D.C. Mun. Regs. r. 22-A3899
When used in this chapter, the following terms shall have the meanings ascribed:
"Activities of daily living" - Basic life activities that include ambulating and transferring, bathing, dressing, grooming, toileting, and eating.
"Administrative Procedure Act" - the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code §§ 2-501et seq.).
"Adult Protective Services Act" - the Adult Protective Services Act of 1984, effective March 14, 1985 (D.C. Law 5-156; D.C. Official Code §§ 7-1901et seq.).
"Americans with Disabilities Act" - The Americans with Disabilities Act of 1990, approved July 26, 1990 (Pub. L. 101-336, 104 Stat. 328; 42 U.S.C §§ 12101et seq.).
"Applicant" - an individual, corporation, partnership, or agency that applies for a license or renewal license to operate a MHCRF, is the Operator of the MHCRF business, and has an ownership or leasehold interest in the property where the MHCRF will be located.
"Awake supervision" - supervision by a staff person who is not sleeping or resting, is alert, on duty, and is prepared to address the needs of residents and any situations which may arise including matters requiring prompt attention and emergencies.
"Behavioral Health Establishment Act" - the Department of Behavioral Health Establishment Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code §§ 7-1141et seq.).
"Business days" - calendar days excluding Saturdays, Sundays, and legal holidays.
"Civil Infractions Act" - the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801 et seq.).
"Clean Hands Act" - the Clean Hands Before Receiving A License or Permit Act of 1996, effective May 11, 1996 (D.C. Law 11-118; D.C. Official Code §§ 47-2861et seq.).
"Community Residence Facility" - a facility that provides a sheltered living environment for individuals, eighteen (18) years of age or older, who desire or need such an environment because of their physical, mental, familial, social, or other circumstances, and who are not in the custody of the Department of Corrections. See § 2 of the Licensure Act (D.C. Official Code § 44-501). A community residence facility is included within the definition of a "community-based residential facility" under the District of Columbia Construction Codes Supplement, 12-A DCMR, § 202.
"Consumer" or "Consumers" - person or persons who seek or receive mental health services or supports funded or regulated by the Department of Behavioral Health.
"Consumers' Rights Act" - the Mental Health Consumers' Rights Protection Act of 2001, effective December 18, 2001 (D.C. Law 14-56; D.C. Official Code §§ 7-1231.01et seq.).
"Core Services Agency" or "CSA" - a community-based provider of mental health services and mental health supports that is certified by the Department and that acts as a clinical home for consumers of mental health services.
"Criminal Background Check Act" - Health-Care Facility Unlicensed Personnel Criminal Background Check Act of 1998, effective April 20, 1999 (D.C. Law 12-238; D.C. Official Code §§ 44-551et seq.).
"Crisis bed" - a bed provided in a residential setting that offers substantial quantities of psychological assistance to individuals in psychiatric crisis, until the immediate emotional crisis passes and an acceptable level of stability is regained, usually within 30 days.
"DCRA" - the District of Columbia Department of Consumer and Regulatory Affairs.
"Department" - the Department of Behavioral Health.
"Dietitian" - an individual who meets the qualifications and standards for membership in the American Dietetic Association and who applies the principles of nutrition and management to menu planning, food preparation, and service.
"Director" - the Director of the Department of Behavioral Health or the Director's designee.
"Discharge" - termination of the resident's stay at the MHCRF, due to action taken by the MHCRF or the Mayor, or by the choice of the resident.
"District of Columbia Construction Codes" - 2012 ICC Construction Codes as amended by the D.C. Construction Codes Supplement (2013), Title 12 DCMR, or currently adopted version of Construction Codes.
"District of Columbia Fire Prevention Code" - 2012 ICC Fire Code as amended by the D.C. Fire Code Supplement (2013), Title 12-H DCMR, or currently adopted version of the Fire Code
"District of Columbia Housing Code" - Title 14 DCMR.
"District of Columbia Property Maintenance Code" - 2012 ICC Property Maintenance Code as amended by the D.C. Property Maintenance Code Supplement (2013), Title 12-G DCMR, or currently adopted version of the Property Maintenance Code.
"Disqualifying crime " - a conviction of one of the following crimes within seven (7) seven years prior to a criminal background check:
"Food Code" - District of Columbia Food and Food Operations Code, Title 25-A DCMR.
"Habitable room" - an undivided, enclosed space with natural light and ventilation, including a room for living, eating, or sleeping, that complies with applicable District of Columbia Building and Housing Codes regulations.
"Home-like environment" - an integrated residential setting that meets the requirements of 42 C.F.R. § 441.301.
"HIPAA" - the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (Pub. L. 104-191, 110 Stat. 1936), and the HIPAA Standards for Privacy of Individually Identifiable Health Information (the Privacy Rule), 45 C.F.R. Parts 160 and 164.
"Human Rights Act" - the District of Columbia Human Rights Act, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code §§ 2-1401et seq.).
"Independence" - the quality of being self-reliant and free from the control of others.
"Independent living" - living alone or with friends or relatives in a private home, apartment, or rooming house.
"Individual Recovery Plan" or "IRP" - a written plan for a resident's continued treatment and care that includes goals, objectives, and interventions developed by a multi-disciplinary treatment team in consultation with the resident.
"Licensee" - a person or entity to whom a license to operate a MHCRF has been issued.
"Licensure Act" - the Health Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48; D.C. Official Code §§ 44-501et seq.).
"Limited or intermittent nursing care" - simple nursing care provided on a periodic basis in a MHCRF, including blood pressure monitoring, insulin injections, and dressing changes, provided by a licensed RN or LPN, or under the supervision of a RN or LPN by a D.C. Board of Certified Nursing Assistant, Medication Aide, or other certified nursing assistive personnel, within the scope of their certification.
"Long-Term Care Ombudsman" or "LTCO" - the person designated under the Long-Term Care Ombudsman Act and referenced in § 101(7) of the Nursing Home and Community Residence Facility Residents Protection Act to perform the functions of the Long-Term Care Ombudsman in the District of Columbia.
"Long-Term Care Ombudsman Act" - the District of Columbia Long-Term Care Ombudsman Program Act of 1988, effective March 16, 1989 (D.C. Law 7-218; D.C. Official Code §§ 7-701.01et seq.).
"Major unusual incident" ("MUI") - An adverse event that can compromise the health, safety, or welfare of persons, employee misconduct, fraud, and actions that are violations of law or policy.
"Mayor" - the Mayor of the District of Columbia or his or her authorized designee.
"Medication Aide" - an individual who has been certified by the District of Columbia Board of Nursing to perform nursing assistive tasks and to administer medication under the supervision of a licensed nurse. A Medication Aide has met education, experience, and examination requirements pursuant to rules to be adopted by the D.C. Board of Nursing.
"Mental Health Information Act" - the District of Columbia Mental Health Information Act of 1978, effective March 3, 1979 (D.C. Law. 2-136; D.C. Official Code §§ 7-1201.01et seq.).
"Mental health professional" - a person who is specifically trained and, if required, licensed to provide services to mentally ill persons.
"MHCRF" - refers to Mental Health Community Residence Facility, the Operator, Residence Director, and staff members, as applicable.
"Non-ambulatory" - unable to walk or move from one place to another without personal or mechanical assistance.
"Nursing Home and Community Residence Facility Residents' Protection Act" - the Nursing Home and Community Residence Facility Residents' Protection Act of 1985, effective April 18, 1986 (D.C. Law 6-108; D.C. Code §§ 44-1001.01et seq.).
"OAH Rules of Practice and Procedure" - District of Columbia Office of Administrative Hearings Rules of Practice and Procedure, Title 1, Chapter 28 of the District of Columbia Municipal Regulations. (1 DCMR, Chapter 28)
"Operator" - the person or entity that owns the MHCRF business and who applies for and holds an MHCRF license as provided in §§ 3802.1 and 3805.1.
"Optional State Payment" - A supplemental payment for room, board, and care paid to District of Columbia residents who receive Supplemental Security Income and who live in a community residence facility or an assisted living facility as provided for in § 549 of the District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. Official Code § 4-205.49).
"Personal assistance" - help with grooming, bathing, eating, walking, toileting, budgeting, making appointments, arranging transportation, and other activities associated with daily living. Personal assistance may involve supervision, prompting, oversight, or hands-on care.
"Provider" - a person, agency, or organization that provides health or support services to a resident, including the Department, Core Services Agencies, the Comprehensive Crisis Emergency Program, agencies that contract with the District of Columbia to provide mental health, behavioral health, medical health, and other services, hospitals, private clinics, and Medicaid providers.
"Provisional license" - a license issued for not to exceed ninety (90) days to new MHCRFs to afford sufficient time and evidence to evaluate whether the new facility is capable of complying with this chapter, or issued to a regular license holder with deficiencies as provided in this chapter.
"Regular license" - a license issued for not to exceed one (1) year to a MHCRF that is in compliance with all applicable laws and regulations.
"Relocation" - the movement of a resident from one part or room of the MHCRF where he or she resides to another, whether voluntary or involuntary, pursuant to the Nursing Home and Community Residence Facility Residents' Protection Act.
"Representative Payee" - an individual or organization appointed by the Social Security Administration to receive Social Security or Supplemental Security Income (SSI) benefits for someone who cannot manage or direct someone else to manage his or her money. The main responsibilities of a representative payee are to use the benefits to pay for the current and foreseeable needs of the beneficiary, properly save any benefits not needed to meet current needs, and keep records of expenses.
"Residence Director" - the individual responsible for the overall management and operation of the MHCRF, including hiring and firing, purchase of food and supplies, arranging repairs, and supervision of employees and volunteers. As provided in § 3804.1(d), a distinct Residence Director is required if the Operator is a corporation or partnership, or if the Operator does not personally manage the facility.
"Resident" - a person who lives in a MHCRF and has or should have a Room, Board and Care Agreement with the Owner.
"Resident's representative" -
"Restraint" - any manual method or physical or mechanical device, material, or equipment attached or adjacent to the resident's body that he or she cannot easily remove and that restricts his or her freedom of movement or normal access to his or her body. "Restraint" also includes a medication that is used in addition to or in place of the resident's regular, prescribed drug regimen to control extreme behavior during an emergency, but does not include medications that comprise the resident's regular, prescribed medical regimen and that are part of the resident's service plan, even if their purpose is to control ongoing behavior.
"Restricted license" - a license issued for not to exceed 90 days which permits operation of a MHCRF but includes restrictions on the facility's operations including a prohibition against the MHCRF accepting new residents or from delivering services that it would otherwise be authorized to deliver.
"Seclusion" - the involuntary confinement of a resident alone in a room or an area from which the resident is either physically prevented from leaving, or from which the resident is led to believe he or she cannot leave at will.
"Substantial compliance" - meets most important requirements of the rules, has only a small number of outstanding deficiencies, and is without deficiencies or violations that are life threatening, pose an immediate or serious danger to the residents or facility staff, or jeopardize public health, safety, or welfare.
"Trained Medication Employee" - an individual employed to work in a program, including a MHCRF, who has successfully completed a training program approved by the District of Columbia Board of Nursing and is certified to administer medication to MHCRF residents under the general supervision of a registered nurse licensed in the District of Columbia in accordance with Title 17 DCMR Chapter 61.
"Unlicensed person" - A person not licensed by one of the health occupation boards pursuant to the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq.), Chapter 12 of D.C. Official Code Title 3, who functions in a complementary or assistance role to licensed heath care professionals in providing direct patient care or in performing common nursing tasks. The term "unlicensed person" includes nurse aides, orderlies, assistant technicians, attendants, home health aides, personal care aides, medication aides, geriatric aides, or other health aides. The term "unlicensed person" also includes housekeeping, maintenance, and administrative staff or contractors who will foreseeably come in direct contact with patients.
"Unusual incident" - Any significant occurrence or extraordinary event different from the regular routine or established procedure that does not rise to the level of a MUI.
D.C. Mun. Regs. r. 22-A3899