956 CMR, § 9.06 - Other Provisions

(1) No Employer shall discriminate against any Employee on the basis of the Employee's receipt of free care, the Employee's reporting or disclosure of his Employer's identity and other information about the Employer, the Employee's completion of a Health Insurance Responsibility Disclosure form, or any facts or circumstances relating to "free rider" surcharges assessed against the Employer in relation to the Employee. Violation of 956 CMR 9.06(1) shall constitute a per se violation of M.G.L. c. 93A.

(2) Reporting Requirements. Each Employer shall file or make available information which is required or which the Connector deems reasonably necessary for calculating and collecting the Employer Surcharge.

(3) Notice Requirements. An acute hospital or community health center will include a notice in all written Collection Actions that the Connector may provide information about state funded services to Employers and that Employers may be liable for services Employees receive.

(4) Penalties. If an Employer fails to file any data, statistics or schedules or other information required under 956 CMR 9.00 or by any regulation promulgated by the Connector, the Connector shall provide written notice of the required information. If the Employer fails to provide information within two weeks of receipt of said notice, or if it falsifies the same, it shall be subject to a civil penalty of not more than $5,000 for each week on which such violation occurs or continues, which penalty may be assessed in an action brought on behalf of the commonwealth in any court of competent jurisdiction.

(5) Administrative Information Bulletins. The Connector may issue administrative information bulletins to clarify policies, update administrative requirements and specify information and documentation necessary to implement 956 CMR 9.00.

(6) Severability. The provisions of 956 CMR 9.00 are severable. If any provision or the application of any provision is held to be invalid or unconstitutional, such invalidity shall not be construed to affect the validity or constitutionality of any remaining provisions of 956 CMR 9.00 or the application of such provisions.

Notes

956 CMR, § 9.06