A Work in Progress: July 1 Requirements of The Massachusetts Health Care Reform Act

Just over one year ago, then Massachusetts Governor Mitt Romney signed into law a novel health care reform act, the Act Providing Access to Affordable, Quality, Accountable Health Care (the AQAHC). Twice the subject of technical amendments, the AQAHC seeks to create a “culture of insurance” in which individuals, employers and insurers all shoulder the burden of health care coverage. However, as the clock ticks down to the effective date of July 1, 2007 for certain employer and insurer mandates, the AQAHC remains very much a work in progress, often lacking in clear regulatory guidance on critical provisions.

Recently, the newly created Commonwealth Connector (the Connector) and the Division of Unemployment Assistance (DUA) issued regulations relating to the AQAHC employer mandates. The Division of Health Care Finance & Policy (DHCFP) has withdrawn two of the three AQAHC regulations it promulgated, with re-issuance of the two as emergency regulations anticipated shortly before July 1. The Division of Insurance has issued two guidances.

This Management Alert summarizes imminently effective employer and insurer mandates and the new regulatory landscape.