Overview
The District of Columbia established its own health insurance exchange under the Affordable Care Act, whereas most states maintain exchanges facilitated by the federal government.
In provider market oversight, the District of Columbia requires the State Health and Planning Development Agency (SHPDA) to issue a certificate of need for all proposals to offer or develop institutional health services or acquire assets. The SHPDA also has the authority to approve the closure or termination of a health care facility. Statutory law also requires the Attorney General to review the conversion of any non-profit healthcare entity to a for-profit entity. The Attorney General will approve a conversion only if the entity has taken actions to protect the value of its charitable assets.
The District of Columbia has also enacted laws to advance telehealth. First, health insurers that offer benefit plans in the District must cover services delivered via telehealth if the same service would be covered when provided in person. Second, health insurers must reimburse covered providers for diagnosis, consultation, and treatment services provided through telehealth. This does not require, however, that the insurers reimburse covered providers at the same rate as if the services were provided in person. Third, health insurers may not require deductibles, copayments, or coinsurance amounts that exceed the amounts that apply to their in-person counterparts. In addition, the Telehealth Medicaid Expansion Act of 2017 broadened the scope of services covered by Medicaid. The Act added behavioral health care services, rehabilitation services, medication management services, remote patient monitoring, and more.
D.C. is also the jurisdiction of the antitrust enforcement case against the proposed $54 billion merger between Anthem and Cigna. The DOJ brought an enforcement action for potential violation of the Clayton Antitrust Act to avoid a decrease in competition in the insurance market. The D.C. Circuit Court of Appeals affirmed the district court’s decision to block the merger. Anthem appealed to the Supreme Court, but the petition was ultimately dismissed and the merger was abandoned.
See below for an overview of existing District of Columbia mandates. Click on citation tab for detailed information of specific statutes (click link to download statute text).
State Action
Latest Legislative Session: 1/2/2023 - 1/1/2024 (2023-2024 term). *Current session bill updates are ongoing. Check back weekly for updates.
B2-0558 – District of Columbia
Introduced: 2017 Status: Inactive / Dead
This bill requires health care facilities to add community benefits – health improvement services and benefits that are provided without charge – as a prerequisite to obtaining or maintaining a certificate of need. The community …
B22-0106 – District of Columbia
Introduced: 2017 Status: Enacted
This legislation allows licensed pharmacy practitioners to prescribe and dispense self-administered hormonal contraceptives and also requires insurers to cover certain health care services without cost-sharing, including breast cancer screening and counseling, screening for HIV and …
B22-0233 – District of Columbia
Introduced: 2017 Status: Enacted
Telehealth Medicaid Expansion Act of 2017: To amend the Telehealth Reimbursement Act of 2013 to expand the scope of reimbursable telehealth services covered by Medicaid, to clarify that all categories of Medicaid recipients are eligible …
B22-0333 – District of Columbia
Introduced: 2017 Status: Enacted
Law 22-60 enables advanced practice registered nurses to sign, certify, stamp, or endorse all documents related to healthcare within their scope of practice.
B22-0405 – District of Columbia
Introduced: 2017 Status: Enacted
Law 22-176 establishes the maximum fee of $5,000 for filing a certificate of need application by a federally qualified health center for projects located in Wards 7 and 8.
D.C. Code § 31-3171.02. Establishment and purpose: Health Benefit Exchange – District of Columbia
Introduced: Status: Enacted
There is established, as an independent authority of the District government, the District of Columbia Health Benefit Exchange Authority. The Authority shall be an instrumentality, created to effectuate the purposes stated in this chapter, that …
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D.C. Code § 31-3171.04. Authority duties and powers: Health Benefit Exchange – District of Columbia – District of Columbia
Introduced: Status: Enacted
The Authority shall, among other items, establish the American Health Benefit Exchange to assist qualified individuals in the District with enrollment in qualified health plans.
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D.C. Code § 31-3171.06. Powers and duties of executive board: Health Benefit Exchange – District of Columbia
Introduced: Status: Enacted
Subject to any limitations under this chapter, or other applicable law, the executive board shall have all the powers necessary to carry out the functions authorized by the Federal Act and consistent with the purposes …
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D.C. Code § 31-3171.09. Health benefit plan certification: Health Benefit Exchange – District of Columbia
Introduced: Status: Enacted
To be certified as a qualified health plan, a health benefit plan shall, at a minimum provide the following benefits.
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D.C. Code § 31-3171.09a. Distribution of individual and small group health benefit plans: Health Benefit Exchange – District of Columbia
Introduced: Status: Enacted
A carrier that offers individual or small group health benefit plans shall offer such plans solely through the American Health Benefit Exchange, as established pursuant to § 31–3171.04(a), subject to the following transition provisions.
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United States et al. v. Anthem, Inc., and Cigna Corp. – California, Colorado, Connecticut, District of Columbia, Federal, Georgia, Iowa, Maine, Maryland, New Hampshire, New York, Tennessee, Virginia
District Court: District of Columbia Status: Decided
On April 28, 2017, the D.C. Circuit Court of Appeals affirmed the District Court’s decision to block the proposed $54 billion merger between Anthem and …
In re: Suboxone Antitrust Litigation (State of Wisconsin, et al. v. Indivior Inc, et al.) – Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia, Wisconsin
District Court: E.D. Pennsylvania Status: Pending
In September 2016, 35 state attorneys general and the District of Columbia brought a multi-district case against pharmaceutical manufacturer Indivior, MonoSol RX et al., alleging …
In Re: Generic Pharmaceuticals Pricing Antitrust Litigation – Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin
District Court: Eastern District of Pennsylvania Status: Pending
Plaintiffs are attorney generals from 48 states, Puerto Rico, and the District of Columbia, as well as classes of private plaintiffs that filed an antitrust …
Additional Resources
FY 2020 BUDGET
Washington D.C. budgets on a biennium basis with the Executive biennium budget submitted to the Legislature on or before December 20th. The legislature adopts a budget in either April or May and the biennial budget cycle begins in July. See Washington D.C.’s Department of Health budget for the fiscal year 2020 on page E-53 here.
KEY RESOURCES
District of Columbia Legislature
District of Columbia Office of the Attorney General
District of Columbia Department of Insurance