3852.1 Each MHCRF shall ensure that:
(a) Every person who provides direct services to residents at the MHCRF or who regularly visits the MHCRF is properly screened to ensure he or she meets the requirements of § 3850 and that all credentials are documented and current, except that the MHCRF shall not be required to review the credentials of Department or certified CSA personnel who may periodically visit and provide services at the facility;(b) Qualified staff, who are employed by and responsible to the Operator, are on site at the MHCRF twenty-four (24) hours a day, and that the MHCRF is properly supervised by competent staff at all times. These staff shall be capable of recognizing visible changes in each resident's physical and mental condition and taking responsible action in the case of an emergency;(c) The MHCRF maintains staffing ratios and staff qualifications consistent with: (1) Its designated licensure category as set forth in §§ 3857, 3858, 3859 and 3860;(2) The terms of any current contract with the Department for residential services; and(3) The needs of the residents as determined by a needs-assessment conducted using a Department-selected assessment instrument;(d) Its Residence Director is responsible for the overall management and operation of not more than five (5) MHCRFs housing not more than a total of thirty (30) residents, or such lesser number of MHCRFs and residents as may be required by contract with DBH;(e) Volunteers, home health aides, personal care aides reimbursed by Medicaid, and any other persons not employed by the MHCRF are not used as substitutes for MHCRF staff and are not left in charge of the facility;(f) Home health aides or personal care aides assigned to individual residents are not directed to perform and do not perform general staff duties at the facility;(g) Employees and volunteers providing services at the MHCRF are properly supervised, trained, and directed in applying MHCRF policies and procedures, including the MHCRF Emergency Preparedness Plan, COOP, health care emergency procedures, and the requirements of this chapter;(h) The facility is in compliance with District and federal wage and hour laws and staffing is adequate to ensure that no staff member is required to work an unreasonable number of hours without appropriate relief or staff rotation;(i) Staff require each person, other than a resident, who enters or leaves the facility, to sign in and sign out, with his or her name, title, reason for visiting and time in and out. 3852.2 Staff shall be on-site and provide supervision, meals, and assistance with the tasks of daily living to the residents. On-site staff shall also ensure the overall health, safety, and welfare of the residents.
3852.3 The MHCRF shall not require residents to attend day programs or activities or be absent from the MHCRF during the day. Residents shall be permitted to remain in the MHCRF, work, or participate in a structured day program or other daily activity.
3852.4 Each person who requires licensure, certification, or registration to provide care to residents shall be licensed, certified, or registered under the laws and regulations of the District.
3852.5 Each employee shall be assigned duties consistent with his or her license, job description, training, and experience.
D.C. Mun. Regs. tit. 22, r. 22-A3852
Final Rulemaking published at 64 DCR 1633 (2/16/2018)