D.C. Mun. Regs. tit. 29, r. 29-499

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 29-499 - DEFINITIONS

499.1

When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Affected persons - includes, at a minimum, the following:

(a) The person (referred to as the "applicant") whose application for a proposed use of federal funds (referred to as the "project") is being reviewed;

(b) All other health systems agencies serving health service areas whose residents are proposed to be served by the project;

(c) The SHPDA and the state program agency for each state in which the project is proposed to be conducted;

(d) Entities located in the District that provide services or conduct activities similar to the proposed services or activities under review or which, prior to the receipt by the SHPDA of the application for review, have formally indicated an intention to provide similar services or conduct similar activities in the future;

(e) Entities with which the SHPDA must coordinate its activities under § 1513(d) of Public Law 93-641, as amended, including clearinghouses established under the Office of Management and Budget Circular A-95;

(f) Any agency that establishes rates for health care facilities or health maintenance organizations (HMOs) in the District; and

(g) Those members of the public who are to be served by the proposed project.

Applicant - a person or agency applying to a federal funding agency for a grant, loan, or loan guarantee, or submitting to a federal funding agency a proposal for a contract, or in the case of funds made available by a state from an allotment to the state, a person or agency applying to a state program agency for a grant or contract reviewable under federal guidelines.

Construction - includes the following:

(a) The construction of new buildings and the acquisition, expansion, remodeling, replacement, and alteration of existing buildings; and

(b) Equipping new buildings and existing buildings, whether or not expanded, remodeled, or altered.

Certificate of Need - a certificate issued by the SHPDA under the D.C. Certificate of Need Act of 1980 to an individual or organization proposing to construct or modify a health facility, or offer a new or different health service. Where a Certificate is required (for instance for most proposals which will involve more than a minimum capital investment of one hundred fifty thousand dollars ($150,000) or initiation of new health services), it is a condition of licensure of the facility or service.

Development of health resources - activities which directly result in the generation of new health resources or the improvement, including consolidation, of existing health resources. It includes, but is not limited to, education and training of health professions personnel, the development of facilities or services, and arrangements to provide services.

Expansion of health resources - any activity which will result in a substantial and significant increase in the quantity of health resources.

Federal funding agency - the organizational component of the U.S. Department of Health and Human Services which has the authority to make a grant, contract, loan, or loan guarantee reviewable under Public Law 93-641, as amended, and 42 CFR 122.401 through 415, which govern the review of proposed uses of federal funds.

Health resources - includes health services, health professions personnel, and health care facilities. Specifically the term includes the following:

(a) Health services - screening, prevention, diagnostic, treatment, habilitative, or rehabilitative services; including alcohol abuse, drug abuse, mental health, preventive and environmental health services, and health information, education, and promotion;

(b) Health professions personnel - individuals whose main occupation is the delivery of health services; and

(c) Health care facilities - general hospitals, psychiatric hospitals, other specialty hospitals, skilled nursing facilities, kidney disease treatment centers (including a free-standing hemodialysis units), intermediate care facilities, ambulatory surgical treatment facilities, and diagnostic health care facilities; but does not include Christian Science sanatoriums operated or listed and certified by the First Church of Christ Scientist, Boston, Massachusetts, or those private office facilities for the private practice of a physician, dentist, or other health care professional, except as specified in the D.C. Certificate of Need Act of 1980.

Person - an individual, trust or estate, partnership, corporation (including associations, joint stock companies, and insurance companies), or the District government or a political subdivision or instrumentality of the District government.

State program agency - the agency of the District government submitting a state plan or grant application to the Secretary of DHHS as a condition to the receipt by any person of any funds under allotments made to states reviewable under Public Law 93-641, as amended, and 42 CFR parts 122.401 through 415, which govern the review of proposed uses of federal funds.

Support of health resources - the furnishing of resources needed to provide a health resource, including money, manpower, equipment, facilities, supplies, or consultative services.

D.C. Mun. Regs. tit. 29, r. 29-499

Final Rulemaking published at 28 DCR 1086 (March 13, 1981)

The District of Columbia Certificate of Need Act of 1980, D.C. Code, 2001 Ed. § 44 -1801 to 44-1817, was repealed by D.C. Law 9-197 § 22, 39 DCR 9195 (December 11, 1992). Current provisions regarding Certificates of Need may be found at D.C. Code, 2001 Ed. §§ 44 -401 to 44-421.