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 41.13 - General Provisions Governing Rate Proceedings

(1) Filings. All papers relating to a Proceeding must be timely filed with the Docket Clerk, Hearings and Appeals, at the Division's principal office during business hours. For filings of papers other than Hearing Requests or Responsive Filings, an original and one copy must be filed unless otherwise provided by the Presiding Officer. Concurrently with filing papers, a Party shall serve a copy of the papers on all Parties to the Proceeding by hand delivery, facsimile transmission or electronic mail transmission promptly followed by first - class postage pre-paid mail delivery, unless otherwise permitted by the Presiding Officer. Failure to comply with 211 CMR 41.13(1) will be grounds for refusal by the Presiding Officer to accept papers for filing.

(2) Copies of Hearing Requests, Responsive Filings and Revised Rate Filings. Six copies of all Hearing Requests, Responsive Filings and Revised Rate Filings must be submitted, unless the Presiding Officer directs otherwise. Copies of text and data included in the filings also must be submitted by electronic means in a format determined by the Presiding Officer. Concurrently with filing, the Carrier or Intervenor shall serve a copy to all other Parties, and shall serve a copy on any person subsequently permitted to intervene in the Proceeding within two days after issuance of an order granting the person permission to intervene.

(3) Timely Filing. Papers in a Proceeding must be filed within the specified time limits. The date of filing will be determined as follows:

(4) Computation of Time. Computation of any time period referred to in 211 CMR 41.00 begins with the first day after the date of the initiating act. The last day of the period so computed is included unless it is a day when the Division's principal office is closed, in which case the period runs until the end of the next business day. When the period is five days or fewer, Saturdays, Sundays and legal holidays are excluded from the computation.

(5) Extensions of Time. The Presiding Officer has the discretion to extend for good cause any time limit prescribed or allowed by 211 CMR 41.00. All requests for extensions of time must be made by motion before the expiration of the period originally prescribed or previously extended.

(6) Signatures. All papers must be signed by the filing Party or its counsel or authorized representative.

(7) Notice of Appointment of Counsel or other Representative and Appearances. Other than the State Rating Bureau, each Party to a Proceeding shall enter an appearance by filing and serving a notice which contains the name, address and telephone number of the Party's counsel or authorized representative. All papers served on a Party must be given to the counsel or representative named in that Party's notice.

(8) Notices for Hearings on a Hearing Request. At least 21 days before the scheduled date of the Hearing on a Hearing Request, the Carrier shall publish the hearing notice issued by the Commissioner in newspapers of general circulation in Boston, Brockton, Fall River, Lowell, New Bedford, Pittsfield, Springfield and Worcester; provided that a Carrier shall not be required to publish notice in those cities and towns, other than Boston, that are not included in the service area of the Guaranteed Issue Preferred Provider Plan or Guaranteed Issue Managed Care Plan whose rate is the subject of the Hearing Request. Concurrently with publication of the hearing notice, the Carrier shall give notice to the State Rating Bureau and to all Statutory Intervenors. The Carrier shall file proof of publication within 21 days of publication of the hearing notice. The Presiding Officer may require additional evidence of compliance with 211 CMR 41.13(8).