Code of the District of Columbia

Chapter 34B. Health Reform Federal Compliance.


§ 31–3461. Compliance with federal health reform.

(a) Sections 1251, 1252, and 1304 of the Patient Protection and Affordable Care Act, approved March 23, 2010 (124 Stat. 119; 42 U.S.C. §§ 18011, 18021, and 18024), and sections 2701 through 2709, 2711 through 2719A, and 2794 of the Public Health Service Act, approved July 1, 1944 (58 Stat. 682; 42 U.S.C. §§ 300gg, 300gg-1, 300gg-2, 300gg-3, 300gg-4, 300gg-5, 300gg-6, 300gg-7, 300gg-8, 300gg-9, 300gg-11, 300gg-12, 300gg-13, 300gg-14, 300gg-15, 300gg-15A, 300gg-16, 300gg-17, 300gg-18, 300gg-19, 300gg-19A, and 300gg-94), (collectively "federal health acts") and any rules issued pursuant to the federal health acts, as the sections and implementing regulations were in effect on December 15, 2017, are incorporated by reference and shall apply to all insurers, hospital and medical services corporations, health maintenance organizations, and multiple employer welfare arrangements, including associations or any other entities providing a health benefit plan to a small employer, as that term is defined in § 31-3301.01(42), or an individual, that deliver or issue for delivery individual or group health insurance policies, contracts, or certificates of coverage in the District.

(b) The Commissioner of the Department of Insurance, Securities and Banking (“Commissioner”) has the authority to take action to enforce violations of subsection (a) of this section pursuant to the Commissioner’s authority under subchapter I of Chapter 1 of this title [§ 31-101 et seq.].

(c) The Commissioner, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this section.


(May 2, 2015, D.C. Law 20-265, § 101, 62 DCR 1529; Mar. 22, 2019, D.C. Law 22-266, § 4(a), 66 DCR 1423.)

Emergency Legislation

For temporary (90 days) creation of new § 31-3462, see § 4(b) of Health Insurance Marketplace Improvement Emergency Amendment Act of 2018 (D.C. Act 22-526, Dec. 10, 2018, 65 DCR 13424).

For temporary (90 days) amendment of this section, see § 4(a) of Health Insurance Marketplace Improvement Emergency Amendment Act of 2018 (D.C. Act 22-526, Dec. 10, 2018, 65 DCR 13424).

Temporary Legislation

For temporary (225 days) creation of new § 31-3462, see § 4(b) of Health Insurance Marketplace Improvement Temporary Amendment Act of 2018 (D.C. Law 22-251, Mar. 15, 2019, 66 DCR 975).

For temporary (225 days) amendment of this section, see § 4(a) of Health Insurance Marketplace Improvement Temporary Amendment Act of 2018 (D.C. Law 22-251, Mar. 15, 2019, 66 DCR 975).


§ 31–3462. Applicability of federal health acts to multiple employer welfare arrangements.

(a) Requirements in the federal health acts incorporated by reference in § 31-3461(a) that apply to the small group market shall apply to health benefit plans offered by multiple employer welfare arrangements including associations or any other entity, if the plan covers an employee of a small employer, as that term is defined in § 31-3301.01(42), in the District.

(b) Requirements in the federal health acts incorporated by reference in § 31-3461(a) that apply to insurers in the individual market shall apply to health benefit plans offered by multiple employer welfare arrangements, including associations or any other entities, if the plan covers an individual in the District who is not an employee or dependent of a participating employer.


(May 2, 2015, D.C. Law 20-265, § 101a; as added Mar. 22, 2019, D.C. Law 22-266, § 4(b), 66 DCR 1423.)