3608. HOME CARE AGENCY INFRACTIONS

3608 HOME CARE AGENCY INFRACTIONS 3608.1 Violation of any of the following provisions shall be a Class 1 infraction: (a) 22 DCMR § 3900.2 (operating a home care agency without a license); (b) 22 DCMR § 3900.3 (failure of existing agency to apply for licensure within time specified). 3608.2 Violation of any of the following provisions shall be a Class 2 infraction: (a) 22 DCMR § 3900.4 (failure to provide at least one required service); (b) 22 DCMR § 3900.5 (failure to maintain an operating office within the District of Columbia and to staff that office at least 8 hours per day, Monday through Friday); (c) 22 DCMR § 3900.6 (failure to maintain required records within District of Columbia office or to produce records for inspection as specified); (d) 22 DCMR § 3900.8 (failure to comply with other applicable federal and District laws and rules); (e) 22 DCMR § 3901 (failure to comply with insurance requirements); (f) 22 DCMR § 3904 (failure to have a qualified Director or failure of Director to carry out responsibilities); (g) 22 DCMR § 3907.8 (knowingly permitting an employee under the influence of drugs or alcohol or carrying a communicable disease to provide home care services); (h) 22 DCMR § 3907.9 (failure to ensure that an employee is properly licensed, certified, or registered to provide services); (i) 22 DCMR § 3908.3 (failure to properly evaluate a request for home care services); (j) 22 DCMR § 3914.1 (failure to develop a patient plan of care); (k) 22 DCMR § 3914.2 (failure to obtain physician approval of patient plan of care); (l) 22 DCMR § 3916.1 (failure to periodically review, evaluate, and report to physician on skilled care services); (m) 22 DCMR § 3916.3 (failure to provide skilled services in accordance with plan of care); (n) 22 DCMR § 3917 (failure to comply with requirements concerning skilled nursing services); (o) 22 DCMR § 3918 (failure to comply with requirements concerning psychiatric nursing services); (p) 22 DCMR § 3919 (failure to comply with requirements concerning monitoring services); (q) 22 DCMR § 3920, except § 3920.5 (failure to comply with requirements concerning intravenous therapy services); or (r) 22 DCMR § 3924 (failure to comply with requirements concerning restrictions on service to patients requiring special care). 3608.3 Violation of any of the following provisions shall be a Class 3 infraction: (a) 22 DCMR § 3903 (failure to establish a governing body or failure of governing body to comply with specified requirements); (b) 22 DCMR § 3905 (failure to develop, implement, and make available policies and procedures); (c) 22 DCMR § 3906 (failure to comply with requirements concerning contractor agreements); (d) 22 DCMR § 3907.2 (failure to maintain accurate and complete personnel records); (e) 22 DCMR § 3907.4 (failure to maintain personnel records within District of Columbia office or to produce records for inspection as specified); (f) 22 DCMR § 3907.6 (failure to verify that new employee has been screened for and is free of communicable disease); (g) 22 DCMR § 3907.7 (failure to ensure that employee is screened for and certified free of communicable disease annually); (h) 22 DCMR § 3907.10 (failure to document professional qualifications of employee or care provider); (i) 22 DCMR § 3908.3 (failure to comply with requirements concerning admission policies, procedures and recordkeeping); (j) 22 DCMR § 3909 (failure to comply with requirements concerning discharge, transfer or referral); (k) 22 DCMR § 3910 (failure to comply with requirements concerning records retention and disposal); (l) 22 DCMR § 3911 (failure to comply with requirements concerning clinical records); (m) 22 DCMR § 3914, except § 3914.1 and § 3914.2 (failure to comply with requirements concerning content of patient plan of care); (n) 22 DCMR § 3915 (failure to comply with requirements concerning home health aide and personal care aide services); (o) 22 DCMR § 3916.2 (failure to develop and implement policies for documentation of coordination of skilled services); (p) 22 DCMR § 3920.5 (failure to comply with policies and procedures requirements for intravenous therapy); (q) 22 DCMR § 3921 (failure to comply with requirements concerning nutritional support services); (r) 22 DCMR § 3922 (failure to comply with requirements concerning occupational therapy services); (s) 22 DCMR § 3923 (failure to comply with requirements concerning physical therapy services); (t) 22 DCMR § 3925 (failure to comply with requirements concerning speech language pathology services); or (u) 22 DCMR § 3926 (failure to comply with requirements concerning social services). 3608.4 Violation of any of the following provisions shall be a Class 4 infraction: (a) 22 DCMR § 3900.7 (failure to post license conspicuously); (b) 22 DCMR § 3907.1 (failure to have and make available written personnel policies as specified); (c) 22 DCMR § 3907.5 (failure to permit employee to review personnel records); (d) 22 DCMR § 3907.11 (failure to ensure that employee or contract worker presents valid agency identification before entering patient's home); (e) 22 DCMR § 3912 (failure to comply with requirements concerning patient rights and responsibilities); or (f) 22 DCMR § 3913 (failure to comply with requirements concerning complaint process). SOURCE: Final Rulemaking published at 52 DCR 5014 (May 27, 2005).