3800.1 A public or private mental health community residence facility (MHCRF) shall meet the requirements of these rules in order to be licensed.

3800.2 A MHCRF shall be a publicly or privately owned residence that houses individuals, eighteen (18) or older, with a principal diagnosis of mental illness and who require twenty-four hour (24 hr.) on site supervision, personal assistance, lodging, and meals and who are not in the custody of the District of Columbia Department of Corrections.

3800.3 The categories of MHCRFs shall be Supported Residence, Supported Rehabilitation Residence, and Intensive Residence.

3800.4 This chapter shall not apply to Independent Living Arrangements, Supported Independent Living Arrangements, or Crisis Stabilization Beds, as defined in §3899, or any residence that does not provide twenty-four hour (24 hr.), on-site staff.

3800.5 Each residence that is licensed as a community residence facility (CRF) under 22 DCMR, Chapter 38, that houses a person with a primary diagnosis of mental illness, shall apply for a new license under this chapter prior to the termination date of its existing license. A provisional license may be issued by the Department of Consumer and Regulatory Affairs (DCRA) in accordance with procedures developed by DCRA in Chapter 31, Title 22 DCMR. Nothing in this subsection shall be intended to amend D.C. Code, 2001 Ed. § 44-502.

3800.6 This chapter supersedes Chapter 34 of this title insofar as it applies to community residential facilities that house mentally ill persons.

AUTHORITY: Unless otherwise noted, the authority for this chapter is the Health-Care and Community Residence Facility, Hospice and Health-Care Licensure Act of 1983 § 5, D.C. Code, 2001 Ed. § 44-504; and Mayor's Order 84-105 (June 19, 1984).

SOURCE: Final Rulemaking published at 42 DCR 569 (January 27, 1995).