Appendix A - Acts, Regulations & Bulletins

Acts of 2009

Chapter 9

An Act Relative to an Appeal Process of Insurance Premium Surcharges under Managed Competition

This Act amends M.G.L. c. 175E to provide a mechanism for appealing an insurer's determination that an operator was involved in an "at fault accident" in the competitive private passenger motor vehicle insurance market. It grants an insured that is aggrieved by an adverse determination of fault to file a written complaint and have an opportunity for a hearing before the Board of Appeals. The Act also requires insurers to notify the Merit Rating Board and any other data collection agency to which the insurer reported that at fault accident determination in the event the determination is overturned by the Board of Appeals. Additionally, the Act requires the Commissioner to file a report with the Joint Committee on Financial Services providing a summary of efforts made to facilitate the transition of exclusive representative producers to voluntary agents and the outcome of those efforts, including the remaining number of non-appointed agents in the market. It requires the Commissioner to meet with exclusive representative producers and insurers to provide agents with technical assistance and to encourage voluntary contracts between agents and insurers.

Chapter 27

An Act Making Appropriations for the Fiscal Year 2010 for the Maintenance of the Departments, Boards, Commissions, Institutions and Certain Activities of the Commonwealth, for Interest, Sinking Fund and Serial Bond Requirements and for Certain Permanent Improvements


Sections 83, 84, 85 and 86 of the Act amend M.G.L. c. 175, § 47C, M.G.L. c. 176A, § 8B, M.G.L. c. 176B, § 4C and M.G.L. c. 176G, § 4 to eliminate the maximum and aggregate benefit amounts that commercial health insurers, Blue Cross Blue Shield of Massachusetts, Inc. and health maintenance organizations may impose for coverage of mandated early intervention services. There no longer is a maximum benefit for mandated early intervention services. All contracts in force on or entered into after July 1, 2009 are subject to these provisions.

Chapter 30

An Act Mobilizing Economic Recovery in the Commonwealth

Section 41 of the Act requires a carrier offering continuation coverage under a health benefit plan issued pursuant to M.G.L. c. 176J to a qualified beneficiary eligible for the COBRA premium assistance benefit set forth in section 3001 of the American Recovery and Reinvestment Act of 2009 to offer the extended election period available therein to each qualified beneficiary who does not have an election of continuation coverage under a health benefit plan issued under M.G.L. c. 176J on the effective date of the Act, but who would be an assistance-eligible individual under the American Recovery and Reinvestment Act of 2009 if such election were in effect. The Act provides that the qualified beneficiary may elect such continuation of coverage under M.G.L. c. 176J during the period beginning on the effective date of the Act and ending 60 days after the date on which the notification required by Section 41 is provided to such qualified beneficiary. It further provides that the qualified beneficiary's continuation coverage will commence with the first coverage period after the effective date of the Act.

Regulations

211 C.M.R. 27.00

Military Sales Practices (new)


This new regulation sets forth standards to protect active duty members of the United States Armed Forces from dishonest and predatory insurance sales practices by declaring certain identified practices to be false, misleading, deceptive or unfair.

211 C.M.R. 39.00

Annuity Mortality Tables for use in Determining Reserve Liabilities for Annuities (amended)

This regulation recognizes the allowable mortality tables for use in determining the minimum standard of valuation for annuity and pure endowment contracts. The regulation was amended to be compliant with the requirements of Chapter 230 of the Acts of 2008, and provides guidance for allowable mortality tables for annuities issued on or after Jan. 1, 2009.

211 C.M.R. 71.00

Medicare Supplement Insurance and Evidences of Coverage Issued Pursuant to a Risk or Cost Control -To Facilitate the Implementation of M.G.L. c. 176 K and Sec. 1882 of the Federal Social Security Act (amended)

This regulation provides for the reasonable standardization and simplification of the terms, benefits, organization and format of Medicare Supplemental insurance policies. The regulation was amended to comply with the federal Genetic Information Nondiscrimination Act (Public Law 110-233) which prohibits the use of genetic information or genetic testing in the issuance of Medicare Supplement policies.

211 C.M.R. 85.00

Massachusetts Motor Vehicle Insurance: Table of Short Rate Values (repealed)



This regulation was repealed because some of its provisions are outdated. The provisions of the repealed regulation that remain valid are contained in a new regulation, 211 CMR 97.00.

211 C.M.R. 94.00

Mandatory Pre-Insurance Inspection of Private Passenger Motor Vehicles (amended)

This regulation establishes standards and procedures for implementing M.G.L. c. 175, § 113S, which governs the inspection by insurers of private passenger motor vehicles prior to providing insurance for fire and theft coverage, comprehensive coverage, collision or limited collision coverage. Chapter 175, § 113S specifies various exceptions under which the insurer is not required to conduct an inspection. The statute further provides, among other things, that the Commissioner, through the promulgation of a regulation, shall waive inspections under the circumstances enumerated in the statute. In addition, the statute affords the Commissioner the discretion to specify additional circumstances under which an insurer may waive an inspection. M.G.L. c. 175, § 113S(c). This regulation was amended to provide insurers additional bases under which they may implement an optional waiver of the inspection requirement, subject to approval of the Commissioner of insurance.

211 C.M.R. 97.00

Procedures for Cancellation and Non-Renewal of Motor Vehicle Insurance Policies (new)

This regulation sets forth the requirements relating to the cancellation and non-renewal of motor vehicle insurance policies, including the content of notices of cancellation or non-renewal, the requirements for providing notice, and the use of short rates for determining premium charges when an insured cancels a policy prior to its stated termination date.


Bulletins

Bulletin 2009-01

The Board of Appeal on Motor Vehicle Liability Policies and Bonds and Appeals of "Safe Driver Insurance Plan" Motor Vehicle Accident Surcharges in a Competitive Private Passenger Motor Vehicle Insurance Market (Withdrawn)



Withdrawn because Chapter 9 of the Acts of 2009 ( An Act Relative to an Appeal Process of Insurance Premium Surcharges under Managed Competition) rendered it outdated.

Bulletin 2009-02

Implementation of the Division of Insurance's Online Renewals for Licensed Business Entity Insurance Producers

Issued to notify business entity insurance producers that the Division of Insurance has implemented the second phase of the Online Licensing for Individuals and Entities system (OLLIE).

Bulletin 2009-03

Addendum to the 2009 Guide to Health Insurance for People with Medicare

Issued to notify insurers they are required to provide a copy of this Bulletin along with the 2009 Guide to Health Insurance for People with Medicare to those individuals eligible for Medicare pursuant to Massachusetts regulations 211 CMR 42.09(4) and 211 CMR 71.13(2)(d)4 .

Bulletin 2009-04

Changes to State and Federal Mental Health Parity Laws

Issued to notify carriers of the changes in mandated mental health benefits required by Chapter 256 of the Acts of 2008, An Act Relative to Mental Health Benefits, and the federal Mental Health Parity and Addiction Equity Act of 2008.

Bulletin 2009-05

Change of Procedure and Format Regarding the Filing of Certificates of Insurance Authorization Forms under M. G. L. c. 90, § 34B

Issued to notify companies licensed to issue or execute motor vehicle liability policies or bonds in the Commonwealth of the amended procedures for the annual filing of individual authorization forms for persons authorized to issue motor vehicle registration certificates.

Bulletin 2009-06

Deductibles within Commercial Motor Vehicle Liability Policies

Issued to notify insurers writing commercial motor vehicle liability policies in the Commonwealth of the Division's policy regarding deductibles in form and rate filings.

Bulletin 2009-07

Group Life Insurance Policies and Group Annuity Contracts as Permitted Under G.L. c. 175, §§ 132A1/2 and 133A

Issued to inform life insurers regarding requirements for group life insurance policies and group annuity contracts issued to so-called "discretionary groups" under the provisions of G.L. 175, §§ 132A1/2 and 133A.


Bulletin 2009-08

Amendments to Laws Mandating Coverage for Early Intervention Services for Dependent Children under Chapter 27 of the Acts of 2009



Issued to notify carriers of changes to Massachusetts laws regarding mandated coverage for early intervention services for dependent children.

Bulletin 2009-09

Amendments to Laws Mandating Continuation Coverage for Eligible Employees Covered under Small Group Health Benefit Plans

Issued to notify carriers of a change to Massachusetts law (Section 41 of Chapter 30 of the Acts of 2009), which resulted in an extended election period for qualified beneficiaries who are eligible for COBRA premium assistance under small group continuation coverage.

Bulletin 2009-10

Requirements for War Exclusions in Life Insurance Policies

Issued to inform insurers of the Division's policy regarding exclusions for war in life insurance policies issued in Massachusetts. This Bulletin does not apply to the sale of life insurance policies to an individual known to be a service member at the time of sale, as that term is defined in 211 CMR 27.04.

Bulletin 2009-11

Access to Intermediate and Outpatient Mental Health & Substance Use Disorder Services

Issued to provide carriers with guidance regarding mandated benefits for intermediate and outpatient services for mental health and substance use disorders as required by Chapter 80 of the Acts of 2000 and Chapter 256 of the Acts of 2008.

Bulletin 2009-12

Regulatory Review Standards Applicable to Private Passenger Motor Vehicle Insurance Rate Filings in the Residual Market for Rates Effective on or after April 1, 2010


Issued to advise insurers of the standards applicable to the rate filing for the residual market submitted by Commonwealth Automobile Reinsurers (CAR) for private passenger motor vehicle insurance policies with effective dates on or after April 1, 2010.

Bulletin 2009-13

Regulatory Review Standards Applicable to Private Passenger Motor Vehicle Insurance Rate Filings in the Voluntary Market for Rates Effective on or after April 1, 2010



Issued to advise insurers of the standards applicable to insurers' private passenger motor vehicle insurance rate filings with effective dates on or after April 1, 2010.

Bulletin 2009-14

Guidelines for Truth in Advertising and Marketing in the Private Passenger Motor Vehicle Insurance Market



Issued to provide guidance on the insurers' obligations to provide truth in advertising and marketing of private passenger automobile insurance products in the Commonwealth.