D.C. Code § 31-2004 — DC Code / Title 31 / Chapter 20 / § 31-2004
§ 31-2004. Regulatory Action Level Event.
Status: in_force

(a) For the purposes of this chapter, the term “Regulatory Action Level Event” means, with respect to any insurer, any of the following events:
  (1) The filing of an RBC Report by the insurer which indicates that the insurer’s total adjusted capital is greater than or equal to its Authorized Control Level RBC, but less than its Regulatory Action Level RBC;
  (2) The notification by the Commissioner to an insurer of an Adjusted RBC Report that indicates the event in paragraph (1) of this subsection, provided the insurer does not challenge the Adjusted RBC Report under § 31-2007 ;
  (3) If, pursuant to § 31-2007 , the insurer challenges an Adjusted RBC Report that indicates the event in paragraph (1) of this subsection, the notification by the Commissioner to the insurer that the Commissioner has, after a hearing, rejected the insurer’s challenge;
  (4) The failure of the insurer to file an RBC Report by the filing date, unless the insurer has provided an explanation for such failure which is satisfactory to the Commissioner and has cured the failure within 10 days after the filing date;
  (5) The failure of the insurer to submit an RBC Plan to the Commissioner within the time period set forth in § 31-2003(c) ;
  (6) Notification by the Commissioner to the insurer that:
    (A) The RBC Plan or Revised RBC Plan submitted by the insurer is, in the judgment of the Commissioner, unsatisfactory; and
    (B) Such notification constitutes a Regulatory Action Level Event with respect to the insurer, provided the insurer has not challenged the determination under § 31-2007 ;
  (7) If, pursuant to § 31-2007 , the insurer challenges a determination by the Commissioner under paragraph (6) of this subsection, the notification by the Commissioner to the insurer that the Commissioner has, after a hearing, rejected such challenge;
  (8) Notification by the Commissioner to the insurer that the insurer has failed to adhere to its RBC Plan or Revised RBC Plan, but only if such failure has a substantial adverse effect on the ability of the insurer to eliminate the Company Action Level Event in accordance with its RBC Plan or Revised RBC Plan and the Commissioner has so stated in the notification, provided the insurer has not challenged the determination under § 31-2007 ; or
  (9) If, pursuant to § 31-2007 , the insurer challenges a determination by the Commissioner under paragraph (8) of this subsection, the notification by the Commissioner to the insurer that the Commissioner has, after a hearing, rejected the challenge.
(b) In the event of a Regulatory Action Level Event, the Commissioner shall:
  (1) Require the insurer to prepare and submit an RBC Plan or, if applicable, a Revised RBC Plan;
  (2) Perform such examination or analysis, as the Commissioner deems necessary, of the assets, liabilities, and operations of the insurer including a review of its RBC Plan or Revised RBC Plan; and
  (3) Subsequent to the examination or analysis, issue an order specifying such corrective actions as the Commissioner shall determine are required (“Corrective Order”).
(c) In determining corrective actions, the Commissioner may take into account such factors as are deemed relevant with respect to the insurer based upon the Commissioner’s examination or analysis of the assets, liabilities, and operations of the insurer, including, but not limited to, the results of any sensitivity tests undertaken pursuant to the RBC Instructions. The RBC Plan or Revised RBC Plan shall be submitted:
  (1) Within 45 days after the occurrence of the Regulatory Action Level Event;
  (2) If the insurer challenges an Adjusted RBC Report pursuant to § 31-2007 and the challenge is not frivolous in the judgment of the Commissioner, within 45 days after the notification to the insurer that the Commissioner has, after a hearing, rejected the insurer’s challenge; or
  (3) If the insurer challenges a Revised RBC Plan pursuant to § 31-2007 and the challenge is not frivolous in the judgment of the Commissioner, within 45 days after the notification to the insurer that the Commissioner has, after a hearing, rejected the insurer’s challenge.
(d) The Commissioner may retain actuaries and investment experts and other consultants as may be necessary in the judgment of the Commissioner to review the insurer’s RBC Plan or Revised RBC Plan, examine or analyze the assets, liabilities, and operations of the insurer, and formulate the Corrective Order with respect to the insurer. The fees, costs, and expenses relating to consultants shall be borne by the affected insurer or such other party as directed by the Commissioner.
D.C. Code § 31-1348 — DC Code / Title 31 / Chapter 13 / § 31-1348
§ 31-1348. Conservation of property of foreign or alien insurers found in the District of Columbia.
Status: in_force

(a) If a domiciliary liquidator has not been appointed, the Commissioner may apply to the Superior Court of the District of Columbia by verified petition for an order directing him or her to act as conservator to conserve the property of an alien insurer not domiciled in the District, or a foreign insurer, on any one or more of the following grounds:
  (1) Any of the grounds in § 31-1310 ;
  (2) That any of its property has been sequestered by official action in its domiciliary state, or in any other state;
  (3) That enough of its property has been sequestered in a foreign country to give reasonable cause to fear that the insurer is or may become insolvent; or
  (4) (A) That its certificate of authority to do business in the District has been revoked or that none was ever issued; and
    (B) That there are residents of the District with outstanding claims or outstanding policies.
(b) When an order is sought under subsection (a) of this section, the court shall cause the insurer to be given notice and time to respond reasonable under the circumstances.
(c) The court may issue the order in whatever terms it deems appropriate. The filing or recording of the order with the Clerk of the Superior Court of the District of Columbia shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds would have imparted.
(d) The conservator may at any time petition for, and the court may grant, an order under § 31-1349 to liquidate assets of a foreign or alien insurer under conservation, or, if appropriate, for an order under § 31-1351 to be appointed ancillary receiver.
(e) The conservator may at any time petition the court for an order terminating conservation of an insurer. If the court finds that the conservation is no longer necessary, it shall order that the insurer be restored to possession of its property and control of its business. The court may also make such a finding and issue such an order at any time upon motion of any interested party, but, if the motion is denied, all costs shall be assessed against the interested party.
D.C. Code § 31-1208 — DC Code / Title 31 / Chapter 12 / § 31-1208
§ 31-1208. Insurance Regulatory Trust Fund Bureau.
Status: in_force

(a) All insurers and health maintenance organizations subject to assessments in accordance with this chapter shall be members of an Insurance Regulatory Trust Fund Bureau, organized and maintained by such insurers and health maintenance organizations at their own expense, for the purpose of advising the Commissioner and the Executive Director of the District of Columbia Health Benefit Exchange Authority as to the need for the proposed assessments, including the assessment of health carriers in § 31-3171.03(f) , the fairness of the proposed assessments, and any other matters with respect to the administration of the Insurance Regulatory Trust Fund. The Commissioner and the Executive Director of the District of Columbia Health Benefit Exchange Authority shall submit to the Insurance Regulatory Trust Fund Bureau annually, in advance of the Mayor’s budget submission to the Council, a detailed budget showing how the proposed assessments are to be expended.
(b) The board of directors of the Insurance Regulatory Trust Fund Bureau shall consist of no fewer than 15 members and shall include at least a majority of the health carriers issuing qualified health plans and some representation from health carriers issuing qualified dental plans as defined in § 31-3171.01 .
D.C. Code § 31-4707 — DC Code / Title 31 / Chapter 47 / § 31-4707
§ 31-4707. Ascertainment of loan indebtedness.
Status: in_force

In ascertaining the indebtedness due upon policy or premium loans the interest, if not paid when due, shall be added to the principal of such loans and shall bear interest at the rate specified in the note or loan agreement.
D.C. Code § 31-2502.39 — DC Code / Title 31 / Chapter 25 / § 31-2502.39
§ 31-2502.39. Persons not to act for unauthorized companies.
Status: in_force

Except as provided in § 31-2502.40 , no person shall act as agent in the District for any company which is not authorized to do business in the District, nor shall any person directly or indirectly negotiate for or solicit applications for policies of, or for membership in, any company which is not authorized to do business in the District. The term “company” as used in this section shall include any association, society, company, corporation, joint-stock company, individual, partnership, trustee, or receiver engaged in the business of assuming risks of insurance, surety, or indemnity, and any Lloyd’s organization, assessment, or cooperative fire company, or any reciprocal or interinsurance exchange and any company, association, or society, whether organized for profit or not, conducting a business, including any of the principles or features of insurance, surety, or indemnity. Any person who violates any provision of this section upon conviction shall be fined not less than $100 nor more than $1,000 for each offense, or be imprisoned for not more than 12 months, or both, and any such person shall be personally liable to any resident of the District having claim against any such unauthorized company under any policy which said person has solicited or negotiated, or has aided in soliciting or negotiating; provided, that the provisions of this section shall not apply to any person who negotiates with an unauthorized company for policies covering his own property or interests, nor shall the provisions of this section apply to the officers, agents, or representatives of any company which is in process of organization under the laws of the District, and which is authorized temporarily to solicit or secure memberships or applications for policies for the purpose of completing such organization. Prosecutions for violations of this section shall be upon information filed in the Superior Court of the District of Columbia by the Corporation Counsel or any of his assistants.
D.C. Code § 31-3932.11 — DC Code / Title 31 / Chapter 39A / § 31-3932.11
§ 31-3932.11. Reinsurance.
Status: in_force

An SPFC contract which complies with this subchapter shall be granted credit for reinsurance treatment or otherwise qualifies as an asset or a reduction from liability for reinsurance ceded by a domestic insurer to an SPFC as an assuming insurer pursuant to § 31-502 , for the benefit of the counterparty; provided, that:
(1) Credit shall be granted only to the extent of the fair value of the assets held in trust for, or irrevocable letters of credit issued by a bank chartered by the District or a member bank of the Federal Reserve System or as approved by the Commissioner, for the benefit of the counterparty under the SPFC contract;
(2) The assets are held in trust pursuant to this subchapter;
(3) The assets are administered in the manner and pursuant to arrangements as provided in this subchapter; and
(4) The assets are held or invested in one or more of the forms allowed by § 31-3932.07 .
D.C. Code § 31-1201 — DC Code / Title 31 / Chapter 12 / § 31-1201
§ 31-1201. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Assessable year” means the calendar year in which the direct gross receipts are received or derived from insurance business in the District of Columbia.
(1A) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.
(1A-i) “Continuing Care Retirement Community Regulatory and Supervision Trust Account” or “Account” means the account established within the Insurance Regulatory Trust Fund for the purpose of administering Chapter 1A of Title 44 [ § 44-151.01 et seq.], and for reasonable expenses incurred in promoting the continuing care retirement community industry in the District.
(1B) “Department of Insurance, Securities, and Banking” means the District of Columbia’s regulatory body which is responsible for administering the insurance laws and health maintenance organization laws of the District of Columbia.
(2) “Direct gross receipts” means all policy and membership fees and net premium receipts or consideration received in a calendar year on all insurance risks and annuity contracts originating in or from the District of Columbia. Direct gross receipts shall not include any policy or membership fees, net premium receipts, or consideration received from or paid by the District of Columbia’s Department of Health Care Finance.
(3) Repealed.
(4) “Insurer” means any person, firm, association, or corporation duly licensed in the District of Columbia pursuant to the applicable provisions of District insurance law as an insurer. In addition, Group Hospitalization and Medical Service Incorporated, shall be defined as an insurer.
(5) “Net premium receipts or consideration received” means gross premiums or consideration received less the sum of premiums received for reinsurance assumed and premiums or consideration returned on policies or contracts canceled or not taken.
(6) Repealed.
D.C. Code § 31-3520 — DC Code / Title 31 / Chapter 35 / § 31-3520
§ 31-3520. Oversight role and fiduciary obligation of directors, officers, and employees.
Status: in_force

(a) The Mayor shall promulgate regulations establishing the oversight role and fiduciary obligation of each member of the board of directors or trustees of a corporation issued a certificate of authority under this chapter. Such regulations shall require the corporation to adopt a code of conduct and compliance program for all board members, officers and employees of the corporation.
(b) A corporation issued a certificate of authority under this chapter shall file with the Mayor annually, on or before June 1, a copy of its bylaws which shall require the corporation’s board of directors or trustees to adopt policies consistent with the provisions of the code of conduct and compliance program regulations promulgated by the Mayor. Any amendments to the bylaws shall be filed with the Mayor by the corporation within 30 days of adoption by the board.
D.C. Code § 31-1131.12 — DC Code / Title 31 / Chapter 11A / § 31-1131.12
§ 31-1131.12. License denial, nonrenewal, suspension, or revocation.
Status: in_force

(a) The Commissioner may refuse to issue an insurance producer license; place an insurance producer on probation; suspend, revoke, or refuse to renew an insurance producer’s license; levy a civil penalty in accordance with subsection (d) of this section; issue subpoenas and administer oaths; or take any combination of these actions if an insurance producer or an applicant for an insurance producer license:
  (1) Provides incorrect, misleading, incomplete, or materially untrue information in the license application;
  (2) Violates any insurance laws or any regulation, subpoena, or order of the Commissioner or of another state’s insurance commissioner;
  (3) Obtains, or attempts to obtain, a license through misrepresentation or fraud;
  (4) Improperly withholds, misappropriates, or converts any monies or properties received in the course of doing insurance business;
  (5) Intentionally misrepresents the terms of an actual or proposed insurance contract or application for insurance;
  (6) Is convicted of a felony;
  (7) Admits committing, or is found to have committed, any insurance unfair trade practice or fraud;
  (8) Uses fraudulent, coercive, or dishonest practices, or demonstrates incompetence, untrustworthiness, or financial irresponsibility in the conduct of business in the District or elsewhere;
  (9) Has an insurance producer license, or its equivalent, denied, suspended, or revoked in any state or territory of the United States, province of Canada, or other foreign country;
  (10) Forges another’s name to an application for insurance or to any document related to an insurance transaction;
  (11) Improperly uses notes or any other reference material to complete, or otherwise cheats on, an examination for an insurance license;
  (12) Knowingly accepts insurance business from an individual who is not licensed;
  (13) Fails to comply with an administrative or court order imposing a child support obligation;
  (14) Fails to pay District income tax or comply with any administrative or court order directing payment of District income tax;
  (15) Repealed; or
  (16) Is found to have misrepresented satisfactory completion of, or improperly used notes or other reference material to complete, or otherwise cheats on, an examination in a prelicensure or continuing education course.
(a-1) In addition to the reasons set forth in subsection (a) of this section, the Commissioner may place a business entity insurance producer on probation; suspend, revoke, or refuse to renew a business entity insurance producer’s license; or levy a civil penalty against a business entity insurance producer if:
  (1) One or more of the partners, officers, or managers acting on behalf of the business entity knew or should have known of the occurrence of a license violation;
  (2) The violation was not reported to the Commissioner; and
  (3) Corrective action was not taken.
(b) (1) Except as provided in paragraph (2) of this subsection, the Commissioner shall not place an insurance producer on probation; suspend, revoke, or refuse to renew an insurance producer’s license; or levy a civil penalty against an insurance producer without first providing the following notice and opportunity for hearing to the applicant or licensee. The Commissioner shall notify the applicant or licensee, in writing, of the proposed action and the reason for the proposed action. The Commissioner shall also inform the applicant or licensee, in writing, that the applicant or licensee may, within 30 days after the date of the Commissioner’s notice, request a hearing to determine whether the proposed action should be taken. If a hearing is requested, the Commissioner, or a designee of the Commissioner, shall hold the hearing within 30 days after the date of receipt by the Commissioner of the written request, and the Commissioner shall not, except as provided in paragraph (2) of this subsection, take the proposed action before the close of the hearing.
  (2) (A) If the Commissioner determines that further transaction of business by a producer would be hazardous to the public or the policyholders or creditors of the producer, the Commissioner may revoke or suspend the license of the producer without giving notice or prior opportunity for a hearing; provided, that the Commissioner shall provide to the producer the opportunity for a hearing within 30 days after the effective date of the order of the revocation or suspension.
    (B) The Commissioner may refuse to issue an initial insurance producer license without giving notice or prior opportunity for a hearing; provided, that the Commissioner shall provide to the applicant the opportunity for a hearing within 30 days after the date of the denial.
  (3) In a hearing under this subsection, the Commissioner may administer oaths to witnesses and issue subpoenas for witnesses and documents. A witness testifying falsely under oath shall be subject to the penalties of perjury. The Commissioner’s authority to issue subpoenas shall not be limited to hearings if the Commissioner determines that the issuance of a subpoena is useful or necessary to protect the public interest. If a person refuses to obey a subpoena issued by the Commissioner, the Commissioner may petition the Superior Court of the District of Columbia (“Superior Court”) to enforce the subpoena, and the Superior Court may issue an order requiring the person to appear and testify before the Commissioner or produce documents. A person failing to obey the Superior Court’s order may be held in contempt of court.
(c) Repealed.
(d) In addition to or in lieu of any applicable denial of renewal, suspension, or revocation of a license, the Commissioner may, after a hearing, take any of the following actions:
  (1) Impose a civil penalty not to exceed $5,000; or
  (2) Require restitution to any person who has suffered financial injury or damage as a result of the violation of the license.
(d-1) A person affected or aggrieved by an order, ruling, proceeding, or action of the Commissioner, or any person acting on behalf of the Commissioner, under this section may contest the validity of the same in any court of competent jurisdiction by appeal or through any other appropriate proceedings. In any proceeding or appeal, the Commissioner shall not be:
  (1) Taxed with any costs;
  (2) Required to give any supersedeas bond or security for costs or damages;
  (3) Subject to suit or action or liable for any judgment or decree for any damages, loss, or injury claimed by any person on any appeal taken; or
  (4) Required to make any deposit for costs or pay for any service to the clerks of any court or to any marshal of the United States, except as may be inconsistent with law.
(e) Notwithstanding the revocation, surrender, or lapse of a license, the Commissioner may enforce the provisions of, and impose any penalty or remedy authorized by, this chapter or any other District law relating to insurance against any person who is under investigation for or charged with a violation of this chapter or any other District law relating to insurance.
D.C. Code § 31-3004 — DC Code / Title 31 / Chapter 30 / § 31-3004
§ 31-3004. Applicability.
Status: in_force

(a) The requirements of this chapter shall apply to all health benefit plans issued, delivered, renewed, or reissued on the 91st day after October 21, 2000.
(b) All health benefit plans other than the health benefit plans specified in subsection (a) of this section shall comply with the requirements of this chapter within 180 days after the date specified in subsection (a) of this section.
D.C. Code § 31-5002 — DC Code / Title 31 / Chapter 50 / § 31-5002
§ 31-5002. Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires:
(1) The term “Mayor” means the Mayor of the District of Columbia or his designated agent.
(2) The term “basic property insurance” means insurance against direct loss to property caused by perils as defined and limited in the standard fire policy and extended coverage endorsement thereon, as approved by the Commissioner.
(3) The term “environmental hazard” means any hazardous condition that might give rise to loss under an insurance contract, but which is beyond the control of the property owner.
(3A) The term “homeowner’s insurance” means insurance for residential property that provides a combination of coverages, including fire, extended coverage, vandalism and malicious mischief, burglary, theft, and personal liability. The term shall include a policy of insurance which is limited to basic market value, repair cost, or actual cash value contracts for owner-occupants of one-to-four-family dwellings as approved by the Commissioner.
(4) The term “inspection bureau” means any rating bureau or other organization designated by the Mayor to perform inspections to determine the condition of the properties for which basic property insurance or homeowner’s insurance is sought.
(5) The terms “Industry Placement Facility” and “Facility” mean the facility consisting of all insurers licensed to write and engaged in writing basic property insurance or homeowner’s insurance (including homeowners and commercial multiperil policies) within the District of Columbia to assist agents, brokers, and applicants in securing basic property insurance or homeowner’s insurance.
(6) The term “premiums written” means gross direct premiums charged with respect to property in the District of Columbia on all policies of basic property insurance and the basic property insurance premium components of all multiperil policies, less all premiums and dividends returned, paid, or credited to policyholders or the unused or unabsorbed portions of premiums deposits.
(7) The term “property owner” means any person having an insurable interest in real, personal, or mixed real and personal property.
D.C. Code § 31-5705 — DC Code / Title 31 / Chapter 57 / § 31-5705
§ 31-5705. Service of process on nonresident associations.
Status: repealed

Repealed.
D.C. Code § 31-4421 — DC Code / Title 31 / Chapter 44 / § 31-4421
§ 31-4421. Directors — Annual election; qualifications; limitation on proxies.
Status: in_force

The stock, property, and business of every company organized under this subdivision shall be managed by the directors who shall, except for the 1st year, be annually elected, at such time and place as shall be determined by the bylaws of the company. All proxies used in the election of directors of such companies shall be valid for a period not exceeding 1 year from the election for which they were signed and in which they were authorized to be voted.
D.C. Code § 31-3425 — DC Code / Title 31 / Chapter 34 / § 31-3425
§ 31-3425. Filings and reports as public documents.
Status: in_force

All applications, filings, and reports required under this chapter shall be treated as public documents, except those which are trade secrets or privileged or confidential quality assurance, commercial, and financial information, other than any annual financial statement that may be required under § 31-3408 [repealed].
D.C. Code § 31-3931.19 — DC Code / Title 31 / Chapter 39A / § 31-3931.19
§ 31-3931.19. Captive insurance regulatory and supervision trust account.
Status: in_force

All fees, fines, penalties, and assessments received by the Commissioner under this chapter shall be deposited in, and credited to, the account established by § 31-1202(BB) , and expended in accordance with § 31-1202(BB) .
D.C. Code § 31-2502.37 — DC Code / Title 31 / Chapter 25 / § 31-2502.37
§ 31-2502.37. Unauthorized solicitation or representation.
Status: repealed

Repealed.
D.C. Code § 31-5031.14 — DC Code / Title 31 / Chapter 50A / § 31-5031.14
§ 31-5031.14. Conditions for maintaining escrow and indemnity deposit accounts.
Status: in_force

(a) A title insurer may operate as an escrow, indemnity, settlement, or closing agent, if:
  (1) All funds deposited with the title insurer in connection with any escrow, settlement, closing, or indemnity deposit shall be submitted for collection to or deposited in a fiduciary trust account in a qualified financial institution no later than the close of the next business day in accordance with the following requirements:
    (A) 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 insurer in a manner that permits the funds to be identified on an individual basis; and
    (B) The funds shall be applied only in accordance with the terms of the individual instructions or agreements under which the funds were accepted.
(b) Funds held in an escrow account shall be disbursed only pursuant to a written instruction or agreement specifying how and to whom the funds may be disbursed.
(c) 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 insurer 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 the Commissioner may require.
(d) 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 instructions for the funds or a governing law provides otherwise.
(e) 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 insurer or the insurer’s depository;
  (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 insurer 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 credits transfers and conform to the operating rules set forth by the National Automated Clearing House Association.
(f) This chapter shall not:
  (1) Prohibit the recording of documents prior to the time funds are available for disbursement with respect to a transaction; provided, that all parties consent to the transaction in writing; or
  (2) Amend, alter, or supersede other sections of this chapter, or the laws of the District of Columbia or the United States, regarding an escrow holder’s duties and obligations.
(g) The Commissioner may prescribe a standard agreement for escrow, settlement, closing, or indemnity deposit funds.
D.C. Code § 31-2502.40 — DC Code / Title 31 / Chapter 25 / § 31-2502.40
§ 31-2502.40. License to procure policies from unauthorized companies.
Status: in_force

(a) Any person may be licensed as a surplus lines insurance producer under Chapter 11A of this title to procure policies from companies which are not authorized to do business in the District where such person is, after diligent effort, unable to procure policies to cover the kind or kinds of business required from companies duly authorized to transact business in the District. Each agent or broker so licensed shall pay to the Collector of Taxes, through the Commissioner, on February 1st and August 1st of each year, a sum equal to 2 per centum of the amount of the gross premiums upon all kinds of policies procured by him during the immediately preceding 6 months’ period ending December 31st and June 30th, respectively, and, in default of such payment, the Commissioner, through the Corporation Counsel, may bring suit to recover the same. Each agent or broker so licensed to procure policies from unauthorized companies shall execute and file with the Department on or before the 10th day of each month an affidavit covering the transactions of the previous calendar month, setting forth:
  (1) The description and location of the insured property or risk, and the name of the assured;
  (2) The amount insured in the policy or contract;
  (3) The gross premiums charged thereon;
  (4) The name of the company whose policy or contract is issued, and the kind or kinds of business effected; and
  (5) That said agent or broker after diligent effort was unable to procure the policies or contracts required to protect the property or risk described in the affidavit from companies duly authorized to transact business in the District.
(b) Each agent or broker so licensed to procure policies from unauthorized companies shall keep a separate account of the business transacted thereunder, which shall be open at all times to the inspection of the Commissioner. The license provided for in this section may be revoked or renewal thereof refused for failure to pay the tax or to file the affidavit specified herein, or if the agent or broker procured policies from unauthorized companies without exercising diligent effort to secure the required business in duly authorized companies, or if the agent or broker procured policies from unauthorized companies whose standards of solvency and management do not meet the requirements necessary for the protection of the policyholders, or if the agent or broker has placed with any unauthorized company any risk which could be placed with an authorized company except for abnormal provisions of the policy, or if the agent or broker has procured from an unauthorized company any policy which covers a risk of a class generally covered in the District by authorized companies and which authorized companies would cover at a rate not higher than that charged by authorized companies on other District risks of the same class.
(c) (1) Each agent or broker engaged by the District of Columbia government to procure insurance on its behalf shall be exempt from the requirement, as set forth in subsection (a) of this section, to pay the 2 per centum of the amount of the gross premiums upon all kinds of policies procured by the agent or broker on behalf of the District of Columbia government.
  (2) To claim this exemption, the agent or broker shall include a statement identifying, for each item enumerated in the affidavit required by subsection (a) of this section, the portion allocated to policies procured on behalf of the District of Columbia government.
  (3) The exemption provided in this subsection shall not be construed to exempt any agent or broker from any other requirement imposed by this section.
D.C. Code § 31-107 — DC Code / Title 31 / Chapter 1 / § 31-107
§ 31-107. Department of Insurance, Securities, and Banking funding.
Status: in_force

(a) Control of the Insurance Regulatory Trust Fund, and all monies required to be deposited therein, pursuant to Chapter 7 of this title , is transferred to the Department.
(b) Repealed.
(b-1) Repealed.
(b-2) (1) There is established within the General Fund of the District of Columbia a trust fund designated as the Securities and Banking Regulatory Trust Fund ("Fund"), which shall be administered by the Mayor, through the Commissioner.
  (2) All licensing fees, fines, and any other fees imposed, assessed, and collected for securities regulation and banking regulation shall be deposited into the Fund.
  (3) Money in the Fund, in order of priority shall be:
    (A) Used for the expenses of the Securities and Banking Bureau in the discharge of its administrative and regulatory duties as prescribed by law; and
    (B) On October 1 of each year, converted to local funds revenue in the amount of $12.63 million.
(c) The administrative costs of the Department, including the compensation of the Commissioner and the Department’s central administrative staff, shall be charged on a pro-rata basis to each of the respective Bureau trust funds in a manner reflecting the central administrative costs associated with the operation of each Bureau. In no circumstances shall monies collected and deposited pursuant to the statutory funding requirements of the District of Columbia Securities Act, the Investment Advisors Act, and the Insurance Regulatory Trust Fund Act, be commingled or used to fund the regulatory activities of a bureau other than the bureau regulating the activities for which the respective funds were established.
(d) The Mayor shall submit to the Council, as part of the annual budget, a budget for the Department and a request for an appropriation for expenditures from the Insurance Regulatory Trust Fund and the Securities and Banking Regulatory Trust Fund. The Mayor’s request shall be based on an estimated projection of the expenditures necessary to perform the administration and regulatory functions of the Department. This estimate shall include, but not be limited to, expenditures for salaries, fringe benefits, overhead charges, travel, training, supplies, technical, professional, and any and all other services necessary to discharge the duties and responsibilities of this subchapter.
D.C. Code § 31-4431 — DC Code / Title 31 / Chapter 44 / § 31-4431
§ 31-4431. Voting-trust agreements.
Status: in_force

It shall be unlawful for any stockholder, director, or officer of any company having capital stock to enter into any contract or agreement, commonly known as “voting-trust agreements,” whereby the rights, benefits, or liabilities attaching to the capital stock are transferred or assigned, temporarily or otherwise, to any person or group of persons, incorporated or unincorporated, for the purpose of controlling, managing, or directing the company, or voting its stock; provided, that this section shall not prevent the granting of proxies by stockholders authorizing a designated individual to represent them at stockholders’ meetings.
D.C. Code § 31-3303.07 — DC Code / Title 31 / Chapter 33 / § 31-3303.07
§ 31-3303.07. Limitation on preexisting condition exclusion period.
Status: in_force

(a) Subject to subsection (b) of this section, a health insurer offering group health insurance coverage may, with respect to a participant or beneficiary, impose a preexisting limitation only if (i) such exclusion relates to a condition (whether physical or mental), regardless of the cause of the condition, for which medical advice, diagnosis, care, or treatment was recommended or received within the 6-month period ending on the enrollment date, (ii) such exclusion extends for a period of not more than 12 months (or 18 months in the case of a late enrollee) after the enrollment date, and (iii) the period of any such preexisting condition exclusion is reduced by the aggregate of the periods of creditable coverage, if any, applicable to the participant or beneficiary as of the enrollment date.
(b) (1) Subject to paragraph (4) of this subsection, a group health plan, and a health insurer offering health insurance coverage, may not impose any preexisting condition exclusion in the case of an individual who, as of the last day of the 30-day period beginning with the date of birth, is covered under creditable coverage.
  (2) Subject to paragraph (4) of this subsection, a group health plan, and a health insurer offering health insurance coverage, may not impose any preexisting condition exclusion in the case of a child who is adopted or placed for adoption before attaining 18 years of age and who, as of the last day of the 30-day period beginning on the date of the adoption or placement for adoption, is covered under creditable coverage. The previous sentence shall not apply to coverage before the date of such adoption or placement for adoption.
  (3) A group health plan, and health insurer offering health insurance coverage, may not impose any preexisting condition exclusion relating to pregnancy as a preexisting condition.
  (4) Paragraphs (1) and (2) of this subsection shall no longer apply to an individual after the end of the first 63-day period during all of which the individual was not covered under any creditable coverage.
(c) A period of creditable coverage shall not be counted, with respect to enrollment of an individual under a health benefit plan, if, after such period and before the enrollment date, there was a 63-day period during all of which the individual was not covered under any creditable coverage.
(d) For purposes of subsections (b)(4) and (c) of this section, any period that an individual is in a waiting period for any coverage under a group health plan (or for group health insurance coverage), or is in an affiliation period, shall not be taken into account in determining the continuous period under subsection (c) of this section.
(e) (1) Except as otherwise provided under paragraph (2) of this subsection, a group health plan and a health insurer offering group health coverage shall count a period of creditable coverage without regard to the specific benefits covered during the period.
  (2) A group health plan, or a health insurer offering group health insurance coverage, may elect to count a period of creditable coverage based on coverage of benefits within each of several classes or categories of benefits rather than as provided under paragraph (1) of this subsection. Such election shall be made on a uniform basis for all participants and beneficiaries. Under such election a group health plan or health insurer shall count a period of creditable coverage with respect to any class or category of benefits if any level of benefits is covered within such class or category.
  (3) In the case of an election with respect to a group plan under paragraph (2) of this subsection (whether or not health insurance coverage is provided in connection with such plan), the plan shall:
    (A) Prominently state in any disclosure statements concerning the plan, and state to each enrollee at the time of enrollment under the plan, that the plan has made such election; and
    (B) Include in such statements a description of the effect of this election.
  (4) In the case of an election under paragraph (2) of this subsection with respect to health insurance coverage offered by a health insurer in the small or large group market, the health insurer shall:
    (A) Prominently state in any disclosure statements concerning the coverage, and to each employer at the time of the offer or sale of the coverage, that the health insurer has made such election; and
    (B) Include in such statements a description of the effect of such election.
(f) Periods of creditable coverage with respect to an individual shall be established through presentation of certifications described in subsection (g) of this section or in such other manner as may be specified in federal regulations.
(g) A health insurer offering group health insurance coverage shall provide for certification of the period of creditable coverage:
  (1) At the time an individual ceases to be covered under the plan or otherwise becomes covered under a COBRA continuation provision;
  (2) In the case of an individual becoming covered under a COBRA continuation provision, at the time the individual ceases to be covered under such provision; and
  (3) At the request, or on behalf of, an individual made not later than 24 months after the date of cessation of the coverage described in paragraphs (1) or (2) of this subsection, whichever is later. The certification under paragraph (1) of this subsection may be provided, to the extent practicable, at a time consistent with notices required under any applicable COBRA continuation provision.
(h) In the case of an election described in subsection (e)(2) of this section by a group health insurer, if the group health plan or health insurer enrolls an individual for coverage under the plan and the individual provides a certification of coverage of the individual under subsection (f) of this section:
  (1) Upon request of such group health insurer, the entity which issued the certification provided by the individual shall promptly disclose to such requesting insurer information on coverage of classes and categories of health benefits available under such entity’s plan or coverage; and
  (2) Such entity may charge the requesting group health plan or health insurer for the reasonable cost of disclosing such information.
(i) A health insurer offering group health insurance coverage shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage as a late enrollee for coverage under the terms of the plan if each of the following conditions is met:
  (1) The employee or dependent was covered under a group health plan or had health insurance coverage at the time coverage was previously offered to the employee or dependent.
  (2) The employee stated in writing at such time that coverage under a group health plan or health insurance coverage was the reason for declining enrollment, but only if the plan sponsor or health insurer (if applicable) required such a statement at such time and provided the employee with notice of such requirement (and the consequences of such requirement) at such time.
  (3) The employee’s or dependent’s coverage described in paragraph (1) of this subsection: (i) was under a COBRA continuation provision and the coverage under such provision was exhausted; or (ii) was not under such a provision and either the coverage was terminated as a result of loss of eligibility for the coverage (including as a result of legal separation, divorce, death, termination of employment, or reduction in the number of hours of employment) or employer contributions towards such coverage were terminated.
  (4) Under the terms of the plan, the employee requests such enrollment not later than 30 days after the date of exhaustion of coverage described in paragraph (3)(i) of this subsection or termination of coverage or employer contribution described in paragraph (3)(ii) of this subsection.
(j) A health insurer is deemed to make coverage available with respect to a dependent of an individual if:
  (1) The individual is a participant under the plan (or has met any waiting period applicable to becoming a participant under the plan and is eligible to be enrolled under the plan but for a failure to enroll during a previous enrollment period); and
  (2) A person becomes such a dependent of the individual through marriage, birth, or adoption or placement for adoption, the group health insurer shall provide for a dependent special enrollment period during which the person (or, if not otherwise enrolled, the individual) may also be enrolled under the plan as a dependent of the individual, and in the case of the birth or adoption of a child, the spouse of the individual may also be enrolled as a dependent of the individual if such spouse is otherwise eligible for coverage.
(k) A dependent special enrollment period under subsection (j) of this section shall be a period of not less than 30 days and shall begin on the later of the date dependent coverage is made available, or the date of the marriage or domestic partnership, birth, or adoption or placement for adoption (as the case may be).
(l) If an individual seeks to enroll a dependent during the first 30 days of such a dependent special enrollment period, the coverage of the dependent shall become effective:
  (1) In the case of marriage or domestic partnership, not later than the first day of the first month beginning after the date the completed request for enrollment is received;
  (2) In the case of a dependent’s birth, as of the date of such birth; or
  (3) In the case of a dependent’s adoption or placement for adoption, the date of such adoption or placement for adoption.
D.C. Code § 31-3759 — DC Code / Title 31 / Chapter 37 / § 31-3759
§ 31-3759. Remedies.
Status: repealed

Repealed.
D.C. Code § 31-3152 — DC Code / Title 31 / Chapter 31B / § 31-3152
§ 31-3152. Procedures for voluntary withdrawal by carriers.
Status: in_force

(a) A carrier shall give the Commissioner written notice, prior to notifying the members of the health benefit plan, of its intent to discontinue the offering of all health benefit plans in the District of Columbia and shall submit to the Commissioner an application with the following information:
  (1) The name of the carrier;
  (2) The name, address, telephone number, and facsimile number of the carrier’s representative responsible for the activities pertaining to withdrawing from the District of Columbia health insurance market;
  (3) A specific description of the reasons the carrier is withdrawing its health benefit plans from the District of Columbia health insurance market;
  (4) A statement of the number of in-force policies affected by the withdrawal;
  (5) A copy of the nonrenewal notice, which complies with HIPAA, that the carrier will send to its enrollees and dependents once its application is approved; and
  (6) Any other information or documentation that the Commissioner considers relevant and appropriate in connection with the carrier ceasing to offer a health benefit plan in the District of Columbia.
(b) The carrier shall obtain prior approval of its application from the Commissioner before it commences to voluntarily withdraw from the District of Columbia health insurance market.
(c) The Commissioner shall complete his or her review of the application submitted by the carrier to withdraw from the District of Columbia health insurance market within 60 days after receipt of all requested documentation.
(d) To ensure that health care services will be available and accessible to all group and nongroup policyholders of a withdrawing carrier, the Commissioner may allocate the group and nongroup contracts among other carriers in a similar manner as provided in § 31-3414 .
(e) The Commissioner may condition his or her approval of the carrier’s application upon the terms and conditions as are necessary for the protection of the carrier’s policyholders, its creditors, or the public interest.
D.C. Code § 31-5110.01 — DC Code / Title 31 / Chapter 51 / § 31-5110.01
§ 31-5110.01. Insurance plans and programs submitted pursuant to § 42-836.01(2)(B).
Status: repealed

Repealed.
D.C. Code § 31-2502.06 — DC Code / Title 31 / Chapter 25 / § 31-2502.06
§ 31-2502.06. Receivership proceedings; insolvency; impairment.
Status: repealed

Repealed.
D.C. Code § 31-810 — DC Code / Title 31 / Chapter 8 / § 31-810
§ 31-810. Termination reports.
Status: repealed

Repealed.
D.C. Code § 31-2602.25 — DC Code / Title 31 / Chapter 26 / § 31-2602.25
§ 31-2602.25. Licensees to maintain office and keep records; contents, inspection and confidentiality of records; violations.
Status: repealed

Repealed.
D.C. Code § 31-4101 — DC Code / Title 31 / Chapter 41 / § 31-4101
§ 31-4101. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking, or the commissioner, director, or superintendent of insurance in any other state.
  (A) Any person who performs that work; or
  (B) Any person who hires an independent contractor to perform that work, but shall include liability for activities which are completed or abandoned before the date of the occurrence giving rise to the liability.
(1A) “Completed operations liability” means liability arising out of installation, maintenance, or repair of any product at a site which is not owned or controlled by:
(2) “District” means the District of Columbia.
(3) “Domicile”, for purposes of determining the state in which a purchasing group is domiciled, means:
  (A) For a corporation, the state in which the purchasing group is incorporated; and
  (B) For an unincorporated entity, the state of its principal place of business.
(4) “Hazardous financial condition” means that, based on its present reasonably anticipated financial condition, a risk retention group, although not yet financially impaired or insolvent, is unlikely to be able to:
  (A) Meet obligations to policyholders with respect to known claims and reasonably anticipated claims;
  (B) Pay other obligations in the normal course of business; or
  (C) Meet the minimum capital and surplus requirements of licensed property and casualty insurance companies.
(5) “Insurance” means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under the laws of the District.
(6) “Liability” means legal liability for damages, including costs of defense, legal costs, and fees, and other claims expenses, because of injuries to other persons, damage to their property, or other damage or loss to other persons resulting from or arising out of any business (whether profit or nonprofit), trade, product, services (including professional services), premises, or operations, or any activity of any state or local government, or any agency or political subdivision thereof. The term “liability” does not include personal risk liability and an employer’s liability with respect to its employees other than legal liability under the Federal Employers’ Liability Act (45 U.S.C. § 51 et seq.).
(7) “NAIC” means National Association of Insurance Commissioners.
(8) “Personal risk liability” means liability for damages because of injury to any person, damage to property, or other loss or damage resulting from any personal, familial, or household responsibilities or activities, rather than from responsibilities or activities referred to in paragraph (10) of this section.
(9) “Plan of operation or a feasibility study” means an analysis which presents the expected activities and results of a risk retention group including, at a minimum:
  (A) Information sufficient to verify that its members are engaged in businesses or activities similar or related with respect to the liability to which the members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations;
  (B) For each state in which it intends to operate, the coverages, deductibles, coverage limits, rates, and rating classification systems for each line of insurance the group intends to offer;
  (C) Historical and expected loss experience of the proposed members and national experience of similar exposures to the extent that this experience is reasonably available;
  (D) Pro forma financial statements and projections;
  (E) Appropriate opinions by a qualified, independent casualty actuary including a determination of minimum premium or participation levels required to commence operations and to prevent a hazardous financial condition;
  (F) Identification of management, underwriting, and claims procedures marketing methods, managerial oversight methods, investment policies, and reinsurance agreements;
  (G) Identification of each state in which the risk retention group has obtained, or sought to obtain, a charter and license, and a description of its status in each state; and
  (H) Other matters as may be prescribed by the insurance commissioner of the jurisdiction in which the risk retention group is chartered for liability insurance companies authorized by the insurance laws of that jurisdiction.
(10) “Product liability” means liability for damages because of any personal injury, death, emotional harm, consequential economic damage, or property damage (including damages resulting from the loss of use of property) arising out of the manufacture, design, importation, distribution, packaging, labeling, lease, or sale of a product, but does not include the liability of any person for those damages if the product involved was in the possession of the person when the incident giving rise to the claim occurred.
(11) “Purchasing group” means any group which:
  (A) Has as one of its purposes the purchase of liability insurance on a group basis;
  (B) Purchases liability insurance only for its group members and only to cover their similar or related liability exposure, as described in subparagraph (C) of this paragraph;
  (C) Is composed of members whose businesses or activities are similar or related with respect to the liability to which members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations; and
  (D) Is domiciled in any state.
(12) “Risk retention group” means any corporation or other limited liability association:
  (A) Whose primary activity consists of assuming and spreading all, or any portion, of the liability exposure of its group members;
  (B) Which is organized for the primary purpose of conducting the activity described under subparagraph (A) of this paragraph;
  (C) Which is chartered and licensed as a liability insurance company and authorized to engage in the business of insurance under the laws of any state; or which, before January 1, 1985, was chartered or licensed and authorized to engage in the business of insurance under the laws of Bermuda or the Cayman Islands and, before that date, had certified to the insurance commissioner of at least 1 state that it satisfied the capitalization requirements of that state, except that any group shall be considered a risk retention group only if it has been engaged in business continuously since that date and only for the purpose of continuing to provide insurance to cover product liability or completed operations liability, as these terms were defined in the federal Product Liability Risk Retention Act of 1981, approved September 25, 1981 (95 Stat. 949; 15 U.S.C. § 3901 et seq.), before the date of the enactment of the Liability Risk Retention Act of 1986, approved October 27, 1986 (100 Stat. 3170; 15 U.S.C. § 3901 et seq.);
  (D) Repealed.
  (E) Which does not exclude any person from membership in the group solely to provide members of the group a competitive advantage over that person;
  (F) Which has as its owners only persons who comprise the membership of the risk retention group and who are provided insurance by the group, or has as its sole owner an organization which has as its members only persons who comprise the membership of the risk retention group, and as its owners only persons who comprise the membership of the risk retention group and who are provided insurance by the group;
  (G) Whose members are engaged in businesses or activities similar or related with respect to the liability of which the members are exposed by virtue of any related, similar, or common business trade, product, services, premises, or operations;
  (H) Whose activities do not include the provision of insurance other than:
    (i) Liability insurance for assuming and spreading all or any portion of the liability of its group members; and
    (ii) Reinsurance with respect to the liability of any other risk retention group, or any members of the other group, which is engaged in business or activities so that the group or a member meets the requirement described in paragraph (9)(G) of this section from membership in the risk retention group which provides the reinsurance; and
  (I) The name of which includes the phrase “Risk Retention Group”.
(13) “State” means any state of the United States or the District of Columbia.
(14) Repealed.
D.C. Code § 31-5607.03 — DC Code / Title 31 / Chapter 56 / § 31-5607.03
§ 31-5607.03. Public information; confidentiality.
Status: in_force

(a) Except as provided in subsection (b) of this section, information and documents filed with, or obtained by, the Commissioner shall be available for public examination under subchapter II of Chapter 5 of Title 2 .
(b) The following information and documents shall not constitute public information under subsection (a) of this section:
  (1) Information or documents obtained by the Commissioner in connection with an investigation under § 31-5606.01 ; and
  (2) Information or documents filed with the Commissioner in connection with a registration statement under subchapter III of this chapter or a report under § 31-5602.04 constituting trade secrets or commercial or financial information of a person for which a person is entitled to a claim of confidentiality or privilege.
D.C. Code § 31-5501 — DC Code / Title 31 / Chapter 55 / § 31-5501
§ 31-5501. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Account” means any 1 of the 3 accounts created by § 31-5503 .
(2) “Affiliate” means a person who, directly or indirectly, through 1 or more intermediaries, controls, is controlled by, or is under common control with an insolvent insurer on December 31st of the year next preceding the date the insurer becomes an insolvent insurer.
(3) “Association” means the District of Columbia Insurance Guaranty Association created pursuant to § 31-5503 .
(4) “Claimant” means any insured making a first-party claim or any person instituting a liability claim, provided that no person who is an affiliate of the insolvent insurer may be a claimant.
(5) “Control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. Control shall be presumed to exist if any person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing, 10% or more of the voting securities of any other person. This presumption may be rebutted by a showing that control does not exist in fact.
(6) “Covered claim” means an unpaid claim, including one for unearned premiums, submitted by a claimant, which arises out of and is within the coverage and is subject to the applicable limits of an insurance policy to which this chapter applies issued by an insurer, if such an insurer becomes an insolvent insurer after October 21, 1993, and:
  (A) The claimant or insured is a resident of the District at the time of the insured event, provided that for entities other than an individual, the principal place of business of the claimant or insured is located in the District at the time of the insured event; or
  (B) The property from which the claim arises is permanently located in the District. The term “covered claim” shall not include any amount awarded as punitive or exemplary damages, sought as a return of premium under any retrospective rating plan, or due any reinsurer, insurer, insurance pool, or underwriting association as subrogation recoveries or otherwise.
(7) “District” means the District of Columbia.
(8) “Insolvent insurer” means an insurer licensed to transact insurance in the District of Columbia, either at the time the policy was issued or when the insured event occurred, and against whom an order of liquidation with a finding of insolvency has been entered after October 21, 1993, by a court of competent jurisdiction in the insurer’s state of domicile or of the District under § 31-1316 , and which order of liquidation has not been stayed or been the subject of a writ of supersedeas or other comparable order.
(9) “Member insurer” means any person who:
  (A) Writes any kind of insurance to which this chapter applies under § 31-5502 , including the exchange of reciprocal or interinsurance contracts; and
  (B) Is licensed to transact insurance in the District.
(10) “Net direct written premiums” means direct gross premiums written in the District on insurance policies to which this chapter applies, less return premiums and dividends paid or credited to policyholders on the direct business. The term “net direct written premiums” does not include premiums on contracts between insurers or reinsurers.
(11) “Person” means any individual, corporation, partnership, association, or voluntary organization.
D.C. Code § 31-3503 — DC Code / Title 31 / Chapter 35 / § 31-3503
§ 31-3503. Applicability of other provisions.
Status: in_force

(a) A corporation governed by this chapter shall also be subject to the following other provisions of District of Columbia insurance law, including any amendments or replacements thereof hereafter enacted:
  (1) Sections 31-201 [repealed], 31-202, and 31-206, referring to general provisions of insurance regulation;
  (2) Section 31-207, referring to general provisions of insurance regulation;
  (3) Sections 31-5203 and 31-5204, referring to delivery (with each policy  issued) of a copy of the insured’s application, and to the principal office, books, and records of insurance companies;
  (4) Chapter 16 of this title , referring to prohibition against discrimination  in the provision of insurance on the basis of an AIDS test;
  (5) Chapter 42 of this title , referring to the applicability of, and definitions in, the Life Insurance Act;
  (6) Sections 31-4301, 31-4302, 31-4303, 31-4305, 31-4308 [repealed], 31-4309 [repealed], 31-4310(b), 31-4311 [repealed], 31-4312 through 31-4317, 31-4322 [repealed], 31-4324 through 31-4328 [repealed], and 31-4329 through 31-4332, governing, in part, fees chargeable to, certificates of authority for, publication of false statements by, and licensing of agents acting for life insurance companies;
  (7) Sections 31-4713 through 31-4715 [repealed], 31-4718 [repealed], and 31-4724 through 31-4730, referring, in part, to the prohibitions against discrimination, securities, operations, and policy provisions restricting access to optometrists and  psychologists by life insurance companies;
  (8) Sections 31-4401 through 31-4404, 31-4406, 31-4407, 31-4409, 31-4427, 31-4429, 31-4430, 31-4435 [repealed], 31-4439, 31-4440, and 31-4443 through 31-4452, referring, in part, to articles of incorporation, election of officers, permissible investments, bookkeeping, and consolidation/merger of domestic  life insurance companies;
  (9) Chapter 46 of this title , governing penalties for violations and severability with respect to the provisions cited in paragraphs 5 through 8 of this subsection;
  (10) Chapter 38 of this title , requiring that certain individual and group health insurance policies cover a newborn child from the moment of birth;
  (11) Chapter 54 of this title , creating the District of Columbia Life and Health Insurance Guarantee Association and authorizing it to assume, guarantee, and reinsure any policy issued by a member insurer which becomes potentially unable to fulfill its contractual obligations;
  (12) Chapter 31 of this title , requiring certain group and individual health insurance policies to provide coverage for the medical and psychological treatment of alcohol abuse, drug abuse, and mental illness;
  (13) Chapter 29 of this title , requiring a group or individual health insurance policy issued more than 120 days after March 7, 1991, to cover certain preventive cancer screens for women;
  (14) Chapter 37 of this title , authorizing the Mayor to issue regulations establishing specific standards for Medicare supplement insurance policies;
  (15) Chapter 12 of this title , establishing the Insurance Regulatory Trust Fund and requiring each insurer doing business in the District to deposit in the Fund a percentage amount to be used to defray expenses of the Insurance Administration;
  (16) Chapter 13 of this title , authorizing and regulating delinquency proceedings by the Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking] in the Superior Court of the District of Columbia against certain insurers;
  (17) Chapter 15 of this title , establishing licensing and other requirements for managing general agents of certain insurers;
  (18) Chapter 18 of this title , establishing licensing and other requirements for the assumed reinsurance business;
  (19) Chapter 3 of this title , requiring insurers to file with the Mayor an accountant-prepared annual audit and other reports;
  (20) Chapter 5 of this title , governing the circumstances under which a domestic insurer may obtain a credit for reinsurance ceded to another insurer;
  (21) Chapter 19 of this title , governing an insurer’s filing with the Mayor and the National Association of Insurance Commissioners (“NAIC”) of an annual financial statement;
  (22) Chapter 21 of this title , establishing standards for determining whether the continued operation of any insurer transacting business in the District might be hazardous to creditors, the general public, or policyholders, and authorizing the Mayor to order certain corrective actions after making such a determination;
  (23) Chapter 14 of this title , governing examinations by the Mayor or any person subject to the District’s insurance laws;
  (24) Chapter 7 of this title , governing certain acquisition, investment, security issuance, and other activities in the insurance industry, requiring the registration of insurers that are part of an insurance holding company system, regulating transactions within such a system, regulating the management of domestic insurers in such a system, and authorizing the Mayor to conduct examinations of insurers that are part of such a system;
  (25) Chapter 49 of this title , requiring the submission to the Mayor of an annual opinion by a qualified actuary;
  (26) Chapter 26 of Title 47 , requiring an annual license or certificate of authority from the Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking] for each insurer doing business in the District, requiring the filing of an annual statement by each such insurer, and imposing a tax on each such insurer’s at-risk business in the District;
  (27) Chapter 20 of this title , requiring insurers to file with the Mayor annual risk-based capital reports;
  (28) The Reasonable Health Insurance Ratemaking Reform Act of 2010, [Chapters 30A, 31C, and 33A of this title] [ D.C. Law 18-360 ]; and
  (29) Section 31-3461(a), making applicable sections 1251, 1252, and 1304 of the Patient Protection and Affordable Care Act, approved March 23, 2010 (124 Stat. 119; 42 U.S. C. §§ 18011, 18021 and 18024), and sections 2701 through 2709, 2711 through 2719A, and 2794 of the Public Health Service Act, approved July 1, 1944 (58 Stat. 682; approved July 1, 1944 (58 Stat. 682; 42 U.S.C. §§ 300gg, 300gg-1, 300gg-2, 300gg-3, 300gg-4, 300gg-5, 300gg-6, 300gg-7, 300gg-8, 300gg-9, 300gg-11, 300gg-12, 300gg-13, 300gg-14, 300gg-15, 300gg-15A, 300gg-16, 300gg-17, 300gg-18, 300gg-19, 300gg-19A, and 300gg-94 ), (collectively “federal health acts”) and any implementing rules issued pursuant to the federal health acts.
(b) Reference in the provisions cited in subsection (a) of this section to “insurers,” “companies,” or similar terms shall be deemed to include reference to a corporation governed by this chapter.
D.C. Code § 31-3875.02 — DC Code / Title 31 / Chapter 38F / § 31-3875.02
§ 31-3875.02. Prior authorization requirements and restrictions.
Status: in_force

(a) (1) A utilization review entity may only require prior authorization for a covered health care service based on a determination of medical necessity for different care or that the proposed care is experimental or investigational in nature.
  (2) A utilization review entity may not require prior authorization:
    (A) Based solely on the cost of a covered health care service; provided, that:
      (i) Not Funded.
      (ii) Not Funded.
    (B) For the provision of medication assisted treatment; or
    (C) For pre-hospital transportation or for the provision of emergency health care services, including emergency health care services to screen and stabilize an enrollee.
(b) A utilization review entity shall:
  (1) Post its current prior authorization requirements and restrictions, including formulary ("prior authorization requirements"), on its website, in a manner accessible to the general public without the need to create an account;
  (2) Email or provide a hard copy of the prior authorization requirements to an enrollee, representative, or health care provider upon request by telephone or in writing; and
  (3) Provide information on its prior authorization requirements, upon request, to an enrollee, representative, or health care provider over the telephone.
(c) Prior authorization requirements shall:
  (1) Be described in detail and easily understandable language;
  (2) Include any written clinical criteria;
  (3) Include a comprehensive listing of all drugs that require prior authorization; and
  (4) Include the process for submitting, and standards for considering, including evidence-based guidelines, where possible, requests for:
    (A) Prior authorization approval;
    (B) Reauthorization of a prior grant of approval; and
    (C) An appeal of an adverse determination.
(d) If a utilization review entity intends to amend or replace its prior authorization requirements, any changes to the requirements shall not be effective until the utilization review entity's website has been updated to reflect the new requirements.
D.C. Code § 31-2602.14 — DC Code / Title 31 / Chapter 26 / § 31-2602.14
§ 31-2602.14. Cessation of business.
Status: repealed

Repealed.
D.C. Code § 31-4435 — DC Code / Title 31 / Chapter 44 / § 31-4435
§ 31-4435. Investments and loans.
Status: repealed

Repealed.
D.C. Code § 31-4329 — DC Code / Title 31 / Chapter 43 / § 31-4329
§ 31-4329. Disposition of premiums paid to agents.
Status: in_force

An insurance agent, solicitor, or broker who acts in negotiating or renewing or continuing a contract of insurance for a company lawfully doing business in the District, and who receives any money or substitute for money as a premium for such a contract from the insured, whether he shall be entitled to an interest in same or otherwise, shall be deemed to hold such premium in trust for the company making the contract. If he fails to pay the same over to the company after written demand made upon him therefor, such failure shall be prima facie evidence that he has used or applied the said premium for a purpose other than paying the same over to the company, and upon conviction thereof he shall be deemed guilty of theft and punished accordingly.
D.C. Code § 31-5309 — DC Code / Title 31 / Chapter 53 / § 31-5309
§ 31-5309. Operations of nonprofit institutions.
Status: in_force

A society may create, maintain, and operate, or may establish organizations to operate, not-for-profit institutions to further the purposes permitted by § 31-5302(a)(2) .  Such institutions may furnish services free of charge or at a reasonable charge. Any real or personal property owned, held, or leased by the society for this purpose shall be reported in every annual statement.
D.C. Code § 31-5051.04 — DC Code / Title 31 / Chapter 50C / § 31-5051.04
§ 31-5051.04. Termination and modification of coverage.
Status: in_force

(a) Notwithstanding any other provision of law:
  (1) An insurer may terminate or otherwise change the terms and conditions of a policy of portable electronics insurance only upon providing the policyholder and enrolled customers with at least 30 days notice.
  (2) If the insurer changes the terms and conditions, then the insurer shall provide the vendor policyholder with a revised policy or endorsement and each enrolled customer with a revised certificate, endorsement, updated brochure, or other evidence indicating that a change in the terms and conditions has occurred and a summary of material changes.
  (3) Notwithstanding paragraph (1) of this subsection, an insurer may terminate an enrolled customer’s enrollment under a portable electronics insurance policy upon 15 days notice for discovery of fraud or material misrepresentation in obtaining coverage or in the presentation of a claim under the policy.
  (4) Notwithstanding paragraph (1) of this subsection, an insurer may immediately terminate an enrolled customer’s enrollment under a portable electronics insurance policy:
    (A) For nonpayment of premium;
    (B) If the enrolled customer ceases to have an active service with the vendor of portable electronics; or
    (C) If an enrolled customer exhausts the aggregate limit of liability, if any, under the terms of the portable electronics insurance policy and the insurer sends notice of termination to the enrolled customer within 30 days after exhaustion of the limit; provided, that if notice is not timely sent, enrollment shall continue notwithstanding the aggregate limit of liability until the insurer sends notice of termination to the enrolled customer.
  (5) Where a portable electronics insurance policy is terminated by a policyholder, the policyholder shall mail or deliver written notice to each enrolled customer advising the enrolled customer of the termination of the policy and the effective date of termination. The written notice shall be mailed or delivered to the enrolled customer at least 30 days before the termination.
(b) (1) Whenever notice or correspondence with respect to a policy of portable electronics insurance is required pursuant to this section or is otherwise required by law, it shall be in writing and sent within the notice period, if any, specified within the statute or regulation requiring the notice or correspondence. Notwithstanding any other provision of law, notices and correspondence may be sent either by mail or by electronic means as set forth in this subsection.
  (2) If the notice or correspondence is mailed, it shall be sent to the vendor of portable electronics at the vendor’s mailing address specified for such purpose and to its affected enrolled customer’s last known mailing address on file with the insurer. The insurer or vendor of portable electronics, as the case may be, shall maintain proof of mailing in a form authorized or accepted by the United States Postal Service or other commercial mail delivery service.
  (3) If the notice or correspondence is sent by electronic means, it shall be sent to the vendor of portable electronics at the vendor’s electronic mail address specified for such purpose and to its affected enrolled customer’s last known electronic mail address as provided by each enrolled customer to the insurer or vendor of portable electronics, as the case may be. For purposes of this subsection, an enrolled customer’s provision of an electronic mail address to the insurer or vendor of portable electronics, as the case may be, shall be deemed consent to receive notices and correspondence by electronic means as long as disclosure to that effect is provided to the customer. The insurer or vendor of portable electronics, as the case may be, shall maintain proof that the notice or correspondence was sent.
(c) Notice or correspondence required by this section or otherwise required by law may be sent on behalf of an insurer or vendor, as the case may be, by the supervising entity appointed by the insurer.
D.C. Code § 31-5608.03 — DC Code / Title 31 / Chapter 56 / § 31-5608.03
§ 31-5608.03. Judicial review.
Status: in_force

(a) If a hearing is conducted under the contested case procedure in accordance with § 2-509 , a person suffering a legal wrong, or adversely affected or aggrieved, by an order or decision may appeal to the District of Columbia Court of Appeals in accordance with § 2-510 .
(b) The filing of an appeal under this section shall not stay the application of a 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 a stay would be detrimental to the interest of policyholders, shareholders, creditors, or the public.
D.C. Code § 31-3404 — DC Code / Title 31 / Chapter 34 / § 31-3404
§ 31-3404. Powers of health maintenance organizations.
Status: in_force

(a) The powers of a health maintenance organization include, but are not limited to, the following:
  (1) The purchase, lease, construction, renovation, operation, or maintenance of hospitals, medical facilities, or both, and their ancillary equipment, and such property and equipment as may reasonably be required for its principal office or for such purposes as may be necessary in the transaction of the business of the organization;
  (2) Transactions between affiliated entities, including loans and the transfer of responsibility under all contracts (provider, enrollee, etc.) between affiliates or between the health maintenance organization and its parent;
  (3) The furnishing of health care services through providers, provider associations, or agents for providers which are under contract with or employed by the health maintenance organization;
  (4) The contracting with any person for the performance on its behalf of certain functions, such as marketing, enrollment, and administration;
  (5) The contracting with an insurance company, including Group Hospitalization and Medical Service, Inc., licensed in the District for the provision of insurance, indemnity, or reimbursement against the cost of covered services provided by the health maintenance organization or with optometry services, podiatry services, dental services, pharmaceutical service plans, and other entities authorized to do business in the District for the provision of supplemental health services;
  (6) The joint marketing of products with an insurance company authorized to do business in the District as long as the company that is offering each product is clearly identified; and
  (7) Entering into administrative service provider contracts with contracting providers whereby covered services are rendered to enrollees by external providers who have entered into contracts with the contracting provider.
(b) A health maintenance organization shall file notice, with adequate supporting information, with the Commissioner prior to the exercise of any power granted in subsection (a)(1), (2), or (4) of this section which may affect the financial soundness of the health maintenance organization. The Commissioner shall disapprove such exercise of power only if the Commissioner determines it would substantially and adversely affect the financial soundness of the health maintenance organization and endanger its ability to meet its obligations. If the Commissioner does not disapprove within 30 days of the filing of the notice, the exercise of power shall be deemed approved.
(c) The Commissioner may issue rules and regulations exempting those activities having a de minimis effect from the filing requirement of this subsection.
D.C. Code § 31-3875.01 — DC Code / Title 31 / Chapter 38F / § 31-3875.01
§ 31-3875.01. Definitions.
Status: in_force

(a) For purposes of this chapter , the term:
  (1) "Adverse determination" means a decision by a utilization review entity that the health care services furnished or proposed to be furnished to an enrollee is denied, reduced, or terminated as being not medically necessary or experimental or investigational.
  (2) "Approval" means a determination by a utilization review entity that a covered health care service has been reviewed and, based on the information provided, satisfies the utilization review entity's requirements for medical necessity and medical appropriateness.
  (3) "Emergency health care service" means a health care service that is provided in an emergency facility after the sudden onset of a medical condition that manifests itself by symptoms of sufficient severity, including severe pain, that the absence of immediate medical attention could reasonably be expected by a prudent layperson, who possesses an average knowledge of health and medicine, to place the patient's health in serious jeopardy or to cause serious impairment to bodily function or serious dysfunction of any bodily organ or part.
  (4) "Enrollee" means an individual eligible to receive health care benefits by a health insurer pursuant to a health plan or other health insurance coverage.
  (5) Not Funded.
  (6) "Medication assisted treatment" means the use of medications to provide a comprehensive approach to the treatment of substance use disorders.
  (7) "Prior authorization" means the process by which a utilization review entity determines the medical necessity or medical appropriateness of covered health care services prior to the rendering of such services, including any notification that an enrollee or health care provider is required to provide to the health insurer or utilization review entity prior to the provision of a health care service.
  (8) "Representative" means the enrollee's legally authorized representative.
  (9) "Urgent health care service" means:
    (A) A health care service that, in the opinion of a physician with knowledge of the enrollee's medical condition, if not receiving an expedited approval:
      (i) Could seriously jeopardize the life or health of the enrollee or the ability of the enrollee to regain maximum function; or
      (ii) Could subject the enrollee to severe pain that cannot be adequately managed without the care or treatment that is the subject of the prior authorization review; or
    (B) Medication assisted treatment.
  (10) "Utilization review entity" means an individual or entity that performs prior authorization review for:
    (A) A health insurer as that term is defined in § 4-631 ;
    (B) A preferred provider organization or health maintenance organization as those terms are described in § 1-621.05(2) and (3) ;
    (C) Not Funded.
    (D) Not Funded.
    (E) Any other individual or entity that provides, offers to provide, or administers hospital, outpatient, medical, prescription drug, or other health benefits to a person treated by a health care provider in the District under a policy, plan, or contract that is regulated by the District.
D.C. Code § 31-2703 — DC Code / Title 31 / Chapter 27 / § 31-2703
§ 31-2703. Making of rates.
Status: in_force

(a) Rates for insurance within the scope of this chapter shall not be excessive, inadequate, or unfairly discriminatory.
(b) Due consideration shall be given to past and prospective loss experience within and outside the District, to physical hazards, to safety and loss prevention factors, to underwriting practice and judgment, to catastrophe hazards, if any, to a reasonable margin for underwriting profit and contingencies; to dividends, savings, or unabsorbed premium deposits allowed or returned by companies to their policyholders, members, or subscribers; to past and prospective expenses both country-wide and those specially applicable to the District; to whether classification rates exist generally for the risks under consideration; to the rarity or peculiar characteristics of the risks; and to all other relevant factors within and outside the District. Due consideration shall be given to the net investment income (including the realized capital gains) on all cash and invested assets held against all unearned premium reserves and loss reserves of any nature. Unrealized capital gains or losses shall not be considered in the rate-making process.
(c) Nothing in this section shall be taken to prohibit as unfairly discriminatory the establishment of classifications or modifications of classifications of risks based upon the size, expense, management, individual experience, location or dispersion of hazard, or any other reasonable considerations attributable to such risks provided such classifications and modifications apply to all risks under the same or substantially similar circumstances or conditions.
(d) Nothing in this chapter shall be construed to require uniformity in insurance rates, classifications, rating plans, or practices.
(e) Nothing in this chapter shall abridge or restrict the freedom of contract of companies, agents, brokers, or employees with reference to the commissions or salaries to be paid to such agents, brokers, or employees by companies.
(f) (1) Every classification plan fixed, established, and promulgated by the Commissioner shall be so structured as to produce rates or premium charges which are adequate, not excessive, and not unfairly discriminatory.
  (2) (A) (i) Every final rate or premium charge proposed to be used by any private passenger or non-commercial motor vehicle insurer or homeowner insurer shall be filed with the Commissioner and shall be adequate, not excessive, and not unfairly discriminatory. Before a private passenger or non-commercial motor vehicle or homeowner rate filing shall become effective, the Commissioner shall have the authority to determine within 90 days after the filing date that a rate is excessive if the rate is unreasonably high for the insurance provided and is not actuarially justified based on commonly accepted actuarial principles.
      (ii) In determining whether a rate complies with the standards under this subsection, due consideration shall be given to past and prospective loss experience within and outside the District, a reasonable margin for underwriting profit and contingencies, dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders or members or subscribers, past and prospective expenses, both nationwide and in the District, and investment income earned or realized by insurers both from their unearned premiums and from their loss reserve funds.
    (B) (i) If the Commissioner does not make a determination on a proposed rate within the 90-day period, the rate shall be deemed approved.
      (ii) If the Commissioner determines, within the 90-day review period, that a private passenger or non-commercial motor vehicle or homeowner rate may be excessive or unfairly discriminatory, the Commissioner shall provide the insurer with notice of the determination and the reasons for the determination and an opportunity for a hearing.
      (iii) A hearing must be requested by the insurer within 15 days after the notice is provided to the insurer by the Commissioner.  A hearing shall be held by the Commissioner within 60 days after a written request is timely received from the insurer and the Commissioner shall issue a final order within 30 days after the close of the hearing record.
      (iv) The cost of the hearing shall be borne by the insurer requesting the rate increase.
    (C) Beginning on September 1, 2023, or such later date as determined by the Commissioner, the private passenger or non-commercial motor vehicle insurer or homeowner insurer shall provide the insured written notice at least 45 days, and not more than 90 days, before renewal of the policy. If the insurer fails to provide written notice at least 45 days before the end of the current term of the policyholder's policy, the insurer shall wait until the end of the subsequent term of the policyholder's policy to implement the rate or premium increase.
(f-1) (1) (A) Every final rate or premium charge proposed to be used by a medical malpractice insurer shall be filed with the Commissioner and shall be adequate, not excessive, and not unfairly discriminatory. A medical malpractice rate shall be excessive if the rate is unreasonably high for the insurance provided. In determining whether rates are adequate, not excessive, and not unfairly discriminatory, due consideration shall be given to:
      (i) Past and prospective loss experience within the District;
      (ii) A reasonable margin for underwriting profit and contingencies;
      (iii) Dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers;
      (iv) Past and prospective expenses in the District;
      (v) All investment income reasonably attributable to medical malpractice insurance in the District.
    (B) If District experience is not credible, the Commissioner may consider experience outside the District. The Commissioner shall promulgate rules setting forth the extent to which and the circumstances under which an insurer may rely on experience outside the District.
  (2) If a medical malpractice insurer wishes to change a rate, it shall file a complete rate application with the Commissioner. A complete rate application shall include all information, including all actuarial data, projections, and assumptions, that the medical malpractice insurer has relied on in calculating its proposed rates. All such information shall be made available when filed in accordance with subchapter II of Chapter 5 of Title 2 .
  (3) The Commissioner shall notify the public of any application by a medical malpractice insurer for a rate change increase. The application shall be deemed approved 60 days after public notice unless the proposed rate change increase exceeds 10%. If the proposed rate change increase exceeds 10%, the Commissioner shall hold a hearing on the proposed change and shall issue an order approving, denying, or modifying the proposed change within 90 days after public notice of the proposed change. Any person shall have a right to testify in a hearing held by the Commissioner. The Commissioner shall promulgate rules governing the public hearing.
  (4) If the Commissioner finds, after a hearing, that a rate used by a medical malpractice insurer does not comply with this subsection, the Commissioner shall order the insurer to discontinue using the rate and to issue a refund to any policyholder who has paid the rate to the extent that the Commissioner has found it excessive.
(g) No company, agent, or broker shall make, issue, or deliver, or knowingly permit the making, issuance, or delivery of any policy of insurance within the scope of this chapter contrary to pertinent filings which are in effect for the company as provided in this chapter, except that upon the written application of the insured stating his reasons therefor, filed with and approved by the Commissioner, a rate in excess of that provided by a filing otherwise applicable may be used on any specific risk.
(h) Every insurer writing motor vehicle insurance in the District shall file with the Commissioner, in such form as he shall order, complete financial records showing the amount of profit on every line of motor vehicle insurance during the previous year.
(i) The Office of the People’s Counsel shall serve as advocate for consumers in rate hearings before the Commissioner and the costs associated with such advocacy shall be borne by the insurer or insurers requesting the rate hearing.
D.C. Code § 31-3171.16 — DC Code / Title 31 / Chapter 31D / § 31-3171.16
§ 31-3171.16. Implementation and reports.
Status: in_force

(a) The executive board shall:
  (1) Study, in consultation with the advisory boards established under this chapter and with other stakeholders:
    (A) The feasibility and desirability of the Authority engaging in:
      (i) Selective contracting, either through competitive bidding or a negotiation process similar to that used by large employers, to reduce health care costs and improve quality-of-care by certifying only those health benefit plans that meet certain requirements, such as:
        (I) Promoting patient-centered medical homes;
        (II) Adopting electronic health records;
        (III) Meeting minimum outcome standards;
        (IV) Implementing payment reforms to reduce medical errors and preventable hospitalizations;
        (V) Reducing disparities;
        (VI) Ensuring adequate reimbursements;
        (VII) Enrolling high-risk members and underserved populations;
        (VIII) Managing chronic conditions and promoting healthy consumer lifestyles;
        (IX) Value-based insurance design;
        (X) Adhering to transparency guidelines; and
        (XI) Uniform price and quality reporting;
      (ii) Multistate contracting; and
      (iii) Entering into a regional exchange;
    (B) The rules under which health benefit plans should be offered inside and outside the exchanges in order to mitigate adverse selection and encourage enrollment in the exchanges, including:
      (i) Whether any benefits should be required of qualified health plans beyond those mandated by the Federal Act, and whether any such additional benefits should be required of health benefit plans offered outside the exchanges;
      (ii) Whether health carriers offering health benefit plans outside the exchanges should be required to offer either all the same health benefit plans inside the exchanges or, alternatively, at least one health benefit plan inside the exchanges;
      (iii) Whether managed care organizations with Health Choice contracts should be required to offer products inside the exchanges;
      (iv) Whether health carriers offering health benefit plans inside the exchanges should be required to also participate in the District medical assistance program; and
      (v) Which provisions applicable to qualified health plans should be made applicable to qualified dental plans;
    (C) The design and operation of the Authority’s Navigator program and any other appropriate consumer-assistance mechanisms, including:
      (i) How the Navigator program could utilize, interact with, or complement private-sector resources, including insurance producers;
      (ii) The infrastructure of the existing private sector health insurance distribution system in the District to determine whether private sector resources may be available and suitable for use by the Authority;
      (iii) The effect the exchanges may have on private sector employment in the health insurance distribution system in the District;
      (iv) What functions, in addition to those required by the Federal Act, should be performed by Navigators;
      (v) What training and expertise should be required of Navigators, and whether different markets and populations require Navigators with different qualifications;
      (vi) How Navigators should be retained and compensated, and how disparities between Navigator compensation and the compensation of insurance producers outside the exchanges can be minimized or avoided;
      (vii) How to ensure that Navigators provide information in a manner culturally, linguistically, and otherwise appropriate to the needs of the diverse populations served by the Authority, and that Navigators have the capacity to meet these needs; and
      (viii) What other means of consumer assistance may be appropriate and feasible, and how they should be designed and implemented;
    (D) The design and function of the SHOP Exchange beyond the requirements of the Federal Act, to promote quality, affordability, and portability, including:
      (i) Whether it should be a defined contribution/employee choice model or whether employers should choose the qualified health plan to offer their employees;
      (ii) Whether the current individual and small group markets should be merged; and
      (iii) Whether the SHOP Exchange should be made available to employers with 50 to 100 employees prior to 2016, as authorized by the Federal Act;
    (E) How the Authority will ensure financial integrity in compliance with the Federal Act, including:
      (i) A recommended plan for the budget of the Authority;
      (ii) The user fees, licensing fees, or other assessments that should be imposed by the Authority to fund its operations, including what type of user fee cap or other methodology would be appropriate to ensure that the income of the Authority comports with the expenditures of the Authority; and
      (iii) A recommended plan for how to prevent fraud, waste, and abuse; and
    (F) How the Authority should conduct its public relations and advertising campaign, including what type of solicitation, if any, of individual consumers or employers, would be desirable and appropriate; and
  (2) Report its findings under paragraph (1) of this subsection to the Mayor, Council, and public within 180 days of March 2, 2012.
(b) (1) The executive board shall prepare a plan that identifies how the Authority will be financially self-sustaining by January 1, 2015.
  (2) The plan, which shall be certified by an independent actuary as actuarially sound, shall be submitted to the Mayor and Council not later than December 15, 2013.
D.C. Code § 31-5512 — DC Code / Title 31 / Chapter 55 / § 31-5512
§ 31-5512. Tax exemption.
Status: in_force

The Association shall be exempt from payment of all fees and all taxes levied by the District, except taxes levied on real or personal property.
D.C. Code § 31-3907 — DC Code / Title 31 / Chapter 39 / § 31-3907
§ 31-3907. Requirements for transacting business.
Status: repealed

Repealed.
D.C. Code § 31-4108 — DC Code / Title 31 / Chapter 41 / § 31-4108
§ 31-4108. Restrictions on insurance purchased by purchasing groups.
Status: in_force

(a) A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected through a licensed agent or broker acting pursuant to the surplus lines laws and regulations of such a state.
(b) A purchasing group which obtains liability insurance from an insurer not admitted in the District or a risk retention group shall inform each of the members of the group that has a risk resident or located in the District that such a risk is not protected by an insurance insolvency guaranty fund in the District, and that the risk retention group or the insurer may not be subject to all the insurance laws and regulations of the District.
(c) No purchasing group may purchase insurance providing for a deductible or self-insured retention applicable to the group as a whole; however, coverage may provide for a deductible or self-insured retention applicable to individual members.
(d) Purchases of insurance by purchasing groups are subject to the same standards regarding aggregate limits which are applicable to all purchases of group insurance.
D.C. Code § 31-2404 — DC Code / Title 31 / Chapter 24 / § 31-2404
§ 31-2404. Personal injury protection.
Status: in_force

(a) In general. — (1) In addition to insurance required to be provided by an insurer under § 31-2406 , each insurer shall offer to each person required to have insurance under this chapter optional personal injury protection insurance as set forth in this section. Personal injury protection shall provide coverage for victims for injuries arising from accidents resulting from the operation or use of a motor vehicle by the insured or use of the insured motor vehicle within or outside the District. It shall provide benefits for medical and rehabilitation expenses, work loss, and funeral benefits as set forth in this section. Personal injury protection benefits are applicable only to a victim who is an insured or an occupant of the insured’s vehicle or of a vehicle which the insured is driving.
  (2) An insured may obtain, solely at his or her option, any 1 or any combination of the 3 coverages for the benefits set forth in this section.
  (3) A self-insurer shall state on the application for self insurance whether the self-insurer is providing personal injury protection benefits as part of the motor vehicle insurance provided for the vehicles owned by the self-insurer.
(b) Payment without regard to fault. — The benefits set forth in this section with respect to personal injury protection shall be provided without regard to, and irrespective of, negligence, freedom from negligence, fault, or freedom from fault on the part of any person.
(c) Medical and rehabilitation expenses. — (1) Personal injury protection benefits shall be paid for each victim for that victim’s medical and rehabilitation expenses consisting of all reasonable charges incurred for reasonably necessary products, services, and accommodations for the victim’s care, recovery, or rehabilitation.
  (2) Except when the victim requires special or intensive care, the medical and rehabilitation expenses paid by personal injury protection insurance shall not include charges for a hospital room which are in excess of a reasonable and necessary charge for semiprivate accommodations.
  (3) Nothing in this section shall prohibit payment as medical and rehabilitation expenses of any nonmedical remedial treatment rendered in accordance with a recognized religious method of healing.
  (4) No payment shall be made under this subsection unless the provider of the product, service, or accommodation involved is licensed or approved and complies with any applicable laws or regulations pertinent thereto.
  (5) The maximum benefits payable pursuant to this subsection for any victim shall not be less than $50,000. Insurers providing personal injury protection coverage shall provide insurance package optionals with medical and rehabilitation coverage of $50,000 and $100,000 for each victim.
(d) Work loss. — (1) Personal injury protection benefits shall be paid pursuant to this subsection to each victim for that victim’s work loss occurring during his or her life consisting of:
    (A) Loss of income for work which a victim would have performed after the date of the accident if he or she had not been injured in the accident (not including any expected reduction in the amount payable by that victim for purposes of federal and District income taxation, which amount shall be presumed to be 20% of the amount otherwise payable unless the victim can show a different income taxation effect); and
    (B) Replacement services loss for expenses which a victim reasonably incurred in obtaining ordinary and necessary services in lieu of those that the victim would have performed for personal or family benefit (but not for income) during the first 3 years after the date of the accident if he or she had not been injured in the accident.
  (2) The maximum benefits payable for work loss for the victim for any 1 accident shall not be less than $12,000. Insurers shall provide insurance options with work loss coverages of at least $12,000 and $24,000.
  (3) Benefits payable for work loss do not include any loss incurred after the date of a victim’s death, if the victim dies for any reason.
(e) Funeral benefits. — Personal injury protection benefits shall be paid to the survivors of each victim as funeral and funeral-related benefits. The benefits payable pursuant to this subsection for funeral and funeral-related benefits for any 1 victim shall be actual costs up to $4,000.
D.C. Code § 31-1372.06 — DC Code / Title 31 / Chapter 13A / § 31-1372.06
§ 31-1372.06. Tangible personal property under lease.
Status: in_force

(a) (1) Subject to the limitations of § 31-1372.02 , an insurer may acquire tangible personal property or equity interests therein, which property or interests are located or used wholly or in part within a domestic jurisdiction, directly or indirectly through:
    (A) Limited partnership interests and general partnership interests not otherwise prohibited § 31-1371.05 ;
    (B) Joint ventures;
    (C) Stock of an investment subsidiary;
    (D) Membership interests in a limited liability company;
    (E) Trust certificates; or
    (F) Other similar instruments.
  (2) Investments acquired under paragraph (1) of this subsection shall be eligible only if:
    (A) The property is subject to a lease or other agreement with a person whose rated credit instruments the insurer could acquire under § 31-1372.03 for a price equal to the purchase price of the personal property; and
    (B) The lease or other agreement provides the insurer the right to receive rental, purchase, or other fixed payments for the use or purchase of the property, and the aggregate value of the payments, together with the estimated residual value of the property at the end of its useful life and the estimated tax benefits to the insurer resulting from ownership of the property, shall be adequate to return the cost of the insurer’s investment in the property, plus a return considered adequate by the insurer.
(b) The insurer shall compute the amount of each investment under this section on the basis of the cash purchase price and applicable related expenses paid by the insurer for the investment, net of each borrowing made to finance the purchase price and expenses to the extent the borrowing is nonrecourse to the insurer.
(c) An insurer shall not acquire an investment under this section if, as a result of and after giving effect to the investment, the aggregate amount of all investments held by the insurer under this section would exceed:
  (1) Two percent of its admitted assets; or
  (2) One half of one percent of its admitted assets as to any single item of tangible personal property.
(d) For purposes of determining compliance with the limitations of § 31-1372.02 :
  (1) Investments acquired by an insurer under this section shall be aggregated with those acquired under § 31-1372.03 ; and
  (2) Each lessee of the property under a lease referred to in this section shall be deemed the issuer of an obligation in the amount of the investment of the insurer in the property determined as provided under subsection (b) of this section.
(e) This section shall not be applicable to a lease of tangible personal property between an insurer and its subsidiaries or affiliates under a cost sharing arrangement or agreement permitted under subchapter I of Chapter 7 of Title 31 .
D.C. Code § 31-5105 — DC Code / Title 31 / Chapter 51 / § 31-5105
§ 31-5105. Term of coverage.
Status: in_force

The term of any credit life insurance or credit accident and health insurance shall, subject to acceptance by the insurance company, commence on the date when the debtor becomes obligated to the creditor, except that where a group policy provides coverage with respect to existing obligations the insurance on a debtor with respect to such indebtedness shall commence on the effective date of the policy. Where evidence of insurability is required and such evidence is furnished more than 30 days from the date when the debtor becomes obligated to the creditor, the term of the insurance may commence on the date on which the insurance company determines the evidence to be satisfactory, and in such event there shall be an appropriate refund or adjustment of any charge to the debtor for insurance. The term of such insurance shall not extend more than 15 days beyond the scheduled maturity date of the indebtedness except when extended without additional cost to the debtor. If the indebtedness is discharged due to renewal or refinancing prior to the scheduled maturity date, the insurance in force shall be terminated before any new insurance may be issued in connection with the renewal or refinanced indebtedness. In all cases of termination prior to scheduled maturity, a refund shall be paid or credited as provided in § 31-5108 .
D.C. Code § 31-2351.13 — DC Code / Title 31 / Chapter 23M / § 31-2351.13
§ 31-2351.13. Applicability.
Status: in_force

This chapter shall apply 180 days after February 22, 2019.
D.C. Code § 31-3106 — DC Code / Title 31 / Chapter 31 / § 31-3106
§ 31-3106. Certification of nonhospital residential facilities and outpatient treatment facilities.
Status: in_force

(a) The Mayor shall certify qualifying nonhospital residential facilities and outpatient treatment facilities in the District in accordance with rules issued pursuant to § 31-3111 .
(b) Each certification issued by the Mayor shall state whether the facility is certified as a provider of treatment for drug abuse, alcohol abuse, mental illness, or a combination of these that shall be specified.
(c) To qualify for certification, a nonhospital residential facility or outpatient treatment facility shall demonstrate that:
  (1) It offers an organized program for the treatment of drug abuse, alcohol abuse, mental illness, or any combination of these;
  (2) It operates under the day-to-day supervision of an individual with demonstrable training and experience in the treatment of drug abuse, alcohol abuse, or mental illness;
  (3) It employs sufficient numbers of professional staff members to deliver adequately the services offered to its patient caseload; and
  (4) It offers and has the capacity to provide services for the durations specified in §§ 31-3103 and 31-3104 .
(d) Nothing in this section shall be construed as superseding the requirements of chapter 5 of Title 44 .
(e) Any certification issued pursuant to this section shall be issued as a Public Health: Human Services Facility endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47 .
D.C. Code § 31-1501 — DC Code / Title 31 / Chapter 15 / § 31-1501
§ 31-1501. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Actuary” means a person who is a member in good standing of the American Academy of Actuaries.
(2) “District” means the District of Columbia.
(3) “Insurer” means any person, firm, association, or corporation duly licensed in the District as an insurance company pursuant to §§ 31-4304 and 31-2502.02 .
(4) (A) “Managing general agent” means any person, firm, association, or corporation who:
    (i) Negotiates and binds ceding reinsurance contracts on behalf of an insurer; or
    (ii) Manages all or part of the insurance business of an insurer, including the management of a separate division, department, or underwriting office; and
    (iii) Acts as an agent for such an insurer whether known as a managing general agent, manager, or other similar term, who, with or without the authority, either separately or together with affiliates, produces, directly or indirectly, and underwrites an amount of gross direct written premiums equal to or more than 5% of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year, and, in addition, adjusts or pays claims in excess of an amount determined by the Mayor, or negotiates reinsurance on behalf of the insurer.
  (B) Notwithstanding the above definition, the term “managing general agent” shall not apply to the following persons for the purposes of this chapter:
    (i) An employee of the insurer;
    (ii) A United States manager of the United States branch of an alien insurer;
    (iii) An underwriting manager who, pursuant to contract, manages all or part of the insurance operations of the insurer, is under common control with the insurer, subject to Chapter 7 of this title , or its predecessor, and whose compensation is not based on the volume of premiums written; or
    (iv) The attorney-in-fact authorized by and acting for the subscribers of a reciprocal insurer or inter-insurance exchange under powers of attorney.
(5) “Producers” means an insurance broker or brokers or any other person, firm, association, or corporation, when for any compensation, commission or other thing of value, such person, firm, association, or corporation acts or aids in any manner in soliciting, negotiating, or procuring the making of any insurance contract on behalf of an insured other than the person, firm, association, or corporation.
(6) “Underwrite” means the authority to accept or reject risks on behalf of the insurer.
D.C. Code § 31-1350 — DC Code / Title 31 / Chapter 13 / § 31-1350
§ 31-1350. Domiciliary liquidators in other states.
Status: in_force

(a) The domiciliary liquidator of an insurer domiciled in a reciprocal state shall, except as to special deposits and security on secured claims under § 31-1351(c) , be vested by operation of law with the title to all of the assets, property, contracts, and rights of action, agents’ balances, and all of the books, accounts, and other records of the insurer located in the District. The date of vesting shall be the date of the filing of the petition, if that date is specified by the domiciliary law for the vesting of property in the domiciliary state. Otherwise, the date of vesting shall be the date of entry of the order directing possession to be taken. The domiciliary liquidator shall have the immediate right to recover balances due from agents and to obtain possession of the books, accounts, and other records of the insurer located in this state. He also shall have the right to recover all other assets of the insurer located in this state, subject to § 31-1351 .
(b) If a domiciliary liquidator is appointed for an insurer not domiciled in a reciprocal state, the Commissioner shall be vested by operation of law with the title to all of the property, contracts, and right of action, and all of the books, accounts and other records of the insurer located in the District, at the same time that the domiciliary liquidator is vested with title in the domicile. The Commissioner may petition for a conservation or liquidation order under § 31-1348 or § 31-1349 , or for an ancillary receivership under § 31-1351 , or, after approval by the Superior Court of the District of Columbia, may transfer title to the domiciliary liquidator, as the interests of justice and the equitable distribution of the assets require.
(c) Claimants residing in the District may file claims with the liquidator or ancillary receiver, if any, in the District or with the domiciliary liquidator, if the domiciliary law permits. The claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceedings.
D.C. Code § 31-1312 — DC Code / Title 31 / Chapter 13 / § 31-1312
§ 31-1312. Powers and duties of the rehabilitator.
Status: in_force

(a) The Commissioner as rehabilitator may appoint 1 or more special deputies, who shall have all the powers and responsibilities of the rehabilitator granted under this section, and the Commissioner may employ any counsel, clerks, and assistants deemed necessary. The compensation of the special deputy, counsel, clerks, and assistants and all expenses of taking possession of the insurer and of conducting the proceedings shall be fixed by the Commissioner, with the approval of the court, and shall be paid out of the funds or assets of the insurer. The persons appointed under this section shall serve at the pleasure of the Commissioner. The Commissioner, as rehabilitator, may, with the approval of the court, appoint an advisory committee of policyholders, claimants, or other creditors, including guaranty associations, should that committee be deemed necessary. The advisory committee shall serve at the pleasure of the Commissioner and shall serve without compensation other than reimbursement for reasonable travel and per diem living expenses. No other committee of any nature shall be appointed by the Commissioner or the court in rehabilitation proceedings conducted under this chapter.
(b) In the event that the property of the insurer does not contain sufficient cash or liquid assets to defray the costs incurred, the Commissioner may advance the costs so incurred out of any appropriation for the maintenance of the Department of Insurance, Securities, and Banking. Any amounts so advanced for expenses of administration shall be repaid to the Commissioner for the use of the Department of Insurance, Securities, and Banking out of the first available money of the insurer.
(c) The rehabilitator may take such action as deemed necessary or appropriate to reform and revitalize the insurer. The rehabilitator shall have all the powers of the directors, officers, and managers, whose authority shall be suspended, except as they are redelegated by the rehabilitator. The rehabilitator shall have full power to direct and manage, to hire and discharge employees subject to any contract rights they may have, and to deal with the property and business of the insurer.
(d) If it appears to the rehabilitator that there has been criminal or tortious conduct, or breach of any contractual or fiduciary obligation detrimental to the insurer by any officer, manager, agent, broker, employee, or other person, he or she may pursue all appropriate legal remedies on behalf of the insurer.
(e) If the rehabilitator determines that reorganization, consolidation, conversion, reinsurance, merger, or other transformation of the insurer is appropriate, the rehabilitator shall prepare a plan to effect the changes. Upon application of the rehabilitator for approval of the plan, and after any notice and hearings the court may prescribe, the court may either approve or disapprove the plan proposed, or may modify it and approve it as modified. Any plan approved under this section shall be, in the judgment of the court, fair and equitable to all parties concerned. If the plan is approved, the rehabilitator shall carry out the plan. In the case of a life insurer, the plan proposed may include the imposition of liens upon the policies of the company, if all rights of shareholders are first relinquished. A plan for a life insurer may also propose imposition of a moratorium upon loan and cash surrender rights under policies, for such a period and to such an extent as may be necessary.
(f) The rehabilitator shall have the power under §§ 31-1324 and 31-1325 to avoid fraudulent transfers.
D.C. Code § 31-5810 — DC Code / Title 31 / Chapter 58 / § 31-5810
§ 31-5810. Violations of chapter — Criminal proceedings.
Status: repealed

Repealed.
D.C. Code § 31-102 — DC Code / Title 31 / Chapter 1 / § 31-102
§ 31-102. Establishment of the Department of Insurance, Securities, and Banking.
Status: in_force

The Department, under the supervision of the Commissioner, is established as a cabinet level agency of the District government.
D.C. Code § 31-5808 — DC Code / Title 31 / Chapter 58 / § 31-5808
§ 31-5808. Rules; regulations and orders.
Status: repealed

Repealed.
D.C. Code § 31-2207 — DC Code / Title 31 / Chapter 22 / § 31-2207
§ 31-2207. Authority of the Commissioner.
Status: in_force

Whenever it appears to the Commissioner from any annual or quarterly statement, trusteed surplus statement, or any other report that a U.S. Branch’s trusteed surplus is reduced below minimum capital and surplus required to be maintained by a domestic insurer licensed to transact the same kinds of insurance, the Commissioner may proceed against the insurer pursuant to the provisions of District law as an insurer whose condition is such that its further transaction of business in the United States will be hazardous to its policyholders, its creditors, or the public in the United States.
D.C. Code § 31-5009 — DC Code / Title 31 / Chapter 50 / § 31-5009
§ 31-5009. Administrative appeals; judicial review.
Status: in_force

(a) Any applicant for insurance and any affected insurer may appeal to the Mayor within 90 days after any final ruling, action, or decision by or on behalf of any inspection bureau, the Industry Placement Facility, or the Joint Underwriting Association, following exhaustion of remedies available within such bureau, Facility, or Association.
(b) All final orders or decisions of the Mayor made under this chapter shall be subject to review by the District of Columbia Court of Appeals under the District of Columbia Administrative Procedure Act.
D.C. Code § 31-3802 — DC Code / Title 31 / Chapter 38 / § 31-3802
§ 31-3802. Extent of coverage.
Status: repealed

Repealed.
D.C. Code § 31-2203 — DC Code / Title 31 / Chapter 22 / § 31-2203
§ 31-2203. Maintenance of trust account.
Status: in_force

The assets in the trust account shall be known as trusteed assets and shall at all times be in an amount equal to the U.S. branch’s reserves and other liabilities plus the minimum capital and surplus required to be maintained by a domestic insurer licensed to do the same kind of insurance.
D.C. Code § 31-5602.03 — DC Code / Title 31 / Chapter 56 / § 31-5602.03
§ 31-5602.03. License and notice filing procedure.
Status: in_force

(a) A broker-dealer, agent, investment adviser, or investment adviser representative may obtain an initial or renewal license by filing with the Commissioner an application and the consent to service of process required under § 31-5607.06 . The application shall contain whatever information the Commissioner may, by rule, require, including:
  (1) The applicant’s form and place of organization;
  (2) The applicant’s proposed method of doing business;
  (3) The qualifications and business history of the applicant, and in the case of a broker-dealer or investment adviser, the qualifications and business history of any partner, officer, or director; any person occupying a similar status or performing similar functions; or any person directly or indirectly controlling the broker-dealer or investment adviser;
  (4) Any injunction or administrative order or conviction of a misdemeanor involving a security or any aspect of the securities business and any conviction of a felony;
  (5) The applicant’s financial condition and history for 10 years; and
  (6) If the applicant is an investment adviser, any information to be furnished or disseminated to a client or prospective client.
(b) If no denial order is in effect and no proceeding is pending under § 31-5602.07 , the license shall become effective no later than noon on the 30th day after the application is filed. If the application is incomplete, the Commissioner may request additional information from the applicant and delay the effective date for 30 days from the date of receipt of the requested information. The Commissioner shall consider the application withdrawn if the requested information is not received by noon on the 90th day after the request.
(c) The licensing of a broker-dealer shall constitute the licensing of any agent who is a partner, officer, or director, or a person occupying a similar status or performing similar functions. The licensing of an investment adviser shall constitute the licensing of any investment adviser representative who is a partner, officer, or director, or a person occupying a similar status or performing similar functions.
(d) (1) Except for a federal covered adviser whose only clients are those described in § 31-5602.02(a) , a person shall not transact business as a federal covered adviser unless the person has made a notice filing with the Commissioner, which filing shall consist of:
    (A) A copy of those documents that have been filed with the Securities and Exchange Commission that the Commissioner may, by rule or order, require;
    (B) The consent to service of process required under § 31-5607.06 ; and
    (C) A fee that the Commissioner may, by rule, prescribe.
  (2) A notice filing shall be effective from the date of its receipt by the Commissioner until the following December 31st and may be renewed by filing with the Commissioner those documents that have been filed with the Securities and Exchange Commission that the Commissioner requires, by rule or order and a fee to be established by the Commissioner.
  (3) The Commissioner may, by rule or order, require a federal covered adviser who has made a notice filing under this section to file with the Commissioner copies of any amendments to documents filed with the Securities and Exchange Commission.
  (4) A notice filing may be terminated by a filing notice of termination with the Commissioner. A notice of termination shall be effective upon receipt by the Commissioner.
(e) (1) An applicant for an initial or renewal license as a broker-dealer or agent shall pay a license filing fee as the Commissioner may, by rule, require. The applicant shall not be entitled to a refund of the fee in the event of a withdrawal or denial of the application or the failure to provide additional information requested by the Commissioner.
  (2) An applicant for an initial or renewal as an investment adviser or an investment adviser representative who is required to obtain a license shall pay a license filing fee as the Commissioner may, by rule, require. The applicant shall not be entitled to a refund of the fee in the event of a withdrawal or denial of the application or the failure to provide additional information requested by the Commissioner.
  (3) A person acting as a federal covered adviser in the District, except a federal covered adviser whose only clients are those described in § 31-5602.02(a) , shall pay an initial and renewal notice filing fee as the Commissioner may, by rule, require.
(f) The Commissioner may, by rule or order, require a minimum net capital for a licensed broker-dealer, subject to the limitations of section 15 of the Securities Exchange Act of 1934 [15 U.S.C. § 78o], and establish minimum financial requirements for an investment adviser, subject to the limitations of section 222 of the Investment Advisers Act of 1940 [15 U.S.C. § 80b-18 a]. The Commissioner may prescribe different requirements for those investment advisers who maintain custody of clients funds or securities or have discretionary authority over these funds or securities and those investment advisers who do not have such custody or authority.
(g) (1) The Commissioner may, by rule or order:
    (A) Require a licensed broker-dealer or agent, or a licensed investment adviser or representative who has custody of or discretionary authority over client funds or securities, to post a surety bond or deposit cash or any other equivalent form of security in such amounts as the Commissioner may require, subject to the limitations of section 15 of the Securities Exchange Act of 1934 [15 U.S.C. § 78o] in the case of a broker-dealer, and section 222 of the Investment Advisers Act of 1940 [15 U.S.C. § 80b-18 a] in the case of an investment adviser; and
    (B) Determine the conditions of such bond or equivalent security.
  (2) A surety bond or equivalent form of security shall provide that:
    (A) No action may be maintained to enforce a liability on the bond or equivalent form of security unless brought within 2 years after the contract of sale or other act on which the action is based; and
    (B) The liability of the surety on the bond or equivalent form of security to all persons aggrieved shall not exceed, in the aggregate, the penal sum of the bond.
D.C. Code § 31-5003 — DC Code / Title 31 / Chapter 50 / § 31-5003
§ 31-5003. Industry Placement Facility.
Status: in_force

(a) Within 30 days after August 1, 1968, all insurers licensed to write and engaged in writing in the District of Columbia, on a direct basis, basic property insurance or any component thereof in multiperil policies shall establish an Industry Placement Facility. The Facility shall formulate and administer a program, subject to disapproval by the Mayor in whole or in part, to seek the equitable apportionment among such insurers of basic property insurance and homeowner’s insurance which may be afforded applicants in the District of Columbia whose property is insurable in accordance with reasonable underwriting standards and who individually or through their insurance agent or broker request the aid of the Facility to procure such insurance. The Facility shall seek to place insurance with 1 or more participating companies up to the full insurable value of the risk, if requested, except to the extent that deductibles, percentage participation clauses, and other underwriting devices are employed to meet special problems of insurability.
(b) The Facility may, subject to the approval of the Commissioner, provide as part of its program for the equitable distribution of commercial risks and dwelling risks among insurers. Such distribution of risks may be implemented through assignment of policies to one or more participating companies or through joint underwriting of risks as provided by § 31-5005 .
(c) Each insurer licensed to write and engaged in writing in the District of Columbia, on a direct basis, basic property insurance or any component thereof in multiperil policies shall participate in the Industry Placement Facility program in accordance with the established rules of the program as a condition of its authority to transact such kinds of insurance in the District of Columbia, except that, in lieu of revoking or suspending the certificate of authority of any company for any failure to comply with any of the established rules of the program, the Mayor may subject such company to a penalty of not more than $200 for each such failure to so comply when in his judgment he finds that the public interest would be best served by the continued operation of the company in the District of Columbia.
D.C. Code § 31-6107 — DC Code / Title 31 / Chapter 61 / § 31-6107
§ 31-6107. Loss ratio standards.
Status: repealed

Repealed.
D.C. Code § 31-3932.04 — DC Code / Title 31 / Chapter 39A / § 31-3932.04
§ 31-3932.04. Application requirements.
Status: in_force

(a) (1) An SPFC shall apply to the Commissioner for a certificate of authority. The application for a certificate of authority shall include the items required by § 31-3931.09 .
  (2) If an SPFC will have one or more protected cells, the SPFC shall include in its application for a certificate of authority:
    (A) A strategic business plan demonstrating the manner in which the SPFC will:
      (i) Account for the loss and expense experience of each segregated account at a level of detail found to be sufficient by the Commissioner; and
      (ii) How it will report the experience to the Commissioner;
    (B) A statement acknowledging that all financial records of the SPFC, including records pertaining to any protected cells, will be made available for inspection or examination by the Commissioner;
    (C) All contracts or sample contracts between the SPFC and any counterparty related to each protected cell; and
    (D) Evidence that expenses are allocated to each segregated account in an equitable manner.
(b) An SPFC’s strategic business plan shall include:
  (1) A description of the contemplated insurance securitization, the SPFC contract, and related transactions;
  (2) Draft documentation or, at the discretion of the Commissioner, a written summary of all material agreements that are entered into to effectuate the SPFC contract and the insurance securitization, which shall include the name of the counterparty, the nature of the risks being assumed, the proposed use of protected cells, if any, and the maximum amounts, purpose, and nature and the interrelationships of the various transactions required to effectuate the insurance securitization;
  (3) The investment policy of the SPFC and a description of its investment strategy;
  (4) A description of the underwriting, reporting, and claims payment methods by which losses covered by the SPFC contract are reported, accounted for, and settled; and
  (5) Pro forma balance sheets and income statements illustrating various stress case scenarios for the performance of the SPFC under the SPFC contract.
(c) Section 31-1407, shall apply to examinations, investigations, and processing conducted pursuant to this subchapter.
(d) In determining whether to issue a certificate of authority, the Commissioner shall consider, in addition to the matters specified in § 31-3931.11(b) , whether:
  (1) The proposed strategic business plan provides a reasonable and expected successful operation;
  (2) The terms of the SPFC contract and related transactions comply with this subchapter; and
  (3) The proposed strategic business plan is not hazardous to any counterparty.
(e) The Commissioner shall not issue a certificate of authority to an SPFC until the Commissioner has received written notification, or other assurance satisfactory to the Commissioner, from the commissioner of the state of domicile of each counterparty that such commissioner has approved, or not disapproved, the transaction.
(f) The SPFC shall provide a complete set of the documentation of the insurance securitization to the Commissioner upon closing of the transactions, including an opinion of legal counsel with respect to compliance with this chapter and any other applicable laws as of the effective date of the transaction.
(g) Any material change of the SPFC’s strategic business plan shall require prior approval of the Commissioner; provided, that:
  (1) If initially approved in the strategic business plan, securities subsequently issued to continue the securitization activities of the SPFC either during or after expiration, redemption, or satisfaction, of part or all of the securities issued pursuant to initial insurance securitization transactions may not be considered a material change; and
  (2) A change and substitution in a counterparty to a swap transaction for an existing insurance securitization as allowed pursuant to the provisions of this subchapter shall not be considered a material change if the replacement swap counterparty carries a similar or higher rating to its predecessor with 2 or more nationally recognized rating agencies.
(h) Upon termination or cancellation of an SPFC contract and the redemption of any related securities issued in connection with the SPFC contract, the certificate of authority granted by the Commissioner shall expire or, in the case of retiring and surviving protected cells, shall be modified, and the SPFC shall no longer be authorized to conduct activities unless and until a new or modified certificate of authority is issued pursuant to a new filing pursuant to the provisions of this section or as agreed by the Commissioner.
D.C. Code § 31-1373.07 — DC Code / Title 31 / Chapter 13A / § 31-1373.07
§ 31-1373.07. Tangible personal property under lease.
Status: in_force

(a) (1) Subject to the limitations of § 31-1373.03 , an insurer may acquire tangible personal property or equity interests therein, which property or interests are located or used wholly or in part within a domestic jurisdiction, directly or indirectly, through:
    (A) Limited partnership interests and general partnership interests not otherwise prohibited by section 31-1371.05;
    (B) Joint ventures;
    (C) Stock of an investment subsidiary;
    (D) Membership interests in a limited liability company;
    (E) Trust certificates; or
    (F) Other similar instruments.
  (2) Investments acquired under paragraph (1) of this subsection shall be eligible only if:
    (A) The property is subject to a lease or other agreement with a person whose rated credit instruments the insurer could acquire under § 31-1373.04 for a price equal to the purchase price of the personal property; and
    (B) The lease or other agreement provides the insurer the right to receive rental, purchase, or other fixed payments for the use or purchase of the property, and the aggregate value of the payments, together with the estimated residual value of the property at the end of its useful life and the estimated tax benefits to the insurer resulting from ownership of the property, shall be at least equal to the cost of the insurer’s investment in the property, plus a return considered adequate by the insurer.
(b) The insurer shall compute the amount of each investment under this section on the basis of the cash purchase price and applicable related expenses paid by the insurer for the investment, net of each borrowing made to finance the purchase price and expenses to the extent the borrowing is nonrecourse to the insurer.
(c) An insurer shall not acquire an investment under this section if, as a result of and after giving effect to the investment, the aggregate amount of all investments held by the insurer under this section would exceed:
  (1) Two percent of its admitted assets; or
  (2) One half of one percent of its admitted assets as to any single item of tangible personal property.
(d) For purposes of determining compliance with the limitations of § 31-1373.03 :
  (1) Investments acquired by an insurer under this section shall be aggregated with those acquired under § 31-1373.04 ; and
  (2) Each lessee of the property under a lease referred to in this section shall be deemed the issuer of an obligation in the amount of the investment of the insurer in the property determined as provided under subsection (b) of this section.
(e) This section shall not be applicable to a lease of tangible personal property between an insurer and its subsidiaries or affiliates under a cost sharing arrangement or agreement permitted under subchapter I of Chapter 7 of Title 31 .
D.C. Code § 31-5031.17 — DC Code / Title 31 / Chapter 50A / § 31-5031.17
§ 31-5031.17. Premium rate filings and standards.
Status: in_force

(a) A title insurer or title insurance producer may charge any rates regulated by the District of Columbia after January 1, 2011; provided, that in accordance with the premium rate schedule and manual filed by the title insurer with and approved by the Commissioner in accordance with applicable law and rules governing rate filings. The Commissioner may provide, by rule, for interim use of premium rate schedules in effect prior to January 1, 2011.
(b) The Commissioner may establish rules, including rules providing statistical plans, for use by all title insurers and title insurance producers in the recording and reporting of revenue, loss, and expense experience in such form and detail as is necessary to aid him or her in the establishment of rates and fees.
(c) The Commissioner may require that the information provided under this section be verified by oath of the insurer’s or title insurance producer’s president or vice president or secretary or actuary, as applicable. The Commissioner may further require that the information required under this section be subject to an audit conducted by an independent certified public accountant. The Commissioner may establish a minimum threshold level at which an audit would be required.
(d) Information filed with the Commissioner relating to the experience of a particular producer shall be kept confidential, subject to subchapter II of Chapter 5 of Title 2 [ § 2-531 et seq.].
D.C. Code § 31-3414 — DC Code / Title 31 / Chapter 34 / § 31-3414
§ 31-3414. Enrollment period; replacement coverage in the event of insolvency.
Status: in_force

(a) Enrollment period. — (1) In the event of the insolvency of a health maintenance organization, upon order of the Commissioner all other carriers that participated in the enrollment process with the insolvent health maintenance organization at a group’s last regular enrollment period shall offer such group’s enrollees of the insolvent health maintenance organization a 30-day enrollment period commencing upon the date of insolvency. Each carrier shall offer such enrollees of the insolvent health maintenance organization the same coverages and rates that it had offered to the enrollees of the group at its last regular enrollment period.
  (2) If no other carrier has been offered to groups enrolled in the insolvent health maintenance organization or if the Commissioner determines that the other health benefit plans lack sufficient health care delivery resources to assure that health care services will be available and accessible to all of the group enrollees of the insolvent health maintenance organization, then the Commissioner shall allocate equitably the insolvent health maintenance organization’s group contracts for such groups among all health maintenance organizations which operate within a portion of the insolvent health maintenance organization’s service area, taking into consideration the health care delivery resources of each health maintenance organization. Each health maintenance organization to which a group or groups are so allocated shall offer such group or groups the health maintenance organization’s existing coverage which is most similar to each group’s coverage with the insolvent health maintenance organization at rates determined in accordance with the successor health maintenance organization’s existing rating methodology.
  (3) The Commissioner shall also allocate equitably the insolvent health maintenance organization’s nongroup enrollees which are unable to obtain other coverage among all health maintenance organizations which operate within a portion of the insolvent health maintenance organization’s service area, taking into consideration the health care delivery resources of each such health maintenance organization. Each health maintenance organization to which nongroup enrollees are allocated shall offer nongroup enrollees the health maintenance organization’s existing coverage for individual or conversion coverage as determined by this type of coverage in the insolvent health maintenance organization’s existing rating methodology. Successor health maintenance organizations which do not offer direct nongroup enrollment may aggregate all of the allocated nongroup enrollees into one group for rating and coverage purposes.
(b) Replacement coverage. — (1) For the purposes of this subsection, the term “discontinuance” means the termination of the contract between the group contract holder and a health maintenance organization due to the insolvency of the health maintenance organization and does not refer to the termination of any agreement between any individual enrollee and the health maintenance organization.
  (2) Any carrier providing replacement coverage with respect to group hospital, medical or surgical expense or service benefits within a period of 60 days from the date of discontinuance of a prior health maintenance organization contract or policy providing such hospital, medical, or surgical expense or service benefits shall immediately cover all enrollees who were validly covered under the previous health maintenance organization contract or policy at the date of discontinuance and who would otherwise be eligible for coverage under the succeeding carrier’s contract, regardless of any provisions of the contract relating to active employment or hospital confinement or pregnancy.
  (3) Except to the extent benefits for the condition would have been reduced or excluded under the prior carrier’s contract or policy, no provision in a succeeding carrier’s contract of replacement coverage which would operate to reduce or exclude benefits on the basis that the condition giving rise to benefits preexisted the effective date of the succeeding carrier’s contract shall be applied with respect to those enrollees validly covered under the prior carrier’s contract or policy on the date of discontinuance.
D.C. Code § 31-3101 — DC Code / Title 31 / Chapter 31 / § 31-3101
§ 31-3101. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Alcohol abuse” means any pattern of pathological use of alcohol that causes impairment in social or occupational functioning, or that produces physiological dependency evidenced by physical tolerance or by physical symptoms when it is withdrawn.
(1A) “Advanced practice registered nurse” means a person licensed as a registered nurse and certified as an advanced practice registered nurse pursuant to the District of Columbia Health Occupations Revisions Act of 1985 Amendment Act of 1994 or by the state or territory where the person practices as an advanced practice registered nurse.
(2) “Clinically significant” means sufficient to impair substantially a person’s judgment, behavior, capacity to recognize, or ability to cope with the ordinary demands of life.
(2A) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.
(3) “Council” means the Council of the District of Columbia.
(4) “Covered benefits” means the health-care services or treatment available to:
  (A) An insured party under a health benefits plan or certificate for which the health insurer will pay part or all of the cost;, or
  (B) A member of a health maintenance organization as part of the membership contract.
(5) “District” means the District of Columbia.
(6) “Drug abuse” means any pattern of pathological use of a drug that causes impairment in social or occupational functioning, or that produces physiological dependency evidenced by physical tolerance or by physical symptoms when it is withdrawn.
(6A) “Health benefits plan” means any accident and health insurance policy or certificate, hospital and medical services corporation contract, health maintenance organization subscriber contract, plan provided by 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.
(6B) “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.
(7) “Health maintenance organization” or “HMO” means any person that undertakes to provide or arrange for the delivery of basic health care services to enrollees on a prepaid basis, except for enrollees responsibility for co-payments and deductibles, and qualifies as a health maintenance organization under Chapter 34 of Title 31 .
(8) “Hospital” means a facility licensed as a hospital by the District or by any state or territory of the United States or operated by the District, any state or territory, or the United States.
(8A) “Individual market” means the market for health insurance coverage offered to individuals other than in connection with a group health plan.
(9) “Inpatient services” means therapeutic services that are medically or psychologically necessary and that are provided in a hospital or a nonhospital residential facility to patients admitted to the hospital or nonhospital residential facility.
(10) Repealed.
(10A) (A) (i) Except as provided in sub-subparagraph (ii) of this subparagraph, “large employer” means, in connection with a group health plan with respect to a calendar year and a plan year, a single employer that employed an average of at least 51 employees on business days during the preceding calendar year and at least 2 employees on the first day of the plan year.
    (ii) Beginning in calendar year 2016 and for each succeeding year, “large employer” means, in connection with a group health plan with respect to a calendar year and a plan year, a single employer that employed an average of at least 101 employees on business days during the preceding calendar year and at least 2 employees on the first day of the plan year.
  (B) For the purposes of this paragraph:
    (i) All persons treated as a single employer under section 414(b), (c), (m), or (o) of the Internal Revenue Code of 1986, approved October 22, 1986 (100 Stat. 2085; 26 U.S.C. § 414(b), (c), (m), or (o)), shall be treated as a single employer;
    (ii) An employer and any predecessor employer shall be treated as a single employer;
    (iii) All employees shall be counted, including part-time employees and employees who are not eligible for health benefit coverage through the employer; and
    (iv) If an employer was not in existence throughout the preceding calendar year, the determination of whether that employer is a large employer shall be based on the average number of employees that the employer is reasonably expected to employ in the current calendar year.
(10B) “Large group market” means the health insurance market under which individuals obtain health insurance coverage (directly or through any arrangement) on behalf of themselves and their dependents through a group health plan maintained by a large employer.
(10C) “Managed care system” means a method that a health insurer uses to review and preauthorize a treatment plan that a health care practitioner develops for a covered person using a variety of cost containment methods to control utilization, quality and claims.
(11) “Mayor” means the Mayor of the District of Columbia.
(11A) “Medical or surgical benefits” means benefits with respect to medical or surgical services as defined under the terms of the plan or coverage, but does not include mental health benefits.
(12) “Medically or psychologically necessary” means essential for the treatment of drug abuse, alcohol abuse, or mental illness, as determined by a physician, psychologist, or social worker.
(12A) “Mental health benefits” means benefits with respect to mental health services, as defined under the terms of the plan or coverage, but does not include benefits with respect to treatment of substance abuse or chemical dependency.
(13) “Mental illness” means any psychiatric disease identified in the most recent edition of the International Classification of Diseases or of the American Psychiatric Association Diagnostic and Statistical Manual.
(14) “Nonhospital residential facility” means a facility certified by the District or by any state or territory of the United States as a qualified nonhospital provider of treatment for drug abuse, alcohol abuse, mental illness, or any combination of these, in a residential setting. The term “nonhospital residential facility” includes any facility operated by the District, any state or territory, or the United States to provide these services in a residential setting.
(15) “Outpatient services” means therapeutic services that are medically or psychologically necessary and that are provided to a patient according to an individualized treatment plan that does not require the patient’s admission to a hospital or a nonhospital residential facility. The term “outpatient services” refers to services that may be provided in a hospital, a nonhospital residential facility, an outpatient treatment facility, or the office of a licensed physician, psychologist, or social worker.
(16) “Outpatient treatment facility” means a clinic, counseling center, or other similar location that is certified by the District or by any state or territory as a qualified provider of outpatient services for the treatment of drug abuse, alcohol abuse, or mental illness. The term “outpatient treatment facility” includes any facility operated by the District, any state or territory, or the United States to provide these services on an outpatient basis.
(17) “Peer review” means a system based on written procedures and formally established within the professions of medicine or any of its specialties, psychology, or social work in which a committee of licensed practitioners of the profession reviews another practitioner’s diagnosis and treatment in a specific case and reaches conclusions and recommendations concerning the accuracy of the diagnosis, and the necessity, appropriateness, and effectiveness of the treatment provided and proposed by the practitioner compared to alternative treatments. For the purposes of § 31-3110 , the term “peer review” shall also mean the professional utilization procedure or any similar procedure employed by health maintenance organizations.
(18) “Physician” means a person licensed to practice medicine by the District pursuant to the District of Columbia Health Occupations Revision Act of 1985 or by the state or territory where the person practices medicine.
(19) “Psychologist” means a person licensed to practice psychology by the District pursuant to the District of Columbia Health Occupations Revision Act of 1985 or by the state or territory where the person practices psychology.
(19A) (A) (i) Except as provided in sub-subparagraph (ii) of this subparagraph, “small employer” means a single employer that employed an average of not more than 50 employees during the preceding calendar year.
    (ii) Beginning in calendar year 2016 and for each succeeding year, “small employer” means a single employer that employed an average of not more than 100 employees during the preceding calendar year.
  (B) For the purposes of this paragraph:
    (i) All persons treated as a single employer under section 414(b), (c), (m), or (o) of the Internal Revenue Code of 1986, approved October 22, 1986 (100 Stat. 2085; 26 U.S.C. § 414(b), (c), (m), or (o)), shall be treated as a single employer;
    (ii) An employer and any predecessor employer shall be treated as a single employer;
    (iii) All employees shall be counted, including part-time employees and employees who are not eligible for health benefit coverage through the employer;
    (iv) If an employer was not in existence throughout the preceding calendar year, the determination of whether that employer is a small employer shall be based on the average number of employees that the employer is reasonably expected to employ in the current calendar year.
(19B) “Small group market” means the health insurance market under which individuals obtain health insurance coverage (directly or through any arrangement) on behalf of themselves and their dependents through a group health plan maintained by a small employer.
(20) “Social worker” means a person licensed as an independent clinical social worker by the District pursuant to § 3-1208.04 , or who is licensed to practice social work with authority to engage in the independent practice of psychotherapy by the state or territory where the person practices social work.
(21) Repealed.
(22) “Supplemental benefit” means health insurance coverage provided by the District to its employees in addition to the coverage provided through the Federal Employees Health Benefits Plan pursuant to § 1-621.01 .
D.C. Code § 31-1601 — DC Code / Title 31 / Chapter 16 / § 31-1601
§ 31-1601. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “AIDS” means acquired immune deficiency syndrome as defined by the Centers for Disease Control of the United States Public Health Service.
(2) “ARC” means AIDS-related complex as defined by the Centers for Disease Control of the United States Public Health Service or, during any period when the Centers for Disease Control have not issued a definition, by the District of Columbia Commission of Public Health.
(3) “District” means the District of Columbia.
(3A) “Gender identity or expression” shall have the same meaning as provided in § 2-1401.02(12A) .
(4) “Health maintenance organization” or “HMO” means any person that undertakes to provide or arrange for the delivery of basic health care services to enrollees on a prepaid basis, except for enrollees responsibility for co-payments and deductibles, and qualifies as a health maintenance organization under Chapter 34 of Title 31 .
(5) “HIV” means human immunodeficiency virus.
(6) “Mayor” means the Mayor of the District of Columbia.
(7) “Insurer” means any individual, partnership, corporation, association, fraternal benefit association, nonprofit health service plan, health maintenance organization, or other business entity that issues, amends, or renews individual or group health, disability, or life insurance policies or contracts, including health maintenance organization membership contracts, in the District. The term “insurer” shall include Group Hospitalization and Medical Services, Incorporated.
D.C. Code § 31-752 — DC Code / Title 31 / Chapter 7 / § 31-752
§ 31-752. Formation of a mutual insurance holding company from a reciprocal insurance company.
Status: in_force

(a) Upon approval of the Commissioner, a domestic reciprocal insurance company may form a mutual insurance holding company that directly or indirectly owns the insurance company, based upon a conversion plan.  The reorganized insurance company shall continue, without interruption, its existence as a stock insurance company subsidiary of the mutual insurance holding company or as a stock insurance company subsidiary to an intermediate holding company which is a subsidiary of 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 conversion plan is fair and equitable to the policyholders, shall approve the proposed conversion plan and may require as a condition of approval such modifications of the proposed conversion plan 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 conversion pursuant to this section shall be subject to § 31-703(a) , (b), and (c).  The Commissioner shall retain jurisdiction over a 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.
(d) 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.
D.C. Code § 31-5503 — DC Code / Title 31 / Chapter 55 / § 31-5503
§ 31-5503. Creation of the Association.
Status: in_force

There is created a nonprofit unincorporated legal entity to be known as the District of Columbia Insurance Guaranty Association. All insurers defined as member insurers in § 31-5501(9) shall be and remain members of the Association as a condition of their authority to transact insurance in the District. The Association shall perform its functions under a plan of operation established and approved under § 31-5506 and shall exercise its powers through a board of directors established under § 31-5504 . For purposes of administration and assessment, the Association shall be divided into 3 separate accounts:
(1) The workmen’s compensation insurance account;
(2) The automobile insurance account; and
(3) The account for all other insurance to which this chapter applies.
D.C. Code § 31-3303.13b — DC Code / Title 31 / Chapter 33 / § 31-3303.13b
§ 31-3303.13b. License requirement for non-District multiple employer welfare arrangements.
Status: in_force

No multiple employer welfare arrangement located outside of the District may conduct any business in the District, including marketing, offering, or issuing a health benefit plan to any individual or employer, unless licensed as an insurer, a hospital and medical services corporation, a fraternal benefit society, or a health maintenance organization.
D.C. Code § 31-4406 — DC Code / Title 31 / Chapter 44 / § 31-4406
§ 31-4406. Formation — Examination of company; revocation and reinstatement of company’s permit or agent’s authority.
Status: in_force

The Commissioner shall personally, or through his Deputy and assistants, examine into the affairs of any such company in course of organization and inspect its books and papers, and may summon and examine under oath any officer or agent or any person who is or has been connected with or who has knowledge of the affairs of such company, and if he finds the company is violating the law, or if the company shall not be qualified for a certificate of authority within 2 years from date of its permit, he shall revoke its permit; and if he finds an agent of such company has violated the law, he shall revoke his authority, and he may for such agent’s violation revoke the company’s permit. Any revocation shall be after 20 days’ notice. The Commissioner may, on proper showing, reinstate any company’s permit or agent’s authority which he has revoked.
D.C. Code § 31-4001 — DC Code / Title 31 / Chapter 40 / § 31-4001
§ 31-4001. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Insurer” means any individual, partnership, corporation, company, organization, professional association, or other business entity that issues, amends, or renews motor vehicle liability or homeowner’s liability insurance policies or contracts in the District of Columbia (“District”).
(2) “Child development home” means a child development program provided in a private residence for up to a total of 5 children and infants, with no more than 2 infants in the group. The total of 5 children and infants shall not include the children of the child development home caregiver who are 6 years of age or older if the total number of children of the child development home caregiver between the ages of 6 and 15 years of age does not exceed 3 children, and of those 3 children, no more than 2 are 10 years old or younger.
(3) “Child development program” means a program responsive to the stages of physical, emotional, social, and intellectual growth and behavior of infants or children.
(4) “Caregiver” means a person whose duties include direct care, supervision, and guidance of infants or children in a child development home.
(5) “Infant” means an individual between the ages of birth and 2 years.
(6) “Child” means an individual between the ages of 2 and 15 years.
(7) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.
(8) “Person” means any individual, firm, partnership, company, corporation, trustee, or association.
D.C. Code § 31-3427 — DC Code / Title 31 / Chapter 34 / § 31-3427
§ 31-3427. Acquisition of control of or merger of a health maintenance organization.
Status: in_force

(a) No person may make a tender for or a request or invitation for tenders of, or enter into an agreement to exchange securities for or acquire in the open market or otherwise, any voting security of a health maintenance organization, or enter into any other agreement if, after the consummation thereof, that person would, directly or indirectly (or by conversion or by exercise of any right to acquire), be in control of the health maintenance organization, and no person may enter into an agreement to merge or consolidate with or otherwise to acquire control of a health maintenance organization, unless, at the time any offer, request, or invitation is made or any agreement is entered into, or prior to the acquisition, unless, at the time any offer, request, or invitation is made or any agreement is entered into, or prior to the acquisition of the securities if no offer or agreement is involved, the person has filed with the Commissioner and has sent to the health maintenance organization the following information:
  (1) The name and address of each person by whom or on whose behalf the merger or other acquisition of control referred to herein is to be effected (hereinafter called “acquiring party”); and
    (A) If such person is an individual, his or her principal occupation and all offices and positions held during the past 5 years, and any conviction of crimes other than minor traffic violations during the past 10 years; or
    (B) If such person is not an individual, a report of the nature of its business operations during the past 5 years or for such lesser period as such person and any predecessors thereof shall have been in existence; an informative description of the business intended to be done by such person and such person’s subsidiaries; and a list of all individuals who are or who have been selected to become directors or executive officers of such person, or who perform or will perform functions appropriate to such positions. Such list shall include for each such individual the information required by subparagraph (A) of this paragraph;
  (2) The source, nature, and amount of the consideration used, or to be used, in effecting the merger or other acquisition of control, a description of any transaction wherein funds were or are to be obtained for any such purpose, and the identity of persons furnishing such considerations; provided, that where a source of such consideration is a loan made in the lender’s ordinary course of business, the identity of the lender shall remain confidential, if the person filing such statement so requests;
  (3) Fully audited financial information as to the earnings and financial condition of each acquiring party for the preceding 5 fiscal years of each such acquiring party (or for such lesser period as such acquiring party and any predecessors thereof shall have been in existence), and similar unaudited information as of a date not earlier than 90 days prior to the filing of the statement;
  (4) Any plans or proposals which each acquiring party may have to liquidate such health maintenance organizations, to sell its assets, or merge or consolidate it with any person; or to make any other material change in its business or corporate structure or management;
  (5) The number of shares of any security referred to herein which each acquiring party proposes to acquire and the terms of the offer, request, invitation, agreement, or acquisition referred to herein, and a statement as to the method by which the fairness of the proposal was arrived at;
  (6) The amount of each class of any security referred to herein which is beneficially owned or concerning which there is a right to acquire beneficial ownership by each acquiring party;
  (7) A full description of any contracts, arrangements, or understandings with respect to any security referred to herein in which any acquiring party is involved, including, but not limited to, transfer of any of the securities, joint ventures, loan or option arrangements, puts or calls, guarantees of loans, guarantees against loss or guarantees of profits, division of losses or profits, or the giving or withholding of proxies. Such descriptions shall identify the persons with whom such contracts, arrangements, or understandings have been entered into;
  (8) A description of the purchase of any security referred to herein during the 12 calendar months preceding the filing of the statement, by any acquiring party, including the dates of purchase, names of the purchasers, and consideration paid or agreed to be paid therefor;
  (9) A description of any recommendations to purchase any security referred to herein made during the 12 calendar months preceding the filing of the statement, by any acquiring party, or by anyone based upon interviews or at the suggestion of such acquiring party;
  (10) Copies of all tender offers for, requests or invitations for tenders of exchange offers for, and agreements to acquire or exchange any securities referred to herein, and (if distributed) of additional soliciting material relating thereto;
  (11) The terms of any agreement, contract, or understanding made with any broker-dealer as to solicitation of securities referred to herein for tender, and the amount of any fees, commissions, or other compensation to be paid to broker-dealers with regard thereto; and
  (12) Such additional information as the Commissioner may by rule or regulation prescribe as necessary or appropriate for the protection of members and security holders of the health maintenance organization or in the public interest.
(b) If the person required to file the statement referred to in this section is a partnership, limited partnership, syndicate, or other group, the Commissioner may require that the information called for by subsection (a)(1) through (8) of this section shall be given with respect to each partner of such partnership or limited partnership, each member of such syndicate or group, and each person who controls such partner or member. If any such partner, member, or person is a corporation or the person required to file the statement referred to herein is a corporation, the Commissioner may require that the information called for by subsection (a)(1) through (8) of this section shall be given with respect to such corporation, each officer and director of such corporation, and each person who is directly or indirectly the beneficial owner of more than 10% of the outstanding voting securities of such corporation. If any material change occurs in the facts set forth in the statement filed with the Commissioner and sent to such health maintenance organization pursuant to this section, an amendment setting forth such change, together with copies of all documents and other material relevant to such change, shall be filed with the Commissioner and sent to such insurer within 2 business days after the person learns of such change. Such insurer shall send such amendment to its shareholders.
D.C. Code § 31-4723 — DC Code / Title 31 / Chapter 47 / § 31-4723
§ 31-4723. Industrial life policies — Prohibited provisions.
Status: in_force

No policy of industrial life insurance shall be delivered or issued for delivery, in the District, if it contains any of the following provisions:
(1) A provision limiting the time within which any action at law or in equity may be commenced to less than 3 years after the cause of action shall accrue;
(2) Except for provisions relating to misstatement of age, suicide, aviation, and military or naval service in time of war, a provision for any mode of settlement at maturity, after the expiration of the contestable period of the policy, of less value than the amount insured on the face of the policy plus dividend additions, if any, less any indebtedness to the company on or secured by the policy, and less any premium that may, by the terms of the policy, be deducted. This paragraph shall not apply to any nonforfeiture provision;
(3) A provision for forfeiture of the policy for failure to repay any loan on the policy, or to pay interest on such loan, while the total indebtedness on the policy, including interest, is less than the loan value thereof;
(4) A provision to the effect that the agent soliciting the insurance is the agent of the person insured under said policy, or making the acts or representations of such agent binding upon the person so insured under said policy;
(5) A provision permitting the payment of funeral benefits in merchandise or services, or permitting the payment of any benefits other than in lawful money of the United States;
(6) A provision whereby the benefits or any part thereof accruing under such policy upon the death of a person insured may be paid to any designated undertaker or undertaking firm or corporation or to any person or persons engaged in or connected with such business, without the written consent of the person or persons to whom such benefits would otherwise be paid, or so as in any way to deprive the personal representative or family of the deceased of the advantages of competition in procuring and purchasing supplies and services in connection with the burial of the person insured; or
(7) A provision that the liability of the company by reason of the insured’s death shall be limited to less than the face amount of the policy if the death of the insured results from a specified kind or character of disease.
D.C. Code § 31-3518 — DC Code / Title 31 / Chapter 35 / § 31-3518
§ 31-3518. Directors and trustees.
Status: in_force

Notwithstanding § 31-706(c)(3) , or any other provision of District of Columbia insurance law referenced in § 31-3503 , the following provisions shall apply to a domestic corporation issued a certificate of authority under this chapter:
(1) The board of directors or trustees shall consist of not less than 5 nor more than 21 members, who shall be elected by a majority of the members of the board. The term of a director or trustee shall be not less than 1 year nor more than 3 years, and shall be specified in the corporation’s bylaws.
(2) The directors or trustees of a domestic corporation shall at all times include subscriber representatives.
(3) A majority of the board of directors or trustees shall at all times consist of members other than employees and officers of the corporation, or of any affiliate or subsidiary of the corporation.
(4) Not less than one-third of the members of the board of directors or trustees shall be residents of the District of Columbia.
(5) The articles of incorporation or bylaws of a domestic corporation shall state the number of directors or trustees necessary to constitute a quorum for conducting business at its meetings and the number of directors’ or trustees’ votes necessary to effect action on any matter presented for a vote of the board of directors or trustees. In regard to any matter involving conversion to a mutual or stock insurance company, or merger, consolidation, or other form of reorganization of the corporation, the affirmative vote of at least 80% of all directors or trustees shall be required to effect action by the board.
D.C. Code § 31-1131.16 — DC Code / Title 31 / Chapter 11A / § 31-1131.16
§ 31-1131.16. Reciprocity.
Status: in_force

(a) Except for the requirements imposed by § 31-1131.08 , the Commissioner shall waive any requirements for a nonresident license applicant with a valid license from his or her home state, if the applicant’s home state awards nonresident licenses to residents of the District on the same basis. The Commissioner may waive any requirements, except for those imposed by § 31-1131.08 , for a nonresident license applicant with a valid license from the applicant’s home state if the applicant’s home state does not award nonresident licenses to residents of the District on the same basis.
(b) A nonresident insurance producer’s satisfaction of his or her home state’s continuing education requirements for licensed insurance producers shall constitute satisfaction of the District’s continuing education requirements if the nonresident producer’s home state recognizes the satisfaction of its continuing education requirements imposed upon insurance producers from the District on the same basis. The Commissioner may determine that a nonresident insurance producer’s satisfaction of his or her home state’s continuing education requirements for licensed insurance producers constitutes satisfaction of the District’s continuing education requirements if the nonresident producer’s home state does not recognize the satisfaction of its continuing education requirements imposed upon insurance producers from the District on the same basis.
(c) A license issued to a nonresident of the District shall grant the same rights and privileges as a resident licensee.
D.C. Code § 31-735 — DC Code / Title 31 / Chapter 7 / § 31-735
§ 31-735. Applicability; membership interest; powers.
Status: in_force

(a) Section 19 of the Life Insurance Act is not applicable to a reorganization or merger pursuant to this section.
(b) A membership interest in a domestic mutual insurance holding company shall not constitute a security as defined in § 31-603 .
(c) A mutual holding company created under this subchapter shall have the same powers to borrow or assume liability as a mutual insurance company organized under the provisions of District law.
(d) The requirement of § 31-4421 that every director of a stock company organized under Chapter 44 of this title shall be a stockholder thereof is not applicable to a mutual insurance holding company, any intermediate insurance holding company, or any reorganized insurance company established pursuant to this subchapter. Every director of a mutual insurance holding company, any intermediate holding company, and any reorganized insurance company shall be a policyholder of the reorganized insurance company, having purchased a policy in a manner that shall not unfairly discriminate in favor of such director, either before or after the reorganization pursuant to § 31-731 or § 31-732 .
(e) (1) A mutual insurance holding company shall not be authorized to pay dividends or make distributions to any mutual insurance holding company member except as may be expressly provided by the Commissioner.
  (2) Neither the adoption nor the implementation of a plan of reorganization, or a plan of merger or other affiliation, involving a mutual insurance holding company, shall be deemed to give rise to any obligation by or on behalf of a mutual insurance company or a mutual insurance holding company to make any distribution or payment to any member or policyholder, or to any other person, fund, or entity of any nature whatsoever, in connection with the ownership, control, benefits, policies, purpose, or nature of a mutual insurance company or a mutual insurance holding company, or otherwise, except as expressly provided in a plan of reorganization, a plan of merger or other affiliation involving a mutual insurance holding company, or as expressly approved by the Commissioner.
(f) A mutual insurance holding company created under this subchapter shall exercise any other power or engage in any activity permitted to a mutual insurance company organized under District laws.
D.C. Code § 31-3931.06 — DC Code / Title 31 / Chapter 39A / § 31-3931.06
§ 31-3931.06. Capital and surplus.
Status: in_force

(a) (1) In addition to any other capital required to be maintained pursuant to subsection (c) of this section, a captive insurer (except a protected cell captive insurer) authorized to do business in the District shall at all times maintain a minimum unimpaired capital of $ 100,000.
  (2) The Commissioner shall, in the Commissioner's discretion, establish the required minimum capital for a protected cell captive insurer, and for each protected cell, based on the type, volume, and nature of insurance that is transacted by the insurer and by the cell; provided, that the required minimum capital for a protected cell captive insurer may be zero so long as each of its protected cells maintains the minimum capital required for that cell.
(b) Except as otherwise provided by the Commissioner pursuant to subsection (c) of this section, the capital required to be maintained pursuant to this section shall be in the form of cash or an irrevocable letter of credit.
(c) The Commissioner may require a captive insurer, including each protected cell, to maintain additional unimpaired capital based on the type, volume, and nature of the insurance business that is transacted by the captive insurer and may determine the amount of capital, if any, that may be in the form of an irrevocable letter of credit.
(d) A letter of credit used by a captive insurer or protected cell as evidence of capital required pursuant to this section shall:
  (1) Be issued by a bank chartered in the District or by a branch of a bank located in the District if such bank is a member of the United States Federal Reserve System, or its deposits are insured by the Federal Deposit Insurance Corporation;
  (2) Be issued on a form approved by the Commissioner; and
  (3) Include a provision pursuant to which a letter of credit is automatically renewed each year.
(e) The Commissioner may approve an ongoing plan for the payment of dividends or other distributions by a captive insurer or protected cell if, at the time of each payment or distribution, the amount of capital and surplus retained by the captive insurer or protected cell is in excess of the amounts required by the Commissioner. The Commissioner shall adopt by rule:
  (1) A specific amount that a captive insurer or protected cell must have in excess capital and surplus for the approval of an ongoing plan for the payment of dividends or other distributions; or
  (2) A formula pursuant to which the specific amount of required excess capital and surplus may be calculated.
(f) A captive insurer shall not be issued a certificate of authority, and shall not hold a certificate of authority, unless the captive insurer has and maintains, in addition to any other surplus required to be maintained pursuant to subsection (h) of this section, an unencumbered surplus of:
  (1) For a pure captive insurer, not less than $150,000;
  (2) For an association captive insurer incorporated as a stock insurer, not less than $300,000;
  (3) For an agency captive insurer, not less than $300,000;
  (4) For a rental captive insurer, not less than $300,000;
  (5) For an association captive insurer incorporated as a mutual insurer or reciprocal insurer, not less than $500,000; and
  (6) For each protected cell captive insurer, and for each protected cell, not less than an amount to be established by the Commissioner in the Commissioner's discretion; provided, that a protected cell captive insurer that does not write any insurance business in the District shall not be required to maintain any surplus so long as each of its protected cells maintains the required surplus for that cell.
(g) Except as otherwise provided by the Commissioner pursuant to subsection (c) of this section, the surplus required to be maintained pursuant to this section shall be in the form of cash or an irrevocable letter of credit.
(h) The Commissioner may prescribe additional requirements relating to surplus based on the type, volume, and nature of the insurance business that is transacted by a captive insurer or protected cell and requirements regarding which surplus, if any, may be in the form of an irrevocable letter of credit.
(i) A letter of credit used by a captive insurer or a protected cell as evidence of surplus required pursuant to this section shall meet the same requirements as a letter of credit issued for paid-in capital found subsection (d) of this section.
(j) The parent of a branch captive insurer shall be subject to the jurisdiction of the United States District Court for the District of Columbia for all matters involving the branch captive insurer.
(k) Except as otherwise provided in this section, a captive insurer or protected cell shall pay dividends out of, or make any other distribution from, its capital or surplus, or both, in accordance with the provisions set forth in subsection (e) of this section. A captive insurer or protected cell shall not pay dividends out of, or make any other distribution out of, its capital or surplus or both, in violation of this section unless the captive insurer or protected cell has obtained the prior written approval of the Commissioner to make the a payment or distribution.
(l) Section 31-2502.12 shall apply to risk retention groups licensed as captive insurers. A risk retention group subject to this section may petition the Commissioner for a waiver of the limitation on exposure to risks or hazards. The Commissioner may issues rules, pursuant to § 31-3931.21 , establishing the circumstances under which a risk retention group may obtain, and the conditions a risk retention group shall satisfy to obtain, a waiver of the limitation.
D.C. Code § 31-2993.02 — DC Code / Title 31 / Chapter 29B / § 31-2993.02
§ 31-2993.02. Covered trials.
Status: in_force

(a) A health insurer shall not limit or deny coverage, or impose additional conditions on the payment for the coverage, of routine patient care costs of items, drugs, and services furnished to a qualified individual in connection with participation in an approved clinical trial. A health insurer shall not be required to pay for costs of items, services, or drugs that are customarily provided by the sponsors of an approved clinical trial.
(b) In the case of health care services provided by a participating provider, the payment rate shall be at the network negotiated rate, based on the member’s plan design. In case of a non-participating provider, the payment shall be at the rate that the member’s plan would otherwise pay to a non-participating provider for the same services, less any applicable co-payments and deductibles.
D.C. Code § 31-6015 — DC Code / Title 31 / Chapter 60 / § 31-6015
§ 31-6015. Immunity from liability.
Status: repealed

Repealed.
D.C. Code § 31-1305 — DC Code / Title 31 / Chapter 13 / § 31-1305
§ 31-1305. Cooperation of officers, owners, and employees.
Status: in_force

(a) Any officer, manager, director, trustee, owner, employee, or agent of any insurer, or any other persons with authority over or in charge of any segment of the insurer’s affairs, shall cooperate with the Commissioner in any proceeding under this chapter or any investigation preliminary to the proceeding. For the purposes of this section, the term “person” shall include any person who exercises control directly or indirectly over activities of the insurer through any holding company or other affiliate of the insurer. The term “to cooperate” shall include, but shall not be limited to, the following:
  (1) To reply promptly in writing to any inquiry from the Commissioner requesting such a reply; and
  (2) To make available to the Commissioner any books, accounts, documents, or other records or information or property of or pertaining to the insurer and in his possession, custody, or control.
(b) No person shall obstruct or interfere with the Commissioner in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto.
(c) This section shall not be construed to abridge otherwise existing legal rights, including the right to resist a petition for liquidation, other delinquency proceedings, or other orders.
(d) Any person included within subsection (a) of this section who fails to cooperate with the Commissioner, or any person who obstructs or interferes with the Commissioner in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto, or who violates any order of the Commissioner issued validly under this chapter may:
  (1) Be sentenced to pay a fine not exceeding $10,000 or imprisonment for a term of not more than 1 year, or both; or
  (2) After a hearing, be subject to the imposition by the Commissioner of a civil penalty not to exceed $10,000 and be subject further to the revocation or suspension of any insurance license issued by the Commissioner.
D.C. Code § 31-1131.08a — DC Code / Title 31 / Chapter 11A / § 31-1131.08a
§ 31-1131.08a. Changes of name, residency, or address.
Status: in_force

(a) A licensee shall inform the Commissioner of a change of the licensee’s residential or business address within 30 days of the change of address. A nonresident insurance producer who moves from one state to another state or a resident insurance producer who moves from the District to another state shall file a change of address and provide certification from the new resident state within 30 days after the change of residence. No fee or license application shall be required.
(b) A licensee shall inform the Commissioner of a change of the licensee’s legal or corporate name within 30 days after the change of name.
(c) Failure to timely inform the Commissioner of a change in legal name or address shall result in a penalty as prescribed by the Commissioner.
(d) A person licensed as an insurance producer in another state who moves to the District shall make application within 90 days of establishing legal residence to become a resident licensee under § 31-1131.06 unless the person maintains his principal place of business in another state and the person has a resident insurance producer license in that state.
D.C. Code § 31-812 — DC Code / Title 31 / Chapter 8 / § 31-812
§ 31-812. Countersignature and related laws.
Status: repealed

Repealed.
D.C. Code § 31-3502 — DC Code / Title 31 / Chapter 35 / § 31-3502
§ 31-3502. Exclusivity of provisions.
Status: in_force

(a) Except as provided in subsection (b) of this section, a corporation organized under the laws of the District of Columbia, or any state, or chartered by act of the Congress of the United States and issuing subscriber contracts in the District of Columbia shall be governed by this chapter and shall be exempt from all other provisions of District of Columbia law governing insurance, except as specifically referred to herein. No insurance law hereafter enacted by the District of Columbia shall be deemed to apply to such a corporation unless it is specifically referred to therein or unless such law represents an amendment or replacement of an insurance law made applicable to such corporations pursuant to § 31-3503 . Any regulations promulgated by the Mayor to implement the provisions of any law made applicable to such a corporation by this chapter shall also apply to such a corporation.
(b) (1) A conversion or management or service contract with a for-profit entity shall not be approved by the Corporation Counsel unless charitable assets, if any, have been adequately protected. In determining whether charitable assets have been adequately protected, the Corporation Counsel shall apply the standard enumerated in § 44-603(c) .
  (2) The Commissioner of the Department of Insurance, Securities, and Banking, in consultation with the Corporation Counsel, shall assess the for-profit entity the necessary or appropriate costs related to, and shall expend such amounts for, the review of the conversion or management or service contract with a for-profit entity. Such costs may include the costs of expert review, educating the public, or obtaining public comments. For purposes of costs assessed and expended under this paragraph, the provisions of Unit A of Chapter 3 of Title 2 shall not apply.
  (3) The provisions of §§ 44-605 and 44-607 shall apply to any conversions or management or service contracts with a for-profit entity.
D.C. Code § 31-5605.01 — DC Code / Title 31 / Chapter 56 / § 31-5605.01
§ 31-5605.01. Unlicensed or unregistered activity.
Status: in_force

A person shall not:
(1) Offer or sell a security except in accordance with this chapter;
(2) Deliver to a purchaser a security required to be registered under § 31-5603.01 unless accompanied or preceded by a registration statement that meets the requirements of § 31-5603.02(b) , § 31-5603.03(b) , or § 31-5603.04(b) ;
(3) Act as a broker-dealer, agent, investment adviser, or investment adviser representative unless licensed as required under § 31-5602.01 or § 31-5602.02 ; or
(4) Fail to file with the Commissioner an application, report, or document required to be filed under this chapter, or any rule or regulation adopted by the Commissioner under this chapter, or to fail to comply with the terms of an order issued by the Commissioner issued under this chapter.
D.C. Code § 31-1131.07 — DC Code / Title 31 / Chapter 11A / § 31-1131.07
§ 31-1131.07. License.
Status: in_force

(a) Unless denied licensure under § 31-1131.12 , persons who have met the requirements of §§ 31-1131.05 and 31-1131.06 shall be issued a resident insurance producer license. An insurance producer may receive qualification for a license in one or more of the following lines of insurance permitted under law or regulations:
  (1) Life, consisting of insurance coverage on human lives, including benefits of endowment and annuities, benefits in the event of death or dismemberment by accident, and benefits for disability income;
  (2) Accident and health or sickness, consisting of insurance coverage for sickness, bodily injury, or accidental death, including benefits for disability income;
  (3) “Property, consisting of insurance coverage for the direct or consequential loss or damage to property of every kind;
  (4) Casualty, consisting of insurance coverage against legal liability, including that for death, injury, or disability, or damage to real or personal property;
  (5) Variable life and variable annuity, consisting of insurance coverage provided under variable life insurance contracts and variable annuities;
  (6) Personal lines, consisting of property and casualty insurance coverage sold to individuals and families for primarily noncommercial purposes;
  (7) Repealed;
  (8) Bail bonds, consisting of insuring or guaranteeing that a person will attend court when required, or will obey the orders or judgment of a court, as a condition to the release of the person from confinement;
  (9) Surplus lines, consisting of insurance coverage provided pursuant to § 31-2502.40(a) by a company not otherwise authorized to do business in the District; and
  (10) Any of the following limited lines of insurance:
    (A) Car rental;
    (B) Credit;
    (C) Crop;
    (C-i) Portable electronics;
    (D) Surety;
    (E) Travel;
    (F) A limited line of insurance established by the Commissioner by rule; and
    (G) A line of insurance the Commissioner recognizes as a limited line of insurance for the purposes of complying with § 31-1131.08(e) .
(a-1) A person shall not be issued a license in the bail bonds or surplus lines line of insurance unless the person holds, or is simultaneously issued, a license in the property or casualty line of insurance.
(b) Repealed.
(c) Repealed.
(d) Repealed.
(e) The license shall contain the licensee’s name, address, personal identification number, the date of issuance, the lines of authority, the expiration date, and any other information the Commissioner considers useful or necessary.
(f) Repealed.
(g) To assist in the performance of the Commissioner’s duties, the Commissioner may contract with a third party, including the NAIC, or its affiliates or subsidiaries, to perform any ministerial functions, including the collection of fees, related to producer licensing that the Commissioner may consider appropriate.
D.C. Code § 31-2602.24 — DC Code / Title 31 / Chapter 26 / § 31-2602.24
§ 31-2602.24. License of agent or broker; issuance; revocation.
Status: repealed

Repealed.