Continued Compliance with DC Law 6-108 Required
When a resident is transferred or discharged from a nursing facility the nursing facility is required to comply with standards set forth in the Nursing Homes and Community Residence Facilities Residents' Protection Act , DC Law 6-108 (DC Official Code § 44-1003.01 et seq.). Evidence that the resident and/or family member and/or responsible party have been given the reasons for, procedures for contesting and proposed effective date of discharge, transfer or relocation must be maintained in the resident’s record. Documents must be written in accordance with District of Columbia Official Code §44-1003.02 through §44- 1003.08.
Enclosures:
DC Long-Term Care Ombudsman Program
Legal Counsel for the Elderly
601 E Street, NW, Building A-4th Floor
Washington, DC 20049
Appeal Rights Request for Hearing Form:
Arian R. Gibson, M.S.
Senior Deputy Director
Health Regulation and Licensing Administration
Department of Health
899 North Capitol Street, NE, 2nd Floor
Washington, DC 20002
Tel. (202) 724-8927, Fax (202) 724-8677
Wayne Turnage, MPA, Director
DC Department of Health Care Finance
441 4th Street, NW, 900S
Washington, DC 20001
Tel. (202) 442-5988, Fax (202) 442-4790
YOUR APPEALS RIGHTS
In Accordance with the Nursing Home and Community Residence Facility Residents' Protection Act of 1985, DC
Law 6- 108
(Transfer, Discharge, Relocation)
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.
Mark C. Miller, Director
DC Long-Term Care Ombudsman Program
Legal Counsel for the Elderly
601 E Street, NW, Building A-4th Floor
Washington, DC 20049
Tel. (202) 434-2190, Fax (202) 434-6595
Andrew Reese, Director
Department on Disability Services
250 E Street, SW
Washington, DC 20024
Attn: Transfer/Discharge of Resident from Nursing Home
Tel. (202) 730-1700, Fax (202) 730-1843
Barbara Bazron, Director
Department of Behavioral Health
64 New York Avenue, NE, 3rd Floor
Washington, DC 20002
Attn: Transfer/Discharge of Resident from Nursing Home
Tel. (202) 673-2200, Fax (202) 673-3433