§ 7-705.02 — Civil action for damages.

District of Columbia § 7-705.02

• Jurisdiction: District of Columbia
• Title 7: Human Health Care and Safety.
• Ch. 7: Long-Term Care Ombudsman Program.
• Subch. V: Private Rights of Action.

Text

(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.

Legislative History

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