Guide Guide to appealing an EMAC Supplement Liability Determination

If you received an EMAC (Employer Medical Assistance Contribution) Supplement Liability Determination that you disagree with, learn how to request an appeal to the EMAC Supplement Hearings Department. This guide will explain the hearings process and walk you through the steps for filing an appeal.

Table of Contents

How to file an appeal

You must file an appeal with the EMAC Supplement Hearings Department within 10 calendar days of the mailing date on your determination notice.

There are 2 ways to file an appeal:

  • You can log in to your UI Online account, or
  • You can complete a written request for appeal and mail it to the EMAC Supplement Hearings Department

Key Actions for How to file an appeal

After you file an appeal

2 letters will be sent to you

When we receive your request, we will send you 2 appeal acknowledgement letters. The first letter is sent immediately to confirm your appeal request was received. The second letter is called the Notice of Hearing, and is sent when your hearing is scheduled.

The Notice of Hearing will:

  • Give you notice of the time and date of your hearing
  • Provide you instructions on how to call us on your hearing date
  • Give you instructions on how to prepare for your hearing, including how to submit relevant documentation to us

Your first appeal acknowledgement letter may be followed by a Notice of Dismissal if your request for an appeal does not state cognizable grounds.

Hearings Department procedures

In order to determine the facts of the case and make a fair decision, you will be assigned to an impartial review examiner who has no knowledge of the case aside from reading the file documents. This impartiality ensures that all parties have a fair hearing with an adequate opportunity to present relevant testimony and documents.

Prepare for your hearing

Prepare for your hearing

The EMAC Supplement Hearings Department offers the following tips to prepare for your hearing:

  • Be prepared with all documentation you see fit
  • Review the case file before your hearing
  • Keep to the facts and information relevant to the case at hand

Your right to representation

You have the right to have a lawyer. If you want a lawyer at your hearing, you must find and hire someone as soon as possible. You can find a lawyer online through the Mass Bar Association and the Boston Bar Association.

Important disclaimer

The information presented on this site is not legal advice. It should not replace advice from a lawyer. Reference to any specific organizations, attorneys, law firms, corporations, or websites does not constitute the Department of Unemployment Assistance's (DUA) endorsement or recommendation.

Additional Resources for Prepare for your hearing

After your hearing

The person in charge of the hearing (the review examiner) will determine whether or not your EMAC Supplement Liability assessment will remain, or if any or all of your assessment should not have been charged. If it is determined that your assessment should not have been charged, funds will be credited to your account the following quarter.

When the determination is made, you’ll be sent a written decision either electronically or by U.S. Mail, based on your correspondence preference.

Additional Resources for After your hearing

Request an additional review of an employee’s eligibility for subsidized healthcare

If you wish to request review of an employee's eligibility, you must submit a completed form to MassHealth no later than 30 days after EMAC Supplement payments are due for the quarter your request is referencing

If you believe an employee was ineligible for subsidized coverage, you may fill out the EMAC Employee Information Form - Q4 2019. You must submit a separate form for each individual employee you want to report.

Send the form with any additional documents via secure email to the following email address: EMACemployeedata@State.MA.US

An employee may be ineligible for subsidized coverage due to the following:

  • An employee is enrolled in the employer’s sponsored insurance
  • An employee is not a Massachusetts resident
  • An employee has wages which are inconsistent with income eligibility

If the information provided results in a determination that an employee was enrolled in qualifying employer sponsored insurance or was not eligible for subsidized benefits, a credit will be issued to your account.

Additional Resources for Request an additional review of an employee’s eligibility for subsidized healthcare