Section 29-6316. INSURANCE

 

6316.1 In this section, "staff member" includes all employees of an independent living program and any other person (including, without limitation, volunteers, independent contractors, and vendors) regularly providing services at the independent living program. A person "regularly" provides services at an independent living program if the person:

 

(a)Visits the independent living program to provide services on at least a weekly basis;

 

(b)Visits the independent living program to provide services for at least ten (10) hours per month; or

 

(c)Provides direct care and supervision of residents.

 

6316.2The requirements of this section shall be explicitly stated in the each contract between an independent living program and contracting entity.

 

6316.3An independent living program shall secure and maintain the insurance policies required in this section.

 

6316.4All policies shall be written by insurers which are licensed as regulated insurers by the District of Columbia government and are in good standing under such license, with a rating by the A.M. Best Company of A- or greater, and with a financial class size of VIII or higher, or equivalent ratings from a recognized insurance rating service which CFSA has approved in writing.

 

6316.5An independent living program shall submit an original certificate of insurance complying with the provisions of § 6316 to CFSA with the application for an:

 

(a)Original annual license, pursuant to § 6307; or

 

(b)Annual license renewal, pursuant to § 6308.

 

6316.6The original certificate of insurance required by § 6316.5 shall evidence and summarize the terms of actual policies in force for all the coverages for the contracting entity, licensing agency, and the District of Columbia government, as set forth in § 6316.

 

6316.7The cancellation clause in the original certificate of insurance may not include the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives," or other similar language.

 

6316.8An independent living program shall secure and maintain, and provide evidence that its staff members who are independent contractors secure and maintain (in the form of certificates complying with §§ 6316.5, 6316.6, and 6316.7), commercial general liability insurance, containing contractual liability insurance, insuring the independent living program as named insured and naming the contracting entity, licensing agency, and the District of Columbia government as additional insureds, on an occurrence (not claims-made) basis, with per location or per project limits (exclusive of defense costs) of not less than:

 

(a)One million dollars ($ 1,000,000) per occurrence for bodily injury or death or property damage, combined single limit;

 

(b)One million dollars ($ 1,000,000) per occurrence for personal and advertising injury;

 

(c)One million dollars ($ 1,000,000) per occurrence for products-completed operations; and

 

(d)Subject to a general aggregate of two million dollars ($ 2,000,000) per policy year.

 

6316.9Policies maintained pursuant to § 6316.8 shall be primary coverage and the independent living program's policies shall provide coverage for staff members excluding independent contractors. Deductibles under commercial general liability insurance policies may not exceed five thousand dollars ($ 5,000.00) per occurrence.

 

6316.10An independent living program shall secure and maintain business automobile policy insurance for owned, non-owned, and hired vehicles with a combined single limit (exclusive of defense costs) of not less than one million dollars ($ 1,000,000). All such policies shall be primary coverage and shall provide coverage for all staff members. Limits for uninsured and under-insured motorists shall be not less than one million dollars ($ 1,000,000). Physical damage deductibles under business automobile policies may not exceed five thousand dollars ($ 5,000.00) per occurrence.

 

6316.11An independent living program shall secure and maintain, and provide evidence, that its staff members who are independent contractors secure and maintain (in the form of certificates complying with § 6316.5), worker's compensation insurance with statutory worker's compensation limits. The independent living program's policies shall cover all staff members excluding independent contractors.

 

6316.12An independent living program shall secure and maintain, and provide evidence that its staff members who are professional independent contractors secure and maintain (in the form of certificates complying with § 6316.5), professional liability insurance with limits (exclusive of defense costs) of not less than one million dollars ($ 1,000,000) per occurrence. The independent living program's policies shall be primary coverage and shall provide coverage for all of the independent living program's professional staff excluding independent contractors.

 

6316.13An independent living program shall secure and maintain employer's liability insurance with limits of not less than one hundred thousand dollars ($ 100,000) per accident, five hundred thousand dollars ($ 500,000) disease policy limit, one hundred thousand dollars ($ 100,000) disease, each employee. All such policies shall be primary coverage and shall provide coverage for all staff members.

 

6316.14An independent living program shall secure and maintain coverage of the building, improvements, furnishings, fixtures and equipment, inventory and other personal property by broad form ("all-risk") commercial property insurance on a full replacement cost, agreed amount basis, waiving subrogation against CFSA, the contracting entity, and the District of Columbia government and containing an additional insured endorsement naming CFSA, the contracting entity and the District of Columbia government as additional insureds. The independent living program shall secure and maintain time value insurance coverage for one hundred percent (100%) of the loss of income/extra expense coverage incurred in occurrences covered by the independent living program's o commercial property insurance policy. Deductibles under property insurance policies maintained by the independent living program may not exceed five thousand dollars ($ 5,000.00) per occurrence. All such policies shall be primary coverage. If all or a portion of the above coverages are maintained by the independent living program's landlord, the independent living program shall also provide evidence of the landlord's coverage in the form of evidence of insurance complying with §§ 6316.5, 6316.6 and 6316.7, which evidence shall include a waiver of subrogation against CFSA, the contracting entity and the District of Columbia government.

 

6316.15An independent living program shall secure and maintain excess or umbrella liability insurance with limits of not less than ten million dollars ($ 10,000,000) per occurrence, subject to a general aggregate of ten million dollars ($ 10,000,000) per policy year, and self-insured retention of no more ten thousand dollars ($ 10,000), covering not less than the same liabilities and coverages set forth in §§ 6316.8, 6316.9, 6316.10, 6316.12 and 6316.13 in excess of the limits specified in those policies.

 

6316.16If any claim has been made under any policy of insurance required by § 6316, and the limits or coverages of insurance are reduced thereby, the independent living program shall replenish such insurance to the limits and coverages provided in § 6316.

 

6316.17An insurance policy required by § 6316 shall contain the following endorsement:

 

"It is hereby understood and agreed that the insurer may not cancel, fail to renew, or reduce the coverage or liability limits of this policy unless the insurer provides the contacting entity, licensing agency, and the Office of the City Administrator with written notice of an intent to take such action at least ten (10) days in advance of cancellation for non-payment of premium and thirty (30) days in advance of any other such action. The insurer shall serve notice to the following persons by certified mail, return receipt requested:

 

Director

Child and Family Services Agency

400 6th Street SW 

Washington, D.C. 20024 

 

Office of the City Administrator

Attention Risk Management Officer

441 4th Street, N.W. 

Suite 1150 

Washington, D.C. 20001"

 

6316.18No later than ten (10) days prior to a renewal, cancellation, non-renewal, or reduction in coverage or liability limits, an independent living program shall obtain and furnish to the contracting entity, licensing agency, and Office of the City Administrator copies of certificates complying with §§ 6316.5, 6316.6, and 6316.7 for replacement insurance policies meeting the requirements of § 6316.

 

6316.19The legal liability of an independent living program to the contracting entity, licensing agency, District of Columbia government, and any person for any of the matters that are the subject of the insurance policies required by § 6316 may not be limited by such insurance policies or by the recovery of any amounts thereunder.

 

6316.20Insurance coverage may be provided under policies that cover more than one location; provided, however, that the limits and coverages shall apply separately to each location.

 

6316.21An independent living program shall defend, indemnify and hold the contracting entity, licensing agency, and the District of Columbia government, and its elected and appointed officials and officers, employees, agents and representatives, harmless from and against any and all injuries, claims, demands, judgments, suits in law and equity (including without limitation, habeas corpus actions), actions before administrative tribunals, damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, that actually or allegedly, in whole or in part, arise out of, or result from:

 

(a)The operation of the independent living program;

 

(b)Performing or failing to perform duties required by or reasonably related to the requirements of the contract between the independent living program and the contracting entity; or

 

(c)Providing or offering services, whether or not caused by the independent living program or its affiliates, officers, employees, agents, contractors or subcontractors.

 

6316.22The provisions of § 6316.21 shall apply whether or not the acts or omissions were alleged or proven to have been caused in whole or in part by the contracting entity, CFSA, or the District of Columbia government, and whether or not such acts or omissions are authorized, allowed, or prohibited by this Chapter.

 

6316.23An independent living program's indemnity obligations under § 6316 may not apply to any injuries, claims, demands, judgments, damages, losses or expenses to the extent arising out of or resulting from the gross negligence or willful misconduct by the contracting entity, CFSA, or the District of Columbia government, or their officials, officers, employees, agents or representatives, provided that no such gross negligence or willful misconduct, alleged or actual, shall affect the independent living program's obligation to defend the contracting entity, licensing agency, and the District of Columbia government.

 

6316.24An independent living program shall provide copies of the policies for any or all of the insurance required by this section to the contracting entity and licensing agency upon written request.

 

6316.25All notices and documents required under this section shall be provided to CFSA, the contracting entity, and the Office of the City Administrator, at the following addresses:

 

Director

Child and Family Services Agency

400 6th Street SW 

Washington, D.C. 20024 

 

Office of the City Administrator

Attention Risk Management Officer

441 4th Street, N.W. 

Suite 1150 

Washington, D.C. 20001 

 

6316.26The requirements of § 6316 do not apply to facilities owned or operated by the District of Columbia government.

 

source

Final Rulemaking published at 49 DCR 1591 (February 22, 2002).