(a) For the purposes of this subchapter the term:
(1) “Hospital” means a facility that provides 24-hour inpatient care, including diagnostic, therapeutic, and other health-related services, for a variety of physical or mental conditions, and may in addition provide outpatient services, particularly emergency care.
(2) “Maternity center” means a facility or other place, other than a hospital or the mother's home, that provides antepartal, intrapartal, and postpartal care for both mother and child during and after normal, uncomplicated pregnancy.
(3) “Nursing home” means a 24-hour inpatient facility, or distinct part thereof, primarily engaged in providing professional nursing services, health-related services, and other supportive services needed by the patient/resident.
(4) “Community residence facility” means a facility that provides a sheltered living environment for individuals who desire or need such an environment because of their physical, mental, familial, social, or other circumstances, and who are not in the custody of the Department of Corrections. All residents of a community residence facility shall be 18 years of age or older, except that, in the case of group homes for persons with mental retardation, no minimum age shall apply, unless this requirement is waived in accordance with § 44-505(e).
(5) “Group home for persons with mental retardation” means a community residence facility that provides a home-like environment for at least 4 but no more than 8 related or unrelated individuals who on account of mental retardation require specialized living arrangements, and maintains the necessary staff, programs, support services, and equipment for their care and habilitation.
(6) “Hospice” means an agency, organization, facility, or distinct part thereof, primarily engaged in providing a program of in-home, outpatient, or inpatient medical, nursing, counseling, bereavement, and other palliative and supportive services to terminally ill individuals and their families.
(7) “Home care agency” means an agency, organization, or distinct part thereof, other than a hospice, that provides, either directly or through a contractual arrangement, a program of health care, habilitative or rehabilitative therapy, personal care services, homemaker services, chore services, or other supportive services to sick individuals or individuals with disabilities living at home or in a community residence facility. The term “home care agency” shall not be construed to require the regulation and licensure of nonmedical services delivered by or through a religious organization on a small-scale, volunteer basis.
(8) “Ambulatory surgical facility” means any facility, other than a hospital or maternity center but including an office-based facility, at which there are performed outpatient surgical and related procedures that have been classified in accordance with § 44-504(h) due to their complexity or the degree of patient risk.
(9) “Renal dialysis facility” means any place, other than a hospital or the patient's home, that provides therapeutic care for persons with acute or chronic renal failure through the use of hemodialysis, peritoneal dialysis, or any other therapy that clears the blood of substances normally excreted by the kidneys.
(b) The Mayor shall have the authority to define variant types of facilities and agencies reasonably classified within the broader categories defined in subsection (a) of this section, and may issue rules under § 44-504 with respect to these subtypes. The Mayor shall make the final determination of whether a particular facility or agency falls within a category defined in subsection (a) of this section or a subtype defined by the Mayor pursuant to this subsection.
(c) When used throughout this act, the terms “facility” and “agency” and their plural forms shall, unless contextually inappropriate or subject to specific exception, apply to all of the facilities and agencies defined in subsection (a) of this section as well as those subtypes defined by the Mayor. The Mayor shall make the final determination of whether a provision is contextually inappropriate for a particular agency or facility.
CREDIT(S)
(Feb. 24, 1984, D.C. Law 5-48, § 2, 30 DCR 5778; Mar. 14, 1985, D.C. Law 5-154, § 2(a), 32 DCR 7; Sept. 5, 1985, D.C. Law 6-26, § 2(a), 32 DCR 3615; Feb. 28, 1987, D.C. Law 6-215, § 2(a), 34 DCR 893; July 8, 1988, D.C. Law 7-131, § 3, 35 DCR 4106; Mar. 16, 1989, D.C. Law 7-199, § 3, 36 DCR 3; Mar. 24, 2007, D.C. Law 16-305, § 69, 53 DCR 6198.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 32-1301.
Effect of Amendments
D.C. Law 16-305, in subsec. (a), pars. (4) and (5), substituted “persons with mental retardation” for “mentally retarded persons”, and in par. (7), substituted “individuals or individuals with disabilities” for “or disabled individuals”.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2 of Mandatory Autopsy for Deceased Wards of the District of Columbia and Mandatory Unusual Incident Report Temporary Act of 1999 (D.C. Law 13-104, May 9, 2000, law notification 47 DCR 4341).
For temporary (225 day) amendment of section, see § 2 of Mandatory Autopsy for Deceased Wards of the District of Columbia and Mandatory Unusual Incident Report Temporary Act of 2000 (D.C. Law 13-244, April 3, 2001, law notification 48 DCR 3486).
Section 7(b) of D.C. Law 13-244 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90-day) authorization of autopsies, see § 3 of the Mandatory Autopsy for Deceased Wards of the District of Columbia and Mandatory Unusual Incident Report Congressional Review Emergency Act of 2000 (D.C. Act 13-309, April 7, 2000, 47 DCR 2730).
For temporary (90-day) amendment of section, see § 2 to 4 of the Mandatory Autopsy for Deceased Wards of the District of Columbia and Mandatory Unusual Incident Report Emergency Act of 2000 (D.C. Act 13-493, December 18, 2000, 48 DCR 65).
Legislative History of Laws
Law 5-48, “Health-Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983,” was introduced in Council and assigned Bill No. 5-166, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on September 20, 1983, and October 4, 1983, respectively. Signed by the Mayor on October 28, 1983, it was assigned Act No. 5-74 and transmitted to both Houses of Congress for its review.
Law 5-154 was introduced in Council and assigned Bill No. 5-555, and was retained by the CounciL. The Bill was adopted on first and second readings on November 20, 1984, and December 4, 1984, respectively. Signed by the Mayor on December 7, 1984, it was assigned Act No. 5-219 and transmitted to both Houses of Congress for its review.
Law 6-26 was introduced in Council and assigned Bill No. 6-142, which was referred to the Committee on Consumer and Regulatory Affairs and reassigned to the Committee on Human Services. The Bill was adopted on first and second readings on May 28, 1985, and June 11, 1985, respectively. Signed by the Mayor on June 13, 1985, it was assigned Act No. 6-41 and transmitted to both Houses of Congress for its review.
Law 6-215 was introduced in Council and assigned Bill No. 6-538, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on November 25, 1986, and December 16, 1986, respectively. Signed by the Mayor on January 8, 1987, it was assigned Act No. 6-275 and transmitted to both Houses of Congress for its review.
Law 7-131 was introduced in Council and assigned Bill No. 7-469. The Bill was adopted on first and second readings on April 19, 1988 and May 3, 1988, respectively. Signed by the Mayor on May 19, 1988, it was assigned Act No. 7-181 and transmitted to both Houses of Congress for its review.
Law 7-199 was introduced in Council and assigned Bill No. 7-473, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on November 29, 1988 and December 13, 1988, respectively. Signed by the Mayor on December 21, 1988, it was assigned Act No. 7-264 and transmitted to both Houses of Congress for its review.
Law 13-244, the “Mandatory Autopsy for Deceased Wards of the District of Columbia and Mandatory Unusual Incident Report Temporary Act of 2000”, was introduced in Council and assigned Bill No. 13-910. The Bill was adopted on first and second readings on November 8, 2000, and December 5, 2000, respectively. Signed by the Mayor on December 21, 2000, it was assigned Act No. 13-522 and transmitted to both Houses of Congress for its review. D.C. Law 13-244 became effective on April 3, 2001.
For Law 16-305, see notes following § 44-102.01.
References in Text
“This act,” referred to in the first sentence of subsection (c), is D.C. Law 5-48.
Editor's Notes
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” in the introductory language of (a).
Delegation of Authority
Delegation of Authority Pursuant to D.C. Law 5-48, the Health-Care and Community Residence Licensure Act of 1983, see Mayor's Order 2009-120, June 29, 2009 (56 DCR 6871).