Provisional and restricted licenses.
Effective Apr 11, 2019Feb. 24, 1984, D.C. Law 5-48, § 7, 30 DCR 5778; Apr. 20, 1999, D.C. Law 12-261, § 2003(aa)(3), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(ee)(3), 50 DCR 6913; Apr. 29, 2010, D.C. Law 18-145, § 3(c), 57 DCR 1834; Sept. 26, 2012, D.C. Law 19-171, § 112, 59 DCR 6190; Apr. 11, 2019, D.C. Law 22-290, § 201
(a) As an alternative to denial, nonrenewal, suspension, or revocation of a license when a facility or agency has numerous deficiencies or a serious single deficiency with respect to the standards to be established under § 44-504(a)(3), the Mayor may:
- (1) Issue a provisional license if the facility or agency is taking appropriate ameliorative action in accordance with a mutually agreed upon timetable; or
- (2) Issue a restricted license that prohibits the facility or agency from accepting new patients/clients/residents or delivering certain specified services that it would otherwise be authorized to deliver, if appropriate ameliorative action is not forthcoming.
- (b) As provided in § 44-505(a), provisional licenses may be issued to new facilities and agencies in order to afford the Mayor sufficient time and evidence to evaluate whether a new facility or agency is capable of complying with the provisions of this subchapter, rules adopted pursuant to this subchapter, and other applicable provisions of law.
- (c) Except as provided in subsection (f) of this section, provisional licenses may be granted for a period not exceeding 90 days, and may be renewed no more than once.
- (d) Any provisional license issued pursuant to this section shall be issued as a provisional Public Health: Health Care Facility endorsement or a provisional Public Health: Human Services facility endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.
- (e) If a facility is issued a restricted or provisional license, the Department of Health may, if appropriate, appoint a temporary manager or monitor in accordance with a mutually agreed upon timetable or until the facility becomes compliant with § 44-504(a)(3) and (h-1).
(f)
- (1) If a notice of closure of a health care facility or health service is denied by the State Health Planning and Developmental Agency pursuant to § 44-406(c), the Director of the Department of Health may issue a provisional license to the health care facility or health service to continue to operate for up to 3 years.
- (2) For the purposes of this subsection, the terms "health care facility" and "health service" shall have the same meanings as provided in § 44-401(10) and (12)), respectively.
Editor's Notes
Section 112 of D.C. Law 19-171 amended subsection (e) of this section by striking the phrase “with § 44-504(a)(3)” and inserting the phrase “with section 8(a)(3) [of D.C. Law 5-48]” in its place. The legislative intent was to substitute in the phrase “with section 5(a)(3),” codified as § 44-504(a)(3), rather than the phrase “with section 8(a)(3),” and has been implemented accordingly.
Because of the enactment of subchapter II of this chapter by D.C. Law 12-238 and the designation of the preexisting text as subchapter I, “subchapter” has been substituted for “act” twice near the end of (b).
History
Feb. 24, 1984, D.C. Law 5-48, § 7, 30 DCR 5778
Apr. 20, 1999, D.C. Law 12-261, § 2003(aa)(3), 46 DCR 3142
Oct. 28, 2003, D.C. Law 15-38, § 3(ee)(3), 50 DCR 6913
Apr. 29, 2010, D.C. Law 18-145, § 3(c), 57 DCR 1834
Sept. 26, 2012, D.C. Law 19-171, § 112, 59 DCR 6190
Apr. 11, 2019, D.C. Law 22-290, § 201
Emergency Legislation
For temporary (90 day) amendment of section, see § 3(ee)(3) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).
For temporary (90 days) amendment of this section, see § 3 of Clarification of Hospital Closure Procedure Emergency Amendment Act of 2018 (D.C. Act 22-498, Nov. 1, 2018, 65 DCR 12327).
For temporary (90 days) amendment of this section, see § 3 of Clarification of Hospital Closure Procedure Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-10, Feb. 25, 2019, 66 DCR 2461).
Effect of Amendments
The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction.
D.C. Law 18-145 added subsec. (e).
D.C. Law 15-38, in subsec. (d), substituted “Public Health: Health Care Facility endorsement or a provisional Public Health: Human Services Facility endorsement to a basic business license under the basic” for “Class A Public Health: Health Care Facility endorsement or a provisional Public Health: Human Services facility endorsement to a master business license under the master”.
Prior Codifications
1981 Ed., § 32-1306.
Section References
This section is referenced in § 44-505.
Temporary Legislation
For temporary (225 days) amendment of this section, see § 3 of Clarification of Hospital Closure Procedure Temporary Amendment Act of 2018 (D.C. Law 22-220, Feb. 22, 2019, 65 DCR 13441).