211 CMR 90.03 - Applicability

Current through Register 1466, April 1, 2022

Except as provided below, 211 CMR 90.00 applies to all legal services plans established, operated, or sold in Massachusetts. No legal services plan benefits may be offered for sale unless the plan of operation, the benefit contracts, and the rates have been approved by the Commissioner of Insurance.

211 CMR 90.00 does not apply to:

(1) An automobile club providing legal fee reimbursement services in conformity with M.G.L. c. 174B.

(2) A labor organization providing legal services to its members and their dependents.

(3) A corporation formed under M.G.L. c. 180 providing legal services that do not exceed a limited amount of consultation and advise either alone or in combination with referral services.

(4) An employee organization or employer which sponsors or co-sponsors an employee benefit welfare plan subject to the provisions of the Employee Retirement Income Security Act of 1974. This exemption does not apply to an insurance company associated with a plan under which benefits of prepaid legal services are provided in whole or in part through the purchase of insurance.

(5) A program of student-supported legal services established pursuant to M.G.L. c. 175. An organization relying on one or more of the above exemptions must file a statement with the Commissioner which demonstrates that it qualifies for the exemption or exemptions.

Notes

211 CMR 90.03