Code of the District of Columbia

Chapter 4A. Community Residential Facilities Third-Party Notice of Utility Disconnection.

§ 34–411.01. Definitions.

For the purposes of this chapter, the term:

(1) "Assisted living residence" shall have the same meaning as provided in§ 44-102.01(4).

(2) "Community residence facility" shall have the same meaning as provided in § 44-501(a)(4).

(3) "Entity" means an assisted living residence, a community residence facility, or a nursing facility operating in the District.

(4) "Managing agency" means the District government agency that has oversight of an entity.

(5) "Nursing facility" means a 24-hour institution or distinct part of a 24-hour institution that:

(A) Is primarily engaged in providing nursing care and related services to residents who require medical or nursing care, or rehabilitation services to persons who are injured, disabled, or sick;

(B) Is not primarily for the care and treatment of mental diseases; and

(C) Has in effect a transfer agreement that meets the requirements of section 1802 of the Social Security Amendments of 1965, approved July 30, 1965 (79 Stat. 291; 42 U.S.C. § 1395a), with one or more hospitals.

(6) "Ombudsman" means the District of Columbia Long-Term Care Ombudsman established by § 7-702.02(a) and designated under section 307(a)(12) of the Older Americans Act of 1965, approved October 18, 1978 (92 Stat. 1525; 42 U.S.C. § 3027(a)(12)), to perform the mandated functions of the Long-Term Care Ombudsman Program established by § 7-702.01.

(7) "Third-party contact" means a person or agency authorized to receive duplicate notification of a past-due bill or termination of service sent to an entity by a utility company.

(8) "Third-Party Notification program" is a program maintained by a utility company under which a customer of the utility company can designate another person or an agency to be the customer's third-party contact authorized to receive a copy of any notification regarding the customer's past-due bill or termination of service because of a past-due bill.

(9) "Utility company" means a business that provides water, natural gas, or electricity service to an entity.

(June 5, 2018, D.C. Law 22-104, § 2, 65 DCR 3780.)

§ 34–411.02. Third-Party Notification program; utility company requirement.

(a)(1) Within 60 days after June 5, 2018, each utility company shall have implemented a Third-Party Notification program, including providing the enrollment form required by § 34-411.03(b).

(2) The enrollment form shall include a provision giving an entity, or other customer, designating a third-party contact the option of making the address, telephone number, and account records of the entity, or other customer, confidential, except in circumstances that the information is required by law to be provided.

(b)(1) A utility company shall send a duplicate of any notification of a past-due bill or termination of service because of a past-due bill sent to an entity to the third-party contact managing agency no more than 2 days after the initial notification was sent to the entity.

(2) Notwithstanding the requirement set forth in paragraph (1) of this subsection, a utility company shall provide such duplicate notifications only in cases where the third-party contacts have been and remain authorized by the participating entity.

(June 5, 2018, D.C. Law 22-104, § 3, 65 DCR 3780.)

§ 34–411.03. Third-Party Notification program; entity requirement.

(a) Within 90 days after June 5, 2018, an entity shall enroll in the Third-Party Notification program of each utility company from which the entity receives service and, notwithstanding having designated another person or body to be a third-party contact, designate the appropriate managing agency, or agencies, as a third-party contact.

(b) An entity shall provide the managing agency, or agencies, a completed Third-Party Notification program enrollment form from each utility company providing service to the entity showing that the managing agency has been designated the entity's third-party contact.

(June 5, 2018, D.C. Law 22-104, § 4, 65 DCR 3780.)

§ 34–411.04. Ombudsman; notification requirement.

Upon receiving a copy of a notification from a utility company to the utility company's customer of a past-due bill or termination of service, the third-party contact managing agency shall transmit a copy of the notification to the Ombudsman, which shall be transmitted so that the Ombudsman receives the copy on the same day that the notification was received by the third-party contact managing agency.

(June 5, 2018, D.C. Law 22-104, § 5, 65 DCR 3780.)

§ 34–411.05. Nonliability of a third-party contact and Ombudsman.

A third-party contact, whether a managing agency or other designee, and the Ombudsman shall not have any:

(1) Responsibility for paying a past-due bill;

(2) Liability regarding a past-due bill or any other charges that may accrue;

(3) Authority to delay or prevent termination of service; or

(4) Authority to make a payment arrangement for the entity.

(June 5, 2018, D.C. Law 22-104, § 6, 65 DCR 3780.)

§ 34–411.06. Rules.

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter.

(June 5, 2018, D.C. Law 22-104, § 7, 65 DCR 3780.)