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Legal Memorandum: Employer Free Rider Surcharge Enforcement

Issue: Under Massachusetts’ law and the ActProviding Access to Affordable, Quality, Accountable Health Care, 2006 Mass. Acts ch. 58 (the ‘Act’)and the corresponding regulations (114.5 Mass. Code Regs. 16.00, 17.00, 18.0 (proposed June 30, 2006; to be effective Oct. 1, 2006)), what enforcement mechanisms have been put in place?

Area of Law: Employee Law, Insurance Law
Keywords: Free rider surcharge; Enforcement; Injunctive relief
Jurisdiction: Massachusetts
Cited Cases: None
Cited Statutes: 2006 Mass. Acts ch. 58, 48; 114.5 Mass. Code Regs. 16.00, 17.00, 18.0; Mass. Gen. Laws, ch. 118G, § 18B; Mass. Gen. Laws, ch. 151F, § 3
Date: 08/01/2006

Enforcement of ch. 118G, regarding the Free Rider Surcharge, is by court action.  The attorney general may bring any action, including an action for injunctive relief.  2006 Mass. Acts § 44 (to be codified at Mass. Gen. Laws, ch. 118G, § 18B).

Likewise, the enforcement of ch. 151F (requiring employers to provide health coverage) is by court action, with the attorney general having enforcement authority, including the authority to seek and obtain injunctive relief.  2006 Mass. Acts ch. 58, § 48 (to be codified at Mass. Gen. Laws, ch. 151F, § 3).

No specific time limitations for enforcement were located.

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