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Legal Memorandum: Penalties for Non-providing Employer

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 rights are created for employees to enforce the law, if any?

Area of Law: Employee Law, Insurance Law
Keywords: Civil penalty; Non-providing employer
Jurisdiction: Massachusetts
Cited Cases: None
Cited Statutes: 2006 Mass. Acts ch. 58, § 44; 114.5 Mass. Code Regs. 16.00, 17.00, 18.0; Mass. Gen. Laws, ch. 118G, § 18B
Date: 08/01/2006

            The Division of Health Care Finance and Policy may seek imposition of a civil penalty on a non-providing employer that fails to file requisite data, statistics, or schedules or other information, or falsifies such information.  2006 Mass. Acts ch. 58, § 44 (to be codified at Mass. Gen. Laws, ch. 118G, § 18B).  The civil penalty may be up to $5,000 per week.  The assessment of the penalty is made by way of a court action brought on the Commonwealth’s behalf.  Id.

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