Code of the District of Columbia

§ 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.

(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.


(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; Aug. 19, 2020, D.C. Act 23-405, § 511, 67 DCR 10235.)

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,”.