Title 44 — Charitable and Curative Institutions.

(a) There are authorized to be appropriated for grants by the Secretary of Health and Human Services to the District of Columbia comprehensive mental health system, $30,000,000 for fiscal year 1988, $24,000,000 for fiscal year 1989, $18,000,000 for fiscal year 1990, and $12,000,0…

The Mayor shall insure that the requirements of the Buy American Act of 1933, as amended, apply to all procurements made under this subchapter. (1) If the Mayor, after consultation with the United States Trade Representative, determines that a foreign country which is party to an…

(a) The Mayor is authorized to establish an enterprise program at St. Elizabeths Hospital to promote the rehabilitation and employment of clients of the Department of Mental Health with the intended purpose of assisting clients of the Department of Mental Health to acquire commun…

The Mayor may issue rules to implement the provisions of this subchapter in accordance with subchapter I of Chapter 5 of Title 2.

For the purposes of this chapter, the term: (1) “Board” means the Board of Directors of the Not-for-Profit Hospital Corporation. (2) “Corporation” means the Not-for-Profit Hospital Corporation established by § 44-951.02. (3) “Fund” means the Not-for-Profit Hospital Corporation Fu…

(a) There is established as an instrumentality of the District government the Not-for-Profit Hospital Corporation, which shall have a separate legal existence within the District government. (b) The primary purpose of the Corporation shall be to: (1) Receive the land, improvement…

(a)(1) There is established as a nonlapsing fund the Not-for-Profit Hospital Corporation Fund. The Fund shall be comprised of: (A) Accounts receivable of the Corporation; (B) Transferred funds of the United Medical Center; and (C) Funds obtained through payments from third-party …

(a)(1)(A) The Corporation shall be governed by a Board of Directors, which shall consist of 14 members, 11 of whom shall be voting members and 3 of whom shall be non-voting members. (B) Of the voting members, the Mayor shall appoint 6 members, with the advice and consent of the C…

(a) The powers of the Corporation shall be vested in and exercised by the Board. The Board may take action at a meeting held at a time and place fixed by the bylaws. The Board shall adopt rules for conducting its meetings. (b)(1) The presence of 5 voting members shall constitute …

The Corporation shall have the power to: (1) Sue and be sued in its corporate name; (2) Adopt a corporate seal and alter the seal at its pleasure; (3) Adopt, amend, and repeal bylaws governing the manner in which it may conduct business and how the powers vested in it may be exer…

Upon foreclosure under the Deed of Trust, Security Agreement, Fixture Filing and Restrictive Covenants signed by CMC Realty, LLC and Capital Medical Center, LLC on November 7, 2007, or upon any other transfer of assets, the Mayor is authorized to transfer all of the assets, inclu…

(a) Chapter 6 of Title 1 shall not apply to employees of the Corporation. (b) Within 6 months of the first meeting of the Board, the Corporation shall promulgate policies, practices, and procedures relating to terms and conditions of employment for personnel employed by the Corpo…

The Board shall submit its proposed fiscal year 2011 operating budget and each subsequent operating budget for the Corporation to the Mayor on the date that District departments and agencies are required to submit proposed budgets to the Mayor.

(a) The employees of United Medical Center shall be transferred to the Corporation with the same rights and obligations they enjoyed as employees of the United Medical Center. (b) The employees transferred from the United Medical Center to the Corporation shall not be governed by…

(a) Chapter 3A of Title 2 and its implementing regulations shall not apply to the Corporation; except, that the Corporation shall be required to comply with the requirements regarding multiyear contracts and contracts in excess of $1 million during a 12-month period pursuant to §…

The assets and income of the Corporation shall be exempt from taxation by the District government.

On or before December 29th of each year, the Corporation shall submit to the Mayor and the Council a report that sets forth for the prior fiscal year its operations and accomplishments, revenues and expenses, assets and liabilities at the end of the fiscal year, and the status of…

(a) The officers and employees of the Corporation shall not be considered District government employees for purposes of subchapter II of Chapter 4 of Title 2 [§ 2-411 et seq.], and the District of Columbia shall not be liable for any acts or occurrences of the Corporation regardl…

(a) The Corporation may have a General Counsel who shall: (1) Be appointed by the CEO; (2) Be an attorney admitted in good-standing to the practice of law in the District of Columbia; (3) Be qualified by experience and training to advise the Corporation with respect to legal issu…

(a) The Corporation is authorized by the Council pursuant to § 1-204.90(a)(6) to incur debt, including lines of credit, to carry out the authorized purposes of the Corporation. The Corporation may, at any time, and from time to time, enter into debt obligations, by resolution of …

(a) A health-care professional who has the privilege of practicing at the United Medical Center as of September 14, 2011, shall retain practice privileges with the Corporation until the: (1) Privilege expires; (2) Board alters or amends the privilege; or (3) Board revokes the pri…

The Chief Financial Officer of the District of Columbia shall exercise authority over the Corporation consistent with §§ 1-204.24a through 1-204.24f.

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.