Division of Insurance Listening Session on Out-of-Network Costs

The Division of Insurance is scheduling a series of listening sessions during September to November, 2026 to hear public comments from interested parties about out-of-network costs. Please note, there are different Teams links to the different sessions.

Wednesday September 9, 2026 at 11 am Join this Discussion   Meeting ID: 266 397 620 944 317 Passcode: WH7BL7D6 

Thursday, October 1, 2026 at 10 am Join this Discussion  Meeting ID: 277 651 048 459 07 Passcode: s3sT6Tb7

Monday, October 5, 2026 at 10 am  Join this Discussion  Meeting ID: 247 577 353 823 456 Passcode: Gj6B923f

For the two remaining sessions relating to out-of-network costs, the Division seeks feedback from the public on the following topics:

• Thursday, October 1, 2026 
  • Topic: Metric/Index & Scope of an Out-of-Network Default Rate
  • This session will focus on key considerations related to the methodology and scope of a potential out-of-network default rate. We welcome feedback on approaches for establishing and updating a rate, including potential benchmarks or indices, geographic considerations, and mechanisms for maintaining relevance over time while supporting affordability and network access to services for members/patients.  We are additionally interested in perspectives on the appropriate scope and application of a potential default rate, including the services and providers to which it should apply, circumstances that may warrant different treatment, and considerations related to pre-scheduled and non-emergency care.
    
    We encourage participants to consider the potential implications of different approaches for access, affordability, provider networks, administrative burden, and costs.
• Monday, October 5, 2026
  • Topic: Consumer Protections & Network Impacts of an Out-of-Network Default Rate
  • This session will focus on additional consumer protections and the potential impact of an out-of-network default rate on provider networks. We welcome feedback on approaches to protecting consumers from unexpected out-of-network costs, including considerations related to balance billing, cost-sharing, and notice and consent requirements, as well as the potential implications for access to care and health care utilization.  The discussion will additionally consider the effects of different default rate approaches on provider networks and the broader health care market. 
    
    We encourage stakeholders to share perspectives on potential impacts across a broad range of provider types, services, and geographic areas, as well as regulatory approaches for monitoring and evaluating network access to services for members/patients and other market impacts over time.

Please also note that any draft regulations developed by the Division will be subject to the applicable agency process, including a public hearing at the appropriate time.

In addition to providing oral comments during these listening sessions, interested parties may submit written comments on these topics through October 8, 2026.  Written comments should be emailed to Cara Libman at cara.i.libman@mass.gov.