Section 22-B4099. DEFINITIONS


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    4099.1When used in Chapters 40 through 45 of this title, the following terms and phrases shall have the meanings ascribed:

     

    Actthe Health Services Planning Program Re-establishment Act of 1996, effective April 9, 1997 (D.C. Official Code § 44-401 et seq.).

     

    Acute long-term care—services provided by a hospital in a separate unit set aside for patients requiring hospital level care for periods longer than thirty (30) days.

     

    Ambulatory care facility or clinic

     

    (1) An institution, place, or building devoted primarily to providing health care services to outpatients through any organizational arrangement other than solely through the private practice of one (1) or more physicians acting as a sole practitioner or a group practice.  A group practice shall not include any arrangement in which one (1) or more physicians are hired as employees, as contractors, or other comparable arrangement to provide health services.  This term does not include facilities maintained by employers solely to provide first aid or primary health care services to their employee during the employee’s hours of work.  This term does not include a health fair that continues for less than seven (7) days;

     

    (2) An entity that received federal grant support, a block grant, or other program for the operation of a community or neighborhood health center; or

     

    (3) An entity that receives donations for providing health services to outpatients.

     

    Ambulatory surgical facility—a facility that is not a part of a hospital that provides surgical treatment to patients not requiring hospitalization and that is licensed or proposed to be licensed as an ambulatory surgical treatment center by the District under 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.). 

     

    Annual Implementation Plan or AIP—the annual plan prepared by SHPDA and SHCC to specify actions that will achieve the goals and objectives of the State Health Systems Plan.

     

    Applicant—a person who consults with SHPDA before applying for a CON or a person who applies for a CON.

     

    Certificate of Need or CON—the documentation demonstrating approval from SHPDA that is required before a person may offer or develop a new institutional health service or obligate a capital expenditure to obtain an asset.

     

    Directorthe Director of the SHPDA of the Department of Health.

     

    Ex parte contact—an oral or written communication not on the official record where reasonable contemporaneous notice to all parties is not given.

     

    Freestanding hemodialysis facility—a kidney disease treatment facility, not located within a hospital, that provides chronic maintenance hemodialysis services.

     

    General hospital—an institution that primarily provides to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons, or rehabilitation services for the rehabilitation of injured, disabled, or sick persons, and that is licensed or proposed to be licensed as a hospital by the District government.

     

    Health care facility or HCF—a private general hospital, psychiatric hospital, other specialty hospital, rehabilitation facility, skilled nursing facility, intermediate care facility, ambulatory care center or clinic, ambulatory surgical facility, kidney disease treatment center, freestanding hemodialysis facility, diagnostic health care facility, home health agency, hospice, or other comparable health care facility that has an annual operating budget of at least five hundred thousand dollars ($500,000).  This term shall not include Christian Science sanitariums, operated, listed, and certified by the First Church of Christ Scientist, Boston, Massachusetts; the private office facilities of a health professional or group of professionals, where the health professional or group of health professionals provides conventional office services limited to medical consultation, general non-invasive examination, and minor treatment, or a health facility licensed or to be licensed as a community residence facility, or an Assisted Living Residence.

     

    Health Maintenance Organization or HMO—a private organization that is a qualifying HMO under federal regulations or has been determined to be an HMO under 22 DCMR Chapters 40 through 45.

     

    Health service—a medical or clinical related service, including a service that is diagnostic, curative, or rehabilitative, and those related to alcohol abuse, drug abuse, inpatient mental health services, home health care, hospice care, medically supervised day care, and renal dialysis.  This term shall not include services provided by physicians, dentists, HMOs, and other individual providers in individual or group practice.

     

    Health Systems Plan or HSP—the comprehensive health plan prepared by SHPDA and the SHCC according to the requirements of the Act.

     

    Home health agency—a public agency or private organization, or a subdivision of an agency or organization, that is primarily engaged in providing skilled nursing services and at least one (1) other therapeutic service to individuals in their residences, that has at least one (1) employee in addition to the proprietor if the agency is a sole proprietorship.  This term does not include an entity that provides only housekeeping services.

     

    Inpatient—the provision of health care services over a period of twenty-four (24) consecutive hours or longer.

     

    Intermediate care facility or ICF—an institution that provides, on a regular basis, health-related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility provides, but who, because of their mental or physical condition, require health-related care and services (above the level of room and board), that is licensed or proposed to be licensed as an intermediate care facility by the District government.

     

    Other specialty hospitalan institution primarily engaged in providing to inpatients diagnosis and treatment for the limited category of illness or illnesses for which the institution is or proposes to be licensed as a “special hospital” by the District government.  The term does not include a psychiatric hospital, rehabilitation facility, or rehabilitation hospital.

     

    Outpatient—the provision of health care services over less then twenty-four (24) consecutive hours.

     

    Psychiatric hospitalan institution that primarily provides to inpatients, by or under the supervision of a physician, specialized services for the diagnosis, treatment, and rehabilitation of mentally ill and emotionally disturbed persons, that is licensed or proposed to be licensed as a hospital by the District government.

     

    Rehabilitation facility or rehabilitation hospitala facility that is operated for the primary purpose of assisting in the rehabilitation of disabled persons through an integrated program of medical and other services which are provided under competent professional supervision, and that, if it serves inpatients, is licensed or proposed to be licensed as a “special hospital” by the District government.

     

    Skilled nursing facility or SNFan institution or a distinct part of an institution that primarily provides to inpatients skilled nursing care and related services for patients who require medical or nursing care, or rehabilitation services for the rehabilitation of injured, disabled, or sick persons, that is licensed or proposed to be licensed as a skilled nursing facility by the District government.

     

    Year—unless otherwise indicated, any period of three hundred sixty-five (365) consecutive days.

     

     

authority

§ 22 of the Health Services Planning Program Re-establishment Act of 1996 (Act), effective April 9, 1997 (D.C. Law 11-191; D.C. Official Code § 44-421 (2012 Repl.)).

source

Final Rulemaking published at 29 DCR 5569 (December 17, 1982), enacting Proposed Rulemaking published at 29 DCR 4742 (October 29, 1982); as amended by Final Rulemaking published at 61 DCR 1666 (February 28, 2014).