2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 22A - Unfair Insurance Trade Practices › § 31–2231.20a. Prohibition on offsetting short-term disability benefits

§ 31–2231.20a. Prohibition on offsetting short-term disability benefits.
*NOTE: This section includes amendments by temporary legislation that will expire on July 10, 2024. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*
(a) No insurer may offset or reduce benefits or income available to an eligible individual under a temporary or short-term disability insurance policy, based on estimated or actual benefits the eligible individual may or does receive under subchapter IV of Chapter 5 of Title 32, regardless of in which jurisdiction such policy was executed, written, or delivered.
(b) Subsection (a) of this section shall not apply to the actions of a self-insured employer or to the actions of an insurer to the extent the insurer is acting on behalf of a self-insured employer as a third-party administrator for the self-insured employer.
(c) For the purposes of this section, the term:
(1) "Eligible individual" shall have the same meaning as provided in § 32-541.01(6).
(2) "Self-insured employer" shall have the same meaning as provided in § 32-541.01(19A).
(Apr. 3, 2001, D.C. Law 13-265, § 120a; as added Nov. 13, 2021, D.C. Law 24-45, § 4067, 68 DCR 010163; Nov. 28, 2023, D.C. Law 25-83, § 3, 70 DCR 13760.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 3 of Short-Term Disability Insurance Benefit Protection Clarification Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-269, Oct. 26, 2023, 70 DCR 14462).
For temporary (90 days) amendment of this section, see § 3 of Short-Term Disability Insurance Benefit Protection Clarification Emergency Amendment Act of 2023 (D.C. Act 25-204, July 26, 2023, 70 DCR 10763).
For temporary (90 days) amendment of this section, see § 3 of Short-Term Disability Insurance Benefit Protection Clarification Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-594, Oct. 25, 2022, 0 DCR 0).
For temporary (90 days) amendment of this section, see § 3(b) of Short-term Disability Insurance Benefit Protection Clarification Emergency Amendment Act of 2022 (D.C. Act 24-542, July 27, 2022, 0 DCR 0).
For temporary (90 days) creation of this section, see § 4067 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).
For temporary (90 days) creation of this section, see § 3 of Short-term Disability Insurance Benefit Protection Emergency Amendment Act of 2021 (D.C. Act 24-90, May 26, 2021, 68 DCR 005853).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 3 of Short-Term Disability Insurance Benefit Protection Clarification Temporary Amendment Act of 2023 (D.C. Law 25-83, Nov. 28, 2023, 70 DCR 13760).
For temporary (225 days) amendment of this section, see § 3 of Short-Term Disability Insurance Benefit Protection Temporary Clarification Amendment Act of 2022 (D.C. Law 24-202, Dec. 13, 2022, 69 DCR 12723).
For temporary (225 days) creation of this section, see § 3 of Short-term Disability Insurance Benefit Protection Temporary Amendment Act of 2021 (D.C. Law 24-18, July 29, 2021, 68 DCR 006100).