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DEPARTMENT OF INSURANCE, SECURITIES, AND BANKING
NOTICE OF FINAL RULEMAKING
The Commissioner of the Department of Insurance, Securities, and Banking, pursuant to the authority set forth in section 14 of the District of Columbia Medical Liability Captive Insurance Agency Establishment Act of 2008, effective July 18, 2008 (D.C. Law 17-196; D.C. Official Code § 1-307.93 (2001)), and Mayor’s Order 2010-161 (October 5, 2010), hereby gives notice of the repeal of the current, and adoption of the new, chapter 20 of Subtitle A of Title 26 of the District of Columbia Municipal Regulations. The new chapter 20 of Subtitle A of Title 26 sets forth a list of information that will need to be submitted by health centers to the Department in order to become certified and eligible to receive medical malpractice insurance coverage from the District of Columbia Medical Liability Captive Insurance Agency.
A Notice of the Proposed Rulemaking was published in the D.C. Register on November 26, 2010, at 57 DCR 11314. No changes were made to the rulemaking. The rules shall become effective upon the publication in the D.C. Register.
Chapter 20, Free Clinic Assistance Insurance Program, of Subtitle A, Insurance, of Title 26 of the District of Columbia Municipal Regulations, is repealed and replaced with a new chapter 20, Medical Liability Captive Insurance Program, to read as follows:
CHAPTER 20 CERTIFICATION FOR PARTICIPATION IN THE MEDICAL LIABILITY CAPTIVE INSURANCE PROGRAM
2000 CERTIFICATION FOR PARTICIPATION IN THE MEDICAL LIABILITY CAPTIVE INSURANCE PROGRAM
2000.1 In order to be eligible to participate in the District of Columbia Medical Liability Captive Insurance program, a Health Center shall apply for and obtain a certification from the Commissioner. The term “Health Center” shall have the same meaning as used in the District of Columbia Medical Liability Captive Insurance Agency Establishment Act of 2008, effective July 18, 2008 (D.C. Law 17-196; D.C. Official Code § 1-307.81, et seq. (2001)).
2000.2 To apply for certification, a prospective Health Center shall submit to the Commissioner the following information:
(a) A certificate of good standing and certified copy of the Health Center’s articles of incorporation issued by the Department of Consumer and Regulator Affairs;
(b) A certified copy of the Health Center’s Certificate of Occupancy issued by the Department of Consumer and Regulatory Affairs;
(c) A copy of the Health Center’s letter from the Internal Revenue Service confirming its status as a tax exempt organization pursuant to section 501(c)(3) of the Internal Revenue Code;
(d) A copy of the Health Center’s Basic Business License;
(e) A notarized letter from the president or executive director of the Health Center stating, under oath, that the Health Center provides services to individuals regardless of their ability to pay and satisfies all other requirements of the Medical Liability Agency Establishment Act of 2008.
2000.3 All Health Centers shall apply for recertification annually.
2000.4 To obtain recertification, a Health Center shall file, not later than sixty (60) days before the expiration of the Health Center’s insurance coverage, either:
(a) A complete application containing all of the information listed in subsection 2000.2 of this section;
(b) All updates to the information and documentation submitted in the Health Center’s prior application for certification, along with a notarized affidavit from the president or executive director of the Health Center attesting that there are no changes, since the submission of the prior application, to any other information or documents listed in subsection 2000.2 of this section; or
(b) A notarized affidavit from the president or executive director of the Health Center attesting that there are no changes, since the submission of the Health Center’s prior application, to any information or documents listed in subsection 2000.2 of this chapter.
2000.5 If a Health Center fails to file an application, has its application denied, or has its certification revoked, then the Health Center will no longer be eligible to participate in the D.C. Medical Liability Captive Insurance program. A Health Center that is no longer eligible to participate in the D.C. Medical Liability Captive Insurance program shall be subject to having its insurance coverage cancelled or non-renewed.
2000.6 The Commissioner may, after notice and hearing, deny or revoke the certification of any Health Center that is in violation of any law or becomes otherwise ineligible to participate in the D.C. Medical Liability Captive Insurance program.
