D.C. Code § 31-4716 — DC Code / Title 31 / Chapter 47 / § 31-4716
§ 31-4716. Rights of parties under life policies.
Status: in_force

(a) When a policy of insurance, whether heretofore or hereafter issued, is effected by any person on his own life or on another life in favor of some person other than himself having an insurable interest therein, or, except in cases of transfer with intent to defraud creditors, if a policy of life insurance is assigned or in any way made payable to any such person, the lawful beneficiary or assignee thereof, other than the insured or the person so effecting such insurance or executors or administrators of such insured or the person so effecting such insurance, shall be entitled to its proceeds and avails against the creditors and representatives of the insured and of the person effecting such insurance whether or not the right to change the beneficiary is reserved or permitted and whether or not the policy is made payable to the person whose life is insured, if the beneficiary or assignee shall predecease such person; provided, that subject to the statute of limitations the amount of any premiums for said insurance paid with intent to defraud creditors, with interest thereon, shall inure to their benefit from the proceeds of the policy, but the company issuing the policy shall be discharged of all liability thereon by payment of its proceeds in accordance with its terms, unless before such payment the company shall have written notice by or in behalf of a creditor of a claim to recover for transfer made or premiums paid with intent to defraud creditors with specifications of the amount claimed.
(b) A charitable, benevolent, educational, governmental, or religious institution that is described in § 501(c)(3) or § 170(b)(1)(A) of the Internal Revenue Code or a trust for the benefit of the institution that is qualified as a charitable remainder trust under § 664 or a pooled income fund under § 642(c)(5) of the Internal Revenue Code may acquire an insurable interest in the life of an individual if:
  (1) The institution or trust is designated irrevocably as the beneficiary of the insurance proceeds or designated as the owner of the life insurance policy, or both;
  (2) The application for the insurance contract is procured and signed by the individual whose life is to be insured; and
  (3) Notwithstanding paragraph (1) of this subsection, the insured pays the premiums for the insurance policy for at least 3 years following the issuance of the policy.
(c) Subsection (b) of this section does not prohibit the insured from retaining all ownership rights conferred by the insurance policy, except the right to loan or borrow value during the premium-paying period or at maturity.
D.C. Code § 31-5603.02 — DC Code / Title 31 / Chapter 56 / § 31-5603.02
§ 31-5603.02. Registration by notification.
Status: in_force

(a) The following securities may be registered by notification, whether or not the securities are also eligible for registration by coordination under § 31-5603.03 :
  (1) A security whose issuer, and any predecessor (by merger, consolidation or acquisition of assets), has been in continuous operation for at least 5 years if:
    (A) There has been no default within the past 3 calendar years in the payment of principal, interest, or dividends on any security of the issuer with a fixed maturity or a fixed interest or dividend provision; and
    (B) The issuer and any predecessor during the past 3 calendar years have had average net earnings, determined in accordance with generally accepted accounting principles, which:
      (i) Are applicable to all securities without a fixed maturity or a fixed interest or dividend provision outstanding on the date that the registration statement is filed and equal at least 5% of the amount of these outstanding securities, as measured by the maximum cash offering price or the market price on a day selected by the registrant, within 30 days before the date of filing the registration statement, whichever is higher, or book value, on a day selected by the registrant within 90 days of the date of filing the registration statement, to the extent that there is not a readily determinable market price or a cash offering price; or
      (ii) If the issuer and any predecessor has not had a security of the type specified in sub-subparagraph (i) of this subparagraph outstanding for 3 full calendar years, equal at least 5% of the amount, as measured in sub-subparagraph (i) of this subparagraph, of all securities which will be outstanding if all the securities being offered or proposed to be offered, whether or not they are proposed to be registered or offered in the District, are issued; and
  (2) A security, other than a certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, registered for nonissuer distribution if:
    (A) A security of the same class has ever been registered under this chapter; or
    (B) The security being registered was originally issued pursuant to an exemption under this chapter.
(b) In addition to the information specified in § 31-5603.06(c) and the consent to service of process required under § 31-5607.06 , a registration statement under this section shall contain the following information and be accompanied by the following documents,:
  (1) A statement demonstrating eligibility for registration by notification;
  (2) With respect to the issuer and any significant subsidiary:
    (A) The name, address, and form of organization;
    (B) The state or jurisdiction of its organization and the date of its organization; and
    (C) The general character and location of its business;
  (3) With respect to a person on whose behalf a part of the offering is to be made in a non-issuer distribution:
    (A) The person’s name and address;
    (B) The amount of the issuer’s securities held by the person as of the date of the filing of the registration statement; and
    (C) A statement of the person’s reasons for making the offering;
  (4) A description of the security being registered;
  (5) The information and documents specified in § 31-5603.04(b)(2) , (4), (7), (8), (9), (10), and (12);
  (6) A balance sheet of the issuer as of a date within 4 months before the filing of the registration statement;
  (7) A summary of earnings:
    (A) For each of the 2 calendar years preceding the date of the balance sheet and for any period between the close of the last calendar year and the date of the balance sheet; or
    (B) For the period of existence of the issuer and any predecessor, if less than 2 years; and
  (8) Two copies of the prospectus required by subsection (c) of this section.
(c) (1) As a condition of registration under this section, a prospectus containing any designated part of the information specified in subsection (b) of this section shall be sent or given to each person to whom an offer is made before or concurrently with the first to occur of:
    (A) The first written offer to the person, other than by means of a public advertisement, by or for the account of the issuer or any other person on whose behalf the offering is being made, or by any underwriter or broker-dealer who is offering part of an unsold allotment or subscription taken by the underwriter or broker-dealer as a participant in the distribution;
    (B) The confirmation of a sale made by or for the account of the person;
    (C) Payment under the sale; or
    (D) Delivery of the security under the sale.
  (2) Paragraph (1)(A) of this subsection may be satisfied by the use of a preliminary prospectus, so designated and bearing the legend which the Commissioner prescribes, if a final prospectus is sent or given to each recipient of the preliminary prospectus before or concurrently with whichever event in paragraph (1)(B), (C), and (D) first occurs.
(d) If a stop order is not in effect and a proceeding is not pending under § 31-5603.06 , a registration statement under this section shall become effective at:
  (1) Three o’clock p.m. eastern standard time or eastern daylight savings time, as applicable, of the 10th full business day after the filing of the registration statement or the last amendment; or
  (2) At any earlier time which the Commissioner determines by rule or order.
D.C. Code § 31-1404 — DC Code / Title 31 / Chapter 14 / § 31-1404
§ 31-1404. Examination reports.
Status: in_force

(a) General description. — All examination reports shall be comprised of only facts appearing upon the books, records, or other documents of the company, its agents or other persons examined, or as ascertained from the testimony of its officers or agents or other persons examined concerning its affairs, and those conclusions and recommendations as the examiners find reasonably warranted from the facts.
(b) Filing of examination report. — No later than 60 days following completion of the examination, the examiner in charge shall file with the Mayor a verified written report of examination under oath. Upon receipt of the verified report, the Mayor shall transmit the report to the company examined, together with a notice which shall afford the company examined a reasonable opportunity of not more than 30 days to make a written submission or rebuttal with respect to any matters contained in the examination report.
(c) Adoption of report on examination. — Within 30 days of the end of the period allowed for the receipt of written submissions or rebuttals, the Mayor shall fully consider and review the report, together with any written submissions or rebuttals and any relevant portions of the examiner’s workpapers and enter an order:
  (1) Adopting the examination report as filed or with modification or corrections. If the examination report reveals that the company is operating in violation of any law, regulation, or prior order of the Mayor, the Mayor may order the company to take any action the Mayor considers necessary and appropriate to cure the violation;
  (2) Rejecting the examination report with directions to the examiners to reopen the examination for purposes of obtaining additional data, documentation, or information, and refiling pursuant to subsections (a) and (b) of this section; or
  (3) Calling for an investigatory hearing with no less than 20 days notice to the company for purposes of obtaining additional documentation, data, information, and testimony.
(d) Orders and procedures. — (1) All orders entered pursuant to subsection (c)(1) of this section shall be accompanied by findings of fact and conclusions of law resulting from the Mayor’s consideration and review of the examination report, relevant examiner workpapers, and any written submissions or rebuttals. These orders shall be considered final administrative decisions and may be appealed to the Mayor pursuant to §§ 31-4332 and 31-2502.43 [repealed], and shall be served upon the company by certified mail, together with a copy of the adopted examination report. Within 30 days of the issuance of the adopted report, the company shall file affidavits executed by each of its directors stating under oath that they have received a copy of the adopted report and related orders.
  (2) Any hearing conducted under subsection (c)(3) of this section by the Mayor shall be conducted as a nonadversarial confidential investigatory proceeding necessary for the resolution of any inconsistencies, discrepancies, or disputed issues apparent upon the face of the filed examination report or raised by or as a result of the Mayor’s review of relevant workpapers or by the written submission or rebuttal of the company. Within 20 days of the conclusion of such a hearing, the Mayor shall enter an order pursuant to subsection (c)(1) of this section.
    (A) The hearing shall proceed expeditiously with discovery by the company limited to the examiner’s workpapers which tend to substantiate any assertions set forth in any written submission or rebuttal. The Mayor may issue subpoenas for the attendance of any witnesses or the production of any documents deemed relevant to the investigation whether under the control of the Department, the company, or other persons. The documents produced shall be included in the record, and testimony taken by the Mayor shall be under oath and preserved for the record. Nothing contained in this section shall require the Department to disclose any information or records which would indicate or show the existence or content of any investigation or activity of a criminal justice agency.
    (B) The hearing shall proceed with the Mayor posing questions to the persons subpoenaed. Thereafter the company and the Department may present testimony relevant to the investigation. Cross examination shall be conducted only by the Mayor. The company and the Department shall be permitted to make closing statements and may be represented by counsel of their choice.
(e) Publication and use. — (1) Upon the adoption of the examination report under subsection (c)(1) of this section, the Mayor shall continue to hold the content of the examination report as private and confidential information for a period of 10 days, except to the extent provided in subsection (b) of this section. Thereafter, the Mayor may open the report for public inspection so long as no court of competent jurisdiction has stayed its publication.
  (2) No District law shall prevent or be construed as prohibiting the Mayor from disclosing the content of an examination report, preliminary examination report, or results, or any related matter, to the Department or the department of insurance of any other state or country, or to law enforcement officials of the District or any other state or any agency of the federal government at any time, so long as the agency or office receiving the report or related matters agrees in writing to hold it confidential in a manner consistent with this chapter.
  (3) In the event the Mayor determines that regulatory action is appropriate as a result of any examination, the Mayor may initiate any proceedings or actions as provided by the laws of the District.
(f) Confidentiality of ancillary information. — All working papers, recorded information, documents, and copies produced by, created by, obtained by, or disclosed to the Mayor or any other person in the course of an examination made under this chapter or in the course of analysis by the Commissioner of the financial condition or market conduct of a company shall be confidential and privileged; shall not be subject to subchapter II of Chapter 5 of Title 2 ; shall not be subject to subpoena; and shall not be subject to discovery or admissible in evidence in a private civil action. The Commissioner may use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as part of the Commissioner’s official duties. Documents, materials, or other information, including all working papers, and copies, in the possession or control of the National Association of Insurance Commissioners, including its affiliates and subsidiaries, shall be confidential and privileged; shall not be subject to subpoena; and shall not be subject to discovery or admissible in evidence in a private civil action, if they are:
  (1) Created, produced, or obtained by, or disclosed to, the National Association of Insurance Commissioners, including its affiliates and subsidiaries, while the National Association of Insurance Commissioners, including its affiliates and subsidiaries, are (A) assisting in an examination made under this chapter or an examination made by another jurisdiction with a law that is substantially similar to this chapter, or (B) assisting the Commissioner or the chief insurance regulatory official of another jurisdiction in the analysis of the financial condition or market conduct of a company; or
  (2) Disclosed to the National Association of Insurance Commissioners, including its affiliates and subsidiaries, under subsection (f-2) of this section by the chief insurance regulatory official of another jurisdiction.
(f-1) The Commissioner or any person who received documents, material, or other information while acting under the authority of the Commissioner, including the National Association of Insurance Commissioners, including its affiliates and subsidiaries, shall not be permitted to testify in a private civil action concerning confidential documents, materials, or other information subject to subsection (f) of this section.
(f-2) To assist in the performance of the Commissioner’s duties, the Commissioner:
  (1) May share documents, materials, or other information, including confidential and privileged documents, materials, or other information subject to subsection (f) of this section, with other state, federal, and international regulatory agencies; with the National Association of Insurance Commissioners, including its affiliates and subsidiaries; and with state, federal and international law enforcement authorities; provided, that the recipient agrees, and has the legal authority, to maintain the confidentiality and privileged status of the documents, materials, communication, or other information;
  (2) May receive documents, materials, communications, or other information, including otherwise confidential and privileged documents, materials, or other information, from the National Association of Insurance Commissioners, including 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 other 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 other information; or
  (3) May enter into agreements governing the sharing and use of information consistent with this subsection.
(f-3) No waiver of an applicable privilege or claim of confidentiality in the documents, materials, or other information shall occur as a result of disclosure to the Commissioner under this section or of sharing as authorized in subsection (f-2) of this section. Nothing in this section shall require an insurer to disclose documents, materials, or other information that is not otherwise required by law to be disclosed.
(f-4) A privilege established under the law of a state or jurisdiction that is substantially similar to the privilege established under this section shall be available and enforced in any proceeding in, and in any court of, the District.
(f-5) In this section, the terms “Department,” “insurance department,” “law enforcement agency,” “regulatory agency,” and “National Association of Insurance Commissioners” shall include their employees, agents, consultants, and contractors.
D.C. Code § 31-1328 — DC Code / Title 31 / Chapter 13 / § 31-1328
§ 31-1328. Setoffs.
Status: in_force

(a) Mutual debts or mutual credits, whether arising out of 1 or more contracts between the insurer and another person in connection with any action or proceeding under this chapter, shall be set off and the balance only shall be allowed or paid, except as provided in subsection (b) of this section and § 31-1331 .
(b) No setoff shall be allowed in favor of any person where:
  (1) The obligation of the insurer to the person would not at the date of the filing of a petition for receivership entitle the person to share as a claimant in the assets of the insurer;
  (2) The obligation of the insurer to the person was purchased by or transferred to the person with a view to its being used as a setoff;
  (3) The obligation of the insurer is owed to an affiliate of the person, or any other entity or association other than the person;
  (4) The obligation of the person is owed to an affiliate of the insurer, or any other entity or association other than the insurer;
  (5) The obligation of the person is to pay an assessment levied against the members or subscribers of the insurer, or is in any other way in the nature of a capital contribution; or
  (6) The obligations between the person and the insurer arise from business where either the person or the insurer has assumed risks and obligations from the other party and then has ceded back to that party substantially the same risks and obligations.
(c) The receiver shall provide persons with accounting statements identifying all debts which are due and payable. Where a person owes to the insurer amounts which are due and payable, against which the person asserts setoff of mutual credits which may become due and payable from the insurer in the future, the person shall promptly pay to the receiver the amounts due and payable; provided that, notwithstanding § 31-1340 or any other provision of this chapter, the receiver shall promptly and fully refund, to the extent of the person’s prior payments, any mutual credits that become due and payable to the person by the insurer. Prior to the termination of any proceeding under this chapter, the amount due the person shall be determined for the purpose of the receiver making a final refund, if any.
(d) These amendments shall be effective October 15, 1994 and shall apply to all contracts entered into, renewed, extended, or amended on or after that date, and to debts or credits arising from any business written or transactions occurring after the effective date pursuant to any such contract. For purposes of this section, any change in the terms of, or consideration for, any such contract shall be deemed an amendment.
D.C. Code § 31-1203 — DC Code / Title 31 / Chapter 12 / § 31-1203
§ 31-1203. Assessments.
Status: in_force

(a) The Mayor shall assess annually each insurer and health maintenance organization doing business in the District an amount based on a percentage of its direct gross receipts for the preceding year, provided that each insurer and health maintenance organization shall be subject to a minimum annual assessment of no less than $1000. The Mayor shall establish in each assessable year the assessment rate, not to exceed 3/10 of 1% of the direct gross receipts. In no event shall the amount assessed exceed the amount budgeted by the Council.
(b) The Mayor shall compute the assessment for each insurer and health maintenance organization and send the insurer and health maintenance organization this information in a “Notice of Assessment”. Each insurer and health maintenance organization shall pay to the Mayor the amount stated in the Notice of Assessment within 30 days of the mailing date of the Notice of Assessment. The assessment shall be a tax and licensing and regulatory fee for purposes of 45 CFR §§ 158.221(c) and 158.161(b).
(c) The annual billing cycle for the assessment established by this section shall be the fiscal year of the District of Columbia.
D.C. Code § 31-5806 — DC Code / Title 31 / Chapter 58 / § 31-5806
§ 31-5806. Examination of insurers.
Status: repealed

Repealed.
D.C. Code § 31-2502.17 — DC Code / Title 31 / Chapter 25 / § 31-2502.17
§ 31-2502.17. Power of domestic mutual companies to borrow or assume liability.
Status: in_force

A domestic mutual company may borrow or assume liability for the repayment of a sum of money sufficient to defray the reasonable expenses of its organization or to enable it to comply with any requirement of law or as a surplus fund upon agreement which shall first be submitted to and approved by the Commissioner that such loan or advance with interest at a rate not exceeding 6% per annum shall be repaid only with the approval of the Commissioner whenever in his judgment the company shall be in possession of sufficient surplus in excess of a surplus equal to the amount required by this chapter. Any such loan or advance shall not form a part of the legal liabilities of the company, but until such loan or advance has been repaid all statements published by such company or filed with the Commissioner shall show the amount thereof then remaining unpaid.
D.C. Code § 31-1112 — DC Code / Title 31 / Chapter 11 / § 31-1112
§ 31-1112. Validity of agreements as secured transactions.
Status: in_force

No filing of the premium finance agreement shall be necessary to perfect the validity of such agreement as a secured transaction as against creditors, subsequent purchasers, pledges, and encumbrances, successors, or assigns.
D.C. Code § 31-760 — DC Code / Title 31 / Chapter 7 / § 31-760
§ 31-760. Rulemaking.
Status: in_force

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 may issue rules and regulations to implement the provisions of this subchapter.
D.C. Code § 31-3604 — DC Code / Title 31 / Chapter 36 / § 31-3604
§ 31-3604. Group policies issued in other states.
Status: in_force

No group long-term care insurance coverage may be offered to a resident of the District of Columbia under a group policy issued in another state to a group described in § 31-3601(4)(D) , unless the District of Columbia, or another state having statutory and regulatory long-term care insurance requirements substantially similar to those adopted in the District of Columbia has made a determination that such requirements have been met.
D.C. Code § 31-2001 — DC Code / Title 31 / Chapter 20 / § 31-2001
§ 31-2001. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Adjusted RBC Report” means an RBC report that has been adjusted by the Commissioner in accordance with § 31-2002(g) .
(2) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.
(3) “Corrective order” means an order issued by the Commissioner specifying corrective actions which the Commissioner has determined are required.
(4) “District” means the District of Columbia.
(5) “Domestic insurer” means any insurance company domiciled in the District.
(6) “Foreign insurer” means any insurance company which is licensed to do business in the District, but is not domiciled in the District.
(6A) "Fraternal benefit society" means any insurance company licensed under the Fraternal Benefit Societies Act of 1998, effective April 29, 1998 (D.C. Law 12-86; D.C. Official Code § 31-5301 et seq .).
(6B) "Insurer" means an insurance company covered by this chapter .  The term "insurer" includes a fraternal benefit society.
(7) “Life or health insurer” means any insurance company licensed to underwrite life or health insurance, or a licensed property and casualty insurer writing only accident and health insurance.
(8) “NAIC” means the National Association of Insurance Commissioners.
(9) “Negative trend” means, with respect to a life or health insurer, negative trend over a period of time, as determined in accordance with the “Trend Test Calculation” included in the RBC Instructions.
(10) “Property and casualty insurer” means any insurance company licensed to underwrite property and casualty insurance, but does not include monoline mortgage guaranty insurers, financial guaranty insurers, and title insurers.
(11) “RBC” means risk-based capital.
(12) “RBC Instructions” means the RBC Report including risk-based capital instructions adopted by the NAIC, as such RBC Instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC.
(13) “RBC Level” means an insurer’s Company Action Level RBC, Regulatory Action Level RBC, Authorized Control Level RBC, or Mandatory Control Level RBC where:
  (A) “Company Action Level RBC” means, with respect to any insurer, the product of 2.0 and its Authorized Control Level RBC;
  (B) “Regulatory Action Level RBC” means the product of 1.5 and its Authorized Control Level RBC;
  (C) “Authorized Control Level RBC” means the number determined under the risk-based capital formula in accordance with the RBC Instructions; and
  (D) “Mandatory Control Level RBC” means the product of .70 and the Authorized Control Level RBC.
(14) “RBC Plan” means a comprehensive financial plan containing the elements specified in § 31-2003(b) . If the Commissioner rejects the RBC Plan, and it is revised by the insurer, with or without the Commissioner’s recommendation, the plan shall be called the “Revised RBC Plan”.
(15) “RBC Report” means the report required in § 31-2002 .
(16) “Total adjusted capital” means the sum of:
  (A) An insurer’s statutory capital and surplus; and
  (B) Such other items, if any, as the RBC Instructions may provide.
(17) “State” means any of the several states, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands.
D.C. Code § 31-5502 — DC Code / Title 31 / Chapter 55 / § 31-5502
§ 31-5502. Applicability.
Status: in_force

This chapter shall apply to all kinds of direct insurance, but shall not be applicable to the following:
(1) Life, annuity, health, or disability insurance;
(2) Mortgage guaranty, financial guaranty, or other forms of insurance offering protection against investment risks;
(3) Fidelity or surety bonds, or any other bonding obligations;
(4) Credit insurance, vendors’ single interest insurance, or collateral protection insurance or any similar insurance protecting the interests of a creditor arising out of a creditor-debtor transaction;
(5) Insurance of warranties or service contracts;
(6) Title insurance;
(7) Ocean marine insurance;
(8) Any transaction or combination of transactions between a person, including affiliates of such a person, and an insurer, including affiliates of such an insurer, which involves the transfer of investment or credit risk unaccompanied by transfer of insurance risk; or
(9) Any insurance provided by or guaranteed by government.
D.C. Code § 31-4444 — DC Code / Title 31 / Chapter 44 / § 31-4444
§ 31-4444. Procedure for merger of domestic companies.
Status: in_force

(a) Two or more domestic life companies may merge into 1 company.
(b) The board of directors of each company shall, by resolution adopted by a majority vote of the members of the boards, approve a plan of merger that lists the following:
  (1) The names of the companies proposing to merge.
  (2) The name of the surviving company the merging companies would become.
  (3) The terms and the conditions of the proposed merger.
  (4) The manner and the basis of converting the shares or memberships of each merging company into:
    (A) Shares, memberships, or other securities of the surviving company.
    (B) Shares or other securities of another company.
    (C) Cash or property.
  (5) Changes in the articles of incorporation of the surviving company.
  (6) Other provisions with respect to the proposed merger as are deemed necessary or desirable.
D.C. Code § 31-3834.04 — DC Code / Title 31 / Chapter 38B / § 31-3834.04
§ 31-3834.04. Religious exemption and accommodation.
Status: in_force

(a) (1) An employer organized and operating as a nonprofit entity and referred to in section 6033(a)(3)(A)(i) or (iii) of the Internal Revenue Code of 1986, approved October 22, 1986 (100 Stat. 2740; 26 U.S.C. § 6033(a)(3)(A)(i) or (iii)), may be exempt from any requirement to cover contraceptive or fertility enhancing drugs, devices, products, and services, abortion and abortion-care services, or voluntary sterilization procedures and services under §§ 31-3834.01 , 31-3834.02 , 31-3834.03 , 31-3834.03a , 31-3834.06 , and 31-3834.07 .
  (2) An employer claiming an exemption under this subsection shall provide its employees and prospective employees reasonable and timely notice of the exemption before enrollment with the group health plan, and the notice shall list the contraceptive drugs, devices, products, and services, abortion and abortion-care services, or voluntary sterilization procedures and services for which the employer does not provide coverage.
  (3) Nothing in this subsection shall be construed to allow for the exclusion of coverage for contraceptive drugs, devices, products, and service as prescribed by a provider, acting within his or her scope of practice, for reasons other than contraceptive purposes, such as decreasing the risk of ovarian cancer or eliminating symptoms of menopause, or for contraceptive drugs, devices, products, and services that are necessary to preserve the life or health of an enrollee.
(b) (1) Nothing in this chapter shall be construed to require an employer to provide coverage for contraceptive drugs, devices, products, and services, abortion and abortion-care services, or voluntary sterilization procedures and services through its group health plan if the employer has provided to its group health insurance issuer a notice of request for accommodation, in a form and manner specified by the Mayor, and the insurer has certified that the employer meets the requirements of subsection (c) of this section.
  (2) Beginning on January 1, 2019, and on a quarterly basis thereafter, a group health insurance issuer shall notify the Department of Insurance, Securities, and Banking which employers have been granted an accommodation pursuant to subsection (c) of this section.
  (3) An employer that receives an accommodation pursuant to subsection (c) of this section shall provide, through its group health plan, coverage for contraceptive drugs, devices, products, and services as prescribed and dispensed by a provider, acting within her or her scope of practice, for reasons other than contraceptive purposes, such as decreasing the risk of ovarian cancer or eliminating symptoms of menopause, and for contraceptive drugs, devices, products, and services that are necessary to preserve the life or health of an enrollee.
(c) A group health insurance issuer shall provide an employer with an accommodation to the requirements of §§ 31-3834.01 , 31-3834.02 , 31-3834.03 , 31-3834.03a , 31-3834.06 , or 31-3834.07 upon receipt of a self-certification, in a form and manner specified by the Mayor, that the employer is:
  (1) A nonprofit entity that holds itself out as a religious organization and objects to covering some or all of the contraceptive or fertility enhancing drugs, devices, products, or services, abortion and abortion-care services, or voluntary sterilization procedures and services on account of its sincerely held religious beliefs; or
  (2) A closely-held for-profit entity; provided, that its highest governing body (such as its board of directors, board of trustees, or owners, if managed directly by its owners) has adopted a resolution or similar action establishing that it objects to covering some or all of the contraceptive or fertility enhancing drugs, devices, products, or services, abortion and abortion-care services, or voluntary sterilization procedures and services on account of the owners' sincerely held religious beliefs.
(d) Upon receipt of a notice of request for accommodation that conforms to the requirements of subsection (c) of this section, a group health insurance issuer shall:
  (1) Exclude contraceptive or fertility enhancing drugs, devices, products, or services, abortion and abortion-care services, or voluntary sterilization procedures and services coverage from the group health insurance coverage provided in connection with the employer's group health plan; and
  (2) Provide separate payments for any contraceptive or fertility enhancing drugs, devices, products, or services required to be covered under §§ 31-3834.01 , 31-3834.02 , 31-3834.03 , 31-3834.03a , 31-3834.06 , or 31-3834.07 without imposing any cost-sharing requirements or any other fee directly or indirectly on the employer, the group health plan, or plan participants or beneficiaries.
(e) For the purposes of this section, the term "closely-held for-profit entity" means an entity that:
  (1) Is not a nonprofit entity;
  (2) Has no publicly traded ownership interests of any class of common equity securities required to be registered under section 12 of the Securities Exchange Act of 1934, approved June 6, 1934 (48 Stat. 892; 15 U.S.C. § 78l); and
  (3) Has more than 50% of the value of its ownership interest owned directly or indirectly by 5 or fewer individuals, or has an ownership structure that is substantially similar thereto, as of the date of the entity's self-certification pursuant to subsection (c) of this section.
D.C. Code § 31-3834 — DC Code / Title 31 / Chapter 38B / § 31-3834
§ 31-3834. Hormone replacement therapy coverage.
Status: in_force

An individual or group health plan, and a health insurer offering health care coverage that provides coverage for prescription drugs, shall provide benefits which cover any hormone replacement therapy that is prescribed or ordered for treating symptoms and conditions of menopause.
D.C. Code § 31-3931.22 — DC Code / Title 31 / Chapter 39A / § 31-3931.22
§ 31-3931.22. Applicable laws.
Status: in_force

(a) Except as otherwise expressly provided in this chapter, only the following laws relating to insurance shall apply to risk retention groups licensed as captive insurers:
  (1) Chapter 4 of this title notwithstanding the definition of the term “licensed insurer” or “insurer” in § 31-401(7)(A) ;
  (2) Subchapter I of Chapter 7 of this title ;
  (3) Chapter 15 of this title ; and
  (4) Chapter 18 of this title .
(b) Except for §§ 31-2002(a)(2) and 31-2003(f) , Chapter 20 of this title shall, effective January 1, 2012, apply to risk retention groups licensed as captive insurers; provided, that the Commissioner may waive the requirement that a risk retention group licensed as a captive insurer file a Risk Based Capital Plan under Chapter 20 of this title if the insurer is in compliance with its approved plan of operation and any additional requirements imposed by the Commissioner by rule pursuant to § 31-3931.21 .
D.C. Code § 31-2502.20 — DC Code / Title 31 / Chapter 25 / § 31-2502.20
§ 31-2502.20. Authority to transact business — Foreign or alien companies.
Status: in_force

Upon complying with the provisions of this chapter, a foreign or alien company organized as a stock, mutual, or reciprocal company, or as a Lloyd’s organization, but not otherwise, may be authorized by certificate of authority to transact in the District the kind or kinds of business which a domestic company similarly organized may be authorized to transact under this chapter. Such certificate of authority shall be issued as provided under § 31-2502.02 . The issuance of a certificate of authority to a Lloyd’s organization shall be subject to the provisions of § 31-2502.20a . Any company chartered by special act of the legislature of its state of domicile prior to the effective date of this chapter, as provided in § 48 of this act, as a company without capital stock but doing business exclusively on the stock plan and maintaining at all times a surplus of not less than $300,000 shall, in the administration of this chapter, be considered as a stock company.
D.C. Code § 31-5312 — DC Code / Title 31 / Chapter 53 / § 31-5312
§ 31-5312. Conversion of fraternal benefit society into a mutual life insurance company.
Status: in_force

Any domestic fraternal benefit society may be converted and licensed as a mutual life insurance company by compliance with all the applicable requirements of the laws of the District with respect to similar mutual legal reserve life insurance corporations if the plan of conversion has been approved by the Commissioner. A plan of conversion shall be prepared in writing by the board of directors setting forth in full the terms and conditions of conversion. The affirmative vote of 2/3 of all members of the supreme governing body at a regular or special meeting shall be necessary for the approval of the plan. No such conversion shall take effect unless approved by the Commissioner who may grant approval if the Commissioner finds that the proposed change is in conformity with the requirements of law and not prejudicial.
D.C. Code § 31-5603.06 — DC Code / Title 31 / Chapter 56 / § 31-5603.06
§ 31-5603.06. Provisions applicable to registration generally.
Status: in_force

(a) A registration statement may be filed by the issuer, any other person on whose behalf the offering is to be made, or a broker-dealer licensed under this chapter.
(b) A person filing a registration statement shall pay a filing fee in an amount established by rule. If a registration statement is withdrawn or abandoned before the effective date, or if a pre-effective stop order is entered under § 31-5603.06 , the Commissioner shall retain the fee.
(c) Every registration statement shall specify:
  (1) The amount of securities to be offered in the District;
  (2) The states in which a registration statement or similar document in connection with the offering has been or is to be filed; and
  (3) Any adverse order, judgment, or decree entered in connection with the offering by the regulatory authorities in any state, by any court, or by the Securities and Exchange Commission.
(d) A document filed under this chapter may be incorporated by reference in the registration statement to the extent that the document is currently accurate.
(e) The Commissioner may, by rule or order, permit the omission of an item of information or document from a registration statement.
(f) In the case of a non-issuer offering, the Commissioner may not require information under § 31-5603.04 unless it is known to the person filing the registration statement or on whose behalf the offering is to be made or can be furnished by the person without unreasonable effort or expense.
(g) The Commissioner may, by rule or order, require as a condition of registration by coordination under § 31-5603.03 , and registration by qualification under § 31-5603.04 , for an issuer that has no public market for its shares or no significant earnings from continuing operations during the last 5 years or any shorter period of its existence:
  (1) That any security to be issued for a consideration substantially different from the public offering price, or to any person for a consideration other than cash, be deposited in escrow; and
  (2) That the proceeds from the sale of the registered security in the District be impounded until the issuer receives a specified amount from the sale of the security either in the District or elsewhere.
(h) The Commissioner may, by rule or order, require as a condition of registration that any security registered by qualification or coordination be sold only on a specified form of subscription or sale contract, and that a signed or conformed copy of each contract be filed with the Commissioner or preserved for a period, not to exceed 3 years, specified in the rule or order.
(i) Except during the time of stop order is in effect under § 31-5603.07 , a registration statement shall be effective for one year from its effective date, or any longer period during which the security is being offered or distributed in a non-exempt transaction by or for the account of the issuer or other person on whose behalf the offering is being made, or by any underwriter or broker-dealer who is still offering part of an unsold allotment or subscription taken by the underwriter or broker-dealer as a participant in the distribution.
(j) During the period that a registration statement is effective, the Commissioner may, by rule or order, require the person who filed the registration statement to file reports, not more often than quarterly, to keep reasonably current the information contained in the registration statement and to disclose the progress of the offering.
(k) A registration statement may be amended after its effective date to increase the securities specified to be offered and sold if the public offering price and the underwriters’ discounts and commissions are not changed from the respective amounts of which the Commissioner was informed. The amendment shall become effective when the Commissioner so orders. A person filing an amendment shall pay an amendment fee in the amount established by rule. The amendment shall relate back to the date of the sale of the additional securities being registered; provided, that within 6 months of the date of the sale, the amendment is filed and the additional fee is paid.
(l) The Commissioner may, by rule or order, require as a condition of registration under § 31-5603.02 , § 31-5603.03 or § 31-5603.04 that a prospectus be sent or given to each person to whom an offer is made in accordance with the prospectus delivery requirements of the Securities Act of 1933. The Commissioner may require that a prospectus containing any part of the information specified in § 31-5603.04(b) be sent or given to each person to whom an offer is made before the sale of the security.
D.C. Code § 31-3302.02 — DC Code / Title 31 / Chapter 33 / § 31-3302.02
§ 31-3302.02. Special rules for network plans.
Status: in_force

(a) A health insurer that offers health insurance coverage in the individual market may:
  (1) Limit the individuals who may be enrolled under such coverage to those who live, reside, or work within the service area for such network plan; and
  (2) Within the service area of such plan, deny such coverage to such individuals if the health insurer has demonstrated to the Commissioner that:
    (A) It will not have the capacity to deliver services adequately to additional individual enrollees because of its obligations to existing group contract holders, enrollees, and enrollees covered under individual contracts; and
    (B) It is applying this section uniformly to individuals without regard to any health status-related factor of such individuals and without regard to whether the individuals are eligible individuals.
(b) A health insurer, upon denying health insurance coverage in the District of Columbia in accordance with subsection (a)(2) of this section, may not offer coverage in the individual market within such service area for a period of 180 days after such coverage is denied.
D.C. Code § 31-1372.05 — DC Code / Title 31 / Chapter 13A / § 31-1372.05
§ 31-1372.05. Equity interests.
Status: in_force

(a) Subject to the limitations of § 31-1372.02 , an insurer may acquire equity interests in business entities organized under the laws of any domestic jurisdiction.
(b) An insurer shall not acquire an investment under this section if, as a result of and after giving effect to the investment, the aggregate amount of investments held by the insurer under this section would exceed 20% of its admitted assets or the amount of equity interests held by the insurer that are not listed on a qualified exchange would exceed 5% of its admitted assets. An accident and health insurer shall not be subject to this section, but shall be subject to the same aggregate limitation on equity interests as a fire, casualty, and marine insurer under § 31-1373.06 and to the provisions of § 31-1373.02 .
(c) An insurer shall not acquire under this section any investments that the insurer may acquire under § 31-1372.07 .
(d) An insurer shall not short sell equity investments unless the insurer covers the short sale by owning the equity investment or an unrestricted right to the equity instrument exercisable within 6 months of the short sale.
D.C. Code § 31-4315 — DC Code / Title 31 / Chapter 43 / § 31-4315
§ 31-4315. Deposit of securities by companies desiring to transact business — Amount; deposits outside District.
Status: in_force

(a) Every company desiring to transact business in the District shall, as a prerequisite to the issuance of a certificate of authority, deposit, as herein provided, approved securities of not less than $100,000 market value. In the case of domestic companies, such deposit shall be made in the District as prescribed under § 31-4316 ; provided, that the deposit of every domestic company heretofore organized under the provisions of the laws of the District or other act of Congress may, in the discretion of the Commissioner, be limited: (1) For stock companies, to an amount equal to the capital stock outstanding on June 19, 1934; and (2) for nonstock companies, to such amount as in the opinion of the Commissioner would be required from stock companies of comparable size. In no case shall the deposit of a domestic company be less than $25,000 in value. In the case of foreign or alien companies, the deposit may be made as provided under § 31-4316 , or may be made with the supervising official of any state, territory, or insular possession of the United States authorized to accept such deposit, which shall be held for the benefit of all policyholders.
(b) In the case of a deposit made with an official outside the District, a certificate of deposit from said official shall be filed with the Commissioner, showing the character of the deposit, before a certificate of authority to transact business in the District may be issued, and, if the securities so deposited are not of the class authorized by this subdivision for investments of companies, the Commissioner may require an additional deposit in approved securities.
D.C. Code § 31-5417 — DC Code / Title 31 / Chapter 54 / § 31-5417
§ 31-5417. Applicability.
Status: in_force

This chapter shall apply to all matters relating to an impaired insurer or insolvent insurer for which the Association first becomes obligated on or after February 15, 2024.
D.C. Code § 31-3311.10 — DC Code / Title 31 / Chapter 33A / § 31-3311.10
§ 31-3311.10. Application.
Status: in_force

(a) This chapter shall apply to policies and certificates of insurance that are health benefit plans as defined under § 31-3271(4) that are issued 90 days after April 8, 2011. This chapter shall not apply to short-term limited duration health benefit plans.
(b) Small group market requirements under this chapter 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 employee of a small employer, as that term is defined in § 31-3301.01(42) , in the District.
(c) Individual market requirements under this chapter 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 § 31-2902 — DC Code / Title 31 / Chapter 29 / § 31-2902
§ 31-2902. Payable benefits.
Status: in_force

(a) Any individual or group health benefit plan, including Medicaid, shall provide health insurance benefits to cover:
  (1) A baseline mammogram for women, including a 3-D mammogram;
  (2) An annual screening mammogram for women, including a 3-D mammogram; and
  (3) Adjuvant breast cancer screening, including magnetic resonance imaging, ultrasound screening, or molecular breast imaging of the breast, if:
    (A) A mammogram demonstrates a Class C or Class D breast density classification; or
    (B) A woman is believed to be at an increased risk for cancer due to family history or prior personal history of breast cancer, positive genetic testing, or other indications of an increased risk for cancer as determined by a woman's physician or advanced practice registered nurse.
(b) Any individual or group health benefit plan, including Medicaid, shall provide health insurance benefits to cover:
  (1) Annual cervical cytologic screening for women; and
  (2) Cervical cytologic screening for women upon certification by an attending physician that the test is medically necessary.
(c) Benefits provided in accordance with this section shall not be subject to an annual or coinsurance deductible.
(d) Benefits provided in accordance with this section shall not be subject to a co-payment except when an enrollee or subscriber elects to have a baseline mammogram, annual screening mammogram, annual cervical cytologic screening, and a cervical cytologic screening certified by an attending physician as being necessary, performed by an out-of-network provider in a preferred provider plan.
(e) Co-payments and coinsurance may be applicable to the enrollee’s or subscriber’s office visit.
(f) Subsections (d) and (e) of this section shall apply:
  (1) To any insurance policy or subscriber contract delivered or issued for delivery in the District more than 120 days after April 5, 2005; and
  (2) To any insurance policy or subscriber contract renewed, amended, or reissued 120 days after April 5, 2005.
(g) For the purposes of this section, the term "breast density classification" means the 4 levels of breast density identified in the Breast Imaging Reporting and Data System established by the American College of Radiology, which are:
  (1) Class A, indicating fatty breast tissue;
  (2) Class B, indicating scattered fibroglandular breast tissue;
  (3) Class C, indicating heterogeneously dense breast tissue with fibrous and glandular tissue that are evenly distributed throughout the breast; and
  (4) Class D, indicating extremely dense breast tissue.
D.C. Code § 31-1631.09 — DC Code / Title 31 / Chapter 16A / § 31-1631.09
§ 31-1631.09. Adjustments to comply with insurance contract and law.
Status: in_force

A public insurance adjuster shall adjust or investigate every claim, damage, or loss made or occurring under an insurance contract for which the public insurance adjuster has been employed in accordance with the terms and conditions of his or her contract with the insured and the applicable laws and regulations of the District.
D.C. Code § 31-1392.02 — DC Code / Title 31 / Chapter 13B / § 31-1392.02
§ 31-1392.02. Commissioner Designated.
Status: in_force

The Commissioner of the Department of Insurance, Securities, and Banking is designated to serve as the representative of the District to the Interstate Insurance Product Regulation Commission.
D.C. Code § 31-5515 — DC Code / Title 31 / Chapter 55 / § 31-5515
§ 31-5515. Stay of proceedings; access to records.
Status: in_force

(a) All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in the District of Columbia shall be stayed for 6 months, and any additional time thereafter as may be determined by the court, from the date the insolvency is determined or an ancillary proceeding is instituted in the District, whichever is later, to permit proper defense by the Association of all pending causes of action. As to any covered claims arising from a judgment under any decision, verdict, or finding based on the default of the insolvent insurer or its failure to defend an insured, the Association, either on its own behalf or on behalf of the insured, may apply to have the judgment, order, decision, verdict, or finding set aside by the same court or administrator that made the judgment, order, decision, verdict, or finding and shall be permitted to defend the claim on the merits.
(b) The liquidator, receiver, or statutory successor of an insolvent insurer covered by this chapter shall permit access by the board of directors or its authorized representative, to any of the insolvent insurer’s records which are necessary for the board of directors in carrying out its functions under this chapter with regard to covered claims. In addition, the liquidator, receiver, or statutory successor shall provide the board of directors, or its representative, with copies of the records upon the request by the board and at the expense of the board.
D.C. Code § 31-1004 — DC Code / Title 31 / Chapter 10 / § 31-1004
§ 31-1004. Confidentiality.
Status: in_force

(a) All reports obtained by or disclosed to the Commissioner under this chapter in the possession or control of the Department of Insurance, Securities, and Banking shall be confidential and privileged; shall not be subject to subchapter II of Chapter 5 of Title 2 ; shall not be subject to subpoena; and shall not be subject to discovery or admissible in evidence in a private civil action without the prior written consent of the insurer to which it pertains; provided, that the Commissioner may use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the Commissioner’s official duties.
(b) If the Commissioner, after giving the insurer who would be affected notice and an opportunity to be heard, determines that the interest of policyholders, shareholders, or the public will be served by publication of the information subject to subsection (a) of this section, the Commissioner may publish all or any part in the manner that the Commissioner considers appropriate.
(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 a private civil action concerning any confidential documents, materials, or information subject to subsection (a) of this section.
(d) To assist in the performance of the Commissioner’s duties, the Commissioner:
  (1) May share documents, materials, or other information, including the confidential and privileged documents, materials, or other information subject to subsection (a) of this section, with other state, federal, and international regulatory agencies; with the National Association of Insurance Commissioners, including its affiliates and subsidiaries; and with state, federal, and international law enforcement authorities; provided, that the recipient agrees, and has the legal authority, to maintain the confidentiality and privileged status of the documents, materials, or other information;
  (2) May receive documents, materials, or other information, including confidential and privileged documents, materials, or other information, from the National Association of Insurance Commissioners, including 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 other 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 other information; or
  (3) May enter into agreements governing the sharing and use of information consistent with this section.
(e) No waiver of an applicable privilege or claim of confidentiality in the documents, materials, or other information shall occur as a result of disclosure to the Commissioner under this section or of sharing as authorized in subsection (d) of this section. Nothing in this section shall require an insurer to disclose documents, materials, or other information that is not otherwise required by law to be disclosed.
D.C. Code § 31-2502.02 — DC Code / Title 31 / Chapter 25 / § 31-2502.02
§ 31-2502.02. Certificate of authority to do business — Issuance or renewal.
Status: in_force

(a) The Commissioner shall issue a certificate of authority to a company when it shall have complied with the requirements of the laws of the District so as to be entitled to do business therein. The Commissioner may, however, satisfy himself by such investigation as he may consider proper or necessary that the company is duly qualified under the laws of the District to transact business therein, and may refuse to issue or renew the certificate to a company if the issuance or renewal of the certificate would adversely affect the public interest. In each case, the certificate shall be issued under the seal of the Commissioner authorizing and empowering the company to transact the kind of business specified in the certificate, and the certificate shall expire on the 30th day of April next succeeding the date of its issuance.
(b) Repealed.
(c) No company shall transact any business in or from the District until it shall have received a certificate of authority as authorized by this section, and no company shall transact any business not specified in the certificate of authority. No domestic mutual company shall transact any business in the District until it has bona fide applications for insurance covering not less than 200 separate risks in not less than 20 policies to be issued to not less than 20 members, and has received the cash premium therefor, and has a surplus of not less than the amount provided under §§ 31-2502.12 and 31-2502.13 .
D.C. Code § 31-4312 — DC Code / Title 31 / Chapter 43 / § 31-4312
§ 31-4312. Commissioner authorized to issue subpoenas; enforcement.
Status: in_force

(a) In the examination of any company as provided for in this subdivision, the Commissioner shall have power to issue subpoenas in the name of the Chief Judge of the Superior Court of the District of Columbia to compel witnesses to appear and testify and/or to produce all books, records, papers, or documents before said Commissioner.
(b) If any witness having been personally summoned shall neglect or refuse to obey the subpoena issued as herein provided, then and in that event the Commissioner may report that fact to the Superior Court of the District of Columbia, or one of the judges thereof, and said Court, or any judge thereof, hereby is empowered to compel obedience to said subpoena to the same extent as witnesses may be compelled to obey the subpoenas of that Court.
D.C. Code § 31-3131 — DC Code / Title 31 / Chapter 31A / § 31-3131
§ 31-3131. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Clean claim” means a claim that has no material defect or impropriety, including any lack of reasonably required substantiating documentation, which substantially prevents timely payment from being made on the claim or with respect to a health insurer that has failed timely to notify the person submitting the claim of any such defect or impropriety in accordance with § 31-3132 . For the purposes of this paragraph, the term “material defect” means an imperfection in the submission of a claim consisting in the omission of information that is essential to process the claim in accordance with the health plan’s published claim filing requirements. The requirements for electronic claim submissions shall be consistent with regulations promulgated by Secretary of Health and Human Services pursuant to section 1173 of the Social Security Act, approved August 14, 1935 (110 Stat. 2024; 42 U.S.C. § 1320d-2 ).
(2) “Coding guidelines” means those standards or procedures used or applied by a payor to determine the most accurate and appropriate code or codes for payment by the payor for a service.
(3) “Commissioner” means the Commissioner of the Department of Insurance and Securities Regulation.
(4) “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.
(5) “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.
(6) “Person” means an enrollee or subscriber in a health benefit plan, provider, or physician.
(7) “Provider” means a health care practitioner, group of health care practitioners, or other entity licensed, certified, or otherwise authorized by law to provide hospital, physician, or other heath care services.
(8) “Provider panel” means the providers that contract either directly, or through a subcontracting entity, with a health insurer to provide health care services to the health insurer’s enrollees under the health insurer’s health benefit plan. The term “provider panel” shall not include an arrangement in which any provider may participate solely by contracting with the health insurer to provide health care services at a discounted fee-for-service rate.
D.C. Code § 31-2101 — DC Code / Title 31 / Chapter 21 / § 31-2101
§ 31-2101. Standards for determining insurance companies in hazardous financial condition.
Status: in_force

(a) In order to determine whether the continued operation of any insurer transacting an insurance business in the District of Columbia might be deemed to be hazardous to the policyholders, creditors, or the general public, the Mayor may consider the following standards, either singly or in combination of 2 or more:
  (1) Adverse findings reported in financial condition and market conduct examination reports, audit reports, and actuarial opinions, reports or summaries;
  (2) The National Association of Insurance Commissioners Insurance Regulatory Information System and its other financial analysis solvency tools and reports;
  (3) Repealed.
  (4) Whether the insurer has made adequate provision, according to presently accepted actuarial standards of practice, for the anticipated cash flows required by the contractual obligations and related expenses of the insurer and related actuarial items, including the investment earnings on such assets and the considerations anticipated to be received and retained under such policies and contracts;
  (5) The ability of an assuming reinsurer to perform and whether the insurer’s reinsurance program provides sufficient protection for the company’s remaining surplus after taking into account the insurer’s cash flow and the classes of business written as well as the financial condition of the assuming reinsurer;
  (6) The insurer’s operating loss in the last 12-month period or any shorter period of time, including, but not limited to, net capital gain or loss, change in nonadmitted assets, and cash dividends paid to shareholders, is greater than 50% of the insurer’s remaining surplus as regards policyholders in excess of the minimum required;
  (6A) Whether the insurer’s operating loss in the last 12-month period or any shorter period of time, excluding net capital gain, is greater than 20% of the insurer’s remaining surplus as regards policyholders in excess of the minimum required;
  (7) Whether a reinsurer, obligor, or an entity within the insurer’s insurance holding company system is insolvent, threatened with insolvency, or delinquent in payment of its monetary or other obligations, and which in the opinion of the Mayor may affect the solvency of the insurer;
  (8) Contingent liabilities, pledges, or guaranties which, either individually or collectively, involve a total amount which in the opinion of the Mayor may affect the solvency of the insurer;
  (9) Whether any controlling person of an insurer is delinquent in the transmitting to, or payment of, net premiums to such an insurer;
  (10) The age and collectibility of receivables;
  (11) Whether the management of an insurer, including officers, directors, or any other person who directly or indirectly controls the operation of the insurer, fails to possess and demonstrate the competence, fitness, and reputation deemed necessary to serve the insurer in such a position;
  (12) Whether management of an insurer has failed to respond to inquiries relative to the condition of the insurer or has furnished false and misleading information concerning an inquiry;
  (12A) Whether the insurer has failed to meet financial and holding company filing requirements in the absence of a reason satisfactory to the Mayor;
  (13) Whether management of an insurer either has filed any false or misleading sworn financial statement, has released any false or misleading financial statement to lending institutions or to the general public, has made a false or misleading entry, or has omitted an entry of material amount in the books of the insurer;
  (14) Whether the insurer has grown so rapidly and to such an extent that it lacks adequate financial and administrative capacity to meet its obligations in a timely manner;
  (15) Whether the company has experienced or will experience in the foreseeable future cash flow or liquidity problems;
  (16) Whether management has established reserves that do not comply with minimum standards established by state insurance laws, regulations, statutory accounting standards, sound actuarial principles, and standards of practice;
  (17) Whether management persistently engages in material under reserving that results in adverse development;
  (18) Whether transactions among affiliates, subsidiaries, or controlling persons for which the insurer receives assets or capital gains, or both, do not provide sufficient value, liquidity, or diversity to assure the insurer’s ability to meet its outstanding obligations as they mature; or
  (19) Any other finding determined by the Mayor to be hazardous to the insurer’s policyholders, creditors, or general public.
(b) For the purposes of making a determination of an insurer’s financial condition under this chapter, the Mayor may:
  (1) Disregard any credit or amount receivable resulting from transactions with a reinsurer which is insolvent, impaired, or otherwise subject to a delinquency proceeding;
  (2) Make appropriate adjustments to asset values attributable to investments in or transactions with parents, subsidiaries, or affiliates;
  (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.
D.C. Code § 31-3505 — DC Code / Title 31 / Chapter 35 / § 31-3505
§ 31-3505. Requirements for issuance of certificate of authority.
Status: in_force

The Mayor shall issue a certificate of authority to each applicant upon the payment of the $200 fee provided for in § 31-3504(b) , and upon being satisfied that:
(a) The applicant has been organized bona fide for the purpose of establishing, maintaining, and operating a hospital service plan, a medical service plan, or combination of the two;
(b) Each contract executed, or proposed to be executed, by the applicant and any hospital, physician, or other medical provider for the furnishing of hospital or medical services to subscribers obligates, or will when executed obligate, each hospital, physician, or other similar service provider which is a party thereto to render the service to which each subscriber may be entitled under the terms and conditions of the various subscriber contracts issued, or proposed to be issued, by the applicant;
(c) Each subscriber contract issued, or proposed to be issued, in the District of Columbia is in a form approved by the Mayor, and that the rate charged, or proposed to be charged, for each form of such contract is approved by the Mayor as not being excessive, inadequate, or unfairly discriminatory in relation to the services and benefits offered; provided, that rates for experience rated groups need not, in accordance with § 31-3508(c) , be filed with the Mayor;
(d) The applicant has a surplus of an amount equal to or greater than that required under § 31-3506 , or the amount determined to be necessary pursuant to application of any risk-based capital regulations for hospital and medical services corporations promulgated by the Mayor; and
(e) The applicant has:
  (1) Made provision for compliance with the open enrollment requirements of § 31-3514 , including the providing of other public services in the District; or
  (2) Has entered into a public-private partnership.
D.C. Code § 31-5707 — DC Code / Title 31 / Chapter 57 / § 31-5707
§ 31-5707. Formation procedure.
Status: repealed

Repealed.
D.C. Code § 31-857 — DC Code / Title 31 / Chapter 8A / § 31-857
§ 31-857. Burden of proof.
Status: in_force

(a) A company asserting the privilege shall have the burden of demonstrating the applicability of the privilege. If a company has established the applicability of the privilege, a party seeking disclosure under § 31-854 shall have the burden of proving that the privilege is asserted for a fraudulent purpose or that the company failed to undertake reasonable corrective action or eliminate the noncompliance within a reasonable time. The Commissioner, Corporation Counsel, or U. S. Attorney seeking disclosure under § 31-855 shall have the burden of proof.
(b) The parties may at any time agree to entry of an order directing that specific information contained in an insurance compliance self-evaluative audit document be disclosed.
D.C. Code § 31-755 — DC Code / Title 31 / Chapter 7 / § 31-755
§ 31-755. Insurers rehabilitation and liquidation.
Status: in_force

(a) A mutual insurance holding company shall be deemed to be an insurer subject to Chapter 13 of this title (“Insurers Rehabilitation and Liquidation Act”), and shall automatically be a party to any proceeding under the Insurers Rehabilitation and Liquidation Act involving an insurance company, which as a result of a conversion or merger pursuant to § 31-702 or § 31-703 is directly or indirectly a subsidiary of the mutual insurance holding company. In any proceeding under the Insurers Rehabilitation and Liquidation Act involving the converted or merged insurance company, the assets of the mutual insurance holding company shall be deemed to be assets of the estate of the converted or merged insurance company for purposes of satisfying the claims of the converted or merged insurance company’s policyholders.
(b) A mutual insurance holding company shall not dissolve or liquidate without the approval of the Commissioner or as ordered by a District of Columbia court pursuant to the Insurers Rehabilitation and Liquidation Act.
D.C. Code § 31-5602.11 — DC Code / Title 31 / Chapter 56 / § 31-5602.11
§ 31-5602.11. Continuing education.
Status: in_force

The Commissioner may, by rule or order, establish continuing education requirements for investment adviser representatives.
D.C. Code § 31-3426 — DC Code / Title 31 / Chapter 34 / § 31-3426
§ 31-3426. Confidentiality of medical information and limitation of liability.
Status: in_force

(a) Any data or information pertaining to the diagnosis, treatment, or health of any enrollee or applicant obtained from such person or from any provider by any health maintenance organization shall be held in confidence and shall not be disclosed to any person except to the extent that it may be necessary to carry out the purposes of this chapter:
  (1) When needed for the conduct of the health maintenance organization’s business;
  (2) Upon the express consent of the enrollee or applicant;
  (3) Pursuant to statute or court order for the production of evidence or the discovery thereof; or
  (4) In the event of claim or litigation between such person and the health maintenance organization wherein such data or information is pertinent.
(b) A health maintenance organization shall be entitled to claim any statutory privileges against such disclosure which the provider who furnished such information to the health maintenance organization is entitled to claim.
(c) A person who, in good faith and without malice or negligence, takes any action or makes any decision or recommendation as a member, agent, or employee of a health care review committee, or who furnishes any records, information, or assistance to such a committee shall not be subject to liability for civil damages or any legal action in consequence of such action, nor shall the health maintenance organization which established such committee or the officers, directors, employees, or agents of such health maintenance organization be liable for the activities of any such person. This section shall not be construed to relieve any person of liability arising from treatment of a patient.
(d) (1) The information considered by a health care review committee and the records of their actions and proceedings shall be confidential and not subject to subpoena or order to produce except in proceedings before the appropriate District of Columbia licensing or certifying agency, or in an appeal, if permitted, from the committee’s findings or recommendations. No member of a health care review committee, or officer, director or other member of the health maintenance organization or its staff engaged in assisting such committee, or any person assisting or furnishing information to such committee, may be subpoenaed to testify in any judicial or quasi-judicial proceeding if such subpoena is based solely on such activities.
  (2) Information considered by a health care review committee and the records of its action and proceedings which are used pursuant to this subsection by a state licensing or certifying agency or in appeal shall be kept confidential and shall be subject to the same provision concerning discovery and use in legal actions as are the original information and records in the possession and control of a health care review committee.
(e) To fulfill its obligations under § 31-3406 , a health maintenance organization shall have access to treatment records and other information pertaining to the diagnosis, treatment, or health status of any enrollee.
D.C. Code § 31-2602.30 — DC Code / Title 31 / Chapter 26 / § 31-2602.30
§ 31-2602.30. Additional personnel and expenses for Insurance Department.
Status: repealed

Repealed.
D.C. Code § 31-6101 — DC Code / Title 31 / Chapter 61 / § 31-6101
§ 31-6101. Definitions.
Status: repealed

Repealed.
D.C. Code § 31-2602.21 — DC Code / Title 31 / Chapter 26 / § 31-2602.21
§ 31-2602.21. Establishment and maintenance of foreign agencies.
Status: repealed

Repealed.
D.C. Code § 31-4720 — DC Code / Title 31 / Chapter 47 / § 31-4720
§ 31-4720. Calculations of premiums and reserves.
Status: in_force

If in any contract year the gross premium charged by any life insurance company on any policy or contract subject to § 31-4701(a)(1) is less than the valuation net premium for the policy or contract calculated by the method used in calculating the reserve thereon but using the minimum valuation standards of mortality and rate of interest, the minimum reserve required for such policy or contract shall be the greater of either the reserve calculated according to the mortality table, rate of interest, and method actually used for such policy or contract, or the reserve calculated by the method actually used for such policy or contract but using the minimum standards of mortality and rate of interest and replacing the valuation net premium by the actual gross premium in each contract year for which the valuation net premium exceeds the actual gross premium. The minimum valuation standards of mortality and rate of interest referred to in this section are those standards stated in § 31-4701(c)(3) and (d); provided, that for any life insurance policy issued on or after January 1, 1987, for which the gross premium in the 1st policy year exceeds that of the 2nd year and for which no comparable additional benefit is provided in the 1st year for such excess and which provides an endowment benefit or a cash surrender value or a combination thereof in an amount greater than such excess premium, the foregoing provisions of this section shall be applied as if the method actually used in calculating the reserve for such policy were the method described in § 31-4701(c)(5) , ignoring subsection (c)(5)(B) of § 31-4701 . The minimum reserve at each policy anniversary of such a policy shall be the greater of the minimum reserve calculated in accordance with § 31-4701(c)(5) , including subsection (c)(5)(B) of § 31-4701 , and the minimum reserve calculated in accordance with this section.
D.C. Code § 31-5316 — DC Code / Title 31 / Chapter 53 / § 31-5316
§ 31-5316. Benefit contracts.
Status: in_force

(a) Every society authorized to do business in the District shall issue to each owner of a benefit contract a certificate specifying the amount of benefits provided thereby. The certificate, together with any riders or endorsements attached thereto, the laws of the society, the application for membership, the application for insurance and declaration of insurability, if any, signed by the applicant, and all amendments to each thereof, shall constitute the benefit contract, as of the date of issuance, between the society and the owner, and the certificate shall so state. A copy of the application for insurance and declaration of insurability, if any, shall be endorsed upon or attached to the certificate. All statements on the application shall be representations and not warranties. Any waiver of this provision shall be void.
(b) Any changes, additions, or amendments to the laws of the society duly made or enacted subsequent to the issuance of the certificate, shall bind the owner and the beneficiaries, and shall govern and control the benefit contract in all respects the same as though the changes, additions, or amendments had been made prior to, and were in force at the time of, the application for insurance.  No change, addition, or amendment shall destroy or diminish benefits which the society contracted to give the owner as of the date of issuance.
(c) Any person upon whose life a benefit contract is issued prior to attaining the age of majority shall be bound by the terms of the application and certificate and by all the laws and rules of the society to the same extent as though the age of majority had been attained at the time of application.
(d) A society shall provide in its laws that if its reserves as to all or any class of certificates become impaired, its board of directors or corresponding body may require the owner to pay to the society the amount of the owner’s equitable proportion of the deficiency as ascertained by its board, and that if the payment is not made either:  (i) it shall stand as an indebtedness against the certificate and draw interest not to exceed the rate specified for certificate loans under the certificates; or (ii) in lieu of or in combination with clause (i), the owner may accept a proportionate reduction in benefits under the certificate. The society may specify the manner of the election and which alternative is to be presumed if no election is made.
(e) Copies of any of the documents mentioned in this section, certified by the secretary or corresponding officer of the society, shall be received in evidence of the terms and conditions thereof.
(f) No certificate shall be delivered or issued for delivery in the District unless a copy of the form has been filed with the Commissioner in the manner provided for like policies issued by life, accident, and health insurers in the District. Any certificate issued prior to one year after April 29, 1998 shall conform to the requirements provided by the laws applicable immediately prior to April 29, 1998. Every life, accident and health or disability insurance certificate and every annuity certificate issued on or after one year from April 29, 1998 shall meet the standard contract provision requirements not inconsistent with this chapter for like policies issued by life, accident, and health insurers in the District, except that a society may provide for a grace period for payment of premiums of one full month in its certificates. The certificate shall also contain a provision stating the amount of premiums which are payable under the certificate and a provision reciting or setting forth the substance of any sections of the society’s laws or rules in force at the time of issuance of the certificate which, if violated, will result in the termination or reduction of benefits payable under the certificate. If the laws of the society provide for expulsion or suspension of a member, the certificate shall also contain a provision that a member so expelled or suspended, except for nonpayment of a premium or within the contestable period for material misrepresentation in the application for membership or insurance, shall have the privilege of maintaining the certificate in force by continuing payment of the required premium.
(g) Benefit contracts issued on the lives of persons below the society’s minimum age for adult membership may provide for transfer of control of ownership to the insured at an age specified in the certificate. A society may require approval of an application for membership in order to effect this transfer, and may provide in all other respects for the regulation, government and control of the certificates and all rights, obligations, and liabilities incident thereto and connected therewith. Ownership rights prior to the transfer shall be specified in the certificate.
(h) A society may specify the terms and conditions on which benefit contracts may be assigned.
D.C. Code § 31-106.02b — DC Code / Title 31 / Chapter 1 / § 31-106.02b
§ 31-106.02b. Affirmative duties – student loan servicers.
Status: in_force

(a) Except as otherwise provided pursuant to federal law or a student education loan agreement, a student loan servicer shall:
  (1) Respond to any written inquiry from a student loan borrower or the representative of a student loan borrower by:
    (A) Acknowledging receipt of the inquiry within 10 business days; and
    (B) Providing information relating to the inquiry, and, if applicable, the action the student loan servicer will take to correct the account or an explanation of the student loan servicer's determination that the borrower's account is correct within 30 business days, including copies of all information and account information used by the student loan servicer in reaching the determination.
  (2) Inquire of a student loan borrower who has an overpayment on how the student loan borrower wants to apply the overpayment to a student education loan. A student loan borrower's instruction on how to apply an overpayment to a student education loan shall stay in effect for any future overpayments during the term of the student education loan until the borrower provides different instructions.
  (3) (A) In the absence of direction provided by a student loan borrower pursuant to paragraph (2) of this subsection, allocate an overpayment on a student loan account in a manner that reduces the total cost of the student loan, including principal and balance, interest, and fees.
    (B) A student loan servicer shall be deemed to meet the requirements of this paragraph if the servicer allocates the overpayment to the loan with the highest interest rate on the student loan borrower's account, unless the student loan borrower specifies otherwise.
  (4) (A) In the absence of direction provided by a student loan borrower pursuant to paragraph (2) of this subsection, apply partial payments in a manner that minimizes late fees and negative credit reporting.
    (B) If there are multiple loans on a student loan borrower's account with an equal stage of delinquency, apply the partial payment in a way that satisfies as many individual loan payments as possible on a student loan borrower's account.
(b) Except as otherwise provided by federal law or regulation, the following requirements shall be applicable to a student loan servicer in the event of the sale, assignment, or other transfer of the servicing of a student education loan that results in a change in the identity of the student loan servicer to whom a student loan borrower is required to send payments or direct any communication concerning the student education loan:
  (1) (A) As a condition of a sale, an assignment, or any other transfer of the servicing of a student education loan, a student loan servicer shall require the new student loan servicer to honor all benefits originally represented as available to a student loan borrower during the repayment of the student education loan and preserve the availability of those benefits, including any benefits for which the student loan borrower has not yet qualified.
    (B) If a student loan servicer is not also the loan holder or is not acting on behalf of the loan holder, the student loan servicer satisfies the requirement established by this paragraph by providing the new student loan servicer with the information necessary for the new student loan servicer to honor all benefits originally represented as available to a student loan borrower during the repayment of the student education loan and preserve the availability of the benefits, including any benefits for which the student loan borrower has not yet qualified.
  (2) A student loan servicer shall transfer to the new student loan servicer for the student education loan all information regarding the student loan borrower, the account of the student loan borrower, and the student education loan of the student loan borrower. The information shall include the repayment status of the student loan borrower and any benefits associated with the student education loan of the borrower.
  (3) The student loan servicer shall complete the transfer of information required pursuant to paragraph (2) of this subsection within 45 calendar days after the sale, assignment, or other transfer of the servicing of the student education loan.
  (4) The transferring student loan servicer shall notify affected student loan borrowers of the sale, assignment, or other transfer of the servicing of the student education loan at least 7 days before the next payment on the loan is due, which notice shall include:
    (A) The identity of the new student loan servicer;
    (B) The effective date of the transfer of the student loan borrower's student education loan to the new student loan servicer;
    (C) The date on which the existing student loan servicer will no longer accept payments and whether and by when any action will need to be taken to update auto-debit payments; and
    (D) The contact information for the new student loan servicer, including phone number, email address, mailing address, and fax number.
(c) A student loan servicer who obtains the right to service a student education loan shall adopt policies and procedures to verify that the student loan servicer has received all information regarding the student loan borrower, the account of the student loan borrower, and the student education loan of the student loan borrower, including the repayment status of the student loan borrower and any benefits associated with the student education loan of the student loan borrower.
(d) A student loan servicer shall evaluate a student loan borrower for eligibility for an income-driven repayment program prior to placing the student loan borrower in forbearance or default if an income-driven repayment program is available to the student loan borrower.
D.C. Code § 31-1110 — DC Code / Title 31 / Chapter 11 / § 31-1110
§ 31-1110. Delinquency charges.
Status: in_force

A premium finance agreement may provide for the payment by the insured of a delinquency charge of $1 to a maximum of 5% of the delinquent installment which is in default for a period of 5 days or more.
D.C. Code § 31-4702 — DC Code / Title 31 / Chapter 47 / § 31-4702
§ 31-4702. Companies issuing both participating and nonparticipating policies.
Status: in_force

Every life company doing business in the District which issues both participating and nonparticipating policies shall keep the 2 classes of business separate and shall make, and include in the annual statement to be filed with the Commissioner each year, a separate statement of the gains, losses, and expenses properly attributable to each of such classes and also showing the manner in which any general outlay of expenses of the company has been apportioned to each. No such life company shall be permitted to do business in the District unless it makes such a separation of its business. This section shall not apply to paid-up, temporary, or pure endowment insurance issued or granted in exchange for lapsed or returned policies.
D.C. Code § 31-2602.31 — DC Code / Title 31 / Chapter 26 / § 31-2602.31
§ 31-2602.31. Severability.
Status: repealed

Repealed.
D.C. Code § 31-5104 — DC Code / Title 31 / Chapter 51 / § 31-5104
§ 31-5104. Limitations on amount.
Status: in_force

(a) The amount of credit life insurance shall not exceed the initial indebtedness however the indebtedness may be repayable; provided, however, that nothing contained herein shall be deemed to supersede or repeal the limitation on the amount of group insurance specified in § 31-4710(2)(D) [repealed]. In cases where an indebtedness is repayable in substantially equal installments, the amount of insurance shall at no time exceed the scheduled amount of unpaid indebtedness in the case of any individual policy or the actual amount of the unpaid indebtedness in the case of any group policy.
(b) The amount of indemnity payable by credit accident and health insurance in the event of disability, as defined in the policy, shall not exceed the aggregate of the periodic scheduled unpaid installments of indebtedness; and the amount of each periodic indemnity payment shall not exceed the original indebtedness divided by the number of periodic installments.
(c) Notwithstanding subsections (a) and (b) of this section, the amount of any credit life insurance or credit accident and health insurance with respect to indebtedness incurred to defray educational costs of a student may include the part of a commitment that has not been advanced by the creditor.
D.C. Code § 31-2231.25 — DC Code / Title 31 / Chapter 22A / § 31-2231.25
§ 31-2231.25. Regulations.
Status: in_force

The Commissioner may, in accordance with § 2-505 , promulgate reasonable rules, regulations, or orders as are necessary or appropriate to carry out and effectuate the provisions of this chapter.
D.C. Code § 31-4331 — DC Code / Title 31 / Chapter 43 / § 31-4331
§ 31-4331. Assessment companies prohibited.
Status: in_force

Any company which makes insurance or reinsurance the performance of which is not guaranteed by the reserves required by this subdivision, but is contingent upon the payment of assessments or calls made upon its members, shall not be formed, admitted, or licensed in the District.
D.C. Code § 31-3171.12 — DC Code / Title 31 / Chapter 31D / § 31-3171.12
§ 31-3171.12. Limitation of liability.
Status: in_force

There shall not be any liability, in a private capacity, on the part of the executive or advisory board members, or any officer, or employee of the executive or advisory board, for or on account of any act performed or obligation entered into in an official capacity when done in good faith, without intent to defraud, and in connection with the administration, management, or conduct of this chapter or affairs related to this chapter.
D.C. Code § 31-3311.05 — DC Code / Title 31 / Chapter 33A / § 31-3311.05
§ 31-3311.05. Commissioner’s authority to rescind approved rates.
Status: in_force

(a) The Commissioner may, at any time, require any insurer subject to this chapter to demonstrate that its rates and method for setting rates are in compliance with this chapter, notwithstanding that the filings then in effect had previously been approved. Any rates previously approved by the Commissioner, but subsequently disapproved under this chapter, shall be considered disapproved on a prospective basis only from the date of the notice of disapproval, unless the insurer made a material misrepresentation in its contract form or rate filings, in which case the rates shall be deemed disapproved on a retroactive basis.
(b) If, at any time subsequent to the approval of rates, the Commissioner finds that a filing does not meet the requirements of this chapter, the Commissioner shall issue an order to the insurer specifying why the filing fails to meet the requirements of this chapter, and, stating when, within a reasonable period thereafter, the filing shall be no longer effective. The order shall not affect any subscriber contract, group certificate, or other contract made or issued prior to the expiration of the period set forth in the order. The Commissioner may, prior to issuing the order and if requested by the insurer, hold a hearing upon not less than 10 business days’ written notice to the insurer specifying the matters to be considered at the hearing.
(c) For violations of this chapter, the Commissioner may order any relief which is appropriate, including disapproving a rate and awarding interest.
D.C. Code § 31-4437 — DC Code / Title 31 / Chapter 44 / § 31-4437
§ 31-4437. Reinsurance by domestic companies in authorized companies.
Status: repealed

Repealed.
D.C. Code § 31-3171.09a — DC Code / Title 31 / Chapter 31D / § 31-3171.09a
§ 31-3171.09a. Distribution of individual and small group health benefit plans.
Status: in_force

(a) A carrier that offers individual or small group health benefit plans shall offer such plans solely through the American Health Benefit Exchange, as established pursuant to § 31–3171.04(a) , subject to the following transition provisions:
  (1) Individual health benefit plans with plan years beginning on or after January 1, 2014, shall be offered solely through the American Health Benefit Exchange;
  (2) On or after January 1, 2014, small group health benefit plans offered to any small business that was not insured as of December 31, 2013, shall be offered and issued solely through the American Health Benefit Exchange;
  (3) Small group health benefit plans offered to or renewed by any small business that was insured as of December 31, 2013, may be issued or renewed during calendar year 2014 through existing distribution channels with the same carrier or a new carrier, except that such plans shall meet the qualifications for certification of a qualified health plan as provided in § 31-3171.09 ; and
  (4) Unless the Council acts by October 1, 2014 to change the date that all small group health plans shall be offered, issued, or renewed through the American Health Benefit Exchange, on or after January 1, 2015, all small group health benefit plans shall be offered and issued or renewed solely through the American Health Benefit Exchange.
(b) The requirements of this section shall not apply to grandfathered health plans as defined in section 1251 of the Federal Act.
D.C. Code § 31-4422 — DC Code / Title 31 / Chapter 44 / § 31-4422
§ 31-4422. Directors — Power to make bylaws.
Status: in_force

The directors of companies organized under this subdivision shall have power to make such bylaws as they deem proper for the management of the business affairs of such company, not inconsistent with the laws of the District and the Constitution of the United States, and prescribing the duties of officers, employees, and servants that may be employed, for the appointment or election of all officers, and for carrying on all kinds of business within the objects and purposes of such company.
D.C. Code § 31-4449 — DC Code / Title 31 / Chapter 44 / § 31-4449
§ 31-4449. Merger or consolidation — Approval by shareholders.
Status: in_force

(a) The plan of merger or of consolidation shall be approved by the affirmative vote of the holders of two thirds of the voting outstanding shares of each company unless 2 or more classes of shares have been issued for any of the companies.
(b) If the company has issued 2 or more classes of shares, the plan of merger or of consolidation shall be approved by the affirmative vote of at least two thirds of the voting outstanding shares of each class.
(c) For a mutual company, each member or policyholder entitled to vote shall have 1 vote, regardless of the amount of insurance or number of policies held by the individual.
D.C. Code § 31-4729 — DC Code / Title 31 / Chapter 47 / § 31-4729
§ 31-4729. Construction of §§ 31-4725 through 31-4730.
Status: in_force

Sections 31-4725   through 31-4730   shall not be construed to invalidate a law permitting the use of a policy form which has been filed for the period required by local legislation governing the forms of policies.
D.C. Code § 31-4716.01 — DC Code / Title 31 / Chapter 47 / § 31-4716.01
§ 31-4716.01. Exemption from legal process — Disability benefits.
Status: in_force

No money or other benefit paid, provided, allowed, or agreed to be paid by any company on account of the disability from injury or sickness of any insured person shall be liable to execution, attachment, garnishment, or other process, or to be seized, taken, appropriated or applied by any legal or equitable process or operation of law, to pay any debt or liability of such insured person whether such debt or liability was incurred before or after the commencement of such disability, but the provisions of this section shall not affect the assignability of any such disability benefit otherwise assignable, nor shall this section apply to any money income disability benefit in an action to recover for necessaries contracted for after the commencement of disability covered by the disability clause or contract allowing such money income benefit.
D.C. Code § 31-311.03 — DC Code / Title 31 / Chapter 3 / § 31-311.03
§ 31-311.03. Management’s report of internal control over financial reporting.
Status: in_force

(a) An insurer required to file an audited financial report pursuant to this chapter that has annual direct written and assumed premiums of at least $500 million, excluding premiums reinsured with the Federal Crop Insurance Corporation and Federal Flood Program, shall prepare a management’s report of the insurer’s or group of insurers’ internal control over financial reporting. The report shall be filed with the Mayor along with the communication of internal control related matters noted in an audit described in § 31-309 . A management’s report of internal control over financial reporting shall be made as of December 31 immediately preceding the date of the report.
(b) Notwithstanding subsection (a) of this section, the Mayor may require an insurer to file a management’s report of internal control over financial reporting if the insurer:
  (1) Is in any RBC level event as provided in Chapter 20 of this title [ § 31-2001 et seq.], and Chapter 34A of this title [ § 31-3451.01 et seq.]; or
  (2) Meets one or more of the standards of an insurer deemed to be in hazardous financial condition as provided in Chapter 21 of this title [ § 31-2101 et seq.].
(c) (1) An insurer or a group of insurers that is (A) directly subject to Section 404; (B) part of a holding company system whose parent is directly subject to Section 404; (C) not directly subject to Section 404, but is a SOX Compliant Entity; or (D) a member of a holding company system whose parent is not directly subject to Section 404 but is a SOX Compliant Entity, may file its, or its parent’s, Section 404 Report and an addendum that complies with the requirements of this section; provided, that those internal controls of the insurer or group of insurers having a material impact on the preparation of the insurer’s or group of insurers’ audited statutory financial statements were included in the scope of the Section 404 Report.
  (2) An addendum filed with a Section 404 Report shall be an affirmative statement by management that no material processes were excluded in the scope of the Section 404 Report. If there are internal controls of the insurer or group of insurers that have a material impact on the preparation of the insurer’s or group of insurers’ audited statutory financial statements that were not included in the scope of the Section 404 Report, the insurer or group of insurers shall file:
    (A) A report pursuant to this section; or
    (B) A Section 404 Report and a report pursuant to this section that addresses those internal controls not covered by the Section 404 Report.
(d) A management’s report of internal control over financial reporting shall include:
  (1) A statement that management is responsible for establishing and maintaining adequate internal control over financial reporting;
  (2) A statement that management has established internal control over financial reporting and an assertion as to whether, to the best of management’s knowledge and belief, after diligent inquiry, the internal control over financial reporting is effective to provide reasonable assurance regarding the reliability of financial statements prepared in accordance with statutory accounting principles;
  (3) A statement describing the framework or processes by which management evaluates the effectiveness of its internal control over financial reporting;
  (4) A statement describing the scope of work that is included and whether any internal controls were excluded;
  (5) (A) Disclosure of any unremediated material weaknesses in the internal control over financial reporting identified by management as of December 31 immediately preceding the date of the report.
    (B) Management shall not be permitted to conclude that the internal control over financial reporting is effective if there is one or more unremediated material weaknesses in its internal control over financial reporting;
  (6) A statement regarding the inherent limitations of internal control systems; and
  (7) Signatures of the chief executive officer and the chief financial officer, or the equivalents thereof.
(e) Management shall document and make available during the course of any financial condition examination the basis upon which its assertions offered pursuant to this section are made. Management may base its assertions, in part, on its review, monitoring, and testing of internal controls undertaken in the normal course of its activities.
(f) Management shall have discretion as to the nature of the internal control framework used, and the nature and extent of documentation, to make its assertions in a cost effective manner and, as such, may include assembly of or reference to existing documentation.
(g) A management’s report on internal control over financial reporting filed with the Mayor pursuant to this section, including any supporting documentation submitted in support thereof, shall be kept confidential.
D.C. Code § 31-4705.01 — DC Code / Title 31 / Chapter 47 / § 31-4705.01
§ 31-4705.01. Nonforfeiture benefits and cash surrender values.
Status: in_force

(a) This section shall apply only to policies of life insurance issued prior to the operative date of § 31-4705.02 (the standard nonforfeiture law).
(b) The nonforfeiture benefits referred to in paragraph (7) of subsection (a) of § 31-4703 shall be available to the insured in event of default in premium payments, after premiums shall have been paid for 3 years, and shall be a stipulated form of insurance, effective from the due date of the defaulted premium, the net value of which shall be at least equal to the reserve at the date of default on the policy and on dividend additions thereto, if any, exclusive of the reserve on account of return premium insurance and on total and permanent disability and additional accidental death benefits (the policy to specify the mortality table and rate of interest adopted for computing such reserve), less a specified percentage (not more than 2 1/2) of the amount insured by the policy and of existing dividend additions thereto, if any, and less any existing indebtedness to the company on or secured by the policy; provided, that a company may, in lieu of the provision herein permitted for the deduction from the reserve of a sum not more than 2 1/2% of the amount insured by the policy, and of any dividend additions thereto, insert in the policy a provision that one fifth of said reserve may be deducted, or may provide therein that a deduction may be made of said 2 1/2% or one fifth of said reserve, at the option of the company; provided further, that the policy may be surrendered to the company at its home office within 1 month of the due date of defaulted premium for a specified cash value at least equal to the sum which would otherwise be available for the purchase of insurance as aforesaid; and provided further, that the company may defer payment for not more than 6 months after the application therefor is made. A provision may also be inserted in the policy that in event of default in a premium payment before such benefit becomes available, the reserve on any dividend additions then in force may at the option of the company be paid in cash or applied as a net premium to the purchase of paid-up term insurance for any amount not in excess of the face of the original policy. This section shall not apply to term insurance of 20 years or less. The net single premium rate employed in computing the term of temporary insurance or the amount of pure endowment insurance granted as a nonforfeiture value under any life insurance policy may at the option of the company be based upon a table of mortality showing rates of mortality not greater than 130 per centum of those shown by the American Men Ultimate Table of Mortality instead of the table used in computing the reserve on the policy, or in case of substandard policies not greater than 130 per centum of the rates of mortality shown by the table of mortality approved by the Commissioner for computing the reserve on the policy, anything herein to the contrary notwithstanding.
D.C. Code § 31-5603.08 — DC Code / Title 31 / Chapter 56 / § 31-5603.08
§ 31-5603.08. Federal covered securities.
Status: in_force

(a) This section shall apply to a federal covered security that is not otherwise exempt from the requirements of § 31-5603.01 pursuant to § 31-5604.01 or § 31-5604.02 .
(b) A security that is a federal covered security under section 18(b)(2) of the Securities Act of 1933 may be offered for sale and sold into, from, or within the District upon:
  (1) (A) The filing with the Commissioner a copy of the registration statement filed by the issuer with the Securities and Exchange Commission under the Securities Act of 1933; or
    (B) In lieu of filing a copy of the registration statement, the filing of a notice as prescribed by the Commissioner by rule or order;
  (2) The filing of the consent to service of process required under § 31-5607.06 ; and
  (3) The payment of a filing fee in the amount established by rule, per class, or per series.
(c) (1) A notice filing under this section shall be effective for one year commencing upon the later of the date the notice or registration statement, as applicable, is received by the Commissioner or the date the offering is effective with the Securities and Exchange Commission. A notice filing may be renewed by filing, before the expiration of an effective notice filing, the documents and fees required by subsection (b) of this section. A renewal notice filing shall be effective upon the expiration of the previous notice filing.
  (2) A previously filed consent to service of process may be incorporated by reference in a renewal filing to the extent that the previously filed consent to service of process is currently accurate.
  (3) After the initial offer of the federal covered security in the District, all documents that are part of an amendment to a federal registration statement filed with the Securities and Exchange Commission under the Securities Act of 1933 shall be filed promptly with the Commissioner upon request. A notice filing may be terminated by an issuer upon notice to the Commissioner of such termination.
(d) The Commissioner may, by rule or order, require the issuer of a security that is a federal covered security under section 18(b)(4)(D) of the Securities Act of 1933 [15 U.S.C. § 77r] to:
  (1) File a notice on a Form D as adopted by the Securities and Exchange Commission;
  (2) File the consent to service of process required under § 31-5607.06 no later than 15 days after the first sale in the District of the federal covered security; and
  (3) Pay a filing fee in the amount established by rule.
(e) The Commissioner may, by rule or order, require the filing of a document filed with the Securities and Exchange Commission under the Securities Act of 1933 for a security that is a federal covered security under section 18(b)(3) or (4) of the Securities Act of 1933 [15 U.S.C. § 77r] and the payment of a filing fee in the amount established by rule.
(f) Except for a security covered by section 18(b)(1) of the Securities Act of 1933 [15 U.S.C. § 77r], the Commissioner may issue a stop order suspending the offer and sale of a federal covered security in the District if the Commissioner finds the order is in the public interest and there is a failure to comply with a requirement of this section. The Commissioner may, by rule or order, waive any or all of the provisions of this section.
D.C. Code § 31-5031.18 — DC Code / Title 31 / Chapter 50A / § 31-5031.18
§ 31-5031.18. Form filing.
Status: in_force

(a) (1) The Commissioner may require that all policy forms used by every company covering title risks in the District be filed with the Commissioner. The Commissioner shall have authority to disapprove, within 60 days after the date of the receipt of a filing, the use in the District of any policy form which is inequitable, or does not comply with District law.
  (2) If a policy form is not disapproved for use within the 60-day period described in paragraph (1) of this subsection, the Commissioner may not disapprove the form for use unless it does not comply with District law.
(b) Forms covered by this section shall include:
  (1) Title insurance policies, including standard form endorsements;
  (2) Title insurance commitments issued prior to the issuance of a title insurance policy; and
  (3) Closing protection letters.
(c) After notice and opportunity to be heard are given to the insurer or rate service organization which submitted a form for approval, the Commissioner may withdraw approval of the form on finding that the use of the form is contrary to the legal requirements applicable at the time of withdrawal. The effective date of withdrawal of approval shall not be less than 90 days after notice of withdrawal is given.
(d) An approved policy form or endorsement providing coverage for which no identifiable premium is assessed may be incorporated into every applicable title insurance policy. The insurer shall disclose any additional coverage to the insured. The provisions of this section shall not operate to eliminate any underwriting standard of conditions relating to the approved policy forms or endorsements.
(e) Any term or condition related to an insurance coverage provided by an approved title insurance policy or any exception to the coverage, except those ascertained from a search and examination of records relating to a title or inspection or survey of a property to be insured, shall only be included in the policy after the term, condition, or exception has been filed with the Commissioner and approved.
D.C. Code § 31-2361.09 — DC Code / Title 31 / Chapter 23R / § 31-2361.09
§ 31-2361.09. Payment to appraisers.
Status: in_force

(a) An appraisal management company shall, except in bona fide cases of breach of contract or substandard performance of services, make payment to an independent appraiser for the completion of an appraisal or valuation assignment no later than 45 days after the date on which the appraiser transmits or otherwise provides the completed appraisal or valuation assignment to the company or its assignee unless a mutually agreed-upon alternate arrangement previously has been established.
(b) An appraisal management company seeking to be registered or to renew an existing registration in the District shall certify that the company will require appraisals to be conducted independently as required by the appraisal independence standards under section 129E of the Truth in Lending Act, approved July 21, 2010 (124 Stat. 2187; 15 U.S.C. § 1639e), including the requirement that a customary and reasonable fee be paid to an independent appraiser who completes an appraisal in connection with a consumer credit transaction secured by a principal dwelling.
D.C. Code § 31-1318 — DC Code / Title 31 / Chapter 13 / § 31-1318
§ 31-1318. Dissolution of insurer.
Status: in_force

The Commissioner may petition for an order dissolving the corporate existence of a domestic insurer or the United States branch of an alien insurer domiciled in the District at the time he or she applies for a liquidation order. The court shall order dissolution of the corporation upon petition by the Commissioner upon or after the granting of a liquidation order. If the dissolution has not previously been ordered, it shall be effected by operation of law upon the discharge of the liquidator if the insurer is insolvent, but may be ordered by the court upon the discharge of the liquidator if the insurer is under a liquidation order for some other reason.
D.C. Code § 31-4721 — DC Code / Title 31 / Chapter 47 / § 31-4721
§ 31-4721. Acceptance and recordation of premiums on industrial life or sick-benefit policies.
Status: in_force

(a) No industrial insurance company or agent thereof shall accept any money in payment of premiums which are in arrears on any industrial life or industrial sick-benefit insurance policy which has lapsed and which the insured seeks to reinstate, unless such payment shall amount at least to the total of all premiums in arrears or unless such payment shall, under the regulations of the company, make the policy immediately eligible for reinstatement, subject only to evidence of insurability.
(b) Every current premium shall be correctly recorded by the agent or by the company in the premium receipt book of the insured at the time the premium is paid.
(c) Every advance premium paid by an industrial life or industrial sick-benefit policyholder shall be recorded in the receipt book of the insured in exactly the same manner as current premiums are recorded, and accurate entry thereof shall be made in the record book of the agent; provided, however, that failure so to do shall not invalidate the policy.
D.C. Code § 31-2952 — DC Code / Title 31 / Chapter 29 / § 31-2952
§ 31-2952. Coverage for prostate cancer screening.
Status: in_force

(a) Each individual and group health benefits plan issued or renewed in the District of Columbia shall provide coverage for prostate cancer screening in accordance with the latest screening guidelines issued by the National Comprehensive Cancer Network, to include no less than one prostate-specific antigen test and digital rectal exam per year.
(b) The coverage provided under this section shall not be more restrictive than or separate from coverage provided from 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 coinsurance factors, and benefit year maximum for deductibles and copayments and coinsurance factors.
(c) A health insurer shall not impose on an individual receiving benefits pursuant to this section any deductible, coinsurance, copayment, or other cost-sharing requirement, except to the extent that coverage without cost-sharing would disqualify the individual from a high deductible health benefit plan, as defined in 26 U.S.C. § 223(c)(2)), from eligibility for a health savings account pursuant to 26 U.S.C. § 223.
D.C. Code § 31-1131.07a — DC Code / Title 31 / Chapter 11A / § 31-1131.07a
§ 31-1131.07a. Term of license; renewal.
Status: in_force

(a) An initial individual insurance producer license issued after May 13, 2008, and the first renewal after May 13, 2008, of an individual insurance producer license initially issued before May 13, 2008, shall expire on the last day of the birth month of the producer that falls not less than 18 months and not more than 29 months after the effective date of the license.
(b) An initial business entity insurance producer license issued after May 13, 2008, and the first renewal after May 13, 2008, of a business entity insurance producer license initially issued before  May 13, 2008, shall expire on the May 31 that falls not less than 18 months and not more than 29 months after the effective date of the license.
(c) A renewal of an existing license shall expire 2 years after the expiration date of the license period; provided, that the first renewal after May 13, 2008, of a license initially issued before May 13, 2008, shall be governed by subsections (a) and (b) of this section.
(d) A person shall apply for or request renewal of a license on a form, or through such means, as may be prescribed by the Commissioner.
(e) The Commissioner shall renew an insurance producer license if:
  (1) The producer applies for or requests license renewal on the form, or through such means, prescribed by the Commissioner;
  (2) All fees prescribed by the Commissioner are paid;
  (3) If the producer is a resident insurance producer:
    (A) The continuing education requirements, if any, have been met;
    (B) The license is not subject to non-renewal under § 31-1131.12 ; and
    (C) The person has submitted a full set of fingerprints, if required by law or rule; and
  (4) If the producer is a nonresident producer, he or she continues to be licensed as a resident producer, in good standing, in his or her home state.
(f) An individual insurance producer who allows his or her license to lapse may, within one year after the expiration date of the license, reinstate the same license without the necessity of passing a written examination; provided, that the producer shall pay a penalty in the amount of twice the unpaid renewal fee.
(g) An insurance producer who is unable to comply with the license renewal procedures due to military service or some other extenuating circumstance may request a waiver of those procedures. The insurance producer may also request a waiver of any examination requirement or any other penalty or sanction imposed for failure to comply with renewal procedures.
D.C. Code § 31-3931.11 — DC Code / Title 31 / Chapter 39A / § 31-3931.11
§ 31-3931.11. Requirements for transacting business.
Status: in_force

(a) A captive insurer shall not transact business in the District unless the captive insurer and, if applicable, each protected cell of a captive insurer, first obtains a certificate of authority from the Commissioner.
(b) In determining whether to grant the approval required in subsection (a) of this section, the Commissioner shall consider:
  (1) The character, reputation, financial standing, and purposes of the incorporators or organizers;
  (2) The character, reputation, financial responsibility, experience relating to insurance, and business qualifications of the officers and directors (or equivalent managers if other than a corporation) of the captive insurer;
  (3) The competence of any person who, pursuant to a contract with the captive insurer, will manage the affairs of the captive insurer;
  (4) The competence, reputation, and experience of the legal counsel of the captive insurer relating to the regulation of insurance;
  (5) If the captive insurer is a rental captive insurer, the competence, reputation and experience of the underwriter of the captive insurer;
  (6) The strategic business plan of the insurer; and
  (7) Such other aspects of the captive insurer as the Commissioner considers advisable.
(c) A captive insurer shall:
  (1) Maintain an office in the District;
  (2) (A) Appoint a person in the District of Columbia, consistent with the requirements of § 31-202(b) , as the agent for service of process and to otherwise act on behalf of the captive insurer in the District.
    (B) If the registered agent cannot be located with reasonable diligence for the purpose of serving notice or demand on the captive insurer, the notice or demand may be served on the Commissioner, who shall be deemed to be the agent for the captive insurer;
  (3) Make adequate arrangements with a bank chartered in the District, or a branch of a bank located in the District if the bank is a member of the United States Federal Reserve System or its deposits are insured by the Federal Deposit Insurance Corporation;
  (4) Employ or enter into a contract with an individual or business organization to manage the affairs of the captive insurer, which individual or business organization shall meet the standards of competence and experience satisfactory to the Commissioner;
  (5) Employ or enter into a contract with a qualified, experienced, certified public accountant or a firm of certified public accountants, which accountant or firm shall meet the standards of competence and experience in matters concerning the regulation of insurance in the District, as determined by the Commissioner;
  (6) Employ or enter into a contract with qualified, experienced actuaries to perform reviews and evaluations of the operations of the captive insurer; and
  (7) Employ or enter into a contract with an attorney who is licensed to practice law in the District, which attorney shall meet the standards of competence and experience in matters concerning the regulation of insurance in the District, as determined by the Commissioner.
(d) The board of directors of a captive insurer shall meet at least one time each year in the District.
(e) Repealed.
(f) Notwithstanding subsection (a) of this section, a captive insurer that obtains a provisional certificate of authority may engage in limited activities as part of the initial organization and capitalization of the captive insurer.
D.C. Code § 31-3871 — DC Code / Title 31 / Chapter 38E / § 31-3871
§ 31-3871. Medically necessary foods.
Status: in_force

(a) A health benefits plan issued, renewed, extended, or modified in the District by a health insurer after December 31, 2022, shall provide coverage for the cost of medically necessary food ordered as necessary by a provider for the following diseases or conditions:
  (1) Inflammatory bowel disease, including Crohn's disease, ulcerative colitis, and indeterminate colitis;
  (2) Gastroesophageal reflux disease that is nonresponsive to standard medical therapies;
  (3) Immunoglobulin E- and non-Immunoglobulin E-mediated allergies to food proteins;
  (4) Food protein-induced enterocolitis syndrome;
  (5) Eosinophilic disorders, including eosinophilic esophagitis, eosinophilic gastroenteritis, eosinophilic colitis, and post-transplant eosinophilic disorders;
  (6) Impaired absorption of nutrients caused by disorders affecting the absorptive surface, functional length, and motility of the gastrointestinal tract, including short bowel syndrome and chronic intestinal pseudo-obstruction;
  (7) Malabsorption due to liver or pancreatic disease;
  (8) Inherited metabolic disorders; and
  (9) Any other diseases or conditions as determined by the Mayor through rulemaking.
(b) The coverage provided under this section shall not be more restrictive than or separate from 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 coinsurance factors, and benefit year maximum for deductibles and copayments and coinsurance factors.
(c) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 , may issue rules to implement the provisions of this chapter .
(d) For the purposes of this section, the term:
  (1) "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 include 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.
  (2) "Health insurer" means a 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 Department of Insurance, Securities, and Banking.
  (3) "Medically necessary food" means food, including a low-protein modified food product or an amino acid preparation product, a modified fat preparation product, or a nutritional formula that is specially formulated and processed for the partial or exclusive feeding of an individual by means of oral intake or enteral feeding by tube, and intended for dietary management of an individual who, because of therapeutic or chronic medical needs, has limited or impaired capacity to ingest, digest, absorb, or metabolize ordinary foodstuffs or certain nutrients or who has other specially medically determined nutrient requirements, the dietary management of which cannot be achieved by modification of the normal diet alone.
D.C. Code § 31-4451 — DC Code / Title 31 / Chapter 44 / § 31-4451
§ 31-4451. Articles of merger or consolidation.
Status: in_force

(a) Upon shareholder approval of the merger or consolidation, articles of merger or consolidation shall be executed in duplicate by the president of each company, attested by the secretary of each company, and the corporate seal of each company shall be stamped on the articles.
(b) The articles shall list the following:
  (1) The plan of merger or consolidation.
  (2) For each company, the number of members, policyholders, or shares outstanding and, if 2 or more classes of shares have been issued, the designation of each class and the number of shares outstanding in each class.
  (3) For each company, the number of members, policyholders, or shares voting for the plan and the number voting against the plan and, if 2 or more classes of shares have been issued, the number of shares of each class voting for the plan and the number voting against the plan.
(c) (1) The articles shall be filed with the Mayor.
  (2) The Mayor shall charge a fee for filing the articles.
  (3) If both the form of the articles and the fee payment comply with this section, then the Mayor shall perform the following:
    (A) State the date of the filing and the word “filed” on the duplicates.
    (B) Keep 1 of the duplicates.
    (C) Send to the new or surviving company both the other duplicate and a certificate of merger or consolidation.
D.C. Code § 31-2705 — DC Code / Title 31 / Chapter 27 / § 31-2705
§ 31-2705. Cooperative and concerted action authorized.
Status: in_force

(a) Subject to the provisions of this chapter, 2 or more companies may cooperate or act in concert with each other:
  (1) As a rating organization, for the purpose of making rates, rating plans, or rating systems. No company shall be deemed to be a rating organization;
  (2) As an advisory organization, for the purpose of preparing policy forms, making underwriting rules, surveys, or inspections incident to but not including the making of rates, rating plans, or rating systems, or collecting and furnishing to companies or rating organizations loss or expense statistics or other statistical data, and acting in an advisory as distinguished from a rate making capacity;
  (3) As a group or fleet of companies operating under the same general management and control, for the purpose of conducting a complete insurance service;
  (4) As a group, association, or other organization for the purpose of joint underwriting or joint reinsurance, or of equitable apportionment and proper rating of insurance which may be afforded applicants who are in good faith entitled to but who are unable to procure such insurance through ordinary methods.
(b) No company shall be required by this chapter to be a member or subscriber of any rating organization.
D.C. Code § 31-3903 — DC Code / Title 31 / Chapter 39 / § 31-3903
§ 31-3903. Authority to do business—application requirements.
Status: repealed

Repealed.
D.C. Code § 31-2502.30 — DC Code / Title 31 / Chapter 25 / § 31-2502.30
§ 31-2502.30. Powers of agents, salaried employees and brokers.
Status: repealed

Repealed.
D.C. Code § 31-633 — DC Code / Title 31 / Chapter 6A / § 31-633
§ 31-633. Confidentiality.
Status: in_force

(a) The Commissioner shall:
  (1) Treat and maintain applicants’ fingerprints and any criminal history record background information obtained under this chapter as confidential;
  (2) Apply security measures consistent with the Criminal Justice Information Services Division of the Federal Bureau of Investigation’s standards for the electronic storage of fingerprints and necessary identifying information; and
  (3) Limit the use of records solely for the purposes authorized by this chapter.
(b) For the purposes of this chapter, any such records shall:
  (1) Not be deemed to be a public record within the meaning of § 2-502(18) ;
  (2) Not be subject to disclosure, except pursuant to a subpoena issued by order of a court of competent jurisdiction;
  (3) Be kept confidential by law and privileged; and
  (4) Not be subject to discovery or admissible in any private civil action.
D.C. Code § 31-1325 — DC Code / Title 31 / Chapter 13 / § 31-1325
§ 31-1325. Fraudulent transfer after petition.
Status: in_force

(a) After a petition for rehabilitation or liquidation has been filed, a transfer of any of the real property of the insurer made to a person acting in good faith shall be valid against the receiver if made for a present fair equivalent value, or, if not made for a present fair equivalent value, then to the extent of the present consideration actually paid, for which amount the transferee shall have a lien on the property so transferred. The commencement of a proceeding in rehabilitation or liquidation shall be constructive notice upon the recording of a copy of the petition for or order of rehabilitation or liquidation with the recorder of deeds in the county where any real property in question is located. The exercise by a court of the United States or any state or jurisdiction to authorize or effect a judicial sale of real property of the insurer within any county in any state shall not be impaired by the pendency of such a proceeding unless the copy is recorded in the county prior to the consummation of the judicial sale.
(b) After a petition for rehabilitation or liquidation has been filed and before either the receiver takes possession of the property of the insurer or an order of rehabilitation or liquidation is granted:
  (1) A transfer of any of the property of the insurer, other than real property, made to a person acting in good faith shall be valid against the receiver if made for a present fair equivalent value, or, if not made for a present fair equivalent value, then to the extent of the present consideration actually paid, for which amount the transferee shall have a lien on the property so transferred.
  (2) A person indebted to the insurer or holding property of the insurer may, if acting in good faith, pay the indebtedness or deliver the property, or any part thereof, to the insurer or upon his or her order, with the same effect as if the petition were not pending.
  (3) A person having actual knowledge of the pending rehabilitation or liquidation shall be deemed not to act in good faith.
  (4) A person asserting the validity of a transfer under this section shall have the burden of proof. Except as elsewhere provided in this section, no transfer by or on behalf of the insurer after the date of the petition for liquidation by any person other than the liquidator shall be valid against the liquidator.
(c) Every person receiving any property from the insurer or any benefit thereof which is a fraudulent transfer under subsection (a) of this section shall be personally liable therefor and shall be bound to account to the liquidator.
(d) Nothing in this chapter shall impair the negotiability of currency or negotiable instruments.
D.C. Code § 31-2602.08 — DC Code / Title 31 / Chapter 26 / § 31-2602.08
§ 31-2602.08. Taxation of companies—Tax on underwriting profit—Computation of profit.
Status: repealed

Repealed.
D.C. Code § 31-2231.07 — DC Code / Title 31 / Chapter 22A / § 31-2231.07
§ 31-2231.07. Illegal dealing in premiums; excess charges for insurance.
Status: in_force

(a) Subject to the acceptance of the risk by the insurer, no person shall willfully collect a premium or charge for insurance which is not then provided, or is not in due course to be provided, by an insurance policy issued by an insurer.
(b) No person shall willfully collect as a premium or charge for insurance a sum in excess of the premium or charge specified in the policy and applicable to such insurance in accordance with the classifications and rates as filed with and approved by the Commissioner. In a case where the classifications, premiums, or rates are not required to be filed and approved, the premium or charge shall not be in excess of that specified in the policy and fixed by the insurer. This subsection shall not prohibit a reasonable fee or charge for insurance premium payment plans, regardless of the number of installment payments involved.
D.C. Code § 31-5306 — DC Code / Title 31 / Chapter 53 / § 31-5306
§ 31-5306. Waiver of laws.
Status: in_force

The laws of the society may provide that no subordinate body, nor any of its subordinate officers or members, shall have the power or authority to waive any of the provisions of the laws of the society. Such provision shall be binding on the society and every member and beneficiary of a member.
D.C. Code § 31-1131.19 — DC Code / Title 31 / Chapter 11A / § 31-1131.19
§ 31-1131.19. Transition.
Status: in_force

(a) A license to do business as an insurance agent or broker in the District issued prior to March 27, 2003, shall be valid.
(b) This chapter shall not apply to any action, prosecution, or proceeding which is pending or may be initiated on the basis of facts and circumstances occurring before March 27, 2003.
D.C. Code § 31-1344 — DC Code / Title 31 / Chapter 13 / § 31-1344
§ 31-1344. Termination of proceedings.
Status: in_force

(a) When all assets justifying the expense of collection and distribution have been collected and distributed under this chapter, the liquidator shall apply to the court for discharge. The court may grant the discharge and make any other orders, including an order to transfer any remaining funds that are uneconomic to distribute, deemed appropriate.
(b) Any other person may apply to the court at any time for an order under subsection (a) of this section. If the application is denied, the applicant shall pay the costs and expenses of the liquidator in resisting the application, including a reasonable attorney’s fee.
D.C. Code § 31-3171.09 — DC Code / Title 31 / Chapter 31D / § 31-3171.09
§ 31-3171.09. Health benefit plan certification.
Status: in_force

(a) To be certified as a qualified health plan, a health benefit plan shall, at a minimum:
  (1) Provide the essential health benefits package described in section 1302(a) of the Federal Act; except, that the plan is not required to provide essential benefits that duplicate the minimum benefits of qualified dental plans, as provided in subsection (e) of this section, if:
    (A) The Authority has determined that at least one qualified dental plan is available to supplement the plan’s coverage; and
    (B) The health carrier makes prominent disclosure at the time it offers the plan, in a form approved by the Authority, that the plan does not provide the full range of essential pediatric dental benefits and that qualified dental plans providing those benefits and other dental benefits not covered by the plan are offered through the exchanges;
  (2) Obtain prior approval of premium rates and contract language from the Commissioner;
  (3) Provide at least a bronze level of coverage, as determined by § 31-3171.04(a)(11) , unless the plan is certified as a qualified catastrophic plan, meets the requirements of section 1302(e) of the Federal Act, and will only be offered to individuals eligible for catastrophic coverage;
  (4) Ensure that the cost-sharing requirements of the plan do not exceed the limits established under section 1302(c)(1) of the Federal Act, and if the plan is offered through the SHOP Exchange, the plan’s deductible does not exceed the limits established under section 1302(c)(2) of the Federal Act;
  (5) Be offered by a health carrier that:
    (A) Is licensed and in good standing to offer health insurance coverage in the District;
    (B) (i) Offers at least one qualified health plan at the bronze level, at least one qualified health plan at the silver level, and at least one qualified health plan at the gold level through each component of the Authority in which the health carrier participates;
      (ii) For the purposes of this subparagraph, the term “component” refers to the SHOP Exchange and the exchange for individual coverage within the American Health Benefit Exchange;
    (C) Charges the same premium rate for each qualified health plan without regard to whether the plan is offered through the exchanges and without regard to whether the plan is offered directly from the health carrier or through an insurance producer;
    (D) Does not charge any cancellation fees or penalties in violation of § 31-3171.04(c) ;
    (E) Complies with the regulations established by the Secretary under section 1311(d) of the Federal Act and any other requirements as the Authority may establish;
    (F) Provides accurate attestations as required in the initial certification process;
    (G) Offers one or more standardized plans that meet the criteria developed by the executive board for the Authority, at each metal level in which the carrier is participating, in addition to other plans the carrier may offer; and
    (H) Offers plans subject to the meaningful difference standard, as defined in section 4(ii) of Chapter 1 of the Affordable Exchanges Guidance, dated March 1, 2013, by the Centers for Consumer Information and Insurance Oversight at the Centers for Medicare and Medicaid Services in the U.S. Department of Health and Human Services, or as may be defined by the executive board for the Authority;
  (6) Meet the requirements of certification pursuant to the authority provided in this chapter and by the Secretary under section 1311(c) of the Federal Act, and rules promulgated pursuant to this chapter or the Federal Act, which include:
    (A) Minimum standards in the areas of marketing practices;
    (B) Network adequacy;
    (C) Essential community providers in underserved areas;
    (D) Accreditation;
    (E) Quality improvement;
    (F) Uniform enrollment forms and descriptions of coverage; and
    (G) Information on quality measures for health benefit plan performance;
  (7) Be determined by the Authority that making the plan available through the exchanges is in the interest of qualified individuals and qualified employers;
  (8) Comply with section 512 of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, approved October 3, 2008 (Pub. L. No. 110-343; 122 Stat. 3881), as applied to the Federal Act, including covering behavioral health inpatient and outpatient services for mental health and substance use disorders without day or visit limitations;
  (9) Provide a drug formulary that includes, at a minimum, the greater of either the number of drugs listed in each category and class found in the District's base-benchmark plan formulary, or the minimum number of drugs, by category and class, as established by the Center for Consumer Information and Insurance Oversight in the Centers for Medicare and Medicaid Services at the U.S. Department of Health and Human Services; and
  (10) Provide benefits identical to the essential health benefits benchmark plan, as defined in federal regulations promulgated pursuant to section 1302(a) of the Federal Act, as defined by the District without benefit substitution.
(b) The Authority shall not withhold certification from a health benefit plan:
  (1) On the basis that the plan is a fee-for-service plan;
  (2) Through the imposition of premium price controls by the Authority;
  (3) On the basis that the health benefit plan provides treatments necessary to prevent patients’ deaths in circumstances the Authority determines are inappropriate or too costly; or
  (4) On the basis of the number of qualified health plans being offered.
(c) The Authority shall require each health carrier seeking certification of a plan as a qualified health plan to:
  (1) Submit a justification for any premium increase before implementation of that increase, and prominently post the information on its publically accessible website;
  (2) (A) Make available to the public, in the format described in subparagraph (B) of this paragraph, and submit to the Authority, the Secretary, and the Commissioner, accurate and timely disclosure of the following:
      (i) Claims payment policies and practices;
      (ii) Periodic financial disclosures;
      (iii) Data on enrollment;
      (iv) Data on disenrollment;
      (v) Data on the number of claims that are denied;
      (vi) Data on rating practices;
      (vii) Information on cost-sharing and payments with respect to any out-of-network coverage;
      (viii) Information on enrollee and participant rights under title I of the Federal Act; and
      (ix) Other information as determined appropriate by the Secretary.
    (B) The information required in subparagraph (A) of this paragraph shall be provided in plain language, as that term is defined in section 1311(e)(3)(B) of the Federal Act;
  (3) Permit individuals to learn, in a timely manner upon the request of the individual, the amount of cost-sharing, including deductibles, copayments, and coinsurance, under the individual’s plan or coverage that the individual would be responsible for paying with respect to the furnishing of a specific item or service by a participating provider and make this information available to the individual through a website that is publically accessible, and through other means for individuals without access to the Internet; and
  (4) Promptly notify affected individuals of price and benefit changes, or other changes in circumstances that could materially impact enrollment or coverage.
(d) The Authority shall not exempt any health carrier seeking certification as a qualified health plan, regardless of the type or size of the health carrier, from District licensure or solvency requirements, and shall apply the criteria of this section in a manner that assures a level playing field between or among health carriers participating in the exchanges.
(e) (1) The provisions of this chapter that are applicable to qualified health plans shall also apply, to the extent relevant, to qualified dental plans except as modified in accordance with the provisions of paragraphs (2), (3) and (4) of this subsection or by regulations adopted by the Authority.
  (2) The health carrier shall be licensed to offer dental coverage, but need not be licensed to offer other health benefits.
  (3) The plan shall be limited to dental and oral health benefits, without substantially duplicating the benefits typically offered by health benefit plans without dental coverage and shall include, at a minimum, the essential pediatric dental benefits prescribed by the Secretary pursuant to section 1302(b)(1)(J) of the Federal Act, and such other dental benefits as the Authority or the Secretary may specify by regulation.
  (4) Health carriers may jointly offer a comprehensive plan through the exchanges in which the dental benefits are provided by a health carrier through a qualified dental plan and the other benefits are provided by a health carrier through a qualified health plan; provided, that the plans are priced separately and are also made available for purchase separately at the same price.
(f) The Authority shall take the information required by subsection (c)(1) of this section, along with the information and the recommendations provided to the Authority by the Commissioner under section 2794(b) of the PHSA, into consideration when determining whether to allow the health carrier to make plans available through the exchanges.
(g) A qualified health plan may provide additional services that are not in the essential health benefits package required in subsection (a)(1) of this section, if the services are eligible for claims submission and reimbursement.
(h) For the purposes of the essential health benefits benchmark plan, as defined in federal regulations promulgated pursuant to section 1302(a) of the Federal Act, the term “habilitative services” includes health care services that help a person keep, learn, or improve skills and functioning for daily living, including applied behavioral analysis for the treatment of autism spectrum disorder.
D.C. Code § 31-2704 — DC Code / Title 31 / Chapter 27 / § 31-2704
§ 31-2704. Filing requirements of individual companies; adjustment of rates; removal of discriminations.
Status: in_force

(a) On and after July 1, 1948, every company shall file with the Commissioner, either directly or through a licensed rating organization of which it is a member or subscriber, except as to rates on inland marine risks which are not made by a rating organization and which by general custom of the business are not written according to manual rates or rating plans, all rates and rating plans, rules, and classifications which it uses or proposes to use in the District.
(b) Whenever it shall be made to appear to the Commissioner, either from his own information or from complaint of any party alleging to be aggrieved thereby, that there are reasonable grounds to believe that the rates on any or on all risks or classes of risks or kinds of insurance within the scope of this chapter are not in accordance with the terms of this chapter, it shall be his duty, and he shall have the full power and authority, to investigate the necessity for an adjustment of any or all such rates.
(c) (1) After an investigation of the rates, the Commissioner shall, before ordering an adjustment, hold a hearing upon not less than 10 days’ written notice specifying the matters to be considered at the hearing, to every company and rating organization which filed the rates; provided, that the Commissioner shall not be required to hold the hearing if he or she is advised by every such company and rating organization that they do not desire the hearing. The cost of the hearing shall be borne by the insurance company requesting the rate increase. If, after the hearing, the Commissioner determines that any or all of the rates are excessive or inadequate, he or she shall order an adjustment. Pending the investigation and order of the Commissioner, the rates shall be deemed to have been made in accordance with the terms of this chapter.
  (2) (A) An order of adjustment shall not affect any contract or policy made or issued prior to the effective date of the order unless:
      (i) The adjustment is substantial and exceeds the cost to the companies of making the adjustment; and
      (ii) The order is made after the prescribed investigation and hearing and within 30 days after the filing of rates affected, except as otherwise permitted by § 31-2703(f)(2) .
    (B) An order of adjustment shall not affect an existing contract or policy other than:
      (i) A medical malpractice, workmen’s compensation, or automobile liability insurance policy required by law, order, rule, or regulation of a public authority; or
      (ii) A contract or policy of any type as to which the rates are not, by general custom of the business or because of rarity and peculiar characteristics, written according to normal classification or rating procedure.
(d) In determining the necessity for an adjustment of rates, the Commissioner shall be bound by all of the provisions of § 31-2703 .
(e) The Commissioner is further empowered to investigate and to order removed at such time and in such manner as he shall specify any unfair discrimination existing between individual risks or classes of risks.
D.C. Code § 31-808 — DC Code / Title 31 / Chapter 8 / § 31-808
§ 31-808. Hearings.
Status: repealed

Repealed.
D.C. Code § 31-1502 — DC Code / Title 31 / Chapter 15 / § 31-1502
§ 31-1502. Licensure.
Status: in_force

(a) No person, firm, association, or corporation shall act in the capacity of a managing general agent with respect to risks located in the District for an insurer licensed in the District, unless the person is a licensed broker in the District.
(b) No person, firm, association, or corporation shall act in the capacity of a managing general agent representing an insurer domiciled in the District with respect to risks located outside the District, nor shall an insurer utilize the services of such a managing general agent, unless the person is licensed as a broker in the District, which license may be a nonresident license, pursuant to the provisions of this chapter.
(c) The Mayor may require a bond in an amount acceptable to him or her for the protection of the insurer.
(d) The Mayor may require the managing general agent to maintain an errors and omissions policy.
D.C. Code § 31-3303.05 — DC Code / Title 31 / Chapter 33 / § 31-3303.05
§ 31-3303.05. Coverage.
Status: in_force

If coverage to the small or large employer market pursuant to this subchapter ceases to be written, administered, or otherwise provided, such coverage shall continue to be governed by this subchapter with respect to business conducted under this subchapter that was transacted prior to the effective date of termination and that remains in force.
D.C. Code § 31-3861 — DC Code / Title 31 / Chapter 38D / § 31-3861
§ 31-3861. Definitions.
Status: in_force

(a) For the purposes of this chapter, the term:
  (1) “Health benefits plan” shall have the same meaning as provided in § 31-3131(4) .
  (2) “Health insurer” shall have the same meaning as provided in § 31-3131(5) .
  (2A) "Postpartum" means the time after delivery when maternal physiological changes related to pregnancy return to the nonpregnant state, which may last for as long as 12 months after delivery.
  (3) “Provider” shall have the same meaning as provided in § 31-3131(7) .
  (4) “Telehealth” means the delivery of healthcare services through the use of interactive audio, video, or other electronic media used for the purpose of diagnosis, consultation, or treatment; provided, that services delivered through email messages or facsimile transmissions are not included.
D.C. Code § 31-3932.02 — DC Code / Title 31 / Chapter 39A / § 31-3932.02
§ 31-3932.02. Definitions.
Status: in_force

In addition to the terms defined in § 31-3931.01 , for the purposes of this subchapter, the term:
(1) (A) “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.
  (B) Control shall be presumed to exist if a person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing 10% or more of the voting securities of another person, but this presumption may be rebutted by a showing that control does not exist.
  (C) The fact that an SPFC exclusively provides reinsurance to a ceding insurer under an SPFC contract shall not by itself constitute common control between the SPFC and the ceding insurer.
(2) “Counterparty” means the insurer that cedes risk to an SPFC and which, unless otherwise approved by the Commissioner, is the parent or an affiliated company of the SPFC.
(3) “Fair value” means:
  (A) As to cash, the amount of it; and
  (B) As to an asset other than cash:
    (i) The amount at which that asset could be bought or sold in a current transaction between arms-length, willing parties.
    (ii) The quoted mid-market price for the asset in active markets must be used if available.
    (iii) If a quoted mid-market price is not available, a value determined using the best information available considering values of similar assets and other valuation methods, such as present value of future cash flows, historical value of the same or similar assets, or comparison to values of other asset classes, the value of which have been historically related to the subject asset.
(4) “Insolvency” or “insolvent” means an inability to pay obligations when they are due, unless those obligations are the subject of a bona fide dispute.
(5) “Insurance securitization” means a package of related risk-transfer instruments, capital market offerings, and facilitating administrative agreements by which proceeds are obtained by an SPFC directly or indirectly through the issuance of securities, and which proceeds are held in trust pursuant to the provisions of this subchapter to secure the obligations of the SPFC under one or more SPFC contracts with a counterparty, where investment risk to the holders of these securities is contingent upon the obligations of the SPFC to the counterparty under the SPFC contract in accordance with the terms of the transaction.
(6) “Management” means the board of directors, managing board, or other individuals vested with overall responsibility for the management of the affairs of an SPFC, including the election and appointment of officers or other of those agents to act on behalf of the SPFC.
(7) “Organizational document” means the articles of incorporation, articles of organization, bylaws, operating agreement, or other foundational documents that establish an SPFC as a legal entity.
(8) “Permitted investments” means those investments that meet the qualifications set forth in § 31-3932.07 .
(9) “Qualified United States financial institution” means a financial institution that is eligible to act as a fiduciary of a trust and is:
  (A) Organized or, in the case of a United States branch or agency office of a foreign banking organization, is licensed under the laws of the United States, any state of the United States, or the District of Columbia; and
  (B) Regulated, supervised, and examined by federal or state authorities having regulatory authority over banks and trust companies.
(10) “Securities” has the same meaning as the term “security” in § 31-5601.01(31) .
(11) “SPFC” or “Special Purpose Financial Captive” means a captive insurer that is formed for the purpose of an insurance securitization and that only insures or reinsures the risks of its counterparty.
(12) “SPFC contract” means a contract between an SPFC and the counterparty pursuant to which the SPFC agrees to provide insurance or reinsurance protection to the counterparty for risks associated with the counterparty’s insurance or reinsurance business.
(13) “SPFC securities” means securities issued by an SPFC.
(14) “Surplus note” means an unsecured subordinated debt obligation possessing characteristics consistent with paragraph 3 of the Statement of Statutory Accounting Principles No. 41, as amended, National Association of Insurance Commissioners.
D.C. Code § 31-5326 — DC Code / Title 31 / Chapter 53 / § 31-5326
§ 31-5326. Foreign or alien society; admission.
Status: in_force

No foreign or alien society shall transact business in the District without a certificate of authority issued by the Commissioner in accordance with §§ 31-4501 and 31-4502 and § 31-2502.21 .
D.C. Code § 31-6104 — DC Code / Title 31 / Chapter 61 / § 31-6104
§ 31-6104. Prohibited policy provisions.
Status: repealed

Repealed.
D.C. Code § 31-5031.08 — DC Code / Title 31 / Chapter 50A / § 31-5031.08
§ 31-5031.08. Reserves.
Status: in_force

(a) In determining the financial condition of a title insurer doing business under this chapter, the general provisions of the acts relating to insurance which are codified in this title requiring the establishment of reserves sufficient to cover all known and unknown liabilities, including allocated and unallocated loss adjustment expense, shall apply; provided, that a domestic title insurer shall establish and maintain:
  (1) A known claim reserve in an amount estimated to be sufficient to cover all unpaid losses, claims, and allocated loss adjustment expenses arising under title insurance policies, guaranteed certificates of title, guaranteed searches, and guaranteed abstracts of title, and all unpaid losses, claims, and allocated loss adjustment expenses for which the title insurer may be liable, and for which the insurer has received notice by or on behalf of the insured, holder of a guarantee or escrow, or indemnity depositor; and
  (2) A statutory or unearned premium reserve consisting of:
    (A) The amount of statutory or unearned premium reserve required by the laws of the domiciliary state of the insurer if the insurer is a foreign or non-U.S. title insurer; or
    (B) If the insurer is a domestic insurer of the District of Columbia:
      (i) The amount of the statutory or unearned premium or reinsurance reserve on January 1, 2011, which balance shall be released in accordance with the law in effect at the time such sums were added to the reserve; and
      (ii) Out of total charges for policies of title insurance written or assumed commencing with January 1, 2011, and until December 31, 2011, a title insurer shall add to, and set aside in, the reserve an amount equal to 8% of the sum of the following items set forth in the title insurer’s most recent annual statement on file with the Commissioner:
        (I) Direct premiums written;
        (II) Escrow and settlement service fees;
        (III) Other title fees and service charges, including fees for closing protection letters; and
        (IV) Premiums for reinsurance assumed, less premiums for reinsurance ceded during year.
(b) Additions to the reserve after January 1, 2011, shall be, made out of total charges for title insurance policies and guarantees written, equal to the sum of the following items, as set forth in the title insurer’s most recent annual statement on file with the Commissioner:
  (1) For each title insurance policy on a single risk written or assumed after January 1, 2011, $0.36 per $1,000 of net retained liability for policies under $500,000 and $0.16 per $1,000 of net retained liability for policies of $500,000 or greater; and
  (2) Eight percent of escrow, settlement, and closing fees collected in contemplation of the issuance of title insurance policies or guarantees.
(c) The aggregate of the amounts set aside in the reserve in any calendar year pursuant to subsections (a)(2)(B)(ii) and (b) of this section shall be released from the reserve and restored to net profits over a period of 20 years pursuant to the following formula:
  (1) Thirty-five percent of the aggregate sum on July 1 of the year next succeeding the year of addition;
  (2) Fifteen percent of the aggregate sum on July 1 of each of the succeeding 2 years;
  (3) Ten percent of the aggregate sum on July 1 of the next succeeding year;
  (4) Three percent of the aggregate sum on July 1 of each of the next 3 succeeding years;
  (5) Two percent of the aggregate sum on July 1 of each of the next 3 succeeding years; and
  (6) One percent of the aggregate sum on July 1 of each of the next succeeding 10 years.
(d) A supplemental reserve shall be established consisting of any other reserves necessary, when taken in combination with the reserves required by this section, to cover the company’s liabilities with respect to all losses, claims, and loss-adjusted expenses.
(e) A title insurer subject to the provisions of this chapter shall file with its annual statement required under Chapter 19 of this title [ § 31-1901 et seq.], a certification by a member in good standing of the American Academy of Actuaries. The actuarial certification required of a title insurer shall conform to the National Association of Insurance Commissioners’ annual statement instructions for title insurers.
D.C. Code § 31-5234 — DC Code / Title 31 / Chapter 52A / § 31-5234
§ 31-5234. Aggregate limitations on Premium Tax Credits; Premium Tax Credit Allocation Requests.
Status: in_force

(a) The aggregate amount of Premium Tax Credits that shall be allowed for all Certified Investors under this chapter shall not exceed $50 million. No Certified Capital Company, on an aggregate basis with its Affiliates, shall file Premium Tax Credit Allocation Requests in excess of the maximum amount of Premium Tax Credits which may be allowed.
(b) A Premium Tax Credit Allocation Request shall be made by a Certified Investor on a form provided by the Commissioner and filed with the Commissioner by a Certified Capital Company on behalf of the Certified Investor. The form shall include the affidavit of the Certified Investor pursuant to which the Certified Investor shall irrevocably commit to invest Certified Capital in the Certified Capital Company in the amount of the Premium Tax Credit allocated to it (even if the amount is less than the amount of the Premium Tax Credit Allocation Request). The maximum amount of Premium Tax Credit Allocation Requests which shall be allowed to be filed by any one Certified Investor, on an aggregate basis with its Affiliates, in one or more Certified Capital Companies, shall not exceed the greater of $10 million or 15% of the aggregate limitation as provided in subsection (a) of this section.
(c) Premium Tax Credits shall be allocated to Certified Investors in Certified Capital Companies in the order that Premium Tax Credit Allocation Requests are filed with the Commissioner by the Certified Capital Companies on their behalf. The Premium Tax Credit Allocation Requests may be filed on or after March 10, 2004, and the filings made before such date shall be considered to have been received by the Commissioner on such date. All filings made on the same day shall be treated as having been made contemporaneously. The deadline for submitting Premium Tax Credit Allocation Requests shall be the first business day which occurs 90 days after the date on which the Commissioner will begin accepting applications for certification as a Certified Capital Company pursuant to § 31-5232 .
(d) (1) If 2 or more Certified Capital Companies file Premium Tax Credit Allocation Requests with the Commissioner on behalf of their respective Certified Investors on the same day, and the amount of the Premium Tax Credit Allocation Requests exceeds in the aggregate the limit of available Premium Tax Credits under subsection (a) of this section, Premium Tax Credits shall be allocated among the Certified Investors on a pro rata basis. The pro rata allocation for any one Certified Investor shall be the product of a fraction, the numerator of which is the amount in the Premium Tax Credit Allocation Request filed on behalf of the Certified Investor and the denominator of which is the total of the amounts in all Premium Tax Credit Allocation Requests filed on behalf of all Certified Investors, multiplied by the aggregate limitation as provided in subsection (a) of this section.
  (2) No allocation shall be made to the Certified Investors of a Certified Capital Company unless the Certified Capital Company has filed Premium Tax Credit Allocation Requests that are not less than 15% of the Premium Tax Credits available under subsection (a) of this section; provided, that if the allocation process does not result in all Premium Tax Credit Allocation Requests having been filled, the 15% minimum shall be reduced to 10% and then 5% until the aggregate of Premium Tax Credits provided in subsection (a) of this section have been allocated or all Premium Tax Credit Allocation Requests have been filled.
(e) Within 5 business days after the Commissioner receives a Premium Tax Credit Allocation Request filed by a Certified Capital Company, the Commissioner shall notify the Certified Capital Company of the amount of Premium Tax Credits allocated to each of the Certified Investors in the Certified Capital Company.
(f) At the time of receipt of Certified Capital from Certified Investors, the total cash, cash equivalents, or other assets readily available to the Certified Capital Company to make Certified Investments after deducting the costs and expenses of forming and syndicating the Certified Capital Company shall be an amount equal to or greater than 50% of the total Premium Tax Credit allocated to the Certified Investors under subsection (e) of this section.
(g) If a Certified Capital Company does not receive from a Certified Investor an investment of Certified Capital equaling or exceeding the amount of Premium Tax Credits allocated to the Certified Investor within 5 business days of the Certified Capital Company’s receipt of notice of the allocation, the Premium Tax Credits allocated to the Certified Investor shall be forfeited, and the Commissioner, within 5 business days, shall reallocate the Premium Tax Credits among the other Certified Investors in all Certified Capital Companies on a pro rata basis with respect to the Premium Tax Credit Allocation Requests filed.
D.C. Code § 31-4704 — DC Code / Title 31 / Chapter 47 / § 31-4704
§ 31-4704. Life policies — Prohibited provisions.
Status: in_force

No policy of life insurance other than industrial insurance, annuities, and pure endowments, with or without return of premiums or of premiums and interest, shall be issued or delivered in the District or be issued by a life company organized under the laws of the District after the 1st day of January 1935 if it contains any of the following provisions:
(1) A provision limiting the time within which any action at law or in equity may be commenced to less than 3 years after the cause of action shall accrue;
(2) A provision by which the policy shall purport to be issued or take effect more than 6 months before the original application for the insurance was made;
(3) Except for provisions relating to misstatement of age, suicide, aviation, and military or naval service in time of war, a provision for any mode of settlement at maturity, after the expiration of the contestable period of the policy, of less value than the amount insured on the face of the policy plus dividend additions, if any, less any indebtedness to the company on or secured by the policy, and less any premium that may, by the terms of the policy, be deducted. This paragraph shall not apply to any nonforfeiture provision;
(4) A provision for forfeiture of the policy for failure to repay any loan on the policy, or to pay interest on such loan, while the total indebtedness on the policy, including interest, is less than the loan value thereof;
(5) A provision to the effect that the agent soliciting the insurance is the agent of the person insured under said policy, or making the acts or representations of such agent binding upon the person so insured under said policy;
(6) A provision permitting the payment of funeral benefits in merchandise or services, or permitting the payment of any benefits other than in lawful money of the United States; or
(7) A provision permitting either contracting to pay, or the payment of, funeral, burial, and other expenses to any designated undertaker or undertaking establishment, or to any particular tradesman or business man, so as to deprive the persons entitled by law to dispose of the body of a deceased, or in any way to control such persons in procuring and purchasing said supplies and services in the open market with the advantage of competition.
D.C. Code § 31-2231.20a — DC Code / Title 31 / Chapter 22A / § 31-2231.20a
§ 31-2231.20a. Prohibition on offsetting short-term disability benefits.
Status: in_force

(a) No insurer may offset or reduce benefits or income available to an individual under a temporary or short-term disability insurance policy based on estimated or actual benefits the individual may or does receive under the subchapter IV of Chapter 5 of Title 32 .
(b) Subsection (a) of this section shall not apply to the actions of a self-insured employer or to the actions of an insurer to the extent the insurer is acting on behalf of a self-insured employer as a third-party administrator for the self-insured employer.
(c) For the purposes of this section, the term "self-insured employer" shall have the same meaning as provided in § 32-541.01(19A) .
D.C. Code § 31-3931.13 — DC Code / Title 31 / Chapter 39A / § 31-3931.13
§ 31-3931.13. Annual report.
Status: in_force

(a) (1) On or before March 2 of each year, a captive insurer, including, if applicable, each protected cell, shall submit to the Commissioner, on a form prescribed by the Commissioner, a report of its financial condition, as prepared by a certified public accountant. A captive insurer shall file a consolidated report on behalf of each of its protected cells.
  (2) A captive insurer, including, if applicable, each protected cell, shall use generally accepted accounting principles and include any useful or necessary modifications or adaptations of these principles that have been approved or accepted by the Commissioner for the type of insurance and kinds of insurers to be reported upon, as supplemented by additional information required by the Commissioner.
(b) A pure captive insurer may apply, in writing, for authorization to file its annual report based on a fiscal year that is consistent with the fiscal year of the parent company of the pure captive insurer. If an alternative date is granted:
  (1) The annual report shall be due not later than 60 days after the end of each fiscal year; and
  (2) The pure captive insurer shall file on or before March 2 of each year such forms as required by the Commissioner by regulation to provide sufficient detail to support its premium tax return filed pursuant to § 31-3931.12 .
(c) All risk retention groups licensed as captive insurers shall comply with Chapter 3 of this title [ § 31-301 et seq.], except that the exemption in § 31-314(a) shall not apply to risk retention groups. All risk retention groups licensed as captive insurers shall comply with the actuarial opinion filing requirements set forth in §§ 31-2502.26a and 31-2502.26b .
D.C. Code § 31-333 — DC Code / Title 31 / Chapter 3A / § 31-333
§ 31-333. Disclosure requirement.
Status: in_force

(a) (1) By June 1 of each year, an insurer, or the insurance group of which the insurer is a member, shall submit to the Commissioner a Corporate Governance Annual Disclosure that contains the information required by this chapter , or rules issued pursuant to this chapter ; except, that  if the insurer is a member of an insurance group operating in the District for which the Department of Insurance, Securities, and Banking is not the group's primary regulator the insurer shall submit the Corporate Governance Annual Disclosure to the commissioner of the lead state for the insurance group in accordance with the laws of the lead state, as outlined in the most recent edition of the NAIC Financial Analysis Handbook.
  (2) An insurer not required to submit a Corporate Governance Annual Disclosure to the Commissioner under this subsection shall provide a copy of the insurer's Corporate Governance Annual Disclosure to the Commissioner upon the Commissioner's request.
(b) The Corporate Governance Annual Disclosure shall include a signature of the insurer or insurance group's chief executive officer or corporate secretary attesting, to the best of that individual's belief and knowledge, that the insurer has implemented the corporate governance practices described in the Corporate Governance Annual Disclosure and that a copy of the Corporate Governance Annual Disclosure has been provided to the insurer's board of directors or the appropriate committee of the insurer's board of directors.
(c) For purposes of completing the Corporate Governance Annual Disclosure, the insurer or insurance group may provide information regarding corporate governance at the ultimate controlling parent level, an intermediate holding company level, or the individual legal entity level depending upon how the insurer or insurance group has structured its system of corporate governance.
D.C. Code § 31-6207 — DC Code / Title 31 / Chapter 62 / § 31-6207
§ 31-6207. Examination of records; required reports.
Status: repealed

Repealed.
D.C. Code § 31-106.02 — DC Code / Title 31 / Chapter 1 / § 31-106.02
§ 31-106.02. Student loan servicer; licensure and reporting requirements.
Status: in_force

(a) Except as provided in subsection (b) of this section, no person or entity shall operate as a student loan servicer in the District, directly or indirectly, without first obtaining a SLS license pursuant to this section.
(b) The following persons and entities shall be exempt from the requirements of subsection (a) of this section:
  (1) A bank, trust company, or other loan company doing business under the authority of, or in accordance with, a license, certificate, or charter issued by the United States or any state, district, territory, or commonwealth of the United States that is authorized to transact business in the District;
  (2) A federally chartered savings and loan association, federal savings bank, or federal credit union that is authorized to transact business in the District;
  (3) A savings and loan association, savings bank, or credit union organized under the laws of the District or any other state that is authorized to transact business in the District; or
  (4) A public postsecondary educational institution or a private nonprofit postsecondary educational institution servicing a student loan it extended to a student loan borrower.
(c) (1) Except as provided in subsection (b) of this section, a person or entity seeking to operate as a student loan servicer in the District shall apply for a SLS license by submitting to the Department:
    (A) A completed application, in a form and manner prescribed by the Commissioner, that is signed under penalty of perjury;
    (B) Application fees, investigation fees, and other fees as prescribed by the Commissioner;
    (C) Three years of audited financial statements prepared in accordance with generally accepted accounting principles and acceptable to the Department that show a net worth of at least $250,000;
    (D) A surety bond in an amount determined by the Mayor to be used for the recovery of damages incurred by a student loan borrower as the result of a licensee's noncompliance with the requirements of this subchapter or the recovery of fees or expenses levied against a licensee pursuant to this subchapter ; and
    (E) Any other information the Commissioner considers necessary and appropriate as prescribed by rules issued pursuant to § 31-106.03 .
  (2) An applicant shall notify the Department in writing of any change in the information provided in the applicant's application for an initial SLS license or a renewal within 10 business days of the change having occurred. The failure to timely notify the Department of a change in the accuracy of the application may result in the denial of the application.
  (3) The Commissioner shall automatically issue a limited, irrevocable license to a person or entity servicing a student education loan under contract with the United States Department of Education provided that:
    (A) (i) , A person or entity seeking to act within the District of Columbia as a student loan servicer is exempt from the application procedures established pursuant to this subsection, other than the requirements of paragraphs (1)(B) and (1)(D) of this subsection, to the extent that the student loan servicing performed is conducted pursuant to a contract awarded by the United States Secretary of Education under 20 U.S.C. § 1087f.
      (ii) The Commissioner shall prescribe the procedure to document eligibility for the exemption and maintain records documenting each person and entity issued a license pursuant to this paragraph.
    (B) A person or entity meeting the criteria set forth in subparagraph (A) of this paragraph shall be issued a license by the Commissioner for the student loan servicing of student education loans under contract with the United States Department of Education and shall be deemed by the Commissioner to have met all the requirements established by subparagraphs (1)(A) and (C) of this subsection.
    (C) The provisions of subsection (h) of this section shall not apply to a person or entity issued a limited license pursuant to this section to the extent that the person or entity is servicing a federal student education loan.
    (D) (i) A person or entity issued a license pursuant to this section shall provide the Commissioner with written notice within 7 days following the notification of the expiration, revocation, or termination of any contract awarded by the United States Secretary of Education under 20 U.S.C § 1087f ("written notice").
      (ii) After providing the written notice required by sub-subparagraph (i) of this subparagraph, the person or entity shall have 30 days to satisfy all the requirements established under this section in order to continue to act within the District of Columbia as a student loan servicer for federal student education loans.
      (iii) At the expiration of the 30-day period provided in sub-subparagraph (ii) of this subparagraph, if the person or entity has not satisfied the requirements established pursuant to this section, the Commissioner shall immediately suspend any license granted under this section.
    (E) In the case of student loan servicing that is not conducted pursuant to a contract awarded by the United States Secretary of Education under 20 U.S.C. § 1087f, nothing in this section shall prevent the Commissioner from issuing an order to temporarily or permanently prohibit a person or entity from acting as a student loan servicer.
    (F) In the case of student loan servicing conducted pursuant to a contract awarded by the United States Secretary of Education under 20 U.S.C § 1087f, nothing in this section shall prevent the Commissioner from issuing a cease-and-desist order or an injunction against a student loan servicer to cease activities in violation of this subchapter or Chapter 39 of Title 28 .
(d) The Commissioner shall issue a SLS license if the application meets all the requirements for licensure prescribed this subchapter and by the Commissioner by rule.
(e) (1) (A) A SLS license issued pursuant to this section before November 1 of a given year shall expire on December 31 of that same year, unless renewed or earlier surrendered, suspended, or revoked.
    (B) A SLS license issued pursuant to this section on or after November 1 of a given year shall expire on December 31 of the following year, unless renewed or earlier surrendered, suspended, or revoked.
  (2) No later than 15 days after a licensee ceases to engage in the business of being a student loan servicer, the licensee shall surrender the SLS license to the Commissioner, along with a signed notice of the surrender.
  (3) The signed notice of surrender shall provide the:
    (A) Location where the records of the licensee will be stored;
    (B) Name, address, and telephone number of an individual authorized to provide access to the records; and
    (C) Reason for the cessation of business.
(f) The surrender of a SLS license does not toll or eliminate a licensee's civil or criminal liability arising from acts or omissions occurring before the surrender of the SLS license, including any administrative actions undertaken by the Commissioner to revoke or suspend the SLS license.
(g) (1) (A) A SLS license may be renewed for a term prescribed by the Commissioner upon the timely filing of an application, along with all required documents and the payment of fees, as required by this section, or rules issued pursuant to this section.
    (B) If an application for a renewal of a SLS license has been filed with the Department on or before the date the current SLS license expires, the current SLS license shall continue in full force and effect until the Commissioner issues a renewal or notifies the licensee in writing that the licensee's application for renewal has been denied, including the grounds for the denial.
    (C) Except as provided under subsection (c)(3) of this section, the Commissioner may deny an application for renewal of a SLS license on any ground that the Commissioner may deny an application for an initial SLS license.
  (2) A SLS license shall not be transferable or assignable.
(h) (1) The Commissioner may revoke any license issued pursuant to this subchapter if, after notice and a hearing, the Commissioner finds that the licensee has:
    (A) Committed any fraudulent acts, engaged in any dishonest activities, or made any misrepresentation in any business transaction;
    (B) Been convicted of a felony under the laws of the District of Columbia, any state, or the United States;
    (C) Violated any applicable banking laws of the District of Columbia, or any rules or regulations issued pursuant to any of those laws, or has violated any other law in the course of dealings as a licensee;
    (D) Made a material misstatement in the application for a license under this subchapter ;
    (E) Demonstrated incompetency or untrustworthiness to act as a licensee;
    (F) Violated any provision of this subchapter or of any implementing regulation; or
    (G) Failed to satisfy any of the criteria for obtaining a license as set out in this subchapter .
  (2) Whenever the Commissioner revokes a license issued pursuant to this subchapter , the Commissioner shall issue a written order setting forth the grounds for revocation, with a copy to be served on the licensee either personally or by mail to the last known address of the licensee.
(i) Pending the hearing required by subsection (h) of this section, the Commissioner may suspend the license for a period not to exceed 30 days if the Commissioner determines that the  suspension is in the public interest and that one or more grounds for revocation of a license, as set forth in subsection (h) of this section, exist. Whenever the Commissioner suspends a license pursuant to this subsection, the Commissioner shall issue a written notice to the licensee setting forth, with particularity, the grounds for suspension and the licensee's right to a hearing, with a copy to be served on the licensee either personally or by mail to the last known address of the licensee.
(j) (1) Beginning January 30, 2018, and by January 30th, each year thereafter, a licensee shall file an annual report with the Commissioner, which shall include the number of loans that were sold, assigned, or transferred in the preceding calendar year and any other information that the Commissioner reasonably requires concerning the business operations conducted by the licensee during the preceding calendar year.
  (2) The Department shall provide a copy of each report to the Mayor and the Council and make the reports available to the public by publishing them on the Department's website.
(k) In a format prescribed by the Commissioner, a licensee shall maintain the contact information for the Department and the Ombudsman, as defined in § 31-101(6B) , on the licensee's website.
D.C. Code § 31-2013 — DC Code / Title 31 / Chapter 20 / § 31-2013
§ 31-2013. Phase-in provision.
Status: in_force

(a) For RBC Reports required to be filed by life insurers with respect to 1993, the following requirements shall apply in lieu of the provisions of §§ 31-2003 , 31-2004 , 31-2005 , and 31-2006 :
  (1) In the event of a Company Action Level Event with respect to a domestic insurer, the Commissioner shall take no regulatory action hereunder.
  (2) In the event of an Regulatory Action Level Event under § 31-2004(a)(1) , (2), or (3), the Commissioner shall take the actions required under § 31-2003 .
  (3) In the event of an Regulatory Action Level Event under § 31-2004(a)(4) , (5), (6), (7), (8), or (9) or an Authorized Control Level Event, the Commissioner shall take the actions required under § 31-2004 with respect to the insurer.
  (4) In the event of a Mandatory Control Level Event with respect to an insurer, the Commissioner shall take the actions required under § 31-2005 with respect to the insurer.
(b) For RBC Reports required to be filed by property and casualty insurers with respect to 1994, the following requirements shall apply in lieu of the provisions of §§ 31-2003 , 31-2004 , 31-2005 , and 31-2006 :
  (1) In the event of a Company Action Level Event with respect to a domestic insurer, the Commissioner shall take no regulatory action hereunder.
  (2) In the event of an Regulatory Action Level Event under § 31-2004(a)(1) , (2), or (3) the Commissioner shall take the actions required under § 31-2003 .
  (3) In the event of an Regulatory Action Level Event under § 31-2004(a)(4) , (5), (6), (7), (8), or (9) or an Authorized Control Level Event, the Commissioner shall take the actions required under § 31-2004 with respect to the insurer.
  (4) In the event of a Mandatory Control Level Event with respect to an insurer, the Commissioner shall take the actions required under § 31-2005 with respect to the insurer.
D.C. Code § 31-2502.34 — DC Code / Title 31 / Chapter 25 / § 31-2502.34
§ 31-2502.34. Temporary transfer of licenses.
Status: repealed

Repealed.
D.C. Code § 31-710 — DC Code / Title 31 / Chapter 7 / § 31-710
§ 31-710. Sanctions.
Status: in_force

(a) (1) Any insurer failing, without just cause, to file any registration statement as required in this subchapter shall be required, after notice and hearing, to pay an administrative penalty of $1,000 for each day’s delay, to be recovered by the Mayor and the penalty so recovered shall be paid into the District of Columbia Treasury. The maximum penalty under this section shall be $100,000.
  (2) The Mayor may reduce the penalty if the insurer demonstrates to the Mayor that the imposition of the penalty would constitute a financial hardship to the insurer.
  (3) Adjudication of infractions under this section shall be pursuant to Chapter 18 of Title 2 .
(b) (1) Every director or officer of an insurance holding company system who knowingly violates, participates in, or assents to, or who knowingly permits any of the officers or agents of the insurer to engage in transactions or make investments which have not been properly reported or submitted pursuant to § 31-705(a) or § 31-706(a)(2) or (b), or which violate this subchapter, shall pay, in their individual capacity, a civil administrative penalty of not more than $1,000 per violation, after notice and hearing before the Mayor.
  (2) In determining the amount of the civil administrative penalty, the Mayor shall take into account the appropriateness of the forfeiture with respect to the gravity of the violation, the history of previous violations, and such other matters as justice may require.
  (3) Adjudication of any infraction of this subsection shall be pursuant to Chapter 18 of Title 2 .
(c) (1) Whenever it appears to the Mayor that any insurer subject to this subchapter, or any director, officer, employee, or agent, has engaged in any transaction or entered into a contract which is subject to § 31-706 and which would not have been approved had approval been requested, the Mayor may order the insurer to immediately cease and desist any further activity under that transaction or contract.
  (2) After notice and hearing the Mayor may also order the insurer to void any contracts and restore the status quo if that action is in the best interest of the policyholders, creditors, or the public.
(d) (1) Whenever it appears to the Mayor that any insurer, or any director, officer, employee, or agent, has committed a willful violation of this subchapter, the Mayor may cause criminal proceedings to be instituted in the Superior Court of the District of Columbia against the insurer or the responsible director, officer, employee, or agent.
  (2) Any insurer that willfully violates this subchapter may be fined not more than $1,000,000.
  (3) Any individual who willfully violates this subchapter may be fined in his or her individual capacity not more than $750,000 or be imprisoned for not more than 1 to 3 years, or both.
(e) Any officer, director, or employee of an insurance holding company system who willfully and knowingly subscribes to, or makes or causes to be made, any false statements, false reports, or false filings with the intent to deceive the Mayor in the performance of his or her duties under this subchapter, upon conviction, shall be imprisoned for not more than 3 to 5 years or fined $100,000, or both. Any fines imposed shall be paid by the officer, director, or employee in his or her individual capacity.
(e-1) Whenever it appears to the Mayor that a person has committed a violation of § 31-703 , which prevents the full understanding of the enterprise risk to the insurer by affiliates or by the insurance holding company system, the violation may serve as an independent basis for disapproving dividends or distributions and for placing the insurer under an order of supervision in accordance with the insurance laws of the District of Columbia.
(f) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this subchapter, or any rules or regulations issued under the authority of this subchapter, pursuant to Chapter 18 of Title 2 . Adjudication of any infraction of this subchapter shall be pursuant to Chapter 18 of Title 2 .
D.C. Code § 31-3705 — DC Code / Title 31 / Chapter 37 / § 31-3705
§ 31-3705. Disclosure standards.
Status: in_force

(a) In order to provide for full and fair disclosure in the sale of Medicare supplement policies, no Medicare supplement policy or certificate shall be delivered in the District of Columbia unless an outline of coverage is delivered to the applicant at the time application is made.
(b) The Mayor shall prescribe the format and content of the outline of coverage required by subsection (c) of this section. For purposes of this section, the term “format” means style, arrangements, and overall appearance, including such items as the size, color, and prominence of type and arrangement of text and captions. The outline of coverage shall include:
  (1) A description of the principal benefits and coverage provided in the policy;
  (2) A statement of the renewal provisions, including any reservation by the issuer of a right to change premiums, and disclosure of the existence of any automatic renewal premium increases based on the policyholder’s age; and
  (3) A statement that the outline of coverage is a summary of the policy issued or applied for and that the policy should be consulted to determine governing contractual provisions.
(c) The Mayor may prescribe by regulation a standard form and the contents of an informational brochure for persons eligible for Medicare, which is intended to improve the buyer’s ability to select the most appropriate coverage and improve the buyer’s understanding of Medicare. Except in the case of the direct response insurance policies, the Mayor may require by regulation that the informational brochure be provided to any prospective insured eligible for Medicare concurrently with delivery of the outline of coverage. With respect to direct response insurance policies, the Mayor may require by regulation that the prescribed brochure be provided upon request to any prospective insured eligible for Medicare, but in no event later than the time of policy delivery.
(d) The Mayor may issue regulations for captions or notice requirements, determined to be in the public interest and designed to inform prospective insureds that particular insurance coverages are not Medicare supplement coverages, for all accident and sickness insurance policies sold to persons eligible for Medicare, other than:
  (1) Medicare supplement policies; or
  (2) Disability income policies.
  (3) Repealed.
  (4) Repealed.
(e) The Mayor may issue reasonable regulations to govern the full and fair disclosure of the information in connection with the replacement of accident and sickness policies, subscriber contracts, or certificates by persons eligible for Medicare.
D.C. Code § 31-4427 — DC Code / Title 31 / Chapter 44 / § 31-4427
§ 31-4427. Salaries to be authorized by directors.
Status: in_force

No domestic company shall pay any salary, compensation, or emolument to any officer, trustee, or director thereof, amounting in any 1 year to more than $5,000, unless such payment shall be authorized by the board of directors of the company.
D.C. Code § 31-4448 — DC Code / Title 31 / Chapter 44 / § 31-4448
§ 31-4448. Merger or consolidation — Procedures before voting.
Status: in_force

(a) (1) After approval from the Mayor, the board of directors shall, by resolution, direct that the plan of merger or of consolidation be voted upon at a meeting of the shareholders, the members, or the policyholders of record and entitled to vote.
  (2) The vote may be conducted at either an annual or a special meeting.
(b) Written notice shall be delivered at least 20 days before the meeting, either personally or by mail, to each shareholder, member, or policyholder.
(c) The notice shall state the place, the time, and the purpose of the meeting, and a copy or a summary of the plan of merger or of consolidation shall be delivered with the notice.
(d) The notice shall also summarize dissenting shareholders’ rights under § 31-4450 .
D.C. Code § 31-6108 — DC Code / Title 31 / Chapter 61 / § 31-6108
§ 31-6108. Required disclosure provisions.
Status: repealed

Repealed.
D.C. Code § 31-5728 — DC Code / Title 31 / Chapter 57 / § 31-5728
§ 31-5728. Separation of fraternal and insurance activities — Applicability of state and District laws.
Status: repealed

Repealed.