2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 31D - Health Benefit Exchange › § 31–3171.06. Powers and duties of executive board

§ 31–3171.06. Powers and duties of executive board.
(a) Subject to any limitations under this chapter, or other applicable law, the executive board shall have all the powers necessary to carry out the functions authorized by the Federal Act and consistent with the purposes of the Authority.
(b) The enumeration of specific powers in this chapter is not intended to restrict the executive board’s power to take any lawful action that it determines is necessary to carry out the functions authorized by the Federal Act and is consistent with the purposes of the Authority.
(c) In addition to the powers set forth elsewhere in this chapter, the executive board may:
(1) Adopt and alter an official seal;
(2) Sue, be sued, plead, and be impleaded;
(3) Adopt bylaws, rules, and policies;
(4) Maintain an office in the District at a place designated by the executive board;
(5) Enter into any agreements or contracts and execute the instruments necessary to manage its affairs and to carry out the purposes of this chapter;
(6) Apply for and receive grants, contracts, or other public or private funding; and
(7) Do all things necessary in conformity with the law to exercise the powers granted by this chapter.
(d)(1) To carry out the purposes of this chapter or perform any of its functions under this chapter, the executive board may contract or enter into memoranda of understanding with eligible entities, including the:
(A) Department of Health Care Finance;
(B) Department of Human Services;
(C) Department of Insurance, Securities and Banking;
(D) Insurance producers and third-party administrators registered in the District; and
(E) Any other entities that have experience in individual and small group public and private health insurance plans or in facilitating enrollment in those plans.
(2) The executive board shall ensure that any entity under a contract with the Authority complies with the provisions of this chapter when performing services on behalf of the Authority that are subject to this chapter.
(e)(1) The executive board may enter into information-sharing agreements with federal agencies, District agencies, agencies of one or more states, and other state health insurance exchanges to carry out the provisions of this chapter.
(2) An information-sharing agreement entered into under paragraph (1) of this subsection shall:
(A) Include adequate protections with respect to the confidentiality of information; and
(B) Comply with all District and federal laws and regulations.
(f) The executive board shall adopt written policies and procedures, which shall be made publicly accessible on the Authority’s website and published in the District of Columbia Register, governing all procurements of the Authority.
(g) The executive board may limit the number of plans offered in the exchanges using selective criteria or contracting; provided, that individuals and employers have an adequate number and selection of choices.
(h) The executive board may merge the exchanges for individual coverage within the American Health Benefits Exchange and the SHOP Exchange if a merger is considered by the Authority to be in the best interest of the District.
(Mar. 2, 2012, D.C. Law 19-94, § 7, 59 DCR 213; Mar. 14, 2014, D.C. Law 20-94, § 3(b), 61 DCR 963.)
Effect of Amendments
The 2014 amendment by D.C. Law 20-94 substituted “policies and procedures, which shall be made publicly accessible on the Authority’s website and published in the District of Columbia Register” for “policies and procedures” in (f).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 3(b) of the Procurement Practices Reform Exemption Emergency Amendment Act of 2014 (D.C. Act 20-282, February 20, 2014, 61 DCR 1576).