Section 29-2367. ADMINISTRATIVE REMEDIES -- DENIAL, SUSPENSION, OR REVOCATION OF CERTIFICATION

 

2367.1 The Department may refuse to issue or renew, or may revoke, or suspend a certification for failure to comply with the provisions of the Act, rules adopted pursuant to this Act, and all other applicable provisions of law in accordance with the District of Columbia Drug Abuse, and Mental Illness Insurance Coverage Act of 1986, effective (D.C. Law 6-195, D.C. Code, 2001 Ed. §31-3101 et seq.).

 

2367.2 The Department may simultaneously use one or more of the remedies listed in this section to penalize facilities or programs for violating aspects of this chapter. The remedies included in this section are:

 

(a) Summary suspension - which takes effect immediately without benefit of a hearing, for infractions posing imminent risk;

 

(b) Suspension - which may be delayed until the program or facility has an opportunity to be heard on the charges when the charges do not pose an imminent risk;

 

(c) Revocation - which may be delayed until the program or facility has an opportunity to be heard on the charges when the charges do not pose an imminent risk;

 

(d) Denial of an application for certification; or

 

(e) Civil fines and penalties.

 

2367.3 A determination of non-compliance may include, but is not limited to, the following:

 

(a) Violation of federal, state and local laws, ordinances, rules, regulations and codes relating to building, health, fire protection, safety, sanitation and zoning;

 

(b) Deficiencies that may result in death, a substantial probability of harm or actual injury to a patient’s safety, health, or welfare;

 

(c) Deficiencies that may result in the facility’s or program’s failure to comply with certification standards;

 

(d) Serious or repeated violation of patient rights;

 

(e) Permitting, aiding or abetting the commission of an illegal act in a licensed program or facility;

 

(f) Fraudulent fiscal practices;

 

(g) Failure to allow an inspection in accordance with this chapter;

 

(h) Willful submission of false or misleading information to the Department in connection with an application for certification or related to certification procedures;

 

(i) Failure to obey any lawful order of the Department pursuant to the provisions of the Act, rules adopted pursuant to this chapter, and all other applicable provisions of law;

 

(j) Conviction of a member of the governing body, a Director, Administrator, the Chief Executive Officer, Department head, or other key staff member, of a felony involving the management or operation of a facility, or which is directly related to the integrity of the facility;

 

(k) Violation of this chapter, or other laws or regulations of the District of Columbia or the United States relating to the operation of a facility or program operating within the District of Columbia, of the type governed by these rules; or

 

(l) Failure or refusal to submit reports or make records available as requested by the Department in accordance with the authority granted by these rules or the Act.

 

2367.4 If the Department proposes to take action written notice shall be given to the facility or program.

 

2367.5 The proposed action shall become final unless the applicant files a request for a hearing with the Department within fifteen (15) days of the notice or submits documentary evidence for the Department’s consideration.

 

2367.6 If the facility or program submits documentary evidence but does not request a hearing, the Department shall consider the material submitted and take such action as is appropriate without a hearing.

 

2367.7 The Department shall notify the facility or program in writing if the proposed action becomes final.

 

2367.8 The Department may summarily suspend a certification of any facility or program if the Department determines that existing deficiencies constitute an imminent or serious danger to the health, safety or welfare of its patients.

 

2367.9 The Department shall suspend processing of an application for certification or re-certification when a facility, program or staff is under investigation for fraud, financial misconduct, physical or sexual abuse, or improper clinical practices.

 

2367.10 All proceedings for the denial, suspension, revocation, limitation, or refusal to issue or renew a certification shall be conducted in accordance with the DCAPA.

 

2367.11 If the Department has denied an application for certification, the applicant must wait at least ninety (90) days before filing a new application for certification.

 

2367.12 If the Department has revoked a facility’s or program’s certification, the facility or program must wait at least one (1) year before filing a new application for certification. The Department’s review of a future application shall take into consideration the severity of prior violations, actions taken by the facility or program to correct the violations, and the effect of the resulting action on the community.

 

2367.13 Upon revocation or suspension of the certification the organization must surrender its certificate to a representative of the Department.