Employee Benefits Advisory: Massachusetts Division of Health Care Finance and Policy Issues Guidance Clarifying Application of the Fair Share Contribution Requirement under the Massachusetts Health Ca

Mintz - Employment Viewpoints
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Chapter 58 of the Acts of 2006 (the “Act”)—a.k.a. the Massachusetts Health Care Reform Act—requires employers with 11 or more employees at Massachusetts locations to (among other things) make a “fair and reasonable” contribution to the health care premium costs of its employees or, alternatively, pay an annual “fair share contribution” to the Commonwealth of $295 per employee. Enforcement of the FSC rules is split between two agencies: the Division of Health Care Finance and Policy (DHCFP) establishes rules relating to what constitutes a fair and reasonable contribution, and the Division of Unemployment Assistance (DUA) oversees compliance.

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