D.C. Code § 31-312 — DC Code / Title 31 / Chapter 3 / § 31-312
§ 31-312. Exemptions and effective dates.
Status: in_force

(a) Upon written application of any insurer, the Mayor may grant an exemption from compliance with this chapter if the Mayor finds, upon review of the application, that compliance with this chapter would constitute a financial or organizational hardship upon the insurer and the public interest would not be unduly compromised by the exemption. An exemption may be granted at any time, and from time to time for a specified period or periods. Within 10 days from a denial of an insurer’s written request for an exemption from this chapter, the insurer may request in writing a hearing on its application for an exemption. The hearing shall be held in accordance with those rules pertaining to administrative hearing procedures as the Mayor may prescribe.
(b) Domestic insurers retaining a certified public accountant on October 21, 1993 who qualify as independent shall comply with this chapter for the year ending December 31, 1993, and each year thereafter, unless the Mayor permits otherwise.
(c) Domestic insurers not retaining a certified public accountant, who qualifies as independent, on October 21, 1993, shall meet the following schedule for compliance unless the Mayor permits otherwise:
  (1) As of December 31, 2009, file with the Mayor:
    (A) Report of independent certified public accountant;
    (B) Audited balance sheet; and
    (C) Notes to audited balance sheet.
  (2) For the year ending December 31, 1993, and each year thereafter, these insurers shall file with the Mayor all reports and communications required by this chapter.
(d) Foreign insurers shall comply with this chapter for the year ending December 31, 1993, and each year thereafter, unless the Mayor permits otherwise.
(e) Section 31-311.01 shall apply as of January 1, 2010. An insurer or group of insurers that was not required to have independent audit committee members or only a majority of independent audit committee members because their total written and assumed premiums were below the stated threshold levels provided in § 31-311.01(g) for a given year shall have one calendar year to comply with the independence requirements following the year the threshold is exceeded. An insurer that becomes subject to the independence requirements of this chapter as a result of a business combination shall have one calendar year following the date of acquisition or combination to comply with the independence requirements.
(f) Section 31-305(g) through (k) and 31-311.03 shall apply as of the reporting period ending December 31, 2010, and each year thereafter. An insurer or group of insurers that is not required to file a report pursuant to § 31-311.03 , but subsequently becomes subject to the reporting requirements, shall have 2 calendar years following the year the threshold is exceeded to file a report. An insurer acquired in a business combination shall have 2 calendar years following the date of acquisition or combination to comply with the reporting requirements.
(g) An insurer or group of insurers that was exempt from § 31-311.01a but no longer qualifies for the exemption shall have one year from the reporting year the threshold is exceeded to comply with this chapter .
D.C. Code § 31-3311.07 — DC Code / Title 31 / Chapter 33A / § 31-3311.07
§ 31-3311.07. Public records.
Status: in_force

The Commissioner shall, as soon as practicable, make all rate filings, including all supporting documentation, amended filings, and reports filed pursuant to this chapter, available for public inspection either at the Department of Insurance, Securities, and Banking or on its website.
D.C. Code § 31-3931.10 — DC Code / Title 31 / Chapter 39A / § 31-3931.10
§ 31-3931.10. Name.
Status: in_force

A captive insurer shall not use or adopt a name that is the same as, deceptively similar to, or likely to be confused with or mistaken for any other insurer licensed in the District.
D.C. Code § 31-104 — DC Code / Title 31 / Chapter 1 / § 31-104
§ 31-104. Commissioner of the Department of Insurance, Securities, and Banking.
Status: in_force

(a) The Commissioner shall be appointed by the Mayor, with the advice and consent of the Council, pursuant to § 1-204.22(1) .
  (1) Notwithstanding the provisions of § 1-611.07(c) [repealed], the rate of pay for the Commissioner or for any other position in the Department for which the Mayor deems it necessary, may exceed the rate of pay for the Mayor.
  (2) The Mayor shall submit a resolution to the Council for a 45-day period of review, excluding Saturdays, Sundays, holidays, and periods of Council recess, indicating the proposed rate of pay for the Commissioner and for each other employee in the Department. A resolution which has not been approved or disapproved, in whole or part, within the prescribed period of 45 days shall be deemed approved by the Council.
(b) The Commissioner shall employ staff as needed, in accordance with annual appropriations.
D.C. Code § 31-6017 — DC Code / Title 31 / Chapter 60 / § 31-6017
§ 31-6017. Termination of operations and accounts; expiration of chapter.
Status: repealed

Repealed.
D.C. Code § 31-311.01a — DC Code / Title 31 / Chapter 3 / § 31-311.01a
§ 31-311.01a. Internal audit function requirements.
Status: in_force

(a) An insurer shall be exempt from the requirements of this section if:
  (1) The insurer has annual direct written and unaffiliated assumed premium, including international direct and assumed premium but excluding premium reinsured with the Federal Crop Insurance Corporation and Federal Flood Program, less than $500 million; and
  (2) If the insurer is a member of a group of insurers, the group has annual direct written and unaffiliated assumed premium including international direct and assumed premium, but excluding premium reinsured with the Federal Crop Insurance Corporation and Federal Flood Program, less than $1 billion.
(b) The insurer or group of insurers shall establish an internal audit function providing independent, objective, and reasonable assurance to the audit committee and insurer management regarding the insurer's governance, risk management, and internal controls.  This assurance shall be provided by performing general and specific audits, reviews, and tests and by employing other techniques considered necessary to protect assets, evaluate control effectiveness and efficiency, and evaluate compliance with policies and regulations.
(c) (1) To ensure that internal auditors remain objective, the internal audit function shall be organizationally independent.  The internal audit function will not defer ultimate judgment on audit matters to others and shall appoint an individual to head the Internal audit function who will have direct and unrestricted access to the board of directors.
  (2) Organizational independence shall not preclude dual-reporting relationships.
(d) The head of the internal audit function shall report to the audit committee regularly, but no less than annually, on the periodic audit plan, factors that may adversely impact the Internal audit function's independence or effectiveness, material findings from completed audits, and the appropriateness of corrective actions implemented by management as a result of audit findings.
(e) If an insurer is a member of an insurance holding company system or included in a group of insurers, the insurer may satisfy the Internal audit function requirements set forth in this section at the ultimate controlling parent level, an intermediate holding company level, or the individual legal entity level.
D.C. Code § 31-5041.06 — DC Code / Title 31 / Chapter 50B / § 31-5041.06
§ 31-5041.06. Conditions for providing escrow, settlement, closing, and indemnity deposit services.
Status: in_force

(a) All funds deposited with the title insurance producer or insurer in connection with an escrow, settlement, closing, or indemnity deposit shall be submitted for collection to or deposited in a fiduciary trust account in accordance with Chapter 24 of Title 42 [ § 42-2401 et seq.], unless otherwise agreed upon in writing, and in accordance with the following requirements:
  (1) The funds shall be the property of the person entitled to them under the provisions of the escrow, settlement, indemnity deposit, or closing agreement and shall be segregated for each depository by escrow, settlement, indemnity deposit, or closing in the records of the title insurance producer in a manner that permits the funds to be identified on an individual basis; and
  (2) The funds shall be applied only in accordance with the terms of the individual instructions, settlement statement, or agreements under which the funds were accepted.
(b) Funds held in an indemnity deposit account shall be disbursed only pursuant to a written agreement specifying:
  (1) What actions the indemnitor shall take to satisfy his or her obligation under the agreement;
  (2) The duties of the title insurance producer with respect to disposition of the funds held, including a requirement to maintain evidence of the disposition of the title exception before any balance may be paid over to the depositing party or his or her designee; and
  (3) Any other provisions that the Commissioner may require.
(c) Any interest received on funds deposited in connection with any escrow, settlement, indemnity deposit, or closing shall be paid, net of administrative costs, to the depositing party, unless the depositor’s written instructions for the funds, a court order, or a governing law provides otherwise.
(d) Disbursements may be made out of an escrow, settlement, or closing account only if deposits in amounts at least equal to the disbursement have first been made directly relating to the transaction disbursed against and if the deposits are in one of the following forms:
  (1) Cash;
  (2) Wire transfers such that the funds are unconditionally received by the title insurance producer, title insurer, or depository of either;
  (3) Checks, drafts, negotiable orders of withdrawal; money orders, and any other item that has been finally paid before any disbursements; provided, that a title insurance producer may accept a check in an amount not to exceed $3,000 that has not been finally paid before any disbursements;
  (4) A depository check, including a certified check, governed by the provisions of the Expedited Funds Availability Act, approved August 10, 1987 (101 Stat. 635; 12 U.S.C. § 4001 et seq.); or
  (5) Credit transfers through the Automated Clearing House which have been deemed available by the depository institution receiving the credit transfers and conform to the operating rules set forth by the National Automated Clearing House Association.
(e) This chapter shall not prohibit the recording of documents prior to the time funds are available for disbursement with respect to a transaction that does not relate to real or personal property; provided, that all parties consent to the transaction in writing.
(f) A title insurance producer who maintains or operates fiduciary trust accounts in connection with providing escrow, closing settlement services shall have an annual audit made of its escrow, settlement, closing, and indemnity deposit accounts, conducted by an accountant at its expense. Alternatively, any title insurer, at its expense, may conduct, or cause to be conducted, an annual audit of the escrow, settlement, closing, and security deposit accounts of the title insurance producer, subject to the rules by the Commissioner as hereinafter set forth. The Commissioner may promulgate rules setting forth the minimum threshold level at which an audit would be required, the standards of audit, and the forms of audit report required. Title insurance producers who are attorneys licensed in any state or the District of Columbia, who are not exclusively in the business of title insurance, and who issue title insurance policies as part of their legal representation of clients shall be exempt from the requirements of this subsection; provided, that the title insurer may, at its expense, conduct, or cause to be conducted, an annual review or audit of the escrow, settlement, closing, and indemnity deposit accounts of the attorney. The Commissioner may also require the title insurance producer or escrow agent to provide a copy of its audit report to the Commissioner.
(g) If the title insurance producer is appointed by 2 or more title insurers and maintains fiduciary trust accounts in connection with providing escrow, closing settlement services, the title insurance producer shall allow each title insurer reasonable access to the accounts and any or all of the supporting account information to ascertain the safety and security of the funds held by the title insurance producer.
(h) The Commissioner may prescribe standard disclosures that must be included in all agreements for escrow, settlement, closing, or indemnity deposits.
D.C. Code § 31-2405 — DC Code / Title 31 / Chapter 24 / § 31-2405
§ 31-2405. Lawsuit restriction and opportunity for arbitration under optional insurance.
Status: in_force

(a) A victim shall notify the personal injury protection insurer within 60 days of an accident of the victim’s election to receive personal injury protection benefits.
(b) A victim who elects to receive personal injury protection benefits may maintain a civil action based on liability of another person only if:
  (1) The injury directly results in substantial permanent scarring or disfigurement, substantial and medically demonstrable permanent impairment which has significantly affected the ability of the victim to perform his or her professional activities or usual and customary daily activities, or a medically demonstrable impairment that prevents the victim from performing all or substantially all of the material acts and duties that constitute his or her usual and customary daily activities for more than 180 continuous days; or
  (2) The medical and rehabilitation expenses of a victim or work loss of a victim exceeds the amount of personal injury protection benefits available.
(c) Nothing in subsection (b) of this section shall prevent the survivors of a victim whose death arises out of the maintenance or use of a motor vehicle from maintaining a civil action based on the liability of another person for the loss and noneconomic loss resulting from the victim’s death regardless of whether the victim had previous to his or her death elected to receive personal injury protection benefits.
(d) The insurer must notify any identifiable victim in writing of the 60-day election period.
(e) The 60-day election period may be extended upon the mutual written agreement of the victim and the insurer.
(f) If a victim is incapacitated or in some other way unable to make the election, it may be made by the next closest relative, or if there is no relative, an individual taking responsibility for the victim’s affairs.
(g) If the covered victim fails to make an election within the 60-day period, the mandatory liability insurance coverage applies.
(h) Except as provided in subsection (i) of this section, any person having a claim under the mandatory insurance required in § 31-2406 or the optional insurance offered pursuant to § 31-2404 may request that the claim be resolved by arbitration before the Board of Consumer Claims Arbitration for the District of Columbia, established by § 50-503 . If the other party or parties to the action consent, the Board may hear and decide the matter. Arbitration of these claims shall be binding.
(i) Insurers shall arbitrate and settle all disputed claims made for automobile physical damage between them in accordance with the terms of the Nationwide Intercompany Arbitration Agreement (“Agreement”) as adopted and from time to time amended by its members, and the rules promulgated pursuant to the Agreement, unless the parties mutually agree, on a per case basis, to use another arbitration forum, in which case the claim shall be arbitrated in that alternate forum. Mandatory arbitration of disputed claims shall be limited solely to the issues of liability and damages. Every automobile liability or physical damage insurer doing business in the District of Columbia shall be a member of the Nationwide Intercompany Arbitration Agreement sponsored by the Committee on Insurance Arbitration.
D.C. Code § 31-2351.03 — DC Code / Title 31 / Chapter 23M / § 31-2351.03
§ 31-2351.03. Requirements for doing business.
Status: in_force

(a) A provider may, but shall not be required to, appoint an administrator or other designee to be responsible for any or all of the administration of service contracts and compliance with this chapter .
(b) Service contracts shall not be issued, sold, or offered for sale unless the provider has:
  (1) Provided a receipt for, or other written evidence of, the purchase of the service contract to the contract holder; and
  (2) Provided a copy of the service contract to the service contract holder within a reasonable period of time from the date of purchase.
(c) (1) A provider shall provide a consumer with a complete sample copy of the service contract terms and conditions before the time of sale upon a request by the consumer.
  (2) A provider shall be in compliance with this subsection by providing the consumer with a complete sample copy of the terms and conditions or by directing the consumer to a website containing a complete sample of the terms and conditions of the service contract.
(d) (1) Each provider of a service contract sold in the District shall:
    (A) File a registration with the Commissioner that includes the provider's name, full corporate address, telephone number, and contact person; and
    (B) Designate a person in the District for service of process.
  (2) A provider shall pay to the Commissioner a fee in the amount of $200 upon initial registration and every year thereafter.
  (3) A provider shall update its registration by written notification to the Commissioner when material changes occur in the registration on file.
(e) To assure the faithful performance of a provider's obligations to its contract holders, each provider shall be responsible for complying with the requirements of one of the following 3 paragraphs:
  (1) Insure all service contracts under a reimbursement insurance policy issued by an insurer licensed, registered, or otherwise authorized to do business in the District, and:
    (A) At the time the policy is filed with the Commissioner, and continuously thereafter:
      (i) Maintain surplus as to policyholders and paid-in capital of at least $15 million; and
      (ii) Annually file copies of the insurer's financial statements, its National Association of Insurance Commissioners ("NAIC") annual statement, and the actuarial certification required by and filed in the insurer's state of domicile; or
    (B) At the time the policy is filed with the Commissioner, and continuously thereafter:
      (i) Maintain surplus as to policyholders and paid-in capital of less than $15 million but at least $10 million;
      (ii) Demonstrate to the satisfaction of the Commissioner that the company maintains a ratio of net written premiums, wherever written, to surplus as to policyholders and paid-in capital of not greater than 3 to 1; and
      (iii) Annually file copies of the insurer's audited financial statements, its NAIC annual statement, and the actuarial certification required by and filed in the insurer's state of domicile;
  (2) (A) Maintain a funded reserve account for its obligations under its contracts issued and outstanding in the District; provided, that reserves shall not be less than 40% of gross consideration received, less claims paid, on the sale of the service contract for all in-force contracts; provided further, that such funded reserve account shall be subject to examination and review by the Commissioner; and
    (B) Place in trust with the Commissioner a financial security deposit, having a value of not less than 5% of the gross consideration received, less claims paid, on the sale of the service contract for all service contracts issued and in force, but not less than $25,000, consisting of one of the following:
      (i) A surety bond issued by an authorized surety;
      (ii) Securities of the type eligible for deposit by authorized insurers in the District;
      (iii) Cash;
      (iv) A letter of credit issued by a qualified financial institution; or
      (v) Another form of security prescribed by regulation issued by the Mayor or Commissioner; or
  (3) (A) Maintain, or together with its parent company maintain, a net worth or stockholders' equity of $100 million; and
    (B) (i) Upon request, provide the Commissioner with a copy of the provider's, or the provider's parent company's, most recent Form 10-K or Form 20-F filed with the Securities and Exchange Commission ("SEC") within the last calendar year, or, if the company does not file with the SEC, a copy of the company's audited financial statement that shows a net worth of the provider or its parent company of at least $100 million.
      (ii) If the provider's parent company's Form 10-K, Form 20-F, or audited financial statement is filed to meet the provider's financial stability requirement, then the parent company shall agree to guarantee the obligations of the provider relating to service contracts sold by the provider in the District.
(f) Except for the requirements specified in subsections (d) and (e) of this section, no other financial security requirements shall be required by the Commissioner for service contract providers.
(g) (1) (A) Service contracts shall require the provider to permit the service contract holder to return the service contract within 30 days of the date the service contract was mailed to the service contract holder, or the date of delivery if the service contract is delivered to the service contract holder at the time of sale, or within a longer time period permitted under the service contract.
    (B) Upon return of the service contract to the provider within the applicable  time  period,  if  no  claim  has  been  made  under  the  service contract prior to its return to the provider, the service contract shall be void and the provider  shall refund  to  the  service contract  holder,  or  credit  the account of the service contract holder, with the full purchase price of the service contract.
    (C) The right to void the service contract provided by this subsection shall not be transferable and shall apply only to the original service contract purchaser and only if no claim has been made prior to its return to the provider.
    (D) A 10% penalty per month shall be added to a refund that is not paid or credited within 45 days after return of the service contract to the provider.
  (2) (A) Subsequent to the time period specified in paragraph (1) of this subsection or if a claim has been made under the service contract within that time period, a service contract holder may cancel the service contract and the provider shall refund to the contract holder 100% of the unearned pro rata provider fee, less any claims paid and administrative fee charged, as authorized by subparagraph (B) of this paragraph.
    (B) A reasonable administrative fee may be charged by the provider not to exceed 10% of the gross provider fee paid by the service contract holder.
(h) (1) Provider fees collected on service contracts shall not be subject to premium taxes.
  (2) Premiums for reimbursement insurance policies shall be subject to applicable taxes.
(i) Except for the registration requirements in subsection (d)(1) of this section, providers and related service contract sellers, administrators, and other persons marketing, selling, or offering to sell service contracts shall be exempt from any licensing requirements of the District.
D.C. Code § 31-2602.32 — DC Code / Title 31 / Chapter 26 / § 31-2602.32
§ 31-2602.32. Right to amend or repeal chapter.
Status: repealed

Repealed.
D.C. Code § 31-5407 — DC Code / Title 31 / Chapter 54 / § 31-5407
§ 31-5407. Plan of operation.
Status: in_force

(a) (1) The Association shall submit to the Mayor a plan of operation, and any subsequent amendments that are necessary or suitable, to assure the fair, reasonable, and equitable administration of the Association. The plan of operation, and any amendments, shall become effective 30 days following its submission to the Mayor, unless the Mayor has issued written disapproval of the plan within the 30 days.
  (2) If the Association fails to submit a suitable plan of operation within 120 days following July 22, 1992, or if at any time thereafter the Association fails to submit suitable amendments to the plan, the Mayor shall, after notice and hearing, adopt and promulgate reasonable rules as necessary or advisable to carry out the provisions of this chapter. These rules shall continue in force until modified by the Mayor or superseded by a plan submitted by the Association and approved by the Mayor.
(b) All member insurers shall comply with the plan of operation.
(c) The plan of operation, in addition to requirements enumerated elsewhere in this chapter, shall:
  (1) Establish procedures for handling the assets of the Association;
  (2) Establish the amount and method of reimbursement of members of the Board of Directors under § 31-5404 ;
  (3) Establish regular places and times for meetings, including telephone conference calls, of the Board of Directors;
  (4) Establish procedures for records to be kept of all financial transactions of the Association, its agents, and the Board of Directors;
  (5) Establish the procedures whereby nominations to the Board of Directors will be made and submitted to the Mayor for approval;
  (6) Establish any additional procedures necessary for assessments under § 31-5406 ; and
  (7) Contain additional provisions necessary or proper for the execution of the powers and duties of the Association.
(d) (1) The plan of operation may provide that any or all powers and duties of the Association, except those under § 31-5405(q)(3) and § 31-5406 , are delegated to a corporation, association, or other organization which performs or will perform functions similar to those of this Association, or its equivalent in 2 or more states.
  (2) Such a corporation, association, or organization shall be reimbursed for any payments made on behalf of the Association and shall be paid for its performance of any function of the Association.
  (3) A delegation under this subsection shall take effect only with the approval of the Board of Directors and the Mayor, and may be made only to a corporation, association, or organization which extends protection not substantially less favorable and effective than that provided by this chapter.
D.C. Code § 31-5317 — DC Code / Title 31 / Chapter 53 / § 31-5317
§ 31-5317. Nonforfeiture benefits, cash surrender values, certificate loans, and other options.
Status: in_force

(a) For certificates issued prior to one year after April 29, 1998, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan, or other option granted shall comply with the provisions of law applicable immediately prior to April 29, 1998.
(b) For certificates issued on or after one year from April 29, 1998 for which reserves are computed on the Commissioner’s 1941 Standard Ordinary Mortality Table, the Commissioner’s 1941 Standard Industrial Table, the Commissioner’s 1958 Standard Ordinary Mortality Table, the Commissioner’s 1980 Standard Mortality Table, or any more recent table made applicable to life insurers, every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan, or other option granted shall not be less than the corresponding amount ascertained in accordance with the laws of the District applicable to life insurers issuing policies containing like benefits based upon such tables.
D.C. Code § 31-3303.13c — DC Code / Title 31 / Chapter 33 / § 31-3303.13c
§ 31-3303.13c. Licensing requirement for certain multiple employer welfare arrangements.
Status: in_force

(a) A multiple employer welfare arrangement that is not fully insured, as described in subsection (c) of this section, shall not operate in the District or market, offer, or issue a health benefit plan to any individual or employer in the District without first meeting the requirements for, and becoming licensed as, an insurer, a hospital and medical services corporation, a fraternal benefit society, or a health maintenance organization.
(b) The existence of contracts of reinsurance shall not be considered in determining whether a multiple employer welfare arrangement is fully insured.
(c) For the purposes of this section, a multiple employer welfare arrangement is not fully insured unless the covered benefits it provides are:
  (1) Insured on a direct basis by an insurance company licensed to transact the business of insurance in District; or
  (2) Arranged for or provided on a direct basis by
    (A) A hospital and medical services corporation;
    (B) A fraternal benefit society;
    (C) A health maintenance organization licensed in the District; or
    (D) Any combination of these entities.
D.C. Code § 31-1306 — DC Code / Title 31 / Chapter 13 / § 31-1306
§ 31-1306. Continuation of delinquency proceedings.
Status: in_force

Every proceeding commenced under §§ 31-2502.05 through 31-2502.07 [repealed], and §§ 31-4319 through 31-4321 [repealed], shall be deemed to have commenced under this chapter for the purpose of continuing the proceeding, except that in the discretion of the Commissioner the proceeding may be continued, in whole or in part, as it would have been continued had this chapter not been enacted.
D.C. Code § 31-307 — DC Code / Title 31 / Chapter 3 / § 31-307
§ 31-307. Scope of audit and report of independent certified public accountant.
Status: in_force

Financial statements furnished pursuant to § 31-303 shall be examined by an independent certified public accountant. In accordance with AU section 319 of the Professional Standards of the American Institute of Certified Public Accountants, Consideration of Internal Control in a Financial Statement Audit, the independent certified public accountant shall obtain a sufficient understanding of the insurer’s internal controls to ensure that the audit plan is effective. To the extent required by AU section 319, for those insurers required to file a management’s report of internal control over financial reporting pursuant to § 31-311.03 , the independent certified public accountant shall consider the most recently available management reports in planning and performing the audit of the statutory financial statements. The audit of the insurer’s financial statements shall be conducted in accordance with generally accepted auditing standards. Consideration shall also be given to such other procedures illustrated in the Financial Condition Examiner’s Handbook promulgated by the NAIC as the independent certified public accountant deems necessary.
D.C. Code § 31-3932.08 — DC Code / Title 31 / Chapter 39A / § 31-3932.08
§ 31-3932.08. Trust arrangements.
Status: in_force

(a) Assets of the SPFC that are pledged to secure obligations of the SPFC to a counterparty under an SPFC contract shall be held in trust that is administered by a qualified United States financial institution. The qualified United States financial institution shall not control, be controlled by, or be under common control with, the SPFC or the counterparty.
(b) Assets of the SPFC held in trust to secure obligations under the SPFC contract shall at all times be held in:
  (1) Cash and cash equivalents;
  (2) Securities listed by the Securities Valuation Office of the National Association of Insurance Commissioners and qualifying as admitted assets under statutory accounting convention in its state of domicile; or
  (3) Another form of security acceptable to the Commissioner.
(c) Assets of an SPFC held in trust to secure obligations under an SPFC contract shall be held by the trustee at one of the trustee’s offices or branch offices in the United States and may be held in certificated or electronic form.
(d) The provisions for withdrawal by the counterparty of assets from the trust shall be clean and unconditional, subject only to the following requirements:
  (1) The counterparty may withdraw assets from the trust account at any time, without notice to the SPFC, subject only to written notice to the trustee from the counterparty that funds in the amount requested are due and payable by the SPFC, pursuant to the terms of the SPFC contract.
  (2) Presentment of a statement or document shall not be required to withdraw assets, except that the counterparty may be required to acknowledge receipt of withdrawn assets.
  (3) The trust agreement shall indicate that it is not subject to any conditions or qualifications outside of the trust agreement.
  (4) The trust agreement shall not contain references to any other agreements or documents.
(e) The trust agreement shall be established for the sole use and benefit of the counterparty at least to the full extent of the obligations of the SPFC to the counterparty under the SPFC contract. If there is more than one counterparty, a separate trust agreement shall be entered into with each counterparty and, if there more than one SPFC contract with the same counterparty, a separate trust account shall be maintained for each SPFC contract with the counterparty, in each case unless otherwise approved by the Commissioner.
(f) The trust agreement shall provide for the trustee to:
  (1) Receive assets and hold all assets in a safe place;
  (2) Determine that all assets are in a form that the counterparty or the trustee, upon direction by the counterparty, may transfer, whenever necessary, the assets, without consent or signature from the SPFC or another person or entity;
  (3) Furnish to the SPFC, the Commissioner, and the counterparty a statement of all assets in the trust account reported at fair value upon its inception and at intervals no less frequent than the end of each calendar quarter;
  (4) Notify the SPFC and the counterparty, within 10 days, of any deposits to or withdrawals from the trust account;
  (5) Upon written demand of the counterparty, immediately take the necessary steps to transfer absolutely and unequivocally all right, title, and interest in the assets held in the trust account to the counterparty and deliver physical custody of the assets to the counterparty; and
  (6) Allow no substitutions or withdrawals of assets from the trust account, except pursuant to the trust agreement or SPFC contract, or as otherwise permitted by the counterparty.
(g) The trust agreement:
  (1) Shall create one or more trust accounts into which all pledged assets shall be deposited and held until distributed in accordance with the trust agreement;
  (2) Shall provide that at least 30 days, but not more than 45 days, before termination of the trust account, written notification of termination shall be delivered by the trustee to the counterparty with a copy of the notice provided to the Commissioner;
  (3) May be made subject to and governed by the laws of any state; provided, that the state shall be disclosed in the strategic business plan filed with and approved by the Commissioner;
  (4) Shall prohibit invasion of the trust corpus for the purpose of paying compensation to, or reimbursing the expenses of, the trustee; and
  (5) Shall provide that the trustee shall be liable for its own negligence, willful misconduct, or lack of good faith.
(h) (1) Notwithstanding the provisions of subsection (d)(3) and (4) of this section, when a trust agreement is established in conjunction with an SPFC contract, the trust agreement or SPFC contract, or both, may provide that the counterparty shall undertake to use and apply any amounts drawn upon the trust account, without diminution because of the insolvency of the counterparty or the SPFC, only for one or more of the following purposes:
    (A) To pay or reimburse the counterparty for payment of the SPFC’s share of premiums to be returned to owners of the counterparty’s policies covered under the SPFC contract on account of cancellations of the policies under the counterparty’s policies;
    (B) To pay or reimburse the counterparty for payment of the SPFC’s share of surrenders, benefits, losses, or other benefits covered and payable pursuant to the provisions of the SPFC contract;
    (C) To fund an account with the counterparty in an amount to secure the credit or reduction from liability for reinsurance coverage provided under the SPFC contract; or
    (D) To pay any other amounts the counterparty claims are due under the SPFC contract.
  (2) Any assets deposited into an account of the counterparty pursuant to paragraph (1)(C) of this subsection, or withdrawn by the counterparty pursuant to subparagraph (1)(D) of this subsection, and any interest or other earnings on them, shall be held by the counterparty in trust and separate and apart from any general assets of the counterparty, for the sole purpose of funding the payments and reimbursements of the SPFC contract described in paragraph (1) of this subsection.
  (3) The counterparty shall return to the SPFC:
    (A) Amounts withdrawn under paragraph (1) of this subsection in excess of actual amounts required under paragraph (1)(A) through (C) of this subsection, and in excess of the amounts subsequently determined to be due under paragraph (1)(D) of this subsection;
    (B) Interest at a rate not in excess of the prime rate for the amounts held pursuant to paragraph (1) of this subsection, unless a higher rate of interest has been awarded by a panel of arbitration; and
    (C) Any net costs or expenses, including attorneys’ fees, awarded by a panel of arbitration.
  (4) If the counterparty has received notification of termination of the trust account, and if the SPFC’s entire obligations secured under the specific SPFC contract remain unliquidated and undischarged 10 days before the termination date, the trust agreement shall permit the counterparty to withdraw amounts equal to the obligations and deposit the amounts in a separate account, in the name of the counterparty, in a qualified United States financial institution, separate and apart from the counterparty’s general assets, to the extent the obligations or liabilities have not been funded by the SPFC, in trust only for those uses and purposes specified in paragraph (1)(A) of this subsection as may remain executory after the withdrawal and for any period after the termination date until discharged.
D.C. Code § 31-732 — DC Code / Title 31 / Chapter 7 / § 31-732
§ 31-732. Merger of policyholder membership interests.
Status: in_force

(a) A domestic mutual insurance company, upon the approval of the Commissioner, may reorganize by merging its policyholders’ membership interests into a mutual insurance holding company formed pursuant to this section and continuing the corporate existence of the reorganizing insurance company as a stock insurance company or as a stock insurance company subsidiary to an intermediate holding company which is a subsidiary to the mutual insurance holding company.
(b) The Commissioner, after a public hearing as provided in § 31-703(g)(1) , if satisfied that the interests of the policyholders are properly protected and that the merger is fair and equitable to the policyholders, shall approve the proposed merger and may require as a condition of approval such modifications of the proposed merger as the Commissioner finds necessary for the protection of the policyholders’ interests. The Commissioner may retain consultants as provided in § 31-703(g)(3) . A merger pursuant to this section is subject to § 31-703(a) , (b), and (c). The Commissioner shall retain jurisdiction over the mutual insurance holding company organized pursuant to this section to assure that policyholder interests are protected.
(c) All of the initial shares of the capital stock of the reorganized insurance company shall be issued to the mutual insurance holding company. The membership interests of the policyholders of the reorganized insurance company shall become membership interests in the mutual insurance holding company. Policyholders of the reorganized insurance company shall be members of the mutual insurance holding company in accordance with the articles of incorporation and bylaws of the mutual insurance holding company. The mutual insurance holding company shall at all times own a majority of the voting shares of the capital stock of the reorganized insurance company. A merger of policyholders’ membership interests in a mutual insurance company into a mutual insurance holding company shall be deemed to be a merger of insurance companies pursuant to § 31-703 and § 31-703 is also applicable.
D.C. Code § 31-5041.10 — DC Code / Title 31 / Chapter 50B / § 31-5041.10
§ 31-5041.10. Violations of the Real Estate Settlement Procedures Act.
Status: in_force

The Commissioner or Attorney General for the District of Columbia may bring an action to enjoin or seek remedies for violations of RESPA.
D.C. Code § 31-4709 — DC Code / Title 31 / Chapter 47 / § 31-4709
§ 31-4709. Policy provisions required by foreign government entities.
Status: in_force

The policies of a life company, not organized under the laws of the District, may contain any provisions prescribed by the laws of the state, territory, district, or country, under which the company is organized. The policies of a life company, organized under the laws of the District, may, when issued or delivered in any state, territory, district, or country, contain any provisions required by the laws of the state, territory, district, or country in which the same are issued or delivered, anything in this subdivision to the contrary notwithstanding.
D.C. Code § 31-5112 — DC Code / Title 31 / Chapter 51 / § 31-5112
§ 31-5112. Administrative or judicial review of orders or actions.
Status: in_force

Any insurance company, agent, solicitor, or broker aggrieved by any order or action of the Commissioner under this chapter may contest the validity of such order or action by appeal or through any other appropriate proceeding, in accordance with the procedures prescribed by §§ 31-2502.43 [repealed] and 31-2502.44 [repealed]; provided, that any such insurance company, agent, solicitor, or broker, which is licensed in the District under Subdivision A of Subtitle VI of this title , may contest the validity of such order or action by appeal or through any other appropriate proceeding in accordance with the procedures prescribed by Subdivision A of Subtitle VI of this title .
D.C. Code § 31-2303 — DC Code / Title 31 / Chapter 23 / § 31-2303
§ 31-2303. Prior written approval of domestication agreement.
Status: in_force

An acquisition of assets and assumption of liabilities under § 31-2302(a) shall be initiated by filing with the Commissioner, for prior written approval as required by § 31-2302(a)(2) , a copy of the domestication agreement, executed by the Non-U.S. insurer and the acquiring insurer, in a form satisfactory to (1) the Commissioner if the acquiring insurer is a domestic insurer, or (2) both the Commissioner and the chief insurance regulatory official of the state of organization if the acquiring insurer is a foreign insurer. If he is satisfied that the domestication agreement complies with this chapter and that the interests of policyholders and creditors of the United States branch are not materially adversely affected, the Commissioner may approve the domestication agreement, subject to a subsequent review and final approval as required under § 31-2302(a)(3) and 6 [ § 31-2305 ].
D.C. Code § 31-2410 — DC Code / Title 31 / Chapter 24 / § 31-2410
§ 31-2410. Special provisions.
Status: in_force

(a) Election of deductible. — An insurer offering to provide personal injury protection insurance in the District may offer, at appropriately reduced premium rates, a deductible of a specified dollar amount up to the amount prescribed by the Mayor, upon the recommendation of the Commissioner. This deductible may be applicable to all or any specified type of personal injury protection benefit, except that it may not be made applicable to any medical, paramedical, ambulance, or hospital services furnished to a victim on an emergency basis during the 72 hours immediately following an accident.
(b) Subtraction of certain other benefits. — All benefits (less reasonably incurred collection costs) that an individual receives or may receive, with respect to an injury, from:
  (1) Repealed;
  (2) Workers’ compensation;
  (3) Temporary nonoccupational disability insurance that is required by a state or the District government; and
  (4) Repealed;
shall be subtracted in calculating personal injury protection benefits unless the law authorizing or providing for those benefits makes them secondary to or duplicative of personal injury protection benefits.
(c) Penalty for overdue payment of personal injury protection benefits. — (1) All personal injury protection benefits are payable as loss accrues, subject to receipt by the applicable insurer of reasonable proof of the fact and amount of loss sustained. If personal injury protection benefits are not paid within 30 days after receipt of such proof, the payment is overdue.
  (2) An overdue payment of personal injury protection benefits bears interest at the prime rate of interest generally prevailing in the District on the date upon which such payment is first overdue per annum from the date upon which such payment is first overdue.
  (3) For purposes of this subsection, payment is made on the date a draft or other valid commercial instrument is placed in the United States mail in a properly addressed and posted envelope or on the date of delivery thereof, whichever is applicable.
(d) Assignment of rights to future benefits. — An agreement for the assignment of a right to any personal injury protection benefits payable in the future is void.
(e) Payment of attorneys fees. — (1) An attorney may receive a reasonable fee for advising and representing a claimant in an action for personal injury protection benefits which are overdue. The fee shall be paid by the applicable insurer in addition to the amount of the personal injury protection benefits which are overdue and the penalty under subsection (c) of this section if a court finds that the insurer did not promptly pay the amount due.
  (2) An insurer may be allowed, by a court, an award of a reasonable sum for a fee for its attorney for the legal cost of defending against a claim that is or was fraudulent in some significant respect. The award may be treated as an offset against the amount of any personal injury protection benefits then or thereafter owing by that insurer to the person making that claim.
(f) Primacy of personal injury protection. — Repealed.
D.C. Code § 31-5801 — DC Code / Title 31 / Chapter 58 / § 31-5801
§ 31-5801. Definitions.
Status: repealed

Repealed.
D.C. Code § 31-5101 — DC Code / Title 31 / Chapter 51 / § 31-5101
§ 31-5101. Short title; applicability of provisions.
Status: in_force

(a) This chapter regulating credit life insurance and credit accident and health insurance in the District of Columbia may be cited as “The Act for the Regulation of Credit Life Insurance and Credit Accident and Health Insurance.”
(b) All life insurance and all accident and health insurance in connection with loans or other credit transactions of less than 5 years duration in the District of Columbia shall be subject to the provisions of this chapter. Such insurance written in connection with a loan or other credit transaction of 5 years duration or more shall not be subject to the provisions of this chapter, nor shall such insurance be subject to the provisions of this chapter if the issuance of the insurance is an isolated transaction on the part of the insurer not related to a plan or regular course of conduct for insuring debtors of the creditor.
(c) Repealed.
D.C. Code § 31-1131.13 — DC Code / Title 31 / Chapter 11A / § 31-1131.13
§ 31-1131.13. Commissions.
Status: in_force

(a) An insurer or insurance producer shall not pay a commission, service fee, brokerage fee, or other valuable consideration to a person for selling, soliciting, or negotiating insurance in the District if that person is required to be licensed under this chapter and is not licensed.
(b) A person shall not accept a commission, service fee, brokerage fee, or other valuable consideration for selling, soliciting, or negotiating insurance in the District if that person is required to be licensed under this chapter and is not licensed.
(c) Renewal or other deferred commissions may be paid to a person for selling, soliciting, or negotiating insurance in the District if the person was required to be licensed under this chapter at the time of the sale, solicitation, or negotiation and was licensed at that time.
(d) An insurer or insurance producer may pay or assign commissions, service fees, brokerage fees, or other valuable consideration to an insurance agency or to persons who do not sell, solicit, or negotiate insurance in the District unless the payment would violate this chapter or any other District law relating to insurance.
D.C. Code § 31-1606 — DC Code / Title 31 / Chapter 16 / § 31-1606
§ 31-1606. Informed consent requirements; restrictions on disclosure.
Status: in_force

(a) No insurer shall request or require a proposed insured to take the testing protocol certified pursuant to § 31-1604 without first obtaining the signature of the proposed insured or the legal guardian of the named insured on a standard informed consent statement prepared and furnished by the Commissioner of Insurance and Securities.
(b) An insurer shall provide information about the availability of counseling at public and private health facilities to each proposed insured who the insurer requests or requires to take the testing protocol.
(c) Before any proposed insured or his or her legal guardian is requested to sign an informed consent statement, the insurer shall provide the proposed insured, or his or her legal guardian an explanation of the nature of AIDS, ARC, and the HIV infection, an explanation of the testing protocol, including its purpose, potential uses, limitations, and an updated percentage of false positives, and notice of the right of the proposed insured to appeal to the Commissioner of Insurance and Securities, an explanation of the meaning of test results, and a description of the disclosure restrictions established by this chapter.
(d) Once an insurer has requested a signature on an informed consent statement pursuant to subsection (a) of this section, and has complied with subsections (b) and (c) of this section, the proposed insured or legal guardian of the proposed insured may wait 14 days before signing the informed consent statement.
  (1) An insurer shall not disclose the fact that a proposed insured was tested or the results of the test except to:
    (A) The proposed insured or the legal guardian of the proposed insured;
    (B) A court of competent jurisdiction, pursuant to a lawful court order; or
    (C) Any person named in a written authorization executed by the proposed insured or the legal guardian of the proposed insured.
  (2) An insurer that requires testing of a proposed insured shall maintain records and establish procedures in a manner that protects the privacy of the proposed insured and the confidentiality of the test results.
  (3) (A) The Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking] may, by rule, require an insurer to report numerical data regarding test results to the Commissioner for the limited purpose of performing epidemiological studies. The name, address, or other information that reveals the identity of the individual tested shall not be reported to the Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking].
    (B) An insurer shall report numerical data regarding test results to actuaries employed or consulted by the insurer for the limited purpose of performing actuarial studies related to the business of insurance. The name, address, or other information that reveals the identity of the individual tested shall not be reported to the actuaries.
D.C. Code § 31-5238.01 — DC Code / Title 31 / Chapter 52A / § 31-5238.01
§ 31-5238.01. Fees deposited in Insurance Regulatory Trust Fund.
Status: in_force

All fees collected pursuant to this chapter shall be deposited in the Insurance Regulatory Trust Fund established by § 31-1202 and expended for the purposes authorized by the Fund.
D.C. Code § 31-4711.01 — DC Code / Title 31 / Chapter 47 / § 31-4711.01
§ 31-4711.01. Group policies — Right to, and notice of, issuance of individual policy.
Status: in_force

(a) If any individual insured under a group life insurance policy hereafter delivered in the District becomes entitled under the terms of such policy to have an individual policy of life insurance issued to him without evidence of insurability, subject to making of application and payment of the 1st premium within the period specified in such policy, and if such individual is not given notice of the existence of such right at least 15 days prior to the expiration date of such period, then, in such event, the individual shall have an additional period within which to exercise such right, but nothing herein contained shall be construed to continue any insurance beyond the period provided in such policy. This additional period shall expire 15 days next after the individual is given such notice but in no event shall such additional period extend beyond 60 days next after the expiration date of the period provided in such policy. Written notice presented to the individual or mailed by the policyholder to the last known address of the individual or mailed by the insurer to the last known address of the individual as furnished by the policyholder shall constitute notice for the purpose of this subsection.
(b) Except as provided in this chapter it shall be unlawful to make a contract of life insurance for a group in the District.
D.C. Code § 31-1605 — DC Code / Title 31 / Chapter 16 / § 31-1605
§ 31-1605. Diagnosis of AIDS.
Status: in_force

(a) Nothing in this chapter shall be construed as preventing or restricting insurers or their agents or employees from following standard procedures for determining the insurability of or establishing the rates or premiums for new applicants diagnosed by a licensed physician as having AIDS, provided that the procedures:
  (1) Apply in the same manner to all other new applicants within the same category of insurance;
  (2) Are justified on the basis of actuarial evidence; and
  (3) Comply with other laws and rules of the District.
(b) Repealed.
D.C. Code § 31-905.01 — DC Code / Title 31 / Chapter 9 / § 31-905.01
§ 31-905.01. Acquiring, offering securities issued in connection with a plan of conversion.
Status: in_force

Prior to implementation of a plan of conversion adopted by a mutual company, no person shall knowingly acquire, or make any offer, or make any announcement of an offer, for any security issued, or to be issued, by the mutual company in connection with its plan of conversion, or for any security issued by any other company authorized as an alternative for purposes of effecting the conversion pursuant to § 31-906(e) , except in compliance with the maximum purchase limitations imposed by § 31-906(l) or the terms of the plan of conversion as approved by the Commissioner.
D.C. Code § 31-1131.04 — DC Code / Title 31 / Chapter 11A / § 31-1131.04
§ 31-1131.04. Exceptions to licensing.
Status: in_force

(a) This chapter shall not require an insurer to obtain an insurance producer license. For the purposes of this section, the term “insurer” shall not include an insurer’s officers, directors, employees, subsidiaries, or affiliates.
(b) The following persons shall not be required to be licensed as an insurance producer:
  (1) An officer, director, or employee of an insurer or of an insurance producer; provided, that:
    (A) The officer, director, or employee does not receive any commission on policies written or sold to insure risks residing, located, or to be performed in the District; and
    (B) (i) The officer, director, or employee’s activities are executive, administrative, managerial, clerical, or a combination of these, and are only indirectly related to the sale, solicitation, or negotiation of insurance;
      (ii) The officer, director, or employee’s function relates to underwriting, loss control, inspection, or the processing, adjusting, investigating, or settling of a claim on a contract of insurance; or
      (iii) The officer, director, or employee is acting in the capacity of a special agent or agency supervisor assisting insurance producers, the person’s activities are limited to providing technical advice and assistance to licensed insurance producers, and the person’s activities do not include the sale, solicitation, or negotiation of insurance;
  (2) If no commission is paid for the service, a person who:
    (A) Secures and furnishes information for the purpose of:
      (i) Selling group life insurance, group property and casualty insurance, group annuities, or group or blanket accident and health insurance;
      (ii) Enrolling individuals under plans; or
      (iii) Issuing certificates under plans or otherwise assisting in administering plans; or
    (B) Performs administrative services related to mass-marketed property and casualty insurance;
  (3) An employer or association, its officers, directors, employees, or the trustees of an employee trust plan, to the extent that the employers, officers, employees, directors, or trustees are engaged in the administration or operation of a program of employee benefits for the employer’s or association’s own employees or the employees of its subsidiaries or affiliates, which program involves the use of insurance issued by an insurer; provided, that the employers, associations, officers, directors, employees, or trustees are not in any manner compensated, directly or indirectly, by the company issuing the contracts;
  (4) Employees of insurers or organizations employed by insurers who are:
    (A) Engaging in:
      (i) The inspection, rating, or classification of risks; or
      (ii) The supervision of the training of insurance producers; and
    (B) Are not individually engaged in the sale, solicitation, or negotiation of insurance;
  (5) A person whose activities in the District are limited to advertising, without the intent to solicit insurance in the District, through communications in printed publications or other forms of electronic mass media; provided, that the person does not sell, solicit, or negotiate insurance that would insure risks of persons residing in, located in, or activities to be performed in the District;
  (6) A person who is not a resident of the District who sells, solicits, or negotiates a contract of insurance for commercial property and casualty risks to an insured with risks located in more than one state insured under that contract; provided, that the person is otherwise licensed as an insurance producer to sell, solicit, or negotiate that insurance in the state where the insured maintains its principal place of business and the contract of insurance insures risks located in that state; or
  (7) A salaried full-time employee who counsels or advises his or her employer relative to the insurance interests of the employer or of the subsidiaries or business affiliates of the employer; provided, that the employee does not sell or solicit insurance or receive a commission.
D.C. Code § 31-3932.09 — DC Code / Title 31 / Chapter 39A / § 31-3932.09
§ 31-3932.09. Dividends and distributions.
Status: in_force

(a) Dividends may be declared by the management of an SPFC if the dividends do not violate the provisions of this subchapter or jeopardize the fulfillment of the obligations of the SPFC or the trustee pursuant to the SPFC insurance securitization agreements, the SPFC contract, or any related transaction documents and other provisions of this subchapter.
(b) An SPFC shall not declare or pay dividends in any form other than in accordance with the insurance securitization transaction agreements and shall not declare or pay dividends which decrease the capital and surplus of the SPFC below $250,000.
(c) An SPFC or protected cell of an SPFC shall not pay dividends out of, or make any other distribution out of, its capital or surplus, or both, unless the SPFC or protected cell has obtained the prior written approval of the Commissioner to make the payment or distribution. After giving effect to the dividends, the assets of the SPFC, including assets held in trust pursuant to the terms of the insurance securitization, shall be sufficient to satisfy the Commissioner that the SPFC can meet its obligations.
(d) The Commissioner may approve an ongoing plan for the payment of dividends or other distributions by an SPFC or protected cell of an SPFC. Approval by the Commissioner of an ongoing plan for the payment of dividends or other distribution shall be conditioned upon the retention, at the time of each payment, of capital and surplus equal to or in excess of amounts specified by, or determined in accordance with formulas approved for the SPFC or protected cell by, the Commissioner.
D.C. Code § 31-5607.06 — DC Code / Title 31 / Chapter 56 / § 31-5607.06
§ 31-5607.06. Consent to service of process.
Status: in_force

(a) An applicant for licensure or registration under this chapter, and every issuer that proposes to offer a security in the District through any person acting as an agent, shall file with the Commissioner, in such form as may be prescribed by rule, an irrevocable consent appointing the Commissioner to be the person’s attorney to receive service of any lawful process in any non-criminal suit, action, or proceeding against the person or the person’s successor, executor or administrator which arises under this chapter, or any rule or order hereunder, after the consent is filed, with the same force and validity as if served personally on the person filing the consent.
(b) A person who has filed a consent complying with subsection (a) of this section in connection with a previous application for licensing, registration, or notice filing need not file an additional consent.
(c) If any person, including a nonresident of the District, engages in conduct prohibited or made actionable by this chapter or a rule or order hereunder, and the person has not filed a consent to service of process under subsection (a) of this section, and personal jurisdiction over the person cannot otherwise be obtained in the District, the conduct shall be deemed the person’s appointment of the Commissioner to be the person’s attorney to receive service of any lawful process in any non-criminal suit, action, or proceeding against the person or the person’s successor, executor or administrator, which grows out of the conduct and which is brought under this chapter, or a rule or order adopted under this chapter, with the same force and validity as if served on the person personally.
(d) Service under subsection (a) or (c) of this section may be made by leaving a copy of the process in the Commissioner’s office, but it shall not be effective unless:
  (1) The plaintiff, who may be the Commissioner in a suit, action, or proceeding instituted by the Commissioner, sends notice of the service and a copy of the process by registered or certified mail to the defendant or respondent at that person’s last address on file with the Commissioner, or takes other steps reasonably calculated to give actual notice; and
  (2) The plaintiff’s affidavit of compliance with this subsection is filed on or before the return day of the process, if any, or within such further time as the court or the Commissioner, in a proceeding before the Commissioner, allows.
(e) Service as provided in subsection (d) of this section may be utilized in a proceeding before the Commissioner or by the Commissioner in a proceeding in which the Commissioner is the moving party.
(f) When process is served under this section, the court, or the Commissioner, in a proceeding before the Commissioner, shall order such continuance as may be necessary to afford the defendant or respondent reasonable opportunity to defend.
D.C. Code § 31-707.01 — DC Code / Title 31 / Chapter 7 / § 31-707.01
§ 31-707.01. Supervisory Colleges.
Status: in_force

(a) With respect to any insurer registered under § 31-705 , and in accordance with subsection (c) of this section, the Mayor shall have the power to participate in a supervisory college for any domestic insurer that is part of an insurance holding company system with international operations in order to determine compliance by the insurer with this subchapter. The powers of the Mayor with respect to supervisory colleges shall include the following:
  (1) Initiating the establishment of a supervisory college;
  (2) Clarifying the membership and participation of other supervisors in the supervisory college;
  (3) Clarifying the functions of the supervisory college and the role of other regulators, including the establishment of a group-wide supervisor;
  (4) Coordinating the ongoing activities of the supervisory college, including planning meetings, supervisory activities, and processes for information sharing; and
  (5) Establishing a crisis management plan.
(b) Each registered insurer subject to this section shall be liable for and shall pay the reasonable expenses of the Mayor’s participation in a supervisory college in accordance with subsection (c) of this section, including reasonable travel expenses. For the purposes of this section, a supervisory college may be convened as either a temporary or permanent forum for communication and cooperation between the regulators charged with the supervision of the insurer or its affiliates, and the Mayor may establish a regular assessment to the insurer for the payment of these expenses.
(c) To assess the business strategy, financial position, legal and regulatory position, risk exposure, risk management, and governance processes, and as part of the examination of individual insurers, in accordance with § 31-707 , the Mayor may participate in a supervisory college with other regulators charged with supervision of the insurer or its affiliates, including other state, federal, and international regulatory agencies. The Mayor may enter into agreements in accordance with § 31-708(c) providing the basis for cooperation between the Mayor and the other regulatory agencies, and the activities of the supervisory college.
(d) Nothing in this section shall delegate to the supervisory college the authority of the Mayor to regulate or supervise the insurer or its affiliates within its jurisdiction.
D.C. Code § 31-1631.12 — DC Code / Title 31 / Chapter 16A / § 31-1631.12
§ 31-1631.12. Scope.
Status: in_force

This chapter shall not apply to:
(1) An adjuster for or an agent or employee of an insurer or group of insurers under common control or ownership that, as a representative of the insurer or group, adjusts losses or damages under policies issued by the insurer or group;
(2) A broker that acts as an adjuster without compensation for an insured for whom the broker is acting as a broker;
(3) An attorney at law who does not:
  (A) Regularly act as a public insurance adjuster; or
  (B) Represent to the public by sign, advertisement, or other written or oral communication indicating that the attorney at law acts as a public insurance adjuster; or
(4) A licensed health care provider, or employee of a licensed health care provider, who prepares or files a health insurance claim form on behalf of a patient, a licensed insurance agent, or salaried employee of an insurance company.
D.C. Code § 31-5601.01 — DC Code / Title 31 / Chapter 56 / § 31-5601.01
§ 31-5601.01. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Accredited investor” shall have the same meaning as in section 2(a)(15) of the Securities Act of 1933, approved May 27, 1933 (48 Stat. 74; 15 U.S.C. § 77b(a)(15)), or any other person that the Securities and Exchange Commission may so designate by rule, regulation, or order.
(1A) “Advertisement” means a publicly disseminated, written, or printed communication, including by radio, television, Internet, or other public media, used in connection with a sale or purchase, or an offer to sell or purchase, a security.
(2) “Affiliate” of, or a person “affiliated” with, a specified person, means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, the person specified.
(3) (A) “Agent” means an individual, other than a broker-dealer, who represents a broker-dealer or issuer in effecting, or attempting to effect, purchases or sales of securities. The term “agent” shall not include:
    (i) An individual who represents a broker in effecting transactions in the District of Columbia (“District”) limited to transactions described in section 15(h)(2) of the Securities Exchange Act of 1934 [15 U.S.C. § 78o(h)(2)];
    (ii) An individual who represents an issuer in effecting transactions in a security exempted by § 31-5604.01(1) , (2), (3), (4), (5), (6), (7), (8), (9), or (10);
    (iii) An individual who represents an issuer in effecting transactions exempted by § 31-5604.02 ;
    (iv) An individual who represents an issuer in effecting a transaction in a covered security as described in section 18(b)(3) and (b)(4)(D) of the Securities Act of 1933 [15 U.S.C. § 77r];
    (v) An individual who represents an issuer in effecting transactions with existing employees, partners, or directors of the issuer if no commission or other remuneration is paid or given, directly or indirectly, for soliciting a person in the District; or
    (vi) A person not within the intent of this paragraph as the Commissioner may, by rule or order, determine.
  (B) A partner, including a general partner, officer, or director of a broker-dealer or issuer, or a person occupying a similar status or performing similar functions, is an agent only if (i) the person otherwise comes within this definition, and (ii) any compensation that he or she receives is directly or indirectly related to purchases or sales of securities.
(4) “Broker-dealer” means a person engaged in the business of effecting offers, purchases, or sales in securities for the account of others or for his or her own account. The term “broker-dealer” shall not include:
  (A) An agent;
  (B) An issuer, except when effecting purchases, offers, or sales other than with respect to the offer or sale of the issuer’s own securities;
  (C) A depository institution to the extent that the depository institution is a bank under section 3(a)(4)(B) and (C) of the Securities Exchange Act of 1934, approved June 6, 1934 (48 Stat. 881; 15 U.S.C. § 78c(a)(4)(B) and (C)); or
  (D) A person who has no place of business in the District if:
    (i) The person effects, whether acting for itself or as trustee, transactions in the District exclusively with or through the issuers of the securities involved in the transactions; a depository institution; another broker-dealer; an insurance company; an investment company as defined in the Investment Company Act of 1940; a pension or profit-sharing trust; or other financial institution or institutional investor; or
    (ii) The person is licensed under the securities law of a state in which the person maintains a place of business and the person offers and sells in the District to a person who is an existing customer of the person.
(4A) “Canadian broker-dealer” means a broker-dealer that has its principal office in a province or territory of Canada.
(5) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.
(6) “Commodity Exchange Act” means the Commodity Exchange Act, approved September 21, 1922 (42 Stat. 998; 7 U.S.C. § 1 et seq.).
(7) “Control”, including the terms “controlling”, “controlled by”, and “under common control with”, means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a person, whether through the ownership of voting securities, by contract, or otherwise.
(8) “Department” means the Department of Insurance, Securities, and Banking.
(9) (A) “Depository institution” means:
    (i) A person that is organized, chartered, or holds an authorization certificate under the laws of a state or of the United States to receive deposits, including a savings, share, certificate, or deposit account, and that is supervised and examined for the protection of depositors by an official or agency of a state or the United States; and
    (ii) A trust company or other institution that is authorized by federal or state law to exercise fiduciary powers of the type that a national bank is permitted to exercise under the authority of the Comptroller of the Currency and is supervised and examined by an official or agency of a state or the United States.
  (B) The term “depository institution” shall not include an insurance company or other organization primarily engaged in the insurance business or a Morris Plan bank, industrial loan company, or a similar bank or company unless its deposits are insured by a federal agency.
(10) “Federal covered adviser” means a person who is registered, or required to be registered, under section 203 [ § 31-5602.03 ] of the Investment Advisers Act of 1940. The term “federal covered adviser” shall not include a person who is not an investment adviser as defined under paragraph 17(B)(ii) through (xiii) of this section.
(11) “Federal covered security” means a security which is a covered security under section 18(b) of the Securities Act of 1933 [15 U.S.C. § 77r] or the rules and regulations promulgated thereunder.
(12) “Filed” means the actual delivery of a document or application to the Commissioner or designee of the Commissioner or to the principal office of the Commissioner.
(13) “Financial or institutional investor” means any of the following, whether acting for itself or others in a fiduciary capacity:
  (A) A depository institution;
  (B) An insurance company;
  (C) A separate account of an insurance company;
  (D) An investment company registered under the Investment Company Act of 1940;
  (E) A business development company as defined in the Investment Company Act of 1940;
  (F) An employee pension, profit-sharing, or benefit plan if:
    (i) The plan has total assets in excess of $5 million; or
    (ii) Its investment decisions are made by a named fiduciary, as defined in the Employee Retirement Income Security Act of 1974, that is either a broker-dealer registered under the Securities Exchange Act of 1934, an investment adviser registered or exempt from registration under the Investment Advisers Act of 1940, a depository institution, or an insurance company;
  (G) A “qualified institutional buyer” as defined in SEC Rule 144A, 17 C.F.R. § 230.144A;
  (H) A broker-dealer;
  (I) An accredited investor as defined in SEC Rule 501(a), 17 C.F.R. § 230.501(a);
  (J) A limited liability company with net assets of at least $500,000.
  (K) Repealed.
(14) “Fraud”, “deceit”, and “defraud” are not limited to common law fraud or deceit.
(15) “Guaranteed” means guaranteed as to payment of all, or substantially all, of principal and interest or dividends.
(16) “Insured” means insured as to payment of all, or substantially all, of principal and interest or dividends.
(17) (A) “Investment adviser” means a person who, for compensation (i) engages in the business of advising others as to the value of securities or as to the advisability of investing in, purchasing, or selling securities, or (ii) as a part of a regular business, issues or promulgates analyses or reports concerning securities. The term “investment adviser” shall include financial planners or other persons who, as an integral component of other financially related services, provide investment advisory services to others for compensation, or as a part of a business, hold themselves out as providing investment advisory services to others for compensation.
  (B) The term “investment adviser” shall not include:
    (i) A federal covered adviser;
    (ii) An investment adviser representative;
    (iii) A depository institution or a person employed by, or directly associated with, a depository institution;
    (iv) A lawyer, accountant, engineer, insurance agent or broker, or teacher whose performance of investment advisory services is solely incidental to the practice of the person’s profession;
    (v) A broker-dealer or agent whose performance of investment advisory services is solely incidental to the conduct of business as a broker-dealer and who receives no special compensation for the investment advisory services;
    (vi) A publisher, employee, or columnist of a bona fide newspaper, magazine, or business or financial publication or service, whether communicated in printed form, by electronic means, or otherwise, with a regular paid circulation;
    (vii) A publisher of a securities advisory newsletter, whether communicated in printed form, by electronic means, or otherwise, with a regular paid circulation who does not provide advice to subscribers on the basis of their specific investment situations;
    (viii) An author of material included in a newspaper, magazine, publication, or newsletter who is not otherwise an investment adviser or investment adviser representative as defined under this section;
    (ix) A person who provides investment advisory services solely while acting as an investment banker or business broker on behalf of one or more parties to, and in connection with, a transaction or proposed transaction for the transfer of a controlling interest in a business enterprise;
    (x) An official, employee, or representative of the United States, a state, a political subdivision of a state, or an agency or a corporate or other instrumentality of the United States or a state, while acting in such person’s official capacity on behalf of such entity;
    (xi) A person excluded from the definition of “investment adviser” under § 31-5602.02(a)(11)(A) through (F) of the Investment Advisers Act of 1940;
    (xii) A licensed real estate broker or salesperson whose advice to clients relates only to the investment in, or acquisition of, real property; and
    (xiii) Any other person or class of persons not within the intent of this paragraph as the Commissioner, by rule or order, may designate.
(18) “Investment adviser representative” means:
  (A) With respect to an investment adviser licensed or required to be licensed under this chapter, a partner, officer, director, or person occupying a similar status or performing similar functions, or other individual employed by or associated with an investment adviser, except clerical or administrative personnel, who performs any of the following functions:
    (i) Makes any recommendations or otherwise renders advice regarding securities;
    (ii) Manages accounts or portfolios of clients;
    (iii) Determines which recommendation or advice regarding securities should be given;
    (iv) Solicits, offers, or negotiates for the sale of, or sells, investment advisory services; or
    (v) Supervises employees who perform any of the foregoing functions;
  (B) With respect to a federal covered adviser, an individual employed by, or associated with, a federal covered adviser who is an “investment adviser representative” and who has a “place of business” in the District, as those terms are defined by rules promulgated by the Securities and Exchange Commission.
(19) “Investment Advisers Act of 1940” means the Investment Advisers Act of 1940, approved August 22, 1940 (54 Stat. 847; 15 U.S.C. § 80b-1 et seq.).
(20) “Investment Company Act of 1940” means the Investment Company Act of 1940, approved August 22, 1946 (54 Stat. 789; 15 U.S.C. § 80a-1 et seq.).
(21) “Issuer” means a person who issues, or proposes to issue, a security; provided, that with respect to certificates of deposit, voting-trust certificates, collateral-trust certificates, or certificates of interest or shares in an unincorporated investment trust not having a board of directors or persons performing similar functions or of the fixed, restricted management, or unit type, the term “issuer” means the person performing the acts and assuming the duties of depositor or manager under the provisions of the trust or other agreement or instrument under which the security is issued.
(22) “Non-issuer transaction” means a transaction not directly or indirectly for the benefit of the issuer.
(23) “Person” means an individual, a corporation, a partnership, an association, a joint-stock company, a limited liability company, a trust where the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government, or a political subdivision of a government.
(24) “Price amendment” means the final federal amendment which includes a statement of: the offering price; underwriting and selling discounts or commissions; amount of proceeds; conversion rates; call prices; and other matters dependent upon the offering price.
(25) “Promoter” includes:
  (A) A person who, acting alone or in concert with one or more other persons, takes the entrepreneurial initiative in founding or organizing the business or enterprise of an issuer;
  (B) An officer or director owning securities of an issuer or a person who owns, beneficially or of record, 10% or more of a class of securities of the issuer if the officer, director, or person acquires any of those securities in a transaction within 3 years before the filing by the issuer of a registration statement under this chapter and the transaction does not possess the indicia of arms-length bargaining; and
  (C) A member of the immediate family of a person identified in subparagraphs (A) or (B) of this paragraph if the family member receives securities of the issuer from that person in a transaction within 3 years before the filing by the issuer of a registration statement under this chapter and the transaction does not possess the indicia of arms-length bargaining.
(26) “Public Utility Holding Company Act of 1935” means the Public Utility Holding Company Act of 1935, approved August 26, 1935 (49 Stat. 838; 15 U.S.C. § 79a et seq.).
(27) “Sale” or “sell” includes every contract to sell, exchange, or dispose of a security or interest in a security for value. In this context:
  (A) “Offer” or “offer to sell” includes every attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security for value;
  (B) “Offer to purchase” includes every attempt or offer to obtain, or solicitation of an offer to sell, a security or interest in a security for value, but the term shall not include a transaction that is subject to section 14(d) of the Securities Exchange Act of 1934 [15 U.S.C. § 78n];
  (C) A security given or delivered with, or as a bonus on account of, a purchase of securities or any other thing is considered to constitute part of the subject of the purchase and to have been offered and sold for value;
  (D) A gift of assessable stock is deemed to involve an offer and sale;
  (E) A sale or offer of a warrant or right to purchase or subscribe to another security of the same or another issuer, or a sale or offer of a security which gives the holder a present or future right or privilege to convert into another security of the same or another issuer, shall be considered to include an offer of the other security; and
  (F) The terms “offer”, “offer to sell”, “sale”, and “sell” shall not include:
    (i) The creation of a security interest or a loan;
    (ii) A stock dividend, whether the corporation distributing the dividend is the issuer of the stock or not, if nothing of value is given by stockholders for the dividend other than the surrender of a right to a cash or property dividend when each stockholder may elect to take the dividend in cash or property or in stock;
    (iii) An act incident to a vote by security holders, pursuant to the certificate of incorporation or the applicable corporation statute or other controlling statute, a partnership agreement, or the controlling agreement among security holders, on a merger; triangular merger; exchange of securities for securities; consolidation; reclassification of securities; reorganization; or sale of corporate assets in consideration of the issuance of securities of another person other than an individual;
    (iv) An act incident to a judicially approved reorganization in which a security is issued in exchange for one or more bona fide outstanding securities, claims, or property interests, or partly in such exchange and partly for cash; or
    (v) An act as to which the Commissioner finds, by rule or order, that application of this paragraph is not necessary or appropriate for the protection of investors, and the finding is consistent with the public interest and the purposes fairly intended by the policy and provisions of this chapter.
(28) “Securities Act of 1933” means the Securities Act of 1933, approved May 27, 1933 (48 Stat. 74; 15 U.S.C. § 77a et seq.).
(29) “Securities Exchange Act of 1934” means the Securities Exchange Act of 1934, approved June 6, 1934 (48 Stat. 881; 15 U.S.C. § 78a et seq.).
(30) “Securities and Exchange Commission” means the United States Securities and Exchange Commission.
(31) “Security” means any note; stock; treasury stock; bond; debenture; evidence of indebtedness; certificate of interest or participation in a profit-sharing agreement; a limited partnership interest; collateral-trust certificate; preorganization certificate or subscription; transferable share; investment contract; voting-trust certificate; certificate of deposit for a security; fractional undivided interest in an oil, gas, or other mineral lease or in payments out of production under a lease, right, or royalty; a put, call, straddle, or option entered into a national securities exchange relating to foreign currency; a put, call, straddle, or option on a security, certificate of deposit, or group or index of securities, including an interest in or based on the value of any of the foregoing; or an interest or instrument commonly known as a security; or certificate of interest or participation in, temporary or interim certificate for, receipt for, whole or partial guarantee of, or warrant or right to subscribe to or purchase, any of the foregoing. The term “security” shall not include:
  (A) An insurance or endowment policy or annuity contract under which an insurance company promises to pay a fixed sum of money in a lump sum, periodically for life, or for some other specified period; or
  (B) An interest in a contributory or non-contributory pension or welfare plan subject to the Employee Retirement Income Security Act of 1974, approved September 2, 1974 (88 Stat. 832; 29 U.S.C. § 1001 et seq.).
(32) “Self-regulatory organization” means a national securities exchange registered under section 6 of the Securities Exchange Act of 1934 [15 U.S.C. § 78f]; a national securities association of brokers and dealers registered under section 15A of the Securities Exchange Act of 1934 [15 U.S.C. § 78o-3 ]; the Municipal Securities Rulemaking Board established under section 15B(b)(1) of the Securities Exchange Act of 1934 [15 U.S.C. § 78o-4 ]; a clearing agency registered under section 17A of the Securities Exchange Act of 1934 [15 U.S.C. § 78q-1 ]; or a futures association under section 21 of the Commodity Exchange Act [7 U.S.C. § 21].
(33) “State” means a state, territory, or possession of the United States, and Puerto Rico.
(34) “Underwriter” means a person who has purchased from an issuer with a view to, or sells for an issuer in connection with, the distribution of a security; participates, or has a direct or indirect participation in, such undertaking; or participates, or has a participation in, the direct or indirect underwriting of such undertaking. The term “underwriter” shall not include a person whose interest is limited to a commission from an underwriter or dealer not in excess of the usual and customary distributor’s or seller’s commission. As used in this paragraph, the term “issuer” shall include a person directly or indirectly controlling, or controlled by, the issuer or a person under direct or indirect common control with the issuer.
D.C. Code § 31-5411 — DC Code / Title 31 / Chapter 54 / § 31-5411
§ 31-5411. Miscellaneous.
Status: in_force

(a) Nothing in this chapter shall be construed to reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer operating under a plan with assessment liability.
(b) (1) Records shall be kept of all negotiations and meetings in which the Association or its representatives are involved in discussing the activities of the Association in carrying out its powers and duties under § 31-5405 .
  (2) Records of negotiations or meetings shall be made public only upon the termination of a liquidation, rehabilitation, or conservation proceeding involving the impaired or insolvent insurer, upon the termination of the impairment or insolvency of the insurer, or upon the order of a court of competent jurisdiction.
  (3) Nothing in this subsection shall limit the duty of the Association to render a report of its activities under this section.
(c) (1) For the purpose of carrying out its obligations under this chapter, the Association shall be deemed to be a creditor of the impaired or insolvent insurer to the extent of assets attributable to covered policies reduced by any amounts to which the Association is entitled as subrogee pursuant to § 31-5405(m) .
  (2) Assets of the impaired or insolvent insurer attributable to covered policies shall be used to continue all covered policies and pay all contractual obligations of the impaired or insolvent insurer as required by this chapter.
  (3) For the purposes of this subsection, assets attributable to covered policies are that proportion of the assets which the reserves that should have been established for the policies bear to the reserves that should have been established for all policies of insurance written by the impaired or insolvent insurer.
(c-1) As a creditor of the impaired or insolvent insurer as established in subsection (c) of this section and consistent with Chapter 13 of this title [ § 31-1301 et seq.], the Association and other similar associations shall be entitled to receive a disbursement of assets out of the marshaled assets, as the assets become available to reimburse it, as a credit against contractual obligations under this chapter. If the liquidator has not, within 120 days of a final determination of insolvency of an insurer by the receivership court, made an application to the court for the approval of a proposal to disburse assets out of marshaled assets to guaranty associations having obligations because of the insolvency, then the Association shall be entitled to make application to the receivership court for approval of its own proposal to disburse the assets.
(d) (1) Prior to the termination of any liquidation, rehabilitation, or conservation proceeding, the court may take into consideration the contribution of the respective parties, including the Association, the shareholders, and policyholders of the insolvent insurer, and any other party with a bona fide interest, in making an equitable distribution of the ownership rights of the insolvent insurer. In such a determination, consideration shall be given to the welfare of the policyholders of the continuing or successor insurer.
  (2) No distribution to stockholders, if any, of an impaired or insolvent insurer shall be made until the total amount of valid claims of the Association, with interest, for funds expended in carrying out its powers and duties under § 31-5405 with respect to the insurer have been fully recovered by the Association.
(e) (1) If an order for liquidation or rehabilitation of an insurer domiciled in the District of Columbia has been entered, the receiver appointed under the order shall have a right to recover on behalf of the insurer, from any affiliate that controlled it, the amount of distributions, other than stock dividends paid by the insurer on its capital stock, made at any time during 5 years preceding the petition for liquidation or rehabilitation subject to the limitations of paragraphs (2) through (4) of this subsection.
  (2) No distribution shall be recoverable if the insurer shows that, when paid, the distribution was lawful and reasonable, and that the insurer did not know, and could not reasonably have known, that the distribution might adversely affect the ability of the insurer to fulfill its contractual obligations.
  (3) (A) Any person who was an affiliate that controlled the insurer at the time the distributions were paid shall be liable up to the amount of distributions he or she received.
    (B) Any person who was an affiliate that controlled the insurer at the time the distributions were declared shall be liable up to the amount of distributions he or she would have received if they had been paid immediately.
    (C) If 2 or more persons are liable with respect to the same distributions, they shall be jointly and severally liable.
  (4) The maximum amount recoverable under this subsection shall be the amount needed in excess of all other available assets of the insolvent insurer to pay the contractual obligations of the insolvent insurer.
  (5) If any person liable under paragraph (3) of this subsection is insolvent, all its affiliates that controlled it at the time the distribution was paid shall be jointly and severally liable for any resulting deficiency in the amount recoverable from the insolvent affiliate.
D.C. Code § 31-3509 — DC Code / Title 31 / Chapter 35 / § 31-3509
§ 31-3509. Reserves.
Status: in_force

(a) Taking into consideration the nature of the policies issued by the corporation, a corporation shall establish and maintain pro rata gross unearned premium reserves, reserves for incurred but unpaid claims (both reported and unreported), reserves for expenses related to settlement of such claims, and other reserves as required for proper reporting of its financial condition or as required under the form of financial statements required of the corporation.
(b) The reserves required under subsection (a) of this section constitute a liability of the corporation in a determination of its financial condition.
D.C. Code § 31-3403.01 — DC Code / Title 31 / Chapter 34 / § 31-3403.01
§ 31-3403.01. Premium tax.
Status: in_force

(a) Effective January 1, 2009, all health maintenance organizations shall pay to the District of Columbia, for each calendar year, a sum of money as taxes equal to 2% of their policy and membership fees and net premium receipts or consideration received in such calendar year, excluding those fees, receipts, or consideration received pursuant to any federal employee health-benefit program or Medicare, on all policies or contracts in the District of Columbia. The premium tax shall be in lieu of all other taxes except:
  (1) Taxes upon real estate; and
  (2) Fees and charges provided for pursuant to this chapter.
(b) The certificate of authority of any health maintenance organization may be revoked for failure to pay the required premium tax.
(c) All revenues generated pursuant to this section shall be collected in a manner prescribed by the Mayor.
(d) Any revenues generated from this section arising from contracts for services under the District’s Medicaid program, DC HealthCare Alliance program, or Healthy DC program shall be deposited in the Healthy DC and Health Care Expansion Fund, established by § 31-3514.02 .
(e) Of all other revenues generated pursuant to this section, 75% shall be deposited in the Healthy DC and Health Care Expansion Fund and 25% shall be deposited in the General Fund of the District of Columbia.
(f) For the purposes of this section, the term, “health maintenance organization” shall include prepaid health plans.
D.C. Code § 31-5232 — DC Code / Title 31 / Chapter 52A / § 31-5232
§ 31-5232. Certification.
Status: in_force

(a) The Commissioner shall begin accepting applications for certification as a Certified Capital Company not later than 150 days after March 10, 2004. An applicant for certification as a Certified Capital Company shall pay a nonrefundable application fee of $15,000 at the time of filing the application with the Commissioner. The Commissioner shall establish by rule or regulation the procedures for making an application for certification as a Certified Capital Company.
(b) From the time of the application to the time of allocation of Premium Tax Credits, the applicant shall have equity capitalization of at least $500,000 that must be in the form of unencumbered cash, marketable securities, or other liquid assets.
(c) The Commissioner shall review the organizational documents of each applicant for certification and the business history of the applicant and shall determine whether the applicant’s cash, marketable securities, and other liquid assets meet the requirements of subsection (b) of this section. As part of its application, each applicant shall submit to the Commissioner its balance sheet, audited with an unqualified opinion of an independent certified public accountants, that is dated no earlier than 35 days prior to the date the application is filed under subsection (a) of this section.
(d) The applicant shall certify that the Certified Capital Company does or will, following certification, maintain its principal office within the District and shall commit to maintain a set of its books, records, files, and any other information required by the Commissioner as a condition of certification or as required by rule or regulation.
(e) The Commissioner shall verify that at least 2 principals of the Certified Capital Company or at least 2 persons employed or engaged to manage the funds of the Certified Capital Company each have 3 or more years of experience in the venture capital industry.
(f) Any offering material involving the sale of securities of the Certified Capital Company shall include the following statement:
“By authorizing the formation of a Certified Capital Company, the District of Columbia does not necessarily endorse the quality of management or the potential for earnings of such company and is not liable for any damages or losses to any investor in the company. Use of the word ‘certified’ in any offering material does not constitute a recommendation or endorsement of the investment by the District of Columbia, its officers, employees, or agents. Upon a violation of the Certified Capital Companies Act of 2003 [Chapter 52A of Title 31 of the D.C. Official Code, § 31-5231 et seq.], the District of Columbia may require forfeiture of unused Premium Tax Credits and repayment of used Premium Tax Credits.”
(g) Within 30 days of receipt of a complete application, the Commissioner shall issue the certification or shall provide the applicant with notice of the disapproval of the certification that shall communicate in detail to the applicant the grounds for the refusal, including suggestions for curing any defects in the application. If an applicant submits an amended application within 15 days of receipt of refusal by the Commissioner, the Commissioner shall have 15 days from the receipt of the complete amended application by which to communicate its approval or refusal of the amended application to the applicant. The Commissioner shall review and approve or reject applications in the order complete applications are received.
(h) No insurance company or any Affiliate of an insurance company shall, directly or indirectly, own (whether through rights, options, convertible interests, or otherwise) 15% or more of the voting equity interests, or other voting ownership interests of or manage a Certified Capital Company or control the direction of investments for a Certified Capital Company. This provision shall not preclude a Certified Investor, insurance company, or any other person from exercising its legal rights and remedies (which may include interim management of a Certified Capital Company): (1) if a Certified Capital Company is in default of its statutory obligations or its contractual obligations to the Certified Investor, insurance company, or other person; or (2) otherwise insure that the Certified Capital Company satisfies the requirements of § 31-5235 . Nothing in this section shall limit an insurance company’s ownership of nonvoting equity securities or other nonvoting ownership interests of the Certified Capital Company.
D.C. Code § 31-5604.06 — DC Code / Title 31 / Chapter 56 / § 31-5604.06
§ 31-5604.06. Coordination of exemptions.
Status: in_force

(a) In furtherance of the policy stated in § 31-5601.02(b) , the exemptions under §§ 31-5604.01 , 31-5604.02 , and 31-5604.03 shall be coordinated with exemptions for securities and transactions under the Securities Act of 1933 so that an offering registered under the Securities Act of 1933 shall be subject to registration by filing under this chapter in the absence of an exemption under this chapter, and an offering exempt from registration under the Securities Act of 1933, other than under the exemption for intrastate offerings, shall be exempt from registration under this chapter.
(b) The Commissioner may make, amend, and rescind rules and regulations for exemptions under §§ 31-5604.01 and 31-5604.02 , or added by the Commissioner under § 31-5604.03 , but not contained in the Securities Act of 1933 or any of the rules and regulations promulgated thereunder.
D.C. Code § 31-4426 — DC Code / Title 31 / Chapter 44 / § 31-4426
§ 31-4426. Liability of directors.
Status: in_force

The directors of any company organized under the laws of the District shall be personally liable when they have participated in or assented to any act which shall cause injury to policyholders, creditors, or stockholders resulting from: (1) ultra vires acts; (2) illegal corporate acts done with their connivance, knowledge, or consent; (3) issuing unpaid or part-paid stock and marking or representing it as paid up in full; (4) dividend payments declared whether negligently or purposely impairing the capital stock and minimum surplus; (5) mismanagement; (6) loaning corporate funds to stockholders or discounting their notes out of corporate moneys; (7) making false notices or reports that deceive the public; or, (8) transferring property to officers or stockholders to defraud policyholders or creditors. If any of the directors shall object to declaring a dividend or the payment of the same, and shall, at any time before the time fixed for the payment thereof, file a certificate of their objections in writing with the secretary of the company and with the Commissioner, they shall be exempt from the liability prescribed in this section for dividends declared or paid impairing the capital stock and minimum surplus.
D.C. Code § 31-2231.13 — DC Code / Title 31 / Chapter 22A / § 31-2231.13
§ 31-2231.13. Unfair discrimination and rebates prohibited; property, casualty, and surety insurance.
Status: in_force

(a) No person offering property, casualty, or surety insurance, or an employee or representative thereof, shall pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, as an inducement to insure, or after insurance has been effected, a rebate, discount, abatement, credit, or reduction of the premium named in a policy of insurance, or a special favor or advantage in the dividends or other benefits to accrue thereon, or a valuable consideration or inducement whatsoever, not specified or provided for in the policy, except to the extent provided for in an applicable filing with the Commissioner as allowed by law.
(b) An insured named in a policy, or an employee of the insured, shall not knowingly receive, offer, or accept, directly or indirectly, a rebate, discount, abatement, credit, or reduction of premium, or a special favor or advantage or valuable consideration or inducement, as proscribed by subsection (a) of this section.
(c) No insurer shall make or permit an unfair discrimination between insured property having like insuring or risk characteristics, in the premium or rates charged for insurance, in the dividends or other benefits payable thereon, or in any other of the terms and conditions of the insurance.
(d) Notwithstanding any other provision in this section, an insurer shall not make or permit a differential in ratings, premium payments, or dividends based on the marital status, race, color, personal appearance, sexual orientation, gender identity or expression, matriculation, or political affiliation of an applicant or policy holder unless there is actuarial justification for the differential. For the purposes of this subsection, the term “matriculation” shall have the same meaning as in § 2-1401.02(18) . Nothing in this section shall limit or otherwise restrict any discount, rating, or credit program filed with the Commissioner.
(e) Nothing in this section shall be construed as prohibiting the payment of commissions or other compensation to duly licensed agents or brokers or as prohibiting any insurer from allowing or returning to its participating policyholders, members or subscribers, lawful dividends, savings, or unabsorbed premium deposits.
(f) No person shall commit or permit an unfair discrimination between individuals or risks of the same class and of essentially the same hazard by refusing to insure, refusing to renew, canceling, or limiting the amount of insurance coverage on a property or casualty risk solely because of the geographic location of the individual or risk, unless the action is for a sound business purpose that is not a mere pretext for unfair discrimination, or unless the refusal, cancellation, or limitation is required by law or regulatory mandate.
(g) No person shall commit or permit an unfair discrimination between individuals or risks of the same class and of essentially the same hazard by refusing to insure, refusing to renew, canceling, or limiting the amount of insurance coverage on the residential property risk, or the personal property contained in a residential property risk, solely because of the age of the residential property.
(h) (1) For purposes of § 31-2231.12 or this section, the term “valuable consideration” shall not include any educational materials, promotional materials, or articles of merchandise that cost less than $75, regardless of whether a policy or contract is purchased.
  (2) For the purposes of this section, the term “insurance” shall include suretyship and the term “policy” shall include a bond.
  (3) This section shall not apply to wet marine and transportation insurance.
D.C. Code § 31-3524 — DC Code / Title 31 / Chapter 35 / § 31-3524
§ 31-3524. Rules and regulations.
Status: in_force

The Mayor, in accordance with subchapter I of Chapter 5 of Title 2 , shall issue rules to implement the provisions of this chapter.
D.C. Code § 31-3109 — DC Code / Title 31 / Chapter 31 / § 31-3109
§ 31-3109. Filing and rate requirements.
Status: in_force

(a) (1) Notwithstanding the provisions of any other law, any health insurer that issues health benefits plan or certificates in the District shall file with the Commissioner all rates and rating plans, rules, and classifications that it proposes to use in providing or offering the coverage required by this chapter.
  (2) Each health insurer shall initially file the documents required by this section no later than 120 days after the effective date of rules issued pursuant to § 31-3111 and shall thereafter file any changes in rates and rating plans, rules, and classifications related to the coverage required by this chapter in a timely manner in accordance with rules issued by the Commissioner.
  (3) The Commissioner shall make the documents filed pursuant to this section available for public inspection during normal business hours.
(b) (1) The rates and charges filed pursuant to subsection (a) of this section shall be subject to review by the Commissioner for a period of 90 calendar days from the date of filing. If after 90 days the Commissioner has not made a final determination on the final rates or charges proposed, the health insurer may begin charging the proposed rate. The rates and charges shall remain in effect unless and until, in accordance with the provisions of this section, changed by the health insurer or disapproved by the Commissioner.
  (2) Except as otherwise provided in § 31-3110(d)(2) , rates and charges for the coverage required by this chapter shall not be excessive and shall be reasonably related to the cost of providing the coverage based on the following factors:
    (A) Past and prospective experience within the covered group, or within the geographic region of the District or other regions, concerning the proportion of beneficiaries who use the coverage and the average duration of use;
    (B) Usual, customary, and reasonable charges by providers of treatment for drug abuse, alcohol abuse, and mental illness within the District or other regions; and
    (C) Past and prospective experience within the covered group, or within the geographic region of the District or other regions, concerning claims filed or services required for physical diseases and disorders by beneficiaries who obtain treatment for drug abuse, alcohol abuse, or mental illness or whose household includes an individual who has obtained treatment for drug abuse, alcohol abuse, or mental illness.
  (3) Rates and charges for the coverage required by this chapter may include a reasonable margin for underwriting profit and contingencies.
(c) (1) The Commissioner shall review all rates and rating plans, rules, and classifications filed pursuant to this section to determine compliance with this chapter.
  (2) The Commissioner may, following a hearing pursuant to § 2-509 , order adjustments in rates and rating plans, rules, and classifications that the Commissioner determines to be excessive or otherwise not in compliance with this chapter. The Commissioner may order the insurer to refund to its policyholders a sum equal to the amount of the rate or charge determined to be excessive.
(d) Nothing in this section shall be construed to require uniformity in rates, classifications, rating plans, or charges.
D.C. Code § 31-1392.01 — DC Code / Title 31 / Chapter 13B / § 31-1392.01
§ 31-1392.01. Mayoral Authority.
Status: in_force

The Mayor is authorized to execute, on behalf of the District of Columbia, an Interstate Insurance Product Regulation Compact in the form substantially as follows:
.
D.C. Code § 31-1324 — DC Code / Title 31 / Chapter 13 / § 31-1324
§ 31-1324. Fraudulent transfer prior to petition.
Status: in_force

(a) Every transfer made or suffered and every obligation incurred by an insurer within 1 year prior to the filing of a successful petition for rehabilitation or liquidation under this chapter is fraudulent as to then existing and future creditors if made or incurred without fair consideration, or with actual intent to hinder, delay, or defraud either existing or future creditors. A transfer made or an obligation incurred by an insurer ordered to be rehabilitated or liquidated under this chapter, which is fraudulent under this section, may be avoided by the receiver, except as to a person who in good faith is a purchaser, lienor, or obligee for a present fair equivalent value, and except that any purchaser, lienor, or obligee, who in good faith has given a consideration less than fair for the transfer, lien, or obligation, may retain the property, lien, or obligation as security for repayment. The court may, on due notice, order such a transfer or obligation to be preserved for the benefit of the estate, and in that event, the receiver shall succeed to and may enforce the rights of the purchaser, lienor, or obligee.
(b) (1) A transfer of property other than real property shall be deemed to be made or suffered when it becomes so far perfected that no subsequent lien obtainable by legal or equitable proceedings on a simple contract could become superior to the rights of the transferee under § 31-1326(c) .
  (2) A transfer of real property shall be deemed to be made or suffered when it becomes so far perfected that no subsequent bona fide purchaser from the insurer could obtain rights superior to the rights of the transferee.
  (3) A transfer which creates an equitable lien shall not be deemed to be perfected if there are available means by which a legal lien could be created.
  (4) Any transfer not perfected prior to the filing of a petition for liquidation shall be deemed to be made immediately before the filing of the successful petition.
  (5) The provisions of this subsection apply whether or not there are or were creditors who might have obtained any liens or persons who might have become bona fide purchasers.
(c) Any transaction of the insurer with a reinsurer shall be deemed fraudulent and may be avoided by the receiver under subsection (a) of this section if:
  (1) The transaction consists of the termination, adjustment, or settlement of a reinsurance contract in which the reinsurer is released from any part of its duty to pay the originally specified share of losses that had occurred prior to the time of the transactions, unless the reinsurer gives a present fair equivalent value for the release; and
  (2) Any part of the transaction took place within 1 year prior to the date of filing of the petition through which the receivership was commenced.
(d) 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.C. Code § 31-1356 — DC Code / Title 31 / Chapter 13 / § 31-1356
§ 31-1356. Interstate priorities.
Status: in_force

(a) In a liquidation proceeding in the District involving 1 or more reciprocal states, the order of distribution of the domiciliary state shall control as to all claims of residents of this and reciprocal states. All claims of residents of reciprocal states shall be given equal priority of payment from general assets regardless of where the assets are located.
(b) The owners of special deposit claims against an insurer for which a liquidator is appointed in this or any other state shall be given priority against the special deposits in accordance with the statutes governing the creation and maintenance of the deposits. If there is a deficiency in any deposit so that the claims secured by it are not fully discharged from it, the claimants may share in the general assets, but the sharing shall be deferred until general creditors, and also claimants against other special deposits who have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit.
(c) The owner of a secure claim against an insurer for which a liquidator has been appointed in this or any other state may surrender his or her security and file his or her claim as a general creditor, or the claim may be discharged by resort to the security in accordance with § 31-1339 , in which case the deficiency, if any, shall be treated as a claim against the general assets of the insurer on the same basis as claims of unsecured creditors.
D.C. Code § 31-5603.09 — DC Code / Title 31 / Chapter 56 / § 31-5603.09
§ 31-5603.09. Withdrawal and abandonment.
Status: in_force

(a) A registration statement may be withdrawn, at the discretion of the Commissioner, after receipt by the Commissioner of an application to withdraw, unless a revocation or suspension proceeding is pending when the withdrawal application is filed.
(b) If a proceeding is pending or instituted, withdrawal shall be effective at the time and upon the conditions that the Commissioner, by order, determines. If no proceeding is pending or instituted and withdrawal becomes effective, the Commissioner may institute a proceeding under § 31-5603.06 and enter an order as of the last date on which the registration was effective.
(c) A registration statement that has not been made effective within one year of the initial filing may be deemed abandoned by the Commissioner.
D.C. Code § 31-2703.01 — DC Code / Title 31 / Chapter 27 / § 31-2703.01
§ 31-2703.01. Additional requirements for insurers.
Status: in_force

(a) A medical malpractice insurer or a medical professional liability insurer shall not take an adverse action, including refusing to issue or renew a medical malpractice or medical professional liability policy, charging a higher rate for a medical malpractice or medical professional liability policy, canceling or terminating a medical malpractice or medical professional liability policy, or imposing any sanctions, fines, penalties, or rate increases, against a health care practitioner based solely on the fact that:
  (1) The health care practitioner provided, facilitated, aided, or assisted, or attempted to provide, facilitate, aid, or assist (collectively "assistance") a patient or client with reproductive health care or gender-affirming care, except to the extent that the assistance is prohibited under District law; or
  (2) The health care practitioner's license, registration, or certification in another state had been revoked, suspended, or restricted based solely on the provision or facilitation of assistance to a patient or client with reproductive health care or gender-affirming care, except to the extent that the provision or facilitation of assistance of such care is prohibited under District law.
(b) This section shall apply regardless of where the patient or client resides, including if the patient or client is a resident of a state where the provision or facilitation of certain reproductive health care or gender-affirming care is illegal.
(c) Nothing in this section shall prohibit a medical malpractice insurer or a medical professional liability insurer from taking an adverse action against a health care practitioner for providing care that would otherwise constitute professional misconduct in the District.
(d) For the purposes of this section, the term:
  (1) "Gender-affirming care" shall have the same meaning as provided in § 2-1401.02(12A) .
  (2) "Health care practitioner" means an individual, groups of individuals, partnership, or corporation, including a health care facility, that is licensed, certified, or otherwise authorized by law to provide professional health care services in the District to an individual.
  (3) "Medical professional liability insurer" means an insurer licensed to provide insurance coverage for claims brought against health care practitioners.
  (4) "Reproductive health care" means all supplies, care, and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative, or supportive nature, including medication, relating to pregnancy, contraception, assisted reproduction, pregnancy loss management, or the termination of a pregnancy, in accordance with the applicable standard of care as defined by major medical professional organizations and agencies with expertise in the relevant field.
(e) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 , shall issue rules to implement the provisions of this section.
D.C. Code § 31-2502.09 — DC Code / Title 31 / Chapter 25 / § 31-2502.09
§ 31-2502.09. Making or publishing material false statements.
Status: in_force

Any director, officer, agent, or employee of any company who subscribes to, makes or concurs in making or publishing any annual or other statement required by law, knowing the same to contain any material statement which is false, shall be fined not more than $5,000 or imprisoned for not more than 5 years, or both.
D.C. Code § 31-3451.10 — DC Code / Title 31 / Chapter 34A / § 31-3451.10
§ 31-3451.10. Supplemental provisions; rules; exemption.
Status: in_force

(a) This chapter shall supplement the other provisions of the laws of the District and shall not preclude or limit any other powers or duties of the Commissioner under such laws, including Chapter 34 of this title and Chapter 13 of this title .
(b) The Commissioner may promulgate regulations to implement this chapter.
(c) The Commissioner may exempt from the application of this chapter a domestic health organization that:
  (1) Writes direct business only in the District;
  (2) Assumes no reinsurance in excess of 5% of direct premium written; and
  (3) Writes direct annual premiums for comprehensive medical business of $2 million or less.
D.C. Code § 31-3171.05 — DC Code / Title 31 / Chapter 31D / § 31-3171.05
§ 31-3171.05. Executive board establishment and membership.
Status: in_force

(a) There is established an executive board to govern the Authority consisting of:
  (1) Seven voting members, who shall be residents of the District of Columbia, appointed by the Mayor, with the advice and consent of the Council pursuant to § 1-523.01(f) .
  (2) Four nonvoting, ex-officio members, or their designees, who shall be the:
    (A) Director of the Department of Health Care Finance;
    (B) Commissioner of the Department of Insurance, Securities and Banking;
    (C) Director of the Department of Health; and
    (D) Director of the Department of Human Services.
(b) (1) Members of the executive board, other than an ex-officio member, shall be appointed for a term of 4 years, except that for the initial appointments:
    (A) Two shall be for a term of 2 years;
    (B) One shall be for a term of 3 years;
    (C) Two shall be for a term of 4 years; and
    (D) Two shall be for a term of 5 years.
  (2) (A) A member of the executive board may continue to serve until his or her successor has been approved by the Council and appointed by the Mayor.
    (B) Vacancies shall be filled by Mayoral appointment for the unexpired term in the same manner of the original appointment.
    (C) A member of the executive board, upon findings by the Mayor, may be removed for incompetence, misconduct, or failure to perform the duties of the position.
(c) (1) Each person appointed to the executive board as a voting member shall have demonstrated and acknowledged expertise in at least 2 of the following areas:
    (A) Individual or small employer health care coverage;
    (B) Health benefits plan administration;
    (C) Health care finance;
    (D) Administering a public or private health care delivery system;
    (E) Purchasing health plan coverage;
    (F) Prior experience in commercial insurance management;
    (G) Actuarial analysis;
    (H) Health care economics;
    (I) Human services administration;
    (J) Health care consumer interest advocacy;
    (K) Public health programs; or
    (L) Enrolling individuals into health benefit plans.
  (2) The Mayor shall consider the expertise of each of the members of the executive board and attempt to make appointments so that the executive board’s composition reflects a diversity of expertise.
  (3) At least one voting member of the executive board shall have demonstrated knowledge in health care consumer interest advocacy.
(d) Each member of the executive board shall have the responsibility and duty to meet the requirements of this chapter, the Federal Act, and all applicable District and federal laws and regulations, to serve the public interest of the individuals and small businesses seeking health care coverage through the exchanges, and to ensure the operational effectiveness and fiscal solvency of the Authority.
(e) The executive board shall elect a chairperson on an annual basis.
(f) Executive board members shall receive no compensation for their services but shall receive actual and necessary expenses incurred in the performance of their official duties.
(g) The Mayor shall nominate a majority of the executive board members within 90 days of March 2, 2012.
D.C. Code § 31-3103 — DC Code / Title 31 / Chapter 31 / § 31-3103
§ 31-3103. Drug abuse and alcohol abuse benefits.
Status: in_force

(a) Covered benefits for services set forth in this section shall be limited to coverage of treatment of clinically significant substance use disorders identified in the most recent edition of the International Classification of Diseases or of the Diagnostic and Statistical Manual of the American Psychiatric Association.
(b) (1) The process whereby a person who is intoxicated by or dependent on drugs or alcohol or both is assisted through the period of time necessary to eliminate the intoxicating agent from the body, while keeping the physiological risk to the patient at a minimum, shall be a covered benefit.
  (2) Treatment under this subsection shall be covered pursuant to § 31-3102 for a minimum of 12 days annually.
(c) (1) Additional treatment as a covered benefit under this chapter shall be provided by a hospital, a nonhospital residential facility, an outpatient treatment facility, a physician, a psychologist, an advanced practice registered nurse, or a social worker, and shall include inpatient services, outpatient services, or any combination of these, certified as necessary by a physician, psychologist, advanced practice registered nurse, or social worker.
  (2) Treatment under this subsection shall be covered pursuant to § 31-3102 for a minimum of 60 days per year for inpatient or residential care in a hospital or nonhospital residential facility and at a minimum rate of 75% for the first 40 outpatient visits per year and at a minimum rate of 60% for any outpatient visits thereafter for that year.
(d) Treatment regimens which include psychiatric, psychological, and other prescribed interventions shall be a covered benefit.
(e) (1) A group or individual health benefit plan, other than a long-term care policy, disability income policy, or supplemental policy covering a specified disease or other limited benefit unrelated to medical expenses, that is delivered, issued for delivery, or renewed in the District of Columbia shall not exclude the payment of benefits as set forth in the certificate of coverage for illnesses, injuries, or conditions sustained by an insured person because the insured was intoxicated or under the influence of any narcotic. This subsection shall not preclude a health insurer from excluding coverage for an insured individual for any illness, injury, or condition that is the direct result of the commission of a felony by the insured person.
  (2) The Mayor may promulgate rules and regulations as are necessary or appropriate to carry out the provisions of this subsection.
D.C. Code § 31-3708 — DC Code / Title 31 / Chapter 37 / § 31-3708
§ 31-3708. Filing requirements for advertising.
Status: in_force

(a) The Mayor shall establish, by rule, standards for advertising Medicare supplement insurance and benefits in the District.
(b) Each insurer, health care service plan, or other entity that provides Medicare supplement insurance or benefits in the District shall provide the Mayor, for review, a copy of any Medicare supplement advertisement intended for use in the District.
D.C. Code § 31-1401 — DC Code / Title 31 / Chapter 14 / § 31-1401
§ 31-1401. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) Repealed.
(2) “Company” means any person engaging in or proposing or attempting to engage in any transaction or kind of insurance or surety business and any person or group of persons who may otherwise be subject to the insurance laws of the District of Columbia, including fraternal benefit associations and excluding the District of Columbia Life and Health Guaranty Association and the District of Columbia Property and Liability Insurance Guaranty Association.
(2A) “Department” means the Department of Insurance, Securities, and Banking.
(3) “District” means the District of Columbia.
(4) “Examiner” means any individual or firm having been authorized by the Mayor to conduct an examination under this chapter.
(5) “Person” means any individual, aggregation of individuals, trust, association, partnership, or corporation, or any affiliate thereof.
D.C. Code § 31-3171.03 — DC Code / Title 31 / Chapter 31D / § 31-3171.03
§ 31-3171.03. District of Columbia Health Benefit Exchange Authority Fund.
Status: in_force

(a) There is established as a nonlapsing fund the District of Columbia Health Benefit Exchange Authority Fund (“Fund”), which shall be administered by the Authority in accordance with generally accepted accounting principles and which shall be used solely for the purposes set forth in this chapter and the costs of administering this chapter.
(b) The Fund shall consist of:
  (1) Any user fees, licensing fees, or other assessments collected by the Authority;
  (2) Income from investments made on behalf of the Fund;
  (3) Interest on money in the Fund;
  (4) Money collected by the executive board as a result of a legal or other action;
  (5) Donations;
  (6) Grants;
  (7) All general revenue funds appropriated by a line item in the budget submitted pursuant to § 1-204.46 , and authorized by Congress for the purposes of the Authority; and
  (8) Any other money from any other source accepted for the benefit of the Fund.
(c) All revenues, income from investments, proceeds, and other monies, from whatever source derived, that are collected or received by the Authority shall be deposited into the Fund. All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in this chapter without regard to fiscal year limitation, subject to authorization by Congress.
(d) The Chief Financial Officer shall invest the money of the Fund in the same manner as other District money may be invested.
(e) (1) The Authority is authorized to charge, through rulemaking:
    (A) User fees;
    (B) Licensing fees; and
    (C) Other assessments on health carriers selling qualified dental plans or qualified health plans in the District, including qualified health plans and qualified dental plans sold outside the exchanges.
  (2) User fees, licensing fees, or other assessments authorized shall not exceed reasonable projections regarding the amount necessary to support the operations of the Authority.
  (3) The assessment on health carriers pursuant to subsection (f) of this section shall be a tax and licensing and regulatory fee for purposes of 45 CFR §§ 158.221(c) and 158.161(b).
(f) (1) The Authority shall annually assess, through a Notice of Assessment, each health carrier doing business in the District with direct gross receipts of $50,000 or greater in the preceding calendar year an amount based on a percentage of its direct gross receipts for the preceding calendar year. These assessments shall be deposited in the Fund.
  (2) The Authority shall adjust the assessment rate in each assessable year. The amount assessed shall not exceed reasonable projections regarding the amount necessary to support the operations of the Authority.
  (3) Each health carrier shall pay to the Authority the amount stated in the Notice of Assessment within 30 business days after the date of the Notice of Assessment.
  (4) Failure to pay the assessment in accordance with paragraph (3) of this subsection shall subject the health carrier to § 31-1204 .
D.C. Code § 31-4316 — DC Code / Title 31 / Chapter 43 / § 31-4316
§ 31-4316. Deposit of securities by companies desiring to transact business — Type of securities allowed; officials responsible for safekeeping; collection of income; substitution; decline in value.
Status: in_force

(a) When any company is required by this subdivision to make a deposit in the District, such deposit shall be in securities of the class authorized by this subdivision for investments of companies, and shall be delivered by the company to the Executive Secretary of the District and the Auditor of the District, who shall receive and hold the same subject to the lawful orders of the Commissioner, and who shall be responsible for the safekeeping of all securities deposited or delivered under the authority of this section. The company shall have the right to collect the income on deposited securities so long as it continues solvent and complies with the laws of the United States and of the District, and it shall have the right to substitute for such securities other securities, provided such substituted securities are of the character, amount, and value required by this section, and are approved by the Commissioner; provided, that not less than $25,000 of such deposit shall at all times consist of bonds or other evidences of indebtedness of the United States or of any state of the United States, or of any county or incorporated city of any state of the United States, and that securities of a class different from such bonds or other evidences of indebtedness shall not in any case be accepted for deposit except with the specific approval of and at values determined by the Commissioner.
(b) If the value of securities deposited by any company shall decline, the Commissioner may require the company to make a further deposit, in order that the amount and value of the deposit required by this subdivision shall at all times be maintained.
D.C. Code § 31-3153 — DC Code / Title 31 / Chapter 31B / § 31-3153
§ 31-3153. Judicial review; mandamus.
Status: in_force

(a) Any carrier aggrieved by any act, determination, rule, regulation, or order or any other action of the Commissioner pursuant to this chapter, and which was the subject of a contested case, may appeal to the District of Columbia Court of Appeals, in accordance with § 2-510 .
(b) The filing of an appeal pursuant to this section shall not stay the application of any rule, regulation, order, or other action of the Commissioner to the appealing party unless the court, after giving the appealing party notice and an opportunity to be heard, determines that failure to grant the stay would be detrimental to the interest of policyholders, shareholders, creditors, or the public.
(c) Any carrier aggrieved by any failure of the Commissioner to act or make a determination required by this chapter may petition the Superior Court of the District of Columbia for a writ in the nature of a mandamus or a peremptory mandamus directing the Commissioner to act or make the determination forthwith.
D.C. Code § 31-3421 — DC Code / Title 31 / Chapter 34 / § 31-3421
§ 31-3421. Summary orders and supervision.
Status: in_force

(a) Whenever the Commissioner determines that the financial condition of any health maintenance organization is such that its continued operation might be hazardous to its enrollees, creditors, or the general public, or that it has violated any provision of this chapter, the Commissioner may, after notice and hearing, order the health maintenance organization to take such action reasonably necessary to rectify the condition or violation, including, but not limited to, 1 or more of the following:
  (1) Reduce the total amount of present and potential liability for benefits by reinsurance or other method acceptable to the Commissioner;
  (2) Reduce the volume of new business being accepted;
  (3) Reduce expenses by specified methods;
  (4) Suspend or limit the writing of new business for a period of time;
  (5) Increase the health maintenance organization’s capital and surplus by contribution; or
  (6) Take such other steps as the Commissioner may deem appropriate under the circumstances.
(b) For the purposes of this section, a violation by a health maintenance organization of any law of the District to which the health maintenance organization is subject shall be deemed a violation of this chapter.
(c) The Commissioner is authorized, by rules and regulations, to set uniform standards and criteria for early warning that the continued operation of any health maintenance organization might be hazardous to its enrollees, creditors, or the general public and to set standards for evaluating the financial condition of any health maintenance organization, which standards shall be consistent with the purpose expressed in subsection (a) of this section.
(d) The remedies and measures available to the Commissioner under this section shall be in addition to, and not in lieu of, the remedies and measures available to the Commissioner under the provisions of Chapter 13 of this title .
D.C. Code § 31-3608 — DC Code / Title 31 / Chapter 36 / § 31-3608
§ 31-3608. Monthly reports.
Status: in_force

Any time a long-term care benefit which is funded through a life insurance vehicle by the acceleration of the death benefit is in benefit payment status, a monthly report shall be provided to the policyholder. The monthly report shall include the following:
(1) Any long-term care benefits paid out during the month;
(2) An explanation of any changes in the policy (e.g., death benefits or cash values due to long-term care benefits being paid out); and
(3) The amount of long-term care benefits existing or remaining.
D.C. Code § 31-1205 — DC Code / Title 31 / Chapter 12 / § 31-1205
§ 31-1205. Appeal from assessment.
Status: in_force

Any insurer or health maintenance organization aggrieved by an assessment may appeal under procedures established in § 101 of Title 26 of the District of Columbia Municipal Regulations (26 DCMR 101  ), or as otherwise may be provided by the Mayor. If an appellant fails to pay the assessment when due, the appellant shall be liable for any amounts correctly assessed and any penalties and interest due thereon. The appellant shall pay any amounts owed within 10 days of a final decision and the Mayor may take whatever action is appropriate under this chapter, including action under § 31-1204 , or any other laws regulating the insurance industry to effect collection. In addition, the Insurance Regulatory Trust Fund Bureau may appeal to the Mayor the entire annual assessment or a specific expenditure or category of expenditure, in accordance with the procedures established in 26 DCMR 101  , if it believes the assessment is not in accordance with this chapter or applicable laws.
D.C. Code § 31-4731 — DC Code / Title 31 / Chapter 47 / § 31-4731
§ 31-4731. Duty of insurers to compare names of insureds with death master file and to locate beneficiaries.
Status: in_force

(a) For purposes of this section:
  (1) "Contract" means an annuity contract.  The term "contract" does not include an annuity used to fund an employment-based retirement plan or program if:
    (A) The insurer does not perform the record keeping services; or
    (B) The insurer is not committed by terms of the annuity contract to pay death benefits to the beneficiaries of specific plan participants.
  (2) "Death master file" means the United States Social Security Administration Death Master File or other database or service that is at least as comprehensive as the United States Social Security Administration Death Master File for determining that an individual reportedly has died.
  (3) "Death master file match" means a search of the death master file that results in a match of the Social Security number or the name and date of birth of an insured, annuity owner, or retained asset account holder.
  (4) "Knowledge of death" means:
    (A) Receipt of an original or valid copy of a certified death certificate; or
    (B) A death master file match validated by the insurer in accordance with subsection (b)(1)(A) of this section.
  (5) "Policy" means any policy or certificate of life insurance that provides a death benefit. The term "policy" does not include:
    (A) A policy or certificate of life insurance that provides a death benefit under an employee benefit plan:
      (i) Subject to the Employee Retirement Income Security Act of 1974, approved September 2, 1974 (88 Stat. 829; 29 U.S.C. § 1001 et seq. ); or
      (ii) Under any federal employee benefit program;
    (B) A policy or certificate of life insurance that is used to fund a pre-need funeral contract or prearrangement;
    (C) A policy or certificate of credit life or accidental death insurance; or
    (D) A policy issued to a group master policyholder for which the insurer does not provide record keeping services.
  (6) "Record keeping services" means those services which the insurer has agreed with a group policy or contract customer to be responsible for obtaining, maintaining, and administering in its own or its agents' systems information about each individual insured under an insured's group insurance contract, or a line of coverage thereunder, at least the following information:
    (A) Social Security number or name and date of birth;
    (B) Beneficiary designation information;
    (C) Coverage eligibility;
    (D) Benefit amount; and
    (E) Premium payment status.
  (7) "Retained asset account" means a mechanism whereby the settlement of proceeds payable under a policy or contract is accomplished by the insurer or an entity acting on behalf of the insurer depositing the proceeds into an account with check or draft writing privileges, if those proceeds are retained by the insurer or its agent, pursuant to a supplementary contract not involving annuity benefits other than death benefits.
(b) (1) An insurer shall perform a comparison of its insureds' in-force policies, contracts, and retained asset accounts against a death master file, on at least a semi-annual basis, by using the full death master file once and thereafter using the death master file update files for future comparisons to identify potential matches of its insureds. For those potential matches identified as a result of a death master file match, the insurer shall within 90 days of a death master file match:
    (A) Complete a good faith effort, which shall be documented by the insurer, to confirm the death of the insured or retained asset account holder against other available records and information;
    (B) Determine whether benefits are due in accordance with the applicable policy or contract; and if benefits are due in accordance with the applicable policy or contract:
      (i) Use good faith efforts, which shall be documented by the insurer, to locate the beneficiary or beneficiaries; and
      (ii) Provide the appropriate claims forms or instructions to the beneficiary or beneficiaries to make a claim including the need to provide an official death certificate, if applicable under the policy or contract.
  (2) With respect to group life insurance, insurers are required to confirm the possible death of an insured when the insurers maintain at least the following information of those covered under a policy or certificate:
    (A) Social Security number or name and date of birth;
    (B) Beneficiary designation information;
    (C) Coverage eligibility;
    (D) Benefit amount; and
    (E) Premium payment status.
  (3) Every insurer shall implement procedures to account for:
    (A) Common nicknames, initials used in lieu of a first or middle name, use of a middle name, compound first and middle names, and interchanged first and middle names;
    (B) Compound last names, maiden or married names, and hyphens, blank spaces or apostrophes in last names;
    (C) Transposition of the "month" and "date" portions of the date of birth; and
    (D) Incomplete Social Security numbers.
  (4) To the extent permitted by law, the insurer may disclose minimum necessary personal information about the insured or beneficiary to a person who the insurer reasonably believes may be able to assist the insurer locate the beneficiary or a person otherwise entitled to payment of the claims proceeds.
(c) An insurer or its service provider shall not charge any beneficiary or other authorized representative for any fees or costs associated with a death master file search or verification of a death master file match conducted pursuant to this section.
(d) The benefits from a policy, contract, or a retained asset account, plus any applicable accrued contractual interest shall first be payable to the designated beneficiaries or owners and in the event said beneficiaries or owners cannot be found, shall be transferred to the Unclaimed Property Administrator as unclaimed property pursuant to Chapter 1A of Title 41 . Interest payable under § 28-3302 shall not be payable as unclaimed property.
(e) Pursuant to § 41-152.10 , an insurer shall notify the Unclaimed Property Administrator upon the expiration of the statutory time period for abandoned property that:
  (1) A policy or contract beneficiary or retained asset account holder has not submitted a claim with the insurer; and
  (2) The insurer has complied with subsection (b) of this section and has been unable, after good faith efforts documented by the insurer, to contact the retained asset account holder, beneficiary or beneficiaries
(f) Upon such notice, an insurer shall immediately submit the unclaimed policy or contract benefits or unclaimed retained asset accounts, plus any applicable accrued interest, to the Unclaimed Property Administrator pursuant [to] § 41-152.10 .
(g) Failure to meet any requirement of this section with such frequency as to constitute a general business practice is a violation of a law of the District under § 31-4706 . Nothing herein shall be construed to create or imply a private cause of action for a violation of this section.
D.C. Code § 31-2406 — DC Code / Title 31 / Chapter 24 / § 31-2406
§ 31-2406. Availability of required and optional insurance and benefits.
Status: in_force

(a) In general. — (1) (A) After consultation with insurers authorized to sell motor vehicle insurance in the District, the Commissioner shall from time to time approve, with any reasonable modifications, a reasonable plan or plans to assure the availability, to all owners of motor vehicles, of the insurance required to be maintained and of the insurance required to be offered by this chapter. The plan shall provide for suitable apportionment, by the manager or committee designated to operate the plan, among insurers of applicants for any of the insurance who are unable to obtain insurance reasonably through ordinary methods.
    (B) When a plan has been approved by the Commissioner, all insurers authorized to sell motor vehicle insurance in the District shall subscribe thereto, cooperate therewith, and participate therein; provided, however, that no insurer shall be required to quote plan rates to applicants for voluntary insurance or to seek waivers from the plan before selling such voluntary insurance.
    (C) Any applicant for a policy, any named beneficiary or insured under a policy issued pursuant to the plan, and any insurer may appeal to the Commissioner from any decision of the manager or committee designated to operate the plan.
    (D) Each insurer selling motor vehicle insurance in the District shall be required to offer insurance which shall provide at least all minimum benefits required by this chapter with respect to: (i) property damage liability; (ii) third-party personal liability; and (iii) uninsured motorist protection. In addition, each insurer shall offer optional personal injury protection insurance required by § 31-2404 and underinsured motor vehicle coverage as required by this section. Taxicab insurers and self-insurers shall be exempt from the requirement to offer optional personal injury protection insurance. Taxicab insurers and self-insurers shall also be exempt from the requirements of § 31-2404 that they offer uninsured motorist protection and underinsured motor vehicle coverage.
  (2) Each insurer selling motor vehicle insurance in the District shall make the insurance policy understandable to policyholders. Each insurance company shall provide to policy holders at least annually the following information:
    (A) A listing of each type of coverage available; and
    (B) An explanation of the mandatory insurance and required options created under this chapter.
  (2A) For policies issued or reissued after January 1, 2007, insurers shall be required to provide at least 2 copies of an Insurance Identification Card to the policyholder of the vehicle registered in the District of Columbia. The Insurance Identification Card, or an electronic image of an Insurance Identification Card that can be displayed on a cellular telephone or other portable electronic device, must be carried in the insured motor vehicle for production upon demand. The insurer shall provide additional copies of the Insurance Identification card upon request of the insured.
  (3) Repealed.
  (4) Repealed.
  (5) No insurer authorized to sell motor vehicle insurance in the District shall increase the rates charged an insured on account of an accident unless it is first determined that the accident was caused by the fault of the insured.
(b) Property damage insurance. — Property damage insurance shall provide that any liability to an insured to pay for property damage to any vehicle or other property not owned or controlled by the insured, in accordance with applicable law, shall be paid by the applicable insurer up to an amount requested by the named insured. The minimum amount of property damage liability insurance coverage that a named insured shall purchase is $10,000 for property damage in any 1 accident.
(c) Third-party personal liability. — Third-party personal liability coverage shall provide that any liability of an insured to pay for injury arising from an accident within or outside the District of Columbia, in accordance with applicable law, shall be paid by the insurer up to the amount established in the policy. The minimum amount of 3rd-party personal liability coverage that an insured shall purchase shall be $25,000 per person injured in any 1 accident and $50,000 for all persons injured in any 1 accident.
(c-1) Underinsured motor vehicle coverage. — Underinsured motor vehicle coverage is for the protection of an insured who is legally entitled to recover damages from the owner or operator of an underinsured motor vehicle. Each insurer shall offer, except for the operation of motorcycles and motor-driven cycles, optional underinsured motor vehicle coverage in amounts up to the amounts of the uninsured motorist coverage as requested by the insured. Once an insured has rejected this underinsured motor vehicle coverage the insurer does not have to reoffer it. The insurer shall not be required to obtain or maintain written rejections of the underinsured motor vehicle coverage. The benefits provided by the underinsured motor vehicle coverage shall be subject to the same provisions as denials or exclusions of coverages, insolvency, subrogation, and set-off as provided in the uninsured motorist coverage. Nothing in this section shall prohibit the inclusion of underinsured motor vehicle coverage in any uninsured motor vehicle coverage provided in compliance with this chapter. Insurance that includes underinsured motor vehicle coverage may include terms and conditions that preclude stacking of underinsured motor vehicle coverage.
(d) Repealed.
(e) Repealed.
(f) Mandatory uninsured motorist protection. — (1) For the purposes of this subsection, the term “uninsured motor vehicle” means a motor vehicle which:
    (A) Is a motor vehicle which is not insured by a motor vehicle liability policy applicable to the accident;
    (B) Is covered by a motor vehicle liability policy of insurance but the insurer denies coverage for any reason or becomes the subject of insolvency proceedings in any jurisdiction; or
    (C) Is a motor vehicle which causes bodily injury or property damage and whose owner or operator cannot be identified.
  (2) Each insurer selling motor vehicle insurance in the District with respect to any motor vehicle registered or principally garaged in the District shall include coverage for bodily injury or death in amounts of $25,000 per person injured in any 1 accident, or $50,000 for all persons injured in any 1 accident, and coverage for property damage in an amount of $5,000 for property damage in any 1 accident for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles.
  (3) Any payments for property damage made pursuant to this subsection shall be subject to a deductible amount of $200.
  (4) The named insured may require the issuance of coverage for bodily injury or death and property damage in accordance with a schedule of optional higher amounts up to the amount of $100,000 per person injured in any 1 accident or $300,000 for all persons injured in any 1 accident, and up to $25,000 for property damages for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles.
  (5) To the extent of any payment made to any person by the insurer under the coverage required by this section and subject to the terms and conditions of the coverage, the insurer is entitled to the proceeds of any settlement or judgment resulting from the exercise of any rights of recovery of any person against any other person legally responsible for the bodily injury or death for which the payment is made, including any amount recoverable from an insurer which is or becomes the subject of an insolvency proceeding through such proceedings or in any other lawful manner.
  (6) No insurer shall attempt to recover any amount against the insured of an insurer which is or becomes the subject of insolvency proceedings.
  (7) Any motor vehicle policy of insurance may include terms and conditions that preclude stacking of uninsured motor vehicle coverages.
(g) Prohibitions. — A victim is prohibited from claiming personal injury protection benefits under this chapter, other than to compensate for any deductible, if the victim is eligible for compensation for the loss covered by personal injury protection from another insurer or another insurance coverage, unless the victim has exhausted benefits offered by the insurer or insurance coverage.
(h) Additional reporting obligations. — The Director may require a person whose driver’s license or registration was revoked to obtain insurance coverage that includes additional reporting obligations, including SR 22 insurance coverage, prior to the issuance or reinstatement of a driver’s license or registration, or both.
D.C. Code § 31-3837 — DC Code / Title 31 / Chapter 38B / § 31-3837
§ 31-3837. Applicability to group health plans.
Status: in_force

The provisions of this chapter shall apply to group health benefit plans for years beginning on or after April 3, 2001.
D.C. Code § 31-3504 — DC Code / Title 31 / Chapter 35 / § 31-3504
§ 31-3504. Application for certificate of authority.
Status: in_force

(a) No corporation subject to the provisions of this chapter, whether organized pursuant to the laws of the District of Columbia, or of any state, or by act of the Congress of the United States, shall issue subscriber contracts until the Mayor has authorized it to do so by issuance of a certificate of authority.
(b) Application for such certificate of authority shall be made on forms to be supplied by the Mayor containing such information as the Mayor shall deem necessary. Each application for such certificate of authority, including each application for renewal, shall contain payment of a fee of $200 to the District of Columbia, which shall be collected by the Commissioner of the Department of Insurance, Securities, and Banking and shall be accompanied by copies of the following documents, duly certified by an executive officer of such corporation:
  (1) Articles of incorporation, with all amendments thereto;
  (2) Bylaws, with all amendments thereto;
  (3) Each contract form executed or proposed to be executed by and between the corporation and any hospital, physician, or other medical service provider embodying the terms under which hospital and medical service is to be furnished to subscribers;
  (4) Each form of subscriber contract issued or proposed to be issued, together with a table of rates charged, or proposed to be charged, including actuarial justifications, to subscribers;
  (5) A financial statement of the corporation, which shall include the amount of each contribution paid or agreed to be paid to the corporation for working capital, the name or names of each contributor, and the terms of each contribution;
  (6) A risk-based capital report prepared in the manner prescribed by any risk-based capital (“RBC”) regulations for hospital and medical services corporations promulgated by the Mayor;
  (7) A list of the names and addresses and biographical information for the members of the board of directors, or board of trustees, and for the officers of the corporation;
  (8) A statement of the geographical area in which the corporation proposes to operate; and
  (9) Any other information or documents the Mayor deems necessary to assure compliance with this chapter.
(c) In addition, if the applicant is a foreign corporation:
  (1) It shall provide the Mayor with an instrument authorizing service of process on the Mayor in accordance with § 31-4323 ;
  (2) It shall satisfy the Mayor that the corporation is duly organized under the laws of the state under whose laws it professes to be organized, and is authorized to do the business it is transacting or proposes to transact; and
  (3) It shall satisfy the Mayor that its funds are invested in accordance with the laws of its domicile and in securities or property which afford a degree of financial security substantially equal to that required for a corporation organized under the laws of the District of Columbia, and that it has a surplus at least equal to that required to be maintained by corporations authorized to do business pursuant to the provisions of this chapter.
D.C. Code § 31-2402 — DC Code / Title 31 / Chapter 24 / § 31-2402
§ 31-2402. Definitions.
Status: in_force

As used in this chapter:
(1) The term “accident” means an untoward and unforeseen occurrence arising out of the maintenance or use of:
  (A) A motor vehicle;
  (B) A vehicle operated or designed for operation upon a highway by power other than muscular power with respect only to any pedestrian or any occupant of that vehicle other than the owner or operator of that vehicle; or
  (C) Any other vehicle covered by the insurance coverages required by § 31-2406 .
(2) Repealed.
(3) The term “beneficiary” means a person who is named in a policy of personal injury protection insurance as a person who is entitled to the benefits of personal injury protection insurance.
(4) The term “Department” means the Department of Motor Vehicles established pursuant to § 50-901 .
(5) The term “Director” means the Director of the Department or the Director’s designee.
(6) The term “District” means the District of Columbia.
(7) The term “highway” means the entire width between the boundary lines of every publicly maintained way, when any part thereof is open to the use of the public for purposes of vehicular or pedestrian travel.
(8) The term “individual” means a natural person.
(9) The term “injury” means bodily harm to an individual that is sustained in an accident, and any illness, disease, or death resulting from that bodily harm.
(9A) “Insurance Identification Card” means a document issued by an insurer as proof of insurance for a motor vehicle that lists the name of the insurer, the policy number, the name of the insured, the period of coverage for the insurance, and the make, model, and vehicle identification number.
(10) The term “insured” means a named insured or any other person insured in an insurance policy, with the exception of those persons specifically excluded by endorsement on the insurance policy.
(11) The term “insurer” means any person, company, or professional association licensed in the District of Columbia that provides motor vehicle liability protection or any self-insurer.
(12) The term “license” means a license or permit to operate a motor vehicle issued under the laws of the District.
The term “license” includes a driver’s license; a temporary or learner’s permit; the privilege of any person to drive a motor vehicle whether or not such person holds a valid license issued by the District government; the privilege conferred upon a nonresident by the laws of the District pertaining to the operation by a nonresident of a motor vehicle; or any other license issued under authority delegated to the Director.
(13) The term “loss” means economic detriment incurred as a result of an accident resulting in injury, consisting of and limited to medical and rehabilitation expenses, work loss inclusive of replacement services loss, and death benefits. The term “loss” does not include noneconomic loss.
(14) The term “maintenance or use” with respect to a motor vehicle means any activity involving or related to the operation of or transportation by a motor vehicle, including occupying, entering into, alighting from, repairing, or servicing.
The term “maintenance or use” does not include conduct within the course of a business of repairing, servicing, or otherwise maintaining motor vehicles unless the conduct is off the business premises or unless it is conduct in the course of loading or unloading a motor vehicle.
(15) The term “Mayor” means the Mayor of the District of Columbia or the Mayor’s designee.
(16) The term “motorcycle” means a motor vehicle that has a seat or saddle for the use of the operator and is designed to travel on no more than 3 wheels in contact with the ground. The term “motorcycle” does not include a 3-wheeled motor vehicle with a cab and windshield tractor, a motor-driven cycle, or a motorized bicycle unless operated at speeds in excess of 30 miles per hour.
(17) The term "motor vehicle" means any device propelled by an internal- combustion engine, electricity, or steam. The term "motor vehicle" shall not include traction engines used exclusively for drawing vehicles in fields, road rollers, vehicles propelled only upon rails and tracks, personal mobility devices, as the term is defined in § 50-2201.02(13) , electric mobility devices, as the term is defined in § 50-2201.02(6A) , motorized bicycles, as the term is defined in § 50-2201.02(11A) , or a battery-operated wheelchair when operated by a person with a disability.
(18) The term “named insured” means the person identified in the declaration of the insurance policy.
(19) The term “noneconomic loss” means pain, suffering, inconvenience, physical or mental impairment, and other nonpecuniary damage recoverable under the tort law applicable to injury arising out of the maintenance or use of a motor vehicle.
(20) The term “operator” means a person who drives or is in actual physical control of a motor vehicle or who is exercising control over or steering a motor vehicle being pushed or towed by a motor vehicle.
(21) The term “owner” means any person, corporation, firm, agency, association, organization, or federal, state, or local government agency or other authority or other entity having the property or title to a vehicle or bicycle used or operated in the District; any registrant of a vehicle used or operated in the District; or any person, corporation, firm, agency, association, organization, or federal, state, or local government agency or authority or other entity in the business of renting or leasing vehicles or bicycles to be used or operated in the District.
(22) The term “passenger vehicle” means any vehicle other than one registered as a commercial vehicle or for livery, rental, sightseeing, or taxi purposes.
(23) The term “person” means any natural person, firm, copartnership, association, government, government agency, or instrumentality.
(24) The term “personal injury protection” means the benefits provided pursuant to § 31-2404 .
(25) The term “registration certificate” means a certificate or its duplicate issued by the Director to a registrant, containing any or all of the information that appeared on his or her application for registration, the number of the owner’s identification tags issued to the registrant for use on the vehicle described on the card and other information as the Director may determine, or a registration certificate or its duplicate, issued by the Director to a new car dealer, or used car dealer, containing any or all of the information that appeared on his or her application for dealer’s identification tags, the number of the dealer’s identification tags issued to the new car dealer or used car dealer for use as provided by 18 DCMR and any other information the Director may require.
(26) The term “self-insurer” means any person having received a certificate of self-insurance issued by the Mayor pursuant to § 50-1301.79 .
(27) The term “stacking” means a legal procedure wherein the limits of liability applicable to a single motor vehicle liability policy of insurance are added to the limits of liability of all motor vehicles which may be insured by 1 motor vehicle liability policy of insurance involved in 1 accident.
(28) The term “state” means any state, territory, or possession of the United States or any possession or territory of Canada. The term “state” includes the District of Columbia.
(29) The term “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking or the Commissioner’s designee.
(30) The term “survivor” means an individual identified in the wrongful death statute of the District, as one entitled to receive benefits by reason of the death of a victim.
(31) The term “taxicab” means any public vehicle for hire having a seating capacity of less than 8 passengers, exclusive of the driver, except ambulances, funeral cars, vehicles used exclusively for sightseeing purposes, or vehicles for which the rate is fixed solely by the hour.
(32) The term “trailer” means a vehicle with or without motor power intended to be used for carrying property or persons and drawn or intended to be drawn by a motor vehicle, whether such vehicle without motor power carries the weight of the property or persons wholly on its own structure or whether a part of such weight rests upon or is carried by a motor vehicle.
(32A) The term “underinsured motor vehicle” means an insured motor vehicle where the limits on 3rd-party personal liability or property damage coverage under the insurance required by § 31-2406 are insufficient to pay the loss up to the limit of uninsured motor vehicle coverage as requested by the insured.
(33) The term “vehicle” means a motor vehicle; a trailer; or an appliance moved over a highway on wheels or traction tread including draft animals and beasts of burden.
(34) The terms “victim” and “motor vehicle accident victim” mean an individual who sustains injury as a result of an accident.
D.C. Code § 31-5239 — DC Code / Title 31 / Chapter 52A / § 31-5239
§ 31-5239. Rulemaking.
Status: in_force

The Commissioner shall issue rules and regulations to implement this chapter within 120 days of March 10, 2004.
D.C. Code § 31-4452 — DC Code / Title 31 / Chapter 44 / § 31-4452
§ 31-4452. Date merger or consolidation completed.
Status: in_force

The merger or consolidation shall be complete when the Mayor issues under § 31-4451(c)(3)(C) the certificate of merger or consolidation to the new or surviving company.
D.C. Code § 31-5004 — DC Code / Title 31 / Chapter 50 / § 31-5004
§ 31-5004. Rules and regulations.
Status: in_force

(a) The Industry Placement Facility shall on its own motion, or within 30 days after a request by the Mayor, submit to the Mayor such proposed rules and regulations applicable to insurers, agents, and brokers deemed necessary to assure all property owners fair access to basic property insurance through the normal insurance markets, including rules and regulations concerning:
  (1) The manner and scope of inspections of risk by an inspection bureau;
  (2) The preparation and filing of inspection reports and reports on actions taken in connection with inspected risks, and summaries thereof; and
  (3) The operation of the Facility, including rules and regulations concerning:
    (A) The basic property insurance coverages to be provided through the Facility;
    (A-i) The homeowner’s insurance coverages to be provided through the Facility; provided, that these coverages shall not be less than homeowner’s insurance;
    (B) The reasonable effort to obtain insurance in the normal commercial market required of an applicant before recourse to the Facility; and
    (C) The appeals procedure within the Facility for any applicant for insurance regarding any ruling, action, or decision by or on behalf of the Facility.
(b) The Mayor may adopt such of the rules and regulations submitted pursuant to subsection (a) of this section as he approves. If the Mayor disapproves any proposed rule or regulation submitted, he shall state the reasons for so doing, and he shall require the Facility to submit a revision thereof within such time as he may designate, but not less than 10 days. During such designated time, the Mayor and the Facility shall consult regarding any such disapproved rule or regulation. If the Facility fails to submit a proposed rule or regulation, or revision thereof, within the designated time, or if a revised rule or regulation is unacceptable to the Mayor, the Mayor may make such rules and regulations covering the proposed general subject matter as he shall deem necessary to carry out the purposes of this chapter. Any rule or regulation adopted or made under this section shall be consistent with the requirements of part A of title XII of the National Housing Act.
D.C. Code § 31-5102 — DC Code / Title 31 / Chapter 51 / § 31-5102
§ 31-5102. Definitions.
Status: in_force

For the purpose of this chapter:
(1) “Mayor” means the Mayor of the District of Columbia.
(1A) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.
(2) “Credit life insurance” means insurance issued on the life of a debtor pursuant to or in connection with a specific loan or other credit transaction.
(3) “Credit accident and health insurance” means insurance against the disability of a debtor which provides indemnity for payments on a specific loan or other credit transaction.
(4) “Creditor” means the lender of money or vendor of goods, services, or property, including a lessor under a lease intended as a security, for which payment is arranged through a loan or other credit transaction, and includes any successor to the right, title, or interest of any such lender, vendor, or lessor.
(5) “Debtor” means a borrower of money or purchaser of goods, services, or property, including a lessee under a lease intended as a security, for which payment is arranged through a loan or other credit transaction.
(6) “District” means the District of Columbia.
(7) “Indebtedness” means the amount payable by a debtor to a creditor in connection with a loan or other credit transaction.
(8) Repealed.
D.C. Code § 31-5804 — DC Code / Title 31 / Chapter 58 / § 31-5804
§ 31-5804. Registration of insurers.
Status: repealed

Repealed.
D.C. Code § 31-105 — DC Code / Title 31 / Chapter 1 / § 31-105
§ 31-105. Transfers.
Status: in_force

(a) All positions, property, records, and unexpended balances of appropriations, allocations, assessments, and other funds available or to be made available to the Department of Consumer and Regulatory Affairs and the Public Service Commission relating to the duties and functions assigned herein, are transferred to the Department.
(b) All powers, duties, and functions transferred to the Department of Banking and Financial Institutions under § 26-551.03 , are hereby transferred to the Department of Insurance, Securities, and Banking.
(c) All positions, property, records, and unexpended balances of appropriations, allocations, assessments, and other funds available or to be made available to the Department of Banking and Financial Institutions under § 26-551.03 , are hereby transferred to the Department.
D.C. Code § 31-3251 — DC Code / Title 31 / Chapter 32 / § 31-3251
§ 31-3251. Definitions.
Status: in_force

For the purposes of this subchapter, the term:
(1) “Commissioner” means Commissioner of the Department of Insurance and Securities Regulation.
(2) “Credentialing intermediary” means a person to whom a health insurer has delegated credentialing or recredentialing authority and responsibility.
(3) “Health benefit plan” means any accident and health insurance policy or certificate, hospital and medical services corporation contract, health maintenance organization subscriber contract, plan provided by a multiple employer welfare arrangement, or plan provided by another benefit arrangement. The term “health benefit plan” does not mean accident only, credit, or disability insurance; coverage of Medicare services or federal employee health plans, pursuant to contracts with the United States government; Medicare 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.
(4) “Health care provider” means:
  (A) An individual who is licensed, certified, or otherwise authorized to provide health care services by the District of Columbia for a practice set forth under § 3-1201.02 ; or
  (B) An agency, organization, facility, or distinct part of any of them, licensed under subchapter I of Chapter 5 of Title 44 .
(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) “Provider panel” means providers that contract with a health insurer to provide health care services to the enrollees under a health benefit plan of the health insurer.
(7) “Uniform credentialing form” means the form designed by the Commissioner, by regulation, for use by a health insurer or its credentialing intermediary for credentialing and re-credentialing of a health care provider for participation on a provider panel.
D.C. Code § 31-5041.03 — DC Code / Title 31 / Chapter 50B / § 31-5041.03
§ 31-5041.03. Examination of operation of title insurance producers.
Status: in_force

(a) The Commissioner, during normal business hours, may examine, audit, and inspect any and all books and records required and maintained by a title insurance producer; provided, that trust accounts maintained by attorneys shall be subject to any privilege permitted by law and properly asserted.
(b) The Commissioner may require that the information provided under this section be verified by oath of the title insurance producer or an officer, employee, or accountant of the title insurance producer.
D.C. Code § 31-1372.12 — DC Code / Title 31 / Chapter 13A / § 31-1372.12
§ 31-1372.12. Additional investment authority.
Status: in_force

(a) Solely for the purpose of acquiring investments that exceed the quantitative limitations of §§ 31-1372.02 through 31-1372.09 , an insurer may acquire under this subsection an investment, or engage in investment practices, described in § 31-1372.08 ; provided, that an insurer shall not acquire and investment, or engage in investment practices, described in § 31-1372.08 under this subsection if, as a result of and after giving effect to the transaction:
  (1) The aggregate amount of investments held by an insurer under this subsection would exceed 3% of its admitted assets; or
  (2) The aggregate amount of investments as to one limitation in §§ 31-1372.02 through 31-1372.09 held by the insurer under this subsection would exceed 1% of its admitted assets.
(b) (1) In addition to the authority provided under subsection (a) of this section, subject to paragraph (2) of this subsection, an insurer may acquire under this subsection an investment of any kind, or engage in investment practices described in § 31-1372.08 , that are not specifically prohibited by this chapter without regard to the categories, conditions, standards, or other limitations of §§ 31-1372.02 through 31-1372.09 if, as a result of and after giving effect to the transaction, the aggregate amount of investments held under this subsection would not exceed the lesser of:
    (A) Ten percent of its admitted assets; or
    (B) Seventy-five percent of its capital and surplus.
  (2) An insurer shall not acquire any investment or engage in any investment practice under this subsection if, as a result of and after giving effect to the transaction, the aggregate amount of all investments in any one person held by the insurer under this subsection would exceed 3% of its admitted assets.
(c) In addition to the investments acquired under subsections (a) and (b) of this section, an insurer may acquire under this subsection an investment of any kind, or engage in investment practices described in § 31-1372.08 , that are not specifically prohibited by this chapter without regard to any limitations of §§ 31-1372.02 through 31-1372.09 if:
  (1) The Commissioner grants prior approval;
  (2) The insurer demonstrates that its investments are being made in a prudent manner and that the additional amounts will be invested in a prudent manner; and
  (3) As a result of and after giving effect to the transaction, the aggregate amount of investments held by the insurer under this subsection does not exceed the greater of:
    (A) Twenty-five percent of its capital and surplus; or
    (B) One hundred percent of capital and surplus, less 10% of its admitted assets.
(d) An investment prohibited under § 31-1371.05 or § 31-1372.10 or additional derivative instruments acquired under § 31-1372.10 shall not be acquired under this section.
D.C. Code § 31-2501.03 — DC Code / Title 31 / Chapter 25 / § 31-2501.03
§ 31-2501.03. Definitions.
Status: in_force

In this chapter, unless the context otherwise requires:
(1) “District” means District of Columbia.
(2) “Mayor” means the Mayor of the District of Columbia.
(3) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking or the officer or officers, agency or agencies succeeding to his functions under Reorganization Plan No. 5 of 1952.
(4) “Department” means the Department of Insurance of the District of Columbia.
(5) “Company” means an insurance, surety, or indemnity company, and shall be deemed to include a corporation, company, partnership, association, individual, or aggregation of individuals engaging in or proposing or attempting to engage in any kind of insurance, surety, or indemnity business, including the exchanging of reciprocal or interinsurance contracts between individuals, partnerships, and corporations.
(6) “Authorized company” means a company which has authority from the Commissioner to do business in the District as provided under § 31-2502.02 .
(7) “Unauthorized company” means a company which does not have authority from the Commissioner to do business in the District as provided under § 31-2502.02 .
(8) “Domestic company” means a company incorporated or organized under the laws of the District.
(9) “Foreign company” means a company incorporated or organized under the laws of any state of the United States.
(10) “Alien company” means a company incorporated or organized under the laws of any country other than the United States.
(11) “Reciprocal” includes interinsurance exchange.
(12) “Person” includes individuals, corporations, associations, exchanges, and partnerships.
(13) Personal pronouns include all genders; the singular includes the plural and the plural includes the singular.
(14) “Policy” means an insurance policy or contract, including contracts of fidelity and surety, and includes any contract wherein 1 party called the “company,” for a consideration, undertakes to pay money or its equivalent, or to do an act valuable to any other party, upon the happening of the hazard or peril insured against whereby the party insured suffers loss or injury or is subjected to legal liability.
(15) “Officer,” when used to refer to officer of the company, includes an attorney-in-fact.
(16) “Policy-writing agent” means any person who is not a salaried employee of a company, and whose residence or principal place of business is located in the District, and who is authorized in writing by any company authorized to transact business in the District to countersign policies and to solicit, negotiate, or effect contracts of insurance, surety, or indemnity for such company in the District.
(17) “Soliciting agent” means any person who is not a salaried employee of a company and whose residence or principal place of business is located in the District, and who is authorized by a company having authority to transact business in the District, or by a policy-writing agent, to solicit in the District contracts of insurance, surety, or indemnity in behalf of such company or agent.
(18) “Broker” means any person who for a consideration acts or aids in any manner in the solicitation or negotiation on behalf of the assured of contracts of insurance, surety, or indemnity.
(19) “Salaried company employee” means any person regularly employed by an authorized company, and who is paid a regular wage or salary to perform certain duties and functions authorized by such company. For the purposes of this chapter the term “salaried company employee” shall not include employees engaged solely in office duties or in the inspection, rating, or classifying of risks or in the supervision of agents, or any employee not engaged in the solicitation or writing of policies, or officers of companies or associations engaged in the performance of their usual and customary executive duties.
(20) “Surplus” means the excess of admitted assets over liabilities and capital in the case of a company with capital stock, and the excess of admitted assets over liabilities in the case of a company without capital stock.
(21) “Liabilities” means all debts due or to become due, contingent or otherwise, of which the company has knowledge, and includes the reserves required by this chapter.
(22) “Admitted assets” includes the investments authorized or permitted pursuant to the National Association of Insurance Commissioners Accounting Practices Manual.
D.C. Code § 31-4440 — DC Code / Title 31 / Chapter 44 / § 31-4440
§ 31-4440. Manner of keeping books, records, accounts, and vouchers.
Status: in_force

Every domestic company shall keep its books, records, accounts, and vouchers in such manner that its financial condition can be ascertained and so that its financial statements filed with the Commissioner can be readily verified.
D.C. Code § 31-1808 — DC Code / Title 31 / Chapter 18 / § 31-1808
§ 31-1808. Duties of reinsurers utilizing the services of a reinsurance-intermediary-manager.
Status: in_force

(a) A reinsurer shall not engage the services of any person, firm, association, or corporation to act as a reinsurance manager on its behalf unless the person is licensed as required by § 31-1802(b) .
(b) The reinsurer shall annually obtain a copy of statements of the financial condition of each reinsurance manager which the reinsurer has engaged prepared by an independent certified accountant in a form acceptable to the Mayor.
(c) If a reinsurance manager establishes loss reserves, the reinsurer shall annually obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the reinsurance manager. This opinion shall be in addition to any other required loss reserve certification.
(d) Binding authority for all retrocessional contracts or participation in reinsurance syndicates shall rest with an officer of the reinsurer who shall not be affiliated with the reinsurance manager.
(e) Within 30 days of termination of a contract with a reinsurance manager, the reinsurer shall provide written notification of the termination to the Commissioner.
(f) A reinsurer shall not appoint to its board of directors, any officer, director, employee, controlling shareholder, or subproducer of its reinsurance manager. This subsection shall not apply to relationships governed by Chapter 7 of this title .
D.C. Code § 31-3802.01 — DC Code / Title 31 / Chapter 38 / § 31-3802.01
§ 31-3802.01. Inpatient postpartum treatment; at-home post-delivery care.
Status: in_force

(a) Except as provided in subsection (b) of this section, all individual and group health policies providing maternity and newborn care coverage on an expense-incurred basis and individual and group service or indemnity type contracts issued by a nonprofit health service plan, including policies issued by Group Hospitalization and Medical Services, Inc., shall provide coverage for inpatient postpartum treatment in accordance with the medical criteria outlined in the most current version of or an official update to the Guidelines for Perinatal Care (“Guidelines”) prepared by the American Academy of Pediatrics and the American College of Obstetricians or the Standards for Obstetric-Gynecologic Services (“Standards”) prepared by the American College of Obstetricians and Gynecologists, and such coverage must include an in-hospital stay of a minimum of 48 hours after a vaginal delivery, and 96 hours after a Caesarian delivery.
(b) A private review agent or health maintenance organization may authorize a shorter length of stay if the physician, in consultation with the mother, determines that the newborn and mother meet the criteria for medical stability in accordance with the Guidelines or Standards.
(c) In all cases of early discharge pursuant to subsection (b) of this section, the insurer shall provide coverage for post-delivery care within the minimum time periods established in subsection (a) of this section, to be delivered in the patient’s home, or, in a provider’s office, as determined by the physician in consultation with the mother. The at-home post-delivery care shall be provided by a registered professional nurse, physician, nurse practitioner, certified midwife, certified nurse-midwife, or physician assistant experienced in maternal and child health, and shall include:
  (1) Parental education;
  (2) Assistance and training in breast or bottle feeding; and
  (3) Performance of any medically necessary and clinically appropriate tests, including the collection of an adequate sample for hereditary and metabolic newborn screening.
(d) Upon notification of the pregnancy of the insured, the insurer shall:
  (1) Encourage and assist the insured, prior to the delivery date, to select and contact a primary care provider for the expected newborn prior to delivery; and,
  (2) Provide the insured prior to the delivery date with information on postpartum home visits for the mother and child that includes the names of providers that are available for postpartum home visits.
(e) No insurer may deselect, terminate the services of, require additional documentation from, require additional utilization review, reduce payments, or otherwise provide financial disincentives to any attending provider who orders care consistent with this chapter.
(f) Every insurer shall provide notice to policyholders regarding the coverage required under this chapter. The notice shall be in writing and shall be transmitted at the earliest of either the next mailing to the policyholder, the yearly summary of benefits sent to the policyholder, or January 1 of the year following April 9, 1997.
D.C. Code § 31-738 — DC Code / Title 31 / Chapter 7 / § 31-738
§ 31-738. 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 § 31-3104 — DC Code / Title 31 / Chapter 31 / § 31-3104
§ 31-3104. Mental illness benefits.
Status: in_force

(a) Covered benefits for services set forth in this section shall be limited to coverage of treatment of clinically significant mental illnesses identified in the most recent edition of the International Classification of Diseases or of the Diagnostic and Statistical Manual of the American Psychiatric Association.
(b) Treatment under this section shall be covered pursuant to § 31-3102 for a minimum of 60 days per year for inpatient or residential care in a hospital or nonhospital residential facility, and at a minimum rate of 75% for the first 40 outpatient visits per year and at a minimum rate of 60% for any outpatient visits thereafter for that year.
D.C. Code § 31-4730 — DC Code / Title 31 / Chapter 47 / § 31-4730
§ 31-4730. Operative dates of §§ 31-4725 through 31-4730.
Status: in_force

(a) (1) Except as described in § 31-4727 , §§ 31-4725 through 31-4730 apply to policy forms filed 2 years after March 14, 1985.
  (2) No form shall be used in the District of Columbia 5 years after March 14, 1985, unless the form complies with § 31-4725 or unless the Commissioner approves the form under § 31-4726 .
  (3) (A) A form permitted to be used before 5 years after March 14, 1985, and complying with § 31-4725 need not be refiled to be approved under either § 31-4725 or § 31-4726 .
    (B) The forms described in subparagraph (A) of this paragraph may be used in the District of Columbia after the company files with the Commissioner a list of the forms used by the company and qualifying for the subparagraph (A) exception, the form number for each form, and, for each form, the certificate described in § 31-4725(d) .
(b) For individual forms and in the discretion of the Commissioner, the Commissioner may extend the deadlines described in subsection (a) of this section.
D.C. Code § 31-3514.02 — DC Code / Title 31 / Chapter 35 / § 31-3514.02
§ 31-3514.02. Establishment of Healthy DC and Health Care Expansion Fund.
Status: in_force

(a) There is established as a special fund the Healthy DC and Health Care Expansion Fund ("Fund"), which shall be administered by the Mayor in accordance with subsection (a-1) of this section.
(a-1) Money in the Fund shall be used to support the Healthy DC Program, established by § 4-632 , and other medical assistance programs administered by the Department of Health Care Finance.
(b) There shall be deposited into the Fund:
  (1) All tax revenue generated pursuant to § 31-3514.01 ;
  (2) Any other local funds, including any fees, penalties, or other tax revenues required by District law, including the premium tax imposed on health maintenance organizations, as required by § 31-3403.01 .
  (3) Annual appropriations, if any;
  (4) Federal grant funds;
  (5) All fines and penalties collected pursuant to Chapter 6A of Title 4 ; and
  (6) Grants, gifts, or subsidies from public or private sources.
(c) Repealed.
(d) Notwithstanding subsection (a-1) of this section, in each of fiscal years 2026, 2027, and 2028, $5,567,566 shall be transferred from the Fund to the General Fund of the District of Columbia.
(e) Any money remaining available in the Fund at the end of a fiscal year, as determined by the Chief Financial Officer in the fiscal year-end close, shall be transferred to the unassigned fund balance of the General Fund of the District of Columbia as part of the fiscal year-end close.
D.C. Code § 31-2351.11 — DC Code / Title 31 / Chapter 23M / § 31-2351.11
§ 31-2351.11. Provider's conditional right to continue doing business.
Status: in_force

A person engaged in the service contract business, as a provider or otherwise, in the District on or before the applicability date of this chapter that submits an application for registration as a provider pursuant to this chapter within 30 days after the Commissioner makes the application available, may continue to engage in business as a provider in the District until final agency action is taken by the Commissioner regarding the registration application and all rights to administrative judicial review have been exhausted or expired.
D.C. Code § 31-5720 — DC Code / Title 31 / Chapter 57 / § 31-5720
§ 31-5720. Insurance and/or annuities upon lives of children; applications — Required reserve.
Status: repealed

Repealed.
D.C. Code § 31-1209 — DC Code / Title 31 / Chapter 12 / § 31-1209
§ 31-1209. Annual audit of Insurance Regulatory Trust Fund or District of Columbia Health Benefit Exchange Authority Fund.
Status: in_force

Upon a vote of the Insurance Regulatory Trust Fund Bureau taken in accordance with its bylaws, the Insurance Regulatory Trust Fund Bureau, at its own expense, may annually arrange for an independent audit of the expenditures made in any fiscal year by the Insurance Regulatory Trust Fund or the District of Columbia Health Benefit Exchange Authority Fund established in § 31-3171.03(a) . The Commissioner, the Department of Insurance, Securities, and Banking, the Executive Director of the District of Columbia Health Benefit Exchange Authority, and all other elements of the District of Columbia government shall cooperate with such an audit and shall make available all documents and records reasonably necessary to the conduct of the audit.
D.C. Code § 31-5041.09 — DC Code / Title 31 / Chapter 50B / § 31-5041.09
§ 31-5041.09. Penalties and liabilities.
Status: in_force

(a) If the Commissioner determines that the title insurance producer or any other person has violated this chapter, or any rule or order promulgated under this chapter, after notice and opportunity to be heard, the Commissioner may order:
  (1) A penalty not exceeding $2,500 for the 1st violation;
  (2) A penalty not exceeding $5,000 for each successive violation; and
  (3) Revocation or suspension of the title insurance producer’s or title insurer’s license.
(b) If an order of rehabilitation or liquidation of the insurer has been entered pursuant to Chapter 13 of this title [ § 31-1301 et seq.], and the receiver appointed under that order determines that the title insurance producer or any other person has not complied with this chapter, or any related rule or order, and the insurer suffered any resulting loss or damage, the receiver may maintain an action for recovery of damages or other appropriate sanctions for the benefit of the insurer and its policyholders and creditors.
(c) This section shall not affect the right of the Commissioner to impose any other penalties provided for in acts relating to insurance which are codified in this title.
D.C. Code § 31-915 — DC Code / Title 31 / Chapter 9 / § 31-915
§ 31-915. Limitation of actions.
Status: in_force

Any action challenging the validity of or arising out of acts taken or proposed to be taken under this chapter shall be commenced within 30 days after the effective date of the plan.