3805.1 An application for licensure as a MHCRF shall be submitted in the name of the Operator, who shall have an ownership or leasehold interest in the real property where the MHCRF will be located. The application shall be in the format established by the Department. If the Operator is a corporation or agency, the Applicant shall designate an officer or director who shall act on behalf of the corporation or agency for all matters pertaining to licensure. If the Operator is a partnership, the application shall identify all partners and the designated authorized agent for the partnership.
3805.2 An application for initial licensure as a MHCRF shall be submitted to the Director at least thirty (30) days prior to the date that the Operator intends to begin operations. A renewal application shall be submitted in accordance with § 3813.
3805.3 The application shall include:
(a) The Applicant's name, address, telephone number, e-mail address, Social Security number or federal tax identification number, birth date (or date and state of incorporation), and whether the Applicant is an individual, partnership, or corporation;(b) The identity of the owner, and contact information, of the building in which the facility is located;(c) The identity of the Residence Director for the facility, including Social Security number and birth date, if the Operator will not be personally managing the facility or if the Operator is a corporation, agency, or partnership;(d) The names of the persons submitting the letters of reference for the Operator and Residence Director required by § 3805.4(a);(e) Requested information pertaining to the building in which the facility will be operated including its address;(f) The maximum number of beds at the facility;(g) All documentation required under § 3805.4;(h) Any additional information requested by the Director on the application form, including information specific to an SR, SRR, IR, or SR -Transitional;(i) The signature of the Applicant or a legally authorized signatory of the Applicant if the Applicant is a corporation, agency or partnership; and (j) The license fee required by § 3802.3805.4 The application for licensure shall be accompanied by the following documents:
(a) Three (3) letters of reference on a form prescribed by the Department for the Operator and for any Residence Director of the facility. The letters of reference shall be from unrelated persons who have known the Operator or Residence Director for five (5) years or more and can verify their experience working with persons who are mentally ill;(b) Documentation of required education, experience, training, and certifications for the Operator and Residence Director, as set forth in §§ 3850 and 3851;(c) A Certificate of Incorporation or Certificate of Authority for corporations or documentation of appropriate partnership registration with the DCRA Corporations Division, as applicable;(d) An original, current Certificate of Good Standing for a corporation;(e) Verification of required insurance coverage from the company or broker providing insurance, including the dates of coverage and the specific coverage provided;(f) Verification of compliance with criminal background check requirements, as set forth in §§ 3850.10 through 3850.14, conducted within forty-five (45) days prior to commencing work at the facility for each "unlicensed person" as defined in this chapter, including an Operator, Residence Director, employee, contract worker or volunteer, who, upon licensure of the facility, will work in the facility or have unsupervised access to the facility and residents.(g) A copy of a valid Certificate of Occupancy from DCRA for any MHCRF that will house more than six (6) residents;(h) Proof of a satisfactory pre-licensure inspection and approval by DCRA (and FEMSD as applicable) for Housing Code and Construction Codes compliance, including a copy of the inspection report and proof of abatement by DCRA and FEMSD of all deficiencies identified during the inspection(s). The approval shall be dated not more than forty-five (45) days prior to the date of submission. The pre-licensure inspection(s) shall demonstrate compliance with requirements of the Housing Code and Construction Codes, specifically including the Property Maintenance Code and Fire Prevention Code requirements applicable to a community residence facility;(i) Copies of all building, electrical, plumbing, or other permits and approvals required by DCRA under the Construction Codes for new construction, renovations, repairs, or other work conducted at the facility within the twelve (12) months prior to applying for licensure; (j) A Clean Hands Certification on a form prescribed by DCRA;(k) A statement from the Office of Tax and Revenue that the Applicant does not owe taxes in excess of one hundred dollars ($100.00) or has entered into an approved payment plan, pursuant to the Clean Hands Act;(l) Proof of the Applicant's ownership of the premises where the facility will be located or, if the building is not owned by the Applicant, a copy of a current lease agreement for the building naming the Applicant as lessee and authorizing operation of a community residence facility; (m) A copy of the standard residency contract for room, board, and care to be signed by the MHCRF and the resident, prepared in accordance with § 3824;(n) A copy of the house rules for the facility prepared in accordance with § 3823.29;(o) A Program Statement as described in § 3805.6;(p) An Emergency Preparedness Plan, Continuity of Operations Plan, and health-related emergency policies and procedures as described in § 3805.7;(q) A current staffing pattern on a form prescribed by the Department and signed by the Applicant;(r) Documentation of required medical examinations and vaccinations, criminal background check, and education, experience, and training certifications for each staff person who will be working in the facility upon licensure, as provided in § 3850; and(s) Proof that utility accounts are in the name of the Applicant, including water, heat, electricity, telephone, and internet service, and that payments are current where Applicant has had prior service at the facility. 3805.5 The Department in its sole discretion may accept and review a license application for a MHCRF prior to receiving documents required pursuant to §§ 3805.4(q) and (r), and may authorize the Applicant to provide the staffing pattern and documentation of staff eligibility after the Department has determined that the Applicant has satisfied the other licensure requirements set forth in §§ 3805.3 and 3805.4.
3805.6 Each Applicant shall submit a written Program Statement, on a form prescribed by the Director, which shall include a description of the following:
(a) The MHCRF's program and facilities, including any population-specific programs ;(b) The services provided;(c) The internal process for resident grievances which shall conform to the Department's grievance regulations;(d) The monthly rental fee for room, board, and care, and any fees or charges not included in the monthly rental fee;(e) The payment and refund policies;(f) The group or groups of persons to be served, including any gender, age, health, or language characteristics, and the justification for any limitations described;(g) Admission and discharge criteria ;(h) Transition planning provided to residents to assist in moving to a lower level of care; and(i) A description of any services provided by independent contractors.3805.7 The Application shall also include a copy of:
(a) The Emergency Preparedness Plan required by § 3833 and FEMSD;(b) A Continuity of Operations Plan (COOP), to include a description of equipment, appliances, special supplies, and procedures that the MHCRF has in place to address extended power outages, heat emergencies, natural disasters, or other situations not addressed in the FEMSD approved plan. The MHCRF shall review and update, as necessary, the COOP annually and provide a copy to the Department at the time of licensure renewal and upon request. The COOP shall include provisions and emergency supplies for the MHCRF to remain in operation during the emergency, as well as procedures for emergency evacuation and temporary relocation of residents; and(c) Written policies and procedures governing the care of residents in health-related emergencies, including a communicable disease episode, food poisoning outbreak, critical illness or death of a resident, or a change in the mental status of a resident that endangers himself, herself, or others.3805.8 The Director will review each application for a MHCRF license for completeness and submission of the required documents and fee. The Director may request additional information in order to evaluate the applicant's eligibility for a license.
3805.9 The Director may terminate review of an application that is incomplete, is not accompanied by the required fee, or is not accompanied by all required documents. The Director shall provide the Applicant with written notice stating why review has been terminated.
3805.10 The Director shall conduct background checks on the Applicant, which may include the officers, directors, or partners of a corporation, agency, partnership, or employees to determine the Applicant's suitability or capability to operate a MHCRF. Background checks may include:
(a) Verification of professional or occupational licensure status (if applicable);(b) Verification of training, educational credentials, and certifications;(c) Contacts with District and other state or federal officials to determine the existence and content of outstanding warrants, complaints, criminal convictions, debts to District government, and records of civil actions or judgments; and(d) Review of the record of regulatory compliance for other businesses owned or operated by the Applicant that provide residences, room or board, or involve care of vulnerable persons.3805.11 Notwithstanding Subsection 3825.5, the Director may approve licenses for single sex, age specific, or other specific populations, such as the hearing impaired, where the MHCRF program is necessary to meet the special needs of the population and will not unfairly limit choices for other individuals seeking a MHCRF placement.
3805.12 At the time of license application, or renewal application, the MHCRF shall pay any outstanding Notice of Infraction (NOI) fines.
D.C. Mun. Regs. tit. 22, r. 22-A3805
Final Rulemaking published at 64 DCR 1633 (2/16/2018)