reglab/housing_qa huggingface dataset:
DC Code § 44-1002.03 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 10 - Nursing Homes and Community Residence Facilities Protections|Subchapter II - Receiverships|§ 44-1002.03. Petitions for receivership

(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) Notwithstanding the availability of any other remedy, a resident, a resident’s representative, the Long-Term Care Ombudsman, or any other advocate representing the interests of a facility’s residents may, based on one or more of the grounds listed in § 44-1002.02(2) through (6), submit a written request asking the Attorney General for the District of Columbia to petition the court to appoint a receiver for any facility. If the Attorney General for the District of Columbia denies the request or does not file a petition within 5 days (excluding Saturdays, Sundays, and legal holidays) after receiving a request, the requestor may file with the court a petition for the appointment of a receiver. (c) The licensee of any facility may, based on one or more of the grounds listed in § 44-1002.02, petition the court to appoint a voluntary receiver for that facility.  (Apr. 18, 1986, D.C. Law 6-108, § 203, 33 DCR 1510; Apr. 13, 2005, D.C. Law 15-354, § 67, 52 DCR 2638.)  Prior Codifications 1981 Ed., § 32-1413. Section References This section is referenced in § 44-1002.04, § 44-1002.05, § 44-1002.07, and § 44-1002.10. Effect of Amendments D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”.
DC Code § 44-1002.04 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 10 - Nursing Homes and Community Residence Facilities Protections|Subchapter II - Receiverships|§ 44-1002.04. Notice and hearing requirements; ex parte appointment

(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 is served with notice of the hearing date and a copy of the petition: (A) In accordance with court rules, at least 5 days (excluding Saturdays, Sundays, and legal holidays) before the hearing; or (B) By a notice conspicuously posted inside or on the front door of the facility at least 3 days (excluding Saturdays, Sundays, and legal holidays) before the hearing, if the petitioner files with the court a sworn statement setting forth in detail his or her diligent but unsuccessful efforts to find the licensee or administrator and serve process. (3) Upon filing a petition with the court, a petitioner other than the District shall serve notice of the hearing date and a copy of the petition on the Attorney General for the District of Columbia. No later than 5 days (excluding Saturdays, Sundays, and legal holidays) after receiving a copy of the petition, the Attorney General for the District of Columbia shall, to the extent allowable under federal law, make available to the petitioner for his or her use in the proceedings certified copies of all licensure and Medicare/Medicaid certification reports within the custody of the District government that document conditions in the facility within the previous 2 years. (b)(1) The court may appoint a receiver immediately upon the filing of a petition under § 44-1002.03 if it finds probable cause to believe a condition or practice in a facility poses an immediate danger of death or life-threatening injury to the residents. (2) In the event of an ex parte appointment under paragraph (1) of this subsection, the petitioner (if he or she is not the licensee) shall ensure that the licensee or administrator of the facility is served with notice of the hearing date and copies of the petition, any supporting affidavit(s), and the order of appointment: (A) By personal service within 24 hours after the appointment; or (B) By a notice conspicuously posted inside or on the front door of the facility within 48 hours after the appointment, if the petitioner files with the court a sworn statement setting forth in detail his or her diligent but unsuccessful efforts to find the licensee or administrator and serve process.  (Apr. 18, 1986, D.C. Law 6-108, § 204, 33 DCR 1510; Apr. 13, 2005, D.C. Law 15-354, § 67, 52 DCR 2638.)  Prior Codifications 1981 Ed., § 32-1414. Effect of Amendments D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”.
DC Code § 44-1002.07 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 10 - Nursing Homes and Community Residence Facilities Protections|Subchapter II - Receiverships|§ 44-1002.07. Termination of receivership

(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 and is not extended; or (B) The court determines the receivership is no longer necessary because the grounds on which it was based no longer exist; or (2) The facility is closing and all of its residents have been transferred or discharged. (b)(1) Notwithstanding subsection (a) of this section, a receivership of a private facility shall not be terminated in favor of any person who was the licensee or administrator at the time a petition was filed under § 44-1002.03, or, in the discretion of the court, any person who is or was an affiliate of the licensee or administrator, unless he or she first: (A) Reimburses the District government for any increase in Medicaid expenditures needed to finance the receiver’s bond premium under § 44-1002.05(c)(2), to pay the receiver’s fee under § 44-1002.06(h), or to correct deficiencies caused by the licensee’s or administrator’s own negligence; and (B) Reimburses the District government for any amount it loaned the receiver for major repairs or improvements to the facility, or assumes an obligation to repay the loan and provides collateral or other assurance of payment deemed sufficient by the Mayor. (2) The court may in addition require that, before a person specified in paragraph (1) of this subsection resumes control of a facility, he or she post bond in an amount it deems appropriate as security against future noncompliance with the law. If the receivership is not reinstated under subsection (c) of this section, the bond money shall be returned. (c) Should it appear that, within 2 years after a receivership is terminated in favor of a person specified in subsection (b)(1) of this section, that person is not maintaining the facility in substantial compliance with all applicable laws, and should the court so find after granting notice and a hearing to all parties to the earlier receivership proceeding, the previous order appointing a receiver may be reinstated. A receiver thus reappointed may use all or part of any bond posted pursuant to subsection (b)(2) of this section to remedy the deficiencies.  (Apr. 18, 1986, D.C. Law 6-108, § 207, 33 DCR 1510.)  Prior Codifications 1981 Ed., § 32-1417. Section References This section is referenced in § 44-1002.10.
DC Code § 44-1002.08 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 10 - Nursing Homes and Community Residence Facilities Protections|Subchapter II - Receiverships|§ 44-1002.08. Final accounting

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.  (Apr. 18, 1986, D.C. Law 6-108, § 208, 33 DCR 1510.)  Prior Codifications 1981 Ed., § 32-1418.
DC Code § 44-1002.09 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 10 - Nursing Homes and Community Residence Facilities Protections|Subchapter II - Receiverships|§ 44-1002.09. Special fund or account

(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) of this section. (b) For the purposes of this section, the term “fund” means the special revolving fund or separate allocable revenue account referred to in subsection (a) of this section. (c) If expenses remain unpaid after a receiver uses all private and third-party payments, the receiver may petition the court for money from the fund. Before the court authorizes use of money from the fund, it shall hold a hearing at which the Mayor, the receiver, the licensee, the owner, and the administrator of the facility may offer evidence on whether the court should approve the loan. Notice of the hearing shall be given to the Mayor, the receiver, the licensee, the owner, and the administrator of the facility at least 7 days (excluding Saturdays, Sundays, and legal holidays) before the hearing. (d)(1) A loan from the fund shall create an automatic lien on the facility and its assets in the amount of the loan. The receiver shall file with the Mayor a document setting forth: (A) The amount of the loan; (B) The name of the facility to which the lien attaches; and (C) A description of the assets of the facility that are affected by the lien. (2) A lien created under this subsection shall: (A) Extend to the property of the facility described in the document filed under paragraph (1) of this subsection and to the beneficial interest in that property possessed by the owner; and (B) Have priority over any other lien or interest that attaches after the filing date, except as otherwise provided by federal law. (e) In addition to receivership loans, the Mayor may use money from the fund for low-interest loans or grants to facilities to help improve resident care, address the personal needs of residents, and enhance resident safety. (f) The Mayor may support the fund with money received from: (1) The collection of civil fines, penalties, and related costs imposed against a facility; (2) The sale of properties subject to liens created by this section; (3) The assessment of facility licensure fees; and (4) The repayment of loans made under this section. (g) Any money in the fund in excess of $500,000 shall revert to the General Fund.  (Apr. 18, 1986, D.C. Law 6-108, § 209, 33 DCR 1510.)  Prior Codifications 1981 Ed., § 32-1419. Section References This section is referenced in § 44-509 and § 44-1002.06. Cross References Health-care and community residence facility, hospice, and home care licensure, civil fines, penalties, and costs, see § 44-509. Delegation of Authority Delegation of authority pursuant to Law 6-108, see Mayor’s Order 87-47, February 17, 1987.
DC Code § 44-1002.10 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 10 - Nursing Homes and Community Residence Facilities Protections|Subchapter II - Receiverships|§ 44-1002.10. Appointment of court monitor

(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 court may, on either its own motion or the motion of a party, appoint a monitor instead. The grounds and procedures set forth in §§ 44-1002.02 to 44-1002.05, except for the requirement of a bond in § 44-1002.05(c), shall apply to the appointment of a monitor. The appointment of a monitor may be terminated by the court for any of the reasons listed in § 44-1002.07(a) or if the court determines that a receiver should be appointed. (b) A monitor appointed under this section shall observe the operation of the facility, advise the facility on how to comply with District and federal law, and report periodically to the court. In each report to the court, the monitor shall make a recommendation on whether a receiver should be appointed for the facility. (c) Whenever a person requests the Attorney General for the District of Columbia to petition for the appointment of a receiver under § 44-1002.03(b) and the Attorney General for the District of Columbia instead petitions the court for the appointment of a monitor, the request shall be considered denied and the requestor may petition the court for the appointment of a receiver.  (Apr. 18, 1986, D.C. Law 6-108, § 210, 33 DCR 1510; Apr. 13, 2005, D.C. Law 15-354, § 67, 52 DCR 2638.)  Prior Codifications 1981 Ed., § 32-1420. Effect of Amendments D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”.
DC Code § 44-1003.01 (2021)
2021 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

(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.)  Prior Codifications 1981 Ed., § 32-1431. Section References This section is referenced in § 44-504 and § 44-1003.03. Effect of Amendments D.C. Law 18-145, in subsec. (a)(3), substituted “maintenance, after reasonable and appropriate notice,” for “maintenance,”. Emergency Legislation  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).  Temporary Legislation  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).
DC Code § 44-1003.04 (2021)
2021 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|§ 44-1003.04. Discussion and counseling

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 have about the move or the written notice they received pursuant to § 44-1003.02(a). The contents of this discussion shall be summarized in writing, include the names of the individuals involved in the discussion, and be made a part of the resident’s clinical record. In addition, the facility representative shall strongly recommend and offer to provide counseling services to the resident and his or her representative before the move. If the resident has requested a hearing pursuant to § 44-1003.03(a), facility staff shall attempt to prepare the resident for the possibility of having to move on 3-day (for an intra-facility relocation) or 5-day (for a discharge or transfer to another facility) notice should the hearing decision not be in his or her favor.  (Apr. 18, 1986, D.C. Law 6-108, § 304, 33 DCR 1510.)  Prior Codifications 1981 Ed., § 32-1434.
DC Code § 44-1003.05 (2021)
2021 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|§ 44-1003.05. Grounds for transfer or discharge by Mayor

(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 suspended, revoked, or refused to renew the facility’s license; (3) The facility is closing or intends to close and adequate arrangements for the relocation of its residents, in a manner designed to keep transfer trauma to a minimum, have not been made at least 30 calendar days before the anticipated closure date; (4) The facility has requested the Mayor’s assistance in the transfer or discharge, and the Mayor determines that the resident and his or her representative have consented to the transfer or discharge; or (5) The Mayor has determined that an emergency exists which poses an immediate danger of death or serious physical injury to the resident. (b) In deciding whether to transfer or discharge a resident under this section, the Mayor shall consider the likelihood of serious harm that may result if the resident remains in the facility and the availability of other remedies besides transfer or discharge.  (Apr. 18, 1986, D.C. Law 6-108, § 305, 33 DCR 1510.)  Prior Codifications 1981 Ed., § 32-1435. Section References This section is referenced in § 44-1003.06, § 44-1003.07, § 44-1003.08, and § 44-1003.09.
DC Code § 44-1003.06 (2021)
2021 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|§ 44-1003.06. Notice to facility owner or administrator; informal conference

(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 her right to an informal conference and a subsequent hearing. The licensee or administrator may contest a nonemergency transfer or discharge by submitting to the Mayor a written request for an informal conference within 4 days (excluding Saturdays, Sundays, and legal holidays) after he or she receives notice of the proposed transfer or discharge. A timely request for an informal conference shall stay the nonemergency transfer or discharge pending the Mayor’s decision after the conference. (b) The Mayor shall hold an informal conference within 4 days (excluding Saturdays, Sundays, and legal holidays) after a timely request for the conference is received. Following the conference, the Mayor shall affirm, modify, or reverse his or her previous decision to transfer or discharge the resident.  (Apr. 18, 1986, D.C. Law 6-108, § 306, 33 DCR 1510.)  Prior Codifications 1981 Ed., § 32-1436.
DC Code § 44-1003.07 (2021)
2021 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|§ 44-1003.07. Notice to resident and resident’s representative; informal conference

(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 of their right to contest the transfer or discharge under § 44-1003.09. (b) Before the transfer or discharge, the Mayor shall hold an informal conference with the resident, the representative of a resident, and the Long-Term Care Ombudsman at which they may present objections to the proposed transfer or discharge plan and alternative placement.  (Apr. 18, 1986, D.C. Law 6-108, § 307, 33 DCR 1510; Mar. 16, 1989, D.C. Law 7-218, § 602(d), 36 DCR 534.)  Prior Codifications 1981 Ed., § 32-1437. Section References This section is referenced in § 7-702.04. Cross References Long-term care ombudsman program, ombudsman duties, see § 7-702.04.
DC Code § 44-1003.08 (2021)
2021 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|§ 44-1003.08. Emergency transfer or discharge by Mayor

(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 that removal is ordered. In addition, whenever practicable the Mayor shall involve the resident(s) in the removal planning. (b) Following emergency removal, the Mayor shall provide the licensee or administrator of the facility, each resident removed, and each removed resident’s representative with a written notice stating the basis for the finding of an emergency and informing them of their right to contest the removal under § 44-1003.09.  (Apr. 18, 1986, D.C. Law 6-108, § 308, 33 DCR 1510.)  Prior Codifications 1981 Ed., § 32-1438.