NOTICE OF HEARING
DOCKET NO. G2012-06
Proposed New Regulation 211 CMR 153.00 – Continuity of Care Access to Comprehensive Cancer Centers, Pediatric Hospitals, and Pediatric Specialty Units for Small Group Health Benefit Plans that Utilize Limited, Regional or Tiered Provider Networks
Pursuant to Massachusetts General Laws Chapter 30A and the authority granted to the Commissioner of Insurance under Chapter 61 of the Acts of 2012 and M.G.L. c. 176J, § 11A, a hearing will be held at the offices of the Division of Insurance (“Division”), 1000 Washington Street, Hearing Room 1E, 1st Floor, Boston, MA 02118 on Thursday, June 7, 2012 at 12:00 p.m., regarding the proposed permanent adoption of emergency regulation 211 CMR 153.00, Continuity of Care Access to Comprehensive Cancer Centers, Pediatric Hospitals, and Pediatric Specialty Units for Small Group Health Benefit Plans that Utilize Limited, Regional or Tiered Provider Networks.
The purpose of the hearing is to afford all interested persons an opportunity to provide oral and/or written comments regarding the permanent promulgation of 211 CMR 153.00. The emergency regulation provides for certain persons insured within the small group/individual market to continue an active course of medical treatment associated with a serious disease with certain providers for a limited period of time after joining a health plan utilizing a limited, regional or tiered provider network. The proceedings concerning the permanent promulgation of 211 CMR 153.00 are designated as Docket No. G2012-06.
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. Approximately 30 domestic carriers constitute the Massachusetts businesses included in the regulated industry; none were identified as small businesses by the Small Business Administration Dynamic Small Business Search Page. None of the three Massachusetts small businesses identified by the SBA Dynamic Small Business Search Page could be considered subject to the current or proposed 211 CMR 153.00. Since no small businesses identified by the SBA Dynamic Small Business Search Page are subject to 211 CMR 153.00, the Division estimates that the projected reporting, recordkeeping and other administrative costs required for compliance with 211 CMR 153.00 are negligible. 211 CMR 153.00 is drafted in a performance standards format to the extent possible. The Division is not aware of any conflicts between 211 CMR 153.00 and existing Division regulations or existing regulations of another agency or department of the Commonwealth. Since no small businesses identified by the SBA Dynamic Small Business Search Page are subject to 211 CMR 153.00, 211 CMR 153.00 is not likely to deter or encourage the formation of new businesses in the Commonwealth. Since no small businesses identified by the SBA Dynamic Small Business Search Page are subject to 211 CMR 153.00, 211 CMR 153.00 cannot establish less stringent compliance or reporting requirements for small businesses; establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses; consolidate or simplify compliance or reporting requirements for small businesses; or minimize the adverse impact 211 CMR 153.00 on small businesses.
Any person who wishes to provide oral comment concerning the permanent promulgation of the regulation is requested to file a Notice of Intent to Comment with the Division no later than June 6, 2012. All other persons who wish to provide oral comment will be heard after those who notify the Division in advance. Written comments may be submitted 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, Suite 810, Boston, MA 02118-6200, or by electronic mail to email@example.com and must refer to Docket No. G2012-06 in the subject line.
Copies of the emergency regulation are available from the Docket Clerk or from the Division’s website at: http://www.mass.gov/ocabr/docs/doi/emergency-regulation-211-cmr-153-00.pdf.
Joseph G. Murphy
Dated: May 10, 2012 Commissioner of Insurance