Code of the District of Columbia

§ 44–951.09. Budget.

*NOTE: This section includes amendments by emergency legislation that will expire on November 3, 2021. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a) The Board shall submit its proposed fiscal year 2011 operating budget and each subsequent operating budget for the Corporation to the Mayor on the date that District departments and agencies are required to submit proposed budgets to the Mayor. Prior to submission to the Mayor, the proposed operating budget must be certified by the Chief Financial Officer of the District of Columbia as being balanced.

(b)(1) If any of the conditions set forth in section 5115(l) has been met, the Fiscal Management Board shall meet no later than 45 days thereafter and approve an operating budget that requires a subsidy from the District no greater than $40 million in Fiscal Year 2021, and no greater than $22 million per year thereafter, that supports the following services:

(A) An emergency department;

(B) Behavioral health (e.g. psychiatric) services;

(C) The inpatient, outpatient, and support services necessary to provide services pursuant to subparagraphs (A) and (B) of this paragraph; and

(D) Any additional critical care services meeting a community need that the Fiscal Management Board deems viable within the budget and financial plan for UMC adopted by the Council.

(2) No later than 15 days after the approval by the Fiscal Management Board of an operating budget pursuant to paragraph (1) of this subsection, the Chief Financial Officer of the District of Columbia shall determine whether the budget approved by the Financial Management Board can be certified as meeting the requirements set forth in paragraph (1) of this subsection.

(3) The following requirements shall govern any reduction-in-force ("RIF") necessitated by an operating budget adopted pursuant to paragraph (1) of this subsection:

(A) Before implementing a RIF, the United Medical Center shall provide 30 days' notice to the affected unions.

(B) In structuring a RIF, the Fiscal Management Board shall make utmost efforts to ensure that front-line care givers and support staff are affected the least and that all reductions comply with any existing collective bargaining agreement.

(4)(A) By July 1, 2021, the Fiscal Management Board shall develop an operational plan for the Corporation with an implementation schedule providing for reductions in services and staffing necessary to meet the requirements set forth in paragraph (1) of this subsection through the time of dissolution of the Corporation under section 5130. The Fiscal Management Board shall make the best effort to ensure that the nonsupervisory employees will be the last staff to be impacted by reduction of staffing after supervisory and contracted staff have been impacted; provided, that any staffing plan or decisions regarding reductions in staffing made by the Fiscal Management Board shall prioritize the health and safety of patients.

(B) The budgetary aspects of the operational plan shall be certifiable by the Chief Financial Officer, and then, no later than 15 days after the approval by the Fiscal Management Board of an operational plan pursuant to subparagraph (A) of this paragraph, the Chief Financial Officer of the District of Columbia shall certify that the operational plan will satisfy the requirements set forth in paragraph (1) of this subsection.

(C) Beginning October 1, 2021, the Corporation shall produce quarterly financial reports subject to audit by the Chief Financial Officer measuring progress against the operational plan.

(D) Copies of such reports shall also be filed with the Secretary of the Council of the District of Columbia.

(E) The Fiscal Management Board shall make adjustments to the Corporation's budget and operations as necessary to maintain spending within the requirements of paragraph (1) of this subsection


(Sept. 14, 2011, D.C. Law 19-21, § 5120, 58 DCR 6226; Sept. 11, 2019, D.C. Law 23-16, § 5092(b), 66 DCR 8621; Aug. 5, 2021, D.C. Act 24-156, § 2(b), 68 DCR 008008.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(b) of Coronavirus Public Health Extension Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-156, Aug. 5, 2021, 68 DCR 008008).

For temporary (90 days) amendment of this section, see § 3(b) of Coronavirus Public Health Extension Emergency Amendment Act of 2021 (D.C. Act 24-79, May 19, 2021, 68 DCR 005600).

For temporary (90 days) amendment of this section, see § 5092(b) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 5092(b) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).