Code of Massachusetts Regulations
956 CMR - COMMONWEALTH HEALTH INSURANCE CONNECTOR AUTHORITY
Title 956 CMR 8.00 - Student Health Insurance Program
Section 8.05 - Waiver of Participation Due to Comparable Coverage
Universal Citation: 956 MA Code of Regs 956.8
Current through Register 1531, September 27, 2024
(1) Election of Waiver of Participation. A School may elect to allow full-time and part-time Students to waive participation in their School's Student Health Insurance Program. Schools electing to allow waivers must:
(a) clearly communicate to their Students
information regarding the waiver process, the manner by which a Student may
request and obtain a waiver, and the deadlines associated with the waiver
process.
(b) require Students
waiving participation to certify, in writing, at least annually, as part of the
School's usual registration process that they are participating in a Health
Benefit Plan with comparable coverage pursuant to 956 CMR 8.05(3).
(2) Comparable Coverage.
(a) Coverage under a
Health Benefit Plan is comparable if:
1. the
Health Benefit Plan provides to the Student throughout the School Year
reasonably comprehensive coverage of health services, including preventive and
primary care, Emergency Services, surgical services, hospitalization benefits,
ambulatory patient services, mental health services, and prescription drugs;
and
2. the services covered under
the Health Benefit Plan, including all services listed in 956 CMR 8.05(2)(a)1.,
are reasonably accessible to the Student in the area where the Student attends
School.
(b) School
permitting Students to waive participation in its Student Health Insurance
Program in accordance with 956 CMR 8.05(1) must waive participation for
Students enrolled in a subsidized Health Benefit Plan through the Connector or
enrolled in MassHealth., with the exception of those MassHealth programs
identified in 956 CMR 8.05(2)(c)1.
(c) A School may not waive participation for:
1. Students determined to be receiving
services paid for by the Health Safety Net or Students enrolled in MassHealth
Limited or the Children's Medical Security Program;
2. Students with coverage from insurance
Carriers outside the U.S. and coverage by foreign National Health Service
programs, unless the Student is studying in a foreign country and the Student's
insurance provides coverage in that location; and
3. Students with a Health Benefit Plan that
provides coverage through a closed network of providers, not reasonably
accessible in the area where the Student attends School, for all but Emergency
Services.
(d) A School
may establish additional criteria for plans to be considered comparable so long
as the as the minimum requirements of 956 CMR 8.05(2)(a) are
satisfied.
(e) It is the
responsibility of the Student seeking to waive participation in his or her
School's Student Health Insurance Program - not the School in which the Student
is enrolled - to determine whether the Student's Health Benefit Plan has
comparable coverage as defined in 956 CMR 8.05(2).
(3) Written Waiver Request.
(a) A School electing to
allow Students to waive participation in the School's Student Health Insurance
Program, or such School's designated representative, must obtain, from each
Student, a written waiver request. The waiver request must be on a form
supplied by the School, and may be supplied to Students, as well as submitted,
electronically. Schools may also administer a waiver request through an online
process. The waiver request must contain, at a minimum, the following
information:
1. the name of the entity
offering the Health Benefit Plan;
2. the policy or other number used to
identify the Student's participation in the Health Benefit Plan;
3. the subscriber or primary enrollee in the
Health Benefit Plan and the relationship of that person to the
Student;
4. a statement certifying
that the coverage under the Health Benefit Plan is comparable to coverage under
the School's Student Health Insurance Program and that the Student understands
that once a waiver request is submitted, the Student will be responsible for
his or her medical expenses, and that neither the School nor the Student Health
Insurance Program will be responsible for those expenses; and
5. a signature of the Student and the
Student's parent or guardian if the Student is a minor. A School may accept
electronic waiver forms and electronic signatures.
(b) A School has no affirmative obligation to
compare coverage of the two plans. If a School relies in good faith on the
statements by a Student that the coverage is comparable, the School is not
liable for any penalty or for any failure to comply with a provision of
956 CMR 8.00 caused by any
misstatement by the Student. A School must not accept a Student's waiver
request, however, if it knows that the Student's statement is inaccurate or if
the Student's coverage cannot be verified. If a School does not accept a
Student's waiver request, the Student must participate in their School's
Student Health Insurance Program.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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