D.C. Mun. Regs. r. 22-A3810

Current through Register Vol. 71, No. 25, June 21, 2024
Rule 22-A3810 - GENERAL MHCRF OPERATIONAL RESPONSIBILITIES
3810.1

The MHCRF shall not willfully fail or refuse to comply with a statute or regulation governing MHCRFs.

3810.2

The MHCRF shall cooperate with inspections by the Director or other District government officials conducted pursuant to § 3803 and shall cooperate with the Department's investigation of a complaint made against the MHCRF.

3810.3

The MHCRF shall immediately inform the Director of any Major Unusual Incident pursuant to § 3848, the absence of required staff, a resident's failure to take prescribed medications for more than forty-eight (48) hours, or significant deficiencies including: a lack of heat, air conditioning, water, hot water, or electricity; bug or rodent infestation; or the need to move a resident or residents due to an emergency.

3810.4

The MHCRF shall inform the Director of a change in the operation, program, or services of a MHCRF of a degree or character that may affect its licensure, including a change in the Residence Director or other staff. The MHCRF shall inform the Director as soon as feasible after the MHCRF is aware that the change will occur, but no later than five (5) days after the change.

3810.5

The MHCRF shall promptly correct deficiencies. Serious deficiencies or conditions immediately affecting resident health and safety, such as conditions described in § 3810.3, shall be corrected within twenty-four (24) hours. For purposes of this section, the MHCRF shall report a resident's failure to take prescribed medications for more than forty-eight (48) hours to the Director and the resident's CSA within twenty-four (24) hours of such failure.

3810.6

If the Operator of a MHCRF receives a Statement of Deficiencies, the MHCRF shall correct the deficiencies within the time frame required by the Department in accordance with § 3811, or within such extended time as the Director may grant, for good cause shown, upon written request.

3810.7

The MHCRF shall submit a signed and dated Plan of Correction on a form prescribed by the Director within five (5) days after receiving the Statement of Deficiencies. The Plan of Correction shall describe the corrective actions that the MHCRF plans to take to correct the deficiencies or verify that the deficiencies have been corrected.

3810.8

Before a person begins working or providing volunteer or other services at the MHCRF, the MHCRF shall ensure that the person has met all prerequisites and has submitted all required documents as set forth in §§ 3850, 3851 and 3852.

3810.9

If the Director receives a complaint of abuse or neglect of a resident by a Residence Director or staff member, upon direction by the Director, the MHCRF shall immediately remove the Residence Director or staff member from the MHCRF until the complaint is found to be unsubstantiated.

3810.10

If a criminal investigation or an investigation by the Department of Human Services pursuant to the Adult Protective Services Act is initiated, the removal of the Residence Director or staff member shall remain in effect until the investigation is completed and the complaint is found to be unsubstantiated. During the removal period, the Residence Director or staff member shall not be employed at another MHCRF in a direct patient care capacity.

3810.11

Each MHCRF license in an Operator's possession shall be the property of the District government. The MHCRF shall return the license to the Director upon request after license suspension, revocation, termination, replacement, or expiration.

3810.12

Each MHCRF shall maintain personnel records, resident records, administrative records, and MHCRF financial records as required by §§ 3824, 3825, 3837, 3838, 3839, 3840, 3846, 3848, 3850 through 3855. All resident and personnel records shall be maintained at the MHCRF. MHCRF financial records shall be maintained at the MHCRF or at the Operator's business office in the District of Columbia and shall be made available to the Department upon request.

3810.13

Each MHCRF shall meet each of the specific requirements for operation of MHCRFs set forth in this chapter.

3810.14

In an emergency caused by a natural disaster, extreme heat or cold, extended power outage, or a similar situation, the MHCRF shall contact the Director as soon as possible. The MHCRF shall inform the Director whether the MHCRF is fully functional or, if there are problems or deficiencies that affect residents, how these problems are being addressed and if there is a need to temporarily transfer residents to another location.

3810.15

No MHCRF resident shall be relocated outside of the District of Columbia without the prior written approval of the Director.

3810.16

No MHCRF shall delay, hinder, obstruct, impede or otherwise interfere with the emergency relocation of residents.

D.C. Mun. Regs. r. 22-A3810

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