Title 1, Government Organization.

The provisions of this part shall not apply to the following applicants: (1) An applicant who obtains a street or alley closing or a zoning density increase for a development that includes, on or adjacent to the site of the development, an amount of housing that is equal to the a…

An applicant who obtains a street or alley closing or a zoning density increase who is required to construct or rehabilitate affordable housing pursuant to this part shall not be issued a building permit for the applicant’s commercial development until the applicant certifies to …

An applicant who obtains a street or alley closing or a zoning density increase who is required to contribute funds to a housing trust fund pursuant to this part shall proceed in accordance with the following schedule: (1) Not less than 1/2 of the required total contribution shal…

Prior to the issuance of a building permit or certificate of occupancy for the commercial development, whichever is applicable, the applicant shall certify to the District that the provisions of this part have been satisfied.

The Zoning Commission and all other agencies that have authority to adopt regulations to implement the housing linkage policies shall adopt regulations to implement the provisions of this part.

(a) The government of the District of Columbia is authorized: (1) To establish a student loan insurance program which meets the requirements of this part for a State loan insurance program in order to enter into agreements with the Commissioner for the purposes of this title; (2)…

(a)(1) In accordance with paragraph (2) of this subsection, the Mayor may submit, under title XIX of the Social Security Act (Title XIX) to the Secretary of the United States Department of Health and Human Services, a plan for medical assistance (and any modifications of the plan…

For purposes of protecting the income of the community spouse of a Medicaid beneficiary who is institutionalized, the Mayor is directed to set the minimum monthly maintenance needs allowance at the maximum level permitted under section 1924 of the Social Security Act, approved Ju…

(a) The Mayor shall establish a program to expand medical assistance to adult District residents with an annual family income up to 200% of the federal poverty level. (1) The Mayor may provide medical assistance to eligible residents by making arrangements with managed care provi…

The Mayor may enter into an agreement (and any modifications of such agreement) with the Secretary under § 1843 of the Social Security Act pursuant to which: (1) Eligible individuals (as defined in § 1836 of the Social Security Act) who are eligible to receive medical assistance …

(a) The Mayor may submit a state child health plan and modifications to the plan to the Secretary of the United States Department of Health and Human Services (“Secretary”), to enable the District to receive federal assistance under title XXI of the Social Security Act, approved …

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of § 1-307.03, § 1-307.05, and this section.

(a) No insurer may deny coverage or withhold payments under its plan for any enrollee, subscriber, policyholder, or certificateholder on the basis that such enrollee, subscriber, policyholder, or certificateholder is eligible for Medicaid pursuant to a Medicaid state plan adopted…

Where a parent is required by a court or administrative order to provide health coverage, which is available through the parent’s employer, the employer shall: (1) Permit the parent to enroll under family coverage any child who is otherwise eligible for coverage without regard to…

(a) The Mayor may garnish wages, salary, or other employment income of, and intercept, in accordance with procedures set forth in § 47-1812.11 [repealed], any amounts from District of Columbia tax payable to, any person who: (1) Is required by court or administrative order to pro…

For the purposes of this part, the term: (1) “Account holder” means a person who is the owner of an opportunity account. (2) “Administering organization” means an entity that is approved by the Mayor to implement and administer an opportunity account program. (3) “District of Col…

The Mayor shall establish in the executive branch an office to be known as the Opportunity Account Office. The office shall: (1) Provide eligible families and individuals with an opportunity to establish opportunity accounts; (2) Provide that the opportunity account shall be esta…

(a) The Mayor shall solicit proposals from private organizations to administer opportunity accounts on a nonprofit basis. Organization proposals shall include: (1) A description of the qualifications of the organization to administer an opportunity accounts program; (2) A descrip…

An administering organization shall: (1) Administer opportunity accounts in accordance with this part and all rules promulgated under this part and in conformity with the organization’s application as approved by the Mayor; (2) Establish an opportunity account reserve fund accoun…

(a) A financial institution shall not establish an opportunity account for an account holder unless the establishment of the account by the financial institution is approved by the Mayor. The Mayor may grant general approval to a financial institution to establish an opportunity …

(a) An individual whose household income does not exceed 85% of the District of Columbia median income may open an opportunity account. (b) The total balance in an opportunity account, except interested earned on matching funds or funds deposited into the account by the account h…

(a) The administering organization shall deposit into a matching funds account for the account holder matching funds of at least $2 for every dollar that the account holder deposits into the account. (b) Subject to annual available appropriations, the District of Columbia shall p…

(a) An account holder may withdraw his or her opportunity account funds or matching funds for any of the following purposes, if approved by the administering organization: (1) To pay educational costs for the account holder or a spouse, domestic partner, father, mother, child, or…

(a) An account holder may make an emergency withdrawal of his or her opportunity account funds in accordance with this section. (b) An account holder may make an emergency withdrawal for: (1) Paying the costs of medical care or the expenses necessary to obtain medical care for th…

(a) An account holder shall designate in writing a contingent beneficiary at the time the account is established. (b) In the event of the death of an account holder, ownership of the account shall be transferred to the contingent beneficiary. If the contingent beneficiary is dece…

(a) No more than 20% of the funds in the opportunity account reserve fund account shall be used for administrative costs of the opportunity account program during either of the first 2 years of an opportunity account program. No more than 15% of the funds in the opportunity accou…

Funds in an opportunity account, including accrued interest, shall not be considered in the determination of whether a person is eligible to receive, or the determination of the amount of, any public assistance or benefits.

The Mayor shall promulgate rules, in accordance with subchapter I of Chapter 5 of Title 2, to carry out the purposes and functions of this part.

The Mayor shall provide a comprehensive report on the costs and benefits of the administration of the Opportunity Account Office and opportunity account programs to the Council 18 months after April 3, 2001, and every 2 years thereafter.

For the purposes of this part, the term: (1) “Advisory Council” means the advisory council established by § 1-307.85. (2) “Agency” means the Captive Insurance Agency. (2A) “Act of terrorism” shall have the same meaning as provided in § 22-3152(1). (3) “Captive manager” means the …

(a) There is established, as a subordinate agency, the Captive Insurance Agency. (b) The purpose of the Agency is to: (1) Provide medical malpractice liability insurance policies for health centers, including coverage for the staff, contractors, and volunteer service providers fo…

(a) The Agency shall have the authority to: (1) By delegation from the Mayor, to exercise procurement authority as is necessary or proper to carry out the provisions and purposes of this part, including contract oversight and contracting with: (A) Other insurance companies, capti…

(a) The Agency shall be administered by the Risk Officer. (b) The Risk Officer shall employ a captive manager who shall run the day-to-day affairs of the Agency and shall report to the Risk Officer. The Risk Officer shall employ such other professionals as are necessary or approp…

(a) There is established an Advisory Council to the Agency to assist and advise the Risk Officer regarding the Agency. (b) The Advisory Council shall consist of 7 members appointed by the Risk Officer. One member shall represent the District of Columbia Primary Care Association, …

(a) Prior to the offering and issuance of insurance policies, the Agency shall submit to the Commissioner for approval a plan of operation which meets the requirements of § 1-307.87. The Agency shall also submit to the Commissioner for approval any proposed material changes to th…

(a) The captive manager shall submit to the Risk Officer a plan of operation for the Agency that has been approved by the Commissioner and any amendments to the plan necessary or suitable to assure the fair, reasonable, and equitable administration of the Agency. (b) The plan of …

(a) The Risk Officer shall submit an annual report to the Mayor and the Council. (b) The report shall be filed within 60 days of the Agency filing the annual report with the Commissioner under § 1-307.86(b). (c) The report shall summarize the activities of the Agency in the prece…

(a) The Risk Officer, captive manager, and Advisory Council members shall not be liable for any obligations of the Agency. (b) The Risk Officer, captive manager, and Advisory Council members shall not be liable, or shall any cause of action of any nature arise against them, for a…

(a) The Agency shall offer: (1) Health centers medical malpractice insurance that is consistent with coverage offered in the market; and (2) Property insurance for the benefit of the District for District real property assets consistent with coverage offered in the market. (b) Th…

(a) There is established as a nonlapsing fund the Captive Trust Fund, which shall be used for the purposes set forth in subsection (b) of this section. All funds deposited in the Fund, and any interest earned thereon, shall not revert to the unrestricted fund balance of the Gener…

The Agency shall not be subject to Unit A of Chapter 3 of Title 2 or Chapter 6 of this title.

The Mayor may issue rules to implement the provisions of this part.

The District of Columbia Free Clinic Captive Insurance Company, an instrumentality established by the District of Columbia Free Clinic Captive Insurance Company Establishment Emergency Act of 2007, effective October 3, 2007 (D.C. Act 17-113; 54 DCR 9977 ), is dissolved. All of it…

This part may be cited as the “Captive Insurance Agency Establishment Act of 2008”.

For the purposes of this part, the term: (1) “Bonds” means any bonds, notes, or other instruments issued by the District pursuant to § 1-204.90 and secured by payments in lieu of taxes or other security authorized by this part. (2) “Development costs” means all costs and expenses…