D.C. Mun. Regs. tit. 29, r. 29-401

Current through Register 71, No. 45, November 7, 2024
Rule 29-401 - STATEWIDE HEALTH PLANNING AND DEVELOPMENT AGENCY (SHPDA)
401.1

Within DHS, the D.C. State Health Planning and Development Agency (also referred to in this chapter as "SHPDA") shall perform all functions mandated by Public Law 93-641.

401.2

The SHPDA shall review and approve or disapprove proposed uses of federal funds under the Public Health Service Act; the Community Mental Health Centers Act; and the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 for grants, contracts, loans, or loan guarantees for the development and expansion, or support of health resources by any entity other than the District government; and §§ 409 and 410 of the Drug Abuse Office and Treatment Act of 1972.

401.3

The SHPDA shall maintain a list of specific programs subject to review and shall update that list from time to time as changes are made in federal programs subject to review.

401.4

The SHPDA shall also review and approve or disapprove each proposed use of federal funds made available by the District government from an allotment contract or grant to the city under any of the Acts referred to in § 401.2 for grants or contracts for the development, expansion, or support of health resources.

401.5

Grants, contracts, loans, or loan guarantees made directly by the Secretary of DHHS, to applicants within the District from allotments to the District covered in § 401.3 shall also be subject to SHPDA review.

401.6

The SHCC may review annually and recommend to the Secretary of DHHS approval or disapproval of the following:

(a) Any State plan and any application (and any revision of a state plan or application) submitted to the Secretary of DHHS as a condition to the receipt of any funds under allotments made to the District under the Public Health Service Act, the Community Mental Health Centers Act, §§ 409 and 410 of the Drug Abuse Office and Treatment Act of 1972; or the Comprehensive Alcohol Abuse and Alcoholism Prevention Treatment and Rehabilitation Act of 1970; and
(b) Any application (or any revision of an application) submitted to the Secretary of DHHS by the District for a grant or contract under any provision of the laws referred to § 401.6(a) for projects in the District.
401.7

The SHPDA shall afford the SHCC a reasonable opportunity to review and comment on the approval or disapproval of proposed uses of those federal funds subject to review by the SHPDA and as specified in this section.

401.8

The solicitation of SHCC comments on funds under § 401.7 shall be consistent with the provisions of § 419 of this chapter; Provided, that the SHCC shall make its recommendations to the SHPDA Director for those uses of federal funds not covered under the SHCC's review and approval authority as specified in § 401.6.

401.9

If questions arise respecting the reviewability of proposed uses of federal funds identified in §§ 401.1 through 401.3 and § 401.6, either the applicant or the SHPDA may request the federal funding agency to determine whether any particular proposed use of federal funds is subject to review and approval or disapproval by the SHCC or SHPDA.

401.10

In accordance with 42 CFR 122.404(c), if a federal funding agency concludes on its own initiative that a particular proposed use of federal funds in a program covered generally under §§ 401.1 through 401.3 and § 401.6 are not subject to review and approval or disapproval by the SHCC or SHPDA, it shall promptly notify the applicant and the SHPDA of that determination. In such cases, the SHPDA shall not conduct a review of the proposed uses of Federal funds.

D.C. Mun. Regs. tit. 29, r. 29-401

Final Rulemaking published at 28 DCR 1086 (March 13, 1981)
The Public Health Service Act is codified at 42 U.S.C. §§ 201 et seq. The Community Mental Health Centers Act, formerly codified at 42 U.S.C. §§ 2689 et seq., was repealed by Pub. L. No. 97 35, tit. IX, § 902(e)(2)(B), (95 Stat. 560), August 13, 1981. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 is codified at 42 U.S.C. §§ 4541 et seq. The Drug Abuse Office and Treatment Act of 1972 was redesignated the Drug Abuse Prevention, Treatment, and Rehabilitation Act, and is codified generally at 21 U.S.C. §§ 1101 et seq.