Code of the District of Columbia

Subchapter IV. Special Programs.


Part A. General.

§ 1–307.01. District of Columbia student loan insurance program.

(a) The government of the District of Columbia is authorized:

(1) To establish a student loan insurance program which meets the requirements of this part for a State loan insurance program in order to enter into agreements with the Commissioner for the purposes of this title;

(2) To enter into such agreements with the Commissioner;

(3) To use amounts appropriated for the purposes of this section to establish a fund for such purposes and for expenses in connection therewith;

(4) To accept and use donations for the purposes of this section; and

(5) To establish a student loan program for District of Columbia residents which shall be funded in whole or in part through the proceeds of Industrial Revenue Bonds and to enter into agreements with other entities for the purpose of managing, regulating, and overseeing such a program.

(b) Notwithstanding the provisions of any applicable law, if the borrower, on any loan insured under the program established pursuant to this section, is a minor, any otherwise valid note or other written agreement executed by him for the purposes of such loan shall create a binding obligation.

(c) There are authorized to be appropriated such amounts as may be necessary for the purposes of this section.


(Nov. 8, 1965, Pub. L. 89-329, title IV, § 436; Nov. 3, 1966, 80 Stat. 1244, Pub. L. 89-572, § 12; Oct. 16, 1968, 82 Stat. 1024, Pub. L. 90-575, title I, § 116(b)(5); Oct. 12, 1976, 90 Stat. 2132, Pub. L. 94-482, title I, § 127(a); Nov. 19, 1985, D.C. Law 6-58, § 2, 32 DCR 5725.)

Prior Codifications

1981 Ed., § 1-358.

1973 Ed., § 1-265.

References in Text

In subsection (a), the words “this title” refer to Title IV of the Higher Education Act of 1965, as amended, which is classified to 20 U.S.C. § 1070 et seq.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 1–307.02. District of Columbia medical assistance program.

(a)(1) In accordance with paragraph (2) of this subsection, the Mayor may submit, under title XIX of the Social Security Act (Title XIX) to the Secretary of the United States Department of Health and Human Services, a plan for medical assistance (and any modifications of the plan) to enable the District to receive federal financial assistance under Title XIX for a medical assistance program established by the Mayor under such plan.

(2) Prior to submitting a plan, modification to a plan, or waiver as provided in paragraph (1) of this subsection, or prior to implementing any pending modification or waiver, the Mayor shall submit the plan to the Council for approval. If the Council does not approve or disapprove the submission within 30 days of receipt from the Mayor, the plan shall be deemed approved.

(3) Review and approval by the Council of the Fiscal Year 2010 Budget and Financial Plan shall constitute the Council review and approval required by paragraph 2 of this subsection of any modification or waiver to the state plan required to implement during fiscal year 2010 an initiative to:

(A) Utilize Disproportionate Share Hospital funding to support the transition of individuals into health insurance programs through the modification of the Disproportionate Share Hospital qualification and distribution methodology;

(B) Change service limit methodology for personal care aide services;

(C) Enhance prescription drug utilization and review activities;

(D) Reduce reimbursement rates for prescription drugs to align pharmaceutical spending with national payment trends;

(E) Change methodologies for recovering improper payments;

(F) Obtain available State Children’s Health Insurance Program funding for immigrant children and pregnant women;

(G) Shift coverage for unborn children of undocumented immigrants from the D.C. HealthCare Alliance to Medicaid;

(H) Implement a new methodology for fee-for-service inpatient hospital reimbursement; and

(I) Reduce disallowances for public provider agencies.

(4) Review and approval by the Council of the fiscal year 2011 budget and financial plan shall constitute the Council review and approval required by paragraph (2) of this subsection of any waiver, modification to the state plan, or modification to a waiver required during fiscal year 2011 for purposes of implementing federal health care reform initiatives as set forth in the Patient Protection and Affordable Care Act, approved March 23, 2010 (124 Stat. 119; Pub. L. No. 111-148); provided, that the Department of Health Care Finance publishes a copy of any waiver, modification to the state plan, or modification to a waiver available on its website for at least 5 business days prior to submission to the Secretary of the United States Department of Health and Human Services.

(5) Review and approval by the Council of the Fiscal Year 2012 Budget and Financial Plan shall constitute the Council review and approval required by paragraph (2) of this subsection of:

(A) Any modification or waiver to the state plan required to change the methodology used for the reimbursement for single source brand name drugs from the average wholesale price minus 10% to wholesale acquisition cost plus 3%; and

(B) Any modification or waiver to the state plan required to change in whole or in part the level of personal-care services offered as a state plan benefit.

(6) Review and approval by the Council of the Fiscal Year 2013 Budget and Financial Plan shall constitute the Council review and approval required by paragraph (2) of this subsection of any modification or waiver to the state plan required to:

(A) Update the diagnosis-related group (“DRG”) grouper the agency uses to pay hospitals for inpatient care and other characteristics of the reimbursement system, such as base rates, DRG weights, outlier thresholds and transfer policy to adjust the average payment to cost ratio for inpatient care at DRG hospitals from 114% to 98%;

(B) Update the reimbursement methodology model to one based on acuity for Intermediate Care Facilities for the Intellectually Disabled;

(C) Exclude the cost of therapies, including physical therapy, occupational therapy, and speech therapy, from the calculation of the nursing and resident care component of the nursing home rate; and

(D) Transition beneficiaries to the replenishing pharmacy network for antiretroviral medications.

(7) Review and approval by the Council of the Fiscal Year 2014 Budget and Financial Plan shall constitute the Council review and approval required by paragraph (2) of this subsection of any amendment, modification, or waiver of the state plan required to:

(A) Establish a supplemental payment to rectify historic underpayments to District Medicaid hospitals for outpatient and emergency room services;

(B) Implement Title II of the Patient Protection and Affordable Care Act, approved March 23, 2010 (Pub. L. No. 111-148; 124 Stat. 119), to:

(i) Provide for new Modified Adjusted Gross Income eligibility methodologies;

(ii) Streamline the application process;

(iii) Align Medicaid eligibility determinations, renewals, and appeals with eligibility determinations and appeals of cost sharing and advanced premium tax credits for the Health Benefit Exchange;

(iv) Secure enhanced federal medical assistance percentages for newly eligible Medicaid beneficiaries and preventive services, including tobacco cessation;

(v) Provide coverage for former foster care children through age 25;

(vi) Implement presumptive eligibility by hospitals;

(vii) Extend the District’s current Section 1115 demonstration for childless adults ages 21 through 64 years with incomes between 133% and up to 200% of the federal poverty level to provide stop-gap coverage for these beneficiaries until the District establishes the basic health plan; and

(viii) Create health homes for chronically ill District residents;

(C) Implement needed reforms to Medicaid-funded, long-term care services and supports, including:

(i) The establishment of a single-point-of-entry system and a standardized, conflict-free assessment tool and process;

(ii) Clarification of eligibility requirements for institutional long-term care services; and

(iii) The creation of new programming, including adult day health services pursuant to Title XIX of the Social Security Act to ensure that District residents may be served in the most integrated setting appropriate to their needs; and

(D) Implement an annual inflation rate adjustment for nursing facilities.

(8) Review and approval by the Council of the Fiscal Year 2015 Budget and Financial Plan shall constitute the Council review and approval required by paragraph (2) of this subsection of any amendment, modification, or waiver of the state plan required to:

(A) Implement needed amendments to the Elderly and Individuals with Physical Disabilities waiver to ensure compliance with federal law and promote best practices;

(B) Establish new payment rates for Federally-Qualified Health Centers;

(C) Establish a new payment method and make other improvements to the payment methodology for hospital inpatient treatment;

(D) Establish a new payment method and make other improvements to the payment methodology for hospital outpatient services;

(E) Implement needed amendments to the Intellectual Disabilities/Developmental Disabilities waiver to ensure compliance with federal law and promote best practices;

(F) Align specialty hospital payments with the complexity of their patient mixes and national best practices and to describe payment standards for sub-acute services for children who are inpatients in private psychiatric specialty hospitals; and

(G) Update transplantation coverage standards and provide coverage for lung transplantation and autologous bone marrow transplantation.

(9) Review and approval by the Council of the Fiscal Year 2016 Budget and Financial Plan shall constitute the Council review and approval required by paragraph (2) of this subsection of any amendment, modification, or waiver of the state plan required to:

(A) Update the reimbursement methodology model for intermediate care facilities for persons with developmental disabilities to ensure compliance with federal law;

(B) Update the payment methodology for hospital services;

(C) Update the payment methodology for Federally-Qualified Health Centers;

(D) Update the payment methodology and program standards for Home Health Agencies;

(E) Create health homes for chronically ill District residents;

(F) Establish a provider fee on District Medicaid hospitals for in-patient services; and

(G) Establish a supplemental payment to District Medicaid hospitals for outpatient services.

(10) Review and approval by the Council of the Fiscal Year 2017 Budget and Financial Plan shall constitute the Council review and approval required by paragraph (2) of this subsection of any amendment, modification, or waiver of the state plan required to:

(A) Implement needed amendments to:

(i) The Intermediate Care Facilities for Individuals with Developmental Disabilities reimbursement methodology;

(ii) The payment methodology for hospital services;

(iii) The payment methodology for nursing homes;

(iv) The payment methodology for the Disproportionate Share Hospital program;

(v) The health homes program;

(vi) Renew and update the Elderly and Individuals with Physical Disabilities waiver program and make conforming changes to the state plan; and

(vii) The payment methodology for prescription drugs; and

(B) Increase the number of participants in the Home and Community-Based Services Waiver for Persons with Intellectual and Developmental Disabilities program.

(b)(1) Notwithstanding any other provision of law, the Mayor may take such action as may be necessary to submit such plan to the Secretary and to establish and carry out such medical assistance program, except that in prescribing the standards for determining eligibility for and the extent of medical assistance under the District of Columbia’s plan for medical assistance, the Mayor may not (except to the extent required by Title XIX of the Social Security Act):

(A) Prescribe maximum income levels for recipients of medical assistance under such plan which exceed:

(i) The Title XIX maximum income levels if such levels are in effect; or

(ii) The Mayor’s maximum income levels for the local medical assistance program if there are no Title XIX maximum income levels in effect; or

(B) Prescribe criteria which would permit an individual or family to be eligible for such assistance if such individual or family would be ineligible, solely by reason of his or its resources, for medical assistance both under the plan of the State of Maryland approved under Title XIX of the Social Security Act and under the plan of the State of Virginia approved under such title.

(2) For purposes of subparagraph (A) of paragraph (1) of this subsection:

(A) The term “Title XIX maximum income levels” means any maximum income levels which may be specified by Title XIX of the Social Security Act for recipients of medical assistance under state plans approved under that title;

(B) The term “the Mayor’s maximum income levels for the local medical assistance program” means the maximum income levels prescribed for recipients of medical assistance under the District of Columbia’s medical assistance program in effect in the fiscal year ending June 30, 1967; and

(C) During any of the first 4 calendar quarters in which medical assistance is provided under such plan there shall be deemed to be no Title XIX maximum income levels in effect if the Title XIX maximum income levels in effect during such quarter are higher than the Mayor’s maximum income levels for the local medical assistance program.

(c) The District state plan required under Title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396 et seq.), shall provide that all persons in the following categories are eligible for Medicaid benefits:

(1) A pregnant woman or an infant under 1 year of age with an income up to 185% of the federal poverty line, as authorized by § 1902(a)(1) of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396a(a)(1));

(2) A child born after September 30, 1983, who has not attained the age of 8 years and whose family income is not more than 100% of the federal poverty line, as authorized by § 1902 of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396a); and

(3) A pregnant woman or a child during a presumptive eligibility period as authorized by § 1902(a) of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396a(a)).

(d)(1) For purposes of this subsection, the term:

(A) “TANF-related Medicaid recipient” means a family that has dependent children under 21 years of age in the home and whose income is not low enough to qualify for financial assistance, but is low enough to qualify for medical assistance.

(B) “Health maintenance organization” means a public or private organization, operating in the District of Columbia, which contracts with the District government to provide comprehensive health maintenance, preventive and treatment services emphasizing access to primary care for enrolled members of the plan through its own network of physicians and hospitals for a fixed prepaid premium.

(C) “Managed care provider” means either a primary care provider or a health maintenance organization.

(D) “Primary care provider” means a physician, clinic, hospital, or neighborhood health center that is responsible for providing primary care and coordinating referrals, when necessary, to other health care providers.

(E) “Restricted recipient” means a person who has been restricted to one designated primary care provider for a minimum of one year after a finding of abuse or misuse of Medicaid services by the Commission on Health Care Financing.

(2) The Mayor shall establish a plan to mandate enrollment of TANF and TANF-related Medicaid recipients in a managed care program for the purpose of providing access to comprehensive and coordinated health care in an efficient and cost effective manner. The plan shall provide the following:

(A) TANF and TANF-related Medicaid recipients shall select any health maintenance organization with a current contract with the District of Columbia to provide managed care services to TANF and TANF-related Medicaid recipients on a capitated method of payment;

(B) The Mayor shall exclude TANF and TANF-related Medicaid recipients from the managed care program who are:

(i) Residents in a nursing facility or intermediate care facility for persons with intellectual or developmental disabilities;

(ii) Repealed.

(iii) Eligible for Medicaid for a period that is less than 3 months;

(iv) Eligible for a period that is retroactive;

(v) Foster children residing outside the District of Columbia; or

(vi) Restricted recipients.

(C) The Mayor shall assign any TANF and TANF-related Medicaid recipient who does not choose a provider within a reasonable time to a health maintenance organization described in subparagraph (A) of this paragraph.

(D) Repealed.

(E) TANF and TANF-related Medicaid recipients enrolled in a managed care program shall be exempted from any additional co-payment requirements other than those imposed by the Medicaid program.

(F) The Mayor shall develop an education program to fully inform TANF and TANF-related Medicaid recipients about the various managed care programs to ensure better care for recipients while avoiding unnecessary and inappropriate use of hospital based services for preventive and primary care.

(3) In order to participate in the managed care plan, a provider must:

(A) Be a Medicaid qualified provider and be accessible to enrollees on a 24 hours per day, 7 days per week basis. The Mayor shall establish a monitoring system to ensure that recipients have 24 hours per day, 7 days per week access to their managed care providers and that treatment is provided in a timely manner; and

(B) Have a written contract with the District government which provides detailed information regarding the responsibilities of the managed care provider and the District government for providing or arranging for the provision of, and making payment for all services to which the TANF and TANF-related Medicaid recipient is entitled under the District state Medicaid plan.

(4) The Mayor shall maintain a grievance and appeal process for TANF and TANF-related Medicaid recipients enrolled in a managed care program.

(5) The Mayor shall require that managed care providers, which receive a capitated method of payment, submit adequate assurances to protect the District government against risk in case a provider becomes insolvent.

(6) To implement the requirements of this subsection the Mayor shall:

(A) Amend the District state Medicaid plan pursuant to § 4-204.05; and

(B) Seek and obtain all necessary waivers of federal Medicaid statutes, rules and regulations.

(7) The Mayor shall submit to the Council on an annual basis an assessment of the cost effectiveness of the managed care plan and its impact on the TANF and TANF-related Medicaid recipient’s access to care of adequate quality.

(e)(1) The District state plan required under Title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396 et seq.), may provide for reimbursement of chiropractic services.

(2) The Mayor may develop and implement a reimbursement methodology for chiropractic services.

(f) [Not funded].


(Dec. 27, 1967, 81 Stat. 744, Pub. L. 90-227, § 1; May 15, 1990, D.C. Law 8-124, § 2, 37 DCR 2087; Mar. 17, 1993, D.C. Law 9-247, § 2, 40 DCR 1150; Nov. 25, 1993, D.C. Law 10-65, § 101, 40 DCR 7351; Sept. 26, 1995, D.C. Law 11-52, § 501, 42 DCR 3684; Mar. 26, 1999, D.C. Law 12-175, § 102, 45 DCR 7193; Oct. 20, 1999, D.C. Law 13-38, § 2205, 46 DCR 6373; Apr. 24, 2007, D.C. Law 16-305, § 2, 53 DCR 6198; Mar. 3, 2010, D.C. Law 18-111, § 5031, 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223, § 5002, 57 DCR 6242; Sept. 14, 2011, D.C. Law 19-21, § 5042, 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 5152, 59 DCR 8025; Sept. 26, 2012, D.C. Law 19-169, § 2, 59 DCR 5567; Dec. 24, 2013, D.C. Law 20-61, § 5042, 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-155, § 5022, 61 DCR 9990; Mar. 11, 2015, D.C. Law 20-225, § 2, 62 DCR 234; Oct. 22, 2015, D.C. Law 21-36, § 5012, 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 5012, 63 DCR 10775.)

Prior Codifications

1981 Ed., § 1-359.

1973 Ed., § 1-266.

Section References

This section is referenced in § 4-204.12, § 4-204.52, § 4-204.61, § 4-801, § 7-761.02, § 7-1131.02, § 7-1811.03, § 44-631, § 44-651, § 47-1261, and § 47-1270.

Effect of Amendments

D.C. Law 13-38 rewrote subsec. (a), which previously read:

“The Mayor of the District of Columbia (hereafter in this section and § 1-360 referred to as the ‘Mayor’) may submit under Title XIX of the Social Security Act to the Secretary of Health and Human Services (hereafter in this section and § 1-360 referred to as the ‘Secretary’) a plan for medical assistance (and any modifications of such plan) to enable the District of Columbia to receive federal financial assistance under such title for a medical assistance program established by the Mayor under such plan.”

Section 2204 of D.C. Law 13-38 provided that the Mayor shall issue rules to implement the provisions of the act.

Sections 3902 and 3903 of D.C. Law 13-172 provided:

“Sec. 3902. The Medical Assistance Administration (‘MAA’) shall work closely with all District agencies and the Budget Director of the Council of the District of Columbia, in establishing Medicaid rates and Medicaid waiver programs to maximize Federal dollars as a means of reimbursement for services provided by District of Columbia agencies.

“Sec. 3903. MAA shall submit to the Council no later than 15 days after the end of each quarter a report that identifies new District agency programs that are participating in the Medicaid program and the potential savings in local funds associated with their participation.”

D.C. Law 16-305, in subsec. (d)(2)(B)(i), substituted “persons with mental retardation” for “the mentally retarded”.

D.C. Law 18-111 added subsec. (a)(3).

D.C. Law 18-223 added subsec. (a)(4).

D.C. Law 19-21 added subsec. (a)(5).

The 2012 amendment by D.C. Law 19-168 added (a)(6).

The 2012 amendment by D.C. Law 19-169 substituted “intellectual or developmental disabilities” for “mental retardation” in (d)(2)(B)(i).

The 2013 amendment by D.C. Law 20-61 added (a)(7).

The 2015 amendment by D.C. Law 20-155 added (a)(8) and (e).

The 2015 amendment by D.C. Law 20-225 would have added (f).

The 2015 amendment by D.C. Law 21-36 added (a)(9).

Cross References

Medicaid provider fraud prevention, “Medicaid program” defined, see § 4-801.

Emergency Legislation

For temporary amendment of section, see § 5 of the Public Assistance Emergency Amendment Act of 1997 (D.C. Act 12-25, February 27, 1997, 44 DCR 1778), § 5 of the Public Assistance Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-77, May 27, 1997, 44 DCR 3181), and § 5 of the Public Assistance Emergency Amendment Act of 1998 (D.C. Act 12-306, March 20, 1998, 45 DCR 1900).

For temporary amendment of section, see § 2 of the TANF and TANF-Related Medicaid Managed Care Program Emergency Amendment Act of 1997 (D.C. Act 12-197, December 2, 1997, 44 DCR 7484), § 2 of the TANF-Related Medicaid Managed Care Program Technical Clarification Emergency Amendment Act of 1998 (D.C. Act 12-605, January 20, 1999, 46 DCR 1287), § 2 of the TANF and TANF-Related Medicaid Managed Care Program Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-501, November 10, 1998, 45 DCR 8123) and § 2 of the TANF and TANF-Related Medicaid Managed Care Program Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-5, February 8, 1999, 46 DCR 2294).

For temporary (90-day) amendment of section, see §§ 2204 and 2205 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).

For temporary (90-day) directive to Medical Assistance Administration to work with District agencies and the Council Budget Director to establish rates and programs to maximize Federal reimbursement dollars and to report to the Council on new agency programs participating in Medicaid, see §§ 3902 and 3903 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see §§ 3902 and 3903 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) enactments, see §§ 5092, 5102 to 5104 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) enactments, see §§ 5092, 5102 to 5104 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) enactments, see §§ 5092, 5102 to 5104 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

For temporary (90 day) amendment of section, see § 5002 of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374).

For temporary (90 day) amendment of section, see § 5031 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 5031 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 day) amendment of section, see § 5002 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) amendment of section, see § 5012 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).

For temporary (90 day) amendment of section, see § 5152 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 5152 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 days) amendment of this section, see § 5042 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 § 5042 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).

For temporary (90 days) amendment of this section, see § 5022 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 5022 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 5022 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 5022 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 day) amendment of section, see § 501 of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).

For temporary (225 day) amendment of section, see § 5 of Public Assistance Temporary Amendment Act of 1997 (D.C. Law 12-7, August 1, 1997, law notification 44 DCR 4639).

For temporary (225 day) amendment of section, see § 2 of TANF and TANF-Related Medicaid Managed Care Program Temporary Amendment Act of 1997 (D.C. Law 12-70, April 29, 1998, law notification 45 DCR 2105).

For temporary (225 day) amendment of section, see § 5 of Public Assistance Temporary Amendment Act of 1998 (D.C. Law 12-130, July 24, 1998, law notification 45 DCR 6501).

For temporary (225 day) amendment of section, see § 2 of TANF-Related Medicaid Managed Care Program Technical Clarification Temporary Amendment Act of 1997 (D.C. Law 12-277, April 27, 1999, law notification 46 DCR 4283).

Short Title

Short title: Section 5091 of D.C. Law 16-192 provided that subtitle I of title V of the act may be cited as the “Medicaid Enrollment and Expansion Act of 2006”.

Short title: Section 5101 of D.C. Law 16-192 provided that subtitle I of title V of the act may be cited as the “Medical Assistance Administration Reporting Requirements Act of 2006”.

Short title: Section 5030 of D.C. Law 18-111 provided that subtitle D of title V of the act may be cited as the “Medical Assistance Program Amendment Act of 2009”.

Short title: Section 5001 of D.C. Law 18-223 provided that subtitle A of title IV of the act may be cited as the “Medical Assistance Program Amendment Act of 2010”.

Short title: Section 5041 of D.C. Law 19-21 provided that subtitle E of title V of the act may be cited as “Medical Assistance Program Amendment Act of 2011”.

Section 5041 of D.C. Law 20-61 provided that Subtitle E of Title V of the act may be cited as the “Medical Assistance Program Amendment Act of 2013”.

References in Text

“Title XIX of the Social Security Act,” referred to in this section, is codified as 42 U.S.C. § 1396 et seq.

Editor's Notes

Mayor authorized to issue rules: Section 3 of D.C. Law 9-247 provided that the Mayor shall issue rules necessary to implement subsection (d) of this section pursuant to subchapter I of Chapter 15 of Title 1.

Sections 5092 and 5093 of D.C. Law 16-192 provided:

“Sec. 5092. Within 30 days of the effective date of this subtitle, the Mayor shall submit Medicaid State Plan Amendments to the Council pursuant to section (1)(a) of An Act To enable the District of Columbia to receive Federal financial assistance under title XIX of the Social Security Act for a medical assistance program, and for other purposes, approved December 27, 1967 (81 Stat. 744; D.C. Official Code § 1-307.02(a)) to achieve the following:

“(1) Increase the maximum eligibility standards of the State Children’s Health Insurance Program from 200% of the Federal Poverty Guidelines to 300% of the Federal Poverty Guidelines;

“(2) Increase the maximum eligibility standards for Qualified Medicare Beneficiaries and Special Low-Income Medicare Beneficiaries to 300% of the Federal Poverty Guidelines;

“(3) Establish a comprehensive adult dental program; and

“(4) Draw down an additional $9,750,000 in presently uncaptured federal matching funds for the purpose of expanding school health services.”

“Sec. 5093. Penalties. “An agency head, deputy agency head, agency chief financial officer, agency budget director, agency controller, manager, or other employee may be subject to adverse personnel action, including removal, for not submitting the plan in accordance with this subtitle.”

Sections 5102 to 5104 of D.C. Law 16-192 provided:

“Sec. 5102. Non-Emergency Transportation Reform Report.

“The Medical Assistance Administration (’MAA’) within the Department of Health shall provide a report to the Council by October 1, 2006, on the status of its efforts to reform the Medicaid Non-Emergency Transportation (’NEMT’) Program. The report shall:

“(1) Describe MAA’s plans and proposed timelines to:

“(A) Verify that all Medicaid NEMT services are provided to clients that have been certified as medically necessary and make such certifications subject to renewal;

“(B) Institute a prior-authorization system that maintains public transportation as the default method of NEMT;

“(C) Require transportation vendors to submit documentation of services provided, including purpose of trip, pick-up location, drop-off location, and times; and

“(D) Increase MAA oversight of NEMT abnormalities and high usage; and

“(2) Quantify the potential savings from the measures described in paragraph (1) of this section.

“Sec. 5103. Out-of-state reimbursement report.

“The MAA within the Department of Health shall provide a report to the Council by October 1, 2006, on the status of its efforts to decrease payments to providers located outside the District of Columbia. The report shall:

“(1) Describe MAA’s plans and proposed timelines to:

“(A) Transition the residency of individuals in nursing facilities located outside the District to the state where the nursing facility is located; and

“(B) Implement fraud protections and increasing oversight of payments made to non-District providers for Medicaid services, including reimbursements to physicians, hospitals, nursing facilities, pharmacies, Intermediate Care Facilities for the Mentally Retarded, and day treatment centers; and

“(2) Quantify the potential savings from the measures described in paragraph (1) of this section.

“Sec. 5104. Penalties.

“An agency head, deputy agency head, agency chief financial officer, agency budget director, agency controller, manager, or other employee may be subject to adverse personnel action, including removal, for not submitting the report required by section 5102 or by 5103.”

Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.

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.

Section 3 of D.C. Law 20-225 provided:

“(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.

“(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.

“(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.

“(2) The date of publication of the notice of the certification shall not affect the applicability of this act.”

Delegation of Authority

Delegation of authority under D.C. Law 9-247, the “Medicaid Managed Care Amendment Act of 1992”, see Mayor’s Order 93-218, December 1, 1993.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

Resolutions

Resolution 14-520, the “Modification to the Medicaid Home and Community-Based Waiver for Individuals with Mental Retardation and Developmental Disabilities Emergency Approval Resolution of 2002”, was approved effective July 19, 2002.

Resolution 14-558, the “Medicaid State Plan Amendment for the Breast and Cervical Cancer Treatment Program Emergency Approval Resolution of 2002”, was approved effective September 27, 2002.

Resolution 15-295, the “Modification to the Medicaid Home and Community-based Waiver for Individuals with Mental Retardation and Developmental Disabilities Disapproval Resolution of 2003”, was approved effective November 4, 2003.

Resolution 15-784, the “Renewal of the Home and Community-based Services Waiver Governing Water Filters for Persons with HIV/AIDS Emergency Approval Resolution of 2004”, was approved effective December 7, 2004.

Resolution 16-108, the “Medicaid Home and Community-based Waiver for Persons with Mental Retardation and Developmental Disabilities Modification Governing Physical Therapy, Occupational Therapy, Speech Therapy and Skilled Nursing Services Approval Resolution of 2005”, was approved effective April 1, 2005.

Resolution 16-154, the “Use of less Restrictive Income and Resource Criteria for Selected Medicaid Populations Approval Resolution of 2005”, was approved effective May 6, 2005.

Resolution 16-205, the “Medicaid Preferred Drug List (PDL) Program for Pharmacy Services Approval Resolution of 2005”, was approved effective June 17, 2005.

Resolution 16-273, the “Medicaid State Plan Amendment to Raise the Federal Poverty Levels of Qualified Medicare Beneficiaries and Specified Low Income Medicare Beneficiaries Emergency Approval Resolution of 2005”, was approved effective July 6, 2005.

Resolution 16-281, the “Medicaid Case Mix Prescription Drugs Approval Resolution of 2005”, was approved effective July 8, 2005.

Resolution 16-282, the “Medicaid State Plan Amendment to Implement a Case Mix Nursing Facility Reimbursement System with a Ventilator Services Add-on Rate Approval Resolution of 2005”, was approved effective July 8, 2005.

Resolution 16-283, the “Medicaid State Plan Amendment and Waiver Instituting a Non-emergency Transportation Broker Delivery System Approval Resolution of 2005”, was approved effective July 22, 2005.

Resolution 16-284, the “Medicaid Acute Involuntary Admissions Payment State Plan Amendment Approval Resolution of 2005”, was approved effective July 22, 2005.

Resolution 16-285, the “Medicaid D.C. Coverage Initiative Health Insurance Flexibility and Accountability Waiver Approval Resolution of 2005”, was approved effective July 22, 2005.

Resolution 16-286, the “Medicaid State Plan Amendment Governing Liens and Adjustments or Recoveries Approval Resolution of 2005”, was approved effective August 6, 2005.

Resolution 16-296, the “Medicaid State Plan Amendment Ensuring Compliance with the Low Income Subsidy Provisions of the Medicare Modernization Act Emergency Approval Resolution of 2005”, was approved effective September 20, 2005.

Resolution 16-354, the “Demonstration Waiver for Medicaid and State Children’s Health Insurance Program Coverage for Evacuees of Hurricane Katrina Residing in the District of Columbia Emergency Approval Resolution of 2005”, was approved effective November 1, 2005.

Resolution 16-478, the “Medicaid School-Based Health Services Approval Resolution of 2006”, was approved effective January 20, 2006.

Resolution 16-580, the “Medicaid State Plan Amendment for Managed Care Compliance with the Medicare Modernization Act Emergency Approval Resolution of 2006”, was approved effective March 7, 2006.

Resolution 16-785, the “Medicaid Reserved Bed Days Payment Modification Approval Resolution of 2006”, was approved effective August 11, 2006.

Resolution 16-786, the “Medicaid Maximum Allowable Cost State Plan Amendment Approval Resolution of 2006”, was approved effective August 11, 2006.

Resolution 16-787, the “Modification to the Medicaid Disproportionate Share Hospital Payment Methodology State Plan Amendment Approval Resolution of 2006”, was approved effective August 11, 2006.

Resolution 16-875, the “Expansion of Adult Dental Services Emergency Approval Resolution of 2006”, was approved effective November 14, 2006.

Resolution 16-877, the “Determination of Eligibility for Qualified Medicare Beneficiaries Emergency Approval Resolution of 2006”, was approved effective November 14, 2006.

Resolution 16-879, the “Expansion of Allowable Income for Determination of State Child Health Insurance Program Eligibility Emergency Approval Resolution of 2006”, was approved effective November 14, 2006.

Resolution 16-958, the “Disqualification for Medicaid Long-Term Care Assistance for Individuals with Substantial Home Equity Interest Approval Resolution of 2006”, was approved effective December 15, 2006.

Resolution 16-959, the “Medicaid Elderly and Persons with Physical Disabilities Waiver Renewal Application Approval Resolution of 2006”, was approved effective December 15, 2006.


§ 1–307.02a. Minimum maintenance needs allowance for an institutionalize Medicaid beneficiary with a community spouse.

For purposes of protecting the income of the community spouse of a Medicaid beneficiary who is institutionalized, the Mayor is directed to set the minimum monthly maintenance needs allowance at the maximum level permitted under section 1924 of the Social Security Act, approved July 1, 1988 (102 Stat. 758; 42 U.S.C. § 1396r-5 ), and to amend the District of Columbia Medicaid State Plan accordingly.


(Mar. 11, 1992, D.C. Law 9-70, § 2, 39 DCR 18.)


§ 1–307.03. Medical assistance expansion program establishment.

(a) The Mayor shall establish a program to expand medical assistance to adult District residents with an annual family income up to 200% of the federal poverty level.

(1) The Mayor may provide medical assistance to eligible residents by making arrangements with managed care providers either on a fee-for-service or capitated basis.

(2) Enrollees of the program shall select a health maintenance organization with a current contract with the District to provide managed care services.

(3) The Mayor shall assign any enrollee who does not choose a provider within a reasonable period of time to the District of Columbia Health and Hospitals Public Benefit Corporation.

(4)(A) In fiscal year 2000, the Mayor may establish a pilot project to expand Medicaid coverage to not more than 2,400 adult District residents.

(B) The funding for the pilot shall be derived by amending the Disproportionate Share adjustment paid to hospitals.

(5) To implement any expansion for adult District residents with an annual family income up to 200% of the federal poverty level the Mayor shall:

(A) Seek and obtain all necessary waivers of federal Medicaid statutes, rules, and regulations; and

(B) Amend the District State Medicaid plan.

(b) The Mayor shall establish a program to provide medical assistance to undocumented children not eligible for coverage under Medicaid who reside in the District and have an annual family income up to 200% of the federal poverty level.

(1) The Mayor may provide medical assistance to eligible residents by making arrangements with managed care providers either on a fee-for-service or capitated basis.

(2) Enrollees of the program shall select a health maintenance organization with a current contract with the District to provide managed care services.

(3) The Mayor shall assign any enrollee who does not choose a provider within a reasonable period of time to the District of Columbia Health and Hospitals Public Benefit Corporation.

(4) In fiscal year 2000, the Mayor shall establish a pilot program to provide medical assistance to not more than 500 immigrant children not eligible to be covered under Medicaid.

(c) Beginning with fiscal year 2001, the Mayor may increase enrollment contingent upon the certification by the Chief Financial Officer of the availability of funding and subject to the District’s financial plan and budget.

(d) The Mayor may provide financial support to providers to register the uninsured in conformity with the financial plan and budget.

(e) Nothing in this section, § 1-307.05, or § 1-307.06 shall be deemed to create or constitute an entitlement or right to medical coverage.


(Oct. 20, 1999, D.C. Law 13-38, § 2202, 46 DCR 6373; Oct. 19, 2000, D.C. Law 13-172, § 4802(a), 47 DCR 6308; Mar. 3, 2010, D.C. Law 18-111, § 7009, 57 DCR 181.)

Prior Codifications

1981 Ed., § 1-360.1.

Section References

This section is referenced in § 1-307.06.

Effect of Amendments

D.C. Law 13-172, in subsec. (b)(4), substituted “immigrant” for “undocumented”.

Sections 3902 and 3903 of D.C. Law 13-172 provided:

“Sec. 3902. The Medical Assistance Administration (‘MAA’) shall work closely with all District agencies and the Budget Director of the Council of the District of Columbia, in establishing Medicaid rates and Medicaid waiver programs to maximize Federal dollars as a means of reimbursement for services provided by District of Columbia agencies.

“Sec. 3903. MAA shall submit to the Council no later than 15 days after the end of each quarter a report that identifies new District agency programs that are participating in the Medicaid program and the potential savings in local funds associated with their participation.”

D.C. Law 18-111, in subsec. (e), deleted the first sentence which read: “This section, § 1-307.05, and § 1-307.06 are subject to the availability of appropriations.”

Emergency Legislation

For temporary (90-day) addition of section, see § 902 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

For temporary (90-day) directive to Medical Assistance Administration to work with District agencies and the Council Budget Director to establish rates and programs to maximize Federal reimbursement dollars and to report to the Council on new agency programs participating in Medicaid, see §§ 3902 and 3903 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see §§ 3902, 3903, and 4802 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) amendment of section, see § 7009 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 7009 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Short Title

Section 2201 of D.C. Law 13-38 provided: “This title may be cited as the ‘Medical Assistance Expansion Program Act of 1999’.”

Editor's Notes

Short title: Section 5051 of D.C. Law 17-219 provided that subtitle T of title V of the act may be cited as the “Medicaid Fee-For-Service State Plan Amendment Act of 2008”.

Section 5052 of D.C. Law 17-219 provided: “By October 1, 2008, the Mayor shall submit to the Council a Medicaid state plan amendment that will increase the specialty physician and primary care physician reimbursement rates under the District Medicaid fee-for-service program to match the specialty physician and primary care physician reimbursement rates under the federal Medicare program.”


§ 1–307.04. Supplementary medical insurance program.

The Mayor may enter into an agreement (and any modifications of such agreement) with the Secretary under § 1843 of the Social Security Act pursuant to which:

(1) Eligible individuals (as defined in § 1836 of the Social Security Act) who are eligible to receive medical assistance under the District of Columbia’s plan for medical assistance approved under Title XIX of the Social Security Act will be enrolled in the supplementary medical insurance program established under part B of Title XVIII of the Social Security Act; and

(2) Provisions will be made for payment of the monthly premiums of such individuals for such program.


(Dec. 27, 1967, 81 Stat. 745, Pub. L. 90-227, § 2.)

Prior Codifications

1981 Ed., § 1-360.

1973 Ed., § 1-267.

References in Text

Section 1843 of the Social Security Act, referred to in the introductory language, is set out as § 1395v of Title 42 of the United States Code.

Title XIX of the Social Security Act, referred to in (1), is set out as 42 U.S.C. § 1396 et seq.

Section 1836 of the Social Security Act, referred to in (1), is set out in § 1395o of Title 42 of the United States Code.

Part B of Title XVIII of the Social Security Act, referred to in (1), is set out as §§ 1395j to 1395w-4 of Title 42 of the United States Code.

Editor's Notes

Private Attorney Contract Authorization: Title XIII of D.C. Law 12-175 authorized the District of Columbia to enter into contingent fee contracts for private attorney services in bringing Medicaid reimbursement litigation.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 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).


§ 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).


Part B. Free Clinic Liability Indemnification Assistance Program.

§ 1–307.21. Definitions. [Expired]

Expired.


(Sept. 23, 1986, D.C. Law 6-155, § 2, 33 DCR 4809; Aug. 17, 1991, D.C. Law 9-41, § 2(a), (b), 38 DCR 4979; Mar. 2, 2007, D.C. Law 16-192, § 2182(a), 53 DCR 6899.)

Prior Codifications

1981 Ed., § 1-308.1.

Section References

This section is referenced in § 7-402.

Cross References

Health care professional volunteer assistance protection, see § 7-402.

Expiration of Law

Expiration of Law 6-155

Section 7(b) of D.C. Law 6-155, as amended by § 2 of the Free Clinic Assistance Program Act of 1986 Amendment Emergency Act of 1988 (D.C. Act 7-203, June 30, 1988, 35 DCR 5439), § 2 of D.C. Law 7-172, § 2 of D.C. Law 7-223, § 4 of the Residential Property Tax Relief Act of 1977 Application Deadline and Free Clinic Assistance Program Act of 1986 Extension Emergency Amendment Act of 1991 (D.C. Act 9-83, September 13, 1991, 38 DCR 6021), § 4 of D.C. Law 9-53, § 3 of D.C. Law 9-65, and by § 2 of D.C. Law 11-175 provided that the act shall expire 15 years from the day it became effective. D.C. Law 6-155 became effective September 23, 1986.

Emergency Legislation

For temporary extension of the Free Clinic Assistance Program Act of 1986 (D.C. Law 6-155) through the year 2001, see § 2 of the Free Clinic Assistance Program Extension Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-486, January 2, 1997, 44 DCR 632), and § 2 of the Free Clinic Assistance Program Extension Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-38, March 31, 1997, 44 DCR 2042).

For temporary (90 day) extension of the Free Clinic Assistance Program of 1986 (D.C. Law 6-155) until September 23, 2004, see § 2 of Free Clinic Assistance Program Extension Emergency Amendment Act of 2001 (D.C. Act 14-110, August 3, 2001, 48 DCR 7634), and § 2 of Free Clinic Assistance Program Extension Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-139, October 23, 2001, 48 DCR 9930).

For temporary (90 day) extension of program, see § 2(b) 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) extension of program, see § 2(b) of Free Clinic Assistance Program Extension Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-477, October 3, 2002, 49 DCR 9572).

For temporary (90 day) amendment of section, see § 2182(a) 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(a) 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(a) 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

For temporary (225 day) extension of program, see § 2 of Free Clinic Assistance Program Extension Temporary Amendment Act of 2001 (D.C. Law 14-54, December 6, 2001, law notification 49 DCR 355).

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.

Short Title

Short title: Section 2181 of D.C. Law 16-192 provided that subtitle O of title II of the act may be cited as the “Free Clinic Assistance Program Coverage Amendment Act of 2006”.

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.”


§ 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.”


§ 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.”


§ 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.”


§ 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.


§ 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.”


§ 1–307.26. Expiration date. [Expired]

Expired.


(Sept. 23, 1986, D.C. Law 6-155, § 7(b); Oct. 17, 2002, D.C. Law 14-196, § 2(b), 49 DCR 7640; Apr. 8, 2005, D.C. Law 15-298, § 2(b), 52 DCR 1488.)

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).

For temporary (90 day) amendment of section, see § 2 of Free Clinic Assistance Program Extension Emergency Amendment Act of 2004 (D.C. Act 15-484, July 19, 2004, 51 DCR 7838).

For temporary (90 day) amendment of section, see § 2 of Free Clinic Assistance Program Extension Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-556, October 26, 2004, 51 DCR 10370).

For temporary (90 day) amendment of section, see § 2 of Free Clinic assistance Program Extension Emergency Amendment Act of 2007 (D.C. Act 17-79, July 26, 2007, 54 DCR 7634).

For temporary (90 day) amendment of section, see § 2 of Free Clinic Assistance Program Extension Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-233, December 27, 2007, 55 DCR 236).

Temporary Legislation

Section 2 of D.C. Law 17-50 substituted “the earlier of October 1, 2008, or the date that a captive insurance company, to be formed at the direction of the Department of Insurance, Securities, and Banking, certifies to the Mayor and the Council that it will offer medical liability insurance to free clinics” for “October 1, 2007”.

Section 4(b) of D.C. Law 17-50 provided that the act shall expire after 225 days of its having taken effect.

For temporary (225 day) addition, see § 2 of Free Clinic Assistance Program Extension Temporary Amendment Act of 2004 (D.C. Law 15-210, December 7, 2004, law notification 52 DCR 454).

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

Section 2 of D.C. Law 17-50 provided that this part shall expire the earlier of October 1, 2008, or the date that a captive insurance company, to be formed at the direction of the Department of Insurance, Securities, and Banking, certifies to the Mayor and the Council that it will offer medical liability insurance to free clinics. Sections 1-307.21 to 1-307.26 expired on June 6, 2008, upon the expiration of D.C. Law 17-50.

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.”


Part C. Medical Benefits Protection.

§ 1–307.41. Insurer obligations.

(a) No insurer may deny coverage or withhold payments under its plan for any enrollee, subscriber, policyholder, or certificateholder on the basis that such enrollee, subscriber, policyholder, or certificateholder is eligible for Medicaid pursuant to a Medicaid state plan adopted by the District of Columbia or any other jurisdiction pursuant to § 1902 of the Social Security Act (79 Stat. 344; 42 U.S.C. § 1396a).

(b) No insurer may deny enrollment of a child under the health plan of the child’s parent on the grounds that:

(1) The child was born out of wedlock;

(2) The child is not claimed as a dependent on the parent’s federal income tax return; or

(3) The child does not reside with the parent or in the insurer’s service area.

(c) Where a child has health coverage through an insurer of a noncustodial parent, the insurer shall:

(1) Provide such information to the custodial parent as may be necessary to obtain benefits through such coverage, including the information required under § 46-251.05(a).

(2) Permit the custodial parent (or the provider, with the custodial parent’s approval) to submit claims for covered services without the approval of the noncustodial parent; and

(3) Make payments on claims submitted in accordance with paragraph (2) of this subsection directly to the custodial parent, the provider, or the District of Columbia Medicaid agency.

(d) Where a parent is required by a court or administrative order to provide health coverage for a child, and the parent is eligible for family health coverage, the insurer shall:

(1) Permit the parent to enroll, under the family coverage, a child who is otherwise eligible for the coverage without regard to any enrollment season restrictions;

(2) Enroll the child under family coverage upon application by the child’s other parent, or by the District of Columbia agency administering either the Medicaid program or the child support enforcement program pursuant to Title IV-D of the Social Security Act (88 Stat. 2351; 42 U.S.C. §§ 652 through 669), if the employed parent is enrolled but fails to make application to obtain coverage of the child;

(2A) Enroll the child and the employed parent under family coverage upon application by the child’s other parent, or by the District of Columbia agency administering either the Medicaid program or the child support enforcement program pursuant to Part D of Title IV of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. § 651 et seq.), if the employed parent is not enrolled and the health insurance plan requires the employed parent’s enrollment for the child to be eligible; and

(3) Not disenroll (or eliminate coverage of) the child unless the insurer is provided satisfactory written evidence that:

(A) The court or administrative order is no longer in effect; or

(B) The child is or will be enrolled in comparable health coverage through another insurer which will take effect not later than the effective date of disenrollment.

(e) As a condition of doing business in the District:

(1) An insurer shall not impose requirements on a District of Columbia agency that has been assigned the rights of an individual eligible for medical assistance under the District State Medicaid Plan and covered for health benefits from the insurer that are different from requirements applicable to an agent or assignee of any other individual so covered.

(2) An insurer shall:

(A) Accept the District’s right of recovery and the assignment to the District of any right of an individual or other entity to payment from the insurer for an item or service for which payment has been made under the District State Medicaid Plan;

(B) Respond to any inquiry by the District, or its agent, regarding a claim for payment for a health care item or service that the District submits within 3 years after the date that the health-care item or service was provided;

(C) Not deny a claim submitted by the District because of the date of submission of the claim, the type or format of the claim form, or for failure to present proper documentation at the point-of-sale that is the basis of the claim; provided, that the District:

(i) Submits the claim within the 3-year period beginning on the date of which the item or service was furnished; and

(ii) Commences an action to enforce its right with respect to the claim within 6 years of submitting the claim; and

(D) Upon the request of the Mayor, in a manner prescribed by the Mayor, provide coverage, eligibility, and paid claims data to the District, or its agent, to determine the period that individuals who received, or were eligible for, health care assistance were, or could have been, covered by an insurer and the nature of the coverage that is being, or was, provided by the health insurer. The data to be provided shall include:

(i) Each individual’s:

(I) Name;

(II) Address; and

(III) Plan identification number; and

(ii) Any other information prescribed by the Mayor.

(f) For the purposes of this section, the term “insurer” includes a self-insured plan, a group health plan, as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, approved April 7, 1986 (100 Stat. 231; 29 U.S.C. § 1167(1)), a service benefit plan, a managed care organization, a pharmacy benefit manager, or other party that is, by statute, contract, or agreement, legally responsible for payment of a claim for all or part of a health-care item or service.


(Mar. 14, 1995, D.C. Law 10-202, § 2, 41 DCR 7704; Mar. 30, 2004, D.C. Law 15-130, § 201(a), 51 DCR 1615; Mar. 25, 2009, D.C. Law 17-353, § 304, 56 DCR 1117; Sept. 24, 2010, D.C. Law 18-223, § 5102, 57 DCR 6242.)

Prior Codifications

1981 Ed., § 1-359.1.

Section References

This section is referenced in § 46-205 and § 46-251.10.

Effect of Amendments

D.C. Law 15-130, in subsec. (c)(1), deleted “for the child” following “may be necessary”, and inserted “, including the information required under § 46-251.05(a)”; and, in subsec. (d), deleted “and” from the end of par. (2), and added par. (2A).

D.C. Law 17-353, in subsec. (f), substituted “member insurer” for “hospital and medical service plan”.

D.C. Law 18-223 rewrote subsecs. (e) and (f), which had read as follows:

“(e) An insurer may not impose requirements on a District of Columbia agency, which has been assigned the rights of an individual eligible for medical assistance under Medicaid and covered for health benefits from the insurer, that are different from requirements applicable to an agent or assignee of any other individual so covered.

“(f) For purposes of this section, the term “insurer” includes a group health plan, as defined in section 607(1) of the Employee Retirement Income Security Act of 1974 (100 Stat. 231; 29 U.S.C. § 1167(1)), a public or private organization which is a qualifying health maintenance organization under federal regulations, or a member insurer as defined in § 31-5401(8).”

Emergency Legislation

For temporary (90 day) amendment of section, see § 201(a) of Medical Support Establishment and Enforcement Emergency Amendment Act of 2002 (D.C. Act 14-485, October 3, 2002, 49 DCR 9631).

For temporary (90 day) amendment of section, see § 201(a) of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-600, January 7, 2003, 50 DCR 664).

For temporary (90 day) amendment of section, see § 201(a) of Medical Support Establishment and Enforcement Emergency Amendment Act of 2003 (D.C. Act 15-208, October 24, 2003, 50 DCR 9856).

For temporary (90 day) amendment of section, see § 201(a) of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-330, January 28, 2004, 51 DCR 1603).

For temporary (90 day) amendment of section, see § 1002 of Fiscal Year 2010 Balanced Budget Support Emergency Act of 2010 (D.C. Act 18-450, June 28, 2010, 57 DCR 5635).

For temporary (90 day) amendment of section, see § 1002 of Fiscal Year 2010 Balanced Budget Support Congressional Review Emergency Act of 2010 (D.C. Act 18-531, August 6, 2010, 57 DCR 8109).

For temporary (90 day) amendment of section, see § 5102 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Temporary Legislation

For temporary (225 day) amendment of section, see § 201(a) of Medical Support Establishment and Enforcement Temporary Amendment Act of 2002 (D.C. Law 14-238, March 25, 2003, law notification 50 DCR 2751).

For temporary (225 day) amendment of section, see § 201(a) of Medical Support Establishment and Enforcement Temporary Amendment Act of 2003 (D.C. Law 15-84, March 10, 2004, law notification 51 DCR 3376).

Section 1002 of D.C. Law 18-222 rewrote subsecs. (e) and (f) to read as follows:

“(e) As a condition of doing business in the District:

“(1) An insurer shall not impose requirements on a District of Columbia agency that has been assigned the rights of an individual eligible for medical assistance under the District State Medicaid Plan and covered for health benefits from the insurer that are different from requirements applicable to an agent or assignee of any other individual so covered; and

“(2) An insurer shall:

“(A) Accept the District’s right of recovery and the assignment to the District of any right of an individual or other entity to payment from the insurer for an item or service for which payment has been made under the District State Medicaid Plan;

“(B) Respond to any inquiry by the District, or its agent, regarding a claim for payment for a health care item or service that the District submits within 3 years after the date that the health care item or service was provided; and

“(C) Not deny a claim submitted by the District because of the date of submission of the claim, the type or format of the claim form, or for failure to present proper documentation at the point-of-sale that is the basis of the claim; provided, that:

“(i) The District submits the claim within the 3-year period beginning on the date of which the item or service was furnished; and

“(ii) The District commences an action to enforce its right with respect to the claim within 6 years of submitting the claim; and

“(D) Upon the request of the Mayor, in a manner prescribed by the Mayor, provide coverage, eligibility, and paid claims data to the District, or its agent, to determine the period that individuals who received, or were eligible for, health care assistance were, or could have been, covered by an insurer and the nature of the coverage that is being, or was, provided by the health insurer. The data to be provided shall include:

“(i) Each individual’s:

“(I) Name;

“(II) Address; and

“(III) Plan identification number; and

“(ii) Any other information prescribed by the Mayor.”.

“(f) For the purposes of this section, the term “insurer” includes a self-insured plan, a group health plan, as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, approved April 7, 1986 (100 Stat. 231; 29 U.S.C. 1167(1)), a service benefit plan, a managed care organization, a pharmacy benefit manager, or other party that is, by statute, contract, or agreement, legally responsible for payment of a claim for all or part of a health care item or service.”.

Section 2002(b) of D.C. Law 18-222 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title: Section 5101 of D.C. Law 18-223 provided that subtitle K of title V of the act may be cited as the “Medicaid Benefits Protection Amendment Act of 2010”.


§ 1–307.42. Employer obligations.

Where a parent is required by a court or administrative order to provide health coverage, which is available through the parent’s employer, the employer shall:

(1) Permit the parent to enroll under family coverage any child who is otherwise eligible for coverage without regard to any enrollment restrictions;

(2) Enroll the child under family coverage upon application by the child’s other parent, or by the District of Columbia agency administering either the Medicaid program or the child support enforcement program pursuant to Title IV-D of the Social Security Act (88 Stat. 2351; 42 U.S.C. § 651 through 669), if the parent is enrolled but fails to make application to obtain coverage of the child;

(2A) Enroll the child and the employed parent under family coverage upon application by the child’s other parent, or by the District of Columbia agency administering either the Medicaid program or the child support enforcement program pursuant to Part D of Title IV of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. § 651 et seq.), if the employed parent is not enrolled and the health insurance plan requires the employed parent’s enrollment for the child to be eligible;

(3) Not disenroll or eliminate coverage of any such child unless the employer is provided satisfactory written evidence that:

(A) The court order is no longer in effect;

(B) The child is or will be enrolled in comparable coverage which will take effect no later than the effective date of disenrollment;

(C) The employer has eliminated family health coverage for all its employees; or

(D) The employer no longer employs the parent and the parent has not elected to continue coverage through a plan offered by the employer for post-employment health insurance coverage for dependents;

(4) Subject to §§ 46-251.07 and 46-251.08, withhold from the employee’s compensation the employee’s share (if any) of premiums for health coverage and to pay this amount to the insurer, except that the maximum amount so withheld may not exceed the maximum amount to be withheld under § 303(b) of the Consumer Credit Protection Act (82 Stat. 163; 15 U.S.C. § 1673(b));

(5) Upon receipt of a court or administrative order that has directed the parent to provide health insurance coverage for the child, provide the insurer with the order for health insurance coverage and inform the insurer that the order operates to enroll the child in the coverage; and

(6) Upon receipt of a medical support notice issued by the IV-D agency under § 46-251.02, comply with the provisions of §§ 46-251.04, 46-251.07, and 46-251.08.


(Mar. 14, 1995, D.C. Law 10-202, § 3, 41 DCR 7704; Apr. 3, 2001, D.C. Law 13-269, § 102, 48 DCR 1270; Mar. 30, 2004, D.C. Law 15-130, § 201(b), 51 DCR 1615.)

Prior Codifications

1981 Ed., § 1-359.2.

Section References

This section is referenced in § 46-205, § 46-251.03, and § 46-251.10.

Effect of Amendments

D.C. Law 13-269, in par. 3(C), deleted “and” at the end; in par. (4), substituted “; and” for a period at the end; and added par. (5).

D.C. Law 15-130, added pars. (2A), (3)(D), and (6); in par. (3), deleted “or” from the end of subpar. (B), and added “or” to the end of subpar. (C); in par. (4), substituted “Subject to §§ 46-251.07 and 46-251.08, withhold” for “Withhold”; and rewrote par. (5) which had read:

“(5) Inform the health insurance provider, upon receipt of notice indicating that a court or administrative order has directed the parent to provide health insurance coverage for the child, that receipt of the notice by the employer operates to enroll the child in the health insurance plan, unless the parent contests the notice in accordance with rules adopted by the Mayor or the Superior Court.”

Emergency Legislation

For temporary amendment of section, see § 2 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114), § 2 of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 2 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 2 of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, November 2, 1998, 45 DCR 8495), and § 2 of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) amendment of section, see § 102 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 102 of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 102 of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 102 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 102 of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 201(b) of Medical Support Establishment and Enforcement Emergency Amendment Act of 2002 (D.C. Act 14-485, October 3, 2002, 49 DCR 9631).

For temporary (90 day) amendment of section, see § 201(b) of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-600, January 7, 2003, 50 DCR 664).

For temporary (90 day) amendment of section, see § 201(b) of Medical Support Establishment and Enforcement Emergency Amendment Act of 2003 (D.C. Act 15-208, October 24, 2003, 50 DCR 9856).

For temporary (90 day) amendment of section, see § 201(b) of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-330, January 28, 2004, 51 DCR 1602).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).

For temporary (225 day) amendment of section, see § 2 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 102 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 102 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

For temporary (225 day) amendment of section, see § 201(b) of Medical Support Establishment and Enforcement Temporary Amendment Act of 2002 (D.C. Law 14-238, March 25, 2003, law notification 50 DCR 2751).

For temporary (225 day) amendment of section, see § 201(b) of Medical Support Establishment and Enforcement Temporary Amendment Act of 2003 (D.C. Law 15-84, March 10, 2004, law notification 51 DCR 3376).


§ 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.


Part D. Opportunity Accounts.

§ 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.

(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.)

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).


§ 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.


§ 1–307.63. Solicitation and consideration of proposals by organizations to administer opportunity account programs.

(a) The Mayor shall solicit proposals from private organizations to administer opportunity accounts on a nonprofit basis. Organization proposals shall include:

(1) A description of the qualifications of the organization to administer an opportunity accounts program;

(2) A description of the ability and plans of the organization to provide or raise sufficient funds to provide matching contributions for opportunity accounts;

(3) A description of the ability of the organization to maintain sufficient funds to administer an opportunity account program;

(4) A description of groups to be targeted for priority participation in the opportunity account program;

(5) A process for including account holders in decision-making regarding the implementation of the opportunity account program;

(6) A requirement that an account holder contribute funds from earned income;

(7) A requirement that the account holder attend economic literacy courses of the administering organization or a partner organization;

(8) A requirement that the account holder be provided adequate information on the requirements of the opportunity account program and this part and the purposes for which opportunity account and matching fund account funds may be used;

(9) A process for offering or making available courses or training on the use of funds for an approved purpose, such as a home purchase or the establishment of a business;

(10) A process for regular evaluation and review of opportunity accounts to ensure compliance with this part, District of Columbia regulations, and program rules by account holders and a process for counseling account holders who are not in compliance;

(11) A system for preventing withdrawal of matching funds for a purpose other than an approved purpose by maintaining the matching funds in a matching funds account separate from the opportunity account; and

(12) Other information as may be required by the Mayor.

(b) In reviewing proposals of organizations to administer opportunity accounts, the Mayor shall consider the following factors:

(1) Whether the organization is exempt from taxation under section 501(c)(3) of the Internal Code of 1986, approved October 22, 1986 (68A Stat. 163; 26 U.S.C. § 501(c)(3));

(2) The administrative and technical ability of the organization to administer an opportunity account program;

(3) The fiscal accountability of the organization;

(4) The ability of the organization to provide or raise money for matching contributions;

(5) The ability of the organization to establish and administer an opportunity account reserve fund to receive contributions from opportunity account program contributors;

(6) The amount and quality of proposed auxiliary services, including economic literacy seminars and asset training;

(7) The staffing that the organization will assign to the opportunity account program;

(8) The record of the organization in administering other public assistance programs; and

(9) Any other factors the Mayor considers relevant to the determination of the ability of the organization to create and operate an opportunity account program efficiently and effectively.


(Apr. 3, 2001, D.C. Law 13-266, § 4, 48 DCR 1240; June 12, 2003, D.C. Law 14-310, § 2(a), 50 DCR 1092.)

Effect of Amendments

D.C. Law 14-310, in subsec. (b), validated a previously made technical correction.


§ 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.)


§ 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.”


§ 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.)


§ 1–307.67. Matching funds and return of matching funds; tax exemption.

(a) The administering organization shall deposit into a matching funds account for the account holder matching funds of at least $2 for every dollar that the account holder deposits into the account.

(b) Subject to annual available appropriations, the District of Columbia shall provide to an administering organization matching funds of $2, to be deposited into the matching funds account for the account holder, for every dollar that the account holder deposits into the opportunity account; provided that:

(1) The District of Columbia shall not provide matching funds for the account unless the administering organization provides matching funds in at least the same amount; and

(2) The District of Columbia shall provide no more than $3,000 in the aggregate in matching funds per account.

(c) There shall be no limit on federal or private matching funds made available to an account holder.

(d) Subject to annual available appropriations, matching funds deposited into a matching funds account or withdrawn by an account holder from a matching funds account shall be exempt from taxation under District of Columbia law; provided, that any money withdrawn from a matching funds account by an account holder for an unapproved use shall be taxed as income to the account holder, unless the funds are reinstated in accordance with § 1-307.68(d).

(e) The administering organization shall deposit matching funds in an account separate from the opportunity account. The separate account may be the opportunity account reserve fund account.

(f) Except for matching funds used for an approved purpose under § 1-307.68(a) before 10 years after the establishment of the opportunity 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 10 years after the establishment of the opportunity account.


(Apr. 3, 2001, D.C. Law 13-266, § 8, 48 DCR 1240; June 19, 2001, D.C. Law 13-313, § 26(a), (b), 48 DCR 1873; Oct. 26, 2001, D.C. Law 14-42, § 17, 48 DCR 7612; Mar. 3, 2010, D.C. Law 18-111, § 7036, 57 DCR 181.)

Effect of Amendments

D.C. Law 14-42 validated a previously made technical correction in subsec. (d).

D.C. Law 13-313, rewrote subsec. (d); and, in subsec. (f), substituted “Except for matching funds used for an approved purpose under § 1-307.68(a) before 10 years after the establishment of the opportunity account,” for “Except for matching funds used to purchase a federally qualified individual retirement account as permitted under § 1-307.68(a)(8)”. Prior to amendment, subsec. (d) read:

“(d) Subject to appropriations, matching funds deposited into a matching funds account or withdrawn by an account holder from a matching funds account shall be exempt from taxation under District of Columbia law; provided, that:

“(1) Interest earned on the matching funds shall not be exempt from taxation; and

“(2) Any money withdrawn from a matching funds account for an unapproved use shall be taxed as income unless it is reinstated in the account as provided in section 9(d).”

D.C. Law 18-111, in subsecs. (b) and (d), substituted “Subject to annual available appropriations” for “Subject to appropriations”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 17 of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3, 2001, 48 DCR 7622).

For temporary (90 day) amendment of section, see § 7036 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 7036 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).


§ 1–307.68. Use of opportunity account funds.

(a) An account holder may withdraw his or her opportunity account funds or matching funds for any of the following purposes, if approved by the administering organization:

(1) To pay educational costs for the account holder or a spouse, domestic partner, father, mother, child, or dependent of the account holder at an accredited institution of higher education;

(2) To pay job training costs for the account holder or a spouse, domestic partner, father, mother, child, or dependent of the account holder at an accredited or licensed training program;

(3) To purchase a primary residence;

(4) To pay for major repairs or improvements to a primary residence;

(5) To fund start-up costs of a business for the account holder or a spouse, domestic partner, father, mother, child, or dependent of the account holder;

(6) To pay for costs associated with a medical emergency, to the extent that those costs are not covered by insurance;

(7) To pay for costs and expenses incurred during retirement;

(8) To purchase a federally qualified individual retirement account if such purchase takes place not earlier than 5 years after the establishment of the opportunity account.

(b) If an account holder withdraws opportunity account funds or matching funds for a purpose not allowed by this part: (1) the account holder shall lose his or her matching funds and the matching funds shall be returned to the District of Columbia and administering organization in the same amounts as the matching funds were provided; (2) the account holder shall be removed from the opportunity account program; and (3) all funds deposited by the account holder into the opportunity account shall be returned to the account holder. The Mayor may establish, by rule, an opportunity for an account holder to reinstate funds to his or her opportunity account or matching funds account after an unlawful withdrawal before the penalties in this subsection shall take effect.


(Apr. 3, 2001, D.C. Law 13-266, § 9, 48 DCR 1240; June 19, 2001, D.C. Law 13-313, § 26(c), (d), 48 DCR 1873.)

Section References

This section is referenced in § 1-307.67.

Effect of Amendments

D.C. Law 13-313, in subsec. (a)(2), deleted “who is at least 18 years of age” following “account holder”; and, in subsec. (a)(5), deleted “who is at least 18 years of age or older” following “account holder”.


§ 1–307.69. Emergency withdrawal.

(a) An account holder may make an emergency withdrawal of his or her opportunity account funds in accordance with this section.

(b) An account holder may make an emergency withdrawal for:

(1) Paying the costs of medical care or the expenses necessary to obtain medical care for the account holder or a spouse, domestic partner, father, mother, child, or dependent of the account holder;

(2) Making a payment necessary to prevent the eviction of the account holder from the primary residence of the account holder or to prevent foreclosure on a mortgage for the primary residence of the account holder; or

(3) Making payments necessary to enable the account holder to meet necessary living expenses following loss of employment.

(c) An account holder making an emergency withdrawal shall only withdraw funds deposited by the account holder and shall not withdraw matching funds;

(d) An emergency withdrawal shall not be made unless authorized by an administering organization on a case-by-case basis.

(e) An account holder shall deposit funds into the opportunity account in the same amount as the funds withdrawn from the account for the emergency withdrawal no later than 12 months after the date of the withdrawal. If the account holder fails to make the deposit:

(1) The account holder shall lose his or her matching funds and the matching funds shall be returned to the District of Columbia and administering organization in the same amounts as the matching funds were provided;

(2) The account holder shall be removed from the opportunity account program; and

(3) All funds deposited by the account holder into the opportunity account shall be returned to the account holder.


(Apr. 3, 2001, D.C. Law 13-266, § 10, 48 DCR 1240.)


§ 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.)


§ 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.)


§ 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.)


§ 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.)


§ 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.)


Part D-i. Captive Insurance Agencies.

§ 1–307.81. Definitions.

For the purposes of this part, the term:

(1) “Advisory Council” means the advisory council established by § 1-307.85.

(2) “Agency” means the Captive Insurance Agency.

(2A) “Act of terrorism” shall have the same meaning as provided in § 22-3152(1).

(3) “Captive manager” means the person appointed by the Risk Officer pursuant to § 1-307.84(b) to run the day-to-day affairs of the Agency.

(4) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.

(4A) “District real property asset” means improved real property owned by the District and includes all structures of a permanent character erected on or affixed to the property.

(5) “Fund” or “Captive Trust Fund” means the Captive Trust Fund established under § 1-307.91.

(6) “Federally qualified health center” shall have the same meaning as provided in section 1861(aa)(4) of the Social Security Act, approved August 14, 1935 (79 Stat. 313; 42 U.S.C. § 1395x(aa)(4)).

(7) “Gap coverage” means coverage for medical malpractice risks of the District’s Federally Qualified Health Centers not covered through the Federal Tort Claims Act, approved August 2, 1946 (60 Stat. 847; 15 U.S.C. § 41 et seq.).

(8) “Health center” means a health center or service that:

(A) Has obtained all licenses, permits, and certificates of occupancy or need that are required as a precondition to lawful operation in the District;

(B) Is a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(3));

(C) Is certified by the Commissioner to meet the requirements of this part; and

(D) Accepts and provides services to individuals regardless of ability to pay; provided, that a health center may accept payment from:

(i) Health insurance providers for services rendered, if a patient has such insurance coverage and consents in writing to the filing of a claim for benefits to which the patient is eligible; and

(ii) Patients on a sliding fee scale.

(8A) “Medical malpractice” means professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error.

(9) “Operational” means that the Council has approved insurance policies for the health centers covered under part B of this subchapter.

(9A) “Property insurance” means an insurance policy that protects against most risks to property such as earthquakes, floods, acts of terrorism, fires, boiler or machinery failures, business interruptions, pollution, fidelity, builders risk, debris removal, and weather damage.

(10) “Risk Officer” means the Chief Risk Officer, established by Reorganization Plan No. 1 of 2003, effective December 15, 2003 [D.C. Official Code, subchapter XVIII, Chapter 15, Title 1].

(11) “Tail coverage” means liability insurance purchased by an insured to extend the insurance coverage beyond the end of the policy period of a liability policy written on a claims-made basis.

(12) “Volunteer service provider” means any person licensed to practice in the District who provides health-care, rehabilitative, social, or related administrative services:

(A) At a health center;

(B) To or with respect to a patient of the health center; and

(C) Without receiving payment from the District government for the performance of those services.


(July 18, 2008, D.C. Law 17-196, § 2, 55 DCR 6261; Dec. 24, 2013, D.C. Law 20-61, § 1032(a), 60 DCR 12472.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-61 substituted “Captive Insurance Agency” for “District of Columbia Medical Liability Captive Insurance Agency” in (2); substituted “Captive” for “Medical Liability Captive” twice in (5); and added (2A), (4A), (8A), and (9A).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(a) 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(a) 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(a) 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(a) 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(a) 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.


§ 1–307.82. Establishment of the Captive Insurance Agency.

(a) There is established, as a subordinate agency, the Captive Insurance Agency.

(b) The purpose of the Agency is to:

(1) Provide medical malpractice liability insurance policies for health centers, including coverage for the staff, contractors, and volunteer service providers for the services provided at the health centers; and

(2) Provide insurance for District real property assets and District personal property assets.

(c) The liability of the Agency for medical malpractice liability, property insurance policies, and any other policies provided for pursuant to this part shall be limited to the funds in the Captive Trust Fund.


(July 18, 2008, D.C. Law 17-196, § 3, 55 DCR 6261; Dec. 24, 2013, D.C. Law 20-61, § 1032(b), 60 DCR 12472; Oct. 8, 2016, D.C. Law 21-160, § 1032(a), 63 DCR 10775.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-61 rewrote the section.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(b) 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(b) 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(b) 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(b) 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(b) 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.


§ 1–307.83. Authority of the Agency.

(a) The Agency shall have the authority to:

(1) Exercise procurement authority as is necessary or proper to carry out the provisions and purposes of this part, including contract oversight and contracting with:

(A) Other insurance companies, captives, risk pools, re-insurers, and other similar entities;

(B) Similar captives of other states, municipalities, or counties for the joint performance of common administrative functions; and

(C) Persons or other entities for the performance of organizational, management, or administrative functions;

(2) Take such action as necessary:

(A) To avoid the payment of improper claims against the Agency or the coverage provided by or through the Agency;

(B) To recover any amounts erroneously or improperly paid by the Agency;

(C) To recover any amounts paid by the Agency as a result of mistake of fact or law; or

(D) To recover or collect premiums or other amounts due the Agency;

(3) Establish and modify rates, rate schedules, rate adjustments, expense allowances, claim reserve formulas, and any other actuarial function appropriate to the operation of the Agency; provided, that adjustments to rates and rate schedules shall take into consideration appropriate factors in accordance with established actuarial and underwriting practices;

(4) Issue policies of medical malpractice insurance, including tail coverage, in accordance with the requirements of the plan of operation under § 1-307.87;

(4A) Obtain and issue policies of insurance, in accordance with the requirements of the plan of operation under § 1-307.87;

(5) Appoint appropriate legal, actuarial, audit, and other committees as necessary to provide technical assistance in the operation of the Agency, policy and other contract design, and any other function within the authority of the Agency;

(6) Employ and fix the compensation of employees;

(7) Prepare and distribute certificate of eligibility forms and enrollment instruction forms to health centers;

(8) Provide for reinsurance of risks incurred by the Agency;

(9) Provide for, and employ, cost containment measures and risk management program standards;

(10) Seek and receive grant funding from the United States government, District departments or agencies, and private foundations;

(11) Adopt policies, procedures, rules, and standards as may be necessary or convenient for the operation of the Agency consistent with this part;

(12) Adopt and administer personnel policies and procedures;

(13) Employ its own general counsel and special counsel from time to time, as needed;

(14) Adopt and administer its own procurement and contracting policies and procedures;

(15) Select, retain, and employ professionals, contractors, or agents which are necessary or convenient to enable or assist the Agency in carrying out the purposes of the Agency; and

(16) Provide gap coverage to the District’s Federally Qualified Health Centers for medical malpractice risks.

(b) Upon the request of the Risk Officer, the Mayor and the governing officer or body of each instrumentality of the District, by delegation or agreement, may direct that personnel or other resources of a District agency or instrumentality be made available to the Agency on a full cost-reimbursable basis to carry out the Agency’s duties. Personnel detailed to the Agency under this subsection shall not be considered employees of the Agency, but shall remain employees of the agency or instrumentality from which the employees were detailed. With the consent of an executive agency, department, or independent agency of the federal government or the District government, the Agency may use the information, services, staff, and facilities of the department or agency on a full cost-reimbursable basis.


(July 18, 2008, D.C. Law 17-196, § 4, 55 DCR 6261; Dec. 24, 2013, D.C. Law 20-61, § 1032(c), 60 DCR 12472; Oct. 8, 2016, D.C. Law 21-160, § 1032(b), 63 DCR 10775.)

Section References

This section is referenced in § 1-307.91.

Effect of Amendments

The 2013 amendment by D.C. Law 20-61 rewrote (a)(1); and added (a)(4A).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(c) 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(c) 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(c) 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(c) 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(c) 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.


§ 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.


§ 1–307.85. Advisory Council to the Agency.

(a) There is established an Advisory Council to the Agency to assist and advise the Risk Officer regarding the Agency.

(b) The Advisory Council shall consist of 7 members appointed by the Risk Officer. One member shall represent the District of Columbia Primary Care Association, 2 members shall represent District health centers, 2 members shall have expertise in general property insurance and re-insurance, and 2 members shall have general insurance expertise, whether medical malpractice or general property insurance.

(c) The Risk Officer and the captive manager shall serve as ex officio members of the Advisory Council.

(d) The Risk Officer shall serve as chairperson of the Advisory Council.

(e) Except as provided in subsection (f) of this section, Advisory Council members shall serve terms of 3 years. An Advisory Council member’s term shall continue until his or her successor is appointed. The Advisory Council members may be reappointed for additional terms.

(f) The Risk Officer shall determine the terms the initial Advisory Council members shall serve. Three of the Advisory Council members shall serve terms of 2 years, 2 shall serve terms of 4 years, and 2 shall serve terms of 6 years.

(g) Vacancies in the Advisory Council shall be filled by the Risk Officer. Advisory Council members may be removed by the Risk Officer for cause.

(h) Advisory Council members shall not be compensated in their capacity as Advisory Council members, but shall be reimbursed for reasonable expenses incurred in the necessary performance of their duties.

(i) The Advisory Council shall:

(1) Advise the Risk Officer in the general oversight of the Agency;

(2) Assess the needs and interests of the health centers;

(2A) Assess the needs and interests of the District with respect to obtaining insurance through the Agency; and

(3) Meet at least on an annual basis, at meetings announced by the Risk Officer.


(July 18, 2008, D.C. Law 17-196, § 6, 55 DCR 6261; Mar. 25, 2009, D.C. Law 17-353, § 239, 56 DCR 1117; Dec. 24, 2013, D.C. Law 20-61, § 1032(d), 60 DCR 12472; Oct. 8, 2016, D.C. Law 21-160, § 1032(c), 63 DCR 10775.)

Section References

This section is referenced in § 1-307.81.

Effect of Amendments

D.C. Law 17-353 validated a previously made technical correction in subsec. (e).

The 2013 amendment by D.C. Law 20-61 rewrote (b); and added (i)(2A) and made a related change.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1032(d) 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(d) 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.


§ 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.


§ 1–307.87. Plan of operation for the Agency.

(a) The captive manager shall submit to the Risk Officer a plan of operation for the Agency that has been approved by the Commissioner and any amendments to the plan necessary or suitable to assure the fair, reasonable, and equitable administration of the Agency.

(b) The plan of operation shall:

(1) Become effective upon approval in writing by the Commissioner and the Risk Officer;

(2) Establish procedures for the operation of the Agency;

(3) Establish procedures for health centers to qualify to purchase medical malpractice insurance from the Agency;

(4) Establish procedures for offering gap coverage for the District’s Federally Qualified Health Centers;

(4A) Establish procedures for the offering of insurance for District real property assets and District personal property assets;

(5) Establish procedures, under the management of the Risk Officer, for the payment of administrative expenses;

(6) Establish procedures for adjustment and payment of claims made under the policies issued by the Agency, including procedures for administrative review and resolution of disputes arising over such claims;

(7) Establish procedures for tail coverage to health centers purchasing medical malpractice liability coverage through the Agency;

(8) Develop standards for the level of subsidies that shall be provided to health centers to offset premiums due to the Agency;

(9) Establish rules, conditions, and procedures for facilitating the reinsurance of risks of participating health centers;

(10) Establish risk management standards to which the health centers shall adhere and auditing procedures for the compliance of risk management standards by health centers;

(11) Establish underwriting guidelines for policyholders; and

(12) Provide for other matters as may be necessary and proper for the execution of the Risk Officer’s and the captive manager’s respective powers, duties, and obligations under this part.


(July 18, 2008, D.C. Law 17-196, § 8, 55 DCR 6261; Dec. 24, 2013, D.C. Law 20-61, § 1032(f), 60 DCR 12472; Oct. 8, 2016, D.C. Law 21-160, § 1032(d), 63 DCR 10775.)

Section References

This section is referenced in § 1-307.83 and § 1-307.86.

Effect of Amendments

The 2013 amendment by D.C. Law 20-61 added (b)(4A).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(d) 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(d) 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(f) 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(f) 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(d) 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.


§ 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.)


§ 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.)


§ 1–307.90. Coverage.

(a) The Agency shall offer:

(1) Health centers medical malpractice insurance that is consistent with coverage offered in the market; and

(2) Insurance for the benefit of the District for District real property assets and District personal property assets 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.)

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.


§ 1–307.91. Establishment of the Medical Liability Captive Trust Fund.

(a) There is established as a nonlapsing fund the Captive Trust Fund, which shall be used for the purposes set forth in subsection (b) of this section. All funds deposited in the Fund, and any interest earned thereon, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (b) of this section without regard to fiscal year limitation, subject to authorization by Congress.

(b) The Fund shall be used solely to pay for the costs and expenses of the establishment, operation, and administration of the Agency, which costs and expenses shall include:

(1) The hiring of a captive manager and other professionals to manage and administer the day-to-day operations of the Agency;

(2) The hiring of staff, including a general counsel;

(3) The administration of the day-to-day operations of the Agency;

(4) The payment of claims and losses under policies of insurance to be issued by the Agency;

(5) Reimbursement for reasonable expenses incurred by Advisory Council members in the necessary performance of their duties;

(6) The costs of the management, administration, and operation of the Fund; and

(7) Beginning with payments made from the Fund on or after December 1, 2014, the purchase of insurance on behalf of the District of Columbia government.

(c) There shall be deposited into the Fund:

(1) All insurance premiums or other revenues which may be received by the Fund;

(2) All funds received under § 1-307.83(a)(10); and

(3) An amount equal to the unobligated balance of amounts appropriated and allocated by section 2055(18) of the Fiscal Year 2007 Budget Support Act of 2006, effective March 2, 2007 (D.C. Law 16-192; 53 DCR 6899).

(d) The funds in the Fund may be invested in private securities and any other form of investment which is considered appropriate by the Commissioner and the Chief Financial Officer. The Agency shall file each with the Commissioner and the Chief Financial Officer a schedule of the proposed investments of the funds and any material changes thereto.


(July 18, 2008, D.C. Law 17-196, § 12, 55 DCR 6261; Dec. 24, 2013, D.C. Law 20-61, § 1032(h), 60 DCR 12472; Oct. 8, 2016, D.C. Law 21-160, § 1032(f), 63 DCR 10775.)

Section References

This section is referenced in § 1-307.81 and § 44-633.

Effect of Amendments

The 2013 amendment by D.C. Law 20-61 deleted “Medical Liability” preceding “Captive” in (a).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(f) 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(f) 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(h) 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(h) 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(f) 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”.

References in Text

Section 2055 of D.C. Law 16-192, referred to in subsec. (c)(3), is noted under § 42-2855.01.

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.


§ 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.)


§ 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).


§ 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.)


§ 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.)

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.


Part E. Payments in Lieu of Taxes.

§ 1–308.01. Definitions.

For the purposes of this part, the term:

(1) “Bonds” means any bonds, notes, or other instruments issued by the District pursuant to § 1-204.90 and secured by payments in lieu of taxes or other security authorized by this part.

(2) “Development costs” means all costs and expenses relating to the development, redevelopment, purchase, acquisition, protection, financing, construction, expansion, reconstruction, restoration, rehabilitation, renovation and repair, and the furnishing, equipping, and operating of a project, including:

(A) The purchase or lease expense for land, structures, real or personal property, rights, rights-of-way, roads, franchises, easements, and interests acquired or used for, or in connection with, the project and costs of demolishing or removing buildings or structures on land so acquired;

(B) Expenses incurred for utility lines, structures, or equipment charges;

(C) Interest prior to, and during, construction, and for a period as may be necessary for the operation of a project;

(D) Provisions for reserves for principal and interest for extensions, enlargements, additions, improvements, and extraordinary repairs and replacements;

(E) Expenses incurred for architectural, engineering, energy efficiency technology, design and consulting, financial, and legal services;

(F) Fees for letters of credit, bond insurance, debt service reserve insurance, surety bonds, or similar credit or liquidity enhancement instruments;

(G) Costs and expenses associated with the conduct and preparation of specification and feasibility studies, plans, surveys, historic structure reports, and estimates of expenses and revenues;

(H) Expenses necessary or incident to issuing Bonds and determining the feasibility and the fiscal impact of financing the acquisition, construction, or development of a project; and

(I) The provision of a proper allowance for contingencies and initial working capital.

(3) “Home Rule Act” means Chapter 2 of Title 1.

(4) “Owner” means, with respect to the PILOT parcel, the owner of a fee simple or a possessory interest.

(5) “Payments in lieu of taxes” or “PILOT” means payments made with respect to a PILOT parcel for a PILOT period in lieu of real property taxes.

(6) “PILOT agreement” means a written agreement between the District and the owner of a PILOT parcel providing for payments in lieu of taxes for the purpose of financing one or more projects or for other authorized uses as provided under this part.

(7) “PILOT parcel” means a tax lot or lots (or a portion thereof) exempt from the payment of real property tax in accordance with the provisions of this part and § 47-1002(29).

(8) “PILOT period” means the period during which a PILOT parcel (or a portion thereof) will be exempt from the payment of real property tax.


(Apr. 5, 2005, D.C. Law 15-293, § 2, 52 DCR 1465.)

Section References

This section is referenced in § 47-1002.

Emergency Legislation

For temporary (90 days) amendment of Section 2(1)(A) of the DOT PILOT Revision Emergency Approval Resolution of 2010, effective February 2, 2010 (Res. 18-389; 57 DCR 1534), see § 8002 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 Section 2(1)(A) of the DOT PILOT Revision Emergency Approval Resolution of 2010, effective February 2, 2010 (Res. 18-389; 57 DCR 1534), see § 8002 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 8001 of D.C. Law 20-61 provided that Subtitle A of Title VIII of the act may be cited as the “Waterfront Park Bond Amendment Act of 2013”.

Resolutions

Resolution 18-389, the “DOT PILOT Revision Emergency Approval Resolution of 2010”, was approved effective February 2, 2010.

Resolution 18-389, § 2(1)(A), was amended by D.C. Law 20-61, § 8002.


§ 1–308.02. PILOT agreements.

(a)(1)(A) Subject to approval by the Council under § 1-308.03(a) or (b), the Mayor may enter into a PILOT agreement for the purpose of financing the development costs of one or more projects which qualify under § 1-204.90. Except as otherwise provided in the PILOT agreement, payments in lieu of taxes made pursuant to the PILOT agreement may be assigned or pledged in connection with the Bonds authorized to be issued under this part.

(B) As an inducement to enter into the PILOT agreement, a portion of the payments in lieu of taxes pursuant to the PILOT agreement may be used in accordance with the terms of the PILOT agreement for any other use which will be deemed to contribute to the health, education, safety, or welfare of, or the creation or preservation of jobs for, residents of the District, or to economic development of the District, including the development, redevelopment, and expansion of business, commerce, housing, or tourism, or the provision of necessary or desirable public infrastructure improvements.

(2) A PILOT agreement pursuant to this subsection shall include:

(A) The description of the PILOT parcel;

(B) The date, or the manner of determining the date, on which the exemption from real property tax for the PILOT parcel shall commence and terminate;

(C) The party who shall be obligated to make payments in lieu of taxes;

(D) The requirement that payments in lieu of taxes shall be paid in accordance with the PILOT agreement;

(E) The project (or projects) to be financed with the proceeds of Bonds;

(F) The terms and conditions of the issuance of the Bonds to finance the project (or projects) and the application of the Bond proceeds, including the conditions which must be satisfied prior to the issuance of the Bonds and the uses and application of the Bond proceeds; and

(G) If a portion of the payments in lieu of taxes pursuant to the PILOT agreement may be used other than for the purpose of financing any project which qualifies under § 1-204.90:

(i) The portion of payments in lieu of taxes which shall secure the Bonds;

(ii) The portion of payments in lieu of taxes shall be applied to the other use; and

(iii) The application of the portion of payments in lieu of taxes set forth in sub-subparagraph (ii) of this subparagraph.

(b)(1) Subject to approval by the Council under § 1-308.03(b), the Mayor may enter into a PILOT agreement for any other use which will be deemed to contribute to the health, education, safety, or welfare of, or the creation or preservation of jobs for, residents of the District, or to economic development of the District, including the development, redevelopment, and expansion of business, commerce, housing, or tourism, or the provision of necessary or desirable public infrastructure improvements.

(2) A PILOT agreement pursuant to this subsection shall include:

(A) The description of the PILOT parcel;

(B) The date, or the manner of determining the date, on which the exemption from real property tax for the PILOT parcel shall commence and terminate;

(C) The party who shall be obligated to make the payments in lieu of taxes;

(D) The requirement that the payments in lieu of taxes shall be paid in accordance with the PILOT agreement; and

(E) The use for which the payments in lieu of taxes shall be applied, including a detailed delineation of the expenditures to be made.

(c) Notwithstanding any of the provisions of this part, a PILOT agreement shall not result in a reduction of the total assessed value of real property subject to taxation under Chapter 8 of Title 47.

(d) A PILOT Agreement shall be an encumbrance upon, and run with, the PILOT Parcel. A memorandum of the PILOT Agreement shall be recorded in the land records of the District.


(Apr. 5, 2005, D.C. Law 15-293, § 3, 52 DCR 1465.)

Section References

This section is referenced in § 1-308.03.


§ 1–308.03. Approval by the Council.

(a)(1) The issuance of Bonds, including the execution of the PILOT agreement and other financing agreements and documents, under 1-308.02(a)(1)(A) shall be subject to the approval of the Council. The Mayor shall transmit to the Council a proposed resolution to approve the issuance of Bonds, the maximum amount of the Bonds to be issued, and the PILOT agreement for a 60-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. The proposed resolution shall include:

(A) The terms of the Bonds to be issued;

(B) The terms of the PILOT agreement, including a statement that the proposed form of the PILOT agreement has been transmitted to the Council;

(C)(i) The amount of the payments in lieu of taxes; and

(ii) The amount of the real property taxes which would be paid in the absence of the PILOT agreement if the proposed project (or projects) were completed;

(D) The public benefits to be derived from the project (or projects) to be financed by the Bonds and the likelihood that project (or projects) would be completed in the absence of the approval of the transaction;

(E) If a portion of the payments in lieu of taxes pursuant to the PILOT agreement may be used other than for the purpose of financing a project which qualifies under § 1-204.90, the public benefits to be derived from the use and the likelihood that project would be completed in the absence of the approval of the transaction;

(F)(i) Whether conventional, or alternative forms of, financing are available;

(ii) Whether best efforts have been made to secure conventional, or alternative forms of, financing; and

(iii) Why conventional, or alternative forms of, financing is impracticable or undesirable;

(G) If a project to be financed by the Bonds (which, for the purposes of this paragraph, shall include an ownership interest in property which will benefit from the project to be financed by the Bonds) or other use is to be funded or financed is to be operated or held for profit:

(i) Whether the District will have an ownership interest or profits participation; and

(ii) If the District will not have an ownership interest or profits participation, why an ownership interest or profits participation is impracticable or undesirable; and

(H) A financial analysis prepared by the Office of the Chief Financial Officer, which financial analysis shall consist of the following:

(i) A report delineating the amount of the payments in lieu of taxes, including the amount of the real property taxes which would be paid in the absence of the PILOT agreement, if the proposed project (or projects) were completed;

(ii) The effect of the PILOT Agreement on the total assessed value of real property subject to taxation under Chapter 8 of Title 47; and

(iii) The effect of the PILOT Agreement on the budget and financial plan.

(2) If the Council does not approve or disapprove the transaction within the 60-day review period, the proposed resolution shall be deemed disapproved.

(3) If the proposed terms of the transaction shall change in any material respect, including the terms of the proposed PILOT agreement which was transmitted to the Council, a new proposed resolution which complies with paragraph (1) of this subsection shall be submitted to the Council for approval in accordance with this section.

(b)(1) The execution of the PILOT agreement, and any related agreements and documents, pursuant to § 1-308.02(a)(1)(B) or (b) shall be subject to the approval of the Council by act.

(2) The act shall include the following findings:

(A) The terms of the PILOT agreement, including a statement that the proposed form of the PILOT agreement has been transmitted to the Council;

(B) The terms of any other agreement or document, or any subsidy or assistance which will be provided, in connection with the PILOT agreement or proposed use;

(C)(i) The amount of the payments in lieu of taxes; and

(ii) The amount of the real property taxes which would be paid in the absence of the PILOT agreement if the expenditures for the proposed use were made (and the proposed project (or projects) for which a subsidy or assistance will be received, if any, were completed);

(D) The public benefits to be derived from the proposed use (and any project (or projects) for which a subsidy or assistance will be received) and the likelihood that the proposed project would be completed (and the project (or projects) for which a subsidy or assistance will be received, if any, would be completed) in the absence of the approval of the transaction;

(E)(i) Whether best efforts have been made to secure other means of achieving the proposed use; and

(ii) Why the other means of achieving the proposed use is impracticable or undesirable;

(F) If a proposed use (which, for the purposes of this paragraph, shall an include an ownership interest in property which will benefit from the proposed use (or a project for which a subsidy or assistance will be received, if any)) is to be operated or held for profit:

(i) Whether the District will have an ownership interest or profits participation; and

(ii) If the District will not have an ownership interest or profits participation, why an ownership interest or profits participation is impracticable or undesirable; and

(G) A financial analysis prepared by the Office of the Chief Financial Officer, which financial analysis shall consist of the following:

(i) A report delineating the amount of the payments in lieu of taxes, including the amount of the real property taxes which would be paid in the absence of the PILOT agreement, if the proposed project (or projects) were completed;

(ii) The effect of the PILOT Agreement on the total assessed value of real property subject to taxation under Chapter 8 of Title 47; and

(iii) The effect of the PILOT Agreement on the budget and financial plan.

(3) If the proposed terms of the transaction shall change in any material respect, including the terms of the proposed PILOT agreement which was transmitted to the Council, a new act which complies with paragraph (1) of this subsection shall be required to approve the transaction in accordance with this section.


(Apr. 5, 2005, D.C. Law 15-293, § 4, 52 DCR 1465.)

Section References

This section is referenced in § 1-308.02.

Resolutions

Resolution 16-845, the “DOT PILOT Revision Emergency Approval Resolution of 2006”, was approved effective October 18, 2006.


§ 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.)


§ 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”.


§ 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.)


§ 1–308.07. Security for Bonds.

(a) A series of Bonds may be secured by a trust agreement or trust indenture between the District and a corporate trustee having trust powers, or secured by a loan agreement or other instrument giving power to a corporate trustee by means of which the District may do the following:

(1) Make and enter into any and all covenants and agreements with the trustee or the holders of the Bonds that the District may determine to be necessary or desirable covenants and agreements as to:

(A) The application, investment, deposit, use, and disposition of the proceeds of Bonds and the other monies, securities, and property of the District;

(B) The assignment by the District of its rights in any agreement;

(C) Terms and conditions upon which additional Bonds of the District may be issued;

(D) Providing for the appointment of a trustee to act on behalf of bondholders and abrogating or limiting the rights of the bondholders to appoint a trustee; and

(E) Vesting in a trustee for the benefit of the holders of Bonds, or in the bondholders directly, such rights and remedies as the District shall determine to be necessary or desirable;

(2) Pledge, mortgage or assign monies, agreements, property, or other assets of the District, either presently in hand or to be received in the future, or both;

(3) Provide for bond insurance and letters of credit, or otherwise enhance the credit of and security for the payment of the Bonds; and

(4) Provide for any other matters of like or different character that in any way affect the security for or payment of the Bonds.

(b) The Bonds are declared to be issued for essential public and governmental purposes. The Bonds and the interest thereon and the income therefrom, and all monies pledged or available to pay or secure the payment of the Bonds, shall at all times be exempt from taxation by the District, except for estate, inheritance, and gift taxes.

(c) The District does hereby pledge to and covenant and agree with the holders of any Bonds that, subject to the provisions of the financing documents, the District will not limit or alter the revenues pledged to secure the Bonds or the basis on which such revenues are collected or allocated, will not impair the contractual obligations of the District to fulfill the terms of any agreement made with the holders of the Bonds, will not in any way impair the rights or remedies of the holders, and will not modify in any way, with respect to the Bonds, the exemptions from taxation provided for in this part, until the Bonds, together with interest thereon, with interest on any unpaid installment of interest and all costs and expenses in connection with any suit, action or proceeding by or on behalf of the holders, are fully met and discharged. This pledge and agreement of the District may be included as part of the contract with the holders of any of its Bonds. This subsection shall constitute a contract between the District and the holders of the Bonds authorized by this part. To the extent that any acts or resolutions of the Council may be in conflict with this part, this part shall be controlling.

(d) Consistent with § 1-204.90(a)(4)(B) and, notwithstanding Article 9 of Title 28 [§ 28:9-101 et seq.]:

(1) A pledge made and security interest created in respect of any Bonds or pursuant to any related financing document shall be valid, binding, and perfected from the time the security interest is created, with or without physical delivery of any funds or any property and with or without any further action;

(2) The lien of the pledge shall be valid, binding, and perfected as against all parties having any claim of any kind in tort, contract, or otherwise against the District, whether or not such party has notice; and

(3) The security interest shall be valid, binding, and perfected whether or not any statement, document, or instrument relating to the security interest is recorded or filed.


(Apr. 5, 2005, D.C. Law 15-293, § 8, 52 DCR 1465.)


§ 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.)


§ 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.)


§ 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.)


Part F. Poverty Lawyer Loan Assistance Repayment Program.

§ 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).


§ 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).


§ 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).


§ 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).


§ 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).


§ 1–308.26. Participant obligations. [Repealed]

Repealed.


(Mar. 2, 2007, D.C. Law 16-203, § 7, 53 DCR 9055; Sept. 14, 2011, D.C. Law 19-21, § 3003, 58 DCR 6226.)

Emergency Legislation

For temporary (90 day) addition, see § 7 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 § 7 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).


§ 1–308.27. Disbursement of loans. [Repealed]

Repealed.


(Mar. 2, 2007, D.C. Law 16-203, § 8, 53 DCR 9055; Sept. 14, 2011, D.C. Law 19-21, § 3003, 58 DCR 6226.)

Emergency Legislation

For temporary (90 day) addition, see § 8 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 § 8 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).


§ 1–308.28. Rules. [Repealed]

Repealed.


(Mar. 2, 2007, D.C. Law 16-203, § 9, 53 DCR 9055; Sept. 14, 2011, D.C. Law 19-21, § 3003, 58 DCR 6226.)

Emergency Legislation

For temporary (90 day) addition, see § 9 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 § 9 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).


§ 1–308.29. Appropriations contingency. [Repealed]

Repealed.


(Mar. 2, 2007, D.C. Law 16-203, § 10, 53 DCR 9055; Aug. 16, 2008, D.C. Law 17-219, § 7078, 55 DCR 7598.)

Emergency Legislation

For temporary (90 day) addition, see § 10 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 § 10 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).