reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 11.00 - Procedures For Non-monetary Redeterminations Under M.g.l. C. 151a, Section 71 › Section 11.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				430 CMR
				11.00 is to promulgate the Department of Unemployment
				Assistance (DUA or Department) local office procedures governing non-monetary
				redeterminations of unemployment insurance claims under M.G.L. c. 151A, §
				71.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 11.00 - Procedures For Non-monetary Redeterminations Under M.g.l. C. 151a, Section 71 › Section 11.02 - Scope and Applicability

Current through Register 1525, July 5, 2024
430 CMR
				11.00 applies to all non-monetary redeterminations
				under M.G.L. c. 151A, § 71, except those pertaining to single party
				issues.
				430 CMR
				11.00 is procedural in nature and limited to
				redeterminations based on non-monetary issues;
				430 CMR
				11.00 does not establish the substantive grounds for
				redeterminations and do not apply to redeterminations based on monetary
				issues.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 11.00 - Procedures For Non-monetary Redeterminations Under M.g.l. C. 151a, Section 71 › Section 11.03 - Definitions

Current through Register 1525, July 5, 2024
Determination
is a decision made by
				the Department pursuant to M.G.L. c. 151A, § 39(a) regarding the approval
				or denial of an issue that affects the past, present or future benefit rights
				of a claimant.
Issue
is a question raised to the
				Department potentially affecting a claimant's past, present or future benefit
				rights.
Information Sufficient to Warrant a Review of an
				Unemployment Insurance Claim for a Potential Redetermination
means:
(a) New information that
			 suggests that a claim was denied or approved due to error; or
(b) New information regarding the claimant's
			 wages; or
(c) New information that
			 indicates that a claim was denied or approved, or the amount of benefits fixed,
			 based on a misrepresentation of fact.
New Information
means information,
				either in whole or in part, that was not previously known by the Department or
				that was unavailable to the party at the time the determination was
				made.
Nonmonetary Determination
is a
				determination made pursuant to M.G.L. c. 151A, § 39(a) by the Department
				regarding a separation or non-separation issue based on facts obtained during
				its investigation of the separation or non-separation issue, respectively. A
				non-monetary determination may be written or signified by payment.
Redetermination
means reconsideration
				of a determination made pursuant to M.G.L. c. 151A, § 39(a), in connection
				with an unemployment insurance claim.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 11.00 - Procedures For Non-monetary Redeterminations Under M.g.l. C. 151a, Section 71 › Section 11.04 - Notice to Claimant

Current through Register 1525, July 5, 2024
If the Department receives information sufficient to warrant a
				review of an unemployment insurance claim for a potential redetermination, the
				Department shall provide the claimant with a written Notice of New Information
				Affecting your Claim (the "Notice"), which notifies the claimant that there is
				new information which may affect the claimant's claim for benefits and has the
				potential to create an overpayment. The Notice shall provide the reason for the
				review, the start date of the potential overpayment, and information regarding
				the fact-finding interview process.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 11.00 - Procedures For Non-monetary Redeterminations Under M.g.l. C. 151a, Section 71 › Section 11.05 - Payment of Benefits Pending Decision on Redetermination

Current through Register 1525, July 5, 2024
If the claimant is otherwise entitled to benefits, no change to
				the claimant's benefit payments shall occur unless and until the issue is
				redetermined.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 11.00 - Procedures For Non-monetary Redeterminations Under M.g.l. C. 151a, Section 71 › Section 11.06 - Interview with Claimant

Current through Register 1525, July 5, 2024
The Department shall hold a fact-finding interview if, after
				the issuance of a determination, a source provides
(a) new information that indicates that the
			 claim was denied or approved due to error; or
(b) new information regarding wages;
			 or
(c) new information that
			 indicates that the issue or issues that were the subject of that determination
			 were denied or approved or the amount of benefits fixed based on a
			 misrepresentation of fact.
Conduct of Interview
. During the
				fact-finding interview, interested parties shall be afforded the opportunity to
				present evidence with respect to the issue raised, and shall be afforded an
				opportunity to rebut evidence from other parties. The parties may be
				interviewed separately or during the same interview at the sole discretion of
				the Department. If the Department has interviewed the parties separately, the
				Department may, at its discretion, offer one or both parties an opportunity to
				further respond.
Waiver of Interview
. The right to an
				interview may be waived by an interested party. The waiver of the right to an
				interview by one party does not affect the right of the other party to an
				interview.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 11.00 - Procedures For Non-monetary Redeterminations Under M.g.l. C. 151a, Section 71 › Section 11.07 - Use of Interpreters at Interviews

Current through Register 1525, July 5, 2024
A claimant who cannot communicate in and/or comprehend English
				is entitled to an interpreter during the fact-finding interview and to have the
				interpreter translate for him or her, in accordance with
				430
				CMR 4.20.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 11.00 - Procedures For Non-monetary Redeterminations Under M.g.l. C. 151a, Section 71 › Section 11.08 - Representation at Interview

Current through Register 1525, July 5, 2024
An agent, legal counsel, or advocate may accompany the claimant
				to the interview and may represent the claimant at the
				interview.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 11.00 - Procedures For Non-monetary Redeterminations Under M.g.l. C. 151a, Section 71 › Section 11.09 - Procedures following Interview

Current through Register 1525, July 5, 2024
(1) If the
			 Department determines that there is a change in the claimant's eligibility
			 resulting in an approval of benefits that were previously denied, the
			 Department will send the employer any determinations due him or her regarding
			 timeliness and the approval of benefits.
(2) If the Department determines that there
			 is a change in eligibility resulting in a denial of benefits that were
			 previously approved, the Department will issue a redetermination with notice of
			 the right to an appeal under M.G.L. c. 151A, § 39(a). Such decision will
			 become final unless an appeal is filed pursuant to M.G.L. c. 151A, §
			 39(b).
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 11.00 - Procedures For Non-monetary Redeterminations Under M.g.l. C. 151a, Section 71 › Section 11.10 - Appeals

Current through Register 1525, July 5, 2024
Appeals from redeterminations issued pursuant to
				430 CMR
				11.00 through
				11.09, inclusive, shall be
				governed by the appeal procedures set forth in M.G.L. c. 151A, § 39(b)
				with respect to original determinations.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 12.00 - Seasonal Employment Under M.G.L. c. 151A sec. 1, 24 › Section 12.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				430 CMR 12.00 is to establish
				standards and procedures concerning seasonal employment and the receipt of
				benefits by seasonal employees pursuant to M.G.L. c. 151A, §§ 1 and
				24.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 12.00 - Seasonal Employment Under M.G.L. c. 151A sec. 1, 24 › Section 12.02 - Scope and Applicability

Current through Register 1525, July 5, 2024
430 CMR 12.00 applies to
				seasonal employers and any employer who seeks seasonal status as defined in
				M.G.L. c. 151A, § 1(z), and to seasonal employees who apply for or receive
				benefits pursuant to M.G.L. c. 151A, § 24A.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 12.00 - Seasonal Employment Under M.G.L. c. 151A sec. 1, 24 › Section 12.05 - Notification to Employee

Current through Register 1525, July 5, 2024
(1) Employers who
			 have filed an application for certification as a seasonal employer, including
			 employers who have been determined by the Director not to be a seasonal
			 employer but who have appealed that determination or decision in accordance
			 with M.G.L. c. 151A, §§ 39 through 42, must post a Notice of
			 Application for Seasonal Status on forms provided by the Director. Such
			 employers must further give a copy of such Notice to each prospective seasonal
			 employee prior to hire or if a current employee, at the time of application, so
			 that such seasonal employees will be on notice that such application has been
			 filed. In addition, if such employees are represented by a labor union,
			 employers must notify those unions representing employees likely to be
			 affected, that an application for seasonal status has been filed.
(2) An employer certified by the Director as
			 a seasonal employer shall display notices of its seasonal status conspicuously
			 on its premises in a sufficient number of places to be available for inspection
			 by its employees. Such notices shall be furnished by the Director.
(3) An employer who is certified by the
			 Director as a seasonal employer, must notify the seasonal employee in writing
			 prior to hire, or immediately following the seasonal determination of the
			 following:
(a) The employee will be or has
			 been hired for a specific seasonal period as certified by the
			 Director;
(b) The employee will be
			 performing services in seasonal employment for a certified seasonal
			 employer;
(c) Employment is limited
			 to the beginning and ending dates of the seasonal period or periods as
			 certified by the Director.
(d) If a
			 claim for unemployment benefits is filed and denied or the amount of benefits
			 is reduced because of a seasonal determination, the affected employee may
			 appeal his or her designation as a seasonal employee under M.G.L. c. 151A,
			 §§ 39 through 42.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 12.00 - Seasonal Employment Under M.G.L. c. 151A sec. 1, 24 › Section 12.06 - Benefits

Current through Register 1525, July 5, 2024
(1) For benefit years beginning after January
			 1, 1993, benefits based on seasonal employment may be paid to an otherwise
			 eligible individual only:
(a) following a
			 non-disqualifying separation which occurs during the seasonal period for which
			 the individual was hired; or
(b)
			 during the next regularly recurring seasonal period following the seasonal
			 period in which the individual earned his wage credits.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 12.00 - Seasonal Employment Under M.G.L. c. 151A sec. 1, 24 › Section 12.07 - Appeals

Current through Register 1525, July 5, 2024
Any employer notified by the Director of a determination or
				redetermination regarding an approval or denial of an application for seasonal
				employment may appeal such determination or redetermination in accordance with
				M.G.L. c. 151A, §§ 39 through 42.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 12.00 - Seasonal Employment Under M.G.L. c. 151A sec. 1, 24 › Section 12.08 - Effective Dates

Current through Register 1525, July 5, 2024
(1) Determinations
			 with respect to seasonal employers may be made on or after January 1, 1993.
			 Claimants may be determined to be seasonal employees on or after that date so
			 long as all of the provisions in
			 430 CMR
			 12.05 have been met in a timely
			 manner.
(2) The effective date of a
			 seasonal determination is the first day of the calendar quarter beginning after
			 the date of the seasonal determination. Once a seasonal determination is made,
			 the seasonal status remains unless and until a redetermination is made by the
			 Director. No employee may be considered to be in seasonal employment until the
			 employee has performed services for wages after the effective date of a
			 seasonal determination as described above.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 13.00 - Deferral Of Contributions › Section 13.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 430 CMR 13.01 through
				430 CMR 13.05,
				inclusive, is to define terms, set forth requirements and establish procedures
				regarding the deferral of contributions.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 13.00 - Deferral Of Contributions › Section 13.02 - Scope and Applicability

Current through Register 1525, July 5, 2024
430 CMR 13.01 through
				430 CMR 13.05,
				inclusive, apply to all employers required to make contributions under the
				provisions of M.G.L. c. 151A, § 14.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 13.00 - Deferral Of Contributions › Section 13.03 - Definitions

Current through Register 1525, July 5, 2024
Calendar Quarter
. For the purpose of
				430 CMR
				13.00, the first calendar quarter shall be the period
				between January 1st and March 31st; the second calendar quarter shall be the
				period between April 1st and June 13th; the third calendar quarter shall be the
				period between July 1st and September 13th; and the forth calendar quarter
				shall be the period between October 1st and December 31 st.
Commissioner
. The Commissioner of the
				Department of Employment and Training established by M.G.L. c. 23, §
				9I.
Contributions
. The money payments to
				the Unemployment Compensation Fund required by M.G.L. c. 151A.
Deferred Contributions
. The amount of
				contributions ordinarily due and payable for a calendar quarter that an
				employer may postpone paying until the due date of the next succeeding calendar
				quarter.
Due Date
. The date an employer must
				pay contributions as specified in
				430 CMR
				5.03.
Employer
. Any employing unit required
				to make contributions under the provisions of M.G.L.
				c.151A,§14.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 13.00 - Deferral Of Contributions › Section 13.04 - Reporting and Payment Requirements

Current through Register 1525, July 5, 2024
(1)
(a) Employers may defer without interest or
			 penalty up to one-third of contributions due and payable for the first calendar
			 quarter.
(b) The amount deferred
			 for the first calendar quarter may not exceed 34% of the total contributions
			 due for that quarter.
(c) Employers
			 must pay any amount deferred from the first calendar quarter on or before the
			 next July 31st.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 13.00 - Deferral Of Contributions › Section 13.05 - Miscellaneous

Current through Register 1525, July 5, 2024
Except where inconsistent with St, 1992, c. 26, § 28 and
				430 CMR
				13.00, the provisions of M.G.L. c. 151A and its
				corresponding regulations shall apply.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 14.00 - Workforce training fund › Section 14.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 430 CMR 14.01 through
				430 CMR 14.10 is to
				establish criteria for the payment of contributions into and the disbursement
				of grants and expenditures from the Workforce Training Fund.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 14.00 - Workforce training fund › Section 14.02 - Scope and Applicability

Current through Register 1525, July 5, 2024
430 CMR 14.01 through
				430 CMR 14.10
				applies to contributions paid under M.G.L. c. 151A, §14L and distributed
				and expended under M.G.L. c. 29 §2RR.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 14.00 - Workforce training fund › Section 14.04 - Reporting and Payment Requirements

Current through Register 1525, July 5, 2024
(1) Each
			 employer required to pay a contribution under M.G.L. c. 151A, § 14(i)
			 shall pay, in addition to the contribution due under that section, a workforce
			 training contribution of 0.075% of its unemployment insurance taxable wage base
			 as defined by M.G.L. c. 151A, § 14 subsection (a), clause (4).
(2) The commissioner may adjust the rate of
			 such workforce training contribution annually in accordance with M.G.L. c.
			 151A, § 14L.
(3) Payment of
			 the workforce training contributions shall be made in the same manner and at
			 the same times as the commissioner prescribes for the contribution required by
			 M.G.L. c. 151A, § 14.
(4) The
			 provisions of St. 1992 c. 26, § 28 and
			 430 CMR
			 13.00
et seq
do not apply to the
			 payment of the workforce training contributions.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 14.00 - Workforce training fund › Section 14.05 - Uses of the Fund

Current through Register 1525, July 5, 2024
Subject to appropriation, the commissioner shall make
				expenditures from the Fund for the following purposes:
(1) To provide training grants to employers,
			 employer groups, labor organizations and training providers for projects to
			 provide education and training to existing employees and newly hired
			 workers.
(2) To provide technical
			 assistance to increase training opportunities available to employees.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 14.00 - Workforce training fund › Section 14.06 - Application Procedure for Training Grants

Current through Register 1525, July 5, 2024
(1)
			 All applications for a training grant as provided by M.G.L. c. 29, § 2RR,
			 subsection (b), paragraph (1) shall be made in accordance with the procedures
			 as prescribed by the commissioner.
(2) In making such application, the applicant
			 shall comply with the instructions printed on the forms issued by the
			 commissioner.
(3) The commissioner
			 shall ensure that the procedures prescribed are easily understandable by
			 non-technical personnel and that any forms which need to be submitted can be
			 completed with readily available information.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 14.00 - Workforce training fund › Section 14.07 - Approval of Training Grant Applications

Current through Register 1525, July 5, 2024
(1)
			 In determining whether to approve a training grant application, the
			 commissioner will consider the following:
(a)
			 whether the project will increase the skills of low-wage, low-skilled
			 workers;
(b) whether the project
			 will create or preserve jobs at wages sufficient to support a family;
(c) whether the project will have a positive
			 economic impact on a region with high levels of unemployment or a high
			 concentration of low-skilled workers;
(d) whether the employer has made a
			 commitment to provide significant private investment in training during the
			 duration of the grant and after the grant has expired;
(e) whether the project will supplement,
			 rather than replace, private investments in training;
(f) whether the employer is a small business
			 that lacks the capacity to provide adequate training without such
			 assistance;
(g) whether the project
			 will provide residents of the commonwealth with training for jobs that could
			 otherwise be filled only by residents of other nations;
(h) whether the project is consistent with
			 the workforce development blueprint prepared by the regional employment
			 board;
(i) whether the application
			 was developed with employee participation; and
(j) any other factors as deemed relevant by
			 the commissioner.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 14.00 - Workforce training fund › Section 14.08 - Technical Assistance

Current through Register 1525, July 5, 2024
(1) The
			 commissioner may provide technical assistance to increase training
			 opportunities available to employees either directly or by using the entities
			 listed in M.G.L. c. 29, § 2RR, subsection (b), paragraph (2) or by
			 contracting with a private organization with expertise in training of
			 employees.
(2) Expenditures from
			 the Fund for technical assistance shall not exceed $3,000,000 annually and the
			 commissioner shall demonstrate that each dollar expended for technical
			 assistance generates not less than $5.00 in private investment in job
			 training.
(3) Any entity or
			 organization seeking technical assistance funding must:
(a) agree to provide a match (cash or
			 in-kind) at least equal to the funding sought;
(b) demonstrate that the type of technical
			 assistance to be offered will be a worthwhile expenditure of public dollars
			 that will provide a meaningful economic benefit to Massachusetts companies and
			 their employees; and
(c)
			 demonstrate that the proposed technical assistance effort will not incur
			 excessive administrative costs and will devote the maximum feasible share of
			 the funds received for such assistance for the direct benefit of Massachusetts
			 business enterprises and their employees.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 14.00 - Workforce training fund › Section 14.09 - Appeal and Reconsideration

Current through Register 1525, July 5, 2024
(1) The
			 determination to approve or not approve an application for a training grant or
			 a request for technical assistance funds is not subject to appeal under any
			 provision of M.G.L. c. 151A.
(2)
			 The commissioner may reconsider a determination made under
			 430 CMR
			 14.00 based on newly discovered information or any
			 other reasonable cause.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 14.00 - Workforce training fund › Section 14.10 - Miscellaneous

Current through Register 1525, July 5, 2024
The commissioner shall not approve any training grant
				application or application for technical assistance unless the applicant has
				paid all contributions, payments in lieu of contributions, interest or penalty
				charges due under M.G.L. c. 151A.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 21.00 - Employer Medical Assistance Contribution Supplement › Section 21.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Purpose
.
			 430 CMR
			 21.00 implements the standards for determining when an
			 employer is subject to and liable for payment of the employer medical
			 assistance contribution supplement (EMAC Supplement) pursuant to M.G.L. c. 149,
			 § 189A; prescribes payment procedures for the EMAC Supplement; and
			 otherwise defines how the Department of Unemployment Assistance (DUA) will
			 administer M.G.L. c. 149, § 189A. The EMAC Supplement supports the
			 provision of health insurance coverage through the MassHealth agency and
			 subsidized health care insurance through the Commonwealth Health Insurance
			 Connector Authority (Connector).
(2)
Scope and
			 Applicability
.
			 430 CMR
			 21.00 applies to any employer subject to M.G.L. c. 151
			 A, §§ 14,14A and 14C, except those who employ not more than five
			 employees, as defined in
			 430 CMR
			 21.02.
(3)
Use of Electronic
			 Communications (E-mail)
. Any written communication required or
			 permitted under M.G.L. c. 149, § 189A or
			 430 CMR
			 21.00 shall be made and transmitted in the manner and
			 form prescribed by the DUA Director, which may include electronic
			 communication. The DUA Director shall establish procedures allowing the use of
			 the United States Postal Service (regular mail) for those employers lacking
			 reasonable access to, or the ability to use, electronic
			 communication.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 21.00 - Employer Medical Assistance Contribution Supplement › Section 21.02 - General Definitions

Current through Register 1525, July 5, 2024
Connector
. The Commonwealth Health
				Insurance Connector Authority, established pursuant to M.G.L. c. 176Q, §
				2.
ConnectorCare
. A program of health
				insurance using state subsidies that is run by the Connector and provided to
				individuals with household incomes of less than 300% of the Federal Poverty
				Limit who meet the eligibility criteria set out at
				956 CMR 12.03:
Definitions.
DUA
. The Department of Unemployment
				Assistance, established pursuant to M.G.L. c. 23, § 1.
DUA Director
. The Director of the
				Department of Unemployment Assistance or the Director's designee.
DMA
. The Division of Medical
				Assistance within the Executive Office of Health and Human Services.
Employee
. For purposes of determining
				liability for the EMAC Supplement and for determining wages under
				430 CMR
				21.00, has the same meaning as is provided in M.G.L.
				c. 151A, § 1(h).
Employer
. The same meaning as is
				provided in M.G.L. c. 151A, § 1(i).
Employing Unit
. The same meaning as is
				provided in M.G.L. c. 151A, § 1(j).
EMAC Supplement
. The contribution
				provided for in M.G.L. c. 149, § 189A.
Employment
. The same meaning as is
				provided in M.G.L. c. 151 A, § 1(k). The classes of employment exempt from
				coverage for purposes of paying the EMAC Supplement are the same as set forth
				in M.G. L. c. 151 A. Non-exempt service performed by an individual shall be
				deemed to be employment subject to M.G.L. c. 149, § 189A, unless and until
				it is shown to the satisfaction of the DUA Director that all of the provisions
				of M.G.L. c. 151 A, § 2 have been established.
MassHealth Agency, or DMA
. The Office
				of Medicaid within the Executive Office of Health and Human Services. The
				single state agency responsible for the administration of programs of medical
				assistance and medical benefits established pursuant to M.G.L. c. 6A, §
				16, and c. 118E.
Remuneration
. The same meaning as in
				M.G.L. c. 151 A, and shall include remuneration paid to an individual during
				the calendar year with respect to employment with a transferring
				employer.
Wages
. Remuneration paid by or on
				behalf of an employer to or for one of its employees up to the amount of the
				Unemployment Insurance Taxable Wage Base for each employee, as defined in
				M.G.L. c. 151 A, § 14(a)(4). For purposes of the EMAC Supplement, wages
				are deemed paid at the time that they are or should have been
				paid.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 21.00 - Employer Medical Assistance Contribution Supplement › Section 21.03 - Employer Liability

Current through Register 1525, July 5, 2024
(1)
Conditions under Which the Employer Becomes Subject to the Employer
			 Medical Assistance Contribution Supplement
.
(a) Beginning with the first calendar quarter
			 of 2018, any employer who employs six or more employees in any quarter is
			 subject to the EMAC Supplement for each such quarter.
(b) An employer's number of employees in a
			 calendar quarter is calculated by dividing the sum of the employer's three
			 monthly employment levels for the quarter by three. An employer's employment
			 level for each month of the quarter is the number of employees who worked or
			 received wages for any part of the pay period that includes the
			 12th of the month as reportable to DUA, pursuant to
			 M.G.L. c. 151 A, § 14P.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 21.00 - Employer Medical Assistance Contribution Supplement › Section 21.04 - Non-profit Organizations and Governmental Employers

Current through Register 1525, July 5, 2024
All non-profit organizations and governmental employers subject
				to the provisions of M.G.L. c. 151A are subject to and liable for payment of
				the EMAC Supplement pursuant to the provisions of
				430 CMR 21.03
				regardless of whether they choose the contributory method or the reimbursement
				method to finance the payment of unemployment insurance benefits to their
				employees; provided however, that cities, towns, regional school districts, and
				educational collaboratives organized under M.G.L. c. 40, § 4E, shall not
				be subject to or liable for payment of the EMAC Supplement unless they have
				accepted liability pursuant to M.G.L. c. 29, § 27C.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 21.00 - Employer Medical Assistance Contribution Supplement › Section 21.05 - Companies Involved in Ownership Changes

Current through Register 1525, July 5, 2024
For employers involved in a change of ownership including,
				without limitation, changes occurring due to acquisition, consolidation,
				partial transfer, or whole successorship, during a calendar quarter, any
				employing unit reporting quarterly wages for employees who received health
				insurance coverage through the MassHealth agency or through ConnectorCare for a
				continuous period of at least 56 days during that quarter shall be liable for
				the EMAC Supplement for that quarter, consistent with the provisions of 430 CMR
				21.03. The acquiring employer is not allowed credit for any EMAC Supplement
				contributions paid by the acquired employer on employee wages prior to the
				acquisition.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 21.00 - Employer Medical Assistance Contribution Supplement › Section 21.06 - Appeals

Current through Register 1525, July 5, 2024
(1) Administrative appeals from
			 determinations of liability.
(a) Whenever the
			 DUA Director issues a determination that an employer is liable for the EMAC
			 Supplement or regarding the amount of such liability, the employer may request
			 a hearing on such determination. The request for a hearing shall be filed not
			 more than ten days after the employer's receipt of notice of the determination.
			 This ten day filing period may be extended by the DUA Director, for good cause
			 shown, as set forth in 430 CMR 21.06(2). The conduct of such hearing shall be
			 in accordance with the procedures prescribed by M.G.L. c. 151A, § 39(b).
			 The DUA Director will issue a written decision affirming, modifying, or
			 revoking the initial determination.
(b) When a notice of a determination by the
			 DUA Director is transmitted by means of an electronic communication, it shall
			 be presumed received on the date it is sent, except that any notice transmitted
			 after 5:00 P.M. or on a state or federal holiday, Saturday, or Sunday, shall be
			 presumed received on the next business day. When notice of a determination is
			 sent by regular mail, it shall be presumed received three days after it is
			 mailed, except that if the third day falls on a state or federal holiday,
			 Saturday, or Sunday, the notice shall be presumed received on the next business
			 day. However, when the notice is transmitted, the presumption may be rebutted
			 by substantial and credible evidence satisfactory to the DUA Director that the
			 notice actually was received on an earlier or later date.
(c) A request shall be deemed filed on the
			 postmark date if sent by regular mail and otherwise when actually received by
			 DUA. A request received after 5:00 P.M. shall be deemed filed on the next
			 business day.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 21.00 - Employer Medical Assistance Contribution Supplement › Section 21.07 - Payment Requirements

Current through Register 1525, July 5, 2024
For employers liable under M.G.L. c. 149, § 189A, and 430
				CMR 21.03, payment of the EMAC Supplement is required quarterly, and is due and
				payable on or before the last day of the first month succeeding the quarter in
				which wages were paid and reported.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 21.00 - Employer Medical Assistance Contribution Supplement › Section 21.08 - No Commingling with the Unemployment Insurance Program

Current through Register 1525, July 5, 2024
(1) DUA shall administer the calculation and
			 collection of the EMAC Supplement independent of its responsibility under the
			 state-federal partnership to administer the Massachusetts unemployment
			 insurance program. No funds from the federal grant for the administration of
			 the unemployment insurance program under M.G.L. c. 151A shall be used for the
			 administration of the EMAC Supplement, and payment of any EMAC Supplement shall
			 not be placed in any account used for the administration of the unemployment
			 insurance program.
(2) EMAC
			 Supplement payments, credits, interest, and penalties associated with an
			 employer's liability under M.G.L. c. 149, § 189A, after collection by DUA,
			 shall not be credited or charged to that employer's unemployment insurance
			 account or the solvency account established by M.G.L. c. 151A, §
			 14.
(3) Employer payments, credits,
			 contributions, interest, and penalties associated with employer unemployment
			 insurance contributions shall be credited or charged to the employer's
			 unemployment insurance account or solvency account, whichever is
			 applicable.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 21.00 - Employer Medical Assistance Contribution Supplement › Section 21.09 - Collections and Penalties

Current through Register 1525, July 5, 2024
(1)
Collections
. Except as specifically provided in 430
			 CMR 21.00, the terms and conditions of M.G.L. c. 151A applicable to the payment
			 and collection of contributions or payments in
lieu
of
			 contributions shall apply to the payment and collection of the EMAC Supplement.
(a)
Assessment of
			 Interest
. If an employer fails to pay any portion of contributions
			 due under M.G.L. c. 149, § 189A, the overdue amount shall carry an
			 interest charge which shall be calculated using the same rate and in the same
			 manner as interest charges for overdue unemployment insurance contributions
			 under M.G.L. c. 151A, § 15(a).
(b)
Collections Against
			 Delinquent Accounts
. The DUA Director shall collect overdue
			 contributions, interest charges, and penalties under M.G.L. c. 149, §
			 189A, under the same terms and conditions as those provided for the collection
			 of delinquent unemployment insurance contributions under M.G.L. c. 151A,
			 §§ 15 through 19, including use of such remedies as dunning, property
			 liens, and levies upon employer accounts maintained in any bank or depository
			 in the Commonwealth.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 21.00 - Employer Medical Assistance Contribution Supplement › Section 21.10 - Disclosure of Information to Administer EMAC; Confidentiality

Current through Register 1525, July 5, 2024
(1)
Disclosure of Member
			 Information to Administer the EMAC Supplement
. The MassHealth
			 Agency and the Connector shall provide DUA with such information as DUA
			 determines necessary to determine liability for the EMAC Supplement and
			 otherwise administer M.G.L. c. 149, § 189A including, without limitation,
			 information pertaining to MassHealth and ConnectorCare beneficiaries (Member
			 Information), at such times and in such manner as agreed by the MassHealth
			 Agency, the Connector and DUA. The Member Information determined necessary by
			 DUA for such purposes and the related terms and conditions upon which Member
			 Information provided to DUA shall be documented in an Interdepartmental Service
			 Agreement among DUA, the MassHealth Agency and the Connector (ISA).
(2)
Confidentiality
.
(a) DUA shall protect the confidentiality of
			 Member Information provided by the MassHealth Agency and the Connector pursuant
			 to 430 CMR 21.10(1), in accordance with its obligations under applicable
			 privacy and security laws and regulations including, without limitation, M.G.L.
			 c. 66A and M.G.L. c. 118E, § 49, and any additional terms and conditions
			 as the MassHealth Agency and the Connector may reasonably require to comply
			 with their respective legal obligations, as set forth in the ISA.
(b) DUA may provide an employer, that it
			 determines is liable for the EMAC Supplement under M.G.L. c. 149, § 189A,
			 with access to Member Information for purposes of reviewing and/or appealing
			 such liability. Access shall be provided in accordance with procedures
			 established by DUA. Any employer that receives Member Information shall be
			 required to maintain the confidentiality of such Information in accordance with
			 M.G.L. c. 118, § 49, and any other legal obligation to which the employer
			 is subject, and shall limit its use and disclosure of such information as
			 necessary to review and/or appeal the amount of the employer's
			 liability.
(c) Without limiting the
			 generality of the foregoing, no employer shall use or disclose Member
			 Information to disparage or retaliate against any employee or other individual
			 to whom it pertains. Prior to the receipt of Member Information, employers
			 shall be required to sign a written acknowledgment of their obligations to
			 maintain the confidentiality of such Information, in such form and pursuant to
			 such procedures established by DUA.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 21.00 - Employer Medical Assistance Contribution Supplement › Section 21.11 - Hardship Waiver

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 430 CMR 21.11 is to establish
			 procedures and interpret the standards for granting of a hardship waiver in
			 accordance with St. 2017, c. 63, § 14A.
(2)
Scope and
			 Applicability
. Any employer liable for the EMAC Supplement under
			 M.G.L. c.149, § 189A, may submit an application for a hardship waiver. The
			 Director may give special consideration to the following classes of employers:
(a) employers with variable or limited
			 revenue;
(b) employers with fewer
			 than 50 employees;
(c) employers
			 who report 65% or more of their annual gross wages in two consecutive
			 quarters;
(d) employers whose
			 employess are mostly temporary;
(d)
			 employers that serve the public interest by providing human services or
			 long-term care services and that receive a significant share of revenues from
			 governmental programs.
Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 24.00 - COVID-19 Emergency Regulations-Employer Relief

Current through Register 1525, July 5, 2024
EMERGENCY PREAMBLE
The Director finds that immediate adoption of 430 CMR 24.00 is
			 necessary to continue to address the hardship that increased assessments for
			 costs of unemployment insurance due to the effects of COVID-19 may cause to
			 employers. The Director, therefore, also finds that observance of requirements
			 of notice and a public hearing would be contrary to the public
			 interest.
REGULATORY AUTHORITY
430 CMR 24.00: M.G.L. c. 151A, §
				14.
Code of Massachusetts Regulations › 452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS › Title 452 CMR 1.00 - Adjudicatory Rules of the Industrial Accident Board › Section 1.01 - Scope and Authority

Current through Register 1525, July 5, 2024
452 CMR 1.00 is promulgated
				pursuant to M.G.L. c. 152, § 5, for the purposes of carrying out the
				provisions of M.G.L. c. 152. Except where it would violate justice or equity to
				do so,
				452 CMR 1.00 shall apply to
				all claims and complaints before the Industrial Accident Board and the
				Industrial Accident Reviewing Board of the Department of Industrial Accidents,
				irrespective of the date of injury, except for those claims and complaints
				concerning attorney's fees and expenses set forth in
				452 CMR 1.19(1) through
				(7), which shall apply only to claims and
				complaints regarding injuries arising on or after November 1,
				1986.
Code of Massachusetts Regulations › 452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS › Title 452 CMR 1.00 - Adjudicatory Rules of the Industrial Accident Board › Section 1.04 - Insurer's Notice of Refusal to Pay Compensation

Current through Register 1525, July 5, 2024
Subject to the provisions of M.G.L. c. 152, § 7(1) and
				8(1), as to newly discovered evidence, no grounds for refusal to pay
				compensation shall be allowed as a defense unless the insurer's notice of
				refusal contains a statement of the factual basis supporting such grounds. No
				ground or factual basis sought to be raised by an insurer on newly discovered
				evidence shall be allowed as a defense unless the insurer reports each such
				ground or factual basis to the injured employee and the Department not less
				than five working days before any conference or hearing, provided that if such
				evidence is not in fact discovered until a time within such five day period, a
				continuance may be granted at the judge's discretion if requested by the
				insurer at the conference or hearing.
Code of Massachusetts Regulations › 452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS › Title 452 CMR 1.00 - Adjudicatory Rules of the Industrial Accident Board › Section 1.05 - Payment of Compensation

Current through Register 1525, July 5, 2024
(1) When an insurer
			 makes payment of benefits in a timely fashion it shall file a memorandum of
			 payment on a form prescribed by the Department within 30 calendar days of such
			 insurer's receipt of an employer's first report or an initial written claim for
			 weekly benefits on a form prescribed by the Department, whichever is received
			 first.
(2) When an insurer and an
			 injured employee reach an agreement in accordance with the provisions of M.G.L.
			 c. 152, § 19, a memorandum thereof on a form prescribed by the Department,
			 signed by the parties, shall be filed with the Department within seven days
			 thereof.
(3) Orders, decisions,
			 arbitrator's decisions and agreements for compensation are not divisible, and
			 failure to comply with all relevant terms thereof in a timely fashion shall,
			 where applicable, constitute a violation under M.G.L. c. 152, §
			 8(1).
Code of Massachusetts Regulations › 452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS › Title 452 CMR 1.00 - Adjudicatory Rules of the Industrial Accident Board › Section 1.06 - Modification or Discontinuance of Compensation

Current through Register 1525, July 5, 2024
(1) Whenever the insurer or insured deems the
			 employee to have refused to submit to, or in some way to have obstructed, a
			 medical examination scheduled pursuant to M.G.L. c. 152, §§ 45 or 11
			 A, it shall be entitled to suspend weekly benefits without an agreement, order,
			 or decision. Such a suspension of weekly compensation shall take effect only
			 after the Department is notified on a form prescribed by the Department and
			 when the insurer sends a written notice of the suspension to the employee and
			 the employee's legal counsel, if any, by certified mail with a copy of the
			 notice also sent to the department. Suspension cannot be commenced until the
			 date the notice is mailed. Such notice shall state the grounds for the
			 suspension and, except as to suspensions pursuant to M.G.L. c. 152, § 11
			 A, shall contain notification of the re-examination date. The re-examination
			 shall be scheduled to occur not less than seven days nor more than 21 days from
			 the date of notice of the suspension. Such notice shall also instruct the
			 employee that attendance at, and cooperation with, the re-examination shall
			 result in reinstatement of weekly benefits and payment of benefits withheld
			 during the period of such suspension.
Should the claimant fail to appear at the re-examination, or in
				any way obstruct, or fail to cooperate at such re-examination, the suspension
				shall continue until an administrative judge makes a determination whether
				benefits should be forfeited.
(2) No suspension of benefits shall be
			 allowed on the basis of an employee's failure to meet with a vocational
			 rehabilitative specialist within the Department pursuant to M.G.L. c. 152,
			 § 45 without the written authorization of the Office of Education and
			 Vocational Rehabilitation.
(3) An
			 insurer seeking to discontinue benefits in accordance with M.G.L. c. 152,
			 § 35E shall file a complaint in accordance with the provisions of M.G.L.
			 c. 152, § 7G. An insurer may not unilaterally discontinue benefits under
			 M.G.L. c. 152, § 35E.
(4) An
			 insurer, without the requirement of an order under M.G.L. c. 152, § 10A,
			 may suspend or take credit for any compensation due to the extent of any excess
			 retained by or paid to an employee in connection with a settlement approved in
			 accordance with the provisions of M.G.L. c. 152, § 15.
Code of Massachusetts Regulations › 452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS › Title 452 CMR 1.00 - Adjudicatory Rules of the Industrial Accident Board › Section 1.07 - Claims and Complaints

Current through Register 1525, July 5, 2024
(1) A claim for
			 compensation may be filed by any person, including an employee, dependent,
			 physician, hospital or other health care provider, who believes that benefits
			 are due under M.G.L. c. 152.
(2)
			 Pursuant to the provisions of M.G.L. c. 152, § 7G, the following
			 documentation must be attached to a claim for benefits, or complaint for
			 modification or discontinuance of benefits before it will be processed by the
			 Office of Claims Administration:
(a) Any claim
			 for a recalculation of the compensation rate under M.G.L. c. 152, § 1
			 shall be accompanied by one or more of the following:
1. an affidavit attesting to the reasons why
			 the weekly rate is incorrect;
2. a
			 wage schedule of the employee or an affidavit attesting that a demand for a
			 wage schedule was upon the employer, concurrent employer and/or insurer without
			 success, together with a brief recitation of why the claimant alleges the
			 average wage is inaccurate and why the wage schedule is needed;
3. all relevant pay stubs;
4. a W-2 tax form or any of the above
			 documents for a comparable worker where pursuant to M.G.L. c. 152, § 1(1),
			 such information is applicable.
Where concurrent employment is at issue, documentation as
				listed above shall be furnished for all concurrent employers, together with an
				affidavit attesting to the name of the concurrent employer and its insurer
				during the relevant period of concurrent employment.