Massachusetts General Laws
Chapter 176o - Health Insurance Consumer Protections
Section 3 - Complaints Against Carriers; Notice; Hearing

Section 3. (a) The bureau shall investigate all complaints made against a carrier or any entity with which it contracts for allegations of noncompliance with the accreditation requirements established by section 2. The bureau shall notify a carrier when, in the opinion of the bureau, the complaints made against such a carrier indicate a pattern of noncompliance with a particular accreditation requirement. The notice shall detail the alleged noncompliance and establish a hearing date for the matter, which shall be held no later than 21 days after the date of the notice. The hearing shall be conducted pursuant to chapter 30A. The hearing shall provide such a carrier with the opportunity to respond to the alleged noncompliance.
(b) The bureau may, after said hearing, suspend or revoke the accreditation of such a carrier, or reprimand, censure or impose a civil administrative penalty not to exceed $10,000 for each classification of violation.
(c) If, after said hearing, the bureau determines that such a pattern of noncompliance has been substantiated, the bureau may issue an order requesting a corrective action plan and timeframe to achieve compliance.
(d) If a national accreditation organization takes any action to revoke the accreditation or otherwise limit or negatively affect the accreditation status of a carrier, or any entity with which it contracts for services regulated under this chapter, such carrier shall promptly notify the bureau. If a national accreditation entity revokes such accreditation, the carrier shall not be eligible for deemed accreditation status, and the bureau shall initiate proceedings pursuant to chapter 30A to revoke or suspend the carrier's accreditation.
(e) Nothing in this section shall be construed to prohibit the bureau and a carrier from resolving compliance issues through informal means.
(f) Accreditation granted to carriers pursuant to this section shall be renewed every 2 years. The fee for the renewal shall be in an amount determined by the commissioner, but shall not be less than $1,000.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XXII - Corporations

Chapter 176o - Health Insurance Consumer Protections

Section 1 - Definitions

Section 2 - Bureau of Managed Care

Section 3 - Complaints Against Carriers; Notice; Hearing

Section 4 - Refusal of Carriers to Contract With Eligible Health, Dental or Vision Care Providers Solely Because Providers Have Practiced Good Faith Advocacy on Behalf of Patients

Section 5 - Contracts; Liability

Section 5a - Acceptance and Recognition of Information Submitted Pursuant to Current Coding Standards and Guidelines Required; Use of Standardized Claim Formats

Section 5b - Policies and Procedures to Enforce Sec. 5a

Section 5c - Failure of Carrier to Comply With Coding Standards and Guidelines; Notice; Penalty

Section 6 - Evidence of Coverage to Be Delivered to Covered Adults by Health, Dental and Vision Care Providers; Contents

Section 7 - Information Provided by Carrier Upon Enrollment or Upon Request

Section 8 - Failure by Carrier to File Annual Statement; Fine

Section 9 - Utilization Review Programs; Annual Attestations

Section 9a - Agreements or Contracts Between Carrier and Health Care Provider Prohibited if Containing Certain Provisions

Section 9b - Alternate Payment Arrangements Involving Downside Risk Prohibited Without Risk Certificate

Section 10 - Contractual Financial Incentive Plans

Section 11 - Rights of Health Benefit Plans to Include as Providers Religious Non-Medical Providers

Section 12 - Utilization Review

Section 13 - Formal Internal Grievance Process; Expedited Resolution Policy

Section 14 - Review Panel; Patient Protection Office

Section 15 - Disenrollment of Provider; Continuation of Treatment; Specialty Health Care Coverage

Section 16 - Clinical Decisions Regarding Medical Treatment Made by Treating Physicians; Payment for Health Care Services Ordered by Treating Physician or Primary Care Provider

Section 17 - Regulations; Promulgation

Section 18 - Responsibility of Carrier for Behavioral Health Services Compliance

Section 19 - Display of Name and Telephone Number of Health Service Manager on Enrollment Cards of Carrier

Section 20 - Information Provided to Insured Adults by Behavioral Health Manager; Submission of Material Changes; Workers' Compensation; Preferred Provider Arrangements

Section 21 - Submission by Carrier of Annual Comprehensive Financial Statement

Section 22 - Participation in Medical Assistance Program as Condition for Participation in Carrier's Provider Network

Section 23 - Disclosure by Carrier Upon Request for Network Status of Health Care Provider and Estimated or Maximum Allowed Amount or Charge for a Proposed Admission, Procedure or Service and Amount Insured Responsible to Pay; Establishment of Toll-F...

Section 24 - Internal Appeals Processes for Risk-Bearing Provider Organizations; Patient's Right to Third-Party Advocate; External Review Process

Section 25 - Use and Acceptance of Specifically Designated Prior Authorization Forms

Section 26 - Establishment of Standardized Processes and Procedures for the Determination of Patient's Health Benefit Plan Eligibility at or Prior to Time of Service

Section 27 - Development and Use of Common Summary of Payments Form; Implementation of Education Plan

Section 28 - Provider Directories; Contents; Audits; Print Copies; Customer Service Contact Information; Accommodations; Accuracy; Updates

Section 29 - Health Care Provider Credentialing