3862848 Resolution 19-590, "Health Benefits Plan Grievance Congressional Review Emergency Declaration Resolution of 2012"

A RESOLUTION

 

19-590

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

October 2, 2012

 

 

To declare the existence of an emergency, due to Congressional review, with respect to the need to amend the Health Benefits Plan Members Bill of Rights Act of 1998 to add a definition, to extend the time period that a member or member representative has to initiate an external appeal, and to make decisions made by the independent review organization binding. 

 

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Health Benefits Plan Grievance Congressional Review Emergency Declaration Resolution of 2012”.

 

Sec. 2. (a) The Council enacted the Health Benefits Plan Grievance Emergency Amendment Act of 2012, effective July 24, 2012 (D.C. Act 19-409; 59 DCR 9135) (“emergency legislation”), and the Health Benefits Plan Grievance Temporary Amendment Act of 2012, passed on 2^nd reading on September 19, 2012 (Enrolled version of Bill 19-865) (“temporary legislation”), to achieve compliance with the U.S. Department of Health and Human Services (“HHS”) interim final rules, which set forth requirements for grievance and appeals procedures for the health benefits plan grievance system maintained by the District.

(b) The emergency legislation expires on October 22, 2012, and the temporary legislation will not have completed its 30-day review period required by section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), before the expiration of the emergency legislation.

(c) It is important that the provisions of the emergency legislation continue in effect until the temporary legislation is in effect in order to maintain compliance with HHS health-care reform regulations and to avoid the risk of a federal takeover of the District’s health benefits plan member grievance system.    

 

Sec. 3. The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Health Benefits Plan Grievance Congressional Review Emergency Amendment Act of 2012 be adopted after a single reading.

 

Sec. 4.  The resolution shall take effect immediately