D.C. Code § 31-706.01 — DC Code / Title 31 / Chapter 7 / § 31-706.01
§ 31-706.01. Group-wide supervision of internationally active insurance groups.
Status: in_force

(a) (1) The Commissioner shall be the group-wide supervisor for any internationally active insurance group in accordance with the provisions of this section; provided, that the Commissioner may acknowledge another regulatory official as the group-wide supervisor where the internationally active insurance group:
    (A) Does not have substantial insurance operations in the United States;
    (B) Has substantial insurance operations in the United States, but not in the District; or
    (C) Has substantial insurance operations in the United States and the District, but the Commissioner has determined pursuant to the factors set forth in subsections (b) and (f) of this section that the other regulatory official is the appropriate group-wide supervisor.
  (2) An insurance holding company system that does not otherwise qualify as an internationally active insurance group may request that the Commissioner make a determination or acknowledgment as to the appropriate group-wide supervisor.
(b) (1) In cooperation with other state, federal, and international regulatory agencies, the Commissioner shall identify a single group-wide supervisor for an internationally active insurance group.
  (2) The Commissioner may determine that the Commissioner is the appropriate group-wide supervisor for an internationally active insurance group that conducts substantial insurance operations concentrated in the District; provided, that the Commissioner may acknowledge that a regulatory official from another jurisdiction is the appropriate group-wide supervisor for the internationally active insurance group.
  (3) The Commissioner shall consider the following factors when making a determination or acknowledgment of who is appropriate as group-wide supervisor:
    (A) The place of domicile of the insurers within the internationally active insurance group that holds the largest share of the group's written premiums, assets, or liabilities;
    (B) The place of domicile of the top-tiered insurers in the insurance holding company system of the internationally active insurance group;
    (C) The location of the executive offices or largest operational offices of the internationally active insurance group;
    (D) Whether another regulatory official is acting or seeking to act as the group-wide supervisor under a regulatory system that the Commissioner determines to be:
      (i) Substantially similar to the system of regulation provided under the laws of the District; or
      (ii) Otherwise sufficient in terms of providing for group-wide supervision, enterprise risk analysis, and cooperation with other regulatory officials; and
    (E) Whether another regulatory official acting or seeking to act as the group-wide supervisor provides the Commissioner with reasonably reciprocal recognition and cooperation.
(c) (1) A regulatory official identified under this section as the group-wide supervisor may determine that it is appropriate to acknowledge another supervisor to serve as the group-wide supervisor.
  (2) The acknowledgment of the group-wide supervisor shall be made after consideration of the factors listed in this subsection (b) of this section and in cooperation with and subject to the acknowledgment of other regulatory officials involved with supervision of members of the internationally active insurance group, and in consultation with the internationally active insurance group.
(d) Notwithstanding any other provision of law, when another regulatory official is acting as the group-wide supervisor of an internationally active insurance group, the Commissioner shall acknowledge that regulatory official as the group-wide supervisor; provided, that, in the event of a material change in the internationally active insurance group that results in the internationally active insurance group's insurers domiciled in the District holding the largest share of the group's premiums, assets, or liabilities or the District being the place of domicile of the top-tiered insurers in the insurance holding company system of the internationally active insurance group, the Commissioner shall make a determination or acknowledgment as to the appropriate group-wide supervisor for such an internationally active insurance group pursuant to subsection (b) of this section.
(e) (1) Pursuant to § 31-706 , the Commissioner is authorized to collect from any insurer registered pursuant to § 31-705 all information necessary to determine whether the Commissioner may act as the group-wide supervisor of an internationally active insurance group or if the Commissioner may acknowledge another regulatory official to act as the group-wide supervisor.
  (2) Before issuing a determination that an internationally active insurance group is subject to group-wide supervision by the Commissioner, the Commissioner shall notify the insurer registered pursuant to § 31-705 and the ultimate controlling person within the internationally active insurance group.  The internationally active insurance group shall have, at a minimum, 30 days to provide the Commissioner with additional information pertinent to the pending determination.
  (3) The Commissioner shall publish in the District of Columbia Register and on the website for the Department of Insurance, Securities and Banking the identity of internationally active insurance groups that the Commissioner has determined are subject to group-wide supervision by the Commissioner.
(f) If the Commissioner is the group-wide supervisor for an internationally active insurance group, the Commissioner shall be authorized to engage in any of the following group-wide supervision activities:
  (1) Assess the enterprise risks within the internationally active insurance group to ensure that:
    (A) The material financial condition and liquidity risks to the members of the internationally active insurance group that are engaged in the business of insurance are identified by management; and
    (B) Reasonable and effective mitigation measures are in place; and
  (2) Request from any member of an internationally active insurance group subject to the Commissioner's supervision information necessary and appropriate to assess enterprise risk, including information about the members of the internationally active insurance group regarding:
    (A) Governance, risk assessment, and management;
    (B) Capital adequacy; and
    (C) Material intercompany transactions;
  (3) Coordinate, and, through the authority of the regulatory officials of the jurisdictions where members of the internationally active insurance group are domiciled, compel development and implementation of reasonable measures designed to ensure that the internationally active insurance group is able to timely recognize and mitigate enterprise risks to members of such internationally active insurance group that are engaged in the business of insurance;
  (4) Communicate with other state, federal, and international regulatory agencies for members within the internationally active insurance group and share relevant information, subject to the confidentiality provisions of § 31-708 , through supervisory colleges as set forth in § 31-707.01 ;
  (5) Enter into agreements with or obtain documentation from any insurer registered under § 31-705 , any member of the internationally active insurance group, and any other state, federal, and international regulatory agencies for members of the internationally active insurance group, providing the basis for or otherwise clarifying the Commissioner's role as group-wide supervisor, including provisions for resolving disputes with other regulatory officials; provided, that such agreements or documentation shall not serve as evidence in any proceeding that any insurer or person within an insurance holding company system not domiciled or incorporated in the District, doing business in the District, or otherwise subject to jurisdiction in the District; and
  (6) Other group-wide supervision activities, consistent with the authorities and purposes enumerated above, as considered necessary by the Commissioner.
(g) If the Commissioner acknowledges that another regulatory official from a jurisdiction that is not accredited by the NAIC is the group-wide supervisor, the Commissioner is authorized to reasonably cooperate, through supervisory colleges or otherwise, with group-wide supervision undertaken by the group-wide supervisor; provided, that:
  (1) The Commissioner's cooperation is in compliance with the laws of the District; and
  (2) The regulatory official acknowledged as the group-wide supervisor also recognizes and cooperates with the Commissioner's activities as a group-wide supervisor for other internationally active insurance groups where applicable; provided, that where such recognition and cooperation is not reasonably reciprocal, the Commissioner is authorized to refuse recognition and cooperation.
(h) The Commissioner is authorized to enter into agreements with or obtain documentation from any insurer registered under § 31-705 , any affiliate of the insurer, and other state, federal, and international regulatory agencies for members of the internationally active insurance group that provide the basis for or otherwise clarify a regulatory official's role as group-wide supervisor.
(i ) A registered insurer subject to this section shall pay the reasonable expenses of the Commissioner's participation in the administration of this section, including the engagement of attorneys, actuaries, and any other professionals and all reasonable travel expenses.
(j) The Commissioner is authorized to promulgate rules and regulations necessary to implement the provisions of this section.
D.C. Code § 31-5107 — DC Code / Title 31 / Chapter 51 / § 31-5107
§ 31-5107. Filing requirements; forms and rates to be approved by Commissioner.
Status: in_force

(a) All forms of policies, certificates of insurance, notices of proposed insurance, applications for insurance, binders, endorsements and riders delivered or issued for delivery in the District and the premium rates pertaining thereto shall be filed with the Commissioner by the insurance company, in such manner and together with such supporting information as the Commissioner may reasonably require. In any case where a group policy is made for a group in the District and the policy is neither delivered nor issued for delivery in the District, the form of policy and all other forms and premium rates referred to in the preceding sentence shall be filed with the Commissioner by the insurance company.
(b) The Commissioner may, within 30 days after the filing of any form of policy, certificate of insurance, notice of proposed insurance, application for insurance, binder, endorsement or rider, disapprove any such form if the premium rates charged or to be charged appear by reasonable assumptions to be excessive in relation to benefits paid or to be paid, or if the form contains provisions which are unjust, unfair, inequitable, misleading, or deceptive. In determining whether to disapprove any such form the Commissioner may give due consideration to past and prospective loss experience within and outside the District, to underwriting practice and judgment to the extent appropriate, and to all other relevant factors within and outside the District, and he may take into account the experience of the individual company.
(c) If the Commissioner notifies the insurance company that the form does not comply with the requirements of this chapter, it shall be unlawful thereafter for such insurance company to issue or use such form. In such notice, the Commissioner shall specify the reason for his disapproval and state that a hearing will be granted promptly upon request in writing by the insurance company. No such policy, certificate of insurance, notice of proposed insurance, application for insurance, binder, endorsement, or rider shall be issued or used until the expiration of 30 days after it has been so filed, unless the Commissioner shall give his prior written approval thereto.
(d) The Commissioner may, at any time after a hearing, held after not less than 20-days written notice to the insurance company, withdraw his approval of any such form if it does not meet the requirements of this chapter.
(e) The insurance company shall not issue such forms or use them after the effective date of such withdrawal of approval.
(f) The insurance company may revise such forms and the premium rates pertaining thereto from time to time, and such revised forms and premium rates shall be filed with the Commissioner and shall be subject to all the preceding requirements of this section, in like manner as though they were original filings with the Commissioner.
D.C. Code § 31-4725 — DC Code / Title 31 / Chapter 47 / § 31-4725
§ 31-4725. Policy language simplification standards.
Status: in_force

(a) Except as provided under § 31-4727 , no policy forms shall be delivered or issued for delivery in the District of Columbia after the operative date of this section, unless the forms qualify under the following standards;
  (1) The text of the form scores at least 40 on the Flesch reading ease test presented to the Commissioner by the National Association of Insurance Commissioners after 1980 or on another comparable test described in subsection (c) of this section.
  (2) The forms shall be printed in at least 10-point type and shall be 1-point leaded.
  (3) The style, the arrangement, and the overall appearance of the form shall not unduly highlight a portion of the text, an endorsement, or a rider.
  (4) If the policy has more than 3,000 words on 3 pages or has more than 3 pages, then the form shall contain a table of contents or an index of the principal portions of the text.
(b) A Flesch reading ease test score shall be measured by the following method:
  (1) (A) For forms containing no more than 10,000 words, the entire form shall be analyzed.
    (B) For policy forms containing more than 10,000 words, the readability of 2 different 200 word samples, per page of text, may be analyzed instead of the entire form.
    (C) The samples shall be separated by at least 20 printed lines.
  (2) (A) The number of words and sentences shall be counted and the total number of words divided by the number of sentences.
    (B) The quotient shall be multiplied by 1.015.
  (3) (A) The total number of syllables shall be counted and divided by the total number of words.
    (B) The quotient shall be multiplied by 84.6.
  (4) The sum of the products described in paragraphs (2) and (3) of this subsection, subtracted from 206.835, equals the Flesch reading ease score.
  (5) For paragraphs (2), (3), and (4) of this subsection, the following shall apply:
    (A) A contraction, hyphenated word, number, and isolated letter, when separated in the text by spaces shall be counted as 1 word.
    (B) A unit of words ending with a period, semicolon, or colon, but excluding headings and captions, shall be counted as a sentence.
    (C) The following shall not be counted in computations described in this subsection:
      (i) The company name and address.
      (ii) The policy name, number, or title.
      (iii) The table of contents and index.
      (iv) The captions and subchapters.
      (v) The specification pages, schedules, or tables.
      (vi) Policy language drafted to conform to law or a collectively bargained agreement.
      (vii) Policy language which is medical terminology or defined in the policy.
    (D) The company shall identify the language exempted under subparagraph (C) of this paragraph and certify, in writing, that the language should be exempted under subparagraph (C) of this paragraph.
(c) Any other reading test may be approved by the Commissioner as an alternative to the Flesch reading ease test if the alternative is comparable to the Flesch reading ease test.
(d) (1) Filings of forms shall be accompanied by a certificate signed by an officer of the company and stating that the form scored successfully on the test or that the score was inadequate but should be approved under § 31-4726 .
  (2) The Commissioner may require the submission of information to verify the certification described in paragraph (1) of this subsection.
(e) At the option of the company, riders, endorsements, applications, and other forms made part of the policy form may be scored separately or as part of the policy.
(f) (1) A form complying with subsection (a) of this section shall be approved if the form protects policyholders and claimants at least as favorably as laws which otherwise would invalidate the use of the forms.
  (2) A policy written in a language other than English and used in the District of Columbia shall be considered in compliance with subsection (a)(1) of this section if the company certifies that the policy has been translated from a policy written in English and complying with subsection (a)(1) of this section.
D.C. Code § 31-5727 — DC Code / Title 31 / Chapter 57 / § 31-5727
§ 31-5727. Separation of fraternal and insurance activities — Existing contracts preserved; Congressional powers reserved.
Status: repealed

Repealed.
D.C. Code § 31-106.02e — DC Code / Title 31 / Chapter 1 / § 31-106.02e
§ 31-106.02e. Enforcement.
Status: in_force

(a) In addition to complying with the requirements of the New Student Loan Borrower Bill of Rights Amendment Act of 2024, passed on 2nd reading on September 17, 2024 (Enrolled version of Bill 25-37) ("act"), a student loan servicer shall comply with all applicable federal laws relating to student loan servicing, as from time to time amended, and the regulations promulgated pursuant to those federal laws.
(b) A violation of § 31-106.02a or § 31-106.02c is an unfair or deceptive trade practice pursuant to § 28-3904 .
(c) Any person who suffers damage as a result of the failure of a student loan servicer or private education lender to comply with §§ 31-106.02 , 31-106.02a , 31-106.02b , 31-106.02c , 31-106.02d , or 31-106.02e(a) may bring an action on their own behalf and on behalf of a similarly situated class of consumers against that student loan servicer or private education lender to recover or obtain:
  (1) Actual damages, but in no case shall the total award of damages be less than $500 per plaintiff, per violation;
  (2) An order enjoining the methods, acts, or practices;
  (3) Restitution of property;
  (4) Punitive damages;
  (5) Attorney's fees; or
  (6) Any other relief that the court considers proper.
(d) In addition to any other remedies provided by this section or otherwise provided by law, whenever it is proven by a preponderance of the evidence that a student loan servicer or private education lender has engaged in conduct that substantially interferes with a student borrower's right to an alternative payment arrangement, loan forgiveness, cancellation, or discharge, or any other financial benefit, as established under the terms of a student loan borrower's promissory note or under the Higher Education Act of 1965 (20 U.S.C. § 1070a et seq .), ("Higher Education Act"), as from time to time amended, and regulations promulgated pursuant to the Higher Education Act, the court shall award treble actual damages to the plaintiff, but in no case shall the award of damages be less than $1,500 per violation.
(e) The remedies provided in this section are not the exclusive remedies available to a student loan borrower or cosigner, nor must the student loan borrower exhaust any administrative remedies provided in this section or any other applicable law before proceeding pursuant to this section.
(f) The Attorney General may bring an action for any violation of §§ 31-106.02 , 31-106.02a , 31-106.02b , 31-106.02c , 31-106.02d , or 31-106.02e(a) under the authority granted in § 28-3909 .
(g) The Department shall share information on a quarterly basis related to the implementation, execution, and enforcement of §§ 31-106.02 , 31-106.02a , 31-106.02b , 31-106.02c , 31-106.02d , or 31-106.02e(a) with the Office of the Attorney General.
D.C. Code § 31-5809 — DC Code / Title 31 / Chapter 58 / § 31-5809
§ 31-5809. Violations of chapter — Civil remedies.
Status: repealed

Repealed.
D.C. Code § 31-3171.18 — DC Code / Title 31 / Chapter 31D / § 31-3171.18
§ 31-3171.18. Applicability.
Status: repealed

Repealed.
D.C. Code § 31-5724 — DC Code / Title 31 / Chapter 57 / § 31-5724
§ 31-5724. Separation of fraternal and insurance activities — Approval and certificates of Commissioner required.
Status: repealed

Repealed.
D.C. Code § 31-3931.02 — DC Code / Title 31 / Chapter 39A / § 31-3931.02
§ 31-3931.02. Authority to do business; prohibited activities.
Status: in_force

(a) A captive insurer may be organized and operated in any form of business organization authorized by the Commissioner and may, pursuant to this chapter, transact any insurance or annuity business.
(b) Notwithstanding subsection (a) of this section, a captive insurer shall not:
  (1) Directly provide personal motor vehicle or homeowners’ insurance coverage, or any component thereof;
  (2) Accept or cede reinsurance, except as otherwise provided in § 31-3931.08 ;
  (3) Insure any risks other than those of its parent and affiliated companies if it is a pure captive insurer;
  (4) Insure any risks other than those of the member organizations of its association and the affiliated companies of the member organizations if it is an association captive insurer;
  (5) Insure any risks other than those of the policies that are placed by or through the insurance agency or brokerage that owns the captive insurer if it is an agency captive insurer;
  (6) Insure any risks other than those of the policyholders or associations that have entered into agreements with the rental captive insurer for the insurance of those risks if it is a rental captive insurer, and shall use a form approved by the Commissioner for these agreements;
  (7) Provide excess workers’ compensation insurance to its parent and affiliated companies if the transaction is prohibited by the laws of the state in which the insurance is transacted;
  (8) Reinsure workers’ compensation insurance provided pursuant to a program of self-funded insurance of its parent and affiliated companies unless:
    (A) The parent or affiliated company which is providing the self-funded insurance is certified as a self-insured employer by the Commissioner, if the insurance is being transacted in the District; or
    (B) The program of self-funded insurance is otherwise qualified pursuant to, or in compliance with, the laws of the state in which the insurance is transacted; or
  (9) Write insurance or reinsurance for employee benefits that are subject to the provisions of the provisions of the Employee Retirement Income Security Act of 1974, approved September 2, 1974 (88 Stat. 832; 29 U.S.C. § 1001 et seq.), for any entity except its parent and affiliated companies.
(c) Notwithstanding subsections (a) and (b) of this section, the Commissioner may authorize a captive insurer that is otherwise qualified to conduct business in the District to engage in any activity in any form permitted by a captive insurer in any other jurisdiction.
(d) A captive insurer shall file with the Commissioner a written request to engage in any activity under subsection (c) of this section. The Commissioner shall approve the request within 30 days after receiving the request, unless the Commissioner determines that the activity will be harmful to the captive insurer’s policyholders.
(e) For the purposes of this chapter, a branch captive insurer shall be deemed to be a pure captive insurer with respect to operations in the District, unless otherwise permitted by the Commissioner.
D.C. Code § 31-338 — DC Code / Title 31 / Chapter 3A / § 31-338
§ 31-338. Rulemaking.
Status: in_force

The Commissioner may, in accordance with Chapter 5 of Title 2 , issue rules to implement the provisions of this chapter .
D.C. Code § 31-4111 — DC Code / Title 31 / Chapter 41 / § 31-4111
§ 31-4111. Duty of agents or brokers to obtain license.
Status: in_force

(a) No person, firm, association, or corporation shall act or aid in any manner in soliciting, negotiating, or procuring liability insurance in the District from a risk retention group unless the person, firm, association, or corporation is licensed as an insurance agent or broker in accordance with the District of Columbia insurance licensing laws.
(b) (1) No person, firm, association, or corporation shall act or aid in any manner in soliciting, negotiating, or procuring liability insurance in the District for a purchasing group from an authorized insurer or a risk retention group chartered in a state unless the person, firm, association, or corporation is licensed as an insurance agent or broker in accordance with the District of Columbia insurance licensing laws.
  (2) No person, firm, association, or corporation shall act or aid in any manner in soliciting, negotiating, or procuring liability insurance coverage in the District for any member of a purchasing group under a purchasing group’s policy unless the person, firm, association, or corporation is licensed as an insurance agent or broker in accordance with the District of Columbia insurance licensing laws.
  (3) No person, firm, association, or corporation shall act or aid in any manner in soliciting, negotiating, or procuring liability insurance from an insurer not authorized to do business in the District on behalf of a purchasing group located in this state unless the person, firm, association, or corporation is licensed as a surplus lines agent or excess line broker in accordance with the District of Columbia insurance licensing laws.
(c) For purposes of acting as an agent or broker for a risk retention or purchasing group pursuant to subsections (a) and (b) of this section, the requirement of residence in the District shall not apply.
(d) Every person, firm, association, or corporation licensed pursuant to the provisions of Chapter 28 of Title 47 , on business placed with risk retention groups or written through a purchasing group, shall inform each prospective insured of the provisions of the notice required by § 31-4108(b) in the case of a risk retention group and § 31-4107(c) in the case of a purchasing group.
D.C. Code § 31-3875.09 — DC Code / Title 31 / Chapter 38F / § 31-3875.09
§ 31-3875.09. Data transparency.
Status: in_force

(a) (1) Beginning January 1, 2025, a utilization review entity shall make available on its website, or by phone upon request, to an enrollee, representative, and health care provider, the information required by paragraph (2) of this subsection regarding the enrollee's active prior authorization requests made to that utilization review entity in at least the preceding 5 years; provided that, this paragraph shall not apply to a prior authorization request made before January 17, 2024.
  (2) The following information shall be made available to an enrollee:
    (A) A copy of all information or materials submitted by the enrollee's health care provider in support of a request for approval or reauthorization, or an appeal from an adverse determination, which shall clearly show the date the information or materials were submitted, the health care service prescribed by the health care provider, and the reason, if any, provided by the health care provider in requesting the health care service; and
    (B) A copy of all notices of determination provided to the enrollee issued pursuant to § 31-3875.03 .
(b) Beginning January 1, 2025, a utilization review entity shall make publicly available on its website in a readily accessible format statistics regarding approvals, adverse determinations, and appeals, including information on the:
  (1) Specialties of physicians reviewing prior authorization requests or appeals;
  (2) Types of medication, tests, procedures, or treatment in which approval was being sought;
  (3) Medical indication offered in each request;
  (4) Reasons for an adverse determination;
  (5) Number of appeals taken;
  (6) Number of appeals approved or denied;
  (7) Time between submission of a request and the utilization review entity's determination; and
  (8) Time between submission of an appeal and the utilization review entity's determination.
(c) For the purposes of this section, the term "utilization review entity" shall not include an individual or entity that performs prior authorization review for a health benefits plan provided through Medicaid or the DC HealthCare Alliance.
D.C. Code § 31-5607.07 — DC Code / Title 31 / Chapter 56 / § 31-5607.07
§ 31-5607.07. Administrative files and records.
Status: in_force

(a) The Commissioner shall keep one or more registers of all applications for licensing and registration under this chapter, all notice filings, licenses and registration statements that become effective under this chapter, all disciplinary and enforcement orders issued and reports of investigation made under this chapter, all declaratory orders and rulings issued under this chapter, and all other orders issued under this chapter.
(b) The Commissioner shall retain:
  (1) All licenses and related applications and all registration statements and notice filings currently effective or that have been effective within the last 5 years;
  (2) All licenses and related applications and all registration statements that have been denied, suspended, or revoked within the last 5 years and the order of suspension, denial, or revocation;
  (3) All investigatory files under this chapter that are open or that have been closed within the last 5 years and any disciplinary or closure orders pertaining to the files;
  (4) The transcript or record of all administrative hearings held during the last 5 years; and
  (5) All other orders of the Commissioner entered under this chapter.
(c) All records required to be maintained pursuant to subsections (a) and (b) of this section may be maintained in any form of data storage. Upon request, the Commissioner shall certify under the seal of the Department a copy as being a true and correct copy of the records maintained by the Department. The Commissioner may, by rule, establish reasonable charges for furnishing or certifying copies. In an investigation or proceeding, a copy so certified shall be prima facie evidence of the contents of the records certified.
D.C. Code § 31-2602.01 — DC Code / Title 31 / Chapter 26 / § 31-2602.01
§ 31-2602.01. Definitions.
Status: repealed

Repealed.
D.C. Code § 31-5604.04 — DC Code / Title 31 / Chapter 56 / § 31-5604.04
§ 31-5604.04. Revocation of exemptions.
Status: in_force

(a) The Commissioner may, by order, deny or revoke an exemption specified in § 31-5604.01(7) , (8), (10) or (12) or in § 31-5604.02 for any security or transaction.
(b) An order issued under this section shall not be retroactive. A person shall not violate § 31-5603.01 , § 31-5603.07 , or § 31-5604.05 by reason of an offer to sell or sale effected after the entry of an order under this section if the person did not know and, in the exercise of reasonable care could not have known, of the order.
D.C. Code § 31-2601.01 — DC Code / Title 31 / Chapter 26 / § 31-2601.01
§ 31-2601.01. Kinds of insurance prohibited.
Status: in_force

No insurance shall be made by any person or persons, bodies politic or corporate, on any ship or ships, or on any goods, merchandise, or effects laden or to be laden on board of any ship or ships, interest or no interest, or without further proof of interest than the policy, or by way of gaming or wagering or without benefit of salvage to the insurer; and every such insurance shall be null and void to all intents and purposes.
D.C. Code § 31-3408.01 — DC Code / Title 31 / Chapter 34 / § 31-3408.01
§ 31-3408.01. Compliance with other laws.
Status: in_force

Health maintenance organizations shall comply with the following laws:
(1) Chapter 3 of this title ;
(2) Chapter 19 of this title ;
(3) Chapter 14 of this title ;
(4) Subchapter I of Chapter 7 of this title ;
(5) Chapter 21 of this title ; and
(6) The Reasonable Health Insurance Ratemaking Reform Act of 2010 [Chapters 30A, 31C, and 33A of this title].
D.C. Code § 31-2409 — DC Code / Title 31 / Chapter 24 / § 31-2409
§ 31-2409. Consumer protection.
Status: in_force

(a) Grounds for cancellation of policy. — No insurer shall cancel a policy except:
  (1) For refusal or failure of the insured to pay a premium due under the terms of the policy of motor vehicle insurance;
  (2) Where the motor vehicle registration certificate of the insured has been suspended or revoked during the period of the policy of motor vehicle insurance; or
  (3) Where the license of an insured has been suspended or revoked during the period of a policy of motor vehicle insurance, the insurance shall not provide coverage for such insured during the period of suspension or revocation.
(b) Notice required of cancellation of or refusal to renew policy. — (1) No cancellation or refusal to renew by an insurer of a policy of motor vehicle insurance shall be effective unless the insurer has delivered or mailed to the named insured, at his or her last known address, a written notice of intent to cancel or refusal to renew. The required notice shall be provided to the named insured at least 30 days prior to the effective date of cancellation, or in the case of nonrenewal, 30 days prior to the end of the policy period. The notice shall contain a statement:
    (A) Of the specific reasons relied upon by the insurer as the basis of cancellation or refusal to renew;
    (B) Advising the named insured of his or her right to request, in writing, within 15 days of receipt of the notice, that the Commissioner review the action of the insurer in cancelling or refusing to renew the policy of the insured;
    (C) Advising the insured of the possible availability of other insurance which may be obtained through his or her agent, through another insurer, or through the District of Columbia Automobile Insurance Plan; and
    (D) That the motor vehicle registration or reciprocity sticker of the vehicle shall be suspended or revoked for failure to maintain required insurance.
  (2) (A) Or, in the case of a refusal or failure of the insured to pay a premium due under the terms of the policy, the notice shall be provided to the insured not less than 15 days prior to the effective date of the cancellation, or in the event of a cancellation or nonrenewal for refusal or failure or an insured to pay a premium due under the terms of the policy, within 15 days of receipt of the notice.
    (B) The provisions of subparagraph (A) of this paragraph may take effect when the Director of the Department of Motor Vehicles certifies, as published in the District of Columbia Register, that the automated systems and procedures of the Department reasonably permits implementation of this change, but not later than October 1, 2002. Insurance companies shall file with the Commissioner by June 30, 2004, a report on the industry-wide economic impact, if any, of this section on the insurance premium downpayment for purchasing automobile coverage to residents of the District of Columbia with a goal of contributing to an overall reduction in the premium downpayment of 10% from the date of the implementation of subsection (b) of this section. The Commissioner shall issue a report to the Council on the overall industry reduction in the insurance premium payment on or before September 1, 2004. In the event the industry-wide insurance premium downpayment reduction is less than 10%, the report shall state the reasons why the decrease is less than the goal.
(c) Proof of mailing notice. — Proof of mailing of the notice of cancellation, or of intention not to renew, to the named insured by post office receipt secured or certified mail at the address shown in the policy or to the named insured’s last known address, shall be sufficient proof of notice.
(d) Consequences of failure to provide required notice. — Despite failure of the named insured to make timely payment of the renewal premium, failure by the insurer to provide the notice required by this section shall result in the insurer being required:
  (1) To provide coverage for any claim which would have been covered under the policy, if a claim arises within 45 days after the date within which the named insured discovers or should have discovered that his or her policy has not been renewed; and
  (2) To renew the policy upon tender of payment; provided, that tender is made within 15 days after the date the named insured discovers, or should have discovered, that his or her policy has not been renewed.
(e) Prohibited discrimination. — No insurer, other than a self-insurer, shall fail or refuse to issue a policy of motor vehicle insurance to an applicant, fail or refuse to renew a policy of motor vehicle insurance, or cancel a policy of motor vehicle insurance for any reason provided in Unit A of Chapter 14 of Title 2 .
(f) Prohibited inquiries concerning prior cancellation or nonrenewals. — No applicant for a policy of motor vehicle insurance, as a condition precedent to obtaining a policy or renewing a policy, shall be required to disclose whether he, she, or any person reasonably expected to operate the applicant’s motor vehicle has ever had an insurance policy cancelled or nonrenewed; provided, however, that at the time of application an applicant may be required to disclose his or her experience as an operator of a motor vehicle for a past period of not more than 3 years, and that of any person reasonably expected to operate the motor vehicle.
(g) Refusal to accept brokerage business. — An insurer or agent that accepts brokerage business and rejects the business of a broker shall provide the Mayor and the broker, upon the request of the broker, the reasons in writing for such rejection.
(h) Policies in effect less than 60 days. — The restrictions on cancellation contained in this section shall not be effective with respect to any policy which shall have been in force for 60 days or less if the policy is not a renewal policy.
(i) Appeal procedure. — (1) (A) If the insured disputes the validity of a purported cancellation or nonrenewal, the insured may send, within 15 days of receipt of the notice of intent to cancel or not to renew, written notification to the Commissioner of the reasons the insured believes the action by the insurer is invalid. The Commissioner shall, upon receipt, immediately send the insurer a copy of the notification; or
    (B) In the event of a cancellation or nonrenewal for refusal or failure of an insured to pay a premium due under the terms of the policy, within 15 days of receipt of the notice of intent to cancel or not to renew.
    (C) The provisions of subparagraph (A) of this paragraph may take effect when the Director of the Department of Motor Vehicles certifies, as published in the District of Columbia Register, that the automated systems and procedures of the Department reasonably permits implementation of this change, but not later than October 1, 2002. Insurance companies shall file with the Commissioner by June 30, 2004, a report on the industry-wide economic impact, if any, of this section on the insurance premium downpayment for purchasing automobile coverage to residents of the District of Columbia with a goal of contributing to an overall reduction in the premium downpayment of 10% from the date of the implementation of subsection (b) of this section. The Commissioner shall issue a report to the Council on the overall industry reduction in the insurance premium payment on or before September 1, 2004. In the event the industry-wide insurance premium downpayment reduction is less than 10%, the report shall state the reasons why the decrease is less than the goal.
  (2) Unless the matter referred to in paragraph (1) of this subsection has been settled, the Commissioner shall determine, within 45 days calendar days, whether the cancellation or nonrenewal was authorized under the terms of this section and shall notify immediately the insured and the insurer in writing of the decision.
  (3) If the Commissioner determines that a policy was improperly cancelled or not renewed, the policy in question shall be considered to be in effect and to have been in effect from the period of notification of cancellation or nonrenewal. If the Commissioner determines that a policy was properly cancelled or not renewed, the policy in question shall be considered to be cancelled or not renewed as of the cancellation or nonrenewal date given in the notice sent by the insurer pursuant to this section or as of the date of determination by the Commissioner, whichever is later. The insured shall pay any portion of the required premium or cost to the insurer for the insurance coverage in effect and provided by the insurer for which the insured has not paid.
  (4) Decisions of the Commissioner shall be appealable pursuant to subchapter I of Chapter 5 of Title 2 .
(j) Immunity. — There shall be no liability on the part of and no cause of action of any nature shall arise against any employee of the District government, any insurer, its authorized representatives, its agents, its employees, or any firm, person, or corporation who, in good faith:
  (1) Furnishes to the named insured information as to reasons for cancellation or nonrenewal;
  (2) Makes any statement in any written notice of cancellation or renewal;
  (3) Makes any other communication, oral or written, specifying the reasons for cancellation or nonrenewal;
  (4) Provides information pertaining to the insured; or
  (5) Makes statements or submits evidence at any hearing conducted in connection therewith.
An insurer may request the disclosure for a period exceeding 3 years for the sole purpose of providing a discount on the premium or cost of the motor vehicle insurance at the request of the insured.
(k) Other rights. — The rights provided by this chapter shall be in addition to and shall not prejudice any other rights the named insured may have at common law or otherwise.
(l) Terms more favorable; prohibition of waiving rights. — A policy may provide terms more favorable to named insureds than are required by this chapter, but no policy shall contain any provisions which waives any of the requirements of this chapter.
(m) Consumer’s right to information. — A copy of the provisions of this section shall be provided, in writing, by the insurer to the named insured at the time of the initial purchase of insurance, or in the case of insurance renewal, provided, in writing, to the named insured by the insurer at the time of the 1st renewal after September 18, 1982.
(n) Nondiscrimination against persons not previously insured. — No insurer shall refuse to insure, refuse to continue to insure, limit coverage available to, or charge a disadvantageous rate to any person seeking to obtain insurance required by this chapter because that person had not been previously insured. This provision shall not apply if the applicant was required by law to maintain automobile insurance coverage and failed to do so. An insurer may require reasonable proof that the applicant did not fail to maintain this coverage. The insurer is not required to accept the mere lack of a conviction or citation for failure to maintain this coverage as proof of maintenance of coverage.
(o) Insurer to provide settlement. — Each insurer shall, at the time of renewal or denial of a motor vehicle insurance policy, provide to an applicant a statement which provides the following information:
  (1) If requested by the policyholder, the cost of the minimum package of insurance required by this chapter; and
  (2) In the case of a denial, specific reasons for the denial.
D.C. Code § 31-6010 — DC Code / Title 31 / Chapter 60 / § 31-6010
§ 31-6010. Nonduplication of recovery.
Status: repealed

Repealed.
D.C. Code § 31-914 — DC Code / Title 31 / Chapter 9 / § 31-914
§ 31-914. Failure to give notice.
Status: in_force

If the mutual company complies substantially and in good faith with the notice requirements of this chapter, the mutual company’s failure to give any member or members any required notice does not impair the validity of any action taken under this chapter.
D.C. Code § 31-3428 — DC Code / Title 31 / Chapter 34 / § 31-3428
§ 31-3428. Coordination of benefits.
Status: repealed

Repealed.
D.C. Code § 31-1131.15 — DC Code / Title 31 / Chapter 11A / § 31-1131.15
§ 31-1131.15. Notification to Commissioner of termination.
Status: in_force

(a) An insurer, or authorized representative of the insurer, that terminates the appointment, employment, contract, or other insurance business relationship with an insurance producer shall notify the Commissioner within 30 days after the effective date of the termination, on a form prescribed by the Commissioner, if the reason for termination is set forth in § 31-1131.12 or the insurer has knowledge that the producer was found by a court, government body, or self-regulatory organization authorized by law to have engaged in any of the activities in set forth in § 31-1131.12 . Upon the written request of the Commissioner, the insurer shall provide additional information, documents, records, or other data pertaining to the termination or activity of the insurance producer.
(b) An insurer, or authorized representative of the insurer, that terminates the appointment, employment, or contract with an insurance producer for any reason not set forth in § 31-1131.12 , shall notify the Commissioner within 30 days after the effective date of the termination on a form prescribed by the Commissioner. Upon written request of the Commissioner, the insurer shall provide additional information, documents, records, or other data pertaining to the termination.
(c) The insurer, or the authorized representative of the insurer, shall promptly notify the Commissioner, on a form prescribed by the Commissioner, if, upon further review or investigation, the insurer discovers additional information that would have been reported to the Commissioner in accordance with subsection (a) of this section.
(d) (1) Within 15 days after making the notification required by subsections (a), (b), and (c) of this section, the insurer shall mail a copy of the notification to the insurance producer at his or her last known address. If the insurance producer is terminated for cause for any of the reasons set forth in § 31-1131.12 , the insurer shall provide a copy of the notification to the producer at his or her last known address by certified mail, return receipt requested, postage prepaid or by overnight delivery using a nationally recognized carrier.
  (2) Within 30 days after the insurance producer has received the original or additional notification, the insurance producer may file written comments concerning the substance of the notification with the Commissioner. The insurance producer shall, by the same means, simultaneously send a copy of the comments to the reporting insurer. The comments shall become a part of the Commissioner’s file and accompany every copy of a report distributed or disclosed for any reason about the insurance producer as permitted under subsection (f) of this section.
(e) (1) In the absence of actual malice, an insurer, the authorized representative of the insurer, an insurance producer, the Commissioner, an organization of which the Commissioner is a member and that compiles the information and makes it available to other insurance commissioners or regulatory or law enforcement agencies, or their agents or employees shall not be subject to civil liability as a result of:
    (A) A statement or information required by or provided under this section or any information relating to any statement that may be requested in writing by the Commissioner from an insurer or an insurance producer; or
    (B) A statement by a terminating insurer or insurance producer to an insurer or insurance producer limited solely and exclusively to whether a termination for cause under subsection (a) of this section was reported to the Commissioner; provided, that the propriety of a termination for cause under subsection (a) of this section is certified in writing by an officer or authorized representative of the insurer or insurance producer terminating the relationship.
  (2) In an action brought against a person that may have immunity under paragraph (1) of this section for making any statement required by this section or providing any information relating to any statement that may be requested by the Commissioner, the party bringing the action shall prove actual malice with particularity.
  (3) Paragraph (1) or (2) of this section shall not abrogate or modify any existing statutory or common law privileges or immunities.
(f) (1) Any documents, materials, or other information in the control or possession of the Department of Insurance, Securities, and Banking that is furnished by an insurer, an insurance producer, or an employee or agent thereof acting on behalf of the insurer or producer or obtained by the Commissioner in an investigation pursuant to this section shall be confidential and privileged, shall not be subject to subchapter II of Chapter 5 of Title 2 , shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in a private civil action; provided, that the Commissioner may use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the Commissioner’s duties.
  (2) The Commissioner or any person who received documents, materials, or other information while acting under the authority of the Commissioner shall not testify in a private civil action concerning any confidential documents, materials, or information subject to paragraph (1) of this section.
  (3) To assist in the performance of the Commissioner’s duties under this chapter, the Commissioner:
    (A) May share documents, materials, or other information, including the confidential and privileged documents, materials, or information subject to paragraph (1) of this subsection, with other state, federal, and international regulatory agencies, with the NAIC, its affiliates, or subsidiaries, or with state, federal, and international law enforcement authorities; provided, that the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information;
    (B) May receive documents, materials, or information, including otherwise confidential and privileged documents, materials, or information, from the NAIC, its affiliates, or subsidiaries or from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information; and
    (C) May enter into agreements governing sharing and use of information consistent with this subsection.
  (4) No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the Commissioner under this section or as a result of sharing as authorized in paragraph (3) of this subsection.
  (5) This chapter shall not prohibit the Commissioner from releasing final, adjudicated actions, including terminations for cause that are open to public inspection under subchapter II of Chapter 5 of Title 2 to a database or other clearinghouse service maintained by the NAIC, its affiliates, or subsidiaries.
(g) An insurer, the authorized representative of the insurer, or producer that fails to report as required under the provisions of this section or that is found to have reported with actual malice by a court of competent jurisdiction may, after notice and hearing, have its license or certificate of authority suspended or revoked and may be fined in accordance with § 31-1131.12(d) .
D.C. Code § 31-5713 — DC Code / Title 31 / Chapter 57 / § 31-5713
§ 31-5713. Fraudulent representations.
Status: repealed

Repealed.
D.C. Code § 31-1131.05 — DC Code / Title 31 / Chapter 11A / § 31-1131.05
§ 31-1131.05. Examination prior to licensure.
Status: in_force

(a) An individual applying for a resident insurance producer license shall pass a written examination unless the individual is:
  (1) Applying for a limited lines insurance producer license or a license in the surplus lines line of authority; or
  (2) Exempt from examination under § 31-1131.05b or § 31-1131.09 .
(a-1) The examination required by subsection (a) of this section shall test the knowledge of the individual concerning the lines of authority for which application is made, the duties and responsibilities of an insurance producer, and the insurance laws and regulations of the District.
(b) The Commissioner may make arrangements, including contracting with an outside testing service, for administering examinations and collecting a nonrefundable fee for the examination.
(c) Each individual applying for an examination shall remit a nonrefundable fee for the examination as prescribed by the Commissioner.
(d) An individual who fails to appear for the examination as scheduled or fails to pass the examination may reapply for an examination. The individual shall remit all required fees and forms before being rescheduled for another examination.
D.C. Code § 31-5031.22 — DC Code / Title 31 / Chapter 50A / § 31-5031.22
§ 31-5031.22. Violations of Real Estate Settlement Procedures Act (“RESPA”).
Status: in_force

The Commissioner or Attorney General may bring an action in a court of competent jurisdiction to enjoin or seek remedies for violations of the Real Estate Settlement Procedures Act of 1974, approved December 23, 1974 (88 Stat. 1724; 12 U.S.C. § 2601   et seq.).
D.C. Code § 31-208 — DC Code / Title 31 / Chapter 2 / § 31-208
§ 31-208. Capital requirements of companies or associations.
Status: in_force

It shall be the duty of the said Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking] to ascertain whether the capital required by law or the charter of each insurance company or association organized under the laws of the District of Columbia has been actually paid up in cash and is held by its board of directors subject to their control, according to the provisions of their charter, or has been invested in property worth not less than the full amount of the capital stock required by its charter; or, if a mutual company, that it has received and is in actual possession of securities, as the case may be, to the full extent of the value required by its charter; and the president and secretary of such company or association shall make a declaration under oath to said Commissioner, who is hereby empowered to administer oaths when hereby required, that the tangible assets exhibited to him represent bona fide the property of the company or association, which sworn declaration shall be filed and preserved in the office of said Commissioner; and any such officer swearing falsely in regard to any of the provisions hereof shall be deemed guilty of perjury and shall be subject to all the penalties prescribed by law in the District of Columbia for that crime.
D.C. Code § 31-2502.14 — DC Code / Title 31 / Chapter 25 / § 31-2502.14
§ 31-2502.14. Applicability of provisions to existing companies.
Status: in_force

No company shall be exempt from the provisions of this chapter by reason of its having been incorporated in the District or elsewhere prior to the effective date of this chapter, except that, in the case of companies authorized in the District on October 9, 1940, and continuously thereafter without any increase of authority, the minimum capital and surplus required of a stock company, and the minimum surplus required of a mutual or reciprocal company, or of a Lloyd’s organization, by the laws of the District heretofore applicable shall not be increased by this chapter, and provided also that in the case of such continuously authorized companies the provisions of § 31-2502.24 relating to the names of companies, and the provisions of § 31-2502.25 relating to the amount of surplus necessary to the issuance of policies having no provision for contingent liability, shall not be applicable.
D.C. Code § 31-2231.08 — DC Code / Title 31 / Chapter 22A / § 31-2231.08
§ 31-2231.08. False statements and entries.
Status: in_force

(a) No person shall knowingly file with an insurance regulatory or other public official, knowingly make, publish, disseminate, circulate, or deliver to a person, or place before the public, or knowingly cause directly or indirectly to be made, published, disseminated, circulated, delivered to a person, or placed before the public, a false material statement of fact as to the financial condition of an insurer.
(b) No person shall knowingly:
  (1) Make a false entry of a material fact in a book, report, or statement of an insurer;
  (2) With intent to deceive an agent of the Commissioner lawfully appointed to examine the insurer’s condition or any of its affairs, fail to make a true entry of any material fact pertaining to the business of an insurer in a book, report, or statement of the insurer; or
  (3) Make a false material statement to an insurance department official.
D.C. Code § 31-1809 — DC Code / Title 31 / Chapter 18 / § 31-1809
§ 31-1809. Examination authority.
Status: in_force

(a) A reinsurance intermediary shall be subject to examination by the Mayor. The Mayor shall have access to all books, bank accounts, and records of the reinsurance intermediary in a form usable to the Mayor.
(b) A reinsurance manager may be examined as if it were the reinsurer.
D.C. Code § 31-907 — DC Code / Title 31 / Chapter 9 / § 31-907
§ 31-907. Optional provisions in a plan of conversion.
Status: in_force

(a) The following provisions may be included in the plan:
  (1) The plan may provide that the directors and officers of the mutual company shall receive, without payment, nontransferable subscription rights to purchase capital stock of the converted stock company or the stock of another corporation that is participating in the conversion plan as provided in § 31-906(e) . Those subscription rights shall be allocated among the directors and officers by a fair and equitable formula.
  (2) The total number of shares that may be purchased under subsection (a)(1) of this section may not exceed 85% of the total number of shares to be issued in the case of a mutual company with total assets of less than $50 million, or 25% of the total shares to be issued in the case of a mutual company with total assets or more than $500 million. For mutual companies with total assets between $50 million and $500 million, the total number of shares that may be purchased shall be interpolated.
  (3) Stock purchased by a director or officer under subsection (a)(1) of this section shall not be sold within one year following the effective date of the conversion.
  (4) The plan may also provide that a director or officer or person acting in concert with a director or officer of the mutual company may not acquire any capital stock of the converted stock company for 3 years after the effective date of the plan, except through a broker or dealer, without the permission of the Commissioner. That provision may not apply to prohibit the directors and officers from purchasing stock through subscription rights received in the plan under subsection (a)(1) of this section.
(b) The plan may allocate to a tax-qualified employee benefit plan nontransferable subscription rights to purchase up to 10% of the capital stock of the converted stock company, or the stock of another corporation that is participating in the conversion plan as provided in § 31-906(e) and (l). The employee benefit plan shall be entitled to exercise its subscription rights regardless of the amount of shares purchased by other persons.
D.C. Code § 31-3931.20 — DC Code / Title 31 / Chapter 39A / § 31-3931.20
§ 31-3931.20. Judicial review; mandamus.
Status: in_force

(a) Any captive insurer aggrieved by any act, determination, rule, regulation, order, or any other action taken by Commissioner pursuant to this chapter, and which was the subject of a contested case, may appeal to the District of Columbia Court of Appeals, in accordance with § 2-510 .
(b) The filing of an appeal pursuant to this section shall not stay the application of any rule, regulation, order, or other action of the Commissioner to the appealing party unless the court, after giving the appealing party notice and an opportunity to be heard, determines that failure to grant the stay would be detrimental to the interest of policyholders, shareholders, creditors, or the public.
(c) Any captive insurer aggrieved by any failure of the Commissioner to act or make a determination required by this chapter may petition the Superior Court of the District of Columbia for a writ in the nature of a mandamus or a peremptory mandamus directing the Commissioner to act or make such determination forthwith.
D.C. Code § 31-3402 — DC Code / Title 31 / Chapter 34 / § 31-3402
§ 31-3402. Establishment of health maintenance organizations.
Status: in_force

(a) Any person may apply to the Commissioner for a certificate of authority to establish and operate a health maintenance organization in compliance with this chapter. No person shall establish or operate a health maintenance organization in the District without obtaining a certificate of authority under this chapter, except as provided for herein. Any person who shall establish and operate a health maintenance organization without obtaining a certificate of authority shall be prohibited from receiving a certificate of authority to do business as a health maintenance organization for a period not to exceed 5 years as determined by the Commissioner. All health maintenance organizations shall, as a condition of certification, agree to accept the risk for the provision of services rendered to enrollees on a prepaid basis except for enrollee responsibility for copayments or deductibles, or both.
(b) A foreign corporation may qualify under this chapter subject to its registration to do business pursuant to this section and compliance with all provisions of this chapter and other applicable District laws.
(c) All health maintenance organizations operating as health maintenance organizations in the District shall submit an application for a certificate of authority under subsection (d) of this section within 120 days after April 9, 1997. Each applicant may continue to operate until the Commissioner acts upon the application. In the event that an application is denied pursuant to § 31-3403 , the applicant shall thereafter be treated as a health maintenance organization whose certificate of authority has been revoked. Notwithstanding a revocation under this chapter, any contracts issued to groups or individuals residing in the District shall remain in effect with respect to a health maintenance organization which has a valid certificate of authority issued by the Maryland Insurance Division or Virginia Bureau of Insurance until the next renewal date or anniversary date of coverage of such contracts, or 120 days from the date the application is denied, whichever date shall occur later.
(d) Each application for a certificate of authority shall be accompanied by a filing fee of $500, which shall be deposited in the Insurance Regulatory Trust Fund established by § 31-1202 , and shall be verified by an officer or authorized representative of the applicant, shall be in a form prescribed by the Commissioner, and shall set forth or be accompanied by the following:
  (1) A copy of the organizational documents of the applicant, such as the articles of incorporation, articles of association, partnership agreement, trust agreement, or other applicable documents, and all amendments thereto;
  (2) A copy of the bylaws, rules and regulations, or similar document, if any, regulating the conduct of the internal affairs of the applicant;
  (3) A list of the names, addresses, and official positions and biographical information, on forms acceptable to the Commissioner, of the persons who are to be responsible for the conduct of the affairs and day-to-day operations of the applicant, including all members of the board of directors, board of trustees, executive committee, or other governing board or committee, and the principal officers in the case of a corporation, or the partners or members in the case of partnership or association;
  (4) A sample of any contract form made, or to be made, between any class of providers and the health maintenance organization and a copy of any contract form made, or to be made, between third party administrators, marketing consultants, or persons listed in paragraph (3) of this subsection and the health maintenance organization;
  (5) A copy of the form of evidence of coverage to be issued to the enrollees;
  (6) A copy of the form of group contract, if any, which is to be issued to employers, unions, trustees, or other organizations;
  (7) Financial statements showing the applicant’s assets, liabilities, and sources of financial support, including both a copy of the applicant’s most recent certified financial statement and an unaudited current financial statement;
  (8) (A) A financial feasibility plan which includes detailed enrollment projections, the methodology for determining dues to be charged during the first 12 months of operations certified by an actuary, a projection of balance sheets, cash flow statements showing any capital expenditures, purchase and sale of investments and deposits with the District, and income and expense statements anticipated from the start of operations until the organization has had net income for at least 1 year, and a statement as to the sources of working capital as well as any other sources of funding.
    (B) The requirement of submitting a financial feasibility plan shall not apply to any person that holds an unencumbered certificate of authority to operate a health maintenance organization in Maryland or Virginia.
  (9) A power of attorney duly executed by the applicant, if not domiciled in the District, appointing the Commissioner, or his or her successors in office, and duly authorized deputies, as the true and lawful attorney of the applicant in and for the District upon whom all lawful process in any legal action or proceeding against the health maintenance organization on a cause of action arising in the District may be served;
  (10) A statement or map reasonably describing the geographical area or areas to be served;
  (11) A description of the internal grievance procedures to be utilized for the investigation and resolution of enrollee complaints and grievances;
  (12) A description of the proposed quality assurance program, including the formal organizational structure, methods for developing criteria, procedures for comprehensive evaluation of the quality of care rendered to enrollees, and processes to initiate corrective action and reevaluation when deficiencies in provider or organizational performance are identified;
  (13) A description of the procedures to be implemented to meet the protection against insolvency requirements in § 31-3412 ;
  (14) A list of the names, addresses, and license numbers of all providers with which the health maintenance organization has agreements;
  (15) The method of determining the situs of each group contract; and
  (16) Such other information as the Commissioner may require to make the determinations required in § 31-3403 .
(e) (1) The Commissioner may issue rules and regulations necessary for the proper administration of this chapter to require a health maintenance organization, subsequent to receiving its certificate of authority, to submit the information, modification, or amendments to the items described in subsection (d) of this section to the Commissioner, either for the Commissioner’s approval or for information only, prior to the effectuation of the modification or amendment, or to require the health maintenance organization to indicate the modifications to the Commissioner at the time of the next succeeding site visit or examination.
  (2) Any modification or amendment for which the Commissioner’s approval is required shall be deemed approved unless disapproved within 30 days, provided that the Commissioner may postpone the action for such additional time, not to exceed 30 days, as necessary for proper consideration.
D.C. Code § 31-5603.07 — DC Code / Title 31 / Chapter 56 / § 31-5603.07
§ 31-5603.07. Denial, suspension, and revocation of registration.
Status: in_force

(a) The Commissioner may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, a registration statement if the Commissioner finds the order is in the public interest, and:
  (1) The registration statement as of its effective date (or any earlier date in the case of an order denying effectiveness), any amendment under § 31-5603.05(k) as of its effective date, or any report under § 31-5603.05(j) is incomplete in any material respect or contains any statement which was, in the light of the circumstances under which it was made, false or misleading with respect to any material fact;
  (2) This chapter or any rule, order, or condition lawfully imposed under this chapter has been willfully violated in connection with the offering by:
    (A) The person filing the registration statement;
    (B) The issuer, any partner, officer, or director of the issuer, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling or controlled by the issuer, but only if the person filing the registration statement is directly or indirectly controlled by or acting for the issuer; or
    (C) An underwriter;
  (3) The security registered, or sought to be registered, is the subject of an administrative stop order or similar order or a permanent or temporary injunction of a court of competent jurisdiction entered under a federal or state act applicable to the offering; provided, that the Commissioner shall not:
    (A) Institute a proceeding against an effective registration statement under this subsection more than one year from the date of the order or injunction relied on; and
    (B) Enter an order under this subsection on the basis of an order or injunction entered under the law of a state unless the order or injunction was based on facts which would constitute a basis for a stop order under this subsection;
  (4) The issuer’s enterprise or method of business includes, or would include, activities which are illegal where performed;
  (5) The offering has worked, or tended to work, a fraud upon purchasers or would so operate;
  (6) The offering has been, or would be made, with an unreasonable amount of underwriters’ and sellers’ discounts, commissions, or other compensation, or promoters’ profits or participation, or unreasonable amount or kind of options;
  (7) If a security is sought to be registered by notification, it is not eligible for such registration; or
  (8) If a security is sought to be registered by coordination, there has been a failure to comply with the undertaking required by § 31-5603.03(b)(4) .
(b) If an applicant or registrant has failed to pay the proper filing fee and the Commissioner finds that it is in the public interest, the Commissioner may enter a denial order for a registration statement and shall vacate the order when the deficiency has been corrected.
(c) The Commissioner shall not institute a stop order proceeding against an effective registration statement on the basis of a fact or transaction known to the Commissioner when the registration statement became effective unless the proceeding is instituted within 30 days after the registration statement became effective.
(d) The Commissioner may, by order, summarily postpone or suspend the effectiveness of the registration statement pending the final determination of a proceeding under this section. Upon the entry of the order, the Commissioner shall promptly notify each person specified in subsection (e) of this section that it has been entered, of the reasons therefor, and that, within 30 days after the receipt of a written request, the matter will be scheduled for hearing. If no hearing is requested and none is ordered by the Commissioner, the order will remain in effect until it is modified or vacated by the Commissioner. If a hearing is requested or ordered, the Commissioner, after notice of an opportunity for hearing to each person specified in subsection (e) of this section, may modify or vacate the order or extend it until final determination.
(e) No stop order may be entered under this section, except the first sentence of subsection (d) of this section, without:
  (1) Appropriate prior notice to the applicant or registrant, the issuer, and the person on whose behalf the securities are to be, or have been, offered;
  (2) Opportunity for a hearing; and
  (3) Written findings of fact and conclusions of law.
(f) The Commissioner may vacate or modify a stop order if he or she finds that the conditions which prompted its entry have changed or it is otherwise in the public interest to do so.
D.C. Code § 31-408 — DC Code / Title 31 / Chapter 4 / § 31-408
§ 31-408. Penalties.
Status: in_force

(a) (1) If the Mayor believes that the controlling producer or any other person has not materially complied with this chapter, or any regulation or order promulgated hereunder, after notice and opportunity to be heard, the Commissioner may order the controlling producer to cease placing business with the controlled insurer; and
  (2) If it was found that because of material noncompliance the controlled insurer or any policyholder has suffered any loss or damage, the Mayor may maintain a civil action or intervene in an action brought by or on behalf of the insurer or policyholder for recovery of compensatory damages for the benefit of the insurer or policyholder or for other appropriate relief.
(b) If an order for liquidation or rehabilitation of the controlled insurer has been entered pursuant to Chapter 13 of this title , and the receiver appointed under that order believes that the controlling producer, or any other person, has not materially complied with this chapter, or any regulation or order promulgated hereunder, and the insurer suffered any loss or damage therefrom, the receiver may maintain a civil action for recovery of damages or other appropriate sanctions for the benefit of the insurer.
(c) Nothing contained in this section shall affect the right of the Mayor to impose any other penalties provided under the insurance laws of the District of Columbia.
(d) Nothing contained in this section shall in any manner alter or affect the rights of policyholders, claimants, creditors, or other third parties.
D.C. Code § 31-3510 — DC Code / Title 31 / Chapter 35 / § 31-3510
§ 31-3510. Investments.
Status: in_force

Notwithstanding any provision of § 31-4435 [repealed], as made applicable by § 31-3503(8) , and notwithstanding any other provision of this chapter:
(1) Without the Mayor’s prior written consent, a corporation’s aggregate investments in real estate pursuant to § 31-4435(d)(1)(A) through (F) [repealed], shall not at any time exceed 20% of the amount of the corporation’s admitted assets as reported on the corporation’s annual financial statement most recently filed with the Mayor.
(2) A corporation’s investments in real estate pursuant to § 31-4435(d)(1)(A) through (F) [repealed], shall in no event exceed the actual cost plus the capitalized value (less normal depreciation) of the permanent improvements.
(3) For real estate owned by a corporation pursuant to § 31-4435(d)(1)(A) [repealed] on April 9, 1997, the corporation may, as its option, determine admitted asset value in accordance with an appraisal most recently conducted prior to April 9, 1997; provided, that the appraisal is acceptable to the Mayor. The difference between the admitted asset value as so identified and the book value (equal to the historical cost, less the value of encumbrances and accumulated depreciation) shall be accounted for as an unrealized gain and credited to reserves and unassigned funds and shall be amortized and charged to reserves and unassigned funds. Thereafter, such real estate shall be valued, for purposes of the financial statements required by § 31-1901 , at such appraised value, less accumulated amortization, plus the capitalized value of permanent improvements, less normal depreciation. Normal depreciation on the capitalized value of permanent improvements shall be charged as an expense in the underwriting and investment exhibit to the corporation’s annual financial statement.
(4) A corporation shall not invest in or otherwise acquire any affiliate or subsidiary, as those terms are defined in § 31-701 , except in accordance with the following:
  (A) The business of the affiliate or subsidiary must be directly related to the operation of the corporation or the administration of a health benefits program.
  (B) (i) The corporation must submit a statement of proposed action to the Mayor before the corporation:
      (I) Creates, invests in, or otherwise acquires any affiliate or subsidiary; or
      (II) Alters the legal structure, purpose, or ownership of the corporation or any affiliate or subsidiary of the corporation.
    (ii) The statement of proposed action required under this subparagraph shall be filed by the corporation not less than 30 days prior to the effective date of the proposed action.
    (iii) The statement of proposed action shall be deemed approved unless disapproved by the Mayor within the 30-day waiting period or any extension thereof requested by the corporation.
    (iv) The corporation shall not be required to submit a statement of proposed action to the Mayor under this subparagraph when the proposed action is required to be reported to the Mayor pursuant to Chapter 7 of this title .
D.C. Code § 31-1805 — DC Code / Title 31 / Chapter 18 / § 31-1805
§ 31-1805. Duties of insurers utilizing the services of a reinsurance intermediary-broker.
Status: in_force

(a) An insurer shall not engage the services of any person, firm, association, or corporation to act as a reinsurance broker on its behalf unless the person is licensed as required by § 31-1802(a) .
(b) An insurer may not employ an individual who is employed by a reinsurance broker with which it transacts business, unless the reinsurance broker is under common control with the insurer and subject to Chapter 7 of this title .
(c) The insurer shall annually obtain a copy of statements of the financial condition of each reinsurance broker with which it transacts business.
D.C. Code § 31-4404 — DC Code / Title 31 / Chapter 44 / § 31-4404
§ 31-4404. Formation — Authority to solicit stock subscriptions or insurance applications.
Status: in_force

No person shall solicit subscriptions for the capital stock of or applications for insurance in any such company in course of organization unless he has been duly authorized by the company and a certificate of his authority, duly signed by a principal officer of the company, has been filed with and approved by the Commissioner.
D.C. Code § 31-2502.13 — DC Code / Title 31 / Chapter 25 / § 31-2502.13
§ 31-2502.13. Minimum capital and surplus requirements.
Status: in_force

Every stock company authorized to do business in the District shall have and shall at all times maintain a paid-up capital stock of not less than $300,000, and a surplus of not less than $300,000. Every domestic mutual company and every domestic reciprocal company shall have and shall at all times maintain a surplus of not less than $300,000 and every foreign or alien mutual company and every foreign or alien reciprocal company shall have and shall at all times maintain a surplus of not less than $400,000.
D.C. Code § 31-3451.04 — DC Code / Title 31 / Chapter 34A / § 31-3451.04
§ 31-3451.04. Regulatory Action Level Event.
Status: in_force

(a) If a Regulatory Action Level Event occurs, the Commissioner shall:
  (1) Require the health organization to prepare and submit an RBC plan or, if applicable, a revised RBC plan;
  (2) Perform such examination or analysis as the Commissioner considers necessary of the assets, liabilities, and operations of the health organization, including a review of its RBC plan or revised RBC plan; and
  (3) Issue a corrective order.
(b) In determining corrective action, the Commissioner may consider factors which include the results of any sensitivity tests undertaken under the RBC instructions. The RBC plan or revised RBC plan shall be submitted:
  (1) Within 45 days after the occurrence of the Regulatory Action Level Event;
  (2) If the health organization challenges an adjusted RBC report under § 31-3451.07 , and the challenge is not frivolous in the judgment of the Commissioner, within 45 days after the notification to the health organization that the Commissioner has, after a hearing, rejected the health organization’s challenge; or
  (3) If the health organization challenges a revised RBC plan under § 31-3451.07 , and the challenge is not frivolous in the judgment of the Commissioner, within 45 days after the notification to the health organization that the Commissioner has, after a hearing, rejected the health organization’s challenge.
(c) The Commissioner may retain actuaries, investment experts, or other consultants as may be necessary in the judgment of the Commissioner to review the health organization’s RBC plan or revised RBC plan, examine or analyze the assets, liabilities, and operations (including contractual relationships) of the health organization, and formulate the corrective order with respect to the health organization. The fees, costs, and expenses relating to the actuaries, investment experts, or consultants shall be borne by the affected health organization or such other party as directed by the Commissioner.
D.C. Code § 31-5606.01 — DC Code / Title 31 / Chapter 56 / § 31-5606.01
§ 31-5606.01. Investigation; subpoena power.
Status: in_force

(a) The Commissioner may:
  (1) Make public or private investigations inside or outside of the District as he considers necessary to determine whether a person has violated, or is about to violate, any provision of this chapter, or any rule or order hereunder, to aid in the enforcement of this chapter, or to aid in the prescribing of rules and forms to implement this chapter. The Commissioner may require the person to pay the reasonable costs and expenses of the investigation;
  (2) Require or permit the person to file a statement in writing, under oath or otherwise as the Commissioner determines, as to all the facts and circumstances concerning the matter to be investigated; and
  (3) Publish information concerning a violation of this chapter or any rule or order adopted under this chapter.
(b) For purposes of an investigation or proceeding under this chapter, the Commissioner may administer oaths and affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the Commissioner deems relevant or material to the inquiry.
(c) In case of contumacy by, or refusal to obey a subpoena issued to, a person, the Superior Court of the District of Columbia, upon application by the Commissioner, may issue to the person an order requiring the person to appear before the Commissioner to produce documentary evidence, or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished as a contempt of court.
(d) No person shall be excused from attending and testifying or from producing a document or record before the Commissioner, in obedience to the subpoena of the Commissioner, or in any proceeding instituted by the Commissioner, on the ground that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture; provided, that no individual may be prosecuted or subjected to a penalty or forfeiture for or on account of a specific subject concerning which the individual is compelled, after claiming his privilege against self-incrimination as to the specific subject, to testify or produce evidence, documentary or otherwise; provided further, that the individual testifying shall not be exempt from prosecution and punishment for perjury or contempt committed in testifying.
(e) The Commissioner may issue and apply to enforce subpoenas in the District at the request of a securities agency or administrator of another state if the activities constituting an alleged violation for which the information is sought would violate this chapter if the activities had occurred in the District.
D.C. Code § 31-5901 — DC Code / Title 31 / Chapter 59 / § 31-5901
§ 31-5901. Required licenses for agents or brokers; compensation to unlicensed agents prohibited; violations.
Status: repealed

Repealed.
D.C. Code § 31-3409 — DC Code / Title 31 / Chapter 34 / § 31-3409
§ 31-3409. Information to enrollees.
Status: in_force

(a) A health maintenance organization shall provide to its enrollees a list of providers, upon enrollment and re-enrollment.
(b) Every health maintenance organization shall provide to its enrollees within 30 days notice of any material change in the operation of the organization that will affect them directly.
(c) An enrollee must be notified in writing by a health maintenance organization of the termination of the primary care provider who provided health care services to that enrollee. A health maintenance organization shall provide assistance to the enrollee in transferring to another participating primary care provider.
(d) A health maintenance organization shall provide to enrollees information on how services may be obtained, where additional information on access to services can be obtained, and a number where the enrollee can contact the HMO at no cost to the enrollee.
D.C. Code § 31-3834.03 — DC Code / Title 31 / Chapter 38B / § 31-3834.03
§ 31-3834.03. Coverage of additional preventive health services.
Status: in_force

(a) Health insurance coverage through Medicaid or the D.C. Healthcare Alliance program shall also provide coverage for and shall not impose any cost-sharing requirements for the following:
  (1) Voluntary sterilization procedures and services;
  (2) (A) All contraceptive drugs, devices, products and services approved by the U.S. Food and Drug Administration ("FDA"), including emergency contraception; provided, that:
    (B) If there is a therapeutic equivalent of an FDA-approved contraceptive drug, device, product, or service, coverage shall also include either the original FDA-approved contraceptive drug, device, product, or service or at least one of its therapeutic equivalents, without imposing any cost-sharing requirements;
    (C) If the covered contraceptive drug, device, product, or service is deemed medically inadvisable by a provider, the health insurer shall defer to the determination and judgment of the attending provider and provide coverage for the alternative prescribed contraceptive drug, device, product, or service without imposing any cost-sharing requirements; and
    (D) Nothing in this section shall prohibit a health insurer from requiring the use of a generic prescription drug when providing coverage for preventive contraceptive drugs, devices, products, or services, so long as such health insurer:
      (i) Has a process for a member to seek medically necessary coverage of a covered brand name contraceptive drug, device, product, or service as determined by the member's prescribing provider; and
      (ii) Provides coverage for a brand name contraceptive drug, device, product, or service when there is no generic substitute available in the market;
  (3) Contraceptive services including consultation with a pharmacist, patient education, and counseling on contraceptive drugs, devices, products, or services; and
  (4) Follow-up services related to the drugs, devices, products, and services covered under this section, including management of side effects, counseling for continued adherence, and device insertion and removal.
(b) Beginning on January 1, 2019, or the next date when carrier forms are approved, whichever is earlier, an individual health plan or group health plan shall also provide coverage for and shall not impose any cost-sharing requirements for all drugs, devices, products, and services listed in subsection (a) of this section; provided, that an individual health plan or group health plan subject to this subsection may require a co-payment or cost sharing for coverage of male contraceptive products for an enrollee covered by a high deductible health plan, as defined in section 1201(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, approved December 8, 2003 (117 Stat. 2066; 26 U.S.C. § 223(c)(2)).
D.C. Code § 31-3835 — DC Code / Title 31 / Chapter 38B / § 31-3835
§ 31-3835. Prohibitions.
Status: in_force

An individual or group health plan which is a health benefit plan, and a health insurer offering health care coverage, shall not:
(1) Deny a patient eligibility, or continued eligibility, to enroll or renew coverage under terms of the health benefit plan, solely for the purpose of avoiding the requirements of this chapter; or
(2) Penalize or otherwise reduce or limit the reimbursement of an attending provider, or provide incentives (monetary or otherwise) to an attending provider, to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this chapter.
D.C. Code § 31-3175.02 — DC Code / Title 31 / Chapter 31E / § 31-3175.02
§ 31-3175.02. Compliance and enforcement.
Status: in_force

(a) All health insurers offering health benefits plans, including Medicaid, in the District that provide mental health condition and substance use disorder benefits, shall comply with the requirements of MHPAEA.
(b) The Department shall enforce the requirements of this chapter by:
  (1) Ensuring compliance by health insurers;
  (2) Detecting, evaluating, and responding to complaints regarding any potential or actual violations of MHPAEA;
  (3) Developing, maintaining, and regularly reviewing a publicly-available consumer complaint log recording any potential or actual violations of MHPAEA; and
  (4) Performing market conduct examinations of health insurers health benefits plans, including a review of any non-quantitative treatment limitations.
D.C. Code § 31-2231.04 — DC Code / Title 31 / Chapter 22A / § 31-2231.04
§ 31-2231.04. False information and advertising generally.
Status: in_force

No person shall make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine, or other publication, or in a notice, circular, pamphlet, letter, or poster, or over a radio or television station, or in any other way, an advertisement, announcement, or statement containing an assertion, representation, or statement with respect to the business of insurance or with respect to an insurer in the conduct of its insurance business which is untrue, deceptive, or misleading.
D.C. Code § 31-3609.01 — DC Code / Title 31 / Chapter 36 / § 31-3609.01
§ 31-3609.01. Denial of claims.
Status: in_force

If a claim under a long-term care insurance contract is denied, the issuer shall, within 60 days of the date of a written request by the policyholder or certificate holder, or a representative thereof:
(1) Provide a written explanation of the reasons for the denial; and
(2) Make available all information directly related to the denial.
D.C. Code § 31-904 — DC Code / Title 31 / Chapter 9 / § 31-904
§ 31-904. Approval of the plan by the members.
Status: in_force

(a) All eligible members shall be given notice of and an opportunity to vote upon the plan.
(b) All eligible members shall be given notice of the members’ meeting to vote upon the plan. A copy of the plan or a summary of the plan shall accompany the notice. The notice shall be mailed to each member’s last known address, as shown on the mutual company’s records, within 45 days of the Commissioner’s approval of the plan. The meeting to vote upon the plan shall not be set for a date less than 10 days and no more than 60 days after the date when the notice of the meeting is mailed by the mutual company. If the meeting to vote upon the plan is held coincident with the mutual company’s annual meeting of policyholders, only one combined notice of meeting is required.
(c) After approval by the Commissioner, the plan shall be adopted upon receiving the affirmative vote of at least a majority of the votes cast by eligible members. Members entitled to vote upon the proposed plan may vote in person or by proxy. Any proxies to be solicited from eligible members shall be filed with and approved by the Commissioner. The number of votes each eligible member may cast shall be determined by the mutual company bylaws. If the bylaws are silent, each eligible member may cast one vote.
D.C. Code § 31-405 — DC Code / Title 31 / Chapter 4 / § 31-405
§ 31-405. Audit committee.
Status: in_force

Every controlled insurer shall have an audit committee of the board of directors composed of independent directors. The audit committee shall annually meet with management, the insurer’s independent certified public accountants, and an independent casualty actuary, or other independent loss reserve specialist acceptable to the Mayor, to review the adequacy of the insurer’s loss reserves.
D.C. Code § 31-913 — DC Code / Title 31 / Chapter 9 / § 31-913
§ 31-913. Costs and expenses.
Status: in_force

All costs and expenses connected with a plan of conversion shall be paid for or reimbursed by the mutual company or the converted stock company from the proceeds of the offering; provided, that if the plan provides either for a holding company to acquire the stock of the converted stock company or for the merger of the mutual company into a stock insurance company as provided in § 31-906(h) , the acquiring holding company or the stock insurance company shall pay for or reimburse all the costs and expenses connected with the plan.
D.C. Code § 31-2401 — DC Code / Title 31 / Chapter 24 / § 31-2401
§ 31-2401. Findings; purpose.
Status: in_force

(a) Findings. — The Council of the District of Columbia finds that:
  (1) Motorists, motor vehicle passengers, and pedestrians in the District are not adequately protected, by current law and practice, from the consequences of motor vehicle accidents.
  (2) If a person suffers personal injuries because of an accident involving a motor vehicle in the District, he or she is unlikely to recover the amount of his or her actual losses because:
    (A) Approximately 50% of the victims do not satisfy the prerequisites to compensation under the present law;
    (B) Approximately 40% of the operators in the District do not maintain any motor vehicle insurance or have other financial resources sufficient to pay losses;
    (C) The average motor vehicle insurance policy in the District will pay only up to $10,000 for the personal injuries of any 1 victim, a sum that is insufficient to compensate adequately a victim with serious injuries; and
    (D) Satisfaction of the prerequisites to compensation under the present law is time-consuming and expensive to policyholders because a victim must establish that the accident was the fault of another person; that the person injured was free from contributory fault; and that the injuries suffered were the natural and probable consequences of the accident.
  (3) Far greater protection to victims of motor vehicle accidents is available at a lower price than that afforded for coverage currently available.
  (4) The purchase of this better insurance protection should be compulsory because of the great potential of a motor vehicle to cause personal injury.
(b) Purpose. — It is the purpose of this chapter to provide adequate protection for victims who are injured in the District or who are injured while riding in motor vehicles registered or operated in the District.
D.C. Code § 31-4417 — DC Code / Title 31 / Chapter 44 / § 31-4417
§ 31-4417. Mutual companies — Requirements before doing business.
Status: in_force

No domestic mutual company shall transact any business until at least 200 persons shall have subscribed in the aggregate for at least $200,000 of insurance and shall have paid in full 1 annual premium in money upon the insurance so subscribed.
D.C. Code § 31-2351.02 — DC Code / Title 31 / Chapter 23M / § 31-2351.02
§ 31-2351.02. Scope.
Status: in_force

(a) The following are exempt from this chapter :
  (1) Warranties;
  (2) Maintenance agreements;
  (3) Warranties, service contracts, or maintenance agreements offered by public utilities on their transmission devices to the extent they are regulated by the Public Service Commission;
  (4) Service contracts sold or offered for sale to persons other than consumers; and
  (5) Service contracts on tangible property where the tangible property for which the service contract is sold has a purchase price of $100 or less, exclusive of sales tax.
(b) Motor vehicle manufacturer's service contracts on the motor vehicle manufacturer's products need only comply with §§ 31-2351.03(h)(1) , 31-2351.04(a) , 31-2351.05(d) through (l) , 31-2351.06 , and 31-2351.10 , as applicable. Motor vehicle manufacturers are exempt from the registration requirement of § 31-2351.03(d) .
(c) The types of agreements referred to in this section and service contracts governed pursuant to this chapter are not insurance.
D.C. Code § 31-503 — DC Code / Title 31 / Chapter 5 / § 31-503
§ 31-503. Qualified U.S. financial institutions.
Status: in_force

(a) For purposes of [ § 31-502(b) ], a qualified U.S. financial institution means an institution that:
  (1) Is organized, or, in the case of a United States office of a foreign banking organization, licensed, under the laws of the United States or any state thereof;
  (2) Is regulated, supervised, and examined by United States federal or state authorities having regulatory authority over banks and trust companies;
  (3) Has been determined by either the Commissioner or the Securities Valuation Office of the National Association of Insurance Commissioners to meet the standards of financial condition and standing considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the Commissioner; and
  (4) When eligible to act as a fiduciary of a trust under this chapter :
    (A) Is organized, or, in the case of a United States branch or agency office of a foreign banking organization, licensed, under the laws of the United States or any state thereof and has been granted authority to operate with fiduciary powers; and
    (B) Is regulated, supervised, and examined by federal or state authorities having regulatory authority over banks and trust companies.
D.C. Code § 31-3136 — DC Code / Title 31 / Chapter 31A / § 31-3136
§ 31-3136. Penalties.
Status: in_force

An action by a health insurer that establishes a pattern or practice of repeated violation of this chapter, as determined by the Commissioner, shall constitute a violation as provided in Chapter 22A of this title .
D.C. Code § 31-2231.14 — DC Code / Title 31 / Chapter 22A / § 31-2231.14
§ 31-2231.14. Interlocking ownerships, management.
Status: in_force

(a) An insurer may retain, invest in, or acquire the whole or any part of the capital stock of any other insurer, or have a common management with another insurer, unless the retention, investment, acquisition, or common management is inconsistent with another provision of law, or, by reason thereof, the business of the insurers with the public is conducted in a manner which substantially lessens competition generally in the insurance business or tends to create a monopoly.
(b) A person otherwise qualified may be a director of 2 or more insurers which are competitors unless the effect is to lessen substantially competition between insurers generally or tends materially to create a monopoly.
D.C. Code § 31-3451.05 — DC Code / Title 31 / Chapter 34A / § 31-3451.05
§ 31-3451.05. Authorized Control Level Event.
Status: in_force

(a) If an Authorized Control Level Event occurs, the Commissioner shall:
  (1) Take such actions as are required under § 31-3451.04 with respect to a Regulatandy Action Level Event; and
  (2) If the Commissioner considers it to be in the best interests of the policyholders and creditors of the health organization and of the public, take such action as is necessary to cause the health organization to be placed under regulatory control under Chapter 34 of this title and Chapter 13 of this title .
(b) (1) If the Commissioner takes action under subsection (a)(1) of this section pursuant to an adjusted RBC report, the health organization shall be entitled to the protections which are afforded to health organizations under Chapter 34 of this title and Chapter 13 of this title pertaining to summary proceedings.
  (2) If the Commissioner takes action under subsection (a)(2) of this section, the Authorized Control Level Event shall be sufficient for the Commissioner to take action under Chapter 34 of this title or Chapter 13 of this title . In such event, the Commissioner shall have the rights, powers, and duties with respect to the health organization as are set forth in Chapter 34 of this title and Chapter 13 of this title .
D.C. Code § 31-2231.11 — DC Code / Title 31 / Chapter 22A / § 31-2231.11
§ 31-2231.11. Unfair discrimination.
Status: in_force

(a) No person shall commit or permit any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for a life insurance policy or contract, in the dividends or other benefits payable thereon, or in any other of the terms and conditions of the policy or contract.
(b) No person shall commit or permit any unfair discrimination between individuals of the same class and of essentially the same hazard in the amount of premium, fees, or rates charged for a policy or contract of accident or health insurance; in the benefits payable under a policy or contract of accident or health insurance; in any of the terms or conditions of the policy or contract of accident or health insurance; or in any other manner. This section shall not prohibit a fee or charge for insurance premium payment plans, regardless of the number of installments involved.
(b-1) For the purposes of subsections (a) and (b) of this section, no person shall inquire, directly or indirectly, as to whether an insured or applicant is, or has been, the victim of an intrafamily offense, sexual assault, dating violence, or stalking, or make use of information as to an insured or applicant’s status as a victim of an intrafamily offense, sexual assault, dating violence, or stalking; provided, that this subsection shall not prohibit a person from asking about a medical condition or from using medical information to underwrite or to carry out its duties under a policy, even if the medical information is related to a medical condition that the person knows or has reason to know is related to an intrafamily offense, sexual assault, dating violence, or stalking, to the extent otherwise permitted under this chapter or applicable law. For purposes of this subsection, the term “intrafamily offense” shall have the same meaning as provided in § 16-1001(8) .
(c) No person shall refuse to insure, refuse to continue to insure, or limit the amount of coverage available to an individual because of marital status, race, color, personal appearance, sexual orientation, gender identity or expression, matriculation, political affiliation, or an individual’s status as a victim of an intrafamily offense, sexual assault, dating violence, or stalking. Nothing in this subsection shall prohibit an insurer from taking marital status into account for the purpose of defining persons eligible for dependent benefits or prohibit or limit the operation of fraternal benefit societies. For the purposes of this subsection, the term “matriculation” shall have the same meaning as in § 2-1401.02(18) .
(c-1) (1) Notwithstanding any other provision in this act, no insurer shall deny coverage, cancel coverage, or refuse to issue, determine the price or premium for, or otherwise vary any term or condition of a life insurance policy, disability insurance policy, or long-term care insurance policy for an individual based solely on, and without any actual, unique, and material actuarial risks related to, the status of the individual as a living donor.
  (2) Paragraph (1) of this subsection shall apply to life insurance policies, disability insurance policies, and long-term care insurance policies delivered or issued for delivery after January 1, 2026.
(d) No person shall terminate or modify coverage, or refuse to issue or refuse to renew, a property and casualty policy or a life, health, or annuity policy, solely because the applicant or insured, or an employee of either, is mentally or physically impaired. A termination, modification, or refusal shall be based on sound actuarial principles or related to actual or reasonably anticipated experience. This subsection shall not be interpreted to modify any other provision of law relating to the termination, modification, issuance, or renewal of an insurance policy or contract.
(e) No person shall refuse to insure an individual solely because another insurer has refused to write a policy or has cancelled or has refused to renew an existing policy in which the individual was named an insured. This subsection shall not prevent the termination of an excess insurance policy on account of the failure of the insured to maintain any required underlying insurance.
D.C. Code § 31-3834.03a — DC Code / Title 31 / Chapter 38B / § 31-3834.03a
§ 31-3834.03a. Coverage of additional reproductive services.
Status: in_force

(a) (1) An individual health plan or group health plan shall provide coverage for abortion and abortion-care services, including follow-up services, to an enrollee.
  (2) No individual health plan or group health plan shall impose any deductible, coinsurance, copayment, or other cost-sharing requirement, on an enrollee for the coverage required by this section; except, that an individual health plan or group health plan may require a deductible, co-payment, or cost sharing for an enrollee covered by a high deductible health plan, as defined in 26 U.S.C. § 223(c)(2), if required by federal law.
(b) No individual health plan or group health plan covered under subsection (a) of this section shall impose any medically unnecessary restrictions or delays on the coverage required by this section.
(c) Coverage for services under this section shall be provided without discrimination on the basis of age, ancestry, disability, domestic partner status, gender, gender expression, gender identity, genetic information, marital status, national origin, race, religion, sex, or sexual orientation.
(d) This section shall not apply to health insurance coverage through Medicaid, the DC Healthcare Alliance program, or the Immigrant Children's program.
(e) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 , shall issue rules to implement the provisions of this section.
D.C. Code § 31-5041.08 — DC Code / Title 31 / Chapter 50B / § 31-5041.08
§ 31-5041.08. Underwriting contract required with title insurer.
Status: in_force

A person acting in the capacity of a title insurance producer shall not place business with a title insurer unless there is in force a written contract between the parties which sets forth the responsibilities of each party, and, if both parties share responsibility for a particular function, specifies the division of the responsibilities.
D.C. Code § 31-3171.08 — DC Code / Title 31 / Chapter 31D / § 31-3171.08
§ 31-3171.08. Executive director and Authority staff.
Status: in_force

(a) The executive board shall hire an executive director within 60 days of a majority of executive board members being confirmed to organize, administer, and manage the operations of the Authority.
  (1) The executive director shall not be an employee in the career service and shall serve at the pleasure of the executive board.
  (2) The executive director shall become a resident of the District within 180 days of the date of hire.
(b) The executive board shall determine the appropriate compensation for the executive director; provided, that the executive director’s compensation shall not exceed the maximum allowable salary in the District of Columbia Excepted Service salary schedule.
(c) Under the direction of the executive board, the executive director shall;
  (1) Be the chief administrative officer of the Authority;
  (2) Direct, administer, and manage the operations of the Authority; and
  (3) Perform all duties necessary to comply with and carry out the provisions of this chapter, other District laws and regulations, and the Federal Act.
(d) (1) The executive director may employ and retain staff for the Authority.
  (2) The executive director may retain as independent contractors or employees, and set compensation for:
    (A) Attorneys;
    (B) Financial consultants; and
    (C) Other professionals or consultants necessary to carry out the planning, development, and operations of the Authority and the provisions of this chapter.
  (3) Employee compensation shall not exceed the maximum allowable salary in the District of Columbia Excepted Service salary schedule.
(e) Except as otherwise provided in this chapter, an employee or independent contractor of the Authority shall not be subject to any law, regulation or Mayor’s Order governing District government compensation, including furloughs, pay cuts, or any other general fund cost-saving measure.
D.C. Code § 31-3931.14 — DC Code / Title 31 / Chapter 39A / § 31-3931.14
§ 31-3931.14. Financial examination.
Status: in_force

(a) The Commissioner, or his designee, may visit each captive insurer at such times as he or she considers necessary to thoroughly inspect and examine the affairs of the captive insurer or protected cell of a captive insurer to ascertain:
  (1) The financial condition of the captive insurer;
  (2) The ability of the captive insurer to fulfill its obligations; and
  (3) Whether the captive insurer has complied with the provisions of this chapter and the regulations adopted pursuant thereto.
(b) The Commissioner may require a captive insurer to retain qualified independent legal, financial, and examination services from outside the Department to conduct the examination and make recommendations to the Commissioner. The cost of the examination shall be paid by the captive insurer.
(c) Chapter 14 of this title [ § 31-1401 et seq.] shall apply to examinations conducted pursuant to this section. The Commissioner may waive the requirement in § 13-1402(a) that a captive insurer must be examined at least once every 5 years, if the:
  (1) Captive insurer has filed unqualified audited financial statements each year since the captive insurer's last financial examination or the date of licensure;
  (2) Commissioner determines that the audited financial statements demonstrate that the captive insurer maintains sufficient surplus to satisfy all of its obligations to its policyholders and creditors;
  (3) Captive insurer is in compliance with all applicable District laws and regulations; and
  (4) Captive insurer is not a risk retention group licensed as a captive insurer.
(d) For purposes of subsection (a) of this section, protected cells of a captive insurer shall not be separately examined unless the Commissioner has sufficient cause to examine one or more protected cells.
D.C. Code § 31-5606.02 — DC Code / Title 31 / Chapter 56 / § 31-5606.02
§ 31-5606.02. Enforcement — Administrative.
Status: in_force

(a) Whenever the Commissioner determines that a person has engaged, or is about to engage, in an act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, and that immediate action against such person is in the public interest, the Commissioner may issue, without a hearing, a summary order directing the person to cease and desist from engaging in such activity; provided, that the summary cease and desist order shall give the person:
  (1) Notice of the opportunity for a hearing before the Commissioner to determine whether the summary cease and desist order should be vacated, modified, or entered as final; and
  (2) Notice that the summary cease and desist order will be entered as final if the person does not request a hearing within 15 days of the receipt of the summary cease and desist order.
(b) Whenever the Commissioner determines after notice and a hearing, unless the right to a hearing is waived, that a person has engaged in an act or practice constituting a violation of this chapter or any rule or order adopted under this chapter, the Commissioner may, in addition to taking any other action authorized under this chapter:
  (1) Issue a cease and desist order against the person;
  (2) Censure the person if the person is licensed under this chapter;
  (3) Bar the person from engaging in the securities business or investment advisory business in the District;
  (4) Issue an order against the person imposing a civil penalty up to $10,000 for any single violation of this chapter; or
  (5) Issue an order requiring the person to pay restitution and reasonable costs of the hearing.
D.C. Code § 31-3931.01 — DC Code / Title 31 / Chapter 39A / § 31-3931.01
§ 31-3931.01. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(a) (1) “Affiliated company” means a company in the same corporate system as its parent or a member organization by virtue of common ownership, control, operation, or management.
  (2) “Agency captive insurer” means a captive insurer that is owned by an insurance agency or brokerage and that only insures risks of policies that are placed by or through the agency or brokerage.
  (3) “Alien captive insurer” means any non-U.S. insurance company formed to write insurance business for its parents and affiliates and licensed pursuant to the laws of a foreign country that imposes statutory or regulatory standards in a form acceptable to the Commissioner on companies transacting the business of insurance in the jurisdiction.
  (4) “Association” means a legal entity consisting of 2 or more individuals, corporations, partnerships, associations, or other forms of business organization.
  (5) “Association captive insurer” means a captive insurer that only insures risks of the member organizations of an association and the affiliated companies of those members, including:
    (A) Groups formed pursuant to the Product Liability Risk Retention Act of 1981, approved September 25, 1981 (95 Stat. 949; 15 U.S.C. § 3901 et seq.), and the employee benefit plans or trusts of such organizations or companies; and
    (B) Risk retention groups chartered pursuant to Chapter 41 of this title [ § 31-4101 et seq.].
  (6) “Branch business” means any insurance business transacted by a branch captive insurer in the District.
  (7) “Branch captive insurer” means any alien captive insurer licensed by the Commissioner to transact the business of insurance in the District through a business unit with a principal place of business in the District.
  (8) “Branch operations” means any business operations of a branch captive insurer in the District.
  (9) “Captive insurer” means any insurer that insures the risks of its parent or affiliated companies of its parent, any member organizations of an association and the affiliated companies of the member organizations, or any other policyholders or participants that have entered into a contractual relationship with the insurer for the purchase of insurance, including any pure captive insurer, association captive insurer, agency captive insurer, branch captive insurer, protected cell captive insurer, and rental captive insurer licensed pursuant to this chapter.
  (10) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.
  (11) “Common ownership and control” means:
    (A) In the case of a stock insurer, the direct or indirect ownership of 51% or more of the voting stock of 2 or more corporations by the same member or members; and
    (B) In the case of a mutual insurer, the direct or indirect ownership of 51% or more of the surplus and the voting power of 2 or more corporations by the same member or members.
  (12) “Department” means the Department of Insurance, Securities, and Banking.
  (13) “Excess workers’ compensation insurance” means insurance in excess of the specified per-incident or aggregate limit, if any, established by:
    (A) The Commissioner, if the insurance is being transacted in the District; or
    (B) The chief regulatory officer for insurance in the jurisdiction in which the insurance is being transacted.
  (13A) “Incorporated protected cell” means a protected cell that is established as a corporation or other legal entity separate from the protected cell captive insurer of which it is a part.
  (14) “Member organization” means any individual, corporation, partnership, association, or other form of business organization that belongs to an association.
  (15) “Mutual insurer” means an incorporated insurer without any issued and outstanding stock whose capital and surplus are owned by its policyholders.
  (16) “Net direct premiums” means the direct premiums collected or contracted for on policies or contracts of insurance written by a captive insurer during the preceding calendar year, less the amounts paid to policyholders as return premiums, including dividends on unabsorbed premiums or premium deposits returned or credited to policyholders.
  (17) “Parent” means a corporation, partnership, association, or other form of business organization that directly or indirectly owns, controls, or holds power to vote more than 51% or more of the outstanding voting securities of a pure captive insurer.
  (18) “Participant” means any individual or organization, and any affiliates thereof, that are insured by a protected cell captive insurer if the losses of the person are limited through a participant contract to the assets of a protected cell.
  (19) “Participant contract” means a contract by which a protected cell captive insurer insures the risks of a participant and limits the losses of the participant to the assets of the protected cell.
  (20) “Person” means any individual, corporation, partnership, limited liability company, limited liability partnership, joint venture, an association, joint stock company, trust, unincorporated organization, similar entity, or any combination of the foregoing.
  (20A) “Protected cell” means a separate account established and maintained by a protected cell captive insurer and includes an incorporated protected cell.
  (20B) “Protected cell captive insurer” means a captive insurer that:
    (A) Is formed and licensed under the provisions of this chapter;
    (B) Insures the risks of separate participants through a contract; and
    (C) Segregates each participant’s liability through one or more protected cells.
  (21) “Provisional certificate of authority” means a certificate of authority issued to a captive insurer that authorizes the captive insurer to engage in limited activities authorized by the Commissioner.
  (22) “Pure captive insurer” means a captive insurer that only insures or reinsures risks of its parent and affiliated companies or controlled unaffiliated business. The parent of a pure captive insurer includes an employee benefit plan or trust.
  (23) “Reciprocal insurer” includes an interinsurance exchange or a risk retention group as defined in § 31-4101(12) .
  (24) “Redomestication” means the transfer to the District of the insurance domicile of an authorized foreign or alien insurance company.
  (25) “Rental captive insurer” means a captive insurer formed to enter into contractual agreements with policyholders or associations to offer some or all of the benefits of a program of captive insurance and that only insures risks of the policyholders or associations.
  (26) Repealed.
  (27) “Stock insurer” means an incorporated insurer with issued and outstanding stock whose capital and surplus is owned by its stockholders.
D.C. Code § 31-6006 — DC Code / Title 31 / Chapter 60 / § 31-6006
§ 31-6006. Powers and duties of Association.
Status: repealed

Repealed.
D.C. Code § 31-5031.05 — DC Code / Title 31 / Chapter 50A / § 31-5031.05
§ 31-5031.05. Minimum capital and surplus requirements.
Status: in_force

Before being licensed to do an insurance business in the District, a title insurer shall establish and maintain a minimum paid-in capital of not less than $500,000 and paid-in initial surplus of at least $500,000, for a total minimum capital and surplus total of at least $1 million.
D.C. Code § 31-504 — DC Code / Title 31 / Chapter 5 / § 31-504
§ 31-504. Rulemaking.
Status: in_force

(a) The Commissioner may adopt rules and regulations necessary to implement the provisions of this chapter .
(b) The Commissioner is further authorized to adopt rules and regulations applicable to reinsurance arrangements; provided, that regulations adopted pursuant to this subsection:
  (1) May apply only to reinsurance relating to:
    (A) Life insurance policies with guaranteed nonlevel gross premiums or guaranteed nonlevel benefits;
    (B) Universal life insurance policies with provisions resulting in the ability of a policyholder to keep a policy in force over a secondary guarantee period;
    (C) Variable annuities with guaranteed death or living benefits;
    (D) Long-term care insurance policies; and
    (E) Such other life and health insurance and annuity products as to which the National Association of Insurance Commissioners ("NAIC") adopts model regulatory requirements with respect to credit for reinsurance.
  (2) Pursuant paragraph (1)(A) or (B) of this subsection may apply to any treaty containing:
    (A) Policies issued on or after January 1, 2015; or
    (B) Policies issued prior to January 1, 2015, if risk pertaining to such pre-2015 policies is ceded in connection with the treaty, in whole or in part, on or after January 1, 2015;
  (3) May require the ceding insurer, in calculating the amounts or forms of security required to be held under regulations promulgated under this authority, to use the Valuation Manual adopted by the NAIC, as amended.
  (4) Shall not apply to cessions to an assuming insurer that:
    (A) Is certified in the District or, at a minimum, in 5 other states or meets the conditions set forth in § 31-501(f-1) ; or
    (B) Maintains at least $250 million in capital and surplus when determined in accordance with the NAIC Accounting Practices and Procedures Manual, including all amendments thereto adopted by the NAIC, excluding the impact of any permitted or prescribed practices, and is:
      (i) Licensed in at least 26 states; or
      (ii) Licensed in at least 10 states, and licensed or accredited in a total of at least 35 states.
D.C. Code § 31-3754 — DC Code / Title 31 / Chapter 37 / § 31-3754
§ 31-3754. Loss ratio standards.
Status: repealed

Repealed.
D.C. Code § 31-2502.15 — DC Code / Title 31 / Chapter 25 / § 31-2502.15
§ 31-2502.15. Formation of domestic companies.
Status: in_force

Any domestic stock, mutual, or reciprocal company desiring to transact business in the District shall, after complying with the general laws of the District governing the formation of companies or corporations, file with the Commissioner copies of its articles of incorporation, bylaws, charter, proposed forms of policies, and such other information as may be necessary to manifest and explain the organization, objects, and purposes of the company, and to satisfy the Commissioner that such company has complied with the laws of the District regarding the formation of companies. Thereafter, upon application made to the Commissioner upon such forms as the Commissioner shall prescribe, the Commissioner, subject to the provisions of § 31-2502.02 , shall issue to the company a certificate of authority to transact business in the District.
D.C. Code § 31-2408 — DC Code / Title 31 / Chapter 24 / § 31-2408
§ 31-2408. Administration Fund.
Status: repealed

Repealed.
D.C. Code § 31-1407 — DC Code / Title 31 / Chapter 14 / § 31-1407
§ 31-1407. Immunity from liability.
Status: in_force

(a) No cause of action shall arise nor shall any liability be imposed against the Mayor, the Mayor’s authorized representatives, or an examiner appointed by the Mayor for any statements made or conduct performed in good faith while carrying out the provisions of this chapter.
(b) No cause of action shall arise nor shall any liability be imposed against any person for the act of communicating or delivering information or data to the Mayor or the Mayor’s authorized representative or examiner pursuant to an examination made under this chapter, if the act of communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive.
(c) This section does not abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person identified in subsection (a) of this section.
(d) A person identified in subsection (a) of this section shall be entitled to an award of attorney’s fees and costs if the person is the prevailing party in a civil cause of action for libel, slander, or any other relevant tort arising out of activities in carrying out the provisions of this chapter and the party bringing the action was not substantially justified in doing so. For purposes of this section, the term “substantially justified” means a proceeding that had a reasonable basis in law or fact at the time that it was initiated.
D.C. Code § 31-3108 — DC Code / Title 31 / Chapter 31 / § 31-3108
§ 31-3108. Notification of coverage and benefits.
Status: in_force

All individual and group health benefit plans shall contain statements, in easily readable type and in easily understandable language, approved by the Commissioner, to inform policyholders and beneficiaries of the coverage and benefits provided or offered pursuant to this chapter.
D.C. Code § 31-2602.15 — DC Code / Title 31 / Chapter 26 / § 31-2602.15
§ 31-2602.15. Failure to make reports or pay taxes or fees.
Status: repealed

Repealed.
D.C. Code § 31-4310 — DC Code / Title 31 / Chapter 43 / § 31-4310
§ 31-4310. Representation of financial standing — Alien companies; violations.
Status: in_force

(a) Every advertisement or public announcement and every sign, circular, or card issued by an alien company doing business in the District, representing its financial standing, shall exhibit as capital stock and assets only the capital stock and assets held by its United States branch, the liabilities, including therein the premium and loss reserves required by law, and the amount of surplus, and shall correspond to the next preceding verified statement made by such company to the Commissioner; provided, however, that this section shall not be deemed to prevent an alien company from furnishing to its policyholders in the District of Columbia its annual report to policyholders of its domicile. This subsection shall not apply to an alien company which maintains in the United States, as required by law, assets held in trust for the benefit of the United States policyholders in an amount not less than the sum of its required capital deposit and the amount of its outstanding liabilities arising out of its insurance transactions in the United States.
(b) Any violation of this section or § 31-4309 [repealed] shall be a misdemeanor, and any person convicted of such violation shall, for the 1st offense, be liable to a fine of not more than $500, and for each subsequent offense shall be liable to a fine of not more than $1,000.
D.C. Code § 31-2502.44 — DC Code / Title 31 / Chapter 25 / § 31-2502.44
§ 31-2502.44. Court proceedings.
Status: repealed

Repealed.
D.C. Code § 31-2701 — DC Code / Title 31 / Chapter 27 / § 31-2701
§ 31-2701. Definitions.
Status: in_force

In this chapter, unless the context otherwise requires:
(1) “District” means the District of Columbia.
(2) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.
(3) “Insurance” includes (but is not limited to) fidelity, surety, and guaranty bonds.
(4) “Company” means any insurer, whether stock, mutual, reciprocal, interinsurer, Lloyd’s, or any other form or group of insurers.
(5) “Policy” means an insurance policy or contract as defined by Chapter 25 of this title .
(6) “Agent” means and shall include any individual, copartnership, or corporation acting in the capacity of or licensed as a “policy-writing agent,” “soliciting agent,” or “salaried company employee” as defined by Chapter 25 of this title .
(7) “Exempt commercial risk” means a person or entity which meets one of the following criteria:
  (A) Retains or employs a certified or qualified risk manager to negotiate insurance coverage;
  (B) Possesses a net worth in excess of $2 million;
  (C) Generates annual revenues in excess of $2 million;
  (D) Has at least 10 employees;
  (E) Pays annual aggregate country-wide standard insurance premiums in excess of $10,000;
  (F) Has total insured property value of at least $2 million; or
  (G) Is a nonprofit organization or public body generating annual budgeted expenditures of at least $5 million.
(8) “Medical malpractice insurer” means an insurer licensed to underwrite medical malpractice insurance.
D.C. Code § 31-3704 — DC Code / Title 31 / Chapter 37 / § 31-3704
§ 31-3704. Loss ratio standards.
Status: in_force

Medicare supplement policies shall return to policyholders benefits which are reasonable in relation to the premium charged. The Mayor shall issue reasonable regulations to establish minimum standards for loss ratios of Medicare supplement policies on the basis of incurred claims experience, or incurred health care expenses where coverage is provided by a health maintenance organization on a service rather than reimbursement basis, and earned premiums in accordance with accepted actuarial principles and practices.
D.C. Code § 31-3311.03 — DC Code / Title 31 / Chapter 33A / § 31-3311.03
§ 31-3311.03. Loss ratio disclosure.
Status: in_force

Policies, certificates, and marketing materials shall prominently display medical loss ratio disclosure, as defined by rule.
D.C. Code § 31-2995.02 — DC Code / Title 31 / Chapter 29C / § 31-2995.02
§ 31-2995.02. Chemotherapy pill coverage.
Status: in_force

(a) An individual health plan or group health plan, and a health insurer offering health insurance coverage that provides coverage for prescription drugs, shall provide health insurance coverage for prescribed, orally administered anticancer medication used to kill or slow the growth of cancerous cells and the person receiving such prescribed medication shall have the option of having it dispensed at any appropriately licensed pharmacy.
(b) The health insurance coverage provided under this section shall be on a basis no less favorable than coverage provided for intravenously administered or injected cancer medications, for purposes of determining deductibles, benefit year or lifetime durational limits, benefit year or lifetime dollar limits, lifetime episodes or treatment limits, copayment and coinsurance factors, and benefit year maximum for deductibles and copayments and coinsurance factors.
D.C. Code § 31-3602 — DC Code / Title 31 / Chapter 36 / § 31-3602
§ 31-3602. Scope.
Status: in_force

(a) Any policy or rider advertised, marketed, or offered as long-term care or nursing home insurance delivered or issued for delivery in the District of Columbia shall comply with the provisions of this chapter.
(b) This chapter is not intended to supersede the obligations of entities subject to this chapter to comply with the substance of other applicable insurance laws insofar as they do not conflict with this chapter; except that, this chapter shall supersede laws and regulations designed and intended to apply to Medicare supplement insurance policies.
(c) The requirements of this chapter shall apply to policies delivered or issued for delivery in the District of Columbia on or after May 23, 2000.
D.C. Code § 31-2602.05 — DC Code / Title 31 / Chapter 26 / § 31-2602.05
§ 31-2602.05. Requirements for transacting business for foreign companies.
Status: repealed

Repealed.
D.C. Code § 31-757 — DC Code / Title 31 / Chapter 7 / § 31-757
§ 31-757. Failure to give notice.
Status: in_force

If the reciprocal insurance company complies substantially and in good faith with the notice requirements of this subchapter, the reciprocal insurance company’s failure to give any member or members any required notice shall not impair the validity of any action taken under this subchapter.
D.C. Code § 31-5414 — DC Code / Title 31 / Chapter 54 / § 31-5414
§ 31-5414. Immunity.
Status: in_force

(a) There shall be no liability on the part of, and no cause of action shall arise against, any member insurer or its agents or employees, the Association or its agents or employees, members of the Board of Directors, or the Mayor or the Mayor’s representatives, for any action or omission by them in performance of their powers and duties under this chapter, except in the case of willful misconduct, gross negligence, or criminal activity on the part of these persons.
(b) The immunity established by subsection (a) of this section shall extend to the participation in any organization of 1 or more state associations of similar purposes and to any organization and its agents or employees.
D.C. Code § 31-5051.01 — DC Code / Title 31 / Chapter 50C / § 31-5051.01
§ 31-5051.01. Definitions.
Status: in_force

For purposes of this chapter, the term:
(1) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.
(2) “Customer” means a person who purchases portable electronics or services.
(3) “District” means the District of Columbia.
(4) “Enrolled customer” means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics.
(5) “Location” means any physical location in the District or any website, call center site, or similar location directed to residents of the District.
(6) “Portable electronics” means electronic devices that are portable in nature, their accessories and services related to the use of the device.
(7) (A) “Portable electronics insurance” means insurance providing coverage for the repair or replacement of portable electronics, which may provide coverage for portable electronics against any one or more of the following causes of loss:
    (i) Loss;
    (ii) Theft;
    (iii) Inoperability due to mechanical failure;
    (iv) Malfunction; or
    (v) Damage or other similar causes of loss.
  (B) The term “portable electronics insurance” does not include:
    (i) A service contract or extended warranty providing coverage limited to the repair, replacement, or maintenance of property for the operational or structural failure of property due to a defect in materials, workmanship, accidental damage from handling, power surges, or normal wear and tear;
    (ii) A policy of insurance covering a seller’s or a manufacturer’s obligations under a warranty; or
    (iii) A homeowner’s, renter’s, private passenger automobile, commercial, multi-peril, or similar policy.
(8) “Portable electronics transaction” means:
  (A) The sale or lease of portable electronics by a vendor to a customer; or
  (B) The sale of a service related to the use of portable electronics by a vendor to a customer.
(9) “Supervising entity” means a business entity that is a licensed insurer or insurance producer that is appointed by an insurer to supervise the administration of a portable electronics insurance program.
(10) “Vendor” means a person in the business of engaging in portable electronics transactions directly or indirectly.
D.C. Code § 31-4201 — DC Code / Title 31 / Chapter 42 / § 31-4201
§ 31-4201. Short title; applicability of provisions.
Status: in_force

This subdivision shall be known as the “Life Insurance Act.” All life insurance companies now or hereafter incorporated or formed by authority of any general or special law of this District or by other act of Congress, and all foreign and alien companies authorized to do business in this District, shall be subject to said chapters.
D.C. Code § 31-2231.03 — DC Code / Title 31 / Chapter 22A / § 31-2231.03
§ 31-2231.03. Misrepresentations and false advertising of insurance policies.
Status: in_force

No person shall make, issue, circulate, or cause to be made, issued or circulated, an estimate, illustration, circular or statement, sales presentation, omission, or comparison that:
(1) Misrepresents the benefits, advantages, conditions, or terms of a policy;
(2) Misrepresents the dividends or share of the surplus to be received on a policy;
(3) Makes a false or misleading statement as to the dividends or share of surplus previously paid on a policy;
(4) Is misleading or is a misrepresentation as to the financial condition of an insurer or as to the legal reserve system upon which a life insurer operates;
(5) Uses a name or title of a policy or class of policies misrepresenting the true nature thereof;
(6) Is a misrepresentation, including an intentional erroneous quotation of a premium rate for the purpose of inducing, or tending to induce, the purchase, lapse, forfeiture, exchange, conversion, or surrender of a policy;
(7) Is a misrepresentation for the purpose of effecting a pledge or assignment of, or effecting a loan against, a policy;
(8) Misrepresents a policy as being shares of stock; or
(9) Uses a name which deceptively infers or suggests that it is an insurer if it is not an insurer.
D.C. Code § 31-4301 — DC Code / Title 31 / Chapter 43 / § 31-4301
§ 31-4301. Department continued; personnel; performance of Commissioner’s duties; seal; Commissioner’s office and papers to be public; Commissioner’s annual reports; out-of-state visits.
Status: in_force

(a) There shall be continued in the District a department charged with the execution of the laws relating to insurance, to be called the “Department of Insurance, Securities, and Banking.” At the head of such Department there shall be a Commissioner of the Department of Insurance, Securities, and Banking, who shall devote his entire service to the Department. He shall be appointed by and hold his office at the pleasure of the Mayor. The Commissioner, during his term of office, shall not be interested in the business of any insurance company except as a policyholder. He shall take and subscribe an oath of office which shall be filed with the Mayor. In said Department there shall be also 2 Deputy Commissioners and such other personnel as may be necessary within appropriations annually made by Congress for said Department. The compensation of the Commissioner, Deputy Commissioners, and other personnel shall be fixed in accordance with the provisions of Chapter 51 and subchapter III of Chapter 53 of Title 5, United States Code [5 U.S.C. § 5101 et seq. and 5 U.S.C. § 5331 et seq.].
(b) In case of the absence or inability of the Commissioner, or in the event of the removal of the Commissioner, and pending the appointment of his successor, one of the Deputy Commissioners shall perform the duties of the Commissioner.
(c) The Mayor shall provide the Department with an official seal, which shall be the seal of the District of Columbia surrounded by a border in which shall appear “Department of Insurance, Securities, and Banking.”
(d) Every certificate and other document or paper executed by such Commissioner, or his deputies, in pursuance of any authority conferred upon him by law and sealed with the seal of his office, and all copies of papers certified by him or by his deputies and authenticated by said seal, shall, in all cases, be evidence equally and in like manner as the original thereof and shall have the same force and effect as would the original in any suit or proceeding in any court of this District.
(e) The office of the Commissioner shall be a public office, and the records, books, and papers thereof on file therein shall be public records of the District, except as it may be provided otherwise herein.
(f) The Commissioner shall report annually to the Mayor his official transactions, and shall include in such report abstracts of the annual statements of the several companies and an exhibit of the financial condition and business transactions of the same as shown by their annual statements. He shall also include therein a statement of the receipts and expenditures of the Department for the preceding year and such recommendations relative to insurance and the insurance laws of the District as he shall deem proper.
(g) The Commissioner is authorized to attend and participate in the meetings of the National Convention of Insurance Commissioners and of the committees thereof; he is also authorized to visit the insurance departments of the various states when in his judgment such visits are necessary for the proper conduct of his official office; and he may require such of his assistants as he may designate to attend and participate in such meetings, all subject to the prior approval of the Mayor. The actual expense of such attendance by the Commissioner and his assistants shall be paid in like manner as other expenses of the District are paid.
D.C. Code § 31-3831 — DC Code / Title 31 / Chapter 38B / § 31-3831
§ 31-3831. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Commissioner” means Commissioner of the Department of Insurance and Securities Regulation.
(2) “District” means the District of Columbia.
(3) “Group health plan” means an employee welfare plan (as defined in section 3(1) of the Employee Retirement Income Security Act of 1974, approved September 2, 1974 (88 Stat. 829; 29 U.S.C. § 1002(1)), to the extent that the plan provides medical care and includes items and services paid for as medical care to employees or their dependents (as defined under the terms of the plan) directly or through insurance, reimbursement, or otherwise.
(4) “Health insurance coverage” means benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise and includes items and services paid for as medical care) under any hospital or medical service policy or certificate, hospital, or medical service plan contract, or health maintenance organization contract offered by a health insurer.
(5) “Health insurer” means any person that provides one or more health benefit plans or insurance in the District, including an insurer, a hospital and medical services corporation, a fraternal benefit society, a health maintenance organization, a multiple employer welfare arrangement, or any other person providing a plan of health insurance subject to the authority of the Commissioner.
(6) “Health benefit plan” means any accident and health insurance policy or certificate, hospital and medical services corporation contract, health maintenance organization subscriber contract, plan provided by a multiple employer welfare arrangement, or plan provided by another benefit arrangement. The term “health benefit plan” does not mean accident only, credit, or disability insurance; coverage of Medicare services or federal employee health plans, pursuant to contracts with the United States government; Medicare supplement or long-term care insurance; dental only or vision only insurance; specified disease insurance; hospital confinement indemnity coverage; limited benefit health coverage; coverage issued as a supplement to liability insurance; insurance arising out of a workers’ compensation or similar law; automobile medical payment insurance; medical expense and loss of income benefits; or insurance under which benefits are payable with or without regard to fault and that is statutorily required to be contained in any liability insurance policy or equivalent self-insurance.
(7) “Individual health plan” means a plan offering health insurance coverage offered to individuals other than in connection with a group health plan.
(8) “Mastectomy” means the surgical removal of all or substantially all of a breast as a result of breast cancer.
(9) "Vasectomy" means a medical procedure to cut or seal the vas deferens tubes that carry a person's sperm to permanently prevent pregnancy.
(10) "Voluntary sterilization" means a vasectomy, tubal ligation, or any medical procedure to permanently prevent pregnancy.
(11) "Voluntary sterilization procedures and services" means consultations, procedures, or follow-up appointments related to a voluntary sterilization, including up to 2 voluntary sterilization reversals.
D.C. Code § 31-5703 — DC Code / Title 31 / Chapter 57 / § 31-5703
§ 31-5703. Nonresident associations; filing requirements; required showing of authority; examinations.
Status: repealed

Repealed.
D.C. Code § 31-5011 — DC Code / Title 31 / Chapter 50 / § 31-5011
§ 31-5011. Delegation of functions by Mayor.
Status: in_force

The Mayor is authorized to delegate any of the functions vested in him by this chapter.
D.C. Code § 31-1902 — DC Code / Title 31 / Chapter 19 / § 31-1902
§ 31-1902. Immunity.
Status: in_force

(a) In the absence of fraud, actual malice, or bad faith, members of the NAIC, their duly authorized committees, subcommittees, and task forces, their delegates, NAIC employees, and all others, including District employees, charged with the responsibility of collecting, reviewing, analyzing, and disseminating the information developed from the filing of the annual statement convention blanks shall be acting as agents of the Mayor under the authority of this chapter, and shall not be subject to civil liability for libel, slander, or any other cause of action by virtue of their collection, review, and analysis or dissemination of the data and information collected from the filings required by this chapter.
(b) Nothing in this section is intended to abrogate or modify in any way any common law or statutory privilege or immunity enjoyed by any person prior to this chapter.
D.C. Code § 31-2803 — DC Code / Title 31 / Chapter 28 / § 31-2803
§ 31-2803. Emergency department HIV screening.
Status: in_force

(a) For the purposes of this section, the term.
  (1) “Health benefit plan,” “health insurer,” and “insured” shall have the same meanings as provided in § 31-3001 .
  (2) “HIV screening test” shall mean the testing for the human immunodeficiency virus or any other identified causative agent of the acquired immune deficiency syndrome by:
    (A) Conducting a rapid-result test by means of the swabbing of a patient’s gums, finger-prick blood test, or other suitable rapid-result test; and
    (B) If the result is positive, conducting an additional blood test for submission to a laboratory to confirm the results of the rapid-result test.
(b) A health benefit plan shall reimburse the cost of a voluntary HIV screening test performed on its insured while the insured is receiving emergency medical services, other than HIV screening, at a hospital emergency department, whether or not the HIV screening test is necessary for the treatment of the medical emergency which caused the insured to seek emergency services.
(c) The benefits mandated by subsection (b) of this section shall:
  (1) Include at least one annual emergency department HIV screening test;
  (2) Reimburse the costs of administering such a test, all laboratory expenses to analyze the test, and the costs of communicating to the patient the results of the test and any applicable follow-up instructions for obtaining health care and supportive services; and
  (3) Not be subject to any annual or coinsurance deductible or any co-payment other than the co-payment that the insured would have to pay for the applicable hospital emergency department visit.
(d) A representative of the emergency department of a hospital that provides emergency department HIV screening shall advise any patient between 13 and 64 years of age:
  (1) That unless a patient, or in the case of a minor, the patient’s parent, legal guardian, or other person authorized to make health care decisions for the minor, chooses to withhold consent, an HIV screening test will be performed at the time he or she receives emergency medical treatment;
  (2) That, if the patient is covered by a health benefit plan issued by a health insurer, the cost of at least one annual emergency department HIV screening test is a covered benefit;
  (3) That the test results are confidential, except that a positive test result will be reported to the Department of Health for statistical and public health purposes; and
  (4) In the case of a positive test result, where the patient may obtain appropriate health care and supportive services.
(e) A health insurer shall not:
  (1) Require an insured or applicant for insurance to pay a higher deductible, copayment, or coinsurance, require a longer waiting period, or impose any other condition for coverage of benefits solely because an insured or applicant for insurance used the benefits covered by this section;
  (2) Refuse to issue a health benefit plan solely because an applicant may use the benefits covered by this section; or
  (3) Cancel or refuse to renew a health benefit plan solely because an insured has used the benefits covered by this section.
(f) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 , may issue rules to implement the provisions of this section.
D.C. Code § 31-2502.21 — DC Code / Title 31 / Chapter 25 / § 31-2502.21
§ 31-2502.21. Procurement of certificate of authority by foreign or alien companies — Application forms.
Status: in_force

A foreign or alien company, in order to procure a certificate of authority to transact business in the District, shall make application therefor to the Commissioner on forms prescribed and furnished by the Commissioner. Such forms shall be executed for the company, by its president or vice-president, or executive officer corresponding thereto, and verified by such officer, and if a corporation the corporate seal shall be thereto affixed, attested by its secretary or other proper officer.
D.C. Code § 31-5409 — DC Code / Title 31 / Chapter 54 / § 31-5409
§ 31-5409. Prevention of insolvencies.
Status: in_force

(a) To aid in the detection and prevention of insurer impairments or insolvencies, the Mayor shall:
  (1) Transmit written notices to the insurance commissioners of all the other states and territories of the United States, within 30 days following the date any action is taken, when the Mayor takes any of the following actions against a member insurer:
    (A) Revocation of license;
    (B) Suspension of license; or
    (C) Issuance of any formal order that the company restrict its premium writing, obtain additional contributions to surplus, withdraw from the District of Columbia, reinsure all or any part of its business, or increase capital, surplus, or any other account for the security of policyholders or creditors;
  (2) Report to the Board of Directors when the Mayor has taken any of the actions set forth in paragraph (1) of this subsection or has received a report from any insurance commissioner indicating that any similar action has been taken in another state. The report shall contain all significant details of the action taken, or shall include the report received from another insurance commissioner;
  (3) Report to the Board of Directors when the Mayor has reasonable cause to believe, from any examination, whether completed or in process, of any member insurer, that the insurer may be an impaired or insolvent insurer; and
  (4) Furnish to the Board of Directors the ratios developed by the National Association of Insurance Commissioners’ Insurance Regulatory Information System, and listings of companies not included in the ratios. The Board may use the information contained therein in carrying out its duties and responsibilities under this section. The report and the information shall be kept confidential by the Board of Directors until it is made public by the Mayor or other lawful authority.
(b) The Mayor may seek the advice and recommendations of the Board of Directors concerning any matter affecting the Mayor’s duties and responsibilities regarding the financial condition of member insurers and companies seeking admission to transact insurance business in the District of Columbia.
(c) The Board of Directors may, upon majority vote, make reports and recommendations to the Mayor upon any matter germane to the solvency, liquidation, rehabilitation, or conservation of any member insurer, or germane to the solvency of any company seeking to transact insurance business in the District of Columbia. These reports and recommendations shall be internal working documents, and, consequently, shall not be considered public documents.
(d) It shall be the duty of the Board of Directors, upon majority vote, to notify the Mayor of any information indicating whether any member insurer may be an impaired or insolvent insurer.
(e) (1) The Board of Directors may, upon majority vote, request that the Mayor order an examination of any member insurer which the Board, in good faith, believes may be an impaired or insolvent insurer.
  (2) Within 30 days of receipt of such a request, the Mayor shall begin the examination.
  (3) The examination may be conducted as a National Association of Insurance Commissioners examination, or may be conducted by persons designated by the Mayor.
  (4) The cost of the examination shall be paid by the Association and the examination report shall be treated the same as other examination reports.
  (5) In no event shall the examination report be released to the Board of Directors prior to its release to the public, except in compliance with subsection (a) of this section.
  (6) The Mayor shall notify the Board of Directors when the examination is completed.
  (7) The request for an examination shall be kept on file by the Mayor, but it shall not be open to public inspection prior to the release of the examination report to the public.
(f) The Board of Directors may, upon majority vote, make recommendations to the Mayor for the detection and prevention of insurer insolvencies.
(g) The Board of Directors, at the conclusion of any insurer insolvency in which the Association was obligated to pay covered claims, shall:
  (1) Prepare and submit a written report to the Mayor containing all information it possesses bearing on the history and causes of the insolvency; and
  (2) Cooperate with the boards of directors of guaranty associations in other states in preparing reports on the history and causes of insolvency of a particular insurer. The Association may adopt by reference any report prepared by other associations.
D.C. Code § 31-6202 — DC Code / Title 31 / Chapter 62 / § 31-6202
§ 31-6202. Applicability of provisions.
Status: repealed

Repealed.
D.C. Code § 31-4804 — DC Code / Title 31 / Chapter 48 / § 31-4804
§ 31-4804. Policies — Assignment.
Status: in_force

Nothing contained in the terms of any such policy shall operate to prevent its valid assignment by the insured; but the company issuing the policy so assigned shall be discharged of all liability thereon by payment of its proceeds in accordance with its terms, unless before such payment the company shall have written notice of such assignment.
D.C. Code § 31-2361.12 — DC Code / Title 31 / Chapter 23R / § 31-2361.12
§ 31-2361.12. Criminal history checks.
Status: in_force

The Department shall require a controlling person or persons to submit to a criminal history record check.  All costs associated with obtaining a background check shall be the responsibility of the appraisal management company.
D.C. Code § 31-314 — DC Code / Title 31 / Chapter 3 / § 31-314
§ 31-314. Applicability.
Status: in_force

(a) Every insurer, as defined in § 31-301 , shall be subject to this chapter. Insurers having direct premiums written in the District of Columbia of less than $1,000,000 in any calendar year and having less than 1,000 policyholders or certificateholders of directly written policies nationwide at the end of any calendar year shall be exempt from this chapter for that year, unless the Mayor makes a specific finding that compliance is necessary for the Mayor to carry out statutory responsibilities, except that insurers having assumed premiums pursuant to contracts or treaties of reinsurance of $1,000,000 or more will not be so exempt.
(b) Foreign or alien insurers filing audited financial reports in another state pursuant to the other state’s requirement of audited financial reports which has been found by the Mayor to be substantially similar to the requirements of this chapter are exempt from this chapter if:
  (1) A copy of the audited financial report, report on significant deficiencies in internal controls, and the accountant’s letter of qualifications which are filed with the other states are filed with the Mayor in accordance with the filing dates specified in §§ 31-302 , 31-309 , and 31-310 , respectively. Canadian insurers may submit accounts’ reports as filed with the Canadian Dominion Department of Insurance.
  (2) A copy of any notification of adverse financial condition report filed with the other states is filed with the Mayor within the time specified in § 31-308 .
(c) This chapter shall not prohibit, preclude, or in any way limit the Mayor from ordering, conducting, or performing examinations of insurers under the rules and the practices and procedures of the District of Columbia.
D.C. Code § 31-5605.02 — DC Code / Title 31 / Chapter 56 / § 31-5605.02
§ 31-5605.02. Fraudulent transactions.
Status: in_force

(a) A person shall not:
  (1) In connection with the rendering of investment advice or in connection with the offer, sale, or purchase of an investment or security, including a security exempt under § 31-5604.01 sold in a transaction exempt under § 31-5604.02 , directly or indirectly:
    (A) Employ a device, scheme, or artifice to defraud;
    (B) Obtain money or property by means of an untrue statement of a material fact or an omission to state a material fact in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or
    (C) Engage in a transaction, practice, or course of business which operates, or would operate, as a fraud or deceit upon a person;
  (2) Except as provided in subsection (b) of this section, publish, give publicity to, or circulate a notice, circular, advertisement, newspaper, article, letter, investment service, communication, or broadcast which, though not purporting to offer a security for sale, describes the security for a consideration received or to be received directly or indirectly from an issuer, underwriter, or dealer, or an agent or employee of an issuer, underwriter, or dealer, without fully disclosing the receipt, whether past or prospective, of the consideration and the amount of the consideration;
  (3) In a matter within the jurisdiction of the Commissioner, falsify, conceal, or cover up, by a trick, scheme, or device, a material fact, make any false, fictitious, or fraudulent statement or representation, or make or use any false writing or document, knowing the same to contain a false, fictitious, or fraudulent statement or entry; or
  (4) Except as provided in subsections (b) and (h) of this section, when acting as principal for the person’s own account, knowingly sell a security to, or purchase a security from, a client, or acting as broker for a person other than the client, or knowingly effect a sale or purchase of a security for the account of the client, without disclosing to the client in writing before the completion of such transaction the capacity in which the person is acting and obtaining the consent of the client to the transaction.
(b) The prohibition of subsection (a)(2) of this section shall not apply to any information published or circulated relating to a federal covered security. The prohibition of subsection (a)(4) of this section shall not apply to a transaction with a federal covered adviser or to a transaction with a customer of a broker-dealer if the broker-dealer is not acting as an investment adviser in relation to the transaction.
(c) For purposes of this section, the term “investment” means a commitment of money or property principally induced by a representation that an economic benefit may be derived from the commitment; provided, that the term “investment” shall not include a commitment of money or property for:
  (1) The purchase of a business opportunity, a business enterprise, or real property; or
  (2) The purchase of tangible personal property through a person not engaged in telephone solicitation if there are no specific representations or guarantees made by the offeror or seller as to the economic benefit to be derived from the purchase.
(d) In the solicitation of, or dealings with, advisory clients, a person shall not knowingly make an untrue statement of a material fact, or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.
(e) Except as may be permitted by rule or order of the Commissioner, an investment adviser shall not enter into, extend, or renew an investment advisory contract unless it provides in writing that:
  (1) Except as provided in subsections (f)(1) and (h) of this section, the investment adviser shall not be compensated on the basis of a share of capital gains upon, or capital appreciation of, the funds or a portion of the funds of the client;
  (2) Except as provided in subsection (h) of this section, no assignment of the contract may be made by the investment adviser without the consent of the other party to the contract; and
  (3) Except as provided in subsection (h) of this section, the investment adviser, if a partnership, shall notify the other party to the contract of a change in the membership of the partnership within a reasonable time after the change.
(f) (1) The requirement of subsection (e)(1) of this section shall not prohibit an investment advisory contract which provides for compensation based upon the total value of a fund averaged over a definite period, as of definite dates, or taken as of a definite date.
  (2) The term “assignment,” as used in subsection (e)(2) of this section, includes any direct or indirect transfer or pledge without delivery or possession of an investment advisory contract by the assignor or of a controlling block of the assignor’s outstanding voting securities by a security holder of the assignor; provided, that if the investment adviser is a partnership, no assignment of an investment advisory contract shall be considered to result from the death or withdrawal of a minority of the members of the investment adviser having only a minority interest in the business of the investment adviser or from the admission to the investment adviser of one or more members who, after admission, will constitute a minority of the members and will own a minority interest in the business.
(g) An investment adviser shall not take or have custody of any securities or funds of a client if:
  (1) The Commissioner, by rule, prohibits custody; or
  (2) In the absence of rule, the investment adviser fails to notify the Commissioner that he or she has custody.
(h) The Commissioner may, by rule or order, adopt exemptions from subsections (a)(4), (e)(1), (e)(2), and (e)(3) of this section if the exemptions are consistent with the public interest and within the purposes fairly intended by the policy and provisions of this chapter.
D.C. Code § 31-807 — DC Code / Title 31 / Chapter 8 / § 31-807
§ 31-807. License continuation; expiration.
Status: repealed

Repealed.
D.C. Code § 31-2501.02 — DC Code / Title 31 / Chapter 25 / § 31-2501.02
§ 31-2501.02. Applicability of chapter.
Status: in_force

All fire, marine, and casualty insurance companies now or hereafter incorporated or formed in the District or authorized to do business in the District, all brokers and all agents and other representatives of such companies shall, to the extent hereinafter provided, be subject to this chapter; provided, that this chapter shall not affect the business of life and title insurance, and shall not affect the right or authority of any solvent company to make contracts of fidelity or surety, and shall not affect a plan under which any person provides pension benefits to his employees.
D.C. Code § 31-4325 — DC Code / Title 31 / Chapter 43 / § 31-4325
§ 31-4325. General agents, agents, or solicitors; issuance, expiration and renewal of required license; exceptions; termination of employment; information provided Superintendent deemed privileged.
Status: repealed

Repealed.
D.C. Code § 31-3931.18 — DC Code / Title 31 / Chapter 39A / § 31-3931.18
§ 31-3931.18. Rating organization.
Status: in_force

A captive insurer shall not be required to join a rating organization.
D.C. Code § 31-4446 — DC Code / Title 31 / Chapter 44 / § 31-4446
§ 31-4446. Merger or consolidation of domestic and foreign companies.
Status: in_force

(a) Foreign and domestic life companies may be merged or consolidated if the laws where each company is organized permit the merger or the consolidation.
(b) If the surviving or the new company is governed by a foreign jurisdiction, then the surviving or the new company shall comply with Chapter 45 of this subdivision, before transacting life insurance business in the District of Columbia.
(c) The surviving or the new company shall comply with § 31-202 , and maintain and appoint in the District, or not more than 10 miles beyond the territorial limits of the District, an agent for service of process and shall register with the Commissioner the address of its principal office and the name and address of its agent for service of process in the District, including any changes in address.
(d) Repealed.
(e) (1) Except as provided in paragraph (2) of this subsection, a merger or a consolidation under this section shall be the same as a merger or a consolidation of domestic companies creating a surviving or a new company governed by the District of Columbia.
  (2) If the surviving or the new company shall be governed by a foreign jurisdiction, the merger or the consolidation shall be the same as a merger or a consolidation of domestic companies except insofar as the laws of the foreign jurisdiction provide otherwise.
D.C. Code § 31-2502.22 — DC Code / Title 31 / Chapter 25 / § 31-2502.22
§ 31-2502.22. Procurement of certificate of authority by foreign or alien companies — Delivery of certain documents to Commissioner; required showings; authorized examinations.
Status: in_force

A foreign or alien company shall deliver to the Commissioner: (1) an application of the company for a certificate of authority: (2) a copy of its articles of incorporation or articles of association and amendments thereto, duly certified by the proper officer of the state or country under whose laws the company is organized or incorporated, or if reciprocal, the power of attorney of the attorney-in-fact; (3) if an alien company, a copy of the appointment and authority of its United States manager, certified by a proper officer of the company; (4) a copy of its bylaws and regulations; (5) forms of contracts and policies it proposes to issue in the District, and forms of the applications therefor, if any; (6) proof of compliance with the service of process provisions of § 31-202 ; (7) a statement of its financial condition and business as of the end of the preceding calendar year, complying as to form and verification with the requirements of this chapter for annual statements, or financial statement as of such later date as the Commissioner may require; (8) a copy of the last report of examination, certified to by an insurance commissioner or other proper supervisory official; and (9) a certificate from the proper official of the state or country wherein it is incorporated or organized, that it is duly incorporated or organized and is authorized to write the kind or kinds of insurance which it proposes to write in the District. Before a certificate of authority to transact business in the District is issued to a foreign or alien company, such company shall satisfy the Commissioner that: (1) the company is duly organized under the laws of the state or country under whose laws it professes to be organized and is authorized to do the business it is transacting or proposes to transact; (2) its name is not the same as, or so deceptively similar to, the name of any domestic company, or the name of any department of the federal government or existing corporation authorized to transact business in the District as to mislead the public or cause confusion; (3) if a stock company, it has a paid-up capital and surplus at least equal to the capital and surplus required by this chapter or if a mutual company or reciprocal, it has a surplus and provision for contingent liability of policyholders at least equal to the surplus and provision for contingent liability of policyholders required by this chapter; and (4) its funds are invested in accordance with the laws of its domicil, and in securities or property which afford a degree of financial security substantially equal to that required for similar domestic companies. Before issuing a certificate of authority to a foreign or alien company, the Commissioner may cause an examination to be made of the condition and affairs of such company.
D.C. Code § 31-3311.01 — DC Code / Title 31 / Chapter 33A / § 31-3311.01
§ 31-3311.01. Ratemaking principles and standards.
Status: in_force

(a) All insurance premium rates and fees shall be made in accordance with the principles and standards set forth in this section. Uniformity among insurers in matters within the scope of this section shall not be required or prohibited.
(b) Due consideration shall be given to:
  (1) Past and prospective loss experience within and, if necessary for actuarial credibility, outside the District;
  (2) Conflagration and catastrophe hazards, if any;
  (3) Past and prospective expenses, both within and, if necessary for actuarial credibility, outside the District;
  (4) Underwriting profits;
  (5) Contingencies;
  (6) Investment income and reserve for losses as reported by the insurer in the insurer’s financial statements;
  (7) Dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to policyholders as reported by the insurer in the insurer’s financial statements; and
  (8) All other relevant factors within and, if necessary for actuarial credibility, outside the District.
(c) Rates or fees shall not be excessive, inadequate, or unfairly discriminatory. In determining whether rates are excessive or unfairly discriminatory, the Commissioner may consider:
  (1) Historical and projected loss ratios, as described herein;
  (2) Any anticipated change in the number of enrollees if the proposed premium rate is approved;
  (3) Changes to cover benefits or health benefit plan design; and
  (4) Changes in the insurer’s health care cost and quality improvement efforts since the insurer’s last rate filing for the same category of health benefit plan.
(d) The systems of expense provisions included in the rates or fees for use by an insurer or group of insurers may differ from those of other insurers or groups of insurers to reflect the requirements of the operating methods of the insurer or group of insurers with respect to a kind of insurance or with respect to a subdivision or combination of kinds of insurance for which separate expense provisions are applicable.
(e) Except as provided for in subsection (f) of this section, for any rate filing, the carrier shall demonstrate that the product for which the rate is filed has a target medical loss ratio of 70% or greater for individual and small group policies and 75% or greater for large group policies.
(f) The Commissioner, in the Commissioner’s discretion, may approve an exemption to the target medical loss ratio set forth in subsection (e) of this section, upon receipt of justification supporting the requested exemption and after a 30-day period of public notice. Justification for a medical loss ratio of less than 70% for individual and small group policies or less than 75% for large group policies shall be based upon the following factors:
  (1) Product design or cost sharing attributes;
  (2) Expected enrollment size;
  (3) Length of time in the market;
  (4) Claims pool credibility; and
  (5) Any other relevant matter.
D.C. Code § 31-3915 — DC Code / Title 31 / Chapter 39 / § 31-3915
§ 31-3915. Tax on premiums collected.
Status: repealed

Repealed.
D.C. Code § 31-2407 — DC Code / Title 31 / Chapter 24 / § 31-2407
§ 31-2407. Priorities for the payment of personal injury protection benefits.
Status: in_force

(a) The insurer responsible for the payment of personal injury protection benefits shall be determined in accordance with, and in the order of, priorities set forth in this section. The insurer liable to pay benefits is:
  (1) The insurer providing personal injury protection insurance under which the victim is the named insured; or
  (2) The insurer providing personal injury protection with respect to the motor vehicle in which, at the time of the accident, the victim is present.
(b) If 2 or more obligations to pay personal injury protection benefits apply equally to an injury, the insurer against which the claim is asserted first shall process and pay the claim as if wholly responsible, subject to subsequent contribution pro rata from any other insurer for the amount of benefits paid and for the cost of processing the claim.
D.C. Code § 31-2502.25 — DC Code / Title 31 / Chapter 25 / § 31-2502.25
§ 31-2502.25. Premiums of mutual companies.
Status: in_force

The maximum premium shall be expressed in the policy of a mutual company, and it may be solely a cash premium, or may be a cash premium and an additional contingent premium, which contingent premium shall be not less than the cash premium, but no mutual company, except as otherwise provided in § 31-2502.14 , shall issue any policy for a cash premium without an additional contingent premium until and unless it possesses a surplus of not less than $600,000.
D.C. Code § 31-2304 — DC Code / Title 31 / Chapter 23 / § 31-2304
§ 31-2304. Authorization and execution of domestication agreement.
Status: in_force

(a) A domestication agreement shall be authorized, adopted, approved, executed, and acknowledged by the Non-U.S. insurer under the laws of the country where it is organized.
(b) A domestication agreement shall also be approved, adopted, and authorized by the acquiring insurer’s board of directors, executed by its president or any vice president, and attested by its secretary or assistant secretary under its corporate seal, or, in the case of a foreign insurer, as otherwise provided in the laws of the state of its organization.
D.C. Code § 31-2602.23 — DC Code / Title 31 / Chapter 26 / § 31-2602.23
§ 31-2602.23. Unauthorized transaction of insurance business.
Status: repealed

Repealed.
D.C. Code § 31-1320 — DC Code / Title 31 / Chapter 13 / § 31-1320
§ 31-1320. Notice to creditors and others.
Status: in_force

(a) Unless the court otherwise directs, the liquidator shall give, or cause to be given, notice of the liquidation order as soon as possible:
  (1) By first class mail and either by telegram or telephone to the insurance commissioner of each jurisdiction in which the insurer is doing business;
  (2) By first class mail to any guaranty association or foreign guaranty association which is or may become obligated as a result of the liquidation;
  (3) By first class mail to all insurance agents of the insurer;
  (4) By first class mail to all persons known or reasonably expected to have claims against the insurer, including all policyholders, at their last known address as indicated by the records of the insurer; and
  (5) By publication in a newspaper of general circulation in the county in which the insurer has its principal place of business and in other locations the liquidator deems appropriate.
(b) Notice to potential claimants under subsection (a) of this section shall require claimants to file with the liquidator their claims, together with proper proofs under § 31-1334 , on or before a date the liquidator shall specify in the notice. Although an earlier date may be set by the liquidator, the last day to file claims shall be no later than 18 months following the order of liquidation. The liquidator need not require persons claiming cash surrender values or other investment values in life insurance and annuities to file a claim. All claimants shall have a duty to keep the liquidator informed of any changes of address.
(c) (1) Notice under subsection (a) of this section to agents of the insurer and to potential claimants who are policyholders shall include, where applicable, notice that coverage by state guaranty associations may be available for all or part of policy benefits in accordance with applicable state guaranty laws.
  (2) The liquidator shall promptly provide to the guaranty associations any information concerning the identities and addresses of the policyholders and their policy coverages as may be within the liquidator’s possession or control, and otherwise cooperate with guaranty associations to assist them in providing to the policyholders timely notice of the guaranty associations’ coverage of policy benefits, including, as applicable, coverage of claims and continuation or termination of coverages.
(d) If notice is given in accordance with this section, the distribution of assets of the insurer under this chapter shall be conclusive with respect to all claimants, whether or not they received notice.
D.C. Code § 31-4121.09 — DC Code / Title 31 / Chapter 41A / § 31-4121.09
§ 31-4121.09. Rulemaking.
Status: in_force

The Commissioner, pursuant to subchapter I of Chapter 5 of Title 2 , may issue rules to implement the provisions of this chapter .
D.C. Code § 31-3161 — DC Code / Title 31 / Chapter 31C / § 31-3161
§ 31-3161. Prohibition on gender-based discrimination in rate making.
Status: in_force

(a) For the purposes of this section, the term “health benefit plan” shall have the same meaning as provided in § 31-3001(1) .
(b) An individual health benefit plan offered, sold, issued, or renewed to a District resident shall not have a premium rate, or any other underwriting decision, determined through a method that is in any way based upon the gender or sex of a person covered under the health benefit plan.
(c) Each individual health benefit plan offered, sold, issued, or renewed in the District shall provide hospitalization benefits for childbirth to the same extent as benefits provided in the policy for any covered illness. In addition to the provisions of this subsection and subsection (c) of this section, if a mother is required to remain hospitalized after childbirth for medical reasons and the mother requests that the newborn remain in the hospital, the individual health benefit plan shall pay the cost of additional hospitalization for the newborn for up to 4 days.
(d) Each individual health benefit plan offered, sold, issued, or renewed in the District shall provide coverage for the cost of inpatient hospitalization services for a mother and newborn child for a minimum of:
  (1) Forty-eight hours of inpatient hospitalization care after an uncomplicated vaginal delivery; and
  (2) Ninety-six hours of inpatient hospitalization care after an uncomplicated cesarean section.
(e) A mother may request a shorter length of stay than that provided in subsection (c) of this section if the mother decides, in consultation with the mother’s attending provider, that less time is needed for recovery.
(f) (1) For a mother and newborn child who have a shorter hospital stay than that provided under subsection (c) of this section, the individual health benefit plan shall provide coverage for:
    (A) One home visit scheduled to occur within 24 hours after hospital discharge; and
    (B) An additional home visit if prescribed by the mother’s attending provider.
  (2) For a mother and newborn child who remain in the hospital for at least the length of time provided under subsection (c) of this section, the individual health benefit plan shall provide coverage for a home visit if prescribed by the mother’s attending provider.
  (3) A home visit under paragraph (1) or (2) of this subsection shall:
    (A) Be provided in accordance with generally accepted standards of nursing practice for home care of a mother and newborn child;
    (B) Be provided by a registered nurse with at least one year of experience in maternal and child health nursing or community health nursing with an emphasis on maternal and child health; and
    (C) Include any services required by the mother’s attending provider.
D.C. Code § 31-1373.04 — DC Code / Title 31 / Chapter 13A / § 31-1373.04
§ 31-1373.04. Rated credit instruments.
Status: in_force

(a) Subject to the limitations of § 31-1373.03(b) and subsection (f) of this section, but not to the limitations of § 31-1373.03(a) , an insurer may acquire rated credit instruments issued, assumed, guaranteed, or insured by:
  (1) The United States; or
  (2) A government-sponsored enterprise of the United States if the instruments of the government-sponsored enterprise are assumed, guaranteed, or insured by the United States or are otherwise backed or supported by the full faith and credit of the United States.
(b) (1) Subject to the limitations of § 31-1373.03(b) , but not to the limitations of § 31-1373.03(a) , an insurer may acquire rated credit instruments issued, assumed, guaranteed, or insured by:
    (A) Canada; or
    (B) A government-sponsored enterprise of Canada if the instruments of the government-sponsored enterprise are assumed, guaranteed, or insured by Canada or are otherwise backed or supported by the full faith and credit of Canada;
  (2) An insurer shall not acquire an instrument under this subsection if, as a result of and after giving effect to the investment, the aggregate amount of investments held by the insurer under this subsection would exceed 40% of its admitted assets.
(c) (1) Subject to the limitations of § 31-1373.03(b) and paragraph (2) of this subsection, but not to the limitations of § 31-1373.03(a) , an insurer may acquire rated credit instruments, excluding asset-backed securities:
    (A) Issued by a government money market mutual fund, a class one money market mutual fund, or a class one bond mutual fund;
    (B) Issued, assumed, guaranteed, or insured by a government-sponsored enterprise of the United States other than those eligible under subsection (a) of this section;
    (C) Issued, assumed, guaranteed, or insured by a state if the instruments are general obligations of the state; or
    (D) Issued by a multilateral development bank.
  (2) An insurer shall not acquire an instrument of any fund, enterprise, or entity, or state under this subsection if, as a result of and after giving effect to the investment, the aggregate amount of investments held in any one fund, enterprise or entity or state under this subsection would exceed 10% of its admitted assets.
(d) Subject to the limitations of § 31-1373.03 , an insurer may acquire preferred stocks that are not foreign investments and that meet the requirements of rated credit instruments if, as a result of and after giving effect to the investment:
  (1) The aggregate amount of preferred stocks held by the insurer under this subsection does not exceed 20% of its admitted assets; and
  (2) The aggregate amount of preferred stocks held by the insurer under this subsection which are not sinking fund stocks or rated P1 or P2 by the SVO does not exceed 10% of its admitted assets.
(e) Subject to the limitations of § 31-1373.03 , in addition to those investments eligible under subsections (a), (b), (c), and (d) of this section, an insurer may acquire rated credit instruments that are not foreign investments.
(f) Notwithstanding any other provision of this section, an insurer shall not acquire special rated credit instruments under this section if, as a result of and after giving effect to the investment, the aggregate amount of special rated credit instruments held by the insurer would exceed 5% of its admitted assets.
(g) For purposes of this section, obligations of Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, and other mortgage related securities as defined in section 106 of the Secondary Mortgage Market Enhancement Act of 1984, approved October 3, 1984 (98 Stat. 1691; 15 U.S.C. § 77r-1 ), may be acquired to the same extent as allowed under subsection (a) of this section, whether or not they are rated credit instruments authorized in § 31-1373.04(a) .
D.C. Code § 31-1610 — DC Code / Title 31 / Chapter 16 / § 31-1610
§ 31-1610. Prohibition against discrimination in use of AIDS tests.
Status: in_force

(a) No insurer shall inquire about the sexual orientation  or gender identity or expression of an applicant in an application for health, life, or disability income insurance coverage or in an investigation conducted by an insurer or insurance support organization on behalf of an insurer in connection with an application for the coverage.
(b) Sexual orientation or gender identity or expression, shall not be used as a factor in the underwriting process or in the determination of insurability.
(c) Insurance support organizations shall be directed by insurers not to investigate, directly or indirectly, the sexual orientation or gender identity or expression of a proposed insured.
(d) An insurance company shall not use sexual orientation, gender identity or expression, lifestyle, living arrangements, occupation, gender, or beneficiary designation to determine whether to test an individual who applies for life, health, or disability income insurance.
D.C. Code § 31-3135 — DC Code / Title 31 / Chapter 31A / § 31-3135
§ 31-3135. Claims payment report.
Status: in_force

A health insurer shall include with its annual report filed with the Commissioner a claims payment report to include the:
(1) Number of claims received in the previous calendar year;
(2) Number of claims denied in the previous calendar year;
(3) Number of claims paid:
  (A) In the previous calendar year;
  (B) In 30 days;
  (C) In 60 days;
  (D) In 120 days; and
  (E) In more than 120 days; and
(4) Average number of days to pay a claim submitted in the previous calendar year.
D.C. Code § 31-1202 — DC Code / Title 31 / Chapter 12 / § 31-1202
§ 31-1202. Establishment of the Insurance Regulatory Trust Fund; funding; uses; budget.
Status: in_force

(a) There is established within the General Fund of the District of Columbia a trust fund designated as the Insurance Regulatory Trust Fund, to which shall be credited all funds obtained pursuant to this chapter and Chapter 52A of this title without regard to fiscal year limitation. All monies and interest earned on monies deposited in the Insurance Regulatory Trust Fund shall be credited to the Fund and used solely for the purpose of this chapter and Chapter 52A of this title . Insurers and health maintenance organizations will be assessed separately. The funds obtained from assessments on insurance companies and health maintenance organizations will not be commingled within the Trust Fund, and separate accounts will be maintained within the Trust Fund in order to properly allocate assessment revenue and expenditures to insurers and health maintenance organizations.
(b) Subject to the applicable laws relating to the appropriation of District funds, monies received and deposited in the Insurance Regulatory Trust Fund or a division thereof, shall be used to defray the expenses of the Department of Insurance, Securities, and Banking in the discharge of its administrative and regulatory duties as prescribed by law. These monies shall be deemed to include all administrative costs for regulating insurers and health maintenance organizations doing business in the District of Columbia, and no other assessments shall be charged for such purpose after the effective date of this chapter. The Mayor shall be responsible for the deposit and expenditure of these monies as provided by law.
(b-1) (1) There is established a separate account within the Insurance Regulatory Trust Fund for the purpose of funding the expenses of the Department of Insurance, Securities, and Banking in the discharge of all of its administrative, regulatory, and marketing functions under Chapter 39A of this title . All fees, fines, penalties, assessments, and other funds received by the Commissioner under Chapter 39A of this title and regulations promulgated thereunder, shall be deposited in, and credited to, the account. The Mayor shall be responsible for the deposit and expenditure of these monies as provided by law. At the end of each fiscal year, any funds in the account shall revert to the General Fund of the District of Columbia.
  (2) Captive insurance companies conducting business in the District under Chapter 39A of this title shall be exempt from the assessments imposed on insurers and health maintenance organizations under § 31-1203 .
(b-2) (1) There is established a separate account within the Insurance Regulatory Trust Fund for the purpose of administering Chapter 1A of Title 44 , and for the reasonable expenses incurred in promoting the continuing care retirement community industry in the District. Continuing care retirement community providers conducting business in the District under Chapter 1A of Title 44 ,  shall be exempt from the assessments imposed on insurers and health maintenance organizations under § 31-1203 . All fees, fines, penalties, and assessments received by the Commissioner under the administration of Chapter 1A of Title 44 , shall be deposited in, and credited to, the Account.
  (2) Subject to the applicable law relating to the appropriation of District funds, all funds in the Continuing Care Retirement Community Regulatory and Supervision Trust Fund Account shall be disbursed only upon the approval of the Commissioner.
  (3) At the end of each fiscal year, any funds in the Continuing Care Retirement Community Regulatory and Supervision Fund Account shall be applied against the budget for the ensuing year.
(c) (1) The Mayor shall submit to the Council, as a part of the annual budget, a requested appropriation for expenditures from the Insurance Regulatory Trust Fund. Any monies received but not expended in a given fiscal year shall be retained by the Fund and applied against the budget for the ensuing year, and the assessments for that year reduced accordingly.
  (2) The Mayor’s request shall be based on an estimated projection of the expenditures necessary to perform the administrative and regulatory functions of the Insurance Administration. This estimate shall include, but not be limited to, expenditures for salaries, fringe benefits, overhead charges, travel, training, supplies, technical, professional, and any and all other services necessary to discharge the duties and responsibilities of administering the insurance laws of the District of Columbia.
(d) The Council of the District of Columbia shall approve and establish the budget of the Insurance Regulatory Trust Fund in the same manner and at the same level of detail as approved and established for departments and agencies under the administrative control of the Mayor as provided in § 1-204.04(f) .
D.C. Code § 31-2502.32 — DC Code / Title 31 / Chapter 25 / § 31-2502.32
§ 31-2502.32. Procedure for obtaining licenses.
Status: repealed

Repealed.
D.C. Code § 31-4803 — DC Code / Title 31 / Chapter 48 / § 31-4803
§ 31-4803. Policies — Incontestability.
Status: in_force

Every such policy shall be incontestable upon any ground relating to health after 2 years from its date of issue (notwithstanding a longer period may be named therein), provided the insured shall be alive at the end of said period. If the policy by its terms shall be incontestable after a shorter period than herein provided the terms of the policy with regard to such period of limitation shall govern.
D.C. Code § 31-2103 — DC Code / Title 31 / Chapter 21 / § 31-2103
§ 31-2103. Judicial review.
Status: in_force

Any order or decision of the Mayor shall be subject to review in accordance with § 2-510 , at the request of any person suffering a legal wrong or whose interests are adversely affected or aggrieved by the order or decision of the Mayor.
D.C. Code § 31-3932.05 — DC Code / Title 31 / Chapter 39A / § 31-3932.05
§ 31-3932.05. Capital and surplus.
Status: in_force

(a) In addition to any other capital required to be maintained pursuant to subsection (c) of this section, an SPFC authorized to do business in the District shall at all times maintain a minimum unimpaired capital of $100,000.
(b) Except as otherwise provided by the Commissioner pursuant to subsection (c) of this section, the capital required to be maintained pursuant to this section shall be in the form of cash or an irrevocable letter of credit.
(c) The Commissioner may require an SPFC, including each protected cell, to maintain additional unimpaired capital based on the type, volume, and nature of the insurance business that is transacted by the SPFC and may determine the amount of capital, if any, that may be in the form of an irrevocable letter of credit.
(d) A letter of credit used by an SPFC or segregated account as evidence of capital required pursuant to this section shall:
  (1) Be issued by a bank chartered in the District or by a branch of a bank located in the District if such bank is a member of the United States Federal Reserve System, or its deposits are insured by the Federal Deposit Insurance Corporation;
  (2) Be issued on a form approved by the Commissioner; and
  (3) Include a provision pursuant to which the letter of credit is automatically renewed each year.
(e) An SPFC shall not be issued a certificate of authority, and shall not hold a certificate of authority, unless the SPFC has and maintains, in addition to any other surplus required to be maintained pursuant to subsection (g) of this section, an unencumbered surplus of not less than $150,000.
(f) Except as otherwise provided by the Commissioner pursuant to subsection (c) of this section, the surplus required to be maintained pursuant to this section shall be in the form of cash or an irrevocable letter of credit.
(g) The Commissioner may prescribe additional requirements relating to surplus based on the type, volume, and nature of the insurance business that is transacted by an SPFC or protected cell and requirements regarding which surplus, if any, may be in the form of an irrevocable letter of credit.
(h) A letter of credit used by an SPFC or segregated account as evidence of surplus required pursuant to this section shall meet the same requirements as a letter of credit issued for paid in capital found subsection (d) of this section.
D.C. Code § 31-756 — DC Code / Title 31 / Chapter 7 / § 31-756
§ 31-756. Applicability; membership interest; powers.
Status: in_force

(a) A membership interest in a mutual insurance holding company shall not constitute an equity security as defined in § 31-603 .
(b) A mutual insurance holding company created under this subchapter shall have the same powers to borrow or assume liability as a reciprocal insurance company organized under District law.
D.C. Code § 31-5415 — DC Code / Title 31 / Chapter 54 / § 31-5415
§ 31-5415. Stay of proceedings; reopening default judgments.
Status: in_force

(a) All proceedings in which the insolvent insurer is a party in any court in the District of Columbia shall be stayed 180 days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal action by the Association on any matters germane to its powers or duties.
(b) As to judgment under any decision, order, verdict, or finding based on default, the Association may apply to have the judgment set aside by the same court that made the judgment and shall be permitted to defend against the suit on the merits.
D.C. Code § 31-2602.06 — DC Code / Title 31 / Chapter 26 / § 31-2602.06
§ 31-2602.06. Reinsurance of risks.
Status: repealed

Repealed.
D.C. Code § 31-3756 — DC Code / Title 31 / Chapter 37 / § 31-3756
§ 31-3756. Filing requirements; master policy and certificate.
Status: repealed

Repealed.
D.C. Code § 31-3134 — DC Code / Title 31 / Chapter 31A / § 31-3134
§ 31-3134. Provider panels.
Status: in_force

(a) Except for Medicaid and Medicare provider panels, if a provider panel contract between a provider and a health insurer, or other entity that provides hospital, physician, or other health care services to a health insurer, require a provider, as a condition of participating in one of the health insurer’s or other entity’s provider panels, to participate in any other provider panel owned or operated by the health insurer or other entity, the contract shall contain a provision permitting the provider to refuse participation in one or more of the other provider panels at the time the contract is executed or renewed. The status of a physician as a member of, or as being eligible for, other existing or new provider panels shall not be adversely affected by the exercise of the right to refuse participation.
(b) If a provider elects to terminate participation on a provider panel of a health insurer or entity that provides hospital, physicians, or health services to a health insurer, the provider shall:
  (1) Notify the health insurer at least 90 days before termination; and
  (2) For at least 90 days after the date of notice of termination, continue to furnish health care services to an enrollee of a health insurer for whom the provider was responsible for the delivery of health care services prior to the notice of termination.