reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 2A - Defibrillator Usage. [Recodified] › § 44–232. Access by the public to defibrillation. [Recodified]

§ 44–232. Access by the public to defibrillation. [Recodified]
Recodified as § 7-2371.02.
(Apr. 27, 2001, D.C. Law 13-278, § 3, 48 DCR 1869; Mar. 25, 2009, D.C. Law 17-362, § 2(b), 56 DCR 1211; Oct. 8, 2016, D.C. Law 21-160, § 3144(b), 63 DCR 10775.)
Section References
This section is referenced in § 44-232.01 and § 44-234.
Effect of Amendments
D.C. Law 17-362, in subsec. (b), designated the existing text as par. (1), inserted “Except as provided in paragraph (2) of this subsection,” and added par. (2).
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 2A - Defibrillator Usage. [Recodified] › § 44–232.02. Study to expand AED program throughout public facilities. [Recodified]

§ 44–232.02. Study to expand AED program throughout public facilities. [Recodified]
Recodified as § 7-2371.02b.
(Apr. 27, 2001, D.C. Law 13-278, § 3b; as added Mar. 25, 2009, D.C. Law 17-362, § 2(c), 56 DCR 1211.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 2A - Defibrillator Usage. [Recodified] › § 44–232.03. CPR and AED program. [Recodified]

§ 44–232.03. CPR and AED program. [Recodified]
Recodified as § 7-2371.02c.
(Apr. 27, 2001, D.C. Law 13-278, § 3c; as added Oct. 8, 2016, D.C. Law 21-160, § 3144(c), 63 DCR 10775.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 2A - Defibrillator Usage. [Recodified] › § 44–233. AED use and tort immunity. [Recodified]

§ 44–233. AED use and tort immunity. [Recodified]
Recodified as § 7-2371.03.
(Apr. 27, 2001, D.C. Law 13-278, § 4, 48 DCR 1869; Mar. 6, 2007, D.C. Law 16-217, § 2(b), 53 DCR 10207; Mar. 25, 2009, D.C. Law 17-362, § 2(d), 56 DCR 1211.)
Effect of Amendments
D.C. Law 16-217, in subsec. (e), deleted the last sentence which read as follows: “This immunity shall apply only if the requirements of § 44-232 are fulfilled.”; and added subsec. (f).
D.C. Law 17-362 added subsec. (g).
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 2A - Defibrillator Usage. [Recodified] › § 44–234. Agency fund. [Recodified]

§ 44–234. Agency fund. [Recodified]
Recodified as § 7-2371.04.
(Apr. 27, 2001, D.C. Law 13-278, § 5, 48 DCR 1869.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 2A - Defibrillator Usage. [Recodified] › § 44–235. Rules. [Recodified]

§ 44–235. Rules. [Recodified]
Recodified as § 7-2371.05.
(Apr. 27, 2001, D.C. Law 13-278, § 6, 48 DCR 1869.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 2A - Defibrillator Usage. [Recodified] › § 44–236. Appropriations. [Recodified]

§ 44–236. Appropriations. [Recodified]
Recodified as § 7-2371.06.
(Apr. 27, 2001, D.C. Law 13-278, § 7, 48 DCR 1869; Mar. 3, 2010, D.C. Law 18-111, § 7012, 57 DCR 181.)
Emergency Legislation
For temporary (90 day) repeal, see § 7012 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) repeal, see § 7012 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 3 - Grievance Procedures for Health Benefits Plans › Subchapter I - Grievance and Appeals Procedure › § 44–301.02. Medicare not applicable

§ 44–301.02. Medicare not applicable.
(a) The provisions of subchapter I of this chapter shall not apply in cases directly involving coverage determinations or benefit requirements under the federal Medicare program. The provisions of subchapters II and III of this chapter shall not apply in cases directly involving federal Medicare benefits.
(b) Any complaint by a member involving coverage or benefits provided pursuant to the federal Medicare program shall be resolved in accordance with federal laws, regulations, and procedures established for fair hearings and appeals for the Medicare programs and with any appropriate District law.
(Apr. 27, 1999, D.C. Law 12-274, § 102, 46 DCR 1294.)
Prior Codifications
1981 Ed., § 32-571.2.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 3 - Grievance Procedures for Health Benefits Plans › Subchapter I - Grievance and Appeals Procedure › § 44–301.04. Grievance process

§ 44–301.04. Grievance process.
(a) A member or member representative may appeal any adverse benefit determination decision resulting in a rescission, denial, termination, or other limitation of a benefit in accordance with the provisions of this chapter.
(b) At the time an insurer denies, reduces, terminates, or limits a benefit, an insurer shall provide to the affected member or member representative a written description of the procedures for filing appeals, including procedures to request expedited internal or external review if the matter concerns an emergency or urgent medical condition. The notice shall adhere to requirements of Title XXVII of the Public Health Service Act, approved July 1, 1944 (42 U.S.C. § 300gg et seq.), and the Employee Retirement Income Security Act of 1974, approved September 2, 1974 (Pub. L. No. 93-406; 88 Stat. 829), and shall include information sufficient to identify the claim, the reason for the denial, any standards relied on to deny the claim, contact information for the Health Care Ombudsman, and notice of the right of the claimant to receive free of charge all documents relevant to the claim.
(c) The appeal process shall consist of 2 separate appeal levels:
(1) Review by the insurer; and
(2) External review by an independent review organization.
(d) Nothing in the health benefits plan shall prohibit a member or member representative from discussing or exercising the right to appeal pursuant to this section.
(e)(1) The insurer shall notify a member seeking a resolution of an adverse benefit determination about the:
(A) Availability of the Health Care Ombudsman;
(B) Right to review; and
(C) Procedures for obtaining continued coverage pending the outcome of the grievance.
(2) For grievances and appeals concerning urgent or emergency medical conditions, the member has the right to continued coverage at the level of benefits provided before the reduction, termination, or limitation, pending the outcome of the appeal.
(f)(1) Any request that a physician, with knowledge of the covered person’s medical condition, determines involves an emergency or urgent medical condition shall be treated as an urgent care request.
(2) An individual acting on behalf of the health insurer shall apply the judgment of a prudent layperson who possesses an average knowledge of health and medicine to determine if other requests involve an emergency or urgent medical condition.
(3) For the purposes of expedited external review, the Director, or the Director’s designee, shall apply the judgment of a prudent layperson that possesses an average knowledge of health and medicine to determine if other requests involve an emergency or urgent medical condition.
(Apr. 27, 1999, D.C. Law 12-274, § 104, 46 DCR 1294; Mar. 19, 2013, D.C. Law 19-229, § 2(c), 59 DCR 13592.)
Prior Codifications
1981 Ed., § 32-571.4.
Effect of Amendments
The 2013 amendment by D.C. Law 19-229 rewrote (a) through (c); and added (e) and (f).
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 3 - Grievance Procedures for Health Benefits Plans › Subchapter I - Grievance and Appeals Procedure › § 44–301.05. Informal internal review. [Repealed]

§ 44–301.05. Informal internal review. [Repealed]
Repealed.
(Apr. 27, 1999, D.C. Law 12-274, § 105, 46 DCR 1294; Mar. 19, 2013, D.C. Law 19-229, § 2(d), 59 DCR 13592.)
Prior Codifications
1981 Ed., § 32-571.5.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 3 - Grievance Procedures for Health Benefits Plans › Subchapter I - Grievance and Appeals Procedure › § 44–301.06a. Appeals of rescissions to the Department of Insurance, Securities, and Banking

§ 44–301.06a. Appeals of rescissions to the Department of Insurance, Securities, and Banking.
If an insurer denies a member or member representative’s appeal of a rescission, the insurer shall provide the member or member representative and the Department of Insurance, Securities, and Banking with a written explanation of why the insurer found that there was fraud or misrepresentation of a material fact. The notice shall explain the member’s right to appeal to the Department of Insurance, Securities, and Banking.
(Apr. 27, 1999, D.C. Law 12-274, § 106a; as added Mar. 19, 2013, D.C. Law 19-229, § 2(f), 59 DCR 13592.)
Effect of Amendments
The 2013 amendment by D.C. Law 19-229 added this section.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 3 - Grievance Procedures for Health Benefits Plans › Subchapter I - Grievance and Appeals Procedure › § 44–301.09. Assessment of insurers

§ 44–301.09. Assessment of insurers.
The Mayor shall assess all insurers to cover all the costs of administering this chapter. The Mayor shall promulgate regulations to determine the assessment formula.
(Apr. 27, 1999, D.C. Law 12-274, § 109, 46 DCR 1294.)
Prior Codifications
1981 Ed., § 32-571.9.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 12-274, the “Health Benefits Plan Members Bill of Rights Act of 1998”, see Mayor’s Order 99-159, October 13, 1999 ( 46 DCR 8842).
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 3 - Grievance Procedures for Health Benefits Plans › Subchapter I - Grievance and Appeals Procedure › § 44–301.10. Reporting requirements

§ 44–301.10. Reporting requirements.
(a) Every insurer shall submit to the Director, an annual grievance report, that chronicles all grievance activity during the preceding year. The Director shall develop a system for classifying and categorizing grievances and appeals that all insurers and independent review organizations will use when collecting, recording, and reporting grievance and appeals information. The Director shall also develop a reporting form for inclusion in the annual grievance report that shall include the following information:
(1) The name and location of the reporting insurer;
(2) The reporting period in question;
(3) The names of the individuals responsible for the operation of the insurer’s grievance system;
(4) The total number of grievances received by the insurer, categorized by cause, insurance status, and disposition;
(5) The total number of requests for expedited review, categorized by cause, length of time for resolution, and disposition; and
(6) The total number of requests for external review, categorized by cause, length of time for resolution, and disposition.
(b) The Director shall provide current and aggregate information about each health benefits plan’s grievance and appeals activity to the public.
(c) The Director shall develop appropriate annual reporting requirements for independent review organizations.
(d) The Director shall submit an annual report to the Council and the public concerning the status of the grievance and appeal procedures of all health benefits plans in the District, including external appeals. The report shall summarize grievances by category and by health benefits plan and shall include the number of decisions upholding and reversing each grievance and the length of time for complete resolution of the grievance. The Director shall, based upon individual cases and the patterns of grievance and appeals activity, include in the annual report recommendations concerning additional health consumer protections.
(Apr. 27, 1999, D.C. Law 12-274, § 110, 46 DCR 1294.)
Prior Codifications
1981 Ed., § 32-571.10.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 3 - Grievance Procedures for Health Benefits Plans › Subchapter I - Grievance and Appeals Procedure › § 44–301.11. Availability of District external review procedures for self-insured plans

§ 44–301.11. Availability of District external review procedures for self-insured plans.
A group health plan that is located in the District but that is not subject to District regulation may voluntarily use the District’s external review system; provided, that it pays the full costs of external review and adheres to the procedures set forth in § 44-301.07.
(Apr. 27, 1999, D.C. Law 12-274, § 111; as added Mar. 19, 2013, D.C. Law 19-229, § 2(i), 59 DCR 13592.)
Effect of Amendments
The 2013 amendment by D.C. Law 19-229 added this section.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 3 - Grievance Procedures for Health Benefits Plans › Subchapter II - Access to Specialists as Primary Care Providers › § 44–302.01. Specialists as primary care providers

§ 44–302.01. Specialists as primary care providers.
(a) A health benefits plan shall permit a member with chronic disabling or life threatening conditions to choose a health care specialist as the member’s primary care provider. The specialist must be a participant in the health benefits plan and be available to attend to the member.
(b) A specialist chosen by a member pursuant to subsection (a) of this section, shall be permitted to treat the member without the member first receiving a referral from another health care provider. The specialist may authorize referrals, procedures, tests, and medical services subject to the terms of a treatment plan developed by the specialist and approved by the insurer.
(c) A health benefits plan shall permit a member with a chronic disabling or life threatening condition to have direct access to a specialist qualified to treat the condition, subject to initial referral by the member’s primary care provider and a treatment plan approved by the member’s primary care provider. Such treatment plan shall ensure that the member will receive covered medically necessary procedures, tests, and medical services.
(Apr. 27, 1999, D.C. Law 12-274, § 201, 46 DCR 1294.)
Prior Codifications
1981 Ed., § 32-572.1.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 3 - Grievance Procedures for Health Benefits Plans › Subchapter II - Access to Specialists as Primary Care Providers › § 44–302.02. Standing referrals to specialists

§ 44–302.02. Standing referrals to specialists.
(a) In general, subject to subsection (b) of this section, a health benefits plan shall permit a member to receive medically necessary or appropriate specialty care for more than one visit without having to obtain the insurer’s approval for subsequent visits authorized by a primary care provider.
(b) Subsection (a) of this section shall not apply to specialty care if the insurer informs the member, orally and in writing, of any limitation on the choice of participating providers with respect to such care.
(Apr. 27, 1999, D.C. Law 12-274, § 202, 46 DCR 1294.)
Prior Codifications
1981 Ed., § 32-572.2.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 3 - Grievance Procedures for Health Benefits Plans › Subchapter II - Access to Specialists as Primary Care Providers › § 44–302.03. Direct access to qualified specialists for females’ health services

§ 44–302.03. Direct access to qualified specialists for females’ health services.
(a) Every health benefits plan that requires or provides a member with the opportunity to designate a participating primary care provider, shall permit a member who is female to designate as her primary care provider a participating physician or advance practice registered nurse who specializes in obstetric and gynecology.
(b) If a member who is female does not designate a participating physician or advance practice registered nurse as described in subsection (a) of this section as her primary care provider, the health benefits plan may not require authorization or referral by the member’s primary care provider, or otherwise, in order for the member to receive routine obstetrical or gynecological services from a participating obstetrician or gynecologist or advance practice registered nurse described in subsection (a) of this section.
(c) For the purposes of this section “routine obstetrical and gynecological services” means the full scope of medically necessary services provided by the obstetrician or gynecologist or advance practice registered nurse described in subsection (a) of this section in the care of, or related to, the female reproductive system and breasts and in performing annual screening and immunizations for disorders and diseases in accordance with nationally recognized medical practice.
(d) Nothing in this section shall prohibit an insurer or Health Maintenance Organization from requiring a participating obstetrician or gynecologist or advance practice registered nurse as described in subsection (a) of this section to provide written notification to the covered female’s primary care physician of any visit to such obstetrician or gynecologist or advance practice registered nurse. The notification may include a description of the health care services rendered at the time of the visit.
(Apr. 27, 1999, D.C. Law 12-274, § 203, 46 DCR 1294.)
Prior Codifications
1981 Ed., § 32-572.3.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 3 - Grievance Procedures for Health Benefits Plans › Subchapter III - Notification of Health Care Provider Termination; Continuance of Coverage › § 44–303.01. When a health care provider leaves a plan

§ 44–303.01. When a health care provider leaves a plan.
If a contract between an insurer and a health care provider is terminated by either party for any reason other than termination for failure to meet applicable quality standards of care or fraud, and a member is undergoing a course of treatment from the physician at the time of the termination, the insurer shall notify the member on a timely basis of the termination. When medically necessary, persons with serious illness undergoing a course of treatment or who are in the second trimester of a pregnancy shall be permitted to continue to receive medically necessary covered services, with respect to the cause of treatment, by the physician, certified nurse-midwife, or certified midwife during a transitional period of at least 90 days from the date of the notice under the same terms and conditions as specified under the provider contract.
(Apr. 27, 1999, D.C. Law 12-274, § 301, 46 DCR 1294; Dec. 29, 2021, D.C. Law 24-46, § 4(c), 68 DCR 011642.)
Prior Codifications
1981 Ed., § 32-573.1.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 3 - Grievance Procedures for Health Benefits Plans › Subchapter IV - Regulations and Standards › § 44–304.01. Regulations and standards; compliance

§ 44–304.01. Regulations and standards; compliance.
(a) Within 120 days of April 27, 1999, the Director shall promulgate any regulations and standards as may be necessary to carry out the purposes of this chapter.
(b) Health benefits plans and insurers subject to this chapter shall comply with the regulations promulgated pursuant to subsection (a) of this section for contracts issued or renewed on or after 120 days from the promulgation of final regulations pursuant to subsection (a) of this section.
(Apr. 27, 1999, D.C. Law 12-274, § 401, 46 DCR 1294.)
Prior Codifications
1981 Ed., § 32-574.1.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 4 - Health Services Planning › § 44–404. Health systems plan; development, publication, updating, and implementation

§ 44–404. Health systems plan; development, publication, updating, and implementation.
(a) The SHPDA, with the advice and recommendation of the SHCC, shall develop a proposed HSP, which shall be adopted in accordance with rules issued pursuant to § 44-421, to guide health policy in the District of Columbia. The HSP shall present data collected pursuant to § 44-405 to:
(1) Articulate issues with respect to maintaining and improving the health of District of Columbia residents;
(2) Demonstrate health care trends over multi-year periods;
(3) Identify health needs of District of Columbia residents;
(4) Identify needs of the health care delivery system; and
(5) Prioritize health care issues.
(b) Where applicable, the SHPDA shall use the federal Healthy People 2010 Plan development guidelines, and subsequent federal Healthy People Plan guidelines, to develop the HSP of subsection (a) of this section and to address the health status and health systems goals of the Department of Health and data needs required to administer the SHPDA’s certificate of need responsibilities under §§ 44-409 and 44-410.
(c) In carrying out its duties for the development of the HSP, the SHPDA shall:
(1) Provide for public involvement in and evaluation of the development and implementation of the HSP, which shall include at least one public hearing;
(2) Develop an Annual Implementation Plan (“AIP”) for the implementation of the HSP;
(3) Conduct informational and educational activities concerning the HSP and the AIP; and
(4) Coordinate all health planning within the District of Columbia.
(d) Upon completion and promulgation of the final HSP, the SHPDA shall publish a notice of its completion and issuance in the District of Columbia Register and forward a copy of the final HSP to the District of Columbia Public Library.
(e) The HSP shall be reviewed annually, and amended as necessary, except that a new HSP shall be issued every 5 years. Upon the completion and promulgation of any new HSP, or any annual amendment to the HSP, the SHPDA shall submit copies to the Council and the District of Columbia Public Library, and shall publish a notice of its completion and issuance in the District of Columbia Register.
(Apr. 9, 1997, D.C. Law 11-191, § 5, 43 DCR 4535; Apr. 22, 2004, D.C. Law 15-149, § 2(c), 51 DCR 2802.)
Prior Codifications
1981 Ed., § 32-354.
Section References
This section is referenced in § 44-402.
Effect of Amendments
D.C. Law 15-149 rewrote subsecs. (a), (b), and (e).
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 4 - Health Services Planning › § 44–408. Activities subject to expedited administrative certificate of need reviews

§ 44–408. Activities subject to expedited administrative certificate of need reviews.
(a) Proposals for major medical equipment and new institutional health services for which there is an explicit finding of need in the HSP shall be eligible for expedited administrative review without referral to the SHCC, in accordance with rules promulgated pursuant to § 44-421.
(b) Any persons proposing projects subject to expedited administrative review shall file an application with the SHPDA in accordance with rules promulgated pursuant to section 22, provided that the HSP upon which the need is assessed is no more than 3 years old. If the HSP is more than 5 years old, such proposals shall be subject to standard certificate of need review.
(c) Administrative review decisions shall initially be made the SHPDA staff and shall be appealable to the Director of the SHPDA. The decision by the Director is the final decision of the SHPDA and is subject to appeal to the Board of Appeals and review in accordance with § 44-421.
(Apr. 9, 1997, D.C. Law 11-191, § 9, 43 DCR 4535.)
Prior Codifications
1981 Ed., § 32-358.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 4 - Health Services Planning › § 44–410. Criteria for review and required findings

§ 44–410. Criteria for review and required findings.
(a) In order to grant a certificate of need, except for a certificate of need to decrease the bed capacity of a HCF, the SHPDA shall, upon review of an applicant, make a written finding that the proposed HCF, health service, major medical equipment, or capital expenditure meets the requirements of this chapter and any other requirements established by regulations. In addition, the SHPDA shall make the written finding that:
(1) The applicant is in compliance with all assurances made pursuant to § 603(e) of the Public Health Service Act, approved July 1, 1944, as amended (58 Stat. 682; 42 U.S.C. 291c et seq.); and
(2) The applicant, if it operates on a fee-for-service basis and has not given assurances pursuant to § 603(e) of the Public Health Service Act, approved July 1, 1944, as amended (58 Stat. 682; 42 U.S.C. 291c), has given equivalent assurances, in writing, to the SHPDA and is in compliance with any assurances pursuant to this subsection in a previous certificate of need application.
(b) In adopting rules in accordance with § 44-421, the SHPDA shall adopt comprehensive, detailed rules to ensure that compliance with the assurances given pursuant to subsection (a) of this section is achieved and maintained by the applicant. The SHPDA may adopt identical or separate rules for facilities described in subsection (a) of this section.
(c) In conducting certificate of need review, the SHPDA shall utilize all appropriate criteria adopted by rules.
(d) The SHCC shall, in the performance of its review functions, follow procedures and apply criteria developed and published by the SHPDA and adopted by the SHCC.
(Apr. 9, 1997, D.C. Law 11-191, § 11, 43 DCR 4535; Apr. 22, 2004, D.C. Law 15-149, § 2(g), 51 DCR 2802.)
Prior Codifications
1981 Ed., § 32-360.
Section References
This section is referenced in § 44-404.
Effect of Amendments
D.C. Law 15-149, in subsec. (a), inserted “major medical equipment,” after “health service,”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 2(f) of Health Services Planning and Development Emergency Amendment Act of 2003 (D.C. Act 15-49, March 28, 2003, 50 DCR 2943).
For temporary (90 day) amendment of section, see § 2(f) of Health Services Planning and Development Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-87, May 19, 2003, 50 DCR 4325).
For temporary (90 day) amendment of section, see § 2(f) of Health Services Planning and Development Emergency Amendment Act of 2004 (D.C. Act 15-322, January 28, 2004, 51 DCR 1581).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(f) of Health Services Planning and Development Temporary Amendment Act of 2003 (D.C. Law 15-19, June 21, 2003, law notification 50 DCR 5463).
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 4 - Health Services Planning › § 44–412. Reconsideration of review decisions

§ 44–412. Reconsideration of review decisions.
(a) After a decision on an application for a new or renewal certificate of need is made by the SHPDA, the SHPDA shall notify the applicant, the SHCC, all previously appearing parties, and contiguous health planning agencies of the decision. The SHPDA shall give any person, for good cause shown, an opportunity within 30 days of the date of the notice to request reconsideration of a certificate of need decision at a public hearing before the SHPDA, which shall be held without charge. If a request demonstrates good cause, the SHPDA shall conduct a public hearing within 30 days of the request of reconsideration of the decision.
(b) For purposes of this section, the term “good cause” means:
(1) Presentation of significant and relevant information not previously considered by the SHPDA;
(2) Demonstration of a significant change in a factor or circumstance relied upon in reaching the decision;
(3) Demonstration of a material failure to follow SHPDA review procedures; or
(4) Presentation of another basis for a public hearing such as when the SHPDA determines that a hearing is in the public interest.
(c) If the SHPDA reconsiders a decision, it shall notify the persons requesting the hearing, the applicant, the SHCC, and all contiguous health planning agencies, and shall publish a notice of public hearing in at least 1 newspaper of general circulation. Any person may submit testimony at the hearing. Ex parte contact shall be prohibited after the commencement of the reconsideration hearing. A record of the hearing shall be made by the SHPDA and be available to the public upon request.
(d) Upon reconsideration, the SHPDA shall issue finding giving the basis for its decision. The SHPDA may affirm, modify, or reverse its original decision. The SHPDA shall render its final decision in writing by issuing or denying a certificate of need within 15 days following the public hearing. The final decision shall not be reconsidered.
(Apr. 9, 1997, D.C. Law 11-191, § 13, 43 DCR 4535.)
Prior Codifications
1981 Ed., § 32-362.
Section References
This section is referenced in § 44-413.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 4 - Health Services Planning › § 44–413. Administrative appeal

§ 44–413. Administrative appeal.
(a) Following reconsideration by the SHPDA, or if the SHPDA denies a request for consideration, or has not granted a request for reconsideration pursuant to § 44-412(a) within 30 days after the request for reconsideration, the final decision of the SHPDA on the application for a certificate of need may be appealed by the SHCC, the applicant, or any previously appearing persons to the Office of Administrative Hearings.
(b) The Office of Administrative Hearings shall review the record and any additional evidence presented on behalf of the parties to the appeal. It shall take due account of the presumption of official regularity, the experience, and specialized competence of the SHPDA, and the purposes of this chapter. The Office of Administrative Hearings must make its written decision within 45 days of the conclusion of its review. The decision must be provided to the applicant, the SHPDA, the person requesting the hearing, and to any other person upon request. The decision of the Office of Administrative Hearings shall be considered the final decision of the SHPDA.
(c) Any contested case hearing required by § 2-509, shall be conducted by the Office of Administrative Hearings.
(Apr. 9, 1997, D.C. Law 11-191, § 14, 43 DCR 4535; Mar. 24, 1998, D.C. Law 12-81, § 17, 45 DCR 745; Apr. 13, 2005, D.C. Law 15-354, § 64(b), 52 DCR 2638.)
Prior Codifications
1981 Ed., § 32-363.
Effect of Amendments
D.C. Law 15-354, in subsec. (a), substituted “to the Office of Administrative Hearings” for “to the Board of Appeals and review established by Organization Order 112, dated August 11, 1955 (C.O. 55-1500) (‘Board of Appeals and Review’)”, and deleted the last sentence which read: “This appeal must be made within 30 days of the date of the SHPDA’s final decision on reconsideration issued under 44-412(d) or, if the SHPDA does not grant a request for reconsideration, within 30 days of the date it denies a request for reconsideration.”; and, in subsecs. (b) and (c), substituted “Office of Administrative Hearings” for “Board of Appeals and Review”.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 4 - Health Services Planning › § 44–414. Judicial review of certificate of need decisions

§ 44–414. Judicial review of certificate of need decisions.
Any person who contests the final decision on an application for a certificate of need, or for exemption from certificate of need review under this chapter, after the exhaustion of all administrative remedies, is entitled to judicial review thereof upon filing in the District of Columbia Court of Appeals a written petition for review pursuant to § 2-510.
(Apr. 9, 1997, D.C. Law 11-191, § 15, 43 DCR 4535.)
Prior Codifications
1981 Ed., § 32-364.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 4 - Health Services Planning › § 44–415. Certificate of need mandatory condition precedent

§ 44–415. Certificate of need mandatory condition precedent.
The issuance of a certificate of need, if required under this chapter, shall be a condition precedent to the issuance of any license, permit, and any other type of official approval, except zoning approval, by an agency or officer or employee of the District government which is necessary for a particular health project.
(Apr. 9, 1997, D.C. Law 11-191, § 16, 43 DCR 4535; Mar. 24, 1998, D.C. Law 12-81, § 18, 45 DCR 745.)
Prior Codifications
1981 Ed., § 32-365.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 4 - Health Services Planning › § 44–416. Violations and penalties for noncompliance

§ 44–416. Violations and penalties for noncompliance.
(a) It shall be unlawful for any person to proceed with any project which under this chapter would require a certificate of need without applying for and obtaining a certificate of need.
(b) The Office of [the] Attorney General for the District of Columbia may seek injunctive relief from a court of competent jurisdiction when it determines that a person is offering, developing, or operating a HCF or service in violation of this chapter.
(c) Any person, including the principal officers or agents of a corporation or association, who violates this chapter, or the rules issued pursuant to this chapter, by the willful failure to obtain a certificate of need, deviates from the provisions of a certificate of need, or beginning or continuing construction or initiating a new or expanded service after expiration of a certificate of need shall, upon conviction, be subject to a fine of not less than $500 and not more that $2,500. Each day of a continuing violation shall constitute a separate offense.
(d) Any person, including the principal officers or agents of a corporation or association, who knowingly fails to provide, or knowingly withholds, or intentionally provides misleading information required by this chapter, or the rules issued pursuant to this chapter, upon conviction, shall be subject to a fine of not less than $500 and not more than $2,500, or 10 days imprisonment, or both. Each day of a continuing violation shall constitute a separate offense.
(e) The SHPDA may, following a public hearing to ascertain the facts, withdraw a current certificate of need held by any person which the SHPDA finds has violated any provision of this chapter, or the rules issued pursuant to this chapter, regardless of the initiation of any criminal prosecution, suit for injunctive relief, or imposition of civil fine, penalty, or fee.
(f) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter or any rules issued under the authority of this chapter, pursuant to Chapter 18 of Title 2.
(g) The SHPDA shall, by rule, list each type of violation of this chapter which constitutes an infraction as described and shall list the fine, penalty, or fee to be imposed on a person for the first and for each subsequent violation.
(Apr. 9, 1997, D.C. Law 11-191, § 17, 43 DCR 4535; Apr. 13, 2005, D.C. Law 15-354, § 64(c), 52 DCR 2638.)
Prior Codifications
1981 Ed., § 32-366.
Effect of Amendments
D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 4 - Health Services Planning › § 44–417. Immunity from civil liability

§ 44–417. Immunity from civil liability.
No member of the SHCC or the SHPDA may be held personally liable in any civil action taken in the course of carrying out his or her official duties and responsibilities as set forth in this chapter or the rules issued pursuant to this chapter.
(Apr. 9, 1997, D.C. Law 11-191, § 18, 43 DCR 4535.)
Prior Codifications
1981 Ed., § 32-367.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 4 - Health Services Planning › § 44–418. Moratorium on applications

§ 44–418. Moratorium on applications.
The SHPDA may impose a moratorium for up to 120 days on the issuance of certificates of need for any specific type of new institutional health service, if the SHPDA requires additional time to develop and adopt criteria and standards for a new institutional health service. A moratorium may not apply to a certificate of need application which is pending before the SHPDA at the time of the imposition of the moratorium. A particular institutional health services may not be the subject of a moratorium more than once within any 12-month period.
(Apr. 9, 1997, D.C. Law 11-191, § 19, 43 DCR 4535.)
Prior Codifications
1981 Ed., § 32-368.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 4 - Health Services Planning › § 44–419. Annual report

§ 44–419. Annual report.
The SHPDA shall prepare and publish annually a report on the status of health systems development in the District, including the health plan development and implementation program, the health data and information program, and the certificate of need program. The report shall include a listing of the certificate of need reviews completed by SHPDA since the last report, a general statement of the finding and decisions made in the course of reviews, and the status of pending reviews.
(Apr. 9, 1997, D.C. Law 11-191, § 20, 43 DCR 4535.)
Prior Codifications
1981 Ed., § 32-369.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 4 - Health Services Planning › § 44–420.01. Establishment of State Health Planning and Development Fund

§ 44–420.01. Establishment of State Health Planning and Development Fund.
(a) There is established as a nonlapsing, revolving fund in the Department of Health the State Health Planning and Development Fund (“SHPDA Fund”), to be administered by the Mayor as an agency fund as defined in § 47-373(2)(I), to which all fees, civil fines, and interest relating to the State Health Planning and Development Agency shall be deposited and credited.
(b) Revenues deposited into the SHPDA Fund shall not revert to the General Fund at the end of any fiscal year or at any other time but shall be continually available to the Department of Health for the uses and purposes set forth in subsection (c) of this section, subject to authorization by Congress in an appropriations act.
(c) Subject to the applicable laws relating to the appropriation of District funds, monies received by and deposited in the State Health Planning and Development Fund shall be for the sole use of the State Health Planning and Development Agency and from it shall be paid all salaries and all other expenses necessary in carrying out the duties of the SHPDA, except that annual user fees collected from hospitals pursuant to § 44-420 shall be used only for salaries and expenses necessary for carrying out the certificate of need responsibilities of the SHPDA. The Mayor shall be responsible for the deposit and expenditure of these monies.
(d) The Mayor shall submit to the Council, as a part of the annual budget, a requested appropriation for expenditures from the State Health Planning and Development Fund. The Mayor’s budget request shall be based on an estimated projection of the expenditures necessary to perform the administrative and regulatory functions of the State Health Planning and Development Agency.
(Apr. 9, 1997, D.C. Law 11-191, § 21a; as added Apr. 22, 2004, D.C. Law 15-149, § 2(i), 51 DCR 2802.)
Section References
This section is referenced in § 44-402.
Temporary Legislation
For temporary (225 day) addition of section, see § 2(h) of Health Services Planning and Development Temporary Amendment Act of 2003 (D.C. Law 15-19, June 21, 2003, law notification 50 DCR 5463).
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 4 - Health Services Planning › § 44–421. Rules

§ 44–421. Rules.
The SHPDA shall, in accordance with subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules within the 45-day period, the proposed rules shall be deemed approved.
(Apr. 9, 1997, D.C. Law 11-191, § 22, 43 DCR 4535.)
Prior Codifications
1981 Ed., § 32-371.
Section References
This section is referenced in § 44-404, § 44-407, § 44-408, § 44-409, and § 44-410.
Emergency Legislation
For temporary (90-day) addition of §§ 32-381.1 to 32-381.17 (1981 Ed.), see §§ 2902 to 2918 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90-day) authorization of applicability of §§ 32-381.1 to 32-381.17 (1981 Ed.), see § 2920 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
Resolutions
Resolution 16-650, the “Provision of Uncompensated Care Rules Approval Resolution of 2006”, was approved effective May 18, 2006.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 4 - Health Services Planning › § 44–422. Applicability. [Repealed]

§ 44–422. Applicability. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-191, § 22a; as added June 5, 2003, D.C. Law 14-307, § 2002(e), 49 DCR 11664; Mar. 25, 2009, D.C. Law 17-353, § 317, 56 DCR 1117.)
Cross References
Dangerous dogs, “locally assisted housing accommodation for the elderly or handicapped” defined, see § 8-2201.
Long-term care ombudsman program, records, permitted access, see § 7-703.02.
Emergency Legislation
For temporary (90 day) addition of this section, see § 2002(e) of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700).
For temporary (90 day) addition of this section, see § 2002(e) of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151).
For temporary (90 day) addition of this section, see § 2(h) of Health Services Planning and Development Emergency Amendment Act of 2003 (D.C. Act 15-49, March 28, 2003, 50 DCR 2943).
For temporary (90 day) addition of this section, see § 2(h) of Health Services Planning and Development Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-87, May 19, 2003, 50 DCR 4325).
For temporary (90 day) addition, see § 2(h) of Health Services Planning and Development Emergency Amendment Act of 2004 (D.C. Act 15-322, January 28, 2004, 51 DCR 1581).
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 4A - Health Care Facility Mammography Report › § 44–431. Definitions

§ 44–431. Definitions.
For the purposes of this chapter, the term:
(1) "Breast density classification" means the 4 levels of breast density identified in the Breast Imaging Reporting and Data System established by the American College of Radiology, which are:
(A) Class A, indicating fatty breast tissue;
(B) Class B, indicating scattered fibroglandular breast tissue;
(C) Class C, indicating heterogeneously dense breast tissue with fibrous and glandular tissue that are evenly distributed throughout the breast; and
(D) Class D, indicating extremely dense breast tissue.
(2) "Health care facility" means a hospital, maternity center, ambulatory surgical facility, or hospice, as defined in subchapter I of Chapter 5 of this title.
(Mar. 22, 2019, D.C. Law 22-261, § 101, 66 DCR 1373.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 4A - Health Care Facility Mammography Report › § 44–432. Health care facility mammography report

§ 44–432. Health care facility mammography report.
(a) Beginning January 1, 2019, a health care facility shall provide a patient receiving a mammography exam with a mammography report detailing the results of the mammography exam, including an identification of the patient's breast tissue classification.
(b) If a patient receives a class C or class D breast density classification, the mammography report prepared pursuant to subsection (a) of this section shall include the following notice:
"Your mammogram indicates that you have dense breast tissue. Dense breast tissue is relatively common and is not abnormal. Dense breast tissue can, however, make it more difficult to detect cancers in the breast by mammography because it can hide small abnormalities and may be associated with an increased risk for breast cancer. Accordingly, you may benefit from supplementary screening tests, which may include a breast ultrasound screening, or a breast MRI examination, or both, depending on your individual risk factors.
"This information is given to you to raise your awareness. Use this information to talk to your health care provider about your own risks for breast cancer. At that time, ask your health care provider if additional screening and/or tests may be useful based on your own risk.
"A report of your results was sent to your health care provider. You should contact your health care provider if you have any questions or concerns about this report.".
(Mar. 22, 2019, D.C. Law 22-261, § 102, 66 DCR 1373.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 5 - Health-Care and Community Residence Facility, Hospice and Home Care Licensure › Subchapter I - Licensure › § 44–503. Authority of Mayor

§ 44–503. Authority of Mayor.
(a) The Mayor shall:
(1) Ensure that licensing rules are consistent with certificate of need rules and that both are designed to facilitate the goals and objectives of the District of Columbia’s state health plan and certificate of need program; and
(2) Conduct an initial inventory of facilities to determine actual physical bed capacity and operating bed capacity.
(b) The Mayor shall have the authority to license bed capacity by specific, well-defined services. For hospitals, licensure by type of service shall be limited to the following categories: Medical/surgical; ICU/coronary care; OB/GYN; nursery; intermediate neonatal and neonatal intensive care; pediatrics; alcoholism/chemical dependency; rehabilitation; and psychiatric.
(Feb. 24, 1984, D.C. Law 5-48, § 4, 30 DCR 5778.)
Prior Codifications
1981 Ed., § 32-1303.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 5-48, the “Health Care and Community Residence License Act of 1983”, see Mayor’s Order 98-137, August 20, 1998 ( 45 DCR 6587).
Delegation of authority under Health-Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983, see Mayor’s Order 84-105, June 19, 1984.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 5 - Health-Care and Community Residence Facility, Hospice and Home Care Licensure › Subchapter I-A - Ambulatory Surgical Treatment Center Licensure › Part A - Purpose and Scope; Definitions › § 44–531.01. Purpose and scope

§ 44–531.01. Purpose and scope.
The purpose of this subchapter is to require licensure of all facilities, except as provided in § 44-531.02, in which surgical procedures are performed on persons who are not admitted as inpatients to a hospital, and to provide minimum standards for the establishment and maintenance of such facilities.
(Apr. 6, 1978, D.C. Law 2-66, § 102, 24 DCR 6836.)
Editor's Notes
This section was repealed by section 4 of D.C. Law 6-26; however, pursuant to section 6(b) of D.C. Law 6-26, the repeal will not apply until the Mayor issues rules for ambulatory surgical facilities. As of this date, the Mayor has not issued such rules.