§ 44–1002.05. Appointment of receiver; continuation of ex parte appointment.

(a) After a hearing the court may appoint a receiver for the facility or continue the appointment of a receiver made ex parte if it finds that the petitioner has proven, by clear and convincing evidence, the existence of one or more of the grounds for receivership listed in § 44-1002.02

(b)(1) The Mayor shall, after consulting with appropriate District government agencies, the Long-Term Ombudsman, and representatives from nursing home, Assisted Living Residence, and community residence facility providers, establish a list of potential receivers with experience in the delivery of health-care or personal care services preferably in the operation of a nursing home, Assisted Living Residence, or community residence facility.

(2) Except as provided in paragraph (3) of this subsection, the court may appoint as a receiver any qualified person with experience in the delivery of health-care or personal care services preferably in the operation of a nursing home, Assisted Living Residence, or community residence facility. In deciding whom to appoint, the court shall give strong consideration to the list of mayoral nominees established pursuant to paragraph (1) of this subsection.

(3) The court shall not appoint as a receiver:

(A) An employee of a District government agency that licenses, operates, or provides a financial payment to the type of facility being placed in receivership;

(B) The owner, licensee, or administrator of the facility, or an affiliate of the owner, licensee, or administrator; or

(C) A parent, child, grandchild, spouse, domestic partner, sibling, first cousin, aunt, or uncle of one of the facility’s residents, whether the relationship arises by blood, marriage, domestic partnership, or adoption. For the purposes of this subparagraph, the term “domestic partner” shall have the same meaning as provided in § 32-701(3), and the term “domestic partnership” shall have the same meaning as provided in § 32-701(4).

(c)(1) Before a receiver takes charge of a facility, he or she shall file a bond with the court that:

(A) Does not exceed the value of the facility and its assets; and

(B) Runs to the District for the benefit of all persons interested in his or her faithful performance of the receivership.

(2) Unless the court directs otherwise, the receiver may pay the premium of the bond from the facility’s income.

(d) Any person authorized to file a petition under § 44-1002.03 may petition the court to appoint a substitute for a receiver who:

(1) Dies;

(2) Has or develops a disability that impedes his or her ability to carry out the receivership;

(3) Has or develops a conflict of interest; or

(4) Fails to make reasonable progress in carrying out the receivership.

(Apr. 18, 1986, D.C. Law 6-108, § 205, 33 DCR 1510; June 24, 2000, D.C. Law 13-127, § 1404(b), 47 DCR 2647; Sept. 12, 2008, D.C. Law 17-231, § 39, 55 DCR 6758.)

Prior Codifications

1981 Ed., § 32-1415.

Section References

This section is referenced in § 44-1002.07 and § 44-1002.10.

Effect of Amendments

D.C. Law 13-127 amended subsec. (b)(1) and (2) by adding the phrase “, Assisted Living Residence,” after the phrase “nursing home” wherever it appears and by adding the phrase “or personal care services,” after the word “health-care” wherever it appears.

D.C. Law 17-231 rewrote subsec. (b)(3)(C), which had read as follows: “(C) A parent, child, grandchild, spouse, sibling, first cousin, aunt, or uncle of one of the facility’s residents, whether the relationship arises by blood, marriage, or adoption.”