D.C. Mun. Regs. tit. 22, r. 22-A3004

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 22-A3004 - CERTIFICATION REQUIREMENTS: GENERAL
3004.1

The purpose of certification is to ensure that FSMHC have the necessary qualifications and capacity to provide high quality mental health services to District residents.

3004.2

The FSMHC shall conform with Federal and local laws and regulations pertaining to health and fire safety, drug procurement and distribution, disposal of medications and controlled substances, building construction, maintenance and equipment standards, sanitation, and communicable and reportable diseases.

3004.3

The FSMHC setting shall have sufficient and appropriate office space to conduct individual and group interventions including intake, therapy, and assessment in such way that the confidentiality of the consumer is maintained and preserved.

3004.4

The FSMHC shall operate and provide services in accordance with all applicable provisions of the D.C. Human Rights Act, effective June 28, 1994 (D.C. Law 2-38; D.C. Official Code§§ 2-1401.01, et seq.).

3004.5

The FSMHC shall ensure that all services, as set forth in §§ 3010.8 of this chapter, are provided by or under the direction of a psychiatrist. Health Home services provided by a FSMHC shall be provided in accordance with requirements set forth in 29 DCMR §§ 6900 et seq. and 22-A DCMR §§ 2500 et seq.

3004.6

The FSMHC shall comply with its Medicaid Provider Agreement and provide services to all eligible consumers who have been determined by the independently licensed behavioral health practitioner to be clinically appropriate to receive services in an outpatient mental health setting.

3004.7

The FSMHC shall comply with all requirements of the Health Insurance Portability and Accountability Act (HIPAA) and its implementing regulations, and the D.C. Mental Health Information Act (MHIA), effective March 3, 1979 (D.C. Law 2-136; D.C. Official Code§§ 7-1201.01).

3004.8

The FSMHC shall have the technological and administrative capacity to electronically submit claims to DHCF, the Department, and third-party payers.

3004.9

The FSMHC shall provide evidence of Commercial General Liability insurance coverage of at least one million ($1,000,000.00) per occurrence limits, three million ($3,000,000.00) aggregate; Bodily Injury and Property Damage including: premises-operations; broad form property damage, Products and Advertising Injury; contractual liability and independent providers. The provider shall maintain Completed Operations coverage for five (5) years following final acceptance of the work performed.

3004.10

The FSMHC shall electronically transmit Behavioral Health Supplemental Data (BHSD) to the Department in a form and manner as prescribed by the Department. BHSD is a compilation of individual-level behavioral health data defined in the Department's Integrated Technology Engine (ITE) Provider Companion Guide (available at https://dbh.dc.gov/).

3004.11

The FSMHC shall timely transmit BHSD to the Department pursuant to the procedure established in the ITE through the Electronic Health Record (EHR) system.

3004.12

The Department shall provide notice of any future updates to the ITE Guide through https://dbh.dc.gov/.

D.C. Mun. Regs. tit. 22, r. 22-A3004

Final Rulemaking published at 67 DCR 11929 (10/16/2020); amended by Final Rulemaking published at 71 DCR 14542 (11/29/2024)