Massachusetts General Laws

Mass. Gen. Laws ch. 176G, § 16 (2026)

Contracts, rates, evidence of coverage; disapproval of commissioner

✓ current as of July 2026
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Section 16. The subscriber contracts, rates and evidence of coverage shall be subject to the disapproval of the commissioner. No such contracts shall be approved if the benefits provided therein are unreasonable in relation to the rate charged, nor if the rates are excessive, inadequate or unfairly discriminatory. For the purposes of the review of rates of payment under this section, whether a contract is not excessive shall include considerations of affordability for consumers and purchasers of health insurance products; provided, however, that such review shall adhere to principles of solvency and actuarial soundness. Classifications shall be fair and reasonable.

To the extent that this chapter is inconsistent with the provisions of chapter one hundred and seventy-six K, and any regulations promulgated thereunder, medicare supplement insurance plans as defined in said chapter one hundred and seventy-six K shall be subject to the provisions of said chapter one hundred and seventy-six K.

To the extent that this section is inconsistent with the provisions of chapter one hundred and seventy-six M and any regulations promulgated thereunder, any nongroup health maintenance contract that is within the definition of a guaranteed issue health plan in said chapter one hundred and seventy-six M shall be governed by the provisions of said chapter one hundred and seventy-six M and any regulations promulgated thereunder.

Notes of Decisions
Cited in 3 cases, 1981–2010 · leading case: Massachusetts Ass'n of Health Plans v. Murphy, 27 Mass. L. Rptr. 68 (Mass. Super. Ct. 2010).
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Massachusetts Ass'n of Health Plans v. Murphy, 27 Mass. L. Rptr. 68 (Mass. Super. Ct. 2010). · cites it 5× “Premiums, or rates, to be charged by HMOs to consumers, including the merged market, are governed by G.L.c. 176G, §16, which reads, in pertinent part, as follows: The subscriber contracts, rates and evidence of coverage shall be subject to the disapproval of the commissioner.”
Baystate Med. Ctr. v. Blue Cross of Massachusetts, Inc., 382 Mass. 485 (Mass. 1981). “” G. L. c. 176G, § 16. However, there is no regulation in c.”
Massachusetts Ass'n of Health Plans v. Murphy, 27 Mass. L. Rptr. 77 (Mass. Super. Ct. 2010). “Submissions are subject to the Commissioner's disapproval if the benefits and rates do not meet the requirements of M.G.L.c. 176G, §16.” It is consistent with the language of the statute to conclude, as the Commissioner does, that “subscriber contracts” refers to small group and…”
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