reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part A - General › § 1–307.05. Children’s Health Insurance Program

§ 1–307.05. Children’s Health Insurance Program.
(a) The Mayor may submit a state child health plan and modifications to the plan to the Secretary of the United States Department of Health and Human Services (“Secretary”), to enable the District to receive federal assistance under title XXI of the Social Security Act, approved August 5, 1997 (Pub.L. No. 105-33; 42 U.S.C. § 1397aa et seq.).
(b) The Mayor may take such action, in accordance with the rules issued by the Mayor pursuant to this part, as may be necessary to submit the plan to the Secretary and to establish and carry out the Children’s Health Insurance Program.
(Oct. 20, 1999, D.C. Law 13-38, § 2203, 46 DCR 6373.)
Prior Codifications
1981 Ed., § 1-360.2.
Section References
This section is referenced in § 1-307.03 and § 1-307.06.
Emergency Legislation
For temporary (90-day) addition of section, see § 2203 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part A - General › § 1–307.06. Rulemaking authority

§ 1–307.06. Rulemaking authority.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of § 1-307.03, § 1-307.05, and this section.
(Oct. 20, 1999, D.C. Law 13-38, § 2204, 46 DCR 6373.)
Prior Codifications
1981 Ed., § 1-360.3.
Section References
This section is referenced in § 1-307.03.
Emergency Legislation
For temporary (90-day) addition of section, see § 2204 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320).
Delegation of Authority
Delegation of Authority Pursuant to D.C. Law 13-38, the Medical Assistance Expansion Program Act of 1999, see Mayor’s Order 2001-83, June 7, 2001 ( 48 DCR 5839).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part B - Free Clinic Liability Indemnification Assistance Program › § 1–307.22. Establishment. [Expired]

§ 1–307.22. Establishment. [Expired]
Expired.
(Sept. 23, 1986, D.C. Law 6-155, § 3, 33 DCR 4809; Aug. 17, 1991, D.C. Law 9-41, § 2(c), 38 DCR 4979.)
Prior Codifications
1981 Ed., § 1-308.2.
Expiration of Law
Expiration of Law 6-155
See Historical and Statutory Notes following § 1-307.21.
Temporary Legislation
Section 17 of D.C. Law 17-63 repealed this section as of the date when the District of Columbia Free Clinic Captive Insurance Company becomes operational.
Section 19(b) of D.C. Law 17-63 provided that the act shall expire after 225 days of its having taken effect.
Editor's Notes
Repeal of Part B: Section 16 of D.C. Law 17-196 provided: “The Free Clinic Assistance Program Act of 1986, effective September 23, 1986 (D.C. Law 6-155; D.C. Official Code § 1-307.21 et seq.), is repealed as of the date when the Agency becomes operational.”
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part B - Free Clinic Liability Indemnification Assistance Program › § 1–307.23. Eligibility requirements. [Expired]

§ 1–307.23. Eligibility requirements. [Expired]
Expired.
(Sept. 23, 1986, D.C. Law 6-155, § 4, 33 DCR 4809; Mar. 2, 2007, D.C. Law 16-192, § 2182(b), 53 DCR 6899; Mar. 25, 2009, D.C. Law 17-353, § 136, 56 DCR 1117.)
Prior Codifications
1981 Ed., § 1-308.3.
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction.
Expiration of Law
Expiration of Law 6-155
See Historical and Statutory Notes following § 1-307.21.
Emergency Legislation
For temporary (90 day) amendment of section, see § 2182(b) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).
For temporary (90 day) amendment of section, see § 2182(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).
For temporary (90 day) amendment of section, see § 2182(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).
Temporary Legislation
Section 17 of D.C. Law 17-63 repealed this section as of the date when the District of Columbia Free Clinic Captive Insurance Company becomes operational.
Section 19(b) of D.C. Law 17-63 provided that the act shall expire after 225 days of its having taken effect.
Editor's Notes
Repeal of Part B: Section 16 of D.C. Law 17-196 provided: “The Free Clinic Assistance Program Act of 1986, effective September 23, 1986 (D.C. Law 6-155; D.C. Official Code § 1-307.21 et seq.), is repealed as of the date when the Agency becomes operational.”
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part B - Free Clinic Liability Indemnification Assistance Program › § 1–307.23a. Establishment of working group to study program alternatives. [Expired]

§ 1–307.23a. Establishment of working group to study program alternatives. [Expired]
Expired.
(Sept. 23, 1986, D.C. Law 6-155, § 4a; as added Apr. 8, 2005, D.C. Law 15-298, § 2(a), 52 DCR 1488.)
Editor's Notes
Repeal of Part B: Section 16 of D.C. Law 17-196 provided: “The Free Clinic Assistance Program Act of 1986, effective September 23, 1986 (D.C. Law 6-155; D.C. Official Code § 1-307.21 et seq.), is repealed as of the date when the Agency becomes operational.”
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part B - Free Clinic Liability Indemnification Assistance Program › § 1–307.24. Rules. [Expired]

§ 1–307.24. Rules. [Expired]
Expired.
(Sept. 23, 1986, D.C. Law 6-155, § 5, 33 DCR 4809.)
Prior Codifications
1981 Ed., § 1-308.4.
Expiration of Law
Expiration of Law 6-155
See Historical and Statutory Notes following § 1-307.21.
Temporary Legislation
Section 17 of D.C. Law 17-63 repealed this section as of the date when the District of Columbia Free Clinic Captive Insurance Company becomes operational.
Section 19(b) of D.C. Law 17-63 provided that the act shall expire after 225 days of its having taken effect.
Editor's Notes
Repeal of Part B: Section 16 of D.C. Law 17-196 provided: “The Free Clinic Assistance Program Act of 1986, effective September 23, 1986 (D.C. Law 6-155; D.C. Official Code § 1-307.21 et seq.), is repealed as of the date when the Agency becomes operational.”
Delegation of Authority
Delegation of authority pursuant to Law 6-155, “Free Clinic Assistance Program Act of 1986”, see Mayor’s Order 87-32, February 5, 1987.
Delegation of authority, see Mayor’s Order 88-100, April 26, 1988.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part B - Free Clinic Liability Indemnification Assistance Program › § 1–307.25. Applicability. [Expired]

§ 1–307.25. Applicability. [Expired]
Expired.
(Sept. 23, 1986, D.C. Law 6-155, § 5a; as added Oct. 17, 2002, D.C. Law 14-196, § 2(a), 49 DCR 7640.)
Emergency Legislation
For temporary (90 day) addition of § 1-307.25 and new codification of § 1-307.26, see § 2(a) of Free Clinic Assistance Program Extension Emergency Amendment Act of 2002 (D.C. Act 14-407, July 10, 2002, 49 DCR 7109).
For temporary (90 day) addition of § 1-307.25 and new codification of § 1-307.26, see § 2(a) of Free Clinic Assistance Program Extension Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-477, October 3, 2002, 49 DCR 9572).
Editor's Notes
Repeal of Part B: Section 16 of D.C. Law 17-196 provided: “The Free Clinic Assistance Program Act of 1986, effective September 23, 1986 (D.C. Law 6-155; D.C. Official Code § 1-307.21 et seq.), is repealed as of the date when the Agency becomes operational.”
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part C - Medical Benefits Protection › § 1–307.43. Recoupment of amounts spent on child medical care

§ 1–307.43. Recoupment of amounts spent on child medical care.
(a) The Mayor may garnish wages, salary, or other employment income of, and intercept, in accordance with procedures set forth in § 47-1812.11 [repealed], any amounts from District of Columbia tax payable to, any person who:
(1) Is required by court or administrative order to provide coverage of the cost of health services to a child who is eligible for Medicaid; and
(2) Has received payment from a third party for the costs of such services, but has not used the payments to reimburse either the other parent or guardian of the child or the provider of the services.
(b) A garnishment or tax intercept effectuated pursuant to subsection (a) of this section shall be effected only to the extent necessary to reimburse the District of Columbia Medicaid agency for its cost under the state plan, but claims for current and past due child support shall take priority over these claims.
(Mar. 14, 1995, D.C. Law 10-202, § 4, 41 DCR 7704.)
Prior Codifications
1981 Ed., § 1-359.3.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part D - Opportunity Accounts › § 1–307.61. Definitions

§ 1–307.61. Definitions.
For the purposes of this part, the term:
(1) “Account holder” means a person who is the owner of an opportunity account.
(2) “Administering organization” means an entity that is approved by the Mayor to implement and administer an opportunity account program.
(2A) "Commissioner" means the Commissioner of the Department of Insurance, Securities, and Banking.
(3) “District of Columbia median income” means the most recent measurement of median income for the District of Columbia published by the United States Department of Housing and Urban Development.
(4) “Financial institution” means a bank, trust company, savings bank, credit union, or savings and loan association with an office in the District of Columbia.
(5) “Medical emergency” means a debilitating or life-threatening illness.
(6) “Opportunity account” means a special savings account established under this part.
(7) “Opportunity Account Office” means the special savings account office established under § 1-307.62.
(8) “Opportunity account program” means a program of an administering organization to administer and oversee opportunity accounts and to encourage the establishment of opportunity accounts.
(9) “Opportunity account reserve fund” means the fund created by an administering organization for the purposes of funding the costs incurred in the administration of an opportunity account program and for providing matching funds for opportunity accounts.
(10) “Retirement” means the period commencing upon the eligibility of a person for Social Security benefits.
(Apr. 3, 2001, D.C. Law 13-266, § 2, 48 DCR 1240; Dec. 3, 2020, D.C. Law 23-149, § 6002(a), 67 DCR 10493.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 301(a) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).
For temporary (90 days) amendment of this section, see § 301(a) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).
For temporary (90 days) amendment of this section, see § 301(a) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 301(a) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).
Delegation of Authority
Delegation of Authority Pursuant to D.C. Law 13-266, the “Opportunity Accounts Act of 2002”, see Mayor’s Order 2002-45, March 8, 2002 ( 49 DCR 2252).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part D - Opportunity Accounts › § 1–307.62. Establishment of Opportunity Account Office

§ 1–307.62. Establishment of Opportunity Account Office.
The Mayor shall establish in the executive branch an office to be known as the Opportunity Account Office. The office shall:
(1) Provide eligible families and individuals with an opportunity to establish opportunity accounts;
(2) Provide that the opportunity account shall be established by an approved financial institution and administered by an approved organization;
(3) Provide incentives to encourage participation in the program; and
(4) Require that money deposited into an opportunity account shall be used only for approved purposes.
(Apr. 3, 2001, D.C. Law 13-266, § 3, 48 DCR 1240.)
Section References
This section is referenced in § 1-307.61.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part D - Opportunity Accounts › § 1–307.64. Responsibilities of administering organization

§ 1–307.64. Responsibilities of administering organization.
An administering organization shall:
(1) Administer opportunity accounts in accordance with this part and all rules promulgated under this part and in conformity with the organization’s application as approved by the Mayor;
(2) Establish an opportunity account reserve fund account at a financial institution and deposit into that account sufficient funds to administer the organization’s opportunity account program and to provide potential matching funds for opportunity accounts in the organization’s opportunity account program; and
(3) Review and approve expenditures of opportunity account funds to ensure that the expenditures are used for a purpose permitted under this part.
(Apr. 3, 2001, D.C. Law 13-266, § 5, 48 DCR 1240.)
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part D - Opportunity Accounts › § 1–307.65. Financial institution establishment of opportunity accounts

§ 1–307.65. Financial institution establishment of opportunity accounts.
(a) A financial institution shall not establish an opportunity account for an account holder unless the establishment of the account by the financial institution is approved by the Mayor. The Mayor may grant general approval to a financial institution to establish an opportunity account for any person meeting specified standards.
(b) A financial institution may establish an opportunity account reserve fund account if the establishment of the account by the financial institution is approved by the Mayor. The Mayor may grant general approval to a financial institution to establish an opportunity account reserve fund account for any organization meeting specified standards.
(c) A financial institution establishing an opportunity account shall certify to the Mayor, on a form to be prescribed by the Mayor and accompanied by any documentation required by the Mayor, that an opportunity account has been established and that funds have been deposited into the account.
(d) A financial institution establishing an opportunity account reserve fund account shall certify to the Mayor, on a form to be prescribed by the Mayor and accompanied by any documentation required by the Mayor, that an opportunity account reserve fund account has been established and that funds have been deposited into the account.
(e) A financial institution establishing an opportunity account shall:
(1) Maintain the account in the name of the account holder alone or in a subaccount of an escrow or custodial account in the name of the administering organization;
(2) Permit deposits to be made in the account by the account holder or an organization on behalf of the account holder;
(3) Provide at least the market rate of interest for the account; and
(4) Permit the account holder, or, if in an escrow or custodial account, the administering organization, to withdraw money from the account.
(Apr. 3, 2001, D.C. Law 13-266, § 6, 48 DCR 1240; June 12, 2003, D.C. Law 14-310, § 2(b), 50 DCR 1092.)
Effect of Amendments
D.C. Law 14-310 rewrote par. (4) of subsec. (e) which had read as follows: “(4) Permit the account holder or, if in an escrow or custodial account, the administering organization to withdraw money from the account.”
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part D - Opportunity Accounts › § 1–307.66. Eligibility to open an opportunity account; account limit

§ 1–307.66. Eligibility to open an opportunity account; account limit.
(a) An individual whose household income does not exceed 85% of the District of Columbia median income may open an opportunity account.
(b) The total balance in an opportunity account, except interested earned on matching funds or funds deposited into the account by the account holder, shall not exceed $10,000.
(Apr. 3, 2001, D.C. Law 13-266, § 7, 48 DCR 1240.)
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part D - Opportunity Accounts › § 1–307.70. Disposition upon death

§ 1–307.70. Disposition upon death.
(a) An account holder shall designate in writing a contingent beneficiary at the time the account is established.
(b) In the event of the death of an account holder, ownership of the account shall be transferred to the contingent beneficiary. If the contingent beneficiary is deceased, is not eligible to be an account holder, or otherwise cannot or will not accept ownership of the account, the matching funds shall be returned to the District of Columbia and administering organization in the same amounts as the matching funds were provided and the funds in the opportunity account shall be disbursed in accordance with District of Columbia law.
(c) The account holder may change, by a written instrument, his or her designation of the contingent beneficiary at any time.
(Apr. 3, 2001, D.C. Law 13-266, § 11, 48 DCR 1240.)
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part D - Opportunity Accounts › § 1–307.71. Use of reserve funds for administrative expenses

§ 1–307.71. Use of reserve funds for administrative expenses.
(a) No more than 20% of the funds in the opportunity account reserve fund account shall be used for administrative costs of the opportunity account program during either of the first 2 years of an opportunity account program. No more than 15% of the funds in the opportunity account reserve fund account may be used for administrative costs during any subsequent year.
(b) Funds deposited by account holders shall not be used for administrative costs.
(Apr. 3, 2001, D.C. Law 13-266, § 12, 48 DCR 1240.)
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part D - Opportunity Accounts › § 1–307.72. Exclusion of opportunity account funds from public assistance program calculations

§ 1–307.72. Exclusion of opportunity account funds from public assistance program calculations.
Funds in an opportunity account, including accrued interest, shall not be considered in the determination of whether a person is eligible to receive, or the determination of the amount of, any public assistance or benefits.
(Apr. 3, 2001, D.C. Law 13-266, § 13, 48 DCR 1240.)
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part D - Opportunity Accounts › § 1–307.73. Rulemaking

§ 1–307.73. Rulemaking.
The Mayor shall promulgate rules, in accordance with subchapter I of Chapter 5 of Title 2, to carry out the purposes and functions of this part.
(Apr. 3, 2001, D.C. Law 13-266, § 14, 48 DCR 1240.)
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part D - Opportunity Accounts › § 1–307.74. Report to Council

§ 1–307.74. Report to Council.
The Mayor shall provide a comprehensive report on the costs and benefits of the administration of the Opportunity Account Office and opportunity account programs to the Council 18 months after April 3, 2001, and every 2 years thereafter.
(Apr. 3, 2001, D.C. Law 13-266, § 15, 48 DCR 1240.)
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part D-i - Captive Insurance Agencies › § 1–307.84. Management of the Agency

§ 1–307.84. Management of the Agency.
(a) The Agency shall be administered by the Risk Officer.
(b) The Risk Officer shall employ a captive manager who shall run the day-to-day affairs of the Agency and shall report to the Risk Officer. The Risk Officer shall employ such other professionals as are necessary or appropriate to effectuate the purposes of this part.
(c) The Risk Officer may delegate the authority to perform any function authorized to be performed by the Risk Officer under this part.
(d) The Risk Officer may hire Agency staff.
(July 18, 2008, D.C. Law 17-196, § 5, 55 DCR 6261.)
Section References
This section is referenced in § 1-307.81.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part D-i - Captive Insurance Agencies › § 1–307.86. Approval of plan of operation by Commissioner; annual report to Commissioner; financial examination

§ 1–307.86. Approval of plan of operation by Commissioner; annual report to Commissioner; financial examination.
(a) Prior to the offering and issuance of insurance policies, the Agency shall submit to the Commissioner for approval a plan of operation which meets the requirements of § 1-307.87. The Agency shall also submit to the Commissioner for approval any proposed material changes to the plan.
(b) On or before December 15 of each year, the Agency shall submit to the Commissioner, on a form prescribed by the Commissioner by rule, a report of its financial condition, as prepared by a certified public accountant. The Agency shall file a consolidated report on behalf of each of its segregated accounts. The Agency shall use generally accepted accounting principles and include any useful or necessary modifications or adaptations thereof 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.
(c)(1) The Commissioner, or his designee, may visit the Agency at such times as he or she considers necessary to thoroughly inspect and examine the affairs of the Agency to ascertain:
(A) The financial condition of the Agency;
(B) The ability of the Agency to fulfill its obligations; and
(C) Whether the Agency has complied with the provisions of this part and the rules adopted pursuant thereto.
(2) The Commissioner may require the Agency to retain qualified independent legal, financial, and examination services from outside the Department of Insurance, Securities, and Banking to conduct the examination and make recommendations to the Commissioner. The cost of the examination shall be paid by the Agency.
(July 18, 2008, D.C. Law 17-196, § 7, 55 DCR 6261; Dec. 24, 2013, D.C. Law 20-61, § 1032(e), 60 DCR 12472.)
Section References
This section is referenced in § 1-307.88.
Effect of Amendments
The 2013 amendment by D.C. Law 20-61 substituted “December 15” for “March 2” in (b).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 1032(e) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).
For temporary (90 days) amendment of this section, see § 1032(e) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).
Short Title
Section 1031 of D.C. Law 20-61 provided that Subtitle D of Title I of the act may be cited as the “Captive Insurance Amendment Act of 2013”.
Editor's Notes
Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part D-i - Captive Insurance Agencies › § 1–307.88. Annual report to the Mayor and Council

§ 1–307.88. Annual report to the Mayor and Council.
(a) The Risk Officer shall submit an annual report to the Mayor and the Council.
(b) The report shall be filed within 60 days of the Agency filing the annual report with the Commissioner under § 1-307.86(b).
(c) The report shall summarize the activities of the Agency in the preceding calendar year, including the net earned premiums, health center enrollment in the Agency program, the expense of administration, and the paid and incurred losses.
(July 18, 2008, D.C. Law 17-196, § 9, 55 DCR 6261.)
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part D-i - Captive Insurance Agencies › § 1–307.89. Liabilities of Risk Officer, captive manager, and Advisory Council

§ 1–307.89. Liabilities of Risk Officer, captive manager, and Advisory Council.
(a) The Risk Officer, captive manager, and Advisory Council members shall not be liable for any obligations of the Agency.
(b) The Risk Officer, captive manager, and Advisory Council members shall not be liable, or shall any cause of action of any nature arise against them, for any act or omission related to the performance of their powers and duties under this part, unless the act or omission constitutes willful or wanton misconduct.
(July 18, 2008, D.C. Law 17-196, § 10, 55 DCR 6261.)
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part D-i - Captive Insurance Agencies › § 1–307.90. Coverage

§ 1–307.90. Coverage.
(a) The Agency shall offer health centers medical malpractice insurance that is consistent with coverage offered in the market.
(b) The insurance policies and coverage offered pursuant to this part shall be established by the Risk Officer with the advice of the Advisory Council and subject to the approval of the Commissioner.
(c) Any policy offered by the Agency shall state that the liability of the Agency shall be limited to the funds in the Captive Trust Fund.
(July 18, 2008, D.C. Law 17-196, § 11, 55 DCR 6261; Dec. 24, 2013, D.C. Law 20-61, § 1032(g), 60 DCR 12472; Oct. 8, 2016, D.C. Law 21-160, § 1032(e), 63 DCR 10775; July 3, 2018, D.C. Law 22-123, § 2(f), 65 DCR 5088.)
Effect of Amendments
The 2013 amendment by D.C. Law 20-61 rewrote this section.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(e) of the Captive Earthquake Property Insurance Emergency Act of 2013 (D.C. Act 20-39, March 20, 2013, 60 DCR 4663, 20 DCSTAT 523).
For temporary (90 days) amendment of this section, see § 2(e) of the Captive Earthquake Property Insurance Congressional Review Emergency Act of 2013 (D.C. Act 20-85, June 19, 2013, 60 DCR 9536, 20 DCSTAT 1441).
For temporary (90 days) amendment of this section, see § 1032(g) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).
For temporary (90 days) amendment of this section, see § 1032(g) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2(e) of the Captive Earthquake Property Insurance Temporary Amendment Act of 2013 (D.C. Law 20-9, June 22, 2013, 60 DCR 6407, 20 DCSTAT 1277).
Short Title
Section 1031 of D.C. Law 20-61 provided that Subtitle D of Title I of the act may be cited as the “Captive Insurance Amendment Act of 2013”.
Editor's Notes
Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part D-i - Captive Insurance Agencies › § 1–307.91a. Medical Captive Insurance Claims Reserve Fund

§ 1–307.91a. Medical Captive Insurance Claims Reserve Fund.
(a) There is established as a special fund the Medical Captive Insurance Claims Reserve Fund, which shall be administered by the Agency in accordance with subsection (c) of this section.
(b) Such amounts as may be appropriated to the Fund shall be deposited in the Fund; provided, that remaining amounts assigned in the FY 2018 balance of the District's General Fund for this purpose shall be deposited in the Fund.
(c) Money in the Fund shall be used for the payment of claims and losses under medical liability policies of insurance issued by the Agency.
(d)(1) The money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(July 18, 2008, D.C. Law 17-196, § 12a; as added Sept. 11, 2019, D.C. Law 23-16, § 1002(b), 66 DCR 8621.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 1002 of the Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).
For temporary (90 days) creation of this section, see § 1002 of the Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part D-i - Captive Insurance Agencies › § 1–307.92. Exemption from certain laws

§ 1–307.92. Exemption from certain laws.
The Agency shall not be subject to:
(1) Subchapter IX-A of Chapter 2 of Title 2;
(2) Chapter 3A of Title 2; or
(3) Chapter 6 of this title.
(July 18, 2008, D.C. Law 17-196, § 13, 55 DCR 6261; Oct. 8, 2016, D.C. Law 21-160, § 1032(g), 63 DCR 10775.)
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part D-i - Captive Insurance Agencies › § 1–307.92a. Construction

§ 1–307.92a. Construction.
Nothing in this part shall be construed to limit or constitute a waiver of the District's sovereign immunity or common-law defenses to claims that may be covered by insurance.
(July 18, 2008, D.C. Law 17-196, § 13a; as added July 3, 2018, D.C. Law 22-123, § 2(h), 65 DCR 5088.)
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part D-i - Captive Insurance Agencies › § 1–307.93. Rules

§ 1–307.93. Rules.
The Mayor may issue rules to implement the provisions of this part.
(July 18, 2008, D.C. Law 17-196, § 14, 55 DCR 6261.)
Delegation of Authority
Delegation of Rulemaking Authority to the Commissioner of the Department of Insurance, Securities and Banking under the District of Columbia Medical Liability Captive Insurance Agency Establishment Act of 2008, see Mayor’s Order 2010-161, October 15, 2010 ( 57 DCR 9819).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part D-i - Captive Insurance Agencies › § 1–307.94. Dissolution of the District of Columbia Free Clinic Captive Insurance Company

§ 1–307.94. Dissolution of the District of Columbia Free Clinic Captive Insurance Company.
The District of Columbia Free Clinic Captive Insurance Company, an instrumentality established by the District of Columbia Free Clinic Captive Insurance Company Establishment Emergency Act of 2007, effective October 3, 2007 (D.C. Act 17-113; 54 DCR 9977 ), is dissolved. All of its assets (including cash, accounts receivable, reserve funds, real or personal property, and contract and other rights), positions, personnel, and records, and the unexpended balances of appropriations, allocations, and other funds available or to be made available to it, are transferred to the Agency.
(July 18, 2008, D.C. Law 17-196, § 15, 55 DCR 6261.)
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part D-i - Captive Insurance Agencies › § 1–307.95. Short title

§ 1–307.95. Short title.
This part may be cited as the “Captive Insurance Agency Establishment Act of 2008”.
(July 18, 2008, D.C. Law 17-196, § 16a; as added Dec. 24, 2013, D.C. Law 20-61, § 1032(i), 60 DCR 12472; redesignated as § 15a, July 3, 2018, D.C. Law 22-123, § 2(i), 65 DCR 5088.)
Effect of Amendments
The 2013 amendment by D.C. Law 20-61 added this section.
Emergency Legislation
For temporary (90 days) addition of this section, see § 1032(i) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).
For temporary (90 days) addition of this section, see § 1032(i) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).
Editor's Notes
Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part E - Payments in Lieu of Taxes › § 1–308.04. Payment and collection of payments in lieu of taxes

§ 1–308.04. Payment and collection of payments in lieu of taxes.
(a) The owner of the PILOT parcel shall make the payments in lieu of taxes to the District at the same time and in the same manner as real property taxes under Chapter 8 of Title 47; provided, that in connection with issuance of Bonds, the PILOT may be paid for the benefit of the holders of the Bonds to the bond trustee or other persons as provided in the financing documents for the purposes set forth therein; provided further, that if such provisions are included in the financing documents, the PILOT shall constitute a lien against the property on which the PILOT was assessed to the same extent as a real property tax lien and shall be deemed to be a tax within the meaning of 11 U.S.C. §§ 502(b), 505, and 507(a)(8)(B).
(b) Payments in lieu of taxes shall be subject to the same penalty and interest provisions as unpaid real property tax under the Chapter 8 of Title 47.
(c) A lien for unpaid payments in lieu of taxes, including penalty and interest, shall attach to the PILOT parcel in the same manner and with the same priority as a lien for delinquent real property tax under Chapter 13A of Title 47.
(d) The unpaid payments in lieu of taxes may be collected in accordance with Chapter 13A of Title 47.
(Apr. 5, 2005, D.C. Law 15-293, § 5, 52 DCR 1465.)
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part E - Payments in Lieu of Taxes › § 1–308.05. Bond authorization

§ 1–308.05. Bond authorization.
The issuance of Bonds in accordance with this part is authorized. The aggregate principal amount of Bonds which may be issued under this part shall not exceed $500 million; provided, that the aggregate amount of Bonds that may be allocated to benefit directly projects in the Central Business District, as that term is defined in Chapter 17 of Title 11 of the District of Columbia Municipal Regulations (11 DCMR § 1700 et seq.), shall not exceed $300 million.
(Apr. 5, 2005, D.C. Law 15-293, § 6, 52 DCR 1465; Mar. 8, 2007, D.C. Law 16-244, § 101, 54 DCR 609.)
Effect of Amendments
D.C. Law 16-244 substituted “$500 million; provided, that the aggregate amount of Bonds that may be allocated to benefit directly projects in the Central Business District, as that term is defined in Chapter 17 of Title 11 of the District of Columbia Municipal Regulations ( 11 DCMR § 1700 et seq.), shall not exceed $300 million” for “$250 million”.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part E - Payments in Lieu of Taxes › § 1–308.06. Details of Bonds

§ 1–308.06. Details of Bonds.
(a) Subject to the terms of the resolution authorizing issuance of the Bonds, the Mayor may take any action necessary or appropriate in accordance with this part in connection with the preparation, execution, issuance, sale, delivery, and payment of Bonds, including determinations of:
(1) The final form, content, designation, and terms of the Bonds, including a determination that the Bonds may be issued in certificate or book entry form;
(2) The principal amount of the Bonds to be issued and denominations of the Bonds;
(3) The rate or rates of interest or the method for determining the rate or rates of interest on the Bonds;
(4) The date or dates of issuance, sale, and delivery of, and the payment of interest on the Bonds, and the maturity date or dates of the Bonds;
(5) The terms under which the Bonds may be paid, optionally or mandatorily redeemed, accelerated, tendered, called, or put for redemption, repurchase, or remarketing before their respective stated maturities;
(6) Provisions for the registration, transfer, and exchange of each series of Bonds and the replacement of mutilated, lost, stolen, or destroyed Bonds;
(7) The creation of any reserve fund, sinking fund, or other fund with respect to the Bonds;
(8) The time and place of payment of the Bonds;
(9) Procedures for monitoring the use of the proceeds received from the sale of the Bonds to ensure that they are properly applied to the project and used to accomplish the purposes of this part; and
(10) Actions necessary to qualify the Bonds under blue sky laws of any jurisdiction where the Bonds are marketed.
(b) The Bonds shall contain a legend, which shall provide that the Bonds shall be special obligations of the District, shall be nonrecourse to the District, shall not be a pledge of, and shall not involve, the faith and credit or the taxing power of the District (other than the PILOT or any other security authorized by this part), shall not constitute a debt of the District, and shall not constitute lending of the public credit for private undertakings as prohibited in § 1-206.02(a)(2).
(c) The Bonds shall be executed in the name of the District and on its behalf by the manual or facsimile signature of the Mayor. The Mayor’s execution and delivery of the Bonds shall constitute conclusive evidence of the Mayor’s approval, on behalf of the District, of the final form and content of the same.
(d) The official seal of the District, or facsimile of it, shall be impressed, printed, or otherwise reproduced on the Bonds.
(e) The Bonds may be issued at any time or from time to time in one or more issues and in one of more series.
(Apr. 5, 2005, D.C. Law 15-293, § 7, 52 DCR 1465.)
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part E - Payments in Lieu of Taxes › § 1–308.08. Default

§ 1–308.08. Default.
If there shall be a default in the payment of the principal of, or interest on, any Bonds of a series after the principal or interest shall become due and payable, whether at maturity or upon call for redemption, or if the District shall fail or refuse to carry out and perform the terms of any agreement with the holders of any of the Bonds, the holders of the Bonds, or the trustee appointed to act on behalf of the holders of the Bonds, may, subject to the provisions of the financing documents, do the following:
(1) By action, writ, or other proceeding, enforce all rights of the holders of the Bonds, including the right to require the District to carry out and perform the terms of any agreement with the holders of the Bonds or its duties under this part;
(2) By action, require the District to account as if it were the trustee of an express trust;
(3) By action, petition to enjoin any acts or things that may be unlawful or in violation of the rights of the holders of the Bonds; and
(4) Declare all the Bonds due and payable, whether or not in advance of maturity and, if all the defaults be made good, annul the declaration and its consequences.
(Apr. 5, 2005, D.C. Law 15-293, § 9, 52 DCR 1465.)
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part E - Payments in Lieu of Taxes › § 1–308.09. Liability

§ 1–308.09. Liability.
(a) The members of the Council, the Mayor, or any person executing Bonds shall not be liable personally on the Bonds by reason of the issuance thereof.
(b) Notwithstanding any other provision of this part, the Bonds shall not be general obligations of the District and shall not be in any way a debt or liability of the District within the meaning of any debt or other limit prescribed by law. The full faith and credit or the general taxing power of the District (other than the PILOT or other security authorized under this part) shall not be pledged to secure the payment of any Bonds.
(Apr. 5, 2005, D.C. Law 15-293, § 10, 52 DCR 1465.)
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part E - Payments in Lieu of Taxes › § 1–308.10. Prior legislation

§ 1–308.10. Prior legislation.
This part shall not adversely affect any actions taken, agreements entered into, pledge of security made, or Bonds issued prior to April 5, 2005.
(Apr. 5, 2005, D.C. Law 15-293, § 11, 52 DCR 1465.)
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part F - Poverty Lawyer Loan Assistance Repayment Program › § 1–308.21. Definitions. [Repealed]

§ 1–308.21. Definitions. [Repealed]
Repealed.
(Mar. 2, 2007, D.C. Law 16-203, § 2, 53 DCR 9055; Mar. 14, 2007, D.C. Law 16-294, § 15, 54 DCR 1086; Sept. 18, 2007, D.C. Law 17-20, § 3033(a), 54 DCR 7052; Sept. 14, 2011, D.C. Law 19-21, § 3003, 58 DCR 6226.)
Emergency Legislation
For temporary (90 day) addition, see § 2 of District of Columbia Poverty Lawyer Loan Repayment Program Emergency Act of 2006 (D.C. Act 16-512, October 25, 2006, 53 DCR 9086).
For temporary (90 day) addition, see § 2 of District of Columbia Poverty Lawyer Loan Repayment Program Congressional Review Emergency Act of 2006 (D.C. Act 16-563, December 19, 2006, 53 DCR 10259).
For temporary (90 day) amendment of section, see § 3033(a) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).
Delegation of Authority
Delegation of Authority Pursuant to D.C. Act 16-512, the District of Columbia Poverty Lawyer Loan Assistance Repayment Program Emergency Act of 2006, and any substantially identical successor legislation, see Mayor’s Order 2006-161, November 8, 2006 ( 53 DCR 9362).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part F - Poverty Lawyer Loan Assistance Repayment Program › § 1–308.22. Establishment of the District of Columbia Poverty Lawyer Loan Assistance Repayment Program. [Repealed]

§ 1–308.22. Establishment of the District of Columbia Poverty Lawyer Loan Assistance Repayment Program. [Repealed]
Repealed.
(Mar. 2, 2007, D.C. Law 16-203, § 3, 53 DCR 9055; Sept. 18, 2007, D.C. Law 17-20, § 3033(b), 54 DCR 7052; Sept. 14, 2011, D.C. Law 19-21, § 3003, 58 DCR 6226.)
Emergency Legislation
For temporary (90 day) addition, see § 3 of District of Columbia Poverty Lawyer Loan Repayment Program Emergency Act of 2006 (D.C. Act 16-512, October 25, 2006, 53 DCR 9086).
For temporary (90 day) addition, see § 3 of District of Columbia Poverty Lawyer Loan Repayment Program Congressional Review Emergency Act of 2006 (D.C. Act 16-563, December 19, 2006, 53 DCR 10259).
For temporary (90 day) amendment of section, see § 3033(b) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part F - Poverty Lawyer Loan Assistance Repayment Program › § 1–308.23. Administration of the Program. [Repealed]

§ 1–308.23. Administration of the Program. [Repealed]
Repealed.
(Mar. 2, 2007, D.C. Law 16-203, § 4, 53 DCR 9055; Sept. 18, 2007, D.C. Law 17-20, § 3033(c), 54 DCR 7052; Sept. 14, 2011, D.C. Law 19-21, § 3003, 58 DCR 6226.)
Emergency Legislation
For temporary (90 day) addition, see § 4 of District of Columbia Poverty Lawyer Loan Repayment Program Emergency Act of 2006 (D.C. Act 16-512, October 25, 2006, 53 DCR 9086).
For temporary (90 day) addition, see § 4 of District of Columbia Poverty Lawyer Loan Repayment Program Congressional Review Emergency Act of 2006 (D.C. Act 16-563, December 19, 2006, 53 DCR 10259).
For temporary (90 day) amendment of section, see § 3033(c) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part F - Poverty Lawyer Loan Assistance Repayment Program › § 1–308.24. Eligibility. [Repealed]

§ 1–308.24. Eligibility. [Repealed]
Repealed.
(Mar. 2, 2007, D.C. Law 16-203, § 5, 53 DCR 9055; Sept. 14, 2011, D.C. Law 19-21, § 3003, 58 DCR 6226.)
Emergency Legislation
For temporary (90 day) addition, see § 5 of District of Columbia Poverty Lawyer Loan Repayment Program Emergency Act of 2006 (D.C. Act 16-512, October 25, 2006, 53 DCR 9086).
For temporary (90 day) addition, see § 5 of District of Columbia Poverty Lawyer Loan Repayment Program Congressional Review Emergency Act of 2006 (D.C. Act 16-563, December 19, 2006, 53 DCR 10259).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part F - Poverty Lawyer Loan Assistance Repayment Program › § 1–308.25. Award of Program loans. [Repealed]

§ 1–308.25. Award of Program loans. [Repealed]
Repealed.
(Mar. 2, 2007, D.C. Law 16-203, § 6, 53 DCR 9055; Sept. 14, 2011, D.C. Law 19-21, § 3003, 58 DCR 6226.)
Emergency Legislation
For temporary (90 day) addition, see § 6 of District of Columbia Poverty Lawyer Loan Repayment Program Emergency Act of 2006 (D.C. Act 16-512, October 25, 2006, 53 DCR 9086).
For temporary (90 day) addition, see § 6 of District of Columbia Poverty Lawyer Loan Repayment Program Congressional Review Emergency Act of 2006 (D.C. Act 16-563, December 19, 2006, 53 DCR 10259).