reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 38D - Telehealth Reimbursement › § 31–3862. Private reimbursement

§ 31–3862. Private reimbursement.
(a) A health insurer offering a health benefits plan in the District may not deny coverage for a healthcare service on the basis that the service is provided through telehealth if the same service would be covered when delivered in person.
(b) A health insurer shall reimburse the provider for the diagnosis, consultation, or treatment of the insured when the service is delivered through telehealth.
(c) A health insurer shall not be required to:
(1) Reimburse a provider for healthcare service delivered through telehealth that is not a covered under the health benefits plan; and
(2) Reimburse a provider who is not a covered provider under the health benefits plan.
(d) A health insurer may require a deductible, copayment, or coinsurance amount for a healthcare service delivered through teleheath; provided, that the deductible, copayment, or coinsurance amount may not exceed the amount applicable to the same service when it is delivered in person.
(e) A health insurer shall not impose any annual or lifetime dollar maximum on coverage for telehealth services other than an annual or lifetime dollar maximum that applies in the aggregate to all items and services under the health benefits plan.
(f) Nothing in this chapter shall preclude the health insurer from undertaking utilization review to determine the appropriateness of telehealth as a means of delivering a healthcare service; provided, that the determinations shall be made in the same manner as those regarding the same service when it is delivered in person.
(Oct. 17, 2013, D.C. Law 20-26, § 3, 60 DCR 11117.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 38D - Telehealth Reimbursement › § 31–3862.01. Postpartum maternal health services

§ 31–3862.01. Postpartum maternal health services.
Health insurance coverage through Medicaid or the D.C. Healthcare Alliance program shall cover and reimburse health care services and expenses for:
(1) Home visits via telehealth, face-to-face interaction, or digital health for a pregnant woman; and
(2) Provider delivered digital health interventions that are used to directly manage a patient's pregnancy.
(Oct. 17, 2013, D.C. Law 20-26, § 3a; as added Oct. 20, 2020, D.C. Law 23-132, § 2(b), 67 DCR 9887.)
Applicability
Section 7190 of D.C. Law 24-45 repealed section 4 of D.C. Law 23-132 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-132 has been implemented.
Section 7190 of D.C. Act 24-159 repealed section 4 of D.C. Law 23-132 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-132 has been implemented.
Applicability of D.C. Law 23-132: § 4 of D.C. Law 23-132 provided that the creation of this section by § 2(b) of D.C. Law 23-132 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Editor's Notes
Section 3 of D.C. Law 23-132 provides that by October 1, 2020, the Mayor shall seek approval from the Centers for Medicare and Medicaid Services, within United States Department of Health and Human Services, through a waiver request, of the requirement that all health policies offered through the District's Medicaid program cover inpatient and outpatient maternity and newborn care for at least one year after childbirth.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 38D - Telehealth Reimbursement › § 31–3863. Medicaid reimbursement

§ 31–3863. Medicaid reimbursement.
Medicaid shall cover and reimburse for healthcare services appropriately delivered through telehealth if the same services would be covered when delivered in person.
(Oct. 17, 2013, D.C. Law 20-26, § 4, 60 DCR 11117; July 3, 2018, D.C. Law 22-126, § 2(b), 65 DCR 5110; Dec. 3, 2020, D.C. Law 23-149, § 7105, 67 DCR 10493.)
Applicability
Applicability of D.C. Law 22-126: § 3 of D.C. Law 22-126 provided that the change made to this section by § 2(b) of D.C. Law 22-126 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 38D - Telehealth Reimbursement › § 31–3864. Remote patient monitoring service providers; payment. [Repealed]

§ 31–3864. Remote patient monitoring service providers; payment. [Repealed]
Repealed.
(Oct. 17, 2013, D.C. Law 20-26, § 4a; as added July 3, 2018, D.C. Law 22-126, § 2(c), 65 DCR 5110; Dec. 3, 2020, D.C. Law 23-149, § 7105, 67 DCR 10493.)
Applicability
Applicability of D.C. Law 22-126: § 3 of D.C. Law 22-126 provided that the creation of this section by § 2(c) of D.C. Law 22-126 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 38D - Telehealth Reimbursement › § 31–3865. Right to synchronous interaction. [Repealed]

§ 31–3865. Right to synchronous interaction. [Repealed]
Repealed.
(Oct. 17, 2013, D.C. Law 20-26, § 4b; as added July 3, 2018, D.C. Law 22-126, § 2(c), 65 DCR 5110; Dec. 3, 2020, D.C. Law 23-149, § 7105, 67 DCR 10493.)
Applicability
Applicability of D.C. Law 22-126: § 3 of D.C. Law 22-126 provided that the creation of this section by § 2(c) of D.C. Law 22-126 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 38D - Telehealth Reimbursement › § 31–3866. Facility fees. [Repealed]

§ 31–3866. Facility fees. [Repealed]
Repealed.
(Oct. 17, 2013, D.C. Law 20-26, § 4c; as added July 3, 2018, D.C. Law 22-126, § 2(c), 65 DCR 5110; Dec. 3, 2020, D.C. Law 23-149, § 7105, 67 DCR 10493.)
Applicability
Applicability of D.C. Law 22-126: § 3 of D.C. Law 22-126 provided that the creation of this section by § 2(c) of D.C. Law 22-126 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 38D - Telehealth Reimbursement › § 31–3867. Federal authorization. [Repealed]

§ 31–3867. Federal authorization. [Repealed]
Repealed.
(Oct. 17, 2013, D.C. Law 20-26, § 4d; as added July 3, 2018, D.C. Law 22-126, § 2(c), 65 DCR 5110; Dec. 3, 2020, D.C. Law 23-149, § 7105, 67 DCR 10493.)
Applicability
Applicability of D.C. Law 22-126: § 3 of D.C. Law 22-126 provided that the creation of this section by § 2(c) of D.C. Law 22-126 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 38D - Telehealth Reimbursement › § 31–3868. Rules. [Repealed]

§ 31–3868. Rules. [Repealed]
Repealed.
(Oct. 17, 2013, D.C. Law 20-26, § 4e; as added July 3, 2018, D.C. Law 22-126, § 2(c), 65 DCR 5110; Dec. 3, 2020, D.C. Law 23-149, § 7105, 67 DCR 10493.)
Applicability
Applicability of D.C. Law 22-126: § 3 of D.C. Law 22-126 provided that the creation of this section by § 2(c) of D.C. Law 22-126 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39 - Captive Insurance Companies (2000). [Repealed] › § 31–3901. Definitions. [Repealed]

§ 31–3901. Definitions. [Repealed]
Repealed.
(Oct. 21, 2000, D.C. Law 13-192, § 2, 47 DCR 7320; June 11, 2004, D.C. Law 15-166, § 4(x), 51 DCR 2817; Mar. 17, 2005, D.C. Law 15-262, § 24(a), 52 DCR 1205.)
Emergency Legislation
For temporary (90 day) amendment of section, see § 2(a) of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-346, January 29, 2004, 51 DCR 1834).
For temporary (90 day) amendment of section, see § 4(x) of Consolidation of Financial Services Emergency Amendment Act of 2004 (D.C. Act 15-381, February 27, 2004, 51 DCR 2653).
For temporary (90 day) amendment of section, see § 4(a) of the Captive Insurance Company Enhancement Emergency Amendment Act of 2004 (D.C. Act 15-481, July 19, 2004, 51 DCR 7811).
For temporary (90 day) amendment of section, see § 4(a) of Captive Insurance Company Enhancement Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-549, October 26, 2004, 51 DCR 10336).
For temporary (90 day) repeal of section and transition provisions, see § 24 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(a) of Captive Insurance Company Temporary Amendment Act of 2004 (D.C. Law 15-151, April 22, 2004, law notification 51 DCR 4935).
For temporary (225 day) amendment of section, see § 4(a) of Captive Insurance Company Enhancement Temporary Amendment Act of 2004 (D.C. Law 15-215, December 7, 2004, law notification 52 DCR 459).
For temporary (225 day) additions, see §§ 2 to 16 of District of Columbia Free Clinic Captive Insurance Company Establishment Temporary Act of 2007 (D.C. Law 17-63, December 11, 2007, law notification 55 DCR 438).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39 - Captive Insurance Companies (2000). [Repealed] › § 31–3902. Authority to do business — Certificate of authority. [Repealed]

§ 31–3902. Authority to do business — Certificate of authority. [Repealed]
Repealed.
(Oct. 21, 2000, D.C. Law 13-192, § 3, 47 DCR 7320; Mar. 17, 2005, D.C. Law 15-262, § 24(a), 52 DCR 1205.)
Emergency Legislation
For temporary (90 day) repeal of section and transition provisions, see § 24 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39 - Captive Insurance Companies (2000). [Repealed] › § 31–3903. Authority to do business—application requirements. [Repealed]

§ 31–3903. Authority to do business—application requirements. [Repealed]
Repealed.
(Oct. 21, 2000, D.C. Law 13-192, § 4, 47 DCR 7320; Mar. 17, 2005, D.C. Law 15-262, § 24(a), 52 DCR 1205.)
Emergency Legislation
For temporary (90 day) repeal of section and transition provisions, see § 24 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39 - Captive Insurance Companies (2000). [Repealed] › § 31–3904. Authority to do business—revocation or suspension. [Repealed]

§ 31–3904. Authority to do business—revocation or suspension. [Repealed]
Repealed.
(Oct. 21, 2000, D.C. Law 13-192, § 5, 47 DCR 7320; Mar. 17, 2005, D.C. Law 15-262, § 24(a), 52 DCR 1205.)
Emergency Legislation
For temporary (90 day) repeal of section and transition provisions, see § 24 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39 - Captive Insurance Companies (2000). [Repealed] › § 31–3905. Name. [Repealed]

§ 31–3905. Name. [Repealed]
Repealed.
(Oct. 21, 2000, D.C. Law 13-192, § 6, 47 DCR 7320; Mar. 17, 2005, D.C. Law 15-262, § 24(a), 52 DCR 1205.)
Emergency Legislation
For temporary (90 day) repeal of section and transition provisions, see § 24 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39 - Captive Insurance Companies (2000). [Repealed] › § 31–3906. Organizational requirements for transacting business; incorporation. [Repealed]

§ 31–3906. Organizational requirements for transacting business; incorporation. [Repealed]
Repealed.
(Oct. 21, 2000, D.C. Law 13-192, § 7, 47 DCR 7320; Mar. 17, 2005, D.C. Law 15-262, § 24(a), 52 DCR 1205.)
Emergency Legislation
For temporary (90 day) amendment of section, see § 2(b) of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-346, January 29, 2004, 51 DCR 1834).
For temporary (90 day) amendment of section, see § 4(b) of the Captive Insurance Company Enhancement Emergency Amendment Act of 2004 (D.C. Act 15-481, July 19, 2004, 51 DCR 7811).
For temporary (90 day) amendment of section, see § 4(b) of Captive Insurance Company Enhancement Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-549, October 26, 2004, 51 DCR 10336).
For temporary (90 day) repeal of section and transition provisions, see § 24 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(b) of Captive Insurance Company Temporary Amendment Act of 2004 (D.C. Law 15-151, April 22, 2004, law notification 51 DCR 4935).
For temporary (225 day) amendment of section, see § 4(b) of Captive Insurance Company Enhancement Temporary Amendment Act of 2004 (D.C. Law 15-215, December 7, 2004, law notification 52 DCR 459).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39 - Captive Insurance Companies (2000). [Repealed] › § 31–3907. Requirements for transacting business. [Repealed]

§ 31–3907. Requirements for transacting business. [Repealed]
Repealed.
(Oct. 21, 2000, D.C. Law 13-192, § 8, 47 DCR 7320; Mar. 17, 2005, D.C. Law 15-262, § 24(a), 52 DCR 1205.)
Emergency Legislation
For temporary (90 day) repeal of section and transition provisions, see § 24 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39 - Captive Insurance Companies (2000). [Repealed] › § 31–3908. Minimum capital and surplus requirements. [Repealed]

§ 31–3908. Minimum capital and surplus requirements. [Repealed]
Repealed.
(Oct. 21, 2000, D.C. Law 13-192, § 9, 47 DCR 7320; Mar. 17, 2005, D.C. Law 15-262, § 24(a), 52 DCR 1205.)
Emergency Legislation
For temporary (90 day) amendment of section, see § 4(d) of the Captive Insurance Company Enhancement Emergency Amendment Act of 2004 (D.C. Act 15-481, July 19, 2004, 51 DCR 7811).
For temporary (90 day) amendment of section, see § 4(d) of Captive Insurance Company Enhancement Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-549, October 26, 2004, 51 DCR 10336).
For temporary (90 day) repeal of section and transition provisions, see § 24 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
Temporary Legislation
For temporary (225 day) amendment of section, see § 4(d) of Captive Insurance Company Enhancement Temporary Amendment Act of 2004 (D.C. Law 15-215, December 7, 2004, law notification 52 DCR 459).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39 - Captive Insurance Companies (2000). [Repealed] › § 31–3909. Annual report. [Repealed]

§ 31–3909. Annual report. [Repealed]
Repealed.
(Oct. 21, 2000, D.C. Law 13-192, § 10, 47 DCR 7320; Mar. 17, 2005, D.C. Law 15-262, § 24(a), 52 DCR 1205.)
Emergency Legislation
For temporary (90 day) repeal of section and transition provisions, see § 24 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39 - Captive Insurance Companies (2000). [Repealed] › § 31–3910. Financial examination. [Repealed]

§ 31–3910. Financial examination. [Repealed]
Repealed.
(Oct. 21, 2000, D.C. Law 13-192, § 11, 47 DCR 7320; Mar. 17, 2005, D.C. Law 15-262, § 24(a), 52 DCR 1205.)
Emergency Legislation
For temporary (90 day) repeal of section and transition provisions, see § 24 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39 - Captive Insurance Companies (2000). [Repealed] › § 31–3911. Investments. [Repealed]

§ 31–3911. Investments. [Repealed]
Repealed.
(Oct. 21, 2000, D.C. Law 13-192, § 12, 47 DCR 7320; April 11, 2003, D.C. Law 14-297, § 401(d), 50 DCR 330; Mar. 17, 2005, D.C. Law 15-262, § 24(a), 52 DCR 1205.)
Effect of Amendments
D.C. Law 14-297, in subsec. (a), substituted “Chapter 13A of this title” for “§ 31-2502.18”.
Emergency Legislation
For temporary (90 day) repeal of section and transition provisions, see § 24 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39 - Captive Insurance Companies (2000). [Repealed] › § 31–3912. Reinsurance. [Repealed]

§ 31–3912. Reinsurance. [Repealed]
Repealed.
(Oct. 21, 2000, D.C. Law 13-192, § 13, 47 DCR 7320; Mar. 17, 2005, D.C. Law 15-262, § 24(a), 52 DCR 1205.)
Emergency Legislation
For temporary (90 day) repeal of section and transition provisions, see § 24 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39 - Captive Insurance Companies (2000). [Repealed] › § 31–3913. Rating organization. [Repealed]

§ 31–3913. Rating organization. [Repealed]
Repealed.
(Oct. 21, 2000, D.C. Law 13-192, § 14, 47 DCR 7320; Mar. 17, 2005, D.C. Law 15-262, § 24(a), 52 DCR 1205.)
Emergency Legislation
For temporary (90 day) repeal of section and transition provisions, see § 24 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39 - Captive Insurance Companies (2000). [Repealed] › § 31–3914. Insolvency. [Repealed]

§ 31–3914. Insolvency. [Repealed]
Repealed.
(Oct. 21, 2000, D.C. Law 13-192, § 15, 47 DCR 7320; Mar. 17, 2005, D.C. Law 15-262, § 24(a), 52 DCR 1205.)
Emergency Legislation
For temporary (90 day) repeal of section and transition provisions, see § 24 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39 - Captive Insurance Companies (2000). [Repealed] › § 31–3915. Tax on premiums collected. [Repealed]

§ 31–3915. Tax on premiums collected. [Repealed]
Repealed.
(Oct. 21, 2000, D.C. Law 13-192, § 16, 47 DCR 7320; Mar. 17, 2005, D.C. Law 15-262, § 24(a), 52 DCR 1205.)
Emergency Legislation
For temporary (90 day) repeal of section and transition provisions, see § 24 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39 - Captive Insurance Companies (2000). [Repealed] › § 31–3916. Captive Insurance Regulatory and Supervision Trust Account. [Repealed]

§ 31–3916. Captive Insurance Regulatory and Supervision Trust Account. [Repealed]
Repealed.
(Oct. 21, 2000, D.C. Law 13-192, § 17, 47 DCR 7320; Mar. 17, 2005, D.C. Law 15-262, § 24(a), 52 DCR 1205.)
Emergency Legislation
For temporary (90 day) additions, see § 4(c) of the Captive Insurance Company Enhancement Emergency Amendment Act of 2004 (D.C. Act 15-481, July 19, 2004, 51 DCR 7811).
For temporary (90 day) additions, see § 4(c) of Captive Insurance Company Enhancement Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-549, October 26, 2004, 51 DCR 10336).
For temporary (90 day) repeal of section and transition provisions, see § 24 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
Temporary Legislation
For temporary (225 day) additions, see § 4(c) of Captive Insurance Company Enhancement Temporary Amendment Act of 2004 (D.C. Law 15-215, December 7, 2004, law notification 52 DCR 459).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39 - Captive Insurance Companies (2000). [Repealed] › § 31–3917. Regulations. [Repealed]

§ 31–3917. Regulations. [Repealed]
Repealed.
(Oct. 21, 2000, D.C. Law 13-192, § 18, 47 DCR 7320; Mar. 17, 2005, D.C. Law 15-262, § 24(a), 52 DCR 1205.)
Emergency Legislation
For temporary (90 day) repeal of section and transition provisions, see § 24 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39 - Captive Insurance Companies (2000). [Repealed] › § 31–3918. Laws applicable. [Repealed]

§ 31–3918. Laws applicable. [Repealed]
Repealed.
(Oct. 21, 2000, D.C. Law 13-192, § 18, 47 DCR 7320; Mar. 17, 2005, D.C. Law 15-262, § 24(a), 52 DCR 1205.)
Emergency Legislation
For temporary (90 day) repeal of section and transition provisions, see § 24 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39A - Captive Insurance Companies (2004) › Subchapter I - General › § 31–3931.03. Organizational requirements for transacting business; incorporation

§ 31–3931.03. Organizational requirements for transacting business; incorporation.
(a) A captive insurer may be organized in the District in any form of authorized by the Commissioner.
(a-1) The articles of incorporation of a captive insurer shall become effective when approved by the Commissioner.
(b) The articles of incorporation or organizational documents of a captive insurer shall satisfy the following minimum requirements:
(1) The capital stock of a captive insurer incorporated as a stock insurer shall be issued at not less than par value;
(2) The captive insurer shall not have less than 2 incorporators or organizers;
(3) The articles of association, articles of incorporation, articles of organization, charter, or bylaws of a captive insurer shall require a quorum of the board of directors that consists of more than 1/3 of the number of directors prescribed by the articles of association, articles of incorporation, articles of organization (or equivalent organizational document), charter, or bylaws; and
(4) Any additional provisions that the Commissioner considers necessary.
(c) The Commissioner may, at the request of the captive insurer, issue a certificate of good standing and charge a fee for each certificate in an amount to be established by the Commissioner.
(d) An attorney-in-fact of a reciprocal captive insurer may be organized in the District in any form of business, including as an individual, authorized by the Commissioner.
(e) A captive insurer organized in the District shall have the privileges of, and shall be subject to, the provisions of Chapters 1, 2, 3, 4, and 8 of Title 29. If the provisions of this chapter conflict with the general provisions of Title 29, the provisions of this chapter shall control.
(f) The Commissioner may regulate the manager of a captive insurer.
(Mar. 17, 2005, D.C. Law 15-262, § 4, 52 DCR 1205; Mar. 2, 2007, D.C. Law 16-191, § 54(b), 53 DCR 6794; July 2, 2011, D.C. Law 18-378, § 3(w), 58 DCR 1720; Mar. 14, 2012, D.C. Law 19-103, § 2(a), 59 DCR 432.)
Section References
This section is referenced in § 31-3932.03.
Effect of Amendments
D.C. Law 16-191, in subsec. (e), validated a previously made technical correction.
D.C. Law 18-378, in subsec. (e), substituted “Chapters 1, 2, 3, 4, and 8 of Title 29” for “general corporation law set forth in Chapter 1 of Title 29, subchapter I of Chapter 3 of Title 29, and Chapter 10 of Title 29, and the applicable provisions contained in this chapter”, and substituted “general provisions in Title 29” for “general provisions of the acts codified in Title 29”.
D.C. Law 19-103 added subsec. (a-1).
Emergency Legislation
For temporary (90 day) addition of section, see § 4 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39A - Captive Insurance Companies (2004) › Subchapter I - General › § 31–3931.07. Investments

§ 31–3931.07. Investments.
(a) A captive insurer shall file with the Commissioner a schedule of its proposed investments, and any material changes thereto, which the Commissioner may approve if he or she determines that the investments do not threaten the solvency or liquidity of the captive insurer. The Commissioner shall not unreasonably disapprove the investments.
(b) A captive insurer or protected cell may make a loan to its parent or affiliated company if the loan:
(1) Is first approved in writing by the Commissioner;
(2) Is evidenced by a note that is in a form that is approved by the Commissioner; and
(3) Does not include any money that has been set aside as capital or surplus as required by § 31-3931.06(a) or (f).
(c) Notwithstanding subsection (b) of this section, a risk retention group licensed as a captive insurer shall be subject to subchapters I, III, and V of Chapter 13A of this title [§§ 31-1371.01 through 31-1371.07, 31-1373.01 through 31-1373.12, and 31-1375.01].
(Mar. 17, 2005, D.C. Law 15-262, § 8, 52 DCR 1205; Mar. 14, 2012, D.C. Law 19-103, § 2(c), 59 DCR 432; Mar. 10, 2015, D.C. Law 20-203, § 2(d), 61 DCR 12572.)
Effect of Amendments
D.C. Law 19-103 added subsec. (c).
The 2015 amendment by D.C. Law 20-203 substituted “protected cell” for “segregated account” in (b).
Emergency Legislation
For temporary (90 day) addition of section, see § 8 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39A - Captive Insurance Companies (2004) › Subchapter I - General › § 31–3931.08. Reinsurance

§ 31–3931.08. Reinsurance.
(a) A captive insurer or protected cell may provide reinsurance on risks ceded by any other insurer, captive insurer, or protected cell.
(b) A captive insurer or protected cell may take credit for the reinsurance of risks or portions of risks ceded to reinsurers in compliance with Chapter 5 of this title. Prior approval of the Commissioner shall be required for ceding or taking credit for the reinsurance of risks or portions of risks ceded to reinsurers not complying with Chapter 5 of this title, except for business written by an alien captive insurer outside of the United States.
(c) In addition to reinsurers authorized under Chapter 5 of this title, a captive insurer or protected cell may take credit for the reinsurance of risks or portions of risks ceded to a pool, exchange, or association acting as a reinsurer which has been authorized by the Commissioner. The Commissioner may require any other documents, financial information, or other evidence that the pool, exchange, or association will be able to provide adequate security for its financial obligations. The Commissioner may deny authorization or impose any limitations on the activities of a reinsurance pool, exchange, or association that, in the Commissioner’s judgment, are necessary and proper to provide adequate security for the ceding captive insurer or protected cell and for the protection and consequent benefit of the public at large.
(d) For all purposes of this chapter, insurance written by a captive insurer or protected cell of any workers’ compensation qualified self-insured plan of its parent or affiliates shall be deemed to be reinsurance.
(Mar. 17, 2005, D.C. Law 15-262, § 9, 52 DCR 1205; Mar. 10, 2015, D.C. Law 20-203, § 2(e), 61 DCR 12572.)
Section References
This section is referenced in § 31-3931.02.
Effect of Amendments
The 2015 amendment by D.C. Law 20-203 substituted “protected cell” for “segregated account” throughout the section.
Emergency Legislation
For temporary (90 day) addition of section, see § 9 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39A - Captive Insurance Companies (2004) › Subchapter I - General › § 31–3931.10. Name

§ 31–3931.10. Name.
A captive insurer shall not use or adopt a name that is the same as, deceptively similar to, or likely to be confused with or mistaken for any other insurer licensed in the District.
(Mar. 17, 2005, D.C. Law 15-262, § 11, 52 DCR 1205.)
Section References
This section is referenced in § 31-3932.03.
Emergency Legislation
For temporary (90 day) addition of section, see § 11 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39A - Captive Insurance Companies (2004) › Subchapter I - General › § 31–3931.13. Annual report

§ 31–3931.13. Annual report.
(a)(1) On or before March 2 of each year, a captive insurer, including, if applicable, each protected cell, shall submit to the Commissioner, on a form prescribed by the Commissioner, a report of its financial condition, as prepared by a certified public accountant. A captive insurer shall file a consolidated report on behalf of each of its protected cells.
(2) A captive insurer, including, if applicable, each protected cell, shall use generally accepted accounting principles and include any useful or necessary modifications or adaptations of these principles that have been approved or accepted by the Commissioner for the type of insurance and kinds of insurers to be reported upon, as supplemented by additional information required by the Commissioner.
(b) A pure captive insurer may apply, in writing, for authorization to file its annual report based on a fiscal year that is consistent with the fiscal year of the parent company of the pure captive insurer. If an alternative date is granted:
(1) The annual report shall be due not later than 60 days after the end of each fiscal year; and
(2) The pure captive insurer shall file on or before March 2 of each year such forms as required by the Commissioner by regulation to provide sufficient detail to support its premium tax return filed pursuant to § 31-3931.12.
(c) All risk retention groups licensed as captive insurers shall comply with Chapter 3 of this title [§ 31-301 et seq.], except that the exemption in § 31-314(a) shall not apply to risk retention groups. All risk retention groups licensed as captive insurers shall comply with the actuarial opinion filing requirements set forth in §§ 31-2502.26a and 31-2502.26b.
(Mar. 17, 2005, D.C. Law 15-262, § 14, 52 DCR 1205; Mar. 14, 2012, D.C. Law 19-103, § 2(d), 59 DCR 432; Mar. 10, 2015, D.C. Law 20-203, § 2(h), 61 DCR 12572.)
Section References
This section is referenced in § 31-3932.03.
Effect of Amendments
D.C. Law 19-103 added subsec. (c).
The 2015 amendment by D.C. Law 20-203 rewrote (a).
Emergency Legislation
For temporary (90 day) addition of section, see § 14 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39A - Captive Insurance Companies (2004) › Subchapter I - General › § 31–3931.14. Financial examination

§ 31–3931.14. Financial examination.
(a) The Commissioner, or his designee, may visit each captive insurer at such times as he or she considers necessary to thoroughly inspect and examine the affairs of the captive insurer or protected cell of a captive insurer to ascertain:
(1) The financial condition of the captive insurer;
(2) The ability of the captive insurer to fulfill its obligations; and
(3) Whether the captive insurer has complied with the provisions of this chapter and the regulations adopted pursuant thereto.
(b) The Commissioner may require a captive insurer to retain qualified independent legal, financial, and examination services from outside the Department to conduct the examination and make recommendations to the Commissioner. The cost of the examination shall be paid by the captive insurer.
(c) Chapter 14 of this title [§ 31-1401 et seq.] shall apply to examinations conducted pursuant to this section. The Commissioner may waive the requirement in § 13-1402(a) that a captive insurer must be examined at least once every 5 years, if the:
(1) Captive insurer has filed unqualified audited financial statements each year since the captive insurer's last financial examination or the date of licensure;
(2) Commissioner determines that the audited financial statements demonstrate that the captive insurer maintains sufficient surplus to satisfy all of its obligations to its policyholders and creditors;
(3) Captive insurer is in compliance with all applicable District laws and regulations; and
(4) Captive insurer is not a risk retention group licensed as a captive insurer.
(d) For purposes of subsection (a) of this section, protected cells of a captive insurer shall not be separately examined unless the Commissioner has sufficient cause to examine one or more protected cells.
(Mar. 17, 2005, D.C. Law 15-262, § 15, 52 DCR 1205; Mar. 10, 2015, D.C. Law 20-203, § 2(i), 61 DCR 12572.)
Section References
This section is referenced in § 31-3932.03.
Effect of Amendments
The 2015 amendment by D.C. Law 20-203 substituted “protected cell” for “segregated account” in (a); rewrote (c); and substituted “protected cells” for “segregated accounts” in (d).
Emergency Legislation
For temporary (90 day) addition of section, see § 15 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39A - Captive Insurance Companies (2004) › Subchapter I - General › § 31–3931.15. Revocation, suspension, or fine

§ 31–3931.15. Revocation, suspension, or fine.
(a) The Commissioner may revoke or suspend the certificate of authority to transact insurance business in the District of a captive insurer, including, if applicable, a protected cell, which:
(1) Has failed or refused to comply with any provision or requirement of this chapter;
(2) Is impaired in capital or surplus;
(3) Is insolvent;
(4) Is determined, pursuant to Chapter 21 of this title, to be in such condition that further transaction of business by the company will be hazardous to its policyholders, creditors, or the general public;
(5) Has failed or refused to submit any report or statement required by law or order of the Commissioner;
(6) Has failed or refused to comply with any provision of its charter or bylaws;
(6A) Has violated Chapter 22A of this title [§  31-2231.01 et seq.]; provided, that this paragraph shall apply only to District-domiciled risk retention groups licensed as captive insurers;
(7) Has used any method in transacting insurance business pursuant to this chapter which would be detrimental to the operation of the captive insurer or would make its condition unsound with respect to its policyholders or the general public; or
(8) Has failed otherwise to comply with the laws of the District or any jurisdiction.
(b) The Commissioner may also impose a fine not to exceed $5,000 for each violation by a captive insurer, including, if applicable, a protected cell, of any of the provisions found in subsection (a) of this section.
(Mar. 17, 2005, D.C. Law 15-262, § 16, 52 DCR 1205; Mar. 10, 2015, D.C. Law 20-203, § 2(j), 61 DCR 12572.)
Section References
This section is referenced in § 31-3932.03 and § 31-3932.14.
Effect of Amendments
The 2015 amendment by D.C. Law 20-203 added “including, if applicable, a protected cell” in the introductory language of (a) and (b); and added (a)(6A).
Emergency Legislation
For temporary (90 day) addition of section, see § 16 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39A - Captive Insurance Companies (2004) › Subchapter I - General › § 31–3931.16. Insolvency

§ 31–3931.16. Insolvency.
(a) A captive insurer shall not join or contribute financially to any risk-sharing plan, risk pool, or insurance insolvency guaranty fund in the District. A captive insurer or its insured, its parent or an affiliated company, or any member organization of its association shall not receive any benefit from the plan, pool, or fund for claims arising out of the operations of the captive insurer.
(b) The terms and conditions set forth in Chapter 13 of this title [§ 31-1301 et seq.] (“1993 Act”), pertaining to insurer rehabilitation, insolvency, and receiverships shall apply in full to captive insurers licensed under this chapter and shall apply to the protected cells of a captive insurer on a cell basis. If there is a conflict between the provisions of this chapter and the 1993 Act, the provisions of this chapter shall prevail, including the provisions of § 31-3931.05 for liquidation and rehabilitation of protected cells.
(Mar. 17, 2005, D.C. Law 15-262, § 17, 52 DCR 1205; Mar. 10, 2015, D.C. Law 20-203, § 2(k), 61 DCR 12572.)
Section References
This section is referenced in § 31-3932.03.
Effect of Amendments
The 2015 amendment by D.C. Law 20-203 rewrote (b).
Emergency Legislation
For temporary (90 day) addition of section, see § 17 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39A - Captive Insurance Companies (2004) › Subchapter I - General › § 31–3931.17. Redomestication

§ 31–3931.17. Redomestication.
(a) Any captive insurer which is licensed under laws of any jurisdiction may become a domestic captive insurer in the District by complying with all of the requirements of this chapter relative to the organization and licensing of a domestic insurer of the same type and by designating an office at a place within the District. The redomesticated captive insurer may transact business in the District and shall be subject to the authority and jurisdiction of the District.
(b) All insurance contracts which are in existence at the time any captive insurer transfers its insurance domicile to the District by merger, consolidation, or any other lawful method shall continue in full force and effect upon the transfer if the captive insurer is duly qualified to transact the same type of insurance business in the District.
(c) Every transferring insurer shall notify the Commissioner of the details of the proposed transfer and shall file promptly any resulting amendments to application documents filed or required to be filed with the Commissioner.
(d) Any domestic captive insurer, upon the approval of the Commissioner, may transfer its domicile to any state in which it is licensed to transact business as a captive insurance company and, upon the transfer, shall cease to be a domestic insurer. The Commissioner shall approve any proposed transfer unless he or she determines the transfer is not in the best interest of the policyholders.
(Mar. 17, 2005, D.C. Law 15-262, § 18, 52 DCR 1205.)
Section References
This section is referenced in § 31-3932.03.
Emergency Legislation
For temporary (90 day) addition of section, see § 18 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39A - Captive Insurance Companies (2004) › Subchapter I - General › § 31–3931.18. Rating organization

§ 31–3931.18. Rating organization.
A captive insurer shall not be required to join a rating organization.
(Mar. 17, 2005, D.C. Law 15-262, § 19, 52 DCR 1205; Mar. 10, 2015, D.C. Law 20-203, § 2(l), 61 DCR 12572.)
Section References
This section is referenced in § 31-3932.03.
Effect of Amendments
The 2015 amendment by D.C. Law 20-203 substituted “shall not be required” for “shall not required.”
Emergency Legislation
For temporary (90 day) addition of section, see § 19 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39A - Captive Insurance Companies (2004) › Subchapter I - General › § 31–3931.19. Captive insurance regulatory and supervision trust account

§ 31–3931.19. Captive insurance regulatory and supervision trust account.
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).
(Mar. 17, 2005, D.C. Law 15-262, § 20, 52 DCR 1205.)
Section References
This section is referenced in § 31-3932.03.
Emergency Legislation
For temporary (90 day) addition of section, see § 20 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39A - Captive Insurance Companies (2004) › Subchapter I - General › § 31–3931.20. Judicial review; mandamus

§ 31–3931.20. Judicial review; mandamus.
(a) Any captive insurer aggrieved by any act, determination, rule, regulation, order, or any other action taken by Commissioner pursuant to this chapter, and which was the subject of a contested case, may appeal to the District of Columbia Court of Appeals, in accordance with § 2-510.
(b) The filing of an appeal pursuant to this section shall not stay the application of any rule, regulation, order, or other action of the Commissioner to the appealing party unless the court, after giving the appealing party notice and an opportunity to be heard, determines that failure to grant the stay would be detrimental to the interest of policyholders, shareholders, creditors, or the public.
(c) Any captive insurer aggrieved by any failure of the Commissioner to act or make a determination required by this chapter may petition the Superior Court of the District of Columbia for a writ in the nature of a mandamus or a peremptory mandamus directing the Commissioner to act or make such determination forthwith.
(Mar. 17, 2005, D.C. Law 15-262, § 21, 52 DCR 1205.)
Section References
This section is referenced in § 31-3932.03.
Emergency Legislation
For temporary (90 day) addition of section, see § 21 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39A - Captive Insurance Companies (2004) › Subchapter I - General › § 31–3931.21. Regulations

§ 31–3931.21. Regulations.
The Commissioner may issue rules and regulations relating to captive insurers as are necessary to enable him or her to carry out the provisions of this chapter.
(Mar. 17, 2005, D.C. Law 15-262, § 22, 52 DCR 1205.)
Section References
This section is referenced in § 31-3931.06, § 31-3931.22, and § 31-3932.03.
Emergency Legislation
For temporary (90 day) addition of section, see § 22 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39A - Captive Insurance Companies (2004) › Subchapter I - General › § 31–3931.22. Applicable laws

§ 31–3931.22. Applicable laws.
(a) Except as otherwise expressly provided in this chapter, only the following laws relating to insurance shall apply to risk retention groups licensed as captive insurers:
(1) Chapter 4 of this title notwithstanding the definition of the term “licensed insurer” or “insurer” in § 31-401(7)(A);
(2) Subchapter I of Chapter 7 of this title;
(3) Chapter 15 of this title; and
(4) Chapter 18 of this title.
(b) Except for §§ 31-2002(a)(2) and 31-2003(f), Chapter 20 of this title shall, effective January 1, 2012, apply to risk retention groups licensed as captive insurers; provided, that the Commissioner may waive the requirement that a risk retention group licensed as a captive insurer file a Risk Based Capital Plan under Chapter 20 of this title if the insurer is in compliance with its approved plan of operation and any additional requirements imposed by the Commissioner by rule pursuant to § 31-3931.21.
(Mar. 17, 2005, D.C. Law 15-262, § 23, 52 DCR 1205; Mar. 14, 2012, D.C. Law 19-103, § 2(e), 59 DCR 432.)
Effect of Amendments
D.C. Law 19-103 rewrote the section, which formerly read:
“Except as provided in this chapter, no law relating to the insurance industry shall apply to captive insurers other than this chapter.”
Emergency Legislation
For temporary (90 day) addition of section, see § 23 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39A - Captive Insurance Companies (2004) › Subchapter I - General › § 31–3931.23. Repeal and transition provisions

§ 31–3931.23. Repeal and transition provisions.
(a) Chapter 39 of this title is repealed, subject to the provisions of this section.
(b) All existing fees set forth in Chapter 39 of this title, shall remain in effect under the corresponding provisions of this chapter, and shall be applicable to protected cells, unless modified or repealed by rules promulgated by the Commissioner.
(c) All effective certificates of authority and all conditions imposed on the certificates of authority shall apply to the extent they would have applied under prior law.
(d) All captive insurers granted a certificate of authority as sponsored captive insurers under prior law shall comply with all of the provisions found in this chapter.
(Mar. 17, 2005, D.C. Law 15-262, § 24, 52 DCR 1205; Mar. 2, 2007, D.C. Law 16-191, § 54(d), 53 DCR 6794; Mar. 10, 2015, D.C. Law 20-203, § 2(m), 61 DCR 12572.)
Effect of Amendments
The 2015 amendment by D.C. Law 20-203 substituted “protected cells” for “segregated accounts” in (b).
Emergency Legislation
For temporary (90 day) addition of section, see § 24 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39A - Captive Insurance Companies (2004) › Subchapter II - Special Purpose Financial Captive Insurance Companies › § 31–3932.01. Purpose

§ 31–3932.01. Purpose.
This subchapter provides for the creation of special purpose financial captive insurance companies for the exclusive purpose of facilitating the securitization of one or more risks as a means of accessing alternative sources of capital and achieving the benefits of securitization. Their creation is intended to achieve greater efficiencies in structuring and executing insurance securitizations, to diversify and broaden insurers’ access to sources of capital, to facilitate access for many insurers to insurance securitization and capital markets financing technology, and to further the economic development of the District of Columbia through its captive insurance program.
(Mar. 17, 2005, D.C. Law 15-262, § 201; as added Mar. 14, 2007, D.C. Law 16-285, § 2(b), 54 DCR 944.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 39A - Captive Insurance Companies (2004) › Subchapter II - Special Purpose Financial Captive Insurance Companies › § 31–3932.03. Application of subchapter I of this chapter

§ 31–3932.03. Application of subchapter I of this chapter.
(a) Except as otherwise provided, §§ 31-3931.03, 31-3931.04, 31-3931.05, 31-3931.09, 31-3931.10, 31-3931.11, 31-3931.12, 31-3931.13, 31-3931.14, 31-3931.15, 31-3931.16, 31-3931.17, 31-3931.18, 31-3931.19, 31-3931.20, 31-3931.21, and 31-3931.09 through 31-3931.22 shall apply under this subchapter to SPFCs.
(b) The Commissioner, by rule or order, may exempt an SPFC, on a case-by-case basis, from the provisions of this title that the Commissioner determines to be inappropriate given the nature of the risks to be insured.
(Mar. 17, 2005, D.C. Law 15-262, § 203; as added Mar. 14, 2007, D.C. Law 16-285, § 2(b), 54 DCR 944; Mar. 25, 2009, D.C. Law 17-353, § 165(a), 56 DCR 1117.)
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction in subsec. (a).