(a) As an alternative to denial, nonrenewal, suspension, or revocation of a license when a facility or agency has numerous deficiencies or a serious single deficiency with respect to the standards to be established under § 44-504(a)(3), the Mayor may:
(1) Issue a provisional license if the facility or agency is taking appropriate ameliorative action in accordance with a mutually agreed upon timetable; or
(2) Issue a restricted license that prohibits the facility or agency from accepting new patients/clients/residents or delivering certain specified services that it would otherwise be authorized to deliver, if appropriate ameliorative action is not forthcoming.
(b) As provided in § 44-505(a), provisional licenses may be issued to new facilities and agencies in order to afford the Mayor sufficient time and evidence to evaluate whether a new facility or agency is capable of complying with the provisions of this subchapter, rules adopted pursuant to this subchapter, and other applicable provisions of law.
(c) Except as provided in subsection (f) of this section, provisional licenses may be granted for a period not exceeding 90 days, and may be renewed no more than once.
(d) Any provisional license issued pursuant to this section shall be issued as a provisional Public Health: Health Care Facility endorsement or a provisional Public Health: Human Services facility endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.
(e) If a facility is issued a restricted or provisional license, the Department of Health may, if appropriate, appoint a temporary manager or monitor in accordance with a mutually agreed upon timetable or until the facility becomes compliant with § 44-504(a)(3) and (h-1).
(f)(1) If a notice of closure of a health care facility or health service is denied by the State Health Planning and Developmental Agency pursuant to § 44-406(c), the Director of the Department of Health may issue a provisional license to the health care facility or health service to continue to operate for up to 3 years.
(Feb. 24, 1984, D.C. Law 5-48, § 7, 30 DCR 5778; Apr. 20, 1999, D.C. Law 12-261, § 2003(aa)(3), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(ee)(3), 50 DCR 6913; Apr. 29, 2010, D.C. Law 18-145, § 3(c), 57 DCR 1834; Sept. 26, 2012, D.C. Law 19-171, § 112, 59 DCR 6190; Apr. 11, 2019, D.C. Law 22-290, § 201, 66 DCR 1668.)
1981 Ed., § 32-1306.
This section is referenced in § 44-505.
Effect of Amendments
D.C. Law 15-38, in subsec. (d), substituted “Public Health: Health Care Facility endorsement or a provisional Public Health: Human Services Facility endorsement to a basic business license under the basic” for “Class A Public Health: Health Care Facility endorsement or a provisional Public Health: Human Services facility endorsement to a master business license under the master”.
D.C. Law 18-145 added subsec. (e).
The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction.
For temporary (90 days) amendment of this section, see § 3 of Clarification of Hospital Closure Procedure Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-10, Feb. 25, 2019, 66 DCR 2461).
For temporary (90 day) amendment of section, see § 3(ee)(3) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).
Because of the enactment of subchapter II of this chapter by D.C. Law 12-238 and the designation of the preexisting text as subchapter I, “subchapter” has been substituted for “act” twice near the end of (b).
Section 112 of D.C. Law 19-171 amended subsection (e) of this section by striking the phrase “with § 44-504(a)(3)” and inserting the phrase “with section 8(a)(3) [of D.C. Law 5-48]” in its place. The legislative intent was to substitute in the phrase “with section 5(a)(3),” codified as § 44-504(a)(3), rather than the phrase “with section 8(a)(3),” and has been implemented accordingly.