1. (a) A medical malpractice insurer or a medical professional liability insurer shall not take an adverse action, including refusing to issue or renew a medical malpractice or medical professional liability policy, charging a higher rate for a medical malpractice or medical professional liability policy, canceling or terminating a medical malpractice or medical professional liability policy, or imposing any sanctions, fines, penalties, or rate increases, against a health care practitioner based solely on the fact that:

   1. (1) The health care practitioner provided, facilitated, aided, or assisted, or attempted to provide, facilitate, aid, or assist (collectively "assistance") a patient or client with reproductive health care or gender-affirming care, except to the extent that the assistance is prohibited under District law; or
   2. (2) The health care practitioner's license, registration, or certification in another state had been revoked, suspended, or restricted based solely on the provision or facilitation of assistance to a patient or client with reproductive health care or gender-affirming care, except to the extent that the provision or facilitation of assistance of such care is prohibited under District law.
2. (b) This section shall apply regardless of where the patient or client resides, including if the patient or client is a resident of a state where the provision or facilitation of certain reproductive health care or gender-affirming care is illegal.
3. (c) Nothing in this section shall prohibit a medical malpractice insurer or a medical professional liability insurer from taking an adverse action against a health care practitioner for providing care that would otherwise constitute professional misconduct in the District.

4. (d) For the purposes of this section, the term:

   1. (1) "Gender-affirming care" shall have the same meaning as provided in § 2-1401.02(12A).
   2. (2) "Health care practitioner" means an individual, groups of individuals, partnership, or corporation, including a health care facility, that is licensed, certified, or otherwise authorized by law to provide professional health care services in the District to an individual.
   3. (3) "Medical professional liability insurer" means an insurer licensed to provide insurance coverage for claims brought against health care practitioners.
   4. (4) "Reproductive health care" means all supplies, care, and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative, or supportive nature, including medication, relating to pregnancy, contraception, assisted reproduction, pregnancy loss management, or the termination of a pregnancy, in accordance with the applicable standard of care as defined by major medical professional organizations and agencies with expertise in the relevant field.
5. (e) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section.

History

May 20, 1948, 62 Stat. 242, ch. 324, § 3a

Mar. 21, 2025, D.C. Law 25-305, § 2