§ 44-1003-01

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

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.

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).