D.C. Code § 44-151.02 — DC Code / Title 44 / Chapter 1A / § 44-151.02
§ 44-151.02. License.
Status: in_force

(a) No provider shall engage in the business of offering or providing continuing care in the District without a license from the Department of Insurance, Securities, and Banking indicating that the provider meets the financial requirements under this chapter for engaging in the business of providing continuing care services.
(b) No provider shall be licensed by the Department of Insurance, Securities, and Banking unless the applicant demonstrates to the satisfaction of the Commissioner that it has:
  (1) A business plan that reasonably demonstrates that it shall be able financially to provide the services that it contracts to provide;
  (2) Sufficient capitalization and predictable cash flow to carry out its business plan; and
  (3) Experienced managers and qualified financial experts associated with the organization who are capable of ensuring the proper operation of the facility.
(c) Each provider shall file with the Commissioner an application for a license on forms prescribed by rule and within a period of time prescribed by rule. The application shall include the disclosure statement meeting the requirements of this chapter and other financial and facility development information required by the rule. The application for a license shall be accompanied by an application fee established by rule.
(d) Upon receipt of the complete application for a license in proper form, 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.
(e) If the Commissioner determines that any of the requirements of this chapter have not been met, the Commissioner shall notify the applicant of any defects in the application and the applicant shall have 30 days in which to correct the application. If the requirements are not met within the time allowed, the Commissioner may enter an order rejecting the application, which order shall include the findings of fact upon which the order is based and which shall not become effective until 20 days after the end of the 30-day period. During the 20-day period, the applicant may petition for reconsideration of the application and shall be entitled to a hearing.
(f) The provider shall provide to the Commissioner the report of an actuary that:
  (1) Estimates the capacity of the provider to meet its contractual obligation to the residents; or
  (2) Gives consideration to expected rates of mortality and morbidity, expected refunds, and expected capital expenditures in accordance with standards promulgated by the American Academy of Actuaries, within a 5-year forecast period.
(g) Any license issued pursuant to this section for a provider of continuing care services shall be issued as a Financial Services endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47 .
(h) Nothing in this chapter shall require the Commissioner to review the disclosure statement and the issuance of a license under this chapter shall not constitute an approval of the disclosure statement or of any of the statements therein.
D.C. Code § 44-1051.12 — DC Code / Title 44 / Chapter 10A / § 44-1051.12
§ 44-1051.12. Verification of credentials of aides.
Status: in_force

Before initially providing a Home Health Aide or a Personal Care Aide to a health care facility or agency for the purpose of rendering temporary home health or personal care aide personnel within the District of Columbia, a nurse staffing agency shall verify and document that the individual Home Health Aide or Personal Care Aide provided has received the necessary education and training for that position, as required by law.
D.C. Code § 44-111.01 — DC Code / Title 44 / Chapter 1 / § 44-111.01
§ 44-111.01. Insurance for Assisted Living Residences.
Status: in_force

(a) Each ALR shall carry insurance for at least the following:
  (1) Hazards (fire and extended coverage) in the amount of $500.00 per resident to protect belongings with a minimum of $2,000 of coverage per facility;
  (2) Premises, personal injury, and products liability at least in the following amounts:
    (A) For one to 2 beds, $100,000 per occurrence;
    (B) For 3 to 9 beds, $300,000 per occurrence; and
    (C) For 10 or more beds, $500,000 per occurrence; and
  (3) Incidental malpractice coverage specific to the duties required of an ALA manager or any staff member in the amount of at least $100,000.
(b) If an ALR is not owned by the operator or manager, the operator or manager shall obtain proof of the owner’s premises liability coverage, such as a certificate of standard landlord coverage, or shall place the owner on the operator’s or manager’s policy as an additional named insured.
D.C. Code § 44-712 — DC Code / Title 44 / Chapter 7 / § 44-712
§ 44-712. Terms of Congressmen as trustees or directors of certain corporations or institutions.
Status: in_force

In all cases where Members of Congress or Senators are appointed to represent Congress on any board of trustees or board of directors of any corporation or institution to which Congress makes any appropriation, the term of said Members or Senators, as such trustee or director, shall continue until the expiration of 2 months after the 1st meeting of the Congress chosen next after their appointment.
D.C. Code § 44-233 — DC Code / Title 44 / Chapter 2A / § 44-233
§ 44-233. AED use and tort immunity.
Status: recodified

Recodified as § 7-2371.03 .
D.C. Code § 44-607 — DC Code / Title 44 / Chapter 6 / § 44-607
§ 44-607. Declaratory judgment.
Status: in_force

A for-profit entity or healthcare entity that has participated in the review process may bring an action for declaratory judgment against the decision of the Attorney General for the District of Columbia and may appeal the decision to the Superior Court according to the standards set forth in § 2-510 .
D.C. Code § 44-110.08 — DC Code / Title 44 / Chapter 1 / § 44-110.08
§ 44-110.08. Bedrooms.
Status: in_force

(a) An ALR located in an existing building shall ensure that bedrooms provide at least 70 square feet of habitable space for single occupancy resident units and 100 square feet of habitable space in double occupancy resident units. Each bedroom shall have adequate dresser and closet or wardrobe space for residents’ seasonal clothing and personal belongings. A secure storage space in a resident’s unit shall be made available if requested by the resident.
(b) Any ALR located in a building newly constructed or renovated after June 24, 2000 shall ensure that bedrooms provide at least 80 sq. ft. of habitable space for single occupancy and 120 sq. ft. of habitable space for double occupancy.
(c) An ALR shall ensure that each resident has an adult size bed with clean comfortable mattress and extra linens. Additional furnishings, such as night stand, desk, chair, mirror, waste basket, etc., shall be made available, subject to residents wishes and tastes. Beds in double occupancy bedrooms must be at least 3 feet apart. Residents may choose to provide their own furnishings after being made aware of the furnishings that the facility is required to provide. All furnishings must meet the Fire Safety Code and be maintained in good repair.
D.C. Code § 44-103.04 — DC Code / Title 44 / Chapter 1 / § 44-103.04
§ 44-103.04. Renewal of ALR license.
Status: in_force

(a) An ALR license shall be renewed every 12 months.
(b) Applications for renewal of a license shall be made in writing on a form or forms prescribed by the Mayor at least 60 days prior to the expiration of the license. The Mayor shall renew a license after receiving an application containing the information required by § 44-103.02(d) and completion of an inspection of the premises, if the Mayor finds that the application meets the requirements of this chapter.
(c) The Mayor shall issue the renewal license prior to the expiration date of the existing license if the applicant submits an application for renewal within 90 to 60 days prior to the expiration of the license and the Mayor finds that the application meets the requirements of this chapter.
(d) An applicant for renewal shall pay a renewal fee as determined by the Mayor. The fee shall cover the costs involved in processing the renewal applications and conducting inspections of the premises.
(e) Based on information provided to the Mayor and by the on-site inspection, the Mayor shall:
  (1) Renew the license for 12 months;
  (2) Issue a provisional license for up to 12 months if the ALR is not in full compliance with the regulations but, in the opinion of the Mayor, the noncompliance does not constitute an immediate safety or health hazard and the licensee has submitted to the Mayor an acceptable plan of correction with specific time frames; or
  (3) Suspend or revoke the license as specified in § 44-104.01 .
D.C. Code § 44-716 — DC Code / Title 44 / Chapter 7 / § 44-716
§ 44-716. Home for Aged and Infirm — Sale of surplus products.
Status: in_force

The Mayor is authorized, under such regulations as the Council of the District of Columbia may prescribe, to sell the surplus products of the Home for the Aged and Infirm. All moneys derived from such sales 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 § 44-663.08 — DC Code / Title 44 / Chapter 6A / § 44-663.08
§ 44-663.08. Rules.
Status: in_force

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 , may issue rules to implement the provisions of this subchapter .
D.C. Code § 44-1051.09 — DC Code / Title 44 / Chapter 10A / § 44-1051.09
§ 44-1051.09. Publication of license status.
Status: in_force

The Department may make available to the public a roster of all nurse staffing agencies that are or have been licensed by it. The information published may include the name, address, and telephone number of the agency, as well as the agency’s current licensure status.
D.C. Code § 44-1942 — DC Code / Title 44 / Chapter 19 / § 44-1942
§ 44-1942. Establishment of D.C. General Hospital Fund; deposit and transfer of monies; billing receipts; capital debt service; federal provisions not affected.
Status: repealed

Repealed.
D.C. Code § 44-665.13 — DC Code / Title 44 / Chapter 6A / § 44-665.13
§ 44-665.13. Outpatient hospital directed payment provider fee.
Status: in_force

(a) The District may charge each hospital a fee based on its outpatient gross patient revenue. The fee shall be charged at a uniform rate among all hospitals. The rate of the fee shall be established by the Department and generate an amount equal to:
  (1) The non-federal share of the quarterly outpatient hospital directed payment, consistent with the applicable State directed payment preprint approved by the Centers for Medicare and Medicaid Services; and
  (2) The District retention.
(b) If the Department calculates the fee under subsection (a) based in part on the outpatient gross patient revenue of a new hospital that has not yet filed its first Hospital and Hospital Health Care Complex Cost Report ("Form CMS-2552-10"), the Department shall, after the hospital files its first Form CMS-2552-10:
  (1) Adjust the fee retroactively based on the outpatient gross patient revenue of the new hospital using the calculation provided by § 44-665.11(7)(A)
  (2) Bill the new hospital for any difference in amount owed, if any; and
  (3) Retroactively adjust the fees charged to all other hospitals to account for the change in the new hospital's fee obligations.
(c) (1) Except as provided in paragraph (2) of this subsection, the following hospitals shall be exempt from the fee imposed under subsection (a) of this subsection:
    (A) A psychiatric hospital that is an agency or a unit of the District government;
    (B) Howard University Hospital.
  (2) If an exemption provided to a hospital by paragraph (1) of this subsection is not approved for a provider tax waiver from the Centers for Medicare and Medicaid Services (if such waiver is determined to be necessary), the hospital shall be subject to the fee imposed under subsection (a) of this section.
D.C. Code § 44-1003.04 — DC Code / Title 44 / Chapter 10 / § 44-1003.04
§ 44-1003.04. Discussion and counseling.
Status: in_force

Before a resident is voluntarily or involuntarily discharged, transferred to another facility, or relocated within a facility, a facility representative shall discuss the reasons for the move with the resident and his or her representative and shall answer any questions they must have about the move or the written notice they received pursuant to § 44-1003.02(a) . The contents of this discussion shall be summarized in writing, include the names of the individuals involved in the discussion, and be made a part of the resident’s clinical record. In addition, the facility representative shall strongly recommend and offer to provide counseling services to the resident and his or her representative before the move. If the resident has requested a hearing pursuant to § 44-1003.03(a) , facility staff shall attempt to prepare the resident for the possibility of having to move on 3-day (for an intra-facility relocation) or 5-day (for a discharge or transfer to another facility) notice should the hearing decision not be in his or her favor.
D.C. Code § 44-1201 — DC Code / Title 44 / Chapter 12 / § 44-1201
§ 44-1201. Definitions.
Status: in_force

(1) “District” means the District of Columbia.
(2) “Drug” means any of the controlled substances enumerated in § 48-902.04 , 48-902.06, 48-902.08, 48-902.10, or 48-902.12.
(3) “Mayor” means the Mayor of the District of Columbia.
(4) “Qualified health professional” means a person licensed to practice in the District as a physician, psychiatrist, registered nurse, or independent clinical social worker, pursuant to Chapter 12 of Title 3 .
(5) “Resident” means any person who lives in the District voluntarily and not for a temporary purpose and has no intention of presently removing himself or herself from the District. Temporary absence from the District, with subsequent returns to the District, or intent to return when the purposes of the absence have been accomplished shall not interrupt continuity of residence. For the purposes of this chapter, residency shall not depend upon the reason that the individual entered the District except that it may bear on whether he or she is in the District for a temporary purpose.
(6) “Substance abuse” means a pattern of pathological use of a drug or alcohol that causes impairment in social or occupational functioning or produces physiological dependency evidenced by physical tolerance or physical symptoms when the drug or alcohol is not used.
(7) “Treatment facility” means the substance abuse treatment facility established pursuant to § 44-1203 .
D.C. Code § 44-1003.08 — DC Code / Title 44 / Chapter 10 / § 44-1003.08
§ 44-1003.08. Emergency transfer or discharge by Mayor.
Status: in_force

(a) Whenever the immediate transfer or discharge of 1 or more residents is required by an emergency pursuant to § 44-1003.05(a)(5) , the Mayor shall notify the licensee or administrator of the facility and any resident(s) to be removed that an emergency has been found to exist and that removal is ordered. In addition, whenever practicable the Mayor shall involve the resident(s) in the removal planning.
(b) Following emergency removal, the Mayor shall provide the licensee or administrator of the facility, each resident removed, and each removed resident’s representative with a written notice stating the basis for the finding of an emergency and informing them of their right to contest the removal under § 44-1003.09 .
D.C. Code § 44-535.02 — DC Code / Title 44 / Chapter 5 / § 44-535.02
§ 44-535.02. Prohibitions.
Status: in_force

(a) No surgical procedure requiring general anesthesia shall be performed in a center except under the immediate medical direction of a physician licensed to practice the healing art in the District of Columbia and who is a qualified anesthesiologist.
(b) If a center knows, or reasonably should know, that any patient was referred to it by a referral services which charged a fee for such referral, the facility shall immediately report all pertinent facts of such alleged referral to the Corporation Counsel of the District of Columbia.
(c) "Fee-splitting", or the sharing of a fee between any physician, person, agency, or clinic, for any charge, services or referral by or with an ambulatory treatment center shall be prohibited.
D.C. Code § 44-601 — DC Code / Title 44 / Chapter 6 / § 44-601
§ 44-601. Findings.
Status: in_force

The Council finds and declares the following:
(1) Charitable healthcare entities hold all their assets in trust, and those assets are irrevocably dedicated, as a condition of their tax-exempt status, to the specific charitable purposes set forth in the articles of incorporation of the entities.
(2) The public is the beneficiary of that trust.
(3) Healthcare entities have a substantial and beneficial effect on the quality of life of the people of the District of Columbia, providing as part of their charitable mission a large list of services to low-income families and the poor, elderly, and people with disabilities.
(4) Transfers of the assets of healthcare entities, such as by sale, joint venture, or other sharing of assets, to for-profit entities directly affect the charitable uses of those assets and may adversely affect the public as the beneficiary of the charitable assets.
(5) The Attorney General for the District of Columbia is entrusted by common law to bring actions on behalf of the public in the event of a breach of the charitable trust of a healthcare entity and to represent the public in the sale or other transfer of the assets of a healthcare entity.
(6) It is in the best interest of the public to ensure that the public interest is fully protected whenever the assets or operations of a healthcare entity are transferred, directly or indirectly, from a charitable trust to a for-profit or mutual benefit entity.
(7) The approval by the Attorney General for the District of Columbia of any transfer of assets or operations is necessary to ensure the protection of these trusts.
D.C. Code § 44-657 — DC Code / Title 44 / Chapter 6A / § 44-657
§ 44-657. Multi-hospital systems, closure, merger, and new hospitals.
Status: repealed

Expired.
D.C. Code § 44-1101.01 — DC Code / Title 44 / Chapter 11 / § 44-1101.01
§ 44-1101.01. Continuation of rules and regulations.
Status: repealed

Repealed.
D.C. Code § 44-2018 — DC Code / Title 44 / Chapter 20 / § 44-2018
§ 44-2018. Annual report.
Status: repealed

Repealed.
D.C. Code § 44-104.02 — DC Code / Title 44 / Chapter 1 / § 44-104.02
§ 44-104.02. Civil Penalties.
Status: in_force

(a) The Mayor may impose one or more of the civil penalties authorized under § 44-509 against persons who:
  (1) Maintain or operate an unlicensed ALR; or
  (2) Otherwise violate provisions of this chapter.
(b) Notwithstanding any other provision of law, penalties authorized under § 44-509 shall not be imposed by the Mayor unless a violation, cited during an inspection:
  (1) Is within the control of the ALR; and
  (2) Poses an immediate or serious and continuing danger to the health,  safety, welfare, or rights of residents.
(c) If during a follow-up inspection the Mayor determines that violations within the control of the facility which were cited in an immediately prior inspection have not been corrected or have recurred, the Mayor may impose penalties authorized under § 44-509
(d) Appeals under this section may be taken pursuant to subchapter XII of this chapter .
D.C. Code § 44-1401 — DC Code / Title 44 / Chapter 14 / § 44-1401
§ 44-1401. Authority to acquire site and erect buildings; title to, and jurisdiction over, land.
Status: in_force

The Mayor of the District of Columbia is authorized and directed to acquire a site for a home and school for persons with intellectual disabilities, said site to be located in the District of Columbia or in the State of Maryland or in the State of Virginia, and to erect thereon suitable buildings for a home and school persons with intellectual disabilities. The title to said land is to be taken directly to and in the name of the United States. But the land so acquired shall be under the jurisdiction of the Mayor of the District of Columbia as agent of the United States. The persons are to be admissible to said home and school and the proceedings with reference to securing such admission are to be in accordance with law.
D.C. Code § 44-733 — DC Code / Title 44 / Chapter 7 / § 44-733
§ 44-733. Asbestos abatement — Rules and regulations.
Status: in_force

The Mayor is authorized to issue rules and regulations, in accordance with recommendations of the Task Force, to carry out the purposes of this subchapter.
D.C. Code § 44-151.11 — DC Code / Title 44 / Chapter 1A / § 44-151.11
§ 44-151.11. Rehabilitation or liquidation.
Status: in_force

(a) Application may be made to the Superior Court of the District of Columbia or to the federal bankruptcy court that may have previously taken jurisdiction over the provider or facility for an order directing or authorizing the appointment of a trustee to rehabilitate or to liquidate a facility if, at any time, it is determined, after notice and an opportunity for the provider to be heard, that:
  (1) A portion of an entrance fee escrow account required to be maintained under this chapter has been or is proposed to be released in violation of this chapter;
  (2) A provider has been or shall be unable, in such a manner as may endanger the ability of the provider, to fully perform its obligations pursuant to contracts for continuing care, to meet the financial forecasts previously filed by the provider;
  (3) A provider has failed to maintain the escrow account required under this title; or
  (4) A facility is bankrupt or insolvent, or in imminent danger of becoming bankrupt or insolvent.
(b) An order to rehabilitate a facility shall direct a trustee to take possession of the property of the provider and to conduct the business thereof, including the employment of such managers or agents as may be considered necessary and to take such steps as the court may direct toward removal of the causes and conditions which have made rehabilitation necessary.
(c) If, at any time, the court finds, upon petition of the trustee or provider, or on its own motion, that the objectives of an order to rehabilitate a facility have been accomplished and that the facility can be returned to the provider’s management without further jeopardy to the residents of the facility, the court may, upon a full report and accounting of the conduct of the facility’s affairs during the rehabilitation and of the facility’s current financial condition, terminate the rehabilitation and, by order, return the facility and its assets and affairs to the provider’s management.
(d) If, at any time, it is determined that further efforts to rehabilitate the provider would be useless, application may be made to the court for an order of liquidation.
(e) An order to liquidate a facility:
  (1) May be issued upon application of the Mayor whether or not there has been issued a prior order to rehabilitate the facility;
  (2) Shall act as a revocation of the license of the facility under this chapter; and
  (3) Shall include an order directing a trustee to marshal and liquidate all of the provider’s assets located within the District.
(f) Unless preempted by federal law, the first $500 of compensation or wages owed to an officer or employee of a continuing care provider for services rendered within 3 months before the commencement of a delinquency proceeding against the continuing care provider shall be paid before payment of any other debt or claim.
(g) Effective at the time a facility is first occupied by any resident, there shall exist a lien on the real and personal property of the provider or facility to secure the obligations of the provider pursuant to existing and future contracts for continuing care. A lien under this section shall be effective for a period of 10 years. The lien may be foreclosed upon the liquidation of the facility or the insolvency or bankruptcy of the provider and in that event the proceeds shall be used in full or partial satisfaction of obligations of the provider.
(h) If a provider is bankrupt or insolvent or has filed for protection from creditors under any federal bankruptcy or insolvency law, any resident or association of residents, or the legal representative of a resident or association of residents, may apply to the federal bankruptcy court for an order directing the appointment of a trustee to rehabilitate or liquidate a facility.
(i) In applying for an order to rehabilitate or liquidate a facility, in addition to the provisions of subsection (h) of this section, due consideration shall be given in the application to the manner in which the welfare of persons who have previously contracted with the provider for continuing care may be best served.
(j) An order for rehabilitation under this section shall be refused or vacated if the provider posts a bond, by recognized surety authorized to do business in the District and executed on behalf of persons who may be found to be entitled to a refund of entrance fees from the provider or other damages if the provider is unable to fulfill its contracts to provide continuing care at the facility, in an amount determined by the Court to be equal to the reserve funding that would otherwise need to be available to fulfill such obligations.
D.C. Code § 44-301.07 — DC Code / Title 44 / Chapter 3 / § 44-301.07
§ 44-301.07. External appeals process for matters other than rescissions.
Status: in_force

(a) The Director shall establish and maintain an external appeals process whereby a member or member representative who is dissatisfied with a decision rendered in an internal appeals process shall have the opportunity to pursue an external appeal before an independent review organization. The member or member’s representative has a right to pursue an external appeal if:
  (1) Dissatisfied with a decision rendered in the internal appeals process;
  (2) The health benefit plan or the Director, or Director’s designee, waives the requirement that the internal appeals process shall be completed before pursuing an external appeal;
  (3) The health plan does not comply with the deadlines and requirements of the internal appeals process; or
  (4) The matter concerns an emergency or urgent medical condition and the member or the member representative has applied for expedited external review at the same time as applying for an expedited internal review.
(b) To initiate an external appeal, a member or member representative shall, within 4 months from receipt of the written decision of the formal internal appeal panel, file a written request with the Director.  The member or member representative shall submit a signed form allowing the insurer to release medical records of the member that are pertinent to the appeal.
(c) Upon receipt of the request for an external appeal, together with the executed release form, the Director shall determine whether:
  (1) The individual was or is a member of the health benefits plan;
  (2) The health care service or benefit which is the subject of the appeal reasonably appears to be a benefit or service covered by the health benefits plan, or is not explicitly listed as an excluded benefit and would be a covered benefit except for the insurer’s determination that the service or treatment is experimental or investigational for a particular medical condition;
  (3) The member or member representative has fully complied with § 44-301.06 regarding internal appeals, or exhaustion of the internal appeals process has been waived in accordance with § 44-301.03(g) or § 44-301.06(i) ; and
  (4) The member or member representative has provided all the information required by the independent review organization and the Director to make the preliminary determination, including the appeal form, a copy of any information provided by the insurer regarding its decision to deny, reduce, or terminate a covered service or benefit, and the release form required pursuant to subsection (b) of this section.
(d) Upon completion of the preliminary review, the Director shall notify the member or member representative and insurer in writing as to whether the appeal has been accepted for processing.  If the appeal is accepted by the Director, the Director shall assign the appeal to an independent review organization for full review. If the appeal is not accepted by the Director, the Director shall provide a statement of the reasons for the nonacceptance to the member or member representative and the insurer.
(e) The staff of the independent review organization that is assigned to the appeal pursuant to subsection (d) of this section, shall have meaningful prior experience in performing utilization review, peer review, quality of care assessment or assurance, or the hearing of appeals. Any independent review organization,  its staff,  and its professional and medical reviewers, shall not have any material, professional, familial, or financial affiliation with the insurer that is a party to the appeal.
(f) The member or member’s representative may initiate an external appeal without exhaustion of the internal appeals process described in § 44-301.06 in a case of an emergency or urgent medical condition, when the insurer has failed to comply with the procedures set forth in § 44-301.06 , or when further participation in the internal process would require the provision of mental health information that the patient or treating mental health professional considers confidential.
(g) The insurer shall provide timely access to all its records relating to the matter under review and to all provisions of the health benefits plan or health insurance coverage, including any evidence of coverage, “member handbook”, certificate of insurance or contract and health benefits plan relating to the matter.
(h) (1) Upon acceptance of the appeal for processing, the independent review organization shall conduct a full review to determine whether, as a result of the insurer’s decision, the member was deprived of any service covered by the health benefits plan. The independent review organization shall notify the member, or member representative, that:
    (A) The member may receive from the insurer, upon request and free of charge, reasonable access to and copies of all documents, records, and other information relevant to the member’s request for benefits; and
    (B) The member may submit additional information in writing to be considered in conducting the review.
  (2) The member and member’s representative shall be provided at least 10 business days to submit the information pursuant to paragraph (1)(B) of this subsection. To the extent permitted by law, the independent review organization shall forward any information it receives from the member or member’s representative to the health insurer within one business day; except, in a case involving mental health information, disclosure of mental health information shall be limited in accordance with § 7-1202.07 . Pursuant to § 7-1202.07(b) the member’s record of mental health information disclosed for the purpose of independent review shall not be disclosed to the insurer.
(i) The full review of an appeal of a health benefits decision shall be initially conducted by 2 physicians licensed to practice medicine in the District of Columbia, Maryland, or Virginia, or in the case of mental health services, 2 health professional peers with an equal or greater degree of training and experience in the particular kind of mental health treatment under review licensed to practice medicine in the District of Columbia, Maryland, or Virginia. On an exceptions basis, when necessary based on the medical, surgical, or mental condition under review, the independent review organization may select medical reviewers licensed anywhere in the United States who have no history of disciplinary action taken or sanctions pending against them by any governmental or professional regulatory body.
(j) (1) In reaching a determination, the independent review organization shall take into consideration all pertinent medical records, the attending health care professional’s opinion, consulting physician or mental health professional reports, and other documents submitted by the parties, without regard to whether the information was submitted or considered in making the initial adverse decision, any applicable generally accepted practice guidelines developed by the federal government, national, or professional medical societies, boards and associations, and any applicable clinical protocols or practice guidelines developed by the insurer, and may consult with such other professionals as appropriate and necessary.
  (2) In a case where a denial was based on the insurer’s determination that services or treatments are experimental or investigational, the review organization shall additionally consider medical or scientific evidence or evidence-based standards as to whether the expected benefits of recommended or requested health care service or treatment is more likely to be beneficial to the covered person than any available standard health care service or treatment and the adverse risks of the recommended or requested health care service or treatment would not be substantially increased over those of available standard health care services or treatments.
(j-1) Before issuing a decision in accordance with the time frames provided in subsection (m) of this section, the independent review organization shall provide free of charge to the member, or member’s representative, any new or additional evidence and any new or additional rationale, relied upon or generated by the independent review organization, or at the direction of the health insurer, in connection with the grievance or appeal decision sufficiently in advance of the date the decision is required to be provided to permit the member, or the member’s representative, a reasonable opportunity to respond before that date.
(k) The member or member representative and one insurer representative may request to appear in person before the independent review organization.  The independent review organization shall conduct the hearing in the District of Columbia.  The independent review organization’s procedures for conducting a review, when the member or member representative or the insurer has requested to appear in person, shall include the following:
  (1) The independent review organization shall schedule and hold a hearing as soon as possible after receiving a request from a member or member representative or from an insurer representative to appear before the independent review organization. The independent review organization shall notify the member or member representative and insurer representative, either orally or in writing, of the hearing date and location.  The independent review organization shall not unreasonably deny a request for postponement of the hearing made by the member or member representative or insurer representative.
  (2) A member or member representative and an insurer representative shall have the right to the following:
    (A) To attend the independent review organization hearing;
    (B) To present his or her case to the independent review organization;
    (C) To submit supporting material both before and during the hearing;
    (D) To ask questions of any representative of the independent review organization;
    (E) To be assisted or represented by a person of his or her choice; and
    (F) To know the names and qualifications of the reviewers, including their training and experience in the specific form of treatment that is being reviewed, and that they are free from conflicts of interest.
(l) (1) The independent review organization shall consult with a physician, mental health professional, advance practice registered nurse, or other health professional who is an expert in the treatment of the medical or mental health condition that is the subject of the appeal. The expert shall:
    (A) Be knowledgeable about the recommended treatment or service through recent or current actual experience treating patients with the same or similar medical or mental health condition as the covered person;
    (B) Be licensed and hold the appropriate accreditation or certification for the specialty area under review; and
    (C) Have no history of disciplinary actions that raise a substantial question about the reviewer’s competence or moral character.
  (2) All final recommendations of the independent review organizations shall be approved by the medical director of the independent review organization.
(m) The independent review organization shall complete its review and issue its recommended decision as soon as possible in accordance with the medical exigencies of the case. Except as provided for in this subsection, the independent review organization shall complete its review within 45 calendar days, or 72 hours in the case of an expedited appeal, from the time the Director assigns the appeal to the independent review organization. An insurer shall provide all documentation to the independent review organization within 5 days of receipt of the notice of approval of the appeal by the Director, or within 24 hours of receipt of the notice of approval of the grievance, for an expedited review. If an insurer does not provide the independent review organization all documentation required by this subsection within the time frames, or obtain the necessary extensions, the independent review organization may decide the appeal without receiving the information. The independent review organization shall extend its review for a reasonable period of time as may be necessary due to circumstances beyond its or the insurer’s  control, but only when the delay will not result in increased medical risk, including increased mental health risk, to the member. In such an event, the independent review organization shall, prior to the conclusion of the initial review period, provide written notice to the member or member representative and to the insurer setting forth the status of its review and the specific reasons for the delay.
(m-1) Expedited appeals shall be furnished:
  (1) For appeals concerning admission, availability of care, continued stay, or health care service for which the member received emergency services but has not been discharged from a facility;
  (2) When the member is seeking care for an emergency or urgent medical condition; or
  (3) When the insurer’s denial of coverage is based on its determination that treatment is experimental or investigational; which expedited review shall be conducted upon the treating physician’s certification that treatment will be significantly less effective if not promptly initiated.
(n) If the independent review organization determines that the member was deprived of medically necessary covered services or benefits, the independent review organization shall recommend to the Director the appropriate covered health services or benefits the member should receive. The Director shall forward copies of the recommendation to the member or member representative and the insurer.
(o) The independent review organization shall refer a case for review to a consultant physician or other health care provider in the same specialty or area of practice who would generally manage the type of treatment that is the subject of the appeal. All final recommendations of the independent review organization shall be approved by the medical director of the independent review organization.
(p) The decision of the independent review organization shall be binding on the plan or issuer and the member, except to the extent that there are other remedies under District or federal law.
(q) (1) This section shall not apply in cases directly involving Medicaid or the District of Columbia Health Care Alliance benefits.
  (2) Any appeal brought pursuant to this section by a member involving coverage provided pursuant to the Medicaid program or the District of Columbia Health Care Alliance program shall be resolved in accordance with federal and District of Columbia laws, regulations, and procedures established for fair hearings and appeals for those programs.
D.C. Code § 44-664.08 — DC Code / Title 44 / Chapter 6A / § 44-664.08
§ 44-664.08. Rules.
Status: in_force

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 , may issue rules to implement the provisions of this subchapter .
D.C. Code § 44-1051.02 — DC Code / Title 44 / Chapter 10A / § 44-1051.02
§ 44-1051.02. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Board” means the Board of Nursing established by § 3-1202.04 .
(2) “Change of ownership” means:
  (A) In the case of an unincorporated sole proprietorship, transfer of title and property to another party;
  (B) In the case of a partnership, the removal, addition, or substitution of a partner, unless the partners expressly agree otherwise, as permitted by applicable state law; and
  (C) In the case of a corporation, the merger of the existing corporation into another corporation, or the consolidation of 2 or more corporations resulting in the creation of a new corporation, but not the merger of another corporation into the existing corporation nor the mere transfer of corporate stock.
(3) “Client” means a health care facility or agency, or an individual, that enters into an agreement or a contract with a nurse staffing agency for the provision of nursing personnel, Home Health Aides, or Personal Care Aides.
(4) “Department” means the Department of Health.
(5) “Health care facility” or “health care agency” means any entity providing health care services that is defined or designated as a “facility” or “agency” pursuant to § 44-501(c) . The term “health care facility” or “health care agency” includes hospitals, nursing homes, hospices, community residence facilities, maternity centers, ambulatory surgical facilities, renal dialysis facilities, and home care agencies.
(6) “Home Health Aide” means any individual who is qualified and authorized to perform home health aide services in accordance with Chapter 51 of Title 29 of the District of Columbia Municipal Regulations.
(7) “Nurse staffing agency” means any person, firm, corporation, partnership, or other business entity engaged in the business of providing nursing personnel, to a health care facility or agency for the purpose of rendering temporary nursing personnel within the District of Columbia. The term “nurse staffing agency” does not include:
  (A) A nurse staffing program operated by a health care facility solely for the purpose of procuring or furnishing temporary or permanent nursing personnel for employment at that health care facility;
  (B) An entity operating solely as a home care agency, as defined by § 44-501(a)(7) ; or
  (C) Any nursing personnel providing their own services to a health care facility or agency without the direct or indirect assistance of a nurse staffing agency.
(8) “Nursing personnel” means any individual who is licensed by the District of Columbia Board of Nursing as a Licensed Practical Nurse or as a Registered Nurse, or any individual who is certified as a Certified Nurse Aide in accordance with Chapter 32 of Title 29 of the District of Columbia Municipal Regulations.
(9) “Personal Care Aide” means any individual who is qualified and authorized to perform personal care services in accordance with Chapter 50 of Title 29 of the District of Columbia Municipal Regulations.
(10) “Responsible party” means the employee or other affiliate of a nurse staffing agency who directs the nurse staffing agency’s day-to-day nurse staffing operation.
D.C. Code § 44-202 — DC Code / Title 44 / Chapter 2 / § 44-202
§ 44-202. License requirements for clinical laboratories.
Status: in_force

(a) Except as provided in subsection (b) of this section, it shall be unlawful to operate a clinical laboratory in the District of Columbia, whether public or private, for profit or not-for-profit, unless licensed by the Mayor.
(a-1) Except as provided in subsection (c) of this section, it shall be unlawful to engage in any of the following activities unless licensed to engage in that activity by the Mayor, whether the activity is public or private, for profit or not for profit:
  (1) Performing or offering to perform clinical laboratory tests or examinations in the District of Columbia; or
  (2) Performing or offering to perform clinical laboratory tests or examinations on specimens acquired in the District of Columbia, regardless of the location of the clinical laboratory at which the tests or examinations are performed.
(b) Clinical laboratory licenses shall not be required of:
  (1) Clinical laboratories operated by the federal government;
  (2) Any laboratory maintained and operated purely for nonclinical research purposes, the results of which are not used for clinical application;
  (3) Any laboratory operated solely for teaching and conducting analyses, the results of which are not used for clinical application; or
  (4) Repealed.
(c) Clinical laboratories that, prior to March 16, 1989, were not or would not have been subject to licensure in the District of Columbia may operate without a license until one year after the issuance of rules pursuant to § 44-213 .
(d) An application for a clinical laboratory license shall be made by the owner of the clinical laboratory on forms provided by the Mayor. The application shall contain the name of the owner, the name of the laboratory director, the categories of laboratory tests for which the clinical laboratory license is sought, an approved proficiency testing program in which the clinical laboratory plans to participate, the location and physical description of the facility at which tests are to be performed, and other information as the Mayor may require.
(e) A license shall be valid only for the premises stated on the application.
(f) A license shall automatically become void 30 days following a change in the laboratory director, or 30 days following a change in ownership or location of the clinical laboratory. A new application for a license may be made prior to a change in the laboratory director, ownership, or location of the clinical laboratory, or prior to the expiration of the 30-day period, in order to permit the uninterrupted operation of the clinical laboratory.
(g) Unless already terminated or renewed, a clinical laboratory license shall expire 2 years from the date of initial issuance or the date of last renewal. An application for a license shall be accompanied by a license fee determined by the Mayor that is commensurate to the cost of inspection.
(h) A clinical laboratory license shall specify on its face the names of the owner and the director of the laboratory, the categories of laboratory tests authorized, and the location at which the tests may be performed. Each clinical laboratory licensed under this chapter shall post its license in a conspicuous place on the premises, and have its license readily available for inspection by the public.
(i) A license shall not be issued or renewed unless:
  (1) A valid certificate of qualification in the procedures for which the license is sought has been issued to the laboratory director by a recognized personnel certifying agency as approved by the Mayor;
  (2) The clinical laboratory is appropriately staffed with qualified personnel and properly equipped;
  (3) The clinical laboratory has participated to the satisfaction of the Mayor in an approved proficiency testing program, pursuant to § 44-209 ; and
  (4) The clinical laboratory is operated in the manner required by this chapter and rules issued pursuant to this chapter.
(j) Any license issued pursuant to this section shall be issued as a Public Health: Laboratory endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47 .
D.C. Code § 44-778 — DC Code / Title 44 / Chapter 7 / § 44-778
§ 44-778. Washington Asylum Hospital continued.
Status: repealed

Repealed.
D.C. Code § 44-1002.05 — DC Code / Title 44 / Chapter 10 / § 44-1002.05
§ 44-1002.05. Appointment of receiver; continuation of ex parte appointment.
Status: in_force

(a) After a hearing the court may appoint a receiver for the facility or continue the appointment of a receiver made ex parte if it finds that the petitioner has proven, by clear and convincing evidence, the existence of one or more of the grounds for receivership listed in § 44-1002.02
(b) (1) The Mayor shall, after consulting with appropriate District government agencies, the Long-Term Ombudsman, and representatives from nursing home, Assisted Living Residence, and community residence facility providers, establish a list of potential receivers with experience in the delivery of health-care or personal care services preferably in the operation of a nursing home, Assisted Living Residence, or community residence facility.
  (2) Except as provided in paragraph (3) of this subsection, the court may appoint as a receiver any qualified person with experience in the delivery of health-care or personal care services preferably in the operation of a nursing home, Assisted Living Residence, or community residence facility. In deciding whom to appoint, the court shall give strong consideration to the list of mayoral nominees established pursuant to paragraph (1) of this subsection.
  (3) The court shall not appoint as a receiver:
    (A) An employee of a District government agency that licenses, operates, or provides a financial payment to the type of facility being placed in receivership;
    (B) The owner, licensee, or administrator of the facility, or an affiliate of the owner, licensee, or administrator; or
    (C) A parent, child, grandchild, spouse, domestic partner, sibling, first cousin, aunt, or uncle of one of the facility’s residents, whether the relationship arises by blood, marriage, domestic partnership, or adoption. For the purposes of this subparagraph, the term “domestic partner” shall have the same meaning as provided in § 32-701(3) , and the term “domestic partnership” shall have the same meaning as provided in § 32-701(4) .
(c) (1) Before a receiver takes charge of a facility, he or she shall file a bond with the court that:
    (A) Does not exceed the value of the facility and its assets; and
    (B) Runs to the District for the benefit of all persons interested in his or her faithful performance of the receivership.
  (2) Unless the court directs otherwise, the receiver may pay the premium of the bond from the facility’s income.
(d) Any person authorized to file a petition under § 44-1002.03 may petition the court to appoint a substitute for a receiver who:
  (1) Dies;
  (2) Has or develops a disability that impedes his or her ability to carry out the receivership;
  (3) Has or develops a conflict of interest; or
  (4) Fails to make reasonable progress in carrying out the receivership.
D.C. Code § 44-204 — DC Code / Title 44 / Chapter 2 / § 44-204
§ 44-204. Qualifications of technical personnel.
Status: in_force

(a) A clinical laboratory performing only waived tests shall employ testing personnel who meet the qualifications set out in rules issued pursuant to § 44-213 .
(b) (1) A clinical laboratory performing moderately complex tests shall employ a laboratory director, a technical consultant, a clinical consultant, and testing personnel. A person may function in more than one of these capacities if he or she meets the qualifications specified in this chapter and in rules issued pursuant to § 44-213 .
  (2) The laboratory director, technical consultant, clinical consultant, and testing personnel shall meet the qualifications as specified in rules issued pursuant to § 44-213 .
(c) (1) A clinical laboratory performing highly complex tests shall employ a laboratory director, a general supervisor, a technical supervisor, a clinical consultant, and testing personnel. A person may function in more than one of these capacities if he or she meets the qualifications specified in this chapter and in rules issued pursuant to § 44-213 .
  (2) The laboratory director, general supervisor, technical supervisor, clinical consultant, and testing personnel shall meet qualifications as specified in rules issued pursuant to § 44-213 .
  (3) In addition to the requirements set forth in paragraph (1) of this subsection, a clinical laboratory that performs highly complex tests in the subspecialty of cytology shall employ a cytology general supervisor, a cytology technical supervisor, and a cytotechnologist. A person may function in more than one of these capacities if he or she meets the qualifications specified in this chapter and in rules issued pursuant to § 44-213 .
D.C. Code § 44-110.06 — DC Code / Title 44 / Chapter 1 / § 44-110.06
§ 44-110.06. Bathrooms.
Status: in_force

(a) An ALR shall ensure that there is one full bathroom, for every 6 residents, including live-in family or staff. Additional full or half baths shall be available to non-live-in staff. No resident shall be required to traverse more than one flight of stairs to access a bathroom and appropriate accommodations shall be made for residents who are unable to climb stairs.
(b) When applicable, bathrooms shall contain adequate space and strategically located grab bars to allow residents who use wheelchairs to utilize toilets, tubs, showers, and wash basins without traversing a stair way.
(c) An ALR shall insure that the temperature of the hot water at all taps to which residents have access is controlled by the use of thermostatically controlled mixing valves or by other means, including control at the source, so that the water temperature does not exceed 110 degrees Fahrenheit.
D.C. Code § 44-105.02 — DC Code / Title 44 / Chapter 1 / § 44-105.02
§ 44-105.02. Self-determination, choice, independence, participation, and privacy.
Status: in_force

(a) A resident shall have the right to be treated at all times as follows:
  (1) Courteously;
  (2) Respectfully;
  (3) With full recognition of personal dignity and individuality; and
  (4) With assurance of privacy and the opportunity to act autonomously and  share in the responsibility for decisions.
(b) A resident of an ALR shall have the right to live in an environment that:
  (1) Maintains and enhances the resident’s dignity, independence, and respect  in full recognition of his or her individuality and physical and mental  capabilities;
  (2) Is creatively designed to counter loneliness, depression, dependence,  boredom, and designed to manage difficult behavior;
  (3) Provides opportunities for socialization, social interaction, leisure  activities, and spiritual and religious activities consistent with the  preferences and background of the resident; and
  (4) Facilitates participation by arranging for transportation and assisting  with communication and social skills and other services.
D.C. Code § 44-1714 — DC Code / Title 44 / Chapter 17 / § 44-1714
§ 44-1714. Appropriations.
Status: in_force

Such appropriations as may be necessary to carry out the purposes of this chapter are authorized.
D.C. Code § 44-502 — DC Code / Title 44 / Chapter 5 / § 44-502
§ 44-502. License requirements.
Status: in_force

(a) Except as provided in subsections (b), (c), and (d) of this section, it shall be unlawful to operate a facility or agency in the District of Columbia, whether public or private, for profit or not for profit, without being licensed by the Mayor.
(b) This subchapter shall not apply to a facility or agency operated by the federal government or, except in the case of community residence facilities, by and for the adherents of a church or religious denomination that, in accordance with established tenets, recognizes spiritual healing as the sole means of treating illness.
(c) Facilities and agencies that, prior to February 24, 1984, were not or would not have been subject to licensure in the District of Columbia may operate without a license until 6 months after the adoption of applicable rules under § 44-504 .
(d) The continued operation of a facility or agency pending action by the Mayor on an application for licensure renewal or initial licensure under subsection (c) of this section shall not be deemed unlawful if a completed application was timely filed but, through no fault of the facility or agency or its governing body, staff, or employees, the Mayor has failed to act on the application before the expiration of the facility’s or agency’s current license or, under subsection (c) of this section, its authorized period of operation. A facility or agency operating under this subsection shall comply with all other provisions of this subchapter and rules adopted pursuant to this subchapter.
(e) Application forms shall list all certificates of approval, authority, occupancy, or need that are required as a precondition to lawful operation in the District of Columbia.
(f) A license shall be valid only for the premises stated on the license.
(g) Any change in the ownership of a facility or agency owned by an individual, partnership, or association, or in the legal or beneficial ownership of 10% or more of the stock of a corporation that owns or operates a facility or agency, shall be subject to written notice of the change being given to the governmental licensing authority at least 30 days prior to the change in ownership. Upon notification, the governmental licensing authority may, at its discretion, require reinspection and relicensure to ensure that the facility or agency will remain in compliance with the provisions of this subchapter, rules adopted pursuant to this subchapter, and all other applicable provisions of law.
(h) Unless sooner terminated or renewed, a license required by this subchapter shall expire one year from the date of issue or the last renewal.
(i) Each facility licensed under this subchapter shall post its license in a conspicuous place on the premises, and each agency licensed under this subchapter shall have its license readily available for inspection by the public.
(j) Any license issued pursuant to this section shall be issued as a Public Health: Health Care Facility endorsement or a Public Health: Human Services Facility endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47 .
D.C. Code § 44-951.15 — DC Code / Title 44 / Chapter 9A / § 44-951.15
§ 44-951.15. General Counsel.
Status: in_force

(a) The Corporation may have a General Counsel who shall:
  (1) Be appointed by the CEO;
  (2) Be an attorney admitted in good-standing to the practice of law in the District of Columbia;
  (3) Be qualified by experience and training to advise the Corporation with respect to legal issues related to its powers and duties;
  (4) Have an attorney-client relationship with the Corporation; and
  (5) Advocate vigorously for the positions of the Corporation on legal issues.
(b) The General Counsel, with the consent of the CEO, may employ staff attorneys and other personnel.
D.C. Code § 44-2019 — DC Code / Title 44 / Chapter 20 / § 44-2019
§ 44-2019. Rules.
Status: repealed

Repealed.
D.C. Code § 44-108.03 — DC Code / Title 44 / Chapter 1 / § 44-108.03
§ 44-108.03. Functional assessment.
Status: in_force

Within 30 days prior to admission, the facility shall collect, on a standardized form approved by the Mayor, the following information regarding each applicant:
(1) Level of functioning in activities of daily living including bathing, dressing, grooming, eating, toileting, and mobility;
(2) Level of support and intervention, including any special equipment and  supplies, required to compensate for the individual’s deficits in activities  of daily living;
(3) Current physical or psychological symptoms of the individual requiring  monitoring, support, or other intervention by the ALR;
(4) Capacity of the individual for making personal and healthcare related decisions;
(5) Presence of disruptive behavior or behavior which presents a risk to the  physical or emotional health and safety of self or others;
(6) Social factors, including:
  (A) Significant problems with family circumstances and personal relationships;
  (B) Spiritual status and needs; and
  (C) Ability to participate in structured and group activities and the resident’s current involvement in such activities.
D.C. Code § 44-1802 — DC Code / Title 44 / Chapter 18 / § 44-1802
§ 44-1802. Definitions.
Status: repealed

Repealed.
D.C. Code § 44-662.06 — DC Code / Title 44 / Chapter 6A / § 44-662.06
§ 44-662.06. Federal determinations; suspension and termination of assessment.
Status: in_force

(a) If the Centers for Medicare and Medicaid Services determines that an assessment imposed on a hospital pursuant to this chapter does not satisfy the requirements for federal financial participation set forth in section 1903(w) of the Social Security Act that determination shall not affect the validity, amount, applicable rate, or any other terms of an assessment on other hospitals imposed by this chapter.
(b) If the Centers for Medicare and Medicaid Services determines that an exclusion for specialty hospitals under this chapter would prevent an assessment imposed by this chapter from qualifying as a broad-based health care related tax, as that term is defined in section 1903(w)(3)(B) of the Social Security Act, the exclusion of specialty hospitals shall not be made.
D.C. Code § 44-105.05 — DC Code / Title 44 / Chapter 1 / § 44-105.05
§ 44-105.05. Representation and resolution of grievances and complaints.
Status: in_force

(a) A resident shall have the right to the following:
  (1) To designate a person as his or her surrogate or to have their guardian,  or advance directives or surrogate health decision maker, act for them if for  any reason the resident cannot act for him or herself;
  (2) To uncoerced consent;
  (3) To present grievances and complaints without fear of threat of  retaliation and have them acknowledged and acted upon promptly with due  respect to the provisions of this chapter;
  (4) To have access to an internal grievance and complaint procedure for any  denial of services or rights provided for under this chapter and to an  external review process by an independent person or entity;
  (5) To address grievances and complaints to representatives of the Office of  the Long-Term Care Ombudsman of the District of Columbia pursuant to Chapter 7  of Title 7 or other representative;
  (6) To appoint a specially designated person or attorney to represent the  resident in any grievance or complaint, procedure, or appeal process who shall  have access to all necessary and relevant books and records of the ALR; and
  (7) To organize and participate in and hold meetings of resident groups in  the ALR and invite staff or visitors to the meetings and have a designated  staff person to assist and respond to written requests resulting from the  meetings.
(b) The ALR shall maintain complete written records of the filing and disposition of all grievances, complaints, and appeals.
(c) Appeals under this section may be taken pursuant to subchapter XII of this chapter .
D.C. Code § 44-907 — DC Code / Title 44 / Chapter 9 / § 44-907
§ 44-907. Property transfer.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, on October 1, 1987, the Secretary shall transfer to the District, without compensation, all right, title, and interest of the United States in all real property at Saint Elizabeths Hospital in the District of Columbia together with any buildings, improvements, and personal property used in connection with such property needed to provide mental health and other services provided by the Department of Human Services identified pursuant to § 44-903(c)(7) .
  (2) Such real property as is identified by the Secretary by September 30, 1987, as necessary to federal mental health programs at Saint Elizabeths Hospital under § 44-901(b)(6) shall not be transferred under this subsection.
(b) On or before October 1, 1992, the Mayor shall prepare, and submit to the Committee on the District of Columbia of the House of Representatives and the Committees on Governmental Affairs and Labor and Human Resources of the Senate, a master plan, not inconsistent with the comprehensive plan for the National Capital, for the use of all real property, buildings, improvements, and personal property comprising Saint Elizabeths Hospital in the District of Columbia not transferred or excluded pursuant to subsection (a) of this section. In developing such plan, the Mayor shall consult with, and provide an opportunity for review by, appropriate federal, regional, and local agencies. Such master plan submitted by the Mayor shall be approved by a law enacted by the Congress within the 2-year period following the date such plan is submitted to the Committee on the District of Columbia of the House of Representatives and the Committees on Governmental Affairs and Labor and Human Resources of the Senate. Immediately upon the approval of any such law, the Secretary shall transfer to the District, without compensation, all right, title, and interest of the United States in and to such property in accordance with such approved plan. The real property, together with the buildings and other improvements thereon, including personal property used in connection therewith, known as the Oxon Cove Park and operated by the National Park Service, Department of the Interior, shall not be transferred under this chapter.
(c) On October 1, 1985, the Secretary shall transfer to the District, without compensation, all right, title, and interest of the United States to lot 87, square 622, in the subdivision made by the District of Columbia Redevelopment Land Agency, as per plat recorded in the Office of the Surveyor for the District of Columbia, in liber 154 at folio 149 (901 First Street N.W., the J.B. Johnson Building and grounds).
D.C. Code § 44-1511 — DC Code / Title 44 / Chapter 15 / § 44-1511
§ 44-1511. Power to alter, amend or repeal provisions.
Status: in_force

Congress shall have power to alter, amend, or repeal §§ 44-1501 to 44-1507 at any time.
D.C. Code § 44-705 — DC Code / Title 44 / Chapter 7 / § 44-705
§ 44-705. Payments to needy patients.
Status: in_force

The Mayor of the District of Columbia, pursuant to regulations prescribed by the Council of the District of Columbia, is authorized to furnish cash payments to needy patients in hospitals operated by or under contract (relating to the care of needy patients) with the District of Columbia in such amounts and at such times as he may determine.
D.C. Code § 44-404 — DC Code / Title 44 / Chapter 4 / § 44-404
§ 44-404. Health systems plan; development, publication, updating, and implementation.
Status: in_force

(a) The SHPDA, with the advice and recommendation of the SHCC, shall develop a proposed HSP, which shall be adopted in accordance with rules issued pursuant to § 44-421 , to guide health policy in the District of Columbia. The HSP shall present data collected pursuant to § 44-405 to:
  (1) Articulate issues with respect to maintaining and improving the health of District of Columbia residents;
  (2) Demonstrate health care trends over multi-year periods;
  (3) Identify health needs of District of Columbia residents;
  (4) Identify needs of the health care delivery system; and
  (5) Prioritize health care issues.
(b) Where applicable, the SHPDA shall use the federal Healthy People 2010 Plan development guidelines, and subsequent federal Healthy People Plan guidelines, to develop the HSP of subsection (a) of this section and to address the health status and health systems goals of the Department of Health and data needs required to administer the SHPDA’s certificate of need responsibilities under §§ 44-409 and 44-410 .
(c) In carrying out its duties for the development of the HSP, the SHPDA shall:
  (1) Provide for public involvement in and evaluation of the development and implementation of the HSP, which shall include at least one public hearing;
  (2) Develop an Annual Implementation Plan (“AIP”) for the implementation of the HSP;
  (3) Conduct informational and educational activities concerning the HSP and the AIP; and
  (4) Coordinate all health planning within the District of Columbia.
(d) Upon completion and promulgation of the final HSP, the SHPDA shall publish a notice of its completion and issuance in the District of Columbia Register and forward a copy of the final HSP to the District of Columbia Public Library.
(e) The HSP shall be reviewed annually, and amended as necessary, except that a new HSP shall be issued every 5 years. Upon the completion and promulgation of any new HSP, or any annual amendment to the HSP, the SHPDA shall submit copies to the Council and the District of Columbia Public Library, and shall publish a notice of its completion and issuance in the District of Columbia Register.
D.C. Code § 44-1912 — DC Code / Title 44 / Chapter 19 / § 44-1912
§ 44-1912. Transfer of duties, powers, and functions to Executive Director; plan to restore solvency; composition.
Status: repealed

Repealed.
D.C. Code § 44-106.04 — DC Code / Title 44 / Chapter 1 / § 44-106.04
§ 44-106.04. Individualized Service Plans.
Status: in_force

(a) (1) An ISP shall be developed for each resident prior to admission.
  (2) An ISP shall be developed following the completion of the “post move-in” assessment.
  (3) The ISP shall be written by a healthcare practitioner using information  from the assessment.
  (4) The ISP shall be developed with the resident, or surrogate, as a full  partner.
  (5) The ISP shall be signed by the resident, or surrogate, and a representative of the ALR.
  (6) The ISP shall include a shared responsibility agreement when necessary.
  (7) The ISP shall be based on such factors as:
    (A) The medical, rehabilitation, and psychosocial assessment of the   resident;
    (B) The functional assessment of the resident; and
    (C) The reasonable accommodation of resident and, if necessary, surrogate   preferences.
(b) The ISP shall include the services to be provided, when and how often the services will be provided, and how and by whom all services will be provided and accessed.
(c) During the ISP development process, the ALR shall confer with the prospective resident and, if necessary, the surrogate to arrive at a mutual agreement as to the responsibilities of each party in accessing care and achieving related outcomes.
(d) The ISP shall be reviewed 30 days after admission and at least every 6 months thereafter. The ISP shall be updated more frequently if there is a significant change in the resident’s condition. The resident and, if necessary, the surrogate shall be invited to participate in each reassessment. The review shall be conducted by an interdisciplinary team that includes the resident’s healthcare practitioner, the resident, the resident’s surrogate, if necessary, and the ALR.
(e) An ALR shall facilitate aging in place to the best of its ability with the understanding that there may be a point reached where adequate and appropriate services can not be marshalled to support the resident safely, making transfer to another setting necessary.
D.C. Code § 44-711 — DC Code / Title 44 / Chapter 7 / § 44-711
§ 44-711. Appropriations for charitable and reformatory institutions to be lien on property.
Status: in_force

All sums of money appropriated and expended in aid of the purchase of real estate for charitable or reformatory institutions in the District of Columbia, or for buildings or for permanent improvements to buildings thereon, shall (subject to any trust deed, mortgage, or other security or encumbrance existing on such property at the time of its purchase, or created at the time of its purchase) be a lien upon such property, and in case of the dissolution of any such corporation owning such property, or in case of the disposal of such property, by such corporation, entitle the United States to reimbursement in proportion to any other contributions or funds used for such purposes; and the acceptance by any such corporation of any sum of money appropriated for the foregoing purposes shall be deemed an acceptance of and agreement to this provision.
D.C. Code § 44-1002.09 — DC Code / Title 44 / Chapter 10 / § 44-1002.09
§ 44-1002.09. Special fund or account.
Status: in_force

(a) The Mayor may establish a special revolving fund or a separate allocable revenue account in the General Fund to provide financial support in the form of loans to a receiver of a facility. If established, this fund or account may be supported in accordance with subsection (f) of this section.
(b) For the purposes of this section, the term “fund” means the special revolving fund or separate allocable revenue account referred to in subsection (a) of this section.
(c) If expenses remain unpaid after a receiver uses all private and third-party payments, the receiver may petition the court for money from the fund. Before the court authorizes use of money from the fund, it shall hold a hearing at which the Mayor, the receiver, the licensee, the owner, and the administrator of the facility may offer evidence on whether the court should approve the loan. Notice of the hearing shall be given to the Mayor, the receiver, the licensee, the owner, and the administrator of the facility at least 7 days (excluding Saturdays, Sundays, and legal holidays) before the hearing.
(d) (1) A loan from the fund shall create an automatic lien on the facility and its assets in the amount of the loan. The receiver shall file with the Mayor a document setting forth:
    (A) The amount of the loan;
    (B) The name of the facility to which the lien attaches; and
    (C) A description of the assets of the facility that are affected by the lien.
  (2) A lien created under this subsection shall:
    (A) Extend to the property of the facility described in the document filed under paragraph (1) of this subsection and to the beneficial interest in that property possessed by the owner; and
    (B) Have priority over any other lien or interest that attaches after the filing date, except as otherwise provided by federal law.
(e) In addition to receivership loans, the Mayor may use money from the fund for low-interest loans or grants to facilities to help improve resident care, address the personal needs of residents, and enhance resident safety.
(f) The Mayor may support the fund with money received from:
  (1) The collection of civil fines, penalties, and related costs imposed against a facility;
  (2) The sale of properties subject to liens created by this section;
  (3) The assessment of facility licensure fees; and
  (4) The repayment of loans made under this section.
(g) Any money in the fund in excess of $500,000 shall revert to the General Fund.
D.C. Code § 44-665.12 — DC Code / Title 44 / Chapter 6A / § 44-665.12
§ 44-665.12. Outpatient Hospital Directed Payment Provider Fee Fund.
Status: in_force

(a) There is established as a special fund the Outpatient Hospital Directed Payment Provider Fee 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 shall be used only for the following purposes:
  (1) Making separate payments to Medicaid managed care organizations to fund Medicaid outpatient hospital directed payments to hospitals as required under § 44-665.15 ;
  (2) Providing refunds to hospitals pursuant to § 44-665.14 ; and
  (3) Through the District retention:
    (A) Paying the salary and fringe benefits of one full-time equivalent staff position at the Department;
    (B) Funding the local match for Medicaid fee-for-service hospital reimbursements;
    (C) Funding Chapter 38F of Title 31 , using an amount from the District retention equal to 1.125% of the fees collected under this subchapter ; and
    (D) Making a transfer to Local Funds in an amount not to exceed 13.125% of the fees collected under this subchapter .
(d) (1) Except as otherwise provided in subsection (c)(3)(D) of this section, the money deposited into 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.
D.C. Code § 44-2016 — DC Code / Title 44 / Chapter 20 / § 44-2016
§ 44-2016. Immunity from civil liability.
Status: repealed

Repealed.
D.C. Code § 44-753 — DC Code / Title 44 / Chapter 7 / § 44-753
§ 44-753. Creation of lien in favor of United States.
Status: in_force

The provisions of the paragraph following the appropriation for the Washington Hospital for Foundlings in § 44-711 , creating a lien in favor of the United States with respect to the appropriations referred to therein, shall also apply to the appropriations in the aggregate amount of $50,000, granted in the Act of June 10, 1872 (17 Stat. 360), and in the Act of March 3, 1875 (18 Stat. 386), for the purchase by the United States of the property described in § 44-751 , and the acceptance by the Columbia Hospital for Women and Lying-in Asylum of the conveyance of said property shall be deemed an acceptance of and agreement to this provision.
D.C. Code § 44-1710 — DC Code / Title 44 / Chapter 17 / § 44-1710
§ 44-1710. Regulations.
Status: in_force

The Council of the District of Columbia is authorized to promulgate regulations to carry out the purposes of this chapter;  provided, that no such regulation shall be put in effect until after a public hearing has been held thereon.
D.C. Code § 44-664.09 — DC Code / Title 44 / Chapter 6A / § 44-664.09
§ 44-664.09. Sunset.
Status: in_force

This subchapter shall expire on September 30, 2029.
D.C. Code § 44-664.15 — DC Code / Title 44 / Chapter 6A / § 44-664.15
§ 44-664.15. 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 § 44-664.13 , if a hospital system or person that is subject to a fee under § 44-664.13 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 § 44-664.13 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 subchapter , a hospital system or person who conducts, operates, or maintains a hospital, upon notice by the Department, shall pay the fee required under § 44-664.13 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 § 44-421 — DC Code / Title 44 / Chapter 4 / § 44-421
§ 44-421. Rules.
Status: in_force

The SHPDA shall, in accordance with subchapter I of Chapter 5 of Title 2 , issue proposed rules to implement 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 within the 45-day period, the proposed rules shall be deemed approved.
D.C. Code § 44-786 — DC Code / Title 44 / Chapter 7 / § 44-786
§ 44-786. Fees for clinical services; free services.
Status: repealed

Repealed.
D.C. Code § 44-951.08 — DC Code / Title 44 / Chapter 9A / § 44-951.08
§ 44-951.08. Personnel administration.
Status: in_force

(a) Chapter 6 of Title 1 shall not apply to employees of the Corporation.
(b) Within 6 months of the first meeting of the Board, the Corporation shall promulgate policies, practices, and procedures relating to terms and conditions of employment for personnel employed by the Corporation. Until the Corporation establishes a personnel system subject to applicable laws, the personnel system of the United Medical Center existing the day prior to September 14, 2011, shall continue to apply to the Corporation and its employees.
(c) Subject to federal and District law, the Corporation shall assume and be bound by all personnel contracts and existing collective bargaining agreements with labor organizations that represent employees transferred to the Corporation.
(d) This section shall not to [sic] be construed to limit the right of the Board to reorganize, restructure, reclassify, or eliminate positions.
(e) The Corporation shall give a hiring preference to qualified District residents.
(f) The Corporation shall have independent personnel authority, including the authority to establish its own personnel system, and shall not be subject to Chapter 6 of Title 1 or its implementing regulations.
(g) The Corporation, with advice from the CEO, shall develop a personnel system that includes rules prohibiting an employee from having a direct or indirect financial interest that conflicts with, or would appear to conflict with, the fair, impartial, and objective performance of the employee’s assigned duties and responsibilities.
(h) The Board members and the CEO shall not have any interest, direct or indirect, as principal, surety, or otherwise in contract, where the expense or consideration of the contract is payable from Corporation funds.
(i) The Corporation may retain an independent contractor to deliver hospital services, except for financial services provided by the Office of the Chief Financial Officer. As part of the hospital services a contractor provides, the contractor may manage, supervise, evaluate, and propose disciplinary action for government hospital employees, except for employees reporting to the Chief Financial Officer of the District of Columbia, subject to the following limitations:
  (1) The Corporation determines, in writing, that the contractor is providing services to the Corporation and that it is necessary for the operation of the hospital, or an affected department of the Hospital, for the contractor to supervise, manage, evaluate, and propose disciplinary action for the affected employees.
  (2) In exercising authority to supervise, manage, evaluate, and propose disciplinary action, the contractor shall comply with all Hospital human resource policies, personnel contracts, and collective-bargaining agreements.
  (3) A contractor’s proposal for disciplinary action shall not become final unless approved by the Chief Executive Officer of the Hospital.
  (4) The Hospital shall not be responsible for the contractor’s negligence or misconduct related to managing or supervising hospital employees.
D.C. Code § 44-410 — DC Code / Title 44 / Chapter 4 / § 44-410
§ 44-410. Criteria for review and required findings.
Status: in_force

(a) In order to grant a certificate of need, except for a certificate of need to decrease the bed capacity of a HCF, the SHPDA shall, upon review of an applicant, make a written finding that the proposed HCF, health service, major medical equipment, or capital expenditure meets the requirements of this chapter and any other requirements established by regulations. In addition, the SHPDA shall make the written finding that:
  (1) The applicant is in compliance with all assurances made pursuant to § 603(e) of the Public Health Service Act, approved July 1, 1944, as amended (58 Stat. 682; 42 U.S.C. 291c et seq.); and
  (2) The applicant, if it operates on a fee-for-service basis and has not given assurances pursuant to § 603(e) of the Public Health Service Act, approved July 1, 1944, as amended (58 Stat. 682; 42 U.S.C. 291c), has given equivalent assurances, in writing, to the SHPDA and is in compliance with any assurances pursuant to this subsection in a previous certificate of need application.
(b) In adopting rules in accordance with § 44-421 , the SHPDA shall adopt comprehensive, detailed rules to ensure that compliance with the assurances given pursuant to subsection (a) of this section is achieved and maintained by the applicant. The SHPDA may adopt identical or separate rules for facilities described in subsection (a) of this section.
(c) In conducting certificate of need review, the SHPDA shall utilize all appropriate criteria adopted by rules.
(d) The SHCC shall, in the performance of its review functions, follow procedures and apply criteria developed and published by the SHPDA and adopted by the SHCC.
D.C. Code § 44-1102.19a — DC Code / Title 44 / Chapter 11 / § 44-1102.19a
§ 44-1102.19a. Repayment of funds.
Status: repealed

Repealed.
D.C. Code § 44-636 — DC Code / Title 44 / Chapter 6A / § 44-636
§ 44-636. Federal determinations; suspension and termination of assessment.
Status: repealed

Expired.
D.C. Code § 44-1634 — DC Code / Title 44 / Chapter 16A / § 44-1634
§ 44-1634. Delegation of management and investment functions.
Status: in_force

(a) Subject to any specific limitation set forth in a gift instrument or in law other than this chapter, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in:
  (1) Selecting an agent;
  (2) Establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and
  (3) Periodically reviewing the agent’s actions in order to monitor the agent’s performance and compliance with the scope and terms of the delegation.
(b) In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation.
(c) An institution that complies with subsection (a) of this section is not liable for the decisions or actions of an agent to which the function was delegated.
(d) By accepting delegation of a management or investment function from an institution that is subject to the laws of the District of Columbia, an agent submits to the jurisdiction of the courts of the District of Columbia in all proceedings arising from or related to the delegation or the performance of the delegated function.
(e) An institution may delegate management and investment functions to its committees, officers, or employees as authorized by law of the District of Columbia other than this chapter.
D.C. Code § 44-301.11 — DC Code / Title 44 / Chapter 3 / § 44-301.11
§ 44-301.11. Availability of District external review procedures for self-insured plans.
Status: in_force

A group health plan that is located in the District but that is not subject to District regulation may voluntarily use the District’s external review system; provided, that it pays the full costs of external review and adheres to the procedures set forth in § 44-301.07 .
D.C. Code § 44-110.10 — DC Code / Title 44 / Chapter 1 / § 44-110.10
§ 44-110.10. Laundry.
Status: in_force

An ALR shall provide an on-site laundry facility for use of staff for residents personal laundry. All laundry shall be processed and handled in a manner to prevent the spread of infection by:
(1) Separate processing and storage of incontinent items; and
(2) Sanitizing by hot water and appropriate chemical agents.
D.C. Code § 44-1003.12 — DC Code / Title 44 / Chapter 10 / § 44-1003.12
§ 44-1003.12. Exemption.
Status: repealed

Repealed.
D.C. Code § 44-1207 — DC Code / Title 44 / Chapter 12 / § 44-1207
§ 44-1207. Fees and fines; rules.
Status: in_force

(a) The Mayor, by rule, shall establish a graduated, need-based, schedule of fees to charge individuals who receive treatment at the treatment facility established pursuant to § 44-1203 . The Mayor, by rule, shall establish a schedule of fees for the certification required by § 44-1204 .
(b) The director of the treatment facility may file claims for payment for services provided to an individual who is a beneficiary of a policy or contract of health insurance that provides coverage for drug treatment services.
(c) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 , shall issue any other rules necessary to implement the provisions of this chapter.
(d) Except as provided in § 44-1204(f) , 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 .
D.C. Code § 44-408 — DC Code / Title 44 / Chapter 4 / § 44-408
§ 44-408. Activities subject to expedited administrative certificate of need reviews.
Status: in_force

(a) Proposals for major medical equipment and new institutional health services for which there is an explicit finding of need in the HSP shall be eligible for expedited administrative review without referral to the SHCC, in accordance with rules promulgated pursuant to § 44-421 .
(b) Any persons proposing projects subject to expedited administrative review shall file an application with the SHPDA in accordance with rules promulgated pursuant to section 22, provided that the HSP upon which the need is assessed is no more than 5 years old. If the HSP is more than 5 years old, such proposals shall be subject to standard certificate of need review.
(c) Administrative review decisions shall initially be made the SHPDA staff and shall be appealable to the Director of the SHPDA. The decision by the Director is the final decision of the SHPDA and is subject to appeal to the Board of Appeals and review in accordance with § 44-421 .
D.C. Code § 44-664.04 — DC Code / Title 44 / Chapter 6A / § 44-664.04
§ 44-664.04. Applicability of fees.
Status: in_force

(a) The fee imposed by § 44-664.03 shall not be due and payable until such time that the District obtains approvals required by the Centers for Medicare and Medicaid Services for authorizing the Medicaid payments described in § 44-664.05 .
(b) The fee imposed by § 44-664.03 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, 2018; or
  (2) The payments to hospitals required under § 44-664.05 are modified in any way other than to secure federal approval of such payments as described in § 44-664.05 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 § 44-664.03 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 § 44-664.03 not take effect or cease to be imposed, moneys in the Fund derived from the imposed fee shall be disbursed in accordance with § 44-664.05 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 § 44-534.02 — DC Code / Title 44 / Chapter 5 / § 44-534.02
§ 44-534.02. Environmental health standards.
Status: in_force

(a) Persons responsible for maintenance of the physical plant, including housekeeping, shall be specifically identified.
(b) Treatment rooms shall have a minimum clear floor area sufficient to permit removal of a patient by stretcher. A lavatory or sink with handwashing facility with controls appropriate for mode sterility technique used by the facility shall be provided.
(c) Illumination shall provide at least the equivalent of 100 foot candles of light at the examining table, as well as in the surgical area.
(d) There shall be a preventive maintenance program for mechanical equipment and medical devices. This program of prevention maintenance should include, but is not limited to, regularly scheduled inspection of medical equipment.
(e) There shall be convenient handwashing facilities and/or necessary control valves to minimize the potential of cross contamination.
(f) An environmental monitoring program, which shall include environmental surveillance and infection surveillance, shall be established and followed routinely.
D.C. Code § 44-751 — DC Code / Title 44 / Chapter 7 / § 44-751
§ 44-751. In general.
Status: in_force

Subject to the provisions of § 44-752 [repealed], the Administrator of General Services and the Commissioner of the District of Columbia are directed to convey, without monetary consideration, to the Columbia Hospital for Women and Lying-in Asylum, Washington, District of Columbia, a corporation created by the Act of June 1, 1866 (14 Stat. 55), all right, title, and interest of the United States and of the District of Columbia in and to those pieces or parcels of land in the District of Columbia, described as follows, together with all improvements thereon and appurtenances thereto:
(1) All that piece or parcel of land situate and lying in the City of Washington in the District of Columbia and known as part of square no. 25, as laid down and distinguished on the plat or plan of said City, as follows: Beginning at the southeast corner of said square and running thence north with 24th Street 231 feet and 7 inches; thence west 230 feet and 6 inches; thence north to M Street 231 feet and 10 inches; thence west with M Street 215 feet and 6 inches to 25th Street; thence south with 25th Street 263 feet and 5 inches; thence east 200 feet; thence south to L Street 200 feet; thence east with L Street 246 feet to the beginning; and being the property conveyed to the United States of America by deed dated October 17, 1876, from the Columbia Hospital for Women and Lying-in Asylum, recorded in liber 836, folio 159, of the land records of the District of Columbia; and
(2) All that piece or parcel of land situate and lying in the City of Washington in the District of Columbia on the northeast corner of L and 25th Streets Northwest, being a part of original square no. 25, as follows: Beginning at the southwest corner of said square and running thence east with the line of said L Street 200 feet for a corner; thence north 200 feet for a corner; thence west 200 feet for a corner; and thence south 200 feet to the place of beginning; containing 40,000 square feet of ground, more or less, and being the property conveyed to the United States of America by deed dated July 6, 1872, from the Columbia Hospital for Women and Lying-in Asylum and Edward Maynard, recorded in liber 811, folio 481 of the land records of the District of Columbia.
D.C. Code § 44-1102.10 — DC Code / Title 44 / Chapter 11 / § 44-1102.10
§ 44-1102.10. Submission of budgets.
Status: repealed

Repealed.
D.C. Code § 44-108.04 — DC Code / Title 44 / Chapter 1 / § 44-108.04
§ 44-108.04. Short-term residential care.
Status: in_force

For individuals who will stay in the ALR no longer than 30 days, only the following information is required for admission to the ALR:
(1) An analysis of the individual’s current physical condition, medical  status, and functional assessment as set out in this subchapter; and
(2) A resident agreement in accordance with this chapter.
D.C. Code § 44-509 — DC Code / Title 44 / Chapter 5 / § 44-509
§ 44-509. Penalties; enforcement.
Status: in_force

(a) Any person who intentionally impedes a District of Columbia official or employee in the performance of his or her authorized duties under this subchapter, or any rule issued pursuant to this subchapter, shall be subject to a fine not exceeding $1,000 per day of violation, imprisonment for not more than 90 days, or both. Prosecution shall be in the Superior Court of the District of Columbia by information signed by the Attorney General for the District of Columbia or one of his or her assistants.
(b) 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, entity described in § 44-502.01 , or other entity from operating a facility or agency in violation of the terms of its license, provisions of this subchapter, or any rule issued pursuant to this subchapter.
(c) Notwithstanding the availability of any other remedy, an individual who is aggrieved by a violation of any provision of this subchapter or rule issued pursuant to this subchapter may maintain an action in the Superior Court of the District of Columbia to enjoin the continuation of that violation or the commission of any future violation.
(d) (1) Any person who knowingly gives an owner, licensee, administrator, or employee of a facility or agency, whether directly or indirectly, advance notice of an officially unannounced inspection or investigation to be conducted by the Mayor, the Long-Term Care Ombudsman designated pursuant to 42 U.S.C. § 3027(a)(12), or their designees, shall be:
    (A) Guilty of a misdemeanor and, upon conviction, subject to a fine not exceeding $5,000, imprisonment for not more than 90 days, or both; and
    (B) If a District government employee, subject to disciplinary and other remedial action in accordance with District law.
  (2) Prosecution under paragraph (1)(A) of this subsection shall be in the Superior Court of the District of Columbia by information signed by the Attorney General for the District of Columbia or one of his or her assistants.
(e) (1) Civil fines, penalties, and related costs may be imposed against an entity described in section § 44-502.01 or a facility or agency, whether public or private, for the violation of any provision of this subchapter, rule issued pursuant to this subchapter (including residents’ rights established pursuant to § 44-504(a)(4) ), or other District of Columbia or locally enforceable federal law. Except as provided in paragraphs (2) through (5) of this subsection and subsection (f)(1) of this section, procedures for adjudication and enforcement and applicable fines, penalties, and costs shall be those established by or pursuant to Chapter 18 of Title 2 . Governmental immunity shall not be a defense to any civil fine, penalty, or cost imposed.
  (1A) (A) For health professional or health professional's employer that fails to comply with the reporting requirements set forth in § 44-508 , the Mayor may impose a civil fine not to exceed $2,500 for the first incident, $5,000 for the second incident, and $10,000 for any violations occurring thereafter.
    (B) In a proceeding to determine whether a health professional or health professional's employer has complied with the requirements of § 44-508 , or in a proceeding challenging the imposition of a fine for failure to comply with the requirements of § 44-508 , the health professional or health professional's employer shall have the burden of proving that the report was sent to the board, commission, or authority through one of the methods of service identified in § 44-508(c) if the board, commission, or authority states that it has not received the report.
  (2) Whenever the respondent in proceedings for a civil fine or penalty is the licensee or administrator of a nursing home or community residence facility, the Long-Term Care Ombudsman shall have the right to intervene as a party in any hearing, administrative appeal, or court review that is a part of those proceedings. As a party to the proceedings, the Long-Term Care Ombudsman shall be served with a copy of the notice of infraction, all hearing notices, all orders of the Administrative Law Judge, any notices of appeal, and any orders of a court.
  (3) Civil fines, penalties, and related costs imposed against a nursing home or community residence facility shall not come out of the funds needed to provide quality care and services to residents. To monitor compliance with this paragraph, the Mayor shall conduct an audit at least annually of every nursing home and community residence facility against which civil fines, penalties, or costs have been imposed. Civil fines, penalties, and costs imposed against any nursing home or community residence facility owned by the District of Columbia shall be paid into either the special fund or account if established pursuant to § 44-1002.09 , or a special account to be used for the personal needs of residents.
  (4) Notwithstanding the availability of other means of enforcement, the Mayor may directly deduct the amount of civil fines, penalties, and related costs imposed against any facility or agency from amounts otherwise payable by the District of Columbia to the licensee or administrator of that facility or agency.
  (5) Any person who violates any provision of this subchapter, or any rules or regulations promulgated pursuant to this subchapter, for which a civil fine has not been established pursuant to § 2-1801.04 , shall be subject to a civil fine in an amount not to exceed that established for the closest existing analogous violation.
(f) (1) Any person who commits a violation of any provision of this subchapter, or any rules or regulations promulgated pursuant to this subchapter, that results in demonstrable harm to a patient, resident, or client of a facility or agency, shall be subject to a fine for each offense not to exceed $10,000. For each violation, each day of violation shall constitute a separate offense, and the penalties prescribed shall apply to each separate offense. The total fine for a series of related offenses shall not exceed $100,000. Procedures for adjudication of violations under this subsection shall be those established pursuant to Chapter 18 of Title 2 .
  (2) Except as provided in subsections (a) and (d) of this section, any person who knowingly violates this subchapter, or any rules or regulations promulgated pursuant to this subchapter, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not more than $25,000, or imprisoned for not more than 180 days, or both. For each violation, each day of violation shall constitute a separate offense, and the penalties prescribed shall apply to each separate offense. Prosecutions for violation of this subchapter pursuant to this subsection shall be brought in the Superior Court of the District of Columbia by the Attorney General for the District of Columbia.
D.C. Code § 44-665.01 — DC Code / Title 44 / Chapter 6A / § 44-665.01
§ 44-665.01. Definitions.
Status: in_force

(a) For the purposes of this subchapter , the term:
  (1) "Department" means the Department of Health Care Finance.
  (2) "District retention" means an amount equal to 13.125% of the fees collected under § 44-665.03(a)(1) , plus the salary and fringe benefits for one full-time equivalent staff position at the Department.
  (3) "Fund" means the Inpatient Hospital Directed Payment Provider Fee Fund established by this subchapter .
  (4) "Hospital" shall have the same meaning as provided in § 44-501(a)(9) ; except, that the term "hospital" shall not include any specialty hospital, as defined by the District of Columbia's Medicaid State Plan, a hospital that is reimbursed under a specialty hospital reimbursement methodology under the State Plan, or a hospital operated by the federal government.
  (5) "Hospital system" means a group of hospitals licensed separately but operated, owned, or maintained by a common entity.
  (6) "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.
  (7) (A) "Inpatient net patient revenue" means 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");
      (ii) Divided by the number appearing in Column 3 of Line 28 on Worksheet G-2 of that report; and
      (iii) 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.
  (8) "State directed payment" means a Medicaid managed care delivery system and provider payment initiative authorized under 42 C.F.R. § 438.6(c).
D.C. Code § 44-732 — DC Code / Title 44 / Chapter 7 / § 44-732
§ 44-732. Asbestos abatement — Task Force established.
Status: in_force

(a) There is established a Task Force on Asbestos Abatement (“Task Force”).
(b) The Task Force shall consist of 9 members appointed as follows:
  (1) Two members shall be appointed by the Mayor to represent the interests of the District of Columbia government;
  (2) Two members shall be appointed by the Board of Education to represent the interests of the District of Columbia Public Schools; and
  (3) Five members shall be appointed by the Council, 3 of whom shall have experience in the field of occupational health and safety and who shall have demonstrated a knowledge of and interest in asbestos-related diseases.
(c) Members of the Task Force shall be appointed within 15 days (excluding Saturdays, Sundays, and holidays) of March 15, 1985, or within 15 days (excluding Saturdays, Sundays, and holidays) of November 29, 1984, whichever occurs first.
(d) Vacancies occurring upon the Task Force shall be filled in the same manner as original appointees as provided in subsection (b) of this section.
(e) Five members of the Task Force shall constitute a quorum.
(f) The Task Force shall study all matters relating to the presence and condition of asbestos in public buildings owned or leased by the District of Columbia and shall make recommendations to the Mayor and the Council within 120 days of November 29, 1984. The report shall outline an asbestos abatement program for the District and shall contain, but not be limited to, the following information:
  (1) A list of all public buildings owned or leased by the District of Columbia which have been constructed with asbestos materials and which pose a threat to public health and safety, or a plan for identifying these buildings;
  (2) A plan for identifying those individuals within the District of Columbia who have a high risk of asbestos-related diseases because of prolonged exposure to public buildings containing friable asbestos material;
  (3) Draft legislation to regulate individuals who are in the business of removing or containing asbestos material;
  (4) Projections on the cost of removal or containment of asbestos in public buildings and on the cost of providing screening services to persons who have been identified as having a high risk of asbestos-related disease; and
  (5) Specific recommendations on action that may be taken by the Mayor and the Council to implement a prompt and thorough abatement program.
(g) The Task Force shall cease to exist 30 days after submission of the report required by subsection (f) of this section.
D.C. Code § 44-905 — DC Code / Title 44 / Chapter 9 / § 44-905
§ 44-905. Transition provisions for employees of the Hospital.
Status: in_force

(a) Employees of the Hospital directly affected by the assumption of programs and functions by the District government who meet the requirements for immediate retirement under the provisions of § 8336(d) of Title 5, United States Code, shall be accorded the opportunity to retire during the 30-day period prior to the assumption of such programs and functions.
(b) (1) The system implementation plan shall prescribe the specific number and types of positions needed by the District government at the end of the service coordination period.
  (2) Notwithstanding § 3503 of Title 5, United States Code, employees of the hospital shall only be transferred to District employment under the provisions of this section.
(c) (1) While on the retention list or the District or federal agency reemployment priority list, the system implementation plan shall provide to Hospital employees a right-of-first-refusal to District employment in positions for which such employees may qualify, (A) created under the system implementation plan in the comprehensive District mental health system, (B) available under the Department of Human Services of the District, and (C) available at the District of Columbia General Hospital.
  (2) In accordance with federal regulations, the Secretary shall establish retention registers of hospital employees and provide such retention registers to the District government. Employment in positions identified in the system implementation plan under subsection (b) of this section shall be offered to hospital employees by the District government according to each such employee’s relative standing on the retention registers.
  (3) Employee appeals concerning the retention registers established by the Secretary shall be in accordance with federal regulations.
  (4) Employee appeals concerning employment offers by the District shall be in accordance with Chapter 6 of Title 1 .
(d) (1) Notwithstanding any other provision of law, employees of the Hospital, while on the federal agency reemployment priority list, shall have a right-of-first-refusal to employment in comparable available positions for which they qualify within the Department of Health and Human Services in the Washington metropolitan area.
  (2) If necessary to separate employees of the hospital from federal employment, such employees may be separated only under federal reduction-in-force procedures.
  (3) A federal agency reemployment priority list and a displaced employees program shall be maintained for employees of the hospital by the Secretary and the Office of Personnel Management in accordance with federal regulations for federal employees separated by reduction-in-force procedures.
  (4) The Mayor shall create and maintain, in consultation with the Secretary, a District agency reemployment priority list of those employees of the Hospital on the retention registers who are not offered employment under subsection (c) of this section. Individuals who refuse an offer of employment under subsection (c) of this section shall be ineligible for inclusion on the District agency reemployment priority list. Such reemployment priority list shall be administered in accordance with procedures established pursuant to the District of Columbia Government Comprehensive Merit Personnel Act of 1978.
  (5) Acceptance of nontemporary employment as a result of referral from any retention list or agency reemployment priority list shall automatically terminate an individual’s severance pay as of the effective date of such employment.
(e) Any contract entered into by the District of Columbia for the provision of mental health services formerly provided by or at the hospital shall require the contractor or provider, in filling new positions created to perform under the contract, to give preference to qualified candidates on the District agency reemployment priority list created pursuant to subsection (d) of this section. An individual who is offered nontemporary employment with a contractor shall have his or her name remain on the District agency reemployment priority list under subsection (d) of this section for not more than 24 months from the date of acceptance of such employment.
D.C. Code § 44-1203.01 — DC Code / Title 44 / Chapter 12 / § 44-1203.01
§ 44-1203.01. Privatization of residential substance abuse treatment.
Status: in_force

(a) Notwithstanding any provision of § 44-1203 , the Mayor shall contract out the operation of the substance abuse Residential Short Stay and Detoxification Facilities programs that are currently operated by the Addiction, Prevention, and Recovery Administration (“APRA”) and, when appropriate, priority shall be given to locating such facilities on the campus of the D.C. General Hospital. The affected employees of APRA shall be given the opportunity to compete in this privatization, which shall be carried out in accordance with § 2-352.05 .
(b) Any amount of funding necessary for costs of severance pay related to the contracting out of the operation of the substance abuse Residential Short Stay and Detoxification Facilities program shall be paid from the administrative costs of the Addiction, Prevention, and Recovery Administration. No money for severance pay related to the contracting out shall be taken from any program funding allocated for substance abuse treatment services, including the $3 million increase allocated by the Council for community based substance abuse treatment services.
D.C. Code § 44-1102.13 — DC Code / Title 44 / Chapter 11 / § 44-1102.13
§ 44-1102.13. Exemption from taxation.
Status: repealed

Repealed.
D.C. Code § 44-783 — DC Code / Title 44 / Chapter 7 / § 44-783
§ 44-783. Receipt of contagious-disease cases by Providence and Garfield Memorial Hospitals.
Status: repealed

Repealed.
D.C. Code § 44-776 — DC Code / Title 44 / Chapter 7 / § 44-776
§ 44-776. Report of loss of privileges by health care providers.
Status: repealed

Repealed.
D.C. Code § 44-1004.01 — DC Code / Title 44 / Chapter 10 / § 44-1004.01
§ 44-1004.01. Injunctive relief.
Status: in_force

A resident, a resident’s representative, the Long-Term Care Ombudsman, or the Attorney General for the District of Columbia may bring an action in court for a temporary restraining order, preliminary injunction, or permanent injunction to enjoin a facility from violating any provision in subchapter III of this chapter , any rule issued by the Mayor pursuant to that subchapter, or any standard or resident’s right established pursuant to § 44-504(a)(3) and (4).
D.C. Code § 44-1002.03 — DC Code / Title 44 / Chapter 10 / § 44-1002.03
§ 44-1002.03. Petitions for receivership.
Status: in_force

(a) Notwithstanding the availability of any other remedy, the Attorney General for the District of Columbia may, in the name of the District and based on one or more of the grounds listed in § 44-1002.02 , petition the court to appoint a receiver for any facility.
(b) Notwithstanding the availability of any other remedy, a resident, a resident’s representative, the Long-Term Care Ombudsman, or any other advocate representing the interests of a facility’s residents may, based on one or more of the grounds listed in § 44-1002.02(2) through (6), submit a written request asking the Attorney General for the District of Columbia to petition the court to appoint a receiver for any facility. If the Attorney General for the District of Columbia denies the request or does not file a petition within 5 days (excluding Saturdays, Sundays, and legal holidays) after receiving a request, the requestor may file with the court a petition for the appointment of a receiver.
(c) The licensee of any facility may, based on one or more of the grounds listed in § 44-1002.02 , petition the court to appoint a voluntary receiver for that facility.
D.C. Code § 44-503 — DC Code / Title 44 / Chapter 5 / § 44-503
§ 44-503. Authority of Mayor.
Status: in_force

(a) The Mayor shall:
  (1) Ensure that licensing rules are consistent with certificate of need rules and that both are designed to facilitate the goals and objectives of the District of Columbia’s state health plan and certificate of need program; and
  (2) Conduct an initial inventory of facilities to determine actual physical bed capacity and operating bed capacity.
(b) The Mayor shall have the authority to license bed capacity by specific, well-defined services. For hospitals, licensure by type of service shall be limited to the following categories: Medical/surgical; ICU/coronary care; OB/GYN; nursery; intermediate neonatal and neonatal intensive care; pediatrics; alcoholism/chemical dependency; rehabilitation; and psychiatric.
D.C. Code § 44-1703 — DC Code / Title 44 / Chapter 17 / § 44-1703
§ 44-1703. Certificate of Registration — Required; exception.
Status: in_force

(a) No person shall solicit in the District of Columbia unless he holds a valid certificate of registration authorizing such solicitation.
(b) The provisions of this chapter shall not apply to any person making solicitations, including solicitations for educational purposes, solely for a church or a religious corporation or a corporation or an unincorporated association under the supervision and control of any such church or religious corporation; provided, that such church, religious corporation, corporation, or unincorporated association is an organization which has been granted exemption from taxation under the provisions of § 501 of the Internal Revenue Code of 1986 (26 U.S.C. § 501); provided further, that such exemption from the provisions of this chapter shall be in effect only so long as such church, religious corporation, corporation, or unincorporated association shall be exempt from taxation under the provisions of § 501 of the Internal Revenue Code of 1986.
(c) The provisions of subsection (a) of this section and §§ 44-1704 , 44-1705 , 44-1706 , and 44-1708 shall not apply to any person making solicitations:
  (1) Solely for the American National Red Cross; or
  (2) Exclusively among the membership of the soliciting agency.
(d) The Mayor may by regulation prescribe the terms and conditions under which solicitations in addition to those enumerated in subsection (b) of this section may be exempted from the provisions of subsection (a) of this section and §§ 44-1705 and 44-1706 ; provided, that no exemption granted under authority of this subsection shall exceed for any calendar year $25,000 in money or property, adjusted once a year on October 1, in accordance with the consumer price index for the Washington-Baltimore Metropolitan Statistical Area, or any successor index, as published by the United States Department of Labor, Bureau of Labor Statistics, or any successor agency.
D.C. Code § 44-301.06 — DC Code / Title 44 / Chapter 3 / § 44-301.06
§ 44-301.06. Internal appeals process.
Status: in_force

(a) (1) An insurer shall establish and maintain an internal appeals process whereby a member or member representative who has received an adverse benefit determination can have the opportunity to pursue an appeal before a reviewer or panel of physicians, a mental health professional, advanced practice registered nurses, or other health care professionals selected by the insurer.
  (2) Group health plans and individual health insurers shall follow claims procedures established pursuant to the Employee Retirement Income Security Act of 1974, approved September 2, 1974 (Pub. L. No. 93-406; 88 Stat. 829), Title XXVII of the Public Health Service Act, approved July 1, 1944 (42 U.S.C. § 300gg et seq.), and the Patient Protection and Affordable Care Act, approved March 23, 2010 (124 Stat. 119; 42 U.S.C. § 18001, note), as amended by the Health Care and Education Reconciliation Act of 2010, approved March 30, 2010 (124 Stat. 1029; 42 U.S.C. § 1305, note), if applicable. At a minimum, the member or member’s representative shall be allowed to request an internal review within 180 days of receipt of a notice of an adverse benefit determination.
(b) Reviews shall be in accordance with the following:
  (1) The reviewer or panel selected by the insurer pursuant to subsection (a) of this section shall not have been involved in the adverse benefit determination decision under review.
  (2) For all reviews requiring medical expertise or mental health expertise, the review panel shall include at least one medical reviewer who is trained or certified in the same specialty as the matter at issue.
  (3) A medical reviewer shall be a physician, a mental health professional, an advanced practice registered nurse, or other appropriate health care provider possessing a non-restricted license to practice or provide care anywhere in the United States and the District of Columbia and have no history of disciplinary action or sanctions taken or pending against him or her by any governmental or professional regulatory body.
  (4) A medical reviewer shall be certified by a recognized specialty board in the areas appropriate to the review.
  (5) The health insurer shall ensure the independence and impartiality of the individuals making review decisions. The health insurer shall not make decisions related to such individuals regarding hiring, compensation, termination, promotion, or other similar matters based upon the likelihood that the individual will support the denial of benefits.
  (6) (A) For claims involving mental health care, the confidentiality of mental health information shall be preserved pursuant to Chapter 12 of Title 7 [ § 7-1201.01 et seq.]. Pursuant to a valid authorization, the provider may share limited information as described in § 7-1203.03 to determine payment.
    (B) The patient may authorize (or for participating providers, the provider and insurer may jointly authorize) review of the patient’s record of mental health information by an independent mental health professional. Mental health information disclosed to an independent mental health professional under these procedures shall not be disclosed to the health insurer.
(c) All internal appeals shall be acknowledged by the insurer, in writing, to the member or member representative filing the appeal within 10 business days of receipt.
(d) The member and the member’s representative shall have the right to:
  (1) Review the member’s file;
  (2) Request and receive free of charge copies of all documents and records relevant to the claim;
  (3) Present evidence and testimony as part of the appeals process;
  (4) Review any new or additional evidence considered or generated by the health insurer;
  (5) Review any new or additional rationale used by the insurer in connection with the claim; and
  (6) Sufficient opportunity to respond.
(e) The member has the right to continued coverage, upon request, at the level of benefits provided before the reduction, termination, or limitation, pending the outcome of the appeal.
(f) An internal appeal shall be conducted as soon as possible after receipt by the insurer of all necessary documentation in accordance with the medical exigencies of the case. If the internal appeal is from a decision regarding urgent or emergency medical conditions, the insurer shall conclude the appeal within 24 hours of the notification of appeal by the member or member representative. The health insurer shall conclude all other appeals conducted pursuant to this section within 30 calendar days for prospective reviews and 60 calendar days for retrospective reviews.
(g) If an insurer denies a member’s or member representative’s internal appeal, the insurer shall provide the member or member representative with a written explanation of the denial and written notification of his or her right to receive copies of all documents relevant to the claim and to proceed to an external appeal. The notification shall include specific instructions as to how the member or member representative may arrange for an external appeal and any forms required to initiate an external appeal.
(h) At a minimum, the written explanation provided by the insurer of the determination pursuant to subsection (g) of this section shall include:
  (1) The reviewer’s understanding of the member’s or member representative’s complaint;
  (2) Information sufficient to identify the claim involved, including, if applicable:
    (A) The date of service;
    (B) The health care provider;
    (C) The claim amount; and
    (D) A statement describing the availability, upon request, of the diagnosis code and its corresponding meaning and the treatment code and its corresponding meaning;
  (3) The reviewer’s decision in clear terms;
  (4) The title and qualifying credentials of the person or persons participating in the review, including how those credentials apply to the specific form of treatment being reviewed;
  (5) The contractual basis, including reference to specific plan provisions, or medical rationale in enough detail for the member or member representative to understand and to respond to the insurer’s position;
  (6) A reference to the evidence or documentation used as the basis for the decision, including internal rules, guidelines, and protocols; and
  (7) All applicable instructions, including the telephone numbers and titles of persons to contact and the time frames in which to appeal the decision to the next stage of appeal.
(i) If the insurer fails to comply with any of the deadlines or procedures for completion of an internal appeal or if that further participation in the internal process would require the provision of mental health information that the patient or treating mental health professional considered confidential, the member or member representative shall be relieved of his or her obligation to complete the internal review process and may, at his or her option, proceed directly to the external appeals process required by § 44-301.07 .
D.C. Code § 44-1901 — DC Code / Title 44 / Chapter 19 / § 44-1901
§ 44-1901. Legislative findings; purpose of chapter.
Status: repealed

Repealed.
D.C. Code § 44-1051.04 — DC Code / Title 44 / Chapter 10A / § 44-1051.04
§ 44-1051.04. Application for initial license.
Status: in_force

A nurse staffing agency shall submit to the Department, as part of the agency’s initial application for licensure:
(1) The business name of the agency;
(2) The addresses of the agency’s registered business office, operations headquarters, and District of Columbia operations headquarters;
(3) The telephone numbers of all offices listed in paragraph (2) of this subsection;
(4) If the agency is a corporate entity, the entity’s Certificate of Good Standing as a corporation;
(5) The name of the agency’s responsible party;
(6) Any other information necessary to ensure compliance with the provisions of this chapter, as established by regulation; and
(7) The initial licensure fee as established by regulation.
D.C. Code § 44-411 — DC Code / Title 44 / Chapter 4 / § 44-411
§ 44-411. Duration, modification, sale, or transfer of a certificate of need.
Status: in_force

(a) A certificate of need shall be effective for the period that the applicant states is necessary to complete the project for which the certificate of need is granted. If the applicant is making good faith efforts to meet the schedule, the SHPDA shall extend the certificate of need for an additional period or periods as necessary for the applicant to complete the project. The SHPDA shall adopt rules to define the schedule of performance, including reporting, criteria for evaluating compliance or noncompliance with the schedule, and criteria for determining and reviewing major modifications after a certificate of need has been issued. Any review of major modifications shall be limited to the modifications and shall not affect the underlying certificate of need granted by the SHPDA.
(b) A certificate of need obtained prior to April 9, 1997 shall continue to be valid for the period specified in granting the certificate of need and may be renewed in accordance with subsection (a) of this section.
(c) A current certificate of need may not be sold or transferred. The transfer of effective control over a project for which a current certificate of need has been granted shall cause the certificate of need to be subject to review and approval by the SHPDA. For the purposes of this subsection, the term “effective control” means the ability of any person, by reason of a direct or indirect ownership interest, whether of record or beneficial, in a corporation, partnership, or other entity which holds a certificate of need, to direct or cause the direction of the management or policies of that corporation, partnership or other entity, and the term “current certificate of need” means a certificate of need granted or deemed to have been granted by the SHPDA.
(d) Any transfer, assignment, or other disposition of 10% of the stock or voting rights thereunder of a corporation or other entity which is the operator of a HCF, or any transfer, assignment, or other disposition of the stock or voting rights thereunder of the corporation which results in the ownership or control of more than 10% of the stock or voting rights thereunder of the corporation, by any person, when that corporation or entity holds a current certificate of need, shall cause the certificate of need to be subject to review and approval by the SHPDA.
D.C. Code § 44-1638 — DC Code / Title 44 / Chapter 16A / § 44-1638
§ 44-1638. Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 467; 15 U.S.C. § 7001   et seq.), but does not modify, limit, or supersede section 101(a) of that act (15 U.S.C. § 7001(a)  ) or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 U.S.C. § 7003(b)  ).
D.C. Code § 44-761 — DC Code / Title 44 / Chapter 7 / § 44-761
§ 44-761. Window blind and drape cord safety notification requirement.
Status: in_force

(a) Every hospital, birth center, and pediatric primary care provider located in the District of Columbia shall distribute an informational notice provided to it by the Department of Health ("DC Health") regarding the danger that window blinds and drape cords pose to children and how to avoid those dangers directly to:
  (1) The parent or guardian following the labor and delivery of the parent's or guardian's child as a component of the discharge discussion and instruction;
  (2) The person accompanying a child to the child's 6-month primary care appointment; and
  (3) Upon request, a member of the general public.
(b) The informational notice shall be designed by DC Health and provided to each hospital, birth center, and pediatric primary care provider to distribute in photocopied form to the persons listed in subsection (a) of this section.
(c) DC Health shall make the information contained in the notice available on DC Health's website and shall provide electronic text to hospitals, birth centers, and pediatric primary care providers.
(d) The informational notice required by subsection (a) of this section shall be either:
  (1) The informational notice created by DC Health in subsection (b) of this section; or
  (2) A similar informational notice approved by DC Health.
D.C. Code § 44-105.04 — DC Code / Title 44 / Chapter 1 / § 44-105.04
§ 44-105.04. Accommodation of needs.
Status: in_force

A resident shall have the right to the following:
(1) To receive adequate and appropriate services and treatment with  reasonable accommodation of individual needs and preferences consistent with  their health and physical and mental capabilities and the health or safety of  other residents;
(2) To have access to appropriate health and social services, including  social work, home health, nursing, rehabilitative, hospice, medical, dental,  dietary, counseling, and psychiatric services in order to attain or maintain  the highest practicable physical, mental and psychosocial well-being;
(3) To remain in the current setting, forgoing a recommended transfer to  obtain additional services as contracted for by the resident or secure  additional services in a manner acceptable to the ALR;
(4) To engage in a shared responsibility agreement with the ALR which is  acceptable to the resident and the ALR and does not violate any applicable  law;
(5) To refuse to participate in any service once the potential consequences  of such participation have been explained and a shared responsibility  agreement has been reached, if necessary, between the resident, the surrogate,  and the ALR;
(6) To be free of physical restraints at all times; and
(7) To be free of chemical restraints.
D.C. Code § 44-1004.03 — DC Code / Title 44 / Chapter 10 / § 44-1004.03
§ 44-1004.03. Civil action for damages.
Status: in_force

(a) A resident or resident’s representative may bring an action in court to recover actual and punitive damages for any injury that results from a violation of subsection (b) of this section, subchapter III of this chapter , any rule issued by the Mayor pursuant to subchapter III of this chapter , or any standard or resident’s right established pursuant to § 44-504(a)(3) and (4). Upon proof of a violation and subject to subsection (c) of this section, the resident shall be awarded 3 times the actual damages or $100, whichever is greater, and may be awarded punitive damages of up to $5,000.
(b) No owner, licensee, administrator, or employee of a facility shall take any action that adversely affects a resident’s rights, privileges, or living arrangement in retaliation for that resident, his or her representative, or the Long-Term Care Ombudsman having exercised a right conferred by District or federal law, court order, or order of the Mayor. In any action brought under subsection (a) of this section alleging retaliation, there shall be a presumption, rebuttable by a showing of clear and convincing evidence, that conduct is retaliatory if an owner, licensee, administrator, or facility employee attempts to discharge, transfer, or relocate a resident within 6 months after that resident or his or her representative:
  (1) Files an action for relief under this subchapter;
  (2) Files a petition for the appointment of a receiver or monitor under subchapter II of this chapter or otherwise participates in receivership or monitor proceedings against the facility;
  (3) Exercises a right to a hearing under subchapter III of this chapter ; or
  (4) Makes an oral or written complaint against the facility or its owner, licensee, administrator, or staff to an agency or official of the District government, a representative from the Long-Term Care Ombudsman program, the owner, licensee, or administrator of the facility, or an employee of the facility.
(c) The defendant in an action brought under this section may plead as an affirmative defense that he, she, or it exercised reasonable care to prevent the injury for which liability is asserted; provided, however, that the adoption of policies and procedures to effect compliance with District law shall not alone be sufficient evidence to show the exercise of reasonable care.
(d) The first $3,000 of a damages award recovered by a resident in any action brought under this section shall be excluded from consideration when determining that resident’s eligibility for Medicaid, the amount of assistance he or she is entitled to under Medicaid, or his or her assets that the District may subject to a lien, setoff, or other legal process for the purpose of satisfying any indebtedness created by the receipt of Medicaid or other public assistance payments.
D.C. Code § 44-1103.01 — DC Code / Title 44 / Chapter 11 / § 44-1103.01
§ 44-1103.01. Easy out retirement incentive program and early out retirement incentive program.
Status: repealed

Repealed.
D.C. Code § 44-1051.16 — DC Code / Title 44 / Chapter 10A / § 44-1051.16
§ 44-1051.16. Inspections and enforcement.
Status: in_force

(a) To verify compliance with this chapter or with regulations promulgated pursuant to this chapter, the Department is authorized to conduct inspections of a nurse staffing agency’s offices and operations, and to obtain records and other documentation from a nurse staffing agency.
(b) In the course of conducting an inspection of a nurse staffing agency, the Department shall investigate:
  (1) Whether all of the nursing personnel provided by the agency to health care facilities or agencies, for the purpose of rendering temporary nursing personnel within the District of Columbia are currently licensed by the Board or certified by the Department, as required; and
  (2) Whether the nurse staffing agency has developed, documented, and implemented the procedures required by § 44-1051.15 .
(c) If the Department ascertains that any of the nursing personnel provided by a nurse staffing agency are not licensed or certified, as required, or that the agency has not developed, documented, and implemented the procedures required by § 44-1051.15 , the Department shall take such corrective or enforcement action authorized by this chapter or by regulations promulgated pursuant to this chapter as it deems appropriate.
D.C. Code § 44-1507 — DC Code / Title 44 / Chapter 15 / § 44-1507
§ 44-1507. Provisions effective throughout District.
Status: in_force

The provisions of §§ 44-1501 to 44-1507 shall be general within the boundaries of the District of Columbia.
D.C. Code § 44-531.01 — DC Code / Title 44 / Chapter 5 / § 44-531.01
§ 44-531.01. Purpose and scope.
Status: in_force

The purpose of this subchapter is to require licensure of all facilities, except as provided in § 44-531.02 , in which surgical procedures are performed on persons who are not admitted as inpatients to a hospital, and to provide minimum standards for the establishment and maintenance of such facilities.
D.C. Code § 44-103.02 — DC Code / Title 44 / Chapter 1 / § 44-103.02
§ 44-103.02. Initial ALR licensure.
Status: in_force

(a) Applications for licensure shall be made in writing on a form or forms prescribed by the Mayor at least 60 days prior to the date needed.
(b) An applicant for ALR licensure shall pay a licensure fee as determined by the Mayor.
(c) An ALR license issued by the Mayor shall state the effective date and expiration date of the license and maximum number of residents allowed to reside in the ALR.
(d) An application for an ALR license shall include the following information:
  (1) Identification of the owner and documentation supporting the fact that the ALR is owned or otherwise under the control of the applicant;
  (2) Identification of the ALA and information concerning the ALA’s qualifications;
  (3) Criminal background check information pursuant to subchapter II of Chapter 5 of this title ;
  (4) Documentation and explanation of any prior denial, suspension, or revocation of license to provide care to third parties;
  (5) Location of the ALR;
  (6) Statement of program;
  (7) Proof of solvency;
  (8) Proof of insurance coverage;
  (9) Statement of services to be offered;
  (10) Maximum number of residents planned;
  (11) Verification that the real property where the ALR is located is owned, leased, or otherwise under the control of the applicant; and
  (12) Structure of applicant’s organization and names of board members and officers.
(e) (1) The Mayor shall conduct an initial pre-licensure inspection of the premises of the ALR and of its records.
  (2) An applicant for licensure shall provide the following information at the time of the pre-licensure inspection:
    (A) Certificate of occupancy;
    (B) Disaster plan;
    (C) Staffing plan;
    (D) Resident funds management system;
    (E) Medication management system;
    (F) Individual Service Plan policy and procedures;
    (G) Admission, transfer, and discharge policies;
    (H) Resident agreements, both financial and nonfinancial;
    (I) Location of the ALR;
    (J) Maximum number of residents to be served;
    (K) Program statement;
    (L) Proof of solvency; and
    (M) Other reasonably relevant information required by the Mayor.
(f) Based on information obtained during the pre-licensure inspection required by subsection (e) of this section, the Mayor shall either approve the application unconditionally for 12 months or deny the application.
(g) The Mayor shall re-inspect an ALR within 6 months of the effective date of the initial licensure.
D.C. Code § 44-1706 — DC Code / Title 44 / Chapter 17 / § 44-1706
§ 44-1706. Report of contributions secured.
Status: in_force

Each registrant shall, within 30 days after the period for which a certificate of registration has been issued, and within 30 days after a demand therefor by the Mayor, file a report with the Mayor, stating the contributions secured as a result of any solicitation authorized by such certificate and in detail all expenses of or connected with such solicitation, and showing exactly for what use and in what manner all such contributions were or are intended to be dispensed or distributed.
D.C. Code § 44-1005.01 — DC Code / Title 44 / Chapter 10 / § 44-1005.01
§ 44-1005.01. Rules.
Status: in_force

The Mayor may issue rules, pursuant to subchapter I of Chapter 5 of Title 2 , to carry out the purposes of this chapter.
D.C. Code § 44-1103.03 — DC Code / Title 44 / Chapter 11 / § 44-1103.03
§ 44-1103.03. Prohibition on reemployment with the District government.
Status: repealed

Repealed.
D.C. Code § 44-532.04 — DC Code / Title 44 / Chapter 5 / § 44-532.04
§ 44-532.04. Refusal to Issue or Renew License; Revocation or Suspension.
Status: in_force

(a) The Mayor may refuse to issue, or to renew, or may revoke or suspend, the license of a center for any of the following reasons:
  (1) Violation of any provision of this subchapter ;
  (2) Knowingly furnishing false or misleading information to the Mayor, or failure to furnish information requested;
  (3) Knowingly furnishing false, misleading or fraudulent information regarding the center to the public;
  (4) Imminent danger to public health or welfare;
  (5) Failure to maintain acceptable standards of cleanliness and sanitation required of surgical units.
D.C. Code § 44-2103 — DC Code / Title 44 / Chapter 21 / § 44-2103
§ 44-2103. Payments to Superintendent to be credited to appropriations for care of patients.
Status: repealed

Repealed.
D.C. Code § 44-663.14 — DC Code / Title 44 / Chapter 6A / § 44-663.14
§ 44-663.14. Quarterly notice and collection.
Status: in_force

(a) The fee imposed under § 44-663.13 shall be due and payable by the 15th of the last month of each DFY quarter.
(b) The fee imposed under § 44-663.13 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, 2016, 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 § 44-1102.20 — DC Code / Title 44 / Chapter 11 / § 44-1102.20
§ 44-1102.20. Pending administrative proceedings.
Status: repealed

Repealed.
D.C. Code § 44-662.01 — DC Code / Title 44 / Chapter 6A / § 44-662.01
§ 44-662.01. Definitions.
Status: in_force

For the purposes of this chapter, 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 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) “Inpatient net patient revenue” means the amount calculated in accordance with generally accepted accounting principles for hospitals as derived from each hospital’s filed Hospital and Hospital Health Care Complex Cost Report (Form CMS-2552-10), filed for the period ending between October 1, 2012, and June 30, 2013, using the references below:
  (A) The sum of: Worksheet G-2; Column 1; Lines 1, 2, 3, 4, 16 and 18.
  (B) Minus: The ratio of the sum of Worksheet G-2; Column 1; Lines 5, 6, and 7 divided by Worksheet G-2; Column 1; Line 17 multiplied by Worksheet G-2; Column 1; Line 18.
  (C) Divided by: Worksheet G-2; Column 3; Line 28
  (D) Multiplied by: Worksheet G-2; Column 1; Line 3
(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 § 44-664.13 — DC Code / Title 44 / Chapter 6A / § 44-664.13
§ 44-664.13. Hospital provider fee.
Status: in_force

(a) (1) Beginning October 1, 2020, and except as provided in subsection (b) of this section and § 44-664.16 , the District, through the Office of Tax and Revenue, may charge each hospital a fee based on its inpatient net patient revenue.
  (2) The fee shall be charged at a uniform rate necessary to generate no more than $8,454,038 to support inpatient Medicaid Fee-for-Service and managed care rates at the District Fiscal Year 2015 level of not less than 98% of cost to non-specialty hospitals.
  (3) The fee collected pursuant to this section shall be deposited in the Hospital Fund, established by § 44-664.12 .
(b) (1) Except as provided in paragraph (2) of this subsection, the following hospitals shall be exempt from the fee imposed under subsection (a) of this subsection:
    (A) A psychiatric hospital that is an agency or a unit of the District government; and
    (B) Howard University Hospital.
  (2) If an exemption provided to a hospital by paragraph (1) of this subsection is not approved for a provider tax waiver from the Centers for Medicare and Medicaid Services (if such waiver is determined to be necessary), the hospital shall be subject to the fee imposed under subsection (a) of this section.
(c) Repealed.
D.C. Code § 44-656 — DC Code / Title 44 / Chapter 6A / § 44-656
§ 44-656. Quarterly notice and collection.
Status: repealed

Expired.
D.C. Code § 44-301.10 — DC Code / Title 44 / Chapter 3 / § 44-301.10
§ 44-301.10. Reporting requirements.
Status: in_force

(a) Every insurer shall submit to the Director, an annual grievance report, that chronicles all grievance activity during the preceding year.  The Director shall develop a system for classifying and categorizing grievances and appeals that all insurers and independent review organizations will use when collecting, recording, and reporting grievance and appeals information. The Director shall also develop a reporting form for inclusion in the annual grievance report that shall include the following information:
  (1) The name and location of the reporting insurer;
  (2) The reporting period in question;
  (3) The names of the individuals responsible for the operation of the insurer’s grievance system;
  (4) The total number of grievances received by the insurer, categorized by cause, insurance status, and disposition;
  (5) The total number of requests for expedited review, categorized by cause, length of time for resolution, and disposition; and
  (6) The total number of requests for external review, categorized by cause, length of time for resolution, and disposition.
(b) The Director shall provide current and aggregate information about each health benefits plan’s grievance and appeals activity to the public.
(c) The Director shall develop appropriate annual reporting requirements for independent review organizations.
(d) The Director shall submit an annual report to the Council and the public concerning the status of the grievance and appeal procedures of all health benefits plans in the District, including external appeals. The report shall summarize grievances by category and by health benefits plan and shall include the number of decisions upholding and reversing each grievance and the length of time for complete resolution of the grievance. The Director shall, based upon individual cases and the patterns of grievance and appeals activity, include in the annual report recommendations concerning additional health consumer protections.
D.C. Code § 44-734 — DC Code / Title 44 / Chapter 7 / § 44-734
§ 44-734. Asbestos abatement — Appropriations.
Status: in_force

There may be appropriated out of revenues available to the District sums necessary to carry out the purposes of this subchapter.
D.C. Code § 44-108.02 — DC Code / Title 44 / Chapter 1 / § 44-108.02
§ 44-108.02. Medical, rehabilitation, and psychosocial assessment.
Status: in_force

(a) A medical, rehabilitation, and psychosocial assessment of the resident shall be completed within 30 days prior to admission.
(b) The ALR shall maintain resident information obtained from a standardized physician’s statement approved by the Mayor. The information shall include a description of the applicant’s current physical condition and medical status relevant to defining care needs, and the applicant’s psychological and cognitive status, if so indicated during the medical assessment.
(c) The assessment shall be based on an examination by the prospective resident’s primary, licensed healthcare practitioner within 30 days prior to admission. The information obtained from the examination shall include at least the following:
  (1) The individual’s medical history with a recent evaluation;
  (2) Any significant medical conditions affecting function, including the individual’s ability for self-care, cognition, behavior, and psychosocial activities;
  (3) Presence of allergies;
  (4) Confirmation that the applicant is free from communicable TB and from other active, infectious, and reportable communicable diseases;
  (5) Current medication profile and projected and other needed medications, treatments and service; review of nonprescription drugs and review of possible  adverse interactions;
  (6) Current dietary needs and restrictions;
  (7) Medically necessary limitations or precautions; and
  (8) Monitoring or tests that may need to be performed or followed up after admission.
D.C. Code § 44-663.16 — DC Code / Title 44 / Chapter 6A / § 44-663.16
§ 44-663.16. Federal determinations; suspension and termination of assessment.
Status: in_force

(a) If the Centers for Medicare and Medicaid Services determines that an assessment imposed on a hospital pursuant to this subchapter does not satisfy the requirements for federal financial participation set forth in section 1903(w) of the Social Security Act, that determination shall not affect the validity, amount, applicable rate, or any other terms of an assessment on other hospitals imposed by this subchapter .
(b) If the Centers for Medicare and Medicaid Services determines that an exclusion for specialty hospitals under this subchapter would prevent an assessment imposed by this subchapter from qualifying as a broad-based health care related tax, as that term is defined in section 1903(w)(3)(B) of the Social Security Act, the exclusion of specialty hospitals shall not be made.
D.C. Code § 44-951.04 — DC Code / Title 44 / Chapter 9A / § 44-951.04
§ 44-951.04. Board of Directors.
Status: in_force

(a) (1) (A) The Corporation shall be governed by a Board of Directors, which shall consist of 13 members, 11 of whom shall be voting members and 2 of whom shall be non-voting members.
    (B) Of the voting members, the Mayor shall appoint 6 members, with the advice and consent of the Council, and the Council shall appoint 3 members.
    (C) The Chief Financial Officer of the District of Columbia, or his or her designee, and a representative of the entity maintaining the largest collective bargaining agreement with the Corporation, with that representative not being an employee of the Corporation, shall serve as voting ex officio members.
    (D) The Chief Executive Officer of the Corporation and the Chief Medical Officer of the Corporation shall serve as non-voting ex officio members.
  (2) Members shall have business or management expertise in health-systems management or integrated care-delivery systems or experience as a:
    (A) Practicing physician;
    (B) Nursing executive;
    (C) Finance officer;
    (D) Labor manager; or
    (E) Contract manager.
(b) (1) The terms of the voting members of the initial Board shall be as follows:
    (A) Two members appointed by the Mayor and one member appointed by the Council shall serve 3-year terms;
    (B) Two members appointed by the Mayor and one member appointed by the Council shall serve 2-year terms; and
    (C) Two members appointed by the Mayor and one member appointed by the Council shall serve one-year terms.
  (2) All subsequent voting-member appointees shall serve 3-year terms.
(c) The Mayor shall submit the names of the Mayor’s nominees to the Council within 10 days of July 7, 2010, for a 45-day period of review. If the Council does not approve or disapprove the nomination, by resolution, within the 45-day review period, the nomination shall be deemed approved.
(d) No fewer than 90 days before the expiration of a member’s term, the Mayor shall submit to the Council the name of a nominee to fill the vacancy. When a vacancy occurs for any reason other than expiration of a term, the Mayor shall submit the name of a nominee to the Council within 45 days after the vacancy occurs for a 45-day period of review. If the Council does not approve or disapprove the nomination, by resolution, within the 45-day review period, the nomination shall be deemed approved. A member appointed to fill a vacancy for an unexpired term shall serve only for the unexpired portion of the term, unless the member is reappointed for a new term.
(e) A Board member whose term has expired may continue to serve until a new member is appointed or for 180 days, whichever first occurs.
(f) The Mayor shall designate a chairperson from among the members who shall serve in that capacity at the pleasure of the Mayor.
(g) A Board member shall not be entitled to compensation but may be reimbursed for actual and necessary expenses incurred for performing his or her official duties. Unless prohibited by law, a Board member may engage in private employment, a profession, or a business.
(h) A Board member shall not be held personally liable for an action taken in the course of his or her official duties and responsibilities.
(i) The Mayor shall remove any Board member for misconduct or neglect of duty, as defined in the Corporation’s bylaws, or for other good cause, after notice to the Board member and the Board.
(j) The Mayor shall immediately suspend any Board member charged with a misdemeanor or felony and shall remove the Board member if the member is found guilty of the charge.
(k) The Board shall maintain regular contact with the Director of the Department of Health, or successor agency, and shall meet with the Director upon the Director’s request.
(l) (1) Subsections (a), (b), (c), (d), (e), and (f) of this section shall expire if:
    (A) By September 15, 2019, the Board does not adopt a revised budget for Fiscal Year 2020 that has been certified by the Chief Financial Officer of the District of Columbia as being balanced with a District operating subsidy of $22.14 million or less;
    (B) At any time in Fiscal Year 2020, an annual subsidy of more than $22.14 million is required;
    (C) At any time during Fiscal Year 2021 through Fiscal Year 2024, a District annual operating subsidy of more than $15 million per fiscal year is required; or
    (D) At any time after September 30, 2024, a District annual operating subsidy of more than $26 million per fiscal year is required.
  (2) The Chief Financial Officer shall file written notice with the Office of the Secretary to the Council as to whether any of the conditions set forth in paragraph (1) of this subsection has been met.
(m) If any of the conditions set forth in subsection (l)(1) of this section has been met:
  (1) The Corporation shall be governed by a Fiscal Management Board, which shall serve as a control board, consisting of 9 members, 7 of whom shall be voting members and 2 of whom shall be non-voting members.
  (2) Voting members of the Fiscal Management Board shall include:
    (A) The Chief Financial Officer of the District of Columbia, or his or her designee, who shall serve as chair of the Fiscal Management Board;
    (B) The Deputy Mayor for Health and Human Services, or his or her designee;
    (C) One citizen member from either Ward 7 or Ward 8, appointed by the Mayor, who has experience in public health or health care delivery;
    (D) A citizen member, appointed by the Mayor, who has experience serving as the City Administrator of the District of Columbia;
    (E) An individual with expertise in hospital management or finance, appointed by the Mayor; and
    (F) One representative from each of the 2 unions, selected by each representative union, maintaining the largest collective bargaining units at United Medical Center.
  (3) The Chief Executive Officer of the Corporation and the Chief Medical Officer of the Corporation shall serve as non-voting ex officio members.
  (4) Members of the Fiscal Management Board shall serve until September 30, 2025, the operations of the hospital have been dissolved, or such time as the Board is reinstated by an act of the Council.
  (5) The member listed in paragraph (2)(E) of this subsection shall not be a member of the Board of the Corporation as constituted on May 1, 2021.
  (6) In general, each voting member of the Fiscal Management Board shall:
    (A) Have experience, knowledge, and expertise in finance, management, and the organization or operation of a business or government;
    (B) Not be an individual who provides goods or services to the Corporation, or be employed by an entity that provides goods or services to the Corporation, and is not the spouse, parent, child, or sibling of an individual who provides goods and services to the Corporation; and
    (C) Maintain a primary residence or a primary place of business in the National Capital Region.
D.C. Code § 44-1001.01 — DC Code / Title 44 / Chapter 10 / § 44-1001.01
§ 44-1001.01. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Administrator” means the person who is responsible for the day-to-day operation and management of a facility, including, in the case of a community residence facility, the Residence Director of the facility.
(2) “Affiliate” means:
  (A) With respect to a partnership, each partner;
  (B) With respect to a corporation, each officer and director and each stockholder who directly or indirectly owns or controls 10% or more of any class of securities issued by the corporation; and
  (C) With respect to an individual:
    (i) Each parent, child, grandchild, spouse, sibling, first cousin, aunt, and uncle of the individual, whether the relationship arises by blood, marriage, or adoption;
    (ii) Each partnership in which the individual or an affiliate of the individual is a partner, and each other partner in that partnership; and
    (iii) Each corporation in which the individual or an affiliate of the individual is an officer, director, or stockholder who directly or indirectly owns or controls 10% or more of any class of securities issued by the corporation.
(2A) “Assisted Living Residence” shall have the same meaning as given the term in § 44-102.01(4) .
(3) “Community residence facility” means that term as it is defined in § 44-501(a)(4) .
(4) “Court” means the Superior Court of the District of Columbia.
(5) “District” means the District of Columbia.
(6) “Facility” means a nursing home, Assisted Living Residence, or community residence facility operating in the District.
(7) “Long-Term Care Ombudsman” means the person designated under 42 U.S.C. § 3027(a)(12) to perform the mandated functions of the Long-Term Care Ombudsman program in the District.
(8) “Nursing home” means that term as it is defined in § 44-501(a)(3) .
(9) “Person” means an individual or individuals, an agency, a corporation, a partnership, the District government, or any other organizational entity.
(10) “Resident” means a resident of a facility.
(11) “Resident’s representative” means:
  (A) Any person who is knowledgeable about a resident’s circumstances and has been designated by that resident to represent him or her;
  (B) Any person other than a facility who has been appointed by a court either to administer a resident’s financial or personal affairs or to protect and advocate for a resident’s rights; or
  (C) The Long-Term Care Ombudsman or his or her designee, if no person has been designated or appointed in accordance with subparagraphs (A) and (B) of this paragraph.
D.C. Code § 44-416 — DC Code / Title 44 / Chapter 4 / § 44-416
§ 44-416. Violations and penalties for noncompliance.
Status: in_force

(a) It shall be unlawful for any person to proceed with any project which under this chapter would require a certificate of need without applying for and obtaining a certificate of need.
(b) The Office of [the] Attorney General for the District of Columbia may seek injunctive relief from a court of competent jurisdiction when it determines that a person is offering, developing, or operating a HCF or service in violation of this chapter.
(c) Any person, including the principal officers or agents of a corporation or association, who violates this chapter, or the rules issued pursuant to this chapter, by the willful failure to obtain a certificate of need, deviates from the provisions of a certificate of need, or beginning or continuing construction or initiating a new or expanded service after expiration of a certificate of need shall, upon conviction, be subject to a fine of not less than $500 and not more that $2,500. Each day of a continuing violation shall constitute a separate offense.
(d) Any person, including the principal officers or agents of a corporation or association, who knowingly fails to provide, or knowingly withholds, or intentionally provides misleading information required by this chapter, or the rules issued pursuant to this chapter, upon conviction, shall be subject to a fine of not less than $500 and not more than $2,500, or 10 days imprisonment, or both. Each day of a continuing violation shall constitute a separate offense.
(e) The SHPDA may, following a public hearing to ascertain the facts, withdraw a current certificate of need held by any person which the SHPDA finds has violated any provision of this chapter, or the rules issued pursuant to this chapter, regardless of the initiation of any criminal prosecution, suit for injunctive relief, or imposition of civil fine, penalty, or fee.
(f) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter or any rules issued under the authority of this chapter, pursuant to Chapter 18 of Title 2 .
(g) The SHPDA shall, by rule, list each type of violation of this chapter which constitutes an infraction as described and shall list the fine, penalty, or fee to be imposed on a person for the first and for each subsequent violation.
D.C. Code § 44-533.03 — DC Code / Title 44 / Chapter 5 / § 44-533.03
§ 44-533.03. Staffing.
Status: in_force

Each center shall have an administrator and a medical director. The director must be a physician licensed to practice the healing art in the District of Columbia. There shall be sufficient professional staff to perform services for which the center is licensed in conformity with generally accepted standards of good medical practice. No clinical procedure may be performed unless sufficient professional staff is on duty to both carry out the procedure and render any emergency services that may be needed, including, if necessary, accompanying the patient to a hospital.
D.C. Code § 44-235 — DC Code / Title 44 / Chapter 2A / § 44-235
§ 44-235. Rules.
Status: recodified

Recodified as § 7-2371.05 .
D.C. Code § 44-1402 — DC Code / Title 44 / Chapter 14 / § 44-1402
§ 44-1402. Control and supervision; name.
Status: in_force

The institution for the custody, care, education, training, and treatment of persons with intellectual disabilities, established by § 44-1401 , shall be under the control and supervision of the Department of Human Services of the District, and shall be known as Forest Haven.
D.C. Code § 44-532.05 — DC Code / Title 44 / Chapter 5 / § 44-532.05
§ 44-532.05. Notice and hearings.
Status: in_force

When the Mayor determines that there are grounds for denial, suspension or revocation of a license under this subchapter , the Mayor shall serve upon the applicant or licensee a written notice of the proposed action, informing the applicant or licensee of his right to request, within 7 days from service of notice, a hearing before the Mayor at which time the applicant or licensee may show cause why his application for a license or renewal of his license should not be denied or his license not suspended or revoked. The notice to the applicant or licensee shall also specify what action, whether it be denial, suspension or revocation, is contemplated, the grounds therefor, and that such proposed action shall be taken in no hearing is requested.
D.C. Code § 44-951.06 — DC Code / Title 44 / Chapter 9A / § 44-951.06
§ 44-951.06. Powers of the Corporation.
Status: in_force

The Corporation shall have the power to:
(1) Sue and be sued in its corporate name;
(2) Adopt a corporate seal and alter the seal at its pleasure;
(3) Adopt, amend, and repeal bylaws governing the manner in which it may conduct business and how the powers vested in it may be exercised;
(4) Borrow money for any of its corporate purposes pursuant to § 44-951.05 and as may be permitted under Chapter 2 of Title 1 , and other laws of the District; provided, that the Corporation’s debts shall not be subject to and shall not be backed by the full faith and credit of the District of Columbia;
(5) Provide for the payment of obligations as may be permitted under Chapter 2 of Title 1 and other laws of the District;
(6) Establish polices for contracting and procurement that are consistent with the principles of competitive procurement and, subject to District law, make and execute contracts, leases, and all other agreements or instruments necessary and appropriate for the exercise of its powers and the fulfillment of its corporate purposes;
(7) Subject to Council approval by resolution, acquire, construct, and dispose of real or personal property of every kind, including a health-care facility or an interest in a health-care facility for its corporate purposes;
(8) Operate, manage, superintend, maintain, repair, equip, and control a health-care facility under its jurisdiction, including seeking all necessary licenses, certifications, or other permits and establishing and collecting fees, rentals, or other charges, including reimbursement allowances for the sale, lease, or sublease of any health-care facility;
(9) Provide health and medical services to the public directly or by agreement with a person, firm, or private or public corporation or association;
(10) Establish policies governing admissions and health and medical services and fees and other charges, including reimbursement allowances for providing health and medical services;
(11) Provide and maintain resident physician and intern medical services, as appropriate, and sponsor and conduct research, development, planning, evaluation, educational, and training programs, as appropriate;
(12) Provide additional services and adopt a schedule of appropriate charges for additional services consistent with its corporate purposes;
(13) Employ officers, executives, and management personnel who may formulate or participate in the formulation of the plans, policies, and standards or who may administer, manage, or operate the Corporation, fix their qualifications, and prescribe their duties and other terms of employment, compensation, and benefits; except, that such personnel shall be excluded from collective bargaining representation and employ other personnel as may be necessary;
(14) Subject to the requirements of §§ 1-329.01 and 1-204.46b , apply for and receive donations, gifts, grants of money, real and personal property, services, or other aid;
(14A) Issue grants to promote healthcare programs, policies, and awareness;
(15) Maintain or purchase insurance, including errors and omissions insurance, for the Board and officers of the Corporation, or obtain indemnification against losses or liabilities of the Corporation;
(16) Enter into agreements with another organization, public or private, for goods and services as needed for its corporate purposes;
(17) Request and recommend that the Chief Financial Officer of the District of Columbia invest the Corporation’s funds and make recommendations to the Chief Financial Officer of the District of Columbia how to administer funds;
(18) Retain or employ auditors, engineers, and private consultants by contract for rendering professional, management, or technical services and advice;
(19) Subject to District law, engage in a joint venture and participate in a network, alliance, consortium pool, or other cooperative arrangement with a public or private entity; and
(20) Do any and all things necessary and proper to carry out its corporate purposes.
D.C. Code § 44-106.06 — DC Code / Title 44 / Chapter 1 / § 44-106.06
§ 44-106.06. Resident records.
Status: in_force

A record shall be maintained for every resident and include the following:
(1) The resident agreement required by this subchapter, including the   “Resident’s Rights” statement and any additional agreements;
(2) The functional assessment of ADLs;
(3) A physician’s statement, including medical orders and rehabilitation  plans;
(4) The ISP and any revisions thereto;
(5) All shared responsibility agreements; and
(6) Any note and comments added to the record by the ALR.
D.C. Code § 44-1501 — DC Code / Title 44 / Chapter 15 / § 44-1501
§ 44-1501. Incorporation; name.
Status: in_force

N. P. Chipman, J. P. Newman, B. Peyton Brown, John A. L. Morrell, Mathew G. Emery, Joseph H. Bradley, senior, William R. Woodward, E. Whittlesey, Warren Choate, Andrew B. Duvall, A. S. Solomons, W. G. Metzerott, Alexander R. Shepperd, S. J. Bowen, H. M. Sweeney, Benjamin E. Gittings, William Tucker, Charles H. Lane, W. Burris, William McPheeters, E. F. N. Faehtz, J. L. Gatchel, John R. Elvans, Edgar I. Booraem, L. H. Hopkins, Thomas P. Keene, W. D. Blackford, F. H. Day, J. Sayles Brown, William Lanborn, E. L. Corbin, N. A. West, John R. Arrison, W. A. Farlee, Benjamin F. Fuller, Robert A. Slater, Alonzo Bell, A. T. Kinney, John J. Jett, A. M. Scott, A. C. White, A. E. Newton, A. S. Taylor, William H. Rowe, Robert Reyburn, W. H. Slater, John C. Parker, William J. Wilson, S. S. Baker, A. Jones, S. R. Bond, John F. Cook, D. W. Anderson, George A. Hall, Charles H. Moulton, John Edwin Mason, Allison Nailor, junior, David A. Burr, T. C. Grey, R. H. Marsh, Thomas Perry, George F. Gulick, and Theodore F. Gatchel, all of the District of Columbia, and such other persons as were associated with them in conformity to this chapter, and their successors duly chosen, were constituted and created a body corporate in the District of Columbia, to be known as the Washington Humane Society.
D.C. Code § 44-1051.13 — DC Code / Title 44 / Chapter 10A / § 44-1051.13
§ 44-1051.13. Services by unauthorized personnel prohibited.
Status: in_force

A nurse staffing agency shall not knowingly provide nursing personnel to a health care facility or agency for the purpose of rendering temporary nursing personnel within the District of Columbia, if the nursing personnel being provided is not authorized to provide services as a Licensed Practical Nurse or as a Registered Nurse in accordance with Chapter 12 of Title 3 , or is not authorized to provide services as a Certified Nurse Aide in accordance with Chapter 32 of Title 29 of the District of Columbia Municipal Regulations.
D.C. Code § 44-1814 — DC Code / Title 44 / Chapter 18 / § 44-1814
§ 44-1814. Moratorium on applications.
Status: repealed

Repealed.
D.C. Code § 44-110.11 — DC Code / Title 44 / Chapter 1 / § 44-110.11
§ 44-110.11. Special requirements for ALRs with 17 beds or more.
Status: in_force

(a) An ALR that provides sleeping accommodations for more than 16 residents shall comply with this subchapter.
(b) The ALR may be free-standing or a distinct part of an institutional occupancy.
(c) The ALR shall be responsible for providing or coordinating personalized care to individuals who reside in their own living units (which may include dually occupied units) which may or may not include a kitchenette or living rooms and which contain bedrooms.
(d) Living units may or may not include bathrooms; except that, no more than 4 residents shall share a common bathroom. Shared bathrooms shall be in close proximity and on the same floor as living units or bedrooms.
(e) Living units or bedrooms may be locked at the discretion of the residents, except when the resident’s assessment documents indicate otherwise.
(f) An ALR shall have a central dining room, living room or parlor, and common activity center (which may also serve as living rooms or dining rooms).
(g) An ALR providing 17 beds or more shall be in compliance with section 512 of Title 12 of the District of Columbia Municipal Regulations, making the facility accessible to residents with physical disabilities and aged residents.
(h) An ALR shall ensure that all food is prepared and served in accordance with Chapters 20 through 24 of Title 23 of the District of Columbia Municipal Regulations and shall organize plumbing facilities to insure that food is processed and served so as to be safe for human consumption.
D.C. Code § 44-665.04 — DC Code / Title 44 / Chapter 6A / § 44-665.04
§ 44-665.04. Federal Determination; Suspension and Termination of Assessment; and Applicability of fees.
Status: in_force

(a) The fee imposed by § 44-665.03 shall apply as of October 1, 2024.
(b) The fee imposed by § 44-665.03 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 the payments under § 44-665.05 are not eligible for federal matching funds or if the fee is determined to be an impermissible tax under section 1903(w) of the Social Security Act, approved July 30, 1965 (79 Stat. 349; 42 U.S.C. § 1396b(w)).
(c) The Department shall work with District hospitals and the District of Columbia Hospital Association to create a plan to address needs in the community, including:
  (1) Maternal and child health outcomes;
  (2) Discharge for long term care and transitions of care plans;
  (3) Substance use; and
  (4) Workforce pipelines.
D.C. Code § 44-409 — DC Code / Title 44 / Chapter 4 / § 44-409
§ 44-409. Adoption of procedures and criteria for review by the SHPDA governing application and review.
Status: in_force

(a) All applications for a certificate of need shall be reviewed by the SHPDA.
(b) Existing procedures and criteria in effect on April 9, 1997, are valid insofar as they are not inconsistent with this chapter, until new rules of procedures and criteria are adopted.
(c) In accordance with § 44-421 the SHPDA shall establish, adopt, and publish procedures and criteria for the review of certificate of need applications, for new or renewal applications, for expedited administrative review, or for exemptions from review.
(d) (1) An application for a certificate of need shall be considered complete unless the SHPDA determines, within 15 days, excluding Saturdays, Sundays, and legal holidays, after receipt of an application, that the application is not complete and requests additional information which is relevant and necessary for the application to be complete. The application shall be considered complete upon the SHPDA’s receipt of the applicant’s response to any such request.
  (2) The SHPDA shall issue its determination on an application for a certificate of need within 90 days after the date that the review process begins. If the SHPDA cannot issue its determination within that period, the review period may be extended for one additional period of 30 days.
(e) The SHPDA shall provide the applicant, the SHCC, and all previously appearing parties with a detailed explanation of any decision.
(f) (1) The general public shall have access to all applications reviewed by the SHPDA and all other written materials essential to SHPDA’s review contained in the SHPDA’s files, except that the SHPDA shall establish a procedure to restrict access of the general public from portions of applications or supporting documents which contain detailed descriptions of security systems, medical record systems, controlled storage systems or proprietary financial information. The SHPDA is authorized to charge reasonable fees for the costs of providing to the public documents covered under this subsection.
  (2) The Department shall post on its website a list of complete certificate of need applications received by the SHPDA in the previous 3 years, including the name of the applicant, a brief description of the proposed new health care entity or service, and the SHPDA's determination regarding the application.
(g) In issuing a certificate of need, the SHPDA shall specify in the certificate the maximum amount of capital expenditures which may be obligated under the certificate. The SHPDA shall prescribe the extent to which a project authorized by a certificate of need shall be subject to further review if the amount of capital expenditures obligated or expected to be obligated for the project exceeds the maximum specified in the certificate of need.
(h) The SHPDA may impose a condition upon the grant of a certificate of need if it is necessary to meet a criterion or standard previously adopted and published by the SHPDA. The SHPDA shall modify or remove a condition upon application at any time by the holder of the certificate of need or other person if the circumstances upon which the condition is premised change and no longer justify the condition, or if the condition, for any other reason, is no longer appropriate.
(i) (1) There shall be no ex parte contacts:
    (A) In the case of an application for a certificate of need, between the applicant for a certificate of need, any person in favor of or opposed to the issuance of a certificate of need for the applicant, and any person in the SHPDA who exercises any responsibility with respect to the application after the commencement of the hearing on the applicant’s application and before a decision is made with respect to the applicant; or
    (B) In the case of a proposed withdrawal of a certificate of need, between the holder of the certificate of need, any person acting on behalf of the holder, or any person in favor of or opposed to the withdrawal and any person in the SHPDA who exercises any responsibility with respect to the application after the commencement of the hearing on the applicant’s application and before a decision is made with respect to the application.
  (2) In the case where no public hearing on the application has been requested, the period of prohibition of ex parte contacts shall begin upon the adjournment of any meeting convened by the SHCC at which the application is considered. Whether or not a hearing has been held, information presented at such meeting shall not be considered ex parte contacts if the meeting chairperson affords an opportunity for rebuttal. If there is to be no hearing or public meeting, the period of prohibition of ex parte contacts shall begin upon the SHPDA’s determination to conduct a type of review for which no public meeting or hearing will be held.
(j) No certificate of need holder shall begin operation of the bed, facility, or health service approved in the certificate of need until the SHPDA has conducted a review to determine compliance with the certificate of need requirements. If the SHPDA does not make a finding of noncompliance within 30 days of receiving notification from the certificate of need holder of its intent to begin operation, the SHPDA shall be deemed to have determined compliance.
(k) SHPDA shall require that all prospective certificate of need applicants certify, in writing, that for the five-year period following the award of the certificate of need 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 2 fiscal years immediately preceding the review of an application for a certificate of need pursuant to this section.
D.C. Code § 44-2012 — DC Code / Title 44 / Chapter 20 / § 44-2012
§ 44-2012. Administrative appeal.
Status: repealed

Repealed.
D.C. Code § 44-209 — DC Code / Title 44 / Chapter 2 / § 44-209
§ 44-209. Proficiency testing programs.
Status: in_force

(a) Each clinical laboratory shall participate in a proficiency testing program approved by the Mayor.
(b) A proficiency testing program shall include at least 3 proficiency testing events per year, performed at approximately equal intervals. Each testing event shall include at least 5 samples. Proficiency testing shall be conducted for each category of tests for which the clinical laboratory has obtained a license. If there is no sample available for evaluation during a testing event for a particular category of laboratory tests, the clinical laboratory must devise a system for self-evaluation of this category of tests. The system for self-evaluation shall be approved by the Mayor and performed at least twice per year.
(c) The clinical laboratory shall demonstrate continuing satisfactory performance in the proficiency testing program. Continuing satisfactory performance shall include:
  (1) A determination of a satisfactory level of overall performance on each quarterly proficiency test; or
  (2) A determination of a substandard level of overall performance on 1 quarterly proficiency test, followed by completion of an approved course of education in proper laboratory techniques and procedures, and a satisfactory level of overall performance on the next quarterly proficiency test.
(d) Proficiency testing programs shall report the results of each proficiency test to the Mayor. Upon receipt of a determination of a substandard level of overall performance, the Mayor shall, within 30 days, inspect the clinical laboratory at any time during normal operating ours. For the purpose of this section, a substandard level of overall performance shall include intentional nonperformance.
(e) Upon completion of the inspection, the Mayor shall determine if any deficiencies exist. Upon an affirmative determination of any deficiency, the Mayor shall notify the laboratory director or the designated supervisory physician in writing of the deficiencies. The clinical laboratory shall submit a written plan to correct the deficiencies and an appropriate course of remedial education and dates by which the corrections shall be made to the Mayor within 30 days of the receipt of the notice of the deficiencies.
(f) If the clinical laboratory does not submit a plan for corrective action that is approved by the Mayor, or if a clinical laboratory is determined by the Mayor after a subsequent inspection not to have corrected the deficiencies as specified in the plan by the expiration dates in the plan, the Mayor may take action to revoke, suspend, or limit the laboratory license pursuant to § 44-212 .
(g) The analyses and reports of a proficiency testing program may be considered by the Mayor in proceedings under § 44-213 .
D.C. Code § 44-665.08 — DC Code / Title 44 / Chapter 6A / § 44-665.08
§ 44-665.08. Rules.
Status: in_force

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 , may issue rules to implement the provisions of this subchapter .
D.C. Code § 44-1911 — DC Code / Title 44 / Chapter 19 / § 44-1911
§ 44-1911. Establishment.
Status: repealed

Repealed.
D.C. Code § 44-610 — DC Code / Title 44 / Chapter 6 / § 44-610
§ 44-610. Rules.
Status: in_force

The requirements of this chapter shall become fully operative on October 23, 1997, without adoption by the Attorney General for the District of Columbia of implementing regulations. In its discretion, the Attorney General for the District of Columbia may issue emergency or proposed rules to implement the provisions of this chapter. The proposed rules, if issued, 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 within the 45-day period, the proposed rules shall be deemed approved.
D.C. Code § 44-709 — DC Code / Title 44 / Chapter 7 / § 44-709
§ 44-709. Mayor to visit, investigate and report on certain charitable institutions.
Status: in_force

The Mayor of the District of Columbia is required to visit and investigate the management of all institutions of charity within the District which may be appropriated for out of the District revenues, in whole or in part, and shall require an itemized report of receipts and expenditures to be made to him, to be transmitted with his annual report to Congress, which report shall also include such recommendations as the Mayor may deem proper concerning the necessity for such institutions, together with a plan for their organization and management, and estimates of appropriations necessary for their maintenance.
D.C. Code § 44-2017 — DC Code / Title 44 / Chapter 20 / § 44-2017
§ 44-2017. Moratorium on applications.
Status: repealed

Repealed.
D.C. Code § 44-301.01 — DC Code / Title 44 / Chapter 3 / § 44-301.01
§ 44-301.01. Definitions.
Status: in_force

For the purposes of this chapter, the term
(1) “Adverse benefit determination” means a denial, reduction, limitation, termination, failure to make a payment for a benefit, or a delay of a benefit to a member, regarding determinations about:
  (A) The medical necessity, appropriateness, or level of care, or health care setting;
  (B) Whether a benefit is experimental or investigational;
  (C) A decision to rescind coverage;
  (D) A member’s eligibility to participate in a plan;
  (E) Whether a wellness incentive has been properly applied; or
  (F) Whether the member was given a reasonable alternative standard for satisfying a wellness plan when required.
(1A) “Appeal” means a written request by a member or a member representative for a review of an adverse benefit determination.
(1B) “Director” means the Director of the Department of Health Care Finance.
(2) “Emergency medical condition” means a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in:
  (A) Placing the health or mental health of the individual in serious jeopardy;
  (B) Serious impairment to bodily functions or mental or emotional functions;
  (C) Serious dysfunction of any bodily organ or part or mental or emotional functions; or
  (D) With respect to a pregnant woman, placing the health of the woman or her unborn child in serious jeopardy.
(3) “Grievance” means a written request by a member or a member representative for review of a decision of an insurer to deny, reduce, limit, terminate, or delay a benefit to a member, including regarding:
  (A) A determination about the medical necessity, appropriateness, or level of care, health-care setting, or effectiveness of a treatment;
  (B) A determination as to whether treatment is experimental;
  (C) An insurer’s decision to rescind coverage;
  (D) The failure to provide or make payment that is based on a determination of a member’s eligibility to participate in a plan;
  (E) Whether a wellness incentive has been properly applied; and
  (F) Whether the member was given a reasonable alternative standard for satisfying a wellness plan when required.
(4) “Grievance decision” means a determination accepting or denying the basis or requested remedy of the grievance.
(5) “Health benefits plan” means a group or individual insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or similar group arrangement provided by an insurer or subcontracting facility of an insurer for the purpose of providing, paying for, or reimbursing expenses for health related services. “Health benefits plan” does not include disability income or accident only insurance.
(6) “Health care services” means items or services provided under the supervision of a physician or other person trained or licensed to render health care necessary for the prevention, care, diagnosis, or treatment of human disease, pain, injury, deformity or other physical or mental condition including the following: pre-admission, outpatient, inpatient, and post-discharge care; home care; physician’s care; nursing care; medical care provided by interns or residents in training; other paramedical care; ambulance service and care; bed and board; drugs; supplies; appliances; equipment; laboratory services; any form of diagnostic imaging or therapeutic radiological services; and services mandated under Chapter 31 of Title 31 .
(7) “Independent review organization” means an impartial, certified health entity engaged by the Director to review any adverse grievance decision by an insurer, including an insurer’s decision to deny, terminate, or limit covered health care services.
(8) “Insurer” means any individual, partnership, corporation, association, fraternal benefit association, hospital and medical services corporation, health maintenance organization, or other business entity that issues, amends, or renews group or individual health insurance policies or contracts, including health maintenance organization membership contracts in the District.
(9) “Member” means an individual who is enrolled in a health benefits plan.
(10) “Member representative” means a:
  (A) Person acting on behalf of a member with the member’s consent;
  (B) Person authorized by law to provide substituted consent for a covered person;
  (C) Family member of the covered person;
  (D) Covered person’s treating health care professional when the covered person is unable to provide consent; or
  (E) In the case of a request regarding an emergency or urgent medical condition, a health-care professional with knowledge of the covered person’s medical condition.
(10A) “Rescission” means a cancellation or discontinuance of coverage that has a retroactive effect (which is prohibited except in cases of fraud or intentional misrepresentation of material fact).
(11) “Urgent medical condition” means a condition with respect to which the application of time periods for making non-urgent claims decisions could seriously jeopardize the life or health of the claimant or the ability of the claimant to regain his or her maximum possible function, or, in the opinion of a physician with knowledge of the covered person’s medical condition, would subject the covered person to severe pain that could not be adequately managed without the health care services being requested.
D.C. Code § 44-1304 — DC Code / Title 44 / Chapter 13 / § 44-1304
§ 44-1304. Disposition of moneys from Industrial Home School.
Status: in_force

All moneys received at the Industrial Home School as income from sale of products and from payment of board or of instruction or otherwise shall be paid into the Treasury of the United States to the credit of the District of Columbia.
D.C. Code § 44-506 — DC Code / Title 44 / Chapter 5 / § 44-506
§ 44-506. Provisional and restricted licenses.
Status: in_force

(a) As an alternative to denial, nonrenewal, suspension, or revocation of a license when a facility or agency has numerous deficiencies or a serious single deficiency with respect to the standards to be established under § 44-504(a)(3) , the Mayor may:
  (1) Issue a provisional license if the facility or agency is taking appropriate ameliorative action in accordance with a mutually agreed upon timetable; or
  (2) Issue a restricted license that prohibits the facility or agency from accepting new patients/clients/residents or delivering certain specified services that it would otherwise be authorized to deliver, if appropriate ameliorative action is not forthcoming.
(b) As provided in § 44-505(a) , provisional licenses may be issued to new facilities and agencies in order to afford the Mayor sufficient time and evidence to evaluate whether a new facility or agency is capable of complying with the provisions of this subchapter, rules adopted pursuant to this subchapter, and other applicable provisions of law.
(c) Except as provided in subsection (f) of this section, provisional licenses may be granted for a period not exceeding 90 days, and may be renewed no more than once.
(d) Any provisional license issued pursuant to this section shall be issued as a provisional Public Health: Health Care Facility endorsement or a provisional Public Health: Human Services facility endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47 .
(e) If a facility is issued a restricted or provisional license, the Department of Health may, if appropriate, appoint a temporary manager or monitor in accordance with a mutually agreed upon timetable or until the facility becomes compliant with § 44-504(a)(3) and (h-1).
(f) (1) If a notice of closure of a health care facility or health service is denied by the State Health Planning and Developmental Agency pursuant to § 44-406(c) , the Director of the Department of Health may issue a provisional license to the health care facility or health service to continue to operate for up to 3 years.
  (2) For the purposes of this subsection, the terms "health care facility" and "health service" shall have the same meanings as provided in § 44-401(10) and (12) ), respectively.
D.C. Code § 44-414 — DC Code / Title 44 / Chapter 4 / § 44-414
§ 44-414. Judicial review of certificate of need decisions.
Status: in_force

Any person who contests the final decision on an application for a certificate of need, or for exemption from certificate of need review under this chapter, after the exhaustion of all administrative remedies, is entitled to judicial review thereof upon filing in the District of Columbia Court of Appeals a written petition for review pursuant to § 2-510 .
D.C. Code § 44-665.03 — DC Code / Title 44 / Chapter 6A / § 44-665.03
§ 44-665.03. Inpatient hospital directed payment provider fee.
Status: in_force

(a) The District may charge each hospital a fee based on its inpatient net patient revenue. The fee shall be charged at a uniform rate among all hospitals.  The rate of the fee shall be established by the Department and generate an amount equal to:
  (1) The non-federal share of the quarterly inpatient hospital directed payment, consistent with the applicable State directed payment preprint approved by the Centers for Medicare and Medicaid Services; and
  (2) The District retention.
(b) If the Department calculates the fee under subsection (a) based in part on the inpatient net patient revenue of a new hospital that has not yet filed its first Hospital and Hospital Health Care Complex Cost Report ("Form CMS-2552-10"), the Department shall, after the hospital files its first Form CMS-2552-10:
  (1) Adjust the fee retroactively based on the inpatient net patient revenue of the new hospital using the calculation provided by § 44-665.01(7)(A) ;
  (2) Bill the new hospital for any difference in amount owed, if any; and
  (3) Retroactively adjust the fees charged to all other hospitals to account for the change in the new hospital's fee obligations.
(c) (1) Except as provided in paragraph (2) of this subsection, the following hospitals shall be exempt from the fee imposed under subsection (a) of this subsection:
    (A) A psychiatric hospital that is an agency or a unit of the District government;
    (B) Howard University Hospital.
  (2) If an exemption provided to a hospital by paragraph (1) of this subsection is not approved for a provider tax waiver from the Centers for Medicare and Medicaid Services (if such waiver is determined to be necessary), the hospital shall be subject to the fee imposed under subsection (a) of this section.
D.C. Code § 44-635 — DC Code / Title 44 / Chapter 6A / § 44-635
§ 44-635. Appeals.
Status: repealed

Expired.