Section 22-B4405. NOTICE OF AVAILABILITY OF UNCOMPENSATED CARE

 

4405.1Each CON holder shall publish, in a newspaper of general circulation within the District of Columbia, and submit to the Director before the beginning of the CON holder's fiscal year, a notice of its uncompensated care obligation. The notice shall include:

 

(a)The dollar value of uncompensated care that the CON holder intends to make available during the fiscal year or a statement that the CON holder will provide uncompensated care to all persons unable to pay for treatment who request uncompensated care;

 

(b)An explanation of the difference between the amount of uncompensated care the CON holder proposes to make available and the annual compliance level for the CON holder, if any; and

 

(c)A statement whether the CON holder has satisfied all outstanding uncompensated care obligations from previous reporting periods, or a statement indicating that it will, during a specified period, satisfy any outstanding obligations.

 

4405.2The CON holder shall post the following notice:

 

"Under District of Columbia law, this health care provider must make its services available to all people in the community. This health care provider is not allowed to discriminate against a person because of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, political affiliation, physical handicap, source of income, or place of residence or business, or because a person is covered by a program such as Medicare or Medicaid.

 

"This health care provider is also required to provide a reasonable volume of services without charge or at a reduced charge to persons unable to pay. Ask the staff if you are eligible to receive services either without charge or at a reduced charge. If you believe that you have been denied services or consideration for treatment without charge or at a reduced charge without a good reason, contact the Admissions or Business Office of this health care provider, and call the State Health Planning and Development Agency through the Citywide Call Center at 202-727-1000.

 

"If you want to file a complaint, forms are available from the State Health Planning and Development Agency."

 

4405.3The notice required by § 4405.2 shall also include the CON holder's eligibility criteria for uncompensated care.

 

4405.4The CON holder shall post the notice required by § 4405.2 in plain view in areas of the CON holder's facility or service that are easily accessible to the public. Those areas shall include the admissions areas, the business office, and the emergency room.

 

4405.5The notice required by § 4405.2 shall be printed in the following languages:

 

(a)English;

 

(b)Spanish; and

 

(c)Any other language that is the usual language of households of ten percent (10%) or more of the population of the District of Columbia, according to the most recent figures published by the Bureau of Census.

 

4405.6Each CON holder shall communicate the contents of the posted notice to any person who the CON holder has reason to believe cannot read the notice.

 

4405.7During any period of a fiscal year when uncompensated care is available in the CON holder's facility or service, the CON holder shall provide written notice of the availability of the services to each person who seeks services from the CON holder, whether on his or her own behalf or on behalf of another. The written notice of availability shall include the following:

 

(a)The information set out in the notice in § 4405.2.

 

(b)The location in the CON holder's facility or service where any person seeking uncompensated care may request it; and

 

(c)A statement that the CON holder is required to make a written determination whether the person will receive uncompensated care; and

 

(d)The date by, or period within which, the determination will be made.

 

4405.8Each CON holder shall provide the written notice required by § 4405.7 before providing services, except where the emergency nature of the services makes prior notice impractical. In emergency situations, the CON holder shall provide the written notice to the patient as soon as practical, or to the next of kin. The CON holder shall give the notice not later than when presenting the first bill for services.

 

authority

This chapter was originally enacted under the authority of the District of Columbia Certificate of Need Act of 1980, effective September 16, 1980 (D.C. Law 3-99; D.C. Official Code, §§ 44-1801 to 44-1817 (2001 ed.)), and amended by the District of Columbia Certificate of Need Act of 1980 Amendment Act of 1987, effective March 16, 1988 (D.C. Law 7-90; 35 DCR 710 (February 5, 1988)). Subsequent to the enactment of this chapter, the District of Columbia Certificate of Need Act of 1980 was repealed by § 22 of the Health Services Planning Program Act of 1992, effective March 16, 1993 (D.C. Law 9-197; 39 DCR 9195 (December 11, 1992)). Later authority for the regulation of Certificates of Need was found at D.C. Official Code §§ 44-401 to 44-421 (2001 ed.); Mayor's Reorganization Plan No. 3 of 1986; and Mayor's Order 95-162, dated December 4, 1995.

source

Final Rulemaking published at 36 DCR 5819 (August 11, 1989); as amended by Final Rulemaking published at 52 DCR 8258 (September 2, 2005); as amended by Final Rulemaking published at 53 DCR 4808 (June 16, 2006).