District of Columbia Administrative Code

1202 PERSONS WITH SERIOUS MENTAL ILLNESS 1202.1 Persons with serious mental illness are individuals age 22 or over who currently have, or at any time during the prior year have had, a diagnosable mental, behavioral or emotional disorder (including those of biological etiology) th…

1299 DEFINITIONS "Basic daily living skills" - skills necessary to handle life activities, including but not limited to eating, bathing and dressing. "Capacity" - the ability to understand and appreciate the nature and consequences of the proposed treatment, including the benefit…

2200 GENERAL PROVISIONS 2200.1 These rules establish requirements for supported housing services provided by Core Services Agencies (CSAs) and the management of supported housing assistance programs by the Department of Mental Health (Department or DMH). The Department may furthe…

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2202 HOME FIRST SUBSIDY PROGRAM FOR MENTAL HEALTH CONSUMERS 2202.1 Sections 2202 through 2299 provide standards for implementing the Department’s Home First Subsidy Program and the Department’s housing wait list. The Home First Subsidy is a locally-funded rental voucher that is p…

2203 WAIVER OF RULES 2203.1 Upon determination of good cause, the Director may waive any provision under this chapter subject to the statutory limitations of other federal or District laws. SOURCE: Final Rulemaking published at 50 DCR 3175(April 25, 2003); as amended by Final Rul…

2204 ELIGIBILITY CRITERIA 2204.1 The following are the minimum eligibility requirements to apply for a Home First Subsidy through the Department: The individual is a consumer actively-engaged with a CSA or other DMH- certified provider; (b) The consumer is: (i) eighteen (18) year…

2205 APPLICATION PROCESS 2205.1 Each application for a Home First Subsidy shall be submitted in a format prescribed by the Department pursuant to these rules and the Department’s policies and procedures. 2205.2 Each applicant shall cooperate fully with the Department in establish…

2206 WAITING LIST 2206.1 When the Department has insufficient funds to issue new Home First Subsidies, the Department may maintain a waiting list for consumers. The Department may utilize the waiting list to manage referral of consumers to any available supported housing subsidy …

2207 PRIORITY POPULATIONS FOR SUPPORTED HOUSING SUBSIDIES 2207.1 The Department shall provide the following eligible consumers with priority placement for a Home First Subsidy: (a) Consumers pending discharge from Saint Elizabeths Hospital; (b) Consumers who are chronically homel…

2208 HOME FIRST SUBSIDY PROGRAM 2208.1 The Department may approve a Home First Subsidy in an amount equivalent to eighty percent (80%) of the 2011 Fair Market Rent Value calculated by the U.S. Department of Housing and Urban Development for the Metropolitan Washington D.C. area. …

2209 LANDLORD PARTICIPATION 2209.01 Each landlord who agrees to accept a Home First Subsidy on behalf of an eligible consumer shall sign a Subsidy Agreement with the Department. The Subsidy Agreement shall require that the landlord: (a) Comply with all applicable District laws an…

2210 RECERTIFICATION 2210.1 The Department or its designee shall recertify the eligibility status of each consumer receiving a Home First Subsidy at least annually, or whenever there is a change in the consumer’s eligibility status, including change in income. 2210.2 The annual r…

2211 CONSUMER PARTICIPATION 2211.1 Each applicant and eligible consumer may exercise rights granted pursuant to applicable District laws and regulations, including but not limited to the Department of Mental Health Consumers’ Rights Protection Act of 2001, effective December 18, …

2212 ELIGIBLE UNITS 2212.1 The Department may only provide a supported housing subsidy for units that comply with this section, and 14 DCMR, Chapters 3 - 9 as applicable. 2212.2 The following units shall not be eligible for a Home First Subsidy: Units that do not comply with 14 D…

2213 VOLUNTARY RELOCATION IF RECEIVING A HOME FIRST SUBSIDY 2213.1 To request relocation to another housing unit while receiving a Home First Subsidy, an eligible consumer shall submit a written request for relocation to his or her assigned CSA, other mental health provider, or D…

2214 TEMPORARY ABSENCES 2214.1 If an eligible consumer is absent from the unit for more than thirty (30) calendar days, he or she shall provide notification to the Department, CSA or other mental health provider as soon as possible, but no later than the thirtieth (30th) day of h…

2215 EVICTIONS AND LEASE TERMINATIONS BY LANDLORDS 2215.1 Landlords receiving a supported housing subsidy may only terminate a program participant’s tenancy in accordance with lease terms and applicable District law. 2215.2 The Department may terminate Home First Subsidy payments…

2216 TERMINATION OF ASSISTANCE 2216.1 If a consumer is receiving a supported housing subsidy other than a Home First Subsidy pursuant to this chapter, the program owner of the subsidy will determine when and under what circumstances a consumer’s subsidy assistance may be terminat…

2217 RIGHT TO REVIEW 2217.1 The Department may afford a consumer the opportunity to seek review of the Department’s decision to deny eligibility for a supported housing subsidy. 2217.2 A consumer may request a review within fifteen (15) business days of the Department’s denial of…

2218 RIGHT TO A HEARING IF RECEIVING A HOME FIRST SUBSIDY 2218.1 A consumer who is receiving a Home First Subsidy may request a hearing, meeting the requirements of the D.C. Administrative Procedure Act, from the Department within thirty (30) business days of receiving written no…

2299 DEFINITIONS 2299.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: “Actively Engaged” – a consumer is provided mental health rehabilitation services from a CSA or other DMH-certified mental health provider at least once every thir…

HEALTH HOME PROGRAM These rules establish the requirements and process for certifying a Mental Health Rehabilitation Services (MHRS) Core Services Agency (CSA) or a Freestanding Mental Health Clinic (FSMHC) as a Health Home provider in the District of Columbia. A Health Home is a…

2501 CERTIFICATION REQUIREMENTS 2501.1 No person or entity shall operate a Health Home unless certified in accordance with this chapter. 2501.2 The following minimum eligibility requirements shall apply to any FSMHC or CSA seeking certification as a Health Home: Current certifica…

2502 RECERTIFICATION REQUIREMENTS 2502.1 Recertification applications shall be processed in accordance with the requirements in Section 3401 of Chapter 34 and Section 2501 of this chapter. 2502.2 Subject to Subsection 2502.3, recertification is effective for a two (2)-year period…

2503 EXEMPTIONS FROM CERTIFICATION STANDARDS 2503.1 Upon good cause shown, the Department may, at its discretion, exempt a provider from a certification standard if the exemption does not jeopardize the health and safety of clients, infringe on client rights, or diminish the qual…

2504 HEALTH HOME SERVICES ELIGIBILITY 2504.1 To be eligible for Health Home services, a consumer shall: (a) Be eligible for Medicaid; Be diagnosed as having a serious and persistent mental illness; (c) Be enrolled in a CSA or FSMHC; and (d) Consent to be enrolled in a Health Home…

2505 HEALTH HOME SERVICES 2505.1 Health Home providers shall provide the following services to each Health Home enrollee in an individualized manner as determined by the consumer’s care plan: (a) Comprehensive Care Management; (b) Care Coordination; (c) Comprehensive Transitional…

2506 COMPREHENSIVE CARE MANAGEMENT 2506.1 One of the goals of the Health Home Program is to maintain and/or improve the health of their population through the delivery of appropriate services. Comprehensive Care Management requires Health Home teams to gather demographic and heal…

2507 CARE COORDINATION 2507.1 Care Coordination is the facilitation or implementation of the comprehensive care plan through appropriate linkages, referrals, coordination and follow-up to needed services and support. Care Coordination provides assistance with the identification o…

2508 COMPREHENSIVE TRANSITIONAL CARE 2508.1 Comprehensive Transitional Care includes the Health Home's efforts to reduce hospital emergency department and inpatient admissions, readmissions and length of stay through planned and coordinated transitions between health care provide…

2509 HEALTH PROMOTION 2509.1 Health Promotion service involves the provision and facilitation of health education to the individual (family member and or significant other) specific to his/her chronic illness. The service may also involve the use of data to identify and prioritiz…

2510 INDIVIDUAL AND FAMILY SUPPORT SERVICES 2510.1 Individual and family support services include the ways a Health Home supports the consumers and their support teams (including families and authorized representatives) in meeting the range of psychosocial needs and accessing res…

2511 REFERRAL TO COMMUNITY AND SOCIAL SUPPORT SERVICES 2511.1 Referral to Community and Social Support Services includes the provision of referrals to a wide array of support services that will help consumers overcome access or service barriers, increase self-management skills an…

2512 COMPREHENSIVE CARE PLAN 2512.1 A Comprehensive Care Plan (CCP) is the document that drives the delivery of all services. The CCP shall be the plan that collates all the consumer’s services and providers of service in order to reduce any instances of duplication of service, p…

2513 HEALTH HOME STAFFING REQUIREMENTS 2513.1 Health Homes shall have the following staff: (a) Health Home Director; (b) Nurse Care Manager(s); and (c) Primary Care Liaison. 2513.2 The Health Home Director shall be responsible for managing the CSA’s Health Home program. The Healt…

2514 [RESERVED] SOURCE: Final Rulemaking published at 63 DCR 849 (January 22, 2016); as amended by Final Rulemaking published at 66 DCR 5625 (May 3, 2019). District of Columbia Municipal Regulations Mental Health 22-A DCMR § 2515 AUTHORITY: DC-DCMR Sections 5113, 5115, 5117 and 5…

2515 HEALTH HOME REIMBURSEMENT 2515.1 The Department shall require all FSMHCs and CSAs certified as a Health Home provider to enter into a HCA with the Department. All payment for services shall be implemented through terms and conditions contained in the HCA and the D.C. Medicai…

2516 HEALTH HOMES RECORDS AND DOCUMENTATION REQUIREMENTS 2516.1 Each Health Home shall utilize the Department’s designated electronic health record for documenting and billing all Health Home services. 2516.2 Health Home providers shall maintain all Health Home consumer informati…

2599 DEFINITIONS 2599.1 When used in this chapter, the following words shall have the meanings ascribed: Behavioral Health Care – care that promotes the well-being of individuals by intervening and preventing incidents of mental illness, substance abuse, or other health concerns.…

300 PURPOSE AND APPLICATION 300.1 The purpose of these rules is to protect and enhance the rights and protections of consumers by establishing the specific procedure for response to and impartial resolution of grievances. 300.2 The rules in this Chapter are applicable to each men…

301 CONSUMER RIGHTS AND PROTECTIONS PROCEDURE 301.1 Each MH provider shall establish and adhere to a Consumer Rights Policy. The MH provider's Consumer Rights Policy must be approved by the MH provider's governing authority and DMH, and contain, at a minimum, the following: (a) A…

302 INDEPENDENT PEER ADVOCACY PROGRAMS 302.1 DMH shall facilitate and provide funding to establish one or more peer advocacy programs independent of all MH providers to assist consumers throughout the grievance process, including filing a grievance, accompanying consumers to meet…

303 CORE SERVICES AGENCY TRANSITIONAL PEER ADVOCACY PROGRAM 303.1 Within thirty (30) days from the effective date of these rules and until such time as DMH notifies MH Providers that an Independent Peer Advocacy Program has been established in accordance with § 302, each Core Ser…

304 GRIEVANCE PROCEDURE - GENERAL PROVISIONS 304.1 A grievance is the expression by any individual of his or her dissatisfaction with either DMH or a MH provider, including the denial or abuse of any consumer right or protection provided by applicable federal and District laws an…

305 FILING A GRIEVANCE 305.1 All consumers shall have the right to file a grievance with DMH. If a consumer's grievance involves a specific MH provider, DMH shall ensure that the MH provider has responded to the grievance in a timely manner, before initiating its prompt and impar…

306 MH PROVIDER GRIEVANCE PROCEDURE 306.1 Consumers with grievances concerning a MH provider from whom they are receiving services shall file the grievances with their provider. Consumers with grievances concerning rules, policies, or actions of employees that are the sole respon…

307 DMH REVIEW OF GRIEVANCES 307.1 The Mental Health Authority of DMH shall review grievances that concern: (a) The actions of employees of DMH in its capacity as Mental Health Authority for the District of Columbia; or (b) Rules or policies that are the sole responsibility of DM…

308 EXTERNAL REVIEW OF GRIEVANCES 308.1 DMH shall contract with one or more external reviewer(s) to provide timely, neutral, and impartial review of grievances that have not been resolved to the consumer's satisfaction. The Director or his or her designee shall select the externa…

309 DMH MONITORING AND REPORTING 309.1 DMH shall periodically review the implementation of the Consumer Rights Policy, including each MH Provider Grievance Procedure. 309.2 DMH shall ensure that grievances are tracked and that responsible parties carry out actions mandated or agr…