Mass. Gen. Laws ch. 12C, sec. 9 — MA Code / Part I / Title II / Chapter 12C / Section 9
Reporting requirements for registered provider organizations
Status: in_force

Section 9. (a) The center, in consultation with the commission, shall promulgate regulations to require that provider organizations registered under section 11 of chapter 6D shall annually report the data as the center considers necessary to better protect the public interest in monitoring the financial conditions, organizational structure, business practices, clinical services and market share of each registered provider organization. The center may assess administrative fees on provider organizations in an amount to help defray the center's costs in complying with this section. The center may specify, by regulation, uniform reporting standards and reporting thresholds as it determines necessary. (b) The center shall require registered provider organizations to annually report information necessary to achieve the goals described in subsection (a) which shall include, but shall not be limited to: (i) organizational charts showing the ownership, governance and operational structure of the provider organization, including any clinical affiliations and community advisory boards; (ii) the number of affiliated health care professional full-time equivalents by license type, specialty, name and address of practice locations and whether the professional is employed by the organization; (iii) the name and address of licensed facilities by license number, license type and capacity in each major service category; (iv) the name, address and capacity of all other locations where the provider organization, or any of its affiliates, delivers health care services, including those services listed in subsection (a) of section 22 of chapter 6D; (v) a comprehensive financial statement, including information on parent entities, including their out-of-state operations, and corporate affiliates, including significant equity investors, health care real estate investment trusts and management services organizations as applicable, and including details regarding annual costs, annual receipts, realized capital gains and losses, accumulated surplus and accumulated reserves; (vi) information on stop-loss insurance and any non-fee-for-service payment arrangements; (vii) information on clinical quality, care coordination and patient referral practices; (viii) information regarding expenditures and funding sources for payroll, teaching, research, advertising, taxes or payments-in-lieu-of-taxes and other non-clinical functions; (ix) information regarding charitable care and community benefit programs; (x) for any risk-bearing provider organization, a certificate from the division of insurance under chapter 176U; (xi) information regarding other assets and liabilities that may affect the financial condition of the provider organization or the provider organization's facilities including, but not limited to, real estate sale-leaseback arrangements with health care real estate investment trusts; and (xii) such other information as the center considers appropriate as set forth in the center's regulations; provided, however, that the center shall coordinate with the commission and the division of insurance to obtain information directly from the commission or division; and provided further, that the center shall consider the administrative burden of reporting when developing reporting requirements. The center may, in consultation with the division of insurance and the commission, merge similar reporting requirements where appropriate. (c) Annual reporting shall be in a form provided by the center. The center shall promulgate regulations that define criteria for waivers from certain annual reporting requirements under this section. Criteria for waivers may include operational size of the provider organization, the provider organization's annual net patient service revenue, the degree of risk assumed by the provider organization and other criteria as the center considers appropriate. (d) Notwithstanding the annual reporting requirements under this section, the center may require in writing, at any time, such additional information as it deems reasonable and necessary to determine the organizational structure, business practices, clinical services, market share or financial condition of a registered provider organization, including information related to its total adjusted debt and total adjusted earnings. The center may: (i) modify uniform reporting requirements; (ii) require registered provider organizations with private equity investment to report required information quarterly; or (iii) require the disclosure of relevant information from any significant equity investor associated with a registered provider organization. (e) The center may enter into interagency agreements with the commission and other state agencies to effectuate the goals of this section.

Section 9. (a) The center, in consultation with the commission, shall promulgate regulations to require that provider organizations registered under section 11 of chapter 6D shall annually report the data as the center considers necessary to better protect the public interest in monitoring the financial conditions, organizational structure, business practices, clinical services and market share of each registered provider organization. The center may assess administrative fees on provider organizations in an amount to help defray the center's costs in complying with this section. The center may specify, by regulation, uniform reporting standards and reporting thresholds as it determines necessary.

(b) The center shall require registered provider organizations to annually report information necessary to achieve the goals described in subsection (a) which shall include, but shall not be limited to: (i) organizational charts showing the ownership, governance and operational structure of the provider organization, including any clinical affiliations and community advisory boards; (ii) the number of affiliated health care professional full-time equivalents by license type, specialty, name and address of practice locations and whether the professional is employed by the organization; (iii) the name and address of licensed facilities by license number, license type and capacity in each major service category; (iv) the name, address and capacity of all other locations where the provider organization, or any of its affiliates, delivers health care services, including those services listed in subsection (a) of section 22 of chapter 6D; (v) a comprehensive financial statement, including information on parent entities, including their out-of-state operations, and corporate affiliates, including significant equity investors, health care real estate investment trusts and management services organizations as applicable, and including details regarding annual costs, annual receipts, realized capital gains and losses, accumulated surplus and accumulated reserves; (vi) information on stop-loss insurance and any non-fee-for-service payment arrangements; (vii) information on clinical quality, care coordination and patient referral practices; (viii) information regarding expenditures and funding sources for payroll, teaching, research, advertising, taxes or payments-in-lieu-of-taxes and other non-clinical functions; (ix) information regarding charitable care and community benefit programs; (x) for any risk-bearing provider organization, a certificate from the division of insurance under chapter 176U; (xi) information regarding other assets and liabilities that may affect the financial condition of the provider organization or the provider organization's facilities including, but not limited to, real estate sale-leaseback arrangements with health care real estate investment trusts; and (xii) such other information as the center considers appropriate as set forth in the center's regulations; provided, however, that the center shall coordinate with the commission and the division of insurance to obtain information directly from the commission or division; and provided further, that the center shall consider the administrative burden of reporting when developing reporting requirements. The center may, in consultation with the division of insurance and the commission, merge similar reporting requirements where appropriate.

(c) Annual reporting shall be in a form provided by the center. The center shall promulgate regulations that define criteria for waivers from certain annual reporting requirements under this section. Criteria for waivers may include operational size of the provider organization, the provider organization's annual net patient service revenue, the degree of risk assumed by the provider organization and other criteria as the center considers appropriate.

(d) Notwithstanding the annual reporting requirements under this section, the center may require in writing, at any time, such additional information as it deems reasonable and necessary to determine the organizational structure, business practices, clinical services, market share or financial condition of a registered provider organization, including information related to its total adjusted debt and total adjusted earnings. The center may: (i) modify uniform reporting requirements; (ii) require registered provider organizations with private equity investment to report required information quarterly; or (iii) require the disclosure of relevant information from any significant equity investor associated with a registered provider organization.

(e) The center may enter into interagency agreements with the commission and other state agencies to effectuate the goals of this section.