§ 7–1131.14. Rules.

No later than October 1, 2001, and in accordance with Chapter 5 of Title 2, the Department shall issue rules establishing:

(1) Definitions for priority populations, including, but not limited to persons with serious mental illness and children or youth with serious emotional disturbance;

(2) Standards for the operation of mental health services and mental health supports, including, but not limited to requirements regarding:

(A) Qualifications of providers, except those who are required to operate under professional licenses pursuant to subchapter I-A and I-B of Chapter 28 of Title 47;

(B) Accessibility, availability, appropriateness, and cultural competence of the delivery of mental health services and mental health supports; and

(C) Protections for consumers of mental health services that are consistent with Chapter 12A of this title and other applicable law;

(3) Standards and procedures for internal and external monitoring and evaluation of the delivery of mental health services and mental health supports, including, but not limited to standards and procedures for granting certification or full or conditional licensure to providers of mental health services or mental health supports, and limitations on providers of mental health services or mental health supports that are granted conditional licensure;

(4) Standards and procedures for revoking the certifications or licenses, other than professional licenses, of providers of mental health services or mental health supports who do not continue to meet the standards established by the Department, and procedures for facilitating the ongoing delivery of mental health services and mental health supports to consumers of such providers;

(5)(A) A schedule of civil fines for providers of mental health services and mental health supports operating in the District without licensure or certification by the Department, to the extent that such schedule is not already part of Chapter 38 of Title 22 of the District of Columbia Municipal Regulations.

(B) The Department shall submit the proposed schedule of fines, and any subsequent amendments to the schedule, to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed schedule, in whole or in part, by resolution within this 45-day review period, the proposed schedule shall be deemed approved;

(6) A joint consent for the use of protected mental health information by participating providers that is consistent with 45 C.F.R. Parts 160 and 164 and Chapter 12 of this title.

(Dec. 18, 2001, D.C. Law 14-56, § 114, 48 DCR 7674.)

Section References

This section is referenced in § 7-1131.02, § 7-1131.03, § 7-1131.12, and § 7-1201.01.

Emergency Legislation

For temporary (90 day) addition of section, see § 14 of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390).

For temporary (90 day) addition of section, see § 14 of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123).

For temporary (90 day) addition of section, see § 114 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).

Temporary Legislation

For temporary (225 day) addition of section, see § 14 of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).

Short Title

Short title: Section 5031 of D.C. Law 19-21 provided that subtitle D of title V of the act may be cited as “Mental Health Services Eligibility Act of 2011”.

Editor's Notes

Section 5032 of D.C. Law 19-21 provided:

“Sec. 5032. Mental health eligibility requirements.

“By October 1, 2011, the Department of Mental Health shall issue rules governing eligibility for locally funded mental-health-rehabilitation services. At a minimum, the rules shall limit eligibility to:

“(1) District residents;

“(2) Individuals who are not eligible for Medicaid or Medicare or are not enrolled in any other third-party insurance program; provided, that eligibility or enrollment in the D.C. HealthCare Alliance shall not preclude eligibility for locally funded mental-health-rehabilitation services;

“(3) Individuals 19 years of age and older who live in households with a countable income of less than 200% of the federal poverty level and individuals under 19 years of age who live in households with a countable income of less than 300% of the federal poverty level; and

“(4) Individuals who meet the definition of ‘children or youth with mental health problem’ or ‘persons with mental illness’ as those terms are defined in section 102(1) and (24), respectively, of the Department of Mental Health Establishment Amendment Act of 2001, effective December 18, 2001 (D.C. Law 14-56; D.C. Official Code § 7-1131.02(1) and (24)).”

Resolutions

Resolution 14-597, the “Department of Mental Health Civil Infractions Rulemaking Emergency Approval Resolution of 2002”, was approved effective October 25, 2002.