776696 Errata Notice - Medical Malpractice Liability Hearing Rules and Rate Filing Requirements

OFFICE OF DOCUMENTS AND ADMINISTRATIVE ISSUANCES

AND

DEPARTMENT OF INSURANCE, SECURITIES AND BANKING

ERRATA NOTICE

The Administrator of the Office of Documents and Administrative Issuances (ODAI), pursuant to the authority set forth in section 309 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1203; D.C. Official Code § 2-559), and the Commissioner of the Department of Insurance, Securities and Banking (DISB), pursuant to the authority set forth in section 101(b) of the Medical Malpractice Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-263; D.C. Official Code §§ 31-2703(f-1)(1)(B) and (f-1)(3)), hereby gives notice of the corrections to the District of Columbia Municipal Regulations (DCMR) as amended by a Notice of Final Rulemaking published in the D.C. Register  and issued by the Department of Insurance, Securities and Banking on December 12, 2008 at 55 DCR 12490.

The Notice of Final Rulemaking created a new chapter 53 entitled, “Medical Malpractice Liability Hearing Rules and Rate Filing Requirements.”  This Errata Notice corrects the numbering scheme in section 5303, “Adjustments of Rates,” and section 5304, “Mandatory Hearings.”

Chapter 3, “Rules of the Office of Documents and Administrative Issuances,” of Title 1 of the District of Columbia Municipal Regulations (DCMR) contains the rules governing the drafting of rules and regulations.  Section 313, “D.C. Municipal Regulations: Structure and Format,” provides the regulations pertaining to the format of the DCMR and how regulations should be drafted in order to conform to the DCMR’s format.  When drafting subparagraphs, an outline style is to be used: (1, 2, 3 . . . ), ((1)(A), (1)(B),(1)(C) . . .), ((1)(A)(i), (1)(A)(ii), (1)(A)(iii) . . . ). See 1 DCMR § 313.9(g). 

This Errata Notice corrects the numbering scheme in subsections 5303.4 and 5304.3 so as to conform to the DCMR structure and format.  Subsections 5303.4 and 5304.3 shall read as follows:

5303.4             An order of adjustment shall not affect any contract or policy made or issued prior to the effective date of the order unless:

(a)        The adjustment is substantial and exceeds the cost to the companies of making the adjustment; and

(b)        The order is made after the prescribed investigation and hearing and within 30 days after the filing of the rates affected.

5304.3             A person who wishes to apply for status as a party for a hearing shall file with the Commissioner a statement, in not less than five (5) days prior to the date set for the hearing, that includes the prospective party’s name and address, the name and address of any legal counsel, whether the prospective party is a proponent or opponent of the rate filing, a list of witnesses who will be called to testify, the manner in which the prospective party may be affected or aggrieved by the action, and the extent to which the prospective party satisfies one or more of the following qualifications:

(a)        Expertise in the insurance laws of the District of Columbia;

(b)        An understanding of the actuarial principles employed in establishing rates and rating systems;

(c)        Sufficient access to a qualified actuary and sufficient expertise to conduct a technical examination of a rate filing;

(d)       Sufficient resources to participate in the hearing process; or

(e)        A demonstrated commitment to represent the interest of consumers and accept a duty of fidelity to do so.

Any questions or comments regarding this notice shall be addressed by mail to the Administrator, Office of Documents and Administrative Issuances, 441 4^th Street, N.W., Suite 520 South, Washington, D.C. 20001, or via telephone at [phone].