D.C. Law 22-238. Study of Long-Term Care Facilities and Long-Term Care Services Act of 2018.

AN ACT

To require the Department of Health, in consultation with residents receiving long-term care services, providers of long-term care services, community advocates, and any other appropriate District agencies, to conduct a study to evaluate the availability of affordable long-term care facilities and long-term care services in the District.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Study of Long-Term Care Facilities and Long-Term Care Services Act of 2018".

Sec. 2. Definitions.

For the purposes of this act, the term:

(1) "Department" means the Department of Health.

(2) "Long-term care facility" shall have the same meaning as provided in section 101(7) of the District of Columbia Long-Term Care Ombudsman Program Act of 1988, effective March 16, 1989 (D.C. Law 7-218; D.C. Official Code § 7-701.01(7)).

(3) "Long-term care services" shall have the same meaning as provided in section 101(7A) of the District of Columbia Long-Term Care Ombudsman Program Act of 1988, effective March 16, 1989 (D.C. Law 7-218; D.C. Official Code § 7-701.01(7A)).

Sec. 3. Study of long-term care facilities and long-term care services.

(a) The Department, in consultation with residents receiving long-term care services, providers of long-term care services, community advocates, and any other appropriate District agencies, shall conduct a study using a community-based participatory research framework to evaluate the availability of affordable long-term care facilities and long-term care services in the District. The study shall:

(1) Review the availability of affordable long-term care facilities;

(2) Evaluate the number of beds available at long-term care facilities;

(3) Identify the payment sources accepted by long-term care facilities for the provision of long-term care services;

(4) Develop an estimate of the number of District residents who receive long-term care services from long-term care facilities located in Virginia and Maryland;

(5) Assess the availability of long-term care services provided to residents in the District;

(6) Identify the number of residents receiving long-term care services in the District who transitioned in the preceding year to a long-term care facility either within or outside of the District;

(7) Develop an estimate of the number of District residents who may require long-term care services over the next 10-year period; and

(8) Recommend resources to ensure residents have access to affordable long-term care services in the District.

(b) By February 1, 2019, the Department shall submit the study required pursuant to subsection (a) of this section to the Council.

Sec. 4. Applicability.

(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.

(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.

(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.

(2) The date of publication of the notice of the certification shall not affect the applicability of this act.

Sec. 5. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 6. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.

Law Information

Cites

  • D.C. Law 22-238 (PDF)
  • D.C. Act 22-561 (PDF)
  • 66 DCR 594

Effective

Mar. 13, 2019

Legislative History (LIMS)

Law 22-238, the “Study of Long-Term Care Facilities and Long-Term Care Services Act of 2018,” was introduced in the Council and assigned Bill No. 22-690 which was referred to the Committee on Health. The bill was adopted on first and second readings on Nov. 13, 2018, and Dec. 4, 2018, respectively. After mayoral review, it was assigned Act No. 22-561 on Jan. 15, 2019, and transmitted to Congress for its review. D.C. Law 22-238 became effective Mar. 13, 2019.