Code of the District of Columbia

Chapter 7. Hospitals, Asylums, Charities Generally.

Subchapter I. General.

§ 44–701. Limitation on erection of hospital for contagious diseases.

No building for use as a public or private hospital for contagious diseases shall be erected in the District of Columbia within 300 feet of any building owned by a private individual or any other party than the one erecting the building.

§ 44–702. Children’s Tuberculosis Sanatorium — Construction and equipping authorized.

The Mayor of the District of Columbia is authorized to acquire, by purchase, condemnation, or otherwise, a site, and to cause to be constructed thereon, in accordance with plans and specifications approved by such Mayor, suitable buildings and structures for use as a Children’s Tuberculosis Sanatorium, including necessary approaches and roadways, heating and ventilating apparatus, furniture, equipment, and accessories.

§ 44–703. Providence Hospital authorized to conduct hospital, clinic and school.

The Providence Hospital is authorized to conduct not only a hospital, clinic, and all the departments, staffs, and services usually connected therewith, but also a school for the education and training of nurses and interns with full power to examine the said nurses and interns and to issue suitable certificates evidencing the completion of their courses of training.

§ 44–704. Standards of indigency; emergency and semi-indigent patients.

The Council of the District of Columbia shall establish from time to time reasonable standards of indigency for admission of patients to municipal hospitals of the District of Columbia; provided, that emergency and semi-indigent patients may be admitted to the general ward and tuberculosis ward of District of Columbia General Hospital on a full- or part-pay basis at such rates and under such regulations as may be established by the Council insofar as such admissions will not interfere with the admission of indigent patients; provided further, that the Mayor of the District of Columbia may enter into agreements with the States of Maryland and Virginia, or the political subdivisions thereof, for the care and treatment in such municipal hospitals of emergency patients who are indigent residents of such States or political subdivisions.

§ 44–705. Payments to needy patients.

The Mayor of the District of Columbia, pursuant to regulations prescribed by the Council of the District of Columbia, is authorized to furnish cash payments to needy patients in hospitals operated by or under contract (relating to the care of needy patients) with the District of Columbia in such amounts and at such times as he may determine.

§ 44–706. Institutional care under contract.

The Mayor of the District of Columbia is authorized to contract with hospitals and other institutions for both the care of indigent or medically indigent patients in hospitals and the care and maintenance of persons for whom the District of Columbia is responsible. The Mayor may from time to time adjust the rates of reimbursement for such care by issuing rules pursuant to subchapter I of Chapter 5 of Title 2, and by filing a copy of proposed rate changes with the Council of the District of Columbia at least 30 days before their effective date. The 30-day period for Council review shall not include days that pass during a recess of the Council. The rates of reimbursement under the D.C. Medical Charities program in effect for the fiscal year ending September 30, 1985, shall thereafter remain in effect until adjusted by the Mayor in accordance with this section.

§ 44–707. Stipends for patients and certain resident employees.

The Mayor of the District of Columbia is authorized, pursuant to regulations prescribed by the Council of the District of Columbia, to provide for the payment of stipends to patients and residents employed in institutions of or under programs sponsored by the government of the District of Columbia as an aid to their rehabilitation or for training purposes. Nothing contained herein shall be construed as conferring employee status on any person covered by this section.

§ 44–708. Benefits in lieu of salary for certain workers in District facilities.

Notwithstanding any other provision of law, the Mayor of the District of Columbia is authorized to furnish, pursuant to regulations prescribed by the Council of the District of Columbia, subsistence, living quarters, and laundry in lieu of salary to persons authorized by the Mayor to work in facilities of the government of the District of Columbia for the purposes of securing training and experience in their future vocations.

§ 44–709. Mayor to visit, investigate and report on certain charitable institutions.

The Mayor of the District of Columbia is required to visit and investigate the management of all institutions of charity within the District which may be appropriated for out of the District revenues, in whole or in part, and shall require an itemized report of receipts and expenditures to be made to him, to be transmitted with his annual report to Congress, which report shall also include such recommendations as the Mayor may deem proper concerning the necessity for such institutions, together with a plan for their organization and management, and estimates of appropriations necessary for their maintenance.

§ 44–710. Mayor authorized to visit, investigate and report on certain organizations.

The Mayor of the District of Columbia is authorized to visit, investigate the management of, and have a report of the receipts and expenditures of the Columbia Hospital for Women and Lying-in Asylum, the Children’s Hospital, Saint Ann’s Infant Asylum, National Association for Colored Women and Children, Women’s Christian Association, Little Sisters of the Poor, and the German Orphan Asylum, so long as they respectively accept money appropriated by Congress for their aid.

§ 44–711. Appropriations for charitable and reformatory institutions to be lien on property.

All sums of money appropriated and expended in aid of the purchase of real estate for charitable or reformatory institutions in the District of Columbia, or for buildings or for permanent improvements to buildings thereon, shall (subject to any trust deed, mortgage, or other security or encumbrance existing on such property at the time of its purchase, or created at the time of its purchase) be a lien upon such property, and in case of the dissolution of any such corporation owning such property, or in case of the disposal of such property, by such corporation, entitle the United States to reimbursement in proportion to any other contributions or funds used for such purposes; and the acceptance by any such corporation of any sum of money appropriated for the foregoing purposes shall be deemed an acceptance of and agreement to this provision.

§ 44–712. Terms of Congressmen as trustees or directors of certain corporations or institutions.

In all cases where Members of Congress or Senators are appointed to represent Congress on any board of trustees or board of directors of any corporation or institution to which Congress makes any appropriation, the term of said Members or Senators, as such trustee or director, shall continue until the expiration of 2 months after the 1st meeting of the Congress chosen next after their appointment.

§ 44–713. Compensation of physicians to the poor.

The compensation of the physicians to the poor shall not exceed $40 per month each.

§ 44–714. Conflicts of interest by directors or trustees of certain charitable institutions.

No member or members of any board or boards of trustees or directors of any charitable institution, organization or corporation in the District of Columbia, which is supported in whole or in part by appropriations made by Congress, shall engage in traffic with said institution, organization or corporation for financial gain, and any member or members of such board of trustees or directors who shall so engage in such traffic shall be deemed legally disqualified for service on said board or boards.

§ 44–715. Congressional policy as to appropriations to churches or religious entities.

It is hereby declared to be the policy of the government of the United States to make no appropriation of money or property for the purpose of founding, maintaining, or aiding by payment for services, expenses, or otherwise, any church or religious denomination, or any institution or society which is under sectarian or ecclesiastical control; and no money appropriated for charitable purposes in the District of Columbia shall be paid to any church or religious denomination, or to any institution or society which is under sectarian or ecclesiastical control.

§ 44–716. Home for Aged and Infirm — Sale of surplus products.

The Mayor is authorized, under such regulations as the Council of the District of Columbia may prescribe, to sell the surplus products of the Home for the Aged and Infirm. All moneys derived from such sales shall be paid into the Treasury of the United States to the credit of the General Fund of the District of Columbia.

§ 44–717. Home for Aged and Infirm — Admission of pay patients.

Pay patients may be admitted to the Home for the Aged and Infirm for care and treatment at such rates and under such regulations as may be established by the Council of the District of Columbia, insofar as such admissions will not interfere with admission of indigent patients; provided, however, that the rates shall not exceed the estimated per capita cost for the current year.

Subchapter II. Fees for Clinical Services and Asbestos Abatement.

§ 44–731. Fees for clinical services.

(a) A fee, based on rates to be established by the Mayor, shall be charged to each person who is not indigent for all clinical services provided at District of Columbia health clinics. The Mayor’s authority to set such fees at D.C. General Hospital and for those services provided at the Ambulatory Health Care Administration community health clinics shall terminate on the date that the Board of Directors of the District of Columbia Health and Hospitals Public Benefit Corporation has its first meeting in accordance with § 44-1102.04(h) [repealed].

(b) The following clinical health services shall be provided by the Mayor at District of Columbia health clinics, including the outpatient clinic at the D.C. General Hospital, through contractual arrangements with private agencies or providers, or through other alternative arrangements:

(1) Screening services:

(A) Hypertension;

(B) Sickle cell anemia; and

(C) Asbestosis, cancer of the stomach, cancer of the colon, rectal cancer, and other diseases resulting from prolonged exposure to asbestos. Free screening services for these diseases shall be provided only to those persons who have been identified as having a high risk of asbestos related disease and who do not have any form of health insurance in accordance with recommendations of the Task Force on Asbestos Abatement and rules and regulations issued by the Mayor.

(2) Screening and treatment services:

(A) Drug addiction;

(B) Lead poisoning;

(C) Venereal disease;

(D) Tuberculosis outpatient care; and

(E) Forensic psychiatry.

(3) Immunization services:

(A) Communicable disease in adults and children; and

(B) Rabies in animals.

(c)(1) The Mayor may determine that certain services will be provided without charge to all patients, because such a policy is determined to be in the public interest on the basis of any of the following health factors:

(A) Threat of communicable disease;

(B) Danger to the public health; or

(C) Mortality and morbidity related to a specific disease.

(2) All clinical health services shall be provided, without charge, at District of Columbia health clinics, including the outpatient clinic at the D.C. General Hospital, to persons who are receiving assistance under subchapter VII of Chapter 2 of Title 4, and who do not receive assistance under Medicaid.

(d) At the beginning of each fiscal year, the Mayor shall cause to be published in the District of Columbia Register a list of those services, if any, rendered free of charge by city clinics and by the D.C. General Hospital in the public interest.

(e) For purposes of this subchapter, the term “clinical services” shall include all health services rendered by the District in an ambulatory setting, including mental health, alcoholism, and drug treatment services.

§ 44–732. Asbestos abatement — Task Force established.

(a) There is established a Task Force on Asbestos Abatement (“Task Force”).

(b) The Task Force shall consist of 9 members appointed as follows:

(1) Two members shall be appointed by the Mayor to represent the interests of the District of Columbia government;

(2) Two members shall be appointed by the Board of Education to represent the interests of the District of Columbia Public Schools; and

(3) Five members shall be appointed by the Council, 3 of whom shall have experience in the field of occupational health and safety and who shall have demonstrated a knowledge of and interest in asbestos-related diseases.

(c) Members of the Task Force shall be appointed within 15 days (excluding Saturdays, Sundays, and holidays) of March 15, 1985, or within 15 days (excluding Saturdays, Sundays, and holidays) of November 29, 1984, whichever occurs first.

(d) Vacancies occurring upon the Task Force shall be filled in the same manner as original appointees as provided in subsection (b) of this section.

(e) Five members of the Task Force shall constitute a quorum.

(f) The Task Force shall study all matters relating to the presence and condition of asbestos in public buildings owned or leased by the District of Columbia and shall make recommendations to the Mayor and the Council within 120 days of November 29, 1984. The report shall outline an asbestos abatement program for the District and shall contain, but not be limited to, the following information:

(1) A list of all public buildings owned or leased by the District of Columbia which have been constructed with asbestos materials and which pose a threat to public health and safety, or a plan for identifying these buildings;

(2) A plan for identifying those individuals within the District of Columbia who have a high risk of asbestos-related diseases because of prolonged exposure to public buildings containing friable asbestos material;

(3) Draft legislation to regulate individuals who are in the business of removing or containing asbestos material;

(4) Projections on the cost of removal or containment of asbestos in public buildings and on the cost of providing screening services to persons who have been identified as having a high risk of asbestos-related disease; and

(5) Specific recommendations on action that may be taken by the Mayor and the Council to implement a prompt and thorough abatement program.

(g) The Task Force shall cease to exist 30 days after submission of the report required by subsection (f) of this section.

§ 44–733. Asbestos abatement — Rules and regulations.

The Mayor is authorized to issue rules and regulations, in accordance with recommendations of the Task Force, to carry out the purposes of this subchapter.

§ 44–734. Asbestos abatement — Appropriations.

There may be appropriated out of revenues available to the District sums necessary to carry out the purposes of this subchapter.

Subchapter III. Conveyance of Property to Columbia Hospital.

§ 44–751. In general.

Subject to the provisions of § 44-752 [repealed], the Administrator of General Services and the Commissioner of the District of Columbia are directed to convey, without monetary consideration, to the Columbia Hospital for Women and Lying-in Asylum, Washington, District of Columbia, a corporation created by the Act of June 1, 1866 (14 Stat. 55), all right, title, and interest of the United States and of the District of Columbia in and to those pieces or parcels of land in the District of Columbia, described as follows, together with all improvements thereon and appurtenances thereto:

(1) All that piece or parcel of land situate and lying in the City of Washington in the District of Columbia and known as part of square no. 25, as laid down and distinguished on the plat or plan of said City, as follows: Beginning at the southeast corner of said square and running thence north with 24th Street 231 feet and 7 inches; thence west 230 feet and 6 inches; thence north to M Street 231 feet and 10 inches; thence west with M Street 215 feet and 6 inches to 25th Street; thence south with 25th Street 263 feet and 5 inches; thence east 200 feet; thence south to L Street 200 feet; thence east with L Street 246 feet to the beginning; and being the property conveyed to the United States of America by deed dated October 17, 1876, from the Columbia Hospital for Women and Lying-in Asylum, recorded in liber 836, folio 159, of the land records of the District of Columbia; and

(2) All that piece or parcel of land situate and lying in the City of Washington in the District of Columbia on the northeast corner of L and 25th Streets Northwest, being a part of original square no. 25, as follows: Beginning at the southwest corner of said square and running thence east with the line of said L Street 200 feet for a corner; thence north 200 feet for a corner; thence west 200 feet for a corner; and thence south 200 feet to the place of beginning; containing 40,000 square feet of ground, more or less, and being the property conveyed to the United States of America by deed dated July 6, 1872, from the Columbia Hospital for Women and Lying-in Asylum and Edward Maynard, recorded in liber 811, folio 481 of the land records of the District of Columbia.

§ 44–752. Restriction on use. [Repealed]

Repealed.

§ 44–753. Creation of lien in favor of United States.

The provisions of the paragraph following the appropriation for the Washington Hospital for Foundlings in § 44-711, creating a lien in favor of the United States with respect to the appropriations referred to therein, shall also apply to the appropriations in the aggregate amount of $50,000, granted in the Act of June 10, 1872 (17 Stat. 360), and in the Act of March 3, 1875 (18 Stat. 386), for the purchase by the United States of the property described in § 44-751, and the acceptance by the Columbia Hospital for Women and Lying-in Asylum of the conveyance of said property shall be deemed an acceptance of and agreement to this provision.

Subchapter III-A. Window Blind and Drape Cord Safety Notification.

§ 44–761. Window blind and drape cord safety notification requirement.

(a) Every hospital, birth center, and pediatric primary care provider located in the District of Columbia shall distribute an informational notice provided to it by the Department of Health ("DC Health") regarding the danger that window blinds and drape cords pose to children and how to avoid those dangers directly to:

(1) The parent or guardian following the labor and delivery of the parent's or guardian's child as a component of the discharge discussion and instruction;

(2) The person accompanying a child to the child's 6-month primary care appointment; and

(3) Upon request, a member of the general public.

(b) The informational notice shall be designed by DC Health and provided to each hospital, birth center, and pediatric primary care provider to distribute in photocopied form to the persons listed in subsection (a) of this section.

(c) DC Health shall make the information contained in the notice available on DC Health's website and shall provide electronic text to hospitals, birth centers, and pediatric primary care providers.

(d) The informational notice required by subsection (a) of this section shall be either:

(1) The informational notice created by DC Health in subsection (b) of this section; or

(2) A similar informational notice approved by DC Health.

§ 44–762. Rules.

The Mayor shall, pursuant to Chapter 5 of Title 2, issue rules to implement the provisions of this subchapter.

Subchapter IV. Repealed Provisions.

§ 44–771. Private facilities — License required. [Repealed]

Repealed.

§ 44–772. Private facilities — Enforcement of provisions and regulations; inspection. [Repealed]

Repealed.

§ 44–773. Private facilities — Violations of provisions or regulations. [Repealed]

Repealed.

§ 44–774. Private facilities — Council authorized to promulgate regulations. [Repealed]

Repealed.

§ 44–775. Private facilities — Prosecutions. [Repealed]

Repealed.

§ 44–776. Report of loss of privileges by health care providers. [Repealed]

Repealed.

§ 44–777. Rules and regulations for Smallpox Hospital. [Repealed]

Repealed.

§ 44–778. Washington Asylum Hospital continued. [Repealed]

Repealed.

§ 44–779. Admission of pay patients to psychopathic ward of General Hospital. [Repealed]

Repealed.

§ 44–780. Admission of pay patients to contagious-disease ward of General Hospital. [Repealed]

Repealed.

§ 44–781. Admission of pay patients to Glenn Dale Hospital. [Repealed]

Repealed.

§ 44–782. Children’s Tuberculosis Sanatorium. [Repealed]

Repealed.

§ 44–783. Receipt of contagious-disease cases by Providence and Garfield Memorial Hospitals. [Repealed]

Repealed.

§ 44–784. Charges for treatment of patients. [Repealed]

Repealed.

§ 44–785. Availability of appropriations. [Repealed]

Repealed.

§ 44–786. Fees for clinical services; free services. [Repealed]

Repealed.