Title 44 — Charitable and Curative Institutions.

For the purposes of this chapter, the term: (1) “Administrator” means the person who is responsible for the day-to-day operation and management of a facility, including, in the case of a community residence facility, the Residence Director of the facility. (2) “Affiliate” means: …

The purpose of a receivership authorized under this subchapter shall be to safeguard the health, safety, and welfare of a facility’s residents when seriously endangered, to ensure their continuity of care, to safeguard their rights as recognized by District and federal law, and t…

A receiver may be appointed under this subchapter on one or more of the following grounds: (1) The facility is unlawfully operating without a current District license; (2) The licensee has abandoned the facility; (3) The facility is closing within 30 calendar days and cannot offe…

(a) Notwithstanding the availability of any other remedy, the Attorney General for the District of Columbia may, in the name of the District and based on one or more of the grounds listed in § 44-1002.02, petition the court to appoint a receiver for any facility. (b) Notwithstand…

(a)(1) The court shall hold a hearing on a petition filed under § 44-1002.03 within 10 days (excluding Saturdays, Sundays, and legal holidays) after it is filed. (2) The petitioner (if he or she is not the licensee) shall ensure that the licensee or administrator of the facility …

(a) After a hearing the court may appoint a receiver for the facility or continue the appointment of a receiver made ex parte if it finds that the petitioner has proven, by clear and convincing evidence, the existence of one or more of the grounds for receivership listed in § 44-…

(a) A receiver shall: (1) Take charge of the operation and management of the facility and assume all rights to possess and use the building, fixtures, furnishings, records, and other related property and goods that the owner, licensee, or administrator would have if the receiver …

(a) Except as provided in subsection (b) of this section, a receivership shall terminate when: (1) The person who will assume control of the facility has been granted a current license by the Mayor and: (A) The time period specified in the order appointing the receiver elapses an…

Within 30 calendar days after termination of a receivership, the receiver shall give the court a complete accounting of all property with which he or she has been entrusted, all funds collected, and all expenses incurred.

(a) The Mayor may establish a special revolving fund or a separate allocable revenue account in the General Fund to provide financial support in the form of loans to a receiver of a facility. If established, this fund or account may be supported in accordance with subsection (f) …

(a) Any person authorized to file a petition for receivership may, based on one or more of the grounds listed in § 44-1002.02, petition the court for the appointment of a monitor. In addition, in lieu of appointing a receiver when a petition for receivership has been filed, the c…

(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 docume…

(a) Whenever a resident is to be discharged, transferred, or relocated, a facility representative shall give that resident and his or her representative both oral and written notice of the reasons for, procedures for contesting, and proposed effective date of the discharge, trans…

(a)(1) Whenever a facility decides to involuntarily discharge, transfer, or relocate a resident, that resident, his or her representative, or the Long-Term Care Ombudsman may contest the decision by mailing a written hearing request to the Mayor and notifying the administrator or…

Before a resident is voluntarily or involuntarily discharged, transferred to another facility, or relocated within a facility, a facility representative shall discuss the reasons for the move with the resident and his or her representative and shall answer any questions they must…

(a) The Mayor may transfer or discharge any resident from any facility on 1 or more of the following grounds: (1) The facility is unlawfully operating without a current District license, or is operating in violation of restrictions placed on its license; (2) The Mayor has suspend…

(a) Before a resident is transferred or discharged under § 44-1003.05(a)(1) through (3), the Mayor shall provide the licensee or administrator of the facility with a written notice stating the reasons for the intended action and informing the licensee or administrator of his or h…

(a) Before a resident is transferred or discharged under § 44-1003.05(a)(1) through (4), the Mayor shall provide the resident, the representative of a resident, and the Long-Term Care Ombudsman with a written notice stating the reasons for the intended action and informing them o…

(a) Whenever the immediate transfer or discharge of 1 or more residents is required by an emergency pursuant to § 44-1003.05(a)(5), the Mayor shall notify the licensee or administrator of the facility and any resident(s) to be removed that an emergency has been found to exist and…

(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 t…

(a)(1) The Mayor shall offer planning and assistance, including information on available alternative placements, to residents who are being voluntarily or involuntarily transferred or discharged from their facilities pursuant to this subchapter. Residents shall be involved in pla…

(a) Whenever a facility receives written notice that its license is being restricted, suspended, revoked, or not renewed or that it is losing its Medicare or Medicaid certification, the licensee or administrator shall within 30 calendar days give written notice of this fact to th…

This subchapter shall not apply to individual transfers, discharges, or relocations of residents who are admitted or committed under Chapter 13 of Title 7.

Any person who is aggrieved by the results of a hearing held by the Mayor pursuant to this subchapter shall have a right to judicial review in accordance with § 2-510.

A resident, a resident’s representative, the Long-Term Care Ombudsman, or the Attorney General for the District of Columbia may bring an action in court for a temporary restraining order, preliminary injunction, or permanent injunction to enjoin a facility from violating any prov…

A resident, a resident’s representative, the Long-Term Care Ombudsman, or the licensee or administrator of a facility may bring an action in court for mandamus to order the Mayor or any District government agency to comply with subchapter III of this chapter, any rule issued by t…

(a) A resident or resident’s representative may bring an action in court to recover actual and punitive damages for any injury that results from a violation of subsection (b) of this section, subchapter III of this chapter, any rule issued by the Mayor pursuant to subchapter III …

The court shall award costs and a reasonable attorney’s fee to any plaintiff who prevails in an action brought under this chapter.

(a) Whenever the grounds for a resident’s discharge, transfer, or relocation are being challenged, the remedies created by this subchapter shall not be available in lieu of those established by subchapter III of this chapter. In all other cases, a person authorized to bring an ac…

The Mayor may issue rules, pursuant to subchapter I of Chapter 5 of Title 2, to carry out the purposes of this chapter.

Repealed Repealed.