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2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20 - Child Care Services and Facilities › Subchapter I-B - Access to Quality Child Care Fund › § 7–2021.02. Access to Quality Child Care Fund

§ 7–2021.02. Access to Quality Child Care Fund.
(a) There is established as a special fund the Access to Quality Child Care Fund ("Fund"), which shall be administered by the Office of the State Superintendent of Education in accordance with § 7-2021.03 and subsection (c) of this section.
(b) There shall be deposited into the Fund:
(1) In Fiscal Year 2018, $11 million from local appropriations; and
(2) Private donations, gifts, and grants.
(c) Money in the Fund shall be used to provide grants or contracts to fund the following activities that expand access to child care:
(1) Improving the supply of child care services for infants and toddlers, which may include establishing new or expanding existing child development facilities serving infants and toddlers; provided, that at least 50% of amounts expended pursuant to this paragraph are used to improve the supply of child care services for infants and toddlers eligible for subsidized child care;
(2) Supporting the costs of certification, higher education, and credentialing of child development facility staff;
(3) Providing technical assistance and training to child development facility operators to support compliance with the licensure process or efficient and effective operations;
(4) Evaluating and assessing the availability, quality, and willingness of child development facility operators to expand services for infants and toddlers in the District and conducting studies authorized pursuant to subchapter I-A of this chapter; and
(5) Carrying out other activities as determined by OSSE related to expanding access to infant and toddler child care and improving the quality of child care services provided in the District.
(d)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(Dec. 13, 2017, D.C. Law 22-33, § 4103, 64 DCR 7652.)
Emergency Legislation
For temporary (90-day) creation of this section, see § 4103 of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).
For temporary (90-day) creation of this section, see § 4103 of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20 - Child Care Services and Facilities › Subchapter II - Child Development Facilities Regulation › § 7–2032. Applicability and scope

§ 7–2032. Applicability and scope.
(a) This subchapter shall apply to every child development facility and care giver in the District of Columbia.
(b) Unless exempted by this subchapter or the laws of other jurisdictions, the provisions and requirements in this subchapter shall also apply to all child development facilities operated by the District government outside the District of Columbia.
(Apr. 13, 1999, D.C. Law 12-215, § 3, 46 DCR 274.)
Prior Codifications
1981 Ed., § 6-3622.
Emergency Legislation
For temporary addition of subchapter, see notes to § 7-2031.
Temporary Legislation
See notes to § 7-2031.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20 - Child Care Services and Facilities › Subchapter II - Child Development Facilities Regulation › § 7–2033. Exemptions

§ 7–2033. Exemptions.
The provisions of this subchapter shall not apply to the following:
(1) Occasional babysitting in a babysitter’s home for the children of one family;
(2) Informal parent-supervised neighborhood play groups;
(2A) Formal parent-led play cooperatives;
(3) Care furnished in places of worship during religious services;
(4) Care given by an individual who is related to the child, infant, or toddler;
(5) Child development facilities operated by the federal government on federal government property; however, a private child care provider utilizing space in or on federal government property is not exempt unless federal law specifically exempts the facility from the District’s regulatory authority; or
(6) Pre-kindergarten education programs licensed pursuant to Chapter 2A of Title 38.
(Apr. 13, 1999, D.C. Law 12-215, § 4, 46 DCR 274; July 18, 2008, D.C. Law 17-202, § 603(b), 55 DCR 6297; Mar. 29, 2019, D.C. Law 22-277, § 2(b), 66 DCR 1725.)
Prior Codifications
1981 Ed., § 6-3623.
Effect of Amendments
D.C. Law 17-202, in par. (4), deleted “or” from the end; in par. (5), substituted “; or” for a period at the end; and added par. (6).
Emergency Legislation
For temporary (90 days) , see § 2(b) of Parent-led Play Cooperative Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-15, Feb. 25, 2019, 66 DCR 2472).
For temporary (90 days) amendment of this section, see § 2(b) of Parent-led Play Cooperative Emergency Amendment Act of 2018 (D.C. Act 22-494, Oct. 23, 2018, 65 DCR12074).
For temporary addition of subchapter, see notes to § 7-2031.
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2(b) of Parent-led Play Cooperative Temporary Amendment Act of 2018 (D.C. Law 22-203, Feb. 22, 2019, 65 DCR 12336).
See notes to § 7-2031.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20 - Child Care Services and Facilities › Subchapter II - Child Development Facilities Regulation › § 7–2033.01. Transfers of personnel, property, and funds from Department of Health to Office of the State Superintendent of Education; continuation

§ 7–2033.01. Transfers of personnel, property, and funds from Department of Health to Office of the State Superintendent of Education; continuation.
(a) All positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the Department of Health that support the functions related to the licensure of child-care programs in the Early Care and Education Administration and the Early Intervention Program shall be transferred to the Office of the State Superintendent of Education, established by § 38-2601, within 60 days of July 18, 2008.
(b) All rules, orders, obligations, determinations, grants, contracts, licenses, and agreements of the Department of Health, the Department of Human Services, the Board of Education, or the District of Columbia Public Schools relating to the functions transferred to the Office of the State Superintendent of Education pursuant to subsection (a) of this section shall remain in effect according to their terms until lawfully amended, repealed, or modified.
(Apr. 13, 1999, D.C. Law 12-215, § 4a; as added July 18, 2008, D.C. Law 17-202, § 603(c), 55 DCR 6297; Sept. 26, 2012, D.C. Law 19-171, § 51, 59 DCR 6190.)
Effect of Amendments
The 2012 amendment by D.C. Law 19-171 made a technical correction to D.C. Law 17-202, § 603(c), which did not affect this section as codified.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20 - Child Care Services and Facilities › Subchapter II - Child Development Facilities Regulation › § 7–2034. License required

§ 7–2034. License required.
(a) Except as otherwise provided in this subchapter, no person shall, either directly or indirectly, operate a child development facility in the District without first having obtained a license to do so.
(b) An applicant for a license to operate a child development facility shall establish to the satisfaction of the Mayor, that the facility meets all requirements set forth in this subchapter and rules adopted pursuant to this subchapter.
(c) An applicant for a license shall:
(1) Submit an application to the Mayor on a form required and provided by the Mayor;
(2) Submit supporting documentation required by the Mayor; and
(3) Pay the applicable fee established by the Mayor, except that no license fee shall be required of any child development facility operated by the District government.
(d) The license shall be valid for a period of time to be determined by the Mayor and only for the premises and persons named as applicants in the application. Any change in ownership of a licensee owned by a person or in the legal or beneficial ownership of a percentage of stock established by rule of a corporate licensee shall require relicensure.
(e) The Mayor may authorize the issuance of provisional and restricted licenses under specific circumstances and criteria to be established by rule.
(Apr. 13, 1999, D.C. Law 12-215, § 5, 46 DCR 274.)
Prior Codifications
1981 Ed., § 6-3624.
Emergency Legislation
For temporary addition of subchapter, see notes to § 7-2031.
Temporary Legislation
See notes to § 7-2031.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20 - Child Care Services and Facilities › Subchapter II - Child Development Facilities Regulation › § 7–2035. Licenses issued pursuant to prior law

§ 7–2035. Licenses issued pursuant to prior law.
Except as otherwise provided by this subchapter, any child development facility licensed pursuant to the Child Development Facilities Regulation, enacted December 14, 1974 (Reg. 74-34; 29 DCMR § 300 et seq.) (“Child Development Facilities Regulation”), as amended, shall be considered licensed pursuant to this subchapter and shall be subject to renewal requirements established pursuant to this subchapter.
(Apr. 13, 1999, D.C. Law 12-215, § 6, 46 DCR 274.)
Prior Codifications
1981 Ed., § 6-3625.
Emergency Legislation
For temporary addition of subchapter, see notes to § 7-2031.
Temporary Legislation
See notes to § 7-2031.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20 - Child Care Services and Facilities › Subchapter II - Child Development Facilities Regulation › § 7–2036.01. Child Development Facilities Fund. [Repealed]

§ 7–2036.01. Child Development Facilities Fund. [Repealed]
Repealed.
(Apr. 13, 1999, D.C. Law 12-215, § 7a; as added Dec. 13, 2017, D.C. Law 22-33, § 4022, 64 DCR 7652; Sept. 6, 2023, D.C. Law 25-50, § 4153, 70 DCR 10366.)
Emergency Legislation
For temporary (90-day) creation of this section, see § 4022 of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).
For temporary (90-day) creation of this section, see § 4022 of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20 - Child Care Services and Facilities › Subchapter II - Child Development Facilities Regulation › § 7–2037. Variances

§ 7–2037. Variances.
An applicant operating a child development facility prior to July 1, 1975, may be granted a variance from the physical or structural requirements of any rule adopted pursuant to this subchapter upon a determination by the Mayor that full compliance would result in exceptional and undue hardship. Any variance shall be granted in accordance with procedures established by rule.
(Apr. 13, 1999, D.C. Law 12-215, § 8, 46 DCR 274.)
Prior Codifications
1981 Ed., § 6-3627.
Emergency Legislation
For temporary addition of subchapter, see notes to § 7-2031.
Temporary Legislation
See notes to § 7-2031.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20 - Child Care Services and Facilities › Subchapter II - Child Development Facilities Regulation › § 7–2038. License renewal

§ 7–2038. License renewal.
(a) A license shall be renewed in accordance with rules established pursuant to this subchapter, unless there is a pending disciplinary action by the Mayor.
(b) An application for renewal of a license shall be submitted to the Mayor no later than 90 days before expiration of the license on a form provided by the Mayor with the appropriate renewal fee. An application for renewal fewer than 90 days after expiration, shall be renewed in accordance with renewal requirements established by rule, including the payment of the renewal fee and any late penalty.
(c) A child development facility holding a valid license at the time of application for renewal shall continue to operate as licensed until the Mayor acts on the renewal application.
(Apr. 13, 1999, D.C. Law 12-215, § 9, 46 DCR 274.)
Prior Codifications
1981 Ed., § 6-3628.
Emergency Legislation
For temporary addition of subchapter, see notes to § 7-2031.
Temporary Legislation
See notes to § 7-2031.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20 - Child Care Services and Facilities › Subchapter II - Child Development Facilities Regulation › § 7–2039. Denial of a license

§ 7–2039. Denial of a license.
The Mayor may, subject to the right to a hearing, deny an initial or renewal license to an applicant who fails to establish that the applicant meets the requirements for licensure established by this subchapter and rules issued pursuant to this subchapter.
(Apr. 13, 1999, D.C. Law 12-215, § 10, 46 DCR 274.)
Prior Codifications
1981 Ed., § 6-3629.
Emergency Legislation
For temporary addition of subchapter, see notes to § 7-2031.
Temporary Legislation
See notes to § 7-2031.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20 - Child Care Services and Facilities › Subchapter II - Child Development Facilities Regulation › § 7–2040. Revocation, suspension, denial of license

§ 7–2040. Revocation, suspension, denial of license.
The Mayor may, subject to the right to a hearing, refuse to issue, revoke, suspend, or deny renewal of a license to operate a child development facility to a person who is found to have:
(1) Failed to comply with the provisions of this subchapter and any rules or regulations promulgated pursuant to this subchapter;
(2) Failed to comply with other federal and District laws applicable to child development facilities;
(3) Committed, aided, abetted, or permitted to be committed any act of dishonesty, fraud, gross negligence, abuse, assault, battery, or other illegal acts related to the operation of the facility; or
(4) Been convicted of a crime involving moral turpitude.
(Apr. 13, 1999, D.C. Law 12-215, § 11, 46 DCR 274.)
Prior Codifications
1981 Ed., § 6-3630.
Emergency Legislation
For temporary addition of subchapter, see notes to § 7-2031.
Temporary Legislation
See notes to § 7-2031.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20 - Child Care Services and Facilities › Subchapter II - Child Development Facilities Regulation › § 7–2041. Summary suspension

§ 7–2041. Summary suspension.
(a) If, after an investigation, the Mayor determines that a licensee has failed to comply with the provisions of this subchapter or any rules promulgated pursuant to this subchapter in such a manner as to present an imminent danger to the health, safety, and welfare of children, infants, toddlers, or the general public, the Mayor may summarily suspend or restrict the license prior to a hearing.
(b) The Mayor must provide the licensee with written notice of the summary suspension initiated pursuant to subsection (a) of this section, the reason for the suspension, and the right to request a hearing.
(c) The licensee shall have 5 days after service of the notice of the summary suspension in which to request a hearing to challenge the summary suspension. A hearing shall be held within 5 business days of a timely request and the Mayor shall issue a decision within 5 business days after closing the record.
(Apr. 13, 1999, D.C. Law 12-215, § 12, 46 DCR 274.)
Prior Codifications
1981 Ed., § 6-3631.
Section References
This section is referenced in § 7-2044.
Emergency Legislation
For temporary addition of subchapter, see notes to § 7-2031.
Temporary Legislation
See notes to § 7-2031.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20 - Child Care Services and Facilities › Subchapter II - Child Development Facilities Regulation › § 7–2042. Cease and desist orders

§ 7–2042. Cease and desist orders.
(a) If, after investigation, the Mayor determines that a person has violated any provision of this subchapter or any rule issued pursuant to this subchapter, and the violation presents an imminent danger to the public, the Mayor may issue a written order directing the person to cease and desist from the violation.
(b) Within 5 days of service of the cease and desist order, the person shall request an expedited hearing on the violation. If no request for a hearing is made within the 5-day period, the cease and desist order shall be final. Within 5 business days of a timely request for an expedited hearing, the Mayor shall conduct a hearing.
(Apr. 13, 1999, D.C. Law 12-215, § 13, 46 DCR 274.)
Prior Codifications
1981 Ed., § 6-3632.
Emergency Legislation
For temporary addition of subchapter, see notes to § 7-2031.
Temporary Legislation
See notes to § 7-2031.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20 - Child Care Services and Facilities › Subchapter II - Child Development Facilities Regulation › § 7–2043. Right of entry and inspection

§ 7–2043. Right of entry and inspection.
To ensure compliance with the provisions of this subchapter and rules adopted pursuant to this subchapter, the Mayor, or any duly authorized designee, shall be permitted at reasonable times to conduct an inspection of any child development facility licensed pursuant to this subchapter or for which a license application has been filed.
(Apr. 13, 1999, D.C. Law 12-215, § 14, 46 DCR 274.)
Prior Codifications
1981 Ed., § 6-3633.
Emergency Legislation
For temporary addition of subchapter, see notes to § 7-2031.
Temporary Legislation
See notes to § 7-2031.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20 - Child Care Services and Facilities › Subchapter II - Child Development Facilities Regulation › § 7–2044. Hearings

§ 7–2044. Hearings.
(a) Exception as provided in § 7-2041, before the Mayor denies an application, suspends, revokes, or restricts a license, or imposes a civil fine, the Mayor shall give the person notice of the contemplated action and an opportunity for a hearing. The Mayor shall send all notices by certified mail. Notice of a scheduled hearing shall be sent by certified mail at least 20 days before the hearing date except when an expedited hearing has been requested. The Mayor may request all parties to participate in a settlement conference prior to a hearing and may enter into a negotiated settlement agreement or consent decree in lieu of a hearing.
(b) The Mayor may delegate the authority to conduct a hearing and issue a final decision to an administrative law judge or an attorney examiner in accordance with rules issued pursuant to this subchapter.
(Apr. 13, 1999, D.C. Law 12-215, § 15, 46 DCR 274.)
Prior Codifications
1981 Ed., § 6-3634.
Emergency Legislation
For temporary addition of subchapter, see notes to § 7-2031.
Temporary Legislation
See notes following § 7-2031.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20 - Child Care Services and Facilities › Subchapter II - Child Development Facilities Regulation › § 7–2045. Judicial review

§ 7–2045. Judicial review.
A person aggrieved by a final decision of the Mayor may appeal the decision to the District of Columbia Court of Appeals pursuant to § 2-510.
(Apr. 13, 1999, D.C. Law 12-215, § 16, 46 DCR 274.)
Prior Codifications
1981 Ed., § 6-3635.
Emergency Legislation
For temporary addition of subchapter, see notes to § 7-2031.
Temporary Legislation
See notes to § 7-2031.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20 - Child Care Services and Facilities › Subchapter II - Child Development Facilities Regulation › § 7–2046. Criminal and civil penalties

§ 7–2046. Criminal and civil penalties.
(a) Any person who violates any provision of this subchapter shall, upon conviction, be subject to imprisonment not to exceed 6 months or a fine not to exceed $300, or both. Each unlawful act shall constitute a separate violation of this subchapter.
(b) Any person who has been previously convicted pursuant to this subchapter shall, upon conviction, be subject to imprisonment not to exceed one year or a fine not to exceed $5,000, or both.
(c) Civil fines and penalties may be imposed as alternative sanctions for any violations of the provisions of this subchapter or rules issued under the authority of this subchapter pursuant to Chapter 18 of Title 2 (“Civil Infractions Act”). The adjudication of any infraction issued pursuant to the Civil Infractions Act shall be pursuant to of the Civil Infractions Act.
(Apr. 13, 1999, D.C. Law 12-215, § 17, 46 DCR 274.)
Prior Codifications
1981 Ed., § 6-3636.
Emergency Legislation
For temporary addition of subchapter, see notes to § 7-2031.
Temporary Legislation
See notes to § 7-2031.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20 - Child Care Services and Facilities › Subchapter II - Child Development Facilities Regulation › § 7–2047. Prosecutions

§ 7–2047. Prosecutions.
(a) Prosecutions of violations of this subchapter shall be brought by the Corporation Counsel in the name of the District of Columbia.
(b) In prosecutions initiated pursuant to this subchapter, a child development facility claiming an exemption from a licensing requirement of this subchapter shall have the burden of proving entitlement to the exemption.
(Apr. 13, 1999, D.C. Law 12-215, § 18, 46 DCR 274.)
Prior Codifications
1981 Ed., § 6-3637.
Emergency Legislation
For temporary addition of subchapter, see notes to § 7-2031.
Temporary Legislation
See notes to § 7-2031.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20 - Child Care Services and Facilities › Subchapter II - Child Development Facilities Regulation › § 7–2048. Injunctions

§ 7–2048. Injunctions.
(a) The Corporation Counsel may bring an action in the Superior Court of the District of Columbia in the name of the District of Columbia to enjoin any violation of this subchapter.
(b) Remedies established by this section shall be in addition to criminal sanctions, civil sanctions, or disciplinary action initiated by the Mayor.
(c) In any proceeding brought pursuant to this section, it shall not be necessary to prove that any person has been injured by the violation alleged.
(Apr. 13, 1999, D.C. Law 12-215, § 19, 46 DCR 274.)
Prior Codifications
1981 Ed., § 6-3638.
Emergency Legislation
For temporary addition of subchapter, see notes to § 7-2031.
Temporary Legislation
See notes to § 7-2031.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20 - Child Care Services and Facilities › Subchapter II - Child Development Facilities Regulation › § 7–2049. Repeal of existing regulations

§ 7–2049. Repeal of existing regulations.
The Child Development Facilities Regulation shall remain in effect until superseded by rules issued by the Mayor. Upon the effective date of rules promulgated pursuant to this subchapter, the Child Development Facilities Regulation shall be deemed repealed.
(Apr. 13, 1999, D.C. Law 12-215, § 20, 46 DCR 274.)
Prior Codifications
1981 Ed., § 6-3639.
Emergency Legislation
For temporary addition of subchapter, see notes to § 7-2031.
Temporary Legislation
See notes to § 7-2031.
Delegation of Authority
Delegation of authority pursuant to D.C. Act 12-206, the “Child Development Facilities Regulation Emergency Act of 1997”, see Mayor’s Order 98-43, April 7, 1998 ( 45 DCR 2688).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20 - Child Care Services and Facilities › Subchapter II - Child Development Facilities Regulation › § 7–2050. Pending actions and proceedings; existing orders

§ 7–2050. Pending actions and proceedings; existing orders.
(a) No judicial or administrative proceeding commenced by or against any child development facility, or officer or employee of a child development facility in his or her official capacity, shall abate by reason of the taking effect of this subchapter; but the action or proceeding shall be continued with substitution as to parties and officers or agencies as are appropriate.
(b) All decisions issued pursuant to the Child Development Facilities Regulation shall continue in effect until modified, rescinded, or superseded by rules or regulation issued pursuant to this subchapter.
(Apr. 13, 1999, D.C. Law 12-215, § 21, 46 DCR 274.)
Prior Codifications
1981 Ed., § 6-3640.
Emergency Legislation
For temporary addition of subchapter, see notes to § 7-2031.
For temporary (90 day) criminal background check provisions, see §§ 201 to 214 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2002 (D.C. Act 14-310, March 26, 2002, 49 DCR 3420).
Temporary Legislation
See notes to § 7-2031.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20A - Health Care Ombudsman Program › § 7–2071.01. Definitions

§ 7–2071.01. Definitions.
For the purposes of this chapter, the term:
(1) “Accessible” means providing:
(A) The program’s written materials in Spanish and English, and in other languages when required by Title VI of the Civil Rights Act of 1964, approved July 2, 1964 (78 Stat. 252; 42 U.S.C. § 2000d et seq.) (“Title VI”), or District law;
(B) Interpreters to communicate with consumers in Spanish, and in other languages when required by Title VI or District law; and
(C) TTY services and other accommodations for individuals with disabilities in accordance with the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 327; 42 U.S.C. § 12101 et seq.).
(2) “Consumer” means:
(A) An uninsured resident of the District, including residents enrolled in the HealthCare Alliance; or
(B) An individual covered by a health benefits plan in the District.
(3) “Department” means the Department of Health.
(4) “District” means the District of Columbia.
(5) “Health benefits plan” means a group or individual insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or similar group arrangement provided by an insurer, or subcontracting facility of an insurer, or an employer for the purpose of providing, paying for, or reimbursing expenses for health-related services. The term “health benefits plan” shall include health coverage provided through a government program, including Medicaid. The term “health benefits plan” shall not include disability income or accident-only insurance.
(6) “Health Care Ombudsman” or “Ombudsman” means the individual responsible for running the Health Care Ombudsman Program.
(7) “Health Care Ombudsman Program” or “Ombudsman Program” means the program established by the District to counsel and assist uninsured District residents and individuals insured by health benefits plans in the District regarding matters pertaining to their health care coverage.
(8) “Health care services” means items or services provided under the supervision of a physician or other person trained or licensed to render health care necessary for the prevention, care, diagnosis, or treatment of human disease, pain, injury, deformity, or other physical or mental condition, including the following: pre-admission, outpatient, inpatient, and post-discharge care; home care; physician’s care; nursing care; medical care provided by interns or residents in training; other paramedical care; ambulance service and care; bed and board; drugs; supplies; appliances; equipment; laboratory services; any form of diagnostic imaging or therapeutic radiological services; and services mandated under Chapter 31 of Title 31.
(Apr. 12, 2005, D.C. Law 15-331, § 2, 52 DCR 1981.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20A - Health Care Ombudsman Program › § 7–2071.03. Program evaluation

§ 7–2071.03. Program evaluation.
(a) The Department shall develop criteria to be used in evaluating the performance of the Ombudsman Program.
(b)(1) The Department shall obtain, biannually, an independent evaluation of the Ombudsman Program through an academic group or other independent, private-sector organization or the Office of the Inspector General. The evaluation shall take into account:
(A) The number of consumer problems handled;
(B) The success in resolving the consumer problems handled;
(C) Outreach and community education activities;
(D) Satisfaction of consumers served by the program; and
(E) The extent to which information was provided to the public and policy makers about problems faced by the consumers served.
(2) The Department shall decide whether to renew contracts based on the evaluation.
(3) The evaluation shall be available to the public upon request.
(4) The first evaluation shall take place no later than 2 years after April 12, 2005.
(Apr. 12, 2005, D.C. Law 15-331, § 4, 52 DCR 1981; Mar. 10, 2023, D.C. Law 24-311, § 9, 70 DCR 595.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20A - Health Care Ombudsman Program › § 7–2071.04. Duties

§ 7–2071.04. Duties.
The Ombudsman Program shall provide the following accessible services:
(1) Assist consumers in resolving problems concerning health care bills, health coverage, and access to health care by referring consumers to appropriate regulatory agencies when their problems are within an agency’s jurisdiction, guiding consumers through existing complaint processes, and assisting consumers in informally resolving problems through discussions with their health benefits plans, the HealthCare Alliance, or other providers;
(2) Assist consumers in understanding their rights and responsibilities as health benefits plan members, HealthCare Alliance members, or members of other provider plans, including appeal processes and how to use them, and how to access appropriate medical information;
(3) Educate consumers about health benefits plans, managed care health plans, and their health benefits plan options, or other health care options available for uninsured consumers;
(4) Comment on behalf of consumers on related health care policy legislation and regulations in the District;
(5) Help uninsured District residents access Medicaid or other health care options;
(6) Identify, investigate, and help resolve complaints on behalf of consumers and assist consumers with the filing, pursuit, and resolution of formal and informal complaints and appeals through existing processes, including internal reviews conducted by health benefits plans, grievance and appeals processes for the HealthCare Alliance, fair hearings available to Medicaid consumers, external reviews before independent review organizations, and any other administrative appeals that may be available under District or federal law;
(7) Refer consumers, when appropriate, to other existing organizations for assistance and work jointly with other consumer organizations, as appropriate;
(8) Work with health care providers to develop working relationships that enhance coordination and referrals;
(9) Make appropriate referrals to the Department of Insurance, Securities, and Banking, the Office of Fair Hearings, the Office of Administrative Hearings, the Grievance and Appeals Office of the Department of Health, Health Care Fraud Units, the Long-Term Care Ombudsman, the Health Insurance Counseling and Assistance Program serving District Medicare beneficiaries, and the Center for Health Dispute Resolution; and
(10) Provide information to the public, government agencies, the Council, and others regarding problems and concerns of consumers and make recommendations for resolving those problems and concerns.
(Apr. 12, 2005, D.C. Law 15-331, § 5, 52 DCR 1981.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20A - Health Care Ombudsman Program › § 7–2071.05. Public outreach

§ 7–2071.05. Public outreach.
The Ombudsman Program shall implement innovative strategies and tools to maximize its outreach to consumers, including provision of the following accessible information sources and services:
(1) A toll-free 1-800 telephone number that operates in the District metropolitan area;
(2) A website on the Internet;
(3) In-person counseling;
(4) Establishing relationships with organizations in each ward of the city to provide outreach and receive referrals;
(5) Active liaison, partnership, and information sharing with community, consumer, health, disability, religious, ethnic-based organizations, and other organizations; and
(6) A one-page, easy-to-read flyer describing the Ombudsman Program’s services that shall be available to the public.
(Apr. 12, 2005, D.C. Law 15-331, § 6, 52 DCR 1981.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20A - Health Care Ombudsman Program › § 7–2071.06. Data collection and reporting

§ 7–2071.06. Data collection and reporting.
The Health Care Ombudsman shall submit annually to the Council, the Mayor, the Department of Health, and the Department of Insurance, Securities, and Banking a report on the activities, performance, and fiscal accounts of the Ombudsman Program, issues of concern to consumers, and the Ombudsman’s recommendations to improve health access. The report shall be available to the public upon request.
(Apr. 12, 2005, D.C. Law 15-331, § 7, 52 DCR 1981.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20A - Health Care Ombudsman Program › § 7–2071.07. Access to records; confidentiality

§ 7–2071.07. Access to records; confidentiality.
(a) The Health Care Ombudsman may review the records of a health benefits plan, the HealthCare Alliance, or other provider, pertaining to a consumer or the consumer’s medical records if the consumer or the consumer’s legal representative has provided written consent. The confidentiality of the records shall be maintained by the Ombudsman Program in accordance with all federal and state confidentiality and disclosure laws.
(b) No information or records maintained by the program shall be disclosed to the public unless the consumer or the consumer’s legal representative has consented in writing to the release of the information or records.
(c) Each District agency shall provide cooperation, assistance, and data to the Health Care Ombudsman, as requested and upon reasonable notice, necessary to enable the Ombudsman Program to investigate a consumer’s complaint under applicable District or federal law.
(d) The Department shall enter into a “business associate” agreement with the Ombudsman Program that gives the program access to information about the Medicaid eligibility status of consumers whom it serves and requires the program to safeguard that information pursuant to the Health Insurance Portability and Accountability Act Privacy Regulation (45 C.F.R. Parts 160 and 164).
(Apr. 12, 2005, D.C. Law 15-331, § 8, 52 DCR 1981.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20A - Health Care Ombudsman Program › § 7–2071.08. Immunity from liability

§ 7–2071.08. Immunity from liability.
No employee, subcontractor, designee, or representative of the Ombudsman Program shall be held liable for the good faith performance of responsibilities under this chapter, except that no immunity shall extend to criminal acts, or acts that violate District or federal law.
(Apr. 12, 2005, D.C. Law 15-331, § 9, 52 DCR 1981.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20A - Health Care Ombudsman Program › § 7–2071.09. Non-retaliation

§ 7–2071.09. Non-retaliation.
A health benefits plan or the HealthCare Alliance shall not take retaliatory action of any sort against a member who seeks assistance from the Ombudsman Program or against a provider who furnishes information to the Ombudsman Program pursuant to a consumer’s request.
(Apr. 12, 2005, D.C. Law 15-331, § 10, 52 DCR 1981.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20A - Health Care Ombudsman Program › § 7–2071.10. Requirements for health benefits plans and HealthCare Alliance

§ 7–2071.10. Requirements for health benefits plans and HealthCare Alliance.
(a) Health benefits plans and the HealthCare Alliance shall:
(1) Include in their marketing and membership materials information regarding the availability of the Ombudsman Program;
(2) Send annually to their members notification of the availability of the Ombudsman Program; and
(3) Provide members the telephone number of the Ombudsman Program upon request.
(b) A health benefits plan may use the one-page, easy-to-read flyer developed by the Ombudsman Program to describe its services to meet the notice requirements under subsection (a)(1) and (2) of this section.
(Apr. 12, 2005, D.C. Law 15-331, § 11, 52 DCR 1981.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20A - Health Care Ombudsman Program › § 7–2071.11. Advisory Council

§ 7–2071.11. Advisory Council.
(a) The Ombudsman shall establish an Advisory Council to consist of members representing:
(1) Consumers;
(2) Consumer advocacy organizations;
(3) Health benefits plans;
(4) Health care facilities;
(5) Physicians;
(6) The Health Insurance Counseling and Assistance Program or any successor charged with counseling Medicare beneficiaries pursuant to section 4360 of the Omnibus Reconciliation Act of 1990, approved November 5, 1990 (104 Stat. 1388-138; 42 U.S.C.§ 1395b-4);
(7) The Department of Health, including its Office of Maternal and Child Health and its Grievance and Appeals Office; and
(8) The Department of Insurance, Securities, and Banking.
(b) The Advisory Council shall perform, at minimum, the following functions:
(1) Advise the Ombudsman on program design and operational issues;
(2) Recommend the criteria to be used in evaluating the performance of the Ombudsman Program;
(3) Recommend changes in the Ombudsman Program; and
(4) Review data on cases handled by the Ombudsman Program and make recommendations based on that data.
(Apr. 12, 2005, D.C. Law 15-331, § 12, 52 DCR 1981.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20A - Health Care Ombudsman Program › § 7–2071.12. Funding for the Ombudsman Program

§ 7–2071.12. Funding for the Ombudsman Program.
(a) Funding sources for the Ombudsman Program shall include:
(1) District local appropriations; and
(2) Medicaid federal matching funds.
(b) Nothing in this chapter shall prohibit a corporation, organization, or consortia of organizations selected to operate the Health Care Ombudsman Program from raising private money through foundation resources to supplement government funds for the program.
(Apr. 12, 2005, D.C. Law 15-331, § 13, 52 DCR 1981.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20A - Health Care Ombudsman Program › § 7–2071.13. Contingent effectiveness of chapter. [Repealed]

§ 7–2071.13. Contingent effectiveness of chapter. [Repealed]
Repealed.
(Apr. 12, 2005, D.C. Law 15-331, § 14, 52 DCR 1981; Aug. 16, 2008, D.C. Law 17-219, § 7046, 55 DCR 7598.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20B - Treatment for Sexual Partners › § 7–2081.01. Definitions

§ 7–2081.01. Definitions.
For the purpose of this chapter, the term:
(1) “Antimicrobial drug” means a drug identified in the most current guidelines for the treatment of sexually transmitted infections recognized by the Centers for Disease Control and Prevention.
(2) “DOH” means the Department of Health.
(3) “Expedited partner therapy” or “EPT” means when a health care practitioner who has diagnosed a sexually transmitted infection in a patient, prescribes and dispenses antimicrobial drugs to the patient’s sexual partner for treatment of that sexually transmitted infection without an examination of the sexual partner.
(4) “Health care practitioner” means a physician, advanced practice registered nurse, or physician’s assistant authorized to diagnose and prescribe drugs for sexually transmitted infections.
(5) “STI” means a sexually transmitted infection.
(Apr. 30, 2014, D.C. Law 20-97, § 2, 61 DCR 1589.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20B - Treatment for Sexual Partners › § 7–2081.02. Expedited partner therapy

§ 7–2081.02. Expedited partner therapy.
(a)(1) A health care practitioner who diagnoses a chlamydia, gonorrhea or trichomoniasis infection in a patient may prescribe and dispense antimicrobial drugs to the patient’s sexual partner for treatment of that STI without an examination of the sexual partner.
(2) The Director of DOH may add to the STIs covered under this chapter by rulemaking.
(b)(1) A health care practitioner providing EPT shall designate, in writing, on the prescription form:
(A) The phrase “EPT” above the name of the medication and dosage for all prescriptions issued; and
(B) The name, address, and date of birth of the sexual partner, if available.
(2) If the name, address, and date of birth of the sexual partner are not available, the written designation “EPT” shall be sufficient for the pharmacist to fill the prescription.
(3) The health care practitioner shall report to DOH the number of prescribed EPT prescriptions issued, in addition to existing STI reporting requirements.
(c) A health care practitioner that provides a patient with antimicrobial drugs or a prescription in accordance with this chapter shall give the patient informational materials for the patient to give to his or her sexual partner. The health care practitioner shall counsel the patient to inform his or her sexual partner of the importance of reading the information contained in the materials before the sexual partner takes the medication. The materials shall:
(1) Encourage the sexual partner to consult a health care practitioner for a complete STI evaluation as a preferred alternative to EPT;
(2) Disclose the risk of potentially adverse drug reactions, including allergic reactions, that the antimicrobial drugs could produce and the possibility of dangerous interactions between the antimicrobial drugs and other medications that the sexual partner may be taking;
(3) Inform the sexual partner that he or she may be affected by other STIs that may be left untreated by the delivered antimicrobial drugs;
(4) Inform the sexual partner that if symptoms of a more serious infection are present (such as abdominal, pelvic, or testicular pain, fever, nausea, or vomiting) he or she should seek medical care as soon as possible;
(5) Recommend that a sexual partner who is or could be pregnant should consult a health care practitioner as soon as possible;
(6) Instruct the sexual partner to abstain from sexual activity for at least 7 days after treatment to decrease the risk of recurrent infection;
(7) Inform a sexual partner who is at high risk of co-morbidity with HIV infection that he or she should consult a health care practitioner for a complete medical evaluation, including testing for HIV and other STIs; and
(8) Inform the sexual partner how to prevent repeated chlamydia, gonorrhea, or trichomoniasis infections.
(Apr. 30, 2014, D.C. Law 20-97, § 3, 61 DCR 1589.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20B - Treatment for Sexual Partners › § 7–2081.03. Liability

§ 7–2081.03. Liability.
(a) A health care practitioner or a pharmacist who reasonably and in good faith renders EPT in accordance with this chapter or any other District law shall not be subject to civil or criminal liability or be deemed to have engaged in improper professional conduct.
(b) This subsection shall not apply to the donation, distribution, furnishing, or dispensing of an antimicrobial drug by a health care practitioner or pharmacist whose act or omission involves reckless, wanton, or intentional misconduct.
(Apr. 30, 2014, D.C. Law 20-97, § 4, 61 DCR 1589.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20B - Treatment for Sexual Partners › § 7–2081.04. Rules

§ 7–2081.04. Rules.
Within 60 days of April 30, 2014, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within the 45-day review period, the proposed rules shall be deemed approved.
(Apr. 30, 2014, D.C. Law 20-97, § 5, 61 DCR 1589.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20C - Wraparound Supports for Young Women and Girls › § 7–2085.01. Wraparound services grant program

§ 7–2085.01. Wraparound services grant program.
(a) The Department shall, on an annual basis, issue a grant of $75,000 to a nonprofit organization that provides support and mentorship to female students who are District residents attending elementary through high school, focuses on preventing teen pregnancies, and encourages college attendance and workforce development.
(b) A grant issued by the Department pursuant to subsection (a) of this section shall be for the purpose of hiring a full-time employee to provide wraparound services to participating students.
(c) For purposes of this section, the term:
(1) "Department" means the Department of Health.
(2) "Wraparound services" means health or mental health services provided by a health professional licensed, registered, or certified to practice in the District.
(Sept. 21, 2022, D.C. Law 24-167, § 5052, 69 DCR 009223.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 5052 of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).