4104.1No person shall increase, decrease, or redistribute among health service categories the bed capacity of a HCF by ten percent (10%) or ten (10) beds, whichever is less, in any two (2) year period.
4104.2The distribution of bed types shall use the following categories:
(c) Obstetrics-gynecology;(d) Obstetrics-gynecology;(e) Normal nursery and neonatal intermediate care;(f) Neonatal Intensive care;(h) Alcoholism, chemical dependency;(j) Extended acute long-term care;(k) Medical-surgical or skilled nursing;(n) Skilled nursing or intermediate care (swing in a facility licensed as both a SNF and ICF).4104.3A person may lawfully close a bed without obtaining a CON under the following circumstances:
(a) A HCF has not staffed or otherwise held the bed ready for immediate use by patients for twelve (12) consecutive months; and(b) The bed, when taken together with the sum of all other beds closed and opened does not represent a net change of more than ten (10) beds or ten percent (10%) of the total number of beds authorized in the HCF or particular service during the twenty-four (24) month period preceding the closure.4104.4The date on which the HCF removes the last patient from a recognized unit shall begin the consecutive twelve (12) month period under Subsection 4104.3(a) for every bed in the unit proposed for closure.
4104.5Reopening one (1) or more beds by re-staffing it and otherwise holding it ready for immediate use, while at the same time removing staff and otherwise removing the same or a similar number of other beds of the same general type from immediate use by patients shall not constitute the beginning of another consecutive twelve (12) month period.
4104.6Rotating short-term suspensions of individual beds or units shall not be used to circumvent the consecutive twelve (12) month period specified in Subsection 4104.3(a).
D.C. Mun. Regs. tit. 22, r. 22-B4104
Final Rulemaking published at 29 DCR 5569 (December 17, 1982), enacting Proposed Rulemaking published at 29 DCR 4742 (October 29, 1982); as amended by Final Rulemaking published at 61 DCR 1666 (February 28, 2014)Authority: § 22 of the Health Services Planning Program Re-establishment Act of 1996 (Act), effective April 9, 1997 (D.C. Law 11-191; D.C. Official Code § 44-421 (2012 Repl.)).