D.C. Mun. Regs. tit. 22, r. 22-B3500

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 22-B3500 - GENERAL PROVISIONS
3500.1

For purposes of this chapter, a group home for persons with intellectual disabilities, as defined in §2 of the Act, shall be known as a Community Residence Facility for Persons with Intellectual Disabilities (CRFPID). CRFPID shall serve as substitute for the term "group home for persons with intellectual disabilities" for the purposes of this chapter.

3500.2

Each CRFPID shall comply with Chapter 31 of Title 22-B of the District of Columbia Municipal Regulations (DCMR), entitled Licensing of Health Care and Community Residence Facilities. Chapter 31 includes administrative procedures on the issuance and renewal of licenses as well as enforcement actions.

3500.3

Each CRFPID shall comply with all applicable Federal and District laws and regulations, including D.C. Law 2-137, the Citizens with Intellectual Disabilities Constitutional Rights and Dignity Act of 1978 (D.C. Official Code § 7-1301.01 et seq .). Providers of Home and Community-Based Waiver Services ("HCBS"), known as residential habilitation service settings, shall also comply with Subsection 3500.4 of this Chapter.

3500.4

Each provider of services under the HCBS shall be certified by the Department of Disability Services (DDS) to be in compliance with Chapter 19 of Title 29 of the District of Columbia Municipal Regulations (DCMR), entitled Home and Community-Based Waiver Services for Individuals with Intellectual and Developmental Disabilities. Each provider of waiver services shall comply with this Chapter, 22-B DCMR Chapter 35, in order to obtain and maintain licensure.

3500.5

Each CRFPID participating in the HCBS must be certified by DDS at the time of the Department's annual licensure survey.

3500.6

Each CRFPID that is certified as an Intermediate Care Facility (ICF) shall not provide HCBS program services.

3500.7

Each CRFPID shall comply with the terms of its license, and the number of persons living at the home shall not exceed the number permitted by the license and shall not exceed the statutory limitation of eight (8) people.

3500.8

Each CRFPID Residence Director shall abide by all District of Columbia laws and regulations relating to the rights of persons with intellectual disabilities.

3500.9

Each CRFPID shall provide recreational activities, community integration and inclusion activities outside the home for all of the persons residing there in accordance with the person's choice as identified through the person-centered assessment process and as documented in the person's Individual Support Plan (ISP).

3500.10

Each CRFPID shall have equipment to provide a variety of recreational activities inside the home (including, but not limited to, games, crafts, books, television and radio) and shall maintain such equipment in good repair.

3500.11

Persons shall have access to and open their own mail, packages, texts, emails, or any other form of electronic communication, e.g. FaceTime or Skype. No mail or other forms of communication shall be read by CRFPID staff unless written permission to do so is granted by the person or his or her representative in the form of a memorandum or ISP documentation.

3500.12

Visits by friends, relatives or other persons not paid to be in a CRFPID shall be encouraged and permitted by the CRFPID in accordance with a person's wishes, provided there is no undue disruption to CRFPID operations and the privacy concerns of other persons or an assessed need and justified in his or her person-centered plan.

3500.13

Each CRFPID shall ensure that each person residing there has privacy in his or her personal space, including entrances that are lockable by the person (with staff having keys as needed and approved in the person's ISP or within other written documentation).

3500.14

Each CRFPID shall ensure that each person residing there has control and access to his or her personal funds and bank accounts.

3500.15

Each CRFPID shall allow appropriate personnel of the Department of Health (hereinafter "Department") full access, whether the visit is announced or unannounced, to all CRFPID locations, including access to the persons receiving supports and all records in any form. For purposes of this section, the term "records" includes, but is not limited to, all information relating to the provider, the services and supports being provided, and the persons for whom services are provided; and any information which is generated by or in possession of the CRFPID; the information required by D.C. Law 2-137 (D.C. Official Code § 71301, et seq .); and any information required by the regulations implementing CRFPID.

3500.16

The CRFPID shall not use any advertising that contains false, misleading or deceptive statements or claims, or false or misleading disclosures of fees and payment for services. The CRFPID's name shall not imply that it is providing services it is not licensed to provide or does not deliver.

D.C. Mun. Regs. tit. 22, r. 22-B3500

Final Rulemaking published at 39 DCR 3280 (May 8, 1992); amended by Final Rulemaking published at 68 DCR 4282 (4/23/2021)
Former Chapter 35 was redesignated Chapter 36 by the above-cited Final Rulemaking. Please refer to current Chapter 36 for provisions regarding the Community Residence Facility Loan Program.
AUTHORITY: Unless otherwise noted, the authority for this chapter is the Health Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983, D.C. Code, 2001 Ed. §§ 44 -501 to 44-509; Mayor's Order 84-105 (June 19, 1984); and Mayor's Order 98-137 (August 20, 1998).