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Massachusetts Health Care Reform - Fair Share Hearing practices

The Massachusetts Division of Unemployment assistance continues to audit Massachusetts employers, making sure that anyone doing business in Massachusetts is either meeting the requirements of the Fair Share Law or paying the appropriate penalty ($73.75 per employee per quarter).

Employers who are unhappy with the outcome of these audits have the option to appeal to the DUA’s hearing office.  The hearing office has established its own procedural rules which continue to evolve. Of note, the DUA’s hearing office is now requiring companies to produce all documentary evidence to the hearing office 14 days in advance of the hearing.   In our experience, these hearings are very document-intensive, and preparation and organization take longer than most companies expect.  In addition, the DUA typically gives only 4 weeks advance notice of a hearing, and postponements are not guaranteed.  Now more than ever, companies that hope for good outcomes at these hearings need to start preparing well before a hearing date has been set.

©1994-2023 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume II, Number 214
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About this Author

Patricia Moran, Employment, Attorney, Mintz Levin, Law firm
Of Counsel

Patricia Moran is an experienced employee benefits attorney who advises clients on a broad variety of employee benefit plan matters, including:

  • Health and welfare matters, including the Affordable Care Act, fringe benefits, cafeteria plans, COBRA, wellness, mental health parity, on-site clinics, health savings accounts, and telemedicine.
  • Retirement plan matters, including nondiscrimination testing, plan document design, service provider contract review and negotiation, and correction of errors.
  • ...
617-348-3085
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