Ddra.introduced Fact Sheet - Problem Resolution Oct 09 - Large Print
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What’s in Bill 1818-501, 501, the Developmental Disabilities Reform Act (DDRA)? Problem Resolution The DDRA gives people multiple ways to resolve problems with their supports and services. A person can file a complaint with:
The person’s support coordinator; The D.C. Department on Disability Services (DDS), which will have an office to help people solve problems with services at the DDS Developmental Disabilities Administration (DDA); and The D.C. Office of Administrative Hearings (for Medicaid services).1
A person can file a complaint with any of these entities at any time. However, person cannot file at two places at the same time. A person or a member of his or her support network can file a complaint on behalf of the person.
1
The right to file a request for a fair hearing about a person's Medicaid services already exists. The DDRA does not alter this right in any way.
A person can also ask the Family Court of the D.C. Superior Court to review an action (or inaction) of the DDA at any time. Protections when Filing a Complaint No individual, agency or provider may retaliate against a person who files a complaint or requests a hearing. The DDS grievance office will report any individual, agency or provider that retaliates against someone who files a grievance to the D.C. Inspector General. If a person opposes a plan to reduce or change his or her services, filing a complaint will keep the proposed reduction or change from taking place. DDS Problem Resolution System DDS will set up an office to resolve problems on behalf of DDA. The office will try to resolve the complaints but will not act as a fact finder. A person can file a complaint with DDS orally, in writing, or electronically and must have access to help in filing a complaint. A person has a right to be represented throughout the process.
The process must have definite time frames (to be established by DDS through regulation) and a process for expedited review for complaints alleging abuse or neglect. Once it receives a complaint, the DDS problem resolution office will first try to solve the problem informally, within 5 business days. A person can opt out of this informal process. If an informal resolution fails or if a person opts out of the informal process, the DDS problem resolution office will try to resolve the problem using alternative dispute resolution techniques within 5 business days. If the parties are able to come to an agreement, the office will draft a written agreement. If DDA has a reasonable belief that a person is at imminent risk of harm, DDA must immediately take all steps to protect the person from harm. If DDS or DDA fails to complete any of the steps in the process within the time frames specified in the law or in the implementing regulations, the step is considered to have occurred and the person can proceed without having to wait for the step.
Request for Superior Court Review of Agency Action At any time a person may petition the Family Court of the Superior Court for review of agency action under Title I of the DDRA. A person (or the person’s attorney, advocate, parent, guardian, or other legal representative) may file a petition for review of agency action with the Family Court. The petition and any filings with the Court are privileged and confidential as if filed under seal. The Court will conduct a hearing promptly. Hearings will be informal and closed to the public unless the person asks for a hearing to be open to the public. The person may testify (but is not required to testify) and may call witnesses, present evidence, and cross-examine opposing witnesses. DDA will have the burden of proof for all cases involving a termination, reduction or delay of a service or benefit. If person is proposing that DDA take action or grant a benefit, the person will have the burden of proof.
The Court will waive its usual filing fees and will pay mileage for witnesses. Any order of the Court may be appealed in a like manner as other civil actions. Civil Remedy The DDRA preserves the right under existing law for anyone to initiate an action in the Superior Court to compel the rights of persons with developmental disabilities. A person has the right to a civil remedy of not less than $25 per day, paid by the District for each day on which the person is not provided with adequate supports and services under the person’s ISP. Deprivation of Civil Rights and Liability Liability The DDRA preserves the assurance under existing law that no person shall be deprived of any civil right solely by reason of having received supports and services under the DDRA. Any person who violates or abuses any rights or privileges will be liable for damages as determined by law, for Court costs, and for reasonable attorneys’ fees. Anyone who acts in good faith compliance is immune from civil or criminal liability.
October, 2009. For more information, visit http://dcddleg.blogspot.com or contact the DDS MAC Legislative Committee through [email protected] or (202) 636-2963.
The person’s support coordinator; The D.C. Department on Disability Services (DDS), which will have an office to help people solve problems with services at the DDS Developmental Disabilities Administration (DDA); and The D.C. Office of Administrative Hearings (for Medicaid services).1
A person can file a complaint with any of these entities at any time. However, person cannot file at two places at the same time. A person or a member of his or her support network can file a complaint on behalf of the person.
1
The right to file a request for a fair hearing about a person's Medicaid services already exists. The DDRA does not alter this right in any way.
A person can also ask the Family Court of the D.C. Superior Court to review an action (or inaction) of the DDA at any time. Protections when Filing a Complaint No individual, agency or provider may retaliate against a person who files a complaint or requests a hearing. The DDS grievance office will report any individual, agency or provider that retaliates against someone who files a grievance to the D.C. Inspector General. If a person opposes a plan to reduce or change his or her services, filing a complaint will keep the proposed reduction or change from taking place. DDS Problem Resolution System DDS will set up an office to resolve problems on behalf of DDA. The office will try to resolve the complaints but will not act as a fact finder. A person can file a complaint with DDS orally, in writing, or electronically and must have access to help in filing a complaint. A person has a right to be represented throughout the process.
The process must have definite time frames (to be established by DDS through regulation) and a process for expedited review for complaints alleging abuse or neglect. Once it receives a complaint, the DDS problem resolution office will first try to solve the problem informally, within 5 business days. A person can opt out of this informal process. If an informal resolution fails or if a person opts out of the informal process, the DDS problem resolution office will try to resolve the problem using alternative dispute resolution techniques within 5 business days. If the parties are able to come to an agreement, the office will draft a written agreement. If DDA has a reasonable belief that a person is at imminent risk of harm, DDA must immediately take all steps to protect the person from harm. If DDS or DDA fails to complete any of the steps in the process within the time frames specified in the law or in the implementing regulations, the step is considered to have occurred and the person can proceed without having to wait for the step.
Request for Superior Court Review of Agency Action At any time a person may petition the Family Court of the Superior Court for review of agency action under Title I of the DDRA. A person (or the person’s attorney, advocate, parent, guardian, or other legal representative) may file a petition for review of agency action with the Family Court. The petition and any filings with the Court are privileged and confidential as if filed under seal. The Court will conduct a hearing promptly. Hearings will be informal and closed to the public unless the person asks for a hearing to be open to the public. The person may testify (but is not required to testify) and may call witnesses, present evidence, and cross-examine opposing witnesses. DDA will have the burden of proof for all cases involving a termination, reduction or delay of a service or benefit. If person is proposing that DDA take action or grant a benefit, the person will have the burden of proof.
The Court will waive its usual filing fees and will pay mileage for witnesses. Any order of the Court may be appealed in a like manner as other civil actions. Civil Remedy The DDRA preserves the right under existing law for anyone to initiate an action in the Superior Court to compel the rights of persons with developmental disabilities. A person has the right to a civil remedy of not less than $25 per day, paid by the District for each day on which the person is not provided with adequate supports and services under the person’s ISP. Deprivation of Civil Rights and Liability Liability The DDRA preserves the assurance under existing law that no person shall be deprived of any civil right solely by reason of having received supports and services under the DDRA. Any person who violates or abuses any rights or privileges will be liable for damages as determined by law, for Court costs, and for reasonable attorneys’ fees. Anyone who acts in good faith compliance is immune from civil or criminal liability.
October, 2009. For more information, visit http://dcddleg.blogspot.com or contact the DDS MAC Legislative Committee through [email protected] or (202) 636-2963.
