D.C. Mun. Regs. r. 22-A8002
The Department shall utilize the certification process to thoroughly evaluate the applicant's capacity to provide high quality behavioral health stabilization services in accordance with this chapter and the needs of the District's behavioral health system.
Each applicant seeking certification as a provider shall submit a certification application to the Department. A certified provider seeking renewal of certification shall submit a certification application at least ninety (90) calendar days prior to expiration of its current certification. The certification of a provider that has submitted a timely application for renewal of certification shall continue until the Department renews or denies renewal of the certification application.
An applicant may apply for certification for one (1) or more of the following program types:
Certification shall be considered terminated if the provider:
Upon receipt of a certification application, the Department shall review the certification application to determine whether it is complete. If a certification application is incomplete, the Department shall return the incomplete application to the applicant. An incomplete certification application shall not be regarded as a certification application. The Department shall not take further action to issue certification unless a complete certification application is submitted within ninety (90) calendar days prior to the expiration of the applicant's current certification.
At the time of initial certification and certification renewal, the Department shall conduct an on-site survey of the applicant's facility, services, and activities to determine whether the applicant satisfies all the certification standards in this chapter. The Department shall have access to all records necessary to verify compliance with certification standards and may conduct interviews with staff, others in the community, and individuals served. Nothing in this section shall limit the Department's right to conduct on-site surveys at any other time during the certification period.
Applicant or provider interference with the on-site survey, submission of false or misleading information, or lack of candor by the applicant or provider shall be grounds for an immediate suspension of any prior certification, or denial of a new certification application.
A Statement of Deficiency ("SOD") is a written notice to a provider identifying non-compliance with certification standards. The intent of the SOD is to provide existing certified providers with an opportunity to correct minor deficiencies to avoid decertification and disruption of service.
When utilized, the SOD shall describe the areas of non-compliance, suggest actions needed to bring operations into compliance with the certification standards, and establish a timeframe of no more than ten (10) business days for the provider's submission of a written Corrective Action Plan ("CAP"). The issuance of an SOD is a separate process from the issuance of a Notice of Infraction ("NOI"). The Department shall issue NOIs promptly upon observation of violations of this chapter, especially when they are recurrent, endanger individual or staff health or safety or when there is a failure to comply with core requirements of operating a behavioral health stabilization program.
The Department is not required to utilize the SOD process. The Department may immediately deny certification or re-certification or proceed with decertification.
A certified provider's CAP shall describe the actions to be taken and specify a timeframe for correcting the areas of non-compliance. The provider shall submit the CAP to the Department within ten (10) business days after receipt of the SOD from the Department, or sooner if specified in the SOD.
The Department shall notify the certified provider whether the provider's CAP is accepted within ten (10) business days after receipt. The Department shall utilize the SOD process at any time to address a certified provider's violation(s) of this chapter.
The Department may only issue its renewal after the Department verifies that the certified provider has remediated all of the deficiencies identified in the CAP and meets all the certification standards in this chapter.
The Department may grant full or provisional certification to an applicant after conducting on-site surveys and reviewing application materials. A determination to grant full certification to a provider or program shall be based on the Department's review and validation of the information provided in the application, as well as facility inspection findings, CAPs, and the provider or program's compliance with this chapter.
The Department may grant provisional certification to a new provider or program that demonstrates substantial compliance with the certification requirements in this chapter and (a) has not previously held any certification issued by the Department or (b) is in the process of securing a facility within the District at the time of application.
Provisional certification shall not exceed a period of six (6) months and may be renewed only once for an additional period not to exceed ninety (90) calendar days.
Full Certification as a behavioral health stabilization provider shall be for one (1) calendar year for new applicants and two (2) calendar years for existing providers seeking renewal of certification. Certification shall start from the date of issuance of certification by the Department, subject to the provider's continuous compliance with these certification standards. Certification shall remain in effect until it expires, is renewed or is revoked pursuant to this chapter. The certification shall specify the effective date of the certification, the program(s), and services that the provider is certified to provide.
The provider shall notify the Department within forty-eight (48) hours of any changes in its operation that affect the provider's continued compliance with these certification standards, including but not limited to changes in ownership or control, changes in service, and changes in its affiliation and referral arrangements.
Prior to adding a new program during the term of certification, the provider shall submit a certification application describing the program. The Department may certify a provider to provide the new program and its required services after the Department determines that the provider is in compliance with the certification standards under this chapter.
A provider that applies for certification during an open application period as published in the District of Columbia Register may appeal the denial of certification under this subsection by utilizing the procedures contained in § 8004. The Department shall not accept any applications for which a notice of moratorium is published in the District of Columbia Register.
In the event that a certification application is under review while a moratorium is put in place, the Department will continue to process the application for a time period of no more than thirty (30) calendar days. If, after thirty (30) calendar days, the application is deemed incomplete, the provider will be granted ten (10) business days to resolve all items of incompletion. Any items not resolved or provided by the due date will result in the incomplete application being returned to the applicant. The Department will take no further action to issue certification. The applicant must then wait until the moratorium is lifted to submit any subsequent certification application.
Nothing in these rules shall be interpreted to mean that certification is a right or an entitlement. New certification as a provider depends upon the Director's assessment of the need for additional providers(s) and availability of funds.
Certification shall be limited to the applicant granted the certification and shall be limited to the location and programs as indicated on the certificate. Certification is not transferable to any other organization.
Written notice of any change in the name or ownership of a provider or program owned by an individual, partnership, or association, or in the legal or beneficial ownership of ten percent (10%) or more of the stock of a corporation that owns or operates a provider or program, shall be given to the Department at least thirty (30) calendar days prior to the change in ownership.
The provider shall notify the Department in writing thirty (30) calendar days prior to implementing any of the following operational changes, including all aspects of the operations materially affected by the changes:
A provider shall forward to the Department within thirty (30) calendar days all inspection reports conducted by an oversight body and all corresponding corrective actions taken regarding cited deficiencies.
A provider shall immediately report to the Department any criminal allegations involving provider staff or volunteers.
Existing behavioral health stabilization programs applying for re-certification shall provide proof of current Basic Business Licenses ("BBL"(s)) issued by the Department of Consumer and Regulatory Affairs ("DCRA") as described in § 8007.
All providers shall obtain a National Provider Identification (NPI) number for itself and all personnel performing Chapter 80 services through the provider. All providers shall register itself and all personnel performing Chapter 80 services with the Department of Health Care Finance's designated information system prior to billing for services.
D.C. Mun. Regs. r. 22-A8002