For the purposes of this part, the term:

(1) “Advisory Council” means the advisory council established by § 1-307.85.

(2) “Agency” means the Captive Insurance Agency.

(2A) “Act of terrorism” shall have the same meaning as provided in § 22-3152(1).

(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.

(4A) "District personal property asset" means property, other than a District real property asset, that is owned by the District.

(4B) “District real property asset” means improved real property owned by the District and includes all structures of a permanent character erected on or affixed to the property.

(5) “Fund” or “Captive Trust Fund” means the 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.

(8A) "Liability insurance" means an insurance policy that pays, or renders a service on behalf of, the insured for losses arising out of a legal liability to others.

(8B) “Medical malpractice” means professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error.

(9) “Operational” means that the Council has approved insurance policies for the health centers covered under part B of this subchapter.

(9A) "Personal property insurance" means an insurance policy that protects against risks to personal property.

(9B) "Real property insurance" means an insurance policy that protects against risks to real property such as earthquakes, floods, acts of terrorism, fire, boiler or machinery failures, business interruptions, pollution, debris removal, and weather damage.

(10) “Risk Officer” means the Chief Risk Officer, established by Reorganization Plan No. 1 of 2003, effective December 15, 2003 [§ 1-1518.01].

(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.

(July 18, 2008, D.C. Law 17-196, § 2, 55 DCR 6261; Dec. 24, 2013, D.C. Law 20-61, § 1032(a), 60 DCR 12472; July 3, 2018, D.C. Law 22-123, § 2(a), 65 DCR 5088.)

The 2013 amendment by D.C. Law 20-61 substituted “Captive Insurance Agency” for “District of Columbia Medical Liability Captive Insurance Agency” in (2); substituted “Captive” for “Medical Liability Captive” twice in (5); and added (2A), (4A), (8A), and (9A).

For temporary (90 days) amendment of this section, see § 2(a) of the Captive Earthquake Property Insurance Emergency Act of 2013 (D.C. Act 20-39, March 20, 2013, 60 DCR 4663, 20 DCSTAT 523).

For temporary (90 days) amendment of this section, see § 2(a) of the Captive Earthquake Property Insurance Congressional Review Emergency Act of 2013 (D.C. Act 20-85, June 19, 2013, 60 DCR 9536, 20 DCSTAT 1441).

For temporary (90 days) amendment of this section, see § 1032(a) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 1032(a) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (225 days) amendment of this section, see § 2(a) of the Captive Earthquake Property Insurance Temporary Amendment Act of 2013 (D.C. Law 20-9, June 22, 2013, 60 DCR 6407, 20 DCSTAT 1277).

Section 1031 of D.C. Law 20-61 provided that Subtitle D of Title I of the act may be cited as the “Captive Insurance Amendment Act of 2013”.

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.