Section 22-B4104. REVIEW OF PROPOSALS: BEDS

 

4104.1No person shall increase, decrease, or redistribute among health service categories the bed capacity of a HCF by ten percent (10%) or ten (10) beds, whichever is less, in any two (2) year period.

 

4104.2 The distribution of bed types shall use the following categories:

 

(a)Medical-surgical;

 

(b)Coronary care;

 

(c)Obstetrics-gynecology;

 

(d)Obstetrics-gynecology;

 

(e)Normal nursery and neonatal intermediate care;

 

(f)Neonatal Intensive care;

 

(g)Pediatrics;

 

(h)Alcoholism, chemical dependency;

 

(i)Rehabilitation;

 

(j)Extended acute long-term care;

 

(k)Medical-surgical or skilled nursing;

 

(l)SNF;

 

(m)ICF; and

 

(n)Skilled nursing or intermediate care (swing in a facility licensed as both a    SNF and ICF).

 

4104.3A person may lawfully close a bed without obtaining a CON under the following circumstances:

 

(a)A HCF has not staffed or otherwise held the bed ready for immediate use by patients for twelve (12) consecutive months; and

 

(b)The bed, when taken together with the sum of all other beds closed and opened does not represent a net change of more than ten (10) beds or ten percent (10%) of the total number of beds authorized in the HCF or particular service during the twenty-four (24) month period preceding the closure.

 

4104.4The date on which the HCF removes the last patient from a recognized unit shall begin the consecutive twelve (12) month period under Subsection 4104.3(a) for every bed in the unit proposed for closure.

 

4104.5Reopening one (1) or more beds by re-staffing it and otherwise holding it ready for immediate use, while at the same time removing staff and otherwise removing the same or a similar number of other beds of the same general type from immediate use by patients shall not constitute the beginning of another consecutive twelve (12) month period.

 

4104.6Rotating short-term suspensions of individual beds or units shall not be used to circumvent the consecutive twelve (12) month period specified in Subsection 4104.3(a).

 

 

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).