Text of DC B 250926 (2024)

1 _____________________________ ______________________________ 1 Chairman Phil Mendelson Councilmember Robert C. White, Jr. 2 3 4 5 _____________________________ ______________________________ 6 Councilmember Charles Allen Councilmember Anita Bonds 7 8 9 10 _____________________________ ______________________________ 11 Councilmember Vincent C. Gray Councilmember Brianne K. Nadeau 12 13 14 15 _____________________________ ______________________________ 16 Councilmember Trayon White, Sr. Councilmember Brooke Pinto 17 18 19 20 _____________________________ ______________________________ 21 Councilmember Christina Henderson Councilmember Janeese Lewis George 22 23 24 A BILL 25 26 ___________ 27 28 29 IN THE COUNCIL OF DISTRICT OF COLUMBIA 30 31 _________________ 32 33 To amend An Act to provide for regulation of certain insurance rates in the District of Columbia, 34 and for other purposes to prohibit medical malpractice insurers from taking adverse 35 action against a health care practitioner who provides legal health care. 36 37 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 38 act may be cited as the “Medical Malpractice Clarification Amendment Act of 2024”. 39 Sec. 2. An Act to provide for regulation of certain insurance rates in the District of 40 Columbia, and for other purposes, approved May 20, 1968 (62 Stat. 242; D.C. Official Code § 41 31-2701 et seq.), is amended as follows: 42 2 (a) A new section 3a is added to read as follows: 43 “Sec. 3a. Additional Requirements for Medical Malpractice Insurers. 44 “(a) A medical malpractice insurer shall not take any adverse action, including refusing to 45 issue or renew a malpractice policy; charging higher rates for a malpractice policy; 46 canceling or terminating a malpractice policy; or imposing any sanctions, fines, penalties, or rate 47 increases, against a health care practitioner based solely on the fact that: 48 “(1) The health care practitioner provided, facilitated, aided, or assisted, or 49 attempted to provide, facilitate, aid, or assist a patient or client, except to the extent that such 50 conduct would be prohibited under District law: 51 “(A) Reproductive health care; or 52 “(B) Gender-affirming care; or 53 “(2) The person’s license, registration, or certification in another state was 54 revoked, suspended, or restricted solely based on the provision or facilitation, or attempted 55 provision or facilitation to a patient or client, except to the extent that such conduct would be 56 prohibited under District law: 57 “(A) Reproductive health care; or 58 “(B) Gender-affirming care. 59 “(b) This section shall apply regardless of where the patient or client resides, including if 60 the patient is a resident of a state where the provision or facilitation of certain reproductive health 61 care services or gender-affirming care is illegal. 62 “(c) Nothing in this section shall prohibit a medical malpractice insurer from taking 63 adverse actions against a health care practitioner for care provided that would otherwise 64 constitute professional misconduct in the District. 65 3 “(d) For the purposes of this section, the term: 66 “(1) “Gender-affirming care” shall have the same meaning as provided in section 67 301 of the Human Rights Sanctuary Amendment Act of 2023, effective February 23, 2023 (D.C. 68 Law 24-257; D.C. Official Code § 2-1401.02(12A). 69 “(2) “Health care practitioner” means an individual, groups of individuals, 70 partnership, or corporation, including a health care facility, that is licensed, certified, or 71 otherwise authorized by law to provide professional health care services in the District to an 72 individual. 73 “(3) “Reproductive health care” means all supplies, care, and services of a 74 medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, 75 preventative, rehabilitative or supportive nature, including medication, relating to pregnancy, 76 contraception, assisted reproduction, pregnancy loss management or the termination of a 77 pregnancy in accordance with the applicable standard of care as defined by major medical 78 professional organizations and agencies with expertise in the relevant field.”. 79 Sec. 3. Fiscal impact statement. 80 The Council adopts the fiscal impact statement in the committee report as the fiscal 81 impact statement required by 4a of the General Legislative Procedures Act of 1975, approved 82 October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 83 Sec. 4. Effective date. 84 This act shall take effect following approval by the Mayor (or in the event of veto by the 85 Mayor, action by the Council to override the veto), a 30-day period of Congressional review as 86 provided in sections 602(c)(1) of the District of Columbia Home Rule Act, approved December 87 4 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 88 Columbia Register. 89