TO: Health Maintenance Organizations (HMOs)
FROM: Julianne M. Bowler, Commissioner of Insurance
DATE: January 30, 2004
RE: Notice of Statutory Amendment - M.G.L. c. 176D
Includes Health Maintenance Organizations

The purpose of this Bulletin is to inform Health Maintenance Organizations (HMOs) of the recently enacted sections 33 and 83 of St. 2003, c. 141 (Chapter 141). Chapter 141 now includes HMOs within the term "person" under M.G.L. c. 176D, § 1. Accordingly, Chapter 141 clarifies that HMOs are subject to all of the provisions of M.G.L. c. 176D, in addition to §§ 3(4), 3A and 3B. Chapter 141 became effective on January 1, 2004 and companies are reminded that they are expected to understand and to comply with the statute.

The unofficial version of the text of Chapter 141 can be viewed on the state Internet website at http://www.mass.gov/legis/laws/seslaw03/sl030141.htm

If you should have any questions regarding this bulletin or in determining how your company can comply with Massachusetts law, please contact Abigail Morgan at the Office of the General Counsel at 617-521-7309.