1. (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.
2. (b) The existence of contracts of reinsurance shall not be considered in determining whether a multiple employer welfare arrangement is fully insured.

3. (c) For the purposes of this section, a multiple employer welfare arrangement is not fully insured unless the covered benefits it provides are:

   1. (1) Insured on a direct basis by an insurance company licensed to transact the business of insurance in District; or

   2. (2) Arranged for or provided on a direct basis by

      1. (A) A hospital and medical services corporation;
      2. (B) A fraternal benefit society;
      3. (C) A health maintenance organization licensed in the District; or
      4. (D) Any combination of these entities.

History

Apr. 13, 1999, D.C. Law 12-209, § 313c

Mar. 22, 2019, D.C. Law 22-266, § 2(e)