Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 148.00 - Registration And Reporting Requirements For Third-party Administrators
Section 148.04 - Annual Reporting Requirements
Current through Register 1531, September 27, 2024
(1) All Third-party Administrators, as a condition of registration, shall submit an annual report to the Division in a form approved by the Commissioner, no later than April 1st of each year, for the year ended December 31st immediately preceding which shall include; or in the following alternative, as authorized by the Commissioner, the Division may obtain certain annual reporting information regarding the Third-party Administrator's Self-insured Customers from an alternate source.
Third-party Administrators may notify the Division on or before April 1st of any year regarding the Third-party Administrator's customer accounts that had fewer than 100 members who were Massachusetts residents as of December 31st of the previous year. Third-party Administrators that provide the Division with information regarding numbers of members in such customer accounts shall be exempt from reporting under 211 CMR 148.04(1) for those customer accounts for so long as such Massachusetts membership remains below 100 members in those customer accounts.
(2) Annual reports submitted by Third-party Administrators shall be certified by at least two officers of the Third-party Administrator.
(3) All information submitted to the Division in the annual report shall be a public record.
(4) If a Third-party Administrator contracts with another Third-party Administrator to provide services on behalf of a Self-insured Customer, such information shall be included in the annual report for Third-party Administrator that contracts with the Self-insured Customer.
(5) If a Third-party Administrator is unable to provide any of the required information set forth in 211 CMR 148.04 in the annual report and the Commissioner has not authorized the Division to obtain the information from an alternate source, the Third-party Administrator shall provide a detailed explanation, within the annual report, of the reason(s) that such required information is not available.
(6) Any Third-party Administrator which is required to submit an annual report and which fails to submit the annual report to the Division in the form and within the time provided shall be subject to a late penalty of not more than $100 per day.
(7) Any Third-party Administrator which also is a Health Insurer that is required to submit an Annual Comprehensive Financial Statement to the Division in accordance with M.G.L. c. 176O, § 21(a) and 211 CMR 149.00: Annual Comprehensive Financial Statements Pursuant to M.G.L. c. 176O, § 21 shall be exempt from the annual reporting requirements set forth in 211 CMR 148.04.
(8) Any Third-party Administrator which receives or collects charges, contributions or premiums for, or adjusts or settles claims on or for residents of the Commonwealth on behalf of a Health Insurer that itself is required to submit an Annual Comprehensive Financial Statement to the Division in accordance with M.G.L. c. 176O, § 21(a) and 211 CMR 149.00: Annual Comprehensive Financial Statements Pursuant to M.G.L. c. 176O, § 21 shall be exempt from the annual reporting requirements set forth in 211 CMR 148.04 for those services that the Third-party Administrator provides on behalf of the Health Insurer.