Massachusetts General Laws
Chapter 26 - Department of Banking and Insurance
Section 8i - Medical Malpractice Analysis Bureau; Duties; Appointments; Assessments

Section 8I. There shall be established within the division a medical malpractice analysis bureau which shall analyze and collect data and advise the commissioner on requests filed by a medical malpractice insurer licensed, admitted, authorized or approved by the commissioner for changes in risk classifications, premiums, rates and such other matters as may be reviewed or approved by the commissioner. Said bureau may employ at least the following persons: an actuary, an attorney, a person with expertise in the area of health care systems and policies, two senior actuarial assistants and such secretarial and clerical assistance as may be necessary to carry out the purposes of this section. The commissioner shall appoint all employees of said bureau who shall be exempt from the provisions of section nine A of chapter thirty and chapter thirty-one and shall serve at the pleasure of the commissioner.
The commissioner is hereby authorized to make and collect an assessment against medical malpractice insurers licensed, admitted, authorized or approved by the commissioner to pay for the expenses of said bureau. Said assessment shall be made at a rate sufficient to produce five hundred thousand dollars annually. In addition to said amount, the assessment shall also include an amount, to be credited to the General Fund, equal to the total amount of funds estimated by the secretary for administration and finance to be expended from the General Fund for indirect and fringe benefit costs attributable to the personnel costs of said bureau; provided, however, that if the commissioner shall fail to expend for the costs and expenses of said bureau in any fiscal year the total amount of five hundred thousand dollars for the purposes set forth in this section, any amount unexpended in such fiscal year shall be credited against the assessment to be made in the following year, and the assessment in the following year shall be reduced by such unexpended amount. The assessment shall be allocated on a fair and reasonable basis among all medical malpractice insurers licensed, admitted, authorized or approved by the commissioner. The funds produced by said assessments shall be expended by the division, in addition to any other funds which may be appropriated, to assist in defraying the general operating expenses of said bureau, and may be used to compensate consultants retained by said bureau. A medical malpractice insurer licensed, admitted, authorized or approved by the commissioner shall pay the amount so assessed against it within thirty days after the date of the notice of assessment from the commissioner. For the purposes of this section, the term medical malpractice insurer shall mean a medical malpractice insurer as defined in section one hundred and ninety-three U of chapter one hundred and seventy-five.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title II - Executive and Administrative Officers of the Commonwealth

Chapter 26 - Department of Banking and Insurance

Section 2 - Commissioner of Banks

Section 3 - Deputy Commissioner of Banks; Deputy Commissioner and General Counsel; Assistants; Expenses; Bonds

Section 3a - Consumer Assistance Unit

Section 4 - Supervisor of Loan Agencies

Section 5 - Board of Bank Incorporation

Section 5a - Small Loans Regulatory Board

Section 6 - Commissioner of Insurance

Section 7 - Deputies and Assistants in Division of Insurance; Appointments; Duties; Hearings; Appeals to Commissioner

Section 7a - Health Care Access Bureau; Duties; Employees; Assessment Against Carriers

Section 7b - Interdepartmental Service Agreement With Department of Revenue; Limitations on Transfer of Personal Information; Impact of Violations Upon Licensing of Entities to Provide Health Coverage

Section 8a - Board of Appeal on Motor Vehicle Liability Policies and Bonds

Section 8b - Fraudulent Claims Board; Establishment; Membership; Investigative Powers; Accident Reports; Chief of Accident Claims Investigations; Apportionment of Costs; Penalty

Section 8c - Assessments Against Licensed Insurers

Section 8d - Certification and Collection of Assessment

Section 8e - Rating Bureau; Investigations; Assessments; Employees; Medical Malpractice Liability Insurance

Section 8f - Assessments by Insurance Companies; Amount; Annual Estimates of Earned Car Years

Section 8g - Auto Damage Appraiser Licensing Board; Appraisers; Licensing; Damage Reports; Seal

Section 8h - Assessments; Domestic Insurers; Actuary and Assistant Actuary; Identification of Medical Assistance Recipients

Section 8i - Medical Malpractice Analysis Bureau; Duties; Appointments; Assessments

Section 8j - Maintenance Assessment Against Life Insurers

Section 8k - Enforcement of Federal Mental Health Parity and Addiction Equity Act, Section 511 of Public Law 110–343, and Applicable State Mental Health Parity Laws

Section 8l - Implementation and Enforcement of Patient Protection and Affordable Care Act and Women's Health and Cancer Rights Act of 1998 Regarding Licensed Carriers Pursuant to Chapters 175, 176a, 176b, 176e, 176f and 176g