802 CERTIFICATION REQUIREMENTS: GENERAL

802.1 The FSMHC shall be in conformity with federal and local laws and codes pertaining to health and fire safety, drug procurement and distribution, disposal of medications and controlled substances, building construction, maintenance and equipment standards, sanitation, and communicable and reportable diseases.

802.2 The FSMHC shall be in compliance with Title VI of the Civil Rights Law of 1962, including § 504 which prohibits discrimination against the handicapped.

802.3 The FSMHC shall agree that FSMHC services, as set forth in § 808.9, shall be provided under the direction of a physician, as required by § 440.90 of Title 42 of the Code of Federal Regulations. Health Home services provided by a FSMHC shall be provided in accordance with requirements set forth in 29 DCMR §§ 6900, et seq. and 22-A DCMR §§ 2500, et seq.

802.4 The FSMHC shall have appropriate written and dated procedures for storing, dispensing, and administering drugs and biologicals.

802.5 The FSMHC shall agree to provide its services as stated in its provider agreement to all eligible Medicaid patients who seek those services, and shall not exclude any patient for any reason other than the fact that the patient requires services not provided by the FSMHC.

802.6 The FSMHC shall inform all Medicaid patients that it is their legal right to freely choose the provider(s) from whom they will receive services.

SOURCE: Final Rulemaking adopted at 29 DCR 264 (January 15, 1982); as amended by Final Rulemaking published at 66 DCR 7931 (July 5, 2019).