D.C. Code § 44-301.03 — DC Code / Title 44 / Chapter 3 / § 44-301.03
§ 44-301.03. Establishment of grievance system.
Status: in_force

(a) (1) A member or member representative shall have a right to file an appeal with an insurer for a review of an adverse benefit determination. An insurer’s health benefits plan shall include an appeal system that provides for the presentation and resolution of appeals brought by members or member representatives.
  (2) Health insurers shall notify members when claims are denied, setting forth the reasons for the denial and procedures for appealing the determination through internal and external review. The notice shall be written in a manner calculated to be understood by the participant, in accordance with federal rules for group health plans promulgated by the U.S. Department of Labor, federal rules for individual health plans promulgated by the U.S. Department of Health and Human Services, and any rules promulgated by the Director pursuant to this chapter.
  (3) All notices regarding adverse benefit determinations shall meet the requirements of the Patient Protection and Affordable Care Act of 2010, approved March 23, 2010 (Pub. L. No. 111-148; 124 Stat. 119), regarding cultural and linguistic appropriateness, and, if the insurer is a subcontractor or grantee of a covered entity, as that term is defined in the Language Access Act of 2003, effective June 19, 2004 ( D.C. Law 15-167 ; D.C. Official Code § 2-1931 et seq.)(“Language Access Act”), shall also meet the language access standards under the Language Access Act. At a minimum, insurers shall include information in languages identified by the Director about how to obtain free oral interpretation and translation of notices and vital documents.
(b) An appeal system established pursuant to this section shall, at a minimum, incorporate the following components:
  (1) The right of a member to file an appeal regarding any aspect of the insurer’s health care services;
  (2) The right of a member to file an appeal regarding an insurer’s decision to rescind coverage;
  (3) A procedure for filing an appeal from an adverse benefit determination;
  (4) A standardized method of recording, documenting, and reporting the status of all adverse benefit determinations and appeals, which includes the requirements that a health insurer maintain for 6 years records of all claims, and notices associated with the claims, grievances, appeals, and the review process, and limit access to patient-identifying information in those records in accordance with the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (Pub. L. No. 104-191; 110 Stat. 1936), and any other applicable patient confidentiality rules;
  (5) Availability of a member services representative to assist members with grievances and appeals upon request;
  (6) The right of a member to designate an outside independent representative to assist the member or member representative in following the grievance procedures upon request;
  (7) A specified time for responding to appeals not to exceed the time frames set forth in § 44-301.06(f) , from receipt of the grievance by the insurer;
  (8) An oral and written procedure describing how grievances and appeals are processed and resolved;
  (9) Procedures for insurers to follow concerning the methods to be used to inform the member of the resolution; and
  (10) In the case of appeals regarding emergency or urgent medical conditions, procedures that will allow a member or member representative to immediately request an expedited review in accordance with §§ 44-301.06 and 44-301.07 .
(c) At the time a member first enrolls with an insurer, the insurer shall provide each member with written notice of the components required in subsection (b)(1) through (3) of this section, as well as:
  (1) The telephone numbers and business addresses of the insurer’s representatives responsible for grievance resolution;
  (2) The telephone number, business address, and description of the Health Care Ombudsman’s services;
  (3) A statement that describes the member’s or member representative’s right to contact the Director, or the Director’s designee, to seek external review if dissatisfied with the resolution reached through the insurer’s grievance system; and
  (4) A statement that describes a Medicaid or D.C. Health Care Alliance enrollee’s right to appeal to the Office of Administrative Hearings at any time, if applicable.
(d) In the case of a reduction or a termination of services that is contrary to the recommendations of the treating physician, mental health professional, or advance practice registered nurse, an insurer shall provide a member or member representative with 24 hours prior verbal notification, followed by a written decision as soon as practical.
(e) An insurer shall include in the “evidence of coverage” and “member handbook” issued to members a description of the procedures for filing grievances and appeals.
(f) An insurer shall not take retaliatory action of any sort against a member who files a grievance pursuant to this section or an appeal pursuant to §§ 44-301.06 and 44-301.07 .
(g) The Director or the Director’s designee shall waive exhaustion of the appeal process required by § 44-301.06 as a prerequisite for proceeding to the external appeal process:
  (1) In cases of emergency or urgent medical conditions;
  (2) If the insurer has not complied with the requirements of the internal review process; or
  (3) If further participation in the internal appeal process would require the provision of mental health information that the patient or treating mental health professional considered confidential.
D.C. Code § 44-232.02 — DC Code / Title 44 / Chapter 2A / § 44-232.02
§ 44-232.02. Study to expand AED program throughout public facilities.
Status: recodified

Recodified as § 7-2371.02b .
D.C. Code § 44-110.12 — DC Code / Title 44 / Chapter 1 / § 44-110.12
§ 44-110.12. Certificate of Need.
Status: in_force

A Certificate of Need shall not be required for Assisted Living Residences licensed under this chapter.
D.C. Code § 44-1816 — DC Code / Title 44 / Chapter 18 / § 44-1816
§ 44-1816. Adoption of regulations.
Status: repealed

Repealed.
D.C. Code § 44-1051.11 — DC Code / Title 44 / Chapter 10A / § 44-1051.11
§ 44-1051.11. Verification of credentials of nursing personnel.
Status: in_force

(a) Before initially providing any nursing personnel to a health care facility or agency for the purpose of rendering temporary nursing personnel within the District of Columbia, a nurse staffing agency shall:
  (1) If the nursing personnel is a Licensed Practical Nurse or a Registered Nurse, obtain verification from the Board of Nursing that the nursing personnel is currently licensed;
  (2) If the nursing personnel is a Certified Nurse Aide, obtain verification from the Department that the nursing personnel is currently certified and is not listed on the Nurse Aide Abuse Registry; and
  (3) Compare the information obtained pursuant to paragraphs (1) or (2) of this subsection with a government-issued photographic identification document furnished by the nursing personnel, and ascertain that the information refers to that nursing personnel.
(b) On or before the date on which nursing personnel provided by a nurse staffing agency must obtain renewal of his or her license or certification to remain licensed or certified, the nurse staffing agency shall verify that the nursing personnel provided has obtained such renewal by obtaining verification of that fact from the Board of Nursing for a Licensed Practical Nurse and Registered Nurse, and from the Department for a Certified Nurse Aide.
(c) A nurse staffing agency shall create and retain written documentation of the verification processes performed pursuant to subsections (a) and (b) of this section.
D.C. Code § 44-661.01 — DC Code / Title 44 / Chapter 6A / § 44-661.01
§ 44-661.01. Definitions. [Expired].
Status: repealed

Expired.
D.C. Code § 44-1605 — DC Code / Title 44 / Chapter 16 / § 44-1605
§ 44-1605. Delegation of investment authority.
Status: repealed

Repealed.
D.C. Code § 44-1931 — DC Code / Title 44 / Chapter 19 / § 44-1931
§ 44-1931. Executive Director; appointment and termination; powers and responsibilities.
Status: repealed

Repealed.
D.C. Code § 44-1102.19 — DC Code / Title 44 / Chapter 11 / § 44-1102.19
§ 44-1102.19. Representation and indemnification.
Status: repealed

Repealed.
D.C. Code § 44-1102.18 — DC Code / Title 44 / Chapter 11 / § 44-1102.18
§ 44-1102.18. Reports of the Corporation.
Status: repealed

Repealed.
D.C. Code § 44-782 — DC Code / Title 44 / Chapter 7 / § 44-782
§ 44-782. Children’s Tuberculosis Sanatorium.
Status: repealed

Repealed.
D.C. Code § 44-106.05 — DC Code / Title 44 / Chapter 1 / § 44-106.05
§ 44-106.05. Shared responsibility agreements.
Status: in_force

(a) Whenever disagreements arise as to lifestyle, personal behavior, safety, and service plans the ALR staff, resident or surrogate, and other relevant service providers shall attempt to develop a shared responsibility agreement.
(b) A shared responsibility agreements represents a tool for ALRs to recognize an individual resident’s right to autonomy by respecting his or her right to make individual decisions regarding lifestyle, personal behavior, and ISPs. In some cases, a resident’s decision may involve increased risk of personal harm and therefore potentially increase the risk of liability by the ALR absent an agreement between the resident and ALR concerning such decisions or actions. In such instances the ALR shall:
  (1) Explain to the resident, or surrogate, why the decision or action may  pose risks and suggest alternatives to the resident; and
  (2) Discuss with the resident, or surrogate, how the ALR might mitigate  potential risks.
(c) If, after consultation with the ALR as required by subsection (b) of this section, a resident decides to pursue a course of action, such as refusal of services, that may involve increased risk of personal harm and conflict with the ALR’s usual responsibilities, the ALR shall:
  (1) Describe to the resident the action or range of actions subject to  negotiation; and
  (2) Negotiate a shared responsibility agreement, with the resident as a full  partner, acceptable to the resident and the ALR that meets all reasonable  requirements implicated. The shared responsibility agreement shall be signed  by the resident or surrogate and the ALR.
D.C. Code § 44-1102.15 — DC Code / Title 44 / Chapter 11 / § 44-1102.15
§ 44-1102.15. Power of the Corporation to issue bonds, notes, and other obligations.
Status: repealed

Repealed.
D.C. Code § 44-1158 — DC Code / Title 44 / Chapter 11A / § 44-1158
§ 44-1158. Rules.
Status: repealed

Repealed.
D.C. Code § 44-1941 — DC Code / Title 44 / Chapter 19 / § 44-1941
§ 44-1941. Budgets and appropriations; bills for services.
Status: repealed

Repealed.
D.C. Code § 44-1609 — DC Code / Title 44 / Chapter 16 / § 44-1609
§ 44-1609. Construction of chapter.
Status: repealed

Repealed.
D.C. Code § 44-1603 — DC Code / Title 44 / Chapter 16 / § 44-1603
§ 44-1603. Expenditure of net appreciation of assets of endowment funds — Restrictions by gift instruments; rule of construction.
Status: repealed

Repealed.
D.C. Code § 44-1932 — DC Code / Title 44 / Chapter 19 / § 44-1932
§ 44-1932. Medical Director; appointment; duties.
Status: repealed

Repealed.
D.C. Code § 44-232.01 — DC Code / Title 44 / Chapter 2A / § 44-232.01
§ 44-232.01. AED program for Department of Parks and Recreation facilities.
Status: recodified

Recodified as § 7-2371.02a .
D.C. Code § 44-1709 — DC Code / Title 44 / Chapter 17 / § 44-1709
§ 44-1709. Advisory committee.
Status: in_force

The Mayor may appoint an advisory committee to advise the Mayor in respect to any matter related to the enforcement of this chapter, and the members thereof shall serve without compensation.  Such committee shall consist of not less than 5 nor more than 9 members, whose terms shall be fixed by the Mayor.  The Mayor is authorized to assign an employee of the District of Columbia to serve as secretary for the committee.
D.C. Code § 44-1701 — DC Code / Title 44 / Chapter 17 / § 44-1701
§ 44-1701. Definitions.
Status: in_force

As used in this chapter:
(1) The term “Mayor” means the Mayor of the District of Columbia, sitting as a board, or any agent or agency designated by him to perform any function vested in the Mayor by this chapter.
(2) The term “registrant” means the holder of a valid certificate of registration duly issued under the terms of this chapter.
(3) (A) “Solicit” and “solicitation” mean the request directly or indirectly for any contribution on the plea or representation that such contribution will or may be used for any charitable purpose, and also mean and include any of the following methods of securing contributions:
    (i) Oral or written request;
    (ii) The distribution, circulation, mailing, posting, or publishing of any handbill, written advertisement, or publication;
    (iii) The making of any announcement to the press, over the radio, by  television, by telephone, or telegraph concerning an appeal, assemblage, athletic or sports event, bazaar, benefit, campaign, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale, or social gathering, which the public is requested to patronize or to which the public is requested to make a contribution;  or
    (iv) The sale of, offer, or attempt to sell, any advertisement, advertising space, book, card, magazine, merchandise, subscription, ticket of admission, or any other thing, or where the name of any charitable person is used or referred to in any such appeal as an inducement or reason for making any such sale, or, when or where in connection with any such sale, any statement is made that the whole or any part of the proceeds from any such sale will go or be donated to any charitable purpose.
  (B) A “solicitation” as defined in this paragraph shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any such sale.
(4) “Charitable” means and includes philanthropic, social service, patriotic, welfare, benevolent, or educational (except religious education), either actual or purported.
(5) “Contribution” means and includes alms, food, clothing, money,  subscription, credit, property, financial assistance, or donations under the guise of a loan of money or property.
(6) “Person” means any individual, firm, copartnership, corporation, company, association, or joint stock association, church, religious sect, religious denomination, society, organization, or league, and other similar representative thereof.
D.C. Code § 44-1152 — DC Code / Title 44 / Chapter 11A / § 44-1152
§ 44-1152. ASRH, PSC, and CSC; designation.
Status: repealed

Repealed.
D.C. Code § 44-651 — DC Code / Title 44 / Chapter 6A / § 44-651
§ 44-651. Definitions.
Status: repealed

Expired.
D.C. Code § 44-663.02 — DC Code / Title 44 / Chapter 6A / § 44-663.02
§ 44-663.02. Hospital Provider Fee Fund.
Status: in_force

(a) There is established as a special fund the Hospital Provider Fee Fund ("Fund"), which shall be administered by the Department in accordance with subsections (c) and (d) of this section.
(b) Revenue from the following sources shall be deposited in the Fund:
  (1) Fees collected under this subchapter ; and
  (2) Interest and penalties collected under this subchapter .
(c) Money in the Fund may only be used for the following purposes:
  (1) Making Medicaid outpatient hospital access payments to hospitals as required under § 44-663.05 ;
  (2) Payment of administrative expenses incurred by the Department or its agent in performing the activities authorized by this subchapter in an amount not to exceed $150,000 annually; and
  (3) Providing refunds to hospitals pursuant to § 44-663.04 .
(d) Money in the Fund may not be used to replace money appropriated to the Medicaid program.
(e) (1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
  (2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
D.C. Code § 44-1002.04 — DC Code / Title 44 / Chapter 10 / § 44-1002.04
§ 44-1002.04. Notice and hearing requirements; ex parte appointment.
Status: in_force

(a) (1) The court shall hold a hearing on a petition filed under § 44-1002.03 within 10 days (excluding Saturdays, Sundays, and legal holidays) after it is filed.
  (2) The petitioner (if he or she is not the licensee) shall ensure that the licensee or administrator of the facility is served with notice of the hearing date and a copy of the petition:
    (A) In accordance with court rules, at least 5 days (excluding Saturdays, Sundays, and legal holidays) before the hearing; or
    (B) By a notice conspicuously posted inside or on the front door of the facility at least 3 days (excluding Saturdays, Sundays, and legal holidays) before the hearing, if the petitioner files with the court a sworn statement setting forth in detail his or her diligent but unsuccessful efforts to find the licensee or administrator and serve process.
  (3) Upon filing a petition with the court, a petitioner other than the District shall serve notice of the hearing date and a copy of the petition on the Attorney General for the District of Columbia. No later than 5 days (excluding Saturdays, Sundays, and legal holidays) after receiving a copy of the petition, the Attorney General for the District of Columbia shall, to the extent allowable under federal law, make available to the petitioner for his or her use in the proceedings certified copies of all licensure and Medicare/Medicaid certification reports within the custody of the District government that document conditions in the facility within the previous 2 years.
(b) (1) The court may appoint a receiver immediately upon the filing of a petition under § 44-1002.03 if it finds probable cause to believe a condition or practice in a facility poses an immediate danger of death or life-threatening injury to the residents.
  (2) In the event of an ex parte appointment under paragraph (1) of this subsection, the petitioner (if he or she is not the licensee) shall ensure that the licensee or administrator of the facility is served with notice of the hearing date and copies of the petition, any supporting affidavit(s), and the order of appointment:
    (A) By personal service within 24 hours after the appointment; or
    (B) By a notice conspicuously posted inside or on the front door of the facility within 48 hours after the appointment, if the petitioner files with the court a sworn statement setting forth in detail his or her diligent but unsuccessful efforts to find the licensee or administrator and serve process.
D.C. Code § 44-2111 — DC Code / Title 44 / Chapter 21 / § 44-2111
§ 44-2111. Intangible personal property.
Status: repealed

Repealed.
D.C. Code § 44-664.17 — DC Code / Title 44 / Chapter 6A / § 44-664.17
§ 44-664.17. Rules.
Status: in_force

The Mayor, subchapter I of Chapter 5 of Title 2 , may issue rules to implement the provisions of this subchapter .
D.C. Code § 44-232 — DC Code / Title 44 / Chapter 2A / § 44-232
§ 44-232. Access by the public to defibrillation.
Status: recodified

Recodified as § 7-2371.02 .
D.C. Code § 44-1954 — DC Code / Title 44 / Chapter 19 / § 44-1954
§ 44-1954. Disclosure of reports.
Status: repealed

Repealed.
D.C. Code § 44-110.04 — DC Code / Title 44 / Chapter 1 / § 44-110.04
§ 44-110.04. General building interior.
Status: in_force

(a) An ALR shall ensure that the interior of its facility including walls, ceilings, doors, windows, equipment, and fixtures are maintained structurally sound, sanitary, and in good repair.
(b) An ALR shall ensure that floors and stairways provide a clean, slip-resistant, and safe surface, free of tripping hazards.
(c) An ALR shall install and maintain assist handrails or grab bars, whenever practicable, on each side of interior stairways and on one side of corridors and in bathrooms.
(d) An ALR shall provide common areas for social and recreational use totaling at least 35 square feet per resident for living, dining, therapy, and recreational activities.
D.C. Code § 44-151.15 — DC Code / Title 44 / Chapter 1A / § 44-151.15
§ 44-151.15. Criminal penalties.
Status: in_force

(a) Any person who violates § 44-151.02(a) , or makes, or causes to be made, in a document filed with the Commissioner or in any proceeding under this chapter, a statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect, shall be guilty of a misdemeanor and, upon conviction thereof, shall pay a fine of not more than $1,000, be imprisoned for not more than one year, or both. All prosecutions under this subsection shall be upon information filed in the Superior Court of the District of Columbia in the name of the District by the Attorney General for the District of Columbia or any of his or her assistants.
(b) A person shall be guilty of fraud in the second degree, as defined in § 22-3221(b) , if the person, in connection with the offer, sale, or purchase of continuing care services, knowingly or intentionally:
  (1) Employs a device, scheme, or artifice to defraud;
  (2) Obtains money or property by means of an untrue statement of a material fact or an omission to state a material fact in order to make the statements made, in the light of the circumstances under which they are made, not misleading;
  (3) Engages in a transaction, practice, or course of business which operates, or would operate, as a fraud or deceit upon a person; or
  (4) In a matter within the jurisdiction of the Commissioner, falsifies, conceals, or covers up, by a trick, scheme, or device, a material fact, makes any false, fictitious, or fraudulent statement or representation, or makes or use any false writing or document, knowing the same to contain a false, fictitious, or fraudulent statement or entry.
(c) A person shall be guilty of fraud in the first degree, as defined in § 22-3221(a) , if the person, by use of a plan, program, or campaign that is conducted using one or more telephones or other electronic means of communication for the purpose of inducing the purchase or sale of continuing care services, knowingly or intentionally:
  (1) Employs a device, scheme, or artifice to defraud;
  (2) Obtains money or property by means of an untrue statement of a material fact or an omission to state a material fact in order to make the statements made, in the light of the circumstances under which they are made, not misleading;
  (3) Engages in a transaction, practice, or course of business which operates, or would operate, as a fraud or deceit upon a person; or
  (4) In a matter within the jurisdiction of the Commissioner, falsifies, conceals, or covers up, by a trick, scheme, or device, a material fact, makes any false, fictitious, or fraudulent statement or representation, or makes or use any false writing or document, knowing the same to contain a false, fictitious, or fraudulent statement or entry.
(d) The evidence which is available concerning violation of this chapter or of any rule or order under this chapter may be referred to the Attorney General for the District of Columbia who may, with or without such reference, institute the appropriate criminal proceedings under this chapter.
(e) Nothing in this chapter shall limit the power of the District to punish a person for conduct constituting a crime under other law.
D.C. Code § 44-664.05 — DC Code / Title 44 / Chapter 6A / § 44-664.05
§ 44-664.05. Medicaid outpatient hospital access payments; payments to MCOs.
Status: in_force

(a) For visits and services beginning October 1, 2020, the District shall pay managed care organizations ("MCOs") at a rate sufficient to support payments to hospitals located in the District for outpatient services at a rate that is not less than 130% of the District Fiscal Year 2020 fee-for-service base rate and shall direct MCOs to pay such rate to their participating hospitals located in the District for such services.
(b) No payment shall be made under this section until such time that the Centers for Medicare and Medicaid Services approves the Medicaid State Plan amendment, associated template, and other authorities authorizing the Medicaid payments described in this section.
(b-1) For visits and services beginning October 1, 2021, the District shall make fee-for-service outpatient rate payments to hospitals at a rate that is an aggregate of 100% of Medicaid allowable costs for the fiscal year in which payments are being made.
(c) The Medicaid payment methodologies authorized under this section shall not be altered unless such alteration is necessary to gain approval from the Centers for Medicare and Medicaid Services.
D.C. Code § 44-1637 — DC Code / Title 44 / Chapter 16A / § 44-1637
§ 44-1637. Application to existing institutional funds.
Status: in_force

This chapter applies to institutional funds existing on or established after January 23, 2008. As applied to institutional funds existing on January 23, 2008, this chapter governs only decisions made or actions taken on or after that date.
D.C. Code § 44-403 — DC Code / Title 44 / Chapter 4 / § 44-403
§ 44-403. Statewide Health Coordinating Council; establishment and responsibilities.
Status: in_force

(a) The SHPDA shall establish a Statewide Health Coordinating Council (“SHCC”), which shall consist of 9 members appointed by the Mayor, with the advice and consent of the Council of the District of Columbia.
(b) The SHCC shall:
  (1) Assist the SHPDA in the development of the HSP;
  (2) Review and make recommendations to the SHPDA on the HSP; and
  (3) Make recommendations to the SHPDA on an application for a certificate of need.
(c) The members appointed to the SHCC shall include:
  (1) Two consumers of health care services in the District who are not affiliated with any health care provider or facility;
  (2) Two public members;
  (3) One representative of an incorporated association of health care facilities in the District;
  (3A) One representative of an incorporated association of hospitals in the District;
  (4) One physician representing an incorporated association of professional physicians in the District;
  (5) One nurse representing an incorporated association of professional nurses in the District;
  (6) Repealed.
  (7) Repealed;
  (8) Repealed; and
  (9) The Director of the Department of Mental Health, or his or her designee.
(d) Nongovernment members of the SHCC shall serve for a term of 3 years, except that of the nongovernment members initially appointed, 4 shall be appointed for a term of 3 years, 4 shall be appointed for a term of 2 years, and 3 shall be appointed for a term of one year from the date the first members are installed. Thereafter, that date shall become the anniversary date for all appointments. The government representative shall serve for the duration of their service in the described position.
(e) A member of the SHCC may be reappointed, except that a member of the SHCC who is reappointed shall not serve more than 2 consecutive full terms. A person may be reappointed to the SHCC following an absence of one year.
(f) Whenever a vacancy occurs as a result of a resignation, disability, death, more than 3 consecutive absences from regularly scheduled meetings, or for other reasons in an unexpired term on the SHCC, the Mayor shall appoint a replacement to fill that unexpired term in the same manner specified in subsections (a), (b), and (c) of this section. A member appointed to fill an unexpired term shall only serve for the remainder of that term. The completion of the unexpired term shall not constitute a full term for the purposes of subsection (e) of this section.
(g) Every 2 years, the SHCC shall elect one of its members to serve as chairman, and may elect any other officers it requires. The SHCC may adopt rules of organization and procedure which it deems necessary and are not inconsistent with this chapter, in accordance with subchapter I of Chapter 5 of Title 2 .
(h) Members of the SHCC shall receive no compensation, but may be reimbursed for actual expenses incurred in the performance of official duties in accordance with § 1-611.08 .
(i) The powers, duties and functions of the predecessor Health Advisory Committee established by § 44-2003 , [repealed] are transferred to the SHCC established by this chapter. The by-laws, regulations, and procedures of the predecessor Health Advisory Committee established by § 44-2003 [repealed] shall continue in force until new by-laws, rules, regulations, or procedures are issued by the SHCC established pursuant to this chapter.
D.C. Code § 44-1102.09 — DC Code / Title 44 / Chapter 11 / § 44-1102.09
§ 44-1102.09. Advisory board establishment.
Status: repealed

Repealed.
D.C. Code § 44-1004.05 — DC Code / Title 44 / Chapter 10 / § 44-1004.05
§ 44-1004.05. Rights independent and nonwaivable.
Status: in_force

(a) Whenever the grounds for a resident’s discharge, transfer, or relocation are being challenged, the remedies created by this subchapter shall not be available in lieu of those established by subchapter III of this chapter . In all other cases, a person authorized to bring an action under this subchapter may do so notwithstanding the availability of other remedies, and prior exhaustion of administrative remedies shall not be required.
(b) Any purported waiver of a person’s right to bring an action under this subchapter shall be void.
D.C. Code § 44-701 — DC Code / Title 44 / Chapter 7 / § 44-701
§ 44-701. Limitation on erection of hospital for contagious diseases.
Status: in_force

No building for use as a public or private hospital for contagious diseases shall be erected in the District of Columbia within 300 feet of any building owned by a private individual or any other party than the one erecting the building.
D.C. Code § 44-553 — DC Code / Title 44 / Chapter 5 / § 44-553
§ 44-553. Penalties for unauthorized released of criminal information.
Status: in_force

(a) Any person releasing or disclosing any information in violation of § 44-552(c) shall be guilty of a misdemeanor, and shall be punishable by the payment of a fine not greater than $300, a term of imprisonment not greater than 30 days, or both.
(b) Civil fines, penalties, and fees may be imposed as sanctions for any violation of this subchapter or the rules issued pursuant to this subchapter, pursuant to Chapter 18 of Title 2 .
(c) No facility shall be subject to civil liability that in good faith relies on a criminal background check to terminate, or to refuse to offer employment to, any individual.
D.C. Code § 44-2014 — DC Code / Title 44 / Chapter 20 / § 44-2014
§ 44-2014. Certificate of need mandatory condition precedent.
Status: repealed

Repealed.
D.C. Code § 44-151.06 — DC Code / Title 44 / Chapter 1A / § 44-151.06
§ 44-151.06. Contract for continuing care; specifications.
Status: in_force

(a) Each contract for continuing care shall provide that:
  (1) The resident may rescind the contract within 30 days following the execution of the contract or the receipt of a disclosure statement that meets the requirements of this chapter, whichever is later, and the resident to whom the contract pertains shall not be required to move into the facility before the expiration of the 30-day period;
  (2) If a resident dies before occupying a living unit in the facility, or if, on account of illness, injury, or incapacity, a resident would be precluded from occupying a living unit in the facility under the terms of the contract for continuing care, the contract shall be automatically canceled; and
  (3) Except as provided in paragraph (4) of this subsection, for rescinded or canceled contracts under this chapter, the resident or the resident’s legal representative shall receive a refund of all money or property transferred to the provider, less:
    (A) Periodic charges specified in the contract and applicable only to the period a living unit was actually occupied by the resident;
    (B) Those nonstandard costs specifically incurred by the provider or facility at the request of the resident and described in the contract or any contract amendment signed by the resident;
    (C) Nonrefundable fees, if set forth in the contract; and
    (D) A reasonable service charge, if set forth in the contract, not to exceed the greater of $1,000 or 2% of the entrance fee; and
  (4) A provider shall not deduct from a refund due for a rescinded or canceled contract non-refundable fees set forth in the rescinded or canceled contract or any service charge if the contract performance by the resident becomes impossible due to death or morbidity, and the resident did not occupy a living unit in the facility.
(b) Each contract shall include provisions that specify the following:
  (1) The total consideration to be paid;
  (2) Services to be provided and whether there shall be additional charges for services not included in the monthly fees;
  (3) The procedures the provider shall follow to change the resident’s accommodation if necessary for the protection of the health or safety of the resident or the general and economic welfare of the residents and the procedures the resident can use to contest the provider’s decision to change the resident’s accommodations;
  (4) The policies to be implemented if the resident cannot pay the periodic fees;
  (5) The terms governing the refund of any portion of the entrance fee if there is a discharge by the provider or cancellation by the resident;
  (6) The policy regarding increasing the periodic fees;
  (7) The description of the living quarters;
  (8) Any religious or charitable affiliations of the provider and the extent, if any, to which the affiliate organization shall be responsible for the financial and contractual obligations of the provider;
  (9) Any property rights of the resident, including the right, if any, to an equity interest in the property;
  (10) The policy, if any, regarding fee adjustments if the resident is voluntarily absent from the facility;
  (11) A requirement, if any, that the resident have Medicare, Medicare supplement, or other medical or long-term care insurance apply for Medicaid, public assistance, or any public benefit program;
  (12) The policy of ownership of pets;
  (13) A requirement, if any, that the resident have Medicare, Medicare supplement, or other medical or long-term care insurance;
  (14) The procedures the residents shall follow to file a grievance and the procedures the provider shall follow to resolve the grievance and that the resident shall not be subject to retaliatory action for filing a grievance; and
  (15) The right of residents to bring a civil action to recover for injury resulting from violations of this chapter and its regulations.
(c) If a resident’s continuing care agreement provides for assisted living services and, if the provider does not have an assisted living bed available at the facility when the resident needs the promised care, the provider shall provide the assisted living services the resident needs:
  (1) At the same rate the resident would have to pay if an assisted living bed was available; and
  (2) At the provider’s option:
    (A) In the resident’s independent living unit; or
    (B) In a nearby licensed assisted living facility.
(d) If a resident’s continuing care agreement promises the provider shall provide the resident with comprehensive nursing care services if the resident needs them and, if the provider does not have a nursing care bed available when the resident needs the promised care, the provider shall provide the nursing care services needed as follows:
  (1) At the same rates a resident would have paid if a nursing bed were available; and
  (2) At the provider’s option:
    (A) In the resident’s independent or assisted living unit; or
    (B) In a nearby licensed comprehensive care facility.
(e) A provider shall pay any contractual entrance fee refund due under a continuing care agreement to which it is a party within 60 days of the agreement being terminated by a resident’s election or death if, on the termination date, the unit has been occupied by or reserved for another resident who has paid an entrance fee.
(f) The resident’s continuing care contract shall permit the resident to identify the resident’s estate or the person or persons to whom payment shall be made if a refund is due by reason of the resident’s death.
D.C. Code § 44-608 — DC Code / Title 44 / Chapter 6 / § 44-608
§ 44-608. Conversion fee.
Status: in_force

If a nonprofit entity is a party to a conversion approved pursuant to § 44-603 , the District shall make an assessment, to recover part of the charitable assets, equal to 10% of the amount of the real property tax the healthcare entity would have paid during the past 5 years had it not been exempt from federal income taxation under sections 501(c) or (e) of the Internal Revenue Code. Such amount shall be paid in three equal installments.
D.C. Code § 44-2108 — DC Code / Title 44 / Chapter 21 / § 44-2108
§ 44-2108. Admission of insane convicts.
Status: repealed

Repealed.
D.C. Code § 44-532.02 — DC Code / Title 44 / Chapter 5 / § 44-532.02
§ 44-532.02. Application.
Status: in_force

(a) Application for license to operate a center shall be made to the Mayor on forms furnished by him and shall include, but not be limited to, the following information:
  (1) The name and address of the facility;
  (2) The names and addresses of the owners of the facility. If the owner is a corporation, the application shall include the names and addresses of all officers of the corporation and all persons having a 10% or more ownership interest;
  (3) The medical and surgical procedures for which the center is to be licensed;
  (4) The names and addresses of the center's administrator and medical director;
  (5) Evidence of capacity to provide emergency care or secure appropriate emergency care expeditiously for a patient. Such evidence shall include, at a minimum:
    (A) Provision of appropriately trained staff, space, equipment and supplies to stabilize the condition of a patient prior to transport to a hospital; and
    (B) Agreement(s) between the center and a hospital not more than 20 minutes ambulance driving time from the center that the hospital will admit all center patients needing emergency care, or proof that all physicians using the center have, or a center staff physician is always available who has, admitting privileges at a hospital not more than 20 minutes ambulance time from the center.
D.C. Code § 44-151.07 — DC Code / Title 44 / Chapter 1A / § 44-151.07
§ 44-151.07. Annual disclosure statement revision.
Status: in_force

(a) Within 150 days following the end of each fiscal year, the provider shall file with the Commissioner a revised disclosure statement setting forth current information required. The provider shall also make the revised disclosure statement available to all the residents of the facility. The revised disclosure statement shall include a narrative describing any material differences between:
  (1) (A) The forecast statements of revenues and expenses and cash flows or other forecast financial data filed pursuant to law as a part of the disclosure statement filed most immediately subsequent to the start of the provider’s most recently completed fiscal year; and
    (B) The actual results of operations during that fiscal year; and
  (2) The revised forecast statements of revenues and expenses and cash flows or other forecast financial data being filed as a part of the revised disclosure statement filed at any other time if, in the opinion of the provider, revision is necessary to prevent an otherwise current disclosure statement from containing a material misstatement of fact or omitting a material fact required to be stated therein.
(b) Only the most recently recorded disclosure statement, with respect to a facility, and in any event, only a disclosure statement dated within one year plus 150 days prior to the date of delivery, shall be considered current for purposes of the law or delivered pursuant to this chapter.
D.C. Code § 44-2015 — DC Code / Title 44 / Chapter 20 / § 44-2015
§ 44-2015. Violations and penalties for noncompliance.
Status: repealed

Repealed.
D.C. Code § 44-951.19 — DC Code / Title 44 / Chapter 9A / § 44-951.19
§ 44-951.19. Dissolution.
Status: in_force

(a) At a date approved by the Fiscal Management Board, but no later than 30 days after the opening of the new Cedar Hill Regional Medical Center – GW Health, the United Medical Center shall cease admitting new patients.
(b) At a date approved by the Fiscal Management Board, but no later than 90 days after the opening of the new Cedar Hill Regional Medical Center – GW Health, the United Medical Center shall cease patient operations.
(c) On September 30, 2025, the Corporation shall dissolve. All of its assets (including cash, accounts receivable, reserve funds, real or personal property, and contract and other rights), positions, personnel, and records, and the unexpended balances of appropriations, allocations, and other funds available or to be made available to it, shall revert to the District.
(d) The Office of the Chief Financial Officer shall ensure that the Fiscal Year 2025 year-end audit and all other financial reporting and regulatory requirements for the Not-for-Profit Hospital Corporation are executed properly.
D.C. Code § 44-1051.10 — DC Code / Title 44 / Chapter 10A / § 44-1051.10
§ 44-1051.10. Change in ownership or operation.
Status: in_force

A nurse staffing agency shall notify the Department of any change in ownership, or in business name, address, telephone number, or responsible party, as required by § 44-1051.04 , no later than 30 days after the change.
D.C. Code § 44-413 — DC Code / Title 44 / Chapter 4 / § 44-413
§ 44-413. Administrative appeal.
Status: in_force

(a) Following reconsideration by the SHPDA, or if the SHPDA denies a request for consideration, or has not granted a request for reconsideration pursuant to § 44-412(a) within 30 days after the request for reconsideration, the final decision of the SHPDA on the application for a certificate of need may be appealed by the SHCC, the applicant, or any previously appearing persons to the Office of Administrative Hearings.
(b) The Office of Administrative Hearings shall review the record and any additional evidence presented on behalf of the parties to the appeal. It shall take due account of the presumption of official regularity, the experience, and specialized competence of the SHPDA, and the purposes of this chapter. The Office of Administrative Hearings must make its written decision within 45 days of the conclusion of its review. The decision must be provided to the applicant, the SHPDA, the person requesting the hearing, and to any other person upon request. The decision of the Office of Administrative Hearings shall be considered the final decision of the SHPDA.
(c) Any contested case hearing required by § 2-509 , shall be conducted by the Office of Administrative Hearings.
D.C. Code § 44-151.10 — DC Code / Title 44 / Chapter 1A / § 44-151.10
§ 44-151.10. Right to organization.
Status: in_force

(a) A resident living in a facility registered under this chapter has the right of self-organization, the right to be represented by an individual of the resident’s own choosing, and the right to engage in concerted activities to keep informed on the operation of the facility in which he or she is a resident or for other mutual aid or protection. Responsible family members and legal guardians of residents in the assisted living and nursing components have the same rights of organization.
(b) The facility shall provide space and other appropriate accommodations, including heat, light, and furnishings, for residents’ organizations.
(c) The board of directors or other governing body of a continuing care facility or its designated representative shall hold annual meetings with the residents of the continuing care facility for free discussions of subjects including income, expenditures, and financial trends and problems as they apply to the facility and discussions of proposed changes in policies, programs, and services. Residents and guardians, legal representatives, or designees of residents shall be entitled to at least 7 days advance notice of each meeting. Residents in the assisted living and nursing components shall receive these notices, which also shall be sent to the legal guardians or responsible family members. An agenda and any materials that shall be distributed by the governing body at the meetings shall remain available upon request to residents and to guardians, legal representatives, or designees of residents.
(d) A provider that has a governing body shall include at least one resident as a full and regular member of the governing body who shall be selected by vote of the residents of the facility.
D.C. Code § 44-151.04 — DC Code / Title 44 / Chapter 1A / § 44-151.04
§ 44-151.04. Sale or transfer of ownership.
Status: in_force

(a) No provider or other owning entity shall sell or transfer ownership of the facility, or enter into a contract with a third-party provider for management of the facility, unless the transfer or contract has been approved by the Commissioner. The Commissioner shall have 90 days from receipt of the transfer documents or contract in which to review and to approve or disapprove the transfer or contract. If the transfer or sales contract or third-party management contract is approved, the new provider or third-party manager shall have 90 days in which to meet the licensing requirements and to obtain a license to operate the facility in their own name. The Commissioner, with the consent of the applicant, may extend this 90-day period for up to an additional 60 days.
(b) Upon receipt of an application for the sale or transfer of ownership of the facility or for execution of a contract with a third-party provider for management of the facility, the Commissioner shall, within 10 business days, issue a notice of filing to the applicant. Within 90 days of the notice of filing, the Commissioner shall enter an order issuing the license or rejecting the application. If the Commissioner fails to act within 90 days of the notice of filing, the application shall be deemed denied.
D.C. Code § 44-661.06 — DC Code / Title 44 / Chapter 6A / § 44-661.06
§ 44-661.06. Quarterly notice and collection. [Expired].
Status: repealed

Expired.
D.C. Code § 44-151.08 — DC Code / Title 44 / Chapter 1A / § 44-151.08
§ 44-151.08. Operating reserves.
Status: in_force

(a) All continuing care facilities shall maintain, after opening, operating reserves equal to 20% of the total operating costs projected for the 12-month period following the period covered by the most recent annual disclosure statement filed. The forecast statements as required shall serve as the basis for computing the operating reserve. In addition to total operating expenses, total operating costs shall include debt service, consisting of principal and interest payments and taxes and insurance on any mortgage loan or other long-term financing, but shall exclude depreciation, amortized expenses, and extraordinary items as may be approved by regulation. If the debt service portion is accounted for by way of another reserve account, the debt service portion may be excluded. The operating reserves may be funded by cash, invested cash, commercial paper, or by investment grade securities, including bonds, stocks, United States Treasury obligations, or obligations of United States government agencies.
(b) A provider that has begun construction, has permanent financing in place, or is in operation on April 5, 2005, has up to 5 years to meet the operating reserve requirements.
(c) The Commissioner may require a provider not meeting its reserve requirements established by subsection (a) of this section to place the reserves in an escrow account with a bank, trust company, or other escrow agent approved by the Commissioner.
(d) The notes to the provider’s annual audited financial statements shall state whether or not the reserve requirements have been met.
(e) The Commissioner may allow withdrawal or borrowing from the reserves in an amount not greater than 20% of the provider’s total reserves. The withdrawal or borrowing may be approved by the Commissioner only if required for making an emergency repair or replacement of equipment, to cover catastrophic loss that is not able to be covered by insurance, or for debt service in a potential default situation. No withdrawal or borrowing may be made from a reserve without the approval of the Commissioner pursuant to subsection (f) of this section. All funds borrowed shall be repaid to the reserve within 18 months in accordance with a payment plan approved by the Commissioner.
(f) Operating reserves shall only be released upon the submission of a detailed request from the provider or facility and shall be approved by the Commissioner. The request shall be submitted in writing for review by the Commissioner at least 10 business days prior to the date of withdrawal.
D.C. Code § 44-671.03 — DC Code / Title 44 / Chapter 6B / § 44-671.03
§ 44-671.03. Annual hospital costs reporting.
Status: in_force

By December 31, 2023, and by December 31 of each year thereafter, the Department shall publish on its website a report on District all-payer hospital costs.
D.C. Code § 44-105.08 — DC Code / Title 44 / Chapter 1 / § 44-105.08
§ 44-105.08. Notice of resident’s rights.
Status: in_force

An ALR shall place a copy of a document delineating the resident’s rights, as set forth in this chapter, in a conspicuous location, plainly visible and easily read by residents, staff, and visitors and provide a copy to each resident and resident’s surrogate upon admission and at the time of any change to the resident’s status, level of care, or services available to the resident.
D.C. Code § 44-113.01 — DC Code / Title 44 / Chapter 1 / § 44-113.01
§ 44-113.01. Rulemaking by the Mayor.
Status: in_force

The Mayor shall promulgate proposed rules where necessary to supplement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within the 45-day review period, the proposed rules shall be deemed approved.
D.C. Code § 44-702 — DC Code / Title 44 / Chapter 7 / § 44-702
§ 44-702. Children’s Tuberculosis Sanatorium — Construction and equipping authorized.
Status: in_force

The Mayor of the District of Columbia is authorized to acquire, by purchase, condemnation, or otherwise, a site, and to cause to be constructed thereon, in accordance with plans and specifications approved by such Mayor, suitable buildings and structures for use as a Children’s Tuberculosis Sanatorium, including necessary approaches and roadways, heating and ventilating apparatus, furniture, equipment, and accessories.
D.C. Code § 44-663.04 — DC Code / Title 44 / Chapter 6A / § 44-663.04
§ 44-663.04. Applicability of fees.
Status: in_force

(a) The fee imposed by § 44-663.03 shall not be due and payable until such time that the federal Centers for Medicare and Medicaid Services approves the Medicaid State Plan amendment authorizing the Medicaid payments described in § 44-663.05 .
(b) The fee imposed by § 44-663.03 shall cease to be imposed, and any moneys remaining in the Fund shall be refunded to hospitals in proportion to the amounts paid by them, if:
  (1) The Department makes changes in its rules that reduce the hospital inpatient or outpatient Medicaid payment rates, including adjustment to payment rates that are in effect on October 1, 2015; or
  (2) The payments to hospitals required under § 44-663.05 are modified in any way other than to secure federal approval of such payments as described in § 44-663.05 or are not eligible for federal matching funds under section 1903(w) of the Social Security Act, approved July 30, 1965 (70 Stat. 349; 42 U.S.C. §1396b(w)) ("Social Security Act").
(c) The fee imposed by § 44-663.03 shall not take effect or shall cease to be imposed if the fee is determined to be an impermissible tax under section 1903(w)(3)(B) of the Social Security Act by the Centers for Medicare and Medicaid Services.
(d) Should the fee imposed by § 44-663.03 not take effect or cease to be imposed, moneys in the Fund derived from the imposed fee shall be disbursed in accordance with § 44-663.05 to the extent federal matching is available. If federal matching is not available due to a determination by the Centers for Medicare and Medicaid Services that the fee is impermissible, any remaining moneys shall be refunded to hospitals in proportion to the amounts paid by them.
D.C. Code § 44-785 — DC Code / Title 44 / Chapter 7 / § 44-785
§ 44-785. Availability of appropriations.
Status: repealed

Repealed.
D.C. Code § 44-302.03 — DC Code / Title 44 / Chapter 3 / § 44-302.03
§ 44-302.03. Direct access to qualified specialists for females’ health services.
Status: in_force

(a) Every health benefits plan that requires or provides a member with the opportunity to designate a participating primary care provider, shall permit a member who is female to designate as her primary care provider a participating physician or advance practice registered nurse who specializes in obstetric and gynecology.
(b) If a member who is female does not designate a participating physician or advance practice registered nurse as described in subsection (a) of this section as her primary care provider, the health benefits plan may not require authorization or referral by the member’s primary care provider, or otherwise, in order for the member to receive routine obstetrical or gynecological services from a participating obstetrician or gynecologist or advance practice registered nurse described in subsection (a) of this section.
(c) For the purposes of this section “routine obstetrical and gynecological services” means the full scope of medically necessary services provided by the obstetrician or gynecologist or advance practice registered nurse described in subsection (a) of this section in the care of, or related to, the female reproductive system and breasts and in performing annual screening and immunizations for disorders and diseases in accordance with nationally recognized medical practice.
(d) Nothing in this section shall prohibit an insurer or Health Maintenance Organization from requiring a participating obstetrician or gynecologist or advance practice registered nurse as described in subsection (a) of this section to provide written notification to the covered female’s primary care physician of any visit to such obstetrician or gynecologist or advance practice registered nurse. The notification may include a description of the health care services rendered at the time of the visit.
D.C. Code § 44-1801 — DC Code / Title 44 / Chapter 18 / § 44-1801
§ 44-1801. Purpose.
Status: repealed

Repealed.
D.C. Code § 44-772 — DC Code / Title 44 / Chapter 7 / § 44-772
§ 44-772. Private facilities — Enforcement of provisions and regulations; inspection.
Status: repealed

Repealed.
D.C. Code § 44-1005.02 — DC Code / Title 44 / Chapter 10 / § 44-1005.02
§ 44-1005.02. Privatization contracts, leases, provider agreements, and procedures requirements.
Status: repealed

Repealed.
D.C. Code § 44-203 — DC Code / Title 44 / Chapter 2 / § 44-203
§ 44-203. Laboratory director.
Status: in_force

(a) A clinical laboratory shall be under the direct and personal supervision of a laboratory director.
(b) To qualify as a laboratory director, a person shall meet the applicable qualifications as specified in rules issued pursuant to § 44-213 and shall:
  (1) Hold a doctor of science degree or its equivalent in one of the basic sciences of chemistry, biology, or microbiology, including professional degrees in public health, medicine, osteopathy, pharmacy, dentistry, or veterinary medicine from a college or university recognized by the National Committee of Regional Accrediting Agencies; and
  (2) (A) Have a minimum of 4 years of experience in a clinical laboratory acceptable to the Mayor; or
    (B) Be certified by the American Board of Pathologists, the American Board of Osteopathic Pathology, the American Board of Medical Microbiology, the American Board of Clinical Chemistry, the American Board of Bioanalysis, or other accrediting board acceptable to the Mayor in one of the laboratory specialties.
(c) The laboratory director shall be responsible for the proper performance of all tests in a clinical laboratory. The laboratory director shall direct and supervise the testing of specimens and be responsible for the continuous application of quality control procedures to the clinical laboratory work in accordance with the rules issued pursuant to this chapter. The laboratory director shall be responsible for the work of subordinates. Clinical laboratory records of all work performed shall indicate the name of the laboratory director and be signed by or otherwise indicate the person who actually performed the test.
(d) The laboratory director shall be accessible to the laboratory to provide onsite, telephone, or electronic consultation, as needed. If the laboratory director cannot be accessible on a short-term basis for a period of time to be determined by the Mayor, the laboratory director shall designate, in writing, a substitute laboratory director who is qualified to be director in accordance with rules issued pursuant to § 44-213 .
(e) No person may serve as a director of more than 5 clinical laboratories.
D.C. Code § 44-2104 — DC Code / Title 44 / Chapter 21 / § 44-2104
§ 44-2104. Collections or reimbursements of charges to be credited to District.
Status: repealed

Repealed.
D.C. Code § 44-432 — DC Code / Title 44 / Chapter 4A / § 44-432
§ 44-432. Health care facility mammography report.
Status: in_force

(a) Beginning January 1, 2019, a health care facility shall provide a patient receiving a mammography exam with a mammography report detailing the results of the mammography exam, including an identification of the patient's breast tissue classification.
(b) If a patient receives a class C or class D breast density classification, the mammography report prepared pursuant to subsection (a) of this section shall include the following notice:
.
D.C. Code § 44-1003.13 — DC Code / Title 44 / Chapter 10 / § 44-1003.13
§ 44-1003.13. Judicial review.
Status: in_force

Any person who is aggrieved by the results of a hearing held by the Mayor pursuant to this subchapter shall have a right to judicial review in accordance with § 2-510 .
D.C. Code § 44-1102.01 — DC Code / Title 44 / Chapter 11 / § 44-1102.01
§ 44-1102.01. Definitions.
Status: repealed

Repealed.
D.C. Code § 44-1002.08 — DC Code / Title 44 / Chapter 10 / § 44-1002.08
§ 44-1002.08. Final accounting.
Status: in_force

Within 30 calendar days after termination of a receivership, the receiver shall give the court a complete accounting of all property with which he or she has been entrusted, all funds collected, and all expenses incurred.
D.C. Code § 44-105.01 — DC Code / Title 44 / Chapter 1 / § 44-105.01
§ 44-105.01. Standard of care.
Status: in_force

(a) An ALR must care for its residents in a manner and in an environment that promotes maintenance and enhancement of the residents’ quality of life and independence.
(b) In order to promote resident independence and aging in place in a residential setting, at a minimum, an ALR shall offer or coordinate for payment 24 hour supervision, assistance with scheduled and unscheduled activities of daily living, and instrumental activities of daily living as needed, as well as provision or coordination of recreational and social activities and health services in a way that promotes optimum dignity and independence for the residents.
D.C. Code § 44-1933 — DC Code / Title 44 / Chapter 19 / § 44-1933
§ 44-1933. Staff.
Status: repealed

Repealed.
D.C. Code § 44-1809 — DC Code / Title 44 / Chapter 18 / § 44-1809
§ 44-1809. Administrative review.
Status: repealed

Repealed.
D.C. Code § 44-419 — DC Code / Title 44 / Chapter 4 / § 44-419
§ 44-419. Annual report.
Status: in_force

The SHPDA shall prepare and publish annually a report on the status of health systems development in the District, including the health plan development and implementation program, the health data and information program, and the certificate of need program. The report shall include a listing of the certificate of need reviews completed by SHPDA since the last report, a general statement of the finding and decisions made in the course of reviews, and the status of pending reviews.
D.C. Code § 44-106.07 — DC Code / Title 44 / Chapter 1 / § 44-106.07
§ 44-106.07. Services to be provided.
Status: in_force

(a) An ALR shall provide or ensure the provision of the following:
  (1) Twenty-four hour supervision and oversight to ensure the well-being and  safety of its residents;
  (2) Three nutritious and attractive meals and additional snacks, modified to  individual dietary needs as necessary, on a daily basis;
  (3) A variety of fresh and seasonal foods, adapted to the food habits,  preferences, and physical abilities of the residents;
  (4) At minimum, some assistance with ADLs and IADLs to meet the scheduled and  unscheduled service needs of the residents; and
  (5) Laundry and housekeeping service not provided by the resident or  surrogate.
(b) An ALR shall facilitate access for a resident to appropriate health and social services, including social work, home health agencies, nursing, rehabilitative, hospice, medical, dental, dietary, counseling, and psychiatric services.
(c) An ALR shall provide or coordinate scheduled transportation to community-based services.
D.C. Code § 44-662.05 — DC Code / Title 44 / Chapter 6A / § 44-662.05
§ 44-662.05. Multi-hospital systems, closure, merger, and new hospitals.
Status: in_force

(a) If a hospital system conducts, operates, or maintains more than one hospital licensed by the Department of Health, the hospital system shall pay the fee for each hospital separately.
(b) (1) Notwithstanding § 44-662.03 , if a hospital system or person that is subject to a fee under § 44-662.03 ceases to conduct, operate, or maintain a hospital, as evidenced by the transfer or surrender of a hospital license, the fee for the DFY in which the cessation occurs shall be adjusted by multiplying the fee computed under § 44-662.03 by a fraction, the numerator of which is the number of days in the year during which the hospital system or person conducts, operates, or maintains the hospital and the denominator of which is 365.
  (2) Immediately upon ceasing to conduct, operate, or maintain a hospital, the hospital system or person shall pay the fee for the year as so adjusted, to the extent not previously paid.
(c) Notwithstanding any other provision of this chapter, a hospital system or person who conducts, operates, or maintains a hospital, upon notice by the Department, shall pay the fee required under §  44-662.03 in accordance with subsection (a) of this section on the due date stated in the notice and on the regular installment due dates for the DFY occurring after the due date of the initial notice.
D.C. Code § 44-1003.11 — DC Code / Title 44 / Chapter 10 / § 44-1003.11
§ 44-1003.11. Notice of adverse action or voluntary facility closure.
Status: in_force

(a) Whenever a facility receives written notice that its license is being restricted, suspended, revoked, or not renewed or that it is losing its Medicare or Medicaid certification, the licensee or administrator shall within 30 calendar days give written notice of this fact to the residents and employees of the facility, the residents’ representatives, and the Long-Term Care Ombudsman.
(b) To the extent possible, the licensee or administrator of a facility shall give the Mayor, any resident to be transferred or discharged, the representative of any resident to be transferred or discharged, the facility’s employees, and the Long-Term Care Ombudsman advance written notice of at least 90 calendar days before he or she voluntarily closes the facility or a part of the facility that, when closed, will require the transfer or discharge of more than 10% of the residents. This notice shall include the proposed date of and reasons for closing.
(c) Before all or part of a facility is voluntarily closed under subsection (b) of this section, a facility representative shall advise those residents to be transferred or discharged and their representatives of available alternative placements and shall offer to assist them in securing a placement. Until the date of closing, the facility shall fully comply with this chapter and all other applicable laws and rules.
D.C. Code § 44-109.05 — DC Code / Title 44 / Chapter 1 / § 44-109.05
§ 44-109.05. Medication administration.
Status: in_force

(a) Licensed nurses, physicians, physician assistants, and TMEs may administer medications to residents or assist residents with taking their medications.
(b) (1) Each resident shall be identified prior to drug administration.
  (2) Drugs prescribed for one resident shall not be administered to another resident.
  (3) The TME shall report drug errors to the healthcare practitioner or licensed nurse and shall document the incident in the resident’s record.
D.C. Code § 44-1051.07 — DC Code / Title 44 / Chapter 10A / § 44-1051.07
§ 44-1051.07. Denial, suspension, or revocation of license.
Status: in_force

The Department may deny, suspend, revoke, or refuse to renew a license for violation of any provision of this chapter or of the regulations promulgated pursuant to this chapter.
D.C. Code § 44-302.01 — DC Code / Title 44 / Chapter 3 / § 44-302.01
§ 44-302.01. Specialists as primary care providers.
Status: in_force

(a) A health benefits plan shall permit a member with chronic disabling or life threatening conditions to choose a health care specialist as the member’s primary care provider. The specialist must be a participant in the health benefits plan and be available to attend to the member.
(b) A specialist chosen by a member pursuant to subsection (a) of this section, shall be permitted to treat the member without the member first receiving a referral from another health care provider. The specialist may authorize referrals, procedures, tests, and medical services subject to the terms of a treatment plan developed by the specialist and approved by the insurer.
(c) A health benefits plan shall permit a member with a chronic disabling or life threatening condition to have direct access to a specialist qualified to treat the condition, subject to initial referral by the member’s primary care provider and a treatment plan approved by the member’s primary care provider.  Such treatment plan shall ensure that the member will receive covered medically necessary procedures, tests, and medical services.
D.C. Code § 44-1404 — DC Code / Title 44 / Chapter 14 / § 44-1404
§ 44-1404. Severability.
Status: in_force

The invalidity of any part of this chapter shall not be construed to affect the validity of any other part capable of having practical operation and effect without the invalid part.
D.C. Code § 44-1915 — DC Code / Title 44 / Chapter 19 / § 44-1915
§ 44-1915. Appointments to vacancies.
Status: repealed

Repealed.
D.C. Code § 44-1002.01 — DC Code / Title 44 / Chapter 10 / § 44-1002.01
§ 44-1002.01. Purpose of receivership.
Status: in_force

The purpose of a receivership authorized under this subchapter shall be to safeguard the health, safety, and welfare of a facility’s residents when seriously endangered, to ensure their continuity of care, to safeguard their rights as recognized by District and federal law, and to protect them from the increased stress and risk of trauma often associated with abrupt or unplanned transfer and discharge. A receiver appointed under this subchapter shall not take any actions or assume any responsibilities inconsistent with this purpose. Nothing in this subchapter shall be construed to limit or abrogate any other common-law or statutory right to petition for receivership.
D.C. Code § 44-663.01 — DC Code / Title 44 / Chapter 6A / § 44-663.01
§ 44-663.01. Definitions.
Status: in_force

For the purposes of this subchapter , the term:
(1) "Department" means the Department of Health Care Finance.
(2) "Hospital" shall have the same meaning as provided in § 44-501(a)(1) , but excludes any hospital operated by the federal government.
(3) "Hospital system" means any group of hospitals licensed separately, but operated, owned, or maintained by a common entity.
(4) "Medicaid" means the medical assistance programs authorized by Title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396 et seq .), and by § 1-307.02 , and administered by the Department.
(5) "Outpatient gross patient revenue" means the amount calculated in accordance with generally accepted accounting principles for hospitals that is reported as the sum of Lines 18 and 19; Column 2; Worksheet G-2 of the Hospital and Hospital Health Care Complex Cost Report (Form CMS 2552-10), filed for the period ending between October 1, 2013, and September 30, 2014.
D.C. Code § 44-775 — DC Code / Title 44 / Chapter 7 / § 44-775
§ 44-775. Private facilities — Prosecutions.
Status: repealed

Repealed.
D.C. Code § 44-1813 — DC Code / Title 44 / Chapter 18 / § 44-1813
§ 44-1813. Immunity from legal liability.
Status: repealed

Repealed.
D.C. Code § 44-1807 — DC Code / Title 44 / Chapter 18 / § 44-1807
§ 44-1807. Duration, modification, sale or transfer of certificate.
Status: repealed

Repealed.
D.C. Code § 44-401 — DC Code / Title 44 / Chapter 4 / § 44-401
§ 44-401. Definitions.
Status: in_force

(a) For the purposes of this chapter, the term:
  (1) “Acquiring of effective control” means:
    (A) Any transfer, assignment or other disposition of 50% or more of the stock, voting rights thereunder, ownership interest, or operating assets of a corporation or other entity which is a HCF or is the operator or owner of a HCF;
    (B) Any transaction which results in any person, or any group of persons acting in concert, owning or controlling, directly or indirectly, 50% or more of the stock, voting rights thereunder, ownership interest, or operating assets of such a corporation or other entity;
    (C) Any transaction which results in any person, or any group of persons acting in concert, having the ability to elect or cause the election of a majority of the board of directors of such a corporation; or
    (D) Any conversion which results in the selling, transferring, leasing, exchanging, conveying, or otherwise disposing of, directly or indirectly, all the assets or a material amount of the assets, as defined by § 44-602 , of a nonprofit HCF to a for-profit entity whether a corporation, mutual benefit corporation, limited liability partnership, general partnership, joint venture, or sole proprietorship, including such an entity that results from, or is created in connection with, the conversion.
  (2) “Annual Implementation Plan” means the plan prepared annually by the State Health Planning and Development Agency and the Statewide Health Coordinating Council to specify actions which will achieve the goals and objectives of the Health Systems Plan.
  (2A) (A) “Bad debt” means an account receivable based on physician and hospital medical services furnished to any patient for which payment is:
      (i) Expected, but is regarded as uncollectible following reasonable collection efforts; and
      (ii) Not the obligation of any federal, state, or local governmental unit.
    (B) The term “bad debt” does not include charity care.
  (3) (A) "Capital expenditure" means:
      (i) Any expenditure by or on behalf of a hospital, including a private general, rehabilitation, or psychiatric or other specialty hospital that is, under generally accepted accounting principles, not properly chargeable as an expense of operation or maintenance and exceeds $15 million; except, that the SHPDA shall, by rule, adjust this threshold every 2 years to reflect the change in the Producer Price Index for New Health Care Building Construction issued by the United States Bureau of Labor Statistics or a comparable index;
      (ii) For all health care facilities not specified in sub-subparagraph (i) of this subparagraph, any expenditure by or on behalf of a health care facility, or by or on behalf of a person that is, under generally accepted accounting principles, not properly chargeable as an expense of operation or maintenance and exceeds $5 million; except, that the SHPDA shall, by rule, adjust this threshold every 2 years to reflect the change in the Producer Price Index for New Health Care Building Construction issued by the United States Bureau of Labor Statistics or a comparable index;
      (iii) Any expenditure for the acquisition of major medical equipment; except, for the replacement of existing major medical equipment with new equipment intended for the same purpose;
      (iv) Any expenditure for any acquisition under a lease or comparable arrangement, or through any other type of transfer that would have constituted a capital expenditure under this paragraph if the acquisition had been made at fair market value;
      (v) Any expenditure for any acquisition under a lease, comparable arrangement, through donation, or through any other type of transfer by 2 or more persons acting in concert, where the aggregate cost of the acquisition would have constituted a capital expenditure under this paragraph if the acquisition had been by purchase at fair market value, notwithstanding that the cost or value to each participating person of the acquisition would not, alone, constitute a capital expenditure under this paragraph; and
      (vi) Any expenditure for any action or combination of related actions by a person or by 2 or more persons acting in concert that results in acquiring effective control of a health care facility or any other corporation, partnership, limited liability company, or other entity that holds a certificate of need and which would have constituted a capital expenditure under this paragraph if the acquisition or intended acquisition had been by purchase at a fair market value.
    (B) For purposes of this paragraph, the cost of studies, appraisals, charitable donations, title searches, in-kind contributions, Internal Revenue Service 1031 exchanges, acquisition of contracts, supplies and equipment, surveys, designs, plans, working drawings, specifications, site preparation, construction, related equipment, legal fees, and other activities essential to or related to the capital expenditure shall be included in determining the total costs of the expenditure.
    (C) The term "capital expenditure" shall not include an expenditure on a nonpatient care project or renovations of existing facilities that do not increase or decrease the number of licensed beds or types of services provided by the facility.
  (3A) "Certificate of need" means a document obtained from the SHPDA that demonstrates a public need for the new service or expenditure, as described in § 44-406(a) .
  (3B) “Charity care” means the physician and hospital medical services provided to persons who are unable to pay for the cost of services, especially those persons who are low-income, uninsured and underinsured, but excluding those services determined to be caused by, or categorized as, bad debt.
  (4) Repealed.
  (5) Repealed.
  (6) Repealed.
  (6A) “Department” means the Department of Health.
  (6B) (A) “Diagnostic health care facility” means:
      (i) A diagnostic imaging center accredited by the American College of Radiology whose primary business is the provision of diagnostic imaging services to the public;
      (ii) A cardiac catheterization laboratory;
      (iii) A radiation therapy facility; or
      (iv) An independent diagnostic laboratory whose primary business is the provision of diagnostic imaging services to the public and at which at least 3 of the following exams are performed:
        (I) Magnetic resonance imaging;
        (II) CAT scan;
        (III) Nuclear medicine;
        (IV) Ultrasound;
        (V) X-ray; or
        (VI) Mammography.
    (B) The term "diagnostic health care facility" shall not include any facility that would be exempt from the definition of health care facility under paragraph (10) of this section.
  (7) “Director” means the director of the SHPDA established by § 44-402 .
  (7A) “Director of the Department of Mental Health” means the Director of the Department of Mental Health established by § 7-1131.03 .
  (8) “District government” means the government of the District of Columbia.
  (9) “Ex parte contact” means an oral or written communication not on the official record where reasonable contemporaneous notice to all parties is not given.
  (9A) “Expedited administrative review” means a review conducted by the SHPDA staff, using the same criteria and standards that apply to projects reviewed through use of the regular process, the results of which are reported to the SHCC at the next regularly scheduled SHCC meeting.
  (9B) (A) "Group practice" means a group of 2 or more health professionals legally organized as a partnership, professional corporation, foundation, not-for-profit corporation, faculty practice plan, or similar association authorized to do business in the District of Columbia, for which:
      (i) Each health professional who is a member of the group is licensed to practice in the District of Columbia and provides substantially the full range of services that a health professional with that license routinely provides, including medical care, consultation, diagnosis, or treatment, through the joint use of shared office space, facilities, equipment and personnel;
      (ii) Substantially all of the services of the health professionals who are members of the group are provided through the group and are billed under a billing number assigned to the group and amounts so received are treated as receipts of the group;
      (iii) The overhead expenses of, and the income generated from, the practice are distributed in accordance with methods previously determined by group members;
      (iv) Except as provided in subparagraph (B) of this pararaph, no health professional who is a member of the group directly or indirectly receives compensation based on the volume or value of referrals made by the health professional; and
      (v) Members of the group personally conduct no less than 75 percent of the physician-patient encounters of the group practice.
    (B) A health professional in a group practice may be paid a share of overall profits of the group, or a productivity bonus based on services personally performed or services incident to such personally performed services, so long as the share or bonus is not determined in any manner which is directly related to the volume or value of referrals made by such health professional.
    (C) In the case of a faculty practice plan associated with a hospital, institution of higher education, or medical school with an approved medical residency training program in which health professional members may provide a variety of different specialty services and provide professional services both within and outside the group, as well as perform other tasks such as research, subparagraph (A) of this paragraph shall apply only with respect to the services provided within the faculty practice plan.
  (10) (A) "Health care facility" or "HCF" means any private general hospital, psychiatric hospital, other specialty hospital, rehabilitation facility, skilled nursing facility, intermediate care facility, freestanding emergency department, urgent care facility, ambulatory surgical facility with at least one operating room, kidney disease treatment center, freestanding hemodialysis facility, diagnostic health care facility, home health agency, hospice, or other comparable health care facility which has an annual operating budget of at least $500,000.
    (B) The term "health care facility" shall not include:
      (i) A private office facility, clinic, or other establishment with no operating room where one or more health professionals provide primary care services, specialty care services, or dental services according to the applicable scope of practice of the health professional's licensure;
      (ii) A virtual provider network or virtual telehealth platform;
      (iii) A facility providing outpatient or residential behavioral health services subject to the exclusive regulatory authority of the Department of Behavioral Health;
      (iv) A federally qualified health center, as defined in section 1861(aa)(4) of the Social Security Act, approved July 30, 1965 (79 Stat. 313; 42 U.S.C. § 1395x(aa)(4)), or an entity that has been determined by the Health Resources and Services Administration of the United States Department of Health and Human Services to meet the definition of a federally qualified health center, but does not receive funding under section 330 of the Public Health Service Act, approved October 11, 1996 (110 Stat. 3626; 42 U.S.C. § 254b) ("federally qualified health center look-alike"); or
      (v) A health care facility licensed or to be licensed as a community residence facility, except for an intermediate care facility, or an Assisted Living Residence as defined by § 44-102.01(4) .
  (11) “Health Maintenance Organization” (“HMO”) means a private organization which is a qualifying HMO under federal regulations or has been determined to be an HMO pursuant to rules issued by the SHPDA in accordance with this chapter.
  (12) “Health service” means any medical or clinical related service, including services that are diagnostic, curative, or rehabilitative, as well as those related to inpatient mental health services, home health care, hospice care, medically supervised day care, and renal dialysis. The term “health service” shall not include any service provided by an entity that would be exempt from the definition of health care facility under paragraph (10) of this section.
  (13) “Health Systems Plan” (“HSP”) means the comprehensive health plan prepared by the SHPDA and the SHCC in accordance with this chapter.
  (14) (A) "Major medical equipment" means:
      (i) For private general, rehabilitation, or psychiatric or other specialty hospitals, equipment used for the provision of medical or other health services that is acquired by lease, purchase, donation, or other comparable arrangement by or on behalf of such hospitals, and has a fair market value in excess of $3.5 million; except, that the SHPDA shall, by rule, adjust this threshold every 2 years to reflect the change in the Producer Price Index for Medical Equipment and Supplies Manufacturing issued by the United States Bureau of Labor Statistics or such comparable index;
      (ii) For all health care facilities not specified in sub-subparagraph (i) of this subparagraph, equipment used for the provision of medical or other health services that is acquired by lease, purchase, donation, or other comparable arrangement by or on behalf of a health care facility, or by or on behalf of any private group practice of diagnostic radiology or radiation therapy and has a fair market value in excess of $2 million; except, that the SHPDA shall, by rule, adjust this threshold every 2 years to reflect the change in the Producer Price Index for Medical Equipment and Supplies Manufacturing issued by the United States Bureau of Labor Statistics or such comparable index; or
      (iii) A single piece of diagnostic or therapeutic equipment that is acquired by lease, purchase, donation, or other comparable arrangement by or on behalf of a physician or group of physicians (excluding those referenced in sub-subparagraph (i) of this subparagraph), or an independent owner or operator of the equipment, and has a fair market value is in excess of $350,000; except, that the SHPDA shall, by rule, adjust this threshold every 2 years to reflect the change in the Producer Price Index for Medical Equipment and Supplies Manufacturing issued by the United States Bureau of Labor Statistics or such comparable index.
    (B) In determining whether medical equipment has a fair market value in excess of the amount specified in subparagraph (A)(i) of this paragraph, the cost of studies, surveys, designs, plans, working drawings, specifications, site preparation, construction, related equipment, and other activities essential to the acquisition of the equipment shall be included.
    (C) The term "major medical equipment" does not include medical equipment acquired by or on behalf of a clinical laboratory to provide clinical laboratory services if the clinical laboratory is independent of a physician's office or a hospital and meets the requirements of section 1861(s)(10) and (11) of the Social Security Act, approved August 14, 1935 (49 Stat. 420; 42 U.S.C. 1395x(s)).
  (15) “New institutional health service” means:
    (A) The construction, development, or other establishment of:
      (i) A health care facility;
      (ii) A home health or home nursing service;
      (iii) Any new health service with a physical location; or
      (iv) A change in the licensed bed capacity of a facility by 10 beds or 20%, whichever is less, within a 2-year period.
    (B) Any health service offered by or on behalf of a HCF and which was not offered on a regular basis by the HCF within the 12-month period prior to the time the service would be offered or which involves an operating budget of at least $600,000 in direct costs for the first year of operation, except that the SHPDA shall, by rule, adjust this threshold every 2 years to reflect the change in the medical care component of the Consumer Price Index issued by the Bureau of Labor Statistics, U.S. Department of Labor or a comparable index, or which results in a capital expenditure in any amount.
  (15A) "Nonpatient care project" means any capital project by a healthcare facility or a hospital that does not solely, directly or indirectly, impact clinical procedures, treatments, patient interactions, or clinical areas, such as the construction or renovation of administrative offices, purchase of non-medical equipment, such as office furniture or information technology systems, including electronic medical records, renovation or replacement of electrical, heating, cooling, ventilation systems, elevator and escalators or other means of ingress and egress, or fire and life safety systems, and other projects that are focused solely on supporting the administrative functions of the facility.
  (16) “Person” means an individual, a trust, or estate, a partnership, or a corporation (including associations, joint stock companies, and insurance companies), the District government, or an agency, subdivision, or instrumentality of the District government.
  (17) “Social Security Act” means the Social Security Act, approved August 14, 1935, as amended (49 Stat. 520; 42 U.S.C. 301 et seq.)
  (18) “Statewide Health Coordinating Council” (“SHCC”) means the Statewide Health Coordinating Council established by § 44-403 to advise the State Health Planning and Development Agency on certain health planning functions as specified in this chapter.
  (19) “State Health Planning and Development Agency” (“SHPDA”) means the agency for the District of Columbia within the Department of Health responsible for carrying out the District government’s health planning and development program established by § 44-402 .
  (20) “Uncompensated care” means the cost of health care services rendered to a patient, regardless of the patient's residency, for which the health care facility does not receive payment. The term “uncompensated care” includes bad debt and charity care, but does not include contractual allowances.
  (21) "Virtual provider network" means a provider-owned and managed entity which employs or contracts with licensed health care providers, and which exclusively provides telehealth or telemedicine health care services through a virtual telehealth platform. The term "virtual provider network" shall not include an entity that maintains a physical facility, office, or other similar location in any jurisdiction where a person may go to seek care in person.
  (22) "Virtual telehealth platform" means a digital-only telehealth or telemedicine entity which facilitates the ability of patients to access licensed health care providers by exclusively providing health care services through a virtual provider network. The term "virtual telehealth platform" shall not include an entity that maintains a physical facility, office, or other similar location in any jurisdiction where a person may go to seek care in person.
D.C. Code § 44-1403 — DC Code / Title 44 / Chapter 14 / § 44-1403
§ 44-1403. Sale of products; disposition of proceeds.
Status: in_force

The Superintendent of the said institution may sell such of the farm, greenhouse, and garden products, and the products of the industrial shops as may not be required in the maintenance and conduct of the home and school, and the funds so secured shall be paid into the Treasury of the United States to the credit of the General Fund of the District of Columbia.
D.C. Code § 44-301.06a — DC Code / Title 44 / Chapter 3 / § 44-301.06a
§ 44-301.06a. Appeals of rescissions to the Department of Insurance, Securities, and Banking.
Status: in_force

If an insurer denies a member or member representative’s appeal of a rescission, the insurer shall provide the member or member representative and the Department of Insurance, Securities, and Banking with a written explanation of why the insurer found that there was fraud or misrepresentation of a material fact. The notice shall explain the member’s right to appeal to the Department of Insurance, Securities, and Banking.
D.C. Code § 44-552 — DC Code / Title 44 / Chapter 5 / § 44-552
§ 44-552. Criminal background checks.
Status: in_force

(a) The requirements of this section shall not apply to persons employed on or before July 23, 2001, persons licensed under Chapter 12 of Title 3 , or to a person who volunteers services to a facility and works under the direct supervision of a person licensed pursuant to Chapter 12 of Title 3 .
(b) No facility shall employ or contract with any unlicensed person until a criminal background check has been conducted for that person. Each facility shall inform each prospective employee or contract worker that the facility is required to conduct a criminal background check before employing or contracting with an unlicensed person.
(c) All criminal records received by a facility for the purposes of employing a person who is not a licensed professional pursuant to this subchapter shall be kept confidential and shall be used solely by the facility. The criminal records shall not be released or otherwise disclosed to any person except to:
  (1) The Mayor or the Mayor’s designee during an official inspection or investigation of the facility;
  (2) The person whose background is being investigated;
  (3) Comply with an order of a court; or
  (4) Any person with the written consent of the person being investigated.
(d) All criminal records received by a facility shall be destroyed after one year from the end of employment of the person to whom the records relate.
(e) No facility shall employ or contract with any unlicensed person if, within the 7 years preceding a criminal background check conducted pursuant to this section, that person has been convicted in the District of Columbia, or in any other state or territory of the United States where such person has worked or resided, of any of the following offenses or their equivalent in another state or territory:
  (1) Murder, attempted murder, or manslaughter;
  (2) Arson;
  (3) Assault, battery, assault and battery, assault with a dangerous weapon, mayhem or threats to do bodily harm;
  (4) Burglary;
  (5) Robbery;
  (6) Kidnapping;
  (7) Theft, fraud, forgery, extortion or blackmail;
  (8) Illegal use or possession of a firearm;
  (9) Repealed.
  (10) Rape, sexual assault, sexual battery, or sexual abuse;
  (11) Child abuse or cruelty to children; or
  (12) Unlawful distribution or possession with intent to distribute, a controlled substance.
(f) Repealed.
(g) No facility shall employ or contract with any unlicensed person who is not a licensed professional if that person’s name appears on the Nurse Aide Abuse Registry maintained pursuant to regulations promulgated by the Mayor.
(h) Each facility may obtain a criminal background check from the Metropolitan Police Department, the U.S. Department of Justice, or from a private agency. The facility shall pay the fee that is established and charged by the entity that provides the criminal background check results. Nothing in this subsection shall preclude the facility from seeking reimbursement of the fee paid for the criminal background check from the applicant for employment or contract work.
(i) Except as provided in subsection (a) of this section, a facility may also opt to conduct a criminal background check on any employee or volunteer who provides services at the facility.
D.C. Code § 44-908 — DC Code / Title 44 / Chapter 9 / § 44-908
§ 44-908. Financing provisions.
Status: in_force

(a) There are authorized to be appropriated for grants by the Secretary of Health and Human Services to the District of Columbia comprehensive mental health system, $30,000,000 for fiscal year 1988, $24,000,000 for fiscal year 1989, $18,000,000 for fiscal year 1990, and $12,000,000 for fiscal year 1991.
(b) (1) Beginning on October 1, 1987, and in each subsequent fiscal year, the appropriate federal agency is directed to pay the District of Columbia the full costs for the provision of mental health diagnostic and treatment services for the following types of patients:
    (A) Any individual referred to the system pursuant to a federal statute or by a responsible federal agency;
    (B) Any individual referred to the system for emergency detention or involuntary commitment after being taken into custody:
      (i) As a direct result of the individual’s action or threat of action against a federal official;
      (ii) As a direct result of the individual’s action or threat of action on the grounds of the White House or of the Capitol; or
      (iii) Under Chapter 9 of Title 21 of the District of Columbia Official Code;
    (C) Any individual referred to the system as a result of a criminal proceeding in a federal court (including an individual admitted for treatment, observation, and diagnosis and an individual found incompetent to stand trial or found not guilty by reason of insanity). The preceding provisions of this paragraph apply to any individual referred to the system (or to Saint Elizabeths Hospital) before or after November 8, 1984.
  (2) The responsibility of the United States for the cost of services for individuals described in paragraph (1) of this subsection shall not affect the treatment responsibilities to the District of Columbia under the Interstate Compact on Mental Health.
(c) During the service coordination and the financial transition periods, the District of Columbia shall gradually assume a greater share of the financial responsibility for the provision of mental health services provided by the system to individuals not described in subsection (b) of this section.
(d) Subject to § 44-903(f)(2) , capital improvements to facilities at Saint Elizabeths Hospital authorized during the service coordination period shall be the shared responsibility of the District and the federal government in accordance with Public Law 83-472.
(e) Pursuant to the financial audit under § 44-903(f) , any unassigned liabilities of the Hospital shall be assumed by and shall be the sole responsibility of the federal government.
(f) (1) After the service coordination period, the Secretary shall conduct an audit, under generally accepted accounting procedures, to identify the liability of the federal government for accrued annual leave balances for those employees assumed by the District under the system implementation plan.
  (2) There is authorized to be appropriated for payment by the federal government to the District an amount equal to the liability identified by such audit.
(g) Nothing in this subchapter shall affect the authority of the District of Columbia under any other statute to collect costs billed by the District of Columbia for mental health services, except that payment for the same costs may not be collected from more than one party.
(h) The government of the United States shall be solely responsible for:
  (1) All claims and causes of action against Saint Elizabeths Hospital that accrue before October 1, 1987, regardless of the date on which legal proceedings asserting such claims were or may be filed, except that the United States shall, in the case of any tort claim, only be responsible for any such claim against the United States that accrues before October 1, 1987, and the United States shall not compromise or settle any claim resulting in District liability without the consent of the District, which consent shall not be unreasonably withheld; and
  (2) All claims that result in a judgment or award against Saint Elizabeths Hospital before October 1, 1987.
D.C. Code § 44-1935 — DC Code / Title 44 / Chapter 19 / § 44-1935
§ 44-1935. Transfer of positions and funds.
Status: repealed

Repealed.
D.C. Code § 44-1704 — DC Code / Title 44 / Chapter 17 / § 44-1704
§ 44-1704. Certificate of registration — Application; issuance.
Status: in_force

(a) Application for such certificate of registration shall be made upon such form or forms as shall be prescribed by the Council of the District of Columbia, shall be sworn to and shall be filed with the Mayor at least 15 days prior to the time when the certificate of registration applied for shall become effective. Each such application shall contain such information as the Council shall by regulation require.
(b) If, while any application is pending, or during the term of any certificate of registration granted thereon, there is any change in fact, policy, or method from the information given in the application, the applicant or registrant shall within 10 days after such change report the same in writing to the Mayor.
(c) The Mayor shall issue a certificate of registration within 10 days after the filing of an application therefor; provided, that, whenever in the opinion of the Mayor the application does not disclose sufficient information required by this chapter, or the regulations made pursuant thereto, to be stated in such application, then the applicant shall file in writing, within 48 hours, exclusive of Sundays and legal holidays, after a demand therefor made by the Mayor, such additional information as may be required by said Mayor; provided further, that the Mayor, for good cause shown by the applicant, may extend the time for filing such additional information; provided further, that the Mayor may withhold the issuance of a certificate of registration until such additional information is furnished. Each certificate of registration shall be valid for such period of time as shall be specified therein.
D.C. Code § 44-211 — DC Code / Title 44 / Chapter 2 / § 44-211
§ 44-211. Confidentiality of test results.
Status: in_force

(a) A patient may request, in writing, access to or copies of the results of the patient’s own laboratory tests.
(b) (1) All requests for clinical laboratory services, the results of all clinical laboratory tests, and the contents of patient specimens shall be confidential.
  (2) Persons other than the patient or the patient’s physician may have access to the results of the patient’s laboratory tests if:
    (A) The patient has given written consent to the person seeking access for the release of the records for a specific use; or
    (B) The court has issued a subpoena for the results of the patient’s laboratory tests, and except in a law enforcement investigation, the person seeking access has given the patient notice and an opportunity to contest the subpoena.
(c) All clinical laboratory results shall be reported to the requesting physician. When there is no requesting physician, the clinical laboratory shall report the test results to the patient and shall recommend that the patient forward the laboratory results to the patient’s personal physician as soon as possible.
D.C. Code § 44-1003.07 — DC Code / Title 44 / Chapter 10 / § 44-1003.07
§ 44-1003.07. Notice to resident and resident’s representative; informal conference.
Status: in_force

(a) Before a resident is transferred or discharged under § 44-1003.05(a)(1) through (4), the Mayor shall provide the resident, the representative of a resident, and the Long-Term Care Ombudsman with a written notice stating the reasons for the intended action and informing them of their right to contest the transfer or discharge under § 44-1003.09 .
(b) Before the transfer or discharge, the Mayor shall hold an informal conference with the resident, the representative of a resident, and the Long-Term Care Ombudsman at which they may present objections to the proposed transfer or discharge plan and alternative placement.
D.C. Code § 44-212 — DC Code / Title 44 / Chapter 2 / § 44-212
§ 44-212. Penalties and enforcement.
Status: in_force

(a) A clinical laboratory license may be revoked, suspended, or limited by the Mayor on proof that the laboratory or one or more of its employees:
  (1) Has made misrepresentations in obtaining the license or in the operation of the laboratory;
  (2) Has engaged or attempted to engage or represented the laboratory as entitled to perform any laboratory procedure not authorized by the license;
  (3) Has rendered a laboratory report actually performed in another laboratory without designating the fact that the examination or procedure was performed in another laboratory;
  (4) Has failed to submit a plan for corrective action or failed to correct deficiencies as required in § 44-209 ; or
  (5) Has failed to file a report required by the provisions of this chapter or the rules issued pursuant to this chapter.
(b) (1) If the Mayor determines, after investigation, that the conduct of a licensee presents an imminent danger to the health and safety of the residents of the District, the Mayor may summarily suspend or restrict, without a hearing, the license of the laboratory employee.
  (2) The Mayor, at the time of the summary suspension or restriction of a license, shall provide the licensee with written notice stating the action that is being taken, the basis for the action, and the right of the licensee to request a hearing.
  (3) A licensee shall have the right to request a hearing within 72 hours after service of notice of the summary suspension or restriction of license. The Mayor shall hold a hearing within 72 hours of receipt of a timely request, and shall issue a decision within 72 hours after the hearing.
  (4) Every decision and order adverse to a licensee shall be in writing and shall be accompanied by findings of fact and conclusions of law. The findings shall be supported by, and in accordance with, reliable, probative, and substantial evidence. The Mayor shall provide a copy of the decision and order and accompanying findings of fact and conclusions of law to each party to a case or to each party’s attorney of record.
(c) (1) When the Mayor, after investigation, but prior to a hearing, has cause to believe that any clinical laboratory or laboratory employee is violating any provision of this chapter and the violation has caused or may cause immediate and irreparable harm to the public, the Mayor may issue an order requiring the alleged violator to cease and desist immediately from the violation. The order shall be served by certified mail or by personal service.
  (2) The alleged violator may, within 15 days of the service of the order, submit a written request to the Mayor to hold a hearing on the alleged violation.
  (3) Upon receipt of timely request, the Mayor shall conduct a hearing and render a decision.
  (4) (A) The alleged violator may, within 10 days of the service of an order, submit a written request to the Mayor for an expedited hearing on the alleged violation, in which case the alleged violator shall waive his or her right to the 15-day notice.
    (B) Upon receipt of a timely request for an expedited hearing, the Mayor shall conduct a hearing, pursuant to subchapter I of Chapter 5 of Title 2 , within 10 days of the date of receiving the request and shall deliver to the alleged violator at his or her last known address a written notice of the hearing, at least 5 days before the hearing date.
  (5) The Mayor shall issue a decision within 30 days after an expedited hearing. If a request for a hearing is not made, the order of the Mayor to cease and desist is final. If, after a hearing, the Mayor determines the alleged violator is not in violation of this chapter, the Mayor shall revoke the order to cease and desist. If any person fails to comply with a lawful order the Mayor issued pursuant to this section, the Mayor may petition the court to issue an order compelling compliance or take other action authorized by this chapter.
(d) Except as provided in this subsection, no license shall be revoked, suspended, or limited without a hearing pursuant to subchapter I of Chapter 5 of Title 2 . If a license is revoked or limited for failure to demonstrate continuing satisfactory performance, reinstatement of the license shall require demonstration of proficiency over a testing period, not to exceed 6 months.
(e) Any laboratory director, laboratory owner, or designated supervisory physician who willfully and knowingly participates in the unlawful operation of a clinical laboratory in the District of Columbia, and any person who intentionally impedes a District of Columbia official or employee in the performance of his or her authorized duties under this chapter or any rules issued pursuant to this chapter, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not exceeding $1,000 per day until the violation ceases, imprisonment for not more than 90 days, or both. Prosecution shall be in the Superior Court of the District of Columbia upon information by the Attorney General for the District of Columbia or one of his or her assistants.
(f) A violation of this chapter shall be a civil infraction for purposes of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985. Civil fines, penalties, and fees may be imposed as sanctions for any infraction of the provisions of this chapter, or the rules issued under authority of this chapter, pursuant to Chapter 18 of Title 2 . Adjudication of any infractions shall be pursuant to Chapter 18 of Title 2 .
(g) Notwithstanding the availability of any other remedy, the Attorney General for the District of Columbia or one of his or her assistants may maintain, in the name of the District of Columbia, an action in the Superior Court of the District of Columbia to enjoin any person, agency, corporation, or other entity from operating a clinical laboratory in violation of the terms of its license, the provisions of this chapter, or any rules issued pursuant to this chapter.
D.C. Code § 44-631 — DC Code / Title 44 / Chapter 6A / § 44-631
§ 44-631. Definitions.
Status: repealed

Expired.
D.C. Code § 44-104.04 — DC Code / Title 44 / Chapter 1 / § 44-104.04
§ 44-104.04. Emergency suspension.
Status: in_force

(a) The Mayor may immediately suspend, as an emergency action, a license on finding that the licensee’s premises are unsafe for human habitation or pose an immediate threat to the health and safety of its residents.
(b) The Mayor shall deliver a written notice to the licensee informing it of the emergency suspension, giving the reasons for the suspension, providing the provisions of law with which the licensee has failed to comply that form the basis for the emergency suspension, and notifying the ALR of its right to request a hearing and to be represented by counsel.
(c) The filing of a hearing request shall not stay the emergency suspension.  If the licensee is dissatisfied with the emergency suspension, it may appeal the suspension as provided in § 44-505 .
(d) When a license is suspended pursuant to this section, the licensee shall immediately return the license to the Mayor, notify the residents and surrogates of the suspension, and make every effort to assist them in making other assisted living arrangements.
D.C. Code § 44-661.08 — DC Code / Title 44 / Chapter 6A / § 44-661.08
§ 44-661.08. Rules. [Expired].
Status: repealed

Expired.
D.C. Code § 44-665.15 — DC Code / Title 44 / Chapter 6A / § 44-665.15
§ 44-665.15. Medicaid outpatient hospital directed payments.
Status: in_force

For visits and services beginning on October 1, 2024, the Department shall require Medicaid managed care organizations to make outpatient directed payments to hospitals consistent with the applicable State directed payment preprint approved by the Centers for Medicare and Medicaid Services.
D.C. Code § 44-1924 — DC Code / Title 44 / Chapter 19 / § 44-1924
§ 44-1924. Public hearing.
Status: repealed

Repealed.
D.C. Code § 44-104.01 — DC Code / Title 44 / Chapter 1 / § 44-104.01
§ 44-104.01. Sanctions.
Status: in_force

(a) The sanctions set forth in § 44-509 .
(b) On determining that a licensee has violated this chapter, the Mayor, in addition to the sanctions required by subsection (a) of this section, may:
  (1) Restrict the number of residents the licensee may admit;
  (2) Require the licensee to reduce the number of residents in its care;
  (3) Require the licensee and any of its staff to receive remedial instruction  or training in a specific area;
  (4) Require the licensee to use the services of a management firm approved by  the Mayor;
  (5) Notify or require the licensee to notify a resident who is affected by  the violation and his or her surrogate;
  (6) Increase the frequency of monitoring visits during a specified period of  time;
  (7) Enter into an agreement with the licensee establishing certain conditions  for continued operation, including time limits for compliance; and
  (8) Petition a court of competent jurisdiction to appoint a receiver as  provided in subchapter II of Chapter 10 of this title .
(c) If the Mayor determines that the licensee has violated a condition or requirement of an imposed sanction, the Mayor may suspend or revoke the license.
(d) Appeals under this section may be taken pursuant to subchapter XII of this chapter .
D.C. Code § 44-1103.02 — DC Code / Title 44 / Chapter 11 / § 44-1103.02
§ 44-1103.02. Voluntary severance incentive program.
Status: repealed

Repealed.
D.C. Code § 44-714 — DC Code / Title 44 / Chapter 7 / § 44-714
§ 44-714. Conflicts of interest by directors or trustees of certain charitable institutions.
Status: in_force

No member or members of any board or boards of trustees or directors of any charitable institution, organization or corporation in the District of Columbia, which is supported in whole or in part by appropriations made by Congress, shall engage in traffic with said institution, organization or corporation for financial gain, and any member or members of such board of trustees or directors who shall so engage in such traffic shall be deemed legally disqualified for service on said board or boards.
D.C. Code § 44-110.07 — DC Code / Title 44 / Chapter 1 / § 44-110.07
§ 44-110.07. Health, light, and ventilation.
Status: in_force

(a) An ALR shall ensure that each facility is lighted and ventilated in accordance with Title 12 of the District of Columbia Municipal Regulations  (District of Columbia Construction Codes Supplement of 1992). Artificial night lights for corridors and exterior security lighting shall be installed.
(b) Each room shall have either a functioning ceiling light fixture or another source of artificial light.
(c) An ALR shall ensure that heating and air conditioning equipment is maintained to ensure that:
  (1) During waking hours, an interior temperature throughout the facility of at least 72 degrees Fahrenheit when outside temperatures are 65 degrees  Fahrenheit or below, is maintained throughout the facility;
  (2) During sleeping hours, an interior temperature of at least 68 degrees Fahrenheit, when outside temperatures are 65 degrees Fahrenheit or below, is  maintained throughout the facility;
  (3) For individual units, heating and air conditioning shall be maintained at a temperature which is comfortable for the individual resident, whenever practicable; and
  (4) When inside temperature exceeds 85 degrees Fahrenheit, mechanically  cooled air shall be used in areas of the building used by residents with no inside area used by the residents allowed to exceed 90 degrees Fahrenheit.
D.C. Code § 44-103.01 — DC Code / Title 44 / Chapter 1 / § 44-103.01
§ 44-103.01. Authority to operate an assisted living residence in the District of Columbia.
Status: in_force

It shall be unlawful to operate an assisted living residence in the District of Columbia without being licensed and in compliance with the provisions of this chapter.
D.C. Code § 44-109.03 — DC Code / Title 44 / Chapter 1 / § 44-109.03
§ 44-109.03. On-site medication review.
Status: in_force

The ALR shall arrange for an on-site review by a registered nurse every 45 days to:
(1) Supervise the administration of medications by Trained Medication Employees;
(2) Assess the resident’s response to medication; and
(3) Assess the resident’s ability to continue to self-administer his or her medications.
D.C. Code § 44-1102.08 — DC Code / Title 44 / Chapter 11 / § 44-1102.08
§ 44-1102.08. Personnel Administration.
Status: repealed

Repealed.
D.C. Code § 44-1002.02 — DC Code / Title 44 / Chapter 10 / § 44-1002.02
§ 44-1002.02. Grounds for receivership.
Status: in_force

A receiver may be appointed under this subchapter on one or more of the following grounds:
(1) The facility is unlawfully operating without a current District license;
(2) The licensee has abandoned the facility;
(3) The facility is closing within 30 calendar days and cannot offer verifiable evidence that adequate arrangements, designed to minimize transfer trauma, have been made to relocate its residents;
(4) A condition or practice in the facility poses a serious, widespread danger, either immediate or recurring, to the health, safety, or welfare of the residents;
(5) Violations of residents’ rights, established pursuant to § 44-504(a)(4) , are chronic, substantial, and widespread;
(6) Insolvency of an owner or the licensee has placed the continued operation of the facility in serious jeopardy; or
(7) The facility has been issued a restricted or provisional license by the Department of Health.
D.C. Code § 44-2007 — DC Code / Title 44 / Chapter 20 / § 44-2007
§ 44-2007. Activities exempt from certificate of need review.
Status: repealed

Repealed.
D.C. Code § 44-2006 — DC Code / Title 44 / Chapter 20 / § 44-2006
§ 44-2006. Certificate of need requirements.
Status: repealed

Repealed.
D.C. Code § 44-1639 — DC Code / Title 44 / Chapter 16A / § 44-1639
§ 44-1639. Uniformity of application and construction.
Status: in_force

In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
D.C. Code § 44-554 — DC Code / Title 44 / Chapter 5 / § 44-554
§ 44-554. Rules.
Status: in_force

The Mayor may issue rules to implement this subchapter, including procedures for additional enforcement actions for violation of this subchapter and the setting of fees in accordance with the provisions of subchapter I of Chapter 5 of Title 2 .
D.C. Code § 44-664.11 — DC Code / Title 44 / Chapter 6A / § 44-664.11
§ 44-664.11. Definitions.
Status: in_force

For the purposes of this subchapter , the term:
(a) (1) "Department" means the Department of Health Care Finance.
  (2) "Hospital" shall have the same meaning as provided in § 44-501(a)(1) , but excludes any hospital operated by the federal government and any specialty hospital, as defined by the District of Columbia's Medicaid State Plan ("State Plan"), or a hospital that is reimbursed under a specialty hospital reimbursement methodology under the State Plan.
  (3) "Hospital system" means any group of hospitals licensed separately but operated, owned, or maintained by a common entity.
  (4) (A) "Inpatient net patient revenue" means, with respect to a hospital, the result of the following calculation:
      (i) The quotient of the number appearing in Column 1 of Line 28 on Worksheet G-2 of the hospital's most recently available filed Hospital and Hospital Health Care Complex Cost Report ("Form CMS-2552-10"), divided by the number appearing in Column 3 of Line 28 on Worksheet G-2 of that report; and
      (ii) Multiplied by the number appearing in Column 1 of Line 3 of Worksheet G-3 of that report.
    (B) Notwithstanding subparagraph (A) of this paragraph, for a hospital that has not yet filed its first Form CMS-2552-10, the term "inpatient net patient revenue" shall mean a dollar value determined by the Department, based on projected utilization volume and projected utilization migration from other area hospitals, that approximates the hospital's expected inpatient net patient revenue.
  (5) "Medicaid" means the medical assistance programs authorized by Title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396 et seq .) ("Social Security Act"), and by § 1-307.02 , and administered by the Department.
D.C. Code § 44-901 — DC Code / Title 44 / Chapter 9 / § 44-901
§ 44-901. Findings and purposes.
Status: in_force

(a) The Congress makes the following findings:
  (1) Governmentally administered mental health services in the District of Columbia are currently provided through 2 separate public entities, the federally administered Saint Elizabeths Hospital and the Mental Health Services Administration of the District of Columbia Department of Human Resources.
  (2) The District of Columbia has a continuing responsibility to provide mental health services to its residents.
  (3) The federal government, through its operation of a national mental health program at Saint Elizabeths Hospital, has for over 100 years assisted the District of Columbia in carrying out that responsibility.
  (4) Since its establishment by Congress in 1855, Saint Elizabeths Hospital has developed into a respected national mental health hospital and study, training, and treatment center, providing a range of quality mental health and related services, including:
    (A) Acute and chronic inpatient psychiatric care;
    (B) Outpatient psychiatric and substance abuse clinical and related services;
    (C) Federal court system forensic psychiatry referral, evaluation, and patient treatment services for prisoners, and for individuals awaiting trial or requiring post-trial or post-sentence psychiatric evaluation;
    (D) Patient care and related services for designated classes of individuals entitled to mental health benefits under federal law, such as certain members and employees of the United States Armed Forces and the Foreign Service, and residents of American overseas dependencies;
    (E) District of Columbia court system forensic psychiatry referral, evaluation, and patient treatment services for prisoners, and for individuals awaiting trial or requiring post-trial or post-sentence psychiatric evaluation;
    (F) Programs for special populations such as the mentally ill deaf;
    (G) Support for basic and applied clinical psychiatric research and related patient services conducted by the National Institute of Mental Health and other institutions; and
    (H) Professional and paraprofessional training in the major mental health disciplines.
  (5) The continuation of the range of services currently provided by federally administered Saint Elizabeths Hospital must be assured, as these services are integrally related to:
    (A) The availability of adequate mental health services to District of Columbia residents, nonresidents who require mental health services while in the District of Columbia, individuals entitled to mental health services under federal law, and individuals referred by both federal and local court systems; and
    (B) The Nation’s capacity to increase our knowledge and understanding about mental illness and to facilitate and continue the development and broad availability of sound and modern methods and approaches for the treatment of mental illness.
  (6) The assumption of all or selected functions, programs, and resources of Saint Elizabeths Hospital from the federal government by the District of Columbia, and the integration of those functions, resources, and programs into a comprehensive mental health care system administered solely by the District of Columbia, will improve the efficiency and effectiveness of the services currently provided through those 2 separate entities by shifting the primary focus of care to an integrated community-based system.
  (7) Such assumption of all or selected functions, programs, and resources of Saint Elizabeths Hospital by the District of Columbia would further the principle of home rule for the District of Columbia.
(b) It is the intent of Congress that:
  (1) The District of Columbia have in operation no later than October 1, 1991, an integrated coordinated mental health system in the District which provides:
    (A) High quality, cost-effective, and community-based programs and facilities;
    (B) A continuum of inpatient and outpatient mental health care, residential treatment, and support services through an appropriate balance of public and private resources; and
    (C) Assurances that patient rights and medical needs are protected;
  (2) The comprehensive District mental health care system be in full compliance with the federal court consent decree in Dixon v. Heckler;
  (3) The District and federal governments bear equitable shares of the costs of a transition from the present system to a comprehensive District mental health system;
  (4) The transition to a comprehensive District mental health system provided for by this subchapter be carried out with maximum consideration for the interests of employees of the Hospital and provide a right-of-first-refusal to such employees for employment at comparable levels in positions created under the system implementation plan;
  (5) The federal government have the responsibility for the retraining of Hospital employees to prepare such employees for the requirements of employment in a comprehensive District mental health system;
  (6) The federal government continue high quality mental health research, training, and demonstration programs at Saint Elizabeths Hospital;
  (7) The District government establish and maintain accreditation and licensing standards for all services provided in District mental health facilities which assure quality care consistent with appropriate federal regulations and comparable with standards of the Joint Commission on Accreditation of Hospitals; and
  (8) The comprehensive mental health system plan include a component for direct services for the homeless mentally ill.
D.C. Code § 44-2011 — DC Code / Title 44 / Chapter 20 / § 44-2011
§ 44-2011. Reconsideration of review decisions.
Status: repealed

Repealed.
D.C. Code § 44-1936 — DC Code / Title 44 / Chapter 19 / § 44-1936
§ 44-1936. Discrimination prohibited.
Status: repealed

Repealed.
D.C. Code § 44-655 — DC Code / Title 44 / Chapter 6A / § 44-655
§ 44-655. Medicaid outpatient hospital access payments.
Status: repealed

Expired.
D.C. Code § 44-104.03 — DC Code / Title 44 / Chapter 1 / § 44-104.03
§ 44-104.03. Criminal penalties.
Status: in_force

The criminal penalties set forth in § 44-509 shall apply to an ALR.
D.C. Code § 44-1918 — DC Code / Title 44 / Chapter 19 / § 44-1918
§ 44-1918. Suspension or removal.
Status: repealed

Repealed.
D.C. Code § 44-951.01 — DC Code / Title 44 / Chapter 9A / § 44-951.01
§ 44-951.01. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Board” means the Board of Directors of the Not-for-Profit Hospital Corporation.
(2) “Corporation” means the Not-for-Profit Hospital Corporation established by § 44-951.02 .
(3) “Fund” means the Not-for-Profit Hospital Corporation Fund established by § 44-951.03 .
(4) “Hospital” means:
  (A) The acute care hospital on the site;
  (B) The hospital building on the site;
  (C) All furnishings, fixtures, equipment, supplies, and related amenities located in the acute care hospital and the hospital building; and
  (D) Any other operations located within the hospital building or on the site, and contracts, leases, or other agreements related to those operations.
(5) “Site” means the land comprised of approximately 17 acres at 1310 and 1350 Southern Avenue, S.E.
D.C. Code § 44-703 — DC Code / Title 44 / Chapter 7 / § 44-703
§ 44-703. Providence Hospital authorized to conduct hospital, clinic and school.
Status: in_force

The Providence Hospital is authorized to conduct not only a hospital, clinic, and all the departments, staffs, and services usually connected therewith, but also a school for the education and training of nurses and interns with full power to examine the said nurses and interns and to issue suitable certificates evidencing the completion of their courses of training.
D.C. Code § 44-114.01 — DC Code / Title 44 / Chapter 1 / § 44-114.01
§ 44-114.01. Implementation.
Status: repealed

Repealed.
D.C. Code § 44-1157 — DC Code / Title 44 / Chapter 11A / § 44-1157
§ 44-1157. Confidentiality; public information.
Status: repealed

Repealed.
D.C. Code § 44-663.03 — DC Code / Title 44 / Chapter 6A / § 44-663.03
§ 44-663.03. Hospital provider fee.
Status: in_force

(a) Beginning October 1, 2016, and subject to § 44-663.04 , the District may charge each hospital a fee based on its outpatient gross patient revenue. The fee shall be charged at a uniform rate necessary to generate the following:
  (1) An amount equal to the non-federal share of the total available spending room under the Medicaid upper payment limit for private hospitals applicable to District Fiscal Year ("DFY") 2017 consistent with the federal approval of the authorizing Medicaid State Plan amendment; plus
  (2) An amount equal to the non-federal share of the total available spending room under the Medicaid upper payment limit for District-operated hospitals applicable to DFY 2017 consistent with the federal approval of the authorizing Medicaid State Plan amendment; plus
  (3) An amount equal to the Department's administrative expenses as described in § 44-663.02(c)(2) .
(b) A psychiatric hospital that is an agency or a unit of the District government is exempt from the fee imposed under subsection (a) of this section, unless the exemption is adjudged to be unconstitutional or otherwise invalid, in which case a psychiatric hospital that is an agency or a unit of the District government shall pay the fee imposed by subsection (a) of this section.
D.C. Code § 44-771 — DC Code / Title 44 / Chapter 7 / § 44-771
§ 44-771. Private facilities — License required.
Status: repealed

Repealed.
D.C. Code § 44-412 — DC Code / Title 44 / Chapter 4 / § 44-412
§ 44-412. Reconsideration of review decisions.
Status: in_force

(a) After a decision on an application for a new or renewal certificate of need is made by the SHPDA, the SHPDA shall notify the applicant, the SHCC, all previously appearing parties, and contiguous health planning agencies of the decision. The SHPDA shall give any person, for good cause shown, an opportunity within 30 days of the date of the notice to request reconsideration of a certificate of need decision at a public hearing before the SHPDA, which shall be held without charge. If a request demonstrates good cause, the SHPDA shall conduct a public hearing within 30 days of the request of reconsideration of the decision.
(b) For purposes of this section, the term “good cause” means:
  (1) Presentation of significant and relevant information not previously considered by the SHPDA;
  (2) Demonstration of a significant change in a factor or circumstance relied upon in reaching the decision;
  (3) Demonstration of a material failure to follow SHPDA review procedures; or
  (4) Presentation of another basis for a public hearing such as when the SHPDA determines that a hearing is in the public interest.
(c) If the SHPDA reconsiders a decision, it shall notify the persons requesting the hearing, the applicant, the SHCC, and all contiguous health planning agencies, and shall publish a notice of public hearing in at least 1 newspaper of general circulation. Any person may submit testimony at the hearing. Ex parte contact shall be prohibited after the commencement of the reconsideration hearing. A record of the hearing shall be made by the SHPDA and be available to the public upon request.
(d) Upon reconsideration, the SHPDA shall issue finding giving the basis for its decision. The SHPDA may affirm, modify, or reverse its original decision. The SHPDA shall render its final decision in writing by issuing or denying a certificate of need within 15 days following the public hearing. The final decision shall not be reconsidered.
D.C. Code § 44-664.12 — DC Code / Title 44 / Chapter 6A / § 44-664.12
§ 44-664.12. Hospital Fund.
Status: in_force

(a) There is established as a special fund the Hospital Fund ("Fund"), which shall be administered by the Department in accordance with subsection (c) of this section.
(b) Revenue from the following sources shall be deposited in the Fund:
  (1) Fees collected under this subchapter ;
  (2) Interest and penalties collected under this subchapter ; and
  (3) Other amounts collected under this subchapter .
(c) Money in the Fund shall be used solely as set forth in § 44-664.13(a)(2) .
(d) (1) The money deposited in the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
  (2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation; provided, that any remaining money in the Fund at the end of each fiscal year shall be refunded to hospitals in proportion to the amounts paid by them.
D.C. Code § 44-2001 — DC Code / Title 44 / Chapter 20 / § 44-2001
§ 44-2001. Definitions.
Status: repealed

Repealed.
D.C. Code § 44-534.01 — DC Code / Title 44 / Chapter 5 / § 44-534.01
§ 44-534.01. Supplies and equipment for care.
Status: in_force

There shall be sufficient equipment for patient care according to types of patients, service programs, and procedures. There shall be adequate monitoring equipment, oxygen and related items available within the surgical and post-operative recovery area. Cardiac-pulmonary resuscitation equipment with trained personnel shall be available in facilities utilizing general anesthesia. There shall be written procedures governing the care, use, sterilization, storage and disposal of all materials. There shall be written procedures to assure safety in storage and use of inhalation anesthetics, medical gases, narcotics and medications. A program shall be formulated and implemented which shall acquaint all personnel with the established medication policies and procedures and assure enforcement.
D.C. Code § 44-664.06 — DC Code / Title 44 / Chapter 6A / § 44-664.06
§ 44-664.06. Quarterly notice and collection.
Status: in_force

(a) The fee imposed under § 44-664.03 , which shall be calculated, due, and payable on a quarterly basis, shall be due and payable by the 15th of the last month of each DFY quarter; provided, that the fee shall not be due and payable until:
  (1) The District issues written notice that the payment methodologies for payments to hospitals required under § 44-664.05 have been approved by the Centers for Medicare and Medicaid Services; and
  (2) The District issues written notice to the hospital informing the hospital of its fee rate, outpatient gross patient revenue subject to the fee, and the fee amount owed on a quarterly basis, including, in the initial written notice from the District to the hospital, all fee amounts owed beginning with the period commencing on October 1 of each year, to ensure all applicable fee obligations have been identified.
(b) (1) If a hospital fails to pay the full amount of the fee in accordance with this subchapter , the unpaid balance shall accrue interest at the rate of 1.5% per month or any fraction thereof, which shall be added to the unpaid balance.
  (2) The Chief Financial Officer may arrange a payment plan for the amount of the fee and interest in arrears.
(c) The payment by the hospital of the fee created in this subchapter shall be reported as an allowable cost for purposes of Medicaid hospital reimbursement.
D.C. Code § 44-1509 — DC Code / Title 44 / Chapter 15 / § 44-1509
§ 44-1509. Enforcement of laws by Mayor — Protection of children.
Status: in_force

The Mayor of the District of Columbia shall, by the police force of said District, aid the said Society, its officers and agents, in the enforcement of all laws relating to or affecting the protection of children; and the Mayor of the said District, and his successors, are authorized, in their discretion, to detail, from time to time, an officer or officers to aid specially in the work of said Society, or they may commission any duly appointed agents of said Society special police officers, without compensation; and such agents or officers shall have power to arrest, without warrant, all persons violating in their presence or sight any law relating to or affecting the protection of children, or other parties so offending by virtue of a warrant issued by the Family Division of the Superior Court, which offenders shall be taken by such agents or officers before the said Family Division of the Superior Court for trial. Said agents or officers are also hereby empowered to bring before the said Court any child who is subjected to cruel treatment, willful abuse, or neglect, or any child under 17 years of age found in a house of ill fame; and said Court may commit such child to an orphan asylum or other public charitable institution in the District of Columbia, with the consent of the constituted authorities of such asylum or institution, or make such other disposition thereof as provided by law in cases of vagrant, destitute, or abandoned children.
D.C. Code § 44-777 — DC Code / Title 44 / Chapter 7 / § 44-777
§ 44-777. Rules and regulations for Smallpox Hospital.
Status: repealed

Repealed.
D.C. Code § 44-1151 — DC Code / Title 44 / Chapter 11A / § 44-1151
§ 44-1151. Definitions.
Status: repealed

Repealed.
D.C. Code § 44-2113 — DC Code / Title 44 / Chapter 21 / § 44-2113
§ 44-2113. Superintendent authorized to prescribe regulations.
Status: repealed

Repealed.
D.C. Code § 44-1051.03 — DC Code / Title 44 / Chapter 10A / § 44-1051.03
§ 44-1051.03. License required.
Status: in_force

A nurse staffing agency shall be licensed by the Department before providing any nursing personnel, Home Health Aides, or Personal Care Aides to a health care facility or agency for the purpose of rendering temporary nursing related aide personnel within the District of Columbia.
D.C. Code § 44-658 — DC Code / Title 44 / Chapter 6A / § 44-658
§ 44-658. Rules.
Status: repealed

Expired.
D.C. Code § 44-951.02 — DC Code / Title 44 / Chapter 9A / § 44-951.02
§ 44-951.02. Establishment of the Not-for-Profit Hospital Corporation.
Status: in_force

(a) There is established as an instrumentality of the District government the Not-for-Profit Hospital Corporation, which shall have a separate legal existence within the District government.
(b) The primary purpose of the Corporation shall be to:
  (1) Receive the land, improvements on the land, equipment, and other assets of the United Medical Center;
  (2) Operate and take all actions to ensure the continued operation of the hospital; and
  (3) Sell or otherwise transfer all or part of the hospital and site, if a qualified buyer is identified.
D.C. Code § 44-206 — DC Code / Title 44 / Chapter 2 / § 44-206
§ 44-206. Mayor’s authority to establish Laboratory Advisory Board.
Status: in_force

(a) The Mayor shall appoint a Laboratory Advisory Board, which will advise the Mayor on:
  (1) Classifying laboratory tests as waived, moderately complex, or highly complex for the purposes of this chapter;
  (2) Developing additional requirements or limitations for clinical laboratories;
  (3) Proficiency testing programs and certifying institutions and organizations for the purposes of this chapter; and
  (4) Developing rules and procedures for inspections of laboratories.
(b) The Mayor shall appoint the members of the Board within 60 days of March 16, 1989.
(c) The Board shall transmit its written recommendations to the Mayor within 180 days of the date of the appointment of all members and shall then cease to exist.
(d) The Mayor may appoint a temporary board, at the Mayor’s discretion, for whatever periods of the time the Mayor deems necessary because of advancements in technology or other purposes consistent with carrying out the provisions of this chapter.
D.C. Code § 44-664.14 — DC Code / Title 44 / Chapter 6A / § 44-664.14
§ 44-664.14. Quarterly notice and collection.
Status: in_force

(a) The fee imposed under § 44-664.13 shall be due and payable by the 15th of the last month of each DFY quarter.
(b) The fee imposed under § 44-664.13 shall be calculated, due, and payable on a quarterly basis, but shall not be due and payable until the District issues written notice to each hospital informing the hospital of its fee rate, inpatient net patient revenue subject to the fee, and the fee amount owed on a quarterly basis, including, in the initial written notice from the District to the hospital, all fee amounts owed beginning with the period October 1 of each District Fiscal Year, to ensure all applicable fee obligations have been identified.
(c) (1) If a hospital fails to pay the full amount of its fee by the date required, the unpaid balance shall accrue interest at the rate of 1.5% per month or any fraction thereof, which shall be added to the unpaid balance.
  (2) The Chief Financial Officer may arrange a payment plan for the amount of the fee and interest in arrears.
(d) The payment by the hospital of the fee created in this subchapter shall be reported as an allowable cost for purposes of Medicaid hospital reimbursement.
D.C. Code § 44-1002.06 — DC Code / Title 44 / Chapter 10 / § 44-1002.06
§ 44-1002.06. Powers and duties of receiver.
Status: in_force

(a) A receiver shall:
  (1) Take charge of the operation and management of the facility and assume all rights to possess and use the building, fixtures, furnishings, records, and other related property and goods that the owner, licensee, or administrator would have if the receiver had not been appointed;
  (2) Give notice of the receivership, in accordance with subsection (b) of this section, to the facility’s residents and employees, each resident’s representative, the Long-Term Care Ombudsman, and any other person whom the court orders should receive notice;
  (3) Exercise his or her powers to correct all of the conditions that prompted the need for receivership, to ensure quality care for each resident, and to promote full respect for the rights of residents established by District and federal law;
  (4) Unless the facility is closing, take all steps necessary to maintain or restore District licensure and federal Medicare/Medicaid certification;
  (5) Preserve all property and records with which he or she is entrusted;
  (6) Report to the court in accordance with a schedule established by the court; and
  (7) Carry out any other duties established by the court.
(b) The notice required by subsection (a)(2) of this section shall include at a minimum the following information in not less than 12-point type:
  (1) The reasons for and purpose of the receivership;
  (2) The identity of the receiver and how he or she may be contacted;
  (3) The anticipated duration of the receivership; and
  (4) Unless the receiver was appointed to facilitate the orderly transfer or discharge of residents, a statement in boldface making clear to the residents that they do not have to move.
(c) Except as otherwise provided by Chapter 13 of Title 7 , whenever a resident is to be discharged, transferred, or relocated, a receiver shall:
  (1) Comply with subchapter III of this chapter ;
  (2) Explain to the resident and resident’s representative the alternative placements that are available, help them find an appropriate alternative placement, and provide them with information about the alternative placement chosen;
  (3) Transport the resident to the alternative placement chosen; and
  (4) Transfer all property of and records pertaining to the resident, including all necessary health information, to the resident, resident’s representative, or appropriate authority at the alternative placement.
(d) A receiver may:
  (1) Use in a reasonable and prudent manner all private and third-party payments to the facility, including payments made under Medicare or Medicaid and, with the approval of the court, money from the special fund or account if established under § 44-1002.09 ;
  (2) Enter into contracts and hire agents, consultants, and employees to carry out the powers and duties established by this section;
  (3) Direct, manage, and discharge employees of the facility, subject to District law and any contract rights they may have; and
  (4) Exercise any other powers authorized by the court.
(e) If the structural, architectural, or environmental conditions of a facility violate District or federal law or otherwise endanger the health, safety, or welfare of the residents, the receiver may correct the violation:
  (1) Without the consent of the court, if the cost of the correction does not exceed $5,000; or
  (2) Upon court approval of a written estimate and plan of correction, if the cost of the correction exceeds $5,000.
(f) (1) Except as provided in paragraphs (2) through (6) of this subsection, a receiver shall honor all leases, mortgages, secured transactions, and other contracts related to the facility and its operation.
  (2) A receiver shall assume all rights to enforce or avoid the terms of a lease, mortgage, secured transaction, or other contract related to the facility and its operation that the owner, licensee, or administrator would have if the receiver had not been appointed.
  (3) A receiver shall not be required to honor a lease, mortgage, secured transaction, or other contract related to the facility and its operation if the obligee is, or at the time the obligation was created was, the licensee or administrator of the facility or an affiliate of the licensee or administrator.
  (4) A receiver may petition the court to allow him or her to wholly or partially avoid the terms of a lease, mortgage, secured transaction, or other contract that the licensee or administrator of the facility entered into if those terms provide for a rent, interest rate, or other payment substantially in excess of an amount that was reasonable at the time the contract was entered into, or if performance of the contract would substantially impede the receiver’s ability to carry out the purposes of the receivership.
  (5) (A) The court shall hold a hearing on a petition filed under paragraph (4) of this subsection within 15 days (excluding Saturdays, Sundays, and legal holidays) after it is filed.
    (B) The receiver shall ensure that, at least 10 days (excluding Saturdays, Sundays, and legal holidays) before the hearing, notice of the hearing date and a copy of the petition are served in accordance with court rules on all persons whose legal or beneficial interest in the contract at issue is ascertainable with reasonable diligence.
  (6) If the court finds that the receiver has proven the averments in the petition by clear and convincing evidence, it may, for the duration of the receivership, excuse performance of the contract or adjust the rent, interest rate, or other payment under the contract to an amount that was reasonable at the time the contract was entered into.
  (7) Compliance with a court order issued under paragraph (6) of this subsection shall be a defense to any action brought against a receiver alleging breach of contract. The receiver’s compliance with a court order, however, shall not relieve the licensee or administrator of the facility of his or her liability for the difference between the amount paid by the receiver and the amount originally due under the contract.
(g) A receiver shall be personally liable only for his or her acts of gross negligence or intentional wrongdoing in carrying out the receivership.
(h) A receiver shall be entitled to a reasonable fee established by the court to be paid from the revenues of the facility.
D.C. Code § 44-1003.02 — DC Code / Title 44 / Chapter 10 / § 44-1003.02
§ 44-1003.02. Notice to resident and resident’s representative.
Status: in_force

(a) Whenever a resident is to be discharged, transferred, or relocated, a facility representative shall give that resident and his or her representative both oral and written notice of the reasons for, procedures for contesting, and proposed effective date of the discharge, transfer, or relocation. Except as provided in subsection (b) of this section or unless the resident and his or her representative consent to shorter notice, the oral and written notice shall be given at least 21 calendar days before a proposed discharge or transfer from the facility, and at least 7 calendar days before a proposed relocation within the facility.
(b) The time requirements for advance oral and written notice set forth in subsection (a) of this section shall not apply if:
  (1) A more immediate discharge, transfer, or relocation is necessitated by the resident’s urgent medical needs as explicitly delineated in the signed, written orders of an attending physician; or
  (2) The Long-Term Care Ombudsman determines that emergency or other compelling circumstances necessitate a more immediate discharge, transfer, or relocation, and the basis for that determination is documented in the clinical records of those discharged, transferred, or relocated.
(c) Consent by a resident and his or her representative to a discharge, transfer, relocation, or abbreviated notice under this subchapter shall be valid only if knowingly and voluntarily given at the time the move is proposed.
(d) The written notice required by subsection (a) of this section shall be on a form prescribed by the Mayor and shall at a minimum contain:
  (1) The specific reason(s), stated in detail and not in conclusory language, for the proposed discharge, transfer, or relocation;
  (2) The proposed effective date of the discharge, transfer, or relocation;
  (3) A statement in not less than 12-point type that reads:
  “You have a right to challenge this facility’s decision to discharge, transfer, or relocate you. If the decision is to discharge you from the facility or to transfer you to another facility and you think you should not have to leave, you or your representative have 7 days from the day you receive this notice to inform the Administrator [Residence Director, if a community residence facility] or a member of the staff that you are requesting a hearing and to complete the enclosed hearing request form and mail it in the preaddressed envelope provided. If you are mailing the hearing request form from the facility, the day you place it in the facility’s outgoing mail or give it to a member of the staff for mailing shall be considered the date of mailing for purposes of the time limit. In all other cases, the postmark date shall be considered the date of mailing. If, instead, the decision is to relocate you within the facility and you think you should not have to move to another room, you or your representative have only 5 days to do the above.
  “If you or your representative request a hearing, it will be held no later than 5 days after the request is received in the mail, and, in the absence of emergency or other compelling circumstances, you will not be moved before a hearing decision is rendered. If the decision is against you, in the absence of an emergency or other compelling circumstances you will have at least 5 days to prepare for your move if you are being discharge or transferred to another facility, and at least 3 days to prepare for your move if you are being relocated to another room within the facility.
  “To help you in your move, you will be offered counseling services by the staff, assistance by the District government if you are being discharged or transferred from the facility, and, at your request, additional support from the Long-Term Care Ombudsman program. If you have any questions at all, please do not hesitate to call one of the phone numbers listed below for assistance.”;
  (4) A hearing request form, together with a postage paid envelope preaddressed to the appropriate District official or agency;
  (5) The name, address, and telephone number of the person charged with the responsibility of supervising the discharge, transfer, or relocation;
  (6) The names, addresses, and telephone numbers of the Long-Term Care Ombudsman program and local legal services organizations; and
  (7) The location to which the resident will be transferred.
(d-1) Upon oral and written notification of discharge, the nursing facility shall provide to the resident and his or her representative:
  (1) A current assessment of the resident’s care needs and the kind of service the resident will need upon discharge;
  (2) Information about the resident’s right to receive counseling that explains the resident’s options of community-based care and care in the home, including the right to request that the facility arrange a visit to at least one alternative community-based care facility; and
  (3) A discharge plan that:
    (A) Links the resident with community resources, including the DC Aging and Disability Resource Center;
    (B) Explains the resident’s options of community-based care and care in the home, including the right to request that the facility arrange a visit to at least one alternative community-based care facility; and
    (C) Sets forth an arrangement for the resident and an immediate family member or legal representative, if any, to visit at least one alternative community-based care facility, at the resident’s request.
(e) Copies of the written notice required by subsection (a) of this section shall be placed in the resident’s clinical record and shall be transmitted to the Mayor’s designee and, if the resident’s care is paid in whole or in part through Medicaid, the Director of the Department of Human Services (“DHS”), and the Long-Term Care Ombudsman.
(f) Whenever nonpayment is the ground for a proposed involuntary discharge or transfer, the resident shall have the right to redeem up to the time that the discharge or transfer is to be effected and, if full payment is made, shall have the right to remain in the facility.
D.C. Code § 44-406 — DC Code / Title 44 / Chapter 4 / § 44-406
§ 44-406. Certificate of need requirements.
Status: in_force

(a) Except as provided in § 44-407 , all persons proposing to offer or develop in the District a new institutional health service, or to obligate a capital expenditure to obtain an asset to be located in the District shall, prior to proceeding with that offering, development, or obligation, obtain from the SHPDA a certificate of need that demonstrates a public need for the new service or expenditure. Only those institutional health services or capital expenditures that are granted a certificate of need shall be offered, developed, or obligated within the District.
(b) Before there is a capital expenditure in any amount to acquire, either by purchase or under a lease or comparable arrangement, of an existing HCF or part of a HCF (“Transaction”), the person or persons acquiring control (“Proposed Owner”) shall obtain a certificate of need from SHPDA. Subject to the provisions of paragraphs (5), (6), (7) and (8) of this subsection, SHPDA shall waive the procedures and review criteria set forth under § 44-409 and shall grant a certificate of need if all of the following conditions are met:
  (1) The Proposed Owner shall provide written notification to SHPDA at least 60 days before the Transaction. The notification shall include the following:
    (A) The names of the current owner(s) of the HCF, including, as applicable, all partners, controlling shareholders or members, directors, trustees and officers;
    (B) The names of the Proposed Owner of the HCF, including, as applicable, all partners, controlling shareholders or members, directors, trustees and officers;
    (C) The location(s) of the corporate office(s) of the Proposed Owner;
    (D) The proposed governance structure and, if investor-owned, a description of the mechanism for ensuring community involvement in policy matters;
    (E) A summary of the agreement setting forth the terms of the proposed Transaction, including the cost and means of financing the Transaction and a reasonably estimated projection of the impact of the transaction cost on charges for services to be provided;
    (F) A description of any capital expenditures contemplated as a part of the Transaction;
    (G) A reasonable projection of utilization and financial results for the HCF to include any expected material changes in the number of beds or services, inpatient admissions, and outpatient visits, total facility revenues, and expenses for the two-year period following the Transaction; and
    (H) A reasonably estimated projection of uncompensated care (bad debt and charity) and the nature of any proposed changes to admission policies and hours of operations over the two-year period following the Transaction.
  (2) The Proposed Owner shall certify in writing, as part of the notification required in subsection (b)(1) of this section, that:
    (A) For the five-year period following the Transaction, the percentage of uncompensated care (charity and bad debt) provided each year to the population served by the HCF will be equal to or exceed the average of the percentage of uncompensated care provided by the HCF for the two fiscal years immediately preceding the acquisition;
    (B) The Proposed Owner agrees to abide by all applicable conditions contained in certificates of need issued to the HCF, for such time and to such extent as those conditions would be applicable to the current owners in the absence of the Transaction; and
    (C) All existing financial and admission policies affecting access to the HCF based upon a patient’s ability to pay for services or treatment will be maintained for 2 years following transaction and will be consistent with existing law.
  (3) If SHPDA determines that the notification is incomplete with respect to the information required under subsection (b)(1) and (2) of this section, SHPDA shall have 10 days from the filing of the notification to inform the Proposed Owner that the notification is incomplete, otherwise the information shall be deemed complete on the 11th day. The Proposed Owner must file the additional information within 15 days of such notification from SHPDA, provided that the initial filing date shall be deemed the filing date of the notification for all purposes of computation of time under this section.
  (4) SHPDA shall call an information hearing, which shall be completed within 50 days following the filing of the notification provided under subsection (b)(1) of this section and after the Proposed Owner files additional information pursuant to subsection (b)(3) of this section. The hearing shall include a presentation by the Proposed Owner, describing its plans and addressing the certifications provided pursuant to subsection (b)(2) of this section, and receipt of testimony from affected persons.
  (5) Except as otherwise provided in this subsection, SHPDA shall issue a certificate of need for the change in effective control no later than 60 days after the date of the initial filing with SHPDA of the notification required under subsection (b)(1) of this section by the Proposed Owner unless SHPDA finds, based upon clear and convincing evidence, the following:
    (A) The Proposed Owner has not filed the notification described in subsection (b)(1) and (2) of this section;
    (B) The Proposed Owner has not participated in the hearing required by subsection (b)(3) of this section;
    (C) The notification is not reasonably consistent with the most current state health plan adopted in final form by SHPDA after April 9, 1997, or with any annual implementation plan for such state health plan;
    (D) The notification is not reasonably consistent with the record of review;
    (E) In the case of an investor-owner Proposed Owner, the mechanisms for local input in policy matters are not reasonable, except that such mechanisms shall not be required to be greater than those imposed upon comparable HCFs subject to CON review;
    (F) The Proposed Owner is not financially sound or does not have the financial and management capability to operate the HCF being acquired; or
    (G) The acquisition costs and projected operational costs would substantially and negatively impact the Proposed Owner’s ability to comply with the certifications required under subsection (b)(2) of this section.
  (6) SHPDA shall notify the Proposed Owner of any deficiency in the notification or of any proposed negative finding. If, by the 60th day, the Proposed Owner has not provided the required notification or addressed SHPDA’s proposed negative findings, SHPDA shall, upon request by the Proposed Owner, provide the Proposed Owner a reasonable opportunity to provide additional information to SHPDA, to participate in the required hearing, or to complete its required notice in order to cure any negative finding. SHPDA shall act upon such additional submission within 15 days. If the Proposed Owner does not respond to the SHPDA notice of deficiency within 6 months of the notification from SHPDA, SHPDA shall close the proceeding. If, following submission by the Proposed Owner, SHPDA finds by clear and convincing evidence that any one or more of these standards is not met, SHPDA shall require that the Proposed Owner obtain a certificate of need in accordance with the provisions of § 44-409 , except that the letter of intent and public hearing requirements shall be waived. If no action is taken by SHPDA within the initial prescribed 60-day time frame, the certificate of need shall be deemed to be issued and approved on the 61st day following the filing of the notification required in subsection (b)(1) of this section. If no action is taken by SHPDA within the additional 15-day time frame provided following an additional submission by the Proposed Owner under subsection (b)(5) of this section, the certificate of need shall be deemed to be issued and approved on the 16th day following the filing of the additional submission under this subsection (b)(5) of this section.
  (7) In granting a certificate of need under this subsection, SHPDA shall impose no application or process requirements, apply any review criteria, or impose any conditions except as provided in subsection (b) of this section.
  (8) The Office of Attorney General for the District of Columbia may seek injunctive relief from a court of competent jurisdiction if it determines that a person is operating an HCF in violation of the certifications made under this subsection.
  (9) The requirements of this subsection shall be effective without adoption by SHPDA of implementing regulations.
(c) Any person proposing to close permanently or to terminate operation of a HCF or health service shall notify the SHPDA of the intention to close or terminate operation no later than 90 days prior to the proposed closing, and obtains its approval, and shall provide the SHPDA with any information that may be requested as established in the rules promulgated to implement the provisions of this chapter. The information shall include, but not be limited to, the reasons for the closure or termination of operation, the number of patients to be affected by the closure, and the provisions being made to provide for their continuing care. When notice of closure of a HCF or health service is received, the SHPDA shall provide assistance for an orderly transition of the patient load to the extent possible, which may include organizing meetings with affected stakeholders and providing planning and technical assistance for possible patient load transition, and, if the notice of closure is approved by SHPDA, continue to assist in the orderly transition by overseeing the placement of patients into new HCFs in a manner that ensures that the health and well-being of the patients is protected.
(d) A conversion or acquiring of effective control, as defined in § 44-401(1) , of a nonprofit HCF shall not be approved by the Attorney General for the District of Columbia unless charitable assets of the HCF have been adequately protected pursuant to the provisions of the Healthcare Entity Conversion Act of 1997.
D.C. Code § 44-2102 — DC Code / Title 44 / Chapter 21 / § 44-2102
§ 44-2102. Expenses of indigent patients — Payment by Treasury Department.
Status: repealed

Repealed.
D.C. Code § 44-2114 — DC Code / Title 44 / Chapter 21 / § 44-2114
§ 44-2114. Mayor authorized to prescribe regulations.
Status: repealed

Repealed.
D.C. Code § 44-208 — DC Code / Title 44 / Chapter 2 / § 44-208
§ 44-208. Quality assurance.
Status: in_force

(a) The Mayor shall operate a laboratory reference system and shall prescribe standards for the examination of specimens.
(b) The Mayor shall adopt rules pursuant to § 44-213 that:
  (1) Prohibit payment to laboratory personnel based upon the number of tests performed; and
  (2) Limit the number of hours that laboratory personnel may work.
(c) The Mayor shall set standards for proficiency testing programs to determine a satisfactory result, a satisfactory level of overall performance, and a substandard level of overall performance.
D.C. Code § 44-1154 — DC Code / Title 44 / Chapter 11A / § 44-1154
§ 44-1154. Information about the ASRH, PSC, or CSC.
Status: repealed

Repealed.
D.C. Code § 44-951.12 — DC Code / Title 44 / Chapter 9A / § 44-951.12
§ 44-951.12. Exemption from taxation.
Status: in_force

The assets and income of the Corporation shall be exempt from taxation by the District government.
D.C. Code § 44-921 — DC Code / Title 44 / Chapter 9 / § 44-921
§ 44-921. Establishment; expenses; revolving fund; audit.
Status: in_force

(a) The Mayor is authorized to establish an enterprise program at St. Elizabeths Hospital to promote the rehabilitation and employment of clients of the Department of Mental Health with the intended purpose of assisting clients of the Department of Mental Health to acquire community work skills in preparation for independent living.
(b) Purchases and sales of merchandise which may be made by clients and the payment of any wages to clients or any other expenses of the program may be paid from funds derived from the day to day operation of the enterprise program but shall not be subject to Unit A of Chapter 3 of Title 2 .
(c) The Mayor, or during a control year as defined in § 47-393 , the Mayor or the Chief Financial Officer, is authorized to establish a revolving fund to be used for the collection and disbursement of funds for any enterprise program established pursuant to this subchapter and shall supervise all collections and disbursements from the fund for the purposes set forth in this subchapter.
(d) Repealed.
D.C. Code § 44-151.09 — DC Code / Title 44 / Chapter 1A / § 44-151.09
§ 44-151.09. Escrow, collection of deposits.
Status: in_force

(a) All continuing care facilities both prior to and after opening shall maintain escrow accounts for the total amount of any entrance fee, or any other fee or deposit that may be applied toward the entrance fee, in the following instances:
  (1) The amounts received if an applicant for residence in a continuing care facility or their guardian provide a deposit with their application prior to the applicant taking up residence in the continuing care facility;
  (2) If an applicant for residence in a continuing care facility or their guardian provide a deposit with their application prior to the construction or occupancy of the facility; and
  (3) If a revocation order for the provider’s license as a continuing care facility is under appeal.
(b) (1) If an escrow account is required by this chapter, a provider shall establish an escrow account with:
    (A) A bank;
    (B) A trust company; or
    (C) Another independent person or entity agreed upon by the provider and the resident, unless such account arrangement is prohibited by law.
  (2) The continuing care services contract shall provide that the total amount of any entrance fee, or any other fee or deposit that may be applied toward the entrance fee, received by the provider be placed in the escrow account. A facility may place a letter of credit, negotiable securities, or a security bond equal to the total amount of any entrance fee or any other fee or deposit in escrow in lieu of any other requirement of this section.
  (3) If the funds are collected prior to the construction or occupancy of the facility, the funds shall be released only as follows:
    (A) The first 25% of escrowed funds may be released when:
      (i) The provider has pre-sold at least 50% of the independent living units, having received a minimum 10% deposit on the pre-sold units;
      (ii) The provider has received a commitment for any permanent mortgage loan or other long-term financing, and any conditions of the commitment prior to disbursement of funds thereunder have been substantially satisfied; and
      (iii) Aggregate entrance fees received or receivable by the provider pursuant to binding continuing care contracts, plus the anticipated proceeds of any first mortgage loan or other long-term financing commitment, are equal to:
        (I) Not less than 90% of the aggregate cost of constructing or purchasing, equipping, and furnishing the facility; and
        (II) Not less than 90% of the funds estimated in the statement of cash flows submitted by the provider as that part of the disclosure statement required by this chapter to be necessary to fund start-up losses and assure full performance of the obligations of the provider pursuant to continuing care contracts.
    (B) The remaining 75% of escrowed funds may be released when:
      (i) (I) The provider has pre-sold a minimum of 75% of the independent living units, having received a minimum 10% deposit on the pre-sold units, or has maintained an independent living unit occupancy of a minimum of 75% for at least 60 days;
        (II) Construction or purchase of the independent living unit has been completed and an occupancy permit, if applicable, has been issued; and
        (III) The living unit becomes available for occupancy by the new resident; or
      (ii) The provider submits a plan of reorganization that is accepted and approved.
(c) If funds are escrowed under subsection (a)(1) or (3) of this section, upon receipt by the escrow agent of a request by the provider for the release of the funds, the escrow agent shall approve release of the funds within 5 working days unless the escrow agent finds that the requirements of subsection (b) of this section have not been met and notifies the provider of the basis for this finding. The request for release of the escrow funds shall be accompanied by any documentation the fiduciary requires.
(d) Release of any escrowed funds that may be due to the subscriber or resident shall occur upon 5 working days’ notice of death, nonacceptance by the facility, or voluntary cancellation. If voluntary cancellation occurs after construction has begun, the refund may be delayed until a new subscriber is obtained for that specific unit; provided, that the period for refund shall not exceed 2 years.
(e) If the provider fails to meet the requirements for release of funds held in the escrow account within a time period the escrow agent considers reasonable, the funds shall be returned by the escrow agent to the persons who have made payment to the provider. The escrow agent shall notify the provider of the length of this time period when the provider requests release of the funds.
(f) Facilities that currently meet the 75% pre-sales or the 75% occupancy requirements, as set forth in subsection (b)(3)(B) of this section, shall not be required to escrow entrance fees, unless otherwise required by the Commissioner.
(g) During any period exceeding 90 days during a calendar year, that the total value of any letter of credit, negotiable securities, or a security bond deposited in an escrow account by a provider pursuant to subsection (b) of this section is less than 5% of the total amount of any entrance fee or any other fee or deposit that may be applied toward the entrance fee received by the provider, the Commissioner may order the provider to:
  (1) Increase the value of any letter of credit, negotiable securities, or a security bond deposited in an escrow account so that the total value of the deposits is equal to all entrance fees or any other fees or deposits that may be applied toward the entrance fee received by the provider;
  (2) Provide substitute deposits in order that the total value in the escrow account is equal to all entrance fees or any other fees or deposits that may be applied toward the entrance fee received by the provider; or
  (3) Deposit in the escrow account an amount of cash equal to all entrance fees or any other fees or deposits that may be applied toward the entrance fee received by the provider.
D.C. Code § 44-801 — DC Code / Title 44 / Chapter 8 / § 44-801
§ 44-801. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Group practice” means a collection of health professionals that provides health-care services.
(2) “Health-care facility or agency” means a facility, agency, or other organizational entity as defined in § 44-501 , or the Fire and Emergency Medical Services Department to the extent that it is operating as a pre-hospital medical care provider.
(3) “Health professional” means a person required to be licensed or permitted to provide health-care services in the District of Columbia under Chapter 12 of Title 3 . The term “health professional” also includes employees of the Fire and Emergency Medical Services Department who provide emergency medical services in accordance with approved medical protocols or under the direction of a physician licensed in accordance with Chapter 12 of Title 3 .
(4) “Health professional association” means a membership organization of health professionals in the District of Columbia having as a purpose the maintenance of high professional standards within the profession practiced by its members.
(5) “Peer review” means the procedure by which health-care facilities and agencies, group practices, and health professional associations monitor, evaluate, and take actions to improve the delivery, quality, and efficiency of services within their respective facilities, agencies, and professions, including recommendations, consideration of recommendations, actions with regard thereto, and implementation of the actions. The term “peer review” includes, but is not limited to, the following:
  (A) Matters affecting membership of a health professional on the staff of a health-care facility or agency;
  (B) The grant, delineation, renewal, denial, modification, limitation, or suspension of clinical privileges to provide health-care services at a health-care facility or agency;
  (C) Matters affecting employment and the terms of employment of a health professional by a health-care facility, agency, or group practice;
  (D) Matters affecting membership and terms of membership in a health professional association, including decisions to suspend membership privileges, expel from membership, reprimand or censure a member, or other disciplinary actions;
  (E) Review of the qualifications, activities, conduct, or performance of any health professional, including a grievance against a health professional;
  (F) Review of the quality, efficiency, or utilization of services provided by a health professional, a health-care facility, agency, or group practice; and
  (G) Review of a health professional’s ability to perform, including allegations of mental or physical impairment, and imposition of programs of education, treatment, or rehabilitation, including monitoring and supervision, or conduct of programs of education.
(6) “Peer review body” means a committee, board, hearing panel or officer, reviewing panel or officer or governing board of a health-care facility or agency, group practice or health professional association that engages in peer review, the health-care facility, agency, group practice or health professional association which establishes or authorizes or is governed by it, and a director, officer, employee, or member of such an entity.
(7) “Primary health record” means the record of continuing care maintained by a health professional, group practice, or health-care facility or agency containing all diagnostic and therapeutic services rendered to an individual patient by that health professional, facility, or agency.
D.C. Code § 44-1916 — DC Code / Title 44 / Chapter 19 / § 44-1916
§ 44-1916. Rules of procedure; meetings; public budget hearings.
Status: repealed

Repealed.
D.C. Code § 44-708 — DC Code / Title 44 / Chapter 7 / § 44-708
§ 44-708. Benefits in lieu of salary for certain workers in District facilities.
Status: in_force

Notwithstanding any other provision of law, the Mayor of the District of Columbia is authorized to furnish, pursuant to regulations prescribed by the Council of the District of Columbia, subsistence, living quarters, and laundry in lieu of salary to persons authorized by the Mayor to work in facilities of the government of the District of Columbia for the purposes of securing training and experience in their future vocations.
D.C. Code § 44-1708 — DC Code / Title 44 / Chapter 17 / § 44-1708
§ 44-1708. Compensation for telephone solicitation prohibited.
Status: in_force

No person shall for pecuniary compensation or consideration conduct or make any solicitation by telephone for or on behalf of any actual or purported charitable use, purpose, association, corporation, or institution.
D.C. Code § 44-1102.05 — DC Code / Title 44 / Chapter 11 / § 44-1102.05
§ 44-1102.05. Powers of the Corporation.
Status: repealed

Repealed.
D.C. Code § 44-671.01 — DC Code / Title 44 / Chapter 6B / § 44-671.01
§ 44-671.01. Definitions.
Status: in_force

(a) For the purposes of this chapter , the term:
  (1) "Covered Hospital" means a hospital, as defined in § 44-501(a)(9) , except the term shall not include:
    (A) A hospital operated by the federal government;
    (B) A specialty hospital, as defined by the State Plan;
    (C) A hospital that is reimbursed under a specialty hospital reimbursement methodology under the State Plan; or
    (D) A hospital that serves an economically underserved area, as defined in the State Plan or by the Department in a managed care directed payment plan.
  (2) "Department" means the Department of Health Care Finance.
  (3) "Medicaid" means the medical assistance programs authorized by Title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396 et seq .) and by § 1-307.02 , and administered by the Department.
  (4) "State Plan" means the District of Columbia Medicaid State Plan.
D.C. Code § 44-1812 — DC Code / Title 44 / Chapter 18 / § 44-1812
§ 44-1812. Violations.
Status: repealed

Repealed.
D.C. Code § 44-103.05 — DC Code / Title 44 / Chapter 1 / § 44-103.05
§ 44-103.05. Changes in licensee.
Status: in_force

(a) The following changes occurring within an ALR shall require revision of the license:
  (1) Change in the maximum number of residents for which the facility is licensed;
  (2) Name change of the ALR;
  (3) Change in ownership of the ALR;
  (4) Change in location of the ALR; or
  (5) Voluntary closure of the ALR.
(b) A request for changes which requires the reissuance of a license shall be made in writing to the Mayor at least 60 days in advance of the effectiveness of the changes. An application fee, as established by the Mayor, shall accompany a request for changes.
(c) (1) The licensee shall notify residents and their surrogates of any proposed changes set forth in its request for changes, in writing, 60 days before the effective date of the proposed changes.
  (2) A licensee shall include the following information in its request for changes:
    (A) The method for informing residents and their surrogates of its intent to make the requested changes; and
    (B) The actions the licensee shall take to assist residents in securing comparable housing, if necessary.
(d) (1) Whenever there is a change of ownership, sale, assignment, or other transfer of an ALR from the person or organization named on the license to another person or organization, the transferee shall apply for a new license.
  (2) A transferee shall apply for a new license at least 60 days before the final transfer.
  (3) The licensee named under the current license shall remain responsible for the operation of the ALR until a new license is issued to the transferee.
  (4) The Mayor shall issue a new license to the transferee if the transferee meets the requirements for licensure under this chapter. Upon issuance of the new license to the transferee, the transferor shall return its license to the Mayor by certified mail.
D.C. Code § 44-951.18 — DC Code / Title 44 / Chapter 9A / § 44-951.18
§ 44-951.18. Authority of the Chief Financial Officer.
Status: in_force

The Chief Financial Officer of the District of Columbia shall exercise authority over the Corporation consistent with §§ 1-204.24a through 1-204.24f .
D.C. Code § 44-762 — DC Code / Title 44 / Chapter 7 / § 44-762
§ 44-762. Rules.
Status: in_force

The Mayor shall, pursuant to Chapter 5 of Title 2 , issue rules to implement the provisions of this subchapter .
D.C. Code § 44-661.04 — DC Code / Title 44 / Chapter 6A / § 44-661.04
§ 44-661.04. Applicability of fees. [Expired.].
Status: repealed

Expired.
D.C. Code § 44-210 — DC Code / Title 44 / Chapter 2 / § 44-210
§ 44-210. Cytology screening.
Status: in_force

The Mayor shall adopt rules pursuant to § 44-213 that:
(1) Limit the number of slides a cytotechnologist may examine to no more than 100 in a 24-hour period, irrespective of the site or clinical laboratory;
(2) Prohibit cytotechnologists from examining slides at any building not owned or used by a licensed clinical laboratory;
(3) Require clinical laboratories to rescreen no less than 10% of all negative pap smears, and require that pap smear rescreening be performed by a supervisory level cytotechnologist;
(4) Require clinical laboratories rescreen all negative noncervical smears, and require that noncervical smear rescreening be performed by a supervisory level pathologist;
(5) Require clinical laboratories to reject improperly prepared smear specimens, make appropriate comments regarding the quality of the specimen, and maintain records on improperly prepared specimens for 5 years subject to review by the Mayor;
(6) Require clinical laboratories to maintain and store for 5 years from the date of examination any smear slide that was examined for disease or disease agents; and
(7) Require all smear specimen reports to be retained for at least 10 years.
D.C. Code § 44-1051.08 — DC Code / Title 44 / Chapter 10A / § 44-1051.08
§ 44-1051.08. Provisional and restricted licenses.
Status: in_force

(a) As an alternative to denial, suspension, revocation, or non-renewal of a license, the Department may:
  (1) Issue a provisional license if the nurse staffing agency is taking appropriate ameliorative action in accordance with a mutually-agreed-upon timetable; or
  (2) Issue a restricted license that prohibits the nurse staffing agency from accepting new clients or delivering certain specified services.
(b) The Department may issue a provisional license to a new nurse staffing agency to afford the Department time to compile and evaluate evidence pertaining to whether the new agency is capable of complying with the provisions of this chapter, regulations promulgated pursuant to this chapter, and other applicable law.
(c) A provisional license may be issued for a period not exceeding 90 days, and may be renewed not more than once.
D.C. Code § 44-108.05 — DC Code / Title 44 / Chapter 1 / § 44-108.05
§ 44-108.05. Emergency placement.
Status: in_force

A resident admitted as an emergency placement, not to exceed 14 days, must comply with admission, physical examination, and assessment requirements of this chapter.
D.C. Code § 44-707 — DC Code / Title 44 / Chapter 7 / § 44-707
§ 44-707. Stipends for patients and certain resident employees.
Status: in_force

The Mayor of the District of Columbia is authorized, pursuant to regulations prescribed by the Council of the District of Columbia, to provide for the payment of stipends to patients and residents employed in institutions of or under programs sponsored by the government of the District of Columbia as an aid to their rehabilitation or for training purposes. Nothing contained herein shall be construed as conferring employee status on any person covered by this section.
D.C. Code § 44-301.08 — DC Code / Title 44 / Chapter 3 / § 44-301.08
§ 44-301.08. Certification and general requirements for independent review organizations.
Status: in_force

(a) Each independent review organization selected by the Director to review external appeals must be certified every 2 years by the Director.
(b) The Director shall be responsible for developing, applying, and enforcing certification standards for independent review organizations. These standards shall ensure that an independent review organization:
  (1) Properly maintains a policy involving the review of the appeal in strict confidence pursuant to rules established by the Director and performs reviews at a level of confidentiality equal to or stricter than the standards of confidentiality that are required of the treating health professionals for the treatment being reviewed;
  (2) Uses only qualified professional and medical reviewers in any review who do not have conflicts of interest with the patient, the treating health care professional, or the health insurer;
  (3) Demonstrates an ability to render decisions in an equitable and timely manner and consistent with this chapter; and
  (4) Is accredited by a nationally recognized private accrediting organization.
(c) An independent review organization may not be a subsidiary of, or in any way owned or controlled by a health benefits plan, insurer, or trade association of health care providers.
(d) The Director shall develop an application form for certifying an independent review organization that contains a description of the organization, including names, biographical sketches of all directors, officers, and executives of the organization.
(e) The independent review organization shall submit to the Director the following information, for purposes of creating a file of public records, upon initial application for certification, and thereafter upon any change to any of this information:
  (1) The names of all stockholders and owners of more than 5% of any stock or options, if it is a publicly held organization;
  (2) The names of all holders of bonds or notes in excess of $100,000 if any;
  (3) The names of all corporations and organizations that the independent review organization controls or is affiliated with and the nature and extent of any ownership or control, including the affiliated organization’s type of business; and
  (4) The names of all directors, officers, and executives of the independent organization, as well as a statement regarding any relationships the directors, officers, and executives may have with any health care plan, disability insurer, managed care organization, health or mental health professional group or board or committee.
(f) (1) The independent review organization shall not have any material professional, familial, or financial conflict of interest with any of the following:
    (A) The insurer;
    (B) Any officer, director, or management employee of the insurer;
    (C) The physician, the physician’s medical group, or the independent practice association or the treating provider proposing the service or treatment;
    (D) The facility or institution at which the service or treatment would be provided;
    (E) The development or manufacture of the principal drug, device, procedure, or other therapy proposed for the member whose treatment is under review;
    (F) The claimant and any related parties to the claimant whose treatment is the subject of the external review; and
    (G) The plan administration, plan fiduciaries, or plan employees.
  (2) Repealed.
(g) The independent review organization shall have a quality assurance mechanism in place that ensures the timeliness and quality of the reviews, the qualifications and independence of the experts, and the confidentiality of medical records and review materials.
(h) Neither an independent review organization nor an individual working for an external review panel pursuant to this chapter shall be held liable for any recommendation presented by the independent review organization, except in cases of gross negligence, recklessness, or intentional misconduct.
(i) An insurer, bound by the decision of the independent review entity, shall not be liable for following such decision.  A determination by the independent review entity in favor of the insurer shall create a rebuttal presumption in any subsequent action at law that the insurer’s coverage determination was appropriate.
(j) The Director shall, from time to time, enter into contracts with as many independent review organizations as the Director deems necessary to conduct the external appeals. The contracts shall set forth all terms which the Director deems necessary to ensure a member’s right of appeal, including an assessment of separate costs to the insurer for the independent review organization review.
(k) As part of the contract process set forth in subsection (j) of this section, all independent review organizations shall submit to the Director and shall maintain a current list identifying all insurers, health care facilities, and other health care providers with whom the independent review organization maintains any health related business arrangements. The list shall include a brief description of the nature of any such arrangement.
(l) Upon  receipt of any request for an external appeal, the Director shall assign that appeal to one of the approved independent review organizations on a random basis.  The Director may reserve the right to deny any assignment to any independent review organization if the Director determines that making an assignment would result in a conflict of interest or would otherwise create an appearance of impropriety.
(m) The terms and conditions of a contract entered into pursuant to subsection (j) of this section shall provide that the reasonable direct costs of the external review process, not including costs of representation of a member, shall be paid by the insurer.
(n) (1) An independent review organization assigned pursuant to this chapter to conduct an external review shall maintain written records on all requests for which it conducted an external review during a calendar year.
  (2) Each independent review organization shall submit to the Director, upon request, a report on all requests for external reviews.
  (3) The report shall include, at minimum:
    (A) The total number of requests for external review;
    (B) The number of requests for external review resolved and, of those resolved, the number resolved upholding the adverse determination or final adverse determination and the number resolved reversing the adverse determination or final adverse determination;
    (C) The average length of time for resolution;
    (D) A summary of the types of coverages or cases for which an external review was sought, provided in the format required by the Director; and
    (E) The number of external reviews that were terminated as the result of a reconsideration by the health carrier of its adverse determination or final adverse determination after the receipt of additional information from the covered person or the covered person’s authorized representative.
  (4) The independent review organization shall retain the written records required pursuant to this subsection for at least 3 years.
D.C. Code § 44-704 — DC Code / Title 44 / Chapter 7 / § 44-704
§ 44-704. Standards of indigency; emergency and semi-indigent patients.
Status: in_force

The Council of the District of Columbia shall establish from time to time reasonable standards of indigency for admission of patients to municipal hospitals of the District of Columbia; provided, that emergency and semi-indigent patients may be admitted to the general ward and tuberculosis ward of District of Columbia General Hospital on a full- or part-pay basis at such rates and under such regulations as may be established by the Council insofar as such admissions will not interfere with the admission of indigent patients; provided further, that the Mayor of the District of Columbia may enter into agreements with the States of Maryland and Virginia, or the political subdivisions thereof, for the care and treatment in such municipal hospitals of emergency patients who are indigent residents of such States or political subdivisions.
D.C. Code § 44-301.09 — DC Code / Title 44 / Chapter 3 / § 44-301.09
§ 44-301.09. Assessment of insurers.
Status: in_force

(a) The Mayor shall assess all insurers to cover all the costs of administering this chapter. The Mayor shall promulgate regulations to determine the assessment formula.
(b) (1) There is established as a special fund the Adverse Health Benefit Decision Grievance Fund ("Fund"), which shall be administered by the Mayor in accordance with paragraph (3) of this subsection.
  (2) Payments of the assessments imposed pursuant to subsection (a) of this section shall be deposited in the Fund.
  (3) Money in the Fund shall be used to pay the costs of administering this chapter .
  (4) Any money remaining available in the Fund at the end of a fiscal year, as determined by the Chief Financial Officer in the fiscal year-end close, shall be transferred to the unassigned fund balance of the General Fund of the District of Columbia as part of the fiscal year-end close.
D.C. Code § 44-533.04 — DC Code / Title 44 / Chapter 5 / § 44-533.04
§ 44-533.04. Pre-operative requirements.
Status: in_force

(a) A current statement in writing indicating informed consent and a signed authorization by the patient for the performance of a surgical procedure shall be procured and shall form a part of the patient's medical record.
(b) Appropriate medical history shall be obtained and the physical examination shall be sufficient to determine the state of health of the patient prior to performance of the surgical procedure.
(c) Appropriate current laboratory tests shall be performed on patients in accordance with standard medical practice.
(d) Written policies and procedures for coordination or referral from various sources, including transmittal of appropriate patient records, shall be established by the Medical Director and adhered to by all members of the staff.
D.C. Code § 44-1303 — DC Code / Title 44 / Chapter 13 / § 44-1303
§ 44-1303. Exchange; sale and use of School site; acquisition of new site and buildings.
Status: in_force

The Secretary of the Navy is hereby authorized and empowered to convey to the District of Columbia, free from all encumbrances and without costs to the District of Columbia, all right, title, and interest of the United States of America to that portion of the Naval Observatory grounds, with the improvements thereon, lying outside of Naval Observatory Circle and east of Massachusetts Avenue Northwest, Washington, District of Columbia, containing fourteen and four hundred and forty-nine one-thousandths acres, more or less, and also that other portion lying outside of the adjoining said Naval Observatory Circle on the south, containing one and seven hundred and six one-thousandths acres, more or less, in consideration of which the Mayor of the District of Columbia is authorized and empowered to convey to the United States of America, free from all encumbrances and without cost to the United States of America, all right, title, and interest of the District of Columbia to that portion of the Industrial Home School site, with the improvements thereon, lying within said Naval Observatory Circle, containing approximately six and seventy-six one-hundredths acres; provided, that the said Mayor is further authorized and empowered on behalf of the District of Columbia to utilize or sell, as he sees fit, all of that remaining portion of the said Industrial Home School site with the improvements thereon lying outside of the said Observatory (1,000-foot radius) Circle, and also all of the land and improvements thereon east of Massachusetts Avenue and south of said Naval Observatory Circle, hereunder authorized to be acquired from the United States of America; provided further, that if utilized the land shall be used for school, playground or highway purposes or transferred to the Director of the National Park Service to become part of the park system of the District of Columbia; provided further, that all of the proceeds from the sale of the aforesaid Industrial Home School property and one-half of the proceeds from the sale of any of said lands mentioned as lying east of Massachusetts Avenue and south of said Naval Observatory Circle shall be deposited in the Treasury of the United States to the credit of the District of Columbia and made available for the purchase of a site and the erection thereon of suitable buildings for a new Industrial Home School; provided further, that the remaining half of the proceeds from the sale of any of said land lying east of Massachusetts Avenue and south of said Naval Observatory Circle shall be deposited in the Treasury of the United States to the credit of the Naval Observatory: And provided further, that the said Mayor of the District of Columbia shall be permitted to continue to use all of the Industrial Home School property herein mentioned until such time as it may have acquired another site and constructed suitable buildings thereon in which to house the inmates of said Industrial Home School. The Secretary of the Navy, on behalf of the United States, and the Mayor, on behalf of the District of Columbia, are hereby authorized to execute and deliver all instruments necessary to accomplish the aforesaid purposes.
D.C. Code § 44-781 — DC Code / Title 44 / Chapter 7 / § 44-781
§ 44-781. Admission of pay patients to Glenn Dale Hospital.
Status: repealed

Repealed.
D.C. Code § 44-1505 — DC Code / Title 44 / Chapter 15 / § 44-1505
§ 44-1505. Police to arrest law violators at request of member; evidence of membership.
Status: in_force

Members of the Metropolitan Police force of the District of Columbia, upon application of a member of the Washington Humane Society who has viewed a violation of a law or regulation of the District for the prevention of cruelty to animals, shall arrest the offending party without a warrant, and take him before the Superior Court of the District of Columbia for trial. Proper evidence of membership to a police officer shall be the exhibition of a badge or certificate of membership in the Society.
D.C. Code § 44-105.09 — DC Code / Title 44 / Chapter 1 / § 44-105.09
§ 44-105.09. Abuse, neglect, and exploitation.
Status: in_force

(a) An ALR shall develop and implement policies and procedures prohibiting abuse, neglect, and exploitation of residents.
(b) (1) An ALR, employee of an ALR, or other person who believes that a resident has been subjected to abuse, neglect, or exploitation shall report the alleged abuse, neglect, or exploitation immediately to the assisted living administrator who shall take appropriate action to protect the resident. The ALR shall report any allegation of abuse, neglect, or exploitation brought to its attention to the Mayor and the Adult Protective Services Program, administered by the Family Services Administration of the Department of Human Development.
  (2) An ALR or employee of an ALR may be subject to a penalty imposed by the  Mayor for failure to report an alleged incident of abuse, neglect, or  exploitation pursuant to Chapter 19 of Title 7 .
  (3) An ALR shall thoroughly investigate any allegation of abuse, neglect, or  exploitation and shall take appropriate action to prevent further incidents.  The ALR shall report the results of its investigation and actions taken, if  any, to the Mayor.
(c) An ALR shall post signs that set forth the reporting requirement of this section conspicuously in the employee and public areas of the ALR.