Hearing Scheduled for January 13 and 14, 2004

Pursuant to the provisions of chapter 30A and the authority granted the Commissioner under chapters 90; 108A, §45(8); 118E; 152; 156C, §65; 175; 175A; 175E, §10; 175J; 176; 176A; 176B; 176C; 176D; 176E; 176F; 176G; 176I; 176J; 176K; 176M; 176O; 177B, and 178A of the Massachusetts General Laws, hearings will be held at the Division of Insurance, One South Station, Boston MA 02110-2208, at the date and time specified below. The purpose of the hearings is to afford all interested parties an opportunity to provide oral and written testimony regarding the proposed changes to the regulations listed.

On January 13, 2005, at 10:00 a.m. a hearing will be held on the following proposed changes:

211 CMR 19.00 Audits of Insurers by Independent Certified Public Accountants. The Division proposes to rescind this regulation because it was superceded by 211 CMR 23.00 Audits of Insurers by Independent Certified Public Accountants for Years Ending 1991 and After. (Docket No. G2004-10);

211 CMR 23.00 Audits of Insurers By Independent Certified Public Accountants For Years Ending 1991 and After. The current version of 211 CMR 23.12 requires that an insurer's certified public accountant report significant deficiencies in an insurer's internal controls. Under the proposed change, if the accountant does not identify significant deficiencies, the insurer will be required to furnish the Commissioner with a letter from the accountant stating that there are no significant deficiencies in the insurer's internal control structure. (Docket No. G2004-07);

211 CMR 50.00 Continuing Education for Agents and Brokers. The Division proposes to amend this regulation to reflect the use of a third party continuing education administrator to review courses and maintain records of course completion. These proposed amendments will clarify the role of the third party administrator relative to the duties of the Continuing Education Review Committee. (Docket No. G2004-13); and

211 CMR 8.00Investments of Officers, Directors, and Principal Stockholders of Domestic Stock Insurance Companies;
211 CMR 24.00Limited Liability Companies and Limited Liability Partnerships, Minimum Amount of Liability Insurance;
211 CMR 30.00Reinsurance of Property and Casualty Risks by Life Insurers;
211 CMR 36.00The Use of Aids-Related Information for Life and Health Insurance and Informed Consent;
211 CMR 45.00Establishment of Service Fee to Agents and Brokers Assisting Employers in Obtaining Workers Compensation Insurance;
211 CMR 54.00Procedures for Surrender and Non-Renewal of Licenses by Insurers Authorized to Write Motor Vehicle Insurance;
211 CMR 65.00Long Term Care;
211 CMR 67.00Workers' Compensation Self-Insurance Groups;
211 CMR 71.00Medicare Supplement Insurance and Evidences of Coverage Issued Pursuant to a Risk or Cost Contract -- To Facilitate The Implementation Of M.G.L. c. 176K and Section 1882 of the Federal Social Security Act;
211 CMR 78.00Procedures Concerning Rate Filings and the Conduct of Hearings for Motor Vehicle Insurance;
211 CMR 88.00Procedures for the Appeal of Safe Driver Insurance Plan (SDIP) Motor Vehicle Accident Surcharges and for Conduct of SDIP Motor Vehicle Accident Surcharge Hearings;
211 CMR 91.00Motor Vehicle Insurance Rates;
211 CMR 123.00Direct Payment of Motor Vehicle Collision and Comprehensive Coverage Claims and Referral Repair Shop Programs; and
211 CMR 146.00Specified Disease Insurance.

The proposed technical changes correct typographical errors and/ or language that is inconsistent with Chapter 106 of the Acts of 2002, An Act Relative to the Licensing of Insurance Producers ("the Producer Law"). Specifically, the terms "agent" and "broker" will be replaced with the term "insurance producer". In addition, any reference to the prior agent and broker licensing statutes will be changed to reference the appropriate sections of the Producer Law. (Docket No. G2004-17).

On January 14, 2005, at 10:15 a.m. a hearing will be held on the following proposed changes:

211 CMR 43.00 Health Maintenance Organizations (HMOs). The proposed changes: (1) publish the procedures for corporate structure compliance and financial solvency requirements with respect to M.G.L. c. 176G, §§ 14, and 25-29; (2) update terminology and statutory references with respect to insurance producers; (3) reduce the fee for HMO license renewals and the amount of documents to be submitted under M.G.L. c. 176G, §10; and (4) edit the format of the regulation to improve readability. (Docket No. G2004-02); and

211 CMR 48.00 Maternity Health Coverage. The Division proposes to rescind this regulation because there is statutory language that addresses this issue, and it is more detailed. (Docket No. G2004-12).

On January 14, 2005, at 11:30 a.m. a hearing will be held on the proposed changes for 211 CMR 38.00 Coordination of Benefits (COB). The purpose of the proposed revision is to clarify the order and process by which health insurance plans pay their claims when a person is covered by more than one plan. The revision provides additional guidance for circumstances where negotiated compensation structures vary among health insurance plans. The revision adopts most of the provisions of the National Association of Insurance Commissioners' Group Coordination of Benefits Model Regulation. (Docket No. G2004-11)

On January 14, 2005, at 1:00 p.m. a hearing will be held on the proposed changes for 211 CMR 51.00 Preferred Provider Arrangements (PPAs) and Preferred Provider Plans and 211 CMR 112.00 Workers' Compensation Preferred Provider Arrangements. The Division proposes to combine these two regulations into one comprehensive regulation governing the requirements for PPAs, and to rescind 211 CMR 112.00 Workers' Compensation Preferred Provider Arrangements. (Docket No. G2004-14).

On January 14, 2005, at 2:00 p.m. a hearing will be held on the proposed changes for 211 CMR 66.00 Small Group Health Insurance. The purpose of the proposed revision is to permit increased flexibility in the actuarial methodology and rate basis types applicable to health insurance sold to eligible small businesses. The proposed revision clarifies definitions and rating adjustment limitations, and deletes obsolete references to phase-out adjustments and prototype HMOs. The proposed revision also clarifies the filing and reporting requirements for carriers of certain eligible small groups. (Docket No. G2004-16).

On January 14, 2005, at 3:00 p.m. a hearing will be held on the proposed changes for 211 CMR 55.00 Disclosure Requirements for Life Insurance Policies with Accelerated Benefit Provisions and Annuity Contracts. The Division proposes to change the regulation definition of terminal illness in order to make it consistent with the definition used in the other 49 states, and allow insurers to offer this product to Massachusetts residents. (Docket No. G2004-15).

Any person who wishes to testify concerning any of these proposed changes must submit a Notice of Intent to Testify to the Division of Insurance on or before January 11, 2005. All other parties who wish to testify will be heard subsequent to those who notify the Division in advance. All notices and submissions should refer to the applicable docket number, and must be sent to the Docket Clerk, Division of Insurance, One South Station, Boston, MA 02110-2208. Copies of the proposed regulations may be obtained from the Docket Clerk.

December 16, 2004

/s/___________________
Julianne M. Bowler
Commissioner of Insurance