Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 67.00 - Workers' Compensation Self-insurance Groups
Section 67.03 - General Provisions

(1) A workers' compensation self-insurance group shall not be considered to be an insurance company and shall not be subject to the provisions of M.G.L. c. 175 or any regulations thereunder except as otherwise provided in M.G.L. c. 152 or 211 CMR 67.00.

(2) A workers' compensation self-insurance group shall be subject to all provisions of M.G.L. c. 152 and all regulations promulgated thereunder governing the conduct of insurance companies with respect to the payment of workers' compensation benefits, and shall be subject to all fees, fines, penalties and assessments levied upon insurance companies for failure to comply with the claim procedures of M.G.L. c. 152 and any regulations promulgated thereunder, and shall be considered to be self-insurers for the purposes of M.G.L. c. 176D.

(3) A group shall appoint the Commissioner as its attorney to receive service of legal process issued against it in the Commonwealth, in accordance with the provisions of M.G.L. c. 175, § 151, Clause Third. The appointment shall be irrevocable, shall bind any successor in interest and shall remain in effect as long as there remain any obligations or liabilities of the group for workers' compensation benefits.

(4) At least 70% of the members of a group shall be experience rated pursuant to the Experience Rating Plan filed with the Worker's Compensation Rating and Inspection Bureau of Massachusetts (WCRIB), and approved by the Commissioner.

(5) No group may have less than $250,000 of annual gross premium nor a combined provable net worth of all its members of less than $1,000,000.

(6) The principal office of the group shall be located in the Commonwealth.