- 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:
- If essential to meet that resident's documented health-care needs or to be in accordance with his or her prescribed level of care;
- If essential to safeguard that resident or one or more other residents from physical or emotional injury;
- 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.;
- If essential to meet the facility's reasonable administrative needs and no practicable alternative is available; or
- If the facility is closing or officially reducing its licensed capacity.
- 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.
Historical and Statutory
1981 Ed., § 32-1431.
Effect of Amendments
D.C. Law 18-145, in subsec. (a)(3), substituted "maintenance, after reasonable and appropriate notice," for "maintenance,".
Legislative History of Laws
For legislative history of D.C. Law 6-108, see Historical and Statutory Notes following § 44-1001.01.
For Law 18-145, see notes following § 44-504.
DC CODE § 44-1003.01
Current through December 11, 2012
(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.)