D.C. Code § 31-3301.01 — DC Code / Title 31 / Chapter 33 / § 31-3301.01
§ 31-3301.01. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Affiliation period” means a period which, under the terms of the health insurance coverage offered by a health maintenance organization, must expire before the health insurance coverage becomes effective. The health maintenance organization is not required to provide health care services or benefits during such period and no premium shall be charged to the participant or beneficiary for any coverage during the period. Such period shall begin on the enrollment date. An affiliation period under a plan shall run concurrently with any waiting period under the plan.
(2) “Beneficiary” has the meaning given such term under section 3(8) of the Employee Retirement Income Security Act of 1974, approved September 2, 1974 (88 Stat. 834; 29 U.S.C. § 1002(8)).
(3) “Bona fide association” means, with respect to health insurance coverage offered in the District of Columbia, an association which:
  (A) Has been actively in existence for at least 5 years;
  (B) Has been formed and maintained in good faith for purposes other than obtaining insurance;
  (C) Does not condition membership in the association on any health status-related factor relating to an individual (including an employee of an employer or a dependent of an employee);
  (D) Makes health insurance coverage offered through the association available to all members regardless of any health status-related factor relating to such members (or individuals eligible for coverage through a member);
  (E) Does not make health insurance coverage offered through the association available other than in connection with a member of the association;
  (E-i) Is domiciled and has its principal offices within the District;
  (E-ii) Does not expand its membership based on geography; and
  (F) Meets such additional requirements as may be imposed by the Commissioner by rule.
(4) “Certification” means a written certification of the period of creditable coverage applicable to an individual.
(5) “Church plan” has the meaning given such term under section 3(33) of the Employee Retirement Income Security Act of 1974, approved September 2, 1974 (88 Stat. 838; 29 U.S.C. § 1002(33)).
(6) “COBRA continuation provision” means any of the following:
  (A) Section 3011(a) of the Internal Revenue Code of 1986, approved November 10, 1988 (102 Stat. 3616; 26 U.S.C. § 4980B), other than subsection (f)(1) of such section insofar as it relates to pediatric vaccines;
  (B) Part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, approved April 7, 1986 (100 Stat. 227; 29 U.S.C. § 1161 et seq.), other than section 609 of such Act; or
  (C) Title XXII of the Public Health Service Act, approved July 1, 1994 (100 Stat. 232; 42 U.S.C. §  300bb-1 et seq.).
(7) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.
(8) (A) “Creditable coverage” means, with respect to an individual, coverage of the individual under any of the following:
    (i) A group health plan;
    (ii) Health insurance coverage;
    (iii) Part A or B of title XVIII of the Social Security Act, approved July 30, 1965 (79 Stat. 291; 42 U.S.C. § 1395c et seq. or 42 U.S.C. §  1395j et seq., respectively);
    (iv) Title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396 et seq.), other than coverage consisting solely of benefits under section 1928;
    (v) Chapter 55 of Title 10, United States Code (10 U.S.C. § 1071 et seq.);
    (vi) A medical care program of the Indian Health Service or of a tribal organization;
    (vii) A state health benefits risk pool;
    (viii) A health plan offered under Chapter 89 of Title 5, United States Code (5 U.S.C. § 8901 et seq.);
    (ix) A public health plan (as defined in regulations); or
    (x) A health benefit plan under section 5(e) of the Peace Corps Act, approved September 22, 1961 (75 Stat. 614; 22 U.S.C. § 2504(e)).
  (B) “Creditable coverage” does not include coverage consisting solely of coverage of excepted benefits.
(9) “Dependent” means the spouse or child of an eligible employee, subject to the applicable terms of the policy, contract, or plan covering the eligible employee.
(9A) “Domestic partnership” shall have the same meaning as provided in § 32-701(4) .
(10) “Eligible employee” means an employee who works for a small group employer on a full-time basis, has a normal work week of 30 or more hours, has satisfied applicable waiting period requirements, and is not a part-time, temporary, or substitute employee.
(11) “Eligible individual” means an individual:
  (A) (i) For whom, as of the date on which the individual seeks individual coverage under this chapter, the aggregate of the periods of creditable coverage is 18 or more months, and (ii) whose most recent prior creditable coverage was under a group health plan, governmental plan, church plan, or health insurance coverage offered in connection with any such plan;
  (B) Who is not eligible for coverage under (i) a group health plan, (ii) part A or part B of title XVIII of the Social Security Act, or (iii) a state plan under title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396 et seq.), or any successor program, and does not have other health insurance coverage;
  (C) With respect to whom the most recent coverage within the coverage period described in subparagraph (A) of this paragraph was not terminated based on a factor described in § 31-3302.05(b) relating to nonpayment of premiums or fraud;
  (D) If the individual had been offered the option of continuation coverage under a COBRA continuation provision or under a similar state program, who elected such coverage; and
  (E) Who, if the individual elected such continuation coverage, has exhausted such continuation coverage under such provision or program.
(12) “Employer” has the meaning given such term under section 3(5) of the Employee Retirement Income Security Act of 1974, approved September 12, 1974 (88 Stat. 834; 29 U.S.C. § 1002(5)), as such section and its implementing regulations were in effect on December 15, 2017, except that such term shall include only employers of 2 or more employees.
(13) “Enrollment date” means, with respect to an eligible individual covered under a group health plan or health insurance coverage, the date of enrollment of the eligible individual in the plan or coverage or, if earlier, the first day of the waiting period for such enrollment.
(14) “Established geographic service area” means the District of Columbia.
(15) “Excepted benefits” means benefits under one or more of the following:
  (A) Benefits not subject to the requirements of this chapter include:
    (i) Coverage only for accident, or disability income insurance, or any combination thereof;
    (ii) Coverage issued as a supplement to liability insurance;
    (iii) Liability insurance, including general liability insurance and automobile liability insurance;
    (iv) Workers’ compensation or similar insurance;
    (v) Medical expense and loss of income benefits;
    (vi) Credit-only insurance;
    (vii) Coverage for on-site medical clinics; and
    (viii) Other similar insurance coverage, as specified in regulations, under which benefits for medical care are secondary or incidental to other insurance benefits;
  (B) Benefits not subject to the requirements of this chapter if offered separately include:
    (i) Limited scope dental or vision benefits so long as the benefits are offered in a manner not inconsistent with applicable federal law;
    (ii) Benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof; and
    (iii) Other similar, limited benefit plans as specified in regulations;
  (C) Benefits not subject to the requirements of this chapter if offered as independent, non-coordinated benefits, supplemental to minimum essential coverage include:
    (i) Coverage only for a specified disease or illness; and
    (ii) Hospital indemnity or other fixed indemnity insurance; and
  (D) Benefits not subject to the requirements of this chapter if offered as a separate insurance policy include:
    (i) Medicare supplemental health insurance (as defined under section 1882(g)(1) of the Social Security Act, approved June 9, 1980 (72 Stat. 1445; 42 U.S.C. § 1395ss(g)(1));
    (ii) Coverage supplemental to the coverage provided under Chapter 55 of Title 10, United States Code (10 U.S.C. § 1071et seq.); and
    et seq.
    (iii) Similar supplemental coverage provided under a group health plan.
  (E) The term “excepted benefits” does not include any combination of benefits described in subparagraphs (A)(i), B(i), (C)(i) or (C)(ii) of this paragraph.
(16) “Federal governmental plan” means a governmental plan established or maintained for its employees by the government of the United States or by an agency or instrumentality of such government.
(17) “Governmental plan” has the meaning given such term under section 3(32) of the Employee Retirement Income Security Act of 1974, approved September 2, 1974 (88 Stat. 837; 29 U.S.C. § 1002(32)) and any federal governmental plan.
(18) “Group health insurance coverage” means health insurance coverage offered in connection with a group health plan.
(19) “Group health plan” means an employee welfare benefit plan (as defined in section 3(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. § 1002(1)), as such section and its implementing regulations were in effect on December 15, 2017, 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.
(19A) “Health Benefit Exchange Authority Establishment Act” means Chapter 31D of this title [ § 31-3171.01 et seq.].
(20) “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.
(21) “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.
(22) “Health insurer” means any person that provides one or more health benefit plans or insurance in the District of Columbia, 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.
(23) “Health maintenance organization” means:
  (A) A federally qualified health maintenance organization;
  (B) An organization recognized under the laws of the District of Columbia as a health maintenance organization; or
  (C) A similar organization regulated under the laws of the District of Columbia for solvency in the same manner and to the same extent as such a health maintenance organization.
(24) “Health status-related factor” means the following in relation to the individual or a dependent eligible for coverage under a group health plan or health insurance coverage offered by a health insurer:
  (A) Health status;
  (B) Medical condition (including both physical and mental illnesses);
  (C) Claims experience;
  (D) Receipt of health care;
  (E) Medical history;
  (F) Genetic information;
  (G) Evidence of insurability (including conditions arising out of acts of domestic violence); or
  (H) Disability.
(25) “High level policy form” means a policy or plan under which the actuarial value of the benefit under the coverage is:
  (A) At least 15% greater than the actuarial value of the low level policy form coverage offered by the carrier in the District of Columbia; and
  (B) At least 100%, but not greater than 120%, of the weighted average.
(26) “Individual health insurance coverage” means health insurance coverage offered to individuals in the individual market, which includes a health benefit plan provided to individuals through a trust arrangement, association, or other discretionary group that is not an employer plan, but does not include coverage defined as excepted benefits. The term “individual health insurance coverage” does not include short-term limited duration coverage.
(27) “Individual market” means the market for health insurance coverage offered to individuals other than in connection with a group health plan.
(28) “Initial enrollment period” means a period of at least 30 days.
(29) (A) (i) Except as provided in sub-subparagraph (ii) of this subparagraph, “large employer” means, in connection with a group health plan with respect to a calendar year and a plan year, a single employer that employed an average of at least 51 employees on business days during the preceding calendar year and at least 2 employees on the first day of the plan year.
    (ii) Beginning in calendar year 2016 and for each succeeding year, “large employer” means, in connection with a group health plan with respect to a calendar year and a plan year, a single employer that employed an average of at least 101 employees on business days during the preceding calendar year and at least 2 employees on the first day of the plan year.
  (B) For the purposes of this paragraph:
    (i) All persons treated as a single employer under section 414(b), (c), (m), or (o) of the Internal Revenue Code of 1986, approved October 22, 1986 (100 Stat. 2085; 26 U.S.C. § 414(b), (c), (m), or (o)), shall be treated as a single employer;
    (ii) An employer and any predecessor employer shall be treated as a single employer;
    (iii) All employees shall be counted, including part-time employees and employees who are not eligible for health benefit coverage through the employer; and
    (iv) If an employer was not in existence throughout the preceding calendar year, the determination of whether that employer is a large employer shall be based on the average number of employees that the employer is reasonably expected to employ in the current calendar year.
(30) “Large group market” means the health insurance market under which individuals obtain health insurance coverage (directly or through any arrangement) on behalf of themselves (and their dependents) through a group health plan maintained by a large employer or through a health insurer.
(31) “Late enrollee” means an eligible employee or dependent who requests enrollment in a group health benefit plan after the initial enrollment period provided under the terms of the group health benefit plan, or a participant or beneficiary who enrolls under the plan other than during (i) the first period in which the individual is eligible to enroll under the plan, or (ii) a special enrollment period as required pursuant to this statute. An eligible employee or dependent shall not be considered a late enrollee if all of the conditions set forth below in subparagraphs (A) through (D) of this paragraph are met, or one of the conditions set forth below in subparagraphs (E) or (F) of this paragraph is met:
  (A) The individual was covered under a public or private health benefit plan at the time the individual was eligible to enroll;
  (B) The individual certified at the time of initial enrollment that coverage under another health benefit plan was the reason for declining enrollment;
  (C) The individual has lost coverage under a public or private health benefit plan as a result of termination of employment or employment status eligibility, the termination of the other plan’s entire group coverage, death of a spouse, or divorce;
  (D) The individual requests enrollment within 30 days after termination of coverage provided under a public or private health benefit plan;
  (E) The individual is employed by a small employer that offers multiple health benefit plans and the individual elects a different plan offered by that small employer during an open enrollment period; or
  (F) A court has ordered that coverage be provided for a spouse or minor child under a covered employee’s health benefit plan, the minor is eligible for coverage and is a dependent, and the request for enrollment is made within 30 days after issuance of such court order. However, such individual may be considered a late enrollee for benefit riders or enhanced coverage levels not covered under the enrollee’s prior plan.
(32) “Low level policy form” means a policy or plan under which the actuarial value of the benefit under the coverage is at least 85%, but not greater than 100%, of the weighted average.
(33) “Medical care” means amounts paid for the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body.
(34) “Network plan” means health insurance coverage of a health insurer under which the financing and delivery of medical care (including items and services paid for as medical care) are provided, in whole or in part, through a defined set of providers under contract with the health insurer.
(35) “Nonfederal governmental plan” means a governmental plan that is not a federal governmental plan.
(36) “Participant” has the meaning given such term under section 3(7) of the Employee Retirement Income Security Act of 1974, approved September 2, 1974 (88 Stat. 834; 29 U.S.C. § 1002(7)).
(37) “Placed for adoption”, “placement”, or “being placed for adoption”, in connection with any placement for adoption of a child with any person, means the assumption and retention by such person of a legal obligation for total or partial support of such child in anticipation of adoption of such child. The child’s placement with such person terminates upon the termination of such legal obligation.
(38) “Plan sponsor” has the meaning given such term under section 3(16)(B) of the Employee Retirement Income Security Act of 1974, approved September 2, 1974 (88 Stat. 835; 29 U.S.C. § 1002(16)(B)).
(39) “Preexisting condition exclusion” means, with respect to coverage, a limitation or exclusion of benefits relating to a condition based on the fact that the condition was present before the first day of coverage, whether or not any medical advice, diagnosis, care, or treatment was recommended or received before that day. Genetic information shall not be treated as a preexisting condition in the absence of a diagnosis of the condition related to such information.
(40) “Preexisting conditions provision” means a provision in a health benefit plan that limits, denies, or excludes benefits for an enrollee for expenses or services related to a preexisting condition.
(41) “Premium” means all moneys paid by a small employer and eligible employees as a condition of coverage from a health insurer, including fees and other contributions associated with the health benefit plan.
(42) (A) (i) Except as provided in sub-subparagraph (ii) of this subparagraph, “small employer” means a single employer that employed an average of not more than 50 employees during the preceding calendar year.
    (ii) Beginning in calendar year 2016 and for each succeeding year, “small employer” means a single employer that employed an average of not more than 100 employees during the preceding calendar year.
  (B) For the purposes of this paragraph:
    (i) All persons treated as a single employer under section 414(b), (c), (m), or (o) of the Internal Revenue Code of 1986, approved October 22, 1986 (100 Stat. 2085; 26 U.S.C. § 414(b), (c), (m), or (o)), shall be treated as a single employer;
    (ii) An employer and any predecessor employer shall be treated as a single employer;
    (iii) All employees shall be counted, including part-time employees and employees who are not eligible for health benefit coverage through the employer; and
    (iv) If an employer was not in existence throughout the preceding calendar year, the determination of whether that employer is a small employer shall be based on the average number of employees that the employer is reasonably expected to employ in the current calendar year.
(43) “State” means each of the several states, and the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.
(44) “Waiting period” means, with respect to a group health plan or health insurance coverage provided by a health insurer and an individual who is a potential participant or beneficiary in the plan, the period that must pass with respect to the individual before the individual is eligible to be covered for benefits under the terms of the plan.
(45) (A) “Weighted average” means the average actuarial value of the benefits provided by:
    (i) All the health insurance coverages issued (as elected by the health insurer) either by that health insurer or by all health insurers in the District of Columbia in the individual market during the previous calendar year (not including coverage issued under this section), weighted by enrollment for the different coverages; or
    (ii) All the health insurance coverages issued by all health insurers in the District of Columbia in the individual market, if the data are available, during the previous calendar year, weighted by enrollment for the different coverages.
  (B) The term “weighted average” does not include coverages issued pursuant to § 31-3302.01(d)(1) .
  (C) The health insurer shall elect biennially, as provided in § 31-3302.01(d)(3) , whether to calculate the weighted average using the methodology in subparagraph (A)(i) or (ii) of this paragraph.
D.C. Code § 31-1302 — DC Code / Title 31 / Chapter 13 / § 31-1302
§ 31-1302. Applicability.
Status: in_force

The proceedings authorized by this chapter may be applied to:
(1) All insurers who are doing, or have done, an insurance business in the District, and against whom claims arising from that business may exist now or in the future;
(2) All insurers who purport to do an insurance business in the District;
(3) All insurers who have insureds resident in the District;
(4) All other persons organized or in the process of organizing with the intent to do an insurance business in the District;
(5) All title insurance companies subject to the laws of the District;
(6) All prepaid health care delivery plans;
(7) All nonprofit service plans and all fraternal benefit societies and beneficial societies; and
(8) All insurers making contracts of fidelity or surety contracts or other negotiations preliminary to the executions of the contracts.
D.C. Code § 31-1372.10 — DC Code / Title 31 / Chapter 13A / § 31-1372.10
§ 31-1372.10. Derivative transactions.
Status: in_force

(a) An insurer may, directly or indirectly through an investment subsidiary, engage in derivative transactions under this section, subject to the requirements of this section.
(b) (1) An insurer may use derivative instruments under this section to engage in hedging transactions and certain income generation transactions, as these terms may be further defined in regulations promulgated by the Commissioner.
  (2) An insurer shall be able to demonstrate to the Commissioner the intended hedging characteristics and the ongoing effectiveness of the derivative transaction, or combination of the transactions, through cash flow testing or other appropriate analyses.
(c) An insurer may enter into hedging transactions under this section if, as a result of and after giving effect to the transaction:
  (1) The aggregate statement value of options, caps, floors, and warrants not attached to another financial instrument purchased and used in hedging transactions does not exceed 7.5% of its admitted assets;
  (2) The aggregate statement value of options, caps, and floors written in hedging transactions does not exceed 3% of its admitted assets; and
  (3) The aggregate potential exposure of collars, swaps, forwards, and futures used in hedging transactions does not exceed 6.5% of its admitted assets.
(d) An insurer may enter into the following types of income generation transactions if, as a result of and after giving effect to the transactions, the aggregate statement value of the fixed income assets that are subject to call or that generate the cash flow for payments under the caps or floors, the face value of fixed income securities underlying a derivative instrument subject to call, and the amount of the purchase obligations under the puts, do not exceed 10% of its admitted assets:
  (1) Sales of covered call options on non-callable fixed income securities, callable fixed income securities if the option expires by its terms prior to the end of the noncallable period, or derivative instruments based on fixed income securities;
  (2) Sales of covered call options on equity securities if the insurer holds in its portfolio, or can immediately acquire through the exercise of options, warrants, or conversion rights already owned, the equity securities subject to call during the complete term of the call option sold;
  (3) Sales of covered puts on investments that the insurer is permitted to acquire under this chapter if the insurer has escrowed, or entered into a custodian agreement segregating, cash or cash equivalents with a market value equal to the amount of its purchase obligations under the put during the complete term of the put option sold; or
  (4) Sales of covered caps or floors if the insurer holds in its portfolio the investments generating the cash flow to make the required payments under the caps or floors during the complete term that the cap or floor is outstanding.
(e) An insurer shall include all counterparty exposure amounts in determining compliance with the limitations of § 3-1372.02 .
(f) Under regulations promulgated under § 31-1375.01 , the Commissioner may approve additional transactions involving the use of derivative instruments in excess of the limits of subsection (c) of this section or for other risk management purposes under regulations promulgated by the Commissioner; provided, that the replication transactions shall not be permitted for other than risk management purposes.
D.C. Code § 31-337 — DC Code / Title 31 / Chapter 3A / § 31-337
§ 31-337. Sanctions.
Status: in_force

An insurer or insurance group failing, without just cause, to timely file a Corporate Governance Annual Disclosure as required in this chapter , after notice and hearing, may be fined up to $1,000 per day, with a maximum penalty of $25,000, or have its certificate of authority suspended, revoked, or denied renewal.
D.C. Code § 31-4418 — DC Code / Title 31 / Chapter 44 / § 31-4418
§ 31-4418. Reincorporation of existing corporations.
Status: in_force

(a) Any domestic insurance corporation existing or doing business on June 19, 1934, may, by a vote of a majority of its directors or trustees, accept the provisions of this subdivision and amend its charter to conform with the same upon obtaining the consent of the Commissioner thereto in writing, and filing such consent in the Officer of the Recorder of Deeds for the District; and thereafter it shall be deemed to have been incorporated under this chapter, and every such corporation in reincorporating under this provision may for that purpose so adopt in whole or in part a new charter, in conformity herewith, and include therein any and all provisions of its existing charter, and any or all changes from its existing charter, to cover and enjoy any or all the privileges and provisions of existing laws which might be so included and enjoyed if it were originally incorporated hereunder, and it shall, upon such adoption of and after obtaining the consent, as in this section before provided, to such charter and filing the same with the Commissioner and the record thereof with the Recorder of Deeds of the District, perpetually enjoy the same as and be such corporation, which is declared to be a continuation of such corporation which existed prior to such reincorporation; and the offices therein which shall be continued shall be filled by the respective incumbents for the period and the same general proceedings shall be taken upon the presentation of such amended charter or certificate adopted in relation to such amendment, to the Commissioner, as are required by this chapter to be taken with respect to an original charter or certificate, except that no examination of the condition and affairs of such corporation shall be required unless so ordered by the Commissioner, and if the amended charter or certificate be approved by the Commissioner and his certificate of authority to do business thereunder is granted, the corporation shall thereafter be deemed to possess the same powers and be subject to the same liabilities as if such charter or certificate so amended had been its original charter or certificate of incorporation, but without prejudice to pending action or proceeding or any rights previously accrued.
(b) Upon the reincorporation or upon the amendment of the charter of any corporation having a capital stock in accordance with the provisions of this section it may by a vote of the majority of its directors confer upon its policyholders as may have a prescribed amount of insurance upon their lives the right to vote for all or any less number of the directors in such manner not inconsistent with any provision of this subdivision.
D.C. Code § 31-801 — DC Code / Title 31 / Chapter 8 / § 31-801
§ 31-801. Definitions.
Status: repealed

Repealed.
D.C. Code § 31-5041.04 — DC Code / Title 31 / Chapter 50B / § 31-5041.04
§ 31-5041.04. Record-retention requirements.
Status: in_force

A title insurance producer shall maintain sufficient records of its affairs, including its escrow operations, if any, and escrow trust accounts, if any, so that the Commissioner may adequately ensure that the title insurance producer is in compliance with this chapter. The Commissioner may prescribe the specific record entries and documents to be kept and the length of time for which the records shall be maintained, for a period of not to exceed 3 years, unless otherwise required by the RESPA.
D.C. Code § 31-1631.05 — DC Code / Title 31 / Chapter 16A / § 31-1631.05
§ 31-1631.05. Bond requirement.
Status: in_force

(a) At the time of the application for license as a public insurance adjuster, the applicant shall file with the Commissioner a bond executed and issued by a surety insurer authorized to transact business in the District in the amount of $20,000, which bond shall serve the faithful performance of his or her duties as a public insurance adjuster. A public insurance adjuster license shall automatically terminate when the bond is not in force.
(b) The bond shall have the following characteristics:
  (1) The bond shall be in favor of the District and shall specifically authorize recovery by the Commissioner of the damages sustained if the licensee is convicted of fraud or unfair practices in connection with his or her business as a public insurance adjuster.
  (2) The aggregate liability of the surety for all damages shall not exceed the amount of the bond.
  (3) The bond shall not be terminated unless at least 30 days written notice is given to the licensee and filed with the Commissioner.
D.C. Code § 31-711 — DC Code / Title 31 / Chapter 7 / § 31-711
§ 31-711. Receivership.
Status: in_force

Whenever it appears to the Mayor that any person has committed a violation of this subchapter which so impairs the financial condition of a domestic insurer as to threaten insolvency or make the further transaction of business by it hazardous to its policyholders, creditors, shareholders, or the public, the Commissioner may proceed as provided under the insurance laws of the District to take possession of the property of such a domestic insurer and to conduct its business, or take any other actions as the Mayor, at the Mayor’s discretion, deems appropriate.
D.C. Code § 31-2231.05 — DC Code / Title 31 / Chapter 22A / § 31-2231.05
§ 31-2231.05. Defamation.
Status: in_force

No person shall make, publish, disseminate, or circulate, directly or indirectly, or aid, abet, or encourage the making, publishing, disseminating or circulating, of an oral or written statement or a pamphlet, circular, article, or literature, which is false with respect to, maliciously critical of, or derogatory to, the financial condition of an insurer and which is calculated to injure the insurer.
D.C. Code § 31-5320 — DC Code / Title 31 / Chapter 53 / § 31-5320
§ 31-5320. Taxation.
Status: in_force

Every society organized or licensed under this chapter is hereby declared to be a charitable and benevolent institution, and all of its funds shall be exempt from all and every state, county, district, municipal and school tax other than taxes on real estate and office equipment.
D.C. Code § 31-3411 — DC Code / Title 31 / Chapter 34 / § 31-3411
§ 31-3411. Investments.
Status: in_force

With the exception of investments made in accordance with § 31-3404(a)(1) , the funds of a health maintenance organization shall be invested in accordance with NAIC Health Maintenance Organization Investment Guidelines adopted by the Commissioner.
D.C. Code § 31-911 — DC Code / Title 31 / Chapter 9 / § 31-911
§ 31-911. Corporate existence.
Status: in_force

(a) Upon the conversion of a mutual company to a converted stock company according to provisions of this chapter, the corporate existence of the mutual company shall be continued in the converted stock company. All the rights, franchises, and interest of the mutual company in and to every type of property, real, personal, and mixed, and things in action thereunto belonging, is deemed transferred to and vested in the converted stock company without any deed or transfer. Simultaneously, the converted stock company is deemed to have assumed all the obligations and liabilities of the mutual company.
(b) The directors and officers of the mutual company, unless otherwise specified in the plan of conversion, shall serve as directors and officers of the converted stock company until new directors and officers of the converted stock company are duly elected pursuant to the articles of incorporation and bylaws of the converted stock company.
D.C. Code § 31-3254 — DC Code / Title 31 / Chapter 32 / § 31-3254
§ 31-3254. Regulations.
Status: in_force

The Commissioner shall promulgate rules and regulations to implement the provisions of this subchapter.
D.C. Code § 31-3151 — DC Code / Title 31 / Chapter 31B / § 31-3151
§ 31-3151. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Application” means a carrier’s application pursuant to this chapter for approval to voluntarily withdraw from the District of Columbia health insurance market.
(2) “Carrier” means any person or organization subject to the authority of the Commissioner that provides one or more health benefit plans in the District of Columbia, and includes an insurer, a hospital and medical services corporation, a fraternal benefit society, a health maintenance organization, or multiple employer welfare arrangement.
(3) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.
(4) “Health benefit plan” means any accident and health insurance policy or certificate, hospital and medical services corporation contract, health maintenance organization subscriber contract, a plan provided by a multiple employer welfare arrangement, or a 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.
(5) “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (110 Stat. 1936; scattered sections of the United States Code).
(6) “Medicare” means the health insurance program established pursuant to the Health Insurance for the Aged Act, approved July 30, 1965 (79 Stat. 290; 42 U.S.C. § 401 et seq.).
(7) “Withdraw” means the full cessation of underwriting insurance policies, including the nonrenewal of existing insurance policies, relative to any line of business or any subgroup thereof, including individual accounts.
D.C. Code § 31-2502.04 — DC Code / Title 31 / Chapter 25 / § 31-2502.04
§ 31-2502.04. Cessation of business.
Status: in_force

If a company shall cease to do business in the District, it shall thereupon make report to the Commissioner of the taxable premiums collected which have not been reported prior to the date of the cessation of business, and shall forthwith pay to the Collector of Taxes of the District, through the Commissioner, a tax thereon computed according to law. If a company fails or refuses to make such a report or to pay the tax imposed upon it as required by law, it shall be liable to the District for the amount of such taxes, plus a penalty of 8 per centum per month for each month or part thereof during which such taxes remain unpaid.
D.C. Code § 31-4104 — DC Code / Title 31 / Chapter 41 / § 31-4104
§ 31-4104. Restrictions.
Status: in_force

(a) No risk retention group shall be required or permitted to join or contribute financially to any insurance insolvency guaranty fund, or similar mechanism, in the District, nor shall any risk retention group or its insureds or claimants against its insureds, receive any benefit from such a fund for claims arising under the insurance policies issued by the risk retention group.
(b) When a purchasing group obtains insurance covering its members from an insurer not authorized in this state, or a risk retention group, no risks, resident or located, shall be covered by any insurance guaranty fund or similar mechanism in the District.
(c) When a purchasing group obtains insurance covering its members’ risks from an authorized insurer, only risks resident or located in the District shall be covered by the District property and liability guaranty fund.
D.C. Code § 31-4436 — DC Code / Title 31 / Chapter 44 / § 31-4436
§ 31-4436. Domestic company real-estate holdings.
Status: repealed

Repealed.
D.C. Code § 31-4326 — DC Code / Title 31 / Chapter 43 / § 31-4326
§ 31-4326. Suspension or revocation of licenses; grounds; hearing and appeal; alternative penalty.
Status: repealed

Repealed.
D.C. Code § 31-2502.01 — DC Code / Title 31 / Chapter 25 / § 31-2502.01
§ 31-2502.01. Records of Commissioner; rules and regulations.
Status: in_force

(a) 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 the Commissioner for good reason may decide otherwise, or except as it may be provided otherwise herein.
(b) The Commissioner may, in accordance with § 2-505 , promulgate reasonable rules and regulations as are necessary to implement the provisions of this chapter.
D.C. Code § 31-5111 — DC Code / Title 31 / Chapter 51 / § 31-5111
§ 31-5111. Violations.
Status: in_force

(a) In the case of any violation of this chapter by an insurance company, agent, solicitor, or broker, the Commissioner shall have authority to proceed in accordance with the provisions of §§ 31-4305 and 31-4326 [repealed] and §§ 31-2502.03 and 31-2502.36 [repealed].
(b) In the case of any violation of this chapter by a creditor or by any other person not licensed in the District as an insurance agent, solicitor, or broker, regardless of the fact that such creditor or other person is not required by law to be so licensed, the penalties and the procedure for their imposition shall be as set forth in § 31-2502.42 .
D.C. Code § 31-4322 — DC Code / Title 31 / Chapter 43 / § 31-4322
§ 31-4322. Valuation of securities.
Status: repealed

Repealed.
D.C. Code § 31-2602.04 — DC Code / Title 31 / Chapter 26 / § 31-2602.04
§ 31-2602.04. Organization and licensing requirements for domestic mutual companies.
Status: repealed

Repealed.
D.C. Code § 31-3272 — DC Code / Title 31 / Chapter 32A / § 31-3272
§ 31-3272. Coverage, notice, applicability, and regulations.
Status: in_force

(a) A health insurer shall:
  (1) Provide coverage of habilitative services for children under the age of 21 years and may do so through a managed care system;
  (2) Not be required to provide reimbursement for habilitative services actually delivered through early intervention or school services; and
  (3) Provide notice to its insureds and enrollees about the coverage required under this chapter.
(b) The coverage shall not be more restrictive than coverage provided for any other illness, condition, or disorder for purposes of determining deductibles, benefit year or lifetime durational limits, benefit year or lifetime dollar limits, lifetime episodes or treatment limits, copayment and coinsuance factors, and benefit year maximum for deductibles and copayments and coinsurance factors.
(c) The Commissioner may issue rules and regulations necessary to implement the provisions of this chapter.
(d) This chapter shall apply to all individual and group health benefit plans issued or renewed on the first day of the month beginning on or after 90 days following March 2, 2007.
D.C. Code § 31-5815 — DC Code / Title 31 / Chapter 58 / § 31-5815
§ 31-5815. Separability.
Status: repealed

Repealed.
D.C. Code § 31-3451.03 — DC Code / Title 31 / Chapter 34A / § 31-3451.03
§ 31-3451.03. Company Action Level Event.
Status: in_force

(a) If a Company Action Level Event occurs, the health organization shall prepare and submit to the Commissioner an RBC plan that shall:
  (1) Identify the conditions that contributed to the Company Action Level Event;
  (2) Contain proposals of corrective actions that the health organization proposes to eliminate the Company Action Level Event;
  (3) Provide forecasts of the health organization’s financial results in the current year and at least the 2 succeeding years, both in the absence of proposed corrective actions and giving effect to the proposed corrective actions, including projections of statutory balance sheets, operating income, net income, capital and surplus, and RBC levels; provided, that the forecasts for both new and renewal business may include separate forecasts for each major line of business and separately identify each significant income, expense, and benefit component;
  (4) Identify the key assumptions impacting the health organization’s forecasts and the sensitivity of the forecasts to the assumptions; and
  (5) Identify the quality of, and problems associated with, the health organization’s business, including its assets, anticipated business growth and associated surplus strain, extraordinary exposure to risk, mix of business, and use of reinsurance, if any.
(b) The RBC plan shall be submitted:
  (1) Within 45 days of the Company Action Level Event other than if a company challenges an adjusted RBC report; or
  (2) If the health organization challenges an adjusted RBC report, within 45 days after notification to the health organization that the Commissioner has, after a hearing, rejected the health organization’s challenge.
(c) Within 60 days after the submission by a health organization of an RBC plan to the Commissioner, the Commissioner shall notify the health organization whether the RBC plan shall be implemented or is, in the judgment of the Commissioner, unsatisfactory. If the Commissioner determines the RBC plan is unsatisfactory, the notification to the health organization shall set forth the reasons for the determination and may set forth proposed revisions which will render the RBC plan satisfactory. Upon notification from the Commissioner, the health organization shall prepare a revised RBC plan, which may incorporate by reference any revisions proposed by the Commissioner, and shall submit the revised RBC plan to the Commissioner:
  (1) Within 45 days after the notification from the Commissioner; or
  (2) If the health organization challenges the notification from the Commissioner under § 31-3451.07 , within 45 days after a notification to the health organization that the Commissioner has, after a hearing, rejected the health organization’s challenge.
(d) If the Commissioner notifies a health organization that the health organization’s RBC plan or revised RBC plan is unsatisfactory, the Commissioner may, at the Commissioner’s discretion, subject to the health organization’s right to a hearing under § 31-3451.07 , specify in the notification that the notification constitutes a Regulatory Action Level Event.
(e) A domestic health organization that files an RBC plan or revised RBC plan with the Commissioner shall file a copy of the RBC plan or revised RBC plan with the insurance commissioner in any state in which the health organization is authorized to do business if:
  (1) The state has a risk-based capital provision substantially similar to § 31-3451.08(a) ; and
  (2) The insurance commissioner of that state has notified the health organization of its request for the filing in writing, in which case the health organization shall file a copy of the RBC plan or revised RBC plan in that state no later than the later of:
    (A) Fifteen days after the receipt of notice to file a copy of its RBC plan or revised RBC plan with the state; or
    (B) The date on which the RBC plan or revised RBC plan is filed under subsection (b) or (c) of this section.
D.C. Code § 31-5031.16 — DC Code / Title 31 / Chapter 50A / § 31-5031.16
§ 31-5031.16. Favored producer of title insurer; buyer’s right to choose.
Status: in_force

(a) A title insurer shall not participate in any transaction in which it knows that a title insurance producer or other person requires, directly or indirectly, or through any trustee, director, officer, producer, employee, or affiliate, as a condition precedent to selling or furnishing any other person a loan, or loan extension, credit, sale, property, contract, lease, or service, that the other person shall place a title insurance policy of any kind with the title insurer or through a particular title insurance producer.
(b) No seller of property shall require, directly or indirectly, that the buyer purchase title insurance from any particular title producer or insurer.
D.C. Code § 31-1131.02 — DC Code / Title 31 / Chapter 11A / § 31-1131.02
§ 31-1131.02. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Business entity” means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity.
(2) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.
(2A) “Department” means the Department of Insurance, Securities, and Banking, established by § 31-102 .
(3) “District” means the District of Columbia.
(4) “Home state” means the District or any state or territory of the United States in which an insurance producer:
  (A) Maintains his or her principal place of residence or principal place of business; and
  (B) Is licensed as a resident insurance producer.
(4A) “Individual” means a natural person.
(5) “Insurance” means any of the lines of authority enumerated in § 31-1131.07(a) .
(6) “Insurance producer” means a person required to be licensed in the District to sell, solicit, or negotiate insurance under this chapter.
(7) “Insurer” means a company offering protection through the sale of an insurance policy to an insured.
(8) “License” means a document issued by the Commissioner authorizing a person to act as an insurance producer for the lines of authority specified in the document.
(9) Repealed.
(10) Repealed.
(11) “Limited line of insurance” means a line of insurance:
  (A) Enumerated in § 31-1131.07(a)(10)(A) , (B), (C), (D), or (E);
  (B) Established by the Commissioner pursuant to § 31-1131.07(a)(10)(F) ; or
  (C) Recognized by the Commissioner pursuant to § 31-1131.07(a)(10)(G) .
(12) “Limited lines insurance producer” means a person authorized by the Commissioner to sell, solicit, or negotiate a limited line of insurance.
(13) “NAIC” means the National Association of Insurance Commissioners.
(14) “Negotiate” means the act of conferring directly with, or offering advice directly to, a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms, or conditions of the contract; provided, that the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers.
(14A) “Nonresident insurance producer” means an insurance producer whose home state is not the District.
(15) “Person” means an individual or a business entity.
(15A) “Resident insurance producer” means an insurance producer whose home state is the District.
(16) “Sell” means to sell or exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company.
(17) “Solicit” means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company.
(18) “Terminate” means the cancellation of the relationship between an insurance producer and an insurer or the termination of a producer’s authority to transact insurance.
(19) “Uniform Business Entity Application” means the current version of the NAIC Uniform Application for Business Entity Insurance License/Registration.
(20) “Uniform Individual Application” means the current version of the NAIC Uniform Application for Individual Insurance Producer License.
D.C. Code § 31-5238 — DC Code / Title 31 / Chapter 52A / § 31-5238
§ 31-5238. Transferability.
Status: in_force

The Premium Tax Credits may be transferred or sold. The Commissioner shall promulgate regulations to facilitate the transfer or sale of Premium Tax Credits. Any the transfer or sale shall not affect the time schedule for claiming the Premium Tax Credits. Any Premium Tax Credits recaptured under § 31-5237 shall be the liability of the Certified Investor that actually claimed the Premium Tax Credits.
D.C. Code § 31-3132 — DC Code / Title 31 / Chapter 31A / § 31-3132
§ 31-3132. Prompt payment.
Status: in_force

(a) For covered services rendered to its members, a health insurer shall reimburse any person entitled to reimbursement under the health benefits plan within 30 days after the receipt of a clean claim.
(b) If a health insurer fails to comply with subsection (a) of this section, the health insurer shall pay interest beginning on the 31st day after the receipt of the claim if the claim remains unpaid after 30 days. A formal claim by the person filing the original claim shall not be required.
(c) The interest payable shall be at a monthly rate of:
  (1) One and one-half percent from the 31st day through the 60th day;
  (2) Two percent from the 61st day through the 120th day; and
  (3) Two and one-half percent after the 120th day.
(d) This section shall not apply to claims if the health insurer:
  (1) Notifies the person submitting the claim within 30 days after the receipt of the claim that the legitimacy of the claim or the appropriate amount of reimbursement is in dispute;
  (2) States, in writing, to the person the specific reasons why the legitimacy of the claim, a portion of the claim, or the appropriate amount of reimbursement is in dispute; and
  (3) Pays any undisputed portion of the claim within 30 days of the receipt of the claim.
(e) The health insurer shall process the disputed portion of the claim within 30 days after receipt of all reasonable and necessary documentation.
(f) If a health insurer fails to comply with the requirements of subsection (e) of this section, it shall pay interest at the rates set forth in subsection (c) of this section beginning on the 31st day after the filing of the receipt of the documentation as provided in subsection (e) of this section.
(g) A health insurer shall allow a provider a minimum of 180 days from the date a covered service is rendered or the date of inpatient discharge to submit a claim for reimbursement for the service.
(h) There shall be a rebuttable presumption that a claim has been received by a health insurer:
  (1) Within 5 business days from the date the provider or person entitled to reimbursement placed the claim in the United States mail;
  (2) Within 24 hours if the claim was submitted by the provider or provider’s agent electronically and was not returned to the provider by a claims clearinghouse or returned to the provider by the insurer if submitted directly to the health insurer; or
  (3) On the date recorded by the courier if the claim was delivered by courier.
(i) Each health insurer shall provide a manual or other document that sets forth the claims submission procedures to all contracting providers at the time of contracting and 30 days prior to any changes in the procedure.
(j) A health insurer shall maintain a written or electronic record of the date of receipt of a claim. The person submitting the claim shall be entitled to inspect the record on request and to rely on that record or on any other admissible evidence as proof of the fact of receipt of the claim, including electronic or facsimile confirmation of receipt of a claim.
(k) A health insurer shall not be in violation of this chapter if its failure to pay a claim in accordance with the time periods provided in this chapter is caused:
  (1) In material part by the person submitting the claim; or
  (2) By impossibility due to matters beyond the health insurer’s reasonable control, such as an act of God, insurrection, strike, fire, or power outages.
(l) This section shall not apply to claims for which payment has been or will be made directly to health care providers pursuant to a negotiated reimbursement arrangement requiring uniform or periodic interim payments to be applied against the health insurer’s obligation on such claims.
D.C. Code § 31-3451.12 — DC Code / Title 31 / Chapter 34A / § 31-3451.12
§ 31-3451.12. Notices.
Status: in_force

All notices by the Commissioner to a health organization that may result in regulatory action under this chapter shall be effective upon mailing if transmitted by registered or certified mail or, in the case of any other transmission, shall be effective upon the health organization’s receipt of notice.
D.C. Code § 31-403 — DC Code / Title 31 / Chapter 4 / § 31-403
§ 31-403. Applicability of minimum standards.
Status: in_force

(a) The provisions of §§ 31-404 , 31-405 , and 31-406 shall apply if, in any calendar year, the aggregate amount of gross written premium on business placed with a controlled insurer by a controlling producer is equal to or greater than 5% of the admitted assets of the controlled insurer, as reported in the controlled insurer’s quarterly statement filed as of September 30 of the prior year.
(b) Subsection (a) of this section shall not apply if:
  (1) The controlling producer:
    (A) Places insurance only with the controlled insurer, or only with the controlled insurer and a member or members of the controlled insurer’s holding company system, or the controlled insurer’s parent, affiliate, or subsidiary, and receives no compensation based upon the amount of premiums written in connection with the insurance; and
    (B) Accepts insurance placements only from nonaffiliated subproducers, and not directly from insureds; and
  (2) The controlled insurer, except for insurance business written through a residual market facility accepts insurance business only from a controlling producer, a producer controlled by the controlled insurer, or a producer that is a subsidiary of the controlled insurer.
D.C. Code § 31-3175.04 — DC Code / Title 31 / Chapter 31E / § 31-3175.04
§ 31-3175.04. Non-quantitative treatment limitations.
Status: in_force

A health insurer shall not impose a non-quantitative treatment limitation with respect to a mental health condition or substance use disorder for any classification of benefits unless, under the terms of the health benefits plan, as written and in operation, any processes, strategies, evidentiary standards or other factors used in applying the non-quantitative treatment limitation to mental health or substance use disorder benefits in the classification are comparable to, and are applied no more stringently than, the processes, strategies, evidentiary standards, or other factors used in applying the non-quantitative treatment limitation with respect to medical or surgical benefits in the same classification.
D.C. Code § 31-901 — DC Code / Title 31 / Chapter 9 / § 31-901
§ 31-901. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Converted stock company” means a District of Columbia domiciled stock company that converted from a District of Columbia mutual company pursuant to this chapter.
(1A) “Commissioner” means the Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking].
(2) “District” means the District of Columbia.
(3) “Eligible member” means a member whose policy is in force as of the date the mutual company’s board of directors adopts a plan of conversion.
  (A) A person insured under a group policy is not an eligible member, unless:
    (i) The person is insured or covered under a group life policy or group annuity contract under which funds are accumulated and allocated to the respective covered person;
    (ii) The person has the right to direct the application of the funds so allocated;
    (iii) The group policyholder makes no contribution to the premiums or deposits for the policy or contract; and
    (iv) The mutual company has the names and addresses covered under the group policy or group annuity contract.
  (B) A person whose policy is issued after the board of directors adopts the plan but before the plan’s effective date is not an eligible member, but shall have those rights set forth in § 31-910 .
(4) “Plan of conversion” or “plan” means a plan adopted by a District of Columbia domestic mutual company’s board of directors pursuant to this chapter to convert the mutual company into a District of Columbia domiciled stock company.
(5) “Policy” includes an annuity contract.
(6) Repealed.
D.C. Code § 31-5310 — DC Code / Title 31 / Chapter 53 / § 31-5310
§ 31-5310. Reinsurance.
Status: in_force

A domestic society may enter into reinsurance transactions only in accordance with Chapter 5 of this title . Notwithstanding that law, a society may reinsure the risks of another society in a consolidation or merger approved by the Commissioner under § 31-5311 .
D.C. Code § 31-2306 — DC Code / Title 31 / Chapter 23 / § 31-2306
§ 31-2306. Consummation of domestication agreement; transfer of deposits; withdrawal of trusteed assets.
Status: in_force

(a) (1) The domestication of the United States branch shall be effective upon the final approval of the Commissioner of the domestication agreement under § 31-2305 (“consummation”).
  (2) (A) All assets of the United States branch, including all its rights and property, shall be deemed transferred to, and vested in, the acquiring insurer and the acquiring insurer shall be deemed to have assumed all liabilities of the United States branch.
    (B) All deposits of the United States branch held by commissioners, state officers, or other state regulatory agencies under state laws, shall be deemed held as security for the full performance by the acquiring insurer of its assumption as direct liabilities of all of the liabilities to policyholders and creditors within the United States of the United States branch, and the deposits shall be deemed admitted assets of the acquiring insurer and reported as such in its annual financial statements and other reports required to be filed by it in the District.
  (3) Upon the ultimate release by a state officer or agency of deposits described in paragraph (2)(B) of this subsection, the securities and cash released shall be delivered and paid over to the acquiring insurer as the lawful successor in interest to the United States branch.
(b) Contemporaneously with the consummation of the domestication, notwithstanding §§ 31-2203 and 31-2204 , the Commissioner shall:
  (1) Transfer to the acquiring insurer’s account the securities deposited by the United States branch in compliance with this chapter; and
  (2) Consent to the withdrawal from the trust by the trustee of the trusteed assets deposited by the United States branch in compliance with this chapter and the transfer and delivery to the acquiring insurer of all assets held by the trustee; provided, that if a United States branch is domesticated into a foreign insurer, the Commissioner, unless otherwise satisfied that the interests of policyholders of in force business and of creditors on outstanding claims are protected, may defer consent to the withdrawal of so much of the trusteed assets as in the Commissioner’s judgment is reasonably required to protect such interests as of the date of domestication, and shall consent to their withdrawal from time to time as such interests expire.
D.C. Code § 31-3931.17 — DC Code / Title 31 / Chapter 39A / § 31-3931.17
§ 31-3931.17. Redomestication.
Status: in_force

(a) Any captive insurer which is licensed under laws of any jurisdiction may become a domestic captive insurer in the District by complying with all of the requirements of this chapter relative to the organization and licensing of a domestic insurer of the same type and by designating an office at a place within the District. The redomesticated captive insurer may transact business in the District and shall be subject to the authority and jurisdiction of the District.
(b) All insurance contracts which are in existence at the time any captive insurer transfers its insurance domicile to the District by merger, consolidation, or any other lawful method shall continue in full force and effect upon the transfer if the captive insurer is duly qualified to transact the same type of insurance business in the District.
(c) Every transferring insurer shall notify the Commissioner of the details of the proposed transfer and shall file promptly any resulting amendments to application documents filed or required to be filed with the Commissioner.
(d) Any domestic captive insurer, upon the approval of the Commissioner, may transfer its domicile to any state in which it is licensed to transact business as a captive insurance company and, upon the transfer, shall cease to be a domestic insurer. The Commissioner shall approve any proposed transfer unless he or she determines the transfer is not in the best interest of the policyholders.
D.C. Code § 31-2231.19 — DC Code / Title 31 / Chapter 22A / § 31-2231.19
§ 31-2231.19. Misrepresentation in insurance application.
Status: in_force

(a) No person shall make false or fraudulent statements or representations on, or relative to, an application for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from a provider or individual person.
(b) No person shall cause to be presented a false or fraudulent claim, or proof in support of a claim, for the payment of the loss upon a contract of insurance or prepare, make, or subscribe a false or fraudulent account, certificate, affidavit, proof of loss, or other document or writing with the intent that it may be presented or used in support of a false or fraudulent claim.
D.C. Code § 31-3607 — DC Code / Title 31 / Chapter 36 / § 31-3607
§ 31-3607. Minimum number of members for associations.
Status: in_force

(a) Prior to advertising, marketing, or offering a group long-term care insurance policy within the District of Columbia, an association or associations, or an insurer of the association or associations, shall file evidence with the Commissioner that the association, or associations has:
  (1) At the outset, a minimum of 100 members;
  (2) Been organized and maintained in good faith for purposes other than that of obtaining insurance;
  (3) Been in active existence for at least one year; and
  (4) A constitution and bylaws which provide the following:
    (A) That the association or associations hold regular meetings not less than annually to further the purposes of the members;
    (B) That, except for credit unions, the association or associations collect dues or solicit contributions from members; and
    (C) That the members have voting privileges and representation on the governing board and committees.
(b) Thirty days after the filing required by subsection (a) of this section, the association or associations shall be deemed to have satisfied the organizational requirements of subsection (a) of this section unless the Commissioner make a finding that the association, or associations, does not satisfy the organizational requirements.
D.C. Code § 31-1131.14 — DC Code / Title 31 / Chapter 11A / § 31-1131.14
§ 31-1131.14. Appointments.
Status: in_force

(a) An insurance producer shall not act as an agent of an insurer unless the insurance producer becomes an appointed agent of that insurer. An insurance producer who is not acting as an agent of an insurer shall not be required to become appointed.
(b) To appoint an insurance producer as its agent, the appointing insurer shall file, on a form prescribed by the Commissioner, a notice of appointment within 30 days from the date that the agency contract is executed or the first insurance application is submitted.
(c) Upon receipt of the notice of appointment, the Commissioner shall verify, within 10 days, that the insurance producer is eligible for appointment. If the insurance producer is determined to be ineligible for appointment, the Commissioner shall notify the insurer within 5 days of the determination.
(d) An insurer shall pay an appointment fee, in the amount and on or before the date prescribed by the Commissioner, for each insurance producer appointed by the insurer.
(e) An insurer shall pay a renewal appointment fee in the amount and on or before the date prescribed by the Commissioner.
D.C. Code § 31-3865 — DC Code / Title 31 / Chapter 38D / § 31-3865
§ 31-3865. Right to synchronous interaction.
Status: repealed

Repealed.
D.C. Code § 31-4722 — DC Code / Title 31 / Chapter 47 / § 31-4722
§ 31-4722. Industrial life policies — Required provisions.
Status: in_force

(a) No policy of industrial life insurance shall be delivered or issued for delivery in the District unless it contains in substance the following provisions, or provisions which in the opinion of the Commissioner are more favorable to the policyholders:
  (1) A provision that all premiums after the first shall be payable in advance, either at the home office of the company or to an agent of the company;
  (2) A provision that the insured is entitled to a grace period of at least 28 days within which the payment of any premiums after the first may be made, and during which period of grace the policy shall continue in full force, but in case the policy becomes a claim during the said period of grace before the overdue premium is paid, the amount of such premium may be deducted from any amount payable under the policy in settlement;
  (3) A provision that, except as otherwise expressly provided by law, the policy shall constitute the entire contract between the parties and shall be incontestable after it has been in force during the lifetime of the insured for a period of not more than 2 years from its date, except for nonpayment of premiums and except for violations of the conditions of the policy relating to naval or military service in time of war, and, at the option of the company, provisions relative to benefits in the event of total and permanent disability and provisions which grant additional insurance specifically against death by accident may also be excepted; if a copy of the application be attached to the policy, a provision that all statements made by the insured shall, in the absence of fraud, be deemed representations and not warranties, and that no such statement or statements shall be used in defense of a claim under the policy unless contained in the attached written application;
  (4) A provision that if it shall be found at any time before final settlement under the policy that the age of the insured (or the age of any other person considered in determining the premium) has been misstated, the amount payable under the policy shall be such as the premium would have purchased at the correct age, according to the company’s rate at date of issue;
  (5) If the policy is a participating policy, a provision indicating the conditions under which the company shall periodically ascertain and apportion any divisible surplus accruing to the policy;
  (6) A provision for nonforfeiture benefits and cash surrender values in accordance with the requirements of § 31-4705.01 or § 31-4705.02 ;
  (7) A provision specifying the options, if any, to which the policyholder is entitled in the event of default in a premium payment;
  (8) A provision that if in event of default in premium payments the value of the policy shall have been applied to the purchase of other insurance as provided for in this section, and if such insurance shall be in force and the original policy shall not have been surrendered to the company and cancelled, the policy may be reinstated within 2 years from such default, upon evidence of insurability satisfactory to the company and payment of arrears of premiums and the payment or reinstatement of any other indebtedness to the company upon said policy, with interest on said premium and indebtedness at the rate of not exceeding 6 per centum per annum payable annually;
  (9) A provision that when a policy shall become a claim by the death of the insured settlement shall be made upon receipt of due proof of death; and
  (10) Title on the face and on the back of the policy briefly describing its form.
(b) Any of the foregoing provisions or portions thereof not applicable to single premium or nonparticipating or term policies shall, to that extent, not be incorporated therein; and any such policy may be issued or delivered in the District which in the opinion of the Commissioner contains provisions on any 1 or more of the several foregoing requirements more favorable to the policyholder than hereinbefore required. The provisions of this section shall not apply to policies issued or granted in exchange for lapsed or surrendered policies. Nothing contained in paragraph (3) of subsection (a) of this section shall apply to applications for reinstatement. A reinstated policy shall be contestable on account of fraud or misrepresentation of material facts pertaining to the reinstatement, for the same period after reinstatement as provided in the policy with respect to the original issue.
D.C. Code § 31-858 — DC Code / Title 31 / Chapter 8A / § 31-858
§ 31-858. Applicability.
Status: in_force

The privilege shall apply to all litigation or administrative proceedings pending on April 11, 2003, or filed subsequent to April 11, 2003.
D.C. Code § 31-2602.17 — DC Code / Title 31 / Chapter 26 / § 31-2602.17
§ 31-2602.17. Payment of federal income taxes.
Status: repealed

Repealed.
D.C. Code § 31-5031.03 — DC Code / Title 31 / Chapter 50A / § 31-5031.03
§ 31-5031.03. Authorized activities of title insurers.
Status: in_force

Subject to the exceptions and restrictions contained in this chapter, a title insurer may do any of the following:
(1) Engage in the business of writing title insurance directly or through title insurance producers appointed for the purpose of issuing policies of title insurance;
(2) Reinsure title insurance policies;
(3) Unless prohibited by the Commissioner, perform ancillary activities, including examining titles to real property and any interest in real or personal property and procuring and furnishing related information and information about relevant personal property, when not in contemplation of, or in conjunction with, the issuance of a title insurance policy; and
(4) Maintain or perform escrow, indemnity, or settlement services.
D.C. Code § 31-3451.11 — DC Code / Title 31 / Chapter 34A / § 31-3451.11
§ 31-3451.11. Immunity.
Status: in_force

The Commissioner, the Department of Insurance and Securities Regulation, or its employees or agents shall not be liable for any action taken by them in the performance of their powers and duties under this chapter.
D.C. Code § 31-3431 — DC Code / Title 31 / Chapter 34 / § 31-3431
§ 31-3431. Principal office, books, records, and files of the health maintenance organization to be in the District.
Status: in_force

(a) Any health maintenance organization domiciled in the District or hereafter formed or organized in the District to engage in the health care business as a health maintenance organization shall maintain its principal office within the District, shall keep its books, records, and files in the District, and shall not remove from the District its principal office or its books, records, or files without first obtaining the written permission of the Commissioner; provided, that this section shall not apply to the books, records, and files of any branch office of a health maintenance organization, which books, records, and files relate solely to the business transacted by the branch office agency.
(b) A health maintenance organization domiciled in the District which violates this section shall immediately forfeit its certificate of authority to do business in the District.
(c) An officer, agent, or employee of a health maintenance organization which violates this section shall be guilty of a misdemeanor and, upon conviction, shall pay a fine of not less than $100 for each offense.
D.C. Code § 31-5602.08 — DC Code / Title 31 / Chapter 56 / § 31-5602.08
§ 31-5602.08. Denial, suspension, or revocation on grounds of lack of qualification.
Status: in_force

A determination by the Commissioner that an applicant or licensed person lacks qualification shall be made subject to the following limitations and considerations:
(1) The Commissioner may not enter an order against a broker-dealer on the basis of the lack of qualification of a person other than the broker-dealer if the broker-dealer is an individual.
(2) The Commissioner may not enter an order against an investment adviser on the basis of the lack of qualification of a person other than the investment adviser if the investment adviser is an individual.
(3) The Commissioner may not enter an order solely because of lack of experience of the applicant or licensed person if the applicant or licensed person is qualified by training or knowledge.
(4) An agent who will work under the supervision of a licensed broker-dealer need not have the same qualifications as a broker-dealer and an investment adviser representative who will work under the supervision of a licensed investment adviser need not have the same qualifications as an investment adviser.
(5) An investment adviser is not qualified solely on the basis of experience as a broker-dealer or agent. If the Commissioner finds an applicant for initial or renewal licensure as a broker-dealer is not qualified as an investment adviser, the Commissioner may, by order, condition the applicant’s licensure as a broker-dealer upon the broker-dealer not transacting business in the District as an investment adviser.
(6) The Commissioner may, by rule, provide for an examination, which may be written, oral, or both, to be taken by any class of, or all, applicants. The Commissioner may, by rule or order, waive the examination requirement as to a person or class of persons if the Commissioner determines that the examination is not necessary or appropriate in the public interest or for the protection of investors.
D.C. Code § 31-4303 — DC Code / Title 31 / Chapter 43 / § 31-4303
§ 31-4303. Disposition of excess in fees, charges, or taxes.
Status: in_force

Whenever it appears to the satisfaction of the Commissioner that, because of some error, mistake, or erroneous interpretation of a statute, a company has paid fees, charges, or taxes in excess of the amount legally chargeable against it, the Commissioner shall, on application of the company, present the matter to the Mayor, with the view of refunding to such company any such excess, or applying the excess or portion thereof toward the payment of fees, charges, or taxes already due from such company.
D.C. Code § 31-2996.02 — DC Code / Title 31 / Chapter 29D / § 31-2996.02
§ 31-2996.02. Dependent child coverage.
Status: in_force

(a) A group health plan or an individual health plan, and a health insurer offering health insurance coverage that provides coverage for dependent children, that delivers, issues for delivery, amends, or renews a health insurance policy in the District of Columbia shall make health insurance coverage available and, if requested by the policyholder, extend coverage to any dependent child of a policyholder until the dependent child is no longer a dependent child.
(b) The health insurance coverage shall provide:
  (1) The same health insurance coverage benefits to a dependent child that are available to any other covered dependent; and
  (2) Health insurance coverage benefits to a dependent child at the same rate or premium applicable to any other covered dependent.
(c) Nothing in this chapter shall be construed to require:
  (1) Coverage for services provided to a dependent before October 26, 2010; or
  (2) That an employer or other group policyholder pay all or part of the cost of coverage for a dependent as provided pursuant to this section.
D.C. Code § 31-1332 — DC Code / Title 31 / Chapter 13 / § 31-1332
§ 31-1332. Domiciliary liquidator’s proposal to distribute assets.
Status: in_force

(a) Within 120 days of a final determination of insolvency of an insurer by a court of competent jurisdiction of the District of Columbia, the liquidator shall make application to the court for approval of a proposal to disburse assets out of marshalled assets, from time to time as the assets become available, to a guaranty association or foreign guaranty association having obligations because of the insolvency. If the liquidator determines that there are insufficient assets to disburse, the application required by this section shall be considered satisfied by a filing by the liquidator stating the reasons for this determination.
(b) The proposal required by subsection (a) of this section shall at least include provisions for:
  (1) Reserving amounts for the payment of expenses of administration and the payment of claims of secured creditors, to the extent of the value of the security held, and claims falling within the priorities established in § 31-1340 , classes 1 and 2;
  (2) Disbursement of the assets marshalled to date and subsequent disbursement of assets as they become available;
  (3) Equitable allocation of disbursements to each of the guaranty associations and foreign guaranty associations entitled thereto;
  (4) The securing by the liquidator, from each of the associations entitled to disbursements pursuant to this section, of an agreement to return to the liquidator those assets, together with income earned on assets previously disbursed, required to pay claims of secured creditors and claims falling within the priorities established in § 31-1340 in accordance with those priorities. No bond shall be required of such an association; and
  (5) A full report to be made by each association to the liquidator accounting for all assets so disbursed to the association, all disbursements made therefrom, any interest earned by the association on the assets, and any other matter the court may direct.
(c) The liquidator’s proposal shall provide for disbursements to the associations in amounts estimated at least equal to the claim payments made or to be made thereby for which the associations could assert a claim against the liquidator, and shall further provide that if the assets available for disbursement from time to time do not equal or exceed the amount of the claim payments made or to be made by the association, then disbursements shall be in the amount of available assets.
(d) The liquidator’s proposal shall, with respect to an insolvent insurer writing life or health insurance or annuities, provide for disbursements of assets to any guaranty association or any foreign guaranty association covering life or health insurance or annuities, or to any other entity or organization reinsuring, assuming, or guaranteeing policies or contracts of insurance under the acts creating the associations.
(e) Notice of the application shall be given to the association in and to the commissioners of insurance of each of the states. Such a notice shall be deemed to have been given when deposited in the United States certified mails, first class postage prepaid, at least 30 days prior to submission of the application to the court. Action on the application may be taken by the court provided the above required notice has been given, and, provided further, that the liquidator’s proposal complies with subsection (b)(1) and (2) of this section.
D.C. Code § 31-3908 — DC Code / Title 31 / Chapter 39 / § 31-3908
§ 31-3908. Minimum capital and surplus requirements.
Status: repealed

Repealed.
D.C. Code § 31-3110 — DC Code / Title 31 / Chapter 31 / § 31-3110
§ 31-3110. Health maintenance organizations.
Status: in_force

(a) The requirements of this chapter shall apply to health maintenance organizations 5 years from February 28, 1987, unless the Mayor requests the Council to extend the exemption to a time certain and the Council, by resolution, approves the extension.
(b) Upon becoming subject to the requirements of this chapter, each health maintenance organization shall:
  (1) Provide to its members the coverage and benefits required by §§ 31-3102 , 31-3103 , and 31-3104 ;
  (2) Ensure that deductible or copayment plans, durational limits, and methods of determination adopted with respect to coverage of the benefits required by §§ 31-3102 , 31-3103 , and 31-3104 result in coverage that is determined by the Commissioner to be at least equivalent in actuarial value to the average actuarial value of the plans provided by the health insurer with the largest number of enrollees in the District; and
  (3) Provide the notification of coverage and benefits required by § 31-3108 .
(c) Each health maintenance organization may provide the treatment required by §§ 31-3103 and 31-3104 directly by its staff or by referring its members to a hospital or other treatment facility that provides those services under a contract or agreement with the health maintenance organization. Nothing in this chapter shall require the alteration of any terms and conditions of the health maintenance organization membership contract relating to prior approval by the health maintenance organization for treatment provided to its members by other treatment facilities.
(d) (1) Each health maintenance organization, within 120 days after becoming subject to the requirements of this chapter, shall file with the Commissioner the membership contracts it proposes to use, identifying its charges for all services and the portion of charges attributable to the services required by this chapter.
  (2) The provisions of § 31-3109 , except for subsection (b)(2) of this section, shall apply thereafter to the membership contracts and charges filed and implemented by health maintenance organizations. Rates and charges for the coverage required by this chapter shall not be excessive and shall be reasonably related to the cost of providing the coverage.
D.C. Code § 31-5716 — DC Code / Title 31 / Chapter 57 / § 31-5716
§ 31-5716. Exceptions for associations for profit, certain specified organizations.
Status: repealed

Repealed.
D.C. Code § 31-3801 — DC Code / Title 31 / Chapter 38 / § 31-3801
§ 31-3801. Payable benefits.
Status: in_force

All individual and group health insurance policies providing coverage on an expense-incurred basis and individual and group service-or indemnity-type contracts issued by a nonprofit health service plan shall provide that health insurance benefits shall be payable with respect to a newly born child of the insured or subscriber from the moment of birth.
D.C. Code § 31-1340 — DC Code / Title 31 / Chapter 13 / § 31-1340
§ 31-1340. Priority of distribution.
Status: in_force

The priority of distribution of claims from the insurer’s estate shall be in accordance with the order in which each class of claims is set forth in this chapter. Every claim in each class shall be paid in full or adequate funds retained for the payment before the members of the next class receive any payment. No subclasses shall be established within any class. The order of distribution of claims shall be:
(1) Class 1. The costs and expenses of administration during rehabilitation and liquidation, including, but not limited to the following:
  (A) The actual and necessary costs of preserving or recovering the assets of the insurer;
  (B) Compensation for all authorized services rendered in the rehabilitation and liquidation;
  (C) Any necessary filing fees;
  (D) The fees and mileage payable to witnesses;
  (E) Authorized reasonable attorney’s fees and other professional services rendered in the rehabilitation and liquidation; and
  (F) The reasonable expenses of a guaranty association or foreign guaranty association for unallocated loss adjustment expenses.
(2) Class 2. All claims under policies including the claims of the federal or any state or local government for losses incurred (“loss claims”), including third party claims and all claims of a guaranty association or foreign guaranty association. All claims under life insurance and annuity policies, whether for death proceeds, annuity proceeds, or investment values, shall be treated as loss claims. That portion of any loss, indemnification for which is provided by other benefits or advantages recovered by the claimant, shall not be included in this class, other than benefits or advantages recovered or recoverable in discharge of familial obligation of support, by way of succession at death, as proceeds of life insurance, or as gratuities. No payment by an employer to his or her employee shall be treated as a gratuity.
(3) Class 3. Claims of the federal or any state or local government, except those under Class 2. Claims, including those of any governmental body for a penalty or forfeiture, shall be allowed in this class only to the extent of the pecuniary loss sustained from the act, transaction, or proceeding out of which the penalty or forfeiture arose, with reasonable and actual costs occasioned thereby. The remainder of the claims shall be postponed to the class of claims under paragraph (8) of this section.
(4) Class 4. Reasonable compensation to employees for services performed to the extent that they do not exceed 2 months of monetary compensation and represent payment for services performed within one year before the filing of the petition for liquidation or, if rehabilitation preceded liquidation, within one year before the filing of the petition for rehabilitation. Principal officers and directors shall not be entitled to the benefit of this priority except as otherwise approved by the liquidator and the court. This priority shall be in lieu of any other similar priority that may be authorized by law as to wages or compensation of employees.
(5) Class 5. Claims under nonassessable policies for unearned premium or other premium refunds and claims of general creditors, including claims of ceding and assuming companies in their capacity as general creditors.
(6) Class 6. Claims filed late or any other claims other than claims under paragraphs (7) and (8) of this section.
(7) Class 7. Surplus or contribution notes, or similar obligations, and premium refunds on assessable policies. Payments to members of domestic mutual insurance companies shall be limited in accordance with law.
(8) Class 8. The claims of shareholders or other owners in their capacity as shareholders.
D.C. Code § 31-5110 — DC Code / Title 31 / Chapter 51 / § 31-5110
§ 31-5110. Choice of companies to provide required coverage.
Status: repealed

Repealed.
D.C. Code § 31-1131.09 — DC Code / Title 31 / Chapter 11A / § 31-1131.09
§ 31-1131.09. Exemption from examination and prelicensing education.
Status: in_force

(a) An individual who applies for a resident insurance producer license in the District shall not be required to complete any prelicensing education (if prelicensing education is required by the Commissioner pursuant to § 31-1131.05a ) or examination if:
  (1) The individual is currently licensed for the same line of authority in another state; or
  (2) (A) The application is received within 90 days of the cancellation of the applicant’s previous license for the same lines of authority in another state; and
    (B) (i) The prior state issues a certification that, at the time of cancellation, the person was in good standing in that state; or
      (ii) The state’s producer database records, maintained by the NAIC, its affiliates, or subsidiaries, indicate that the producer is or was licensed in good standing for the line of authority requested.
(b) Repealed.
(c) Repealed.
(d) Repealed.
(e) Repealed.
D.C. Code § 31-1372.08 — DC Code / Title 31 / Chapter 13A / § 31-1372.08
§ 31-1372.08. Securities lending, repurchase, reverse repurchase, and dollar roll transactions.
Status: in_force

(a) An insurer may enter into securities lending, repurchase, reverse repurchase, and dollar roll transactions with business entities, subject to the requirements of this section.
(b) The insurer’s board of directors shall adopt a written plan that is consistent with the requirements of the written plan in § 31-1371.04(a) that specifies guidelines and objectives to be followed, such as:
  (1) A description of how cash received will be invested or used for general corporate purposes of the insurer;
  (2) Operations procedures to manage interest rate risk and counterparty default risk, the conditions under which proceeds from reverse repurchase transactions may be used in the ordinary course of business, and the use of acceptable collateral in a manner that reflects the liquidity needs of the transaction; and
  (3) The extent to which the insurer may engage in these transactions.
(c) The insurer shall enter into a written agreement for all transactions authorized in this section other than dollar roll transactions. The written agreement shall require that each transaction terminate no more than one year from its inception or upon the earlier demand of the insurer. The agreement shall be with the business entity counterparty; provided, that for securities lending transactions, the agreement may be with an agent acting on behalf of the insurer if:
  (1) The agent is a qualified business entity; and
  (2) The agreement:
    (A) Requires the agent to enter into separate agreement with each counterparty that are consistent with the requirements of this section; and
    (B) Prohibits securities lending transactions under the agreement with the agent or its affiliates.
(d) Cash received in a transaction under this section shall be invested in accordance with this chapter and in a manner that recognizes the liquidity needs of the transaction or used by the insurer for its general corporate purposes. As long as the transaction remains outstanding, the insurer, its agent, or custodian shall maintain, as to acceptable collateral received in a transaction under this section, either physically or through the book entry systems of the Federal Reserve, Depository Trust Company, Participants Trust Company, or other securities depositories approved by the Commissioner:
  (1) Possession of the acceptable collateral;
  (2) A perfected security interest in the acceptable collateral; or
  (3) In the case of a jurisdiction outside of the United States, title, or rights of a secured creditor, to the acceptable collateral.
(e) The limitations of §§ 31-1372.02 and 31-1372.09 shall not apply to the business entity counterparty exposure created by transactions under this section. For purposes of calculations made to determine compliance with this subsection, no effect shall be given to the insurer’s future obligation to resell securities in the case of a repurchase transaction or to repurchase securities in the case of a reverse repurchase transaction. An insurer shall not enter into a transaction under this section if, as a result of and after giving effect to the transaction:
  (1) The aggregate amount of securities loaned to, sold to, or purchased from any one business entity counterparty under this section would exceed 5% of its admitted assets; provided, that in calculating the amount sold to or purchased from a business entity counterparty under repurchase or reverse repurchase transactions, effect may be given to netting provisions under a master written agreement; or
  (2) The aggregate amount of all securities then loaned to, sold to, or purchased from all business entities under this section would exceed 40% of its admitted assets.
(f) In a securities lending transaction, the insurer shall receive acceptable collateral having a market value as of the transaction date at least equal to 102% of the market value of the securities loaned by the insurer in the transaction as of that date. If at any time the market value of the acceptable collateral is less than the market value of the loaned securities, the business entity counterparty shall be obligated to deliver additional acceptable collateral, the market value of which, together with the market value of all acceptable collateral held in connection with the transaction, at least equals 102% of the market value of the loaned securities.
(g) In a reverse repurchase transaction, other than a dollar roll transaction, the insurer shall receive acceptable collateral having a market value as of the transaction date at least equal to 95% of the market value of the securities transferred by the insurer in the transaction as of that date. If at any time the market value of the acceptable collateral is less than 95% of the market value of the securities transferred, the business entity counterparty shall be obligated to deliver additional acceptable collateral, the market value of which, together with the market value of all acceptable collateral held in connection with the transaction, equals at least 95% of the market value of the transferred securities.
(h) In a dollar roll transaction, the insurer shall receive cash in an amount at least equal to the market value of the securities transferred by the insurer in the transaction as of the transaction date.
(i) In a repurchase transaction, the insurer shall receive as acceptable collateral transferred securities having a market value at least equal to 102% of the purchase price paid by the insurer for the securities. If at any time the market value of the acceptable collateral is less than 100% of the purchase price paid by the insurer, the business entity counterparty shall be obligated to provide additional acceptable collateral, the market value of which, together with the market value of all acceptable collateral held in connection with the transaction, equals at least 102% of the purchase price. Securities acquired by an insurer in a repurchase transaction shall not be sold in a reverse repurchase transaction, loaned in a securities lending transaction, or otherwise pledged.
D.C. Code § 31-2602.07 — DC Code / Title 31 / Chapter 26 / § 31-2602.07
§ 31-2602.07. Computation of unearned premiums.
Status: repealed

Repealed.
D.C. Code § 31-1406 — DC Code / Title 31 / Chapter 14 / § 31-1406
§ 31-1406. Cost of examinations.
Status: in_force

All expenses of the examinations shall be paid by the company examined, and the company shall timely pay the Mayor the actual expense of such an examination upon receipt of itemized bills provided by the Mayor. For purposes of expenses assessed and paid under this section, the provisions of Unit A of Chapter 3 of Title 2 shall not apply.
D.C. Code § 31-1310 — DC Code / Title 31 / Chapter 13 / § 31-1310
§ 31-1310. Grounds for rehabilitation.
Status: in_force

The Commissioner may apply by petition to the Superior Court of the District of Columbia for an order authorizing him or her to rehabilitate a domestic insurer or an alien insurer domiciled in the District based on any one or more of the following grounds:
(1) The insurer is in such a condition that the further transaction of business would be hazardous financially to its policyholders, creditors, or the public.
(2) There is reasonable cause to believe that there has been embezzlement from the insurer, wrongful sequestration or diversion of the insurer’s assets, forgery or fraud affecting the insurer, or other illegal conduct in, by, or with respect to the insurer that if established would endanger assets in an amount threatening the solvency of the insurer.
(3) The insurer has failed to remove any person who in fact has executive authority in the insurer, whether an officer, manager, general agent, employee, or other person, if the person has been found after notice and hearing by the Commissioner to be dishonest or untrustworthy in a way affecting the insurer’s business.
(4) Control of the insurer, whether by stock ownership or otherwise, and whether direct or indirect, is in a person or persons found after notice and hearing to be untrustworthy in any way that affects the insurer’s business.
(5) Any person who in fact has executive authority in the insurer, whether an officer, manager, general agent, director or trustee, employee, or other person, has refused to be examined under oath by the Commissioner concerning its affairs, whether in the District or elsewhere, and after reasonable notice of the fact, the insurer has failed promptly and effectively to terminate its relationship with that person, or to prevent that person from influencing the insurer’s management.
(6) After demand by the Commissioner under this chapter, or any law authorizing the Commissioner to examine the operations of an insurer, the insurer has failed to promptly make available for examination any of its own property, books, accounts, documents, or other records, or those of any subsidiary or related company within the control of the insurer, or those of any person having executive authority in the insurer so far as they pertain to the insurer.
(7) Without first obtaining the written consent of the Commissioner, the insurer has transferred, or attempted to transfer, in a manner contrary to Chapter 7 of this title , substantially its entire property or business, or has entered into any transaction the effect of which is to merge, consolidate, or reinsure substantially its entire property or business in or with the property or business of any other person.
(8) The insurer or its property has been or is the subject of an application for the appointment of a receiver, trustee, custodian, conservator, or sequestrator or similar fiduciary of the insurer or its property other than as authorized under the insurance laws of the District, and the appointment has been made or is imminent, and the appointment would deprive the courts of the District of Columbia of jurisdiction or might prejudice the orderly delinquency proceedings under this chapter.
(9) The insurer, within the previous 4 years, willfully violated its charter or articles of incorporation, its bylaws, any insurance law of the District, or any valid order of the Commissioner.
(10) The insurer has failed to pay, within 60 days after due date, any obligation to any state or any subdivision or any judgment entered in any state, if the court in which the judgment was entered had jurisdiction over the subject matter, except that the nonpayment shall not be a ground until 60 days after any good faith effort by the insurer to contest the obligation has been terminated, whether it is before the Commissioner or in court, or the insurer has systematically attempted to compromise or renegotiate previously agreed settlements with its creditors on the ground that it is financially unable to pay its obligations in full.
(11) The insurer has failed to file its annual report or other financial report required by statute within the time allowed by law, and, after written demand by the Commissioner, has failed to give an adequate explanation immediately.
(12) The board of directors or the holders of a majority of the shares entitled to vote, or a majority of those individuals entitled to the control of those entities specified in the insurance laws of the District, request or consent to rehabilitation under this chapter.
D.C. Code § 31-1131.17 — DC Code / Title 31 / Chapter 11A / § 31-1131.17
§ 31-1131.17. Reporting of actions.
Status: in_force

(a) An insurance producer shall report to the Commissioner any administrative action taken against the insurance producer in another jurisdiction or by another governmental agency in the District within 30 days of the final disposition of the matter. The report shall include a copy of the order, consent to order, or other relevant legal documents.
(b) Within 30 days of the initial pretrial hearing date, an insurance producer shall report to the Commissioner any criminal prosecution of the insurance producer taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.
D.C. Code § 31-2231.02 — DC Code / Title 31 / Chapter 22A / § 31-2231.02
§ 31-2231.02. General prohibition.
Status: in_force

(a) This chapter shall be construed to permit an administrative remedy only, and nothing in this chapter shall be construed to create or imply a private cause of action for a violation of this chapter.
(b) This chapter shall not be construed to extinguish, limit, or otherwise impair any existing right in law or equity for conduct that is otherwise actionable.
D.C. Code § 31-851 — DC Code / Title 31 / Chapter 8A / § 31-851
§ 31-851. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Commissioner” means the Commissioner of Insurance and Securities Regulation [Commissioner of the Department of Insurance, Securities, and Banking].
(2) “Company” means all insurance companies or carriers that are licensed in the District and subject to the regulatory authority of the Commissioner.
(3) “District” means the District of Columbia.
(4) “Insurance compliance audit” means a voluntary internal evaluation, review, assessment, or audit by a company not otherwise expressly required by law. An insurance compliance audit may be conducted by the company, its employees, or by independent contractors.
(5) (A) “Insurance compliance self-evaluative audit document” means a document prepared as a result of or in connection with, and not prior to, an insurance compliance audit. An insurance compliance self-evaluation audit document may include:
    (i) A written response to the findings of an insurance compliance audit;
    (ii) Field notes and records of observations, findings, opinions, suggestions, conclusions, drafts, memoranda, drawings, photographs, exhibits, computer-generated or electronically recorded information, maps, charts, graphs, and surveys; provided, that this supporting information is collected or developed for the primary purpose of, and in connection with, an insurance compliance audit;
    (iii) An insurance compliance audit report prepared by an auditor who may be an employee of the company or an independent contractor, which report may include the scope of the audit, information produced by the audit, and conclusions and recommendations, with exhibits and appendices;
    (iv) Memoranda and documents analyzing portions or all of the insurance compliance audit report and discussing potential implementation issues;
    (v) An implementation plan that addresses correcting past noncompliance, improving current compliance, and preventing future noncompliance; or
    (vi) Analytic data generated in the course of conducting the insurance compliance audit.
  (B) “Insurance compliance self-evaluative audit document” shall not include documents, communications, data, reports, or other information created as a result of a claim involving personal injury or workers’ compensation made against an insurance policy.
(6) “Privilege” means the insurance compliance self-evaluative privilege created by § 31-853(a) .
D.C. Code § 31-4432 — DC Code / Title 31 / Chapter 44 / § 31-4432
§ 31-4432. Maximum and contingent premiums of mutual companies.
Status: repealed

Repealed.
D.C. Code § 31-3171.15 — DC Code / Title 31 / Chapter 31D / § 31-3171.15
§ 31-3171.15. Dissolution of the Authority.
Status: in_force

Upon dissolution, liquidation, or other termination of the Authority:
(1) All rights and properties of the Authority shall pass to and be vested in the District, subject to the rights of lien holders and other creditors;
(2) Any net earnings of the Authority, beyond that necessary for retirement of any indebtedness or to implement a public purpose or program of the District authorized under this chapter, shall not inure to the benefit of any person other than the District;
(3) The expenditure of any net earnings shall be restricted to costs related to the direct delivery of health care to residents of the District.
D.C. Code § 31-2408.01 — DC Code / Title 31 / Chapter 24 / § 31-2408.01
§ 31-2408.01. Uninsured Motorist Fund.
Status: in_force

(a) A fund is established in the District, to be known as the Uninsured Motorist Fund (“Fund”), for the purpose of awarding compensation to a victim of an accident who sustains injury therefrom and would not otherwise be compensated for his or her loss. Assessment shall be made, on a fair and equitable basis, among all insurers in accordance with projections of the District government as to costs required for reasonable funding and administration of the Fund. The Fund shall be classified by the Mayor pursuant to § 47-375 . The Fund shall be administered by the Mayor.
  (1) All compensation awarded under this section shall be paid from the monies in the Fund.
  (2) Monies in the Fund shall consist of, and there shall be deposited in the District of Columbia treasury to the credit of the Fund, monies received pursuant to subsection (a) of this section.
(b) A victim is eligible for compensation under this section subject to the following conditions:
  (1) The accident upon which the claim is based was reported to the Mayor not more than 45 days after the accident occurred, except that this requirement may be waived for good cause shown.
  (2) The victim files a claim on a form supplied by the Mayor and submits all required information and documents within 180 days after the accident, except that this requirement may be extended for good cause shown or if the victim is still undergoing medical treatment for injuries relating to the accident.
  (3) The victim has suffered loss in an amount exceeding $100 as a result of the accident upon which the claim is based.
  (4) The victim shall be eligible if the only identifiable insurer or insurers, who would otherwise be obligated to compensate the victim, are financially unable to fulfill their obligations.
(c) The victim shall not be eligible if the victim is at fault, is an insured, owns a registered motor vehicle, or operated a motor vehicle in the accident upon which the claim is based.
(d) Claims shall be processed and maintained in the order of their filing.
(e) The amounts of compensation awarded shall be equal to the amount of the victim’s loss, decreased by all amounts received by or available to the victim from collateral sources. No compensation shall be awarded pursuant to this section in an amount exceeding $100,000 in medical and rehabilitative expenses, $24,000 in wage loss, and $4,000 in funeral expenses. No final award of compensation shall be made unless the Fund contains sufficient monies to pay the award.
(f) In addition to the amount of compensation awarded to a successful claimant, a reasonable fee may be awarded for any professional assistance required in connection with any claim under this section. The fee may not exceed 10% of the amount of the claimant’s award or $1,000, whichever is less.
(g) (1) Nothing in this section shall deprive the claimant or the claimant’s successors in interest of the right to recover damages from the negligent party.
  (2) The District of Columbia shall be subrogated to the claimant’s right against the negligent party to the extent of any compensation awarded under this section. The District of Columbia may initiate a suit against the negligent party for damages. The District of Columbia shall be notified by the plaintiff of the institution of any suit against the negligent party for damages. The District of Columbia shall have a lien on any recovery made from such a suit. All monies recovered through subrogation shall be deposited in the District of Columbia treasury to the credit of the Uninsured Motorist Fund.
(h) Any agreement by a person to waive, release, or commute his or her rights under this section is void. Compensation awarded under this section is exempt from execution, attachment, or other remedy for recovery or collection of debt, except for expenses resulting from injury or death which is the basis for the claim.
(i) Any person who knowingly submits false information in support of a claim under this section or knowingly suppresses relevant information concerning a claim under this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $2,000 or imprisoned for not more than 1 year, or both. A person convicted of an offense under this subsection shall forfeit any compensation under this section and shall reimburse and repay to the District of Columbia any compensation received pursuant to this section.
(j) (1) The Mayor shall administer the provisions of this section, and shall issue rules necessary to carry out the provisions and purposes of this section.
  (2) The Mayor shall report annually to the Council of the District of Columbia on the status and activities of the Uninsured Motorist Fund. The report shall include, but is not limited to, the following information: Total number of claims filed, the number of claims approved and the amount of each award, the number of claims denied, the number of cases in which the claimant used professional assistance, the cumulative total of professional fees paid, the number of cases pending, and the future liability of the Uninsured Motorist Fund.
D.C. Code § 31-4416 — DC Code / Title 31 / Chapter 44 / § 31-4416
§ 31-4416. Mutual companies — Corporations, boards, or associations as agents or members thereof.
Status: in_force

Public or private corporations, boards, or associations of the District or elsewhere may make applications, enter into agreements for, hold policies in, and become members of mutual companies. Any officer, stockholder, trustee, or legal representative of any such corporation, board, association, or of an estate may be recognized as acting for or on its behalf, but shall not be personally liable by reason of acting in such representative capacity.
D.C. Code § 31-3841.02 — DC Code / Title 31 / Chapter 38C / § 31-3841.02
§ 31-3841.02. Pregnancy as a qualifying event.
Status: in_force

(a) A health insurer shall allow for a special enrollment period for a pregnant individual for:
  (1) Sixty days when offering individual health insurance coverage from the date of confirmation of pregnancy, as certified by a licensed healthcare professional acting within the scope of the professional's practice; and
  (2) At least 30 days when offering group health insurance coverage from the date of confirmation of pregnancy, as certified by a licensed healthcare professional acting within the scope of the professional's practice.
(b) Coverage shall be effective as of the first of the month in which the health care professional certifies the individual is pregnant, unless the individual elects to have coverage effective on the first day of the month following the date that the individual makes a plan selection.
D.C. Code § 31-3703 — DC Code / Title 31 / Chapter 37 / § 31-3703
§ 31-3703. Standards for policy provisions and authority to promulgate regulations.
Status: in_force

(a) No Medicare supplement policy or certificate in force in the District of Columbia shall contain benefits that duplicate benefits provided by Medicare.
(b) Notwithstanding any other provision of law of the District of Columbia, a Medicare supplement policy or certificate shall not exclude or limit benefits for losses incurred more than 6 months from the effective date of coverage because it involved a preexisting condition. The policy or certificate shall not define a preexisting condition more restrictively than a condition for which medical advice was given or treatment was recommended by or received from a physician within 6 months before the effective date of coverage.
(c) The Mayor shall issue reasonable regulations to establish specific standards for policy provisions of Medicare supplement policies and certificates. These standards shall be in addition to and in accordance with applicable laws of the District of Columbia. No requirement of District of Columbia law relating to minimum required policy benefits, other than the minimum standards contained in this subchapter, shall apply to Medicare supplement policies and certificates. The standards may cover, but not be limited to:
  (1) Terms of renewability;
  (2) Initial and subsequent conditions of eligibility;
  (3) Nonduplication of coverage;
  (4) Probationary periods;
  (5) Benefit limitations, exceptions, and reductions;
  (6) Elimination periods;
  (7) Requirements for replacement;
  (8) Recurrent conditions; and
  (9) Definition of terms.
(d) The Mayor shall issue reasonable regulations to establish minimum standards for benefits, claims payment, marketing practices, compensation arrangements, and reporting practices for Medicare supplement policies and certificates.
(e) The Mayor may issue reasonable regulations necessary to conform Medicare supplement policies and certificates to the requirements of federal law and regulations promulgated thereunder, including, but not limited to:
  (1) Requiring refunds or credits if the policies or certificates do not meet loss ratio requirements;
  (2) Establishing a uniform methodology for calculating and reporting loss ratios;
  (3) Assuring public access to policies, premiums, and loss ratio information of issuers of Medicare supplement insurance;
  (4) Establishing a process for approving or disapproving policy forms and certificate forms and proposed premium increases;
  (5) Establishing a policy for holding public hearings prior to approval of premium increases; and
  (6) Establishing standards for Medicare select policies and certificates.
(f) The Mayor may issue reasonable regulations that specify prohibited policy provisions not otherwise specifically authorized by statute, which, in the opinion of the Mayor, are unjust, unfair, or unfairly discriminatory to any person insured or proposed to be insured under a Medicare supplement policy or certificate.
D.C. Code § 31-5708 — DC Code / Title 31 / Chapter 57 / § 31-5708
§ 31-5708. Reincorporation or continuance of powers of existing corporations.
Status: repealed

Repealed.
D.C. Code § 31-2007 — DC Code / Title 31 / Chapter 20 / § 31-2007
§ 31-2007. Hearings.
Status: in_force

(a) The insurer shall have a right to a hearing, at which the insurer may challenge any of the following determinations or actions by the Commissioner:
  (1) Notification to an insurer by the Commissioner of an Adjusted RBC Report;
  (2) Notification to an insurer by the Commissioner that:
    (A) The insurer’s RBC Plan or Revised RBC Plan is unsatisfactory; and
    (B) Such notification constitutes a Regulatory Action Level Event with respect to such insurer;
  (3) Notification to any insurer by the Commissioner that the insurer has failed to adhere to its RBC Plan or Revised RBC Plan and that such failure has a substantial adverse effect on the ability of the insurer to eliminate the Company Action Level Event with respect to the insurer in accordance with its RBC Plan or Revised RBC Plan; or
  (4) Notification to an insurer by the Commissioner of a Corrective Order with respect to the insurer.
(b) The insurer shall notify the Commissioner of its request for a hearing within 5 days after the notification by the Commissioner under subsection (a) of this section. Upon receipt of the insurer’s request for a hearing, the Commissioner shall set a date for the hearing, which date shall be no less than 10 nor more than 30 days after the date of the insurer’s request.
D.C. Code § 31-3875.03 — DC Code / Title 31 / Chapter 38F / § 31-3875.03
§ 31-3875.03. Prior authorization in non-urgent, urgent, and emergency circumstances.
Status: in_force

(a) If a utilization review entity requires prior authorization of a health care service, the utilization review entity shall, after receiving all required information to make its decision, make an approval or adverse determination and notify the enrollee, representative, and the enrollee's health care provider of its decision within:
  (1) For an urgent health care service, 24 hours;
  (2) Not Funded.
  (3) For all other health care services, 3 business days of receiving the request via electronic portal or 5 business days of receiving the request via mail, telephone, or facsimile.
(b) A health care service described under subsection (a) of this section shall be deemed approved if the utilization review entity does not provide notice within the time frames provided by that subsection.
(c) The notice required under subsection (a) of this section shall include:
  (1) The qualifications of the individual making the determination, including:
    (A) States in which the individual is licensed;
    (B) Status of their medical licenses; and
    (C) Their medical specialty; and
  (2) For an adverse determination, an explanation of:
    (A) The utilization review entity's reasons for making an adverse determination based on its prior authorization requirements;
    (B) The enrollee's right to appeal;
    (C) The process to file an appeal; and
    (D) All information necessary to support a successful appeal of the adverse determination.
(d) (1) If the utilization review entity determines that required information is missing, the utilization review entity shall promptly notify the enrollee, representative, and the enrollee's health care provider of its need for additional information.
  (2) Prior to issuing an adverse determination, the utilization review entity shall notify the enrollee's health care provider that the medical necessity of the health care service is being questioned and give the responsible physician an opportunity to provide additional information or clarification on the medical necessity of the health care service.
(e) (1) A utilization review entity shall provide an enrollee, representative, and the enrollee's health care provider a minimum of 24 hours (excluding weekends and legal public holidays) following an emergency hospital admission or the provision of an emergency health care service to notify the utilization review entity of the admission or provision of the emergency health care service.
  (2) If a health care provider certifies in writing to a utilization review entity within 72 hours of an enrollee's receipt of an emergency health care service that the enrollee's condition required the provision of such service, the service shall be presumed to have been medically necessary and may be rebutted only if the utilization review entity establishes through clear and convincing evidence that the emergency health care service was not medically necessary.
  (3) A utilization review entity may not consider whether the emergency health care service was provided by a nonparticipating provider when determining the medical necessity or appropriateness of the service and may not impose greater restrictions on the coverage of emergency health care services provided by nonparticipating providers than those that apply to the same services provided by participating providers.
(f) For purposes of this section, the term "required information" includes the results of any face-to-face clinical evaluation or second opinion that may be required under the utilization review entity's prior authorization requirements.
D.C. Code § 31-2361.05 — DC Code / Title 31 / Chapter 23R / § 31-2361.05
§ 31-2361.05. Reporting requirements.
Status: in_force

(a) The Department shall collect from each appraisal management company registered or seeking to be registered in the District the information and fees that the Department requires to be submitted to it pursuant to regulations or guidance promulgated by the Department.
(b) A federally regulated appraisal management company operating in the District must report to the Department the information required to be submitted by the District to the Appraisal Subcommittee, pursuant to the Appraisal Subcommittee's policies regarding the determination of the appraisal management company AMC National Registry fee.  These reporting requirements will be set forth by the Department by rule, and shall include:
  (1) A report to the Department on a form prescribed by the Department of intent to operate in the District of Columbia; and
  (2) (A) Information related to whether the appraisal management company is owned in whole or in part, directly or indirectly, by any person who has had an appraiser license or certificate refused, denied, canceled, surrendered in lieu of revocation, or revoked in any state for a substantive cause, as determined by the Appraisal Subcommittee; and
    (B) If a person has had such action taken on his or her appraisal license, information related to whether the license was revoked for a substantive cause and whether it has been reinstated by the state or states in which the appraiser was licensed or certified.
D.C. Code § 31-5406 — DC Code / Title 31 / Chapter 54 / § 31-5406
§ 31-5406. Assessments.
Status: in_force

(a) The Board of Directors shall assess the member insurers for the amounts necessary to carry out the powers and duties of the Association. Assessments shall be made separately for the life insurance and annuity account and for the health insurance account and shall be maintained in a District of Columbia bank, which is subject to the District of Columbia Community Development Program under the supervision of the District of Columbia Office of Banking and Financial Institutions. Assessments shall be due not less than 30 days after prior written notice to the member insurers and shall accrue interest monthly until paid.
(b) There shall be 2 assessments, as follows:
  (1) Class A assessments shall be made for the purposes of meeting administrative and legal costs and other expenses and examinations conducted under the authority of § 31-5409(e) . Class A assessments may be made whether or not related to a particular impaired or insolvent insurer.
  (2) Class B assessments shall be made to the extent necessary to carry out the powers and duties of the Association under § 31-5405 with regard to an impaired or insolvent insurer.
(c) (1) The amount of any Class A assessment shall be determined by the Board and may be authorized and called on a pro rata or non-pro rata basis.  If the Class A assessment is called on a pro rata basis, the Board may provide that it be credited against future Class B assessments.  The amount of any Class B assessment, except for assessments related to long-term care insurance, shall be allocated for assessment purposes between the accounts and among the subaccounts of the life insurance and annuity account pursuant to an allocation formula which may be based on the premiums or reserves of the impaired or insolvent insurer, or any other standard considered by the Board in its sole discretion to be fair and reasonable.
  (2) The amount of the Class B assessment for long-term care insurance written by the impaired or insolvent insurer shall be allocated according to a methodology included in the plan of operations and approved by the Commissioner.  The methodology shall provide for 50% of the assessment to be allocated to accident and health member insurers and 50% to be allocated to life and annuity member insurers.
  (3) Assessments for funds to meet the requirements of the Association with respect to an impaired or insolvent insurer shall not be authorized or called until necessary to implement the purposes of this chapter. Classification of assessments under subsection (b) of this section and computation of assessments under this subsection shall be made with a reasonable degree of accuracy, recognizing that exact determinations may not always be possible.
(d) (1) The Association may abate or defer, in whole or in part, the assessment of a member insurer if the Board concludes that payment of the assessment would endanger the ability of the member insurer to fulfill its contractual obligations.
  (2) In the event an assessment against a member insurer is abated or deferred in whole or in part, the amount by which the assessment is abated or deferred may be assessed against the other member insurers in a manner consistent with the basis for assessments set forth in this section.
(e) (1) The total of all assessments upon a member insurer for the life and annuity account and for each subaccount thereunder shall not in any 1 calendar year exceed 2% and for the health account shall not in any 1 calendar year exceed 2% of the insurer’s average premiums received in the District of Columbia on the policies and contracts covered by the account during the 3 calendar years preceding the year in which the insurer is declared impaired or insolvent. If the maximum assessment, together with the other assets of the Association in any account, does not provide in any 1 year in either account an amount sufficient to carry out the responsibilities of the Association, the necessary additional funds shall be assessed as soon thereafter as permitted by this chapter.
  (2) The Board may provide in the plan of operation a method of allocating funds among claims, whether relating to 1 or more impaired or insolvent insurers, when the maximum assessment will be insufficient to cover anticipated claims.
  (3) If the maximum assessment for any subaccount of the life and annuity account in any 1 year does not provide an amount sufficient to carry out the responsibilities of the Association, then pursuant to subsection (c)(2) of this section, the Board shall assess all subaccounts of the life and annuity account for the necessary additional amount, subject to the maximum stated in paragraph (1) of this subsection.
(f) (1) The Board may, by an equitable method as established in the plan of operation, refund to member insurers, in proportion to the contribution of each insurer to that account, the amount by which the assets of the account exceed the amount the Board finds is necessary to carry out, during the coming year, the obligations of the Association with regard to that account, including assets accruing from assignments, subrogation, net realized gains, and income from investments.
  (2) A reasonable amount may be retained in any account in a District of Columbia bank, which is subject to the District of Columbia Community Development Program under the supervision of the District of Columbia Office of Banking and Financial Institutions, to provide funds for the continuing expenses of the Association and for future losses.
(g) It shall be proper for any member insurer, in determining its premium rates and policyholder dividends for any kind of insurance within the scope of this chapter, to consider the amount reasonably necessary to meet its assessment obligations under this chapter.
(h) The Association shall issue to each insurer paying an assessment under this chapter, other than a Class A assessment, a certificate of contribution, in a form prescribed by the Mayor, for the amount of the assessment so paid. All outstanding certificates shall be of equal value, dignity, and priority without references to amounts or dates of issue. A certificate of contribution may be shown by the insurer in its financial statement as an asset in the form and for the amount, if any, and period of time as the Mayor may approve.
(i) For the purposes of this section, the term:
  (1) “Authorized” means, when used in the context of assessments, a resolution by the Board of Directors that has been passed by which an assessment will be called immediately or in the future from member insurers for a specified amount. An assessment is authorized when the resolution is passed.
  (2) “Called” means, when used in the context of assessments, that a notice has been issued by the Association to member insurers requiring that an authorized assessment be paid within the time frame set forth within the notice. An authorized assessment becomes a called assessment when notice is mailed by the Association to member insurers.
D.C. Code § 31-4410 — DC Code / Title 31 / Chapter 44 / § 31-4410
§ 31-4410. Increase of capital stock.
Status: in_force

(a) If a company amends its articles of incorporation by providing for an increase of its capital stock, such increase shall be subscribed and fully paid up within 1 year of the date of such amendment, unless the Commissioner shall certify his consent to an extension of such time. Failure to have such increase of capital stock paid up within the time provided may be considered grounds for ousting the company from its powers under any such amendment to such articles of incorporation by a court of competent jurisdiction in a proceeding by the Commissioner, the Corporation Counsel representing him, against the company for such judgment.
(b) Subsection (a) of this section shall not be applicable to an amendment of the articles of incorporation providing for an increase of capital stock wherein said amendment provides that said increase will be reserved for issuance for: (1) the acquisition of the ownership or control of another insurance company as an affiliate or subsidiary subject to the limitations of § 31-4435(a)(10)(B) [repealed]; provided, however, that no such acquisition shall be consummated until it has been approved or ratified by stockholders representing at least a majority of the capital stock entitled to votes; (2) the granting of options to officers or employees of the company to purchase authorized but unissued shares of stock of the company, for such consideration and upon such terms and conditions as may be fixed by the board of directors; provided, however, that: (A) at no time shall the number of shares reserved for this purpose exceed, in the aggregate, 5% of the total authorized shares of stock of the company; (B) no more than 10% of the total number of shares authorized to be optioned may be made available to any individual under any and all options issued to him by the company; (C) no option shall be promised or granted: (i) to any individual employed by an insurance company authorized to do business in the District of Columbia (other than the company promising or granting the option or a subsidiary of the company promising or granting the option) while that individual is so employed; or (ii) to any individual within 2 years following the termination of his employment with such an insurance company; (D) the option price of shares subject to any such option shall not be less than 95% of the fair market value of such shares at the time the option is granted and shall be not less than the par value of such shares; (E) any such option shall not be transferable except by will or the laws of descent and distribution; and (F) any such option shall not be exercisable after the expiration of 10 years from the time the option is granted; or (3) the paying of stock dividends; provided, that at no time shall the number of shares of reserved unissued stock exceed the number of shares of issued and outstanding shares of stock of said company.
D.C. Code § 31-5008 — DC Code / Title 31 / Chapter 50 / § 31-5008
§ 31-5008. Annual reports by Association; additional information.
Status: in_force

The Joint Underwriting Association shall file with the Mayor, annually on or before the 1st day of March, a statement which shall contain information with respect to its transactions, condition, operations, and affairs during the preceding year. Such statement shall contain such matters and information as are prescribed by the Mayor and shall be in such form as is approved by him. The Mayor may at any time require the Association to furnish him with additional information with respect to its transactions, condition, or any matter connected therewith which he considers to be material and which will assist him in evaluating the scope, operation, and experience of the Association.
D.C. Code § 31-1704 — DC Code / Title 31 / Chapter 17 / § 31-1704
§ 31-1704. Effects of redomestication.
Status: in_force

(a) The certificate of authority, agent appointments and licenses, rates, and other items which the Commissioner allows, in his or her discretion, which are in existence at the time any insurer licensed to transact the business of insurance in the District transfers its corporate domicile to the District or any other state by merger, consolidation, or any other lawful method shall continue in full force and effect upon the transfer if the insurer remains duly qualified to transact the business of insurance in the District. All outstanding policies of any transferring insurer shall remain in full force and effect and need not be endorsed as to the new name of the company or its new location unless so ordered by the Commissioner.
(b) Every transferring insurer shall file new policy forms with the Commissioner on or before the effective date of the transfer, but may use existing policy forms with appropriate endorsements if allowed by, and under such conditions as approved by, the Commissioner.
(c) Every such transferring insurer shall notify the Commissioner of the details of the proposed transfer and shall file promptly any resulting amendments to corporate documents filed or required to be filed with the Commissioner.
D.C. Code § 31-1357 — DC Code / Title 31 / Chapter 13 / § 31-1357
§ 31-1357. Subordination of claims for noncooperation.
Status: in_force

If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator in the District any assets within his or her control other than special deposits, diminished only by the expenses of the ancillary receivership, if any, the claims filed in the ancillary receivership, other than special deposit claims or secured claims, shall be placed in the class of claims under § 31-1340(7) .
D.C. Code § 31-1342 — DC Code / Title 31 / Chapter 13 / § 31-1342
§ 31-1342. Distribution of assets.
Status: in_force

Under the direction of the court, the liquidator shall pay distributions in a manner that will assure the proper recognition of priorities and a reasonable balance between the expeditious completion of the liquidation and the protection of unliquidated and undetermined claims, including third party claims. Distribution of assets in kind may be made at valuations set by agreement between the liquidator and the creditor and approved by the court.
D.C. Code § 31-5031.07 — DC Code / Title 31 / Chapter 50A / § 31-5031.07
§ 31-5031.07. Admitted asset standards.
Status: in_force

In determining the financial condition of a domestic title insurer doing business under this chapter, the general investment provisions of the Chapter 13A  of  this  title [ §  31-1371.01 et seq. ], shall apply; provided, that:
(1) An investment in a title plant or plants in an amount equal to the actual cost shall be allowed as an admitted asset for title insurers; and
(2) The aggregate amount of the investment shall not exceed the lesser of 20% of admitted assets or 40% of surplus to policyholders, as shown on the most recent annual statement of the title insurer on file with the Commissioner.
D.C. Code § 31-603 — DC Code / Title 31 / Chapter 6 / § 31-603
§ 31-603. Statements to be filed by beneficial owners, directors, or officers; sales restrictions; exemptions; equity security defined; rules and regulations; violations; effective date.
Status: in_force

(a) Every person who is directly or indirectly the beneficial owner of more than 10% of any class of any equity security of a domestic stock insurance company, or who is a director or an officer of such company, shall file in the office of the Commissioner on or before the 31st day of December 1965, or within 10 days after he becomes such beneficial owner, director, or officer, a statement, in such form as the Commissioner may prescribe, of the amount of all equity securities of such company of which he is the beneficial owner, and within 10 days after the close of each calendar month thereafter, if there has been a change in such ownership during such month, shall file in the office of the Commissioner a statement, in such form as the Commissioner may prescribe, indicating his ownership at the close of the calendar month and such changes in his ownership as have occurred during such calendar month.
(b) For the purpose of preventing the unfair use of information which may have been obtained by such beneficial owner, director, or officer by reason of his relationship to such company, any profit realized by him from any purchase and sale, or any sale and purchase, of any equity security of such company within any period of less than 6 months, unless such security was acquired in good faith in connection with a debt previously contracted, shall inure to and be recoverable by the company, irrespective of any intention on the part of such beneficial owner, director, or officer in entering into such transaction of holding the security purchased or of not repurchasing the security sold for a period exceeding 6 months. Suit to recover such profit may be instituted at law or in equity in any court of competent jurisdiction by the company, or by the owner of any security of the company in the name and in behalf of the company if the company shall fail or refuse to bring such suit within 60 days after request or shall fail diligently to prosecute the same thereafter; but no such suit shall be brought more than 2 years after the date such profit was realized. This section shall not be construed to cover any transaction where such beneficial owner was not such both at the time of the purchase and sale, or the sale and purchase, of the security involved, or any transaction or transactions which the Council of the District of Columbia by rules and regulations may exempt as not comprehended within the purpose of this section.
(c) It shall be unlawful for any such beneficial owner, director, or officer, directly or indirectly, to sell any equity security of such company if the person selling the security or his principal: (1) does not own the security sold; or (2) if owning the security, does not deliver it against such sale within 20 days thereafter, or does not within 5 days after such sale deposit it in the mails or other usual channels of transportation; but no person shall be deemed to have violated this section if he proves that, notwithstanding the exercise of good faith, he was unable to make such delivery or deposit within such time, or that to do so would cause undue inconvenience or expense.
(d) The provisions of subsection (b) of this section shall not apply to any purchase and sale, or sale and purchase, and the provisions of subsection (c) of this section shall not apply to any sale, of an equity security of a domestic stock insurance company not then or theretofore held by him in an investment account, by a dealer in the ordinary course of his business and incident to the establishment or maintenance by him of a primary or secondary market (otherwise than on an exchange as defined in the Securities Exchange Act of 1934) for such security. The Council of the District of Columbia may, by such rules and regulations as it deems necessary or appropriate in the public interest, define and prescribe terms and conditions with respect to securities held in an investment account and transactions made in the ordinary course of business and incident to the establishment or maintenance of a primary or secondary market.
(e) The provisions of subsections (a), (b), and (c) of this section shall not apply to foreign or domestic arbitrage transactions unless made in contravention of such rules and regulations as the Council of the District of Columbia may adopt in order to carry out the purposes of this section.
(f) The term “equity security” when used in this section means any stock or similar security; or any security convertible with or without consideration, into such a security, or carrying any warrant or right to subscribe to or purchase such a security; or any such warrant or right; or any other security which the Council of the District of Columbia shall deem to be of similar nature and consider necessary or appropriate, by such rules and regulations as it may prescribe in the public interest or for the protection of investors, to treat as an equity security.
(g) The provisions of subsections (a), (b), and (c) of this section shall not apply to securities of a domestic stock insurance company if:
  (1) Such securities shall be registered, or shall be required to be registered, pursuant to § 12 of the Securities Exchange Act of 1934, as amended (§ 781 of Title 15, United States Code); or
  (2) Such domestic stock insurance company shall not have any class of its equity securities held of record by 100 or more persons on the last business day of the year next preceding the year in which equity securities of the company would be subject to the provisions of subsections (a), (b), and (c) of this section except for the provisions of this paragraph.
(h) The Council of the District of Columbia shall make such rules and regulations as may be necessary for the execution of the functions vested in the Commissioner by subsections (a) through (g) of this section, and may for such purpose classify domestic stock insurance companies, securities, and other persons or matters within his jurisdiction. No provisions of subsection (a), (b), or (c) of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule or regulation of the Council notwithstanding that such rule or regulation may, after such act or omission, be amended or rescinded or determined by judicial or other authority to be invalid for any reason.
(i) Any person who willfully violates any provision of this section, or any rule or regulation thereunder, the violation of which is made unlawful by this section or the observance of which is required under the terms of this section, or any person who willfully and knowingly makes, or causes to be made, any statement in any application, report, or document required to be filed under this section, which statement was false or misleading with respect to any material fact, shall upon conviction be fined not more than $1,000, or be imprisoned not more than 30 days, or both. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or any rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2 . Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2 .
(j) This section shall take effect 30 days after April 18, 1966.
D.C. Code § 31-3311.08 — DC Code / Title 31 / Chapter 33A / § 31-3311.08
§ 31-3311.08. Annual report and recommendations.
Status: in_force

On June 1, 2011, and every year thereafter, the Commissioner shall report to the Council any significant National Association of Insurance Commissioners adoptions related to health care reform, including medical loss ratios and loss ratio disclosure, and any recommendations if the District law differs.
D.C. Code § 31-6205 — DC Code / Title 31 / Chapter 62 / § 31-6205
§ 31-6205. Conformance of policies to requirements of Superintendent; excess rates.
Status: repealed

Repealed.
D.C. Code § 31-5723 — DC Code / Title 31 / Chapter 57 / § 31-5723
§ 31-5723. Separation of fraternal and insurance activities — Certificate of corporation to be filed; contents.
Status: repealed

Repealed.
D.C. Code § 31-2995.01 — DC Code / Title 31 / Chapter 29C / § 31-2995.01
§ 31-2995.01. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “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.
(2) “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.
(3) “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 of the Department of Insurance, Securities, and Banking.
(4) “Individual health plan” means a plan offering health insurance coverage offered to individuals other than in connection with a group health plan.
D.C. Code § 31-3517 — DC Code / Title 31 / Chapter 35 / § 31-3517
§ 31-3517. Management contracts and service agreements.
Status: in_force

(a) Any management contract or service agreement which delegates to any person or organization all or part of a substantial management duty, function, or other form of control of a corporation, such as adjustment of claims, production of business, investment of assets, or general servicing of the corporation’s business, must be filed with the Mayor at least 30 days before the effective date of the contract or agreement.
(b) This requirement in subsection (a) of this section shall not apply to personal services contracts of executives of a corporation. Nor shall that requirement apply to contracts by groups of affiliated companies for shared services, such as maintenance, security, purchasing, and the like, where costs to the individual member companies are charged on an actually incurred or pro rata basis, except that these contracts shall be in writing.
(c) The Mayor shall disapprove any management contract or service agreement filed pursuant to subsection (a) of this section if, at any time, the Mayor finds one or more of the following:
  (1) That the service or management charges are based upon criteria unrelated either to the managed corporation’s profits or the reasonable, customary, and usual charges for such services, or are based on factors unrelated to the value of such services to the corporation;
  (2) That management personnel or other employees of the corporation are to perform functions and receive any remuneration therefor under the management contract or service agreement in addition to the compensation received by way of salary for their services directly from the corporation;
  (3) That the management contract or service agreement would transfer:
    (A) Substantial control of the corporation or the basic functions of the corporation’s management; or
    (B) Any of the powers vested in the board of directors or trustees by statute, the corporation’s articles of incorporation, or its bylaws;
  (4) That the management contract or service agreement contains provisions which would be clearly detrimental to the best interests of contractholders or subscribers of the corporation; or
  (5) That the officers, directors, or trustees of the contractor under the management contract or service agreement are of bad character or have been affiliated, directly or indirectly, through ownership, control, management, reinsurance transactions, or other insurance or business relations with any person or persons who have been involved in the improper manipulation of assets, accounts, or reinsurance.
(d) If the Mayor disapproves any management contract or service agreement filed pursuant to subsection (a) of this section, written notice of the reason for such action shall be given to the corporation, which may contest the Mayor’s action in accordance with the procedures in § 31-3522 .
(e) Any amendments to a management contract or service agreement shall be filed with the Mayor at least 30 days before they become effective. Any change in the officers, directors, or trustees of the contractor under a management contract or service agreement shall be reported to the Mayor within 10 days after such change occurs. Upon review of such amendments and changes, the Mayor may disapprove the management contract or service agreement in accordance with the provisions of subsections (c) and (d) of this section.
(f) Any management contract or service agreement filed pursuant to subsection (a) of this section, and any amendment thereto, shall be deemed approved unless disapproved by the Mayor within 30 days after it is filed with the Mayor.
D.C. Code § 31-2502.10 — DC Code / Title 31 / Chapter 25 / § 31-2502.10
§ 31-2502.10. Examinations by Superintendent; violations; acceptance of reports in lieu of examinations.
Status: repealed

Repealed.
D.C. Code § 31-3451.09 — DC Code / Title 31 / Chapter 34A / § 31-3451.09
§ 31-3451.09. Foreign health organizations.
Status: in_force

(a) (1) A foreign health organization shall, upon the written request of the Commissioner, submit to the Commissioner an RBC report as of the end of the previous calendar year upon the later of:
    (A) The date that an RBC report would be required to be filed by a domestic health organization under this chapter; or
    (B) Fifteen days after the request is received by the foreign health organization.
  (2) A foreign health organization shall, at the written request of the Commissioner, promptly submit to the Commissioner a copy of any RBC plan that is filed with the insurance commissioner of any other state.
(b) If (1) a Company Action Level Event, Regulatory Action Level Event, or Authorized Control Level Event occurs with respect to a foreign health organization as determined under the RBC statute applicable in the state of domicile of the health organization (or, if no RBC statute is in force in that state, under the provisions of this chapter), and (2) the Insurance Commissioner of the state of domicile of the foreign health organization fails to require the foreign health organization to file an RBC plan in the manner specified under that state’s RBC statute (or, if no RBC statute is in force in that state, under § 31-3451.03 ), the Commissioner may require the foreign health organization to file an RBC plan with the Commissioner. In such event, the failure of the foreign health organization to file an RBC plan with the Commissioner shall be reason to order the health organization to cease and desist from writing new insurance business in the District.
(c) If (1) a Mandatory Control Level Event occurs with respect to a foreign health organization, and (2) no domiciliary receiver has been appointed with respect to the foreign health organization under the rehabilitation and liquidation statute applicable in the state of domicile of the foreign health organization, the Commissioner may apply to the Superior Court of the District of Columbia as permitted under Chapter 34 of Title 31 or Chapter 13 of Title 31 with respect to the liquidation of property of foreign health organizations found in the District of Columbia. The occurrence of the Mandatory Control Level Event shall be considered adequate grounds for the application.
D.C. Code § 31-4103 — DC Code / Title 31 / Chapter 41 / § 31-4103
§ 31-4103. Risk retention groups not chartered in the District.
Status: in_force

Risk retention groups chartered and licensed in states other than the District seeking to do business as a risk retention group in the District shall comply with the laws of the District as follows:
(1) (A) Before offering insurance in the District, a risk retention group shall submit to the Mayor on a form prescribed by the NAIC:
    (i) A statement identifying the state or states in which the retention group is chartered and licensed as a liability insurance company, charter date, its principal place of business, and any other information, including information on its membership, as the Mayor may require to verify that the risk retention group is qualified under § 31-4101(12) ; and
    (ii) A copy of its plan of operations or feasibility study and revisions of the plan or study submitted to the state in which the risk retention group is chartered and licensed; provided, however, that the provision relating to the submission of a plan of operation or feasibility study shall not apply with respect to any line or classification of liability insurance which was defined in the federal Product Liability Risk Retention Act of 1981 (15 U.S.C. § 3901 et seq.), before October 27, 1986, and which was offered before the date by any risk retention group which had been chartered and operating for not less than 3 years before the date.
  (B) The risk retention group shall submit a copy of any revision to its plan of operation or feasibility study required by § 31-4102(b) at the same time that the revision is submitted to the commissioner of its chartering state.
  (C) The risk retention group shall submit a statement of registration, for which a filing fee shall be determined by the Mayor, proof of compliance with the service of process provisions of § 31-202 .
(2) Any risk retention group doing business in the District shall submit to the Mayor:
  (A) A copy of the group’s financial statement submitted to the state in which the risk retention group is chartered and licensed which shall be certified by an independent public accountant and contain a statement of opinion on loss and loss adjustment expense reserves made by a member of the American Academy of Actuaries or a qualified loss reserve specialist under criteria established by the NAIC;
  (B) A copy of each examination of the risk retention group as certified by the Commissioner or public official conducting the examination;
  (C) Upon request by the Commissioner, a copy of any information or document pertaining to any outside audit performed with respect to the risk retention group; and
  (D) Any information required to verify its continuing qualification as a risk retention group under § 31-4101(12) .
(3) (A) Each risk retention group shall be liable for the payment of premium taxes and taxes on premiums of direct business for risks resident or located within the District, and shall report to the Commissioner the net premiums written for risks resident or located within the District. Such a risk retention group shall be subject to taxation, and any related applicable fines and penalties, on the same basis as a foreign admitted insurer.
  (B) To the extent licensed agents or brokers are utilized pursuant to § 31-4111 , they shall report to the Commissioner the premiums for direct business for risks resident or located within the District which these licensees have placed with or on behalf of a risk retention group not chartered in the District of Columbia.
  (C) To the extent that insurance agents or brokers are utilized pursuant to § 31-4111 , the agent or broker shall keep a complete and separate record of all policies procured from each risk retention group, which record shall be open to examination by the Commissioner, as provided by the insurance laws of the District of Columbia. These records shall contain each policy and each kind of insurance provided thereunder, and shall include the following:
    (i) The limit of liability;
    (ii) The time period covered;
    (iii) The effective date;
    (iv) The name of the risk retention group which issued the policy;
    (v) The gross premium charged; and
    (vi) The amount of return premiums, if any.
(4) Any risk retention group, its agents, and representatives shall comply with District law governing fraud or deceptive practices. If the Mayor seeks an injunction regarding this conduct, the injunction shall be obtained from a court of competent jurisdiction.
(5) Any risk retention group shall comply with the laws governing the proper transaction of insurance business as provided by the District.
(6) Any risk retention group must submit to an examination by the Commissioner to determine its financial condition if the superintendent or Commissioner of the jurisdiction in which the group is chartered and licensed has not initiated an examination within 60 days after a request by the Commissioner of the District. Any examination shall be coordinated to avoid unjustified repetition and conducted in an expeditious manner and in accordance with the NAIC’s Examiner Handbook. Cost of the examination shall be borne by the risk retention group.
(7) Every application form for insurance from a risk retention group, and every policy, on its front and declaration page issued by a risk retention group, shall contain in 10-point type the following notice:
“This policy is issued by your risk retention group. Your risk retention group may not be subject to all of the insurance laws and regulations of your state. State insurance insolvency guaranty funds are not available for your risk retention group.”.
“ NOTICE
(8) The following acts by a risk retention group are prohibited:
  (A) The solicitation or sale of insurance by a risk retention group to any person who is not eligible for membership in the group; and
  (B) The solicitation or sale of insurance by, or operation of, a risk retention group that is in hazardous financial condition or financially impaired.
(9) After April 26, 1994, risk retention groups shall not be allowed to do business in the District if an insurance company is directly or indirectly a member or owner of the risk retention group, other than in the case of a risk retention group all of whose members are insurance companies.
(10) The terms of any insurance policy issued by risk retention groups shall not provide, or be construed to provide, coverage prohibited generally by a statute of the District or declared unlawful by the highest court of the District whose law applies to such a policy.
(11) A risk retention group not chartered in the District and doing business in the District shall comply with a lawful order issued in a voluntary dissolution proceeding or in a delinquency proceeding commenced by a state insurance commissioner if there has been a finding of financial impairment after an examination under paragraph (6) of this section.
(12) A risk retention group that violates any provision of this chapter will be subject to fines and penalties, including revocation of its right to do business in the District, applicable to licensed insurers generally.
(13) In addition to complying with the requirements of this section, any risk retention group operating in the District prior to enactment of this chapter shall, within 30 days after October 21, 1993, comply with paragraph (1) of this section.
D.C. Code § 31-5031.23 — DC Code / Title 31 / Chapter 50A / § 31-5031.23
§ 31-5031.23. Rules; orders.
Status: in_force

(a) The Commissioner, through the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [ § 2-501 et seq.], may issue rules to implement the provisions of this chapter.
(b) The Commissioner may issue orders to implement the provisions of this chapter.
D.C. Code § 31-3311.09 — DC Code / Title 31 / Chapter 33A / § 31-3311.09
§ 31-3311.09. Rules.
Status: in_force

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [ § 2-501 et seq.], shall issue rules to implement the provisions of this chapter.
D.C. Code § 31-6209 — DC Code / Title 31 / Chapter 62 / § 31-6209
§ 31-6209. Violations.
Status: repealed

Repealed.
D.C. Code § 31-2204 — DC Code / Title 31 / Chapter 22 / § 31-2204
§ 31-2204. Requirements for trust agreement.
Status: in_force

(a) The deed of trust and all amendments thereto shall be authenticated in such form and manner as the Commissioner may prescribe and shall not be effective unless approved by the Commissioner upon a finding that:
  (1) A deed of trust or its amendments are sufficient in form and in conformity with law;
  (2) The trustee or trustees are eligible as such; and
  (3) The deed of trust is adequate to protect the interest of the beneficiaries of the trust.
(b) If at any time the Commissioner finds, after reasonable notice and hearing, that the requisites for the approval no longer exist, the Commissioner may withdraw approval.
(c) The Commissioner may from time to time approve modifications of, or variations in any deed of trust, which in the Commissioner’s judgment are not prejudicial to the interest of the people of the District or the United States policyholders and creditors of the U.S. Branch.
(d) The deed of trust shall contain provisions which:
  (1) Vest legal title to trusteed assets in the trustees and their successors lawfully appointed;
  (2) Require that all assets deposited in the trust shall be continuously kept within the United States;
  (3) Provide for substitution of a new trustee or trustees in case of a vacancy by death, resignation, or otherwise, subject to the approval of the Commissioner;
  (4) Require that the trustee or trustees shall continuously maintain a record at all times sufficient to identify the assets of such fund;
  (5) Require that the trusteed assets shall consist of cash or investments eligible for investment of the funds of domestic insurers and accrued interest thereon if collectable by the trustee;
  (6) Require that the trust shall be for the exclusive benefit, security, and protection of the policyholders, or policyholders and creditors, of the U.S. Branch in the United States and that it shall be maintained as long as there is outstanding any liability of the non-U.S. insurer arising out of its insurance transactions in the United States; and
  (7) Provide, in substance, that no withdrawals of assets, other than income as specified in subsection (e) of this section shall be made or permitted by the trustee or trustees without the approval of the Commissioner except to:
    (A) Make deposits required by law in any state for the security or benefit of all policyholders, or policyholders and creditors, of the U.S. Branch in the United States;
    (B) Substitute other assets permitted by law and at least equal in value and quality to those withdrawn upon the specific written direction of the United States manager when duly empowered and acting pursuant to either general or specific written authority previously given or delegated by the board of directors; or
    (C) Transfer such assets to an official liquidator or rehabilitator pursuant to an order of a court of competent jurisdiction.
(e) The deed of trust may provide that income, earnings, dividends, or interest accumulations of the assets of the fund may be paid over to the United States manager of the U.S. branch upon request, provided that the total trusteed assets shall not thereby be less than the amount required to be maintained pursuant to § 31-2203 .
(f) Upon withdrawal of trusteed assets deposited in another state in which the insurer is authorized to do business, it shall be sufficient if the deed of trust requires similar written approval of the insurance supervising official of that state in lieu of approval of the Commissioner provided that the total trusteed assets shall not thereby be less than the amount required to be maintained pursuant to § 31-2203 . In all such cases, the U.S. Branch shall notify the Commissioner in writing of the nature and extent of the withdrawal.
(g) The Commissioner may from time to time:
  (1) Make examinations of the trusteed assets of any authorized U.S. Branch at the insurer’s expense; and
  (2) Require the trustee or trustees to file a statement, in such form as the Commissioner may prescribe, certifying the assets of the trust fund and the amounts thereof.
(h) Refusal or neglect of any trustee to comply with the requirements of this section shall be grounds for the revocation of the insurer’s license or the liquidation of its United States Branch.
D.C. Code § 31-3405 — DC Code / Title 31 / Chapter 34 / § 31-3405
§ 31-3405. Fiduciary responsibilities.
Status: in_force

(a) Any director, officer, employee, or partner of a health maintenance organization who receives, collects, disburses, or invests funds in connection with the activities of such organization shall be responsible for such funds in a fiduciary relationship to the organization.
(b) A health maintenance organization shall maintain in force a fidelity bond or fidelity insurance on such employees and officers, directors, and partners in an amount not less than $250,000 and not more than $5,000,000.
D.C. Code § 31-5333 — DC Code / Title 31 / Chapter 53 / § 31-5333
§ 31-5333. Exemption of certain societies.
Status: in_force

(a) Nothing contained in this chapter shall be construed as to affect or apply to:
  (1) Grand or subordinate lodges of societies, orders, or associations now doing business in the District which provide benefits exclusively through local or subordinate lodges;
  (2) Orders, societies, or associations which admit to membership only persons engaged in one or more crafts or hazardous occupations, in the same or similar lines of business, insuring only their own members and their families, and the ladies’ societies or ladies’ auxiliaries to such orders, societies, or associations;
  (3) Domestic societies which limit their membership to employees of a particular city or town, designated firm, business house or corporation which provide for a death benefit of not more than $700 or disability benefits of not more than $650 to any person in any one year, or both;
  (4) Domestic societies or associations of a purely religious, charitable or benevolent description, which provide for a death benefit of not more than $400 or for disability benefits of not more than $350 to any one person in any one year, or both; or
  (5) Grand or subordinate lodges of the Independent Order of Odd Fellows, nor any grand or subordinate lodge, or other body of Free and Accepted Masons, the National Council or any subordinate council of the Junior Order United American Mechanics, the National Council or any subordinate council of the Daughters of America, the Supreme Council of the Knights of Columbus or any subordinate council thereof, or similar orders, associations, or societies that do not have as their principal object the issuance of benefit certificates of membership in case of death or the payment of sick, funeral, or death benefits exceeding in amount $100.
(b) Any such society or association described in subsection (a)(3) or (4) of this section which provides for death or disability benefits for which benefit certificates are issued, and any such society or association included in subsection (a)(4) of this section which has more than 1000 members, shall not be exempted from the provisions of this chapter but shall comply with all requirements thereof.
(c) No society which is exempt from the requirements of this chapter, except any society described in subsection (a)(2) of this section, shall give or allow, or promise to give or allow, to any person any compensation for procuring new members.
(d) Every society which provides for benefits in case of death or disability resulting solely from accident, and which does not obligate itself to pay natural death or sick benefits shall have all of the privileges and be subject to all the applicable provisions and regulations of this chapter except that the provisions thereof relating to medical examination, valuations of benefit certificates, and incontestability, shall not apply to such society.
(e) The Commissioner may require from any society or association, by examination or otherwise, such information as will enable the Commissioner to determine whether the society or association is exempt from the provisions of this chapter.
(f) Societies, exempted under the provisions of this section, shall also be exempt from all other provisions of the insurance laws of the District.
D.C. Code § 31-1311 — DC Code / Title 31 / Chapter 13 / § 31-1311
§ 31-1311. Rehabilitation orders.
Status: in_force

(a) An order to rehabilitate the business of a domestic insurer, or an alien insurer domiciled in the District, shall appoint the Commissioner and his or her successors in office the rehabilitator, and shall direct the rehabilitator forthwith to take possession of the assets of the insurer, and to administer them under the general supervision of the court. The filing or recording of the order with the clerk of the Superior Court of the District of Columbia shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with the recorder of deeds would have imparted. The order to rehabilitate the insurer shall by operation of law vest title to all assets of the insurer in the rehabilitator.
(b) Any order issued under this section shall require accountings to the court by the rehabilitator. Accountings shall be at intervals the court specifies in its order, but no less frequently than semiannually. Each accounting shall include a report concerning the rehabilitator’s opinion as to the likelihood that a plan under § 31-1312(e) will be prepared by the rehabilitator and the timetable for doing so.
(c) Entry of an order of rehabilitation shall not constitute an anticipatory breach of any contracts of the insurer nor shall it be grounds for retroactive revocation or retroactive cancellation of any contracts of the insurer, unless the revocation or cancellation is done by the rehabilitator pursuant to § 31-1312 .
D.C. Code § 31-3515 — DC Code / Title 31 / Chapter 35 / § 31-3515
§ 31-3515. Conversion to a for-profit entity.
Status: in_force

A corporation issued a certificate of authority under this chapter shall not be converted into a stock corporation, partnership, limited liability company, or other business entity organized for profit.
D.C. Code § 31-1810 — DC Code / Title 31 / Chapter 18 / § 31-1810
§ 31-1810. Penalties and liabilities.
Status: in_force

(a) If the Mayor determines that the reinsurer intermediary or any other person has not materially complied with this chapter, or any regulation or order promulgated thereunder, after notice and opportunity to be heard, the Mayor may order:
  (1) For each separate violation, a penalty in an amount not exceeding $10,000;
  (2) Revocation or suspension of the producer’s license; and
  (3) If it was found that because of material noncompliance the insurer has suffered any loss or damage, the Commissioner may maintain a civil action brought by or on behalf of the insurer and its policyholders and creditors for recovery of compensatory damages for the benefit of the insurer and its policyholders and creditors, or other appropriate relief.
(b) If an order of rehabilitation or liquidation of the insurer has been entered pursuant to Chapter 13 of this title , and the receiver appointed under that order determines that the reinsurance intermediary or any other person has not materially complied with this chapter, or any regulation or order promulgated thereunder, and the insurer suffered any loss or damage, 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 in District insurance law.
(d) Nothing contained in this chapter is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, creditors, or other third parties or confer any rights to those persons.
D.C. Code § 31-5335 — DC Code / Title 31 / Chapter 53 / § 31-5335
§ 31-5335. Severability.
Status: in_force

If any provision of this chapter or the application of such provision to any circumstance is held invalid, the remainder of this chapter or the application of the provision to other circumstances, shall not be affected thereby.
D.C. Code § 31-3912 — DC Code / Title 31 / Chapter 39 / § 31-3912
§ 31-3912. Reinsurance.
Status: repealed

Repealed.
D.C. Code § 31-5010 — DC Code / Title 31 / Chapter 50 / § 31-5010
§ 31-5010. Assessment of companies for reinsurance reimbursement fund; charge to insured to recover assessment.
Status: in_force

(a) In order to carry out the purposes of this chapter and to make available to insurers who participate hereunder the reinsurance afforded under part B of title XII of the National Housing Act [12 U.S.C. § 1749bbb-7 et seq.] against losses to property resulting from riots or civil disorders, the Mayor is authorized to assess each insurance company authorized to do business in the District of Columbia an amount, in the proportion that the premiums earned by each such company in the District of Columbia, on lines reinsured in the District of Columbia by the Secretary of Housing and Urban Development, during the preceding calendar year bear to the aggregate premiums earned on those lines in the District of Columbia by all insurance companies, sufficient to provide a fund to reimburse the Secretary of Housing and Urban Development in the manner set forth in § 1223(a)(1) of such Part B [12 U.S.C. § 1749bbb-9]. Such fund may be added to or such fund may be created by moneys appropriated therefor by the Congress.
(b) Insurers shall add to the premium rate an amount, to be approved by the Mayor, sufficient to recover, within not more than 3 years, any amounts assessed under subsection (a) of this section during the preceding calendar year. Such amount shall be a separate charge to the insured in addition to the premium to be paid and shall be reflected as such in the policy of insurance. No commission shall be paid thereon to any agent or broker producing or selling the policy of insurance wherein such amount is added.
D.C. Code § 31-2502.42 — DC Code / Title 31 / Chapter 25 / § 31-2502.42
§ 31-2502.42. Violations of provisions.
Status: in_force

(a) Any person who violates any of the provisions of this chapter, or fails to comply with any duty imposed upon such person by any of the provisions of this chapter, for which violation or failure no penalty is elsewhere provided by this chapter, or by the laws of the District, shall, upon conviction thereof, be fined for each offense not exceeding $1,000 or be imprisoned for not more than 12 months, or both. Prosecutions authorized by this section shall be upon information filed in the Superior Court of the District of Columbia by the Corporation Counsel or any of his assistants.
(b) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or any rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2 . Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2 .
D.C. Code § 31-5413 — DC Code / Title 31 / Chapter 54 / § 31-5413
§ 31-5413. Tax exemptions.
Status: in_force

The Association shall be exempt from payment of all fees and all taxes levied by the District of Columbia.
D.C. Code § 31-2102 — DC Code / Title 31 / Chapter 21 / § 31-2102
§ 31-2102. Corrective actions.
Status: in_force

(a) If the Mayor determines that the continued operation of the insurer licensed to transact business in the District of Columbia may be hazardous to its policyholders, creditors, or the general public, the Mayor may, upon his or her determination, issue an order requiring the insurer to:
  (1) Reduce the total amount of present and potential liability for policy benefits by reinsurance;
  (2) Reduce, suspend, or limit the volume of business being accepted or renewed;
  (3) Reduce general insurance and commission expenses by specified methods;
  (4) Increase the insurer’s capital and surplus;
  (5) Suspend or limit the declaration and payment of dividend by an insurer to its stockholders or to its policyholders;
  (6) File reports in a form acceptable to the Mayor concerning the market value of an insurer’s assets;
  (7) Limit or withdraw from certain investments or discontinue certain investment practices to the extent the Mayor deems necessary;
  (8) Document the adequacy of premium rates in relation to the risks insured;
  (9) File, in addition to regular annual statements, interim financial reports on the form adopted by the National Association of Insurance Commissioners or on a form promulgated by the Mayor;
  (10) Correct corporate governance practice deficiencies and adopt and utilize governance practices acceptable to the Mayor;
  (11) Provide a business plan to the Mayor in order to continue to transact business in the District; or
  (12) Notwithstanding any other provision of law limiting the frequency or amount of premium rate adjustments, adjust rates for any non-life insurance product written by the insurer that the Mayor considers necessary to improve the financial condition of the insurer.
(a-1) For the purposes of making a determination of an insurer’s financial condition under this section, the Mayor may:
  (1) Disregard any credit or amount receivable resulting from transactions with a reinsurer that is insolvent, impaired, or otherwise subject to a delinquency proceeding;
  (2) Make appropriate adjustments including disallowance to asset values attributable to investments in or transactions with parents, subsidiaries, or affiliates consistent with the National Association of Insurance Commissioners Accounting Policies and Procedures Manual and District laws and regulations;
  (3) Refuse to recognize the stated value of accounts receivable if the ability to collect receivables is highly speculative in view of the age of the account or the financial condition of the debtor; and
  (4) Increase the insurer’s liability in an amount equal to any contingent liability, pledge, or guarantee not otherwise included if there is a substantial risk that the insurer will be called upon to meet the obligation undertaken within the next 12-month period.
(b) If the insurer is a foreign insurer, the Mayor’s order under subsection (a) of this section may be limited to the extent provided by statute.
(c) Any insurer subject to an order under subsection (a) of this section may request a hearing to review that order. The notice of hearing shall be served upon the insurer pursuant to § 2-509 . The notice of hearing shall state the time and place of hearing, and the conduct, condition, or ground upon which the Mayor based the order. Unless mutually agreed between the Mayor and the insurer, the hearing shall occur not less than 10 days nor more than 30 days after notice is served and shall be held in the District of Columbia. The Mayor shall hold all hearings under this section privately, unless the insurer requests a public hearing, in which case the hearing shall be public.
(d) The procedures and remedies set forth in this chapter do not in any way supercede or limit the authority of the Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking] to take over a company or to revoke or suspend its certificate of authority pursuant to Chapter 11 of this title , Chapter 25 of this title , or Chapter 43 of this title .
D.C. Code § 31-1631.02 — DC Code / Title 31 / Chapter 16A / § 31-1631.02
§ 31-1631.02. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Commissioner” means the Commissioner of Insurance and Securities Regulation [Commissioner of the Department of Insurance, Securities, and Banking].
(2) “District” means the District of Columbia.
(3) “License” means a license issued by the Commissioner to act as a public insurance adjuster.
(4) “Licensee” means any person licensed in the District to do business as a public insurance adjuster.
(5) “Public insurance adjuster” shall include any person who, for compensation or any other thing of value:
  (A) Acts or aids, solely in relation to first party claims arising under insurance contracts that insure the real or personal property of the insured, on behalf of an insured individual in negotiating for, or effecting the settlement of, a claim for loss or damage covered by an insurance contract;
  (B) Advertises for employment as an adjuster of insurance claims; solicits business or represents himself or herself to the public as an adjuster of first party insurance claims for losses or damages arising out of policies of insurance that insure real or personal property; or
  (C) Directly or indirectly solicits business, investigates or adjusts losses, or advises an insured about first party claims for losses or damages arising out of policies of insurance that insure real or personal property for another person engaged in the business of adjusting losses or damages covered by an insurance policy.
D.C. Code § 31-2951 — DC Code / Title 31 / Chapter 29 / § 31-2951
§ 31-2951. Definitions.
Status: in_force

For the purposes of this subchapter, the term:
(1) “Commissioner” means the Commissioner of the Department of Insurance and Securities Regulation.
(2) “Health benefits 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 supplemental 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.
(3) “Health insurer” means any person that provides one or more health benefit plans or insurance in the District of Columbia, 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.
D.C. Code § 31-651.03 — DC Code / Title 31 / Chapter 6B / § 31-651.03
§ 31-651.03. Posting of policies on the Internet.
Status: in_force

Notwithstanding any provision of § 31-651.02 , standard property and casualty insurance policies and endorsements that do not contain personally identifiable information may be mailed, delivered, or posted on the insurer’s website. If the insurer elects to post insurance policies and endorsements on its website in lieu of mailing or delivering them to the insured, the insurer shall:
(1) Ensure that the policy and endorsements are accessible and remain that way for as long as the policy is in force;
(2) After the expiration of the policy, archive its expired policies and endorsements for a period of 5 years and make them available upon request;
(3) Post the policies and endorsements in a manner that enables an insured to print and save the policy and endorsements using programs or application that are widely available on the Internet and free to use;
(4) Provide the following information in, or simultaneous with, each declaration page provided at the time of issuance of the initial policy and any renewals of that policy:
  (A) A description of the exact policy and endorsement forms purchased by the insured;
  (B) A method by which the insured may obtain, upon request and without charge, a paper copy of their policy; and
  (C) The Internet address where the policy and endorsements are posted; and
(5) Provide notice, in the format preferred by the insured, of any changes to the forms or endorsements, the insured’s right to obtain, upon request and without charge, a paper copy of the forms or endorsements, and the Internet address where the forms or endorsements are posted.
D.C. Code § 31-4602 — DC Code / Title 31 / Chapter 46 / § 31-4602
§ 31-4602. Testimony; production of books; immunity of witness.
Status: repealed

Repealed.
D.C. Code § 31-406 — DC Code / Title 31 / Chapter 4 / § 31-406
§ 31-406. Reporting requirements.
Status: in_force

(a) In addition to any other required loss reserve certification, the controlled insurer shall annually, on April 1 of each year, file with the Mayor an opinion of an independent casualty actuary, or any other independent loss reserve specialist acceptable to the Mayor reporting loss reserve for each line of business written and attesting to the adequacy of loss reserves established for losses incurred and outstanding as of year-end, including that incurred, but not reported, on business placed by the producer.
(b) The controlled insurer shall annually report to the Mayor the amount of commissions paid to the producer, the percentage the amount represents of the net premiums written, and comparable amounts and percentage paid to noncontrolling producers for placements of the same kinds of insurance.
D.C. Code § 31-5607.09 — DC Code / Title 31 / Chapter 56 / § 31-5607.09
§ 31-5607.09. Electronic filings.
Status: in_force

(a) The Commissioner may, by rule or order, prescribe acceptable methods for filing applications, forms, notices, prospectuses, registration statements, or other documents with the Department in electronic form.
(b) The Commissioner may, by rule or order, prescribe acceptable methods for executing electronic signatures or otherwise for documents filed with the Department in electronic form.
(c) An electronic signature used in connection with an electronic filing shall have the same legal effect as a manual signature.
D.C. Code § 31-3512 — DC Code / Title 31 / Chapter 35 / § 31-3512
§ 31-3512. Group subscriber contract standard provisions.
Status: in_force

No group subscriber contract shall be issued in the District of Columbia by a corporation unless it contains in substance the following provisions, or provisions which in the opinion of the Mayor are more favorable to the subscribers, or at least as favorable to the subscribers and more favorable to the group contractholder; except, that if any provision of this section is in whole or in part inapplicable to or inconsistent with the coverage provided by a particular form of contract, the corporation, with the approval of the Mayor, shall omit from such contract any inapplicable provision or part of a provision, and shall modify any inconsistent provision or part of the provision in such manner as to make the provision as contained in the contract consistent with the coverage provided by the contract:
(1) A provision that the group contract holder is entitled to a grace period of the last day of the month for which the premium is due for the payment of any premium due except the first, during which grace period the contract shall continue in force, unless the group contract holder has given the corporation written notice of discontinuance in advance of the date of discontinuance and in accordance with the terms of the contract; except, that the contract may provide that the contract holder shall be liable to the corporation for the payment of a pro rata premium for the time the contract was in force during such grace period;
(2) A provision that the validity of the contract shall not be contested except for nonpayment of premiums, fraudulent misstatements, noncompliance with contractual provisions and noncompliance with eligibility requirements after it has been in force for 2 years from its date of issue;
(3) A provision that no statement made by any subscriber under the contract relating to insurability may be used in contesting the validity of the coverage with respect to which such statement was made after the subscriber’s coverage has been in force for a period of 2 years nor unless it is contained in a written instrument signed by the subscriber, except that this provision need not preclude the assertion at any time of defenses based upon the subscriber’s lack of eligibility for coverage under the contract or upon other provisions in the contract unrelated to insurability;
(4) A provision that a copy of the application, if any, of the contractholder shall be attached to the contract when issued, that all statements made by the contractholder or by the subscriber shall be deemed representations and not warranties, and that no statement made by any subscriber may be used in any contest unless a copy of the instrument containing the statement is or has been furnished to such person or, in the event of the death or incapacity of the subscriber, to the individual’s beneficiary or personal representative;
(5) A provision setting forth the conditions, if any, under which the corporation reserves the right to require a person eligible for coverage to furnish evidence of individual insurability satisfactory to the corporation as a condition to part or all of the individual’s coverage;
(6) A provision that the corporation shall issue to the contractholder for delivery to each subscriber a certificate setting forth a statement as to the coverage to which that person is entitled, to whom benefits are payable, and a statement as to any family member’s or dependent’s coverage;
(7) A provision that written notice of a claim must be given to the corporation within 15 months after the occurrence or commencement of the date of a service covered by the contract and that failure to give notice within such time shall not invalidate or reduce any claim if it is shown that the contractholder was legally incapacitated prior to the expiration of the 15-month claim filing period;
(8) A provision that the corporation shall furnish to the subscriber under the contract, or to the contractholder for delivery to the subscriber, such forms as are usually furnished by it for filing a claim; and that if such forms are not furnished before the expiration of 20 days after the corporation received notice of any claim under the contract, the person making the claim shall be deemed to have complied with the claims filing requirements of the contract;
(9) A provision that all benefits and indemnification payable under the contract must be paid not more than 60 days after receipt of all necessary information and documentation or proof;
(10) A provision that the corporation has the right to examine the person for whom a claim is so filed under the contract as often as it may reasonably require during the pendency of the claim and also has the right to conduct an autopsy in case of death if doing so is not prohibited by law;
(11) A provision that no action at law or in equity may be brought to recover on the contract before the expiration of 60 days from the date a claim has been filed in accordance with the claim filing requirements of the contract or after a period of 3 years from the last date on which a claim is required to be filed under the claim filing requirements of the contract; and
(12) A provision that allows subscribers who leave such groups to convert, without evidence of insurability, to an individual subscriber contract providing an adequate level of coverage and in accordance with any standards the Mayor prescribes pursuant to § 31-3514(g) .
D.C. Code § 31-106 — DC Code / Title 31 / Chapter 1 / § 31-106
§ 31-106. Organization.
Status: in_force

(a) The Commissioner, as the chief executive officer of the Department is authorized to organize the personnel and property transferred herein within any organizational unit of the Department as the Commissioner deems appropriate.
(b) (1) The Securities and Banking Bureau is established to oversee the regulation of securities under the supervision of the Commissioner and administer the District of Columbia Banking Code.
  (2) The position of Associate Commissioner for Securities and Banking is hereby established to administer the Banking Bureau under the supervision of the Commissioner.
D.C. Code § 31-3011 — DC Code / Title 31 / Chapter 30A / § 31-3011
§ 31-3011. Conditions for discontinuance of class of health insurance policies.
Status: in_force

(a) If an insurer decides to discontinue a particular class of group, or blanket policy of, hospital, surgical, or medical expense insurance offered in the small or large group market, the policy of the class may be discontinued by the insurer only if:
  (1) The insurer requests in such form as designated by the Commissioner of the Department of Insurance, Securities, and Banking (“Commissioner”) that the Commissioner approve the discontinuance, and the insurer receives the approval; provided, that the Commissioner shall:
    (A) No sooner than 60 days after receipt of the request, grant the approval only if he or she determines that the discontinuance of the coverage of this class by the insurer is not with the intent, or as a pretext, to discontinue the coverage of any policyholder or any insured due to the claims experience or any health status-related factor relating to any policyholder or insured covered by any such policy; and
    (B) Make the determination only after examining and taking into consideration the claim histories and premium rates for each policy in the class, historical profits and losses for the class of policies, comments from policyholders or others submitted to the Commissioner within 30 days after receipt of any such request, and any other information or analysis the Commissioner demands or considers relevant;
  (2) The insurer, no later than the date that the request to the Commissioner under paragraph (2) of this subsection is made, provides written notice to each policyholder of this class in such market (and to all participants and beneficiaries covered under the coverage) of:
    (A) The request;
    (B) The earliest possible date that the Commissioner might approve the request;
    (C) The earliest possible date that the coverage could be discontinued; and
    (D) A statement written in plain English of the obligations of the insurer and the rights of policyholders; and
  (3) The insurer, upon approval by the Commissioner of any such request:
    (A) Provides written notice to each policyholder provided coverage of the class in the market (and to all participants and beneficiaries covered under the coverage) of the discontinuance at least 90 days prior to the date of discontinuance of the coverage;
    (B) Offers to each policyholder of this class in the market, the option to purchase all (or, in the case of the large group market, any) other hospital, surgical, and medical expense coverage currently being offered by the insurer to a group in the market; and
    (C) In exercising the option to discontinue coverage of the class and in offering the option of coverage under another class, acts uniformly without regard to the claims experience of those policyholders or any health status-related factor relating to any insureds covered, or new insureds who may become eligible, for the coverage.
(b) If an insurer discontinues a particular class of group, or blanket policy of, hospital, surgical, or medical expense insurance offered in the small or large group market, other than where the Commissioner authorizes the discontinuance, the insurer shall be liable to the former holder or beneficiary of such policy, or to his or her estate, for compensatory damages arising from the discontinuance, plus costs and reasonable attorneys’ fees, in an action which shall be commenced no later than 3 years after the date of the discontinuance. In any such action, the court may grant such injunctive relief as the court may consider proper.
(c) If major medical insurance or insurance providing major medical type benefits is discontinued, the Commissioner shall order that an extended benefit shall be provided during total disability, with respect to the sickness, injury, or pregnancy which caused the disability, of at least 18 months subsequent to the discontinuance of the insurance unless similar coverage is afforded for the total disability under another group plan.