§ 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 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.