By the Division of Insurance

Posted on: February 15, 2017 at 12:30 p.m.


Pursuant to M.G.L. Chapter 30A and the authority granted to the Commissioner of Insurance (“Commissioner”) under M.G.L. c. 90, c. 118G, § 6, c. 152, § 14A, c. 175, c. 175 §§ 2B, 108, 110E, 113T, and 205, c. 175J, c. 176, c. 176A, c. 176B, c. 176D, c. 176D, § 11, c. 176G, c.176G, § 6, c. 176J, §§ 6 and 11, c. 176K, c. 176O, §§ 2, 17, and 21, a hearing will be held at 10:00 a.m. on March 14, 2017, at the Division of Insurance (“Division”), Hearing Room 1-E, 1000 Washington Street, Boston, Massachusetts, 02118-6200.  The purpose of the hearing is to afford all interested persons an opportunity to provide oral and written statements regarding seven regulations that are the subject of proposed amendments.  The docket number assigned to each regulation and a description of the proposed actions to be taken follow.

Docket No. G2017-04

211 CMR 40.00 pdf format of hnot-211-40-redlined.pdf
Marketing of Insured Health Plans.  The regulation provides uniform standards for the advertising and marketing of insured health plans.  The proposed amendments strike references to the Health Care Financing Administration and substitute the Centers for Medicare & Medicaid Services to conform to the federal agency’s name change. 

Docket No. G2017-05

211 CMR 71.00 pdf format of hnot-211-71-hnot-redlined.pdf
file size 1MB Medicare Supplement Insurance to Facilitate the Implementation Of M.G.L. c. 176K and Section 1882 of the Federal Social Security Act.  The regulation establishes uniform standards for the contents, disclosures, and marketing of Medicare Supplement Insurance Policies. The proposed amendments include modifications to comply with mental health parity laws and to simplify and clarify rate manual requirements.

Docket No. G2017-06

211 CMR 147.00 pdf format of hnot-211-147-redlined.pdf
Methodology For Calculating And Reporting Medical Loss Ratios (MLRs) Of Health Benefit Plans. The regulation establishes a uniform methodology for carriers to calculate and report Medical Loss Ratios for Health Benefit Plans. The proposed amendments update the definition of “carrier” to conform to changes in the enabling statute.

Docket No. G2017-07

211 CMR 152.00 pdf format of hnot-211-152-redlined.pdf
Health Benefit Plans Using Limited, Regional or Tiered Provider Networks.  The regulation governs benefit design and marketing of insured health benefit plans that use limited, regional and tiered provider networks. The proposed amendments conform the regulation to legislative changes to the enabling statute.

Docket No. G2017-08

211 CMR 111.00 pdf format of hnot-211-111-hnot-redlined.pdf
Workers’ Compensation Insurance Requirements Applicable to Employee Leasing Companies and Their Client Companies. The regulation mandates that employee leasing companies properly obtain adequate workers’ compensation insurance coverage and that coverage premiums are commensurate with the exposure and anticipated claim experience. The proposed amendments include minor revisions for clarity.

Docket No. G2017-09

211 CMR 142.00 pdf format of hnot-211-142-redlined.pdf
Insurance Sales by Banks and Credit Unions. The regulation provides consumer protection safeguards for insurance sales by financial institutions. The proposed amendments add the term “lender” to the regulation, remove references to repealed legislation, and include revisions for consistency and clarity.

Docket No. G2017-10

211 CMR 56.00 pdf format of hnot-211-56-hnot-redlined.pdf
Reductions in Premium Charges for Private Passenger Motor Vehicle Insurance for Insureds Electing Optional Participating Repair Shop Endorsement Plans.  The regulation establishes a procedure for the approval of repair shop endorsements and plans submitted by motor vehicle insurers for collision, limited collision, and comprehensive insurance coverages.  The proposed amendments establish a new electronic filing requirement and include revisions for consistency and clarity.

The proposed regulations may be inspected in the Division’s offices during normal business hours or viewed on the Division’s website,  Persons who wish to present unsworn oral or written statements at the March 14, 2017 hearing are asked to submit a notice of intent to comment no later than March 10, 2017.  Other persons who wish to speak will be heard after those who notify the Division in advance.  The hearing record will remain open for a week after conclusion of the March 14, 2017 hearing to receive any additional written statements.

All notices and submissions must refer to the Docket Number for the particular regulation that the person intends to address. Notices and submissions in hard copy may be sent by mail to the Docket Clerk, Hearings and Appeals, Division of Insurance, at the address above or by electronic mail to


February 6, 2017


 Daniel R. Judson

 Commissioner of Insurance