Eligibility for Enrollment Waivers
Effective Sep 18, 2017Published Dec 4, 2015Mass. Register #1301MGL c. 6D, § 16 MGL c. 176JMassachusetts Health Policy Commission
- (1) An eligible individual may apply for an enrollment waiver within 30 calendar days of receipt of notice by a carrier in accordance with regulatory guidance issued by the Division of Insurance that such individual is not eligible to enroll in a health benefit plan outside of open enrollment pursuant to 211 CMR 66.00: Small Group Health Insurance, or pursuant to applicable federal law including the Patient Protection and Affordable Care Act, Public Law 111-148, and any rules, regulations or guidance issued thereunder.
(2) The following individuals are not eligible to apply for an enrollment waiver:
- (a) A person who does not meet the definition of "eligible individual" set forth in 958 CMR 4.020.
- (b) An individual who has not first applied to a carrier for enrollment in a health plan and been notified that he or she is not eligible to enroll outside of the open enrollment period.
- (3) The Office of Patient Protection is not required to review any request for an enrollment waiver that is received within 30 days of the next open enrollment period.