District Of Columbia § 44-1003.03 - Hearing.
Full text of District Of Columbia D.C. Code § 44-1003.03 — Hearing., with citation guidance and answers to common questions.
§ 44-1003.03. Hearing.
44-1003.03Whenever a facility decides to involuntarily discharge, transfer, or relocate a resident, that resident, his or her representative, or the Long-Term Care Ombudsman may contest the decision by mailing a written hearing request to the Mayor and notifying the administrator or facility staff of the request:
Within 7 calendar days after receiving notice of a proposed discharge or transfer to another facility; or
Within 5 calendar days after receiving notice of a proposed relocation within the facility.
If the resident or resident’s representative mails the hearing request from the facility, the day he or she places it in the facility’s outgoing mail or gives it to a member of the facility staff for mailing shall be considered the date of mailing for purposes of the 7-day and 5-day time limits. In all other cases, the postmark date shall be considered the date of mailing.
A timely hearing request shall stay the discharge, transfer, or relocation unless a condition set forth in and (2) develops in the interim.
The Mayor shall hold a hearing at the resident’s facility within 5 calendar days, and shall render a decision within 7 calendar days, after a timely hearing request is received. The facility shall have the burden of proof unless the ground for the proposed discharge, transfer, or relocation is a prescribed change in the resident’s level of care, in which case the person(s) responsible for prescribing that change shall have the burden of proof and the resident shall have the right to challenge the level of care determination at the hearing. A hearing held under this section may not be used by the resident to litigate or relitigate Medicaid eligibility.
If the Mayor finds that the existence of a ground listed in has been proven by clear and convincing evidence, the resident shall not be:
Discharged or transferred from the facility before the 22nd calendar day following his or her receipt of the notice required by or the 5th calendar day following his or her notification of the hearing decision, whichever is later, unless a condition set forth in and (2) develops in the interim; or
Relocated within the facility before the 8th calendar day following his or her receipt of the notice required by or the 3rd calendar day following his or her notification of the hearing decision, whichever is later, unless a condition set forth in and (2) develops in the interim.
Annotations
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 44-1003.03
What does D.C. Code § 44-1003.03 cover?
Section 44-1003.03 ("Hearing.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 44-1003.03?
A common citation format is "D.C. Code § 44-1003.03" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 44-1003.03 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.