Title 31 — Insurance and Securities.

(1) “American Health Benefit Exchange” means an entity established pursuant to § 31-3171.04, and section 1311(b) of the Federal Act. (2) “Authority” means the District of Columbia Health Benefit Exchange Authority established by § 31-3171.02. (3) “Commissioner” means the Commissi…

(a) There is established, as an independent authority of the District government, the District of Columbia Health Benefit Exchange Authority. The Authority shall be an instrumentality, created to effectuate the purposes stated in this chapter, that shall have a legal existence se…

(a) There is established as a nonlapsing fund the District of Columbia Health Benefit Exchange Authority Fund (“Fund”), which shall be administered by the Authority in accordance with generally accepted accounting principles and which shall be used solely for the purposes set for…

(a) The Authority shall: (1) Establish the American Health Benefit Exchange to assist qualified individuals in the District with enrollment in qualified health plans; (2) Establish a SHOP Exchange through which qualified employers may access coverage for their employees and shall…

(a) There is established an executive board to govern the Authority consisting of: (1) Seven voting members, who shall be residents of the District of Columbia, appointed by the Mayor, with the advice and consent of the Council pursuant to § 1-523.01(f). (2) Four nonvoting, ex-of…

(a) Subject to any limitations under this chapter, or other applicable law, the executive board shall have all the powers necessary to carry out the functions authorized by the Federal Act and consistent with the purposes of the Authority. (b) The enumeration of specific powers i…

(a) In addition to the executive board, there shall be a standing advisory board consisting of 9 members, who shall be residents of the District. (b) The executive board may create additional advisory boards as it considers appropriate. (c) The executive board shall solicit the r…

(a) The executive board shall hire an executive director within 60 days of a majority of executive board members being confirmed to organize, administer, and manage the operations of the Authority. (1) The executive director shall not be an employee in the career service and shal…

(a) To be certified as a qualified health plan, a health benefit plan shall, at a minimum: (1) Provide the essential health benefits package described in section 1302(a) of the Federal Act; except, that the plan is not required to provide essential benefits that duplicate the min…

(a) A carrier that offers individual or small group health benefit plans shall offer such plans solely through the American Health Benefit Exchange, as established pursuant to § 31–3171.04(a), subject to the following transition provisions: (1) Individual health benefit plans wit…

(a) An insurance producer that is licensed in the District and authorized by the Commissioner to sell, solicit, or negotiate health insurance pursuant to Chapter 11A of Title 31 [§ 31-1131.02 et seq.], may sell any qualified health plan offered in the American Health Benefit Exch…

(a)(1) A member of the executive board or of the staff of the Authority shall not be employed by, a consultant to, a member of the board of directors of, affiliated with, or otherwise a representative of, a health carrier or other insurer, an agent or broker, a health professiona…

The executive and advisory boards shall be subject to subchapter IV of Chapter 5 of Title 2 [§ 2-571 et seq.]; except, that the executive board may hold closed sessions when considering matters related to litigation, personnel, contracting, or rates.

There shall not be any liability, in a private capacity, on the part of the executive or advisory board members, or any officer, or employee of the executive or advisory board, for or on account of any act performed or obligation entered into in an official capacity when done in …

(a) Nothing in this chapter, and no action taken by the Authority pursuant to this chapter, shall be construed to preempt or supersede the authority of the Commissioner to regulate the business of insurance within the District. Except as expressly provided to the contrary in this…

Notwithstanding any other provision of this chapter, all powers and authority vested by this chapter in the Authority shall remain with the Mayor until: (1) A majority of members of the executive board have been confirmed by the Council; and (2) The executive board has hired an e…

Upon dissolution, liquidation, or other termination of the Authority: (1) All rights and properties of the Authority shall pass to and be vested in the District, subject to the rights of lien holders and other creditors; (2) Any net earnings of the Authority, beyond that necessar…

(a) The executive board shall: (1) Study, in consultation with the advisory boards established under this chapter and with other stakeholders: (A) The feasibility and desirability of the Authority engaging in: (i) Selective contracting, either through competitive bidding or a neg…

(a) The Authority, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this chapter. (b) The Authority shall submit all proposed rules adopted by the Authority to the Council for a 30-day period of review, excluding…

(a) This chapter shall apply through September 30, 2014. (b) Beginning on October 1, 2014, this chapter shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.