Special Provisions

(1) Transfer of Ownership. All liabilities to the Commission by a Qualifying Hospital or Qualifying Surcharge Payor shall, in the case of a transfer of ownership, be assumed by the successor. (2) Acute Hospital Rates. A Qualifying Hospital shall not seek an increase in rates to offset the surcharge assessment under 958 CMR 2.03. The Commission may require a Qualifying Hospital to submit a jurat or an attestation signed under the pains and penalties of perjury by a person with legal authority to bind the entity, who attests to compliance with this obligation. (3) Surcharge Payor Premiums. A Qualifying Surcharge Payor shall not seek an increase in premiums to offset the surcharge assessment under 958 CMR 2.04. The Commission may require a Qualifying Surcharge Payor to submit a jurat or an attestation signed under the pains and penalties of perjury by a person with legal authority to bind the entity, who attests to compliance with this obligation. (4) Severability. The provisions of 958 CMR 2.00 are severable. If any provision or the application of any provision to any Acute Hospital or Surcharge Payor or circumstances is held to be invalid or unconstitutional, and such invalidity shall not be construed to affect the validity or constitutionality of any remaining provisions of 958 CMR 2.00 or the application of such provisions to Acute Hospitals or Surcharge Payors in circumstances other than those held invalid. (5) Administrative Bulletins. The Commission may issue administrative bulletins to clarify policies and understanding of substantive provisions of 958 CMR 2.00 and specify information and documentation necessary to implement 958 CMR 2.00. NON-TEXT PAGE