D.C. Mun. Regs. tit. 22, r. 22-A6303
The Department utilizes the certification process to thoroughly evaluate an applicant's capacity to provide high quality SUD services in accordance with this regulation and the needs of the District's behavioral health system. Each applicant seeking certification as a provider shall submit a certification application to the Department. A certified provider seeking renewal of certification shall submit a certification application at least ninety (90) calendar days prior to the termination of its current certification. The certification of a provider that has submitted a timely application for renewal of certification shall continue until the Department renews or denies renewal of the certification application.
An applicant may apply for certification for one or more of the following Levels of Care("LOC"):
Providers may also be certified to provide one or more of the following specialty services based on their LOC certifications from the Department:
All certified providers, except those only certified as Level- R, shall provide all of the following core services according to the requirements of this chapter and the individual needs of the client as outlined in the Plan of Care:
Certification shall be considered terminated if the provider:
Upon receipt of a certification application, the Department shall review the certification application to determine whether it is complete. If a certification application is incomplete, the Department shall return the incomplete application to the applicant. An incomplete certification application shall not be regarded as a certification application. The Department shall not take further action to issue certification unless a complete certification application is submitted within ninety (90) calendar days prior to the expiration of the applicant's current certification.
Following the Department's acceptance of the certification application, the Department shall determine whether the applicant's facility, services and activities meet the certification standards described in this chapter. The Department shall conduct an on-site survey of the applicant's facility, services, and activities to determine whether the applicant satisfies all the certification standards. The Department shall have access to all records necessary to verify compliance with certification standards and may conduct interviews with staff, others in the community, and clients.
The Department may conduct an on-site survey at the time of initial certification or certification renewal, or at any other time during the period of certification.
Applicant or provider interference with the on-site survey, or submission of false or misleading information, or lack of candor by the applicant or provider, shall be grounds for an immediate suspension of any prior certification, or denial of a new certification application.
A Statement of Deficiency ("SOD") is a written notice to a provider identifying non-compliance with this chapter. The intent of the SOD to is provide existing certified providers with an opportunity to correct minor deficiencies to avoid decertification and disruption of service to existing clients. When utilized, the SOD shall describe the areas of non-compliance, suggest actions needed to bring operations into compliance with the certification standards, and set forth a timeframe of no more than ten (10) business days for the provider's submission of a written Corrective Action Plan ("CAP").
The issuance of an SOD is a separate process from the issuance of a Notice of Infraction ("NOI"). NO Is shall be issued promptly upon observation of violations of this chapter, especially when they are recurrent, endanger client or staff health or safety or when there is a failure to comply with core requirements of operating an SUD treatment facility.
The Department is not required to utilize the SOD or NOI process. It may immediately deny certification or re-certification or proceed with decertification.
A certified provider's CAP shall describe the actions to be taken and specify a timeframe for correcting the areas of non-compliance. The CAP shall be submitted to the Department within ten (10) business days after receipt of the SOD from the Department, or sooner if specified in the SOD.
The Department shall notify the certified provider whether the provider's CAP is accepted within ten (10) business days after receipt. In addition to utilizing the SOD process in §§6303.10 during renewal of certification stage, the Director may utilize the same procedures at any other time to address violations of this chapter.
The Department may only issue its certification after the Department verifies that certified provider has remediated all of the deficiencies identified in the CAP and meets all the certification standards.
The Department may grant full or provisional certification to an SUD applicant after conducting on-site surveys and reviewing application materials, including CAPs. A determination to grant full certification to a provider or program shall be based on the Department's review and validation of the information provided in the application, facility inspection findings, CAPs, and the provider or program's compliance with this chapter.
The Department may grant provisional certification to an applicant or provider that has demonstrated substantial compliance with this chapter and has received provisional accreditation from the Commission on Accreditation of Rehabilitation Facilities, The Joint Commission, or the Council on Accreditation.
Provisional certification shall expire upon termination of the provider's provisional accreditation period(s) unless revoked in accordance with §§ 6305.
The Department shall certify an applicant and recertify a provider that demonstrated substantial compliance with this chapter, for a time period that runs concurrently with the applicant or provider's accreditation period. Certification shall start from the date of issuance of certification by the Department, subject to the provider's continuous compliance with all certification standards. Certification shall remain in effect until it expires, is renewed, is revoked or is voluntarily relinquished. The certification shall specify the effective date of the certification, the date the certification expires, and the program(s) and services that the provider is certified to provide.
The provider shall notify the Department within forty-eight (48) hours of any changes in its operation that affect the provider's continued compliance with this chapter, including changes in ownership or control, changes in service, and changes in its affiliation and referral arrangements.
Prior to adding an SUD service during the term of certification, the provider shall submit a certification application describing the service. Upon determination by the Department that the provider is in compliance with certification standards, the Department may certify the provider to provide that service. A provider that applies for certification during an open application period as published in the District of Columbia Register may appeal the denial of certification under this subsection by utilizing the procedures contained in §§6305. The Department shall not accept any applications for which a notice of moratorium is published in the District of Columbia Register.
In the event that a certification application is under review while a moratorium is put in place, the Department will continue to process the application for a time period of no more than thirty (30) calendar days. If, after thirty (30) calendar days, the application is deemed incomplete, the provider will be granted ten (10) business days to resolve all items of incompletion. Any items not resolved or provided by the due date will result in the incomplete application being returned to the applicant. The Department will take no further action to issue certification. The applicant must then wait until the moratorium is lifted in order to submit any subsequent certification application.
Nothing in these rules shall be interpreted to mean that certification is a right or an entitlement. New certification as a provider shall depend upon the Director's assessment of the need for additional providers(s) and availability of funds.
Certification shall be limited to the applicant granted the certification and shall be limited to the location and services as indicated on the certificate. Certification is not transferable to any other organization.
Written notice of any change in the name or ownership of a program owned by an individual, partnership, or association, or in the legal or beneficial ownership of ten percent (10%) or more of the stock of a corporation that owns or operates the program, shall be given to the Department at least thirty (30) calendar days prior to the change in ownership.
The provider shall notify the Department in writing thirty (30) calendar days prior to implementing any of the following operational changes, including all aspects of the operations materially affected by the changes:
Providers shall forward to the Department within thirty (30) calendar days all inspection reports conducted by an oversight body and all corresponding corrective actions taken regarding cited deficiencies.
Providers shall immediately report to the Department any criminal allegations involving provider staff.
The Department may consider a provider's accreditation by one or more national accrediting bodies as evidence of compliance with one or more certification standards in this chapter.
D.C. Mun. Regs. tit. 22, r. 22-A6303