567273 Certification and Eligibility Requirements in order to Receive Medical Malpractice Insurance Coverage from the District of Columbia Medical Liability Captive Insurance Agency.

DEPARTMENT OF INSURANCE, SECURITIES, AND BANKING

 

NOTICE OF PROPOSED 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 (2010 Supp.)), and Mayor’s Order 2010-161, dated October 5, 2010, hereby gives notice of intent to amend chapter 20 of  Subtitle A, “Insurance,” of Title 26 of the District of Columbia Municipal Regulations in not less than thirty (30) days from the date of the publication of this notice in the D.C. Register. 

 

The chapter, as amended, will set forth the 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.

 

Subtitle A, “Insurance,” of Title 26 of the District of Columbia Municipal Regulations is amended as follows:

 

Chapter 20 is repealed in its entirety and replaced with:

 

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 (Program), a Health Center shall apply for and obtain a certification from the Commissioner of the Department of Insurance, Securities, and Banking (Commissioner).  The term “Health Center” shall have the same meaning as used in section 2(8) of the District of Columbia Medical Liability Captive Insurance Agency Establishment Act of 2008 (Act), effective July 18, 2008 (D.C. Law 17-196; D.C. Official Code § 1-307.81(8)).

 

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; and

 

(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 Act.

 

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 under the Program, either:

 

(a)        A complete application containing all of the information listed in

            § 2000.2;

 

(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 § 2000.2; or

 

(c)        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 § 2000.2. 

 

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 Program.  A Health Center that is no longer eligible to participate in the Program shall be subject to having its insurance coverage cancelled or not 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 this chapter, or otherwise becomes ineligible to participate in the Program.

 

 

Persons desiring to comment on these proposed rules should submit comments in writing to Commissioner Gennet Purcell, Department of Insurance, Securities, and Banking, 810 First Street, N.E., Suite 701, Washington, D.C. 20002.  Comments must be received no later than thirty (30) days after the date of publication of this notice in the D.C. Register.  Copies of the proposed rules may be obtained from the Department at the address above.