For the purposes of this part, the term:
(1) “Advisory Council” means the advisory council established by § 1-307.85.
(2) “Agency” means the District of Columbia Medical Liability Captive Insurance Agency.
(3) “Captive manager” means the person appointed by the Risk Officer pursuant to § 1-307.84(b) to run the day-to-day affairs of the Agency.
(4) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.
(5) “Fund” or “Medical Liability Captive Trust Fund” means the Medical Liability Captive Trust Fund established under § 1-307.91.
(6) “Federally qualified health center” shall have the same meaning as provided in section 1861(aa)(4) of the Social Security Act, approved August 14, 1935 (79 Stat. 313; 42 U.S.C. § 1395x(aa)(4)).
(7) “Gap coverage” means coverage for medical malpractice risks of the District's Federally Qualified Health Centers not covered through the Federal Tort Claims Act, approved August 2, 1946 (60 Stat. 847; 15 U.S.C. § 41 et seq.).
(8) “Health center” means a health center or service that:
(A) Has obtained all licenses, permits, and certificates of occupancy or need that are required as a precondition to lawful operation in the District;
(B) Is a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(3));
(C) Is certified by the Commissioner to meet the requirements of this part; and
(D) Accepts and provides services to individuals regardless of ability to pay; provided, that a health center may accept payment from:
(i) Health insurance providers for services rendered, if a patient has such insurance coverage and consents in writing to the filing of a claim for benefits to which the patient is eligible; and
(ii) Patients on a sliding fee scale.
(9) “Operational” means that the Council has approved insurance policies for the health centers covered under part B of this subchapter.
(10) “Risk Officer” means the Chief Risk Officer, established by Reorganization Plan No. 1 of 2003, effective December 15, 2003 [D.C. Official Code, subchapter XVIII, Chapter 15, Title 1].
(11) “Tail coverage” means liability insurance purchased by an insured to extend the insurance coverage beyond the end of the policy period of a liability policy written on a claims-made basis.
(12) “Volunteer service provider” means any person licensed to practice in the District who provides health-care, rehabilitative, social, or related administrative services:
(A) At a health center;
(B) To or with respect to a patient of the health center; and
(C) Without receiving payment from the District government for the performance of those services.
CREDIT(S)
(July 18, 2008, D.C. Law 17-196, § 2, 55 DCR 6261.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 17-196, the “District of Columbia Medical Liability Captive Insurance Agency Establishment Act of 2008”, was introduced in Council and assigned Bill No.17-513 which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted on first and second readings on April 15, 2008, and May 6, 2008, respectively. Signed by the Mayor on May 21, 2008, it was assigned Act No. 17-390 and transmitted to both Houses of Congress for its review. D.C. Law 17-196 became effective on July 18, 2008.