Compliance and implementation of community health reinvestment obligations

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(a) A corporation shall make available to the Commissioner such information as may be required to permit the Commissioner to verify the corporation’s community health reinvestment and, if appropriate, its compliance with its plan to dedicate excess surplus or to verify that the corporation is participating in a public-private partnership. When verifying the community health reinvestment or the corporation’s compliance with its plan, or when verifying the corporation’s participation in a public-private partnership the Commissioner may retain attorneys, appraisers, independent actuaries, independent certified public accountants, or other professionals, the cost of which shall be borne by the corporation.

(b) In implementing the provisions of the Medical Insurance Empowerment Amendment Act of 2008 [D.C. Law 17-369], the Commissioner shall consider the interests and needs of the jurisdictions in the corporation’s service area.

(Apr. 9, 1997, D.C. Law 11-245, § 7a; as added Mar. 25, 2009, D.C. Law 17-369, § 2(e), 56 DCR 1346; Feb. 4, 2010, D.C. Law 18-104, § 2(d), 56 DCR 9182.)

Effect of Amendments

D.C. Law 18-104 rewrote subsec. (a), which had read as follows: “(a) A corporation shall make available to the Commissioner such information as may be required to permit the Commissioner to verify the corporation’s community health reinvestment and, if appropriate, its compliance with its plan to dedicate excess surplus. When verifying the community health reinvestment or the corporation’s compliance with its plan, the Commissioner may retain attorneys, appraisers, independent actuaries, independent certified public accountants, or other professionals, the cost of which shall be borne by the corporation.”

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(d) of Hospital and Medical Services Corporation Regulatory Emergency Amendment Act of 2009 (D.C. Act 18-277, January 11, 2010, 57 DCR 935).

Temporary Legislation

Section 2(d) of D.C. Law 18-134, in subsec. (a), substituted “dedicate excess surplus or to verify that the corporation is participating in a public-private partnership” for “dedicate excess surplus” and substituted “or the corporation’s compliance with its plan, or when verifying the corporation’s participation in a public-private partnership” for “or the corporation’s compliance with its plan,”.

Section 6(b) of D.C. Law 18-134 provided that the act shall expire after 225 days of its having taken effect.


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