# Mass. Gen. Laws ch. 12C, sec. 5: Adoption of rules and regulations

> Massachusetts · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TII_C12C_S5

## Section

- **Citation:** Mass. Gen. Laws ch. 12C, sec. 5
- **Heading:** Adoption of rules and regulations
- **Jurisdiction:** Massachusetts
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MA Code / Part I / Title II / Chapter 12C / Section 5

## Text

Section 5. The center shall adopt and amend rules and regulations, in accordance with chapter 30A, for the administration of its duties and powers and necessary to effectuate this chapter; provided, however, that the rules or regulations shall not be construed to impair or in any way modify the authority of the executive office of health and human services to act, pursuant to section 16 of chapter 6A of the General Laws, as the single state agency authorized to supervise and administer the state programs under titles XIX and XXI of the Social Security Act. The regulations shall be adopted, after notice and hearing, only upon consultation with representatives of providers, provider organizations, pharmacy benefit managers, pharmaceutical manufacturing companies, private health care payers and public health care payers. The center shall, before adopting regulations under this chapter, consult with other agencies of the commonwealth and the federal government, affected providers, affected payers, affected pharmaceutical manufacturing companies and affected pharmacy benefit managers, as applicable, to ensure that the reporting requirements imposed under the regulations are not duplicative or excessive. If reporting requirements imposed by the center result in additional costs for the reporting providers, these costs may be included in any rates promulgated by the executive office of health and human services or a governmental unit designated by the executive office for these providers. The center may specify categories of information which may be furnished under an assurance of confidentiality to the provider; provided, however, that such assurance shall only be furnished if the information is not to be used for setting rates.

Section 5. The center shall adopt and amend rules and regulations, in accordance with chapter 30A, for the administration of its duties and powers and necessary to effectuate this chapter; provided, however, that the rules or regulations shall not be construed to impair or in any way modify the authority of the executive office of health and human services to act, pursuant to section 16 of chapter 6A of the General Laws, as the single state agency authorized to supervise and administer the state programs under titles XIX and XXI of the Social Security Act. The regulations shall be adopted, after notice and hearing, only upon consultation with representatives of providers, provider organizations, pharmacy benefit managers, pharmaceutical manufacturing companies, private health care payers and public health care payers.

The center shall, before adopting regulations under this chapter, consult with other agencies of the commonwealth and the federal government, affected providers, affected payers, affected pharmaceutical manufacturing companies and affected pharmacy benefit managers, as applicable, to ensure that the reporting requirements imposed under the regulations are not duplicative or excessive. If reporting requirements imposed by the center result in additional costs for the reporting providers, these costs may be included in any rates promulgated by the executive office of health and human services or a governmental unit designated by the executive office for these providers. The center may specify categories of information which may be furnished under an assurance of confidentiality to the provider; provided, however, that such assurance shall only be furnished if the information is not to be used for setting rates.

## Nearby sections

- [Mass. Gen. Laws ch. 12C, sec. 1 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TII_C12C_S1.md)
- [Mass. Gen. Laws ch. 12C, sec. 2 Center for health information and analysis; executive director; term; removal](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TII_C12C_S2.md)
- [Mass. Gen. Laws ch. 12C, sec. 2A Health information and analysis oversight council; members; meetings; powers and duties](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TII_C12C_S2A.md)
- [Mass. Gen. Laws ch. 12C, sec. 3 Agents, officers and employees; appointment; powers and duties](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TII_C12C_S3.md)
- [Mass. Gen. Laws ch. 12C, sec. 4 Salaries; personnel regulations](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TII_C12C_S4.md)
- [Mass. Gen. Laws ch. 12C, sec. 5 Adoption of rules and regulations](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TII_C12C_S5.md)
- [Mass. Gen. Laws ch. 12C, sec. 6 Powers](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TII_C12C_S6.md)
- [Mass. Gen. Laws ch. 12C, sec. 7 Payment by acute hospital or ambulatory surgical center for estimated expenses of center and other purposes under this chapter](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TII_C12C_S7.md)
- [Mass. Gen. Laws ch. 12C, sec. 7A Center for health information and analysis fund](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TII_C12C_S7A.md)
- [Mass. Gen. Laws ch. 12C, sec. 8 Reporting requirements for institutional providers and their parent organization and other affiliates](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TII_C12C_S8.md)
- [Mass. Gen. Laws ch. 12C, sec. 9 Reporting requirements for registered provider organizations](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TII_C12C_S9.md)
- [Mass. Gen. Laws ch. 12C, sec. 10 Reporting requirements for private and public health care payers and third-party administrators](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TII_C12C_S10.md)
- [Mass. Gen. Laws ch. 12C, sec. 10A Reporting requirements for pharmacy benefit managers](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TII_C12C_S10A.md)
- [Mass. Gen. Laws ch. 12C, sec. 11 Timely reporting of information required under Secs. 8 to 10A](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TII_C12C_S11.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TII_C12C_S5. Check the current official text before relying on it. Not legal advice.
