D.C. Mun. Regs. tit. 22, r. 22-B4304

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 22-B4304 - INSPECTION OF RECORDS

4304.1

Except as provided in Subsection 4304.3, a person may inspect a CON application and other information contained in SHPDA project files during regular business hours.

4304.2

A person may receive a copy of a document subject to inspection upon the payment of a reasonable fee to cover the cost of reproduction.

4304.3

A person shall not inspect or copy a portion of a CON application or other document related to a CON application that contains detailed technical descriptions of proprietary financial information, security systems, medical records systems, or controlled substance storage systems if SHPDA designates that portion of an application as "restricted".

4304.4

SHPDA may designate a portion of a CON application as "restricted" by the following procedures:

(a) The applicant shall make a written request to SHPDA to restrict the material at the time the applicant submits the application;

(b) SHPDA shall maintain the material to be categorized as "restricted" separate from the remainder of the CON application retained in SHPDA files until it renders a decision about whether the material should be restricted;

(c) The SHPDA staff person in charge of the CON review shall make a determination whether the information in question would provide information for a person to violate the security of the system in question or reveal proprietary information that would give a competitor an unfair advantage; and

(d) If SHPDA agrees to restrict material, the applicant shall provide a non-restricted and non-technical summary of the "restricted" material and submit the original information printed on paper, other than white or blue, and marked on each page at top and bottom with the statement "Restricted Security System Information; Not for Public Inspection."

4304.5

If the applicant disagrees with the SHPDA staff person in charge of the CON review concerning a request for classifying material as "restricted," the applicant may appeal the decision by making a written request for a meeting to review the matter with the Director, who shall make the final decision.

4304.6

An applicant shall not submit medical records that identify individual patients to SHPDA. Any patient record the applicant provides to SHPDA that includes personal identifying information, such as copies of driver's licenses, social security cards, that is submitted inadvertently shall not be available for public inspection.

D.C. Mun. Regs. tit. 22, r. 22-B4304

Final Rulemaking published at 29 DCR 5569 (December 17, 1982), enacting Proposed Rulemaking published at 29 DCR 4742 (October 29, 1982); as amended by Final Rulemaking published at 61 DCR 1666 (February 28, 2014)

Authority: § 22 of the Health Services Planning Program Re-establishment Act of 1996 (Act), effective April 9, 1997 (D.C. Law 11-191; D.C. Official Code § 44-421 (2012 Repl.)).