Regulation detail

22-A3814

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22-A3814 DETERMINATION ON APPLICATION FOR RENEWAL OF MHCRF LICENSE

Jurisdiction: DC Agency: DC Department of Behavioral Health (DBH) — Title 22-A; and DC Department of Health Care Finance (DHCF) — Title 29 Medicaid behavioral-health chapters
MH_RESIDENTIAL (100%)
Plain-English summary

This regulation governs the renewal process for Mental Health Community Residence Facility (MHCRF) licenses in the District of Columbia. The Director may issue regular renewal licenses (up to one year), provisional licenses (up to 90 days), or restricted licenses (up to 90 days) depending on the facility's compliance status and deficiency levels. Restricted licenses may limit a facility's ability to accept new residents or deliver certain services, and a license terminates if deficiencies remain unabated at the end of a restricted license period. Operators must correct cited deficiencies within required timeframes to maintain licensure.

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Regulation text
3814 DETERMINATION ON APPLICATION FOR RENEWAL OF MHCRF LICENSE
 
3814.1 The Director may issue a regular renewal license for a period not to exceed one (1) year to the Operator of a MHCRF that is in full compliance with this chapter and has no deficiencies.

3814.2 The Director may issue a regular renewal license for a period not to exceed one (1) year to an Operator of a MHCRF with minor deficiencies that can be corrected within thirty (30) days, or such other time period as the Director may require, and that is in substantial compliance with this chapter.

3814.3 The Director may issue a provisional license not to exceed ninety (90) days to the Operator of a MHCRF that is not in full compliance with this chapter provided that the MHCRF;
 
 (a) Is taking action to correct cited deficiencies;

(b) Is taking appropriate ameliorative action in accordance with the Department-approved timetable. A provisional license may not be renewed more than once. 
 
3814.4 The Director may issue a restricted license not to exceed ninety (90) days, pursuant to § 3815, when the MHCRF has numerous deficiencies or a single serious deficiency and the MHCRF has failed to correct the violation(s) or is not taking appropriate ameliorative actions to correct the violation(s). 

3814.5 The restricted license or accompanying notice shall specify the restriction or restrictions, which may include a prohibition against the facility accepting new residents or against delivering services that it would otherwise be authorized to deliver.

3814.6 At the end of the restricted license time period, the license for the facility shall terminate if the deficiencies remain unabated.

3814.7 The Director may deny an application for renewal of a MHCRF license for any of the reasons set forth in § 3816.1.

SOURCE: Final Rulemaking published at 65 DCR 1633 (February 16, 2018). 

District of Columbia Municipal Regulations

 Mental Health
22-A DCMR § 3814