801 CMR 52.02
The Vote by a Political Subdivision to Implement Changes in Group Health Insurance Benefits Under
M.G.L. c. 32B, §§ 21 through 23
(1) Advance Notice of Intent to Vote. At least two calendar days in advance of any vote
electing to change group health insurance under the process authorized by M.G.L. c. 32B, §§ 21
through 23, the appropriate public authority shall send a notice to each collective bargaining unit
to which the authority provides health insurance benefits and to the Retired State, County
Municipal Employees Association (RSCME) that the political subdivision intends to vote on
whether to implement the process. The vote of the political subdivision under M.G.L. c. 32B,
§ 21(a) may be in the following form: "The [name of political subdivision] elects to engage in
the process to change health insurance benefits under M.G.L. c. 32B, §§ 21 through 23."
(2) Notice of Vote, Request for Name and Contact Information for Public Employee Committee
Representatives, and Number of Eligible Unit Members.
(a) A political subdivision which has elected under M.G.L. c. 32B, § 21(a) to change health
insurance benefits under M.G.L. c. 32B, §§ 22 through 23, shall, before implementing any
changes, evaluate its health insurance coverage and determine the savings that may be
realized after the first 12 months of implementation of cost-sharing plan design changes or
upon transfer of its subscribers to the commission. The appropriate public authority shall
then notify its insurance advisory committee, or such committee's regional or district
equivalent, of its estimated savings. The notice shall include all the information required
in 801 CMR 52.03. In any political subdivision in which an insurance advisory committee
has not already been established under M.G.L. c. 32B, § 3, the appropriate public authority
shall notify the president of each organization of employees affected and shall designate and
notify a retiree of a governmental unit as a member of the committee. The insurance
advisory committee, within ten days after receiving this notice, shall meet with the
appropriate public authority to discuss its estimated savings and any reports or other
documentation requested by the insurance advisory committee before that meeting. If the
committee does not meet within ten days after receiving proper notice, it shall be considered
to have discussed the matter with the appropriate public authority.
(b) Not later than two business days after the insurance advisory committee meets with the
appropriate public authority or ten days after the insurance advisory committee receives
notice from the appropriate public authority, whichever occurs first, a political subdivision
which has elected under M.G.L. c. 32B, § 21(a) to make changes under M.G.L. c. 32B, § 22
or 23 shall, provide a notice of its decision, in writing, to the president or designee of each
collective bargaining unit and to the RSCME and shall include the number of employees
eligible for health insurance under M.G.L. c. 32B employed in each bargaining unit of the
political subdivision.
(c) In any political subdivision which has not previously formed a public employee
committee under M.G.L. c. 32B, § 19, the notice shall request that each of the collective
bargaining units and the RSCME provide the name, address, phone number, and email
address of its designated public employee committee representative.
(d) Where a public employee committee already exists under M.G.L. c. 32B, § 19, each
collective bargaining unit and RSCME shall, within two business days of receipt of notice
under 801 CMR 52.02(2)(d), provide the appropriate public authority with the name, address,
phone number and email address of its designated public employee committee representative.
If no public employee committee exists at the time of receipt of the notice, each collective
bargaining unit and RSCME shall designate a representative to a public employee committee
exclusively to negotiate changes under M.G.L. c. 32B, §§ 21 through 23 and provide the
appropriate public authority with the name, address, phone number and email address of its
designated public employee committee representative within five business days after receipt
of notice under 801 CMR 52.02(3). If no public employee committee exists at the time of
receipt of notice from the political subdivision and the appropriate public authority has not
received this information from a collective bargaining unit or RSCME within five business
days, the collective bargaining unit's principal officer shall be the unit's representative on the
public employee committee, the president of the RSCME shall be its representative on the public
employee committee, and the appropriate public authority shall send the notice specified under
801 CMR 52.03 to the collective bargaining unit's principal officer and to RSCME's president.