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2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1 - Assisted Living Residence Regulation › Subchapter X - Facility Regulations › § 44–110.03. General building exterior

§ 44–110.03. General building exterior.
(a) An ALR shall ensure that the exterior of its facility, including walkways, yards, porches, chimney, gutters, downspouts, paintable surfaces, and accessory buildings are maintained structurally sound, sanitary, and in good repair.
(b) An ALR that provides services to residents who use wheelchairs, shall make reasonable accommodations to render the ALR accessible to residents who use wheelchairs through the installation of a chair lift, curbcuts, an exterior ramp, or like accommodations.
(June 24, 2000, D.C. Law 13-127, § 1003, 47 DCR 2647; Sept. 26, 2012, D.C. Law 19-169, § 27(b), 59 DCR 5567.)
Effect of Amendments
The 2012 amendment by D.C. Law 19-169, in (b), substituted “residents who use wheelchairs” for “wheelchair-bound residents” following “services to” and substituted “residents who use wheelchairs” for “residents who are wheel-chair bound” following “accessible to.”
Editor's Notes
Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1 - Assisted Living Residence Regulation › Subchapter X - Facility Regulations › § 44–110.04. General building interior

§ 44–110.04. General building interior.
(a) An ALR shall ensure that the interior of its facility including walls, ceilings, doors, windows, equipment, and fixtures are maintained structurally sound, sanitary, and in good repair.
(b) An ALR shall ensure that floors and stairways provide a clean, slip-resistant, and safe surface, free of tripping hazards.
(c) An ALR shall install and maintain assist handrails or grab bars, whenever practicable, on each side of interior stairways and on one side of corridors and in bathrooms.
(d) An ALR shall provide common areas for social and recreational use totaling at least 35 square feet per resident for living, dining, therapy, and recreational activities.
(June 24, 2000, D.C. Law 13-127, § 1004, 47 DCR 2647.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1 - Assisted Living Residence Regulation › Subchapter X - Facility Regulations › § 44–110.05. Accessibility

§ 44–110.05. Accessibility.
An ALR that provides services for residents who use wheelchairs, shall insure that:
(1) Doorways and hallways provide a clear opening of at least 32 inches; and
(2) Thresholds exceeding 1/2 inch are modified to provide a 1:12 maximum slope.
(June 24, 2000, D.C. Law 13-127, § 1005, 47 DCR 2647; Sept. 26, 2012, D.C. Law 19-169, § 27(c), 59 DCR 5567.)
Effect of Amendments
The 2012 amendment by D.C. Law 19-169 substituted “residents who use wheelchairs” for “wheelchair-bound residents” in the introductory language.
Editor's Notes
Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1 - Assisted Living Residence Regulation › Subchapter X - Facility Regulations › § 44–110.06. Bathrooms

§ 44–110.06. Bathrooms.
(a) An ALR shall ensure that there is one full bathroom, for every 6 residents, including live-in family or staff. Additional full or half baths shall be available to non-live-in staff. No resident shall be required to traverse more than one flight of stairs to access a bathroom and appropriate accommodations shall be made for residents who are unable to climb stairs.
(b) When applicable, bathrooms shall contain adequate space and strategically located grab bars to allow residents who use wheelchairs to utilize toilets, tubs, showers, and wash basins without traversing a stair way.
(c) An ALR shall insure that the temperature of the hot water at all taps to which residents have access is controlled by the use of thermostatically controlled mixing valves or by other means, including control at the source, so that the water temperature does not exceed 110 degrees Fahrenheit.
(June 24, 2000, D.C. Law 13-127, § 1006, 47 DCR 2647; Sept. 26, 2012, D.C. Law 19-169, § 27(d), 59 DCR 5567.)
Effect of Amendments
The 2012 amendment by D.C. Law 19-169 substituted “residents who use wheelchairs” for “wheelchair-bound residents” in (b).
Editor's Notes
Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1 - Assisted Living Residence Regulation › Subchapter X - Facility Regulations › § 44–110.07. Health, light, and ventilation

§ 44–110.07. Health, light, and ventilation.
(a) An ALR shall ensure that each facility is lighted and ventilated in accordance with Title 12 of the District of Columbia Municipal Regulations (District of Columbia Construction Codes Supplement of 1992). Artificial night lights for corridors and exterior security lighting shall be installed.
(b) Each room shall have either a functioning ceiling light fixture or another source of artificial light.
(c) An ALR shall ensure that heating and air conditioning equipment is maintained to ensure that:
(1) During waking hours, an interior temperature throughout the facility of at least 72 degrees Fahrenheit when outside temperatures are 65 degrees Fahrenheit or below, is maintained throughout the facility;
(2) During sleeping hours, an interior temperature of at least 68 degrees Fahrenheit, when outside temperatures are 65 degrees Fahrenheit or below, is maintained throughout the facility;
(3) For individual units, heating and air conditioning shall be maintained at a temperature which is comfortable for the individual resident, whenever practicable; and
(4) When inside temperature exceeds 85 degrees Fahrenheit, mechanically cooled air shall be used in areas of the building used by residents with no inside area used by the residents allowed to exceed 90 degrees Fahrenheit.
(June 24, 2000, D.C. Law 13-127, § 1007, 47 DCR 2647.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1 - Assisted Living Residence Regulation › Subchapter X - Facility Regulations › § 44–110.08. Bedrooms

§ 44–110.08. Bedrooms.
(a) An ALR located in an existing building shall ensure that bedrooms provide at least 70 square feet of habitable space for single occupancy resident units and 100 square feet of habitable space in double occupancy resident units. Each bedroom shall have adequate dresser and closet or wardrobe space for residents’ seasonal clothing and personal belongings. A secure storage space in a resident’s unit shall be made available if requested by the resident.
(b) Any ALR located in a building newly constructed or renovated after June 24, 2000 shall ensure that bedrooms provide at least 80 sq. ft. of habitable space for single occupancy and 120 sq. ft. of habitable space for double occupancy.
(c) An ALR shall ensure that each resident has an adult size bed with clean comfortable mattress and extra linens. Additional furnishings, such as night stand, desk, chair, mirror, waste basket, etc., shall be made available, subject to residents wishes and tastes. Beds in double occupancy bedrooms must be at least 3 feet apart. Residents may choose to provide their own furnishings after being made aware of the furnishings that the facility is required to provide. All furnishings must meet the Fire Safety Code and be maintained in good repair.
(June 24, 2000, D.C. Law 13-127, § 1008, 47 DCR 2647.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1 - Assisted Living Residence Regulation › Subchapter X - Facility Regulations › § 44–110.09. Kitchen

§ 44–110.09. Kitchen.
An ALR shall provide a kitchen that has the following:
(1) Storage, refrigerator, or freezer space for perishable and nonperishable foods;
(2) Food preparation areas with cleanable surfaces;
(3) Equipment to prepare and serve food at safe and palatable temperatures; and
(4) Sufficient equipment and staffing to be in compliance with section 1116 of Title 14 of the District of Columbia Municipal Regulations, as those regulations are applicable to boarding houses.
(June 24, 2000, D.C. Law 13-127, § 1009, 47 DCR 2647.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1 - Assisted Living Residence Regulation › Subchapter X - Facility Regulations › § 44–110.10. Laundry

§ 44–110.10. Laundry.
An ALR shall provide an on-site laundry facility for use of staff for residents personal laundry. All laundry shall be processed and handled in a manner to prevent the spread of infection by:
(1) Separate processing and storage of incontinent items; and
(2) Sanitizing by hot water and appropriate chemical agents.
(June 24, 2000, D.C. Law 13-127, § 1010, 47 DCR 2647.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1 - Assisted Living Residence Regulation › Subchapter X - Facility Regulations › § 44–110.11. Special requirements for ALRs with 17 beds or more

§ 44–110.11. Special requirements for ALRs with 17 beds or more.
(a) An ALR that provides sleeping accommodations for more than 16 residents shall comply with this subchapter.
(b) The ALR may be free-standing or a distinct part of an institutional occupancy.
(c) The ALR shall be responsible for providing or coordinating personalized care to individuals who reside in their own living units (which may include dually occupied units) which may or may not include a kitchenette or living rooms and which contain bedrooms.
(d) Living units may or may not include bathrooms; except that, no more than 4 residents shall share a common bathroom. Shared bathrooms shall be in close proximity and on the same floor as living units or bedrooms.
(e) Living units or bedrooms may be locked at the discretion of the residents, except when the resident’s assessment documents indicate otherwise.
(f) An ALR shall have a central dining room, living room or parlor, and common activity center (which may also serve as living rooms or dining rooms).
(g) An ALR providing 17 beds or more shall be in compliance with section 512 of Title 12 of the District of Columbia Municipal Regulations, making the facility accessible to residents with physical disabilities and aged residents.
(h) An ALR shall ensure that all food is prepared and served in accordance with Chapters 20 through 24 of Title 23 of the District of Columbia Municipal Regulations and shall organize plumbing facilities to insure that food is processed and served so as to be safe for human consumption.
(June 24, 2000, D.C. Law 13-127, § 1011, 47 DCR 2647; Apr. 24, 2007, D.C. Law 16-305, § 68(b), 53 DCR 6198.)
Effect of Amendments
D.C. Law 16-305, in subsec. (g), substituted “residents with physical disabilities” for “physically handicapped”.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1 - Assisted Living Residence Regulation › Subchapter X - Facility Regulations › § 44–110.12. Certificate of Need

§ 44–110.12. Certificate of Need.
A Certificate of Need shall not be required for Assisted Living Residences licensed under this chapter.
(June 24, 2000, D.C. Law 13-127, § 1012, 47 DCR 2647.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1 - Assisted Living Residence Regulation › Subchapter XI - Insurance › § 44–111.01. Insurance for Assisted Living Residences

§ 44–111.01. Insurance for Assisted Living Residences.
(a) Each ALR shall carry insurance for at least the following:
(1) Hazards (fire and extended coverage) in the amount of $500.00 per resident to protect belongings with a minimum of $2,000 of coverage per facility;
(2) Premises, personal injury, and products liability at least in the following amounts:
(A) For one to 2 beds, $100,000 per occurrence;
(B) For 3 to 9 beds, $300,000 per occurrence; and
(C) For 10 or more beds, $500,000 per occurrence; and
(3) Incidental malpractice coverage specific to the duties required of an ALA manager or any staff member in the amount of at least $100,000.
(b) If an ALR is not owned by the operator or manager, the operator or manager shall obtain proof of the owner’s premises liability coverage, such as a certificate of standard landlord coverage, or shall place the owner on the operator’s or manager’s policy as an additional named insured.
(June 24, 2000, D.C. Law 13-127, § 1101, 47 DCR 2647.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1 - Assisted Living Residence Regulation › Subchapter XII - Appeals › § 44–112.01. Appeals from actions of the Mayor

§ 44–112.01. Appeals from actions of the Mayor.
A person or licensee aggrieved by an action of the Mayor under this chapter may appeal the Mayor’s action by filing a request for hearing as provided in § 44-505.
(June 24, 2000, D.C. Law 13-127, § 1201, 47 DCR 2647.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1 - Assisted Living Residence Regulation › Subchapter XIII - Rulemaking › § 44–113.01. Rulemaking by the Mayor

§ 44–113.01. Rulemaking by the Mayor.
The Mayor shall promulgate proposed rules where necessary to supplement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within the 45-day review period, the proposed rules shall be deemed approved.
(June 24, 2000, D.C. Law 13-127, § 1301, 47 DCR 2647.)
Delegation of Authority
Delegation of Authority Pursuant to D.C. Law 13-127, the “Assisted Living Residence Regulatory Act of 2000”, see Mayor’s Order 2005-137, September 27, 2005 ( 53 DCR 155).
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1 - Assisted Living Residence Regulation › Subchapter XIV - Applicability › § 44–114.01. Implementation. [Repealed]

§ 44–114.01. Implementation. [Repealed]
Repealed.
(June 24, 2000, D.C. Law 13-127, § 1501, 47 DCR 2647; Aug. 16, 2008, D.C. Law 17-219, § 7024, 55 DCR 7598.)
Short Title
Short title: Section 7024 of D.C. Law 17-219 provided that subtitle J of title VII of the act may be cited as the “Elimination of Subject-to-Appropriations Contingencies Amendment Act of 2008”.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1A - Continuing Care Retirement Communities › § 44–151.01. Definitions

§ 44–151.01. Definitions.
For the purposes of this chapter, the term:
(1) “Assisted living” means an assisted living residence as defined in § 44-102.01(4).
(2) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.
(3) “Continuing care facility” means a building, or complex of buildings under one management at one or more sites, if continuing care services are provided.
(4) “Continuing care services” means the continuum of care, ranging from independent living to assisted living to nursing home care, provided pursuant to a contract for the life of the individual purchasing the services or for a period of not less than one year.
(5) “Entrance fee” means a payment that assures a resident a place in a facility for a term of at least a year or for life.
(6) “Hazardous financial condition” means a provider is insolvent or in imminent danger of becoming insolvent.
(7) “Independent living” means an individual residing in a continuing care facility’s living unit with no need for specialized health care services beyond general preventative health care.
(8) “Living unit” means a room, apartment, cottage, or other area within a continuing care facility set aside for the exclusive use or control of one or more identified residents.
(9) “Nursing home” means a nursing home as defined in § 44-501(3).
(10) “Provider” means the promoter, developer, or owner, whether a natural person, partnership, or other unincorporated association, however organized, trust, or corporation, whether operated for profit or not, or any other person, that solicits or undertakes to provide continuing care services.
(11) “Resident” means a purchaser of, a nominee of, or a subscriber to, a continuing care contract.
(Apr. 5, 2005, D.C. Law 15-270, § 101, 52 DCR 799.)
Section References
This section is referenced in § 31-1201.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1A - Continuing Care Retirement Communities › § 44–151.03. Revocation of license

§ 44–151.03. Revocation of license.
(a) The license of a provider shall remain in effect until revoked after notice and hearing, upon written findings of fact, that the provider has:
(1) Willfully violated any provision of this chapter or of any related rule or order;
(2) Failed to file an annual disclosure statement or standard form as required by law;
(3) Failed to deliver to prospective residents the required disclosure statements;
(4) Delivered to prospective residents a disclosure statement that makes an untrue statement or omits a material fact and the provider, at the time of the delivery of the disclosure statement, had actual knowledge of the misstatement or omission;
(5) Failed to comply with the terms of a cease and desist order; or
(6) Been or is in imminent danger of being determined to be in a hazardous financial condition.
(b) The Commissioner may suspend the license of a provider, after notice and hearing, for any of the violations in subsection (a) of this section and set forth the conditions necessary to correct the violations, including whether a provider can enter into new continuing care service contracts while suspended.
(c) The Commissioner may, in lieu of suspension or revocation of the license of a provider issued pursuant to this chapter, after notice and hearing, order a provider to take corrective action or levy an administrative penalty in an amount not more than $50,000 per violation.
(d) Upon review of an order of the Commissioner revoking a license, a court may determine whether a factual finding by the Commissioner is clearly erroneous.
(e) If there is good cause to believe that the provider is guilty of a violation for which revocation could be ordered, the Commissioner may first issue a cease and desist order. The cease and desist order shall be subject to notice and hearing within 10 days of the order. If the cease and desist order is not or cannot be effective in remedying the violation, the Commissioner may, after notice and hearing, issue an order that the license be revoked and surrendered. The provider may accept new applicant funds while the revocation order is under appeal provided the funds are escrowed pending results of the appeal.
(Apr. 5, 2005, D.C. Law 15-270, § 103, 52 DCR 799.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1A - Continuing Care Retirement Communities › § 44–151.04. Sale or transfer of ownership

§ 44–151.04. Sale or transfer of ownership.
(a) No provider or other owning entity shall sell or transfer ownership of the facility, or enter into a contract with a third-party provider for management of the facility, unless the transfer or contract has been approved by the Commissioner. The Commissioner shall have 90 days from receipt of the transfer documents or contract in which to review and to approve or disapprove the transfer or contract. If the transfer or sales contract or third-party management contract is approved, the new provider or third-party manager shall have 90 days in which to meet the licensing requirements and to obtain a license to operate the facility in their own name. The Commissioner, with the consent of the applicant, may extend this 90-day period for up to an additional 60 days.
(b) Upon receipt of an application for the sale or transfer of ownership of the facility or for execution of a contract with a third-party provider for management of the facility, the Commissioner shall, within 10 business days, issue a notice of filing to the applicant. Within 90 days of the notice of filing, the Commissioner shall enter an order issuing the license or rejecting the application. If the Commissioner fails to act within 90 days of the notice of filing, the application shall be deemed denied.
(Apr. 5, 2005, D.C. Law 15-270, § 104, 52 DCR 799.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1A - Continuing Care Retirement Communities › § 44–151.07. Annual disclosure statement revision

§ 44–151.07. Annual disclosure statement revision.
(a) Within 150 days following the end of each fiscal year, the provider shall file with the Commissioner a revised disclosure statement setting forth current information required. The provider shall also make the revised disclosure statement available to all the residents of the facility. The revised disclosure statement shall include a narrative describing any material differences between:
(1)(A) The forecast statements of revenues and expenses and cash flows or other forecast financial data filed pursuant to law as a part of the disclosure statement filed most immediately subsequent to the start of the provider’s most recently completed fiscal year; and
(B) The actual results of operations during that fiscal year; and
(2) The revised forecast statements of revenues and expenses and cash flows or other forecast financial data being filed as a part of the revised disclosure statement filed at any other time if, in the opinion of the provider, revision is necessary to prevent an otherwise current disclosure statement from containing a material misstatement of fact or omitting a material fact required to be stated therein.
(b) Only the most recently recorded disclosure statement, with respect to a facility, and in any event, only a disclosure statement dated within one year plus 150 days prior to the date of delivery, shall be considered current for purposes of the law or delivered pursuant to this chapter.
(Apr. 5, 2005, D.C. Law 15-270, § 107, 52 DCR 799.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1A - Continuing Care Retirement Communities › § 44–151.08. Operating reserves

§ 44–151.08. Operating reserves.
(a) All continuing care facilities shall maintain, after opening, operating reserves equal to 20% of the total operating costs projected for the 12-month period following the period covered by the most recent annual disclosure statement filed. The forecast statements as required shall serve as the basis for computing the operating reserve. In addition to total operating expenses, total operating costs shall include debt service, consisting of principal and interest payments and taxes and insurance on any mortgage loan or other long-term financing, but shall exclude depreciation, amortized expenses, and extraordinary items as may be approved by regulation. If the debt service portion is accounted for by way of another reserve account, the debt service portion may be excluded. The operating reserves may be funded by cash, invested cash, commercial paper, or by investment grade securities, including bonds, stocks, United States Treasury obligations, or obligations of United States government agencies.
(b) A provider that has begun construction, has permanent financing in place, or is in operation on April 5, 2005, has up to 5 years to meet the operating reserve requirements.
(c) The Commissioner may require a provider not meeting its reserve requirements established by subsection (a) of this section to place the reserves in an escrow account with a bank, trust company, or other escrow agent approved by the Commissioner.
(d) The notes to the provider’s annual audited financial statements shall state whether or not the reserve requirements have been met.
(e) The Commissioner may allow withdrawal or borrowing from the reserves in an amount not greater than 20% of the provider’s total reserves. The withdrawal or borrowing may be approved by the Commissioner only if required for making an emergency repair or replacement of equipment, to cover catastrophic loss that is not able to be covered by insurance, or for debt service in a potential default situation. No withdrawal or borrowing may be made from a reserve without the approval of the Commissioner pursuant to subsection (f) of this section. All funds borrowed shall be repaid to the reserve within 18 months in accordance with a payment plan approved by the Commissioner.
(f) Operating reserves shall only be released upon the submission of a detailed request from the provider or facility and shall be approved by the Commissioner. The request shall be submitted in writing for review by the Commissioner at least 10 business days prior to the date of withdrawal.
(Apr. 5, 2005, D.C. Law 15-270, § 108, 52 DCR 799.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1A - Continuing Care Retirement Communities › § 44–151.10. Right to organization

§ 44–151.10. Right to organization.
(a) A resident living in a facility registered under this chapter has the right of self-organization, the right to be represented by an individual of the resident’s own choosing, and the right to engage in concerted activities to keep informed on the operation of the facility in which he or she is a resident or for other mutual aid or protection. Responsible family members and legal guardians of residents in the assisted living and nursing components have the same rights of organization.
(b) The facility shall provide space and other appropriate accommodations, including heat, light, and furnishings, for residents’ organizations.
(c) The board of directors or other governing body of a continuing care facility or its designated representative shall hold annual meetings with the residents of the continuing care facility for free discussions of subjects including income, expenditures, and financial trends and problems as they apply to the facility and discussions of proposed changes in policies, programs, and services. Residents and guardians, legal representatives, or designees of residents shall be entitled to at least 7 days advance notice of each meeting. Residents in the assisted living and nursing components shall receive these notices, which also shall be sent to the legal guardians or responsible family members. An agenda and any materials that shall be distributed by the governing body at the meetings shall remain available upon request to residents and to guardians, legal representatives, or designees of residents.
(d) A provider that has a governing body shall include at least one resident as a full and regular member of the governing body who shall be selected by vote of the residents of the facility.
(Apr. 5, 2005, D.C. Law 15-270, § 110, 52 DCR 799.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1A - Continuing Care Retirement Communities › § 44–151.12. Investigations and subpoenas

§ 44–151.12. Investigations and subpoenas.
For the purposes of any investigation or proceeding under this chapter, any person may be required or permitted by the Commissioner to file a statement in writing, under oath or otherwise, as to any of the facts and circumstances concerning the matter to be investigated.
(Apr. 5, 2005, D.C. Law 15-270, § 112, 52 DCR 799.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1A - Continuing Care Retirement Communities › § 44–151.13. Examinations; financial statements

§ 44–151.13. Examinations; financial statements.
(a) Each provider shall keep and make available to the Commissioner at the provider’s place of business any books and records that the Commissioner, by rule or regulation, requires to enable the Commissioner to enforce this chapter and any rule or regulation adopted under this chapter.
(b) Each provider shall retain for at least 3 years after final payment is made by a resident copies of any contract or agreement, records of payments received by the provider from a resident or a person on behalf of a resident, and such other papers or records relating to the loan as may be required by rule or regulation.
(c) On approval of the Commissioner, a provider shall not be required to maintain at the provider’s place of business any books and records otherwise required by the Commissioner under subsection (a) of this section if the licensee:
(1) Makes the books and records available to the Commissioner at the licensee’s place of business within 5 business days of the Commissioner’s official request; and
(2) Retains the records for at least 60 months in a storage facility disclosed to the Commissioner.
(d) The Commissioner or his designee may, in the Commissioner’s discretion, visit a provider or continuing care facility offering continuing care in the District to examine its books and records. The provider examined shall pay expenses incurred in conducting examinations under this section. These expenses may include the salary of the government employee based on the time spent conducting or supervising the examination, the fees of a third-party auditor, and reasonable and necessary out-of-pocket expenses incurred by the Department or third-party auditor.
(Apr. 5, 2005, D.C. Law 15-270, § 113, 52 DCR 799.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1A - Continuing Care Retirement Communities › § 44–151.14. Civil liability

§ 44–151.14. Civil liability.
(a) Any provider, facility, or person who enters into a contract for continuing care at a facility without having first delivered a disclosure statement meeting the requirements of this chapter to the person contracting for continuing care, or enters into a contract for continuing care at a facility with a person who has relied on a disclosure statement that omits to state, or misstates, a material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under which they are made, not misleading, shall be liable to the person contracting for continuing care for actual damages and repayment of all fees paid to the provider, facility, or person violating this chapter, less the reasonable value of care and lodging provided to the resident by or on whose behalf the contract for continuing care was entered into prior to discovery of the violation, misstatement, or omission or the time the violation, misstatement, or omission should reasonably have been discovered, together with interest thereon at the legal rate for judgments, court costs, and reasonable attorneys’ fees. The interest shall accrue on the date of entering into a contract or when the resident or their representative knew or should have known of the violation, omission, or misstatement, whichever is later.
(b) Liability under this section shall exist regardless of whether the provider or person liable had actual knowledge of the misstatement or omission.
(c) A person shall not file or maintain an action under this section if the person, before filing the action, received a written offer of a refund of all amounts paid the provider, facility, or person violating this chapter, together with interest at the legal rate for judgments, less the current contractual value of care and lodging provided prior to receipt of the offer, and if the offer recited the provisions of this section and the recipient of the offer failed to accept it within 30 days of actual receipt. The interest shall begin to accrue on the date of entering into a contract or when the resident or their representative knew or should have known of the violation, omission, or misstatement, whichever is later. Nothing in this subsection shall prohibit the Mayor from bringing an action for a violation of this chapter.
(d) An action shall not be maintained to enforce a liability created under this chapter unless brought before the expiration of 3 years after the execution of the contract for continuing care that gave rise to the violation or the date when the resident or his or her representative knew or should have known of the violation, omission, or misstatement, whichever is earlier.
(e) The Mayor may impose civil penalties or take other action appropriate to correct violations of this chapter. The Mayor may bring an action to enforce this chapter.
(Apr. 5, 2005, D.C. Law 15-270, § 114, 52 DCR 799.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1A - Continuing Care Retirement Communities › § 44–151.16. Other licensing or regulation

§ 44–151.16. Other licensing or regulation.
Nothing in this chapter affects the authority of any agency otherwise provided by law to license or regulate any health service facility, domiciliary service facility, or food service.
(Apr. 5, 2005, D.C. Law 15-270, § 116, 52 DCR 799.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1A - Continuing Care Retirement Communities › § 44–151.17. Rulemaking authority; reasonable time to comply with rules

§ 44–151.17. Rulemaking authority; reasonable time to comply with rules.
(a) The Mayor may promulgate rules to carry out and enforce the provisions of this chapter.
(b) Any provider who is offering continuing care shall be given a reasonable time, not to exceed one year from the date of publication of any applicable rules promulgated pursuant to this chapter, within which to comply with the rules and to obtain a license.
(Apr. 5, 2005, D.C. Law 15-270, § 117, 52 DCR 799.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1A - Continuing Care Retirement Communities › § 44–151.18. Continuing Care Retirement Community Regulatory and Supervision Trust Account

§ 44–151.18. Continuing Care Retirement Community Regulatory and Supervision Trust Account.
All fees, fines, penalties, and assessments received by the Commissioner under this chapter shall be deposited in, and credited to, the Continuing Care Retirement Community Regulatory and Supervision Trust Account established by § 31-1202(b-2) and expended in accordance with § 31-1202(b-2).
(Apr. 5, 2005, D.C. Law 15-270, § 118, 52 DCR 799.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 2 - Clinical Laboratories › § 44–204. Qualifications of technical personnel

§ 44–204. Qualifications of technical personnel.
(a) A clinical laboratory performing only waived tests shall employ testing personnel who meet the qualifications set out in rules issued pursuant to § 44-213.
(b)(1) A clinical laboratory performing moderately complex tests shall employ a laboratory director, a technical consultant, a clinical consultant, and testing personnel. A person may function in more than one of these capacities if he or she meets the qualifications specified in this chapter and in rules issued pursuant to § 44-213.
(2) The laboratory director, technical consultant, clinical consultant, and testing personnel shall meet the qualifications as specified in rules issued pursuant to § 44-213.
(c)(1) A clinical laboratory performing highly complex tests shall employ a laboratory director, a general supervisor, a technical supervisor, a clinical consultant, and testing personnel. A person may function in more than one of these capacities if he or she meets the qualifications specified in this chapter and in rules issued pursuant to § 44-213.
(2) The laboratory director, general supervisor, technical supervisor, clinical consultant, and testing personnel shall meet qualifications as specified in rules issued pursuant to § 44-213.
(3) In addition to the requirements set forth in paragraph (1) of this subsection, a clinical laboratory that performs highly complex tests in the subspecialty of cytology shall employ a cytology general supervisor, a cytology technical supervisor, and a cytotechnologist. A person may function in more than one of these capacities if he or she meets the qualifications specified in this chapter and in rules issued pursuant to § 44-213.
(Mar. 16, 1989, D.C. Law 7-182, § 5, 35 DCR 7718; Oct. 20, 2005, D.C. Law 16-33, § 5012(d), 52 DCR 7503.)
Prior Codifications
1981 Ed., § 32-1504.
Effect of Amendments
D.C. Law 16-33 rewrote the section.
Emergency Legislation
For temporary (90 day) amendment of section, see § 5012(d) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 2 - Clinical Laboratories › § 44–205. License requirements for physician office laboratories. [Repealed]

§ 44–205. License requirements for physician office laboratories. [Repealed]
Repealed.
(Mar. 16, 1989, D.C. Law 7-182, § 6, 35 DCR 7718; Apr. 20, 1999, D.C. Law 12-261, § 2003(bb)(2), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(dd)(2), 50 DCR 6913; Oct 20, 2005, D.C. Law 16-33, § 5012(e), 52 DCR 7503.)
Prior Codifications
1981 Ed., § 32-1505.
Emergency Legislation
For temporary (90 day) amendment of section, see § 3(dd)(2) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).
For temporary (90 day) repeal of section, see § 5012(e) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
Delegation of Authority
Delegation of authority pursuant to D.C. Law 7-182, see Mayor’s Order 89-211, September 15, 1989.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 2 - Clinical Laboratories › § 44–206. Mayor’s authority to establish Laboratory Advisory Board

§ 44–206. Mayor’s authority to establish Laboratory Advisory Board.
(a) The Mayor shall appoint a Laboratory Advisory Board, which will advise the Mayor on:
(1) Classifying laboratory tests as waived, moderately complex, or highly complex for the purposes of this chapter;
(2) Developing additional requirements or limitations for clinical laboratories;
(3) Proficiency testing programs and certifying institutions and organizations for the purposes of this chapter; and
(4) Developing rules and procedures for inspections of laboratories.
(b) The Mayor shall appoint the members of the Board within 60 days of March 16, 1989.
(c) The Board shall transmit its written recommendations to the Mayor within 180 days of the date of the appointment of all members and shall then cease to exist.
(d) The Mayor may appoint a temporary board, at the Mayor’s discretion, for whatever periods of the time the Mayor deems necessary because of advancements in technology or other purposes consistent with carrying out the provisions of this chapter.
(Mar. 16, 1989, D.C. Law 7-182, § 7, 35 DCR 7718; Oct. 20, 2005, D.C. Law 16-33, § 5012(f), 52 DCR 7503.)
Prior Codifications
1981 Ed., § 32-1506.
Section References
This section is referenced in § 44-201.
Effect of Amendments
D.C. Law 16-33 rewrote subsecs. (a)(1) and (a)(2).
Emergency Legislation
For temporary (90 day) amendment of section, see § 5012(f) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 2 - Clinical Laboratories › § 44–207. Inspections

§ 44–207. Inspections.
(a) The Mayor shall conduct inspections of clinical laboratories licensed to perform moderately complex and highly complex tests, including inspections of their methods, procedures, materials, staff, and equipment and may conduct inspections of clinical laboratories licensed to perform only waived tests.
(b) To ensure that each clinical laboratory is in compliance with the provisions of this chapter, and the rules issued pursuant to this chapter, the Mayor shall conduct an on-site inspection prior to the laboratory’s initial licensure and before each license renewal. Temporary licenses or renewals may be granted for a period not to exceed 60 days to afford the Mayor sufficient time to conduct the on-site inspection. The Mayor may issue a provisional license for less than one year to a new clinical laboratory, pending satisfactory completion of additional follow-up inspections.
(Mar. 16, 1989, D.C. Law 7-182, § 8, 35 DCR 7718; Oct. 20, 2005, D.C. Law 16-33, § 5012(g), 52 DCR 7503.)
Prior Codifications
1981 Ed., § 32-1507.
Effect of Amendments
D.C. Law 16-33, in subsec. (b), deleted “and each Level III physician office laboratory” following “clinical laboratory” in the first sentence; and rewrote subsec. (a), which had read as follows: “(a) The Mayor shall conduct inspections of clinical laboratories and Level II and Level III physician office laboratories, methods, procedures, materials, staff, and equipment with an option to inspect Level I physician office labs as deemed appropriate. Nothing shall prohibit an authorized District government official from entering the premises of any laboratory regulated by this chapter during operating hours for the purpose of conducting an announced or unannounced inspection consistent with constitutional guidelines to check for compliance with any provision of this chapter or rules issued pursuant to this chapter. In conducting an inspection, the District government official shall make every effort not to disrupt the normal operations of the laboratory and its staff.”
Emergency Legislation
For temporary (90 day) amendment of section, see § 5012(g) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 2 - Clinical Laboratories › § 44–208. Quality assurance

§ 44–208. Quality assurance.
(a) The Mayor shall operate a laboratory reference system and shall prescribe standards for the examination of specimens.
(b) The Mayor shall adopt rules pursuant to § 44-213 that:
(1) Prohibit payment to laboratory personnel based upon the number of tests performed; and
(2) Limit the number of hours that laboratory personnel may work.
(c) The Mayor shall set standards for proficiency testing programs to determine a satisfactory result, a satisfactory level of overall performance, and a substandard level of overall performance.
(Mar. 16, 1989, D.C. Law 7-182, § 9, 35 DCR 7718.)
Prior Codifications
1981 Ed., § 32-1508.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 2 - Clinical Laboratories › § 44–210. Cytology screening

§ 44–210. Cytology screening.
The Mayor shall adopt rules pursuant to § 44-213 that:
(1) Limit the number of slides a cytotechnologist may examine to no more than 100 in a 24-hour period, irrespective of the site or clinical laboratory;
(2) Prohibit cytotechnologists from examining slides at any building not owned or used by a licensed clinical laboratory;
(3) Require clinical laboratories to rescreen no less than 10% of all negative pap smears, and require that pap smear rescreening be performed by a supervisory level cytotechnologist;
(4) Require clinical laboratories rescreen all negative noncervical smears, and require that noncervical smear rescreening be performed by a supervisory level pathologist;
(5) Require clinical laboratories to reject improperly prepared smear specimens, make appropriate comments regarding the quality of the specimen, and maintain records on improperly prepared specimens for 5 years subject to review by the Mayor;
(6) Require clinical laboratories to maintain and store for 5 years from the date of examination any smear slide that was examined for disease or disease agents; and
(7) Require all smear specimen reports to be retained for at least 10 years.
(Mar. 16, 1989, D.C. Law 7-182, § 11, 35 DCR 7718; Oct. 20, 2005, D.C. Law 16-33, § 5012(i), 52 DCR 7503.)
Prior Codifications
1981 Ed., § 32-1510.
Effect of Amendments
D.C. Law 16-33, rewrote par. (1), which had read as follows: “(1) Limit the number of slides a cytotechnologist may examine per day;”
Emergency Legislation
For temporary (90 day) amendment of section, see § 5012(i) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 2 - Clinical Laboratories › § 44–211. Confidentiality of test results

§ 44–211. Confidentiality of test results.
(a) A patient may request, in writing, access to or copies of the results of the patient’s own laboratory tests.
(b)(1) All requests for clinical laboratory services, the results of all clinical laboratory tests, and the contents of patient specimens shall be confidential.
(2) Persons other than the patient or the patient’s physician may have access to the results of the patient’s laboratory tests if:
(A) The patient has given written consent to the person seeking access for the release of the records for a specific use; or
(B) The court has issued a subpoena for the results of the patient’s laboratory tests, and except in a law enforcement investigation, the person seeking access has given the patient notice and an opportunity to contest the subpoena.
(c) All clinical laboratory results shall be reported to the requesting physician. When there is no requesting physician, the clinical laboratory shall report the test results to the patient and shall recommend that the patient forward the laboratory results to the patient’s personal physician as soon as possible.
(Mar. 16, 1989, D.C. Law 7-182, § 12, 35 DCR 7718; Oct. 20, 2005, D.C. Law 16-33, § 5012(j), 52 DCR 7503.)
Prior Codifications
1981 Ed., § 32-1511.
Effect of Amendments
D.C. Law 16-33, in subsec. (b)(1), deleted “or physician office” following “clinical” in two places.
Emergency Legislation
For temporary (90 day) amendment of section, see § 5012(j) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 2 - Clinical Laboratories › § 44–213. Rules

§ 44–213. Rules.
(a) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules, including a schedule of civil fines, to implement the provisions of this chapter.
(b) The Mayor may issue emergency rules, which shall be effective no more than 90 days and which shall be consistent with subchapter I of Chapter 5 of Title 2.
(Mar. 16, 1989, D.C. Law 7-182, § 14, 35 DCR 7718.)
Prior Codifications
1981 Ed., § 32-1513.
Section References
This section is referenced in § 44-202, § 44-203, § 44-204, § 44-208, § 44-209, and § 44-210.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 7-182, see Mayor’s Order 89-211, September 15, 1989.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 2A - Defibrillator Usage. [Recodified] › § 44–231. Definitions. [Recodified]

§ 44–231. Definitions. [Recodified]
Recodified as § 7-2371.01.
(Apr. 27, 2001, D.C. Law 13-278, § 2, 48 DCR 1869; Mar. 6, 2007, D.C. Law 16-217, § 2(a), 53 DCR 10207; Mar. 25, 2009, D.C. Law 17-362, § 2(a), 56 DCR 1211; Oct. 8, 2016, D.C. Law 21-160, § 3144(a), 63 DCR 10775.)
Effect of Amendments
D.C. Law 16-217 rewrote this section, which formerly read:
“For the purposes of this chapter, the term ‘automated external defibrillator’ or ‘AED’ or ‘defibrillator’ means a medical device heart monitor and defibrillator that:
“(1) Has received approval from the United States Food and Drug Administration of its premarket notification filed pursuant to section 510(k) of the Federal Food, Drug, and Cosmetic Act, approved October 10, 1962 (76 Stat. 794; 21 U.S.C. 360(k));
“(2) Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia, and determining, without intervention by an operator, whether defibrillation should be performed; and
“(3) Upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual’s heart.”
D.C. Law 17-362 added pars. (3) and (4).