(a) All rulemaking and regulations for the administration of the District’s public mental health system and the addiction, recovery, and prevention system, issued under appropriate authority, shall continue in full force and effect until otherwise superseded.

(b)(1) Any amendment to the terms medical necessity or medically necessary, as those terms are defined in section 3499.1 of Title 22A of the District of Columbia Municipal Regulations (22A DCMR § 3499.1), shall be issued by the Department by rulemaking.

(2) The Department shall issue rules to establish criteria to determine whether mental health rehabilitation services, as that term is defined in section 3499.1 of Title 22A of the District of Columbia Municipal Regulations (22A DCMR § 3499.1), are medically necessary pursuant to section 3404.2 of Title 22A of the District of Columbia Municipal Regulations (22A DCMR § 3404.2).

(3) The rules issued pursuant to this subsection shall be submitted to the Council for a 45-day period of review, excluding days of Council recess. If the Council does not approve or disapprove the proposed rules, by resolution, within the 45-day review period, the proposed rules shall be deemed approved.

(Dec. 24, 2013, D.C. Law 20-61, § 5119, 60 DCR 12472; Mar. 22, 2019, D.C. Law 22-256, § 2, 66 DCR 1342.)

For temporary (90 days) amendment of this section, see § 2 of Medical Necessity Review Criteria Emergency Amendment Act of 2017 (D.C. Act 22-221, Dec. 28, 2017, 65 DCR 7).

For temporary (90 days) addition of this section, see § 5119 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) addition of this section, see § 5119 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (225 days) amendment of this section, see § 2 of Medical Necessity Review Criteria Temporary Amendment Act of 2018 (D.C. Law 22-71, Mar. 28, 2018, 65 DCR 1366).

Section 5111 of D.C. Law 20-61 provided that Subtitle J of Title V of the act may be cited as the “Department of Behavioral Health Establishment Act of 2013”.

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.