Title 44, Charitable and Curative Institutions.

If a contract between an insurer and a health care provider is terminated by either party for any reason other than termination for failure to meet applicable quality standards of care or fraud, and a member is undergoing a course of treatment from the physician at the time of th…

(a) Within 120 days of April 27, 1999, the Director shall promulgate any regulations and standards as may be necessary to carry out the purposes of this chapter. (b) Health benefits plans and insurers subject to this chapter shall comply with the regulations promulgated pursuant …

(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…

(a)(1) There is established, in the Department, under the direction and control of the Director of the Department, the State Health Planning and Development Agency. (2) Revenues, not to exceed fees collected pursuant to § 44-420, shall be utilized to fund 4 staff positions to adm…

(a) The SHPDA shall establish a Statewide Health Coordinating Council (“SHCC”), which shall consist of 9 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;…

(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 …

(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…

(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…

(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…

(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.…

(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…

(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…

(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. If the applicant is making good faith efforts to meet the schedule, the SHPDA shall extend the certificate of n…

(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…

(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 …

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 …

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…

(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…

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.

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…

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…

(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…

(a) There is established as a special fund the State Health Planning and Development Agency Fund ("SHPDA Fund"), which shall be administered by the Mayor in accordance with this section. All fees and civil fines relating to the SHPDA shall be deposited in the SHPDA Fund. (b) Repe…

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…

For the purposes of this chapter, the term: (a)(1) "Breast density classification" means the 4 levels of breast density identified in the Breast Imaging Reporting and Data System established by the American College of Radiology, which are: (A) Class A, indicating fatty breast tis…

(a) Beginning January 1, 2019, a health care facility shall provide a patient receiving a mammography exam with a mammography report detailing the results of the mammography exam, including an identification of the patient's breast tissue classification. (b) If a patient receives…

(a) For the purposes of this subchapter the term: (1) "Ambulatory surgery" means a surgical procedure performed in an ambulatory surgical facility requiring a period of post-operative observation of less than 24 hours and not requiring admission to a hospital following the proced…

(a) Except as provided in subsections (b), (c), and (d) of this section, it shall be unlawful to operate a facility or agency in the District of Columbia, whether public or private, for profit or not for profit, without being licensed by the Mayor. (b) This subchapter shall not a…

(a) The Director of the Department of Health ("Department") shall create a registration process for the following entities: (1) A private office facility, clinic, or other establishment with no operating room where a health professional or group of health professionals provide pr…

(a) The Mayor shall: (1) Ensure that licensing rules are consistent with certificate of need rules and that both are designed to facilitate the goals and objectives of the District of Columbia’s state health plan and certificate of need program; and (2) Conduct an initial invento…

(a) The Mayor shall issue rules, consistent with other provisions of this chapter and pursuant to subchapter I of Chapter 5 of Title 2, establishing: (1) License fees for private facilities and agencies reasonably calculated to reflect a facility’s or agency’s respective share of…

(a) To ensure that each new facility and agency will be in compliance with the provisions of this subchapter, rules adopted pursuant to this subchapter, and all other applicable laws and rules, the Mayor shall conduct an on-site inspection prior to a facility’s or agency’s initia…

(a) As an alternative to denial, nonrenewal, suspension, or revocation of a license when a facility or agency has numerous deficiencies or a serious single deficiency with respect to the standards to be established under § 44-504(a)(3), the Mayor may: (1) Issue a provisional lice…

(a) The accordance and delineation of clinical privileges shall be determined on an individual basis and commensurate with an applicant’s education, training, experience, and demonstrated current competence. In implementing these criteria, each facility and agency shall formulate…

(a)(1) A health professional shall submit a report notifying the board, commission, or authority responsible for licensing, registering, or certifying the health professional within 10 business days after: (A) The health professional obtains knowledge that a health care licensing…

(a) Any person who intentionally impedes a District of Columbia official or employee in the performance of his or her authorized duties under this subchapter, or any rule issued pursuant to this subchapter, shall be subject to a fine not exceeding $1,000 per day of violation, imp…

The purpose of this subchapter is to require licensure of all facilities, except as provided in § 44-531.02, in which surgical procedures are performed on persons who are not admitted as inpatients to a hospital, and to provide minimum standards for the establishment and maintena…

(a) For the purposes of this subchapter: (1)(A) "Ambulatory Surgical Treatment Center" means any institution, place or building devoted primarily to the maintenance and operation of facilities for the performance of surgical procedures on an outpatient basis including facilities …

No person shall operate an Ambulatory Surgical Treatment Center without having in effect a license issued by the Mayor in accordance with this subchapter. Such license shall be renewed annually and posted conspicuously within the premises of the facility. The annual fee for the l…

(a) Application for license to operate a center shall be made to the Mayor on forms furnished by him and shall include, but not be limited to, the following information: (1) The name and address of the facility; (2) The names and addresses of the owners of the facility. If the ow…

Each applicant for a surgical center license shall, as a condition to the issuance of such license, submit evidence satisfactory to the Mayor of liability insurance coverage of no less than $100,000 per occurrence and $300,000 in the aggregate.

(a) The Mayor may refuse to issue, or to renew, or may revoke or suspend, the license of a center for any of the following reasons: (1) Violation of any provision of this subchapter; (2) Knowingly furnishing false or misleading information to the Mayor, or failure to furnish info…

When the Mayor determines that there are grounds for denial, suspension or revocation of a license under this subchapter, the Mayor shall serve upon the applicant or licensee a written notice of the proposed action, informing the applicant or licensee of his right to request, wit…

(a) Each surgical center shall have a governing board formally organized in accordance with written by-laws. Such by-laws shall establish procedures for the appointment of the center administrator and medical director, for the admission of physicians to practice at the center, fo…

Responsibility for operation of the center shall rest with the center administrator, except that direct patient care shall be the responsibility of the medical director. The administrator may not also serve as medical director.

Each center shall have an administrator and a medical director. The director must be a physician licensed to practice the healing art in the District of Columbia. There shall be sufficient professional staff to perform services for which the center is licensed in conformity with …