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 responsibleparty have been given the reasons for, procedures for contesting and proposed effective date of discharge, transferor 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:
Sharon Lewis, DHA, RN-BC, CPM
Program Manager
Health Regulation and Licensing Administration
Department of Health
899 North Capitol Street, NE, 2nd Floor
Washington, DC 20002
Wayne Turnage, MPH, Director
DC Department of Health Care Finance
Medical Assistance Administration
899 North Capitol Street, NE, 6th Floor
Washington, DC 20002
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 andmail it in the preaddressed envelope provided. If you are mailing the hearing request form from the facility, the day you placeit in the facility's outgoing mail or give it to a member of the staff for mailing shall be considered the date of mailing forpurposes of the time limit. In all other cases, the postmark date shall be considered the date of mailing. If, instead, thedecision 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 isrendered. 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 toprepare 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.
DC Long-Term Care Ombudsman Program
Legal Counsel for the Elderly
601 E Street, NW, Building A-4th Floor
Washington, DC 20049
el. (202) 434-2190, Fax (202) 434-6595
Laura Nuss, Director
Department on Disability Services
1125 15th Street, NW
Washington, DC 20005
Attn: Transfer/Discharge of Resident from Nursing Home
Tel. (202) 730-1700, Fax (202) 730-1843
Stephen T. Baron, Director
Department of Mental Health
609 H Street, NE, 5th Floor
Washington, DC 20002
Attn: Transfer/Discharge of Resident from Nursing Home
Tel. (202) 673-2200, Fax (202) 673-3422