NOTICE OF JOINT HEARING

Wednesday, March 27, 2013, 1:30 p.m.

DIVISION OF INSURANCE - DOCKET NO. G2013-02

Emergency Regulation 211 CMR 154.00 – Enforcement of Mental Health Parity

and

DIVISION OF MEDICAL ASSISTANCE

Emergency Amended Regulation 130 CMR 450.000 – Administrative and Billing Regulations

Pursuant to Massachusetts General Laws Chapter 30A and the authority granted to the Commissioner of Insurance under Chapter 224 of the Acts of 2012 and M.G.L. c. 26, § 8K, and pursuant to M.G.L. c. 6A, s. 16 and the authority granted to the Division of Medical Assistance under M.G.L. c. 30A, § 2, a joint hearing will be held at the offices of the Division of Insurance, 1000 Washington Street, Hearing Room 1E, 1st Floor, Boston, MA 02118 on Wednesday, March 27, 2013 at 1:30 p.m., regarding the proposed permanent adoption of emergency regulation 211 CMR 154.00, Enforcement of Mental Health Parity and the proposed permanent amendment of emergency amended regulation 130 CMR 450.000, Administrative and Billing Regulations.

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 154.00 and the permanent amendment of 130 CMR 450.000.  The emergency regulation 211 CMR 154.00 provides the process by which the Commissioner of Insurance shall “implement and enforce” relevant provisions of federal and state mental health parity law, and the emergency amendment to regulation 130 CMR 450.000 provides mental health parity processes and requirements for MassHealth-contracted managed care organizations, senior care organizations, integrated care organizations, and their contracted behavioral health management firms or third party administrators.  The proceedings concerning the permanent promulgation of 211 CMR 154.00 are designated as Docket No. G2013-02.

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.  With respect to Emergency Regulation 211 CMR 154.00, 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 five Massachusetts small businesses identified by the SBA Dynamic Small Business Search Page could be considered subject to the proposed 211 CMR 154.00.  Since no small businesses identified by the SBA Dynamic Small Business Search Page are subject to 211 CMR 154.00, the Division of Insurance estimates that the projected reporting, recordkeeping and other administrative costs required for compliance with 211 CMR 154.00 are negligible.  211 CMR 154.00 is drafted in a performance standards format to the extent possible. 

The Division of Insurance also is not aware of any conflicts between 211 CMR 154.00 and existing Division of Insurance 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 154.00, 211 CMR 154.00 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 154.00, 211 CMR 154.00 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 154.00 on small businesses.

With respect to Emergency Amended Regulation 130 CMR 450.000, the Division of Medical Assistance states that there is no fiscal impact on cities and towns.

Any person who wishes to provide oral comment concerning the permanent promulgation of regulation 211 CMR 154.00 is requested to file a Notice of Intent to Comment with the Division of Insurance no later than March 25, 2013.  Any person who wishes to provide oral comment concerning the permanent promulgation of amended regulation 130 CMR 450.000 is requested to file a Notice of Intent to Comment with the Division of Medical Assistance no later than March 25, 2013.  All other persons who wish to provide oral comment will be heard after those who notify the respective Divisions in advance.  Written comments may be submitted until the record of the hearing is closed. 

Copies of the Emergency Regulation 211 CMR 154.00 are available from the Division of Insurance Docket Clerk or from the Division of Insurance’s website at: http://www.mass.gov/ocabr/government/oca-agencies/doi-lp/.

All submissions regarding 211 CMR 154.00 pdf format of 211-154-proposed.pdf 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 doidocket.mailbox@state.ma.us and must refer to Docket No. G2013-02 in the subject line.

Copies of the Emergency Amended Regulation 130 CMR 450.000 are available from www.mass.gov/masshealth/proposedregs

All submissions regarding 130 CMR 450.000 must be sent to masshealthpublicnotice@state.ma.us and should contain the sender’s name, mailing address, and organization or affiliation, if any.

 

                        ______________________________________

                         Joseph G. Murphy

                        Commissioner of Insurance

 

Dated:  February 26, 2013