A health professional shall remain covered by § 3-1201.04 if the following criteria are met:
(1) The health professional is transferred from employment by the District government to employment by a private operator to perform essentially the same services as the person performed while employed by the District government and continues to perform such services for the duration of his or her employment by a private operator; and
(2) The health professional is covered by § 3-1201.04.