District of Columbia Code
Chapter 22A - Unfair Insurance Trade Practices
§ 31–2231.20a. Prohibition on offsetting short-term disability benefits

*NOTE: This section includes amendments by emergency legislation that will expire on January 23, 2023. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*
(a) No insurer may offset or reduce benefits or income available to an eligible individual under an individual or group policy for temporary or short-term disability insurance based on estimated or actual benefits the eligible individual may or does receive under subchapter IV of Chapter 5 of Title 32, regardless of the jurisdiction in which the policy was issued, executed, written, or delivered.
(b) Subsection (a) of this section shall not apply to the actions of a self-insured employer or to the actions of an insurer to the extent the insurer is acting on behalf of a self-insured employer as a third-party administrator for the self-insured employer.
(c) For the purposes of this section, the term:
(1) "Eligible individual" shall have the same meaning as provided in § 32-541.01(6).
(2) "Self-insured employer" shall have the same meaning as provided in § 32-541.01(19A).
(Apr. 3, 2001, D.C. Law 13-265, § 120a; as added Nov. 13, 2021, D.C. Law 24-45, § 4067, 68 DCR 010163; Oct. 25, 2022, D.C. Act 24-594, § 3, 0 DCR 0.)
For temporary (90 days) amendment of this section, see § 3 of Short-Term Disability Insurance Benefit Protection Clarification Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-594, Oct. 25, 2022, 0 DCR 0).
For temporary (90 days) amendment of this section, see § 3(b) of Short-term Disability Insurance Benefit Protection Clarification Emergency Amendment Act of 2022 (D.C. Act 24-542, July 27, 2022, 0 DCR 0).
For temporary (90 days) creation of this section, see § 4067 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).
For temporary (90 days) creation of this section, see § 3 of Short-term Disability Insurance Benefit Protection Emergency Amendment Act of 2021 (D.C. Act 24-90, May 26, 2021, 68 DCR 005853).
For temporary (225 days) creation of this section, see § 3 of Short-term Disability Insurance Benefit Protection Temporary Amendment Act of 2021 (D.C. Law 24-18, July 29, 2021, 68 DCR 006100).

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