Bill Summary – FastDemocracy

ENROLLED ORIGINAL

                                             AN ACT

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                   IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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To amend, on an emergency basis due to congressional review, the Not-for-Profit Hospital

      Corporation Establishment Amendment Act of 2011 to change the composition and

      procedures of the Fiscal Management Board; and to repeal obsolete provisions of law.

       BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

act may be cited as the Coronavirus Public Health Extension Congressional Review Emergency

Amendment Act of 2021.

        Sec. 2. The Not-for-Profit Hospital Corporation Establishment Amendment Act of 2011,

effective September 14, 2011 (D.C. Law 19-21, D.C. Official Code  44-951.01 et seq.), is

amended as follows:

        (a) Section 5115(m) (D.C. Official Code  44-951.04(m)) is amended as follows:

                (1) Paragraph (2) is amended to read as follows:

                (2) Voting members of the Fiscal Management Board shall include:

                        (A) The Chief Financial Officer of the District of Columbia, or his or her

designee, who shall serve as chair of the Fiscal Management Board;

                        (B) The Deputy Mayor for Health and Human Services, or his or her

designee;

                        (C) One citizen member from either Ward 7 or Ward 8, appointed by the

Mayor, who has experience in public health or health care delivery;

                        (D) A citizen member, appointed by the Mayor, who has experience

serving as the City Administrator of the District of Columbia;

                        (E) An individual with expertise in hospital management or finance,

appointed by the Mayor; and

                        (F) One representative from each of the two unions, selected by each

representative union, maintaining the largest collective bargaining units at United Medical

Center..

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                 (2) Paragraph (4) is amended by striking the phrase January 31, 2023. and

inserting the phrase December 31, 2024, the operations of the hospital have been dissolved, or

such time as the Board is reinstated by an act of the Council. in its place.

                 (3) A new paragraph (5) is added to read:

                 (5) The member listed in subsection (m)(2)(E) of this section shall not be a

member of the Board of the Corporation as constituted on May 1, 2021..

                 (4) A new paragraph (6) is added to read:

                 (6) In general, each voting member of the Fiscal Management Board shall:

                          (A) Have experience, knowledge, and expertise in finance, management,

and the organization or operation of a business or government;

                          (B) Not be an individual who provides goods or services to the

Corporation, or be employed by an entity that provides goods or services to the Corporation, and

is not the spouse, parent, child, or sibling of an individual who provides goods and services to the

Corporation; and

                          (C) Maintain a primary residence or a primary place of business in the

National Capital Region..

         (b) Section 5120(b) (D.C. Official Code  44-951.09(b)) is amended as follows:

                 (1) Paragraph (1) is amended to read as follows:

                 (1) If any of the conditions set forth in section 5115(l) has been met, the Fiscal

Management Board shall meet no later than 45 days thereafter and approve an operating budget

that requires a subsidy from the District no greater than $40 million in Fiscal Year 2021, and no

greater than $22 million per year thereafter, that supports the following services:

                          (A) An emergency department;

                          (B) Behavioral health (e.g. psychiatric) services;

                          (C) The inpatient, outpatient, and support services necessary to provide

services pursuant to subparagraphs (A) and (B) of this paragraph; and

                          (D) Any additional critical care services meeting a community need that

the Fiscal Management Board deems viable within the budget and financial plan for UMC

adopted by the Council..

                 (2) Paragraph (3)(B) is amended by striking the word Financial and inserting

the word Fiscal in its place.

                 (3) A new paragraph (4) is added to read as follows:

                 (4)(A) By July 1, 2021, the Fiscal Management Board shall develop an

operational plan for the Corporation with an implementation schedule providing for reductions in

services and staffing necessary to meet the requirements set forth in paragraph (1) of this

subsection through the time of dissolution of the Corporation under section 5130. The Fiscal

Management Board shall make the best effort to ensure that the nonsupervisory employees will

be the last staff to be impacted by reduction of staffing after supervisory and contracted staff

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have been impacted; provided, that any staffing plan or decisions regarding reductions in staffing

made by the Fiscal Management Board shall prioritize the health and safety of patients.

                        (B) The budgetary aspects of the operational plan shall be certifiable by

the Chief Financial Officer, and then, no later than 15 days after the approval by the Fiscal

Management Board of an operational plan pursuant to subparagraph (A) of this paragraph, the

Chief Financial Officer of the District of Columbia shall certify that the operational plan will

satisfy the requirements set forth in paragraph (1) of this subsection.

                        (C) Beginning October 1, 2021, the Corporation shall produce quarterly

financial reports subject to audit by the Chief Financial Officer measuring progress against the

operational plan.

                        (D) Copies of such reports shall also be filed with the Secretary of the

Council of the District of Columbia.

                        (E) The Fiscal Management Board shall make adjustments to the

Corporations budget and operations as necessary to maintain spending within the requirements

of paragraph (1) of this subsection.

         (c) Section 5130 (D.C. Official Code  44-951.19) is amended as follows:

                 (1) Subsection (a) is amended by striking the phrase December 31, 2022, and

inserting the phrase December 31, 2024, in its place.

                 (2) Subsection (b) is amended by striking the phrase January 31, 2023, and

inserting the phrase December 31, 2024, in its place.

                 (3) Subsection (c) is amended by striking the phrase January 31, 2023, and

inserting the phrase December 31, 2024, in its place.

                 (4) Subsection (d) is amended by striking the phrase Fiscal Year 2023 and

inserting the phrase Fiscal Year 2025 in its place.

        Sec. 3. Repealers.

        (a) The D.C. Healthcare Alliance Reform Amendment Act of 2019, effective September

11, 2019 (D.C. Law 23-16; 66 DCR 8621), is repealed.

        (b) Section 507(d) of the Coronavirus Support Temporary Amendment Act of 2021,

effective June 24, 2021 (D.C. Law 24-9; 68 DCR 4824), is repealed.

       Sec. 4. Fiscal impact statement.

       The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact

statement required by section 4a of the General Legislative Procedures Act of 1975, approved

October 16, 2006 (120 Stat. 2038; D.C. Official Code  1-301.47a).

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       Sec. 5. Effective date.

       This act shall take effect following approval by the Mayor (or in the event of veto by the

Mayor, action by the Council to override the veto), and shall remain in effect for no longer than

90 days, as provided for emergency acts of the Council of the District of Columbia in section

412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;

D.C. Official Code  1-204.12(a)).

               ______________________________

               Chairman

               Council of the District of Columbia

_________________________________

Mayor

District of Columbia

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