D.C. Mun. Regs. tit. 22, r. 22-B9917

Current through Register Vol. 71, No. 52, December 27, 2024
Rule 22-B9917 - MANAGEMENT OF COMPLAINTS AND INCIDENTS
9917.1

Each home support agency shall develop and implement policies and procedures for receiving, processing, documenting, and investigating complaints and incidents.

9917.2

A complaint may be presented to the home support agency orally or in writing.

9917.3

A written summary of the complaint process shall be given to the client or client representative upon acceptance or denial of services.

9917.4

The telephone number of the Complaint Hotline maintained by the Department shall be posted in the home support agency's operating office in a place where it is visible to all staff and visitors.

9917.5

Each home support agency shall respond to each complaint received by it within fourteen (14) days of receipt, shall investigate the complaint as soon as reasonably possible, and shall, upon completion of the investigation, provide the complainant with the results of the investigation.

9917.6

If the client indicates that he or she is not satisfied with t he response, the home support agency shall respond in writing within thirty (30) days from the client's expression of dissatisfaction. The response shall include the telephone number and address of all District government agencies with which a complaint may be filed and the telephone number of the Complaint Hotline maintained by the Department.

9917.7

The home support agency shall report all incidents involving a client occurring in the presence of staff to the Department within forty-eight (48) hours in addition to other reporting requirements prescribed by law.

9917.8

The home support agency shall investigate all incidents. The home support agency shall forward a complete investigation report to the Department within thirty (30) days of the occurrence or of the date that the home support agency first became aware of the incident.

9917.9

Each home support agency shall develop and implement a system of documenting complaints and incidents, which shall reflect all complaint, incident, and investigative activity for each year, and which shall include, for each complaint or incident:

(a) The name, address and phone number of the complainant or client involved in the incident, if known;
(b) If the complaint is anonymous, a statement so indicating;
(c) The date on which the complaint is received or the incident occurred;
(d) A description of the complaint or incident, including the names of any staff involved;
(e) The date on which the investigation is completed;
(f) Whether the complaint is substantiated; and
(g) Any subsequent action taken as a result of the complaint or incident, and the date on which the action was taken.
9917.10

Each home support agency shall report any action taken by, or any condition affecting the fitness to practice o f, a registered nurse or home health aide that might be grounds for enforcement or disciplinary action under HORA or Home Health Aide Regulations of Chapter 93 of Title 17 DCMR to the Department within five (5) business days of the home support agency's receipt of the relevant information.

9917.11

The Department may receive and investigate a complaint alleging violation of any provision of this chapter and may investigate any incident.

9917.12

Based on a licensee's or applicant's violation of any provision of this chapter, the Department may initiate an enforcement action which may include license denial, license suspension, license summary suspension, or license revocation.

9917.13

As an alternative to denial, suspension, or revocation of a license when a home support agency has numerous deficiencies or a serious single deficiency with respect to the standards established under this chapter, the Director may:

(a) Issue a provisional license if the home support agency is taking appropriate ameliorative action in accordance with a mutually agreed upon timetable; or
(b) Issue a restricted license that prohibits the home support agency from accepting new clients or delivering certain specified services that it would otherwise be authorized to deliver, if appropriate ameliorative action is not forthcoming.
9917.14

A provisional or restricted issued under this section may be granted for a period not exceeding ninety (90) days, and may be renewed no more than once.

9917.15

When a provisional or restricted license has expired the Department may choose to initiate enforcement action in accordance with this section.

D.C. Mun. Regs. tit. 22, r. 22-B9917

Amended by Final Rulemaking published at 67 DCR 9476 (8/7/2020)