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2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 9A - Not-for-Profit Hospital Corporation › § 44–951.01. Definitions

§ 44–951.01. Definitions.
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 Fund established by § 44-951.03.
(4) “Hospital” means:
(A) The acute care hospital on the site;
(B) The hospital building on the site;
(C) All furnishings, fixtures, equipment, supplies, and related amenities located in the acute care hospital and the hospital building; and
(D) Any other operations located within the hospital building or on the site, and contracts, leases, or other agreements related to those operations.
(5) “Site” means the land comprised of approximately 17 acres at 1310 and 1350 Southern Avenue, S.E.
(Sept. 14, 2011, D.C. Law 19-21, § 5112, 58 DCR 6226.)
Short Title
Short title: Section 5111 of D.C. Law 19-21 provided that subtitle L of title V of the act may be cited as “Not-for-Profit Hospital Corporation Establishment Amendment Act of 2011”.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 9A - Not-for-Profit Hospital Corporation › § 44–951.02. Establishment of the Not-for-Profit Hospital Corporation

§ 44–951.02. Establishment of the Not-for-Profit Hospital Corporation.
(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, improvements on the land, equipment, and other assets of the United Medical Center;
(2) Operate and take all actions to ensure the continued operation of the hospital; and
(3) Sell or otherwise transfer all or part of the hospital and site, if a qualified buyer is identified.
(Sept. 14, 2011, D.C. Law 19-21, § 5113, 58 DCR 6226.)
Section References
This section is referenced in § 44-951.01.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 9A - Not-for-Profit Hospital Corporation › § 44–951.03. Not-for-Profit Hospital Corporation Fund

§ 44–951.03. Not-for-Profit Hospital Corporation Fund.
(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 payers, and other sources.
(2) The Mayor may direct the Chief Financial Officer to deposit in the Fund any and all other funds received by or on behalf of the Corporation or the hospital for the purpose of operating the Corporation, the hospital, and any other operations conducted by or through the Corporation on the site.
(3) All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (b) of this section without regard to fiscal year limitation, subject to authorization by Congress.
(b) Disbursements from the Fund may be used for all purposes related to operating the Corporation, the hospital, and other operations on the site, and to purchase for the general public for educational or promotional events and programs sponsored or organized by the Corporation, including the Corporation’s Marketing/Public Relations department:
(1) Food;
(2) Snacks;
(3) Nonalcoholic beverages; and
(4) Marketing and promotional items and gifts.
(Sept. 14, 2011, D.C. Law 19-21, § 5114, 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 5032(a), 59 DCR 8025.)
Section References
This section is referenced in § 44-951.01.
Effect of Amendments
The 2012 amendment by D.C. Law 19-168 added “and to purchase for the general public for educational or promotional events and programs sponsored or organized by the Corporation, including the Corporation’s Marketing/Public Relations department” in the introductory language of (b); and added (b)(1) through (b)(4).
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 9A - Not-for-Profit Hospital Corporation › § 44–951.07. Transfer of assets under Deed of Trust

§ 44–951.07. Transfer of assets under Deed of Trust.
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, including cash, accounts receivable, and real and personal property, of United Medical Center to the Corporation.
(Sept. 14, 2011, D.C. Law 19-21, § 5118, 58 DCR 6226.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 9A - Not-for-Profit Hospital Corporation › § 44–951.10. Transfer of employees

§ 44–951.10. Transfer of employees.
(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 Chapter 6 of Title 1 [§ 1-601.01 et seq.], or its implementing regulations and shall not enjoy any rights, benefits, or obligations afforded by Chapter 6 of Title 1.
(Sept. 14, 2011, D.C. Law 19-21, § 5121, 58 DCR 6226.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 9A - Not-for-Profit Hospital Corporation › § 44–951.11. Procurement law inapplicable

§ 44–951.11. Procurement law inapplicable.
(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 §§ 1-204.51 and 2-352.02.
(b) Procurement policies employed by the United Medical Center on the day prior to September 14, 2011, shall continue until the Corporation develops new procurement policies.
(Sept. 14, 2011, D.C. Law 19-21, § 5122, 58 DCR 6226.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 9A - Not-for-Profit Hospital Corporation › § 44–951.12. Exemption from taxation

§ 44–951.12. Exemption from taxation.
The assets and income of the Corporation shall be exempt from taxation by the District government.
(Sept. 14, 2011, D.C. Law 19-21, § 5123, 58 DCR 6226.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 9A - Not-for-Profit Hospital Corporation › § 44–951.13. Reports to the Mayor and the Council

§ 44–951.13. Reports to the Mayor and the Council.
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 reserves, depreciation, and special, sinking, or other funds.
(Sept. 14, 2011, D.C. Law 19-21, § 5124, 58 DCR 6226.)
Emergency Legislation
For temporary (90 day) addition of section, see § 5016 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) addition of section, see § 5016 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
For Not-for-Profit Hospital Corporation reporting requirements to Council, see § 5016 of D.C. Law 19-168.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 9A - Not-for-Profit Hospital Corporation › § 44–951.14. Representation and indemnification

§ 44–951.14. Representation and indemnification.
(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 regardless of whether the Corporation purchases insurance or whether purchased insurance covers any act or omission of an act.
(b) The District of Columbia may, upon request by the Corporation and at the discretion of the Attorney General for the District of Columbia (“Attorney General”), provide representation through the Office of the Attorney General to the Corporation and its officers and employees for legal matters related to their official duties.
(c) The Corporation may retain outside counsel, other than the Attorney General, at its own expense to provide representation for the Corporation and its officers and employees in actual or anticipated litigation related to their official duties and functions or in any other legal proceeding, lawsuit, grievance, or arbitration filed against the Corporation, its officers, or its employees.
(d) An action other than an action for medical negligence or malpractice may not be maintained against the Corporation for unliquidated damages to persons or property unless, within 6 months after the injury or damage was sustained, the claimant, his agent, or attorney has given notice in writing to the CEO of the approximate time, place, cause, and circumstances of the injury or damage.
(e) The District of Columbia and its officers and employees shall not be liable for and may not be made a party to any lawsuits or claims arising from the operation of the Corporation.
(Sept. 14, 2011, D.C. Law 19-21, § 5125, 58 DCR 6226.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 9A - Not-for-Profit Hospital Corporation › § 44–951.15. General Counsel

§ 44–951.15. General Counsel.
(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 issues related to its powers and duties;
(4) Have an attorney-client relationship with the Corporation; and
(5) Advocate vigorously for the positions of the Corporation on legal issues.
(b) The General Counsel, with the consent of the CEO, may employ staff attorneys and other personnel.
(Sept. 14, 2011, D.C. Law 19-21, § 5126, 58 DCR 6226.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 9A - Not-for-Profit Hospital Corporation › § 44–951.16. Debts and borrowing

§ 44–951.16. Debts and borrowing.
(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 the Board. Debt of the Corporation shall be payable solely from the revenues of the Corporation from whatever source derived and shall not be issued in the form of obligations maturing longer than 5 years, including renewals. The Corporation shall have the power to incur indebtedness regardless of whether the interest payable by the Corporation or the income derived by the holders of the evidence of the indebtedness is, for the purposes of federal taxation, includable in the taxable income of the recipients of these payments or is otherwise not exempt from the imposition of taxable income on the recipients. No official, employee, or agent of the Corporation shall be held personally liable solely because a debt instrument is issued.
(b) Any debt created pursuant to this section shall not:
(1) Be considered general obligation debt of the District for any purpose, including the limitation on the annual aggregate limit on debt of the District of Columbia under § 1-206.03(b);
(2) Constitute a lending of the public credit for private undertakings for purposes of § 1-206.02(a)(2);
(3) Be a pledge of or involve the full faith and credit of the District of Columbia, other than with respect to any dedicated taxes; or
(4) Constitute a debt of the District.
(Sept. 14, 2011, D.C. Law 19-21, § 5127, 58 DCR 6226.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 9A - Not-for-Profit Hospital Corporation › § 44–951.17. Continuation of privileges to practice

§ 44–951.17. Continuation of privileges to practice.
(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 privilege.
(b) The Board shall retain the policies regarding determining the qualifications for health-care professionals to receive the privilege of practicing that existed at United Medical Center on the day prior to September 14, 2011, until the Corporation replaces the policies pursuant to § 44-951.05(i).
(Sept. 14, 2011, D.C. Law 19-21, § 5128, 58 DCR 6226.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 9A - Not-for-Profit Hospital Corporation › § 44–951.18. Authority of the Chief Financial Officer

§ 44–951.18. Authority of the Chief Financial Officer.
The Chief Financial Officer of the District of Columbia shall exercise authority over the Corporation consistent with §§ 1-204.24a through 1-204.24f.
(Sept. 14, 2011, D.C. Law 19-21, § 5129, 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-171, § 107, 59 DCR 6190.)
Effect of Amendments
The 2012 amendment by D.C. Law 19-171 substituted “§§ 1-204.24a through 1-204.24f” for “§§ 1-204.24a, 1-204.24b, and 1-204.24c.”
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 9A - Not-for-Profit Hospital Corporation › § 44–951.19. Dissolution

§ 44–951.19. Dissolution.
(a) At a date approved by the Fiscal Management Board, but no later than 30 days after the opening of the new Cedar Hill Regional Medical Center – GW Health, the United Medical Center shall cease admitting new patients.
(b) At a date approved by the Fiscal Management Board, but no later than 90 days after the opening of the new Cedar Hill Regional Medical Center – GW Health, the United Medical Center shall cease patient operations.
(c) On September 30, 2025, the Corporation shall dissolve. All of its assets (including cash, accounts receivable, reserve funds, real or personal property, and contract and other rights), positions, personnel, and records, and the unexpended balances of appropriations, allocations, and other funds available or to be made available to it, shall revert to the District.
(d) The Office of the Chief Financial Officer shall ensure that the Fiscal Year 2025 year-end audit and all other financial reporting and regulatory requirements for the Not-for-Profit Hospital Corporation are executed properly.
(Sept. 14, 2011, D.C. Law 19-21, § 5130; as added Sept. 11, 2019, D.C. Law 23-16, § 5092(c), 66 DCR 8621; Sept. 6, 2023, D.C. Law 25-50, § 5092(c), 70 DCR 10366.)
Applicability
Section 5093 of D.C. Law 25-50 provided that the changes made to this section by D.C. Law 25-50 shall apply as of May 19, 2021.
Section 5093 of D.C. Act 25-172 provided that the changes made to this section by D.C. Act 25-172 shall apply as of May 19, 2021.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 5092(c) of Fiscal Year 2024 Budget Support Emergency Act of 2023 (D.C. Act 25-172, July 14, 2023, 70 DCR 9933).
For temporary (90 days) amendment of this section, see § 2(c) of Coronavirus Public Health Extension Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-156, Aug. 5, 2021, 68 DCR 008008).
For temporary (90 days) amendment of this section, see § 3 of Coronavirus Public Health Extension Emergency Amendment Act of 2021 (D.C. Act 24-79, May 19, 2021, 68 DCR 005600).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 3(c) of Coronavirus Public Health Extension Temporary Amendment Act of 2021 (D.C. Law 24-22, Aug. 21, 2021, 68 DCR 006446).
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 10 - Nursing Homes and Community Residence Facilities Protections › Subchapter II - Receiverships › § 44–1002.01. Purpose of receivership

§ 44–1002.01. Purpose of receivership.
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 to protect them from the increased stress and risk of trauma often associated with abrupt or unplanned transfer and discharge. A receiver appointed under this subchapter shall not take any actions or assume any responsibilities inconsistent with this purpose. Nothing in this subchapter shall be construed to limit or abrogate any other common-law or statutory right to petition for receivership.
(Apr. 18, 1986, D.C. Law 6-108, § 201, 33 DCR 1510.)
Prior Codifications
1981 Ed., § 32-1411.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 10 - Nursing Homes and Community Residence Facilities Protections › Subchapter II - Receiverships › § 44–1002.02. Grounds for receivership

§ 44–1002.02. Grounds for receivership.
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 offer verifiable evidence that adequate arrangements, designed to minimize transfer trauma, have been made to relocate its residents;
(4) A condition or practice in the facility poses a serious, widespread danger, either immediate or recurring, to the health, safety, or welfare of the residents;
(5) Violations of residents’ rights, established pursuant to § 44-504(a)(4), are chronic, substantial, and widespread;
(6) Insolvency of an owner or the licensee has placed the continued operation of the facility in serious jeopardy; or
(7) The facility has been issued a restricted or provisional license by the Department of Health.
(Apr. 18, 1986, D.C. Law 6-108, § 202, 33 DCR 1510; Apr. 29, 2010, D.C. Law 18-145, § 4(a), 57 DCR 1834.)
Prior Codifications
1981 Ed., § 32-1412.
Section References
This section is referenced in § 44-1002.03, § 44-1002.05, and § 44-1002.10.
Effect of Amendments
D.C. Law 18-145 deleted “or” from the end of par. (5); substituted “; or” for a period at the end of par. (6); and added par. (7).
2023 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

§ 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”.
2023 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

§ 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”.
2023 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

§ 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.
2023 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

§ 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.
2023 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

§ 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.
2023 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

§ 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”.
2023 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

§ 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).
2023 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

§ 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.
2023 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

§ 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.
2023 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

§ 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.
2023 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

§ 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.
2023 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

§ 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.
2023 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

§ 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.
2023 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

§ 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.
2023 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

§ 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.