NOTICE OF HEARING

 

DOCKET NO. G2012-01

 

Proposed Amendments to 211 CMR 37.00 – Infertility Benefits

Pursuant to Massachusetts General Laws Chapter 30A and the authority granted to the Commissioner of Insurance, by M.G.L. Chapters 175, 176A, 176B and 176G, a hearing will be held at the offices of the Division of Insurance, 1000 Washington Street, Boston, MA  02118-6200 on October 1, 2012 at 10:00 a.m.  The purpose of this hearing is to afford all interested persons an opportunity to provide oral and/or written comment regarding the proposed amendments to 211 CMR 37.00, Infertility Benefits.

The proposed amendments change the definition of infertility to conform to the statutory definition as amended by Chapter 288 of the Acts of 2010.  The proposed amendments also provide updated language reflecting changes in medical technology, insert the Society of Assisted Reproductive Technology as a recognized expert, update the list of required benefits and remove the requirement that the Commissioner formally amend the regulation to add required infertility benefits.    

Pursuant to SECTION 68 of Chapter 240 of the Acts of 2010, a small business impact statement is required to be included in this Notice of Hearing.  The Division estimates that 211 CMR 37.00 will be applicable to approximately 40 small businesses in the Commonwealth.  This number includes companies licensed in Massachusetts for health insurance, health maintenance organizations and Blue Cross and Blue Shield of Massachusetts, Inc.  The Division estimates that the projected reporting, recordkeeping and other administrative costs required for compliance with 211 CMR 37.00 are negligible, as the proposed amendments to the regulation do not impose any additional reporting or recordkeeping requirements.  211 CMR 37.00 is drafted in a design standard format because the government specifies the result to be obtained but leaves the manner in which the end result is achieved to the regulated entity.  The Division is not aware of any conflicts between 211 CMR 37.00 and existing Division regulations or existing regulations of another agency or department of the Commonwealth.  The Division is not aware of whether 211 CMR 37.00 is likely to deter or encourage the formation of new businesses in the Commonwealth.  The Division invites and encourages comments from small businesses in the Commonwealth concerning the final promulgation of 211 CMR 37.00, including the following: (1) whether 211 CMR 37.00 could establish less stringent compliance or reporting requirements for small businesses; (2) whether 211 CMR 37.00 could establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses; (3) whether 211 CMR 37.00 could consolidate or simplify compliance or reporting requirements for small businesses; (4) whether 211 CMR 37.00 is likely to deter or encourage the formation of new businesses in the Commonwealth; and (5) what alternative regulatory methods, if any, may be used to minimize any adverse impact that 211 CMR 37.00 could have on small businesses. 

The proceedings concerning the permanent promulgation of amendments to regulation 211 CMR 37.00 shall be designated as Docket No. G2012-01.  Any person who wishes to provide oral comment concerning the proposed amendments must file a Notice of Intent to Comment with the Docket Clerk no later than September 28, 2012.  Persons wishing to submit written comments may do so until the record of the hearing is closed.  All submissions must be sent to the Docket Clerk, Hearings and Appeals, Division of Insurance, 1000 Washington Street, Boston, MA  02118-6200, or by electronic mail to Doidocket.Mailbox@state.ma.us and must refer to Docket No. G2012-01 in the subject line.  Persons who do not file a Notice of Intent to Comment will be heard after those who notify the Division in advance of the hearing. 

A copy of the proposed amendments to the regulation is available from the Division and also is posted on its website Here pdf format of 211-37-redlined.pdf
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Dated:  August 17, 2012                 ________________________________
   Joseph G. Murphy
   Commissioner of Insurance