1. Home
  2. |Insights
  3. |DC Insurance Commissioner Clarifies Charitable Obligations of Blue Cross/Blue Shield Plan

DC Insurance Commissioner Clarifies Charitable Obligations of Blue Cross/Blue Shield Plan

Client Alert | 1 min read | 05.17.05

On May 15, 2005, Commissioner Mirel of the District of Columbia Department of Insurance, Securities and Banking (“DISB” or the “Department”) issued a report addressing controversy about alleged charitable obligations of Group Hospitalization and Medical Services, Inc. (“GHMSI”), the Blue Cross Blue Shield plan for the Washington, D.C. area. The report followed a DISB hearing in March into whether, and to what extent, GHMSI was obligated by its federal charter to engage in charitable activities. The DISB inquiry was initiated after a community advocacy organization alleged that GHMSI had a legal obligation to fund community health projects and other charitable causes and to extend such benefits to the public beyond its policyholders.

DISB's report concluded that GHMSI's Congressional charter, issued in 1939, declared it a charitable organization with a primary legal obligation and mission of providing health insurance to its policyholders. The Department also found that GHMSI's charter provides it with the authority to engage in additional activities, beyond the provision of health insurance, to support the health of the communities in the greater Washington area. Commissioner Mirel found that GHMSI has a “social responsibility that goes beyond its legal obligations” and that the Company is in appropriate financial condition to take additional steps to support public health.

The Commissioner's report does not state how much charitable activity GHMSI should conduct. It does emphasize, however, that consistent with GHMSI's obligations to its policyholders, the Company must maintain a significant surplus. DISB declined to make a finding as to what should be the maximum level of surplus for GHMSI, noting that it is the responsibility of GHMSI's Board to determine an appropriate amount.

Contacts

Insights

Client Alert | 3 min read | 11.21.25

A Sign of What’s to Come? Court Dismisses FCA Retaliation Complaint Based on Alleged Discriminatory Use of Federal Funding

On November 7, 2025, in Thornton v. National Academy of Sciences, No. 25-cv-2155, 2025 WL 3123732 (D.D.C. Nov. 7, 2025), the District Court for the District of Columbia dismissed a False Claims Act (FCA) retaliation complaint on the basis that the plaintiff’s allegations that he was fired after blowing the whistle on purported illegally discriminatory use of federal funding was not sufficient to support his FCA claim. This case appears to be one of the first filed, and subsequently dismissed, following Deputy Attorney General Todd Blanche’s announcement of the creation of the Civil Rights Fraud Initiative on May 19, 2025, which “strongly encourages” private individuals to file lawsuits under the FCA relating to purportedly discriminatory and illegal use of federal funding for diversity, equity, and inclusion (DEI) initiatives in violation of Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025). In this case, the court dismissed the FCA retaliation claim and rejected the argument that an organization could violate the FCA merely by “engaging in discriminatory conduct while conducting a federally funded study.” The analysis in Thornton could be a sign of how forthcoming arguments of retaliation based on reporting allegedly fraudulent DEI activity will be analyzed in the future....