Section 22-B2002. LICENSE REQUIREMENTS

 

2002.1Except as otherwise expressly provided for in this chapter, no person shall operate or hold himself or herself out as operating a hospital in the District of Columbia, whether public or private, for profit or not for profit, without being licensed as required by § 3 of the Health-Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983, effective February 24, 1984, D.C. Law 5-48, D.C. Official Code § 44-501 et seq. (2005 Repl.) (hereinafter, the Act).

 

2002.2A facility shall submit an application for initial licensure to the Director no later than ninety (90) days prior to the stated date of operation. The license fee shall accompany the application. The application for a hospital license shall state each service for which the applicant undertakes to furnish hospital care and the number of beds allocated to each service; and shall furnish other information as may be required.

 

2002.3In addition to the requirements of § 2002.2, an applicant for licensure shall also provide the following:

 

(a)Hospital location;

 

(b)Previous owner, license number, Medicare and Medicaid numbers;

 

(c)Type of hospital (special or general);

 

(d)Type of current certification(s);

 

(e)Accreditation status;

 

(f)Bed capacity;

 

(g)Offsite location(s);

 

(h)Services to be provided;

 

(i)Staffing;

 

(j)Description of facility;

 

(k)Proposed use of idle space;

 

(l)Hospital Administrator/Chief Executive Officer;

 

(m)Person in charge in absence of administrator;

 

(n)Nurse administrator:

 

(o)Name of Medical Director and Director of Nursing;

 

(p)Applicant (owner);

 

(q)Type of organization;

 

(r)Interested parties;

 

(s)Other providers owned by the applicant;

 

(t)Subsidiary/parent information;

 

(u)Chain organization (organization structure);

 

(v)Background information (affiliations, adverse actions, etc);

 

(w)Owner of building/land;

 

(x)Type of organization;

 

(y)Name of the lease holder if the hospital has a lease agreement for hospital space;

 

(z)Name of management company;

 

(aa)Contact person; and

 

(bb)Designee for acceptance of service.

 

2002.4A facility making application for initial licensure shall have obtained a Certificate of Occupancy and a Certificate of Need and shall list approvals on the application.

 

2002.5A facility shall submit an application for license renewal to the Director no later than sixty (60) days before the expiration date of the current license. The facility shall submit the license fee with the application.

 

2002.6The Director may impose a late application filing fee, in addition to the license fee, for a facility that fails to submit a license renewal application within the time prescribed.

 

2002.7The Director may conduct background checks on the applicant or licensee to determine his or her suitability or capability to operate or to continue operating a health care facility. Background checks shall consist of, but not be limited to, the following:

 

(a)Contacts with the police to ascertain criminal convictions;

 

(b)Verification of licensure status;

 

(c)Verification of educational credentials;

 

(d)Verification of residency status;

 

(e)Verification of solvency; and

 

(f)Contacts with District and other state officials to determine outstanding warrants, complaints, criminal convictions, and records of malpractice actions.

 

2002.8The licensee of a health care facility shall inform the Director of a change in operation within thirty (30) days after the change. Change of operation means any alteration in function, program, or services that is substantially different from that reported on the hospital's most recent license application.

 

2002.9Each license in the licensee's possession shall be the property of the District Government and shall be returned to the Director immediately upon any of the following events:

 

(a)Suspension or revocation of the license;

 

(b)Refusal to renew the license;

 

(c)Forfeiture consistent with § 2002.10; or

 

(d)Voluntary discontinuance of the operation by the licensee.

 

2002.10The Director shall issue each license in the name of the owner and operator only for the premises and person or persons named as applicants in the application and the license shall not be valid for use by any other person or persons or at any place other than that designated in the license. Any transfer as to person or place without the approval of the Director shall cause the immediate forfeiture of the license.

 

2002.11Each hospital license shall specify the following:

 

(a)The name of the person to whom the license is issued;

 

(b)The name and location of the hospital;

 

(c)The total rated bed capacity per service;

 

(d)The expiration date; and

 

(e)Any special limitations imposed by the Director.

 

2002.12The Director shall classify each license as follows:

 

(a)General hospitals; or

 

(b)Special hospitals.

 

2002.13The Director shall classify each facility license as regular, provisional or restricted.

 

2002.14The D.C. Fire and Emergency Medical Services shall conduct inspections of a facility to determine compliance with fire safety requirements.

 

2002.15The D.C. Fire and Emergency Medical Services shall submit to the Director the findings from inspections with a determination regarding licensure of a facility. The Director shall incorporate the determination in the licensure recommendation.

 

2002.16The D.C. Fire and Emergency Medical Services shall take action as deemed necessary against a facility for noncompliance with regulations under its jurisdiction.

 

2002.17Each facility shall meet the minimum requirements for insurance as appropriate for the number and types of beds in the facility and the number and types of services available as determined by the Director.

 

2002.18Each facility shall comply with all Certificate of Need requirements. The Director may subject a facility to an adverse action based on failure to comply.

 

2002.19The license shall be posted in a conspicuous place at all times.

 

source

Notice of Final Rulemaking published at 55 DCR 8813 (August 15, 2008).