D.C. Mun. Regs. r. 22-A3800

Current through Register Vol. 71, No. 25, June 21, 2024

Rule 22-A3800 - PURPOSE AND SCOPE OF CHAPTER

3800.1

The purpose of these regulations is to provide for the health, safety, and person-centered welfare of individuals with mental illness residing in mental health community residence facilities (MHCRFs). Each MHCRF shall meet the requirements of this chapter as of its effective date, unless otherwise specified in this chapter. No person shall operate an MHCRF in the District of Columbia without a license issued by the Department.

3800.2

A MHCRF is a publicly or privately-owned community residence facility that provides twenty-four hour (24 hr.) supervised care and a home-like environment in a house or apartment building for individuals, age eighteen (18) or older:

(a) With a principal diagnosis of mental illness;

(b) Who require twenty-four hour (24 hr.) on-site staff supervision, monitoring, personal assistance with activities of daily living, lodging, and meals ; and

(c) Who are not in the custody of the Department of Corrections.

3800.3

There shall be three (3) principal categories of MHCRFs designed to meet different levels of resident need and preference licensed under and subject to this chapter: Supported Residence (SR), Supported Rehabilitative Residence (SRR) and Intensive Residence (IR). In addition to meeting the other requirements of this chapter, the SR shall comply with § 3857, the SRR shall comply with § 3858 and the IR shall comply with § 3859.

3800.4

In addition, this chapter provides for short-term transitional beds, which shall meet the minimum licensure requirements for a SR facility, as well as the additional requirements in § 3860. A MHCRF with transitional beds shall be designated "SR-Transitional."

3800.5

The number of residents allowed to reside in a MHCRF shall be as follows:

(a) An SR, SRR or IR MHCRF may have up to eight (8) residents, exclusive of staff.

(b) Notwithstanding § 3800.5(a), an SR MHCRF with a regular license that was issued prior to December 23, 1991 may continue to house the number of residents previously authorized, up to twenty-five (25) residents exclusive of staff;

(c) An SR with transitional beds may have up to ten (10) residents in accordance with § 3860;

(d) The Director may grant a waiver to the residency limitations set forth in (a) or (c) upon a determination that:

(1) The facility has demonstrated that it meets the other requirements of this chapter and will be able to meet residents' needs and provide a home-like non-institutional environment;

(2) The health, safety, and welfare of residents will not be adversely affected; and

(3) The authorized increase is consistent with the occupancy limits in the Certificate of Occupancy for the facility.

3800.6

This chapter shall not apply to:

(a) Crisis beds;

(b) Independent living arrangements; or

(c) Supported independent living arrangements.

3800.7

A MHCRF license is not an entitlement. The issuance of new licenses is subject to the availability of funds and the Department's determination that new or additional MHCRFs are necessary to adequately serve the public behavioral health system.

D.C. Mun. Regs. r. 22-A3800

Final Rulemaking published at 64 DCR 1633 (2/16/2018)