2604.1 The Director may issue a regular, provisional, or restricted license to operate a maternity center.

2604.2 Each maternity center license shall specify the following:

1. (a) The name of the person or organization to whom the license is issued;
2. (b) The name and location of the maternity center;
3. (c) The total rated bed capacity of beds and number of bassinets provided solely for maternity patients and newborn infants;
4. (d) The expiration date;
5. (e) The categories of care which the maternity center may furnish; and
6. (f) Any special limitations imposed by the Director.

2604.3 Licenses shall be classified as follows:

1. (a) Regular - for facilities that comply satisfactorily with the provisions of law and regulations; the Director shall issue a regular license to the maternity center if the facility complies satisfactorily with the provisions of this chapter.
2. (b) Provisional - for a maternity center that does not comply fully with the provisions of law and the regulations, where the non-compliance is not sufficiently serious in the judgment of the Director as to justify denial of a license for the operation of the center, and the center is taking appropriate corrective action as required by the Director. The maternity center may be permitted to operate under such conditions as the Director may specify for a period not to exceed 90 days under a provisional license.
3. (c) Restricted license - for a maternity center that does not comply fully with the provisions of law and the regulations, where the non-compliance is sufficiently serious in the judgment of the Director as to prohibit the maternity center from accepting new patients or to restrict the services offered by the center, for a period not to exceed ninety (90) days, when appropriate corrective action is not forthcoming from the center.

2604.4 Each maternity center license shall be valid only for the licensee and premises named in the license.

2604.5 The licensee shall frame the license under clear glass or plastic, and shall post it in conspicuous place in the main lobby or administrative office of the maternity center.

2604.6 Prior to the initial issuance of a license, and before license renewal, the Director or a designee shall conduct an on-site inspection of the applicant's maternity center to ensure compliance with the Act and the rules of this chapter.

2604.7 The Director or his or her designee may enter, announced or unannounced, a maternity center applying for licensure pursuant to this chapter during normal operating hours for the purpose of compliance with the Act or this chapter. The official conducting the inspection shall make every effort not to disrupt the normal operations of the maternity center.

2604.8 After initial licensure, the Director, in lieu of an on-site inspection, may accept accreditation by a private accrediting body, federal certification for participation in a health-insurance or medical assistance program as evidence of, and in lieu of inspecting for, compliance with any or all of the provisions of this chapter that incorporate or are substantially similar to applicable standards or conditions of participation established by that body or the federal government. Acceptance of private accreditation shall be contingent on the maternity center:

(a) Notifying the Director of all survey and resurvey dates no later than five (5) days after it receives notice of these dates;

(b) Permitting authorized government officials to accompany the survey team; and

(c) Submitting to the Director a copy of the certificate of accreditation, all survey findings, recommendations and reports, plans of correction, interim self-survey reports, notice of noncompliance, progress reports on correction of noncompliances, preliminary decisions to deny or limit accreditation, and all other similar documents relevant to the accreditation process, no later than five (5) days after their receipt by the maternity center or agency or submission to the accrediting body.

SOURCE: Notice of Final Rulemaking published at 46 DCR 2779 (March 19, 1999); as amended by Corrected Notice of Final Rulemaking published at 46 DCR 3970 (April 30, 1999).