§ 31–3514.02. Establishment of Healthy DC and Health Care Expansion Fund.

(a) There is established as a nonlapsing fund the Healthy DC and Health Care Expansion Fund (“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 to support the Healthy DC Program, established by Chapter 6A of Title 4, and other medical assistance programs administered by the Department of Health Care Finance, without regard to fiscal year limitation, subject to authorization by Congress.

(b) There shall be deposited into the Fund:

(1) All tax revenue generated pursuant to § 31-3514.01;

(2) Any other local funds, including any fees, penalties, or other tax revenues required by District law, including the premium tax imposed on health maintenance organizations, as required by § 31-3403.01.

(3) Annual appropriations, if any;

(4) Federal grant funds;

(5) All fines and penalties collected pursuant to Chapter 6A of Title 4; and

(6) Grants, gifts, or subsidies from public or private sources.

(c) Notwithstanding subsection (a) of this section, for fiscal year 2010, up to $3.25 million from the Fund shall be utilized to support the following one-time allocations:

(1) An amount of $2.5 million shall support a grant to an acute care pediatric hospital in the District for the purpose of supporting operational expenses associated with the new pediatric emergency facility located at the United Medical Center; and

(2) Up to $750,000 to support operational expenses associated with the delivery of health care services at the D.C. Jail.

(d) Notwithstanding subsection (a) of this section, in each of fiscal years 2025, 2026, 2027, and 2028, $5,567,566 shall be transferred from the Fund to the General Fund of the District of Columbia.

(Apr. 9, 1997, D.C. Law 11-245, § 15b; as added Mar. 2, 2007, D.C. Law 16-192, § 5012(c), 53 DCR 6899; Aug. 16, 2008, D.C. Law 17-219, § 5050, 55 DCR 7598; Mar. 25, 2009, D.C. Law 17-353, § 138, 56 DCR 1117; Mar. 3, 2010, D.C. Law 18-111, § 5131, 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223,§ 5023(c), 57 DCR 6242; Sept. 26, 2012, D.C. Law 19-171, § 88(c), 59 DCR 6190; Sept. 18, 2024, D.C. Law 25-217, § 5072, 71 DCR 9990.)

Section References

This section is referenced in § 4-632, § 4-637, § 31-3403.01, § 31-3501, § 31-3514, § 47-368.06, and § 47-2002.

Effect of Amendments

D.C. Law 17-219 rewrote the section.

D.C. Law 17-353 validated a previously made technical correction.

D.C. Law 18-111 added subsec. (c).

D.C. Law 18-223, in the section heading, substituted “Healthy DC and Health Care Expansion Fund” for “Healthy DC Fund”; in subsec. (a), substituted “Healthy DC and Health Care Expansion Fund (’Fund’)” for “Healthy DC Fund (’Fund’)” and inserted “, and other medical assistance programs administered by the Department of Health Care Finance,”; and rewrote subsec. (b)(2), which had read as follows: “(2) Any other local funds, including any fees, penalties, or other tax revenue required by District law, including a portion of the premium tax imposed on health maintenance organizations, as required by Chapter 34 of this title;”

The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction in (c).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 5072 of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).

For temporary (90 day) enactment, see § 5012(c) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

For temporary (90 day) amendment of section, see § 202 of Fiscal Year 2009 Balanced Budget Support Emergency Amendment Act of 2008 (D.C. Act 17-572, December 2, 2008, 55 DCR 12452).

For temporary (90 day) amendment of section, see § 202 of Fiscal Year 2009 Balanced Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-13, February 23, 2009, 56 DCR 1920).

For temporary (90 day) amendment of section, see § 5131 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 5131 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 day) amendment of section, see § 2 of Healthy DC Equal Access Fund and Hospital Stabilization Emergency Amendment Act of 2009 (D.C. Act 18-310, February 18, 2010, 57 DCR 1635).

For temporary (90 day) amendment of section, see § 3(c) of Medicaid Resource Maximization Emergency Amendment Act of 2010 (D.C. Act 18-390, May 7, 2010, 57 DCR 4339).

For temporary (90 day) amendment of section, see § 5023(c) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Temporary Legislation

For temporary (225 day) amendment of section, see § 202 of (D.C. Law 17-326, March 21, 2009, law notification 56 DCR 3037).

Section 2 of D.C. Law 18-154, in subsec. (a), substituted “, and any other purpose as set forth in this section, without regard” for “without regard”; and added subsec. (c) to read as follows:

“(c)(1) Notwithstanding subsection (a) of this section, the Mayor is authorized to utilize, in fiscal year 2010, up to $5.9 million from the Fund to support the delivery of acute care services for uninsured or under-insured individuals at United Medical Center; provided, that:

“(A) An amount of $3 million be distributed by March 2, 2010; and

“(B) Up to $2.9 million be distributed, in equal monthly installments, beginning by March 15, 2010, and continuing through to September 30, 2010.

“(2) United Medical Center shall submit a quarterly report to the Mayor providing an accounting of any funds received pursuant to this subsection, including a detailed account of the acute care services that were provided.

“(3)(A) The Mayor shall seek to recoup any funds from United Medical Center that the Mayor determines were expended contrary to the authority granted by this subsection.

“(B) The Mayor may conduct an audit of the uncompensated acute care expenditures, if necessary, to verify that the funds were expended in accordance with this subsection.

“(4) The Department of Health Care Finance shall have grant-making authority for purposes of effectuating this subsection.”.

Section 8(b) of D.C. Law 18-154 provided that the act shall expire after 225 days of its having taken effect.

Section 3(c) of D.C. Law 18-205, in the section heading, substituted “Healthy DC and Health Care Expansion Fund” for “Healthy DC Fund”; in subsec. (a), substituted “Healthy DC and Health Care Expansion Fund (’Fund’)” for “Healthy DC Fund (’Fund’)” and substituted “ Title 4, and other medical assistance programs administered by the Department of Health Care Finance, without” for “Title 4 without”; and rewrote subsec. (b)(2) to read as follows:

“(2) Any other local funds, including any fees, penalties, or other tax revenues required by District law, including the premium tax imposed on health maintenance organizations, as required by section 4a of the Health Maintenance Organization Act of 1996, effective August 16, 2008 (D.C. Law 17-219; D.C. Official Code § 31-3403.01).”.

Section 7(b) of D.C. Law 18-205 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title: Section 5049 of D.C. Law 17-219 provided that subtitle S of title V of the act may be cited as the “Hospital and Medical Services Corporation Regulatory Act Amendment Act of 2008”.

Short title: Section 5130 of D.C. Law 18-111 provided that subtitle N of title V of the act may be cited as the “Hospital and Medical Services Corporation Regulatory Amendment Act of 2009”.