Massachusetts General Laws
Chapter 15a - Public Education
Section 18 - Qualifying Student Health Insurance Programs; Participation; Compliance Procedures Report; Penalties for Noncompliance

Section 18. Every full-time and part-time student enrolled in a public or independent institution of higher learning located in the commonwealth shall participate in a qualifying student health insurance program. For the purposes of this section, ''part-time student'' shall mean a student participating in at least 75 per cent of the full-time curriculum. Such an institution may allow students to waive participation in its student health insurance program or any part thereof; provided, however, that such an institution shall require students waiving participation to certify in writing prior to any academic year in which the student will not participate in the institution's plan that such student is a participant in a health insurance program providing comparable coverage; and provided further, that such institution shall allow students to waive participation in its student health insurance program if the student is currently enrolled in MassHealth, the student continues to meet all relevant MassHealth eligibility criteria under state and federal law and: (i) the student has been enrolled in MassHealth for at least 1 year prior to becoming eligible for the institution's student health insurance program or (ii) the student has been enrolled in MassHealth for at least 6 months and the student provides documentation, as required by the commonwealth health insurance connector in consultation with MassHealth, that participation in the qualifying student health insurance program would be financially prohibitive.
Each public and independent institution of higher education shall submit an annual report to the commonwealth health insurance connector detailing its procedures for complying with the provisions of this section; provided, however, that prior to the implementation of this section the division of health care finance and policy and the council shall submit a report to the house and senate committees on ways and means. Such a report shall include, but not be limited to, an analysis of the number of students lacking health insurance, the costs of the requirements of this section to the students and the public and independent institutions of higher education, and a proposed method for meeting such costs.
Any public or independent institution of higher learning failing to carry out its responsibilities under this section shall pay a penalty per student for every day during which the failure continues, equal to the penalty per employee per day imposed upon noncomplying employers by subsection (i) of section fourteen G of chapter one hundred and fifty-one A. Any penalties collected pursuant to this section shall be deposited in the public responsibility account of the medical security trust fund established by chapter one hundred and eighteen F. Any institution which, in accordance with regulations promulgated pursuant to this section, relies in good faith on statements by students relative to their health insurance status shall not be liable for any penalty or for failure to comply with the provisions of this section caused by misstatements of such students.
The commonwealth health insurance connector, with the advice and consent of the council, shall issue regulations to define qualifying student health insurance programs, to establish procedures to monitor compliance, and to implement the provisions of this section.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title II - Executive and Administrative Officers of the Commonwealth

Chapter 15a - Public Education

Section 1 - Policy and Goals

Section 3a - Statewide Educational Technology Plan; Goals; Development and Implementation

Section 4 - Board of Higher Education; Membership

Section 5 - Public Institutions of Higher Education System

Section 5a - Governor Foster Furcolo Community Colleges

Section 6 - Department of Higher Education; Commissioner; Other Employees; Appointments; Salaries; Powers and Duties

Section 7 - Mission Statements; Development, Approval and Adoption

Section 7a - Board of Higher Education; Performance Measurement System

Section 9 - Powers and Duties of Council

Section 9a - American Sign Language

Section 9b - Needs-Based Financial Assistance Program; Scholarships; Guidelines

Section 10 - Definitions

Section 11 - Council Actions Permitted to Aid and Contribute to Performances of Educational and Other Purposes of Community Colleges

Section 12 - Council Actions Permitted to Provide for Hefa Expenses and for Payments of Indebtedness Incurred on Behalf of Community Colleges or Affiliates

Section 13 - Hefa; Sale or Lease of Buildings, Lands or Other Property; Proceeds

Section 14 - Powers Under Secs. 11 and 12 Exercised on Behalf of University of Massachusetts and Affiliates

Section 15 - Estimate of Ordinary Maintenance and Revenues; Capital Outlay Requests; Allocation of Appropriations

Section 15b - Budget Cycle; Preparation and Submission of Budget Requests; Comments and Recommendations

Section 15c - Expenditures and Revenues; Management and Accounting Reporting System

Section 15d - Personnel Administrative Reporting and Information System

Section 15e - Public Higher Education Endowment Incentive and Capital Outlay Contribution Program; Matching Formula; Termination of Program

Section 15f - Community College Workforce Training Incentive Program

Section 15g - Stackable Credentials

Section 16 - Scholarship Programs; Guidelines

Section 17 - Teaching Learning Corps Program

Section 18 - Qualifying Student Health Insurance Programs; Participation; Compliance Procedures Report; Penalties for Noncompliance

Section 19 - Tuition and Fee Waiver Program; Guidelines; Annual Report

Section 191/2 - Tuition, Fees and Room and Board Waiver for Surviving Child of Parent Who Died as a Result of Injuries Sustained During Active and Full-Time Military Service While Outside the United States

Section 19a - Student Loan Repayment Program; Guidelines; Expenses for Administration

Section 19b - Teacher Signing Bonus Program; Regulations

Section 19c - Master Teacher Corps Program; Regulations

Section 19d - Scholarship Program Known as Tomorrow's Teachers Program; Guidelines

Section 19e - Principal and Superintendent Recruitment Program

Section 20 - Educational Opportunities Information Center

Section 21 - Board of Trustees for Sec. 5 Institutions; Membership; Qualifications; Tenure; Vacancies

Section 22 - Board of Trustees of Community Colleges or State Universities; Powers and Duties

Section 22a - Reggie Lewis Track and Athletic Center; Establishment; Powers and Duties of Board

Section 23 - Board of Trustees; Estimate for Institution's Ordinary Maintenance and Revenues

Section 24 - Board of Trustees; Authorized Purchases

Section 24a - Cooperative Purchasing; Massachusetts Higher Education Consortium

Section 25 - Refusal to Elect and Contract With Blind Teaching Candidates

Section 26 - Summer Sessions; Evening Classes

Section 27 - Dormitories; Nonsmoking Rooms; Rules and Regulations

Section 28 - Establishment and Maintenance of Bank Branch on Grounds of Public Higher Education Institutions

Section 29 - Definitions; Use of Student Fee Funds for Legislative Agents' Costs

Section 31 - Administrative Expenses; Determination of Qualifying Expenditures

Section 32 - Student Assessment System

Section 33 - Report Assessing Overall Faculty Productivity and Teacher Effectiveness

Section 34 - Benchmark Study of Public Higher Education System

Section 35 - Professional Development Schools Grant Program

Section 36 - Public Schools' Eligibility for Funds Through Professional Development Schools Grant Program

Section 37 - Foundations Created for Public Institutions of Higher Education; Governing Boards; Annual Reports; Audits

Section 38 - Military Recruiters; On-Campus Recruiting

Section 39 - Secondary Education Students Qualified to Enroll in Higher Education Institutions

Section 40 - Optional Retirement System; Providers; Regulations; Participation; Funds

Section 41 - Fees for Approval of Articles or Certificates; Revenue

Section 42 - Award of Academic Credit for Student's Military Occupation, Training, Coursework and Experience; Educational Credit for Exams Funded Through Department of Defense

Section 43 - Immunity From Academic or Financial Penalties for Postsecondary Students Performing Military Service on Behalf of the United States

Section 44 - Readmission Protections, Privileges and Immunities for Members of Armed Forces Attending Educational Institutions Within the Commonwealth; Calculation of Cumulative Length of Absence; Exemption From Academic or Financial Penalty

Section 45 - Establishment and Implementation of Comprehensive Training Program