§ 31–3311.03b. Underwriting ratemaking criteria.

(a) To implement section 1201 of the Affordable Care Act, the Commissioner, with the approval of the Executive Board of the Health Benefit Exchange Authority, shall have the authority to establish by rule:

(1) The geographic rating area for the District;

(2) The age rating or curve; and

(3) The rating for tobacco uses.

(b) The Commissioner’s authority to implement subsection (a) of this section shall be accomplished in a manner that is not inconsistent with, or would prevent the application of, the Affordable Care Act and its implementing regulations. In exercising the authority under subsection (a) of this section, the Commissioner may provide consumer protections and benefits that exceed those provided in the Affordable Care Act.

(c) Health insurers are required to merge their experience in the individual and group markets for purposes of setting health insurance rates.