District of Columbia Administrative Code

4201 [RESERVED] SOURCE: Final Rulemaking published at 29 DCR 5569 (December 17, 1982), enacting Proposed Rulemaking published at 29 DCR 4742 (October 29, 1982); as amended by Final Rulemaking published at 61 DCR 1666 (February 28, 2014). District of Columbia Municipal Regulations…

4202 REVIEW PROCESS 4202.1 SHPDA shall begin a review at the beginning of one (1) of twelve (12) review cycles to be held each calendar year. 4202.2 The regular or expedited review cycles for an application shall be determined by the day on which the application is complete or de…

4203 SUBSTANTIAL MODIFICATION OF APPLICATION 4203.1 When an applicant proposes a substantial modification of a CON application the applicant may be required to withdraw the original application and submit a new application reflecting the modifications. 4203.2 The new application …

4204 MORATORIUM ON APPLICATIONS 4204.1 If SHPDA determines that it needs additional time to develop and adopt CON application review criteria and standards for specific types of facility or service, SHPDA may impose a moratorium on consideration of all applications for that speci…

4205 [REPEALED] SOURCE: Final Rulemaking published at 29 DCR 5569 (December 17, 1982), enacting Proposed Rulemaking published at 29 DCR 4742 (October 29, 1982); as amended by Final Rulemaking published at 61 DCR 1666 (February 28, 2014). District of Columbia Municipal Regulations…

4206 [REPEALED] SOURCE: Final Rulemaking published at 29 DCR 5569 (December 17, 1982), enacting Proposed Rulemaking published at 29 DCR 4742 (October 29, 1982); as amended by Final Rulemaking published at 61 DCR 1666 (February 28, 2014). District of Columbia Municipal Regulations…

4207 [REPEALED] SOURCE: Final Rulemaking published at 29 DCR 5569 (December 17, 1982), enacting Proposed Rulemaking published at 29 DCR 4742 (October 29, 1982); as amended by Final Rulemaking published at 61 DCR 1666 (February 28, 2014). District of Columbia Municipal Regulations…

4208 [REPEALED] SOURCE: Final Rulemaking published at 29 DCR 5569 (December 17, 1982), enacting Proposed Rulemaking published at 29 DCR 4742 (October 29, 1982); as amended by Final Rulemaking published at 61 DCR 1666 (February 28, 2014). District of Columbia Municipal Regulations…

4209 [REPEALED] SOURCE: Final Rulemaking published at 29 DCR 5569 (December 17, 1982), enacting Proposed Rulemaking published at 29 DCR 4742 (October 29, 1982); as amended by Final Rulemaking published at 61 DCR 1666 (February 28, 2014). District of Columbia Municipal Regulations…

4210 [REPEALED] SOURCE: Final Rulemaking published at 29 DCR 5569 (December 17, 1982), enacting Proposed Rulemaking published at 29 DCR 4742 (October 29, 1982); as amended by Final Rulemaking published at 61 DCR 1666 (February 28, 2014). District of Columbia Municipal Regulations…

4299 DEFINITIONS 4299.1 The provisions of § 4099 of Chapter 40 of this title, and the definitions set forth in that section, shall apply to this chapter. SOURCE: Final Rulemaking published at 29 DCR 5569 (December 17, 1982), enacting Proposed Rulemaking published at 29 DCR 4742 (…

4300 GENERAL PROVISIONS 4300.1 An application that SHPDA determines to be complete by the tenth (10th) day of any month shall be reviewed during the review that begins on or after the twentieth (20th) day of the same month. 4300.2 An application that SHPDA determines to be comple…

4301 REGULAR AND EXPEDITED REVIEWS 4301.1 SHPDA shall review each CON application by either a regular or an expedited process. 4301.2 Except as provided in Subsection 4301.3, the expedited review process shall be used for each application that proposes major medical equipment or …

4302 PUBLIC HEARINGS 4302.1 SHPDA may call a public hearing on its own initiative on an application during the first thirty (30) days of the CON application review period. 4302.2 SHPDA shall also call a public hearing at the request of an affected person. The request for public h…

4303 STATEWIDE HEALTH COORDINATING COUNCIL 4303.1 Unless SHPDA has determined that it cannot complete a regular review within ninety (90) days for a reason specified in § 4200 or the Applicant has requested postponement of the review, SHPDA shall forward to the members of the app…

4304 INSPECTION OF RECORDS 4304.1 Except as provided in Subsection 4304.3, a person may inspect a CON application and other information contained in SHPDA project files during regular business hours. 4304.2 A person may receive a copy of a document subject to inspection upon the …

4305 EX PARTE CONTACTS 4305.1 There shall be no ex parte contacts between: (a) A person acting on behalf of the applicant or a CON holder, or any person opposed to or in support of issuing or modifying a CON or in favor of withdrawing a CON; and (b) A person in SHPDA who exercise…

4306 CLOSING THE PROJECT RECORD 4306.1 The record for a decision on issuing or modifying a CON shall close at the end of the second (2nd) business day following the meeting of a Committee of the SHCC at which the Committee makes the initial recommendation on the application; prov…

4307 CONSIDERATIONS AND CRITERIA FOR REVIEW 4307.1 SHPDA and the SHCC, shall develop, adopt, and use general criteria and standards set forth in Section 4012 of this title and the specific considerations and criteria in this section to conduct a CON review. The applicant shall be…

4308 REVIEW DECISIONS 4308.1 The Director’s decision to approve, deny, modify, or revoke a CON shall be in writing and shall be based on the following: (a) The review conducted pursuant to the Act and rules promulgated pursuant to the Act; and (b) The record established in an adm…

4309 NOTIFICATION OF REVIEW DECISIONS 4309.1 The Director shall notify the applicant of a review decision by issuing a CON or notifying the applicant by regular mail of findings denying the CON application. 4309.2 The Director shall provide the notice required by this section no …

4310 RECONSIDERATION OF REVIEW DECISIONS 4310.1 An affected person may request reconsideration of the review decision within thirty (30) days after the date of decision. 4310.2 The Director shall grant a request for reconsideration and shall hold a public hearing, if good cause i…

4311 APPEAL OF REVIEW DECISIONS 4311.1 The Director’s finding regarding a showing of “good cause” and the final decision resulting from a reconsideration review may be further appealed to the Office of Administrative Hearings by any person directly affected, including the applica…

4312 APPLICATION FEES 4312.1 Notwithstanding any other provision of Chapters 40 through 45 of this title, SHPDA shall not accept an application for CON review until the applicant first pays a non-refundable application fee in the amount specified in D.C. Official Code § 44-420(a)…

4313 [REPEALED] SOURCE: Final Rulemaking published at 29 DCR 5569 (December 17, 1982), enacting Proposed Rulemaking published at 29 DCR 4742 (October 29, 1982); as amended by Final Rulemaking published at 61 DCR 1666 (February 28, 2014). District of Columbia Municipal Regulations…

4314 [REPEALED] SOURCE: Final Rulemaking published at 29 DCR 5569 (December 17, 1982), enacting Proposed Rulemaking published at 29 DCR 4742 (October 29, 1982); as amended by Final Rulemaking published at 61 DCR 1666 (February 28, 2014). District of Columbia Municipal Regulations…

4315 [REPEALED] SOURCE: Final Rulemaking published at 29 DCR 5569 (December 17, 1982), enacting Proposed Rulemaking published at 29 DCR 4742 (October 29, 1982); as amended by Final Rulemaking published at 61 DCR 1666 (February 28, 2014). District of Columbia Municipal Regulations…

4399 DEFINITIONS 4399.1 The provisions of § 4099 of Chapter 40 of this title, and the definitions set forth in that section, shall apply to this chapter. SOURCE: Final Rulemaking published at 29 DCR 5569 (December 17, 1982), enacting Proposed Rulemaking published at 29 DCR 4742 (…

4400 GENERAL PROVISIONS 4400.1 This chapter implements the requirements of the District of Columbia Health Services Planning Program Re-Establishment Act of 1996 (Act), effective April 9, 1997 (D.C. Law 11-191; D.C. Official Code § 44-401 et seq.), for the provision by health car…

4401 [RESERVED] SOURCE: Final Rulemaking published at 36 DCR 5819 (August 11, 1989); as amended by Final Rulemaking published at 52 DCR 8258 (September 2, 2005); as amended by Final Rulemaking published at 53 DCR 4808 (June 16, 2006). District of Columbia Municipal Regulations Pu…

4402 CERTIFICATE OF NEED HOLDER PARTICIPATION IN THIRD PARTY PAYER PROGRAMS 4402.1 Each CON holder may make arrangements, if eligible to do so, for reimbursement for services from: (a) Those principal District and state third party payers that provide reimbursement for services; …

4403 PROHIBITION OF EXCLUSIONARY ADMISSIONS POLICIES 4403.1 A CON holder shall be out of compliance with § 4400.4, if it uses an admissions practice that has the effect of excluding persons who are eligible for uncompensated care under § 4406. 4403.2 Prohibited admissions practic…

4404 UNCOMPENSATED CARE COMPLIANCE REQUIREMENTS 4404.1 Each CON holder shall provide uncompensated care pursuant to § 4400.2 to eligible persons. The uncompensated care to be provided shall be based upon these rules or contractual obligations between the health care provider and …

4405 NOTICE OF AVAILABILITY OF UNCOMPENSATED CARE 4405.1 Each CON holder shall publish, in a newspaper of general circulation within the District of Columbia, and submit to the Director before the beginning of the CON holder's fiscal year, a notice of its uncompensated care oblig…

4406 UNCOMPENSATED CARE ELIGIBILITY CRITERIA 4406.1 A person is eligible to receive uncompensated care if the person is unable to pay for health services and satisfies the following additional requirements: (a) Is not covered, or receives services that are not covered, under a th…

4407 [RESERVED] SOURCE: Final Rulemaking published at 36 DCR 5819 (August 11, 1989); as amended by Final Rulemaking published at 52 DCR 8258 (September 2, 2005); as amended by Final Rulemaking published at 53 DCR 4808 (June 16, 2006). District of Columbia Municipal Regulations Pu…

4408 WRITTEN DETERMINATION OF ELIGIBILITY FOR UNCOMPENSATED CARE 4408.1 Each CON holder shall give written notice of its determination of eligibility for uncompensated care in response to each request for uncompensated care to the person requesting care. The CON holder shall give…

4409 [RESERVED] SOURCE: Final Rulemaking published at 36 DCR 5819 (August 11, 1989); as amended by Final Rulemaking published at 52 DCR 8258 (September 2, 2005); as amended by Final Rulemaking published at 53 DCR 4808 (June 16, 2006). District of Columbia Municipal Regulations Pu…

4410 UNCOMPENSATED CARE REPORTING REQUIREMENTS 4410.1 Each CON holder shall submit an annual report to the SHPDA on uncompensated care. The report shall be on a schedule prescribed by the SHPDA. The report shall be submitted within one hundred and twenty (120) days after the clos…

4411 UNCOMPENSATED CARE RECORDS MAINTENANCE REQUIREMENTS 4411.1 Each CON holder shall maintain and provide to the Director, upon request, any records necessary to document the CON holder's compliance with the requirements of this chapter. Each CON holder shall make available for …

4412 INVESTIGATION AND CERTIFICATION OF COMPLIANCE 4412.1 Any person may file a complaint with the Director that a CON holder is not complying with the requirements of this chapter. 4412.2 Each complaint shall include the following information: (a) The name and address of the com…

4413 UNCOMPENSATED CARE ENFORCEMENT 4413.1 If the Director finds, based on an investigation, review, or audit under § 4412, that a CON holder has not complied with the requirements of this chapter, the Director may take any action authorized by law to secure compliance, including…

4414 [RESERVED] SOURCE: Final Rulemaking published at 36 DCR 5819 (August 11, 1989); as amended by Final Rulemaking published at 52 DCR 8258 (September 2, 2005); as amended by Final Rulemaking published at 53 DCR 4808 (June 16, 2006). District of Columbia Municipal Regulations Pu…

4499 DEFINITIONS 4499.1 The provisions of § 4099 of Chapter 40 of this title and the definitions set forth in that section shall apply to this chapter. 4499.2 When used in this chapter, the following terms and phrases shall have the meaning ascribed below: Act - the Health Servic…

4500 REPORTS 4500.1 Pursuant to D.C. Official Code §44-405(b), a HCF or a person holding a CON under the Act shall submit to SHPDA periodic data reports related to the development of proposals subject to CON review. 4500.2 The requirements of this chapter may be supplemented, fro…

4501 DATA REPORTING 4501.1 An HCF subject to the requirements of Subsection 4500.1 shall submit to SHPDA, or to a data processing agent specified by SHPDA, the data described in this chapter, or other similar data that SHPDA may request. 4501.2 A person or entity required to file…

4502 REPORT CATEGORIES 4502.1 A report submitted pursuant to Sections 4506 and 4507 of this chapter shall use the following age categories: (a) Eighteen (18) years of age and younger; and (b) Over (18) years. 4502.2 A report that requires listing a patient’s residence under Secti…

4503 FINANCIAL REPORTS 4503.1 An HCF or health service shall submit to SHPDA, not later than one-hundred and twenty (120) days following the end of the fiscal year being reported upon, a copy of its audited financial report. 4503.2 The audited financial report and supplemental da…

4504 ANNUAL REPORTS 4504.1 A hospital of any type, unless specifically exempted by SHPDA, shall provide annually, the data required in Subsection 4504.2 for each of the following services: (a) Total medical-surgical services (including intensive care beds, and cardiac care servic…

4505 ANNUAL DISCHARGE DATA REPORTS 4505.1 Each hospital, unless specifically exempted by SHPDA, shall provide annually, in a form, format, and medium designated by SHPDA, a hospital discharge data set including the following information for each patient: (a) Age; (b) Sex; (c) Rac…