District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0668 Compare Versions

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11 January 10, 2024
22 The Honorable Phil Mendelson
33 Chairman
44 Council of the District of Columbia
55 John A. Wilson Building
66 1350 Pennsylvania Avenue, N.W., Suite 504
77 Washington, D.C. 20004
88 Dear Chairman Mendelson:
99 Enclosed for consideration and enactment by the Council of the District of Columbia is the “DC
1010 Health Care Alliance Enrollment Rulemaking Approval Emergency Act of 2024,” along with an
1111 accompanying emergency declaration resolution.
1212 This legislation will approve proposed final rules of the Department of Health Care Finance to
1313 implement a 12-month certification period for the DC Health Care Alliance (“Alliance”)
1414 program and require renewals to occur every 12 months. This change will remove barriers to
1515 Alliance beneficiaries in maintaining health care coverage and create greater parity with
1616 Medicaid eligibility requirements and processes.
1717 If you have any questions regarding the proposed legislation, please contact Chief of Staff,
1818 DHCF, Melanie Williamson, at (202) 478-5809 or melanie.williamson@dc.gov.
1919 I urge the Council to take prompt and favorable action on the legislation.
2020 Sincerely,
2121 Muriel Bowser 1
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3737 2£~
3838 at the request of the Mayor
3939 A BILL
4040 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
4141 17 To approve, on an emergency basis, rules governing the Health Care Safety Net
4242 18 Administration to provide for implementation of statutory changes that extend the
4343 19 certification period for Alliance program eligibility.
4444 20
4545 21 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,
4646 22 That this act may be cited
4747 as the "DC Health Care Alliance Enrollment Rulemaking
4848 23 Approval Emergency Act of 2024".
4949 24 Sec. 2. Pursuant
5050 to section 7a of the Health Care Privatization Amendment Act of
5151 25 2001, effective March 30, 2004 (D.C. Law 15-109; D. C. Official Code§ 7-1406), the
5252 26 Council approves the proposed final rules
5353 of the Department of Health Care Finance that
5454 27 were transmitted to the Council by the Mayor on [INSERT DATE] to amend Chapter
5555 33
5656 28 (Health Care Safety Net Administration) of Subtitle B (Public Health and Medicine) of
5757 29 Title 22 (Health) of the District of Columbia Municipal Regulations, regarding the Health
5858 30 Care Safety Net Administration. A notice
5959 of proposed rulemaking was published in the
6060 31 District of Columbia Register on March 3, 2023, at 70 DCR 002725.
6161 32 Sec. 3. Fiscal impact statement.
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6363 The Council adopts the fiscal impact statement of the Chief Financial Officer as 33
6464 the fiscal impact statement required by section 4a of the General Legislative Procedures 34
6565 Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-35
6666 301.47a). 36
6767 Sec. 4. Effective date. 37
6868 This act shall take effect following approval by the Mayor (or in the event of veto 38
6969 by the Mayor, action by the Council to override the veto), and shall remain in effect for 39
7070 no longer than 90 days, as provided for emergency acts of the Council of the District of 40
7171 Columbia in section 412(a) of the District of Columbia Home Rule Act, approved 41
7272 December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)). 42
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7575 DEPARTMENT OF HEALTH CARE FINANCE
7676
7777 NOTICE OF FINAL RULEMAKING
7878 [as submitted to the Council of the District of Columbia for its approval pursuant to section 7a
7979 of the Health Care Privatization Amendment Act of 2001 (D.C. Official Code § 7-1406)]
8080
8181 The Director of the Department of Health Care Finance (DHCF), pursuant to the authority set forth
8282 in section 7a of the Health Care Privatization Amendment Act of 2001 (“Health Care Privatization
8383 Amendment Act”), effective July 12, 2001 (D.C. Law 14-18; D.C. Official Code § 7-1405(a)), and
8484 section 6(6) of the Department of Health Care Finance Establishment Act of 2007, effective
8585 February 27, 2008 (D.C. Law 17-109; D.C. Official Code § 7-771.05(6)), hereby gives notice of
8686 the adoption of amendments to Chapter 33 (Health Care Safety Net Administration) of Subtitle B
8787 (Public Health and Medicine) of Title 22 (Health) of the District of Columbia Municipal
8888 Regulations (DCMR).
8989
9090 Pursuant to sections 3 and 7 of the Health Care Privatization Amendment Act (D.C. Official Code
9191 §§ 7-1401 and 7-1405), DHCF finances and monitors the health care and medical services that are
9292 provided to District residents enrolled in the District of Columbia Health Care Alliance program
9393 (Alliance program) through contracts with providers. The Alliance program provides
9494 comprehensive health care and medical services to District residents ages twenty-one (21) years
9595 and over, who have incomes at or below two hundred and ten percent (210%) of the federal poverty
9696 level and are not otherwise eligible for or enrolled in Medicare, the Children’s Health Insurance
9797 Program (CHIP), or federally-funded Medicaid benefits.
9898
9999 The District recently updated its rules governing Alliance program eligibility to create parity with
100100 Medicaid eligibility requirements and processes to the greatest extent possible. One of the major
101101 changes included the removal of the interview requirement during applications and renewals.
102102 However, the current rules governing the Alliance program retained the requirement for
103103 beneficiaries to renew their eligibility every six (6) months; whereas, Medicaid rules require
104104 beneficiaries to renew eligibility every twelve (12) months. Consistent with recent legislative
105105 requirements under the Fiscal Year 2023 Budget Support Act of 2022, effective September 21,
106106 2022 (D.C. Law 24-167; D.C. Official Code § 7-1407), DHCF is extending the Alliance
107107 certification period to further align with Medicaid standards and require renewals to occur every
108108 twelve (12) months beginning on October 1, 2022. These changes will remove barriers for Alliance
109109 beneficiaries in maintaining health care coverage and create greater parity with Medicaid
110110 eligibility requirements and processes. DHCF estimates that proposed changes in this rule will
111111 result in an increase of five million, five hundred eighty-one thousand, eight hundred and eighty-
112112 six dollars ($5,581,886) in total local expenditures in Fiscal Year 2023.
113113
114114 A notice of proposed rulemaking was published in the District of Columbia Register on March 3,
115115 2023, at 70 DCR 002725. No comments were received, and no changes have been made to the text
116116 of the rule as proposed.
117117
118118 The proposed final rules were submitted to the Council of the District of Columbia, pursuant to
119119 section 7a of the Health Care Privatization Amendment Act, effective July 12, 2001 (D.C. Law
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122122 14-18; D.C. Official Code § 7-1406). The Council approved the rules through D.C. Act [INSERT
123123 NUMBER], which became effective on [INSERT DATE].
124124
125125 The Director of DHCF took final action to adopt this rulemaking on [INSERT DATE], and the
126126 rules shall become effective upon publication of this notice in the District of Columbia Register.
127127
128128 Chapter 33, HEALTH CARE SAFETY NET ADMINISTRATION, of Subtitle B, PUBLIC
129129 HEALTH AND MEDICINE, of Title 22, HEALTH, of the DCMR is amended as follows:
130130
131131 Section 3301 APPLICATION, REDETERMINATION, AND RENEWAL, is amended as
132132 follows:
133133
134134 Subsection 3301.13 is amended to read as follows:
135135
136136 3301.13 Beginning on October 1, 2022, each Alliance program beneficiary shall renew
137137 eligibility every twelve (12) months by submitting a renewal form to the
138138 Department of Health Care Finance either in person, by mail, by other commonly
139139 available electronic means, including by fax or online via web-based portal, or by
140140 completing the renewal telephonically.
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