reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 5 - Health-Care and Community Residence Facility, Hospice and Home Care Licensure › Subchapter I-A - Ambulatory Surgical Treatment Center Licensure › Part A - Purpose and Scope; Definitions › § 44–531.02. Definitions

§ 44–531.02. Definitions.
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.
(Apr. 6, 1978, D.C. Law 2-66, § 103, 24 DCR 6836.)
Editor's Notes
This section was repealed by section 4 of D.C. Law 6-26; however, pursuant to section 6(b) of D.C. Law 6-26, the repeal will not apply until the Mayor issues rules for ambulatory surgical facilities. As of this date, the Mayor has not issued such rules.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 5 - Health-Care and Community Residence Facility, Hospice and Home Care Licensure › Subchapter I-A - Ambulatory Surgical Treatment Center Licensure › Part B - Licensure of Ambulatory Surgical Treatment Centers › § 44–532.01. License required

§ 44–532.01. License required.
No person shall operate an Ambulatory Surgical Treatment Center without having in effect a license issued by the Mayor in accordance with this subchapter. Such license shall be renewed annually and posted conspicuously within the premises of the facility. The annual fee for the license shall be $100.
(Apr. 6, 1978, D.C. Law 2-66, § 201, 24 DCR 6836.)
Editor's Notes
This section was repealed by section 4 of D.C. Law 6-26; however, pursuant to section 6(b) of D.C. Law 6-26, the repeal will not apply until the Mayor issues rules for ambulatory surgical facilities. As of this date, the Mayor has not issued such rules.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 5 - Health-Care and Community Residence Facility, Hospice and Home Care Licensure › Subchapter I-A - Ambulatory Surgical Treatment Center Licensure › Part B - Licensure of Ambulatory Surgical Treatment Centers › § 44–532.02. Application

§ 44–532.02. Application.
Application for license to operate a center shall be made to the Mayor on forms furnished by him and shall include, but not be limited to, the following information:
(1) The name and address of the facility;
(2) The names and addresses of the owners of the facility. If the owner is a corporation, the application shall include the names and addresses of all officers of the corporation and all persons having a 10% or more ownership interest;
(3) The medical and surgical procedures for which the center is to be licensed;
(4) The names and addresses of the center's administrator and medical director;
(5) Evidence of capacity to provide emergency care or secure appropriate emergency care expeditiously for a patient. Such evidence shall include, at a minimum:
(A) Provision of appropriately trained staff, space, equipment and supplies to stabilize the condition of a patient prior to transport to a hospital; and
(B) Agreement(s) between the center and a hospital not more than 20 minutes ambulance driving time from the center that the hospital will admit all center patients needing emergency care, or proof that all physicians using the center have, or a center staff physician is always available who has, admitting privileges at a hospital not more than 20 minutes ambulance time from the center.
(Apr. 6, 1978, D.C. Law 2-66, § 202, 24 DCR 6836.)
Editor's Notes
This section was repealed by section 4 of D.C. Law 6-26; however, pursuant to section 6(b) of D.C. Law 6-26, the repeal will not apply until the Mayor issues rules for ambulatory surgical facilities. As of this date, the Mayor has not issued such rules.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 5 - Health-Care and Community Residence Facility, Hospice and Home Care Licensure › Subchapter I-A - Ambulatory Surgical Treatment Center Licensure › Part B - Licensure of Ambulatory Surgical Treatment Centers › § 44–532.03. Financial responsibility

§ 44–532.03. Financial responsibility.
Each applicant for a surgical center license shall, as a condition to the issuance of such license, submit evidence satisfactory to the Mayor of liability insurance coverage of no less than $100,000 per occurrence and $300,000 in the aggregate.
(Apr. 6, 1978, D.C. Law 2-66, § 203, 24 DCR 6836.)
Editor's Notes
This section was repealed by section 4 of D.C. Law 6-26; however, pursuant to section 6(b) of D.C. Law 6-26, the repeal will not apply until the Mayor issues rules for ambulatory surgical facilities. As of this date, the Mayor has not issued such rules.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 5 - Health-Care and Community Residence Facility, Hospice and Home Care Licensure › Subchapter I-A - Ambulatory Surgical Treatment Center Licensure › Part B - Licensure of Ambulatory Surgical Treatment Centers › § 44–532.04. Refusal to Issue or Renew License; Revocation or Suspension

§ 44–532.04. Refusal to Issue or Renew License; Revocation or Suspension.
The Mayor may refuse to issue, or to renew, or may revoke or suspend, the license of a center for any of the following reasons:
(1) Violation of any provision of this subchapter;
(2) Knowingly furnishing false or misleading information to the Mayor, or failure to furnish information requested;
(3) Knowingly furnishing false, misleading or fraudulent information regarding the center to the public;
(4) Imminent danger to public health or welfare;
(5) Failure to maintain acceptable standards of cleanliness and sanitation required of surgical units.
(Apr. 6, 1978, D.C. Law 2-66, § 204, 24 DCR 6836.)
Editor's Notes
This section was repealed by section 4 of D.C. Law 6-26; however, pursuant to section 6(b) of D.C. Law 6-26, the repeal will not apply until the Mayor issues rules for ambulatory surgical facilities. As of this date, the Mayor has not issued such rules.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 5 - Health-Care and Community Residence Facility, Hospice and Home Care Licensure › Subchapter I-A - Ambulatory Surgical Treatment Center Licensure › Part B - Licensure of Ambulatory Surgical Treatment Centers › § 44–532.05. Notice and hearings

§ 44–532.05. Notice and hearings.
When the Mayor determines that there are grounds for denial, suspension or revocation of a license under this subchapter, the Mayor shall serve upon the applicant or licensee a written notice of the proposed action, informing the applicant or licensee of his right to request, within 7 days from service of notice, a hearing before the Mayor at which time the applicant or licensee may show cause why his application for a license or renewal of his license should not be denied or his license not suspended or revoked. The notice to the applicant or licensee shall also specify what action, whether it be denial, suspension or revocation, is contemplated, the grounds therefor, and that such proposed action shall be taken in no hearing is requested.
(Apr. 6, 1978, D.C. Law 2-66, § 205, 24 DCR 6836.)
Editor's Notes
This section was repealed by section 4 of D.C. Law 6-26; however, pursuant to section 6(b) of D.C. Law 6-26, the repeal will not apply until the Mayor issues rules for ambulatory surgical facilities. As of this date, the Mayor has not issued such rules.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 5 - Health-Care and Community Residence Facility, Hospice and Home Care Licensure › Subchapter I-A - Ambulatory Surgical Treatment Center Licensure › Part C - Center Administration and Management › § 44–533.01. Organization of center

§ 44–533.01. Organization of center.
(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.
(Apr. 6, 1978, D.C. Law 2-66, § 301, 24 DCR 6836.)
Editor's Notes
This section was repealed by section 4 of D.C. Law 6-26; however, pursuant to section 6(b) of D.C. Law 6-26, the repeal will not apply until the Mayor issues rules for ambulatory surgical facilities. As of this date, the Mayor has not issued such rules.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 5 - Health-Care and Community Residence Facility, Hospice and Home Care Licensure › Subchapter I-A - Ambulatory Surgical Treatment Center Licensure › Part C - Center Administration and Management › § 44–533.02. Center operation

§ 44–533.02. Center operation.
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.
(Apr. 6, 1978, D.C. Law 2-66, § 302, 24 DCR 6836.)
Editor's Notes
This section was repealed by section 4 of D.C. Law 6-26; however, pursuant to section 6(b) of D.C. Law 6-26, the repeal will not apply until the Mayor issues rules for ambulatory surgical facilities. As of this date, the Mayor has not issued such rules.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 5 - Health-Care and Community Residence Facility, Hospice and Home Care Licensure › Subchapter I-A - Ambulatory Surgical Treatment Center Licensure › Part C - Center Administration and Management › § 44–533.03. Staffing

§ 44–533.03. Staffing.
Each center shall have an administrator and a medical director. The director must be a physician licensed to practice the healing art in the District of Columbia. There shall be sufficient professional staff to perform services for which the center is licensed in conformity with generally accepted standards of good medical practice. No clinical procedure may be performed unless sufficient professional staff is on duty to both carry out the procedure and render any emergency services that may be needed, including, if necessary, accompanying the patient to a hospital.
(Apr. 6, 1978, D.C. Law 2-66, § 303, 24 DCR 6836.)
Editor's Notes
This section was repealed by section 4 of D.C. Law 6-26; however, pursuant to section 6(b) of D.C. Law 6-26, the repeal will not apply until the Mayor issues rules for ambulatory surgical facilities. As of this date, the Mayor has not issued such rules.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 5 - Health-Care and Community Residence Facility, Hospice and Home Care Licensure › Subchapter I-A - Ambulatory Surgical Treatment Center Licensure › Part C - Center Administration and Management › § 44–533.04. Pre-operative requirements

§ 44–533.04. Pre-operative requirements.
(a) A current statement in writing indicating informed consent and a signed authorization by the patient for the performance of a surgical procedure shall be procured and shall form a part of the patient's medical record.
(b) Appropriate medical history shall be obtained and the physical examination shall be sufficient to determine the state of health of the patient prior to performance of the surgical procedure.
(c) Appropriate current laboratory tests shall be performed on patients in accordance with standard medical practice.
(d) Written policies and procedures for coordination or referral from various sources, including transmittal of appropriate patient records, shall be established by the Medical Director and adhered to by all members of the staff.
(Apr. 6, 1978, D.C. Law 2-66, § 304, 24 DCR 6836.)
Editor's Notes
This section was repealed by section 4 of D.C. Law 6-26; however, pursuant to section 6(b) of D.C. Law 6-26, the repeal will not apply until the Mayor issues rules for ambulatory surgical facilities. As of this date, the Mayor has not issued such rules.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 5 - Health-Care and Community Residence Facility, Hospice and Home Care Licensure › Subchapter I-A - Ambulatory Surgical Treatment Center Licensure › Part C - Center Administration and Management › § 44–533.05. Post-operative requirements

§ 44–533.05. Post-operative requirements.
(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.
(Apr. 6, 1978, D.C. Law 2-66, § 305, 24 DCR 6836.)
Editor's Notes
This section was repealed by section 4 of D.C. Law 6-26; however, pursuant to section 6(b) of D.C. Law 6-26, the repeal will not apply until the Mayor issues rules for ambulatory surgical facilities. As of this date, the Mayor has not issued such rules.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 5 - Health-Care and Community Residence Facility, Hospice and Home Care Licensure › Subchapter I-A - Ambulatory Surgical Treatment Center Licensure › Part C - Center Administration and Management › § 44–533.06. Center records and report requirements

§ 44–533.06. Center records and report requirements.
(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.
(Apr. 6, 1978, D.C. Law 2-66, § 306, 24 DCR 6836.)
Editor's Notes
This section was repealed by section 4 of D.C. Law 6-26; however, pursuant to section 6(b) of D.C. Law 6-26, the repeal will not apply until the Mayor issues rules for ambulatory surgical facilities. As of this date, the Mayor has not issued such rules.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 5 - Health-Care and Community Residence Facility, Hospice and Home Care Licensure › Subchapter I-A - Ambulatory Surgical Treatment Center Licensure › Part D - Center Equipment and Maintenance › § 44–534.01. Supplies and equipment for care

§ 44–534.01. Supplies and equipment for care.
There shall be sufficient equipment for patient care according to types of patients, service programs, and procedures. There shall be adequate monitoring equipment, oxygen and related items available within the surgical and post-operative recovery area. Cardiac-pulmonary resuscitation equipment with trained personnel shall be available in facilities utilizing general anesthesia. There shall be written procedures governing the care, use, sterilization, storage and disposal of all materials. There shall be written procedures to assure safety in storage and use of inhalation anesthetics, medical gases, narcotics and medications. A program shall be formulated and implemented which shall acquaint all personnel with the established medication policies and procedures and assure enforcement.
(Apr. 6, 1978, D.C. Law 2-66, § 401, 24 DCR 6836.)
Editor's Notes
This section was repealed by section 4 of D.C. Law 6-26; however, pursuant to section 6(b) of D.C. Law 6-26, the repeal will not apply until the Mayor issues rules for ambulatory surgical facilities. As of this date, the Mayor has not issued such rules.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 5 - Health-Care and Community Residence Facility, Hospice and Home Care Licensure › Subchapter I-A - Ambulatory Surgical Treatment Center Licensure › Part D - Center Equipment and Maintenance › § 44–534.02. Environmental health standards

§ 44–534.02. Environmental health standards.
(a) Persons responsible for maintenance of the physical plant, including housekeeping, shall be specifically identified.
(b) Treatment rooms shall have a minimum clear floor area sufficient to permit removal of a patient by stretcher. A lavatory or sink with handwashing facility with controls appropriate for mode sterility technique used by the facility shall be provided.
(c) Illumination shall provide at least the equivalent of 100 foot candles of light at the examining table, as well as in the surgical area.
(d) There shall be a preventive maintenance program for mechanical equipment and medical devices. This program of prevention maintenance should include, but is not limited to, regularly scheduled inspection of medical equipment.
(e) There shall be convenient handwashing facilities and/or necessary control valves to minimize the potential of cross contamination.
(f) An environmental monitoring program, which shall include environmental surveillance and infection surveillance, shall be established and followed routinely.
(Apr. 6, 1978, D.C. Law 2-66, § 402, 24 DCR 6836.)
Editor's Notes
This section was repealed by section 4 of D.C. Law 6-26; however, pursuant to section 6(b) of D.C. Law 6-26, the repeal will not apply until the Mayor issues rules for ambulatory surgical facilities. As of this date, the Mayor has not issued such rules.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 5 - Health-Care and Community Residence Facility, Hospice and Home Care Licensure › Subchapter I-A - Ambulatory Surgical Treatment Center Licensure › Part E - Micellaneous Povisions › § 44–535.01. Inspection

§ 44–535.01. Inspection.
The Mayor shall have the right to inspect any facility licensed under this subchapter, any facility applying for a license under this subchapter, and all records maintained therein, at any reasonable time either with or without prior notice. The entry and inspection shall take place with the least possible disruption to the patients. Any information concerning the content of a facility's records shall not be released by the District of Columbia government until all patient names have been deleted.
(Apr. 6, 1978, D.C. Law 2-66, § 501, 24 DCR 6836.)
Editor's Notes
This section was repealed by section 4 of D.C. Law 6-26; however, pursuant to section 6(b) of D.C. Law 6-26, the repeal will not apply until the Mayor issues rules for ambulatory surgical facilities. As of this date, the Mayor has not issued such rules.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 5 - Health-Care and Community Residence Facility, Hospice and Home Care Licensure › Subchapter I-A - Ambulatory Surgical Treatment Center Licensure › Part E - Micellaneous Povisions › § 44–535.02. Prohibitions

§ 44–535.02. Prohibitions.
(a) No surgical procedure requiring general anesthesia shall be performed in a center except under the immediate medical direction of a physician licensed to practice the healing art in the District of Columbia and who is a qualified anesthesiologist.
(b) If a center knows, or reasonably should know, that any patient was referred to it by a referral services which charged a fee for such referral, the facility shall immediately report all pertinent facts of such alleged referral to the Corporation Counsel of the District of Columbia.
(c) "Fee-splitting", or the sharing of a fee between any physician, person, agency, or clinic, for any charge, services or referral by or with an ambulatory treatment center shall be prohibited.
(Apr. 6, 1978, D.C. Law 2-66, § 502, 24 DCR 6836.)
Editor's Notes
This section was repealed by section 4 of D.C. Law 6-26; however, pursuant to section 6(b) of D.C. Law 6-26, the repeal will not apply until the Mayor issues rules for ambulatory surgical facilities. As of this date, the Mayor has not issued such rules.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 5 - Health-Care and Community Residence Facility, Hospice and Home Care Licensure › Subchapter I-A - Ambulatory Surgical Treatment Center Licensure › Part E - Micellaneous Povisions › § 44–535.03. Penalty

§ 44–535.03. Penalty.
Any person violating any provision of these regulations shall be fined not more than $300, or imprisoned for not more than 90 days.
(Apr. 6, 1978, D.C. Law 2-66, § 503, 24 DCR 6836.)
Editor's Notes
This section was repealed by section 4 of D.C. Law 6-26; however, pursuant to section 6(b) of D.C. Law 6-26, the repeal will not apply until the Mayor issues rules for ambulatory surgical facilities. As of this date, the Mayor has not issued such rules.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 5 - Health-Care and Community Residence Facility, Hospice and Home Care Licensure › Subchapter I-A - Ambulatory Surgical Treatment Center Licensure › Part E - Micellaneous Povisions › § 44–535.04. Severability

§ 44–535.04. Severability.
Any paragraph or subparagraph or any elements thereof of any section and each section and each paragraph and/or subparagraph of each section are hereby deemed as separate and independent.
(Apr. 6, 1978, D.C. Law 2-66, § 504, 24 DCR 6836.)
Editor's Notes
This section was repealed by section 4 of D.C. Law 6-26; however, pursuant to section 6(b) of D.C. Law 6-26, the repeal will not apply until the Mayor issues rules for ambulatory surgical facilities. As of this date, the Mayor has not issued such rules.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 5 - Health-Care and Community Residence Facility, Hospice and Home Care Licensure › Subchapter II - Unlicensed Personnel Criminal Background Check › § 44–553. Penalties for unauthorized released of criminal information

§ 44–553. Penalties for unauthorized released of criminal information.
(a) Any person releasing or disclosing any information in violation of § 44-552(c) shall be guilty of a misdemeanor, and shall be punishable by the payment of a fine not greater than $300, a term of imprisonment not greater than 30 days, or both.
(b) Civil fines, penalties, and fees may be imposed as sanctions for any violation of this subchapter or the rules issued pursuant to this subchapter, pursuant to Chapter 18 of Title 2.
(c) No facility shall be subject to civil liability that in good faith relies on a criminal background check to terminate, or to refuse to offer employment to, any individual.
(Apr. 20, 1999, D.C. Law 12-238, § 4, 46 DCR 881.)
Prior Codifications
1981 Ed., § 32-1353.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 5 - Health-Care and Community Residence Facility, Hospice and Home Care Licensure › Subchapter II - Unlicensed Personnel Criminal Background Check › § 44–554. Rules

§ 44–554. Rules.
The Mayor may issue rules to implement this subchapter, including procedures for additional enforcement actions for violation of this subchapter and the setting of fees in accordance with the provisions of subchapter I of Chapter 5 of Title 2.
(Apr. 20, 1999, D.C. Law 12-238, § 5, 46 DCR 881.)
Prior Codifications
1981 Ed., § 32-1354.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 6 - Healthcare Entity Conversion › § 44–601. Findings

§ 44–601. Findings.
The Council finds and declares the following:
(1) Charitable healthcare entities hold all their assets in trust, and those assets are irrevocably dedicated, as a condition of their tax-exempt status, to the specific charitable purposes set forth in the articles of incorporation of the entities.
(2) The public is the beneficiary of that trust.
(3) Healthcare entities have a substantial and beneficial effect on the quality of life of the people of the District of Columbia, providing as part of their charitable mission a large list of services to low-income families and the poor, elderly, and people with disabilities.
(4) Transfers of the assets of healthcare entities, such as by sale, joint venture, or other sharing of assets, to for-profit entities directly affect the charitable uses of those assets and may adversely affect the public as the beneficiary of the charitable assets.
(5) The Attorney General for the District of Columbia is entrusted by common law to bring actions on behalf of the public in the event of a breach of the charitable trust of a healthcare entity and to represent the public in the sale or other transfer of the assets of a healthcare entity.
(6) It is in the best interest of the public to ensure that the public interest is fully protected whenever the assets or operations of a healthcare entity are transferred, directly or indirectly, from a charitable trust to a for-profit or mutual benefit entity.
(7) The approval by the Attorney General for the District of Columbia of any transfer of assets or operations is necessary to ensure the protection of these trusts.
(Oct. 23, 1997, D.C. Law 12-32, § 2, 44 DCR 4819; Apr. 20, 1999, D.C. Law 12-264, § 34, 46 DCR 2118; Apr. 13, 2005, D.C. Law 15-354, § 66, 52 DCR 2638; Apr. 24, 2007, D.C. Law 16-305, § 71, 53 DCR 6198.)
Prior Codifications
1981 Ed., § 32-551.
Effect of Amendments
D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”.
D.C. Law 16-305, in par. (3), substituted “people with disabilities” for “disabled”.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 6 - Healthcare Entity Conversion › § 44–602. Definitions

§ 44–602. Definitions.
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.
(Oct. 23, 1997, D.C. Law 12-32, § 3, 44 DCR 4819; Apr. 13, 2005, D.C. Law 15-354, § 66, 52 DCR 2638; Mar. 2, 2007, D.C. Law 16-191, § 69, 53 DCR 6794.)
Prior Codifications
1981 Ed., § 32-552.
Section References
This section is referenced in § 44-401.
Effect of Amendments
D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”.
D.C. Law 16-19 repealed par. (4) which had read as follows: “(4) ‘Attorney General for the District of Columbia’ means the Attorney General for the District of Columbia.”
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 6 - Healthcare Entity Conversion › § 44–604. Charitable trusts

§ 44–604. Charitable trusts.
(a) If the Attorney General for the District of Columbia determines, pursuant to § 44-603(12), that the charitable assets of a healthcare entity have not 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, the Attorney General for the District of Columbia shall ensure that a charitable trust is established.
(b) The governance of any charitable trust established to safeguard assets subject to the provisions of this chapter shall be subject to review by the Attorney General for the District of Columbia, who shall ensure the following: that the governance of the charitable trust is broadly based in the community historically served by the healthcare entity; that the participation on the board of the charitable trust be persons involved in negotiating the conversion shall be limited; that such limitations may take the form of restrictions on the number of representatives or their length of services; and that the charitable activities of the nonprofit person shall not be used to satisfy the charitable obligations of the for-profit entity.
(Oct. 23, 1997, D.C. Law 12-32, § 5, 44 DCR 4819; Apr. 13, 2005, D.C. Law 15-354, § 66, 52 DCR 2638.)
Prior Codifications
1981 Ed., § 32-554.
Effect of Amendments
D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 6 - Healthcare Entity Conversion › § 44–605. Mandatory condition precedent

§ 44–605. Mandatory condition precedent.
The conversion approval required by § 44-603 shall be a condition precedent to the issuance of a Certificate of Need or a Certificate of Authority, permit, license, and any other type of official approval, except zoning approval, by an agency or officer or employee of the District government which is necessary for a particular health project.
(Oct. 23, 1997, D.C. Law 12-32, § 6, 44 DCR 4819.)
Prior Codifications
1981 Ed., § 32-555.
Section References
This section is referenced in § 31-3502.
Cross References
Hospital and medical services corporation regulation, exclusivity of provisions, see § 31-3502.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 6 - Healthcare Entity Conversion › § 44–606. Process of review

§ 44–606. Process of review.
(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.
(Oct. 23, 1997, D.C. Law 12-32, § 7, 44 DCR 4819; Apr. 13, 2005, D.C. Law 15-354, § 66, 52 DCR 2638.)
Prior Codifications
1981 Ed., § 32-556.
Effect of Amendments
D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 6 - Healthcare Entity Conversion › § 44–607. Declaratory judgment

§ 44–607. Declaratory judgment.
A for-profit entity or healthcare entity that has participated in the review process may bring an action for declaratory judgment against the decision of the Attorney General for the District of Columbia and may appeal the decision to the Superior Court according to the standards set forth in § 2-510.
(Oct. 23, 1997, D.C. Law 12-32, § 8, 44 DCR 4819; Apr. 13, 2005, D.C. Law 15-354, § 66, 52 DCR 2638.)
Prior Codifications
1981 Ed., § 32-557.
Section References
This section is referenced in § 31-3502.
Effect of Amendments
D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”.
Cross References
Hospital and medical services corporation regulation, exclusivity of provisions, see § 31-3502.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 6 - Healthcare Entity Conversion › § 44–608. Conversion fee

§ 44–608. Conversion fee.
If a nonprofit entity is a party to a conversion approved pursuant to § 44-603, the District shall make an assessment, to recover part of the charitable assets, equal to 10% of the amount of the real property tax the healthcare entity would have paid during the past 5 years had it not been exempt from federal income taxation under sections 501(c) or (e) of the Internal Revenue Code. Such amount shall be paid in three equal installments.
(Oct. 23, 1997, D.C. Law 12-32, § 9, 44 DCR 4819.)
Prior Codifications
1981 Ed., § 32-558.
References in Text
Section 501 of the Internal Revenue Code, referred to in this section, is codified as 26 U.S.C. § 501.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 6 - Healthcare Entity Conversion › § 44–609. Violations and penalties for noncompliance

§ 44–609. Violations and penalties for noncompliance.
(a) The Attorney General for the District of Columbia may seek injunctive relief if the Attorney General for the District of Columbia determines that a person is offering, developing, or operating a entity in violation of this chapter.
(b) Any person, including the principal officers or agents of the for-profit entity, the healthcare entity, or any other party to a conversion subject to the provisions of this chapter, who violates any provision of this chapter by the willful failure to obtain the approval of the Attorney General for the District of Columbia required by § 44-603, or who deviates from the provision of any decision approving a conversion issued pursuant to § 44-603, upon conviction, shall be subject to a fine of not less than $2,500 and not more than $10,000. Each day of a continuing violation shall constitute a separate offense.
(Oct. 23, 1997, D.C. Law 12-32, § 10, 44 DCR 4819; Apr. 13, 2005, D.C. Law 15-354, § 66, 52 DCR 2638.)
Prior Codifications
1981 Ed., § 32-559.
Effect of Amendments
D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 6 - Healthcare Entity Conversion › § 44–610. Rules

§ 44–610. Rules.
The requirements of this chapter shall become fully operative on October 23, 1997, without adoption by the Attorney General for the District of Columbia of implementing regulations. In its discretion, the Attorney General for the District of Columbia may issue emergency or proposed rules to implement the provisions of this chapter. The proposed rules, if issued, shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules within the 45-day period, the proposed rules shall be deemed approved.
(Oct. 23, 1997, D.C. Law 12-32, § 11, 44 DCR 4819; Apr. 13, 2005, D.C. Law 15-354, § 66, 52 DCR 2638.)
Prior Codifications
1981 Ed., § 32-560.
Effect of Amendments
D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 6A - Medicaid Hospital Outpatient Supplemental Payments and Medicaid Hospital Inpatient Rate Supplements › Subchapter I - 2013 - 2014 Medicaid Hospital Inpatient Rate Supplement. [Expired] › § 44–631. Definitions. [Expired]

§ 44–631. Definitions. [Expired]
Expired.
(Sept. 24, 2010, D.C. Law 18-223, § 5012, 57 DCR 6242.)
Emergency Legislation
For temporary (90 day) addition, see § 1102 of Fiscal Year 2010 Balanced Budget Support Emergency Act of 2010 (D.C. Act 18-450, June 28, 2010, 57 DCR 5635).
For temporary (90 day) addition, see § 5012 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
For temporary (90 day) addition, see §§ 1102 of Fiscal Year 2010 Balanced Budget Support Congressional Review Emergency Act of 2010 (D.C. Act 18-531, August 6, 2010, 57 DCR 8109).
Temporary Legislation
Section 1102 of D.C. Law 18-222 added a section to read as follows:
“Sec. 1102. Definitions.
“For the purposes of this act, the term:
“(1) ‘Hospital’ has the same meaning as set forth in section 2(a)(1) of the Health-Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48; D.C. Official Code § 44-501(a)(1)), but excludes St. Elizabeths Hospital and any hospital operated by the federal government.
“(2) ‘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 section 1 of An Act To enable the District of Columbia to receive Federal financial assistance under title XIX of the Social Security Act for a medical assistance program, and for other purposes, approved December 27, 1967 (81 Stat. 744; D.C. Official Code § 1-307.02), and administered by the Department of Health Care Finance.”
Section 2002(b) of D.C. Law 18-222 provided that the act shall expire after 225 days of its having taken effect.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 6A - Medicaid Hospital Outpatient Supplemental Payments and Medicaid Hospital Inpatient Rate Supplements › Subchapter I - 2013 - 2014 Medicaid Hospital Inpatient Rate Supplement. [Expired] › § 44–632. Hospital Fund. [Expired]

§ 44–632. Hospital Fund. [Expired]
Expired.
(Sept. 24, 2010, D.C. Law 18-223, § 5013, 57 DCR 6242.)
Section References
This section is referenced in § 44-633.
Emergency Legislation
For temporary (90 day) addition, see § 1103 of Fiscal Year 2010 Balanced Budget Support Emergency Act of 2010 (D.C. Act 18-450, June 28, 2010, 57 DCR 5635).
For temporary (90 day) addition, see § 5013 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
For temporary (90 day) addition, see § 1103 of Fiscal Year 2010 Balanced Budget Support Congressional Review Emergency Act of 2010 (D.C. Act 18-531, August 6, 2010, 57 DCR 8109).
Temporary Legislation
Section 1103 of D.C. Law 18-222 added a section to read as follows:
“Sec. 1103. Hospital Fund.
“(a) There is established as a nonlapsing fund the Hospital Fund, which shall be used solely to fund District State Medicaid services.
“(b) There shall be deposited into the Hospital Fund:
“(1) Assessments collected under this act;
“(2) Interest and penalties collected under this act;
“(3) Matching federal funds on assessments; and
“(4) Other amounts collected under this act.
“(c) All funds deposited in the Hospital Fund, and any interest earned on those funds, 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, but shall be continually available for the purpose set forth in subsection (a) of this section without regard to fiscal year limitation, subject to authorization by Congress.”
Section 2002(b) of D.C. Law 18-222 provided that the act shall expire after 225 days of its having taken effect.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 6A - Medicaid Hospital Outpatient Supplemental Payments and Medicaid Hospital Inpatient Rate Supplements › Subchapter I - 2013 - 2014 Medicaid Hospital Inpatient Rate Supplement. [Expired] › § 44–634. Interest and penalties. [Expired]

§ 44–634. Interest and penalties. [Expired]
Expired.
(Sept. 24, 2010, D.C. Law 18-223, § 5015, 57 DCR 6242.)
Emergency Legislation
For temporary (90 day) addition, see § 1105 of Fiscal Year 2010 Balanced Budget Support Emergency Act of 2010 (D.C. Act 18-450, June 28, 2010, 57 DCR 5635).
For temporary (90 day) addition, see § 5015 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
For temporary (90 day) addition, see §§ 1104 of Fiscal Year 2010 Balanced Budget Support Congressional Review Emergency Act of 2010 (D.C. Act 18-531, August 6, 2010, 57 DCR 8109).
For temporary (90 day) amendment of section, see § 512 of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).
For temporary (90 day) amendment of section, see § 8032 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).
Temporary Legislation
Section 1105 of D.C. Law 18-222 added a section to read as follows:
“Sec. 1105. Interest and penalties.
“(a) If a hospital fails to pay the full amount of an assessment by the date required by this act, or by rules issued pursuant to this act, the hospital shall pay, in addition to the required assessment:
“(1) Interest at the rate of 1.5% of the assessment per month or any fraction thereof, which shall be added to the unpaid balance; and
“(2) An administrative penalty of 10% of the assessment.
“(b) The District of Columbia shall have a lien upon a hospital’s real and personal property located in the District of Columbia for any assessments, interest, or administrative penalties that are due under this act, or rules issued pursuant to this act.
“(c) An action brought to enforce the provisions of this section shall be brought in the Superior Court of the District of Columbia by the Attorney General for the District of Columbia in the name of the District of Columbia.”
Section 2002(b) of D.C. Law 18-222 provided that the act shall expire after 225 days of its having taken effect.