D.C. Mun. Regs. r. 22-A8099

Current through Register Vol. 71, No. 25, June 21, 2024
Rule 22-A8099 - DEFINITIONS

Assertive Community Treatment Provider ("ACT provider") - A Department-certified provider that has entered into a Human Care Agreement with the Department to provide Assertive Community Treatment services in accordance with the requirements of 22-A DCMR Chapter 34.

Advanced Practice Registered Nurse ("APRN") - A person licensed or authorized to practice as an advanced practice registered nurse pursuant to the District of Columbia Health Occupations Revisions Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

Affiliation Agreement - A legal agreement between a provider and another entity that describes how they will work together to benefit individuals served.

Aftercare Plan - A plan developed with an individual and their treatment team to identify goals and action steps the individual can use to move forward once they leave treatment services.

Applicant - A program that has applied to the Department for certification as a behavioral health stabilization provider.

Assessment - A process that gathers information and engages with the individual to enable the provider to determine the presence or absence of a mental health or substance use condition or co-occurring disorder.

Behavioral Health Crisis - An unplanned event during which an individual struggles to manage their psychiatric or substance use related symptoms without de-escalation or other intervention. Also includes situations in which an individual's daily life challenges result in or put them at risk of an escalation in symptoms.

Certification - The process of establishing that the standards described in this chapter are met; or approval from the Department indicating that an applicant has successfully complied with all requirements for the operation of a behavioral health stabilization program in the District.

Certified Addiction Counselor ("CAC") - A person certified to provide SUD counseling services in accordance with Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

Certified Peer Specialist - An individual who has completed the Peer Specialists Certification Program requirements and is approved to deliver Peer Support Services within the District's public behavioral health network.

Certified Recovery Coach - A Certified Recovery Coach is an individual with any Department-approved recovery coach certification.

Child and Family Services Agency ("CFSA") - The District agency responsible for the coordination of foster care, adoption, and child welfare services and services to protect children against abuse or neglect.

Clinician - Individuals licensed by the District Department of Health, Health Regulation and Licensing Administration ("HRLA") to provide clinical services.

Clubhouse Provider - A Department-certified provider that has entered into a Human Care Agreement with the Department to provide Clubhouse services in accordance with the requirements of 22-A DCMR Chapter 34 and 22-A DCMR Chapter 39.

Communicable Disease - Any disease as defined in Title 22-B, § 201 of the District of Columbia Municipal Regulations ("DCMR").

Community Based Intervention Provider ("CBI provider") - A Department-certified provider that has entered into a Human Care Agreement with the Department to provide Community Based Intervention services in accordance with the requirements of 22-A DCMR Chapter 34.

Continuity of Care Plan - A plan that provides for the ongoing care of individuals in the event that a certified provider is no longer able to provide adequate care.

Core Services Agency ("CSA") - A Department-certified MHRS provider that has entered into a Human Care Agreement with the Department to provide specific MHRS in accordance with the requirements of 22-A DCMR Chapter 34.

Credentialed Staff - Non- licensed staff who are permitted to provide behavioral health stabilization services or components of behavioral health stabilization services if under the supervision of an independently licensed practitioner in accordance with applicable laws and regulations.

Crisis - An event that significantly jeopardizes an individual's treatment, recovery, health, or safety.

Department - The District of Columbia Department of Behavioral Health.

Director - The Director of the District of Columbia Department of Behavioral Health.

Discharge - The time when an individual's active involvement with a program is terminated.

Discharge Planning - Activities with or on behalf of an individual to arrange for appropriate follow- up care to sustain recovery after being discharged from a program, including educating the individual on how to access or reinitiate additional services, as needed.

District - The District of Columbia.

Drug - Substances that have the likelihood or potential to be misused or abused, including alcohol, prescription drugs, and nicotine.

Facility - Any physical premises which houses one (1) or more behavioral health stabilization programs.

Family Member - A person with whom the individualin/seeking treatment has a significant relationship and whose participation is important to the individual's recovery.

Full-Time - An individual employed on average at least thirty (30) hours per week.

Human Care Agreement ("HCA") - A written agreement entered into by the certified behavioral health stabilization provider and the Department which establishes a contractual relationship between the parties.

Licensed Graduate Professional Counselor ("LGPC") - A person licensed as a graduate professional counselor in accordance with Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

Licensed Graduate Social Worker ("LGSW") - A person licensed as a graduate social worker in accordance with Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

Licensed Independent Clinical Social Worker ("LICSW") - A person licensed as an independent clinical social worker in accordance with Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

Licensed Independent Social Worker ("LISW") - A person licensed as a licensed independent social worker in accordance with Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

Licensed Marriage and Family Therapist ("LMFT") - A person licensed as a marriage and family therapist in accordance with Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

Licensed Practical Nurse ("LPN") - A person licensed as practical nurse in accordance with Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

Licensed Professional Counselor ("LPC") - A professional counselor licensed in accordance with Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

Major Unusual Incidents ("MUI") - Adverse events that can compromise the health, safety, and welfare of persons; employee misconduct; fraud; and actions that are violations of law and policy.

Medicaid - The medical assistance program, as approved by the Federal Centers for Medicare and Medicaid Services ("CMS") and administered by DHCF, that enables the District to receive Federal financial assistance for its medical assistance program and other purposes as permitted by law.

Medical Necessity (or Medically Necessary) - Health care services or products that a prudent provider would provide to an individual to prevent, diagnose, or treat an illness, injury, disease, or its symptoms in a manner that is: (a) in accordance with generally accepted standards of health care practice; (b) clinically appropriate in terms of type, frequency, extent, site, and duration; and (c) not primarily for the economic benefit of the health plans and purchasers or for the convenience of the individual or treating provider.

Medical Waste - Any solid waste that is generated in the diagnosis, treatment, or immunization of human beings or in the testing of biologicals, including but not limited to: soiled or blood-soaked bandages, needles used to give shots or draw blood, and lancets.

Mental Health Rehabilitation Services ("MHRS") - The Department's rehabilitative services as covered by the District's Medicaid State Plan.

Mental Illness - A diagnosable mental, behavioral, or emotional disorder (including those of biological etiology) which substantially impairs the mental health of the person or is of sufficient duration to meet diagnostic criteria specified within the most recent Diagnostic and Statistical Manual ("DSM") or its most recent International Classification of Diseases equivalent.

Mobile Crisis Intervention - A home- or community-based service that addresses a behavioral health crisis by using therapeutic communication, interactions, and supporting resources to interrupt and/or ameliorate acute behavioral health distress and associated behaviors.

Notice of Infraction ("NOI") - An action taken by agencies to enforce alleged violations of regulatory provisions.

Organizational Onboarding - Mechanism through which new employees acquire the necessary knowledge, skills, and behaviors to become effective performers. It begins with recruitment and includes a series of events, one (1) of which is employee orientation, which helps new employees understand performance expectations and contribute to the success of the organization.

Parent - A person who has custody of a child such as a natural parent, stepparent, adopted parent, or a person who has been appointed as a guardian for the child by a court of competent jurisdiction.

Pharmacist - A person licensed or authorized to practice pharmacy pursuant to Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

Physician - A person licensed or authorized to practice medicine pursuant to Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

Physician Assistant - A person licensed or authorized to practice as a physician assistant pursuant to Health Occupations Revision Act of 1985, effective

March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

Privacy Officer - A person designated by an organization that routinely handles protected health information, to develop, implement, and oversee the organization's compliance with the U.S. Health Insurance Portability and Accountability Act ("HIPAA") privacy rules, 42 CFR Part 2, and the District's Mental Health Information Act.

Program - An entity that provides behavioral health stabilization services as certified by the Department.

Program Director - An individual having authority and responsibility for the day-today operation of a behavioral health stabilization program.

Protected Health Information ("PHI") - Any written, recorded, electronic ("ePHI"), or oral information which either (1) identifies, or could be used to identify, an individual; or (2) relates to the physical or mental health or condition of an individual, provision of health care to an individual, or payment for health care provided to an individual. PHI does not include information in the records listed in 45 CFR § 160.103.

Provider - An entity certified by the Department to administer behavioral health stabilization programs.

Psychiatrist - A person licensed as a psychiatrist in accordance with Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

Psychologist - A person licensed to practice psychology in accordance with applicable District laws and regulations.

Psychology Associate - A person registered as a psychology associate in accordance with applicable laws and regulations.

Qualified Practitioner - Staff authorized to provide treatment and other services based on the definition of the service.

Registered Nurse ("RN") - A person licensed as a registered nurse in accordance with Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

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.

Residential Program - Any behavioral health stabilization program which houses individuals overnight; this includes CPEPs and psychiatric crisis stabilization programs.

Screening - A determination of the likelihood that an individual has co-occurring substance use and mental disorders or that their presenting signs, symptoms, or behaviors may be influenced by co-occurring issues. Screening is a formal process that typically is brief and occurs soon after the individual presents for services.

Statement of Deficiencies ("SOD") - A written statement of non-compliance issued by the Department, which describes the areas in which an applicant for certification or the certified provider fails to comply with the certification standards pursuant to this chapter.

Substance Use Disorder ("SUD") - A chronic relapsing disease characterized by a cluster of cognitive, behavioral, and psychological symptoms indicating that the individual continues using a substance despite significant substance-related problems. A diagnosis of SUD requires an individual to have had persistent, substance related problem(s) within a twelve (12)- month period in accordance with the most recent version of the DSM.

Treatment - A therapeutic effort to improve an individual's cognitive or emotional conditions or the behavior of an individual, consistent with generally recognized principles or standards in the behavioral health stabilization field, provided or supervised by a Qualified Practitioner.

D.C. Mun. Regs. r. 22-A8099

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