reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176p - Limited Societies › Section 32 - Constitution and By-Laws of Society; Amendments

Section 32. (a) A society may, subject to this chapter, make a constitution and by-laws for its government, admission of members, management of its affairs, and the fixing and readjusting of the rates and contributions of its members from time to time, and may amend its constitution and by-laws. A society shall have such other powers as are necessary or incidental to carry into effect its objects and purposes.
(b) The constitution and by-laws may prescribe the officers and elected members of standing committees, who may be ex officio directors or other officers corresponding thereto, and may, with the approval of the commissioner, provide for a system of absentee voting, other than proxy voting, under which absent members entitled to vote may vote in the election of officers and directors or similar governing body and on the adoption of amendments to the constitution and by-laws. The commissioner shall not approve any provision for such a system of absentee voting unless:
(1) the society submitting such provision for approval satisfies the commissioner that absentee voting is necessary in order to have an adequate representation of the membership of the society at its election;
(2) not less than 30 days advance notice, with copies of the proposed amendments to the constitution and by-laws which are to be balloted upon, is forwarded to each member of the society; and
(3) the commissioner is satisfied that the proposed absentee voting system requires the ballots to be carefully guarded against any disclosure of their contents until the same have been counted at the central meeting place.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176p - Limited Societies › Section 32a - Fraudulent Alteration or Concealment of Records

Section 32A. Whoever with fraudulent intent alters, defaces, mutilates, destroys or conceals any record of a fraternal benefit society made by or in the custody of the secretary thereof shall be punished by a fine of not more than $1,000 or by imprisonment for not more than one year, or by both such fine and imprisonment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176p - Limited Societies › Section 33 - Location of Meetings; Location of Principal Office

Section 33. A domestic society may provide that the meetings of its legislative or governing body may be held in any state or province wherein such society has subordinate branches, and all business transacted at such meetings shall be as valid in all respects as if such meetings were held in the commonwealth. Its principal office shall, however, be situated in this commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176p - Limited Societies › Section 34 - Waiver of Constitutional Provisions

Section 34. The constitution and by-laws of the society shall be binding on it, on its members, and on all beneficiaries of members, and shall provide that no subordinate body or any of its subordinate officers or members shall have power or authority to waive any provision thereof. There shall be no waiver except as the constitution and by-laws of the supreme body shall specifically permit.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176p - Limited Societies › Section 35 - Filing Certified Copies of Amendments to Constitution or By-Laws With Commissioner

Section 35. The recording officer of a society shall file with the commissioner a duly certified copy, in English, of any amendments of or additions to its constitution and by-laws, within 90 days after their adoption. Printed copies of the constitution and by-laws, as amended, changed or added to, and certified by the secretary or corresponding officer of the society, shall be prima facie evidence of the same and of the legal adoption thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176p - Limited Societies › Section 37 - Copy of Commissioner's Examination Reports Served on Societies

Section 37. (a) After an examination of any society, either domestic or foreign, has been begun, the commissioner shall not make public any financial statement, report or finding affecting the status, standing or rights of the society until a copy thereof has been served upon the society at its home office, and the society has been afforded a reasonable opportunity to be heard regarding the financial statement, report or finding. The commissioner may use such facts as come to his knowledge for the purpose of securing an injunction as provided in section 36.
(b) A report of an examination made under section 36 or 44 may, as far as material and relevant, be admitted, in the discretion of the court, in any judicial proceeding under section 36 or 43, as prima facie evidence of the facts set forth in such report. Nothing in this subsection shall be construed to require the commissioner to make an examination of a domestic society under said section 36 before presenting the facts to the attorney general under said section 36, or to make an examination of a foreign society under section 44 before refusing to issue a license to such a society under section 41 or revoking the license of such a society under section 43.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176p - Limited Societies › Section 37a - Disbursements Made by Societies; Requirements

Section 37A. No society shall make any disbursements of $15 or more, except disbursements on account of the return of dues paid in advance, unless: (1) such disbursements are evidenced by a voucher signed by or on behalf of the person receiving the money and correctly describing the consideration for the payment; and (2) an itemized statement of the disbursements is made if the disbursements are for services and disbursements setting forth the services rendered; and (3) a voucher is signed that correctly describes the nature of the matter and the interest of a society therein if the disbursements are in connection with any matter pending before any legislature or public body, or before any department, board, commission or officer of any government, whether local, state or national; or (4) an affidavit is executed stating the reason for not obtaining a voucher, and setting forth the information in the preceding clauses if such voucher cannot be obtained.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176p - Limited Societies › Section 38 - Annual Statement of Society's Condition and Standing

Section 38. A society shall annually, on or before March 1, file with the commissioner, in such form as he may require, a statement on oath of its president, secretary, treasurer and chief accountant, or corresponding officers, of its condition and standing on December 31 of the preceding calendar year, and of its transactions for the year ending on that date. A society shall also furnish such other information as the commissioner may deem necessary. The commissioner may at other times require any further statement relating to such society as the commissioner deems necessary.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176p - Limited Societies › Section 39a - Valuation of Bonds or Other Evidence of Debt

Section 39A. A society may, in the annual statement required by section 38, value its bonds or other evidences of debt having a fixed term and rate and not in default as to principal or interest and if amply secured, in accordance with the following rule:— if purchased at par, at the par value; if purchased above or below par, on the basis of the purchase price adjusted so as to bring the value to par at maturity and so as to yield meantime the effective rate of interest at which the purchase was made. The purchase price shall in no case be taken at a higher figure than the actual market value at the time of purchase, and a society may return such bonds or other evidences of debt at either their market or their book value, but in no event at any aggregate value exceeding the aggregate of the values calculated according to the foregoing rule.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176p - Limited Societies › Section 41 - Licenses for Foreign Societies to Transact Business in Commonwealth

Section 41. (a) No foreign society shall transact any business in the commonwealth without a license from the commissioner. Such society applying for such a license shall file with the commissioner a duly certified copy of its charter or articles of association; a copy of its constitution and by-laws, certified by its secretary or corresponding officer; a power of attorney to the commissioner, as provided in section 42; a statement of its business and the names and addresses of its officers and agents, on oath of its president and secretary, or corresponding officers, in the form required by the commissioner, duly verified by an examination made by the supervising insurance official of its home state or other state satisfactory to the commissioner; a copy of its certificate of membership; and a certificate from the proper official of its home state, territory, district or country that the society is legally organized.
(b) The society shall also show that the benefits are provided for by periodical or other payments by persons holding similar contracts; that its assets are invested in accordance with the laws of the state or country where it is organized; and that it has the qualifications required of domestic societies on the lodge system incorporated under this chapter. A society which grants benefits for disability arising from accidental injury or from sickness or hospitalization or medical services shall be required to show that it has accumulated funds, usable only for the payment of such benefits and in excess of accrued claims for such benefits, not less in amount than three monthly contributions or one quarterly contribution from members entitled to such benefits. Such society shall further be required, as a condition for the maintenance of its authority to do business in this commonwealth, to maintain at all times after admission, as regards disability, hospitalization and medical service benefits, funds in amount as set forth in the preceding sentence, and shall furnish the commissioner such other information as he may deem necessary for the proper exhibit of its business and plan of working.
(c) Upon compliance with these requirements, such foreign society shall be entitled to a license to transact business in the commonwealth until July 1 of the following year, and such license shall, in compliance with this chapter, be renewed annually, but in all cases to terminate on July 1 of the following year, except that it shall continue in full force and effect until the new license is issued, or is refused after notice and hearing. For every such license or renewal the society shall pay to the commissioner $20.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176p - Limited Societies › Section 42 - Foreign Societies; Service of Process

Section 42. A foreign society applying for admission to the commonwealth shall, by duly executed instrument filed with the commissioner, as provided in the third paragraph of section 151 of chapter 175, appoint the commissioner as its attorney for the service of process upon it, which shall be served in accordance with said paragraph and section 154 of said chapter 175. All process against a foreign society shall be served at least 30 days before the return day named in the process.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176p - Limited Societies › Section 42a - Foreign Societies; Deposit

Section 42A. (a) A foreign society, if formed under the law of any government or state other than of the United States, shall not be admitted and authorized to transact business in the commonwealth until, in addition to complying with the conditions of sections 41 and 42, it has satisfied the commissioner that it has made a deposit, as provided in this section, with (1) the state treasurer; (2) the proper board or officer of some other state of the United States; or (3) trustees who are citizens or corporations of the United States and approved by the commissioner, appointed under a deed of trust executed in a form approved by the attorney general and the commissioner and who have filed with the commissioner a bond, in a form approved by the attorney general and the commissioner, with a surety company authorized to transact business in the commonwealth as surety, and in such sum as the commissioner may require, conditioned upon the faithful performance of their duties and running to the commissioner, or his successor for the benefit of all the members, certificate holders and creditors within the United States of such society.
(b) Such deposit shall be in an amount not less than the reserves with respect to all its outstanding certificates of membership held by residents of the United States and may be made in the securities and subject to the limitations specified in sections 63 and 66 of chapter 175, or in cash or such other securities as the commissioner may approve. If made with the state treasurer, such deposit shall not be returned to the society until it has ceased to transact business in the commonwealth, nor until the commissioner is satisfied that the society is under no obligation to members, certificate holders or other persons in this commonwealth or in any other state of the United States for whose benefit such deposit was made, nor until he has given his written consent to such return. The commissioner may, in any case, authorize in writing the return to the society of any excess of any such deposit over the amount required by this section if he is satisfied that such return will not be prejudicial to the interests of its members, certificate holders or creditors.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176p - Limited Societies › Section 43 - Foreign Societies; Refusal to Issue License; Revocation of License

Section 43. (a) Whenever the commissioner is satisfied that any foreign society (1) has exceeded its powers; (2) has failed to comply with any provision of this chapter; (3) is conducting businesses fraudulently; (4) is not carrying out its contracts in good faith; (5) that its condition or management is such as to render its further transaction of business hazardous to the public, to members or creditors; or (6) that it or its officers or agents have refused to submit to an examination under section 44 or to perform any legal obligation relative thereto, the commissioner shall notify the society of his findings, and state in writing the grounds of his dissatisfaction, and, after reasonable written notice to the society, shall require it, on a date named in such notice, to show cause why its license should not be revoked. If on said date the society does not present to the commissioner good and sufficient reasons why its license to transact business in the commonwealth should not be revoked, he may revoke such license.
(b) Whenever the commissioner refuses to issue a license to a foreign society under section 41, or revokes its license under this section, he shall reduce his ruling, order or decision to writing and file it in the division of insurance. He shall also furnish a copy thereof, together with a statement of the reasons for his action, to the officers of the society upon request.
(c) Any such society aggrieved by the refusal of the commissioner to issue a license to it, or by the revocation of its license, may, within 30 days after receiving written notice of such refusal or revocation, file a petition in the supreme judicial court for the county of Suffolk for a review of the commissioner's action. The court shall summarily hear and determine the case and may make an appropriate order or decree. If the order or decree is adverse to the petitioning society, it may appeal to the full court within ten days. In case of such an appeal, the refusal or revocation of the license shall continue in full force and effect until the final determination of the question by the full court.
(d) The termination of the license of such a society shall not prevent it from continuing in good faith all contracts made by it in the commonwealth during the time when it was legally authorized to transact business therein.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176p - Limited Societies › Section 44 - Foreign Societies; Examination by Commissioner

Section 44. The commissioner or his designee may examine any foreign society transacting business in the commonwealth or applying for admission. For this purpose, the commissioner or his designee shall have the powers given by section 36 relative to domestic societies. He may accept, in lieu of such examination, the examination of the insurance department of the state or country where the society is organized. The actual expenses of the examiners making any such examination shall be paid by the society, upon a statement furnished by the commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176p - Limited Societies › Section 46a - Subordinate Lodge of Society; Ritualistic Form of Work; Disability Benefits

Section 46A. A subordinate lodge of a society with ritualistic form of work and representative form of government duly authorized to transact business in the commonwealth under this chapter may pay disability benefits not exceeding $10 a week without conforming to this chapter or chapter 175.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176p - Limited Societies › Section 46b - Incorporated Domestic Society Transacting Business Under Sec. 45 or 46; Real Estate

Section 46B. An incorporated domestic society formed or transacting business under section 45 or 46 may acquire, hold, manage and dispose of real estate in the city or town in which its principal office is located, to such amount as the commissioner may, by certificate filed in his office, approve. All property so held and the income derived therefrom shall be used for the purposes of the corporation as set forth in its charter or certificate of incorporation or in any amendment thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176p - Limited Societies › Section 46c - Society Subject to Sec. 45 or 46; Payment of Benefits

Section 46C. A society subject to section 45 and section 46 may provide for the payment of any part or all of the benefits payable to its members by such society by agreement in writing with an insurance company for the payment of such benefits. The premiums or charge for such insurance may be paid from the periodical or other payments by members of such society.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176p - Limited Societies › Section 46d - Grand or District Lodge of Secret Order or Fraternity Transacting Business Under Sec. 45 or 46; Benefits

Section 46D. A grand or district lodge of a secret order or fraternity which operates on the lodge system with a representative form of government and doing business in this commonwealth under any provision of section 46 may pay a death or funeral benefit not exceeding $2,000 without conforming to the provisions of this chapter except this section and section 46 if no such benefit is paid by the supreme or parent body of the organization or by the subordinate lodges under the jurisdiction of such grand or district lodge and if no assessments for any such benefit are levied or collected by the supreme or parent body of the organization.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176p - Limited Societies › Section 47 - Jurisdiction of Superior Court in Equity

Section 47. The superior court shall have jurisdiction in equity, upon an information filed by the attorney general at the request of the commissioner, to restrain all violations of this chapter and to endorse compliance with the provisions thereof and payment of all fines, forfeitures or penalties provided thereby. The remedy herein provided shall be in addition to all other remedies otherwise provided by law or by this chapter, and not in substitution thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176p - Limited Societies › Section 47a - Contract of Insurance or Benefit Certificate Issued in Violation of Any Provision of This Chapter

Section 47A. A contract of insurance or a benefit certificate made, issued or delivered by any society in violation of any provision of this chapter, or any provision of its charter, articles of association, constitution or by-laws, shall nevertheless be valid and binding upon it and its members, but the rights, duties and obligations of the parties thereto shall be determined by the provisions of this chapter and of the charter, articles of association, constitution and by-laws of the society.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176p - Limited Societies › Section 48 - False or Fraudulent Statement or Representation by Society With Reference to Application for Membership; Penalties

Section 48. A person, officer, member or examining physician of any society who shall knowingly or willfully make any false or fraudulent statement or representation in or with reference to any application for membership, or in order to obtain money from or benefit in any society, shall be punished by a fine of not less than $100 nor more than $500 or by imprisonment in a house of correction for not less than 30 days or more than one year, or by both such fine and imprisonment. A person willfully making a false statement of any material fact or thing in a sworn statement as to the death or disability of a certificate holder in any society for the purpose of procuring payment of a benefit in the certificate of such holder shall be guilty of perjury. A person who willfully makes any false statement in any verified report or declaration on oath required or authorized by this chapter shall be punished by a fine of not more than $5,000 or by imprisonment for not more than two and one-half years, or by both such fine and imprisonment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176p - Limited Societies › Section 49 - Unauthorized Solicitation; Penalties

Section 49. (a) Whoever solicits membership in any society not duly authorized to transact business in the commonwealth, or, whoever, for a person other than himself, or as an agent, solicitor, organizer, officer or other representative of any such society or of any local or subordinate lodge thereof, acts or aids in any manner in the issue, delivery, negotiation or continuance or renewal of any contract of insurance or benefit certificate in such society, or whoever, as such agent, solicitor, organizer, officer or other representative, acts or aids in any manner in the transaction of any business on behalf of such society or of any local or subordinate lodge or branch thereof, by the collection or transmission of dues or assessments, the calling or holding of meetings, or otherwise, shall be punished by a fine of not less than $50 nor more than $500.
(b) Whoever, by the means of cards, circulars, letterheads, advertisements, signs or other methods, represents or holds himself out to the public as being an agent, solicitor, organizer, officer or other representative of any such society or of any local or subordinate lodge or branch thereof shall be punished by a fine of not less than $20 nor more than $500.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176p - Limited Societies › Section 49a - Pensions for Society Employees; Expense Fund

Section 49A. A society operating on the lodge system with a representative form of government whose rates are on a basis of mortality not lower than the National Fraternal Congress Table as adopted by the National Fraternal Congress on August 23, 1899, or any society formed under section 45, if its constitution and by-laws so provide, may pay a pension to any employee who has been continuously in the service of the society for ten years or more and who has become incapacitated for further service by reason of physical or mental disability, and may pay a pension to any employee who has been continuously in the service of the society for 15 years or more and who is retired by reason of the infirmities of age or has attained the age of 65 years. All moneys expended for the purposes of this section shall be paid from the expense fund of the society. This section shall not apply to any society formed under section 46.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176q - Commonwealth Health Insurance Connector › Section 4 - Health Benefit Plans and Stand-Alone Vision or Dental Plans to Be Offered to Eligible Individuals and Groups

Section 4. (a) The connector shall only offer health benefit plans or stand-alone vision or stand-alone dental plans to eligible individuals, eligible children and eligible small groups. Subconnectors may offer all health benefit plans that the connector may offer.
(b) An eligible individual or small group's participation in the connector shall cease if coverage is cancelled under section 4 of chapter 176J.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176q - Commonwealth Health Insurance Connector › Section 5 - Requirements for Health Insurance Plans and Stand-Alone Vision and Dental Plans Offered Through Connector

Section 5. (a) Only health insurance plans and stand-alone vision or stand-alone dental plans that have been authorized by the commissioner and underwritten by a carrier may be offered through the connector.
(b) Each health plan or stand-alone vision or stand-alone dental plans offered through the connector shall contain a detailed description of benefits offered, including maximums, limitations, exclusions and other benefit limits.
(c) No health plan or stand-alone vision or stand-alone dental plans shall be offered through the connector that excludes an individual from coverage because of race, color, religion, national origin, sex, sexual orientation, marital status, health status, personal appearance, political affiliation, source of income, or age.
(d) Health plans receiving the connector seal of approval shall meet all requirements of health benefit plans as defined in section 1 of chapter 176J; provided, however, in order to encourage lower cost, high quality health benefit plans, that plans shall not be required to meet health care delivery network design provisions in any other law or regulation, and shall be free to contract on a mutually agreed basis with, or determine not to contract with, any provider for covered services; provided, however, that the contracted network meets the requirements set forth by the board of the connector.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176q - Commonwealth Health Insurance Connector › Section 6 - Binding Agreement as Condition of Participation in Connector for Eligible Small Groups

Section 6. Eligible small groups seeking to be a participating institution shall, as a condition of participation in the connector, enter in a binding agreement with the connector which, at a minimum, shall stipulate the following:—
(a) that the employer agrees that, for the term of agreement, the employer will not offer to eligible individuals to participate in the connector any separate or competing group health plan offering the same, or substantially the same, benefits provided through the connector;
(b) that the employer reserves the right to determine, subject to applicable law, the criteria for eligibility, enrollment and participation in the connector and the amounts of the employer contributions, if any, to such health plan, provided that, for the term of the agreement with the connector, the employer agrees not to change or amend any such criteria or contribution amounts at anytime other than during a period designated by the connector for participating employer health plans;
(c) that the employers shall participate in a payroll deduction program to facilitate the payment of health benefit plan premium payments by employees to benefit from exclusions from gross income under 26 U.S.C. 104, 105, 106 and 125; and
(d) that the employer agrees to make available, in a timely manner, for confidential review by the executive director, any of the employer's documents, records or information that the connector reasonably determines is necessary for the executive director to:—
(1) verify that the employer is in compliance with applicable federal and commonwealth laws relating to group health insurance plans, particularly those provisions of such laws relating to non-discrimination in coverage; and
(2) verify the eligibility, under the terms of the health plan, of those individuals enrolled in the employer's participating health plan.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176q - Commonwealth Health Insurance Connector › Section 7a - Small Group Wellness Incentive Pilot Program

Section 7A. (a) There shall be a small group wellness incentive pilot program to expand the prevalence of employee wellness initiatives by small businesses. The program shall be administered by the board, in consultation with the department of public health. The program shall provide subsidies and technical assistance for eligible small groups to implement evidence-based employee health and wellness programs to improve employee health, decrease employer health costs and increase productivity.
(b) An eligible small group shall be qualified to participate in the program if:
(1) the eligible small group purchases group coverage through the connector;
(2) the eligible small group enrolls in an evidence-based, employee wellness program offered through the connector;
(3) the eligible small group meets certain minimum criteria, as determined by the board; and
(4) the eligible small group meets certain minimum employee participation requirements in the qualified wellness program, as determined by the board, in collaboration with the department of public health.
(c) For eligible small groups participating in the program, the connector shall provide an annual subsidy not to exceed 15 per cent of eligible employer health care costs, as calculated by the board. If the director determines that funds are insufficient to meet the projected costs of enrolling new eligible employers, the director shall impose a cap on enrollment in the program.
(d) The connector shall report annually to the joint committee on community development and small businesses, the joint committee on health care financing and the house and senate committees on ways and means on the enrollment in the small business wellness incentive program and evaluate the impact of the program on expanding wellness initiatives for small groups.
(e) The connector shall adopt regulations to implement this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176q - Commonwealth Health Insurance Connector › Section 8 - Interagency Agreements to Furnish Information Necessary for Performance of Connector Duties

Section 8. (a) The connector shall enter into interagency agreements with the department of revenue, the executive office of health and human services, the department of public health, the executive office of labor and workforce development, the registry of motor vehicles, the department of correction, the center for health information and analysis and any other state agencies, departments, divisions, commissions, authorities or political subdivisions. The agreements shall authorize the foregoing agencies, departments, divisions, commissions, authorities and political subdivisions to furnish information, including personal data as defined in section 1 of chapter 66A, that is necessary for the connector to perform its duties under this chapter, including the determination of an individual's eligibility for federal advanced premium tax credits and federal point-of-service cost-sharing reductions and adjudication of appeals arising from such determinations. Such written agreements shall include provisions permitting the department of revenue to furnish the data available under the wage reporting system established under section 3 of chapter 62E. The department of revenue may furnish the connector with information on the cases of persons so identified, including, but not limited to, name, social security number and other data to ensure positive identification, name and identification number of employer and amount of wages and gross income received from all sources. Except as described in subsection (b), the connector shall not otherwise utilize any of the data received from the department of revenue for any solicitations or advertising.
(b) In order to reduce the incidence of uninsurance in the commonwealth, the department of revenue shall, at the request and with the consent of a taxpayer on the taxpayer's personal income tax return, provide the connector with information from the taxpayer's personal income tax return in order for the connector to assess eligibility for health coverage options offered through the connector. The connector, upon evaluating such eligibility, shall contact individuals about the health coverage options that may be available to them through the connector. Any interagency agreement between the connector and the department of revenue shall specify the operational requirements necessary to implement this subsection.
(c) The connector may receive and use any information provided pursuant to section 23 of chapter 118E as necessary for the connector to perform the duties under this chapter, including the determination of an individual's eligibility for federal advanced premium tax credits and federal point-of-service cost-sharing reductions and adjudication of appeals arising from such determinations.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176q - Commonwealth Health Insurance Connector › Section 10 - Seal of Approval

Section 10. The connector seal of approval shall be assigned to health benefit plans or stand-alone vision or stand-alone dental plans, as applicable, that the board determines: (i) meet the requirements of subsection (d) of section 5; (ii) provide good value to consumer; (iii) offer high quality; and (iv) are offered through the connector.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176q - Commonwealth Health Insurance Connector › Section 11 - Enrollment in Connector by Producer; Commission

Section 11. When an eligible individual, eligible child or eligible small group is enrolled in the connector by a producer licensed in the commonwealth, the health plan or stand-alone vision or stand-alone dental plan chosen by each eligible individual, eligible child or eligible small group shall pay the producer a commission that shall be determined by the board. In setting the commission for health plans, the board of the connector shall consider rates of commissions paid to producers for health plans issued under chapter 176J as of January 1, 2006.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176q - Commonwealth Health Insurance Connector › Section 12 - Surcharge to Health Benefit or Stand-Alone Vision or Dental Plans; Reports; Withdrawal of Health Plan From Connector

Section 12. (a) The connector may apply a surcharge to all health benefit plans or stand-alone vision or stand-alone dental plans which shall be used only to pay for administrative and operational expenses of the connector; provided, however, that any such surcharge shall be applied uniformly to all health benefit plans or uniformly to all stand-alone vision or stand-alone dental plans offered through the connector and subconnectors; and provided further, that a subconnector may charge an additional fee to be used only to pay for additional administrative and operational expenses of the subconnector.
(b) Each carrier participating in the connector shall be required to furnish such reasonable reports as the board determines necessary to enable the executive director to carry out his duties under this chapter.
(c) The board may withdraw a health plan from the connector only after notice to the carrier.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176q - Commonwealth Health Insurance Connector › Section 13 - Expenses Incurred by Connector; Liabilities; Indemnity and Reimbursement; Rights and Property of Connector Upon Dissolution, Etc.

Section 13. (a) All expenses incurred in carrying out this chapter shall be payable solely from funds provided under the authority of this chapter and no liability or obligations shall be incurred by the connector hereunder beyond the extent to which monies shall have been provided under this chapter.
(b) The connector shall be liable on all claims made as a result of the activities, whether ministerial or discretionary, of any member, officer, or employee of the connector acting as such, except for willful dishonesty or intentional violation of the law, in the same manner and to the same extent as a private person under like circumstances; provided, however, that the connector shall not be liable to levy or execution on any real or personal property to satisfy judgment, for interest prior to judgment, for punitive damages or for any amount in excess of $100,000.
(c) No person shall be liable to the commonwealth, to the connector or to any other person as a result of his activities, whether ministerial or discretionary, as a member, officer or employee of the connector except for willful dishonesty or intentional violation of the law; provided, however, that such person shall provide reasonable cooperation to the connector in the defense of any claim. Failure of such person to provide reasonable cooperation shall cause him to be jointly liable with the connector, to the extent that such failure prejudiced the defense of the action.
(d) The connector may indemnify or reimburse any person, or his personal representative, for losses or expenses, including legal fees and costs, arising from any claim, action, proceeding, award, compromise, settlement or judgment resulting from such person's activities, whether ministerial or discretionary, as a member, officer or employee of the connector; provided that the defense of settlement thereof shall have been made by counsel approved by the connector. The connector may procure insurance for itself and for its members, officers and employees against liabilities, losses and expenses which may be incurred by virtue of this section or otherwise.
(e) No civil action hereunder shall be brought more than 3 years after the date upon which the cause thereof accrued.
(f) Upon dissolution, liquidation or other termination of the connector, all rights and properties of the connector shall pass to and be vested in the commonwealth, subject to the rights of lien holders and other creditors. In addition, any net earnings of the connector, beyond that necessary for retirement of any indebtedness or to implement the public purpose or purposes or program of the commonwealth, shall not inure to the benefit of any person other than the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176q - Commonwealth Health Insurance Connector › Section 14 - Accounting; Audits

Section 14. The connector shall keep an accurate account of all its activities and of all its receipts and expenditures and shall annually make a report thereof as of the end of its fiscal year to its board, to the governor, to the general court, and to the state auditor, such reports to be in a form prescribed by the board, with the written approval of the auditor. The board or the auditor may investigate the affairs of the connector, may severally examine the properties and records of the connector, and may prescribe methods of accounting and the rendering of periodical reports in relation to projects undertaken by the connector. The connector shall be subject to audit by the state auditor, in accordance with generally accepted government auditing standards, once every 3 years and as often as the state auditor determines is necessary.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176q - Commonwealth Health Insurance Connector › Section 15 - Study of Connector and Enrolled Persons; Written Report

Section 15. No later than 2 years after the connector begins operation and every year thereafter, the connector shall conduct a study of the connector and the persons enrolled in the connector and shall submit a written report to the governor, the president of the senate, the speaker of the house of representatives, the chairs of the joint committee on health care financing, and the house and senate committees on ways and means on status and activities of the connector based on data collected in the study. The report shall also be available to the general public upon request. The study shall review:—
(1) the operation and administration of the connector, including surveys and reports of health benefits plans available to eligible individuals and on the experience of the plans. The experience on the plans shall include data on enrollees in the connector and enrollees purchasing health benefit plans as defined by chapter 176J outside of the connector, expenses, claims statistics, complaints data, how the connector met its goals, and other information deemed pertinent by the connector; and
(2) any significant observations regarding utilization and adoption of the connector.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176q - Commonwealth Health Insurance Connector › Section 15a - Special Commission to Investigate and Study Role of Connector

Section 15A. There shall be a special commission to investigate and study the role of the connector in providing access to health insurance products. The commission shall examine the connector's utilization of private sector entities, including insurance brokers, and shall investigate ways to promote efficient enrollment of uninsured individuals into health insurance and prevent unnecessary duplications in the market. The commission shall consist of the house and senate chairs of the joint committee on financial services and the house and senate chairs of the joint committee on health care financing, 1 member of the house who shall be appointed by the minority leader and 1 member of the senate who shall be appointed by the minority leader. The commission shall report its findings and recommendations, including any recommendations for proposed legislation, at least annually, to the clerks of the senate and house of representatives.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176r - Consumer Choice of Nurse Practitioner Services › Section 1 - Definitions

Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
''Carrier'', an insurer licensed or otherwise authorized to transact accident or health insurance under chapter 175; a nonprofit hospital service corporation organized under chapter 176A; a nonprofit medical service corporation organized under chapter 176B; a health maintenance organization organized under chapter 176G; an organization entering into a preferred provider arrangement under chapter 176I; a contributory group general or blanket insurance for persons in the service of the commonwealth under chapter 32A; a contributory group general or blanket insurance for persons in the service of counties, cities, towns and districts, and their dependents under chapter 32B; the medical assistance program administered by the division of medical assistance pursuant to chapter 118E and in accordance with Title XIX of the Social Security Act or any successor statute; and any other medical assistance program operated by a governmental unit for persons categorically eligible for such program.
''Commissioner'', the commissioner of insurance.
''Insured'', an enrollee, covered person, insured, member, policyholder or subscriber of a carrier.
''Nondiscriminatory basis'', a carrier shall be deemed to be providing coverage on a non-discriminatory basis if its plan does not contain any annual or lifetime dollar or unit of service limitation imposed on coverage for the care provided by a nurse practitioner which is less than any annual or lifetime dollar or unit of service limitation imposed on coverage for the same services by other participating providers.
''Nurse practitioner'', a registered nurse who holds authorization in advanced nursing practice as a nurse practitioner under section 80B of chapter 112 and regulations promulgated thereunder.
''Participating provider'', a provider who, under the terms and conditions of a contract with the carrier or with its contractor or subcontractor, has agreed to provide health care services to an insured with an expectation of receiving payment, other than coinsurance, co-payments or deductibles, directly or indirectly from the carrier.
''Primary care provider'', a health care professional qualified to provide general medical care for common health care problems, supervises, coordinates, prescribes, or otherwise provides or proposes health care services, initiates referrals for specialist care, and maintains continuity of care within the scope of practice.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176r - Consumer Choice of Nurse Practitioner Services › Section 2 - Recognition of Nurse Practitioners as Participating Providers; Coverage for Care Provided

Section 2. The commissioner and the group insurance commission shall require that all carriers recognize nurse practitioners as participating providers subject to section 3 and shall include coverage on a nondiscriminatory basis to their insureds for care provided by nurse practitioners for the purposes of health maintenance, diagnosis and treatment. Such coverage shall include benefits for primary care, intermediate care and inpatient care, including care provided in a hospital, clinic, professional office, home care setting, long-term care setting, mental health or substance abuse program, or any other setting when rendered by a nurse practitioner who is a participating provider and is practicing within the scope of his professional license to the extent that such policy or contract currently provides benefits for identical services rendered by a provider of health care licensed by the commonwealth.