1 | 1 | | January 10, 2024 |
---|
2 | 2 | | The Honorable Phil Mendelson |
---|
3 | 3 | | Chairman |
---|
4 | 4 | | Council of the District of Columbia |
---|
5 | 5 | | John A. Wilson Building |
---|
6 | 6 | | 1350 Pennsylvania Avenue, N.W., Suite 504 |
---|
7 | 7 | | Washington, D.C. 20004 |
---|
8 | 8 | | Dear Chairman Mendelson: |
---|
9 | 9 | | Enclosed for consideration and enactment by the Council of the District of Columbia is the “DC |
---|
10 | 10 | | Health Care Alliance Enrollment Rulemaking Approval Emergency Act of 2024,” along with an |
---|
11 | 11 | | accompanying emergency declaration resolution. |
---|
12 | 12 | | This legislation will approve proposed final rules of the Department of Health Care Finance to |
---|
13 | 13 | | implement a 12-month certification period for the DC Health Care Alliance (“Alliance”) |
---|
14 | 14 | | program and require renewals to occur every 12 months. This change will remove barriers to |
---|
15 | 15 | | Alliance beneficiaries in maintaining health care coverage and create greater parity with |
---|
16 | 16 | | Medicaid eligibility requirements and processes. |
---|
17 | 17 | | If you have any questions regarding the proposed legislation, please contact Chief of Staff, |
---|
18 | 18 | | DHCF, Melanie Williamson, at (202) 478-5809 or melanie.williamson@dc.gov. |
---|
19 | 19 | | I urge the Council to take prompt and favorable action on the legislation. |
---|
20 | 20 | | Sincerely, |
---|
21 | 21 | | Muriel Bowser 1 |
---|
22 | 22 | | 2 |
---|
23 | 23 | | 3 |
---|
24 | 24 | | 4 |
---|
25 | 25 | | 5 |
---|
26 | 26 | | 6 |
---|
27 | 27 | | 7 |
---|
28 | 28 | | 8 |
---|
29 | 29 | | 9 |
---|
30 | 30 | | 10 |
---|
31 | 31 | | 11 |
---|
32 | 32 | | 12 |
---|
33 | 33 | | 13 |
---|
34 | 34 | | 14 |
---|
35 | 35 | | 15 |
---|
36 | 36 | | 16 |
---|
37 | 37 | | 2£~ |
---|
38 | 38 | | at the request of the Mayor |
---|
39 | 39 | | A BILL |
---|
40 | 40 | | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA |
---|
41 | 41 | | 17 To approve, on an emergency basis, rules governing the Health Care Safety Net |
---|
42 | 42 | | 18 Administration to provide for implementation of statutory changes that extend the |
---|
43 | 43 | | 19 certification period for Alliance program eligibility. |
---|
44 | 44 | | 20 |
---|
45 | 45 | | 21 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, |
---|
46 | 46 | | 22 That this act may be cited |
---|
47 | 47 | | as the "DC Health Care Alliance Enrollment Rulemaking |
---|
48 | 48 | | 23 Approval Emergency Act of 2024". |
---|
49 | 49 | | 24 Sec. 2. Pursuant |
---|
50 | 50 | | to section 7a of the Health Care Privatization Amendment Act of |
---|
51 | 51 | | 25 2001, effective March 30, 2004 (D.C. Law 15-109; D. C. Official Code§ 7-1406), the |
---|
52 | 52 | | 26 Council approves the proposed final rules |
---|
53 | 53 | | of the Department of Health Care Finance that |
---|
54 | 54 | | 27 were transmitted to the Council by the Mayor on [INSERT DATE] to amend Chapter |
---|
55 | 55 | | 33 |
---|
56 | 56 | | 28 (Health Care Safety Net Administration) of Subtitle B (Public Health and Medicine) of |
---|
57 | 57 | | 29 Title 22 (Health) of the District of Columbia Municipal Regulations, regarding the Health |
---|
58 | 58 | | 30 Care Safety Net Administration. A notice |
---|
59 | 59 | | of proposed rulemaking was published in the |
---|
60 | 60 | | 31 District of Columbia Register on March 3, 2023, at 70 DCR 002725. |
---|
61 | 61 | | 32 Sec. 3. Fiscal impact statement. |
---|
62 | 62 | | 1 2 |
---|
63 | 63 | | The Council adopts the fiscal impact statement of the Chief Financial Officer as 33 |
---|
64 | 64 | | the fiscal impact statement required by section 4a of the General Legislative Procedures 34 |
---|
65 | 65 | | Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-35 |
---|
66 | 66 | | 301.47a). 36 |
---|
67 | 67 | | Sec. 4. Effective date. 37 |
---|
68 | 68 | | This act shall take effect following approval by the Mayor (or in the event of veto 38 |
---|
69 | 69 | | by the Mayor, action by the Council to override the veto), and shall remain in effect for 39 |
---|
70 | 70 | | no longer than 90 days, as provided for emergency acts of the Council of the District of 40 |
---|
71 | 71 | | Columbia in section 412(a) of the District of Columbia Home Rule Act, approved 41 |
---|
72 | 72 | | December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)). 42 |
---|
73 | 73 | | 1 |
---|
74 | 74 | | |
---|
75 | 75 | | DEPARTMENT OF HEALTH CARE FINANCE |
---|
76 | 76 | | |
---|
77 | 77 | | NOTICE OF FINAL RULEMAKING |
---|
78 | 78 | | [as submitted to the Council of the District of Columbia for its approval pursuant to section 7a |
---|
79 | 79 | | of the Health Care Privatization Amendment Act of 2001 (D.C. Official Code § 7-1406)] |
---|
80 | 80 | | |
---|
81 | 81 | | The Director of the Department of Health Care Finance (DHCF), pursuant to the authority set forth |
---|
82 | 82 | | in section 7a of the Health Care Privatization Amendment Act of 2001 (“Health Care Privatization |
---|
83 | 83 | | Amendment Act”), effective July 12, 2001 (D.C. Law 14-18; D.C. Official Code § 7-1405(a)), and |
---|
84 | 84 | | section 6(6) of the Department of Health Care Finance Establishment Act of 2007, effective |
---|
85 | 85 | | February 27, 2008 (D.C. Law 17-109; D.C. Official Code § 7-771.05(6)), hereby gives notice of |
---|
86 | 86 | | the adoption of amendments to Chapter 33 (Health Care Safety Net Administration) of Subtitle B |
---|
87 | 87 | | (Public Health and Medicine) of Title 22 (Health) of the District of Columbia Municipal |
---|
88 | 88 | | Regulations (DCMR). |
---|
89 | 89 | | |
---|
90 | 90 | | Pursuant to sections 3 and 7 of the Health Care Privatization Amendment Act (D.C. Official Code |
---|
91 | 91 | | §§ 7-1401 and 7-1405), DHCF finances and monitors the health care and medical services that are |
---|
92 | 92 | | provided to District residents enrolled in the District of Columbia Health Care Alliance program |
---|
93 | 93 | | (Alliance program) through contracts with providers. The Alliance program provides |
---|
94 | 94 | | comprehensive health care and medical services to District residents ages twenty-one (21) years |
---|
95 | 95 | | and over, who have incomes at or below two hundred and ten percent (210%) of the federal poverty |
---|
96 | 96 | | level and are not otherwise eligible for or enrolled in Medicare, the Children’s Health Insurance |
---|
97 | 97 | | Program (CHIP), or federally-funded Medicaid benefits. |
---|
98 | 98 | | |
---|
99 | 99 | | The District recently updated its rules governing Alliance program eligibility to create parity with |
---|
100 | 100 | | Medicaid eligibility requirements and processes to the greatest extent possible. One of the major |
---|
101 | 101 | | changes included the removal of the interview requirement during applications and renewals. |
---|
102 | 102 | | However, the current rules governing the Alliance program retained the requirement for |
---|
103 | 103 | | beneficiaries to renew their eligibility every six (6) months; whereas, Medicaid rules require |
---|
104 | 104 | | beneficiaries to renew eligibility every twelve (12) months. Consistent with recent legislative |
---|
105 | 105 | | requirements under the Fiscal Year 2023 Budget Support Act of 2022, effective September 21, |
---|
106 | 106 | | 2022 (D.C. Law 24-167; D.C. Official Code § 7-1407), DHCF is extending the Alliance |
---|
107 | 107 | | certification period to further align with Medicaid standards and require renewals to occur every |
---|
108 | 108 | | twelve (12) months beginning on October 1, 2022. These changes will remove barriers for Alliance |
---|
109 | 109 | | beneficiaries in maintaining health care coverage and create greater parity with Medicaid |
---|
110 | 110 | | eligibility requirements and processes. DHCF estimates that proposed changes in this rule will |
---|
111 | 111 | | result in an increase of five million, five hundred eighty-one thousand, eight hundred and eighty- |
---|
112 | 112 | | six dollars ($5,581,886) in total local expenditures in Fiscal Year 2023. |
---|
113 | 113 | | |
---|
114 | 114 | | A notice of proposed rulemaking was published in the District of Columbia Register on March 3, |
---|
115 | 115 | | 2023, at 70 DCR 002725. No comments were received, and no changes have been made to the text |
---|
116 | 116 | | of the rule as proposed. |
---|
117 | 117 | | |
---|
118 | 118 | | The proposed final rules were submitted to the Council of the District of Columbia, pursuant to |
---|
119 | 119 | | section 7a of the Health Care Privatization Amendment Act, effective July 12, 2001 (D.C. Law |
---|
120 | 120 | | 2 |
---|
121 | 121 | | |
---|
122 | 122 | | 14-18; D.C. Official Code § 7-1406). The Council approved the rules through D.C. Act [INSERT |
---|
123 | 123 | | NUMBER], which became effective on [INSERT DATE]. |
---|
124 | 124 | | |
---|
125 | 125 | | The Director of DHCF took final action to adopt this rulemaking on [INSERT DATE], and the |
---|
126 | 126 | | rules shall become effective upon publication of this notice in the District of Columbia Register. |
---|
127 | 127 | | |
---|
128 | 128 | | Chapter 33, HEALTH CARE SAFETY NET ADMINISTRATION, of Subtitle B, PUBLIC |
---|
129 | 129 | | HEALTH AND MEDICINE, of Title 22, HEALTH, of the DCMR is amended as follows: |
---|
130 | 130 | | |
---|
131 | 131 | | Section 3301 APPLICATION, REDETERMINATION, AND RENEWAL, is amended as |
---|
132 | 132 | | follows: |
---|
133 | 133 | | |
---|
134 | 134 | | Subsection 3301.13 is amended to read as follows: |
---|
135 | 135 | | |
---|
136 | 136 | | 3301.13 Beginning on October 1, 2022, each Alliance program beneficiary shall renew |
---|
137 | 137 | | eligibility every twelve (12) months by submitting a renewal form to the |
---|
138 | 138 | | Department of Health Care Finance either in person, by mail, by other commonly |
---|
139 | 139 | | available electronic means, including by fax or online via web-based portal, or by |
---|
140 | 140 | | completing the renewal telephonically. |
---|
141 | 141 | | |
---|
142 | 142 | | |
---|
143 | 143 | | |
---|