D.C. Mun. Regs. r. 22-A8007

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

Rule 22-A8007 - GENERAL MANAGEMENT AND ADMINISTRATION STANDARDS

8007.1

Each provider shall be a recognized legal entity in the District of Columbia and qualified to conduct business in the District. Evidence of qualification to conduct business includes a BBL and Clean Hands Certification issued by DCRA. The provider shall provide evidence of the BBL and Clean Hands Certification to the Department at certification and recertification.

8007.2

Each provider shall maintain the clinical operations, policies, and procedures described in this section. These operations, policies, and procedures shall be reviewed and approved by the Department during the certification and recertification process.

8007.3

All certified providers shall report to the Department in a form and manner prescribed by the Department's policy on major unusual incidents, including but not limited to abuse or neglect of individuals or any other event that may compromise the health, safety, or welfare of an individual.

8007.4

Each provider shall:

(a) Comply with all applicable Federal and District laws and regulations; and

(b) Hire personnel with the necessary qualifications to provide behavioral health stabilization services to meet the needs of individuals in crisis and the standards established in this chapter.

8007.5

All behavioral health stabilization programs shall operate twenty- four (24) hours per day, seven (7) days per week, year-round.

8007.6

Each provider shall have a clinical director responsible for the clinical direction and day-to-day delivery of clinical services provided to individuals of the program(s). The clinical director must be a clinician licensed to practice independently in the District of Columbia. The clinical director must be full-time, and able to supervise other clinical staff.

8007.7

The clinical director and/or a program director, depending on the provider needs, shall have authority and responsibility for the administration and day-to-day operation of the program(s).

8007.8

The program director shall devote adequate time and authority to ensure that service delivery complies with all applicable standards set forth in this chapter.

8007.9

Each provider shall establish and adhere to a Staff Selection Policy for selecting and hiring staff, which shall include but not be limited to:

(a) Evidence of licensure, certification, or registration, as applicable and as required by the job being performed;

(b) Evidence of an appropriate degree, training program, or credentials, such as academic transcripts or a copy of degree;

(c) Evidence of all required criminal background checks and child abuse registry checks (for both state of residence and employment). Non- licensed staff shall comply with the criminal background check requirements contained in District Official Code §§ 44-551et seq. and 22-B DCMR §§ 4700 et seq.;

(d) Evidence of quarterly checks to determine whether an individual should be excluded from participation in a Federal health care program as listed on the Department of Health and Human Services List of Excluded Individuals/Entities or the General Services Administration Excluded Parties List System, or any similar succeeding governmental list; and

(e) Evidence of a negative result on a tuberculosis test or medical clearance related to a positive result.

8007.10

Each provider shall establish and adhere to written job descriptions for all positions, including at a minimum the role, responsibilities, reporting relationships, and minimum qualifications for each position. The minimum qualifications established for each position shall be appropriate for the scope of responsibility and clinical practice (if any) described for each position.

8007.11

Each provider shall establish and adhere to a Performance Review Policy, which shall require a periodic evaluation of clinical and administrative staff performance, an assessment of clinical competence (if appropriate), general organizational work requirements, and key functions as described in the job description. The periodic evaluation shall also include an annual individual development plan for each staff member.

8007.12

Each provider shall establish and adhere to a supervision policy to ensure that services are provided according to this chapter and Department policies on supervision and service standards as well as Distract laws and regulations.

8007.13

Each provider shall establish and adhere to a training policy in accordance with § 8018 of this chapter.

8007.14

Personnel policies and procedures shall apply to all staff and volunteers and shall include:

(a) Compliance with Federal and District equal opportunity laws, including the Americans with Disabilities Act ( 42 USC § 12101 ) and the D.C. Human Rights Act (D.C. Official Code §§ 2-1401.1et seq.);

(b) A current organizational flow chart reflecting each program position and, where applicable, the relationship to the larger program or provider of which the program is a part;

(c) Written plans for developing, posting, and maintaining files pertaining to work and leave schedules, time logs, and on-call schedules for each functional unit, to ensure adequate coverage during all hours of operation;

(d) A written policy requiring that a designated individual be assigned responsibility for management and oversight of the volunteer program, if volunteers are utilized;

(e) A written policy regarding volunteer recruitment, screening, training, supervision, and dismissal for cause, if volunteers are utilized; and

(f) Provisions through which the program shall make available to staff a copy of the personnel policies and procedures.

8007.15

Providers shall develop and implement procedures that prohibit the possession, use, and distribution of controlled substances and alcohol by staff during their duty hours, unless medically prescribed and used accordingly. Staff possession, use, or distribution of controlled substances or alcohol during off duty hours that affects job performance shall be prohibited. These policies and procedures shall ensure that the provider:

(a) Provides information about the adverse effects of the non- medical use and abuse of controlled substances and alcohol to all staff;

(b) Initiates disciplinary action for the possession, use or distribution of controlled substances or alcohol, which occurs during duty hours or which affects job performance; and

(c) Provides information and assistance to any impaired staff member to facilitate his or her recovery.

8007.16

The provider shall maintain individual personnel records for each person employed by the provider including, at a minimum, the following:

(a) A current job description for each person, that is revised as needed;

(b) Evidence of a negative result on a tuberculosis test or medical clearance related to a positive result;

(c) Evidence of the education, training, and experience of the individual, and a copy of the current appropriate license, registration, or certification credentials (if any);

(d) Documentation that written personnel policies were distributed to the employee;

(e) Notices of official tour of duty: day, evening, night, or rotating shifts; payroll information; and disciplinary records;

(f) Documentation that the employee has received all health care worker immunizations recommended by the District of Columbia Department of Health; and

(g) Criminal background checks as required in Title 22-B, District of Columbia Municipal Regulation, §§ 4700 et seq. and 22-B DCMR §§ 4700 et seq.

8007.17

The provider shall maintain all personnel records during the course of an individual's employment with the provider and for three (3) years following the individual's separation from the provider.

D.C. Mun. Regs. r. 22-A8007

Final Rulemaking published at 68 DCR 1623 (2/5/2021)