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22-A3824

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22-A3824 RESIDENCY CONTRACT BETWEEN MHCRF AND RESIDENT FOR ROOM, BOARD, AND CARE

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 requires Mental Health Community Residential Facilities (MHCRFs) in DC to execute a written residency contract with each resident prior to admission, covering monthly fees, included and excluded services, eviction/discharge protections, and resident obligations. Contracts must be re-signed whenever fees or services change, and must be retained for at least five years post-discharge and made available for inspection by the Director.

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Regulation text
3824 RESIDENCY CONTRACT BETWEEN MHCRF AND RESIDENT FOR ROOM, BOARD, AND CARE 

3824.1 Prior to admission, the MHCRF shall give the resident and the resident’s representative, if any, a written residency contract for room, board, and care which shall be signed by the Operator or authorized Residence Director and by the resident. An individual holding an appropriate power of attorney or a court-appointed legal guardian or conservator with authority to handle the resident’s financial affairs may sign on behalf of the resident as necessary. 

3824.2 The residency contract shall set forth, at a minimum, the following information and requirements:

(a) The monthly fee payable by the resident;

(b) The care and services covered by the monthly fee; 

(c) Any care and services not covered by the monthly fee and the specific charges for all non-covered services; 

(d) Protections that address eviction processes and appeals including the Operator’s obligation to provide notice of relocations, transfers, and discharges in accordance with § 3861 of this chapter; 

(e) Resident obligations upon vacating the premises and upon discharge; 

(f) The residents’ right to reasonably furnish and decorate their rooms. 

3824.3 A new residency contract for room, care, and board shall be signed by the parties each time there is a change in the monthly fee payable by the resident or a change in services provided by the MHCRF. Any change to the monthly fee payable by the resident shall comply with § 3838.

3824.4 Residency contracts for each resident shall be maintained at the MHCRF for no fewer than five (5) years from date of the resident’s discharge and shall be available for inspection by the Director. 

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

District of Columbia Municipal Regulations

 Mental Health
22-A DCMR § 3824