(a) There is established as a nonlapsing fund the District of Columbia Health Benefit Exchange Authority Fund (“Fund”), which shall be administered by the Authority in accordance with generally accepted accounting principles and which shall be used solely for the purposes set forth in this chapter and the costs of administering this chapter.
(b) The Fund shall consist of:
(1) Any user fees, licensing fees, or other assessments collected by the Authority;
(2) Income from investments made on behalf of the Fund;
(3) Interest on money in the Fund;
(4) Money collected by the executive board as a result of a legal or other action;
(5) Donations;
(6) Grants;
(7) All general revenue funds appropriated by a line item in the budget submitted pursuant to § 1-204.46, and authorized by Congress for the purposes of the Authority; and
(8) Any other money from any other source accepted for the benefit of the Fund.
(c) All revenues, income from investments, proceeds, and other monies, from whatever source derived, that are collected or received by the Authority shall be deposited into the Fund. All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in this chapter without regard to fiscal year limitation, subject to authorization by Congress.
(d) The Chief Financial Officer shall invest the money of the Fund in the same manner as other District money may be invested.
(e)(1) The Authority is authorized to charge, through rulemaking:
(A) User fees;
(B) Licensing fees; and
(C) Other assessments on health carriers selling qualified dental plans or qualified health plans in the District, including qualified health plans and qualified dental plans sold outside the exchanges.
(2) User fees, licensing fees, or other assessments authorized shall not exceed reasonable projections regarding the amount necessary to support the operations of the Authority.
(3) The assessment on health carriers pursuant to subsection (f) of this section shall be a tax and licensing and regulatory fee for purposes of 45 CFR §§ 158.221(c) and 158.161(b).
(f)(1) The Authority shall annually assess, through a Notice of Assessment, each health carrier doing business in the District with direct gross receipts of $50,000 or greater in the preceding calendar year an amount based on a percentage of its direct gross receipts for the preceding calendar year. These assessments shall be deposited in the Fund.
(2) The Authority shall adjust the assessment rate in each assessable year. The amount assessed shall not exceed reasonable projections regarding the amount necessary to support the operations of the Authority.
(3) Each health carrier shall pay to the Authority the amount stated in the Notice of Assessment within 30 business days after the date of the Notice of Assessment.
(4) Failure to pay the assessment in accordance with paragraph (3) of this subsection shall subject the health carrier to § 31-1204.
(Mar. 2, 2012, D.C. Law 19-94, § 4, 59 DCR 213; Feb. 26, 2015, D.C. Law 20-155, § 5083, 61 DCR 9990; June 23, 2015, D.C. Law 21-13, § 2(b), 62 DCR 5946.)
Effect of AmendmentsThe 2015 amendment by D.C. Law 20-155 added (e)(3).
The 2015 amendment by D.C. Law 21-13 added (f).
Emergency LegislationFor temporary (90 days) amendment of this section, see § 2(b) of the Health Benefit Exchange Authority Financial Sustainability Emergency Amendment Act of 2014, (D.C. Act 20-329, May 22, 2014, 61 DCR 5363).
For temporary (90 days) amendment of this section, see § 2(b) of the Health Benefit Exchange Authority Financial Sustainability Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-395, July 29, 2014, 61 DCR 8078).
For temporary (90 days) amendment of this section, see § 5083 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).
For temporary (90 days) amendment of this section, see § 5083 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) amendment of this section, see § 5083 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
For temporary (90 days) amendment of this section, see § 2(b) of the Health Benefit Exchange Authority Financial Sustainability Emergency Amendment Act of 2015 (D.C. Act 21-17, Mar. 26, 2015, 62 DCR 3853, 21 DCSTAT 849).
Temporary LegislationFor temporary (225 days) amendment of this section, see § 2(b) of the Health Benefit Exchange Authority Financial Sustainability Temporary Amendment Act of 2014 (D.C. Law 20-133, Aug. 8, 2014, 61 DCR 6340).
For temporary (225 days) amendment of this section, see § 2(b) of the Health Benefit Exchange Authority Financial Sustainability Temporary Amendment Act of 2015 (D.C. Law 21-5, June 4, 2015, 62 DCR 4560).