D.C. Code § 44-664.03 — DC Code / Title 44 / Chapter 6A / § 44-664.03
§ 44-664.03. Hospital provider fee.
Status: in_force

(a) Beginning October 1, 2019, and subject to § 44-664.04 , the District may charge each hospital a fee based on its outpatient gross patient revenue. The fee shall be charged at a uniform rate necessary to generate the following:
  (1) An amount equal to the non-federal share of the total available spending room under the outpatient Medicaid upper payment limit for private hospitals applicable to District Fiscal Year 2020, consistent with requirements and approvals from the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services; plus
  (2) An amount equal to the non-federal share of the total available spending room under the outpatient Medicaid upper payment limit for District operated hospitals applicable to District Fiscal Year 2020, consistent with the federal approval of the authorizing Medicaid State Plan amendment or associated templates and other authorities; plus
  (3) An amount equal to the Department's administrative expenses as described in § 44-664.02(c)(2) .
(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.
D.C. Code § 44-407 — DC Code / Title 44 / Chapter 4 / § 44-407
§ 44-407. Activities exempt from certificate of need review.
Status: in_force

(a) HCFs and persons proposing projects exempted from certificate of need review must file with the SHPDA a letter of notice in accordance with rules promulgated pursuant to § 44-421 .
(b) The following projects are exempt from certificate of need review:
  (1) The upgrading, maintenance, or correction of facility deficiencies that may be in violation of federal and District of Columbia fire, building, and safety codes, or that will improve patient safety related to a pending violation of federal or District of Columbia fire, building, or safety codes;
  (2) The correction of deficiencies identified by private national accrediting associations and District government licensing agencies;
  (3) Repealed.
  (4) The acquisition of the same or similar medical equipment to replace, upgrade, or expand the capacity of the equipment for which a certificate of need has been granted, if the replaced equipment is removed from service;
  (5) The acquisition of major medical equipment to be used solely for research, new institutional health services to be offered solely for research, or the obligation of a capital expenditure to be made solely for research. This provision shall not preclude a HCF from seeking reasonable reimbursement for health care services provided under this exemption;
  (6) Repealed.
  (7) Any proposal to offer or develop a new institutional health service or obligate a capital expenditure which would otherwise be subject to this section, if the purpose of the service or expenditure is to accommodate a resident to be transferred from D.C. Village;
  (8) The voluntary permanent reduction in the number in licensed bed capacity where a request for exemption is made 60 days before the reduction and the SHPDA finds that the reduction in bed capacity would not be inconsistent with the HSP;
  (9) For a period of one year, commencing on December 18, 2001, any increase in the licensed psychiatric bed capacity by a private general hospital, psychiatric hospital, other specialty hospital or rehabilitation facility holding a certificate of need to operate psychiatric beds. The health care facility shall provide the Department of Mental Health with a copy of the letter of notice required by SHPDA for projects exempt from certificate of need review;
  (10) The acquisition of major medical equipment or establishment of new institutional health services determined by the Department to be necessary for a declared public health purpose or deemed necessary by the Department to provide health care services under contract to or grant from a District of Columbia or federal agency. Participation in programs under Titles XVIII and XIX of the Social Security Act does not qualify as a District of Columbia or federal contract for purposes of this exemption;
  (11) District of Columbia public, chartered, and private schools for any health care service offered or developed for students with special needs in compliance with the Individuals with Disabilities Education Act, approved June 4, 1997 (111 Stat. 37; 20 U.S.C. § 1400 et seq.), the Rehabilitation Act of 1973, approved August 7, 1998 (112 Stat. 1092; 29 U.S.C. § 701 et seq.), or the Early and Periodic Screening, Diagnosis, and Treatment Program under Title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396 et seq.), or any other federal or District of Columbia legal requirements;
  (12) The acquisition, prior to October 1, 2003, of any single piece of diagnostic or therapeutic equipment which was acquired by lease, purchase, donation, or other comparable arrangement by or on behalf of a physician, a group of physicians, a private group practice of diagnostic radiology or radiation therapy, or a diagnostic health care facility, or the replacement of such equipment, so long as the equipment to be replaced is removed from service;
  (13) Upon October 20, 2005, any increase in the licensed psychiatric bed capacity by a private general hospital, psychiatric hospital, or other specialty or rehabilitation hospital holding a certificate of need to operate psychiatric beds; provided, that the Department of Mental Health has requested such expansion specific to a reduction in psychiatric acute care services offered by Saint Elizabeths Hospital;
  (14) Repealed.
  (15) Repealed.
  (16) Repealed.
  (17) Repealed.
  (18) Except as provided in subsection (k) of this section, the acquisition of equipment for, and the construction of, a full-service, community hospital by the District on the St. Elizabeths Hospital Campus ("East End Hospital") with 200 licensed beds;
  (19) Except as provided in subsection (k) of this section, the acquisition of equipment for, and the construction of, a skilled nursing facility in Ward 7 or 8 with up to 125 licensed beds that shall be constructed to accommodate the safe transition of patients who require skilled nursing from United Medical Center by December 31, 2021;
  (20) The operation of a nonprofit specializing in vision screening and providing free diagnostic services and eyewear to school children and youth in the District of Columbia ("nonprofit"); provided, that the nonprofit has entered into a memorandum of understanding with the local education agency that will be served by the nonprofit; and
  (21) Any proposal by a virtual telehealth platform or virtual provider network to provide access to, offer, or develop health care services exclusively via a virtual telehealth platform to District residents.
(b-1) For the purposes of a project exempt under subsection (b)(13) of this section, the facility shall provide the Department of Mental Health with a copy of the letter of notice required by SHPDA for projects exempt from the certificate of need review.
(b-2) Changes in ownership, whether voluntary or involuntary, of the short-term, acute-care hospital known as the United Medical Center and a long-term acute-care hospital and a skilled-nursing facility at the same location, known as the Southern Avenue Facilities, shall be exempt from the certificate-of-need requirements for the purpose of:
  (A) Allowing the transfer from the owner of record to another owner of all or a portion of the Southern Avenue Facilities;
  (B) Notwithstanding any other provision of District law, allowing the owner of record, a subsequent owner, or caretaker, regardless of whether the transfer is voluntary or involuntary, to close or terminate a health service outside of the United Medical Center within 30 days after July 7, 2010; or
  (C) Allowing the entity acquiring the United Medical Center to establish, within 90 days of July 7, 2010, a skilled-nursing facility with no more than 120 beds in the existing buildings located in the 1300 block of Southern Avenue, S.E.
(c) An HMO, or combination of HMOs, shall be exempt from certificate of need requirements if it meets the following requirements:
  (1) The facility in which the service will be provided is or will be geographically located so that the service will be reasonably accessible to the enrolled individuals; and
  (2) At least 75% of the patients who can reasonably be expected to receive the health service will be individuals enrolled in the HMO or combination of HMOs.
(d) The District government is exempt from certificate of need requirements until January 1, 1998.
(e) Any proposal to offer or develop a new institutional health service, obligate a new capital expenditure, or reduce or terminate a health service that would otherwise be subject to certificate of need requirements, by a health care entity that has contracted with the District of Columbia Financial Responsibility Management Assistance Authority, or with the Mayor pursuant to § 7-1405 , to provide new health care services shall be exempt from certificate of need requirements only for the purpose of maintaining the same level of care and services provided by the District of Columbia Health and Hospitals Public Benefit Corporation (“Public Benefit Corporation”). The exemptions granted by this subsection shall be for a period of 225 days from July 12, 2001, except that proposals to develop trauma I capability to match the levels existing at D.C. General Hospital as of January 1, 2001, shall be exempt from certificate of need requirements for a period of 1 year from July 12, 2001.
(f) The Administrator of the Health Care Safety Net Administration (“Administrator”), established pursuant to § 7-1401 , shall determine which new institutional health services, capital expenditures, and reductions or terminations of health services qualify as health care services being taken over from the Public Benefit Corporation. The Administrator’s authority to make determinations and the exemptions from certificate of need review pursuant to subsection (e) shall expire 1 year after the date the first contract for health care services entered into pursuant to § 7-1405 is signed.
(g) The District government and the Public Benefit Corporation are exempt from certificate of need requirements for any changes in health care service that may result from the abolishment of the Public Benefit Corporation.
(h) Not Funded.
[(i)] Repealed.
[(j)] Repealed.
[(k)] Repealed.
(l) The provisions of subsection (b)(18) and (19) of this section shall apply upon the satisfaction of the following conditions:
  (1) The execution of a mutually agreed upon contract between the District and a hospital operator to operate and manage the East End Hospital that includes, without limitation, requirements to:
    (A) Provide a detailed workforce development plan that includes strategies to:
      (i) Prepare qualified District residents for employment at the East End Hospital;
      (ii) Train District residents for employment at the East End Hospital; and
      (iii) Provide preference in hiring for employment at the East End Hospital to:
        (I) Qualified employees of United Medical Center who meet the minimum standards for employment established by the hospital operator; and
        (II) District residents, with a particular emphasis on the residents of Wards 7 and 8.
    (B) Hire a majority of the current non-supervisory employees of United Medical Center; and
    (C) Enter into a labor peace agreement with a labor organization that requests a labor peace agreement and which represents, or reasonably might represent, workers at the hospital; and
  (2) (A) (i) The filing, by the Mayor, with the Office of the Secretary to the Council of one or more academic affiliation agreements (including physician services agreements) between Howard University and one or more health care facilities to ensure that Howard University College of Medicine meets its applicable accreditation requirements to continue its academic mission.
      (ii) For the purposes of this subparagraph the term "health care facilities" shall not be limited to health care facilities in the District or existing health care facilities, and may include the East End Hospital; and
    (B) The submission of an academic affiliation agreement in accordance with subparagraph (A) of this paragraph that specifies accommodations for Howard University College of Medicine's medical faculty, medical students, and medical residents; provided, that such an agreement may summarize or redact any confidential information negotiated between the contracting parties.
D.C. Code § 44-1051.06 — DC Code / Title 44 / Chapter 10A / § 44-1051.06
§ 44-1051.06. License renewal; failure to renew.
Status: in_force

(a) A nurse staffing agency may obtain renewal of its license from the Department if the nurse staffing agency:
  (1) Meets all licensing requirements as established by this chapter and by regulations promulgated pursuant to this chapter; and
  (2) Submits to the Department the renewal licensure fee as established by regulation.
(b) If a nurse staffing agency fails to obtain renewal of its license, the nurse staffing agency shall, on or before the license expiration date, immediately stop providing nursing personnel, Home Health Aides, and Personal Care Aides to health care facilities, health care agencies.
D.C. Code § 44-301.05 — DC Code / Title 44 / Chapter 3 / § 44-301.05
§ 44-301.05. Informal internal review.
Status: repealed

Repealed.
D.C. Code § 44-664.18 — DC Code / Title 44 / Chapter 6A / § 44-664.18
§ 44-664.18. Applicability; sunset.
Status: in_force

This subchapter shall expire on September 30, 2029.
D.C. Code § 44-1805 — DC Code / Title 44 / Chapter 18 / § 44-1805
§ 44-1805. Required findings.
Status: repealed

Repealed.
D.C. Code § 44-535.03 — DC Code / Title 44 / Chapter 5 / § 44-535.03
§ 44-535.03. Penalty.
Status: in_force

Any person violating any provision of these regulations shall be fined not more than $300, or imprisoned for not more than 90 days.
D.C. Code § 44-1953 — DC Code / Title 44 / Chapter 19 / § 44-1953
§ 44-1953. Task Force; appointment; study; report and recommendations.
Status: repealed

Repealed.
D.C. Code § 44-402 — DC Code / Title 44 / Chapter 4 / § 44-402
§ 44-402. State Health Planning and Development Agency; establishment and responsibilities.
Status: in_force

(a) (1) There is established, in the Department, under the direction and control of the Director of the Department, the State Health Planning and Development Agency.
  (2) Revenues, not to exceed fees collected pursuant to § 44-420 , shall be utilized to fund 4 staff positions to administer SHPDA (Project Review Division—Certificate of Need Division Chief; 2 Public Health Analysts; and Secretary). Additional staff may be funded, as necessary, in accordance with § 44-420.01 .
(b) The SHPDA shall be responsible for health systems development in the District. The SHPDA’s responsibilities for health systems development shall include:
  (1) The establishment and administration of a health systems plan development and implementation program in accordance with § 44-404 ;
  (2) The establishment of a health data and information program in accordance with § 44-405 ;
  (3) The administration, operation, and enforcement of the certificate of need program in accordance with this chapter;
  (4) The monitoring of compliance by health care facilities with the requirements of this chapter; and
  (5) Establishing, by rule, requirements and standards regarding the amount of uncompensated care provided to residents of the District of Columbia by all health care facilities that receive a certificate of need, including an annual mechanism for monitoring the provision of that uncompensated care by the health care facilities.
(b-1) Repealed.
(c) All regulations, rules, and procedures of the predecessor Office of Health System Development shall remain in effect until the adoption of superseding replacement of those regulations, rules and procedures.
D.C. Code § 44-1159 — DC Code / Title 44 / Chapter 11A / § 44-1159
§ 44-1159. Applicability.
Status: repealed

Repealed.
D.C. Code § 44-665.09 — DC Code / Title 44 / Chapter 6A / § 44-665.09
§ 44-665.09. Sunset.
Status: in_force

This subchapter shall expire on September 30, 2029.
D.C. Code § 44-533.06 — DC Code / Title 44 / Chapter 5 / § 44-533.06
§ 44-533.06. Center records and report requirements.
Status: in_force

(a) Accurate and complete clinical records shall be maintained for each patient and all entries in the clinical record shall be made at the time the surgical procedure is performed and when care, treatment, medications or other medical services are given. The record shall satisfy the diagnosis or need for medical services. It shall include where applicable but not be limited to the following:
  (1) Patient identification;
  (2) Admitting information including patient history and physical examination;
  (3) Signed informed consent;
  (4) Signed and dated physician orders;
  (5) Laboratory tests, pathologist's report of tissue, and radiologist report of x-rays, as indicated by good medical practice;
  (6) Anesthesia record, if general anesthesia is used;
  (7) Operative record as indicated by good medical practice;
  (8) Surgical medication and medical treatments;
  (9) Recovery room notes;
  (10) Physician and nurses' progress notes;
  (11) Condition at time of discharge; and
  (12) Patient instructions.
(b) Accounting procedures shall be carried out in accordance with an accepted accounting system providing appropriate statistical information and shall permit satisfactory auditing.
(c) Each facility shall submit reports on a regular basis containing such pertinent clinical and statistical data as may reasonably be required by the Department, including mortality and morbidity data.
(d) All patient records shall be confidential, unless the patient gives written consent for their release, except as provided in § 44-535.01 .
(e) All hospitals licensed under the laws of the District of Columbia, including D.C. General Hospital, shall regularly report to the Department any incidence of morbidity in cases treated at a center.
D.C. Code § 44-1607 — DC Code / Title 44 / Chapter 16 / § 44-1607
§ 44-1607. Release of restrictions on funds.
Status: repealed

Repealed.
D.C. Code § 44-1712 — DC Code / Title 44 / Chapter 17 / § 44-1712
§ 44-1712. Penalties; prosecutions; actions to enjoin.
Status: in_force

(a) Any person violating any provision of this chapter, or regulation made pursuant thereto, or filing, or causing to be filed, an application or report pursuant to this chapter, or regulation made pursuant thereto, containing any false or fraudulent statement, shall be punished by a fine of not more than $500, or by imprisonment of not more than 60 days, or by both such fine and imprisonment.
(b) Prosecutions for violations of this chapter, or the regulations made pursuant thereto, shall be conducted in the name of the District of Columbia by the Attorney General for the District of Columbia or any of his assistants.
(c) (1) The Attorney General for the District of Columbia, or any of his assistants, is hereby empowered to maintain an action or actions in the Superior Court of the District of Columbia in the name of the District of Columbia to enjoin any person from soliciting in violation of this chapter or in violation of any regulation made pursuant to this chapter.
  (2) If the Attorney General, in the course of an investigation to determine whether to bring a court action under this section, has reason to believe that a person may have information, or may be in possession, custody, or control of documentary material, relevant to the investigation, the Attorney General may issue in writing and cause to be served upon the person, a subpoena or subpoenas requiring the person to give oral testimony under oath, or to produce records, books, papers, contracts, electronically-stored data and other documentary material for inspection and copying.
  (3) Information obtained pursuant to this authority to subpoena is not admissible in a later criminal proceeding against the person who provided the information.
  (4) The Attorney General may petition the Superior Court of the District of Columbia for an order compelling compliance with a subpoena issued pursuant to this authority to subpoena.
(d) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or any rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2 . Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2 .
D.C. Code § 44-663.11 — DC Code / Title 44 / Chapter 6A / § 44-663.11
§ 44-663.11. Definitions.
Status: in_force

For the purposes of this subchapter , the term:
(1) "Department" means the Department of Health Care Finance.
(2) "Hospital" shall have the same meaning as provided in § 44-501(a)(1) , but excludes any hospital operated by the federal government 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, 2013, and September 30, 2014, 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; and
  (D) Multiplied by: Worksheet G-3; 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 § 44-662.07 — DC Code / Title 44 / Chapter 6A / § 44-662.07
§ 44-662.07. Rules.
Status: in_force

The Mayor, pursuant to subchapter I of Chapter 2 of Title 5 [ §  2-501 et seq.], may issue rules to implement the provisions of this chapter.
D.C. Code § 44-951.05 — DC Code / Title 44 / Chapter 9A / § 44-951.05
§ 44-951.05. Governance of the Corporation.
Status: in_force

(a) The powers of the Corporation shall be vested in and exercised by the Board. The Board may take action at a meeting held at a time and place fixed by the bylaws. The Board shall adopt rules for conducting its meetings.
(b) (1) The presence of 5 voting members shall constitute a quorum of the Board. A majority vote of the members present for a quorum shall be necessary for the Board to take any official action.
  (2) A Board member shall be considered present for the purpose of establishing or maintaining a quorum either by being physically present at the site specified for the Board meeting or by being electronically present via a speaker telephone, web camera, or other device capable of transmitting the member’s voice or voice and image to the Board members physically present and the Board members’ voices or voices and images to the member employing electronic means to participate.
(c) The Board shall hold an annual meeting to inform the public of its plans and programs. The Board shall provide notice of the meeting by publishing notice in the District of Columbia Register and a newspaper of general circulation in the District not less than 30 days before the date of the meeting.
(d) The Board shall meet not less than once per month, at least 10 months each year. Board meetings shall comply with the requirements for open meetings pursuant to § 1-207.42 .
(e) The Corporation’s fiscal year shall coincide with the fiscal year of the District government.
(f) The Board shall appoint the Chief Executive Officer (“CEO”) of the United Medical Center as CEO of the Corporation and to be in charge of the day-to-day affairs of the Corporation, including the hospital and other operations at the site. The Board may subsequently conduct a national search to fill the position of CEO. The CEO shall serve at the pleasure of the Board.
(g) The Board may engage a hospital management company to assist in hospital operations and may contract or enter into leases with third parties to operate discrete facilities within the hospital or on the site.
(h) The Board shall hold its first meeting no later than 7 days from the date of the appointment of 7 or more members.
(i) The Board shall determine the qualifications and credentialing for health care professionals to receive the privilege of practicing within a health-care facility under the Corporation’s jurisdiction and make reasonable policies and procedures for the conduct of a person on the staff of a facility within the Corporation’s jurisdiction, consistent with District law.
D.C. Code § 44-663.15 — DC Code / Title 44 / Chapter 6A / § 44-663.15
§ 44-663.15. 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 § 44-663.13 , if a hospital system or person that is subject to a fee under § 44-663.13 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 § 44-663.13 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 § 44-663.13 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 § 44-2009 — DC Code / Title 44 / Chapter 20 / § 44-2009
§ 44-2009. Criteria for review and required findings.
Status: repealed

Repealed.
D.C. Code § 44-502.01 — DC Code / Title 44 / Chapter 5 / § 44-502.01
§ 44-502.01. Registration of certain health care entities.
Status: in_force

(a) The Director of the Department of Health ("Department") shall create a registration process for the following entities:
  (1) A private office facility, clinic, or other establishment with no operating room where a health professional or group of health professionals provide primary care services, specialty care services, or dental services according to the applicable scope of practice of the health professional's licensure;
  (2) A virtual provider network or virtual telehealth platform operating in the District; and
  (3) A federally qualified health center, as defined in section 1861(aa)(4) of the Social Security Act, approved July 30, 1965 (79 Stat. 313; 42 U.S.C. § 1395x(aa)(4)), or an entity that has been determined by the Health Resources and Services Administration of the United States Department of Health and Human Services to meet the definition of a federally qualified health center, but does not receive funding under section 330 of the Public Health Service Act, approved October 11, 1996 (110 Stat. 3626; 42 U.S.C. § 254b) ("federally qualified health center look-alike").
(b) The registration process shall:
  (1) Take less than a median of 10 business days for the Department to review and approve once a completed application has been submitted, unless the Department notifies the applicant of an issue;
  (2) Require that the facility submit to the Department only information that is accessible and reasonable, such as its physical location, names of providers, provider capacity, and types of insurance accepted;
  (3) Not require registration renewal more frequently than every 3 years; and
  (4) Not require a registration or renewal fee above $100 per year of registration; provided, that the Department may adjust this fee periodically to reflect the change in the Consumer Price Index issued by the Bureau of Labor Statistics, United States Department of Labor through rulemaking.
(c) A new entity that meets the requirements of subsection (a) of this section shall register with the Department before beginning operation.
(d) Notwithstanding subsection (a) of this section, existing entities that meet the requirements of subsection (a) of this section for registration shall have 2 years from the effective date of this section to complete the registration process.
(e) Entities that own or operate more than one physical location shall complete the registration process for each location separately.
(f) The revenue generated from the registration or renewal fees under subsection (b) of this section shall be placed in the Health Occupations Regulation Fund, established by § 7-733 .
D.C. Code § 44-1608 — DC Code / Title 44 / Chapter 16 / § 44-1608
§ 44-1608. Severability.
Status: repealed

Repealed.
D.C. Code § 44-665.11 — DC Code / Title 44 / Chapter 6A / § 44-665.11
§ 44-665.11. 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 pursuant to § 44-665.13(a)(1) , plus the salary and fringe benefits for one full-time equivalent staff position at the Department.
  (3) "Fund" means the Outpatient 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 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) "Outpatient gross patient revenue" means the amount that is reported in column 2 of line 28 of Worksheet G-2 of the hospital's most recently available Hospital and Hospital Health Care Complex Cost Report ("Form CMS 2552-10").
    (B) Notwithstanding subparagraph (A) of this paragraph, for a hospital that has not yet filed its first Form CMS-2552-10, the term "outpatient gross 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 outpatient gross 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 § 44-661.05 — DC Code / Title 44 / Chapter 6A / § 44-661.05
§ 44-661.05. Medicaid outpatient hospital access payments. [Expired].
Status: repealed

Expired.
D.C. Code § 44-1302 — DC Code / Title 44 / Chapter 13 / § 44-1302
§ 44-1302. Powers and duties of Department of Human Services.
Status: in_force

Board of Children’s Guardians, successors of trustees of the Industrial Home School of the District of Columbia, is abolished, and the powers and duties of such Board as specified and restricted by law are transferred to the Department of Human Services.
D.C. Code § 44-2003 — DC Code / Title 44 / Chapter 20 / § 44-2003
§ 44-2003. Health Advisory Committee; establishment and responsibilities.
Status: repealed

Repealed.
D.C. Code § 44-151.12 — DC Code / Title 44 / Chapter 1A / § 44-151.12
§ 44-151.12. Investigations and subpoenas.
Status: in_force

For the purposes of any investigation or proceeding under this chapter, any person may be required or permitted by the Commissioner to file a statement in writing, under oath or otherwise, as to any of the facts and circumstances concerning the matter to be investigated.
D.C. Code § 44-1504 — DC Code / Title 44 / Chapter 15 / § 44-1504
§ 44-1504. Bylaws.
Status: in_force

The said Society, for fixing the terms of admission of its members, for the government of the same, for the election, changing, and altering the officers above named, and for the general regulation and management of its affairs, shall have power to form a code of bylaws, not inconsistent with the laws of the District of Columbia, or of the United States, which code, when formed and adopted at a regular meeting, shall, until modified or rescinded, be equally binding as this chapter upon the Society, its officers, and members.
D.C. Code § 44-213 — DC Code / Title 44 / Chapter 2 / § 44-213
§ 44-213. Rules.
Status: in_force

(a) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2 , issue proposed rules, including a schedule of civil fines, to implement the provisions of this chapter.
(b) The Mayor may issue emergency rules, which shall be effective no more than 90 days and which shall be consistent with subchapter I of Chapter 5 of Title 2 .
D.C. Code § 44-301.02 — DC Code / Title 44 / Chapter 3 / § 44-301.02
§ 44-301.02. Medicare not applicable.
Status: in_force

(a) The provisions of subchapter I of this chapter shall not apply in cases directly involving coverage determinations or benefit requirements under the federal Medicare program. The provisions of subchapters II and III of this chapter shall not apply in cases directly involving federal Medicare benefits.
(b) Any complaint by a member involving coverage or benefits provided pursuant to the federal Medicare program shall be resolved in accordance with federal laws, regulations, and procedures established for fair hearings and appeals for the Medicare programs and with any appropriate District law.
D.C. Code § 44-662.03 — DC Code / Title 44 / Chapter 6A / § 44-662.03
§ 44-662.03. Hospital provider fee.
Status: in_force

(a) (1) Beginning October 1, 2015, and except as provided in subsection (b) of this section and § 44-662.06 , 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 $10.4 million. Of this amount, $1.4 million may be used to support the Medicaid Managed Care Organization rates for inpatient hospitalization. The remaining amount shall be used to support the maintenance of inpatient Medicaid Fee-for-Service rates at the District Fiscal Year (“DFY”) 2015 level of 98% of cost to non-specialty hospitals.
  (3) The fee collected pursuant to this section shall be deposited in the Hospital Fund, established by § 44-662.02 .
(b) A psychiatric hospital that is an agency or a unit of the District government is exempt from the fee imposed under subsection (a) of this section, unless the exemption is adjudged to be unconstitutional or otherwise invalid, in which case a psychiatric hospital that is an agency or a unit of the District government shall pay the fee imposed by subsection (a) of this section.
(c) By August 1, 2015, the Department shall submit a provider tax waiver application to the Center for Medicare and Medicaid Services to ensure the provisions of this chapter qualify as a broad-based health care related tax, as that term is defined in section 1903(w)(3)(B) of the Social Security Act.
D.C. Code § 44-112.01 — DC Code / Title 44 / Chapter 1 / § 44-112.01
§ 44-112.01. Appeals from actions of the Mayor.
Status: in_force

A person or licensee aggrieved by an action of the Mayor under this chapter may appeal the Mayor’s action by filing a request for hearing as provided in § 44-505 .
D.C. Code § 44-1810 — DC Code / Title 44 / Chapter 18 / § 44-1810
§ 44-1810. Judicial review.
Status: repealed

Repealed.
D.C. Code § 44-1002.10 — DC Code / Title 44 / Chapter 10 / § 44-1002.10
§ 44-1002.10. Appointment of court monitor.
Status: in_force

(a) Any person authorized to file a petition for receivership may, based on one or more of the grounds listed in § 44-1002.02 , petition the court for the appointment of a monitor. In addition, in lieu of appointing a receiver when a petition for receivership has been filed, the court may, on either its own motion or the motion of a party, appoint a monitor instead. The grounds and procedures set forth in §§ 44-1002.02 to 44-1002.05 , except for the requirement of a bond in § 44-1002.05(c) , shall apply to the appointment of a monitor. The appointment of a monitor may be terminated by the court for any of the reasons listed in § 44-1002.07(a) or if the court determines that a receiver should be appointed.
(b) A monitor appointed under this section shall observe the operation of the facility, advise the facility on how to comply with District and federal law, and report periodically to the court. In each report to the court, the monitor shall make a recommendation on whether a receiver should be appointed for the facility.
(c) Whenever a person requests the Attorney General for the District of Columbia to petition for the appointment of a receiver under § 44-1002.03(b) and the Attorney General for the District of Columbia instead petitions the court for the appointment of a monitor, the request shall be considered denied and the requestor may petition the court for the appointment of a receiver.
D.C. Code § 44-2010 — DC Code / Title 44 / Chapter 20 / § 44-2010
§ 44-2010. Duration, modification, sale, or transfer of a certificate of need.
Status: repealed

Repealed.
D.C. Code § 44-1636 — DC Code / Title 44 / Chapter 16A / § 44-1636
§ 44-1636. Reviewing compliance.
Status: in_force

Compliance with this chapter is determined in light of the facts and circumstances existing at the time a decision is made or action is taken.
D.C. Code § 44-420 — DC Code / Title 44 / Chapter 4 / § 44-420
§ 44-420. Fees.
Status: in_force

(a) The SHPDA shall collect application fees from persons that request a certificate of need. The fee required for an application shall be the greater of 3% of the proposed capital expenditure or $5,000, with a maximum of $300,000. The SHPDA is authorized to establish a fee schedule for certain data, analyses and reports published by the SHPDA from the HPDS. The annual user fee for private hospitals shall be $4 per inpatient admission and increase to $4.50 per inpatient admission beginning in the 2021 fiscal year, based on the previous calendar year’s admission data, to be paid to the SHPDA on a quarterly basis, in lieu of a certificate of need application fee. The certificate of need application fee for any project receiving funds through the Medical Homes DC initiative, as operated by the District of Columbia Primary Care Association, shall be $5,000. User fees may also be established for other classes of facilities by regulation. SHPDA may adjust a user fee periodically to reflect the change in the Consumer Price Index issued by the Bureau of Labor Statistics, United States Department of Labor.
(b) Notwithstanding the provisions of subsection (a) of this section, the maximum application fee that may be collected from Specialty Hospitals of America, LLC, or certain of its subsidiary entities, for facilities located in Lots 3 and 4, Square 5919, related to the acquisition of Greater Southeast Community Hospital shall be $300,000.
(c) Repealed.
(d) Notwithstanding the provisions of subsection (a) of this section, the $52,050 application fee paid by Iona Senior Services for a project located at 3303 Stanton Road, S.E., Washington, D.C., 20020, shall be waived and refunded.
(e) Notwithstanding the provisions of subsection (a) of this section, the maximum application fee that may be collected from Community of Hope for a project located at 2120 Bladensburg Road, N.E., Washington, D.C., 20018, shall be $5,000, and any application fees paid prior to March 3, 2020 shall be refunded.
D.C. Code § 44-602 — DC Code / Title 44 / Chapter 6 / § 44-602
§ 44-602. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Applicant” means a healthcare entity or a for-profit entity that applies to the State Health Planning and Development Agency or the Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking] for approval of a conversion.
(2) “Authorized person” means a person who (A) controls, is controlled by, or is under common control with, a for-profit entity, directly or indirectly, through one or more intermediaries, (B) has entered into an agreement or contract, including a nonbinding letter of intent to acquire, or be acquired, through merger or other consolidation with a healthcare entity, or (C) a person who is an officer, director, agent, or managing employee of such an entity.
(3) “Conversion” means any agreement or transaction by a healthcare entity to sell, transfer, lease, exchange, option, convey, or otherwise dispose of, directly or indirectly, all of its assets, or a material amount of its assets, or control, responsibility, or governance of its assets, to a for-profit entity, including one that results from or is created in connection with the transaction or agreement.
(4) Repealed.
(5) “For-profit entity” means any corporation, mutual benefit corporation, trust, estate, partnership, limited liability company, or other entities (including associations, joint stock companies, and insurance companies) that is organized and operated for profit; or any incorporated or unincorporated division, subdivision, branch, unit, or part of such an entity including one that results from or is created in connection with the conversion of a nonprofit healthcare entity.
(6) “Person” means an individual, partnership, association, corporation, or any other organization.
D.C. Code § 44-110.02 — DC Code / Title 44 / Chapter 1 / § 44-110.02
§ 44-110.02. Fire safety.
Status: in_force

An ALR shall comply with the Life Safety Code of the National Fire Protection Association, NFPA 101, 1997 edition as follows:
(1) An ALR shall be in compliance with Chapter 22, New Residential Board and Care Occupancies, Life Safety Code of the National Fire Protection Association; and
(2) An existing community residence facility that is converting to an ALR shall be in compliance with Chapter 23, Existing Residential Board and Care Occupancies, of the Life Safety Code of the National Fire Protection Association.
D.C. Code § 44-106.02 — DC Code / Title 44 / Chapter 1 / § 44-106.02
§ 44-106.02. Resident agreements.
Status: in_force

(a) A written contract must be provided to the resident prior to admission and signed by the resident or surrogate, if necessary, and a representative of the ALR. The nonfinancial portions of the contract shall include the following:
  (1) The ALR’s organizational affiliations (including parent or subsidiary  organizations, religious or charitable affiliation, and management company);
  (2) The specific nature of any special care that it holds itself out to  provide, such as specialty in Alzheimer’s disease or Parkinson’s disease;
  (3) An identification of services to be included and excluded, part of which  is the ISP;
  (4) A list of resident rights including grievance procedures;
  (5) Unit assignment and procedures if changes occur;
  (6) Admission and discharge policies which include clear and specific  criteria for admission, transfer, and discharge;
  (7) A description of responsibility for provision or coordination of  healthcare, if any;
  (8) An arrangement for notification in case of the resident’s death; and
  (9) A disposition of the resident’s property upon discharge, transfer, or  death of the resident.
D.C. Code § 44-1301 — DC Code / Title 44 / Chapter 13 / § 44-1301
§ 44-1301. Control and management.
Status: in_force

The Department of Human Services shall have complete and exclusive control and management of the Industrial Home School. All supplies for said School shall be obtained by requisition upon the Mayor of the District of Columbia and all moneys received at said School as income thereof from sale of products and from payments for board and instruction, or otherwise, shall be paid over to said Mayor to be expended by him for the support of the School.
D.C. Code § 44-431 — DC Code / Title 44 / Chapter 4A / § 44-431
§ 44-431. Definitions.
Status: in_force

For the purposes of this chapter , the term:
(a) (1) "Breast density classification" means the 4 levels of breast density identified in the Breast Imaging Reporting and Data System established by the American College of Radiology, which are:
    (A) Class A, indicating fatty breast tissue;
    (B) Class B, indicating scattered fibroglandular breast tissue;
    (C) Class C, indicating heterogeneously dense breast tissue with fibrous and glandular tissue that are evenly distributed throughout the breast; and
    (D) Class D, indicating extremely dense breast tissue.
  (2) "Health care facility" means a hospital, maternity center, ambulatory surgical facility, or hospice, as defined in subchapter I of Chapter 5 of this title .
D.C. Code § 44-662.02 — DC Code / Title 44 / Chapter 6A / § 44-662.02
§ 44-662.02. Hospital Fund.
Status: in_force

(a) There is established as a special fund the Hospital Fund (“Fund”), which shall be administered by the Department in accordance with subsection (c) of this section.
(b) Revenue from the following sources shall be deposited in the Fund:
  (1) Fees collected under this chapter;
  (2) Interest and penalties collected under this chapter; and
  (3) Other amounts collected under this chapter.
(c) Money in the Fund shall be used solely as set forth in § 44-662.03 .
(d) (1) The money deposited in the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
  (2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation; provided, that any remaining money in the Fund at the end of each fiscal year shall be refunded to hospitals in proportion to the amounts paid by them.
D.C. Code § 44-1923 — DC Code / Title 44 / Chapter 19 / § 44-1923
§ 44-1923. Liability of Commissioners.
Status: repealed

Repealed.
D.C. Code § 44-531.02 — DC Code / Title 44 / Chapter 5 / § 44-531.02
§ 44-531.02. Definitions.
Status: in_force

(a) For the purposes of this subchapter :
  (1) (A) "Ambulatory Surgical Treatment Center" means any institution, place or building devoted primarily to the maintenance and operation of facilities for the performance of surgical procedures on an outpatient basis including facilities where family planning procedures are performed. Such facility shall not provide beds or other accommodations for the overnight stay of patients. Individual patients shall be discharged in an ambulatory condition without danger to the continued well being of the patients or shall be transferred to a hospital.
    (B) The term "Ambulatory Surgical Treatment Center" does not include:
      (i) Any institution or building licensed as a hospital, under subchapter I of Chapter 7 of this title ;
      (ii) Hospitals maintained by the District of Columbia;
      (iii) Any place, agency, clinic or practice, public or private, profit or nonprofit, devoted exclusively to the performance of dental or oral surgical procedures;
      (iv) Any professional office wherein a physician customarily performs surgical procedures for minor diagnosis and treatment of dermatological or podiatric condition or cystoscopies or proctoscopies.
  (2) "Center" means an Ambulatory Surgical Treatment Center.
  (3) "Department means the Department of Human Resources of the District of Columbia.
  (4) "Director" means the Director of the Department of Human Resources, or his designee.
  (5) "District" means the District of Columbia.
  (6) "Mayor" means the holder of the Office of the Mayor of the District of Columbia, pursuant to § 1-204.21 , or his designated agent.
D.C. Code § 44-109.06 — DC Code / Title 44 / Chapter 1 / § 44-109.06
§ 44-109.06. Medication management training program.
Status: in_force

(a) The Mayor shall develop medication management training courses which shall be approved by the Board of Nursing. The medication administration training program shall include instruction in the following areas:
  (1) Cuing, coaching, and monitoring residents who self-administer medications  with or without assistance;
  (2) Pharmacology;
  (3) Terminology related to medication;
  (4) Procedures and precautions in administering medication;
  (5) Types of medication;
  (6) Actions, interactions, and effects of medication;
  (7) Administration of medication in emergency or life-threatening circumstances;
  (8) Recordkeeping, storage, handling, and disposal requirements for medications;
  (9) Rights of residents;
  (10) Monitoring of vital signs;
  (11) Federal and District of Columbia laws governing medication; and
  (12) Reference sources related to medication.
(b) The Mayor shall maintain a list of approved medication administration courses for the training of persons to be certified by the District of Columbia as TMEs.
(c) In order to maintain certification, every 2 years a TME shall successfully complete a clinical update or refresher course approved by the Mayor.
(d) The ALA shall document completion of the medication training course in TME’s personnel file.
D.C. Code § 44-533.01 — DC Code / Title 44 / Chapter 5 / § 44-533.01
§ 44-533.01. Organization of center.
Status: in_force

(a) Each surgical center shall have a governing board formally organized in accordance with written by-laws. Such by-laws shall establish procedures for the appointment of the center administrator and medical director, for the admission of physicians to practice at the center, for revocation or suspension of a physician's center privileges, and for patient admissions and discharge. A copy of the by-laws shall be available for public inspection at all times.
(b) A center owned by a sole proprietorship, partnership or professional medical corporation shall not be required to have a governing board, but the center shall have written procedures, available for public inspection at all times, governing the admission for physicians to practice at the center, for revocation or suspension of a physician's center privileges, and for patient admissions and discharge.
D.C. Code § 44-1003.01 — DC Code / Title 44 / Chapter 10 / § 44-1003.01
§ 44-1003.01. Grounds for involuntary discharge, transfer, or relocation by facility.
Status: in_force

(a) Unless a resident and his or her representative consent otherwise, a facility may discharge the resident, transfer the resident to another facility, or relocate the resident from one part or room of the facility to another only:
  (1) If essential to meet that resident’s documented health-care needs or to be in accordance with his or her prescribed level of care;
  (2) If essential to safeguard that resident or one or more other residents from physical or emotional injury;
  (3) On account of nonpayment for his or her maintenance, after reasonable and appropriate notice, except as prohibited by subsection (b) of this section and 42 U.S.C. § 1395 et seq. and 42 U.S.C. § 1396 et seq.;
  (4) If essential to meet the facility’s reasonable administrative needs and no practicable alternative is available; or
  (5) If the facility is closing or officially reducing its licensed capacity.
(b) No facility that is a District Medicaid provider may discharge, transfer, or relocate a resident on account of his or her conversion from private-pay or Medicare to Medicaid status, or on account of a temporary hospitalization if payment or reimbursement for his or her bed continues to be made available.
D.C. Code § 44-1902 — DC Code / Title 44 / Chapter 19 / § 44-1902
§ 44-1902. Definitions.
Status: repealed

Repealed.
D.C. Code § 44-663.05 — DC Code / Title 44 / Chapter 6A / § 44-663.05
§ 44-663.05. Medicaid outpatient hospital access payments.
Status: in_force

(a) (1) For visits and services beginning October 1, 2016, quarterly Medicaid outpatient hospital access payments shall be made to each private hospital.
  (2) Each payment will be equal to the hospital's DFY 2014 outpatient Medicaid payments divided by the total in District private hospital DFY 2014 outpatient Medicaid payments multiplied by 1/4 of the total outpatient private hospital access payment pool.
  (3) The total outpatient private hospital access payment pool is equal to the total available spending room under the private hospital outpatient Medicaid upper payment limit for DFY 2017.
(b) (1) For visits and services beginning October 1, 2016, outpatient hospital access payments shall be made to the United Medical Center.
  (2) Each payment will be equal to one quarter of the total outpatient public hospital access payment pool.
  (3) The total outpatient public hospital access payment pool is equal to the total available spending room under the District-operated hospital outpatient Medicaid upper payment limit for DFY 2017.
(c) The quarterly Medicaid outpatient hospital access payments shall be made within 15 business days after the end of each DFY quarter for the Medicaid visits and services rendered during that quarter.
(d) No payments shall be made under this section until such time that the federal Centers for Medicare and Medicaid Services approves the Medicaid State Plan amendment authorizing the Medicaid payments described in this subchapter .
(e) The Medicaid payment methodologies authorized under this subchapter shall not be altered in any way unless such alteration is necessary to gain federal approval from the Centers for Medicare and Medicaid Services.
D.C. Code § 44-232.03 — DC Code / Title 44 / Chapter 2A / § 44-232.03
§ 44-232.03. CPR and AED program.
Status: recodified

Recodified as § 7-2371.02c .
D.C. Code § 44-662.08 — DC Code / Title 44 / Chapter 6A / § 44-662.08
§ 44-662.08. Sunset.
Status: in_force

This chapter shall expire on September 30, 2016.
D.C. Code § 44-231 — DC Code / Title 44 / Chapter 2A / § 44-231
§ 44-231. Definitions.
Status: recodified

Recodified as § 7-2371.01 .
D.C. Code § 44-1102.17 — DC Code / Title 44 / Chapter 11 / § 44-1102.17
§ 44-1102.17. District pledges.
Status: repealed

Repealed.
D.C. Code § 44-1208 — DC Code / Title 44 / Chapter 12 / § 44-1208
§ 44-1208. Limitations on benefits.
Status: in_force

Nothing in this chapter shall be construed to create an entitlement to substance abuse treatment during any fiscal year if no funds remain available to the District government under a District government or federal appropriation that has been enacted for the specific purpose of providing substance abuse treatment services or unless the person has the ability to pay.
D.C. Code § 44-505 — DC Code / Title 44 / Chapter 5 / § 44-505
§ 44-505. Inspections.
Status: in_force

(a) To ensure that each new facility and agency will be in compliance with the provisions of this subchapter, rules adopted pursuant to this subchapter, and all other applicable laws and rules, the Mayor shall conduct an on-site inspection prior to a facility’s or agency’s initial licensure. Instead of issuing a full-year license to a new facility or agency, the Mayor may issue a provisional license under § 44-506 pending satisfactory completion of additional, follow-up inspections.
(b) After initial licensure the Mayor shall conduct an on-site inspection as a precondition to licensure renewal, except that the Mayor may accept accreditation by a private accrediting body, federal certification for participation in a health-insurance or medical assistance program, or federal qualification of a health maintenance organization as evidence of, and in lieu of inspecting for, compliance with any or all of the provisions of this subchapter and rules adopted pursuant to this subchapter that incorporate or are substantially similar to applicable standards or conditions of participation established by that body or the federal government. Acceptance of private accreditation by the Mayor shall be contingent on the facility’s or agency’s:
  (1) Notifying the Mayor of all survey and resurvey dates no later than 5 days after it receives notice of these dates;
  (2) Permitting authorized government officials to accompany the survey team; and
  (3) Submitting to the Mayor a copy of the certificate of accreditation, all survey findings, recommendations, and reports, plans of correction, interim self-survey reports, notices of noncompliance, progress reports on correction of noncompliances, preliminary decisions to deny or limit accreditation, and all other similar documents relevant to the accreditation process, no later than 5 days after their receipt by the facility or agency or submission to the accrediting body.
(c) An authorized government official may enter the premises of a facility or agency during operating hours for the purpose of conducting an announced or unannounced inspection to check for compliance with any provision of this subchapter, rule adopted pursuant to this subchapter, or other provision of District of Columbia law. In conducting an inspection, the official shall make every effort not to disrupt the normal operations of the facility or agency and its staff.
(d) (1) If a facility or agency loses private accreditation or federal certification, it shall give the Mayor written notice of the loss within 5 calendar days. If in such a case accreditation or certification was accepted in lieu of an inspection under subsection (b) of this section, the Mayor shall immediately upon notification:
    (A) Convert the facility’s or agency’s license to a provisional or restricted license under § 44-506 pending satisfactory completion of an inspection conducted by the Mayor; or
    (B) Suspend the facility’s or agency’s license based upon a finding that loss of accreditation or certification was prompted by existing deficiencies that constitute an immediate or serious and continuing danger to the health, safety, or welfare of its patients/clients/residents.
  (2) The Mayor may, prior to a hearing, suspend the license of any facility or agency or convert its license to a provisional or restricted license if he or she determines that existing deficiencies constitute an immediate or serious and continuing danger to the health, safety, or welfare of its patients/clients/residents.
  (3) Upon the suspension or conversion of a license pursuant to this subsection, the Mayor shall immediately give the facility or agency written notice of the action, including a copy of the order of suspension or conversion, a statement of the grounds for the action, and notification that the facility or agency has 7 days (excluding Saturdays, Sundays, and legal holidays) from the day written notice is received to request an expedited, preliminary review hearing. If the facility or agency fails to communicate, either orally or in writing, a timely request for a preliminary review hearing, the order of suspension or conversion shall remain in effect until terminated by the Mayor or an unexpedited hearing is held pursuant to procedures adopted under § 44-504 . Upon receipt of a timely request for an expedited, preliminary review hearing, the Mayor shall within 72 hours (excluding Saturdays, Sundays, and legal holidays) provide a hearing to review the reasonableness of the suspension or conversion order. At this hearing, the Mayor shall have the burden of establishing a prima facie case of immediate or serious and continuing endangerment. The suspension or conversion order shall be either affirmed or vacated at the hearing. In the event an order is affirmed, it shall, unless extended, remain in effect for no longer than 30 calendar days, during which time a final hearing shall be scheduled to consider the appropriateness of revocation or continuing restrictions on licensure. Before expiration of a suspension or conversion order, an extension may be granted for a period not to exceed an additional 30 calendar days upon agreement of all the parties or for good cause shown.
(e) The Mayor shall have the authority, upon a showing of undue hardship and if not inconsistent with other provisions of this chapter or deleterious to the public health and safety, to grant variances with respect to the standards to be established under § 44-504(a)(3) and (h-1). The Mayor shall maintain a public record listing all variances granted under this subsection and containing a complete written explanation of the basis for each variance.
D.C. Code § 44-603 — DC Code / Title 44 / Chapter 6 / § 44-603
§ 44-603. Conversion approval.
Status: in_force

(a) Notwithstanding any other provisions of the law, a healthcare entity shall not execute a conversion to a for-profit entity without the approval of the Attorney General for the District of Columbia.
(b) The Attorney General for the District of Columbia shall review the conversion to determine whether charitable assets are adequately protected. A conversion shall not be approved unless necessary and appropriate steps have been taken by the healthcare entity, to safeguard the value of its charitable assets.
(c) In determining whether charitable assets have been adequately protected, the Attorney General for the District of Columbia shall consider the following:
  (1) Whether the conversion is permitted under § 29-301.01 et seq., and other laws of the District of Columbia governing nonprofit persons, trusts, or charities or under Internal Revenue Service rules or policies governing the disposition of charitable assets;
  (2) Whether the healthcare entity exercised due diligence in deciding to sell or transfer a material amount of assets or control of operation, in selecting the purchaser, and in negotiating the terms and conditions of the conversion;
  (3) Whether the procedure used by the healthcare entity in making its decision was fair and objective, and whether appropriate independent expert assistance was used;
  (4) Whether any authorized person is not in full compliance with any federal, state, or local laws or requirements in every jurisdiction where the applicant operates or is licensed to do business;
  (5) Whether any authorized person has been convicted of violating any federal or state law or regulation (including, without limitation, laws or regulations relating to the delivery of health care items or health care services, reimbursement for health care services, employer/employee relations, and environmental regulation) or has been indicted, is currently being investigated, or has entered into a settlement agreement in connection with the violation of any law or regulation;
  (6) Whether the for-profit entity is financially sound and has the financial and management capacity to operate the healthcare entity, a department or division thereof, or any entity resulting from the conversion;
  (7) Whether the for-profit entity has disclosed all potential conflicts of interest, including, but not limited to, conflicts of interest related to board members, executives, members of the medical staff of the healthcare entity, and experts retained by the healthcare entity, or the parties to the conversion;
  (8) Whether the conversion will result in the enrichment of any person;
  (9) Whether the healthcare entity will receive reasonably fair value for its assets and whether the market value of those assets has not been manipulated by the actions of the parties in a manner that causes the value of the assets to decrease;
  (10) Whether charitable funds are placed at unreasonable short-term or long term risk;
  (11) Whether any management contract under the conversion is for reasonably fair value;
  (12) Whether the charitable assets have been placed in a charitable trust controlled independently of the for-profit entity or other parties to the conversion and used for appropriate charitable purposes consistent with the healthcare entity’s purposes or operation in the affected community; and
  (13) Whether a right of first refusal has been retained by the healthcare entity to permit repurchase of the assets by a successor nonprofit person if and when the for-profit entity that results from conversion is subsequently proposed for sale, conversion, or merger.
(d) The Attorney General for the District of Columbia shall assess the for-profit entity the reasonable costs related to, and shall expend such amounts for, the review of the proposed conversion determined by the Attorney General for the District of Columbia to be necessary or appropriate. Such reasonable costs may include further expert review of the conversion, and a process to educate the public about the conversion and to obtain public comment.
D.C. Code § 44-1003.10 — DC Code / Title 44 / Chapter 10 / § 44-1003.10
§ 44-1003.10. Transfer and discharge planning and assistance.
Status: in_force

(a) (1) The Mayor shall offer planning and assistance, including information on available alternative placements, to residents who are being voluntarily or involuntarily transferred or discharged from their facilities pursuant to this subchapter. Residents shall be involved in planning their transfer or discharge and shall choose among available alternative placements, except that, when an emergency makes prior resident involvement impracticable, the Mayor may make a temporary placement until a final placement can be arranged. Except when an attending physician determines that it is medically contraindicated or if the need for immediate transfer or discharge requires otherwise, a resident shall be allowed at least 2 visits to a proposed alternative placement before his or her transfer or discharge.
  (2) Whenever practicable, residents may choose their final alternative placement. No resident shall be forced to remain in a particular temporary or permanent placement, and, whenever placement alternatives are being compared by either the facility or the Mayor, strong consideration shall be given to the proximity of a resident’s relatives and friends.
(b) The Mayor shall develop a model resident transfer and discharge plan to ensure the safe and orderly removal of residents and to protect their health, safety, welfare, and rights. This plan shall be developed in consultation with appropriate District government agencies, consumers, advocates, and the Long-Term Care Ombudsman. The plan shall conform to the requirements of subsection (a) of this section and shall be followed whenever a resident is transferred or discharged unless alterations in the plan are necessary to meet the individual needs of a particular resident. In addition, the plan shall delineate the facility’s responsibilities in both individual and group transfers and discharges. Each facility shall periodically train its staff in transfer and discharge planning in accordance with the plan developed under this subsection.
(c) To facilitate implementation of the resident transfer and discharge plan developed pursuant to subsection (b) of this section, the Mayor may place a relocation team in any facility from which residents are to be transferred or discharged.
D.C. Code § 44-1951 — DC Code / Title 44 / Chapter 19 / § 44-1951
§ 44-1951. Purchasing.
Status: repealed

Repealed.
D.C. Code § 44-2109 — DC Code / Title 44 / Chapter 21 / § 44-2109
§ 44-2109. Gifts to Hospital — Authorization to accept.
Status: repealed

Repealed.
D.C. Code § 44-1914 — DC Code / Title 44 / Chapter 19 / § 44-1914
§ 44-1914. Terms of office.
Status: repealed

Repealed.
D.C. Code § 44-1957 — DC Code / Title 44 / Chapter 19 / § 44-1957
§ 44-1957. Severability.
Status: repealed

Repealed.
D.C. Code § 44-2101 — DC Code / Title 44 / Chapter 21 / § 44-2101
§ 44-2101. Expenses of indigent patients — Payment from District revenues.
Status: repealed

Repealed.
D.C. Code § 44-102.01 — DC Code / Title 44 / Chapter 1 / § 44-102.01
§ 44-102.01. Definitions.
Status: in_force

For purposes of this chapter, the term:
(1) “Activities of Daily Living” or “ADLs” means activities including eating, bathing, toileting, grooming, dressing, undressing, mobility, and in place transfers.
(2) “Aging in place” means minimizing the circumstances which require a person to move to a different setting when his or her condition changes.
(3) “Assistant Living Administrator” or “ALA” means the licensee, or a person designated by the licensee, who oversees the day-to-day operation of the facility, including compliance with all regulations for licensed assisted living residences.
(4) “Assisted Living Residence” or “ALR” means an entity, whether public or private, for profit or not for profit, that combines housing, health, and personalized assistance, in accordance to individually developed service plans, for the support of individuals who are unrelated to the owner or operator of the entity. “Assisted Living Residence” or “ALR” does not include a group home for persons with intellectual disabilities as defined in § 44-501(5) or a mental health community residence facility as that term is used in Chapter 38 of Title 22 of the District of Columbia Municipal Regulations.
(5) “Change of ownership” means the transfer of ownership by an individual, partnership, or association to another and includes transfers of the legal or beneficial ownership of 10% or more of the stock of a corporation that owns or operates an ALR.
(6) “Chemical restraint” means the use of a psychopharmacologic drug for a purpose other than to treat a standard psychiatric diagnosis whose criteria are set forth by the American Psychiatric Association.
(7) “Cognitive impairment” means the loss of those mental processes that orchestrate relatively simple ideas, movements, or actions into goal directed behavior including a lack of judgment, planning, organization, self-control, and the persistence needed to manage normal demands of the individual’s environment. “Cognitive impairment” refers to a condition that interferes with decision-making skills or effective communication including Alzheimer’s disease, multi-infarct dementia, stroke, Parkinson’s disease, and other neurological conditions.
(8) “Functional assessment” means an assessment of a resident’s ability to perform activities of daily living, instrumental activities of daily living, and the degree of assistance required, if any.
(9) “Health-Care Licensure Act” means subchapter I of Chapter 5 of this title .
(10) “Health-Care Protection Act” means Chapter 10 of this title .
(11) “Healthcare practitioner” means a person licensed as a physician or nurse practitioner.
(12) “Healthcare provider” means a healthcare practitioner, home health agency, hospice, rehabilitation agency, or health management organization.
(13) “In place transfer” means movements that involve changes in position in place. “In place transfer” includes an activity such as moving from a bed to a wheelchair or regular chair, moving from a wheelchair to a toilet, bathtub, shower, or car, and moving from a wheelchair, regular chair, or toilet seat to a standing position.
(14) “Individualized Service Plan” or “ISP” means a written plan developed by the provider, in conjunction with the resident and his or her surrogate, if appropriate, which identifies, among other things, services that the licensee will provide or arrange for the resident.
(15) “Instrumental Activities of Daily Living” or “IADL” means daily activities such as housekeeping, meal preparation, shopping, money management, and travel outside the ALR.
(16) “Licensee” means any person, association, partnership, or corporation to which a license is issued pursuant to this chapter.
(17) “Physical restraint” means any manual method or physical or mechanical device, material, or equipment attached to or adjacent to the resident’s body, such as mitts or vests, that the individual cannot remove easily and which restricts freedom of movement or normal access to one’s own body.
(18) “Physician’s statement” means the form approved by the Mayor pursuant to § 44-108.02(b) .
(19) “Resident” means an individual admitted to an ALR pursuant to subchapter VI of this chapter .
(20) “Resident agreement” means the admission agreement between the resident, the resident’s surrogate, when appropriate, and the assisted living residence.
(21) “Shared responsibility” means a process by which the resident, or the resident’s surrogate, and the ALR arrive at an acceptable balance between the resident’s desire for independence and the facility’s legitimate concerns for safety, where there is a disagreement. The purpose of “shared responsibility” is to provide complete information to the resident and the surrogate so that the parties can arrive at an informed agreement of which services are to be provided and in what manner.
(22) “Shared responsibility agreement” means a formal written agreement that outlines the responsibilities and actions of all parties. The agreement is a process for resolving discrepancies between the individual resident’s right to independence and the provider’s concerns for the safety and well being of the individual and others.
(23) “Surrogate” means a person designated by a resident to act on the resident’s behalf pursuant to law.
(24) “Trained Medication Employee” or “TME” means an individual employed to work in an ALR who has successfully completed the training program developed by the Mayor pursuant to § 44-109.06 and who is certified to administer medication to residents.
D.C. Code § 44-108.01 — DC Code / Title 44 / Chapter 1 / § 44-108.01
§ 44-108.01. General.
Status: in_force

A resident assessment required by this subchapter shall form the basis for the development of the resident’s service plan, and shall be completed for all routine admissions to the ALR.
D.C. Code § 44-533.05 — DC Code / Title 44 / Chapter 5 / § 44-533.05
§ 44-533.05. Post-operative requirements.
Status: in_force

(a) Each center shall establish a program to ensure post surgical treatment for each individual treated in the center and shall include (but is not limited to) the following written instructions to be issued to all patients:
  (1) Symptoms of complications to be looked for;
  (2) Activities to be avoided, if any;
  (3) Specific telephone number to be used by the patient should any complication occur or question arise;
  (4) Reminder to make arrangements with the center or the patient's personal physician for a post-operative check-up.
(b) Following the surgical procedure, patients shall be observed in the center for a period of time sufficient to ensure that no immediate post-operative complications are present following the administration of anesthetics.
(c) Patients in whom any adverse condition exists or in whom complication is known or suspected to have occurred during or after the performance of the surgical procedure shall be transferred and admitted to a hospital, if good medical practice so indicates.
D.C. Code § 44-533.02 — DC Code / Title 44 / Chapter 5 / § 44-533.02
§ 44-533.02. Center operation.
Status: in_force

Responsibility for operation of the center shall rest with the center administrator, except that direct patient care shall be the responsibility of the medical director. The administrator may not also serve as medical director.
D.C. Code § 44-1635 — DC Code / Title 44 / Chapter 16A / § 44-1635
§ 44-1635. Release or modification of restrictions on management, investment, or purpose.
Status: in_force

(a) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund. A release or modification may not allow a fund to be used for a purpose other than a charitable purpose of the institution.
(b) (1) The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if:
    (A) The restriction has become impracticable or wasteful;
    (B) The restriction impairs the management or investment of the fund; or
    (C) Because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of the fund.
  (2) The institution shall notify the Attorney General for the District of Columbia of the application, and the Attorney General for the District of Columbia shall be given an opportunity to be heard.
  (3) To the extent practicable, any modification shall be made in accordance with the donor’s probable intention.
(c) (1) If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the court, upon application of an institution, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument.
  (2) The institution shall notify the Attorney General for the District of Columbia of the application, and the Attorney General for the District of Columbia shall be given an opportunity to be heard.
(d) If an institution determines that a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, 60 days after notification to the Attorney General for the District of Columbia, may release or modify the restriction, in whole or part, if:
  (1) The institutional fund subject to the restriction has a total value of less than $50,000, subject to adjustment pursuant to subsection (e) of this section;
  (2) More than 20 years have elapsed since the fund was established; and
  (3) The institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument.
(e) The dollar amount specified in subsection (d)(1) of this section shall be adjusted to reflect changes in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor (“Index”), using 2007 as the base year, as follows:
  (1) The dollar amount shall be adjusted as of January 1st of each year if the cumulative percentage of change in the Index, from the base year or from a later year that was the basis of an adjustment of this amount pursuant to this subsection, rounded to the nearest whole percentage point, is in excess of 10%.
  (2) The amount of any adjustment shall be rounded to the nearest $5,000.
  (3) The dollar amount shall not be reduced below $50,000.
  (4) No adjustment to the dollar amount shall occur before January 1, 2009.
D.C. Code § 44-109.07 — DC Code / Title 44 / Chapter 1 / § 44-109.07
§ 44-109.07. Medication control.
Status: in_force

(a) Each resident shall be identified prior to drug administration.
(b) Drugs prescribed for one resident shall not be administered to another resident.
(c) Staff shall report drug errors and adverse drug reactions immediately to the ALA or ALA designee who shall report, as appropriate, to the doctor, prescriber, pharmacist, resident, and resident’s surrogate and shall document the incident in the resident’s record.
(d) A unit drug compliance package (blister or bubble or unit dose package) shall be developed and implemented where feasible.
(e) Medications shall be refrigerated separately from lab specimens and food.
D.C. Code § 44-671.04 — DC Code / Title 44 / Chapter 6B / § 44-671.04
§ 44-671.04. Medicaid physician provider reimbursement.
Status: in_force

The Mayor may direct the Department to make changes to the physician reimbursement methodology set forth in the State Plan for implementation no later than October 1, 2024.
D.C. Code § 44-504 — DC Code / Title 44 / Chapter 5 / § 44-504
§ 44-504. Rules.
Status: in_force

(a) The Mayor shall issue rules, consistent with other provisions of this chapter and pursuant to subchapter I of Chapter 5 of Title 2 , establishing:
  (1) License fees for private facilities and agencies reasonably calculated to reflect a facility’s or agency’s respective share of the cost of administering the provisions of this subchapter and rules adopted pursuant to this subchapter;
  (2) Procedures deemed necessary to effectuate the purposes of this subchapter, including, but not limited to, procedures for:
    (A) Issuing and renewing licenses and registrations;
    (B) Obtaining variances;
    (C) Ensuring that 6 months after the adoption of applicable rules under this subsection, licensure of all affected facilities and agencies shall be under the new rules;
    (D) Waiving the inspection requirements of § 44-505(a) and (b) for those agencies that deliver services within the District of Columbia but are headquartered and licensed outside the District of Columbia, when, in the opinion of the Mayor, licensure by another jurisdiction constitutes sufficient evidence that the agency is in substantial compliance with District of Columbia law;
    (E) Processing and following up on complaints by facility and agency staff, consumers, and advocates that are filed with the governmental licensing authority;
    (F) Suspending or revoking the license of a facility or agency that is in violation of any provision of this subchapter, rule adopted pursuant to this subchapter, or other provision of District of Columbia or federal law, or whose governing body, chief executive officer, administrator, or director has made a material misrepresentation of fact to a government official with respect to the facility’s or agency’s compliance with any provision of this subchapter, rule adopted pursuant to this chapter, or other provision of District of Columbia or federal law; and
    (G) Appealing from adverse licensure decisions;
  (3) Standards for the construction and operation of each type of facility and agency, including standards governing: safety and sanitation of facilities; organizational governance and administration; employee and volunteer training, staff membership and delineation of clinical privileges (in addition to the standards set forth in § 44-507 ), and other personnel matters; diagnostic, therapeutic, emergency, anesthesia, laboratory, pharmaceutical, dietary, nursing, rehabilitation, social, emergency and non-emergency transportation, and other services; infection control; patient/client/resident care and quality assurance; recordkeeping; utilization review; and internal complaint and appeal procedures; and
  (4) A statement of patients’, clients’, and residents’ rights and responsibilities for each type of facility and agency, including the right to non-discrimination in treatment or access to services based on reasons prohibited by Unit A of Chapter 14 of Title 2 .
(b) Repealed.
(c) In formulating the standards and statements of rights and responsibilities required by subsection (a)(3) and (4) of this section, the Mayor shall, within 30 days after February 24, 1984, appoint an advisory task force for each type of facility and agency except ambulatory surgical facilities and renal dialysis facilities. Each task force shall be composed of consumers, providers, advocates, and government agency representatives, and shall be charged with the responsibility of making formal written recommendations within a time frame established by the Mayor. The Mayor shall give substantial consideration to each task force’s recommendations and shall, on a continuing basis before adoption of proposed rules, maintain a dialogue with each task force while reviewing and acting on its recommendations.
(d) Where appropriate, standards adopted under subsection (a)(3) of this section may incorporate, in whole or in part, the standards of private accrediting bodies and standard-setting organizations, as well as the federal conditions of participation and standards for health-insurance and medical-assistance programs. Whenever the standards of a private accrediting body or standard-setting organization are revised and a copy is submitted to the Mayor, the Mayor shall evaluate the revised standards and determine whether any or all of them should be incorporated into new rules.
(e) Community residence facilities shall distribute a copy of the statement required by subsection (a)(4) of this section to each resident’s parents, guardian, or other responsible person acting on his or her behalf. All other facilities shall conspicuously post copies of this statement near the main entrance and on every floor. Agencies shall distribute a copy of this statement to each patient/client upon the initial delivery of services. Each copy shall specifically state, in boldface, the address and telephone number of the appropriate in-house or intra-agency personnel and governmental authority to which complaints should be addressed.
(e-1) For nursing facility residents, the statement required by subsection (a)(4) of this section shall include, at a minimum, the right to:
  (1) Be fully informed by the nursing facility of all resident rights and all facility rules governing resident conduct and responsibilities upon admission and annually thereafter;
  (2) Either manage one’s own personal finances, or be given a quarterly report of the resident’s finances if this responsibility has been delegated in writing to the nursing facility;
  (3) Be treated with respect and dignity and assured privacy during treatment and when receiving personal care;
  (4) Not be required to perform services for the nursing facility that are not for therapeutic purposes, as identified in the plan of care for the resident;
  (5) Associate and communicate privately with persons of the resident’s choice, unless medically contraindicated;
  (6) Send and receive personal mail, unopened by personnel at the nursing facility;
  (7) Participate in activities of social, religious, and community groups at the discretion of the resident, unless medically contraindicated;
  (8) Keep and use personal clothing and possessions, as space permits, unless to do so would infringe on other residents’ rights or is medically contraindicated;
  (9) Maintain, at the nursing facility, a private locker, chest, or chest drawer that is large enough to accommodate jewelry and small personal property and that can be locked by the resident;
  (10) Be provided with privacy for visits by the resident’s spouse or domestic partner, or, if spouses or domestic partners are both residents in the nursing facility, be permitted to share a room;
  (11) Be free from mental or physical abuse;
  (12) Be free from chemical and physical restraints except as authorized pursuant to federal or District law and regulation;
  (13) Be transferred or discharged only for the grounds set forth in § 44-1003.01 ; and
  (14) Be discharged from the nursing facility after:
    (A) Receiving a consultation from a physician of the medical consequences of discharge; and
    (B) Providing the administrator, physician, or a nurse of the nursing facility written notice of the desire to be discharged; provided, that if the resident is a minor or a guardian has been appointed for a resident, the written request for discharge shall be signed by the resident’s guardian, unless there is a court order to the contrary.
(f) In setting standards under subsection (a)(3) of this section, the Mayor shall require that hospice and home care agency programs be centrally administered and organized to ensure effective coordination of all patient/client care services.
(g) Nothing in this section shall be construed to prohibit a facility or agency from supplementing the standards adopted under subsection (a)(3) of this section by establishing internal standards, policies, and procedures that promote safety and quality care, so long as they are reasonable and not inconsistent with this subchapter, rules adopted pursuant to this subchapter, or other District of Columbia law.
(h) Repealed.
(h-1) (1) As part of the standards for nursing facilities required by subsection (a)(3) of this section, the Mayor shall require nursing facilities to:
    (A) Maintain an organizational and staffing structure that promotes assignment of the same caregivers to care for the same residents as often as practicable;
    (B) Except as provided in paragraph (2) of this subsection:
      (i) Beginning January 1, 2011, have either a physician, physician assistant, or an advanced practice registered nurse, excluding the medical director, available on-site for a minimum of 0.2 hours per week for each resident at the facility; and
      (ii) Beginning January 1, 2012, provide a minimum daily average of 4.1 hours of direct nursing care per resident per day, of which at least 0.6 hours shall be provided by an advanced practice registered nurse or registered nurse, which shall be in addition to any coverage required by sub-subparagraph (i) of this subparagraph;
    (C) Provide annual training to all nursing home employees on the appropriate use of emergency transport and 911 services;
    (D) Make each resident’s attending physician’s contact information readily available to facility staff as well as to each resident and his or her family or legal representative upon request;
    (E) Provide employee training that addresses the special health care needs of the elderly and that addresses the needs of specific populations, including those characterized by:
      (i) Race;
      (ii) Ethnicity;
      (iii) Religious affiliation;
      (iv) Sexual orientation;
      (v) Gender; and
      (vi) Gender identity;
    (F) Ensure that appropriate health care services are available on-site, as determined by the Department of Health, for the purpose of reducing the need to transport residents off-site for routine health services, including:
      (i) Podiatry;
      (ii) Rehabilitative services, such as physical therapy and occupational therapy;
      (iii) Wound care;
      (iv) Mental health;
      (v) Dialysis; and
      (vi) Substance-abuse treatment;
    (G) Develop and maintain written policies and procedures governing the management and operation of the facility, which shall be required by the Department of Health as a component of licensure, reviewed by the Department of Health, and made available upon request, including policies and procedures governing:
      (i) Nursing services;
      (ii) Physician services;
      (iii) Emergency care;
      (iv) Dental services;
      (v) Ventilator services;
      (vi) Use of physical and chemical restraints;
      (vii) Infection control;
      (viii) Medication management;
      (ix) Podiatry services;
      (x) Dialysis services;
      (xi) Recreational services;
      (xii) Emergency water supply;
      (xiii) Laundry and linen management;
      (xiv) Fire and disaster preparedness; and
      (xv) Resident emergency and non-emergency transportation.
    (H) Based on a resident’s right to participate in resident and family groups (Requirements For Long Term Care Facilities, 42 C.F.R. § 483.15(c)), make available to any resident or family group:
      (i) Promotional and advertising assistance so that residents and residents’ family members are aware of their right to convene groups;
      (ii) Adequate meeting space and logistical assistance;
      (iii) Information regarding policies and procedures for nursing home care, resident rights and responsibilities, and laws and rules that apply to the facility and its residents;
      (iv) Staff for the operation of each meeting, upon request; and
      (v) Written feedback and responses to recommendations and grievances;
    (I) Ensure that a resident is seen by a physician within 72 hours of admission and has recorded in his or her medical record:
      (i) An evaluation of the resident’s primary diagnoses;
      (ii) The resident’s:
        (I) Height;
        (II) Weight;
        (III) Mental health status; and
        (IV) Personal care needs;
      (iii) Whether it is medically contraindicated for the resident to participate in:
        (I) Physical;
        (II) Recreational; or
        (III) Rehabilitative activities; and
      (iv) An evaluation of any existing:
        (I) Medical care plan;
        (II) Treatment orders; and
        (III) Medications;
    (J) Obtain a medical order from the resident’s attending physician, the facility’s medical director, an on-staff physician, or advanced practice registered nurse if a resident requires medical treatment prior to calling 911; provided, that a prior medical order shall not be required if it is determined that there is a situation that requires an immediate transfer to a hospital; provided further, that if a nursing facility does not obtain a required medical order prior to calling 911, the facility shall document in the resident’s medical record why obtaining a medical order was not practicable; and
    (K) Conduct a discharge assessment within 14 days of admission, and biannually thereafter, that includes:
      (i) A time frame for discharging the resident to return home or to another facility; and
      (ii) If the resident is likely to be discharged within 6 months of the discharge assessment, a discharge plan.
  (2) The Department of Health shall have the authority to adjust the staffing requirements and formulas set forth in paragraph (1)(B)(i) and (ii) of this subsection based on the individual needs of a nursing facility; provided, that the staffing requirements set forth in paragraph (1)(B)(ii) of this subsection shall never be less than 3.5 hours of direct nursing care per resident per day.
(i) (1) As part of the standards for hospitals and renal dialysis facilities required by subsection (a)(3) of this section, the Mayor shall establish standards and procedures with respect to:
    (A) The labeling, handling, transporting, storage, routine inspection, and preventive maintenance of dialysis equipment;
    (B) The reprocessing and reuse of hemodialyzers, dialysate port caps, and blood port caps;
    (C) Water purification and quality;
    (D) The flushing of residues from potentially toxic sterilants and disinfectants used during manufacture or reprocessing;
    (E) The facility’s responsibility to ensure individualized treatment, including the most appropriate choice of equipment for each patient and, for patients exhibiting hypersensitivity, the use of biocompatible membranes;
    (F) The reporting of equipment failures and occurrences of pyrexia, sepsis, or bacteremia;
    (G) The training, minimum qualifications, and supervision of dialysis staff; and
    (H) The training and support provided to self-dialysis and home dialysis patients.
  (2) The standards and procedures required by paragraph (1) of this subsection shall not be less stringent than the guidelines set forth in the July 28, 1986, Recommended Practice for Reuse of Hemodialyzers published by the Association for the Advancement of Medical Instrumentation (“AAMI Recommended Practice”) and the recommendations of the Centers for Disease Control referenced in those guidelines (“CDC Recommendations”).
  (3) Until the standards and procedures required by paragraph (1) of this subsection become enforceable through licensure, hospitals and renal dialysis facilities shall comply with the AAMI Recommended Practice, except that, where there are CDC Recommendations, hospitals and renal dialysis facilities shall comply with the CDC Recommendations.
  (4) No hospital or renal dialysis facility shall reuse blood tubing or transducer protectors.
  (5) No hospital or renal dialysis facility shall reuse a hemodialyzer or dialyzer caps on a patient unless that patient has first signed a written consent form after having been orally advised by a physician of the potential risks, benefits, and uncertainties surrounding reuse and the disinfection process. The advising physician shall not be a medical director of the facility or dialysis unit, nor shall he or she have a financial interest in the facility. The information conveyed shall consist of a full and fair presentation of representative opinions from those in the medical community who have expressed concerns about reuse practices, and those who support these practices. Any discussion of “first-use syndrome” shall include information about advances in biocompatible-membrane technology.
  (6) Dialysis patients shall have the following nonwaivable rights, to be supplemented by the statement of rights and responsibilities established by the Mayor pursuant to subsection (a)(4) of this section:
    (A) To revoke or limit, either orally or in writing, a previously executed reuse consent at any time and for any reason;
    (B) To be informed before each dialysis treatment of the number of times the dialyzer and dialyzer caps have been previously used;
    (C) To have documented in their patient-care records all consents to reuse, refusals to consent, revocations of consent, and limitations placed upon consent;
    (D) To have unrestricted access to their patient-care records;
    (E) To make the reuse-content decision in an environment devoid of threats, intimidation, or retaliation by the facility or its staff; and
    (F) Except as provided by paragraph (7) of this subsection, to remain at a facility and receive treatments with a new, state-of-the-art dialyzer and new dialyzer caps whenever consent to reuse is refused or revoked or reuse is prohibited by limitations placed upon consent.
  (7) A hospital or renal dialysis facility may transfer or decline to admit a patient on account of that patient’s refusal to consent to the reuse of hemodialyzers or dialyzer caps only if:
    (A) The Mayor certifies that the facility is currently in full compliance with this subsection and all other District of Columbia laws that regulate, either directly or indirectly, the reprocessing and reuse of hemodialyzers and dialyzer caps;
    (B) The facility, in cooperation with a patient-care ombudsman designated by the Mayor, identifies and secures a permanent placement for the patient in an alternative facility within the District of Columbia where that patient will be provided the option of receiving each treatment with a new, state-of-the-art dialyzer and new dialyzer caps; and
    (C) The patient-care ombudsman designated by the Mayor finds that the patient can obtain equally reliable transportation to and from the alternative facility without suffering extreme physical, psychological, or financial hardship.
  (8) Paragraphs (3) through (7) of this subsection shall be applicable and enforceable with respect to all hospitals and renal dialysis facilities, whether licensed or temporarily exempt from licensure under § 44-502(c) , immediately on February 28, 1987.
(j) The proposed rules, except those rules that establish or modify license or registration fees as described in subsection (a) of this section, shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved. Nothing in this section shall affect any requirements imposed upon the Mayor by subchapter I of Chapter 5 of Title 2 .
(k) 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 § 44-659 — DC Code / Title 44 / Chapter 6A / § 44-659
§ 44-659. Applicability date; sunset.
Status: in_force

(a) This chapter shall apply as of May 1, 2013.
(b) This chapter shall sunset as of September 30, 2014.
D.C. Code § 44-1102.04 — DC Code / Title 44 / Chapter 11 / § 44-1102.04
§ 44-1102.04. Governance of the Corporation.
Status: repealed

Repealed.
D.C. Code § 44-752 — DC Code / Title 44 / Chapter 7 / § 44-752
§ 44-752. Restriction on use.
Status: repealed

Repealed.
D.C. Code § 44-1155 — DC Code / Title 44 / Chapter 11A / § 44-1155
§ 44-1155. Pre-hospital care protocol and training.
Status: repealed

Repealed.
D.C. Code § 44-1102.06 — DC Code / Title 44 / Chapter 11 / § 44-1102.06
§ 44-1102.06. Health and Hospitals Public Benefit Corporation Fund.
Status: repealed

Repealed.
D.C. Code § 44-1506 — DC Code / Title 44 / Chapter 15 / § 44-1506
§ 44-1506. Disposition of fines.
Status: in_force

One half of all the fines collected through the instrumentality of the Society or its agents, for violations of such laws shall accrue to the benefit of said Society.
D.C. Code § 44-606 — DC Code / Title 44 / Chapter 6 / § 44-606
§ 44-606. Process of review.
Status: in_force

(a) The Attorney General for the District of Columbia shall approve or disapprove a conversion within 60 days of receiving a request from the applicable agency.
(b) Prior to issuing a decision, the Attorney General for the District of Columbia shall publish the request in at least two newspapers of general publication and may hold a public hearing to receive public testimony. Notice of a public hearing shall be published at least 10 days prior to the hearing. The Attorney General for the District of Columbia may increase the number days of review provided such request will not unnecessarily delay the applicable agency’s decision. The Attorney General for the District of Columbia shall hold a public hearing if requested by any interested person. The Attorney General for the District of Columbia may request or subpoena additional information or witnesses, require and administer oaths, require sworn statements, take depositions, and use related discovery procedures for the purpose of the public hearing.
(c) The Attorney General for the District of Columbia shall employ the services of an independent expert to assess the value of the charitable assets. If the conversion is approved, the Attorney General for the District of Columbia may issue conditions and recommendations regarding the charitable assets. The costs of the review required by this section shall be assessed against the applicant.
D.C. Code § 44-1102.14 — DC Code / Title 44 / Chapter 11 / § 44-1102.14
§ 44-1102.14. Delegation of Council authority to issue bonds.
Status: repealed

Repealed.
D.C. Code § 44-107.02 — DC Code / Title 44 / Chapter 1 / § 44-107.02
§ 44-107.02. Staff training.
Status: in_force

(a) All staff shall be properly trained and be able to demonstrate proficiency in the skills required to effectively meet the requirements of this chapter. Prior to the date of hire, an employee must meet or possess one of the following criteria:
  (1) Be certified as a nurse’s aide;
  (2) Be certified as a home care aide as defined in the Medicare criteria in OBRA 1987;
  (3) Be properly trained by virtue of holding current licenses in a healthcare related field;
  (4) Be properly trained under a plan approved by the Mayor which covers the  following topics, for a minimum of 40 hours:
    (A) Delivering care for the bed-bound resident, including bathing, feeding, shampooing, dressing, positioning, and toileting;
    (B) Use of the first aid kit and knowledge of its location;
    (C) Confidential treatment of personal information;
    (D) Procedures for detecting and reporting suspected abuse, neglect, or exploitation of residents;
    (E) Managing difficult aggressive behavior;
    (F) Advanced body mechanics;
    (G) Communicating with adults, including those with communication deficits such as aphasia, hearing loss, loss of eyesight, and cognitive impairments;
    (H) Recognizing the signs and symptoms of dementia;
    (I) Caring for the cognitively impaired with such behaviors as wandering, repetitive questions, and confusion;
    (J) Techniques for assisting residents in overcoming transfer trauma;
    (K) Awareness of resident’s “change in condition”, including depression and ability to report changes to the appropriate staff according to the protocol of the ALR;
    (L) Basic competence in housekeeping, laundry, food handling, and meal preparation; and
    (M) Any specialized training for special needs not covered through the basic training.
(b) Within 7 days of employment, an ALR shall train a new member of its staff as to the following:
  (1) Their specific duties and assignments;
  (2) The purpose and philosophy of the ALR;
  (3) The services provided;
  (4) The daily routines;
  (5) The rights of residents;
  (6) The emergency procedures and disaster drills and techniques of complying, including evacuating residents when applicable;
  (7) Elementary body mechanics, including proper lifting and in place transfer;
  (8) Choking precautions and airway obstruction, including the Heimlich Maneuver; and
  (9) Infection control.
(c) After the first year of employment, and at least annually thereafter, a staff member shall complete a minimum total of 12 hours of in-service training in the following:
  (1) Emergency procedures and disaster drills;
  (2) Rights of residents;
  (3) Four hours covering cognitive impairments in an in-service training in accordance with the dementia training for direct care workers requirements established by § 7-744.02 ; and
(d) On an annual basis, the ALA shall complete 12 additional hours of training on cognitive impairments approved by a nationally recognized organization with expertise in dementia such as the Alzheimer’s Disease and Related Disorders Association.
D.C. Code § 44-1210 — DC Code / Title 44 / Chapter 12 / § 44-1210
§ 44-1210. Appropriations.
Status: in_force

Sufficient funds to carry out the requirements of this chapter are authorized to be appropriated out of the general revenues of the District of Columbia.
D.C. Code § 44-2004 — DC Code / Title 44 / Chapter 20 / § 44-2004
§ 44-2004. Health Systems Plan; development, publication, updating, and implementation.
Status: repealed

Repealed.
D.C. Code § 44-151.16 — DC Code / Title 44 / Chapter 1A / § 44-151.16
§ 44-151.16. Other licensing or regulation.
Status: in_force

Nothing in this chapter affects the authority of any agency otherwise provided by law to license or regulate any health service facility, domiciliary service facility, or food service.
D.C. Code § 44-663.12 — DC Code / Title 44 / Chapter 6A / § 44-663.12
§ 44-663.12. Hospital Fund.
Status: in_force

(a) There is established as a special fund the Hospital Fund ("Fund"), which shall be administered by the Department in accordance with subsection (c) of this section.
(b) Revenue from the following sources shall be deposited in the Fund:
  (1) Fees collected under this subchapter ;
  (2) Interest and penalties collected under this subchapter ; and
  (3) Other amounts collected under this subchapter .
(c) Money in the Fund shall be used solely as set forth in § 44-663.13(a)(2) .
(d) (1) The money deposited in the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
  (2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation; provided, that any remaining money in the Fund at the end of each fiscal year shall be refunded to hospitals in proportion to the amounts paid by them.
D.C. Code § 44-2013 — DC Code / Title 44 / Chapter 20 / § 44-2013
§ 44-2013. Judicial review of certificate of need decisions.
Status: repealed

Repealed.
D.C. Code § 44-1156 — DC Code / Title 44 / Chapter 11A / § 44-1156
§ 44-1156. Continuous improvement in quality of care.
Status: repealed

Repealed.
D.C. Code § 44-1808 — DC Code / Title 44 / Chapter 18 / § 44-1808
§ 44-1808. Reconsideration of decisions.
Status: repealed

Repealed.
D.C. Code § 44-664.16 — DC Code / Title 44 / Chapter 6A / § 44-664.16
§ 44-664.16. 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 § 44-802 — DC Code / Title 44 / Chapter 8 / § 44-802
§ 44-802. Authority to transmit data or information.
Status: in_force

No person, health-care facility or agency, health professional association, or group practice providing any report, note, record, or other data or information, including advice, opinion, or testimony, to a peer review body shall be liable to any other person for damages or equitable relief by reason of providing such a report, note, record, or other data or information, unless the information provided was false and the person or entity providing the information knew the information was false.
D.C. Code § 44-1206 — DC Code / Title 44 / Chapter 12 / § 44-1206
§ 44-1206. Substance abuse prevention campaign.
Status: in_force

(a) The Mayor shall establish and implement a public education campaign intended to prevent substance abuse.
(b) The public education campaign shall incorporate, at a minimum, the following:
  (1) The dissemination of statistics and other information that illustrate the  dangers of drug use and alcohol abuse;
  (2) The dissemination of information about the symptoms of substance abuse  and dependence;
  (3) The dissemination of information about methods to treat substance abuse  and the availability and cost of treatment facilities in the District;
  (4) The dissemination of literature designed for different age groups and  levels of education published by the District government for distribution on a  regular basis at public places deemed appropriate by the Mayor;
  (5) A series of print, audio, and audiovisual substance abuse education  messages to be provided on a continuing basis to all newspapers, magazines,  radio and television stations, and other mass communications media in the  District for use as public service announcements or advertisements;
  (6) Community forums offered by the District government in conjunction with  professional organizations, community organizations, or individual volunteers  to be conducted on a regular basis at schools, recreation centers, civic and community centers, and other similar facilities; and
  (7) A speaker’s bureau of qualified personnel available to speak, lead  discussions, and present written or audiovisual material at school and  community programs.
(c) All print, audio, and audiovisual material distributed in conjunction with the public education campaign shall include the names, addresses, and telephone numbers of appropriate treatment facilities in the District.
(d) The Mayor shall implement the public education campaign in a manner that promotes the coordination of efforts by participating agencies and the District of Columbia Public Schools.