Division Of Insurance August 2015 Regulatory Review Public Comment Sessions

As part of its regulation review, the Division scheduled a series of public comment sessions that took place in August 2015 to receive comments from the general public and interested industry members concerning the Division’s existing regulations.

Introduction

The Division of Insurance, as part of a statewide effort, is undertaking a review of all of its existing regulations to determine whether there is a clearly identified need for continuing to retain the particular regulation, including: whether any costs associated with the regulation exceed the benefits that result from the particular regulation; whether the regulation exceeds federal requirements or duplicate local requirements; whether less restrictive alternatives to the particular regulation exist; and whether the regulation unduly and adversely affects Massachusetts citizens and consumers, or the competitive environment in Massachusetts.

As part of its regulation review, the Division scheduled a series of public comment sessions that took place in August 2015 to receive comments from the general public and interested industry members concerning the Division’s existing regulations; different subject-matter groups of regulations were discussed at each of the six sessions, and the list of regulations discussed at each session is set forth below. All of the public sessions were held at the Division of Insurance, 1000 Washington Street, Boston, in Hearing Room 1-E, and the sessions were audio recorded. 

Members of the public and industry were invited to attend and make oral comments during the sessions. In addition, written comments were encouraged with respect to any or all of the regulations. 

Written comments that were submitted to the Division are posted on this page under the appropriate session heading. 

Audio recordings of the sessions are available upon request. For those interested in receiving copies of the audio recordings may submit a request to [e-mail]

Tuesday, August 4, 2015 – 10:30am – 12:00pm Workers Compensation Insurance (6)

Written Comments Concerning Regulations
American Insurance Association 
Commonwealth Of Massachusetts Office Of The Attorney General  file size 1MB
Massachusetts Association of Insurance Agents 
Massachusetts Insurance Federation 
Massachusetts Insurance Federation Joint Submission 

• 211 CMR 45.00: ESTABLISHMENT OF SERVICE FEE TO INSURANCE PRODUCERS ASSISTING EMPLOYERS IN OBTAINING WORKERS’ COMPENSATION INSURANCE
• 211 CMR 67.00: WORKERS' COMPENSATION SELF-INSURANCE GROUPS
• 211 CMR 110.00: PROCEDURES CONCERNING RATE FILINGS AND THE CONDUCT OF HEARINGS FOR WORKERS' COMPENSATION INSURANCE
• 211 CMR 111.00: WORKERS’ COMPENSATION INSURANCE REQUIREMENTS APPLICABLE TO EMPLOYEE LEASING COMPANIES AND THEIR CLIENT COMPANIES
• 211 CMR 113.00: REQUIREMENTS REGARDING WORKERS COMPENSATION INSURANCE DEDUCTIBLES
• 211 CMR 115.00 -- REQUIREMENTS APPLICABLE TO WORKERS' COMPENSATION DEDUCTIBLE POLICIES

Wednesday, August 5, 2015 – 10:30am – 12:30pm Financial Regulations (11)

Written Comments Concerning Regulations          
Lloyd’s           
Reinsurance Association of America 
Massachusetts Insurance Federation 
Plymouth Rock Assurance Corporation 

• 211 CMR 7.00: Massachusetts Insurance Holding Company System
• 211 CMR 8.00: Investments of Officers, Directors, and Principal Stock-Holders of Domestics Stock Insurance Companies
• 211 CMR 20.00: Risk-Based Capital (RBC) for Insurers
• 211 CMR 23.00: Audits of Insurers by Independent Certified Public Accounts for Years Ending 1991 and After
• 211 CMR 25.00: Risk-Based Capital (RBC) for Health Organizations
• 211 CMR 26.00: Annual Financial Reporting for Years ending 2010 and After
• 211 CMR 129.00: Life and Health Reinsurance Agreements
• 211 CMR 130.00: Credit for Reinsurance
• 211 CMR 132.00:  Actuarial Opinion and Memorandum Regulation
• 211 CMR 140.00: Procedures Concerning the Merger or Consolidation of Insurance Companies
• 211 CMR 150.00: Standards and Commissioner’s Authority for Placing Companies Deemed to be in Hazardous Financial Condition under Administrative Supervision

Friday, August 7, 2015 – 10:30am – 12:30pm Health Insurance (23)

Written Comments Concerning Regulations          
Blue Cross Blue Shield of MA  file size 2MB
The Commonwealth Of Massachusetts Office Of The Attorney General  file size 1MB
Health Care For All 
Massachusetts Association of Health Plans 
Massachusetts Association of Health Underwriters 
Massachusetts Hospital Association 
Massachusetts Insurance Federation 
Massachusetts Society of Optometrists 
Minuteman Health, Inc. 
Steward Health Care System LLC 
Tufts Health Plan 

• 211 CMR 37.00: Infertility Benefits
• 211 CMR 38.00: Coordination of Benefits
• 211 CMR 40.00: Marketing of InsurED Health Plans
• 211 CMR 41.00 – Nongroup Health Insurance Rate and Policy Form Filings, Review and Hearing Procedures under M.G.L. c. 176M
• 211 CMR 42.00: The Form and Content of Individual Accident and Sickness Insurance
• 211 CMR 43.00: Health Maintenance Organizations (HMOs)
• 211 CMR 44.00: Confidentiality of Bids Submitted for Restricted Pharmacy Network Contracts: To Facilitate the Implementation of M.G.L. c. 176D, sec. 3B
• 211 CMR 51.00: PREFERRED PROVIDER HEALTH PLANS AND WORKERS’ COMPENSATION PREFERRED PROVIDER ARRANGEMENTS
• 211 CMR 52.00: MANAGED CARE CONSUMER PROTECTIONS AND ACCREDITATION OF CARRIERS
• 211 CMR 63.00: YOUNG ADULT HEALTH BENEFIT PLANS
• 211 CMR 64.00: DEFINITIONS OF QUALIFIED MEDICAL INSURANCE FOR M.G.L. C. 118E, sec. 9C
• 211 CMR 66.00: SMALL GROUP HEALTH INSURANCE
• 211 CMR 71.00: MEDICARE SUPPLEMENT INSURANCE -- TO FACILITATE THE IMPLEMENTATION OF M.G.L. c. 176K AND SECTION 1882 OF THE FEDERAL SOCIAL SECURITY ACT
• 211 CMR 121.00: PROCEDURES CONCERNING RATE FILINGS MADE PURSUANT TO M.G.L. c. 176K, AND THE CONDUCT OF HEARINGS ON SUCH FILINGS
• 211 CMR 146.00: Specified Disease Insurance
• 211 CMR 147.00: Methodology for Calculating and Reporting Medical Loss Ratios (MLRs) of Health Benefit Plans
• 211 CMR 148.00: REGISTRATION AND REPORTING REQUIREMENTS FOR THIRD-PARTY ADMINISTRATORS
• 211 CMR 149.00 – ANNUAL COMPREHENSIVE FINANCIAL STATEMENTS PURSUANT TO M.G.L. C. 176O, § 21
• 211 CMR 151.00: CERTIFIED GROUP PURCHASING COOPERATIVES
• 211 CMR 152.00: HEALTH BENEFIT PLANS USING LIMITED, REGIONAL OR TIERED PROVIDER NETWORKS
• 211 CMR 153.00: CONTINUITY OF CARE ACCESS TO COMPREHENSIVE CANCER CENTERS, PEDIATRIC HOSPITALS, AND PEDIATRIC SPECIALTY UNITS FOR SMALL GROUP HEALTH BENEFIT PLANS THAT UTILIZE LIMITED, REGIONAL OR TIERED PROVIDER NETWORKS
• 211 CMR 154.01: ENFORCEMENT OF MENTAL HEALTH PARITY
• 211 CMR 155.00: RISK-BEARING PROVIDER ORGANIZATIONS

Monday, August 10, 2015 – 10:30am – 12:30pm Life Insurance/Annuities Regulations (13)

Written Comments Concerning Regulations

 American International Group Inc. 
Life Insurance Association of Massachusetts 

• 211 CMR 28.00: LIFE INSURANCE ILLUSTRATIONS
• 211 CMR 29.00: VALUATION OF LIFE INSURANCE POLICIES
• 211 CMR 30.00: REINSURANCE OF PROPERTY AND CASUALTY RISKS BY LIFE INSURERS
• 211 CMR 31.00: LIFE INSURANCE SOLICITATION
• 211 CMR 32.00: USE OF GENDER-BLENDED AND SMOKER/NONSMOKER MORTALITY TABLES
• 211 CMR 34.00: THE REPLACEMENT OF LIFE INSURANCE AND ANNUITIES
• 211 CMR: 36.00: THE USE OF HIV-RELATED INFORMATION FOR LIFE AND HEALTH INSURANCE AND INFORMED CONSENT
• 211 CMR 39.00: ANNUITY MORTALITY TABLES FOR USE IN DETERMINING RESERVE LIABILITIES FOR ANNUTIES
• 211 CMR 55.00 DISCLOSURE REQUIREMENTS FOR LIFE INSURANCE POLICIES WITHACCELERATED BENEFIT PROVISIONS AND ANNUITY CONTRACTS WITH WAIVERS OF SURRENDER CHARGES FOR EARLY WITHDRAWAL OF ANNUITY PROCEEDS IN THE EVENT OF TOTAL AND PERMANENT DISABILITY
• 211 CMR 57.00: Recognition of the 2001 CSO Mortality Table FOR USE IN DETERMINING MINIMUM RESERVE LIABILITIES AND NON-FORFEITURE BENEFITS
• 211 CMR 58.00: PERMITTING THE RECOGNITION OF PREFERRED MORTALITY TABLES FOR USE IN DETERMINING MINIMUM RESERVE LIABILITIES
• 211 CMR 95.00: VARIABLE LIFE INSURANCE
• 211 CMR 96.00: CONSUMER PROTECTION IN ANNUITY TRANSACTIONS

Tuesday, August 11, 2015 – 10:30am – 12:30pm Auto Insurance (16)

Written Comments Concerning Regulations          
Massachusetts Association of Insurance Agents           
Alliance of Automotive Service Provider 
Commonwealth Of Massachusetts Office Of The Attorney General  file size 1MB
CARCO Group Inc. 
Insurance Services Office, Inc. 
JN Phillips Auto Glass 
Massachusetts Insurance Federation 
Merit Rating Board 

• 211 CMR 3.00: MOTORCYCLE INSURANCE
• 211 CMR 54.00: PROCEDURE FOR SURRENDER AND NON-RENEWAL OF LICENSES BY INSURERS AUTHORIZED TO WRITE MOTOR VEHICLE INSURANCE
• 211 CMR 56.00: REDUCTIONS IN PREMIUM CHARGES FOR PRIVATE PASSENGER MOTOR VEHICLE INSURANCE FOR INSUREDS ELECTING OPTIONAL PARTICIPATING REPAIR SHOP ENDORSEMENT PLANS
• 211 CMR 70.00: MEMORANDUM OF ORDER RELATIVE TO THE ESTABLISHMENT OF A STATISTICAL PLAN (MASSACHUSETTS AUTOMOBILE STATISTICAL PLAN)
• 211 CMR 74.00: STANDARDS OF FAULT TO BE USED BY THE BOARD OF APPEAL ON MOTOR VEHICLE LIABILITY POLICIES AND BONDS AND INSURERS IN PRESUMING FAULT WHEN MAKING AT FAULT DETERMINATIONS
• 211 CMR 75.00: REPORTING THE THEFT OF A MOTOR VEHICLE
• 211 CMR 77.00: PROCEDURES FOR THE CONDUCT OF PROCEEDINGS ON FIXED AND ESTABLISGED PRIVATE PASSENGER MOTOR VEHICLE INSURANCE RATES
• 211 CMR 79.00: PRIVATE PASSENGER MOTOR VEHICLE INSURANCE RATES
• 211 CMR 88.00 PROCEDURES FOR THE APPEAL OF SAFE DRIVER INSURANCE PLAN(SDIP) MOTOR VEHICLE ACCIDENT SURCHARGES AND FOR CONDUCT OF SDIP MOTOR VEHICLE ACCIDENT SURCHARGE HEARINGS
• 211 CMR 91.00: MOTOR VEHICLE INSURANCE RATES
• 211 CMR 94.00: PRE-INSURANCE INSPECTION OF PRIVATE PASSENGER MOTOR VEHICLES
• 211 CMR 97.00 PROCEDURES FOR CANCELLATION AND NON-RENEWAL OF MOTOR VEHICLE INSURANCE POLICIES
• 211 CMR 123.00: DIRECT PAYMENT OF MOTOR VEHICLE COLLISION AND COMPREHNSIVE COVERAGE CLAIMS AND REFERRAL REPAIR SHOP PROGRAMS
• 211 CMR 133.00: STANDARDS FOR THE REPAIR OF DAMAGED MOTOR VEHICLES
• 211 CMR 134.00: SAFE DRIVER INSURANCE PLAN
• 211 CMR 135.00 – Requirements Regarding Referrals to Motor Vehicle Glass Repair Shops

Wednesday, August 12, 2015 – 10:30am – 12:30pm Miscellaneous (14)

Life Insurance Association of Massachusetts 
Commonwealth Of Massachusetts Office Of The Attorney General  file size 1MB
Massachusetts Association of Health Underwriters 
Massachusetts Property Insurance Underwriting 

• 211 CMR 10.00: NATION-WIDE MARINE DEFINITIONS
• 211 CMR 13.00 PROXIES, CONSENTS AND AUTHORIZATIONS OF DOMESTIC STOCK INSURERS
• 211 CMR 15.00: STATISTICAL PLANS
• 211 CMR 16.00: PETITIONS FOR THE ADOPTION, AMENDMENT OR REPEAL OF REGULATIONS
• 211 CMR 24.00 LIMITED LIABILITY COMPANIES AND LIMITED LIABILITY PARTNERSHIPS; MINIMUM AMOUNT OF LIABILITY INSURANCE
• 211 CMR 27.00: MILITARY SALES PRACTICES
• 211 CMR 50.00: CONTINUING EDUCATION FOR INSURANCE PRODUCERS
• 211 CMR 65.00: LONG-TERM CARE INSURANCE
• 211 CMR 90.00: LEGAL SERVICES PLANS
• 211 CMR 101.00 PROCEDURES CONCERNING RATE FILINGS MADE PURSUANT TO M.G. L. C. 175C AND THE CONDUCT OF HEARINGS ON SUCH FILINGS
• 211 CMR 131.00: REQUIREMENTS APPLICABLE TO INSURANCE ON LIABILITY FOR INJURY FROM EXPOSURE TO DANGEROUS LEVELS OF LEAD IN DWELLIG UNITS
• 211 CMR 142.00: INSURANCE SALES BY BANKS AND CREDIT UNIONS
• 211 CMR 143.00: CREDIT INSURANCE DISCLOSURE REQUIREMENTS
• 211 CMR 144.00: PROCEDURES FOR THE REGULATORY REVIEW OF AND PUBLIC HEARINGS ON PLANS OF Reorganization or Conversion Pursuant to M.G.L. c. 175, §§ 19F-19W