Code of Massachusetts Regulations
956 CMR - COMMONWEALTH HEALTH INSURANCE CONNECTOR AUTHORITY
Title 956 CMR 9.00 - Employer Surcharge For State Funded Health Costs
Section 9.05 - Collection of Surcharge
Current through Register 1531, September 27, 2024
(1) Notification of Surcharge Liability. The Connector will notify Employers subject to Surcharge at the end of each Fiscal Year. The Notice will contain the following information:
(2) If a State funded Employee is employed by more than one Non-providing Employer at the time State funded Health Services are delivered, the Connector will assess a prorated Surcharge to each Employer based on the best available data. If an individual is a Dependent of two State funded Employees, the Connector will assess a prorated Surcharge to each Employer.
(3) Review. An Employer may challenge the Connector's determination only if it can document either that an individual identified as a State funded Employee was not its Employee or Dependent of one of its Employees; or that the Employer is not a Non-providing Employer.
(4) Penalties for nonpayment or late payment by the Non-providing Employer, including assessment of interest on the unpaid liability at a rate not to exceed an annual percentage rate of 18% and late fees or penalties at a rate not to exceed 5% per month.
(5) In the case of a transfer of ownership, a Non-providing Employer's surcharge liability shall be assumed by the successor in interest to the Non-providing Employer.
(6) All surcharge payments made under 956 CMR 9.05 shall be deposited into the Commonwealth Care Trust Fund, established by M.G.L. c. 29, § 2OOO.