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RFR ATTACHMENT 9 – DEFINED TERMS
Defined Terms
| ADA Compliance and Accessibility |
| The process, standards, and validation/testing to ensure ADA compliance and that accessibility features are applied to translated content, including but not limited to: tab order, tags, translated image alterative text, translated customized screen reader text, and screen reading in order to allow access to translated content through the use of screen readers. |
| Agreement or Contract |
| The Agreement between the Health Connector and the Contractor. The set of documents comprising the entire Agreement are listed in their order of precedence, are set forth in Attachment 1, “Order of Precedence” to Attachment 1 to the RFR, “Form of MSA”. |
| Agreement Effective Date |
| The date on which the Agreement is effective as set forth in the Master Services Agreement. |
| Agreement Officer |
| The employee of each respective Party who is responsible for binding that Party legally, approving the performance of that Party’s responsibilities under the Agreement and acting as the liaison for all formal written correspondence between the Parties. The Health Connector Agreement Officer shall also have final approval authority to ensure that all Contractor responsibilities are carried out. |
| Agreement Project Activities or "Agreement Services" or “Services” |
| Shall mean the activities, services, and goods to be performed or provided by Contractor pursuant to the Agreement. |
| Agreement Year or Contract Year |
| A twelve (12) month year commencing on July 1 and ending June 30, unless otherwise specified by Health Connector. The first Contract Year shall commence as of the Contract Effective Date and end on June 30, 2027. |
| Americans with Disabilities Act (ADA) |
| The Americans with Disabilities Act is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability pursuant to 42 U.S.C. section 12101. |
| Annual Open Enrollment or Open Enrollment |
| The enrollment period each year, pursuant to §18031(c)(6)(B), during which Qualified Individuals may enroll or change coverage in a Qualified Health Plan (QHP). Pursuant to 45 CFR 155.410(e)(5)(i), for benefit years beginning on or after January 1, 2027, the annual open enrollment period for all Exchanges must begin no later than November 1 and must end no later than December 31 of the calendar year preceding the benefit year, and the annual open enrollment period must not exceed 9 weeks in duration. |
| Applicable Law |
| Means MGL ch. 66A, MGL ch. 93H, 93I, MGL ch. 93I, 801 CMR 3.00, the HIPAA Rules, the ACA, 45 CFR 155.260, ARC AMPE, and any other applicable federal or state law or regulation pertaining to the use, disclosure, maintenance, privacy or security of PI or Commonwealth Security Information. Although the Health Connector is not subject to HIPAA, the Contractor shall interpret the Agreement as if the Health Connector were so subject. |
| Applicant |
| Per the ACA, an Applicant can either be: |
1) An Individual who is seeking eligibility for him or herself through an application submitted to the Exchange or transmitted to the Exchange by an agency administering an insurance affordability program for at least one of the following:
(i) Enrollment in a QHP through the Exchange;
(ii) Enrollment in Medicaid, CHIP, if applicable.
2) An adult who is in the Applicant's household, as defined in 42 CFR 435.603(f), or family as defined in 26 U.S.C. §36B(d)(1), an authorized representative, or if the Applicant is a minor or incapacitated, someone acting responsibly for an Applicant.
| Automated Clearing House (ACH) |
| A mechanism for payments and collections to be made electronically through a Customer’s financial network or institution. |
| ARC-AMPE |
| The Centers for Medicare and Medicaid Services (CMS) Acceptable Risk Controls for Affordable Care Act (ACA), Medicaid, and Partner Entities (ARC-AMPE), Volumes I and II. Volume I is available at https://www.cms.gov/files/document/arc-ampe-vol-1-v102-508-5cr-04112025.pdf. Volume II is available by entering “ARC-AMPE Volume II” in a search engine. |
| Assister |
| An organization or individual which assists individuals, employers, and employees in applying for, enrolling in, and maintaining coverage of QHPs and QDPs. Assisters may be Brokers, Broker Enrollment Assisters (authorized under 45 C.F.R. §155.220 and state law), Certified Application Counselors (authorized under 45 C.F.R. §155.225), Issuer Enrollment Assisters (authorized under 45 C.F.R. §155.415), or Navigators (authorized under 45 C.F.R. §155.210). |
| Breach |
| For portions of the Data Management and Confidentiality Agreement (DMCA) pertaining to HIPAA, means "Breach" as such term is defined in 45 C.F.R. § 164.402, substituting “Protected Health Information” with “PII”; for purposes of the portions of the DMCA pertaining to MGL ch. 93H, “Breach of Security” as defined in MGL ch. 93H. |
| Breach Notification Rule |
| Means the HIPAA Breach Notification Rule at 45 CFR Part 164 Subpart D. |
| Business Associate |
| Means “business associate” as such term is defined in 45 C.F.R § 160.103. Although the Health Connector is not subject by law to HIPAA or the HIPAA Privacy Rule, for purposes of this Agreement, the Contractor shall have all of the obligations of a Business Associate. In addition, for purposes of some Agreements, the Health Connector is a Business Associate of a HIPAA-covered entity, and under the terms of those agreements the Contractor is a Business Associate. |
| Business Day |
| Any day, excluding Health Connector-designated holidays, or additional days as designated during Open Enrollment period. |
| Business Hours |
| Hours during Business Days. At a minimum, Business Hours include the period from 8:00 a.m. - 6:00 p.m. (ET) Monday through Friday. Extended hours, including, without limitation, holidays and weekends, may be designated by the Health Connector during peak periods, such as Open Enrollment. |
| Business Operations |
| The staff and business processes located within the Contractor’s operations focused on support and administration of the Services. This also includes, but is not limited to, technology systems to support the Services. |
| Business Requirements Document (“BRD”) |
| Document in which requirements for Tasks and Deliverables are documented by the Parties. |
| Calendar Days |
| Any day of the week regardless of whether work is scheduled to be performed (i.e., includes weekends and holidays). |
| Campaigns |
| Targeted communications to populations that are required to take an action or need to receive additional information. Campaigns include, but are not limited to, communications to disenrolled Members, eligible but unenrolled Customers, and Customers who may have been impacted by a service disruption and may involve one or many outreach channels, including, but not limited to, phone, mail, digital, SMS, robocalls, and email. |
| Carrier |
| Health (Medical) Insurance Carrier or Dental Insurance Carrier. |
| Center for Consumer Information and Insurance Oversight (CCIIO) |
| Department within the Centers for Medicare and Medicaid Services (CMS) which oversees the implementation of reforms of the Affordable Care Act, including setting and enforcing standards for private health insurance and Health Insurance Marketplaces. |
| Centers for Medicare & Medicaid Services (CMS) |
| The agency within the United States Department of Health and Human Services, formerly known as the Health Care Financing Administration, responsible for oversight of the state Medicaid and Marketplace Programs, among others. |
| Central Office |
| The Health Connector offices, currently located at 100 City Hall Plaza, 6th floor, Boston, MA 02110. |
| Certified Translator |
| Individual(s) who have successfully completed an approved, recognized accreditation program(s). |
| Chapter 58 of the Acts of 2006 (Chapter 58) |
| “An Act Providing Access to Affordable, Quality, Accountable Health Care,” a portion of which is codified as M.G.L. c. 176Q. The session law can be found here: http://www.malegislature.gov/Laws/SessionLaws/Acts/2006/Chapter58. |
| Closed Enrollment |
| The period of time outside Open Enrollment, during which Enrollment for Qualified Health Plans is limited to individuals with Special Enrollment Periods. |
| CMS Agreements |
| Means the Master Interconnection Security Agreement between CMS, EOHHS and the Health Connector renewed in 2020; the 2019 Computer Matching Agreement among CMS, the Health Connector and EOHHS renewed in 2022, and the 2019 Information Exchange Agreement between CMS and the Health Connector. The CMS Agreements are attached as Attachment 3 to the MSA, “Data Management and Confidentiality Agreement”, thereto, as such agreements and any other documents, plans and artifacts may be amended, re-stated or superseded from time to time. |
| Code of Federal Regulations |
| The codification of the general and permanent rules and regulations (sometimes called administrative law), published in the Federal Register by the executive departments and agencies of the federal government of the United States. |
| Commonwealth or The Commonwealth |
| The Commonwealth of Massachusetts, its departments, institutions, agencies, authorities, divisions, subdivisions, and/or any combination of these entities. |
| Commonwealth Health Insurance Connector Authority (Health Connector, the Connector, or CCA) |
| The entity established pursuant to M.G.L. c. 176Q, §2 and designated as the Commonwealth’s American Health Benefit Exchange, pursuant to M.G.L. c. 176Q, which facilitates the availability of health insurance plans for eligible individuals and groups. |
| Commonwealth Security Information |
| Shall mean all data that pertains to the security of the Health Connector’s and the Commonwealth’s IT and data, specifically, information pertaining to the manner in which the Health Connector and the Commonwealth protects their respective and joint IT systems and data against unauthorized access to or modification of information, whether in storage, processing or transit, and against the denial of service to authorized users, or the provision of service to unauthorized users, including those measures necessary to detect, document and counter such threats. |
| Compliance Issue |
| A circumstance in which the Services violates at least one of the compliance mandates (statutes, regulations, and policies) referenced in this Agreement. Nothing in the list is intended to reduce Contractor's obligations under any of the laws, regulations, and policies referenced in the Agreement. |
| Continuity of Operations Plan (COOP) |
| A formal document that outlines the processes and procedures to sustain essential functions (i.e., people, processes, and technology that the Contractor is responsible for) and guides the restoration of full functions if normal operations in one or more of the Contractor’s locations are not feasible due to unforeseen events such as a natural disaster or a public health emergency. |
| Continuous Quality Improvement (CQI) |
| A management process and philosophy that speaks to the measuring, understanding, and addressing of customer needs as the basis for all organizational efforts; continuous measurement of organizational process, employing statistical measurement tools such as process flow charts, histograms and run charts; and the eliminating of fear from the organization by identifying processes, not individuals, as the cause of defects and by focusing efforts upon improving such processes. |
| Contract or “Agreement” |
| The contract awarded as a result of the Request for Responses, for the on-going provision of services. |
| Contract Effective Date or Effective Date |
| The date on which this Agreement is fully executed. The Contractor and the Health Connector will begin performance activities on the effective date. |
| Contract Operational Start Date or Operational Start Date |
| The date on which the Contractor is responsible for providing all services described in the Agreement to the Health Connector customers and the date by which the Contractor comes into full compliance with all outstanding Agreement terms not complied with previously. This date is at the discretion of the Health Connector but is anticipated to be on or before July 1, 2026. |
| Contractor |
| The vendor selected by the Health Connector based on the proposals submitted in response to the Request for Responses, and with whom Health Connector enters into this agreement for the provision of services described in this Agreement. All requirements applicable to the Contractor herein shall also be applicable to the Contractor’s employees and subcontractors. |
| Contractor-Owned Technology or Contractor Technology |
| Technology furnished by the Contractor to the Health Connector under this Agreement or used by the Contractor in the provision of the Services. Such technology shall include a document library for translated materials with version control, a CRM, email, laptops, telephones, screen readers, network connectivity, VPN accounts, certificates, licenses, and other hardware, software, and tools necessary for the Contractor to provide the services. |
| Current Vendor or Existing Vendor |
| The contractor(s) currently providing services comparable to those described in this Agreement. |
| Customer |
| A Member or Applicant, or other interested party, such as a Relationship Entity, that acts on behalf of a Member or Plan or employer or anyone who otherwise seeks assistance from the Health Connector in connection with health or dental insurance. |
| Data Center Facility(ies) |
| Facility(ies) maintained by the Contractor that houses the Contractor’s data center staff, hardware, software, and equipment necessary to support the Agreement. |
| Deliverable |
| Any work product that Contractor delivers for the purposes of fulfilling its obligations to the Health Connector under the terms of the Agreement and must be submitted to the Health Connector for its approval in accordance with the formal acceptance procedures set forth within the SOWs or the Task Order(s) entered into hereunder. |
| Disaster |
| A malfunctioning or disabling of a critical component without which the Contractor is unable to perform the functions or provide the services required under this Agreement. |
| Event |
| Shall mean the following, either individually or collectively: 1) any use or disclosure of PII by Contractor or its subcontractors not permitted under the Agreement; 2) any Security Incident by the same; or 3) any event by the same that would trigger notification obligations under the Breach Notification Rule, MGL 93H, or similar Applicable Law. |
| Executive Office of Health and Human Services (“EOHHS”) |
| The Commonwealth of Massachusetts Executive Office of Health and Human Services. |
| Executive Office of Technology Services and Security (“EOTSS”) |
| Commonwealth Executive Office of Technology Services and Security. |
| Federal Poverty Level (FPL) |
| One of the eligibility criteria for a number of Federal and State programs. Every year, the federal government establishes poverty guidelines that are used to determine financial eligibility for particular programs based on a percentage of the federal poverty level. |
| Field Testing |
| A process for assessing if content is understandable, culturally appropriate, and accurate for the target audience by using questionnaires, conducting interviews, and holding focus groups with target audience members. |
| FIPS 140-2 |
| Federal Information Processing Standard Publication 140-2, entitled "Security Standards for Cryptographic Modules." FIPS 140-2 compliance is a requirement of ARC-AMPE. |
| Formatting |
| Deliverable formatting that aligns with Health Connector style and brand guidelines. |
| Full Time Equivalent (“FTE”) |
| Individual or individuals who in aggregate work full time for an entity, as “full time” is defined by that entity. |
| Health Connector for Business (HCB) |
| The Health Connector’s ACA-compliant insurance exchange for small businesses. |
| Health Insurance Exchange (“HIX” or “Exchange”) |
| A health insurance organization set up to facilitate the purchase of Qualified Health Plans and Qualified Dental Plans in accordance with the Affordable Care Act. The ACA allows for the creation of state-based Exchanges to facilitate shopping and ensure those eligible for new and existing subsidies are able to access them. In Massachusetts, the Health Connector is the Commonwealth’s designated Health Insurance Exchange. |
| Health Insurance Exchange Integrated Eligibility System (“HIX/IES”) |
| The Commonwealth's ACA-compliant health insurance exchange system. |
| Health Insurance Portability and Accountability Act (“HIPAA”) |
| The Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and any regulations promulgated under the Act. |
| HIPAA Rules |
| Shall mean the Privacy, Security, and Breach Notification Rules at 45 CFR Parts 160 and 164. |
| HIPAA Rules Terms |
| The following terms shall have the same meaning as those terms when used in the HIPAA Rules (as defined herein): Business Associate, Covered Entity, Data Aggregation, Minimum Necessary, Protected Health Information, Required by Law, Secretary and Security Incident. |
| Incident |
| An unplanned event that disrupts any business operation or service. |
| Individual |
| The person who is the subject of Personally Identifiable Information, as set forth in 45 CFR § 164.501, and shall include a person who qualifies as a personal representative in accordance with 45 CFR § 164.502(g). |
| Information Technology (“IT”) |
| The design, development, application, implementation, support, or management of computer-based information systems. |
| Integration |
| A shared exchange or connection between systems, subsystems, or units. |
| Interface |
| A device or program enabling interaction with or between systems. |
| Interpreter |
| Individual(s) who translate the spoken word. |
| Key Personnel |
| Contractor personnel directly responsible for management of the Master Services Agreement or those named Contractor personnel whose professional/technical skills are determined to be essential to the successful implementation of the Agreement as set forth in a Statement of Work or Task Order or Attachment 17 to the MSA, “Key Personnel and Organizational Chart”. |
| Leadership Staff |
| All Contractor resources above the supervisory level. |
| Live Interpretation Scope (also known as the “Contingent Live Interpretation Scope” or “Interpretation Scope”) |
| Additional services provided by the Contractor to be negotiated by the parties and implemented no earlier than year 2 of the contract, including but not limited to simultaneous (real-time) or consecutive (pause and translate) interpretation for virtual, hybrid, and in person meetings or events, ensuring technical reliability for remote services, and complying with data security, privacy and confidentiality standards. |
| Massachusetts General Laws (M.G.L.) |
| The codification of Session Laws or sections of Session Laws of the Commonwealth of Massachusetts that are permanent in nature and of general application. |
| MassHealth |
| The Commonwealth's Medicaid agency. |
| Medicaid |
| See “MassHealth”. In addition, Medicaid shall mean any other state’s Title XIX program. |
| Member |
| A Health Connector enrolled and effectuated Customer. |
| Modifications |
| In-language revisions and updating of a previously translated text, large print, braille, including updating accessibility compliance, features, and formatting of a previously translated text. |
| Navigator |
| Pursuant to 42 U.S.C. §18031(i), a private or public entity or individual that is qualified and licensed, if appropriate, to support the needs of underserved and vulnerable populations. |
| NIST-800-53 |
| The publication of the National Institute of Standards and Technology (NIST), numbered 800-53 and entitled "Recommended Security Controls for Federal Information Systems." The version of NIST 800-53 applicable to this Agreement is Revision 5 (Rev. 5). |
| Patient Protection and Affordable Care Act, Public Law 111-148 (Affordable Care Act or “ACA”) |
| The federal statute signed into law in March 2010. Signed under the title of The Patient Protection and Affordable Care Act, the law includes multiple provisions that would take effect over a matter of years, including, but not limited to, the expansion of Medicaid eligibility, the establishment of health insurance exchanges and prohibiting health insurers from denying coverage due to pre-existing conditions. Sometimes known as ACA, PPACA, or “Obamacare”. |
| Personally Identifiable Information (PII) |
| Shall mean any information obtained in the course of performance of Services concerning an Individual, including demographic information collected from an Individual and which identifies the Individual or with respect to which there is a reasonable basis to believe it can be used to identify the Individual. This term shall include, without limitation, Protected Health Information under HIPAA, personally identifiable information as defined in 42 CFR 155.260, patient identifying information as used in 42 CFR Part 2, ; personal data as defined in Mass. Gen. Laws c. 66A, §1, personal information as defined in Mass. Gen. Laws c. 93H s. 1 and ch. 93I s. 1, and any other individually identifiable information that is treated as confidential under Applicable Law or agreement (including, for example, any state and federal tax return information) that any Party uses, maintains, discloses, receives, creates, transmits or otherwise obtains in connection with its performance of the Activities. Information, including aggregate information, is considered PI if it is not fully de-identified in accord with 45 CFR §§164.514(a)-(c), regardless of whether such data is subject to HIPAA. |
| Plain Language Editing |
| Reviewing source text and revising the text in accordance with principles of plain language. |
| Plain Language |
| Style of communication that uses easy-to-understand, familiar phrasing with an emphasis on clarity, brevity, and avoidance of overly complex vocabulary. |
| Preferred Languages |
| Those languages spoken by a significant percentage of members as determined by Health Connector. |
| Privacy Rule |
| Shall mean the regulations at 45 C.F.R. Part 160 and Part 164, Subparts A and E. |
| Privacy Violation |
| A Security Incident or Security Breach as defined in Attachment 3, “Data Management and Confidentiality Agreement”, or any failure to adhere to the privacy laws, regulations, guidelines, or policies set forth in this Agreement or in the Health Connector’s standard operating procedures such as but not limited to those for user authentication. |
| Project Works |
| All software, documentation, reports, work product and other submissions delivered to the Health Connector other than the Deliverables or, if not delivered, created by the Contractor on behalf of the Health Connector under this Agreement for the purpose of meeting its obligations hereunder. |
| Quality Assurance (QA)/ Quality Assurance Plan |
| A program to record, analyze, and track accuracy of templates or documents to identify opportunities for improving member experience and business operations on an ongoing basis. |
| Readability and Usability Review |
| Review involving feedback and revisions to the design, language, literacy, braille, and visual elements of a document which may also include a functional review of fillable form features. |
| Relationship Entity |
| An organization that does business with the Health Connector. |
| Request for Responses (RFR) |
| The Request for Responses for the provision of Translation Services to the Health Connector customer community, including all attachments, issued by Health Connector on April 2, 2026. |
| Required by Law |
| Shall have the same meaning as used in 45 C.F.R. § 164.103. In addition, “required by law” means any legal requirements imposed by the state or federal government on the Health Connector during the term of this Agreement and all laws, regulations, policies, and standards set forth in this Agreement. |
| Secretary |
| Shall mean the Secretary of the US Department of Health and Human Services or the Secretary’s designee. |
| Security Breach |
| Security breach is defined in several Commonwealth of Massachusetts and Federal laws to which the Contractor’s performance under this Agreement is subject, as well as in the “Data Management and Confidentiality Agreement”, Attached hereto as Attachment 3. For example, for purposes of Mass. Gen. L. ch. 93H, a security breach is the unauthorized acquisition or unauthorized use of unencrypted data or encrypted electronic data and the confidential process or key that is capable of compromising the security, confidentiality or integrity of personal information, maintained by the Health Connector, that creates a substantial risk of identity theft or fraud against a resident of Massachusetts. |
For all other purposes other than those defined by Commonwealth of Massachusetts or federal law or the DMCA, the term shall mean the successful unauthorized access, use, disclosure, modification, or destruction of information or interference with systems operations in an information system supporting the Services.
| Security Incident |
| Attempted or successful unauthorized access, use, disclosure, modification or destruction of information or interference with systems operations in an information system. |
| Service Level Agreement (“SLA”); SLA Credit |
| Sets the expectations between the service provider and the customer and describes the products or services to be delivered and the metrics by which the effectiveness of the process is monitored and approved. In some cases, failure to meet an SLA will result in a deduction from the service provider’s invoices (an “SLA Credit”). |
| Services |
| See “Agreement Project Activities” or “Agreement Services”. |
| SLA Period |
| The period for which the Contractor’s performance for the SLAs is being measured. |
| Statement of Work (SOW) |
| An amendment that specifies tasks, Deliverables, or hourly rate services to be completed by the Contractor under the terms of this Agreement. |
| Third Party Vendor |
| A vendor providing services to the Health Connector or to the Contractor. |
| Transition Period |
| The period of time from the Contract Effective Date to the Contract Operational Start Date. |
| Transition Plan |
| A detailed written plan prepared by the Contractor in accordance with MSA Section 4.8.3 which identifies all activities associated with taking over full responsibility of all duties associated with this Contract from the Existing Vendor. |
| Translation |
| The rendering of a written English source document into another written language. |
| Translator |
| Individual(s) who translate the written word. |
| Turnover Plan |
| A comprehensive plan (including key activities, timelines, and milestones) for transferring the Services from the Contractor to another vendor. |