Code of the District of Columbia

§ 31–104.01. Emergency authority of the Commissioner during a declared public health emergency.

(a) For the duration of a public health emergency declared by the Mayor pursuant to § 7-2304.01, and to address the circumstances giving rise to that emergency, the Commissioner may issue emergency rulemaking, orders, or bulletins that:

(1) Apply to any person or entity regulated by the Commissioner; and

(2) Address:

(A) Submission of claims or proof of loss;

(B) Grace periods for payment of premiums and performance of other duties by insureds;

(C) Temporary postponement of:

(i) Cancellations;

(ii) Nonrenewals; or

(iii) Premium increases;

(D) Modifications to insurance policies;

(E) Insurer operations;

(F) Filing requirements;

(G) Procedures for obtaining nonelective health care services;

(H) Time restrictions for filling or refilling prescription drugs;

(I) Time frames applicable to an action by the Commissioner under this section;

(J) Temporarily waiving application of laws, rulemaking, or requirements to ensure that depository services, non-depository services, and securities transactions can continue to be provided, including allowing for the opening of a temporary service location, which may be a mobile branch, temporary office space, or other facility; and

(K) Any other activity related to insurance, securities, and banking and under the purview of the Commissioner reasonably calculated to protect the health, safety, and welfare of District residents during the public health emergency.

(b) The Commissioner may require licensees to answer questions related to, and submit documentation of, the licensee's continuity of operations plan.

(c)(1) To accomplish the purposes of this section, the Commissioner may issue emergency rulemaking, orders, or bulletins pursuant to this section specifying:

(A) That the rulemaking, order, or bulletin is effective immediately;

(B) The line or lines of business or the class or classes of licenses to which the regulation, order, or bulletin applies;

(C) The geographic areas to which the regulation, order, or bulletin applies; and

(D) The period of time for which the regulation, order, or bulletin applies.

(2) A regulation issued under paragraph (1) of this subsection may not apply for longer than the duration of the effects of a declared public health emergency.


(May 21, 1997, D.C. Law 11-268, § 5a; as added June 8, 2020, D.C. Act 23-328, § 310, 67 DCR 7598.)