Chapter 26

Section 1. There shall be a department of banking and insurance consisting of a division of banks and loan agencies and a division of insurance. Each division shall be in charge of a commissioner who shall be known, respectively, as the commissioner of banks and the commissioner …

Section 2. The commissioner shall be appointed by the governor to serve for a term coterminous with that of the governor. The position of commissioner shall be classified in accordance with section forty-five of chapter thirty and the salaries shall be determined in accordance wi…

Section 3. Subject to the approval of the governor and council, the commissioner may appoint and remove a deputy commissioner, and a deputy commissioner and general counsel. In case of a vacancy in the office of the commissioner, and during his absence or disability, the deputy c…

Section 3A. (a) The division of banks shall maintain a consumer assistance unit. The unit may provide assistance in response to complaints involving any person or entity that the division has authority to regulate or in other areas as the commissioner deems appropriate, which may…

Section 4. The commissioner of banks, with the approval of the governor and council, may appoint and remove a deputy as supervisor of loan agencies, who shall give bond in the sum of five thousand dollars, with sufficient sureties, payable to and approved by the state treasurer.

Section 5. There shall be a board of bank incorporation serving in the division, consisting of the state treasurer, the commissioner of banks and the commissioner of revenue.

Section 5A. There shall be in the division but not subject to its control a board to be known as the small loans regulatory board, hereinafter called the board, to consist of the board of bank incorporation and two persons to be appointed by the governor with the advice and conse…

Section 6. Upon the expiration of the term of office of a commissioner, his successor shall be appointed by the governor for a term coterminous with that of the governor, and shall serve at the pleasure of the governor. The position of commissioner shall be classified in accordan…

Section 7. The commissioner of insurance may appoint and remove, with the approval of the governor and council, a first deputy, an actuary, a research analyst, and a chief examiner and such additional deputies, examiners, assistant actuaries and inspectors as the service may requ…

Section 7A. There shall be in the division of insurance a health care access bureau overseen by a deputy commissioner for health care access, whose duties shall include, subject to the direction of the commissioner of insurance, administration of the division's statutory and regu…

Section 7B. (a) For the purposes of implementing chapter 111M and section 8B of chapter 62C, the commissioner may consult with the department of revenue and may enter into an interdepartmental service agreement with the department that may include the transfer of information from…

Section 8A. There shall be a board of appeal on motor vehicle liability policies and bonds serving in the division of insurance and consisting of the commissioner of insurance or his representative, the registrar of motor vehicles or a representative, and two assistant attorneys …

Section 8B. There shall be in the division of insurance a fraudulent claims board, hereinafter called the board, consisting of the commissioner of insurance or his designee, the registrar of motor vehicles or his designee, and the director of the state rating bureau or his design…

Section 8C. The commissioner of insurance may make an assessment in each fiscal year against all licensed insurers in the commonwealth. Said assessments shall be made at a rate as shall be determined and certified annually by the commissioner as sufficient to produce revenue to r…

Section 8D. On or before October first in any fiscal year, the commissioner of insurance shall certify to the commissioner of corporations and taxation the amount of assessment to be made and the name and address of each company against whom such assessment is to be made. Such as…

Section 8E. There shall be in the division of insurance a rating bureau which shall make an investigation and study of all insurance companies authorized to issue motor vehicle liability insurance as described by sections thirty-four A and thirty-four O of chapter ninety, or auth…

Section 8F. The commissioner of insurance is hereby authorized to require each insurance company issuing private passenger motor vehicle liability policies in the commonwealth to collect an assessment to be utilized by the attorney general for the purposes set forth under the pro…

Section 8G. There shall be in the division of insurance an auto damage appraiser licensing board, hereinafter called the board, consisting of four persons to be appointed by the governor, two of whom shall be affiliated with the auto body repair industry, and two of whom shall be…

Section 8H. The commissioner of insurance is hereby authorized to make in each fiscal year an assessment against all domestic insurers and an assessment against nonprofit hospital, medical and dental service corporations as defined in section one of chapter one hundred and sevent…

Section 8I. There shall be established within the division a medical malpractice analysis bureau which shall analyze and collect data and advise the commissioner on requests filed by a medical malpractice insurer licensed, admitted, authorized or approved by the commissioner for …

Section 8J. The commissioner of insurance shall make a special division of insurance maintenance assessment in each fiscal year against each life insurer licensed to do business in the commonwealth. This maintenance assessment shall be made proportionately against each such life …

Section 8K. (a) The commissioner of insurance shall implement and enforce applicable provisions of the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, as amended, any federal guidance or regulations relevant to the act, including 45…

Section 8L. In regard to any carrier licensed pursuant to chapters 175, 176A, 176B, 176E, 176F and 176G, the commissioner of insurance may implement and enforce: (i) the Patient Protection and Affordable Care Act, Public Law 111–148, as well as any rules, regulations or guidance …

Section 8M. (a) All carriers licensed under chapters 175, 176A, 176B and 176G that provide mental health or substance use disorder benefits, directly or through a behavioral health manager, as defined in section 1 of chapter 176O, or any other entity that manages or administers s…