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2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176c - Non-Profit Medical Service Plans › Section 3 - Incorporators; Approval of Certificate of Organization; Board of Directors

Section 3. Persons desiring to form a medical service corporation shall incorporate as provided in section three of chapter one hundred and eighty. Every certificate of organization of a medical service corporation formed under this chapter, before being filed under chapter one hundred and eighty, shall have endorsed thereon or attached thereto the consent of the department of public health and of the commissioner of public welfare. The board of directors of a medical service corporation shall number not less than nine, of whom at least three and not more than one third shall be subscribing members of such a medical service corporation and of whom at least three and not more than one third shall be physicians who are members of the Massachusetts Medical Society or other recognized association of physicians and who are not associated physicians of the medical service plan.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176c - Non-Profit Medical Service Plans › Section 4 - Contracts to Provide Medical Service

Section 4. No medical service corporation shall, through its own agents or employees, provide any medical services, but any such corporation may enter into an agreement with one or more medical organizations whereby said medical organization or organizations agree to provide specified medical services for the subscribing members of the said medical service corporation; provided, that said agreement shall provide for the payment of a stipulated percentage or percentages of the subscriptions or other receipts, or both, of the medical service corporation to the medical organization and shall not provide for any specific amounts, whether or not based upon the number of services rendered to subscribing members. Any such agreement shall be subject to the approval of the department of public health.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176c - Non-Profit Medical Service Plans › Section 5 - Medical Organization Defined; Content of Agreement; Protection of Patient-Physician Relationship; Approval of Department of Public Health

Section 5. Any medical organization shall consist of not less than five physicians who are duly registered to practice in the commonwealth and who are members of the Massachusetts Medical Society or other recognized association of physicians, or are members of the staff of any hospital approved by the American College of Surgeons. Any medical organization may enter into an agreement with any duly registered physician whereby such associated physician agrees to furnish medical services to the subscribing members of a medical service corporation with which the medical organization has an agreement and whereby such associated physician agrees to accept as payment for said services a proportion of the funds received by the said medical organization from the said medical service corporation. Such agreement to accept payment for services shall provide for payment according to units of funds received by the said medical organization and shall not provide for specified amounts, whether according to the services rendered by the said physician or otherwise. Nothing herein shall change the normal relations between patient and physician nor prohibit any medical organization from employing a medical director and assistants, or nurses, or establishing a clinic for the rendering of medical services. Any such agreement between a medical organization and its associated physicians shall be subject to the approval of the department of public health.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176c - Non-Profit Medical Service Plans › Section 6 - Associated Physician; Grounds for Termination of Agreement

Section 6. Every registered physician who complies with the qualifications, rules and regulations of a medical organization doing business in the community where such physician resides or practices, approved by the department of public health, shall have the right to become an associated physician of said medical organization. A medical organization may terminate its agreement with any associated physician for rendering any fraudulent or improper claim for payment or for failure reasonably to observe the approved rules and regulations of such medical organization including those governing the reports of services and the keeping of accounts and records or for failure to comply with the professional code of ethics as accepted by organized medicine.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176c - Non-Profit Medical Service Plans › Section 7 - Subscribers; Choice of Physician

Section 7. Any person residing in the commonwealth who meets the qualifications specified in the by-laws of a medical service corporation shall have the right to become a subscribing member of the corporation. No officer, agent or employee of a medical service corporation shall influence or attempt to influence a subscribing member, or his dependent, in his choice of an associated physician. Any medical service corporation may, at its discretion, deny the right of membership to any person who makes any fraudulent claim or representation to the medical service corporation or associated physician or who has failed after a reasonable period of grace, to pay dues or other charges as provided in the subscription agreement, or for any other cause which may be approved by the department of public health.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176c - Non-Profit Medical Service Plans › Section 8 - Form and Content of Subscription Agreement

Section 8. A subscription agreement in a form approved by the department of public health shall be issued to each subscribing member of a medical service corporation. In addition to any other requirements such a form must meet the minimum readability standards required by section two B of chapter one hundred and seventy-five. Such agreement shall include a full and accurate statement of the benefits of membership, the medical services excluded if any, and the terms of duration, cancellation and termination. The by-laws, rules and regulations of a medical service corporation may by reference be incorporated in the subscription agreement; provided, that a full and complete copy of said by-laws, rules and regulations shall be available to any subscriber.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176c - Non-Profit Medical Service Plans › Section 9 - Annual Statement; Verification; Content; Violations

Section 9. Every medical service corporation shall annually on or before the first day of March file in the office of the commissioner of insurance a statement verified by at least two of the principal officers of said corporation showing its condition as of the thirty-first day of December next preceding. Said statement shall be in such form and shall contain such other matters as the commissioner of insurance shall prescribe. A corporation neglecting to make and file its annual statement in the form and within the time herein specified shall forfeit one hundred dollars for each day during which such neglect continues after notification by said commissioner of such neglect, and thirty days after said notice said commissioner may terminate its authority to do new business while such default continues.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176c - Non-Profit Medical Service Plans › Section 11 - Depositary for Funds

Section 11. The funds of any corporation subject to this chapter shall be kept only in banks in which funds of the commonwealth are authorized to be deposited, or by depositing on paid-up shares and accounts of and in co-operative banks, or by investing in share accounts of federal savings and loan associations located in this commonwealth in accordance with the authority and limitations specified in section ten of chapter one hundred and seventy-six B.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176c - Non-Profit Medical Service Plans › Section 12 - Submission of Disputes; Review of Determination

Section 12. Any dispute arising between a medical service corporation and any medical organization with which such corporation has an agreement as provided by this chapter may be submitted to the department of public health for its decision with respect thereto. All decisions and findings of any state department or officer made under any provision of this chapter may be revised by proper proceedings in the superior court.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176c - Non-Profit Medical Service Plans › Section 13 - Grounds for Enjoining Transaction of Business; Receivers; Distribution of Funds

Section 13. If the department of public health is satisfied as to any corporation subject to this chapter that:
1. It has failed to comply with the provisions of its charter, or
2. It is being operated for profit, or
3. It is fraudulently conducted, or
4. Its condition is such as to render its further transaction of business hazardous to the public or to its subscribers, or
5. Its officers and agents have refused to submit to an examination under section ten, or
6. It has exceeded its powers, or
7. It has violated any provision of law,
it may apply to the supreme judicial court for an injunction restraining such corporation from further proceeding with its business. The court may forthwith issue a temporary injunction restraining the transaction of any business, and it may after a full hearing make the injunction permanent and appoint one or more receivers to take possession of the books, papers, monies and other assets of the corporation, settle its affairs, and distribute its funds to those entitled thereto, subject to such rules and orders as the court may prescribe.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176c - Non-Profit Medical Service Plans › Section 14 - Tax Exemption; Liability

Section 14. Every corporation subject to this chapter is hereby declared to be a charitable and benevolent corporation and, except as hereinafter provided, its property shall be exempt from state, county, district and municipal taxes. No such corporation nor any medical organization shall be liable for injuries resulting from negligence or malpractice on the part of any associated physician or any of its employees.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176c - Non-Profit Medical Service Plans › Section 15 - Excise Tax; Violation

Section 15. Every corporation subject to this chapter shall annually on or before March first, make a return to the commissioner of revenue, signed and sworn to by a majority of its board of directors, of the total amount of subscription dues paid by subscribing members during the preceding calendar year, and shall pay to said commissioner an excise of one per cent upon the amount of such dues. If said corporation neglects to make such return, it shall forfeit fifty dollars for each day such neglect continues.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176c - Non-Profit Medical Service Plans › Section 16 - Salaries, Compensation or Emoluments

Section 16. No corporation subject to this chapter shall pay any salary, compensation or emolument to any officer, trustee or director thereof, nor shall any such corporation pay any salary, compensation or emolument, amounting in any year to more than five thousand dollars, to any person, unless such payment be first authorized by a vote of its board of directors. No corporation subject to this chapter shall make any agreement with any of its officers, trustees or employees whereby it agrees that for any services rendered or to be rendered he shall receive any salary, compensation or emolument for a period of more than three years from the date of such agreement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176c - Non-Profit Medical Service Plans › Section 16a - Pay-Roll Deductions for Governmental Employees

Section 16A. The pertinent provisions of section one hundred and thirty-eight A of chapter one hundred and seventy-five shall apply to deductions on pay-roll schedules from the salary of any state, county or municipal employee for the payment of the amount payable by such an employee under a contract issued to him as a subscribing member by a medical service corporation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176c - Non-Profit Medical Service Plans › Section 17 - Right of Organization to Provide Medical Services

Section 17. Nothing herein shall be construed to prohibit the providing of medical services by an educational or other charitable institution to the persons whom it serves, nor to prohibit any business organization from providing medical services for its employees, nor to prohibit an insurance company, or other corporation or society which is subject to the supervision of the commissioner of insurance, from operating in accordance with the laws governing insurance companies or such corporations or societies.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176d - Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance › Section 1 - Definitions

Section 1. When used in this chapter, the following words shall have the following meanings except as otherwise specifically provided:
(a) ''Person'', any individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyds insurer, fraternal benefit society, operators of any medical service plan and hospital service plan as defined in chapters 176B, 176C, 176E and 176F, carriers and health maintenance organizations as defined in chapter 176G, insurers and sponsors of a legal services plan as defined in chapter 176H, any other legal entity or self insurer which is engaged in the business of insurance, including agents, brokers, and adjusters, the Massachusetts Insurers Insolvency Fund and any joint underwriting association established pursuant to law. For purposes of this chapter, operators of any such medical and hospital service plans and carriers and such health maintenance organizations shall be engaged in the business of insurance.
(b) ''Commissioner'', the commissioner of insurance.
(c) ''Insurance policy'' or ''insurance contract'', any contract or insurance, indemnity, medical or hospital service, dental or optometric, suretyship, or annuity issued, proposed for issuance or intended for issuance by any person.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176d - Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance › Section 2 - Unfair Trade Practices

Section 2. No person shall engage in this commonwealth in any trade practice which is defined in this chapter as, or determined pursuant to section six of this chapter to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176d - Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance › Section 3a - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices in the Business of Insurance; Certain Business Entities

Section 3A. The following shall be unfair methods of competition and unfair or deceptive acts or practices in the business of insurance by entities organized under chapters 176A, 176B, 176G and 176I or licensed under chapter 175: (i) entering into any agreement to commit or by any concerted action committing any act of, boycott, coercion, intimidation resulting in or tending to result in unreasonable restraint of, or monopoly in, the business of insurance; (ii) refusal to enter into a contract with a health care facility on the basis of the facility's religious affiliation; (iii) seeking to set the price to be paid to any health care facility or provider by reference to the price paid, or the average of prices paid, to that health care facility or provider under a contract or contracts with any other nonprofit hospital service corporation, medical service corporation, insurance company, health maintenance organization or preferred provider arrangement; (iv) refusal to contract or affiliate with a health care facility solely because the facility does not provide a specific service or range of services; (v) selecting or contracting with a health care facility or provider not based primarily on cost, availability and quality of covered services; (vi) refusal to enter into a contract with a health care facility solely on the basis of the facility's governmental affiliation; and (vii) arranging for an individual employee to apply for individual health insurance coverage, as defined in chapter 176J, for the purpose of separating that employee from group health insurance coverage to reduce costs for an employer sponsored health plan provided in connection with the employee's employment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176d - Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance › Section 4 - Prohibited Requirements and Conditions in Lending of Money or Extension of Credit and Renewals Thereof

Section 4. No person may: (a) require, as a condition precedent to the lending of money or extension of credit, or any renewal thereof, that the person to whom such money or credit is extended or whose obligation the creditor is to acquire or finance, negotiate any policy or contract of insurance through a particular insurer or group of insurers or agent or broker or group of agents or brokers;
(b) unreasonably disapprove an insurance policy provided by a borrower for the protection of property securing a credit or lien. Such disapproval shall be deemed unreasonable if it is not based solely on reasonable standards uniformly applied, relating to the extent of coverage required and the financial soundness and the services of an insurer. Such standards shall not discriminate against any particular type of insurer, nor shall such standards call for the disapproval of an insurance policy because such policy contains coverage in addition to that required;
(c) require, directly or indirectly, that any borrower, mortgagor, purchaser, insurer, broker, or agent pay a separate charge to substitute the insurance policy of one insurer for that of another. Interest on premium loans or premium advancements in accordance with a security instrument shall not be considered such a separate charge; or
(d) use or disclose information resulting from a requirement that a borrower, mortgagor or purchaser furnish insurance of any kind or real property being conveyed or used as collateral security to a loan, when such information is to the advantage of the mortgagee, vendor, or lender, or is to the detriment of the borrower, mortgagor, purchaser, insurer, or the agent or broker complying with such a requirement.
For the purposes of this section, ''person'' includes any individual, corporation, association, partnership, or other legal entity whatsoever.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176d - Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance › Section 5 - Investigation of Insurance Business

Section 5. The commissioner shall have the power to examine and investigate into the affairs of every person engaged in the business of insurance in this commonwealth in order to determine whether such person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by section two.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176d - Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance › Section 7 - Determination of Violation; Suspension or Revocation of License; Restitution; Damages; Review

Section 7. If after such hearing, the commissioner shall determine that the person charged has engaged in an unfair or deceptive act or practice he shall reduce his findings to writing and shall issue and cause to be served upon the person charged with the violation a copy of such findings and an order requiring such person to cease and desist from engaging in such method of competition, act or practice and if the act or practice is a violation of sections three or four, the commissioner may suspend or in the case of repeated violations revoke the license of such a party and impose conditions for the reinstatement thereof. In addition whoever commits such an act or practice shall be punished by a fine of not more than one thousand dollars for each and every act or practice.
In addition to any other powers provided in this section, the commissioner may order that restitution be made by an insurer or its agent to any claimant who has suffered actual economic damage as a result of a violation of this chapter.
In any action to recover on an insurance policy, a court may award punitive damages, in addition to the amount of the claim, not to exceed twenty-five per cent of said claim if the court finds that the party seeking to recover on the insurance policy has been damaged by a violation of sections three or four that has been determined such by the commissioner.
Until the expiration of the time allowed under section eight for filing a petition for review if no such petition has been filed within such time or, if a petition for review has been filed within such time, then until the transcript of the record in the proceeding has been filed in the supreme judicial court, as hereinafter provided, the commissioner may at any time, upon such notice and in such manner as he shall deem proper, modify or set aside in whole or in part any order issued by him under this section.
After the expiration of the time allowed for filing such a petition for review if no petition has been duly filed within such time, the commissioner may at any time, after notice and opportunity for hearing, reopen and alter, modify or set aside, in whole or in part, any order issued by him under this section, whenever in his opinion conditions of fact or of law have so changed as to require such action or if the public interest shall so require.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176d - Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance › Section 9 - Petition of an Intervenor for Review by Supreme Judicial Court

Section 9. If after any hearing under sections six or ten the report of the commissioner does not charge a violation of this chapter, then any intervenor in the proceedings may within thirty days after the service of such report, cause a petition to be filed in the supreme judicial court for a review of such report. Upon such review, the court shall have authority to issue appropriate orders and decrees in connection therewith, including, if the court finds that it is to the interest of the public, orders enjoining and restraining the continuance of any method of competition, act or practice which it finds, notwithstanding such report of the commissioner, constitutes a violation of this chapter and containing penalties pursuant to section seven.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176d - Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance › Section 10 - Violation of Cease and Desist Orders; Penalty; Suspension or Revocation of License

Section 10. Any person who violates a cease and desist order of the commissioner under section seven after it has become final, and while such order is in effect, shall forfeit and pay to the commonwealth a sum not to exceed ten thousand dollars for each violation, which sum may be recovered in a civil action. Upon order of the commissioner such person shall be subject to suspension or revocation of such person's license or such other relief as is reasonable and appropriate.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176d - Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance › Section 11 - Rules and Regulations; Protection of Members of the Armed Forces

Section 11. The commissioner may in accordance with provisions of chapter thirty A, after notice and hearing, promulgate reasonable rules and regulations, as are necessary or proper to identify specific methods of competition or acts or practices which are prohibited by sections three or four but the regulations shall not enlarge upon or extend the provisions of said sections.
Notwithstanding the forgoing, the commissioner may, in accordance with said chapter 30A, promulgate rules and regulations to protect service members of the Armed Forces of the United States from dishonest or predatory insurance acts or practices by identifying certain insurance acts or practices as false, misleading, deceptive or unfair.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176d - Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance › Section 12 - Scope of Commissioner's Powers

Section 12. The powers vested in the commissioner by this chapter, shall be additional to any other powers to enforce any penalties, fines or forfeitures authorized by law with respect to the methods, acts, and practices hereby declared to be unfair or deceptive.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176d - Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance › Section 13 - Giving Incriminating Testimony; Immunity From Prosecution

Section 13. If any person shall ask to be excused from attending and testifying or from producing any books, papers, records, correspondence or other documents at any hearing on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture, and shall notwithstanding be directed to give such testimony or produce such evidence, he must nonetheless comply with such direction, but he shall not thereafter be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may testify or produce evidence thereto, and no testimony so given or evidence produced shall be received against him upon any criminal action, investigation or proceeding, provided, however, that no such individual so testifying shall be exempt from prosecution or punishment for any perjury committed by him while so testifying and the testimony or evidence so given or produced shall be admissible against him upon any criminal action, investigation or proceeding concerning such perjury, nor shall he be exempt from the refusal, revocation or suspension of any license, permission or authority conferred, or to be conferred, pursuant to the insurance law of this commonwealth. Any such individual may execute, acknowledge and file in the office of the commissioner a statement expressly waiving such immunity or privilege in respect to any transaction, matter or thing specified in such statement and thereupon the testimony of such person or such evidence in relation to such transaction, matter or thing may be received or produced before any judge or justice, court, tribunal, grand jury or otherwise, and if so received or produced such individual shall not be entitled to any immunity or privilege on account of any testimony he may so give or evidence so produced.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176d - Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance › Section 14 - Severability

Section 14. If any provision of this chapter, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of the chapter, and the application of such provision to person or circumstances other than those as to which it is held invalid, shall not be affected thereby.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176e - Dental Service Corporations › Section 1 - Definitions

Section 1. In this chapter the following words shall have the following meanings:
''Commissioner'', the commissioner of insurance.
''Covered dependent'', a dependent for whose dental care provision is made in a subscription certificate issued by a dental service corporation to a subscriber.
''Dependent'', the spouse, child or foster child of a subscriber.
''Dental service'', the dental services ordinarily provided by registered dentists in accordance with accepted practices in the community where the services are rendered.
''Dental service corporation'', a corporation organized as provided by the provisions of this chapter for the purpose of establishing and operating a non-profit dental service plan.
''Non-profit dental service plan'', a plan operated by a dental service corporation under the provisions of this chapter, whereby the cost of dental service furnished to subscribers and covered dependents is paid by the corporation to participating dentists and to such other dentists as are provided for herein.
''Participating dentist'', a registered dentist who agrees in writing with a dental service corporation to perform dental service for subscribers and covered dependents and to abide by the by-laws, rules and regulations of such corporation.
''Registered dentist'', a dentist registered to practice dentistry in the commonwealth as provided in sections 45 and 48 of chapter 112 or a dentist registered in any other jurisdiction within the United States and its territories.
''Subscriber'', a person who has subscribed to a non-profit dental service plan and to whom a subscription certificate has been issued in accordance with the provisions of section six.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176e - Dental Service Corporations › Section 2 - Incorporators; Formation; Articles of Organization; Certification

Section 2. For the purpose of establishing, maintaining and operating a non-profit dental service plan, seven or more persons may form a dental service corporation. Such a corporation shall be formed in the manner prescribed in and subject to section nine of chapter one hundred and fifty-five and sections six and eight to twelve, inclusive, of chapter one hundred and fifty-six, except as follows:
The agreement of association of a corporation having no capital stock may omit the statement of the amount of the capital stock and the par value and number of its shares. The fee to be paid to the state secretary upon the filing of the articles of organization shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven.
The articles of organization specified in section ten of said chapter one hundred and fifty-six, with the records and by-laws of the corporation, shall be submitted to the commissioner instead of to the commissioner of revenue, and he shall have the powers and perform the duties relative thereto specified in section eleven of said chapter one hundred and fifty-six.
The certificate issued by the state secretary under section twelve of said chapter one hundred and fifty-six shall be modified to conform to the requirements of this section.
The commissioner shall not approve the articles of organization of such a corporation until he is satisfied by such examination as he may make and such evidence as he may require that the incorporators are of good repute and intend in good faith to operate the corporation and that an adequate initial reserve fund will be established to protect the subscribers. He shall execute a certificate of his findings, which shall be attached to the articles of organization prior to the filing thereof with the state secretary.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176e - Dental Service Corporations › Section 3 - By-Laws; Contracts With Hospital Service or Medical Service Corporations, Governmental Agencies or Persons

Section 3. The by-laws of a dental service corporation may contain any lawful provisions approved by the commissioner and shall provide that a majority of the incorporators or members of the corporation and a majority of the directors shall at all times be persons who are not providers of health services licensed under the laws of the commonwealth and that a majority of the directors shall at all times be persons who are or agree to become subscribers to the nonprofit dental service plan. The by-laws of such a corporation may define the qualifications of those persons eligible to become subscribers as provided in section five. Any such corporation may adopt such rules and regulations as may be consistent with the provisions of this chapter.
Any dental service corporation may contract with a corporation formed under chapter one hundred and seventy-six A or under chapter one hundred and seventy-six B, or both, for the joint or cooperative administration of their affairs and for the joint or cooperative writing and issuing of subscription certificates. Such a contract shall not require that a subscriber to the dental service corporation be a subscriber to a corporation formed under chapter one hundred and seventy-six A or under chapter one hundred and seventy-six B or both.
Any dental service corporation may join with any other dental service corporation, non-profit hospital service corporation, or medical service corporation, or all of them, organized either under the laws of the commonwealth or of any other state for the purpose of establishing or maintaining an agency or corporation designed to facilitate the provisions of dental service for residents of the commonwealth employed by firms having employees located in more than one state and may also enter into contracts with such agency or corporation or with a corporation owned by such agency or corporation for the joint or cooperative administration of business or for the joint or cooperative writing and issuing of subscription certificates to residents of the commonwealth or of any other state.
Any dental service corporation may contract with any agency of the United States of America, of the commonwealth or of any city or town within the commonwealth for the purpose of providing dental service. Any dental service corporation may join with or contract with any person for the purpose of providing or receiving administrative or other services relating to the providing of dental services or reimbursement therefor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176e - Dental Service Corporations › Section 5 - Subscribers; Qualifications; Misrepresentation

Section 5. Any person residing in the commonwealth shall have the right to become a subscriber of a dental service corporation if his qualifications meet those specified in the by-laws of such corporation, provided that such a corporation may, in its discretion, refuse to issue a subscription certificate to, or upon due notice cancel the subscription certificate of, any person who has made any fraudulent claim or representation to the corporation or to a participating dentist, or has been guilty of uncooperative or unethical dealings with the corporation, or has failed to pay premiums and assessments seasonably and promptly or for any other cause which may be approved by the commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176e - Dental Service Corporations › Section 6 - Subscription Certificate; Issuance; Contents

Section 6. A subscription certificate shall be issued by a dental service corporation to each non-group subscriber. No subscription certificate shall be issued unless the commissioner shall have approved in writing the form of certificate nor unless it contains in substance the following provisions:
(a) A statement of the dental service to be paid for by the corporation and if any dental service is excepted, a statement of such exception.
(b) A statement of the duration of the agreement and of the terms and conditions upon which it may be extended, renewed, revised, cancelled or otherwise terminated.
(c) A statement of the period of grace which will be allowed for making any payment due from the subscriber under the contract, which in any event shall not be less than ten days.
(d) A statement that any child who is mentally or physically incapable of earning his own living who is eligible for services by membership of his parent under a family contract shall be eligible under the membership of his parent as a member of such family contract so long as he continues to be mentally or physically incapable of earning his own living, without any limitation as to age, subject, however, to such rules and regulations, premiums or additional premiums as the commissioner of insurance may approve.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176e - Dental Service Corporations › Section 8 - Annual Statement; Verification; Form; Violations

Section 8. Every dental service corporation shall annually on or before the first day of March, file in the office of the commissioner a statement verified by at least two of the principal officers of said corporation, showing its condition as of the thirty-first day of December next preceding. Such statements shall be in such form and shall contain such matters as the commissioner shall prescribe. A corporation neglecting to file its annual statement within the time herein specified shall forfeit one hundred dollars for each day during which such neglect continues, and upon notice by the commissioner to that effect, its authority to do business shall cease while such default continues.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176e - Dental Service Corporations › Section 8a - Financial Statements; Inclusion of Electronic Data Processing Equipment as Asset

Section 8A. In an account of its financial condition, a dental service corporation may include as an asset available for the payment of losses electronic data processing equipment, provided that the cost of such equipment at the time of acquisition is at least one hundred thousand dollars and that said cost is to be amortized in full over a period not to exceed ten years.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176e - Dental Service Corporations › Section 10 - Investment of Reserves; Acquisition of Real Property; Special Contingent Surplus; Investment of Other Funds

Section 10. The reserves of a dental service corporation shall be invested only in such securities as are permitted under chapter 175 for the investment of the reserves of insurance companies. A dental service corporation shall have the right to acquire and own real estate to be occupied by itself in the transaction of its business. The commissioner may require any such corporation after its first full calendar year of doing business to accumulate and maintain a special contingent surplus, over and above its reserves and liabilities, in such amount as the commissioner may deem proper. All other funds of a dental service corporation shall be invested only as is permitted by chapter 180A for the investment of institutional funds.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176e - Dental Service Corporations › Section 11 - Salaries, Compensation or Emoluments

Section 11. Unless each such payment is first authorized by a vote of its board of directors, no dental service corporation shall pay any salary, compensation or emolument to any officer, trustee or director thereof, or any salary, compensation or emolument to any person amounting in any year to more than five thousand dollars. No such corporation shall make any agreement with any of its officers, trustees or employees whereby it agrees that for any services rendered or to be rendered to it, they shall receive any salary, compensation or emolument for a period of more than three years from the date of such agreement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176e - Dental Service Corporations › Section 12 - Disputes or Controversies; Submission to Board; Review

Section 12. Any dispute or controversy arising between a dental service corporation and any participating dentist, or any subscriber, or any person whose subscription certificate has been cancelled or to whom such corporation has refused to issue such certificate may within thirty days after such dispute or controversy arises be submitted by any person aggrieved to a board serving in the division of insurance and consisting of the commissioner or a person designated by him, the chairman of the board of dental examiners or any person designated by him, and the attorney general or a person designated by him, for its decision with respect thereto. Such an appeal to said board shall be conducted as an adjudicatory proceeding in accordance with the provisions of section eleven of chapter thirty A. All decisions and orders of the board or of the commissioner made under any provision of this chapter may be revised as justice and equity may require upon a petition in equity filed in the superior court within and for the county of Suffolk by any party aggrieved by such decision or order. Such proceedings in equity for judicial review shall be conducted in accordance with section fourteen of chapter thirty A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176e - Dental Service Corporations › Section 13 - Grounds for Enjoining Transaction of Business; Receivers

Section 13. If the commissioner is satisfied, as to any dental service corporation, that (1) it has failed to comply with the provisions of its charter, or (2) it is being operated for profit, or (3) it is fraudulently conducted, or (4) its condition is such as to render its further transaction of business hazardous to the public or to its subscribers, or (5) its officers and agents have refused to submit to an examination under section nine, or (6) it has exceeded its powers, or (7) it has violated any provision of law, or (8) it has compromised, or is attempting to compromise, with its creditors on the ground that it is financially unable to pay its claims in full, or (9) it is insolvent, he may apply to the supreme judicial court for an injunction restraining it from further proceeding with its business. The court may forthwith issue a temporary injunction restraining the transaction of any business, and it may, after a full hearing, make the injunction permanent, and appoint one or more receivers to take possession of the books, papers, moneys and other assets of the corporation, settle its affairs, and distribute its funds to those entitled thereto, subject to such rules and orders as the court may prescribe.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176e - Dental Service Corporations › Section 14 - Status; Immunity; Exemptions

Section 14. Every dental service corporation is hereby declared to be a charitable corporation. No such corporation shall be liable for injuries resulting from negligence or malpractice on the part of any participating dentist, nor shall it be liable for the cost of dental services to which the subscriber or covered dependent may be entitled under the provisions of chapter 152, but said corporation shall be liable for injuries resulting from negligence or malpractice on the part of any dentist employed by it or of its agents, servants or employees. Every such corporation shall be exempt from all provisions of the insurance laws of the commonwealth, except as otherwise provided in this chapter. The property of every such corporation shall, except as hereinafter provided, be exempt from all state and local taxes.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176e - Dental Service Corporations › Section 15 - Operators of Dental Service Plan

Section 15. It shall be unlawful for any person, firm, corporation or association, except a dental service corporation, to establish, maintain or operate a non-profit dental service plan; provided, however, that this chapter shall not render unlawful or affect any operation or activity of any company organized under the provisions of chapter one hundred and seventy-five, of any society or fraternal benefit society organized under the provisions of chapter one hundred and seventy-six or subject to any of the provisions thereof, of any non-profit hospital service or medical service corporation organized under the provisions of chapter one hundred and seventy-six A, one hundred and seventy-six B, or one hundred and seventy-six C, or of any corporation organized or to be organized under chapter one hundred and eighty, the existence, purposes, activities and operations of which were lawful or would be lawful notwithstanding the provisions of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176e - Dental Service Corporations › Section 15a - Payment of Sums Owed Subscriber's Estate

Section 15A. A dental service corporation which, upon the death of a subscriber, owes the subscriber's estate an aggregate sum not exceeding two thousand dollars under any contract for dental and surgical services, may, at any time not less than sixty days after the subscriber's death, pay such sum to the husband, wife and next of kin of the subscriber and any such payment made in good faith shall fully discharge the corporation to the extent thereof; provided, however, that this section shall not apply if, prior to the time of such payment, the corporation has received a written claim under the subscriber's contract from any executor, administrator, or special administrator of the subscriber's estate.