(a) Unless a resident and his or her representative consent otherwise, a facility may discharge the resident, transfer the resident to another facility, or relocate the resident from one part or room of the facility to another only:
(1) If essential to meet that resident’s documented health-care needs or to be in accordance with his or her prescribed level of care;
(2) If essential to safeguard that resident or one or more other residents from physical or emotional injury;
(3) On account of nonpayment for his or her maintenance, after reasonable and appropriate notice, except as prohibited by subsection (b) of this section and 42 U.S.C. § 1395 et seq. and 42 U.S.C. § 1396 et seq.;
(4) If essential to meet the facility’s reasonable administrative needs and no practicable alternative is available; or
(5) If the facility is closing or officially reducing its licensed capacity.
(b) No facility that is a District Medicaid provider may discharge, transfer, or relocate a resident on account of his or her conversion from private-pay or Medicare to Medicaid status, or on account of a temporary hospitalization if payment or reimbursement for his or her bed continues to be made available.
(Apr. 18, 1986, D.C. Law 6-108, § 301, 33 DCR 1510; Apr. 29, 2010, D.C. Law 18-145, § 4(b), 57 DCR 1834.)
1981 Ed., § 32-1431.
This section is referenced in § 44-504 and § 44-1003.03.
D.C. Law 18-145, in subsec. (a)(3), substituted “maintenance, after reasonable and appropriate notice,” for “maintenance,”.
For temporary (90 days) amendment of this section, see § 511 of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).
For temporary (90 days) amendment of this section, see § 511 of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).
For temporary (90 days) amendment of this section, see § 511 of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).
For temporary (225 days) amendment of this section, see § 511 of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).
Structure District of Columbia Code
Title 44 - Charitable and Curative Institutions
Chapter 10 - Nursing Homes and Community Residence Facilities Protections
Subchapter III - Discharge, Transfer, and Relocation of Residents
§ 44–1003.01. Grounds for involuntary discharge, transfer, or relocation by facility
§ 44–1003.02. Notice to resident and resident’s representative
§ 44–1003.04. Discussion and counseling
§ 44–1003.05. Grounds for transfer or discharge by Mayor
§ 44–1003.06. Notice to facility owner or administrator; informal conference
§ 44–1003.07. Notice to resident and resident’s representative; informal conference
§ 44–1003.08. Emergency transfer or discharge by Mayor
§ 44–1003.09. Hearing to review Mayor’s decision to transfer or discharge
§ 44–1003.10. Transfer and discharge planning and assistance
§ 44–1003.11. Notice of adverse action or voluntary facility closure