D.C. Code § 31-2502.26b — DC Code / Title 31 / Chapter 25 / § 31-2502.26b
§ 31-2502.26b. Confidentiality of actuarial opinions, summaries, reports, and workpapers.
Status: in_force

(a) The Statement of Actuarial Opinion shall be provided with the annual financial statement required by § 31-1901 , in accordance with the appropriate National Association of Insurance Commissioners Property and Casualty Annual Statement Instructions and shall be a public document.
(b) (1) An Actuarial Report, underlying workpapers, or Actuarial Opinion Summary in the possession or control of the Commissioner, and any other material provided by the company to the Commissioner in connection with the Actuarial Report, workpapers, or Actuarial Opinion Summary, shall not be subject to subchapter II of Chapter 5 of Title 2 , except a subpoena issued pursuant to:
    (A) A civil action or an administrative proceeding in which insurance premium rates are an issue; or
    (B) Oversight by the Council or the federal government.
  (2) This section shall not limit the Commissioner’s authority to:
    (A) Release the documents to the Actuarial Board for Counseling and Discipline if the material is required for the purpose of professional disciplinary proceedings and the Actuarial Board for Counseling and Discipline establishes procedures satisfactory to the Commissioner for preserving the confidentiality of the documents; or
    (B) Use the documents, materials, or other information in furtherance of any regulatory or legal action brought as part of the Commissioner’s official duties.
(c) The Commissioner or any person who received documents, materials, or other information while acting under the authority of the Commissioner shall not be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to subsection (b) of this section.
(d) To assist in the performance of the Commissioner’s duties, the Commissioner may:
  (1) Share documents, materials, or other information, including the confidential and privileged documents, materials, or information subject to subsection (b) of this section with other state, federal, and international regulatory agencies, with the National Association of Insurance Commissioners and its affiliates and subsidiaries, and with state, federal, and international law enforcement authorities; provided, that the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information and has the authority to maintain confidentiality;
  (2) Receive documents, materials, or information, including otherwise confidential and privileged documents, materials, or information, from the National Association of Insurance Commissioners and its affiliates and subsidiaries, and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information; and
  (3) Enter into agreements governing sharing and use of information consistent with subsections (b) through (d) of this section.
(e) No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the Commissioner under this section or as a result of sharing as authorized in subsection (d) of this section.
D.C. Code § 31-3451.13 — DC Code / Title 31 / Chapter 34A / § 31-3451.13
§ 31-3451.13. Transition.
Status: in_force

For RBC reports required to be filed by health organizations with respect to 2002, the following requirements shall apply in lieu of the provisions of §§ 31-3451.03 , 31-3451.04 , 31-3451.05 , and 31-3451.06 :
(1) In the event of a Company Action Level Event with respect to a domestic health organization, the Commissioner shall take no regulatory action under this chapter.
(2) In the event of a Regulatory Action Level Event as defined under § 31-3451.01(19)(A) through (C), the Commissioner shall take the actions required under § 31-3451.03 .
(3) In the event of a Regulatory Action Level Event as defined under § 31-3451.01(19)(D) through (I), or an Authorized Control Level Event, the Commissioner shall take the action required under § 31-3451.04 with respect to the health organization.
(4) In the event of a Mandatory Control Level Event, the Commissioner shall take the action required under § 31-3451.05 .
D.C. Code § 31-502 — DC Code / Title 31 / Chapter 5 / § 31-502
§ 31-502. Asset or reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of § 31-501.
Status: in_force

(a) An asset or a reduction from liability for the reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of § 31-501 shall be allowed in an amount not exceeding the liabilities carried by the ceding insurer; provided, that the Commissioner may adopt by regulation pursuant to § 31-504(b) specific additional requirements relating to or setting forth the:
  (1) Valuation of assets or reserve credits;
  (2) Amount and forms of security supporting reinsurance arrangements described § 31-504(b) ; and
  (3) Circumstances pursuant to which credit will be reduced or eliminated.
(b) The reduction shall be in the amount of funds held by or on behalf of the ceding insurer, including funds held in trust for the ceding insurer, under a reinsurance contract with the assuming insurer as security for the payment of obligations thereunder, if the security is held in the United States subject to withdrawal solely by, and under the exclusive control of, the ceding insurer, or, in the case of a trust, held in a qualified U.S. financial institution, as defined in § 31-503(a) .  This security may be in the form of:
  (1) Cash;
  (2) Securities listed by the Securities Valuation Office of the National Association of Insurance Commissioners, including those deemed exempt from filing as defined by the Purposes and Procedures Manual of the Securities Valuation Office, and qualifying as admitted assets;
  (3) Clean, irrevocable, unconditional letters of credit, issued or confirmed by a qualified U.S. financial institution effective no later than December 31 of the year for which the filing is being made, and in the possession of, or in trust for, the ceding insurer on or before the filing date of its annual statement; provided, that letters of credit meeting applicable standards of issuer acceptability as of the dates of their issuance (or confirmation) shall, notwithstanding the issuing (or confirming) institution's subsequent failure to meet applicable standards of issuer acceptability, continue to be acceptable as security until their expiration, extension, renewal, modification, or amendment, whichever first occurs; or
  (4) Any other form of security acceptable to the Commissioner.
D.C. Code § 31-713 — DC Code / Title 31 / Chapter 7 / § 31-713
§ 31-713. Revocation, suspension, or nonrenewal of insurer’s license.
Status: in_force

Whenever it appears to the Mayor that any person has committed a violation of this subchapter which makes the continued operation of an insurer contrary to the interests of policyholders or the public, the Mayor may, after giving notice and an opportunity to be heard, suspend, revoke, or refuse to renew the insurer’s license or authority to do business in the District for such a period as the Mayor finds is required for the protection of policyholders or the public. Any determination shall be accompanied by specific findings of fact and conclusions of law.
D.C. Code § 31-4718 — DC Code / Title 31 / Chapter 47 / § 31-4718
§ 31-4718. Fraudulent statements or representations against companies.
Status: repealed

Repealed.
D.C. Code § 31-4419 — DC Code / Title 31 / Chapter 44 / § 31-4419
§ 31-4419. Conversion of stock companies into mutual life companies.
Status: in_force

Any domestic stock company organized or licensed to do business, whether incorporated under this subdivision, or any previous existing law, or act of Congress, may become a mutual company, and to that end may carry out a plan for the acquisition of shares of its capital stock; provided, however, that such plan:
(1) Shall have been adopted by a vote of a majority of the directors of such company;
(2) Shall have been approved by a vote of stockholders representing a majority of the capital stock at a meeting of stockholders called for the purpose;
(3) Shall have been approved by a majority vote of the policyholders voting at a meeting, called for the purpose, of policyholders each insured for at least $1,000 and whose insurance shall then be in force and shall have been in force for at least 1 year prior to such meeting; notice of such meeting shall be given by mailing such notice from the home office of such corporation at least 30 days prior to such meeting, in a sealed envelope, postage prepaid, addressed to such policyholders at their last known post-office addresses, and such meeting shall be otherwise provided for and conducted in such manner as shall be provided in such plan; provided, however, that policyholders may vote in person, by proxy, or by mail; that all votes shall be cast by ballot and the Commissioner shall supervise and direct the methods and procedure of said meeting and appoint an adequate number of inspectors to conduct the voting at said meeting who shall have power to determine all questions concerning the verification of the ballots, the ascertainment of the validity thereof, the qualifications of the voters, and the canvass of the vote, and who shall certify to the Commissioner and to the company the result thereof, and with respect thereto shall act under such rules and regulations as shall be prescribed by the Council of the District of Columbia; that all necessary expenses incurred by the Commissioner shall be paid by the company as certified to by him; and
(4) Shall have been submitted to the Commissioner and shall have been approved by him in writing; provided, that every payment for the acquisition of any shares of the capital stock of such company, the purchase price of which is not fixed by such plan, shall be subject to the approval of the Commissioner; provided further, that neither such plan, nor any such payment, shall be approved by the Commissioner unless at the time of such approvals, respectively, the company, after deducting the aggregate sum appropriated by such plan for the acquisition of any part or all of its capital stock, and in the case of any payment not fixed by such plan and subject to separate approval as aforesaid after the approval of such plan, after deducting also the amount of such payment, shall be possessed of assets not less than the entire liabilities of the company, including the net values of its outstanding contracts computed according to the standard adopted by the company under § 31-4701 , and also all funds, contingent reserves, and surplus save so much of the latter as shall have been appropriated or paid under such plan.
D.C. Code § 31–3302.06a — DC Code / Title 31 / Chapter 33 / § 31–3302.06a
§ 31–3302.06a. Application to multiple employer welfare arrangements.
Status: in_force

The individual market requirements of this subchapter shall apply to a health benefit plan offered by a multiple employer welfare arrangement, including an association or any other entity, if the plan covers an individual in the District who is not an employee or dependent of a participating employer.
D.C. Code § 31-5608.02 — DC Code / Title 31 / Chapter 56 / § 31-5608.02
§ 31-5608.02. District of Columbia Securities Advisory Committee.
Status: repealed

Repealed.
D.C. Code § 31-701 — DC Code / Title 31 / Chapter 7 / § 31-701
§ 31-701. Definitions.
Status: in_force

For the purposes of this subchapter, the term:
(1) “Affiliate” means a person that directly, or indirectly through 1 or more intermediaries, controls, or is controlled by, or is under common control with, the person specified.
(1A) “Commissioner” means the Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking].
(2) “Control”, including the terms “controlling”, “controlled by”, and “under common control with”, means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. Control shall be presumed to exist if any person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing 10% or more of the voting securities of any other person. This presumption may be rebutted by a showing made in the manner provided by § 31-705(k) that control does not exist in fact. The Mayor may determine, after furnishing all persons in interest notice and opportunity to be heard and making specific findings of fact to support such a determination, that control exists in fact, notwithstanding the absence of a presumption to that effect.
(3) “District” means the District of Columbia.
(3A) “Enterprise risk” means any activity, circumstance, event, or series of events involving one or more affiliates of an insurer that if not remedied promptly is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or its insurance holding company system as a whole, including anything that would cause the insurer’s risk-based capital to fall into company action level as set forth in Chapter 20 of this title [ § 31-2001 et seq.], and Chapter 34A of title [§ 31-.01 et seq.], or would cause the insurer to be in hazardous financial condition as provided in § 31-2101 .
(3B) "Group-wide supervisor" means the regulatory official authorized to engage in conducting and coordinating group-wide supervision activities who is determined and acknowledged by the Commissioner under § 31-706.01 to have sufficient significant contacts with the internationally active insurance group.
(3C) “Hospital service plan” means a plan for providing hospital and related services by hospitals and others which entitles a subscriber to certain hospital and related services, or to benefits and indemnification for such services.
(4) “Insurance holding company system” means an arrangement which consists of 2 or more affiliated persons, one or more of whom is an insurer.
(5) “Insurer” includes any company defined by §§ 31-2501.03 and 31-4202 , authorized to do the business of insurance in the District, except that it shall not include agencies, authorities, or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District, or a state or political subdivision of a state.
(5A) "Internationally active insurance group" means an insurance holding company system that includes an insurer registered pursuant to § 31-704 that:
  (A) Writes premiums in at least 3 countries;
  (B) Has a percentage of gross premiums written outside the United States that is at least10% of its total gross written premiums; and
  (C) Based on a 3-year rolling average, has total assets that are at least $50 billion or total gross written premiums of at least $10 billion.
(5B) “Medical service plan” means a plan for providing medical services and related services by physicians and others which entitles a subscriber to certain medical and related services, or to benefits and indemnification for such services.
(5C) "NAIC" means the National Association of Insurance Commissioners.
(5D) “Party” means the Mayor and any person or District government agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any proceeding before the Mayor or an agency, but nothing herein shall be construed to prevent the Mayor or an agency from admitting the Mayor or any person or agency as a party for limited purposes.
(6) “Person” means an individual, a corporation, a partnership, an association, a joint stock company, a trust, an unincorporated organization, any similar entity, or any combination of the foregoing acting in concert, but shall not include any joint venture partnership exclusively engaged in owning, managing, leasing, or developing real or tangible personal property.
(7) “Securityholder” means an individual who owns any security of a specified person, including common stock, preferred stock debt obligations, and any other security convertible into or evidencing the right to acquire any of the foregoing.
(8) “Subsidiary” means an affiliate controlled by a specified person directly or indirectly through 1 or more intermediaries.
(9) Repealed.
(10) “Voting security” means any security convertible into or evidencing a right to acquire a voting security.
D.C. Code § 31-6012 — DC Code / Title 31 / Chapter 60 / § 31-6012
§ 31-6012. Examination and regulation of Association.
Status: repealed

Repealed.
D.C. Code § 31-759 — DC Code / Title 31 / Chapter 7 / § 31-759
§ 31-759. Conversion of mutual insurance holding company.
Status: in_force

Chapter 9 of this title shall be applicable to the conversion of a mutual insurance holding company formed under this subchapter to a stock company as if the mutual insurance holding company were a mutual insurance company.
D.C. Code § 31-3803 — DC Code / Title 31 / Chapter 38 / § 31-3803
§ 31-3803. Notification of birth and payment of premiums or fees.
Status: in_force

If payment of a specific premium or subscription fee is required to provide coverage for a child, the policy or contract may require that notification of birth of a newly born child and payment of the required premium or fees must be furnished to the insurer or nonprofit service or indemnity corporation within 31 days after the date of birth in order to have the coverage continue beyond such 31-day period.
D.C. Code § 31-2502.18 — DC Code / Title 31 / Chapter 25 / § 31-2502.18
§ 31-2502.18. Investment of funds by domestic companies.
Status: repealed

Repealed.
D.C. Code § 31-5051.06 — DC Code / Title 31 / Chapter 50C / § 31-5051.06
§ 31-5051.06. Rules.
Status: in_force

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. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed disapproved.
D.C. Code § 31-3154 — DC Code / Title 31 / Chapter 31B / § 31-3154
§ 31-3154. Regulations.
Status: in_force

The Commissioner may promulgate rules and regulations necessary to implement the provisions of this chapter, including provisions for the disposal of books of business.
D.C. Code § 31-1341 — DC Code / Title 31 / Chapter 13 / § 31-1341
§ 31-1341. Liquidator’s recommendations to the court.
Status: in_force

(a) The liquidator shall review all claims duly filed in the liquidation and shall make any further investigation he or she deems necessary. He or she may compound, compromise, or in any other manner negotiate the amount for which claims will be recommended to the court, except where the liquidator is required by law to accept claims as settled by any person or organization, including any guaranty association or foreign guaranty association. Unresolved disputes shall be determined under § 31-1337 . As soon as practicable, the liquidator shall present to the court a report of the claims against the insurer with his or her recommendations. The report shall include the name and address of each claimant and the amount of the claim finally recommended, if any. If the insurer has issued annuities or life insurance policies, the liquidator shall report the persons to whom, according to the records of the insurer, amounts are owed as cash surrender values or other investment value and the amounts owed.
(b) The court may approve, disapprove, or modify the report on claims by the liquidator. The reports not modified by the court within a period of 60 days following submission by the liquidator shall be treated by the liquidator as allowed claims, subject to later modification or to rulings made by the court pursuant to § 31-1337 . No claim under a policy of insurance shall be allowed for an amount in excess of the applicable policy limits.
D.C. Code § 31-1371.03 — DC Code / Title 31 / Chapter 13A / § 31-1371.03
§ 31-1371.03. General investment qualifications.
Status: in_force

(a) Domestic insurers may acquire, hold, or invest in investments or engage in investment practices as set forth in this chapter. In addition to investments conforming to this act, domestic insurers may also invest in securities of one or more subsidiaries of the insurer to the extent permitted by § 31-702 .
(b) Subject to subsection (c) of this section, an insurer shall not acquire or hold an investment as an admitted asset unless, at the time of acquisition, it is:
  (1) Eligible for the payment or accrual of interest or discount, whether in cash or other securities; eligible to receive dividends or other distributions; or is otherwise income-producing; or
  (2) Acquired under §§ 31-1372.07(c) , 31-1372.08 , 31-1372.10 , 31-1372.12 , 31-1373.08(c) , 31-1373.09 , 31-1373.11 , or 31-1373.12 , or under other provisions of District of Columbia law other than this chapter.
(c) An insurer may acquire or hold as admitted assets investments that do not otherwise qualify as provided in this chapter if the insurer has not acquired them for the purpose of circumventing any limitations contained in this chapter, the insurer complies with the provisions of §§ 31-1371.04 and 31-1371.06 as to the investments, and the insurer acquires the investments in the following circumstances:
  (1) As payment on account of existing indebtedness or in connection with the refinancing, restructuring, or workout of existing indebtedness, if taken to protect the insurer’s interest in that investment;
  (2) As realization on collateral for an obligation;
  (3) In connection with an otherwise qualified investment or investment practice, (A) as interest on or a dividend or other distribution related to the investment or investment practice or in connection with the refinancing of the investment, and (B) for no additional or only nominal consideration;
  (4) Under a lawful and bona fide agreement of recapitalization or voluntary or involuntary reorganization in connection with an investment held by the insurer; or
  (5) Under a bulk reinsurance, merger, or consolidation transaction approved by the Commissioner if the assets constitute admissible investments for the ceding, merged, or consolidated companies.
(d) Unless within the period the investment has become a qualified investment under a section of this chapter other than subsection (c) of this section, an investment, or portion of an investment, acquired by an insurer under subsection (c) of this section shall become a nonadmitted asset 3 years (or 5 years in the case of mortgage loans and real estate) from the date of its acquisition; provided, that an investment acquired under an agreement of bulk reinsurance, merger, or consolidation may be qualified for a long period if so provided in the plan for reinsurance, merger, or consolidation as approved by the Commissioner. Upon application by the insurer and a showing that the nonadmission of an asset held under subsection (c) of this section would materially injure the interests of the insurer, the Commissioner may extend the period for admissibility for an additional reasonable period of time.
(e) Except as provided in subsections (f) and (h) of this section, an investment shall qualify under this chapter if, on the date that the insurer committed to acquire the investment or on the date of its acquisition, it would have qualified under this chapter. For the purposes of determining limitations contained in this chapter, an insurer shall give appropriate recognition to any commitments to acquire investments.
(f) (1) An investment held as an admitted asset by an insurer on April 11, 2003, which qualified under § 31-4435 [repealed], and § 31-2502.18 [repealed], shall remain qualified as an admitted asset under this chapter.
  (2) Each specific transaction constituting an investment practice of the type described in this chapter that was lawfully entered into by an insurer and was in effect on April 11, 2003, shall continue to be permitted under this chapter until its expiration or termination under its terms.
(g) Unless otherwise specified, an investment limitation computed on the basis of an insurer’s admitted assets or capital and surplus shall relate to the amount required to be shown on the statutory balance sheet of the insurer most recently required to be filed with the Commissioner. For purposes of computing any limitation based upon admitted assets, the insurer shall deduct from the amount of its admitted assets the amount of the liability recorded on its statutory balance sheet for:
  (1) The return of acceptable collateral received in a reverse repurchase transaction or a securities lending transaction;
  (2) Cash received in a dollar roll transaction; and
  (3) The amount reported as borrowed money in the most recently filed financial statement to the extent not included in paragraphs (1) and (2) of this subsection.
(h) An investment qualified, in whole or in part, for acquisition or holding as an admitted asset may be qualified or requalified at the time of acquisition or a later date, in whole or in part, under any other section, if the relevant conditions contained in the other section are satisfied at the time of qualification or requalification.
(i) An insurer shall maintain documentation demonstrating that investments were acquired in accordance with this chapter and specifying the section of this chapter under which they were acquired.
(j) An insurer shall not enter into an agreement to purchase securities in advance of their issuance for resale to the public as part of a distribution of the securities by the issuer or otherwise guarantee the distribution, except that an insurer may acquire privately placed securities with registration rights.
(k) Notwithstanding any provision of this chapter, the Commissioner may, by rule or order, permit an insurer to nonadmit, limit, dispose of, withdraw from, or discontinue an investment or investment practice to the extent the Commissioner finds that the investment or investment practice endangers the solvency of the insurer or is otherwise hazardous to policyholders, creditors, or the public in the District of Columbia. The authority of the Commissioner under this subsection shall be in addition to any other authority of the Commissioner.
(l) Insurance future and insurance futures options shall not be considered investments or investment practices for purposes of this chapter.
D.C. Code § 31-305 — DC Code / Title 31 / Chapter 3 / § 31-305
§ 31-305. Qualifications of independent certified public accountant.
Status: in_force

(a) The Mayor shall not recognize a person or firm as a qualified independent certified public accountant if the person or firm:
  (1) (A) Is not in good standing with the American Institute of Certified Public Accountants in all jurisdictions in which the accountant is licensed to practice; or
    (B) For a Canadian or British company, is not a chartered accountant; or
  (2) Has either directly or indirectly entered into an agreement of indemnity or release from liability with respect to the audit of the insurer.
(b) Except as otherwise provided herein, an independent certified public accountant shall be recognized as qualified as long as he or she conforms to the standards of his or her profession, as contained in the Code of Professional Ethics of the American Institute of Certified Public Accountants, Chapter 15 [repealed] of Title 3, and rules promulgated by the District of Columbia Board of Accountancy.
(b-1) A qualified independent certified public accountant may enter into an agreement with an insurer to have disputes relating to an audit resolved by mediation or arbitration; provided, that in the event of a delinquency proceeding commenced against the insurer under Chapter 13 of this title [ § 31-1301 et seq.], the mediation or arbitration provision shall operate at the option of the statutory successor.
(c) (1) The lead or coordinating audit partner having primary responsibility for the audit shall not act in that capacity for more than 5 consecutive years. A lead or coordinating auditor shall be disqualified from acting in that or a similar capacity for the same company or its insurance subsidiaries or affiliates for a period of 5 consecutive years. An insurer may make application to the Mayor for relief from the above rotation requirement on the basis of unusual circumstances. Any application shall be made at least 30 days before the end of the calendar year. The Mayor may consider the following factors in determining if the relief should be granted:
    (A) The number of partners, the expertise of the partners, or the number of insurance clients in the currently registered firm;
    (B) The premium volume of the insurer: or
    (C) The number of jurisdictions in which the insurer transacts business.
  (2) The insurer shall file, with its annual statement filing, the approval for relief from subsection (c)(1) of this section with the jurisdictions in which it holds a license or does business and the NAIC. If a nondomestic jurisdiction accepts electronic filing with the NAIC, the insurer shall file the approval in an electronic format acceptable to the NAIC.
(d) The Mayor shall not recognize as a qualified independent certified public accountant, nor accept any annual audited financial report prepared, in whole or in part, by any natural person who:
  (1) Has been convicted of fraud, bribery, a violation of the Racketeer Influenced and Corrupt Organizations Act, approved October 15, 1970 (84 Stat. 941; 18 U.S.C. § 1961 et seq.), or any dishonest conduct or practices under federal or state law;
  (2) Has been found to have violated the insurance laws of the District of Columbia with respect to any previous reports submitted under this chapter; or
  (3) Has demonstrated a pattern or practice of failing to detect or disclose material information in previous reports filed under this chapter.
(e) The Mayor, as provided in §§ 31-2502.03 and 31-4305 , may hold a hearing to determine whether an independent public accountant is qualified and, considering the evidence presented, may rule that the accountant is not qualified for purposes of expressing his or her opinion on the financial statements in the annual audited financial report made pursuant to this chapter and require the insurer to replace the accountant with another whose relationship with the insurer is qualified within the meaning of this chapter.
(f) (1) The Mayor shall not recognize as a qualified independent certified public accountant, or accept an annual audited financial report, prepared in whole or in part by an independent certified public accountant, who provides to an insurer, contemporaneously with the audit, the following non-audit services:
    (A) Bookkeeping or other services related to the accounting records or financial statements of the insurer;
    (B) Financial information systems design and implementation;
    (C) Appraisal or valuation services, fairness opinions, or contribution-in-kind reports;
    (D) (i) Actuarially-oriented advisory services involving the determination of amounts recorded in the financial statements.
      (ii) The accountant may assist an insurer in understanding the methods, assumptions, and inputs used in the determination of amounts recorded in the financial statement only if it is reasonable to conclude that the services provided will not be subject to audit procedures during an audit of the insurer’s financial statements. An accountant’s actuary may also issue an actuarial opinion or certification of an insurer’s reserves if the following conditions have been met:
        (I) The accountant or the accountant’s actuary has not performed any management functions or made any management decisions;
        (II) The insurer has competent personnel or engages a third-party actuary to estimate the reserves for which management takes responsibility; and
        (III) The accountant’s actuary tests the reasonableness of the reserves after the insurer’s management has determined the amount of the reserves;
    (E) Internal audit outsourcing services;
    (F) Management functions or human resources;
    (G) Broker or dealer, investment adviser, or investment banking services;
    (H) Legal services or expert services unrelated to the audit; or
    (I) Any other services that the Mayor determines, by rule, are impermissible.
  (2) The principles of independence with respect to services provided by the qualified independent certified public accountant are predicated on 3 basic principles: the accountant cannot function in the role of management; the accountant cannot audit its own work; and the accountant cannot serve in an advocacy role for the insurer. A violation of one or more of these principles shall impair the accountant’s independence.
(g) An insurer having direct written and assumed premiums of less than $100 million in any calendar year may request an exemption from subsection (f)(1) of this section. The insurer shall file with the Mayor a written statement explaining why the insurer should be exempt. If the Mayor finds, upon review of the statement, that compliance with subsection (f)(1) of this section would constitute a financial or organizational hardship on the insurer, an exemption may be granted.
(h) A qualified independent certified public accountant who performs the audit may engage in other non-audit services, including tax services, that are not described in or do not conflict with subsection (f) of this section, if the audit committee provides advance approval in accordance with subsection (i) of this section.
(i) All auditing services and non-audit services provided to an insurer by a qualified independent certified public accountant shall be preapproved by the audit committee. The preapproval requirement shall be waived with respect to non-audit services if:
  (1) The insurer is a SOX Compliant Entity or a direct or indirect wholly-owned subsidiary of a SOX Compliant Entity; or
  (2) (A) The aggregate amount of all such non-audit services provided to the insurer constitutes no more than 5% of the total amount of fees paid by the insurer to its qualified independent certified public accountant during the fiscal year in which the non-audit services are provided;
    (B) The services were not recognized by the insurer at the time of the engagement to be non-audit services; and
    (C) The provision of services is promptly brought to the attention of the audit committee and approved prior to the completion of the audit by the audit committee or by one or more members of the audit committee who are the members of the board of directors to whom authority to grant such approvals has been delegated by the audit committee.
(j) The audit committee may delegate to one or more designated members of the audit committee the authority to grant the preapproval required by subsection (i) of this section. Any decision by a member or members to whom authority has been delegated to preapprove certain audit and non-audit services shall be formally presented to the full audit committee at its next regularly scheduled meeting.
(k) (1) The Mayor shall not recognize an independent certified public accountant as qualified for a particular insurer if a member of the board, president, chief executive officer, controller, chief financial officer, chief accounting officer, or any person serving in an equivalent position for that insurer was employed by the independent certified public accountant and participated in the audit of the insurer during the one-year period preceding the date the most current statutory opinion is due. This paragraph shall apply only to partners and senior managers involved in the audit. An insurer may make application to the Mayor for relief from the requirement of this paragraph on the basis of good cause.
  (2) The insurer shall file, with its annual statement filing, any approval for relief obtained pursuant to paragraph (1) of this subsection with the jurisdictions in which it holds a license or does business and with the NAIC. If a nondomestic jurisdiction accepts electronic filing with the NAIC, the insurer shall file the approval in an electronic format acceptable to the NAIC.
D.C. Code § 31-4003 — DC Code / Title 31 / Chapter 40 / § 31-4003
§ 31-4003. Commissioner to establish liability coverage levels.
Status: in_force

For purposes of this chapter, the Commissioner shall establish liability coverage levels in rulemaking pursuant to the provisions of subchapter I of Chapter 5 of Title 2 .
D.C. Code § 31-2202 — DC Code / Title 31 / Chapter 22 / § 31-2202
§ 31-2202. Authorization of entry.
Status: in_force

(a) A non-U.S. insurer may use the District as a state of entry to transact insurance in the United States through a U.S. branch by:
  (1) Qualifying as an insurer licensed to do business in the District; and
  (2) Establishing a trust account, pursuant to a trust agreement approved by the Commissioner, with a U.S. bank approved by the Commissioner in an amount at least equal to the minimum capital and surplus required to be maintained by a domestic insurer licensed to do the same kind of insurance.
(b) Before authorizing the entry through the District of a U.S. branch of any non-U.S. insurer, the Commissioner shall require the non-U.S. insurer, in addition to the requirements of § 31-2204 and any other requirement of the insurance law, to submit:
  (1) A copy of its charter and by-laws, if any, currently in force, and such other documents necessary to show the kinds of business which it is empowered to do in its domiciliary jurisdiction, attested to as accurate and complete by the insurance supervisory official in its home jurisdiction, and a full statement, subscribed and affirmed as true under the penalties of perjury by 2 officers or equivalent responsible representatives in such manner as the Commissioner shall prescribe, of its financial conditions as of the close of its latest fiscal year, showing its assets, liabilities, income disbursements, business transacted, and other facts required to be shown in its annual statement, as reported to the insurance supervisory official in its home jurisdiction, and an English language translation, as necessary, of any of the documents required herein; and
  (2) To an examination of the insurer’s affairs at its principal office within the United States. However, the Commissioner may instead accept a report of the insurance supervisory official of the insurer’s home jurisdiction.
D.C. Code § 31-5807 — DC Code / Title 31 / Chapter 58 / § 31-5807
§ 31-5807. Confidential treatment of information and documents of insurers.
Status: repealed

Repealed.
D.C. Code § 31-3932.12 — DC Code / Title 31 / Chapter 39A / § 31-3932.12
§ 31-3932.12. Liquidation and rehabilitation.
Status: in_force

(a) (1) Notwithstanding the provisions of Chapter 13 of this title , the Commissioner may apply to the Superior Court of the District of Columbia for an order authorizing the Commissioner to conserve, rehabilitate, or liquidate an SPFC domiciled in the District on one or more of the following grounds:
    (A) There has been embezzlement, wrongful sequestration, dissipation, or diversion of the assets of the SPFC intended to be used to pay amounts owed to the counterparty or the holders of SPFC securities; or
    (B) The SPFC is insolvent and the holders of a majority in outstanding principal amount of each class of SPFC securities request or consent to conservation, rehabilitation, or liquidation pursuant to this subchapter.
  (2) The court shall not grant relief provided by paragraph (1)(A) of this subsection unless, after notice and a hearing, the Commissioner, who shall have the burden of proof, establishes by clear and convincing evidence that relief should be granted.
(b) Notwithstanding another provision in this subchapter, rules promulgated under this subchapter, or another applicable law or rule, upon any order of conservation, rehabilitation, or liquidation of an SPFC, the receiver shall manage the assets and liabilities of the SPFC pursuant to this subchapter.
(c) (1) With respect to amounts recoverable under an SPFC contract, the amount recoverable by the receiver shall not be reduced or diminished as a result of the entry of an order of conservation, rehabilitation, or liquidation with respect to the counterparty, notwithstanding another provision in the contracts or other documentation governing the SPFC insurance securitization.
  (2) Notwithstanding the provisions of Chapter 13 of this title , an application or petition, or a temporary restraining order or injunction issued pursuant to Chapter 13 of this title , with respect to a counterparty shall not prohibit the transaction of a business by an SPFC, including any payment by an SPFC made pursuant to an SPFC security, or any action or proceeding against an SPFC or its assets.
  (3) Notwithstanding the provisions of Chapter 13 of this title , the commencement of a summary proceeding or other interim proceeding commenced before a formal delinquency proceeding with respect to an SPFC, and any order issued by the court, shall not prohibit:
    (A) The payment by an SPFC made pursuant to an SPFC security or SPFC contract; or
    (B) The SPFC from taking any action required to make the payment.
(d) Notwithstanding Chapter 13 of this title , or other laws of the District:
  (1) A receiver of a counterparty shall not void a nonfraudulent transfer by a counterparty to an SPFC of money or other property made pursuant to an SPFC contract; and
  (2) A receiver of an SPFC shall not void a nonfraudulent transfer by the SPFC of money or other property made to a counterparty pursuant to an SPFC contract or made to or for the benefit of any holder of an SPFC security on account of the SPFC security.
(e) With the exception of the fulfillment of the obligations under an SPFC contract, and notwithstanding another provision of this subchapter or other laws of the District, the assets of an SPFC, including assets held in trust, shall not be consolidated with or included in the estate of a counterparty in any delinquency proceeding against the counterparty pursuant to the provisions of this subchapter for any purpose, including, distribution to creditors of the counterparty.
D.C. Code § 31-3201 — DC Code / Title 31 / Chapter 32 / § 31-3201
§ 31-3201. Standardized uniform health insurance claims forms.
Status: in_force

(a) The HCFA 1500 and UB 92 claims forms, or their successor forms as they may be amended from time to time, shall serve as the official health insurance claims forms of the District of Columbia for hospitals and other medical providers and governmental agencies, and such forms shall be used and exclusively accepted by all insurers, including health maintenance organizations and other forms of managed care, transacting health insurance, providing medical insurance through a personal automobile policy, workers’ compensation, or otherwise providing coverage for medical services, and by all hospitals, medical providers, and government agencies in the District of Columbia that require insurance claim forms for their records.
(b) The claims forms specified in subsection (a) of this section may be modified as necessary to accommodate the transmission and administration of claims by electronic means.
(c) (1) No later than January 1, 2024, a utilization review entity shall accept and respond to prior authorization requests under the pharmacy benefit through a secure electronic transmission using the NCPDP SCRIPT Standard ePA transactions, which shall not include facsimile, proprietary payer portals, electronic forms, or any other technology not directly integrated with a physician's electronic health record or electronic prescribing system.
  (2) For the purposes of this subsection, the term:
    (A) "NCPDP SCRIPT Standard ePA" means the National Council for Prescription Drug Programs SCRIPT Standard Version 2013101, or the most recent standard adopted by the United States Department of Health and Human Services.
    (B) "Prior authorization" shall have the same meaning as provided in § 31-3875.01(7) .
    (C) "Utilization review entity" shall have the same meaning as provided in § 31-3875.01(10) .
D.C. Code § 31-5802 — DC Code / Title 31 / Chapter 58 / § 31-5802
§ 31-5802. Subsidiaries of domestic insurers.
Status: repealed

Repealed.