§ 44–103.01. Authority to operate an assisted living residence in the District of Columbia.
It shall be unlawful to operate an assisted living residence in the District of Columbia without being licensed and in compliance with the provisions of this chapter.
§ 44–103.02. Initial ALR licensure.
(a) Applications for licensure shall be made in writing on a form or forms prescribed by the Mayor at least 60 days prior to the date needed.
(b) An applicant for ALR licensure shall pay a licensure fee as determined by the Mayor.
(c) An ALR license issued by the Mayor shall state the effective date and expiration date of the license and maximum number of residents allowed to reside in the ALR.
(d) An application for an ALR license shall include the following information:
(1) Identification of the owner and documentation supporting the fact that the ALR is owned or otherwise under the control of the applicant;
(2) Identification of the ALA and information concerning the ALA’s qualifications;
(3) Criminal background check information pursuant to subchapter II of Chapter 5 of this title;
(4) Documentation and explanation of any prior denial, suspension, or revocation of license to provide care to third parties;
(5) Location of the ALR;
(6) Statement of program;
(7) Proof of solvency;
(8) Proof of insurance coverage;
(9) Statement of services to be offered;
(10) Maximum number of residents planned;
(11) Verification that the real property where the ALR is located is owned, leased, or otherwise under the control of the applicant; and
(12) Structure of applicant’s organization and names of board members and officers.
(e)(1) The Mayor shall conduct an initial pre-licensure inspection of the premises of the ALR and of its records.
(2) An applicant for licensure shall provide the following information at the time of the pre-licensure inspection:
(A) Certificate of occupancy;
(B) Disaster plan;
(C) Staffing plan;
(D) Resident funds management system;
(E) Medication management system;
(F) Individual Service Plan policy and procedures;
(G) Admission, transfer, and discharge policies;
(H) Resident agreements, both financial and nonfinancial;
(I) Location of the ALR;
(J) Maximum number of residents to be served;
(K) Program statement;
(L) Proof of solvency; and
(M) Other reasonably relevant information required by the Mayor.
(f) Based on information obtained during the pre-licensure inspection required by subsection (e) of this section, the Mayor shall either approve the application unconditionally for 12 months or deny the application.
(g) The Mayor shall re-inspect an ALR within 6 months of the effective date of the initial licensure.
§ 44–103.03. Special ALR licensure for community residence facilities.
Pursuant to subsec. (c) of this section, this section expired 3 years after June 24, 2000.
§ 44–103.04. Renewal of ALR license.
(a) An ALR license shall be renewed every 12 months.
(b) Applications for renewal of a license shall be made in writing on a form or forms prescribed by the Mayor at least 60 days prior to the expiration of the license. The Mayor shall renew a license after receiving an application containing the information required by § 44-103.02(d) and completion of an inspection of the premises, if the Mayor finds that the application meets the requirements of this chapter.
(c) The Mayor shall issue the renewal license prior to the expiration date of the existing license if the applicant submits an application for renewal within 90 to 60 days prior to the expiration of the license and the Mayor finds that the application meets the requirements of this chapter.
(d) An applicant for renewal shall pay a renewal fee as determined by the Mayor. The fee shall cover the costs involved in processing the renewal applications and conducting inspections of the premises.
(e) Based on information provided to the Mayor and by the on-site inspection, the Mayor shall:
(1) Renew the license for 12 months;
(2) Issue a provisional license for up to 12 months if the ALR is not in full compliance with the regulations but, in the opinion of the Mayor, the noncompliance does not constitute an immediate safety or health hazard and the licensee has submitted to the Mayor an acceptable plan of correction with specific time frames; or
(3) Suspend or revoke the license as specified in § 44-104.01.
§ 44–103.05. Changes in licensee.
(a) The following changes occurring within an ALR shall require revision of the license:
(1) Change in the maximum number of residents for which the facility is licensed;
(2) Name change of the ALR;
(3) Change in ownership of the ALR;
(4) Change in location of the ALR; or
(5) Voluntary closure of the ALR.
(b) A request for changes which requires the reissuance of a license shall be made in writing to the Mayor at least 60 days in advance of the effectiveness of the changes. An application fee, as established by the Mayor, shall accompany a request for changes.
(c)(1) The licensee shall notify residents and their surrogates of any proposed changes set forth in its request for changes, in writing, 60 days before the effective date of the proposed changes.
(2) A licensee shall include the following information in its request for changes:
(A) The method for informing residents and their surrogates of its intent to make the requested changes; and
(B) The actions the licensee shall take to assist residents in securing comparable housing, if necessary.
(d)(1) Whenever there is a change of ownership, sale, assignment, or other transfer of an ALR from the person or organization named on the license to another person or organization, the transferee shall apply for a new license.
(2) A transferee shall apply for a new license at least 60 days before the final transfer.
(3) The licensee named under the current license shall remain responsible for the operation of the ALR until a new license is issued to the transferee.
(4) The Mayor shall issue a new license to the transferee if the transferee meets the requirements for licensure under this chapter. Upon issuance of the new license to the transferee, the transferor shall return its license to the Mayor by certified mail.
§ 44–103.06. Inspections.
(a) In addition to the inspections required by § 44-103.02(e), the Mayor may inspect an ALR at the Mayor’s discretion to ensure compliance with this chapter.
(b) The Mayor shall at all times ensure that any ALR licensed pursuant to this chapter is able to continually provide appropriate care to its residents. The Mayor shall notify an ALR if, at any time, the Mayor determines that the ALR is unable to provide appropriate care to any of its residents.
(c) Inspection of an ALR, or prospective ALR, for purposes of initial licensure or compliance after license renewal shall be conducted by the Mayor following the procedures set forth in § 44-505 and the requirements of this chapter.
(d) If, upon inspection, the Mayor determines that an ALR, or prospective ALR, is in violation of one or more of the requirements of this chapter, the Mayor shall give written notice of such violation to the ALR, or prospective ALR, within 15 working days of the inspection and may suggest a remedy for each violation.
(e) The violating ALR, or prospective ALR, shall submit a written response to the Mayor within 15 working days of receipt of the Mayor’s notice. The violating ALR, or prospective ALR, may deny the alleged violation, accept the Mayor’s suggested remedy, or propose its own remedy.
(f) If the Mayor accepts the ALR’s, or prospective ALR’s, written response, the Mayor may either issue a license to the ALR, or prospective ALR, if appropriate, or conduct a follow-up inspection to confirm compliance.
(g) If the Mayor and the ALR, or prospective ALR, cannot agree on an acceptable corrective action, or if the ALR, or prospective ALR, fails to respond in writing within 15 working days of receipt of the Mayor’s notice, the Mayor shall determine what action to take, including a penalty in accordance with this chapter and give the ALR, or prospective ALR, notice of his or her determination.
(h) The Mayor may inspect an ALR for the purpose of investigating a complaint.
§ 44–103.07. Restrictions.
(a) An ALR licensed pursuant to this chapter shall not use in its title the words “hospital,” “sanitorium,” “nursing,” “convalescent,” “rehabilitive,” “subacute,” or “hospice.”
(b) Only a licensed ALR may describe, market, and offer itself as such. No other entity, whether licensed or not by the District government, shall describe, market, or offer itself as an Assisted Living Residence without first obtaining an ALR license. Violation of this requirement shall constitute operation of an ALR without a license and shall be subject to penalties in accordance with this chapter.
§ 44–103.08. Appeals.
Appeals under this subchapter may be taken pursuant to subchapter XII of this chapter.