D.C. Mun. Regs. tit. 29, r. 29-421

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

Rule 29-421 - CONSEQUENCES OF REVIEW DECISIONS

421.1

SHCC or SHPDA approval shall not guarantee funding of an application, although under 42 CFR 122.415 no award of federal funds subject to review and approval shall be made unless one (1) of the following has occurred:

(a) The SHCC or SHPDA has approved the proposed use;

(b) The SHCC or SHPDA has failed to approve or disapprove a proposal after having been provided at least sixty (60) days in which to review and approve or disapprove the proposed use;

(c) In the case of funds made available in a contract, grant, or allotment to the District government, the Secretary of DHHS has overridden an SHCC or SHPDA disapproval in accordance with 42 CFR 122.415; or

(d) In the case of funds made available in a contract, grant, or allotment to the District government, the Mayor has overridden the SHPDA or SHCC disapproval in accordance with § 1513(e)(3) of Public Law 93-641, as amended.

421.2

In accordance with 42 CFR 122.415, if the SHPDA disapproves a proposed use of federal funds under one (1) of the four (4) Acts specified in § 401.2, the Secretary of DHHS shall not make funds available unless the applicant requests the Secretary to review the disapproval decision, accompanied by a justification for approval by the Secretary of the proposed use of federal funds despite the SHCC disapproval, and the Secretary determines that the funds should be made available notwithstanding the SHPDA disapproval.

421.3

As specified in 42 CFR 122.415(b)(1) and (b)(2), to be effective a request for the Secretary's review shall be delivered or mailed to the appropriate federal funding agency not later than fifteen (15) days after the SHPDA provides notification to the applicant of the disapproval decision. This request shall be accompanied by a justification for approval by the Secretary of the proposed use of federal funds despite SHPDA disapproval, including detailed responses to the reasons given by the SHPDA for its disapproval.

421.4

In accordance with 42 CFR 122.415(c)(1), within three (3) working days of the receipt by DHHS of an applicant's request for the reconsideration of the SHPDA disapproval, the SHPDA shall be notified of the request and shall be asked to submit its comments within fifteen (15) calendar days from the delivery date (or the postmark date, if mailed) of the notification. The review official shall forward copies of the SHPDA notification to the applicant.

421.5

In accordance with 42 CFR 122.415(d)(1), in determining whether to make funds available notwithstanding the SHPDA disapproval, the federal review official shall consider any comments received from the SHPDA, the appropriate federal bureau or institute director, and the Regional Health Administrator. In addition, the following criteria shall be considered:

(a) Whether the SHPDA substantially adhered to the applicable review procedures adopted by the Agency;

(b) Whether the proposed use of federal funds is consistent with the applicable review criteria used by the SHPDA;

(c) Whether the failure to make the proposed federal funds available will adversely affect the health of the residents who are to receive the services; and

(d) Whether the proposed uses of federal funds meet a national or regional need for which local conditions offer special advantages, and which is unlikely to be accomplished efficiently and effectively in another health service area.

D.C. Mun. Regs. tit. 29, r. 29-421

Final Rulemaking published at 28 DCR 1086 (March 13, 1981)