Conning the Competition

Hospitals must obtain a CON to add 10 beds or to increase beds by 10% or more (whichever is smaller) within a two-year period.

D.C. Code § 44-401(15)(A)(iv)

2.Other specialty hospital beds.

These facilities must obtain a CON to add 10 beds or to increase beds by 10% or more (whichever is smaller) within a two-year period.

D.C. Code § 44-401(15)(A)(iv)

D.C. Code §§ 44-401(15)(A)(iv), 44-401(10)

44-401(10)

2.Skilled nursing facility.

3.Intermediate care facility.

4.Ambulatory care center or clinic.

5.Ambulatory surgical facility.

6.Kidney disease treatment center.

7.Freestanding hemodialysis facility.

8.Diagnostic health care facility.

9.Hospice, or other comparable health care facility which has an annual operating budget of at least $500,000.

2.Curative medical or clinical related service.

3.Rehabilitative medical or clinical related service.

4.Inpatient mental health services.

D.C. Mun. Regs. tit. 22-B § 4100.2(q)

D.C. Mun. Regs. tit. 22-B, § 4100.2(r)

1.Upgrading, maintaining or improving of facility deficiencies that may be in violation of federal and D.C. fire, building or safety codes.

§ 44-407(b)(1)

2.The correction of deficiencies identified by private national accrediting associations and D.C. government licensing agencies.

§ 44-407(b)(2)

3.Nonpatient care projects requiring the obligation of a capital expenditure of less than $8 million.

§ 44-407(b)(3)

4.The acquisition of the same or similar medical equipment to replace, upgrade or expand the capacity of the equipment for which a certificate of need has been granted, if the replaced equipment is removed from service.

§ 44-407(b)(4)

5.The acquisition of major medical equipment to be used solely for research, new institutional health services to be offered solely for research, or the obligation of a capital expenditure to be made solely for research.

§ 44-407(b)(5)

6.Developing a new institutional health service to accommodate a resident to be transferred from D.C. Village.

§ 44-407(b)(7)

7.The voluntary permanent reduction in the number in licensed bed capacity where a request for exemption is made 60 days before the reduction and the SHPDA finds that the reduction in bed capacity would not be inconsistent with the HSP.

§ 44-407(b)(8)

8.For a period of one year commencing on December 18, 2001, any increase in the licensed psychiatric bed capacity by a private general hospital, psychiatric hospital, other specialty hospital or rehabilitation facility holding a certificate of need to operate psychiatric beds.

§ 44-407(b)(9)

9.The acquisition of major medical equipment or establishment of new institutional health services determined by DOH to be necessary for a declared public health purpose or deemed necessary by DOH to provide health care services under contract to or grant from a District of Columbia or federal agency.

§ 44-407(b)(10)

10.District of Columbia public, chartered and private schools for any health care service offered or developed for students with special needs in compliance with any federal or D.C. legal requirements.

§ 44-407(b)(11)

11.The acquisition before October 1, 2003 of any single piece of diagnostic or therapeutic equipment which was acquired by lease, purchase, donation or other comparable arrangement by or on behalf of a physician, a group of physicians, a private group practice of diagnostic radiology or radiation therapy or a diagnostic health care facility, or the replacement of such equipment.

§ 44-407(b)(12)

12.Any increase in the licensed psychiatric bed capacity by a private general hospital, psychiatric hospital or other specialty or rehabilitation hospital.

§ 44-407(b)(13)

13.The acquisition of equipment for, and the construction of, a full-service, community hospital by the District on the St. Elizabeth’s Hospital Campus with 200 licensed beds.

§ 44-407(b)(18)

14. The acquisition of equipment for, and the construction of, a skilled nursing facility in Ward 7 or 8 with up to 125 licensed beds that shall be constructed to accommodate the safe transition of patients who require skilled nursing from United Medical Center.

§ 44-407(b)(19)

15.The operation of a nonprofit specializing in vision screening and providing free diagnostic services and eyewear to school children and youth in the District of Columbia.

§ 44-407(b)(20)