 |
D.C. Municipal Regulations (Last Updated: September 13, 2017) |
 |
Title 22. HEALTH |
|
SubTilte 22-A. MENTAL HEALTH |
|
Chapter 22-A63. CERTIFICATION STANDARDS FOR SUBSTANCE USE DISORDER TREATMENT AND RECOVERY PROVIDERS |
Section 22-A6303. PROVIDER CERTIFICATION PROCESS
-
6303.1 Each applicant seeking certification as a provider shall submit a certification application to the Department in a form prescribed by the Department. A Department-certified provider seeking renewal of certification shall submit a certification application at least ninety (90) days prior to the termination of its current certification.
6303.2 An applicant may apply for certification at one or more of the Levels of Care (LOCs):
(a)Level 1 – AR: Assessment and Referral;
(b) Level 1: Outpatient;
(c) Level 2.1: Intensive Outpatient Program;
(d) Level 2.5: Day Treatment;
(e) Level 3.1: Clinically Managed Low-Intensity Residential;
(f) Level 3.3: Clinically Managed Population-Specific High-Intensity Residential;
(g) Level 3.5: Clinically Managed High-Intensity Residential (Adult) or Clinically Managed Medium-Intensity Residential (Youth);
(h) Level 3.7-WM: Short-term Medically Monitored Intensive Withdrawal Management “(SMMIWM”); and
(i) Level-R: Recovery Support Services.
6303.3 Providers may also be certified to provide one or more of the following specialty services based on their Level of Care (“LOC”) certifications from the Department:
(a) Medication Management;
(b) Medication Assisted Treatment; and
(c) Adolescent – Community Reinforcement Approach (“ACRA”).
6303.4 All certified providers, except those only certified as Level 1-AR or Level-R, shall provide all of the following core services according to the requirements of this chapter and the individual needs of the client as outlined in the treatment plan:
(a)Assessment/Diagnostic and Treatment Planning Services;
(b)Clinical Care Coordination;
(c)Case Management;
(d)Crisis Intervention;
(e)Substance Use Disorder (SUD) Counseling, including the following;
(1) Individual Counseling;
(2) Group Counseling;
(3) Group Counseling – Psychoeducation; and
(4) Family Counseling; and
(f)Drug Screening, as follows;
(1) Toxicology Sample Collection; and
(2) Breathalyzer Testing;
6303.5 If a certification is about to expire, the Department may, for good cause, consider a written request for an extension of time to complete the application.
6303.6 If the provider has submitted a timely and complete recertification application, the current certification shall continue until the Department takes action to renew or deny renewal of certification. A recertification application is considered timely if it is submitted at least ninety (90) days prior to the certification expiration date or the Department has otherwise granted an extension for the submission of a complete application.
6303.7 Upon receipt of a certification application, the Department shall review the certification application to determine whether it is complete. If a certification application is incomplete, the Department shall return the incomplete application to the applicant. An incomplete certification application shall not be regarded as a certification application, and return of the incomplete certification application and the Department’s failure to take further action to issue certification to the applicant shall not constitute either the denial of an application for certification or the renewal of certification.
6303.8 Following the Department’s acceptance of the certification application, the Department shall determine whether the applicant's services and activities meet the certification standards described in this chapter. The Department shall schedule and conduct an on-site survey of the applicant's services to determine whether the applicant satisfies the certification standards. The Department shall have access to all records necessary to verify compliance with certification standards and may conduct interviews with staff, others in the community, and clients (with client permission).
6303.9 The Department may issue certification to an applicant complying with the certification standard and to each certified provider seeking renewal of certification that complies with the certification standards.
6303.10 Nothing in these rules shall be interpreted to mean that certification is a right or an entitlement. The Director may restrict new provider certifications based upon the needs of the District residents and the existing capacity of the SUD provider system. The restriction may apply to overall certification or specific levels of care.
6303.11 An applicant or certified provider that fails to comply with this chapter, fails to comply with a Human Care Agreement, or violates Federal or District law, may receive a Statement of Deficiencies (“SOD”) from the Department. Evidence of violations gathered from an on-site survey, complaint, or other information may lead to the issuance of an SOD. An on-site survey is not required prior to the issuance of an SOD. The SOD shall describe the areas of non-compliance, suggest actions needed to bring operations into compliance with the certification standards, and set forth a timeframe for the provider’s submission of a written Corrective Action Plan (“CAP”). The issuance of an SOD is a separate process from the issuance of a Notice of Infraction.
6303.12An applicant or Department-certified provider's CAP shall describe the actions to be taken and specify a timeframe for correcting the areas of non-compliance. The CAP shall be submitted to the Department within ten (10) working days after receipt of the SOD from the Department.
6303.13The Department shall notify the applicant or certified provider whether the provider's CAP is accepted within five (5) working days after receipt.
6303.14The Department shall issue its certification after the Department verifies that the applicant or certified provider has complied with its CAP and meets all the certification standards.
6303.15The Director may deny certification if the applicant fails to comply with any certification standard. A provider that applies for certification during an open application period as published in the District of Columbia Register may appeal the denial of certification under this subsection by utilizing the procedures contained in Subsections 6305.4 through 6305.8. The Department shall not accept any applications for which a notice of moratorium is published in the District of Columbia Register. The Director may revoke certification from a provider through the decertification process in accordance with § 6305 of this chapter.
6303.16Certification as an SUD treatment provider or recovery support services provider shall be for one (1) calendar year for new applicants and two (2) calendar years for existing providers seeking renewal. Certification shall start from the date of issuance of certification by the Department, subject to the provider's continuous compliance with these certification standards. Certification shall remain in effect until it expires, is renewed, or is revoked pursuant to this chapter. The certification shall specify the effective date of the certification, the program(s), level of care(s), and services that the provider is certified to provide.
6303.17Certification is not transferable to any other organization.
6303.18Written notice of any change in the ownership of a program owned by an individual, partnership, or association, or in the legal or beneficial ownership of ten percent (10%) or more of the stock of a corporation that owns or operates a program, shall be given to the Department at least thirty (30) calendar days prior to the change in ownership.
6303.19The provider shall notify the Department immediately of changes in its operation that affect the provider's continued compliance with these certification standards, including changes in ownership or control, changes in the Qualified Practitioners employed by the provider, changes in services, and changes in its affiliation and referral arrangements.
6303.20The provider shall notify the Department in writing thirty (30) calendar days prior to implementing any of the following operational changes, including all aspects of the operations materially affected by the changes:
(a) A proposed change in the program's geographic location;
(b)The proposed addition or deletion of major service components;
(c)A change in the required staff qualifications for employment;
(d)A proposed change in organizational structure;
(e)A proposed change in the population served; and
(f)A proposed change in program capacity and, for residential programs, a proposed change in bed capacity.
6303.21Certification shall be automatically terminated and invalid if the provider fails to apply for renewal of certification prior to the expiration date of the certification, voluntarily relinquishes certification, or goes out of business.
6303.22Providers shall forward to the Department within thirty (30) calendar days all inspection reports conducted by an oversight body and all corresponding corrective actions taken regarding cited deficiencies.
6303.23Providers shall immediately report to the Department any alleged criminal activity involving provider staff.
6303.24The Department may consider a provider’s certification by one or more national accrediting bodies as evidence of compliance with one or more certification standards in this chapter.