D.C. Code § 44-1003.02

Current through codified legislation effective September 18, 2024

Section 44-1003.02 - Notice to resident and resident's representative

(a) Whenever a resident is to be discharged, transferred, or relocated, a facility representative shall give that resident and his or her representative both oral and written notice of the reasons for, procedures for contesting, and proposed effective date of the discharge, transfer, or relocation. Except as provided in subsection (b) of this section or unless the resident and his or her representative consent to shorter notice, the oral and written notice shall be given at least 21 calendar days before a proposed discharge or transfer from the facility, and at least 7 calendar days before a proposed relocation within the facility.

(b) The time requirements for advance oral and written notice set forth in subsection (a) of this section shall not apply if:

(1) A more immediate discharge, transfer, or relocation is necessitated by the resident's urgent medical needs as explicitly delineated in the signed, written orders of an attending physician; or

(2) The Long-Term Care Ombudsman determines that emergency or other compelling circumstances necessitate a more immediate discharge, transfer, or relocation, and the basis for that determination is documented in the clinical records of those discharged, transferred, or relocated.

(c) Consent by a resident and his or her representative to a discharge, transfer, relocation, or abbreviated notice under this subchapter shall be valid only if knowingly and voluntarily given at the time the move is proposed.

(d) The written notice required by subsection (a) of this section shall be on a form prescribed by the Mayor and shall at a minimum contain:

(1) The specific reason(s), stated in detail and not in conclusory language, for the proposed discharge, transfer, or relocation;

(2) The proposed effective date of the discharge, transfer, or relocation;

(3) A statement in not less than 12-point type that reads:

"You have a right to challenge this facility's decision to discharge, transfer, or relocate you. If the decision is to discharge you from the facility or to transfer you to another facility and you think you should not have to leave, you or your representative have 7 days from the day you receive this notice to inform the Administrator [Residence Director, if a community residence facility] or a member of the staff that you are requesting a hearing and to complete the enclosed hearing request form and mail it in the preaddressed envelope provided. If you are mailing the hearing request form from the facility, the day you place it in the facility's outgoing mail or give it to a member of the staff for mailing shall be considered the date of mailing for purposes of the time limit. In all other cases, the postmark date shall be considered the date of mailing. If, instead, the decision is to relocate you within the facility and you think you should not have to move to another room, you or your representative have only 5 days to do the above.

"If you or your representative request a hearing, it will be held no later than 5 days after the request is received in the mail, and, in the absence of emergency or other compelling circumstances, you will not be moved before a hearing decision is rendered. If the decision is against you, in the absence of an emergency or other compelling circumstances you will have at least 5 days to prepare for your move if you are being discharge or transferred to another facility, and at least 3 days to prepare for your move if you are being relocated to another room within the facility.

"To help you in your move, you will be offered counseling services by the staff, assistance by the District government if you are being discharged or transferred from the facility, and, at your request, additional support from the Long-Term Care Ombudsman program. If you have any questions at all, please do not hesitate to call one of the phone numbers listed below for assistance.";

(4) A hearing request form, together with a postage paid envelope preaddressed to the appropriate District official or agency;

(5) The name, address, and telephone number of the person charged with the responsibility of supervising the discharge, transfer, or relocation;

(6) The names, addresses, and telephone numbers of the Long-Term Care Ombudsman program and local legal services organizations; and

(7) The location to which the resident will be transferred.

(d-1) Upon oral and written notification of discharge, the nursing facility shall provide to the resident and his or her representative:

(1) A current assessment of the resident's care needs and the kind of service the resident will need upon discharge;

(2) Information about the resident's right to receive counseling that explains the resident's options of community-based care and care in the home, including the right to request that the facility arrange a visit to at least one alternative community-based care facility; and

(3) A discharge plan that:

(A) Links the resident with community resources, including the DC Aging and Disability Resource Center;

(B) Explains the resident's options of community-based care and care in the home, including the right to request that the facility arrange a visit to at least one alternative community-based care facility; and

(C) Sets forth an arrangement for the resident and an immediate family member or legal representative, if any, to visit at least one alternative community-based care facility, at the resident's request.

(e) Copies of the written notice required by subsection (a) of this section shall be placed in the resident's clinical record and shall be transmitted to the Mayor's designee and, if the resident's care is paid in whole or in part through Medicaid, the Director of the Department of Human Services ("DHS"), and the Long-Term Care Ombudsman.

(f) Whenever nonpayment is the ground for a proposed involuntary discharge or transfer, the resident shall have the right to redeem up to the time that the discharge or transfer is to be effected and, if full payment is made, shall have the right to remain in the facility.

D.C. Code § 44-1003.02

Apr. 18, 1986, D.C. Law 6-108, § 302, 33 DCR 1510; Mar. 16, 1989, D.C. Law 7-218, § 602(b), 36 DCR 534; Apr. 29, 2010, D.C. Law 18-145, § 4(c), 57 DCR 1834.

Long-term care ombudsman program, ombudsman duties, see § 7-702.04. .