reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176r - Consumer Choice of Nurse Practitioner Services › Section 3 - Qualification of Nurse Practitioner as Primary Care Provider

Section 3. A participating provider nurse practitioner practicing within the scope of his license including all regulations requiring collaboration with a physician under section 80B of chapter 112, shall be considered qualified within the carrier's definition of primary care provider to an insured.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176r - Consumer Choice of Nurse Practitioner Services › Section 4 - Designation by Insured of Nurse Practitioner as Primary Care Provider

Section 4. Notwithstanding any general or special law to the contrary, a carrier that requires the designation of a primary care provider shall provide its insured with an opportunity to select a participating provider nurse practitioner as a primary care provider or to change its primary care provider to a participating provider nurse practitioner at any time during their coverage period.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176r - Consumer Choice of Nurse Practitioner Services › Section 5 - Inclusion of Nurse Practitioners on Publicly Accessible List of Participating Providers

Section 5. Notwithstanding any general or special law to the contrary, a carrier shall ensure that all participating provider nurse practitioners are included on any publicly accessible list of participating providers for the carrier.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176r - Consumer Choice of Nurse Practitioner Services › Section 6 - Complaint Against Carrier for Noncompliance

Section 6. A complaint for noncompliance against a carrier shall be filed with and investigated by the commissioner or the group insurance commission, whichever shall have regulatory authority over the carrier. The commissioner and the group insurance commission shall promulgate regulations to enforce this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176s - Consumer Choice of Physician Assistant Services › Section 1 - Definitions

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
''Carrier'', (1) an insurer licensed or otherwise authorized to transact accident or health insurance under chapter 175; (2) a nonprofit hospital service corporation organized under chapter 176A; (3) a nonprofit medical service corporation organized under chapter 176B; (4) a health maintenance organization organized under chapter 176G; (5) an organization entering into a preferred provider arrangement under chapter 176I; (6) a contributory group general or blanket insurance for persons in the service of the commonwealth under chapter 32A; (7) a contributory group general or blanket insurance for persons in the service of counties, cities, towns and districts, and their dependents under chapter 32B; (8) the medical assistance program administered by the office of Medicaid pursuant to chapter 118E and in accordance with Title XIX of the Social Security Act or any successor statute; and (9) 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 physician assistant 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.
''Participating provider'', a provider who, under 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.
''Physician assistant'', a person who is a graduate of an approved program for the training of physician assistants who is supervised by a registered physician in accordance with sections 9C to 9H, inclusive, of chapter 112, and who has passed the Physician Assistant National Certifying Exam or its equivalent.
''Primary care provider'', a health care professional qualified to provide general medical care for common health care problems who (1) supervises, coordinates, prescribes, or otherwise provides or proposes health care services; (2) initiates referrals for specialist care; and (3) maintains continuity of care within the scope of practice.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176s - Consumer Choice of Physician Assistant Services › Section 2 - Physician Assistants to Be Recognized as Participating Providers Subject to Sec. 3

Section 2. The commissioner and the group insurance commission shall require that all carriers recognize physician assistants as participating providers subject to section 3 and shall include coverage on a nondiscriminatory basis to their insureds for care provided by physician assistants 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 physician assistant who is a participating provider and is practicing within the scope of his or her professional authority as defined by statute, rule and physician delegation 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176s - Consumer Choice of Physician Assistant Services › Section 3 - Physician Assistant to Be Considered Qualified as Primary Care Provider

Section 3. A participating provider physician assistant practicing within the scope of such physician assistant's license, including all regulations requiring collaboration with or supervision by a physician under section 9E of chapter 112, shall be considered qualified within the carrier's definition of primary care provider to an insured.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176s - Consumer Choice of Physician Assistant Services › Section 4 - Participating Provider Physician Assistant Eligible as Primary Care Provider

Section 4. Notwithstanding any general or special law to the contrary, a carrier that requires the designation of a primary care provider shall provide its insured with an opportunity to select a participating provider physician assistant as a primary care provider.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176s - Consumer Choice of Physician Assistant Services › Section 5 - Participating Provider Physician Assistants to Be Included on Publicly Accessible List of Participating Providers

Section 5. Notwithstanding any general or special law to the contrary, a carrier shall ensure that all participating provider physician assistants are included on any publicly accessible list of participating providers for the carrier.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176s - Consumer Choice of Physician Assistant Services › Section 6 - Complaint for Noncompliance

Section 6. A complaint for noncompliance against a carrier shall be filed with and investigated by the commissioner or the group insurance commission, whichever shall have regulatory authority over the carrier. The commissioner and the group insurance commission shall promulgate regulations to enforce this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176t - Risk-Bearing Provider Organizations › Section 2 - Risk-Bearing Provider Organization Not Subject to Chapters 175, 176a, 176b, 176c, 176e, 176f, 176g and 176j

Section 2. Except as hereinafter provided, a risk-bearing provider organization shall not be subject to chapters 175, 176A, 176B, 176C, 176E, 176F, 176G and 176J; provided, however, that a risk-bearing provider organization that enters into a contract with employers or individuals under which the provider organization would assume a significant portion of downside risk, as defined through division regulations, may be subject to the provisions of said chapters 175, 176A, 176B, 176C, 176E, 176F, 176G and 176J for the purposes of such contracts.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176t - Risk-Bearing Provider Organizations › Section 5 - Threat of Financial Insolvency Due to Risk-Bearing Provider Organization's Alternative Payment Contracts With Downside Risk; Notice; Suspension or Cancellation of Risk Certificate; Hearing

Section 5. (a) If upon examination or at any other time the commissioner determines that the risk-bearing provider organization's existing or proposed alternative payment contracts with downside risk are likely to threaten the financial solvency of the risk-bearing provider organization, the commissioner shall provide notice to the risk-bearing provider organization.
(b) The commissioner may suspend, cancel, non-renew or refuse to issue a risk-bearing provider organization's risk certificate upon a determination that the risk-bearing provider organization has not cured a threat to financial solvency, that the risk-bearing provider organization's application for a risk certificate is incomplete or contains or is based on fraudulent information, or that the risk-bearing provider organization has otherwise failed to comply with the requirements of this chapter. The commissioner shall notify the risk-bearing provider organization and advise, in writing, of the reason for any refusal to issue or non-renew a risk certificate under this chapter. A copy of the notice shall be forwarded to the commission and center. The applicant or certified risk-bearing provider organization may make written demand upon the commissioner within 30 days of receipt of such notification for a hearing before the commissioner to determine the reasonableness of the commissioner's action. The hearing shall be held pursuant to chapter 30A.
(c) The commissioner shall not suspend or cancel a risk certificate unless the commissioner has first afforded the risk-bearing provider organization an opportunity for a hearing pursuant to chapter 30A.
(d) Upon a ruling by the commissioner to suspend or cancel a risk-I bearing provider organization's certification, a written notice shall be forwarded to the commission and the center.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176t - Risk-Bearing Provider Organizations › Section 6 - Health Care Provider Prohibited From Collecting or Attempting to Collect Money Owed by Risk-Bearing Provider Organization From Patient

Section 6. (a) For purposes of this section, ''health care provider'' shall mean any physician, hospital or other person or entity furnishing health services that has contracted to provide services according to its agreements with a risk-bearing provider organization.
(b) A health care provider or any representative of a health care provider shall not maintain any action against a patient to collect or attempt to collect any money owed to the health care provider by a risk-bearing provider organization.
(c) A risk-bearing provider organization shall include provisions within its contracts with health care providers that conspicuously prohibit health care providers from collecting or attempting to collect money from a patient that is owed to the health care provider by a risk-bearing provider organization.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176t - Risk-Bearing Provider Organizations › Section 8 - Non-Exemption of Applicable Provisions of Chapter 111, 112 or 176t

Section 8. Nothing in this chapter shall exempt any person from any applicable provisions of chapter 111, 112 or 176T including, but not limited to, provisions relating to determination of need, licensure and regulation of hospitals and clinics and registration of health professionals.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176t - Risk-Bearing Provider Organizations › Section 9 - Promulgation of Rules and Regulations Necessary to Carry Out Provisions of This Chapter

Section 9. The commissioner shall promulgate rules and regulations as are necessary to carry out the provisions of this chapter. In developing the rules and regulations, including risk-bearing standards, certification and reporting requirements, the commissioner shall consider other rules and regulations applicable to such organizations and shall consult with the center and the commission regarding standards concerning provider organizations which enter into alternative payment contracts.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176u - Long-Term Care Insurance › Section 2 - Extraterritorial Jurisdiction

Section 2. No group long-term care insurance policy shall be offered to a resident of the commonwealth under a group policy issued in another state to a group described in clause (4) of the definition of group long-term care insurance unless the commonwealth or another state having statutory and regulatory long-term care insurance requirements substantially similar to those adopted in the commonwealth has made a determination that the requirements of said clause (4) have been met.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176u - Long-Term Care Insurance › Section 4 - Incontestability Period

Section 4. (a) For a policy or certificate that has been in force for less than 6 months, an insurer may rescind a long-term care insurance policy or certificate or deny an otherwise valid long-term care insurance claim upon a showing of misrepresentation that is material to the acceptance for coverage.
(b) For a policy or certificate that has been in force for at least 6 months but less than 2 years an insurer may rescind a long-term care insurance policy or certificate or deny an otherwise valid long-term care insurance claim upon a showing of misrepresentation that is both material to the acceptance for coverage and which pertains to the condition for which benefits are sought.
(c) After a policy or certificate has been in force for 2 years it shall not be contestable upon the grounds of misrepresentation alone but may be contested only upon a showing that the insured knowingly and intentionally misrepresented relevant facts relating to the insured's health.
(d) A long-term care insurance policy or certificate may be field issued if the compensation to the field issuer is not based on the number of policies or certificates issued. For the purposes of this subsection, the term ''field issued'' shall mean a policy or certificate issued by a producer or a third-party administrator under the underwriting authority granted to the producer or third party administrator by an insurer and using the insurer's underwriting guidelines.
(e) If an insurer has paid benefits under a long-term care insurance policy or certificate, the insurer shall not be entitled to recover the benefit payments if the policy or certificate is rescinded.
(f) In the event of the death of the insured, this section shall not apply to the remaining death benefit of a life insurance policy that accelerates benefits for long-term care. In that event, the remaining death benefits under any such policy shall be governed by section 132 of chapter 175. In any other event, this section shall apply to life insurance policies that accelerate benefits for long-term care.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176u - Long-Term Care Insurance › Section 5 - Nonforfeiture Benefits

Section 5. (a) Except as provided in subsection (b), a long-term care insurance policy shall not be delivered or issued for delivery in the commonwealth unless the policyholder or certificate holder has been offered the option of purchasing a policy or certificate that includes a nonforfeiture benefit. The offer of a nonforfeiture benefit may be in the form of a rider that is attached to the policy. In the event the policyholder or certificate holder declines the nonforfeiture benefit, the insurer shall provide a contingent benefit upon lapse that shall be available for a specified period of time following a substantial increase in premium rates.
(b) When a group long-term care insurance policy is issued, the offer required in subsection (a) shall be made to the group policyholder. If the policy is issued as group long-term care insurance to a group defined in clause (4) of the definition of group long-term care insurance, other than to a continuing care retirement community or other similar entity, the offer shall be made to each proposed certificate holder.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176u - Long-Term Care Insurance › Section 7 - Promulgation of Rules and Regulations; Notice and Hearing on Rate Increases

Section 7. (a) The commissioner shall promulgate rules and regulations, under chapter 30A which, at a minimum, shall be consistent with the standards set forth in the 2009 National Association of Insurance Commissioners Long-Term Care Model Regulation, including standards for:
(i) full and fair disclosure, setting forth the manner, content and required disclosures for the sale of long-term care insurance policies and certificates;
(ii) policy definitions and provisions, terms of renewability, initial and subsequent conditions of eligibility, benefit triggers, home health and community care benefits, nonduplication of coverage provisions, coverage of dependents, preexisting conditions, termination of insurance, continuation or conversion, limitations, exceptions, reductions, elimination and probationary periods, requirements for replacement and unintentional lapse protection;
(iii) the promotion of premium adequacy and protections for the policyholder or certificate holder in the event of a substantial rate increase and disclosure;
(iv) the offer of inflation and nonforfeiture coverage, including rules for a contingent benefit upon lapse;
(v) marketing practices and suitability and producer professional education; and
(vi) filing requirements, reporting practices and requirements, reserve standards, independent review of benefit determinations and penalties.
(b) The division of insurance shall update, on a biennial basis, the consumer guide for long-term insurance. The division shall maintain a list of insurance companies selling long-term care insurance in the commonwealth and their Massachusetts rate increase history for the preceding 10 years on its website.
(c) The commissioner shall, in the commissioner's discretion and may, on motion of the attorney general, initiate a hearing on any long-term care insurance rate increase before its effective date after at least 10 days' notice.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176u - Long-Term Care Insurance › Section 8 - Penalties

Section 8. In addition to the penalties provided in chapters 175 and 176D, any insurer or insurance producer found to have violated any requirement of this chapter or any rules or regulations promulgated under this chapter relating to the regulation of long-term care insurance or the marketing of such insurance, shall be subject to a fine of up to 3 times the amount of any commissions paid for each policy involved in the violation or up to $10,000, whichever is greater.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176u - Long-Term Care Insurance › Section 9 - Scope of Chapter

Section 9. Nothing in this chapter shall supersede the obligations of entities subject to this chapter to comply with applicable insurance laws insofar as those laws do not conflict with this chapter, except that laws and regulations intended to apply to Medicare supplement insurance policies governed by chapter 176K of the General Laws shall not apply to long-term care insurance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176v - Own Risk and Solvency Assessment › Section 2 - Risk Management Framework

Section 2. An insurer shall maintain a risk management framework to assist the insurer with identifying, assessing, monitoring, managing and reporting on its material and relevant risks. This requirement may be satisfied if the insurance group of which the insurer is a member maintains a risk management framework applicable to the operations of the insurer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176v - Own Risk and Solvency Assessment › Section 3 - Orsa Requirements

Section 3. Subject to section 5, an insurer, or the insurance group of which the insurer is a member, shall regularly conduct an ORSA consistent with a process comparable to the ORSA guidance manual. The ORSA shall be conducted annually and at any time when there are significant changes to the risk profile of the insurer or the insurance group of which the insurer is a member.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176v - Own Risk and Solvency Assessment › Section 4 - Orsa Summary Report or Similar Report; Contents; Reports Submitted to Commissioner of Another State or Foreign Jurisdiction

Section 4. (a) Upon the request of the commissioner, and no more than annually, an insurer shall submit to the commissioner an ORSA summary report or any combination of reports that together contain the information described in the ORSA guidance manual, applicable to the insurer or the insurance group of which it is a member. Notwithstanding any request from the commissioner, if the insurer is a member of an insurance group, the insurer shall submit the report required by this subsection if the commissioner is the lead state commissioner of the insurance group as determined by the procedures within the financial analysis handbook adopted by the NAIC.
(b) The report required by subsection (a) shall include the attestation of the insurer or insurance group's chief risk officer or other executive with responsibility for the oversight of the insurer's enterprise risk management process that, to the best of their belief and knowledge, the insurer applies the enterprise risk management process described in the ORSA summary report and that a copy of the report has been provided to the insurer's board of directors or to the appropriate committee thereof.
(c) An insurer may comply with subsection (a) by providing the commissioner the most recent and substantially similar report provided by the insurer or another member of an insurance group of which the insurer is a member to the commissioner of another state or to a supervisor or regulator of a foreign jurisdiction if that report provides information that is comparable to the information described in the ORSA guidance manual. A report in a language other than English shall be accompanied by a translation of that report into English.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176v - Own Risk and Solvency Assessment › Section 6 - Report to Be Consistent With Orsa Guidance Manual; Examination of Supporting Documents; Review

Section 6. (a) An ORSA summary report shall be prepared consistent with the ORSA guidance manual, subject to the requirements of this chapter. Documentation and supporting information shall be maintained and made available upon examination or upon request of the commissioner.
(b) The review of an ORSA summary report and any additional requests for information shall be made using procedures consistent with the analysis and examination of multi-state or global insurers and insurance groups.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176v - Own Risk and Solvency Assessment › Section 8 - Failure to Timely File Orsa Summary Report; Penalty

Section 8. Any insurer failing, without just cause, to timely file the ORSA summary report as required in this chapter shall be required, after notice and hearing, to pay a penalty of $500 for each day the report is delayed, to be recovered by the commissioner. The maximum penalty pursuant to this section shall be $10,000. The commissioner may reduce the penalty if the insurer demonstrates to the commissioner that the imposition of the penalty would constitute a financial hardship to the insurer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176w - Corporate Governance Annual Disclosure › Section 1 - Definitions

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
''Commissioner'', the commissioner of insurance.
''Corporate Governance Annual Disclosure (CGAD)'', a confidential report filed by the insurer or insurance group made in accordance with the requirements of this chapter.
''Corporate Governance Annual Disclosure Model Regulation'', the current version of the Corporate Governance Annual Disclosure Model Regulation developed and adopted by the NAIC and as amended from time to time. A change in the Corporate Governance Annual Disclosure Model Regulation shall be effective on the January 1 following the calendar year in which the changes have been adopted by the NAIC.
''Division'', the division of insurance.
''Insurance group'', those insurers and affiliates included within an insurance holding company system as defined in section 206 of chapter 175; health maintenance organizations and affiliates included within a health maintenance organization holding company system, as defined in section 1 of chapter 176G; workers compensation self-insurance groups and their affiliates organized pursuant to sections 25E to 25U, inclusive, of chapter 152; fraternal benefit societies and their affiliates organized pursuant to chapter 176; non-profit hospital service corporations and their affiliates organized pursuant to chapter 176A; medical service corporations and their affiliates organized pursuant to chapter 176B; dental service corporations and their affiliates organized pursuant to chapter 176E; optometric service corporations and their affiliates organized pursuant to chapter 176F; insured legal services plans and their affiliates organized pursuant to chapter 176H; and limited societies and their affiliates organized pursuant to chapter 176P.
''Insurer'', the same meaning as in section 1 of chapter 175; workers compensation self-insurance groups organized pursuant to sections 25E to 25U, inclusive, of chapter 152; fraternal benefit societies organized pursuant to chapter 176; non-profit hospital service corporations organized pursuant to chapter 176A; medical service corporations organized pursuant to chapter 176B; dental services corporations organized pursuant to chapter 176E; optometric service corporations organized pursuant to chapter 176F; health maintenance organizations organized pursuant to chapter 176G; insured legal services plans organized pursuant to chapter 176H; and limited societies organized pursuant to chapter 176P; except that ''insurer'' shall not include agencies, authorities or instrumentalities of the United States, its possessions and territories, the commonwealth of Puerto Rico, the District of Columbia or a state or political subdivision of a state.
''NAIC'', the National Association of Insurance Commissioners.
''ORSA summary report'', the report filed in accordance with chapter 176V.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176w - Corporate Governance Annual Disclosure › Section 2 - Disclosure Requirement

Section 2. (a) An insurer, or the insurance group of which the insurer is a member, shall, no later than June 1 of each calendar year, submit to the commissioner a CGAD that contains the information described in subsection (a) of section 4. Notwithstanding any request from the commissioner made pursuant to subsection (c), if the insurer is a member of an insurance group, the insurer shall submit the report required by this section to the commissioner of the lead state for the insurance group, in accordance with the laws of the lead state, as determined by the procedures outlined in the most recent Financial Analysis Handbook adopted by the NAIC.
(b) The CGAD shall include a signature of the insurer's or insurance group's chief executive officer or corporate secretary attesting to the best of that individual's belief and knowledge that the insurer has implemented the corporate governance practices and that a copy of the disclosure has been provided to the insurer's board of directors or the appropriate committee thereof.
(c) An insurer not required to submit a CGAD under this section shall do so upon the commissioner's request.
(d) For purposes of completing the CGAD, the insurer or insurance group may provide information regarding corporate governance at the ultimate controlling parent level, an intermediate holding company level or the individual legal entity level, depending upon how the insurer or insurance group has structured its system of corporate governance. The insurer or insurance group is encouraged to make the CGAD disclosures at the level at which the insurer's or insurance group's risk appetite is determined, or at which the earnings, capital, liquidity, operations and reputation of the insurer are overseen collectively and at which the supervision of those factors are coordinated and exercised, or the level at which legal liability for failure of general corporate governance duties would be placed. If the insurer or insurance group determines the level of reporting based on these criteria, it shall indicate which of the 3 criteria was used to determine the level of reporting and explain any subsequent changes in the level of reporting.
(e) The review of the CGAD and any additional requests for information shall be made through the lead state as determined by the procedures within the most recent Financial Analysis Handbook adopted by the NAIC referenced in subsection (a).
(f) Insurers providing information substantially similar to the information required by this chapter in other documents provided to the commissioner, including proxy statements filed in conjunction with Form B requirements pursuant to section 206C of chapter 175, or other state or federal filings provided to the division, shall not be required to duplicate that information in the CGAD, but shall only be required to cross reference the document in which the information is included.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176w - Corporate Governance Annual Disclosure › Section 4 - Contents of Corporate Governance Annual Disclosure

Section 4. (a) The insurer or insurance group shall have discretion over the responses to the CGAD inquiries, provided the CGAD shall contain the material information necessary to permit the commissioner to gain an understanding of the insurer's or group's corporate governance structure, policies and practices. The commissioner may request additional information that he or she deems material and necessary to provide the commissioner with a clear understanding of the corporate governance policies, the reporting or information system or controls implementing those policies.
(b) Notwithstanding subsection (a) of this section, the CGAD shall be prepared consistent with the NAIC Corporate Governance Annual Disclosure Model Regulation, subject to the requirements of this chapter. Documentation and supporting information shall be maintained and made available upon examination or upon request of the commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176w - Corporate Governance Annual Disclosure › Section 6 - Naic and Third-Party Consultants

Section 6. (a) The commissioner may retain, at the insurer's expense, third-party consultants, including attorneys, actuaries, accountants and other experts not otherwise a part of the commissioner's staff as may be reasonably necessary to assist the commissioner in reviewing the CGAD and related information or the insurer's compliance with this chapter.
(b) Any persons retained under subsection (a) shall be under the direction and control of the commissioner and shall act in a purely advisory capacity.
(c) The NAIC and Third-party consultants shall be subject to the same confidentiality standards and requirements as the commissioner.
(d) As part of the retention process, a third-party consultant shall verify to the commissioner, with notice to the insurer, that it is free of a conflict of interest and that it has internal procedures in place to monitor compliance with a conflict and to comply with the confidentiality standards and requirements of this chapter.
(e) A written agreement with the NAIC or a third-party consultant governing sharing and use of information provided pursuant to this chapter shall contain the following provisions and expressly require the written consent of the insurer prior to making public information provided under this chapter:
(i) specific procedures and protocols for maintaining the confidentiality and security of CGAD-related information shared with the NAIC or a third-party consultant pursuant to this chapter;
(ii) procedures and protocols for sharing by the NAIC only with other state regulators from states in which the insurance group has domiciled insurers. The agreement shall provide that the recipient agrees in writing to maintain the confidentiality and privileged status of the CGAD-related documents, materials or other information and has verified in writing the legal authority to maintain confidentiality;
(iii) a provision specifying that ownership of the CGAD-related information shared with the NAIC or a third-party consultant shall remain with the division and the NAIC's or third-party consultant's use of the information is subject to the direction of the commissioner;
(iv) a provision that prohibits the NAIC or a third-party consultant from storing the information shared pursuant to this chapter in a permanent database after the underlying analysis is completed;
(v) a provision requiring the NAIC or third-party consultant to provide prompt notice to the commissioner and to the insurer or insurance group regarding any subpoena, request for disclosure, or request for production of the insurer's CGAD-related information; and
(vi) a requirement that the NAIC or a third-party consultant consent to intervention by an insurer in any judicial or administrative action in which the NAIC or a third-party consultant may be required to disclose confidential information about the insurer shared with the NAIC or a third-party consultant pursuant to this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176w - Corporate Governance Annual Disclosure › Section 7 - Sanctions

Section 7. Any insurer failing, without just cause, to timely file the CGAD as required pursuant to this chapter shall, after notice and hearing, be subject to a penalty of $500 for each day of delay, to be recovered by the commissioner. The maximum penalty under this section shall be $10,000. The commissioner may reduce the penalty if the insurer demonstrates to the commissioner that the imposition of the penalty would constitute a financial hardship to the insurer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176w - Corporate Governance Annual Disclosure › Section 8 - Severability

Section 8. If any provision of this chapter except for section 5, or the application thereof to any person or circumstance, is held invalid, such determination shall not affect the provisions or applications of this chapter which can be given effect without the invalid provision or application, and to that end the provisions of this chapter, except for section 5, shall be severable.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176x - Dental Benefit Plans › Section 1 - Definitions

[Text of section applicable to all dental benefit plans issued, made effective, delivered or renewed on or after January 1, 2024. See 2022, 287, Sec. 4.]
Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:—
''Carrier'', an insurer or other entity offering dental benefit plans in the commonwealth.
''Commissioner'', the commissioner of the division of insurance.
''Connector'', the commonwealth health insurance connector, established by chapter 176Q.
''Dental benefit plans'', any stand-alone dental plan that covers oral surgical care, dental services, dental procedures or benefits covered by any individual, general, blanket or group policy of health, accident and sickness insurance issued by an insurer licensed or otherwise authorized to transact accident and health insurance under chapter 175; any oral surgical care, dental services, dental procedures or benefits covered by a stand-alone individual or group dental medical service plan issued by a non-profit medical service corporation under chapter 176B; any oral surgical care, dental services, dental procedures or benefits covered by a stand-alone individual or group dental service plan issued by a dental service corporation organized under chapter 176E; any oral surgical care, dental services, dental procedures or benefits covered by a stand-alone individual or group dental health maintenance contract issued by a health maintenance organization organized under chapter 176G; or any oral surgical care, dental services, dental procedures or benefits covered by a stand-alone individual or group preferred provider dental plan issued by a preferred provider arrangement organized under chapter 176I. The commissioner may, by regulation, define other dental coverage as a qualifying dental benefit plan for the purposes of this chapter.
''Self–insured customer'', a self-insured group for which a carrier provides administrative services.
''Self–insured group'', a self-insured or self-funded employer group health plan.
''Third–party administrator'', a person or entity that, on behalf of a dental insurer or the MassHealth dental program, or purchaser of dental benefits, provides administrative services including receiving or collecting charges, contributions or premiums for, or adjusting or settling claims on or for residents of the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 176x - Dental Benefit Plans › Section 4 - Application and Construction of Chapter

[Text of section applicable to all dental benefit plans issued, made effective, delivered or renewed on or after January 1, 2024. See 2022, 287, Sec. 4.]
Section 4. Except as otherwise provided below, this chapter shall apply to all dental benefit plans, including plans issued directly by a carrier, through the connector, or through an intermediary. This chapter shall not apply to dental benefit plans issued, delivered or renewed to a self-insured group or where the carrier is acting as a third-party administrator. Nothing in this chapter shall be construed to require a carrier that does not issue dental benefit plans subject to this chapter to issue dental benefit plans subject to this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 179 - Proprietors of Wharves, Real Estate Lying in Common, and General Fields › Section 1 - Issuance of Warrant for Meeting Upon Application of Proprietors of Lands, Wharves or Other Real Estate Held in Common to Organize as Corporation

Section 1. Upon written application of five or more proprietors of lands, wharves or other real estate held in common to a justice of the peace, stating that they intend to organize themselves as a corporation, he shall issue his warrant to one of the applicants, directing him to call a meeting of all the proprietors and expressing in the warrant the time, place, occasion and purpose of the meeting.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 179 - Proprietors of Wharves, Real Estate Lying in Common, and General Fields › Section 2 - Notice of Organizational Meeting

Section 2. The meeting shall be called by posting a notice containing the substance of the warrant, signed by the person to whom the warrant is directed, fourteen days at least before the meeting, in one or more public places in the town, and by publishing it in a newspaper, if any, published in the county where the estate lies; otherwise, in a newspaper published in an adjoining county.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 179 - Proprietors of Wharves, Real Estate Lying in Common, and General Fields › Section 3 - Formation of Corporation; Selection of Officers; Certification of Organization

Section 3. At such meeting, by vote of a majority in number and interest of all of the proprietors, they may organize themselves as a corporation under this chapter; and they may thereupon choose a clerk, treasurer, collector and such committees and other officers as they deem necessary for the management of their affairs, and may agree upon and direct the manner of calling future meetings. Each officer chosen shall hold his office until his successor is qualified. The clerk, treasurer and collector shall forthwith make, sign and swear to a certificate setting forth the name of the corporation, its purpose, the town and county where it is located, the date of the meeting for organization and any adjournments thereof, and any other facts of importance contained in the proceedings of organization. The certificate and the record of the meeting, including any by-laws, shall be submitted to the state secretary, who shall examine them and who may require such amendments thereof or such additional information as he deems necessary. If he finds that the provisions of law relative to the organization of the corporation have been complied with, he shall endorse his approval on the certificate. The certificate shall, upon payment of a fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven, be filed in the office of the state secretary; otherwise, the organization shall be void.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 179 - Proprietors of Wharves, Real Estate Lying in Common, and General Fields › Section 4 - Duties of Clerk

Section 4. The clerk shall be sworn, and shall record all votes, orders and proceedings of the proprietors in books which he shall keep for that purpose until they are delivered to the town clerk as hereinafter provided.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 179 - Proprietors of Wharves, Real Estate Lying in Common, and General Fields › Section 5 - Duties of Treasurer

Section 5. The treasurer shall demand and receive all money due or belonging to the proprietors, shall sue for and recover in his own name to their use all fines and penalties incurred under sections seven and eight, shall pay out all money in his hands according to the order of the proprietors and shall, from time to time when required, render his accounts thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 179 - Proprietors of Wharves, Real Estate Lying in Common, and General Fields › Section 6 - Actions by and Against Corporations

Section 6. Such proprietors may sue and be sued as a body corporate; and an action brought by the corporation for trespass on the common property may be pleaded in abatement or answered in bar of an action for the same trespass brought by any of the proprietors in his individual capacity.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 179 - Proprietors of Wharves, Real Estate Lying in Common, and General Fields › Section 7 - By-Laws; Annexation of Penalties

Section 7. They may make by-laws consistent with law for the orderly conducting of their business, with penalties for the breach thereof not exceeding three dollars for each offence; but by-laws with penalties annexed shall be approved by the county commissioners for the county where the estate lies.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 179 - Proprietors of Wharves, Real Estate Lying in Common, and General Fields › Section 8 - Power of Moderator

Section 8. The moderator of a meeting of the proprietors shall have the same power as the moderator of a town meeting, except the power of confining a person or causing him to be removed from the meeting. Whoever resists or disobeys his orders shall be subject to the pecuniary penalties provided for the like offences at a town meeting.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 179 - Proprietors of Wharves, Real Estate Lying in Common, and General Fields › Section 9 - Powers of Proprietors at Legal Meeting

Section 9. The proprietors may, at a legal meeting, exercise any of the powers granted to them in this chapter; but no business shall be acted on unless set forth in the notice for the meeting.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 179 - Proprietors of Wharves, Real Estate Lying in Common, and General Fields › Section 10 - Voting Rights

Section 10. Each proprietor may vote according to the number of his shares or the amount of his interest, if known; and if not known, the proprietors shall vote equally. Absent proprietors may vote by written proxy.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 179 - Proprietors of Wharves, Real Estate Lying in Common, and General Fields › Section 11 - Conduct of Business

Section 11. The proprietors may by vote adopt such measures and levy such assessments in proportion to their respective rights and interests in the property as they deem proper for managing, improving or dividing their common property and carrying on their business.