Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 41.00 - Nongroup Health Insurance Rate And Policy Form Filings, Review, And Hearing Procedures Under M.g.l. C.176m
Section 41.12 - Hearing Request for Disapproved Closed Guaranteed Issue Health Plan Rate Filing
Current through Register 1531, September 27, 2024
(1) A Carrier whose proposed rate for a Closed Guaranteed Issue Health Plan has been disapproved by the Commissioner pursuant to 211 CMR 41.11(6) may, within 21 days of the Commissioner's decision, submit a Hearing Request to the Division.
(2) Contents. The Hearing Request constitutes the Carrier's direct case in the Proceeding. The Hearing Request must consist of sequentially numbered pages, must use any format previously prescribed by the Presiding Officer or the Commissioner and must contain:
(3) Failure to Submit Complete Hearing Request. If within 21 days after the Commissioner's decision, a Carrier submits an incomplete Hearing Request, the Presiding Officer may, upon determining that the Carrier has attempted in good faith to comply with the requirements of 211 CMR 41.12(2), order the Carrier to supplement the Hearing Request in accordance with 211 CMR 41.12(4) and delay the effective date of filing of the Hearing Request for purposes of determining the date of the commencement of the Proceeding.
(4) Amendments to Hearing Request. No additions, amendments, or corrections may be allowed after the submission described in 211 CMR 41.12, except as permitted or ordered by the Presiding Officer.
(5) Supporting Information. The Presiding Officer may require a Carrier to furnish any data or information which he or she determines necessary or appropriate in connection with the submission of a Hearing Request.
(6) Rejection of Hearing Request. The Presiding Officer may, before issuance of a hearing notice, reject a Hearing Request if he or she determines that it does not comply with M.G.L. c. 176M or 211 CMR 41.00. A Carrier whose Hearing Request has been rejected may resubmit a Hearing Request with appropriate modifications within the time period determined by the Presiding Officer.