A resident, a representative of a resident, the ombudsman, or the Attorney General may bring an action in court for a temporary restraining order, preliminary injunction, or permanent injunction to enjoin a long-term care facility from violating a provision of subchapter II or III of this chapter or any rule issued by the Mayor pursuant to this chapter.
(Mar. 16, 1989, D.C. Law 7-218, § 501, 36 DCR 534; Mar. 12, 2011, D.C. Law 18-321, § 2(i), 57 DCR 12438.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3541.
Effect of Amendments
D.C. Law 18-321 substituted "Attorney General" for "Corporation Counsel".
Legislative History of Laws
For legislative history of D.C. Law 7-218, see Historical and Statutory Notes following § 7-701.01.
For history of Law 18-321, see notes under § 7-701.01.
(a) A resident, a representative of a resident, or the ombudsman, on behalf of a resident, may bring an action in court to recover actual and punitive damages for an injury that results from a violation of subchapter II or III of this chapter, or any rule issued by the Mayor pursuant to this chapter. Upon proof of a violation, the resident shall be awarded 3 times the actual damages or $1000, whichever is greater, and may be awarded punitive damages not to exceed $10,000.
(b) The first $7,000 of a damage award recovered by a resident in an action brought under this section shall be excluded from consideration when determining the eligibility of the resident for Medicaid, the amount of assistance the resident is entitled to under Medicaid, or the assets of the resident that the District may subject to a lien, set-off, or other legal process for the purpose of satisfying indebtedness created by the receipt of Medicaid or other public assistance payments.
(Mar. 16, 1989, D.C. Law 7-218, § 502, 36 DCR 534; Mar. 12, 2011, D.C. Law 18-321, § 2(j), 57 DCR 12438.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3542.
Effect of Amendments
D.C. Law 18-321, in subsec. (a), substituted "$1000, whichever is greater, and may be awarded punitive damages not to exceed $10,000" for $100, whichever is greater, and may be awarded punitive damages of up to $5,000"; and, in subsec. (b), substituted "$7,000" for "$3,000".
Legislative History of Laws
For legislative history of D.C. Law 7-218, see Historical and Statutory Notes following § 7-701.01.
For history of Law 18-321, see notes under § 7-701.01.
The court shall award costs and reasonable attorney's fees to a resident who prevails in an action brought under § 7-705.01 or § 7-705.02.
(Mar. 16, 1989, D.C. Law 7-218, § 503, 36 DCR 534.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3543.
Legislative History of Laws
For legislative history of D.C. Law 7-218, see Historical and Statutory Notes following § 7-701.01.
