The following are Bulletins that the Massachusetts Division of Insurance has published for 2011. Click on the title of any one of the Bulletins to view the original document.
Issued to inform insurance companies issuing private passenger motor vehicle insurance policies of an RFR for a Pay-As-You-Drive (“PAYD”) Automobile Insurance Pilot Project in Massachusetts issued by the Massachusetts Department of Transportation (“MassDOT”) on January 21, 2011.
Bulletin 2011-02: Change to Format to File Certificates of Insurance Authorization Forms Under M.G.L. c. 90, sec. 34B and Terminations of Revocations of Such Authorization; Issued January 28, 2011.
This Bulletin amends and supersedes Bulletin 2009-05, which was issued on April 7, 2009 to amend the filing procedure and format for the submission to the Division of Insurance (“Division”) of evidences of authorization to sign motor vehicle registration certificates.
Issued to identify an event that is to be considered a qualifying event as described in Bulletin 2010-13 for eligible individuals to be able to obtain health coverage in the merged market outside statutory open enrollment periods. This event concerns individuals eligible for continuation coverage under M.G.L. c. 176J, § 9 (“Mini-COBRA”) or under the Consolidated Omnibus Budget Reconciliation Act of 1986 (“COBRA”) (collectively, “Continuation Coverage”).
Bulletin 2011-04: Exclusions for Losses Caused by “Acts of Terrorism” in Commercial Property Policies Issued Under M.G.L. c. 175, s.99
Issued to inform insurance companies writing commercial property policies pursuant to M.G.L. c. 175, § 99 that, pursuant to Chapter 462 of the Acts of 2010, An Act Relative to the Standard Fire Insurance Policy, insurers may exclude coverage for “loss by fire or other perils insured against if the fire or other perils insured against were caused directly or indirectly by an act of terrorism….”, as such “act of terrorism” is defined in the federal Terrorism Risk Insurance Act of 2002 (P.L. 107-297) (“TRIA”), as amended. These exclusions may remain in effect only until the expiration of the Terrorism Risk Insurance Program created by TRIA, or its successor. Chapter 462 of the Acts of 2010 is effective on April 14, 2011.
Issued to inform commercial health insurers, Blue Cross and Blue Shield of Massachusetts, Inc. and Health Maintenance Organizations (“Carriers”) that for any insured health products offered, issued or renewed in the small group market on and after July 1, 2011, any and all rate filings, including proposed rates or proposed changes to rating factors subject to M.G.L. c. 176J as amended by Chapter 288 of the Acts of 2010, shall be submitted to the Division for review no later than April 2, 2011 in accordance with the amended version of 211 CMR 66.00 Small Group Health Insurance, filed March 18, 2011 with the Secretary of the Commonwealth for promulgation and publication in the Massachusetts Register on April 1, 2011.
Issued to instruct commercial heath insurers, Blue Cross and Blue Shield of Massachusetts, Inc. and Health Maintenance Organizations (hereinafter “Carriers”) regarding the application of the limit on increases to group base premium rates for renewing individuals and small groups as established by the Commissioner of Insurance pursuant to SECTION 66 of Chapter 288 of the Acts of 2010 and 211 CMR 66.08(1)(c), effective April 1, 2011.
Issued to advise insurers and insurance producers that certificates of insurance are not the proper method by which to amend a policy, that amending such certificates of insurance may create an errors and omissions exposure, and that this activity may violate the Massachusetts insurance laws.
Issued to outline mandated coverage for the treatment of Autism Spectrum Disorders (“ASD”) pursuant to Chapter 207 of the Acts of 2010, which applies to fully insured health benefit plans issued or renewed by health insurance carriers on and after January 1, 2011.
Bulletin 2011-09: Filing Requirements and Procedures for Private Passenger Motor Vehicle and Homeowners Insurance Group Marketing Plans Pursuant to M.G.L. c. 175, s. 193R
Issued to inform insurers and insurance company groups (“insurance companies”) as well as insurance producers who sell or service private passenger motor vehicle or homeowners insurance policies about the filing requirements and procedures related to group marketing plans. This Bulletin replaces Bulletin 2007-13, which has been withdrawn. It provides guidance to prevent abuses in connection with the sale of private passenger motor vehicle and homeowners insurance policies through the use of group marketing plans, while preserving for consumers the potential benefits of this form of marketing.
Bulletin 2011-10: Implementation of Limited, Regional and Tiered Provider Network Plans under 211, CMR 152.00
Issued to instruct commercial health insurers, Blue Cross and Blue Shield of Massachusetts, Inc. and Health Maintenance Organizations (“Carriers”) regarding compliance with 211 CMR 152.00, Health Benefit Plans Using Limited, Regional or Tiered Networks for both new and existing health benefit plans using limited, regional or tiered provider networks. The Division has promulgated 211 CMR 152.00 pursuant to recent amendments to Massachusetts General Laws Chapter 176J, made by Chapters 288 and 359 of the Acts of 2010.
Bulletin 2011-11: Application Process and Timelines for Qualified Associations and Certified Group Purchasing Cooperatives Pursuant to 211 CMR 151.00
Issued to provide further guidance to interested parties regarding the process for applying to the Division to be a Qualified Association and/or a Certified Group Purchasing Cooperative (“Certified Cooperative”).
Bulletin 2011-12: Review of Continuing Education Compliance of Resident Insurance Producers Continuing Education Compliance Program
Issued to notify resident insurance producers licensed in Massachusetts of the Division’s review of their compliance with the Commonwealth’s continuing education (“CE”) requirements, and the Division’s implementation of a compliance program for those producers who are deficient in CE credits.
Bulletin 2011-13: Emergency Procedures Related to the June 1, 2011 Tornado and Storm Damage that Occurred in Massachusetts
Issued to offer guidance and recommendations regarding emergency procedures and recovery efforts in relation to the June 1, 2011 Tornado and Storm Damage in Central and Western Massachusetts.
Issued to provide guidance to insurance companies that solicit, negotiate, sell or renew motor vehicle insurance policies in Massachusetts about upcoming changes to required language in claims valuation provisions in motor vehicle insurance policies. This Bulletin applies to all motor vehicle insurance policies issued or renewed in Massachusetts on or after April 1, 2012.
Issued to notify insurance producers licensed in Massachusetts that the Massachusetts Division of Insurance (“Division”) is now using the National Insurance Producer Registry (“NIPR”) Attachments Warehouse for all NIPR renewing producers who need to submit documentation in response to questions on the producer license application. Producer licensees also may use the Attachments Warehouse to report administrative actions and criminal actions to all states.
Bulletin 2011-16: Procedures Related to Damage that Occurred in Berkshire, Franklin, Hampden and Hampshire Counties Due to Tropical Storm Irene
Issued to offer guidance and recommendations regarding emergency procedures and recovery efforts in September 2011 as a result of Tropical Storm Irene.
Bulletin 2011-17: Distribution of Consumer Guide to Limited, Regional and Tiered Provider Network Plans
Issued to provide commercial health insurers, Blue Cross and Blue Shield of Massachusetts, Inc. and Health Maintenance Organizations (“Carriers”) with the consumer guide on limited provider networks to be distributed to Massachusetts insureds when offering a limited, regional or tiered provider network plan, as required under 211 CMR 152.06(2)(b).
Attached please find a copy of the “ Massachusetts Bulletin for People with Medicare ” (the “Massachusetts Bulletin”). The Massachusetts Bulletin must be provided along with the “2012 Guide to Health Insurance for People with Medicare” to those people eligible for Medicare pursuant to Massachusetts regulations 211 CMR 42.09(4) and 211 CMR 71.13(2)(d)4
Issued to replace Bulletin 2010-13 (“Open Enrollment for Individuals”) and Bulletin 2011-03 (“Additional Qualifying Event for Enrollment of Individuals in Merged Market”) and to highlight recent amendments to Division Regulation 211 CMR 66.00 and Massachusetts General Laws Chapter 176J. M.G.L. c. 176J and 211 CMR 66.00 set forth the requirements for open enrollment in the merged market in Massachusetts.