Massachusetts Statutes

Section 3. (a) A long-term care insurance policy shall not: (i) be cancelled, nonrenewed or otherwise terminated on the grounds of the age or the deterioration of the mental or physical health of the insured individual or certificate holder; (ii) contain a provision establishing …

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 …

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…

Section 6. (a)(1) An individual shall not sell, solicit or negotiate long-term care insurance in the commonwealth unless the individual is licensed as an insurance producer for accident and sickness or life and has completed a 1–time training course. The training shall meet the r…

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…

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…

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 insur…

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. ''Insurance group'', for the purpose of conducting an own risk and solvency assessment, ins…

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 mai…

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 …

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 …

Section 5. (a) An insurer shall be exempt form the requirements of this chapter, if: (i) the insurer has an annual direct written and unaffiliated assumed premium, including an international direct and assumed premium, but excluding premiums reinsured with the Federal Crop Insura…

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)…

Section 7. (a) Documents, materials or other information, including the ORSA summary report, in the possession or control of the commissioner that are obtained by, created by or disclosed to the commissioner or any other person pursuant to this chapter, shall be proprietary and r…

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 penalt…

Section 9. The commissioner may, pursuant to chapter 30A, upon notice and opportunity for all interested parties to be heard, promulgate such rules, regulations and orders as shall be necessary to carry out this chapter.

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 insur…

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 co…

Section 3. The commissioner may, upon notice and opportunity for all interested persons to be heard, issue such rules, regulations and orders as shall be necessary to carry out the provisions of this chapter.

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 st…

Section 5. (a) Documents, materials or other information including the CGAD, in the possession or control of the division that are obtained by, created by or disclosed to the commissioner or any other person under this chapter shall be proprietary and recognized to contain trade …

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…

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 sha…

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 …

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…

Section 2. (a) Notwithstanding any general or special law to the contrary, the commissioner may approve dental benefit policies submitted to the division of insurance for the purpose of being provided to individuals and groups. These dental benefit policies shall be subject to th…

Section 3. (a) Each carrier shall submit an annual comprehensive financial statement to the division detailing carrier costs from the previous calendar year. The annual comprehensive financial statement shall include all of the information in this section and shall be itemized, w…

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 …

Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise: ''Carrier'', as defined in section 1 of chapter 176O. ''Center'', the center for health information and analysis established in chapter 12C. ''…

Section 2. (a) No person, business or other entity shall establish or operate as a pharmacy benefit manager without obtaining a license from the division pursuant to this section. A license may be granted only when the division is satisfied that the entity possesses the necessary…

Section 3. (a) The commissioner may make an examination of the affairs of a pharmacy benefit manager when the commissioner deems prudent but not less frequently than once every 3 years. The focus of the examination shall be to ensure that a pharmacy benefit manager is able to mee…

Section 4. (a) A pharmacy benefit manager shall not make payments to a pharmacy benefit consultant or broker whose services were obtained by a health benefit plan sponsor to work on the pharmacy benefit bidding or contracting process if the payment constitutes a conflict of inter…

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…

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.

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.

Section 12. If a proprietor fails to pay an assessment for six months after demand therefor by the collector or other proper officer, or after a notice of such assessment posted and published in the manner prescribed for the first meeting, the committee of the proprietors or othe…

Section 13. The proprietor of the share or part sold may, within one year after the sale, redeem it by paying to the purchaser or his assigns the purchase price with interest at the rate of twelve per cent a year from the time of the sale.

Section 14. If there are ten or more proprietors, they may, by vote of more than two thirds both in number and interest at a legal meeting, sell their estate and divide the proceeds thereof.

Section 15. After the final division of their common property, the proprietors may deposit their records with the clerk of the city or town where the land or any part of it lies; and the clerk may make and certify copies from the records as the clerk of the proprietors might have…

Section 16. A final division of the common property shall not dissolve the corporation until the expiration of ten years thereafter; but the proprietors at the time of the division and their heirs shall retain their corporate powers for the purpose of collecting all assessments, …

Section 17. The proprietors may, within ten years after such division, call and hold meetings and vote and raise money by assessments, as before provided, for the payment of their debts and all other charges and demands against them, and may do all other lawful acts necessary for…

Section 18. If several distinct lots or parcels of land are enclosed and fenced in one common field, or if all the proprietors of such lands agree so to enclose them, the proprietors, if not less than five, may, in the manner hereinafter provided, hold regular meetings for the pu…

Section 19. On application of two or more proprietors to a justice of the peace, he shall issue his warrant for a meeting, as provided in section one, which shall be called either in the manner prescribed in section two or by personal notice served on each proprietor fourteen day…

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 a…

Section 20. The proprietors may from time to time choose a clerk, three or more assessors, a collector and such other officers as they find to be necessary; each of whom shall continue in office until removed by the proprietors or until his successor is qualified. The clerk and a…

Section 21. They may choose one or more field drivers, who shall have and exercise the same powers with respect to the general fields as field drivers chosen by a town.