Section 16-3608. HOME CARE AGENCY INFRACTIONS

 

3608.1Violation of any of the following provisions shall be a Class 1 infraction:

 

(a)22 DCMR § 3900.2 (operating a home care agency without a license);

 

(b)22 DCMR § 3900.3 (failure of existing agency to apply for licensure within time specified).

 

3608.2Violation of any of the following provisions shall be a Class 2 infraction:

 

(a)22 DCMR § 3900.4 (failure to provide at least one required service);

 

(b)22 DCMR § 3900.5 (failure to maintain an operating office within the District of Columbia and to staff that office at least 8 hours per day, Monday through Friday);

 

(c)22 DCMR § 3900.6 (failure to maintain required records within District of Columbia office or to produce records for inspection as specified);

 

(d)22 DCMR § 3900.8 (failure to comply with other applicable federal and District laws and rules);

 

(e)22 DCMR § 3901 (failure to comply with insurance requirements);

 

(f)22 DCMR § 3904 (failure to have a qualified Director or failure of Director to carry out responsibilities);

 

(g)22 DCMR § 3907.8 (knowingly permitting an employee under the influence of drugs or alcohol or carrying a communicable disease to provide home care services);

 

(h)22 DCMR § 3907.9 (failure to ensure that an employee is properly licensed, certified, or registered to provide services);

 

(i)22 DCMR § 3908.3 (failure to properly evaluate a request for home care services);

 

(j)22 DCMR § 3914.1 (failure to develop a patient plan of care);

 

(k)22 DCMR § 3914.2 (failure to obtain physician approval of patient plan of care);

 

(l)22 DCMR § 3916.1 (failure to periodically review, evaluate, and report to physician on skilled care services);

 

(m)22 DCMR § 3916.3 (failure to provide skilled services in accordance with plan of care);

 

(n)22 DCMR § 3917 (failure to comply with requirements concerning skilled nursing services);

 

(o)22 DCMR § 3918 (failure to comply with requirements concerning psychiatric nursing services);

 

(p)22 DCMR § 3919 (failure to comply with requirements concerning monitoring services);

 

(q)22 DCMR § 3920, except § 3920.5 (failure to comply with requirements concerning intravenous therapy services); or

 

(r)22 DCMR § 3924 (failure to comply with requirements concerning restrictions on service to patients requiring special care).

 

3608.3Violation of any of the following provisions shall be a Class 3 infraction:

 

(a)22 DCMR § 3903 (failure to establish a governing body or failure of governing body to comply with specified requirements);

 

(b)22 DCMR § 3905 (failure to develop, implement, and make available policies and procedures);

 

(c)22 DCMR § 3906 (failure to comply with requirements concerning contractor agreements);

 

(d)22 DCMR § 3907.2 (failure to maintain accurate and complete personnel records);

 

(e)22 DCMR § 3907.4 (failure to maintain personnel records within District of Columbia office or to produce records for inspection as specified);

 

(f)22 DCMR § 3907.6 (failure to verify that new employee has been screened for and is free of communicable disease);

 

(g)22 DCMR § 3907.7 (failure to ensure that employee is screened for and certified free of communicable disease annually);

 

(h)22 DCMR § 3907.10 (failure to document professional qualifications of employee or care provider);

 

(i)22 DCMR § 3908.3 (failure to comply with requirements concerning admission policies, procedures and recordkeeping);

 

(j)22 DCMR § 3909 (failure to comply with requirements concerning discharge, transfer or referral);

 

(k)22 DCMR § 3910 (failure to comply with requirements concerning records retention and disposal);

 

(l)22 DCMR § 3911 (failure to comply with requirements concerning clinical records);

 

(m)22 DCMR § 3914, except § 3914.1 and § 3914.2 (failure to comply with requirements concerning content of patient plan of care);

 

(n)22 DCMR § 3915 (failure to comply with requirements concerning home health aide and personal care aide services);

 

(o)22 DCMR § 3916.2 (failure to develop and implement policies for documentation of coordination of skilled services);

 

(p)22 DCMR § 3920.5 (failure to comply with policies and procedures requirements for intravenous therapy);

 

(q)22 DCMR § 3921 (failure to comply with requirements concerning nutritional support services);

 

(r)22 DCMR § 3922 (failure to comply with requirements concerning occupational therapy services);

 

(s)22 DCMR § 3923 (failure to comply with requirements concerning physical therapy services);

 

(t)22 DCMR § 3925 (failure to comply with requirements concerning speech language pathology services); or

 

(u)22 DCMR § 3926 (failure to comply with requirements concerning social services).

 

3608.4Violation of any of the following provisions shall be a Class 4 infraction:

 

(a)22 DCMR § 3900.7 (failure to post license conspicuously);

 

(b)22 DCMR § 3907.1 (failure to have and make available written personnel policies as specified);

 

(c)22 DCMR § 3907.5 (failure to permit employee to review personnel records);

 

(d)22 DCMR § 3907.11 (failure to ensure that employee or contract worker presents valid agency identification before entering patient's home);

 

(e)22 DCMR § 3912 (failure to comply with requirements concerning patient rights and responsibilities); or

 

(f)22 DCMR § 3913 (failure to comply with requirements concerning complaint process).

 

source

Final Rulemaking published at 52 DCR 5014 (May 27, 2005).