D.C. Mun. Regs. tit. 22, r. 22-A6502

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 22-A6502 - PROVIDER CERTIFICATION PROCESS
6502.1

The Department shall utilize the certification process to thoroughly evaluate the applicant's capacity to provide a high quality transition planning service in accordance with this Chapter and the needs of the District's behavioral health system.

6502.2

Each applicant seeking certification as a transition planning provider shall submit a certification application to the Department in the format established by the Department. A certified transition planning provider seeking renewal of certification shall submit an application at least ninety (90) calendar days prior to expiration of its current certification. The existing 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.

6502.3

Certification shall be considered terminated if the transition planning provider:

(a) Fails to submit a complete certification application ninety (90) calendar days prior to the expiration date of its current certification;
(b) Voluntarily relinquishes certification; or
(c) Terminates operations.
6502.4

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.

6502.5

Following the Department's acceptance of the certification application, the Department shall review the application and may conduct a survey to determine whether the applicant meets the certification standards described in this chapter. 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/consumers served.

6502.6

The Department may conduct announced or unannounced surveys at any time during the period of certification.

6502.7

Applicant or transition planning provider interference with a survey, 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.

6502.8

A Statement of Deficiency (SOD) is a written notice to an applicant or existing transition planning provider identifying non-compliance with certification standards. The intent of the SOD is to provide:

(a) Applicants with an opportunity to correct minor deficiencies during the certification application process; or
(b) Existing certified providers with an opportunity to correct minor deficiencies at any time to avoid decertification and disruption of services.
6502.9

The Department will not normally issue an SOD to applicants who fail to demonstrate compliance with certification standards. The Department will normally consider the applicant's failure to comply with the initial certification requirements as evidence that the applicant is ill-prepared to assume the responsibilities of providing the transition planning service to District residents and deny the application.

6502.10

When utilized, the SOD shall describe the areas of non-compliance, suggest actions needed to bring operations into compliance with the certification standards, and establish a timeframe of no more than ten (10) business days for the applicant's or existing transition planning provider's submission of a written Corrective Action Plan (CAP).

6502.11

The issuance of an SOD is a separate process from the issuance of a Notice of Infraction (NOI). NOIs shall be issued promptly upon observation of violations of this chapter, especially when they are recurrent, endanger client/consumer or staff health or safety, or when there is a failure to comply with core requirements of this chapter.

6502.12

The Department is not required to utilize the SOD process. The Department may immediately deny certification or proceed with decertification.

6502.13

An applicant or certified transition planning 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.

6502.14

The Department shall, within ten (10) business days after receipt, notify the applicant or certified provider whether the CAP is accepted.

6502.15

The Department may only issue certification after the Department verifies that the applicant or certified transition planning provider has remediated all of the deficiencies identified in the CAP and meets all the certification standards in this chapter.

6502.16

A determination to grant certification shall be based on the Department's review and validation of the information provided in the application, as well as any survey findings, any CAP, and the provider's compliance with this chapter.

6502.17

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.

6502.18

Certification is not transferable to any other organization.

6502.19

A person or entity 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 §§ 6504.3 and 6504.4. The Department shall not accept any applications for which a notice of moratorium is published in the District of Columbia Register.

6502.20

In the event that a certification application is under review while a moratorium is put in place, the Department shall 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 applicant shall be granted ten (10) business days to resolve all items of incompletion. Any items not resolved or provided by the due date shall result in the incomplete application being returned to the applicant and the Department shall take no further action to issue certification. The applicant shall then wait until the moratorium is lifted to submit any subsequent certification application.

6502.21

Nothing in these rules shall be interpreted to mean that certification is a right or an entitlement. New certification as a provider depends upon the Director's assessment of the need for additional transition planning providers.

6502.22

The transition planning provider shall notify the Department within two (2) business days of any changes in its operations that affect the provider's continued compliance with these certification standards, including changes in:

(a) Ownership or control,
(b) Staff rendering transition planning services, and
(c) Any affiliation and referral arrangements.
6502.23

A provider shall immediately report to the Department any criminal allegations involving provider staff.

6502.24

All providers shall obtain a National Provider Identification (NPI) number for itself and all personnel performing Chapter 65 services through the provider. All providers shall register itself and all personnel performing Chapter 65 services with the Department of Health Care Finance's designated information system prior to billing for services.

6502.25

The Department may grant provisional certification to a transition planning 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 unless revoked in accordance with §§ 6504.

D.C. Mun. Regs. tit. 22, r. 22-A6502

Final Rulemaking published at 68 DCR 876 (1/15/2021); amended by Final Rulemaking published at 69 DCR 13495 (11/4/2022); amended by Final Rulemaking published at 71 DCR 14542 (11/29/2024)