Code of the District of Columbia

§ 44–402. State Health Planning and Development Agency; establishment and responsibilities.

(a)(1) There is established, in the Commission on Public Health, a State Health Planning and Development Agency (“SHPDA”).

(2) Revenues, not to exceed fees collected pursuant to § 44-420, shall be utilized to fund 4 staff positions to administer SHPDA (Project Review Division—Certificate of Need Division Chief; 2 Public Health Analysts; and Secretary). Additional staff may be funded, as necessary, in accordance with § 44-420.01.

(b) The SHPDA shall be responsible for health systems development in the District. The SHPDA’s responsibilities for health systems development shall include:

(1) The establishment and administration of a health systems plan development and implementation program in accordance with § 44-404;

(2) The establishment of a health data and information program in accordance with § 44-405;

(3) The administration, operation, and enforcement of the certificate of need program in accordance with this chapter;

(4) The monitoring of compliance by health care facilities with the requirements of this chapter; and

(5) Establishing, by rule, requirements and standards regarding the amount of uncompensated care provided to residents of the District of Columbia by all health care facilities that receive a certificate of need, including an annual mechanism for monitoring the provision of that uncompensated care by the health care facilities.

(b-1)(1) The Director of the Department of Health shall convene a working group to develop recommendations to re-engineer the data collection, analysis, and certificate of need functions performed by SHPDA. The working group shall consist of the following:

(A) Two representatives from the Department;

(B) The Chairman of the Council, or his or her designee;

(C) The Chairman of the Council’s Committee on Human Services, or his or her designee;

(D) One representative from the Department of Mental Health;

(E) The Chairman of the Statewide Health Coordinating Council;

(F) The Chairman of the Mayor’s Health Policy Council;

(G) One representative from the DC Hospital Association;

(H) One representative from the Nursing Home Association;

(I) One representative from the DC Primary Care Association;

(J) Two public representatives to be appointed by the Director of the Department of Health; and

(K) The Deputy Mayor for Children, Youth, Families and Elders, or his or her designee.

(2) The recommendations of the working group shall be submitted to the Council by no later than February 1, 2003.

(c) All regulations, rules, and procedures of the predecessor Office of Health System Development shall remain in effect until the adoption of superseding replacement of those regulations, rules and procedures.


(Apr. 9, 1997, D.C. Law 11-191, § 3, 43 DCR 4535; July 12, 2001, D.C. Law 14-18, § 8(2), 48 DCR 4047; June 5, 2003, D.C. Law 14-307, § 2002(b), 49 DCR 11664; Apr. 22, 2004, D.C. Law 15-149, § 2(b), 51 DCR 2802.)

Prior Codifications

1981 Ed., § 32-352.

Section References

This section is referenced in § 44-401.

Effect of Amendments

D.C. Law 14-18, in subsec. (b), deleted “and” at the end of par. (3), substituted “; and” for the period at the end of par. (4), and added par. (5).

D.C. Law 14-307 redesignated subsec. (a) as subsec. (a)(1); added par. (2) of subsec. (a); and added subsec. (b-1).

D.C. Law 15-149 rewrote subsecs. (a)(2) and (b)(5).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2002(b) of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700).

For temporary (90 day) amendment of section, see § 2002(b) of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151).

For temporary (90 day) amendment of section, see § 2(b) of Health Services Planning and Development Emergency Amendment Act of 2003 (D.C. Act 15-49, March 28, 2003, 50 DCR 2943).

For temporary (90 day) amendment of section, see § 2(b) of Health Services Planning and Development Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-87, May 19, 2003, 50 DCR 4325).

For temporary (90 day) amendment of section, see § 2002(b) of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499).

For temporary (90 day) amendment of section, see § 2(b) of Health Services Planning and Development Emergency Amendment Act of 2004 (D.C. Act 15-322, January 28, 2004, 51 DCR 1581).

For temporary (90 day) amendment of section, see § 3 of Health Services Planning and Development Emergency Amendment Act of 2004 (D.C. Act 15-322, January 28, 2004, 51 DCR 1581).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of Health Services Planning and Development Temporary Amendment Act of 2003 (D.C. Law 15-19, June 21, 2003, law notification 50 DCR 5463).