To amend, on an emergency basis, the Health Care Privatization Amendment Act of 2001 to align the enrollment process and enrollment period for the DC HealthCare Alliance with requirements for DC Medicaid; to amend the Department of Health Care Finance Establishment Act of 2007 to make the funding in the Medicaid Reserve non-lapsing and to require that all unspent local funds of the Department of Health Care Finance in Fiscal Year 2021 be deposited into the Medicaid Reserve; to amend Title 47 of the District of Columbia Official Code to require that any reprogramming of funding from the Department of Health Care Finance or the Medicaid Reserve be approved by resolution in Fiscal Year 2021; and to require the Office of the Chief Financial Officer to notify the Council within 3 business days if funds in the Medicaid Reserve are no longer required for the Department of Health Care Finance.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Department of Health Care Finance Alliance Reform and Budget Transparency Emergency Amendment Act of 2021".
Sec. 2. The Health Care Privatization Amendment Act of 2001, effective July 12, 2001 (D.C. Law 14-18; D.C. Official Code § 7-1401 et seq.) is amended as follows:
Note § 7-1408
(a) Section 7c (D.C. Official Code § 7-1408) is repealed.
Note § 7-1410
(b) A new section 7e is added to read as follows:
"Sec. 7e. DC HealthCare Alliance application and recertification process.
"(a) The Mayor shall allow applicants and enrollees for the DC HealthCare Alliance program to complete initial application and recertification with the Department of Human Services:
"(1) In person; and
"(2) Through electronic means, to include a web-based portal.
"(b) Applicants for the DC HealthCare Alliance program shall not be required to:
"(1) Complete a face-to-face interview to establish eligibility for enrollment in the DC HealthCare Alliance program; or
"(2) Recertify their enrollment in person.
"(c) DC HealthCare Alliance program enrollees shall not be required to recertify more than once in a 12-month period.".
Sec. 3. The Department of Health Care Finance Establishment Act of 2007, effective February 27, 2008 (D.C. Law 17-109; D.C. Official Code § 7-771.01 et seq.), is amended as follows:
Note § 7-771.07b
(a) Section 8b(d) (D.C. Official Code § 7-771.07b(d)) is amended to read as follows:
"(d)(1) There is established as a special fund the Medicaid Reserve Fund ("Fund").
"(2) The following monies shall be deposited into the Fund:
"(A) All unspent local fund monies remaining in the operating budget of the Medicaid Reserve at the end of Fiscal Year 2021; and
"(B) All unspent local fund monies remaining in the operating budget of the Department of Health Care Finance at the end of Fiscal Year 2021.
"(3) Money in the Fund shall be used for operating expenses permitted under this section.
"(4)(A) The money deposited into the Fund, but not expended in a fiscal year, shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year or at any other time.
"(B) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.".
Note § 7-771.10a
(b) A new section 11a is added to read as follows:
"Sec. 11a. Unspent local funds.
"In Fiscal Year 2021, the Chief Financial Officer shall deposit all unspent local funds at the Department of Health Care Finance into the Medicaid Reserve at the end of the fiscal year.".
Note § 47-362
Sec. 4. Section 47-362 of the District of Columbia Official Code is amended by adding a new subsection (h) to read as follows:
"(h) Notwithstanding § 47-363, local funds appropriated for the Department of Health Care Finance and the Medicaid Reserve in Fiscal Year 2021 shall not be reprogrammed to other agencies unless the Council approves the reprogramming request by resolution.".
Note § 7-771.10a
Sec. 5. Notice.
If the Chief Financial Officer ("CFO") determines at any time prior to March 31, 2021, that all or a portion of the Fiscal Year 2021 Medicaid Reserve is not needed to ensure that the Department of Health Care Finance has sufficient funds in Fiscal Year 2021, the CFO shall notify the Council within 3 business days that funds are available to implement all or a portion of sections 201 and 202(a)(1) of the Prescription Drug Monitoring Program Query and Omnibus Health Amendments Act of 2020, passed on 2nd reading on December 15, 2020 (Enrolled version of Bill 23-890). This notice shall be provided to all Councilmembers and the Officers of the Council.
Sec. 6. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 7. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).