reglab/housing_qa huggingface dataset:
DC Code § 7-702.01 (2021)
2021 District of Columbia Code|Title 7 - Human Health Care and Safety|Chapter 7 - Long-Term Care Ombudsman Program|Subchapter II - Establishment of a Long-Term Care Ombudsman Program|§ 7-702.01. Purpose and functions

There is established a Long-Term Care Ombudsman Program for the District of Columbia. The program shall provide a comprehensive continuum of advocacy services for older persons and other persons who are residents in the District, which shall include: (1) Advocating for the rights of older persons and other persons who are residents; (2) Investigating and resolving any complaint made by or on behalf of an older person or other person who is a resident; and (3) Monitoring the quality of care, services provided, and quality of life experienced by older persons and residents to ensure that the care and services are in accordance with applicable District and federal laws.  (Mar. 16, 1989, D.C. Law 7-218, § 201, 36 DCR 534; July 3, 2018, D.C. Law 22-125, § 2(b), 65 DCR 5106.)  Prior Codifications 1981 Ed., § 6-3511. Section References This section is referenced in § 7-701.01.
DC Code § 7-702.02 (2021)
2021 District of Columbia Code|Title 7 - Human Health Care and Safety|Chapter 7 - Long-Term Care Ombudsman Program|Subchapter II - Establishment of a Long-Term Care Ombudsman Program|§ 7-702.02. Long-Term Care Ombudsman — appointment; vacancy

(a)(1) There is established within the Department of Aging and Community Living the Office of the Long-Term Care Ombudsman, which shall be headed by the ombudsman. Except as provided in subsection (b) of this section, the ombudsman shall be appointed by the Director. The ombudsman shall administer the Program in coordination with the Director or his or her designee. (2) The ombudsman shall be appointed for a term of 2 years and shall be a resident of the District. (b) The Director may contract with a nonprofit provider, other than the District government, to operate the program. The provider shall have experience advocating for the rights of older persons and residents. Before contracting with a nonprofit provider, the Director shall ensure that the provider does not have organizational conflicts in accordance with 45 C.F.R. § 1324.21(b)(3). The ombudsman shall be an employee of the nonprofit provider. (c) The Director shall ensure that the following are provided to the ombudsman or his or her designee to implement the provisions of this chapter: (1) Legal counsel for advice and consultation; (2) Legal representation, if legal action is taken to implement the provisions of this chapter; and (3) Clerical and administrative support staff and materials. (d) In addition to the functions set forth in 45 C.F.R. § 1324.13, the primary responsibility of the ombudsman or his or her designee shall be the investigation and resolution of any complaint made by or on behalf of a resident.  (Mar. 16, 1989, D.C. Law 7-218, § 202, 36 DCR 534; July 3, 2018, D.C. Law 22-125, § 2(c), 65 DCR 5106; Mar. 29, 2019, D.C. Law 22-276, § 3(f)(2), 66 DCR 1721.)  Prior Codifications 1981 Ed., § 6-3512. Section References This section is referenced in § 7-701.01.
DC Code § 7-702.03 (2021)
2021 District of Columbia Code|Title 7 - Human Health Care and Safety|Chapter 7 - Long-Term Care Ombudsman Program|Subchapter II - Establishment of a Long-Term Care Ombudsman Program|§ 7-702.03. Long-Term Care Ombudsman — Training and experience

(a) The ombudsman shall have training and experience in the following areas: (1) Gerontology, long-term care, health care, or relevant social services program; (2) The legal system; (3) Dispute resolution techniques, including investigation, mediation, or negotiation; and (4) Long-term care advocacy. (b) No person who has been employed by a long-term care facility or a corporation that directly or indirectly owned or operated a long-term care facility within the past 2 years shall be appointed or employed as the ombudsman. (b-1) No person who has been directly involved in the licensing or certification of any long-term care facility shall be appointed or employed as the ombudsman. (b-2) No person who has been employed by or participated in the management of a long-term care facility within the previous 12 months shall be appointed or employed as the ombudsman. (c) Neither the ombudsman nor any member of his or her immediate family shall have any pecuniary interest in a long-term care facility.  (Mar. 16, 1989, D.C. Law 7-218, § 203, 36 DCR 534; July 3, 2018, D.C. Law 22-125, § 2(d), 65 DCR 5106.)  Prior Codifications 1981 Ed., § 6-3513.
DC Code § 7-702.05 (2021)
2021 District of Columbia Code|Title 7 - Human Health Care and Safety|Chapter 7 - Long-Term Care Ombudsman Program|Subchapter II - Establishment of a Long-Term Care Ombudsman Program|§ 7-702.05. Complaint investigation

(a) The ombudsman and his or her designee shall have access to any record that is necessary to carry out his or her responsibilities under this chapter. (b) The ombudsman or his or her designee may initiate an investigation of a long-term care facility independent of the receipt of a specific complaint.  (Mar. 16, 1989, D.C. Law 7-218, § 205, 36 DCR 534.)  Prior Codifications 1981 Ed., § 6-3515.
DC Code § 7-702.06 (2021)
2021 District of Columbia Code|Title 7 - Human Health Care and Safety|Chapter 7 - Long-Term Care Ombudsman Program|Subchapter II - Establishment of a Long-Term Care Ombudsman Program|§ 7-702.06. Confidentiality of records and identities of residents

(a) The program shall protect the confidentiality of the records (electronic or hard copy) of the residents and employees. (b) No information or records (electronic or hard copy) maintained by the program shall be disclosed to the public. (c) Except as provided in subsection (d) of this section, the program shall not disclose the identity of any complainant, resident involved in a complaint, witness, or representative of a resident, unless the complainant, resident, or representative of a resident authorizes the disclosure. (d) A court may order the disclosure of information made confidential under this chapter if it determines that the disclosure is necessary to enforce this chapter. (e) A communication between a resident and a person who has access under § 7-703.01 shall be confidential, unless the resident authorizes the release of the communication or unless disclosure is authorized under § 7-702.04(a)(1) or subsection (d) of this section.  (Mar. 16, 1989, D.C. Law 7-218, § 206, 36 DCR 534; Mar. 12, 2011, D.C. Law 18-321, § 2(c), 57 DCR 12438; Sept. 26, 2012, D.C. Law 19-171, § 54(b), 59 DCR 6190.)  Prior Codifications 1981 Ed., § 6-3516. Effect of Amendments D.C. Law 18-321, in subsecs. (a) and (b), substituted “records (electronic or hard copy)” for “records”; in subsec. (c), substituted “Except as provided in subsection (d) of this section, the program” for “the program”; and added subsecs. (d) and (e). The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction.
DC Code § 7-702.07 (2021)
2021 District of Columbia Code|Title 7 - Human Health Care and Safety|Chapter 7 - Long-Term Care Ombudsman Program|Subchapter II - Establishment of a Long-Term Care Ombudsman Program|§ 7-702.07. Immunity from liability

(a) No employee, designee, or representative of the program shall be held liable for the good faith performance of responsibilities under this chapter, except that no immunity shall extend to criminal acts. (b) Repealed. (c) No communication made by the ombudsman or his or her designee, if reasonably related to the requirements of his or her responsibilities, shall be subject to civil action. (d) Repealed.  (Mar. 16, 1989, D.C. Law 7-218, § 207, 36 DCR 534; Mar. 12, 2011, D.C. Law 18-321, § 2(d), 57 DCR 12438.)  Prior Codifications 1981 Ed., § 6-3517. Effect of Amendments D.C. Law 18-321 repealed subsecs. (b) and (d); and, in subsec. (c), substituted “action” for “action for libel or slander”.
DC Code § 7-703.02 (2021)
2021 District of Columbia Code|Title 7 - Human Health Care and Safety|Chapter 7 - Long-Term Care Ombudsman Program|Subchapter III - Access for the Long-Term Care Ombudsman and Designees|§ 7-703.02. Access to records

(a) Each District agency shall provide cooperation, assistance, data, and the access to records necessary to enable the ombudsman to perform his or her duties under this chapter and other applicable federal and District law. This section shall not be construed to supercede the laws or rules governing access to unexpurgated arrest records maintained by the Metropolitan Police Department or interfere with ongoing criminal investigations. (b) The ombudsman or his or her designee shall have the same access that is provided to the Mayor to review, inspect, or photocopy the records of a resident of a facility covered by § 44-501 et seq., or § 44-1001.01 et seq., to carry out the provisions of this chapter. (c) The ombudsman or his or her designee may request a subpoena pursuant to § 1-301.21, to obtain access to records covered by this section. (d) An owner, employee, or agent of a long-term care facility who lawfully discloses information or permits access to records pursuant to this section shall not be liable for civil penalties or criminal prosecution. (e) An owner, employee, or agent of a long-term care facility or home care agency subject to 45 CFR §§ 164.500 through 164.534 (the Health Insurance Portability and Accountability Act privacy regulation), shall release records to the program as an exempt health oversight agency.  (Mar. 16, 1989, D.C. Law 7-218, § 302, 36 DCR 534; Mar. 12, 2011, D.C. Law 18-321, § 2(g), 57 DCR 12438; Mar. 14, 2012, D.C. Law 19-111, § 2(c), 59 DCR 455.)  Prior Codifications 1981 Ed., § 6-3522. Section References This section is referenced in § 7-702.04 and § 7-704.01. Effect of Amendments D.C. Law 18-321 added subsec. (e). D.C. Law 19-111, in subsec. (e), substituted “long-term care facility or home care agency” for “long-term care facility”. Editor's Notes Section 3 of D.C. Law 19-111 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. D.C. Law 19-111, § 3, was repealed by D.C. Law 19-168, § 7013.
DC Code § 7-703.03 (2021)
2021 District of Columbia Code|Title 7 - Human Health Care and Safety|Chapter 7 - Long-Term Care Ombudsman Program|Subchapter III - Access for the Long-Term Care Ombudsman and Designees|§ 7-703.03. Visits to the home of a resident

The Ombudsman may communicate and visit with a resident who receives home care services; provided, that the Ombudsman obtains permission from the resident or a representative of the resident to enter the resident’s home.  (Mar. 16, 1989, D.C. Law 7-218, § 303; as added Mar. 14, 2012, D.C. Law 19-111, § 2(d), 59 DCR 455.)  Emergency Legislation For temporary (90 day) repeal of section 3 of D.C. Law 19-111, see § 7013 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764). For temporary (90 day) repeal of section 3 of D.C. Law 19-111, see § 7013 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290). Editor's Notes Section 3 of D.C. Law 19-111 provided: “Sec. 3. Applicability. This act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.” Section 3 of D.C. Law 19-111 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. D.C. Law 19-111, § 3, was repealed by D.C. Law 19-168, § 7013.
DC Code § 7-704.01 (2021)
2021 District of Columbia Code|Title 7 - Human Health Care and Safety|Chapter 7 - Long-Term Care Ombudsman Program|Subchapter IV - Enforcement; Penalties; Judicial Review|§ 7-704.01. Enforcement; penalties

(a) Civil fines, penalties, or related costs may be imposed against any long-term care facility, owner, executive officer, administrator, employee, or agent, for the violation of any provision of this chapter or any rule issued pursuant to this chapter. (b) Procedures for adjudication and enforcement and applicable civil fines, penalties, or costs shall be those prescribed for a Class 2 civil infraction, pursuant to Chapter 18 of Title 2. (c) If the ombudsman or his or her designee knowingly violates § 7-703.06 by releasing a confidential document, record, or other information obtained pursuant to § 7-703.02(b), the ombudsman or his or her designee may be prosecuted for a misdemeanor and, upon conviction, subject to a fine of not more than $1,500, imprisonment for not more than 30 days, or both. (d) No person shall take discriminatory, disciplinary, or retaliatory action against an employee of a long-term care facility or agency, resident, or resident representative for filing in good faith a complaint with, or providing information to, the ombudsman or his designees. A person who violates this provision, or who aids, abets, invites, compels, or coerces another to do so, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed $1,000, imprisonment not to exceed 180 days, or both. This subsection shall not infringe upon the rights of an employer to supervise, discipline, or to terminate an employee for other reasons. (e) A person who knowingly denies access to the ombudsman or his or her designee in violation of subchapter III of this chapter, or aids, abets, invites, compels, or coerces another to do so, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed $1,000, imprisonment not to exceed 180 days, or both.  (Mar. 16, 1989, D.C. Law 7-218, § 401, 36 DCR 534; Mar. 12, 2011, D.C. Law 18-321, § 2(h), 57 DCR 12438.)  Prior Codifications 1981 Ed., § 6-3531. Effect of Amendments D.C. Law 18-321 added subsecs. (d) and (e).
DC Code § 7-705.01 (2021)
2021 District of Columbia Code|Title 7 - Human Health Care and Safety|Chapter 7 - Long-Term Care Ombudsman Program|Subchapter V - Private Rights of Action|§ 7-705.01. Injunctive relief

A resident, a representative of a resident, the ombudsman, or the Attorney General may bring an action in court for a temporary restraining order, preliminary injunction, or permanent injunction to enjoin a long-term care facility from violating a provision of subchapter II or III of this chapter or any rule issued by the Mayor pursuant to this chapter.  (Mar. 16, 1989, D.C. Law 7-218, § 501, 36 DCR 534; Mar. 12, 2011, D.C. Law 18-321, § 2(i), 57 DCR 12438.)  Prior Codifications 1981 Ed., § 6-3541. Section References This section is referenced in § 7-705.03. Effect of Amendments D.C. Law 18-321 substituted “Attorney General” for “Corporation Counsel”.
DC Code § 7-705.02 (2021)
2021 District of Columbia Code|Title 7 - Human Health Care and Safety|Chapter 7 - Long-Term Care Ombudsman Program|Subchapter V - Private Rights of Action|§ 7-705.02. Civil action for damages

(a) A resident, a representative of a resident, or the ombudsman, on behalf of a resident, may bring an action in court to recover actual and punitive damages for an injury that results from a violation of subchapter II or III of this chapter, or any rule issued by the Mayor pursuant to this chapter. Upon proof of a violation, the resident shall be awarded 3 times the actual damages or $1000, whichever is greater, and may be awarded punitive damages not to exceed $10,000. (b) The first $7,000 of a damage award recovered by a resident in an action brought under this section shall be excluded from consideration when determining the eligibility of the resident for Medicaid, the amount of assistance the resident is entitled to under Medicaid, or the assets of the resident that the District may subject to a lien, set-off, or other legal process for the purpose of satisfying indebtedness created by the receipt of Medicaid or other public assistance payments.  (Mar. 16, 1989, D.C. Law 7-218, § 502, 36 DCR 534; Mar. 12, 2011, D.C. Law 18-321, § 2(j), 57 DCR 12438.)  Prior Codifications 1981 Ed., § 6-3542. Section References This section is referenced in § 7-705.03. Effect of Amendments D.C. Law 18-321, in subsec. (a), substituted “$1000, whichever is greater, and may be awarded punitive damages not to exceed $10,000” for “$100, whichever is greater, and may be awarded punitive damages of up to $5,000”; and, in subsec. (b), substituted “$7,000” for “$3,000”.
DC Code § 7-705.03 (2021)
2021 District of Columbia Code|Title 7 - Human Health Care and Safety|Chapter 7 - Long-Term Care Ombudsman Program|Subchapter V - Private Rights of Action|§ 7-705.03. Court costs and attorney’s fees

The court shall award costs and reasonable attorney’s fees to a resident who prevails in an action brought under § 7-705.01 or § 7-705.02.  (Mar. 16, 1989, D.C. Law 7-218, § 503, 36 DCR 534.)  Prior Codifications 1981 Ed., § 6-3543.
DC Code § 7-706.01 (2021)
2021 District of Columbia Code|Title 7 - Human Health Care and Safety|Chapter 7 - Long-Term Care Ombudsman Program|Subchapter VI - Miscellaneous|§ 7-706.01. Rules

Within 90 days of March 16, 1989, the Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the provisions of this subchapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.  (Mar. 16, 1989, D.C. Law 7-218, § 601, 36 DCR 534.)  Prior Codifications 1981 Ed., § 6-3551. Delegation of Authority Delegation of authority under D.C. Law 7-218, the “District of Columbia Long-Term Care Ombudsman Program Act of 1988”, see Mayor’s Order 89-86, April 28, 1989.
DC Code § 7-731.01 (2021)
2021 District of Columbia Code|Title 7 - Human Health Care and Safety|Chapter 7A - Functions of the Department of Health|Subchapter I - General Powers, Fees, and Funds|§ 7-731.01. Health data collection and reporting

(a)(1) The Department of Health ("Department") shall participate in the Behavioral Risk Factor Surveillance System ("BRFSS"). (2) The Department shall annually publish a detailed report on the results of the BRFSS on its website. (3) The Department shall include questions related to the sexual orientation, gender identity, and gender expression of respondents in its BRFSS questionnaire. (A) The Department shall give preference to any modules or questions approved by the U.S. Centers for Disease Control and Prevention. (B) The Department may develop its own questions related to the sexual orientation, gender identity, or gender expression of respondents to add to the BRFSS. (b)(1) The Department shall annually publish a comprehensive report on the health of the District's LGBTQ community in coordination with the Office of Gay, Lesbian, Bisexual, and Transgender Affairs, pursuant to § 2-1383(b)(10). (2) At least every 3 years, the comprehensive report shall include data collected from the BRFSS. (3) Each report shall compare the prevalence of health-related risk behaviors, chronic health conditions, and use of preventive services among the LGBTQ population with the general population, and where possible, LGBTQ sub-populations. (4) The Department shall post the report on its website. (c) For the purposes of this section: (1) "Behavioral Risk Factor Surveillance System" means the national telephone survey conducted by state health departments and coordinated by the U.S. Centers for Disease Control and Prevention to collect state data about residents regarding their health-related risk behaviors, chronic health conditions, and use of preventive services, or a similar successor survey. (2) "LGBTQ" shall have the same meaning as provided in § 2-1381.  (Oct. 3, 2001, D.C. Law 14-28, § 4902a; as added Apr. 11, 2019, D.C. Law 22-291, § 2, 66 DCR 1687.)
DC Code § 7-732 (2021)
2021 District of Columbia Code|Title 7 - Human Health Care and Safety|Chapter 7A - Functions of the Department of Health|Subchapter I - General Powers, Fees, and Funds|§ 7-732. Regulatory Enforcement Fund. [Repealed]

Repealed.  (Oct. 3, 2001, D.C. Law 14-28, § 4903, 48 DCR 6981; Oct. 28, 2003, D.C. Law 15-38, § 3(g), 50 DCR 6913; Nov. 13, 2003, D.C. Law 15-39, § 1602, 50 DCR 5668; Mar. 13, 2004, D.C. Law 15-105, § 45, 51 DCR 881; Sept. 14, 2011, D.C. Law 19-21, § 9079, 58 DCR 6226.)  Section References This section is referenced in § 7-733.01 and § 7-743. Emergency Legislation For temporary (90 day) addition of section, see § 3 of Department of Health Functions Clarification Emergency Act of 2001 (D.C. Act 14-60, June 6, 2001, 48 DCR 5701). For temporary (90 day) addition of section, see § 4403 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861). For temporary (90 day) amendment of section, see § 1602 of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613). For temporary (90 day) amendment of section, see § 3(g) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). For temporary (90 day) amendment of section, see § 1602 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360). Short Title Short title of title XVI of Law 15-39: Section 1601 of D.C. Law 15-39 provided that title XVI of the act may be cited as the Department of Health Functions Clarification Amendment Act of 2003.
DC Code § 7-733 (2021)
2021 District of Columbia Code|Title 7 - Human Health Care and Safety|Chapter 7A - Functions of the Department of Health|Subchapter I - General Powers, Fees, and Funds|§ 7-733. Health Occupations Regulation Fund

(a) There is established as a nonlapsing, revolving fund in the Department of Health the Health Occupations Regulation Fund (“Fund”), to be administered by the Mayor as an agency fund as defined in § 47-373(2)(I), to which all licensing fees, civil fines, and interest relating to the practice of health occupations in the District of Columbia shall be deposited and credited; except, that the Master License Fee collected by the Department of Consumer and Regulatory Affairs for the activities described in § 7-731 shall be deposited into the Master Business License Fund established by § 47-2851.13, to the credit of the Department of Consumer and Regulatory Affairs. (b) Revenues deposited into the Fund shall not revert to the General Fund at the end of any fiscal year or at any other time, but shall be continually available to the Department of Health for the uses and purposes set forth in subsection (c) of this section, subject to authorization by Congress in an appropriations act. (c) Subject to the applicable laws relating to the appropriation of District of Columbia funds, monies received by and deposited in the Health Occupations Regulation Fund shall be for the sole use of the boards established pursuant to Chapter 12 of Title 3, and from it shall be paid all salaries and all other expenses necessary in carrying out the duties of the boards. The Mayor shall be responsible for the deposit and expenditure of these monies. (d) The Mayor shall submit to the Council, as a part of the annual budget, a requested appropriation for expenditures from the Health Occupations Regulation Fund. The Mayor’s budget request shall be based on an estimated projection of the expenditures necessary to perform the administrative and regulatory functions of the boards established pursuant to Chapter 12 of Title 3.  (Oct. 3, 2001, D.C. Law 14-28, § 4904, 48 DCR 6981.)  Emergency Legislation For temporary (90 day) addition of section, see § 4 of Department of Health Functions Clarification Emergency Act of 2001 (D.C. Act 14-60, June 6, 2001, 48 DCR 5701). For temporary (90 day) addition of section, see § 4404 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).