*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*
(a) There is established a fund designated as the Stevie Sellow's Quality Improvement Fund (“Fund”), which shall be separate from the General Fund of the District of Columbia and shall be used for the purposes set forth in subsection (b) of this section. All assessments collected under this chapter, any and all interest earned on those assessments, and any and all interest and penalties collected under § 47-1274, shall be deposited into the Fund, and shall not revert to the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in subsection (b) of this section, subject to authorization by Congress.
(b) The Fund shall be used to:
(1) Fund quality of care improvements for those facilities that meet the requirements of the District’s State Plan for Medical Assistance and the accompanying rules governing the reimbursement of ICF/IID; provided, that if the quality-of-care improvement is for an increase in salaries, the total payment amount, on average, for qualifying direct support professionals should be up to the greater of 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.
(2) Cover administrative costs of the DHCF in administering the ICF/IID reimbursement program and the Stevie Sellow's quality improvement funding support, which costs shall not be more than 10% of the Fund’s total revenues; and
(3) Cover administrative costs of DHCF in auditing the ICF/IID in a rebasing year or as necessary to ensure the integrity of the ICF/IID reimbursement methodology, which costs shall not be more than 15% of the Fund’s total revenues.
(c) Notwithstanding subsection (b) of this section, of the revenues deposited in the Fund in fiscal year 2011, at least $1 million shall be used to support quality of care improvements for those facilities that meet the requirements of § 47-1272, and up to $3.7 million may be used to support Medicaid services in the District of Columbia, including reimbursements for ICF/IIDs for the services that they provide.
(c-1) Notwithstanding subsection (b) of this section, revenues deposited in the Fund beginning in Fiscal Year 2022 may be used to support quality of care improvements for DD waiver providers.
(d) The Mayor shall submit to the Council, as a part of the annual budget, a requested appropriation for expenditures from the Fund for a fiscal year.
(e) The Mayor shall audit all income and expenses of the Fund annually and provide the annual report to the Council.
(Mar. 8, 2006, D.C. Law 16-68, § 2(b), 53 DCR 47; Sept. 24, 2010, D.C. Law 18-223, § 5032(a), 57 DCR 6242; Sept. 26, 2012, D.C. Law 19-169, § 33(b)(4), 59 DCR 5567; Dec. 24, 2013, D.C. Law 20-61, § 5022(b), 60 DCR 12472; Aug. 23, 2021, D.C. Act 24-159, § 5092(b)(3), 68 DCR 008602.)
Section ReferencesThis section is referenced in § 47-1273.
Effect of AmendmentsD.C. Law 18-223, in subsec. (b)(1), substituted “per hour, or a higher amount as determined through rulemaking” for “per hour”; in subsec. (b)(2), substituted “Department of Health Care Finance (’DHCF’)” for “Medical Assistance Administration (’MAA’)”; and rewrote subsec. (c), which had read as follows: “(c) Amounts remaining in the Fund after the disbursements required by subsection (b) of this section shall be used for an increase in the Medicaid per diem reimbursement rate for each ICF-MR above the fiscal year 2006 rate.”
The 2012 amendment by D.C. Law 19-169 substituted “ICF-IDD” for “ICF-MR” in the section heading; and substituted “ICF-IDDs” for “ICF-MRs” in (c).
The 2013 amendment by D.C. Law 20-61 rewrote (b); and substituted “ICF/IIDs” for “ICD/IDDs” in (c).
Emergency LegislationFor temporary (90 days) amendment of this section, see § 5092(b)(3) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).
For temporary (90 day) amendment of section, see § 5032(a) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
For temporary (90 days) amendment of this section, see § 5022(b) 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(b) 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 TitleShort title: Section 5031 of D.C. Law 18-223 provided that subtitle D of title V of the act may be cited as the “Intermediate Care Facilities Amendment Act of 2010”.
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 NotesSection 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.