The Massachusetts Legislature recently passed, and Governor Deval Patrick signed into law, S. 2400, “An Act Improving the Quality of Health Care and Reducing Costs through increased Transparency, Efficiency and Innovation” (the “Act”). The Act is the third in a series of comprehensive health care legislative efforts in Massachusetts beginning with the 2006 enactment of the then historic Massachusetts health care reform law. For an overview of the Act, please see our July 31, 2012 advisory.

While the Act’s principal purpose is to address issues of health care cost, quality, and transparency, it makes a minor though important change to the way that employers determine their liability under the “fair share contribution testing” rules, which form the core of the employer responsibility provisions of the Massachusetts health care reform law.