District of Columbia Administrative Code

5609 DISTRIBUTIONS 5609.1 Any proposed distribution by a certified capital company pursuant to section 7(b) of the Act shall be audited by a nationally recognized certified public accounting firm acceptable to the Commissioner, if the Commissioner directs that an audit be conduct…

5610 TRANSFER OF PREMIUM TAX CREDITS 5610.1 Within fifteen (15) days after the transfer or sale of premium tax credits, the transferring certified investor shall notify the Commissioner in writing of the: (a) Name of the new holder of the transferred premium tax credits; (b) Amou…

5611 FILINGS, NOTICES AND WRITTEN COMMUNICATIONS 5611.1 All filings, notices and other communications required or permitted under the Act or this chapter shall be in writing and shall delivered by hand, courier, or registered or certified U.S. Mail, postage prepaid, addressed to:…

5612 FULL INVESTMENT 5612.1 Except as provided in § 5612.2, a certified capital company that has invested an amount cumulatively equal to one hundred percent (100%) of its certified capital in qualified investments shall not be subject to the regulation of the Commissioner provid…

5613 FORMS 5613.1 The forms set forth below, as well as any instructions accompanying them, are hereby adopted and incorporated by reference into these rules: (a) Form CAP-1, Application for Certification; (b) Form CAP-2, Premium Tax Credit Allocation Request Form; and (c) Form C…

5614 ECONOMIC IMPACT STUDY AND ANNUAL REVIEW 5614.1 The Commissioner shall conduct an annual economic impact study of the certified capital companies to determine their economic impact on the District’s economy beginning with the year ending December 31, 2009 through December 31,…

5699 DEFINITIONS As used in this chapter, the following terms shall have the meanings indicated: Act – the Certified Capital Companies Act of 2003, effective March 10, 2004 (D.C. Law 15-87; D.C. Official Code §§ 31-5231, et seq.). Applicant -- a person who files an Application fo…

5800 APPLICABILITY 5800.1 This chapter shall apply to any solicitation, sale, or purchase of, or advice made in connection with, a life insurance or annuity product by an insurance producer. SOURCE: Final Rulemaking published at 57 DCR 6723 (July 30, 2010). AUTHORITY: DC-DCMR Sec…

5801 PROHIBITED USE OF SENIOR-SPECIFIC CERTIFICATIONS AND PROFESSIONAL DESIGNATIONS 5801.1 The use, directly or indirectly, through publications or writings, or by issuing or promulgating analyses or reports, of a senior-specific certification or professional designation by any p…

5899 DEFINITIONS 5899.1 For the purposes of this chapter, the following terms shall have the means ascribed: Financial services regulatory agency - includes, but is not limited to, an agency that regulates insurers, insurance producers, broker-dealers, investment advisers, or inv…

600 PURPOSE 600 The District of Columbia Automobile Insurance Plan (the "Plan") shall keep its Constitution and Plan of Operation on file at the Plan's headquarters and make copies of these documents available to members of the public upon request. Individuals desiring copies of …

800 GENERAL PROVISIONS 800.1 Taxicabs shall continue to be subject to the rates of Insurance set forth in § 801.3. The provisions of § 10 of the Compulsory/No-Fault Motor Vehicle Insurance Act of 1982 Amendments Act of 1985, are applicable to taxicab insurance policies. 800.2 Eac…

801 PREMIUMS 801.1 Policy durations shall be for a term of not less than 6 months, except that the initial term for a new policyholder may be for a period of less than six (6) months, in which case the premium shall be computed on a pro-rata basis. The initial premium for a polic…

802 DIVIDENDS 802.1 No dividends to policyholders or stockholders shall be paid or declared by a domestic company without the prior written approval of the Commissioner.

803 OFFICERS AND EMPLOYEES 803.1 All officers and employees of domestic companies shall at all times be covered by a "primary commercial blanket fidelity bond" in the amount of not less than $15,000.00. These bonds shall include by endorsement or otherwise a provision requiring t…

804 INVESTMENTS IN BONDS OR NOTES 804.1 No investment in bonds or notes secured by mortgages or deeds of trust on real estate or perpetual lease thereon shall be made by any company which has surplus amounting to less than that required by Section 13 of the Fire and Casualty Act.…

8200 LICENSURE PROCEDURES 8200.1 An individual or business entity seeking to development, construct, operate, purchase, or expand a continuing care facility (“applicant”) shall apply for a license in accordance with the procedures contained in this section. All forms referred to …

8201 REVOCATION, SUSPENSION OR DENIAL OF LICENSE; ADMINISTRATIVE PENALTIES 8201.1 The suspension, revocation, denial, and administrative penalty processes provided in this section shall apply to a Start-Up Certificate, Preliminary Certificate, Permanent License, and Restricted or…

8202 SALE OR TRANSFER OF OWNERSHIP The sale or transfer of ownership process in section 104 of the Act shall apply to the holder of a Start-Up Certificate, Preliminary Certificate, Permanent License, and Restricted or Conditional License. Source: Notice of Final Rulemaking publis…

8203 STANDARDIZED DISCLOSURE STATEMENT FORMAT All disclosure statements shall be prepared following a standardized format issued by the Commissioner, which the Commissioner may update as necessary. Source: Notice of Final Rulemaking published at 53 DCR 1399 (February 24, 2006); a…

8204 HEALTH AND FINANCIAL CONDITIONS FOR ACCEPTANCE The health and financial conditions for acceptance as a resident shall appear within the disclosure statement. The disclosure statement shall also include any conditions related to the acceptance conditions required by the provi…

8205 FINANCIAL STATEMENTS AND COMPILED FIVE-YEAR FORECASTS 8205.1 Certified financial statements, as required by section 105(a)(10) of the Act, and compiled five (5) year forecasts, as required by section 105(a)(12) of the Act, shall be prepared by an independent certified public…

8206 COMPILED FIVE-YEAR FORECAST 8206.1 The compiled five (5) year forecast shall consist of the following: (a) A balance sheet including, at a minimum, individual categories or line items that sum into the following subtotals: (1) Current assets; (2) Restricted assets, including…

8207 INFORMATION REQUIRED OF PROPOSED OR DEVELOPMENT STAGE FACILITIES APPLICABLE TO FACILITIES SEEKING TO EXPAND The Commissioner may require all or part of the information listed in section 105(a)(14) of the Act be provided by existing continuing care facilities that apply to ex…

8208 INSOLVENCY OR HAZARDOUS FINANCIAL CONDITION 8208.1 The Commissioner may deem a provider or continuing care facility that has a negative fund balance to be insolvent or in imminent danger of becoming insolvent if any of the following hazardous financial condition standards or…

8209 BOOKS AND RECORDS 8209.1 Each provider shall maintain its books and records in the District of Columbia and shall not remove from the District of Columbia its books and records without the permission of the Commissioner. 8209.2 Each provider shall maintain its books and reco…

8299 DEFINITIONS For the purposes of this chapter, the following words and phrases shall have the meanings ascribed: Act – the Continuing Care Retirement Communities Act of 2004, effective April 6, 2005 (D.C. Law 15-270; D.C. Official Code § 44-151.01 et seq.)(2005 Supp.) Break e…

8400 PURPOSE 8400.1 The purpose of this chapter is to require insurers to establish a system to supervise recommendations and to set forth standards and procedures for recommendations to consumers that result in transactions involving annuity products so that the insurance needs …

8401 SCOPE 8401.1 This chapter shall apply to any recommendation to purchase, exchange or replace an annuity made to a consumer by an insurance producer, or an insurer where no producer is involved, that results in the recommended purchase, exchange or replacement transaction bei…

8402 EXEMPTIONS 8402.1 Unless otherwise specifically included, this chapter shall not apply to transactions involving: (a) Direct response solicitations where there is no recommendation based on information collected from the consumer pursuant to this chapter; or (b) Contracts us…

8403 DUTIES OF INSURERS AND INSURANCE PRODUCERS 8403.1 In recommending the purchase or exchange of an annuity to a consumer that results in an insurance transaction or series of insurance transactions, the insurance producer, or the insurer where no producer is involved, shall ha…

8404 INSURANCE PRODUCER TRAINING 8404.1 An insurance producer shall not solicit the sale of an annuity product unless the insurance producer has adequate knowledge of the product to recommend the annuity and the insurance producer is in compliance with the insurer’s standards for…

8405 COMPLIANCE MITIGATION; PENALTIES 8405.1 An insurer is responsible for compliance with this chapter. If a violation occurs, either because of the action or inaction of the insurer, or its insurance producer, the commissioner may order: (a) An insurer to take reasonably approp…

8406 RECORDKEEPING 8406.1 Insurers, general agents, independent agencies and insurance producers shall maintain and make available to the Commissioner upon request records of the information collected from the consumer and other information used in making the recommendations that…

8407 EFFECTIVE DATE 8407.1 This chapter shall take effect six (6) months after the date the rules become effective. Source: Notice of Final Rulemaking published at 57 DCR 12209, 12216 (December 24, 2010). AUTHORITY: DC-DCMR The Commissioner of the Department of Insurance, Securit…

8499 DEFINITIONS 8499 For the purposes of this chapter, the term: Annuity means an annuity that is an insurance product under District of Columbia law and individually solicited, whether the product is classified as an individual or group annuity. Commissioner means the Commissio…

8800 CLAIM FORM FOR MENTAL HEALTH SERVICES 8800.1 When a health insurer requests a treatment plan from a provider who provides mental health services, the health insurer shall require the provider to submit the information on the “Release of Mental Health Information for Outpatie…

8899 DEFINITIONS 8899.1 “Health benefits plan” means any accident and health insurance policy or certificate, hospital and medical services corporation contract, health maintenance organization subscriber contract, plan provided by a multiple employer welfare arrangement, or plan…

8900 GENERAL PROVISIONS 8900.1 The provisions of this chapter are adopted under authority of D.C. Official Code §§ 47-5101 et seq. 8900.2 The provisions of this chapter shall become effective with respect to taxable years commencing after December 31, 2018. SOURCE: Final Rulemaki…

8901 EXEMPT INDIVIDUALS 8901.1 An individual is an exempt individual, and is not required to maintain the minimum essential coverage specified in D.C. Official Code § 47-5102(a), for a month that includes a day with respect to which the individual: (a) Was a non-citizen of the Un…

8902 MEC PLANS BY FEDERAL APPROVAL PRIOR TO 2018 8902.1 Sponsors that sought recognition for the specific plans listed as minimum essential coverage (“MEC”) from the U.S. Secretary of Health and Human Services and received recognition on or before December 15, 2017, shall have pl…

8999 DEFINITIONS 8999.1 For the purposes of this chapter, the following words, terms, and phrases shall have the following meanings, unless otherwise required by the context of this chapter: D.C. HealthCare Alliance - the program established pursuant to Section 7 of the Health Ca…

900 LIABILITY INSURANCE REQUIRED 900.1 No ambulance license shall be issued unless and until there is in full force and effect liability insurance for the term of the license in the form and for at least the minimum limits prescribed in this section. 900.2 No ambulance license sh…

901 LIABILITY INSURANCE COVERAGE 901.1 Insurance coverage shall be pursuant to the terms, conditions, and limitations of the Insurance Policy defined in §999 unless otherwise specified. 901.2 Upon cancellation by the insured, the company shall mail written notices to the Departme…

902 LIMITS OF LIABILITY INSURANCE 902.1 A minimum limit of $100,000 each person and $500,000 each occurrence under Section A, Bodily Injury Liability, of the Insurance Policy is required. A minimum limit of $100,000 each occurrence under Section B, Property Damage Liability, of t…

903 INSURANCE POLICY DISTRIBUTION 903.1 On or before the effective date of coverage, Insurance Companies shall submit an original policy to the named insured and comparable evidence of the policy to the Departments of Consumer and Regulatory Affairs, Human Services, and Public Wo…

904 PENALTIES 904.1 Penalties provided in Chapter 15, Title 35 of the D.C. Code, 1981 edition, Chapter 5 of DCMR Title 29, and §310 of Chapter 3 of this title.

999 DEFINITIONS 999.1 For the purposes of this chapter, the following words and phrases shall have the meaning ascribed: Ambulance - any privately or publicly owned vehicle specially designed, constructed, modified or equipped for use as a means for transporting persons in an eme…

100 [RESERVED] SOURCE: Final Rulemaking published at 40 DCR 6732 (September 24, 1993); as amended by Emergency Rulemaking published at 48 DCR 1987 (March 2, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 4106 (May 11, 2001).