(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.
(c) During a period of time for which the Mayor has declared a public health emergency pursuant to § 7-2304.01, plus an additional 45 days following the end of that period, a facility providing long-term care shall not involuntarily discharge a resident except because the discharge:
(1) Results from the completion of the resident's skilled nursing or medical care; or
(2) Is essential to safeguard that resident or one or more other residents from physical injury.
1981 Ed., § 32-1431.
Effect of Amendments
D.C. Law 18-145, in subsec. (a)(3), substituted “maintenance, after reasonable and appropriate notice,” for “maintenance,”.