Title 44 — Charitable and Curative Institutions.
28 chapters · 499 sections in this title.
D.C. Code § 44-401 Definitions
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(a) For the purposes of this chapter, the term: (1) “Acquiring of effective control” means: (A) Any transfer, assignment or other disposition of 50% or more of the stock, voting rights thereunder, ownership interest, or operating assets of a corporation or other entity which is a…
D.C. Code § 44-402 State Health Planning and Development Agency; establishment and responsibilities
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(a)(1) There is established, in the Commission on Public Health, a State Health Planning and Development Agency (“SHPDA”). (2) Revenues, not to exceed fees collected pursuant to § 44-420, shall be utilized to fund 4 staff positions to administer SHPDA (Project Review Division—Cer…
D.C. Code § 44-403 Statewide Health Coordinating Council; establishment and responsibilities
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(a) The SHPDA shall establish a Statewide Health Coordinating Council (“SHCC”), which shall consist of 15 members appointed by the Mayor, with the advice and consent of the Council of the District of Columbia. (b) The SHCC shall: (1) Assist the SHPDA in the development of the HSP…
D.C. Code § 44-404 Health systems plan; development, publication, updating, and implementation
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(a) The SHPDA, with the advice and recommendation of the SHCC, shall develop a proposed HSP, which shall be adopted in accordance with rules issued pursuant to § 44-421, to guide health policy in the District of Columbia. The HSP shall present data collected pursuant to § 44-405 …
D.C. Code § 44-405 Reporting, analysis, and publication of utilization, financial, and other health-related data; regulations, reporting periods, format, and forms
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(a) The SHPDA shall develop and maintain the Health Planning Data System (“HPDS”). In order to implement the HPDS, as necessary for the development of the HSP, the SHPDA shall require each health care facility to submit, in writing or other uniform media, data related to the util…
D.C. Code § 44-406 Certificate of need requirements
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(a) Except as provided in § 44-407, all persons proposing to offer or develop in the District a new institutional health service, or to obligate a capital expenditure to obtain an asset to be located in the District shall, prior to proceeding with that offering, development, or o…
D.C. Code § 44-407 Activities exempt from certificate of need review
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(a) HCFs and persons proposing projects exempted from certificate of need review must file with the SHPDA a letter of notice in accordance with rules promulgated pursuant to § 44-421. (b) The following projects are exempt from certificate of need review: (1) The upgrading, mainte…
D.C. Code § 44-408 Activities subject to expedited administrative certificate of need reviews
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(a) Proposals for major medical equipment and new institutional health services for which there is an explicit finding of need in the HSP shall be eligible for expedited administrative review without referral to the SHCC, in accordance with rules promulgated pursuant to § 44-421.…
D.C. Code § 44-409 Adoption of procedures and criteria for review by the SHPDA governing application and review
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(a) All applications for a certificate of need shall be reviewed by the SHPDA. (b) Existing procedures and criteria in effect on April 9, 1997, are valid insofar as they are not inconsistent with this chapter, until new rules of procedures and criteria are adopted. (c) In accorda…
D.C. Code § 44-410 Criteria for review and required findings
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(a) In order to grant a certificate of need, except for a certificate of need to decrease the bed capacity of a HCF, the SHPDA shall, upon review of an applicant, make a written finding that the proposed HCF, health service, major medical equipment, or capital expenditure meets t…
D.C. Code § 44-411 Duration, modification, sale, or transfer of a certificate of need
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(a) A certificate of need shall be effective for the period that the applicant states is necessary to complete the project for which the certificate of need is granted; except that no certificate of need shall be effective for more than 3 years from the original date of issuance.…
D.C. Code § 44-412 Reconsideration of review decisions
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(a) After a decision on an application for a new or renewal certificate of need is made by the SHPDA, the SHPDA shall notify the applicant, the SHCC, all previously appearing parties, and contiguous health planning agencies of the decision. The SHPDA shall give any person, for go…
D.C. Code § 44-413 Administrative appeal
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(a) Following reconsideration by the SHPDA, or if the SHPDA denies a request for consideration, or has not granted a request for reconsideration pursuant to § 44-412(a) within 30 days after the request for reconsideration, the final decision of the SHPDA on the application for a …
D.C. Code § 44-414 Judicial review of certificate of need decisions
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Any person who contests the final decision on an application for a certificate of need, or for exemption from certificate of need review under this chapter, after the exhaustion of all administrative remedies, is entitled to judicial review thereof upon filing in the District of …
D.C. Code § 44-415 Certificate of need mandatory condition precedent
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The issuance of a certificate of need, if required under this chapter, shall be a condition precedent to the issuance of any license, permit, and any other type of official approval, except zoning approval, by an agency or officer or employee of the District government which is n…
D.C. Code § 44-416 Violations and penalties for noncompliance
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(a) It shall be unlawful for any person to proceed with any project which under this chapter would require a certificate of need without applying for and obtaining a certificate of need. (b) The Office of [the] Attorney General for the District of Columbia may seek injunctive rel…
D.C. Code § 44-417 Immunity from civil liability
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No member of the SHCC or the SHPDA may be held personally liable in any civil action taken in the course of carrying out his or her official duties and responsibilities as set forth in this chapter or the rules issued pursuant to this chapter.
D.C. Code § 44-418 Moratorium on applications
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The SHPDA may impose a moratorium for up to 120 days on the issuance of certificates of need for any specific type of new institutional health service, if the SHPDA requires additional time to develop and adopt criteria and standards for a new institutional health service. A mora…
D.C. Code § 44-419 Annual report
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The SHPDA shall prepare and publish annually a report on the status of health systems development in the District, including the health plan development and implementation program, the health data and information program, and the certificate of need program. The report shall incl…
D.C. Code § 44-420 Fees
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(a) The SHPDA shall collect application fees from persons that request a certificate of need. The fee required for an application shall be the greater of 3% of the proposed capital expenditure or $5,000, with a maximum of $300,000. The SHPDA is authorized to establish a fee sched…
D.C. Code § 44-420.01 Establishment of State Health Planning and Development Fund
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(a) There is established as a nonlapsing, revolving fund in the Department of Health the State Health Planning and Development Fund (“SHPDA Fund”), to be administered by the Mayor as an agency fund as defined in § 47-373(2)(I), to which all fees, civil fines, and interest relatin…
D.C. Code § 44-421 Rules
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The SHPDA shall, in accordance with subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days o…
D.C. Code § 44-422 Applicability
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Repealed Repealed.