(a) Within 10 calendar days after a transfer or discharge by the Mayor, the licensee or administrator of the facility, any resident transferred or discharged, and the representative of any resident transferred or discharged may contest the transfer or discharge by submitting to the Mayor a written request for a hearing. The Mayor shall hold a hearing and render a decision within 30 calendar days after a timely hearing request is received.
(b) A resident who is transferred or discharged from a facility by the Mayor under § 44-1003.05 shall be liable to that facility only for the costs of his or her maintenance incurred before the transfer or discharge.
(c) If as a result of a hearing held under this section a resident is to be returned to a facility, the Mayor shall facilitate that return if the licensee or administrator of the facility, resident, or resident’s representative requests assistance.
(Apr. 18, 1986, D.C. Law 6-108, § 309, 33 DCR 1510; June 9, 2018, D.C. Law 22-112, § 3(b)(2), 65 DCR 4600.)
1981 Ed., § 32-1439.
This section is referenced in § 44-1003.07 and § 44-1003.08.
Applicability of D.C. Law 22-112: § 7147 of D.C. Law 23-16 repealed § 4 of D.C. Law 22-112. Therefore the amendment of this section by D.C. Law 22-112 has been implemented.
Applicability of D.C. Law 22-112: § 4 of D.C. Law 22-112 provided that the change made to this section by § 3(b)(2) of D.C. Law 22-112 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.
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