District of Columbia Administrative Code

3806 INSPECTION FOR INITIAL LICENSURE 3806.1 Prior to initial licensure of a MHCRF, the Director shall conduct an on-site inspection to determine compliance with this chapter. The Director shall send a written Statement of Deficiencies identified as a result of the on-site inspec…

3807 DENIAL OF INITIAL LICENSURE 3807.1 The Director shall deny an initial MHCRF license for a new MHCRF if the MHCRF is not in compliance with this chapter, the Applicant provided false or misleading information during the application process, or the Applicant has failed to comp…

3808 NINETY-DAY PROVISIONAL LICENSE FOR NEWLY LICENSED FACILITIES: ISSUANCE, RENEWAL, AND ACTION UPON EXPIRATION 3808.1 All Applicants approved by the Director for a new MHCRF license shall receive a ninety (90) day provisional license. 3808.2 The Director shall conduct at least …

3809 RE-APPLICATION AFTER LICENSE DENIAL, NON-RENEWAL, OR REVOCATION 3809.1 Except as provided in § 3809.2, an Applicant may not reapply for licensure for ninety (90) days following the Department’s denial of a license. 3809.2 An Applicant may not reapply for licensure for three …

3810 GENERAL MHCRF OPERATIONAL RESPONSIBILITIES 3810.1 The MHCRF shall not willfully fail or refuse to comply with a statute or regulation governing MHCRFs. 3810.2 The MHCRF shall cooperate with inspections by the Director or other District government officials conducted pursuant…

3811 DEPARTMENTAL OVERSIGHT AND INVESTIGATIONS 3811.1 Any person may file a complaint with the Director alleging violations of the requirements of this chapter, and the Director may conduct unannounced investigations and inspections to determine the validity of the complaint. 381…

3812 APPROVAL OF VARIANCES 3812.1 The Director may grant a variance from any of the requirements of this chapter, if the Applicant or Licensee can show undue hardship and the variance: (a) Is consistent with the provisions of the Licensure Act; (b) Will not endanger the health or…

3813 RENEWAL OF LICENSE 3813.1 An Operator shall submit an application for license renewal to the Director, together with the fee required by § 3802, no later than ninety (90) days before the expiration date of the current license. The application shall meet the requirements of §…

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 …

3815 SUMMARY SUSPENSION AND LICENSURE CONVERSION HEARINGS 3815.1 The Director may, prior to a hearing: Suspend the license of an MHCRF if the Director determines that existing deficiencies constitute an immediate or serious and continuing danger to the health, safety, or welfare …

3816 LICENSE SUSPENSION, LICENSE REVOCATION, AND DENIAL OF RENEWAL LICENSE 3816.1 The Director may suspend, revoke, or deny renewal of the license of a facility issued pursuant to this chapter for any of the following reasons: (a) Violation of the Licensure Act or any other appli…

3817 SERVICE OF NOTICE 3817.1 Any formal notice issued by the Director, including any notice or order to deny, suspend, convert, deny renewal of or to revoke a license, and any notice of appeal rights or notice of a hearing shall be served: (a) By personal service; or (b) Electro…

3818 CONDUCT OF HEARINGS 3818.1 Hearings required by § 3815 and § 3816 shall be conducted in the manner required for contested cases pursuant to the District of Columbia Administrative Procedure Act, and shall be open to the public. 3818.2 Hearings shall be held before an ALJ of …

3822 INSURANCE 3822.1 Each MHCRF shall carry the following types of insurance in at least the following amounts: Hazards (fire and extended coverage) or resident personal effects coverage in the amount of at least five hundred dollars ($500) per resident to protect resident belon…

3823 RESIDENT’S RIGHTS AND RESPONSIBILITIES 3823.1 As a community-based residential facility, MHCRFs shall optimize resident initiative, autonomy, and independence in making individual life choices, including but not limited to daily activities, physical environment, and personal…

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 aut…

3825 GENERAL ELIGIBILITY AND ADMISSION REQUIREMENTS 3825.1 A MHCRF shall admit and retain only those persons with a principal diagnosis of mental illness: For whom the MHCRF can safely and adequately provide care; and Who require the level of care and supervision available at the…

3826 ENVIRONMENTAL REQUIREMENTS 3826.1 No MHCRF shall use a name on the exterior of the building or display any logo that distinguishes the MHCRF from any other residence in the neighborhood. 3826.2 The MHCRF shall properly maintain the outside and yard areas of the premises in a…

3827 STRUCTURAL AND MAINTENANCE REQUIREMENTS 3827.1 A MHCRF may be located in a single or multi-family dwelling. 3827.2 All MHCRF repairs and construction shall be done in a workmanlike manner and comply with local code requirements. Major repairs shall be performed by licensed a…

3828 LIGHTING AND VENTILATION 3828.1 Each room in a MHCRF shall have adequate lighting, and each bedroom shall have sufficient light for reading. 3828.2 Each bathroom and hallway shall contain a nightlight, and nightlights shall be offered to residents for use in their sleeping r…

3829 PLUMBING AND WATER SUPPLY 3829.1 Each MHCRF shall ensure that its water supply and distribution system, including all plumbing and water heating facilities, conform to applicable requirements of the D.C. Construction Codes, including the D.C. Property Maintenance Code and th…

3830 HEAT AND AIR CONDITIONING 3830.1 Each MHCRF shall have a heating and cooling system that meets the standards of, and is installed and maintained in compliance with this section, the D.C. Construction Codes, including the D.C. Property Maintenance Code, the D.C. Housing Code …

3831 BEDROOMS 3831.1 Each bedroom shall comply with the space and occupancy requirements for habitable rooms in the D.C. Property Maintenance Code and § 402 of the Housing Code (14 DCMR § 402), and shall require at a minimum: If used for sleeping by only one (1) occupant, at leas…

3832 BATHING AND TOILET FACILITIES 3832.1 Each MHCRF shall provide one (1) or more bathrooms for residents that are equipped with the following fixtures that are properly installed and maintained in good working condition: (a) Toilet (water closet); (b) Sink (lavatory); (c) Showe…

3833 FIRE SAFETY 3833.1 Each MHCRF shall comply with all applicable provisions of the D.C. Fire Code and the Fire Safety Provisions of the D.C. Property Maintenance Code (Chapter 7). 3833.2 Each MHCRF shall obtain an annual inspection of the facility by FEMSD, which shall determi…

3834 DIETARY SERVICES 3834.1 Each MHCRF shall apply generally accepted principles of nutrition and food management to menu planning, food preparation and handling, kitchen maintenance, and service for residents of the facility. 3834.2 Each MHCRF shall have at least one (1) staff …

3835 THERAPEUTIC DIETS 3835.1 Each MHCRF with a resident who has been prescribed a special or therapeutic diet shall ensure that the resident’s meals are planned, prepared, and served as prescribed by the attending physician, nutritionist, or other health care practitioner. 3835.…

3836 HOUSEKEEPING AND LAUNDRY SERVICES 3836.1 Each MHCRF shall be equipped with a washing machine and dryer in good condition in a safe, clean, and convenient location within the facility. The MHCRF shall provide adequate facilities and sufficient laundry detergent and other laun…

3837 PERSONAL PROPERTY OF RESIDENTS 3837.1 This section shall apply to the personal property of residents, except for personal funds which are subject to § 3838. 3837.2 Each MHCRF shall permit each resident to bring reasonable personal possessions, including clothing, personal ar…

3838 FINANCES OF RESIDENTS 3838.1 Except as provided in § 3838.09, no MHCRF shall increase the fee for room, care, and board in a MHCRF more often than once a year, unless: The increase is justified in writing; The increase is caused by an unusual escalation in the expenses of th…

3839 MEDICATION 3839.1 When a resident is admitted, and for as long as the resident resides in the facility, the MHCRF shall maintain current doctor’s orders for every medication the resident is taking, plus a list of each known allergy and each prescribed controlled substance. T…

3840 MEDICAL SERVICES 3840.1 Each resident shall have the right to choose his or her own medical and dental care, and shall provide for it at his or her own expense or under relevant provisions of the Social Security Act. Alternatively, each eligible resident may seek medical or …

3841 RESIDENT ACTIVITIES 3841.1 Each MHCRF shall encourage and arrange for suitable activities for each resident to stimulate the resident, promote his or her well-being, encourage independence, and maintain normal activity and an optimal level of functioning in coordination with…

3842 ASSISTING RESIDENTS TO RECEIVE MENTAL HEALTH SERVICES 3842.1 If a resident is not already enrolled with a Department-certified Core Services Agency or other provider of mental health services, the MHCRF shall encourage and assist the resident in enrolling with a CSA or other…

3843 SERVICE COORDINATION WITH CORE SERVICES AGENCY OR OTHER PROVIDER OF MENTAL HEALTH SERVICES AND MHCRF SERVICE COORDINATION PLAN 3843.1 Each MHCRF shall maintain regular contact with the CSA’s designated staff member to determine whether the resident’s needs are being met and …

3844 INDIVIDUAL RECOVERY PLAN 3844.1 Each MHCRF shall participate in the development of an Individual Recovery Plan for each resident enrolled with a CSA and shall maintain a copy of the current IRP in the resident’s record. 3844.2 The MHCRF shall describe to the CSA treatment te…

3845 RESTRAINTS AND SECLUSION 3845.1 No restraints or seclusion shall be used in a MHCRF. 3845.2 No resident shall be confined in a locked room. 3845.3 No resident shall be locked in or out of the facility. 3845.4 No resident shall be locked in or out of his or her bedroom at any…

3846 RESIDENT RECORDS 3846.1 Each MHCRF shall maintain a permanent record on each resident in a secure location at the MHCRF for as long as the resident remains at the MHCRF, and shall retain it for at least three (3) years after the resident’s discharge or death. The permanent r…

3847 CONFIDENTIALITY OF RECORDS 3847.1 Each resident’s record and any record maintained by the MHCRF that has information identifying a resident shall be confidential and maintained in a secure location at the MHCRF. 3847.2 Disclosure and re-disclosure of information pertaining t…

3848 MAJOR UNUSUAL INCIDENTS AND UNUSUAL INCIDENTS 3848.1 The Operator, Residence Director, or staff member who witnesses or discovers a Major Unusual Incident (MUI) shall orally notify the Department and the resident’s representatives, if any, immediately. MUIs include death, se…

3849 RESIDENT STATUS PROCEDURES 3849.1 Each MHCRF shall provide a resident roster to DBH as admissions occur after initial licensure until at full capacity, whenever there is a new admission or change in residents within the facility, and at the time of application for annual lic…

3850 MINIMUM QUALIFICATIONS FOR PERSONS WORKING IN MHCRF 3850.1 Every Residence Director and staff person employed by the MHCRF shall meet the following requirements prior to commencing work at the facility and maintain compliance with these requirements: (a) Be at least eighteen…

3851 ADDITIONAL QUALIFICATIONS APPLICABLE TO MHCRF OPERATORS AND RESIDENCE DIRECTORS 3851.1 In addition to meeting the requirements of § 3850.1 for staff, the Operator and Residence Director shall: Have at least two (2) years of experience in human services including one (1) year…

3852 MINIMUM STAFFING REQUIREMENTS 3852.1 Each MHCRF shall ensure that: (a) Every person who provides direct services to residents at the MHCRF or who regularly visits the MHCRF is properly screened to ensure he or she meets the requirements of § 3850 and that all credentials are…

3853 RESPONSIBILITIES OF OPERATORS AND RESIDENCE DIRECTORS 3853.1 In addition to meeting the requirements of § 3852 and other requirements set forth in this chapter, each Operator and Residence Director shall be responsible for: (a) Supervising the day-to-day management and opera…

3854 PERSONNEL RECORDS 3854.1 Each MHCRF shall have written personnel policies, which shall be made available to the Department and to each staff member and shall include the following: The hours of work, policies regarding on duty requirements, compensation time, night-time duti…

3855 FINANCIAL RECORDS 3855.1 Each MHCRF shall maintain all financial records related to the building where the MHCRF is located and the MHCRF business as provided in this section. 3855.2 Each MHCRF shall immediately submit or make available mortgage, rent, utilities, tax and ins…

3856 PAYMENT OF DISTRICT FUNDS 3856.1 No District of Columbia funds for room and board shall be paid to any MHCRF or to any person residing in a MHCRF for his or her maintenance in that facility unless the MHCRF is licensed pursuant to this chapter. 3856.2 No person shall be refe…

3857 SUPPORTED RESIDENCE 3857.1 A Supported Residence (SR) shall meet the minimum requirements for a home-like living environment, staffing, and resident care set forth in §§ 3800, 3850 and 3852. 3857.2 An SR shall be appropriate for a maximum of eight (8) adults with a principal…

3858 SUPPORTED REHABILITATIVE RESIDENCE 3858.1 A Supported Rehabilitative Residence (SRR) shall provide on-site rehabilitative services in addition to meeting the minimum MHCRF requirements for a home-like environment, staffing, and resident care set forth in §§ 3800, 3850 and 38…