reglab/housing_qa huggingface dataset:
DC Code § 44-1003.09 (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|§ 44-1003.09. Hearing to review Mayor’s decision to transfer or discharge

(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.)  Prior Codifications 1981 Ed., § 32-1439. Section References This section is referenced in § 44-1003.07 and § 44-1003.08. Applicability Applicability of D.C. Law 22-112: § 7147 of D.C. Law 23-16 repealed § 4 of D.C. Law 22-112.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.
DC Code § 44-1003.10 (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|§ 44-1003.10. Transfer and discharge planning and assistance

(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 planning their transfer or discharge and shall choose among available alternative placements, except that, when an emergency makes prior resident involvement impracticable, the Mayor may make a temporary placement until a final placement can be arranged. Except when an attending physician determines that it is medically contraindicated or if the need for immediate transfer or discharge requires otherwise, a resident shall be allowed at least 2 visits to a proposed alternative placement before his or her transfer or discharge. (2) Whenever practicable, residents may choose their final alternative placement. No resident shall be forced to remain in a particular temporary or permanent placement, and, whenever placement alternatives are being compared by either the facility or the Mayor, strong consideration shall be given to the proximity of a resident’s relatives and friends. (b) The Mayor shall develop a model resident transfer and discharge plan to ensure the safe and orderly removal of residents and to protect their health, safety, welfare, and rights. This plan shall be developed in consultation with appropriate District government agencies, consumers, advocates, and the Long-Term Care Ombudsman. The plan shall conform to the requirements of subsection (a) of this section and shall be followed whenever a resident is transferred or discharged unless alterations in the plan are necessary to meet the individual needs of a particular resident. In addition, the plan shall delineate the facility’s responsibilities in both individual and group transfers and discharges. Each facility shall periodically train its staff in transfer and discharge planning in accordance with the plan developed under this subsection. (c) To facilitate implementation of the resident transfer and discharge plan developed pursuant to subsection (b) of this section, the Mayor may place a relocation team in any facility from which residents are to be transferred or discharged.  (Apr. 18, 1986, D.C. Law 6-108, § 310, 33 DCR 1510.)  Prior Codifications 1981 Ed., § 32-1440.
DC Code § 44-1003.11 (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|§ 44-1003.11. Notice of adverse action or voluntary facility closure

(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 the residents and employees of the facility, the residents’ representatives, and the Long-Term Care Ombudsman. (b) To the extent possible, the licensee or administrator of a facility shall give the Mayor, any resident to be transferred or discharged, the representative of any resident to be transferred or discharged, the facility’s employees, and the Long-Term Care Ombudsman advance written notice of at least 90 calendar days before he or she voluntarily closes the facility or a part of the facility that, when closed, will require the transfer or discharge of more than 10% of the residents. This notice shall include the proposed date of and reasons for closing. (c) Before all or part of a facility is voluntarily closed under subsection (b) of this section, a facility representative shall advise those residents to be transferred or discharged and their representatives of available alternative placements and shall offer to assist them in securing a placement. Until the date of closing, the facility shall fully comply with this chapter and all other applicable laws and rules.  (Apr. 18, 1986, D.C. Law 6-108, § 311, 33 DCR 1510.)  Prior Codifications 1981 Ed., § 32-1441.
DC Code § 44-1003.12 (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|§ 44-1003.12. Exemption. [Repealed]

Repealed.  (Apr. 18, 1986, D.C. Law 6-108, § 312, 33 DCR 1510; May 5, 2018, D.C. Law 22-93, § 203, 65 DCR 2823.)  Prior Codifications 1981 Ed., § 32-1442.
DC Code § 44-1003.13 (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|§ 44-1003.13. Judicial review

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.  (Apr. 18, 1986, D.C. Law 6-108, § 313, 33 DCR 1510.)  Prior Codifications 1981 Ed., § 32-1443.
DC Code § 44-1004.01 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 10 - Nursing Homes and Community Residence Facilities Protections|Subchapter IV - Private Rights of Action|§ 44-1004.01. Injunctive relief

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 provision in subchapter III of this chapter, any rule issued by the Mayor pursuant to that subchapter, or any standard or resident’s right established pursuant to § 44-504(a)(3) and (4).  (Apr. 18, 1986, D.C. Law 6-108, § 401, 33 DCR 1510; Apr. 13, 2005, D.C. Law 15-354, § 67, 52 DCR 2638.)  Prior Codifications 1981 Ed., § 32-1451. Effect of Amendments D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”.
DC Code § 44-1004.02 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 10 - Nursing Homes and Community Residence Facilities Protections|Subchapter IV - Private Rights of Action|§ 44-1004.02. Mandamus

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 the Mayor pursuant to that subchapter, or any other District or federal law relevant to the operation of a facility or the care of its residents. Any person bringing an action under this section shall give the Mayor at least 5 days advance notice (excluding Saturdays, Sundays, and legal holidays) before the action is filed in court.  (Apr. 18, 1986, D.C. Law 6-108, § 402, 33 DCR 1510.)  Prior Codifications 1981 Ed., § 32-1452.
DC Code § 44-1004.03 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 10 - Nursing Homes and Community Residence Facilities Protections|Subchapter IV - Private Rights of Action|§ 44-1004.03. Civil action for damages

(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 of this chapter, or any standard or resident’s right established pursuant to § 44-504(a)(3) and (4). Upon proof of a violation and subject to subsection (c) of this section, the resident shall be awarded 3 times the actual damages or $100, whichever is greater, and may be awarded punitive damages of up to $5,000. (b) No owner, licensee, administrator, or employee of a facility shall take any action that adversely affects a resident’s rights, privileges, or living arrangement in retaliation for that resident, his or her representative, or the Long-Term Care Ombudsman having exercised a right conferred by District or federal law, court order, or order of the Mayor. In any action brought under subsection (a) of this section alleging retaliation, there shall be a presumption, rebuttable by a showing of clear and convincing evidence, that conduct is retaliatory if an owner, licensee, administrator, or facility employee attempts to discharge, transfer, or relocate a resident within 6 months after that resident or his or her representative: (1) Files an action for relief under this subchapter; (2) Files a petition for the appointment of a receiver or monitor under subchapter II of this chapter or otherwise participates in receivership or monitor proceedings against the facility; (3) Exercises a right to a hearing under subchapter III of this chapter; or (4) Makes an oral or written complaint against the facility or its owner, licensee, administrator, or staff to an agency or official of the District government, a representative from the Long-Term Care Ombudsman program, the owner, licensee, or administrator of the facility, or an employee of the facility. (c) The defendant in an action brought under this section may plead as an affirmative defense that he, she, or it exercised reasonable care to prevent the injury for which liability is asserted; provided, however, that the adoption of policies and procedures to effect compliance with District law shall not alone be sufficient evidence to show the exercise of reasonable care. (d) The first $3,000 of a damages award recovered by a resident in any action brought under this section shall be excluded from consideration when determining that resident’s eligibility for Medicaid, the amount of assistance he or she is entitled to under Medicaid, or his or her assets that the District may subject to a lien, setoff, or other legal process for the purpose of satisfying any indebtedness created by the receipt of Medicaid or other public assistance payments.  (Apr. 18, 1986, D.C. Law 6-108, § 403, 33 DCR 1510.)  Prior Codifications 1981 Ed., § 32-1453.
DC Code § 44-1004.04 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 10 - Nursing Homes and Community Residence Facilities Protections|Subchapter IV - Private Rights of Action|§ 44-1004.04. Court costs and attorney’s fees

The court shall award costs and a reasonable attorney’s fee to any plaintiff who prevails in an action brought under this chapter.  (Apr. 18, 1986, D.C. Law 6-108, § 404, 33 DCR 1510; Mar. 16, 1989, D.C. Law 7-218, § 602(e), 36 DCR 534.)  Prior Codifications 1981 Ed., § 32-1454.
DC Code § 44-1004.05 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 10 - Nursing Homes and Community Residence Facilities Protections|Subchapter IV - Private Rights of Action|§ 44-1004.05. Rights independent and nonwaivable

(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 action under this subchapter may do so notwithstanding the availability of other remedies, and prior exhaustion of administrative remedies shall not be required. (b) Any purported waiver of a person’s right to bring an action under this subchapter shall be void.  (Apr. 18, 1986, D.C. Law 6-108, § 405, 33 DCR 1510.)  Prior Codifications 1981 Ed., § 32-1455.
DC Code § 44-1005.01 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 10 - Nursing Homes and Community Residence Facilities Protections|Subchapter V - Miscellaneous|§ 44-1005.01. Rules

The Mayor may issue rules, pursuant to subchapter I of Chapter 5 of Title 2, to carry out the purposes of this chapter.  (Apr. 18, 1986, D.C. Law 6-108, § 501, 33 DCR 1510.)  Prior Codifications 1981 Ed., § 32-1461. Delegation of Authority Delegation of authority pursuant to Law 6-108, see Mayor’s Order 87-47, February 17, 1987.
DC Code § 44-1005.02 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 10 - Nursing Homes and Community Residence Facilities Protections|Subchapter V - Miscellaneous|§ 44-1005.02. Privatization contracts, leases, provider agreements, and procedures requirements [Repealed]

Repealed.  (Apr. 18, 1986, D.C. Law 6-108, § 501a; as added Mar. 19, 1994, D.C. Law 10-79, § 3, 40 DCR 8696; Mar. 5, 1996, D.C. Law 11-98, § 502, 43 DCR 5.)  Prior Codifications 1981 Ed., § 32-1462. Temporary Repeal of Section For temporary (225 day) repeal of section, see § 702 of Budget Support Temporary Act of 1995 (D.C. Law 11-78, January 26, 1996, law notification 43 DCR ).
DC Code § 44-1102.01 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 11 - Public Benefit Corporation. [Repealed]|Subchapter II - General Provisions|§ 44-1102.01. Definitions. [Repealed]

Repealed.  (Apr. 9, 1997, D.C. Law 11-212, § 201, 43 DCR 4962; July 12, 2001, D.C. Law 14-18, § 9(a), 48 DCR 4047.)  Prior Codifications 1981 Ed., § 32-262.1. Emergency Legislation For temporary addition of chapter, see note to § 44-1101.01.
DC Code § 44-1102.02 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 11 - Public Benefit Corporation. [Repealed]|Subchapter II - General Provisions|§ 44-1102.02. Establishment of the District of Columbia Health and Hospitals Public Benefit Corporation. [Repealed]

Repealed.  (Apr. 9, 1997, D.C. Law 11-212, § 202, 43 DCR 4962; July 12, 2001, D.C. Law 14-18, § 9(a), 48 DCR 4047.)  Prior Codifications 1981 Ed., § 32-262.2. Emergency Legislation For temporary addition of chapter, see note to § 44-1101.01. Editor's Notes Chief Procurement Officer qualification: Section 2(c) of D.C. Law 12-xxx (D.C. Act 12-249) provided that nothing in that act shall affect the operations of the District of Columbia Health and Hospitals Public Benefit Corporation pursuant to this chapter.
DC Code § 44-1102.03 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 11 - Public Benefit Corporation. [Repealed]|Subchapter II - General Provisions|§ 44-1102.03. Board of Directors; appointment. [Repealed]

Repealed.  (Apr. 9, 1997, D.C. Law 11-212, § 203, 43 DCR 4962; Oct. 8, 1997, D.C. Law 12-43, § 2(a), 44 DCR 5763; June 12, 1999, D.C. Law 12-285, § 4(a), 46 DCR 1355; July 12, 2001, D.C. Law 14-18, § 9(a), 48 DCR 4047.)  Prior Codifications 1981 Ed., § 32-262.3. Emergency Legislation For temporary addition of chapter, see note to § 44-1101.01. For temporary amendment of section, see § 2(a) of the CFO Membership on the Health and Hospitals Public Benefit Corporation Board, Council Review of Board promulgations, and conditional Approval of Organizational and Operational Plan Emergency Amendment Act of 1997 (D.C. Act 12-137, September 30, 1997, 44 DCR 5765), and see § 2(a) of the CFO Membership on the Health and Hospitals Public Benefit Corporation Board, Council Review of Board Promulgations, and Conditional Approval of Organizational and Operational Plan Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-242, January 13, 1998, 45 DCR 638). For temporary (90-day) amendment of section, see § 4(a) of the Confirmation Act Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-92, June 15, 1999, 46 DCR 5330).
DC Code § 44-1102.04 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 11 - Public Benefit Corporation. [Repealed]|Subchapter II - General Provisions|§ 44-1102.04. Governance of the Corporation. [Repealed]

Repealed.  (Apr. 9, 1997, D.C. Law 11-212, § 204, 43 DCR 4962; July 12, 2001, D.C. Law 14-18, § 9(a), 48 DCR 4047.)  Prior Codifications 1981 Ed., § 32-262.4. Emergency Legislation For temporary addition of chapter, see note to § 44-1101.01. For temporary delay of the effective date of § 402 of the Health and Hospitals Public Benefit Corporation Emergency Act of 1996, see § 501(c) of the Health and Hospitals Public Benefit corporation Emergency Act of 1996 (D.C. Act 11-388, August 28, 1996, 43 DCR 4937, § 501(c), and the Health and Hospitals Public Benefit Corporation Congressional Review Emergency Act of 1996 (D.C. Act 11-421, October 28, 1996, 43 DCR 6093, and § 501(c) of the Health and Hospitals Public Benefit Corporation Second congressional Review Emergency Act of 1996 (D.C. Act 11-487, January 2, 1997, 44 DCR 634. Effective Dates Section 501(c) of the D.C. Law 11-212 provided that § 402 of the act shall become effective upon the first meeting of the Board pursuant to § 44-1102.04.
DC Code § 44-1102.05 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 11 - Public Benefit Corporation. [Repealed]|Subchapter II - General Provisions|§ 44-1102.05. Powers of the Corporation. [Repealed]

Repealed.  (Apr. 9, 1997, D.C. Law 11-212, § 205, 43 DCR 4962; July 12, 2001, D.C. Law 14-18, § 9(a), 48 DCR 4047.)  Prior Codifications 1981 Ed., § 32-262.5. Emergency Legislation For temporary addition of chapter, see note to § 44-1101.01.
DC Code § 44-1102.06 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 11 - Public Benefit Corporation. [Repealed]|Subchapter II - General Provisions|§ 44-1102.06. Health and Hospitals Public Benefit Corporation Fund. [Repealed]

Repealed.  (Apr. 9, 1997, D.C. Law 11-212, § 206, 43 DCR 4962; July 12, 2001, D.C. Law 14-18, § 9(a), 48 DCR 4047.)  Prior Codifications 1981 Ed., § 32-262.6. Emergency Legislation For temporary addition of chapter, see note to § 44-1101.01.
DC Code § 44-1102.08 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 11 - Public Benefit Corporation. [Repealed]|Subchapter II - General Provisions|§ 44-1102.08. Personnel Administration. [Repealed]

Repealed.  (Apr. 9, 1997, D.C. Law 11-212, § 208, 43 DCR 4962; July 12, 2001, D.C. Law 14-18, § 9(a), 48 DCR 4047.)  Prior Codifications 1981 Ed., § 32-262.8. Emergency Legislation For temporary addition of chapter, see note to § 44-1101.01.
DC Code § 44-1102.09 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 11 - Public Benefit Corporation. [Repealed]|Subchapter II - General Provisions|§ 44-1102.09. Advisory board establishment. [Repealed]

Repealed.  (Apr. 9, 1997, D.C. Law 11-212, § 209, 43 DCR 4962; July 12, 2001, D.C. Law 14-18, § 9(a), 48 DCR 4047.)  Prior Codifications 1981 Ed., § 32-262.9. Emergency Legislation For temporary addition of chapter, see note to § 44-1101.01.
DC Code § 44-1102.10 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 11 - Public Benefit Corporation. [Repealed]|Subchapter II - General Provisions|§ 44-1102.10. Submission of budgets. [Repealed]

Repealed.  (Apr. 9, 1997, D.C. Law 11-212, § 210, 43 DCR 4962; July 12, 2001, D.C. Law 14-18, § 9(a), 48 DCR 4047.)  Prior Codifications 1981 Ed., § 32-262.10. Emergency Legislation For temporary addition of chapter, see note to § 44-1101.01.
DC Code § 44-1102.11 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 11 - Public Benefit Corporation. [Repealed]|Subchapter II - General Provisions|§ 44-1102.11. Conflict of interest. [Repealed]

Repealed.  (Apr. 9, 1997, D.C. Law 11-212, § 211, 43 DCR 4962; July 12, 2001, D.C. Law 14-18, § 9(a), 48 DCR 4047.)  Prior Codifications 1981 Ed., § 32-262.11. Emergency Legislation For temporary addition of chapter, see note to § 44-1101.01.
DC Code § 44-1102.12 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 11 - Public Benefit Corporation. [Repealed]|Subchapter II - General Provisions|§ 44-1102.12. Procurement law inapplicable. [Repealed]

Repealed.  (Apr. 9, 1997, D.C. Law 11-212, § 212, 43 DCR 4962; July 12, 2001, D.C. Law 14-18, § 9(a), 48 DCR 4047.)  Prior Codifications 1981 Ed., § 32-262.12. Emergency Legislation For temporary addition of chapter, see note to § 44-1101.01.
DC Code § 44-1102.13 (2021)
2021 District of Columbia Code|Title 44 - Charitable and Curative Institutions|Chapter 11 - Public Benefit Corporation. [Repealed]|Subchapter II - General Provisions|§ 44-1102.13. Exemption from taxation. [Repealed]

Repealed.  (Apr. 9, 1997, D.C. Law 11-212, § 213, 43 DCR 4962; July 12, 2001, D.C. Law 14-18, § 9(a), 48 DCR 4047.)  Prior Codifications 1981 Ed., § 32-262.13. Emergency Legislation For temporary addition of chapter, see note to § 44-1101.01.