section, see § 5002(a) of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406). For temporary (90 days) amendment of this section, see § 5102(b) of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).