§ 44–420. Fees.

(a) The SHPDA shall collect application fees from persons that request a certificate of need. The fee required for an application shall be the greater of 3% of the proposed capital expenditure or $5,000, with a maximum of $300,000. The SHPDA is authorized to establish a fee schedule for certain data, analyses and reports published by the SHPDA from the HPDS. The annual user fee for private hospitals shall be $4 per inpatient admission and increase to $4.50 per inpatient admission beginning in the 2021 fiscal year, based on the previous calendar year’s admission data, to be paid to the SHPDA on a quarterly basis, in lieu of a certificate of need application fee. The certificate of need application fee for any project receiving funds through the Medical Homes DC initiative, as operated by the District of Columbia Primary Care Association, shall be $5,000. User fees may also be established for other classes of facilities by regulation. SHPDA may adjust a user fee periodically to reflect the change in the Consumer Price Index issued by the Bureau of Labor Statistics, United States Department of Labor.

(b) Notwithstanding the provisions of subsection (a) of this section, the maximum application fee that may be collected from Specialty Hospitals of America, LLC, or certain of its subsidiary entities, for facilities located in Lots 3 and 4, Square 5919, related to the acquisition of Greater Southeast Community Hospital shall be $300,000.

(c)(1) Notwithstanding the provisions of subsection (a) of this section, the maximum application fee that may be collected from either a federally qualified health center or a federally qualified health center look-alike for a new institutional health service located in Ward 7 or Ward 8 shall be $5,000.

(2) For the purposes of this subsection, the term:

(A) "Federally qualified health center" shall have the same meaning as provided in section 1861(aa)(4) of the Social Security Act, approved August 14, 1935 (79 Stat. 313; 42 U.S.C. § 1395x(aa)(4)).

(B) "Federally qualified health center look-alike" means an entity that has been determined by the Health Resources and Services Administration of the U.S. Department of Health and Human Services to meet the definition of a federally qualified health center, but does not receive funding under section 330 of the Public Health Service Act, approved June 12, 2002 (117 Stat. 2020; 42 U.S.C. § 254b).

(d) Notwithstanding the provisions of subsection (a) of this section, the $52,050 application fee paid by Iona Senior Services for a project located at 3303 Stanton Road, S.E., Washington, D.C., 20020, shall be waived and refunded.

(e) Notwithstanding the provisions of subsection (a) of this section, the maximum application fee that may be collected from Community of Hope for a project located at 2120 Bladensburg Road, N.E., Washington, D.C., 20018, shall be $5,000, and any application fees paid prior to March 3, 2020 shall be refunded.

(Apr. 9, 1997, D.C. Law 11-191, § 21, 43 DCR 4535; June 5, 2003, D.C. Law 14-307, § 2002(d), 49 DCR 11664; Apr. 22, 2004, D.C. Law 15-149, § 2(h), 51 DCR 2802; Mar. 20, 2008, D.C. Law 17-116, § 2, 55 DCR 1280; June 5, 2008, D.C. Law 17-167, § 3, 55 DCR 5178; Oct. 30, 2018, D.C. Law 22-176, § 2, 65 DCR 9552; Mar. 10, 2020, D.C. Law 23-60, § 2(d), 67 DCR 568.)

Prior Codifications

1981 Ed., § 32-370.

Section References

This section is referenced in § 44-402 and § 44-420.01.

Effect of Amendments

D.C. Law 14-307 substituted “3% of the proposed capital expenditure or $5,000, with a maximum of $300,000” for “1% of the proposed capital expenditure or $2, 000, with a maximum of $25,000”.

D.C. Law 15-149 added three new sentences at the end to read: “The annual user fee for private hospitals shall be $4 per inpatient admission, based on the previous calendar year’s admission data, to be paid to the SHPDA on a quarterly basis, in lieu of a certificate of need application fee. User fees may also be established for other classes of facilities by regulation. SHPDA may adjust a user fee periodically to reflect the change in the Consumer Price Index issued by the Bureau of Labor Statistics, United States Department of Labor.”

D.C. Law 17-116 inserted “The certificate of need application fee for any project receiving funds through the Medical Homes DC initiative, as operated by the District of Columbia Primary Care Association, shall be $5,000.”

D.C. Law 17-167 designated the existing text as subsec. (a); and added subsec. (b).

Applicability

Section 7072 of D.C. Law 23-149 repealed section 3 of D.C. Law 23-60 removing the applicability provision impacting this section. Therefore, the creation of subsections (d) and (e) of this section by section 2 of Law 23-60 has been implemented.

Section 7063 of D.C. Law 23-149 repealed section 3 of D.C. Law 22-176 removing the applicability provision impacting this section. Therefore, the amendment of this section by section 2 of Law 22-176 has been implemented.

Applicability of D.C. Law 23-60: § 3 of D.C. Law 23-60 provided that the change made to this section by § 2(d)(2) of D.C. Law 23-60 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Applicability of D.C. Law 22-176: § 3 of D.C. Law 22-176 provided that the change made to this section by § 2 of D.C. Law 22-176 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) , see § 2 of Unity Health Care, Inc. Certificate of Need Maximum Fee Establishment Emergency Amendment Act of 2017 (D.C. Act 22-110, July 28, 2017, 64 DCR 7396).

For temporary (90 day) amendment of section, see § 2002(d) of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700).

For temporary (90 day) amendment of section, see § 2002(d) of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151).

For temporary (90 day) amendment of section, see § 2(g) of Health Services Planning and Development Emergency Amendment Act of 2003 (D.C. Act 15-49, March 28, 2003, 50 DCR 2943).

For temporary (90 day) amendment of section, see § 2(g) of Health Services Planning and Development Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-87, May 19, 2003, 50 DCR 4325).

For temporary (90 day) amendment of section, see § 2002(d) of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499).

For temporary (90 day) amendment of section, see § 2(g) of Health Services Planning and Development Emergency Amendment Act of 2004 (D.C. Act 15-322, January 28, 2004, 51 DCR 1581).

For temporary (90 day) amendment of section, see § 3 of East of the River Hospital Revitalization Emergency Amendment Act of 2007 (D.C. Act 17-168, October 19, 2007, 54 DCR 10978).

For temporary (90 day) amendment of section, see § 2 of Health Services Planning Program Emergency Amendment Act of 2007 (D.C. Act 17-234, December 27, 2007, 55 DCR 238).

For temporary (90 day) amendment of section, see § 3 of East of the River Hospital Revitalization Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-249, January 23, 2008, 55 DCR 1255).

For temporary (90 day) amendment of section, see § 2 of Health Services Planning Program Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-319, March 19, 2008, 55 DCR 3430).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of Unity Health Care, Inc. Certificate of Need Maximum Fee Establishment Temporary Amendment Act of 2017 (D.C. Law 22-28, Dec. 1, 2017, 64 DCR 10166).

For temporary (225 day) amendment of section, see § 2(g) of Health Services Planning and Development Temporary Amendment Act of 2003 (D.C. Law 15-19, June 21, 2003, law notification 50 DCR 5463).

Section 3 of D.C. Law 17-71 designated the existing text as subsec. (a) and added subsec. (b) to read as follows: “(b) Notwithstanding the provisions of subsection (a) of this section, the maximum application fee that may be collected from Specialty Hospitals of America, LLC, or certain of its subsidiary entities, for facilities located in Lots 3 and 4, Square 5919, related to the acquisition of Greater Southeast Community Hospital shall be $300,000.”

Section 5(b) of D.C. Law 17-71 provided that the act shall expire after 225 days of its having taken effect.