A resident, a resident's representative, the Long-Term Care Ombudsman, or the Attorney General for the District of Columbia may bring an action in court for a temporary restraining order, preliminary injunction, or permanent injunction to enjoin a facility from violating any provision in subchapter III of this chapter, any rule issued by the Mayor pursuant to that subchapter, or any standard or resident's right established pursuant to § 44-504(a)(3) and (4).
(Apr. 18, 1986, D.C. Law 6-108, § 401, 33 DCR 1510; Apr. 13, 2005, D.C. Law 15-354, § 67, 52 DCR 2638.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 32-1451.
Effect of Amendments
D.C. Law 15-354 substituted "Attorney General for the District of Columbia" for "Corporation Counsel".
Legislative History of Laws
For legislative history of D.C. Law 6-108, see Historical and Statutory Notes following § 44-1001.01.
For Law 15-354, see notes following § 44-212.
A resident, a resident's representative, the Long-Term Care Ombudsman, or the licensee or administrator of a facility may bring an action in court for mandamus to order the Mayor or any District government agency to comply with subchapter III of this chapter, any rule issued by the Mayor pursuant to that subchapter, or any other District or federal law relevant to the operation of a facility or the care of its residents. Any person bringing an action under this section shall give the Mayor at least 5 days advance notice (excluding Saturdays, Sundays, and legal holidays) before the action is filed in court.
(Apr. 18, 1986, D.C. Law 6-108, § 402, 33 DCR 1510.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 32-1452.
Legislative History of Laws
For legislative history of D.C. Law 6-108, see Historical and Statutory Notes following § 44-1001.01.
(a) A resident or resident's representative may bring an action in court to recover actual and punitive damages for any injury that results from a violation of subsection (b) of this section, subchapter III of this chapter, any rule issued by the Mayor pursuant to subchapter III of this chapter, or any standard or resident's right established pursuant to § 44-504(a)(3) and (4). Upon proof of a violation and subject to subsection (c) of this section, the resident shall be awarded 3 times the actual damages or $100, whichever is greater, and may be awarded punitive damages of up to $5,000.
(b) No owner, licensee, administrator, or employee of a facility shall take any action that adversely affects a resident's rights, privileges, or living arrangement in retaliation for that resident, his or her representative, or the Long-Term Care Ombudsman having exercised a right conferred by District or federal law, court order, or order of the Mayor. In any action brought under subsection (a) of this section alleging retaliation, there shall be a presumption, rebuttable by a showing of clear and convincing evidence, that conduct is retaliatory if an owner, licensee, administrator, or facility employee attempts to discharge, transfer, or relocate a resident within 6 months after that resident or his or her representative:
(1) Files an action for relief under this subchapter;
(2) Files a petition for the appointment of a receiver or monitor under subchapter II of this chapter or otherwise participates in receivership or monitor proceedings against the facility;
(3) Exercises a right to a hearing under subchapter III of this chapter; or
(4) Makes an oral or written complaint against the facility or its owner, licensee, administrator, or staff to an agency or official of the District government, a representative from the Long-Term Care Ombudsman program, the owner, licensee, or administrator of the facility, or an employee of the facility.
(c) The defendant in an action brought under this section may plead as an affirmative defense that he, she, or it exercised reasonable care to prevent the injury for which liability is asserted; provided, however, that the adoption of policies and procedures to effect compliance with District law shall not alone be sufficient evidence to show the exercise of reasonable care.
(d) The first $3,000 of a damages award recovered by a resident in any action brought under this section shall be excluded from consideration when determining that resident's eligibility for Medicaid, the amount of assistance he or she is entitled to under Medicaid, or his or her assets that the District may subject to a lien, setoff, or other legal process for the purpose of satisfying any indebtedness created by the receipt of Medicaid or other public assistance payments.
(Apr. 18, 1986, D.C. Law 6-108, § 403, 33 DCR 1510.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 32-1453.
Legislative History of Laws
For legislative history of D.C. Law 6-108, see Historical and Statutory Notes following § 44-1001.01.
The court shall award costs and a reasonable attorney's fee to any plaintiff who prevails in an action brought under this chapter.
(Apr. 18, 1986, D.C. Law 6-108, § 404, 33 DCR 1510; Mar. 16, 1989, D.C. Law 7-218, § 602(e), 36 DCR 534.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 32-1454.
Legislative History of Laws
For legislative history of D.C. Law 6-108, see Historical and Statutory Notes following § 44-1001.01.
For legislative history of D.C. Law 7-218, see Historical and Statutory Notes following § 44-1001.01.
(a) Whenever the grounds for a resident's discharge, transfer, or relocation are being challenged, the remedies created by this subchapter shall not be available in lieu of those established by subchapter III of this chapter. In all other cases, a person authorized to bring an action under this subchapter may do so notwithstanding the availability of other remedies, and prior exhaustion of administrative remedies shall not be required.
(b) Any purported waiver of a person's right to bring an action under this subchapter shall be void.
(Apr. 18, 1986, D.C. Law 6-108, § 405, 33 DCR 1510.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 32-1455.
Legislative History of Laws
For legislative history of D.C. Law 6-108, see Historical and Statutory Notes following § 44-1001.01.
