(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:
(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.