Providers must notify the Department at least 90 days before closure (or immediately if closure is sooner) and submit a continuity of care plan covering referrals, record transfers, medications, and treatment information. The Department reviews and may require modifications to the plan to ensure a safe, orderly transition. Closure does not relieve providers of ongoing obligations to preserve and make available individual records in accordance with applicable law.
View official source8006 CLOSURES AND CONTINUITY OF CARE 8006.1 A provider shall provide written notification to the Department at least ninety (90) calendar days before its impending closure, or immediately upon knowledge of an impending closure less than ninety (90) calendar days in the future. This notification shall include plans for continuity of care and preservation of individuals’ records. 8006.2 The Department shall review the continuity of care plan and make recommendations to the provider. The plan must include provision for the referral and transfer of individuals, and for the provision of relevant treatment information, medications, and information to the new provider. The provider shall incorporate all Department recommendations necessary to ensure a safe and orderly transfer of care. 8006.3 Closure does not absolve a provider from its legal responsibilities regarding the preservation and the storage of individual records as described in § 8022 of this chapter and all applicable Federal and District laws and regulations. A provider must take all necessary and appropriate measures to ensure individuals’ records are preserved, maintained, and made available to the individuals upon request after closure of a program. 8006.4 A provider shall be responsible for the execution of its continuity of care plan in coordination with the Department. SOURCE: Final Rulemaking published at 68 DCR 1623 (February 5, 2021). District of Columbia Municipal Regulations Mental Health 22-A DCMR § 8006