§ 4.2004

Eligibility for payment. (a) It shall not be a violation of this act for a direct care service provider to pay a direct care professional less than 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 if the direct care service provider creates a tiered compensation schedule that: (1) Considers a direct care professional's qualified experience in the field and their demonstrated competency; and (2) Ensures that, on average, all direct care professionals were paid a wage that 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) During Fiscal Year 2026 and each fiscal year thereafter, a direct care service provider reimbursed by the District at a rate established pursuant to this act shall demonstrate to the Mayor that it paid its direct care professionals 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

rofessionals 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 in the service provider's operating budget cycle, inclusive of overtime wages and bonuses, to remain eligible for payment for the current year. (c) A direct care service provider who received a supplemental payment from the District in Fiscal Year 2025 pursuant to § 4-2002(a-1) shall demonstrate to the Mayor that it paid its direct care professionals 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, in the service provider's operating budget cycle, inclusive of overtime wages and bonuses. (Apr. 16, 2020, D.C. Law 23-77, § 5, 67 DCR 2535; Sept. 21, 2022, D.C. Law 24-167, § 5102(e), 69 DCR 009223; Sept. 18, 2024, D.C. Law 25-217, § 5002(b), 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.

, § 5102(e), 69 DCR 009223; Sept. 18, 2024, D.C. Law 25-217, § 5002(b), 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 § 5 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(b) 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(e) of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).