D.C. Mun. Regs. tit. 26, r. 26-A4601
All domestic companies licensed under this chapter shall file a financial report with the Commissioner which details the company's surplus and examines whether the company's surplus is considered excessive under the Act. The financial report shall detail the appropriate level of surplus necessary for the company to meet the National Association of Insurance Commissioners' Risk Based Capital Requirements for health insurers pursuant to the Health Organizations RBC Amendment Act of 2002, effective June 18, 2003 (D.C. Law 14-312; D.C. Official Code §31-3851.01et seq. (2008 Supp.)); and the Blue Cross/Blue Shield Association capital requirements.
The report required by section 4601.1 shall be filed with the Commissioner for his review by June 1st of each year, except that the report with the Commissioner by July 24, 2009.
All filings are required to be submitted electronically in a format prescribed by the Commissioner.
In determining whether the surplus is excessive, the Commissioner shall consider the National Association of Insurance Commissioners' Risk Based Capital Requirements for health insurers pursuant to the Health Organizations RBC Amendment Act of 2002, effective June 18, 2003 (D.C. Law 14-312; D.C. Official Code §§31-3851.01et seq. (2008 Supp.)); and the Blue Cross/Blue Shield Association capital requirements.
If the preliminary analysis of the Commissioner determines that the company's surplus is excessive, a public hearing shall be scheduled in accordance with section 4602 to determine whether the company's surplus is excessive and unreasonably large, and the company shall provide a report to the Commissioner, at least fifteen (15) days prior to the date of the public hearing, a report with the following information:
The Commissioner shall post on the Department's website, all public documentation used in determining whether a company's surplus is excessive and unreasonably large, and whether surplus is adequate to cover the anticipated and unanticipated losses of the company.
The Commissioner shall provide a determination of the amount of surplus attributable to the District of Columbia.
In determining whether a company's surplus attributable to the District is unreasonably large, the Commissioner may include provisions for actuarially determined risk exposures as well as the expected and unanticipated contingencies of the company. The anticipated cost of the corporation's contribution to the open enrollment program required by section 15 of the Act should be included in the surplus determination.
D.C. Mun. Regs. tit. 26, r. 26-A4601