3501.1 Violation of the following provisions shall be a Class 1 infraction:

1. (a) 22-B DCMR § 3800.5 (operating a CRF without proper licensure);
2. (b) 22-B DCMR § 3811.1 (failure of fire exits to meet requirements);
3. (c) 22-B DCMR § 3811.2 (improper locking of fire exit doors);
4. (d) 22-B DCMR § 3811.3 (failure to maintain proper fire exit access);
5. (e) 22-B DCMR § 3811.4 (failure to comply with the requirements of 12 DCMR § 914);
6. (f) 22-B DCMR § 3819.1 (working in or owning a MHCRF after conviction for abusing or mistreating another person);
7. (g) 22-B DCMR § 3819.5 (failure to make reasonable efforts to ensure that persons known to have abused or mistreated another person do not provide services in a MHCRF);
8. (h) 22-B DCMR § 3819.6 (employee or volunteer provides direct services while under influence of drugs or alcohol or while infected with communicable disease);
9. (i) 22-B DCMR § 3819.7 (providing care in MHCRF without proper licensure, certification or registration);
10. (j) 22-B DCMR § 3819.8 (assigning duties inconsistent with employee's license, job description, training and experience);
11. (k) 22-B DCMR § 3829.1 or 3829.2 (failure to provide oral or written notice of any serious illness, accident, or unusual incident);
12. (l) 22-B DCMR § 3829.4 (failure to notify an appropriate person in the case of the death of a resident); or
13. (m) 22-B DCMR §§ 3835.4, 3835.5, 3836.4, 3837.4, or 3838.5 (failure to comply with staffing requirements).

3501.2 Violation of the following provisions shall be a Class 2 infraction:

(a) 22-B DCMR §§ 3803.1, 3835.2, 3836.2, 3837.1 or 3838.3 (exceeding

maximum occupancy);

1. (b) 22-B DCMR § 3803.5 (failure to make residence physically accessible);
2. (c) 22-B DCMR §§ 3806.1 or 3806.3 (failure to comply with heating and cooling requirements);
3. (d) 22-B DCMR § 3813.1 (failure to keep food handler certificate current or failure to apply nutrition and management principles);
4. (e) 22-B DCMR § 3813.2 (failure to promote residents' participation and skill development in menu planning, shopping, food storage, and kitchen maintenance);
5. (f) 22-B DCMR §§ 3813.3 to 3813.5 (failure to comply with meal service regulations);
6. (g) 22-B DCMR § 3813.6 (failure to provide clean, wholesome, and unspoiled food and drink);
7. (h) 22-B DCMR § 3822.1 (failure to keep confidential resident's record and any MHCRF records that contain information identifying residents);
8. (i) 22-B DCMR § 3823.3 (failure to keep resident's medication record inaccessible to other residents and visitors);
9. (j) 22-B DCMR §§ 3823.4 to 3823.10, or § 3823.12 (improper administration of medications);
10. (k) 22-B DCMR § 3823.10 (failure to report and document medication errors, reactions or adverse responses);
11. (l) 22-B DCMR § 3823.11 (failure to document and report resident's refusal of medication);
12. (m) 22-B DCMR §§ 3824.1 or 3824.2 (failure to carry or provide proof of required insurance);
13. (n) 22-B DCMR § 3830.1 (failure to notify the CMHS and physician of change that may require relocating resident);
14. (o) 22-B DCMR §§ 3830.2 or 3820.3 (improper discharge, transfer or relocation of a resident);

1. (p) 22-B DCMR § 3830.4 (failure to readmit resident transferred from MHCRF within ninety (90) days);
2. (q) 22-B DCMR § 3830.5 (failure to hold bed for SSI resident admitted to public mental institution in which Medicaid is paying fifty percent (50%) or more of cost of care);
3. (r) 22-B DCMR §§ 3831.1 or 3831.2 (restraining or confining a resident);
4. (s) 22-B DCMR §§ 3833.1 to 3833.7 (failure to comply with service coordination, case management, and support services regulations);
5. (t) 22-B DCMR §§ 3835.1 or 3836.1 (failure to provide homelike setting in a Supported Residence or a Supported Rehabilitative Residence);
6. (u) 22-B DCMR §§ 3835.7, 3836.9, or 3837.7 (failure to have a Residence Director);
7. (v) 22-B DCMR §§ 3836.3 or 3837.2 (failure to provide specialized services or programming when necessary);
8. (w) 22-B DCMR §§ 3836.5 (failure to provide staff assistance with daily living activities, personal supervision, meals, lodging, and rehabilitative and specialized services);
9. (x) 22-B DCMR §§ 3836.6 (failure to provide consistent and therapeutic environment);
10. (y) 22-B DCMR § 3836.7 (failure to coordinate rehabilitation under the direction of the resident's designated treatment team);
11. (z) 22-B DCMR § 3837.5 (failure to provide staffing specialists according to special program needs);
12. (aa) 22-B DCMR §§ 3837.8 or 3838.6 (failure to have Residence Director or staff member present when residents are at the residence, or failure to provide clinical back-up services); or
13. (bb) 22-B DCMR §§ 3837.9 or 3838.7 (failure of Residence Director of Intensive Residence or a Transitional Residence to meet requirements of § 3818 and appropriate experience requirements).

3501.3 Violation of the following provisions shall be a Class 3 infraction:

1. (a) 22-B DCMR § 3801.1 (failure to explain rights and responsibilities, provide a written statement of rights and responsibilities, or make available a copy of rights);
2. (b) 22-B DCMR §§ 3801.2, 3801.4, or 3827.4 (discrimination or reprisal against a resident);
3. (c) 22-B DCMR § 3801.3 (failure to provide resident and resident's legal representative a signed, written admission contract prior to admission);
4. (d) 22-B DCMR § 3801.5 (failure to provide resident a copy of grievance procedures);
5. (e) 22-B DCMR § 3801.6 (failure to provide resident privacy for provision of personal and medical care);
6. (f) 22-B DCMR § 3801.7 (failure to provide resident opportunity to participate in developing individual treatment plan);
7. (g) 22-B DCMR § 3801.8 (failure to provide resident adequate and humane treatment by competent and qualified staff);
8. (h) 22-B DCMR § 3801.9 (failure to inform resident of condition and progress);
9. (i) 22-B DCMR § 3801.10 (failure to keep resident's treatment record confidential);
10. (j) 22-B DCMR § 3801.11 (failure to provide resident the opportunity to meet with members of the treatment team);
11. (k) 22-B DCMR § 3801.12 (failure to provide resident periodic review of treatment plan);
12. (l) 22-B DCMR §§ 3801.13 to 3801.16 (failure to comply with resident's visitation and communication rights);
13. (m) 22-B DCMR §§ 3801.17 or 3801.18 (denying resident's right to refuse life sustaining treatment and execute advanced directives or the limited right to refuse psychiatric treatment and supportive services);
14. (n) 22-B DCMR § 3801.19, 3801.23, or 3801.24 (failure to provide resident access to authorized representatives, District government officials, or Long Term Care Ombudsman);

1. (o) 22-B DCMR § 3801.20 (failure to assist resident in registering and exercising right to vote);
2. (p) 22-B DCMR § 3801.21 (imposing a religious belief or practice on a resident);
3. (q) 22-B DCMR § 3801.22 (failure to provide resident opportunities to participate in social, religious and community activities);
4. (r) 22-B DCMR § 3801.25 (denying resident the right to manage his or her financial affairs);
5. (s) 22-B DCMR § 3801.26 (using residents as research subjects without resident's consent, or for research that does not comply with federal and District laws and regulations and DMH policy);
6. (t) 22-B DCMR § 3801.27 (requiring resident to perform unauthorized unpaid work);
7. (u) 22-B DCMR § 3801.28 (failure to comply with Title III of the Nursing Home and Community Residence Facility Residents' Protection Act of 1985 for transfers, discharges or relocations);
8. (v) 22-B DCMR §§ 3801.29 or 3801.30 (failure to have required rules or failure to provide resident with a copy of the MHCRF's rules);
9. (w) 22-B DCMR § 3801.31 (failure of resident to comply with MHCRF rules);
10. (x) 22-B DCMR § 3802.5 (failure to maintain pest control program and keep premises free from insects and rodents);
11. (y) 22-B DCMR § 3802.6 (failure to maintain readily available first aid supplies);
12. (z) 22-B DCMR § 3802.7 (failure to protect residents from asbestos hazards);
13. (aa) 22-B DCMR § 3802.8 (failure to equip, furnish and maintain residence in a comfortable, congenial home-like setting for residents and staff);
14. (bb) 22-B DCMR § 3802.9 (failure to provide adequate collection, storage, and removal of trash and refuse);

1. (cc) 22-B DCMR § 3802.10 (failure to screen windows during insect season);
2. (dd) 22-B DCMR § 3802.11 (failure to securely fasten carpets or use non-skid pads);
3. (ee) 22-B DCMR § 3802.12 (failure to keep hallways, porches, stairways, stairwells and basements free from obstructions);
4. (ff) 22-B DCMR § 3802.13 (failure to equip ramps and stairways with firmly secured handrails or banisters);
5. (gg) 22-B DCMR § 3802.14 (failure to use lead-free paint or remove old paint or plaster containing lead);
6. (hh) 22-B DCMR § 3802.15 (failure to design and maintain walls and floors to minimize accidents);
7. (ii) 22-B DCMR § 3802.16 (failure to have pets examined by licensed veterinarian or keep pet vaccinations current);
8. (jj) 22-B DCMR §§ 3804.1 to 3804.3 (failure to provide adequate lighting);
9. (kk) 22-B DCMR §§ 3805.1 or 3805.2 (failure to ensure that water supply and water distribution system conform to District laws and regulations, or failure to have adequate plumbing);
10. (ll) 22-B DCMR § 3806.4 (failure to clean functioning fireplace chimney annually);
11. (mm) 22-B DCMR §§ 3807.2, 3807.3, or 3807.7 (failure to provide adequate bedroom facilities);
12. (nn) 22-B DCMR § 3808.3 (failure to provide properly anchored grab bars or handrails in toilet and bathing areas when needed);
13. (oo) 22-B DCMR § 3813.7 (failure to provide fresh water and clean drinking glasses);
14. (pp) 22-B DCMR § 3813.8 (failure to provide assistance to eat when necessary);
15. (qq) 22-B DCMR §§ 3814.1 to 3814.4 (failure to comply with diet requirements);

1. (rr) 22-B DCMR §§ 3816.3 or 3816.4 (failure to safeguard and account for resident's personal articles);
2. (ss) 22-B DCMR §§ 3816.5, 3816.9, or 3816.10 (failure to comply with personal property and funds requirements);
3. (tt) 22-B DCMR § 3817.2 (failure to provide annual physician exams);
4. (uu) 22-B DCMR § 3817.3 (failure to include in resident's permanent record copies of medical examinations, physicians' reports, and physicians' recommendations for care);
5. (vv) 22-B DCMR § 3817.4 (failure to assist resident in making arrangements for medical or dental examinations when resident is unable to do so);
6. (ww) 22-B DCMR §§ 3818.1 to 3818.3 (failure to comply with training, experience, and credentials requirements for Residence Directors);
7. (xx) 22-B DCMR § 3818.4 (failure of Residence Director to complete minimum responsibilities);
8. (yy) 22-B DCMR § 3818.5 (failure to ensure adequate supervision when Residence Director is absent);
9. (zz) 22-B DCMR § 3819.2 (failure to have written personnel policy);
10. (aaa) 22-B DCMR § 3819.3 (failure to ensure that MHCRF staff have annual physical examinations);
11. (bbb) 22-B DCMR § 3819.4 (failure to maintain accurate personnel records);
12. (ccc) 22-B DCMR §§ 3819.10 or 3819.11 (failure to comply with volunteer and paid staff training and screening requirements);
13. (ddd) 22-B DCMR §§ 3820.1 to 3820.3, 3820.5, 3821.1 to 3821.3, or 3823.1 (failure to properly maintain records);
14. (eee) 22-B DCMR § 3820.4 (failure to notify agency of changes in occupancy level);
15. (fff) 22-B DCMR § 3820.6 (failure to investigate allegations of mistreatment and promptly report findings resulting from investigation);
16. (ggg) 22-B DCMR § 3820.7 (failure to make resident's financial records

available for audit);

(hhh) 22-B DCMR § 3825.1 (failure to have written program statement with all required elements);

(iii) 22-B DCMR § 3827.1 (failure to admit and retain only those persons that can be safely and adequately cared for);

(jjj) 22-B DCMR § 3827.2 (disqualifying a person from placement because the person is not ambulatory, needs medication assistance, has active substance abuse, or needs limited or intermittent nursing care);

(kkk) 22-B DCMR § 3827.3 (failure to follow written admission criteria or present criteria to resident upon admission);

(lll) 22-B DCMR § 3827.5 (failure to provide written reasons for denying admission);

(mmm) 22-B DCMR § 3827.6 (refusal to make reasonable accommodations to admit resident who is deaf, blind, non-English speaking, or physically or mentally disabled);

(nnn) 22-B DCMR §§ 3827.7 to 3827.9, or 3827.11 (failure to comply with pre-admission medical assessment requirements);

(ooo) 22-B DCMR § 3829.3 (failure to have written emergency policies and procedures);

(ppp) 22-B DCMR §§ 3829.5 or 3829.6 (failure to follow procedures and laws regarding resident deaths); or

(qqq) 22-B DCMR §§ 3832.1 to 3832.5 (failure to comply with rehabilitation regulations).

3501.4 Violation of the following provisions shall be a Class 4 infraction:

(a) 22-B DCMR § 3802.1 (improper use of exterior name or logo);

(b) 22-B DCMR § 3802.2 (failure to properly maintain and provide access to green areas);

(c) 22-B DCMR § 3802.3 (locating MHCRF in area with noxious, hazardous smoke and fumes or with loud and irritating noises);

1. (d) 22-B DCMR § 3802.4 (failure to provide functional, safe, comfortable, and supportive environment);
2. (e) 22-B DCMR § 3807.4 (failure to keep beds three feet (3 ft.) or more from another bed or a radiator);
3. (f) 22-B DCMR §§ 3808.2 or 3808.4 (failure to provide adequate equipment or adequate privacy and safety in toilets and bathing facilities);
4. (g) 22-B DCMR § 3815.1 (failure to maintain interior and exterior in safe, clean, orderly, attractive and sanitary manner);
5. (h) 22-B DCMR §§ 3815.2 or 3815.4 to 3815.8 (failure to provide sufficient quantities of clean and sanitary linens, linen storage, or laundering facilities);
6. (i) 22-B DCMR § 3816.1 (improperly increasing fee for care);
7. (j) 22-B DCMR § 3816.2 (denying resident reasonable personal possessions and furnishings in living quarters);
8. (k) 22-B DCMR § 3816.6 (failure to copy and make available to residents the record required by § 3816.5);
9. (l) 22-B DCMR § 3816.11 (failure to encourage residents to wear their own clothing);
10. (m) 22-B DCMR § 3817.5 (failure to maintain a list of names and telephone numbers of residents' physicians); or
11. (n) 22-B DCMR §§ 3834.1 to 3834.4 (failure to comply with requirements regarding resident activities).

SOURCE: Final Rulemaking published at 52 DCR 4903 (May 27, 2005).