(a) A multiple employer welfare arrangement that is not fully insured, as described in subsection (c) of this section, shall not operate in the District or market, offer, or issue a health benefit plan to any individual or employer in the District without first meeting the requirements for, and becoming licensed as, an insurer, a hospital and medical services corporation, a fraternal benefit society, or a health maintenance organization.
(b) The existence of contracts of reinsurance shall not be considered in determining whether a multiple employer welfare arrangement is fully insured.
(c) For the purposes of this section, a multiple employer welfare arrangement is not fully insured unless the covered benefits it provides are:
(1) Insured on a direct basis by an insurance company licensed to transact the business of insurance in District; or
(2) Arranged for or provided on a direct basis by
(A) A hospital and medical services corporation;
(B) A fraternal benefit society;
(C) A health maintenance organization licensed in the District; or
(D) Any combination of these entities.
(Apr. 13, 1999, D.C. Law 12-209, § 313c; as added Mar. 22, 2019, D.C. Law 22-266, § 2(e), 66 DCR 1423.)
Structure District of Columbia Code
Title 31 - Insurance and Securities
Chapter 33 - Health Insurance Portability and Accountability
Subchapter III - Group Insurance
§ 31–3303.01. Application of subchapter
§ 31–3303.02. Availability of health benefit plans to small employers
§ 31–3303.04. Reference to plan sponsor
§ 31–3303.07. Limitation on preexisting condition exclusion period
§ 31–3303.08. Disclosure of information
§ 31–3303.09. Eligibility to enroll
§ 31–3303.11. Rules used to determine group size
§ 31–3303.12. Affiliation period
§ 31–3303.13. Alternative methods
§ 31–3303.13a. Treatment of certain multiple employer welfare arrangements
§ 31–3303.13b. License requirement for non-District multiple employer welfare arrangements
§ 31–3303.13c. Licensing requirement for certain multiple employer welfare arrangements
§ 31–3303.13d. Short-term, limited-duration health insurance