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
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 15a - Public Education
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 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 13 - Hefa; Sale or Lease of Buildings, Lands or Other Property; Proceeds
Section 15c - Expenditures and Revenues; Management and Accounting Reporting System
Section 15d - Personnel Administrative Reporting and Information System
Section 15f - Community College Workforce Training Incentive Program
Section 15g - Stackable Credentials
Section 16 - Scholarship Programs; Guidelines
Section 17 - Teaching Learning Corps Program
Section 19 - Tuition and Fee Waiver Program; Guidelines; Annual Report
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 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 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 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 45 - Establishment and Implementation of Comprehensive Training Program