TO: Carriers subject to M.G.L. c. 176O
FROM: Julianne M. Bowler, Commissioner of Insurance
DATE: June 15, 2006
RE: Waiver of the Five-year Requirement under 211 CMR 52.13(5)
The purpose of this bulletin is to inform carriers subject to M.G.L. c. 176O, also referred to as the Managed Care Statute, that the Division of Insurance ("Division") is waiving the provision under 211 CMR 52.13(5) until further notice, which requires that:

Carriers may use evidences of coverage issued prior to July 1, 2001, as if in compliance with 211 CMR 52.13. Evidences of coverage issued or renewed on or after July 1, 2001 must comply with all of the requirements of 211 CMR 52.13. Carriers shall issue to at least one adult insured in each household whose coverage renews between July 1, 2001, and June 30, 2002, an evidence of coverage upon renewal that complies with 211 CMR 52.13. Carriers may provide notice of material changes by issuing riders, amendments or endorsements to insureds who have received evidences of coverage in compliance with 211 CMR 52.13, provided, that a completely revised evidence of coverage shall be issued to at least one adult insured in each household residing in Massachusetts at least once every five years.

The reason for this waiver is that the Division is currently amending this provision of the regulation, in addition to other provisions, and intends to promulgate and publish such amendments shortly.

If you have any questions about this bulletin, please contact the Bureau of Managed Care at the Division of Insurance, (617) 521-7347, or send a facsimile request to (617) 521-7773.