Section 10.07 - Waiver from Requirement to File a Performance Improvement Plan(1) Requests for a waiver from the requirement to file a Performance Improvement Plan shall be filed in a manner and form prescribed by the Commission.(2) The PIP Entity shall submit documentation or supporting evidence to the Commission to support the PIP Entity's request for waiver.(3) The Commission may require the PIP Entity to submit any other relevant information it deems necessary in considering the waiver request.(4) The Commission may waive the requirement for a PIP Entity to file a Performance Improvement Plan in response to a waiver request in light of all information received from the PIP Entity under 958 CMR 10.04, any additional information submitted under 958 CMR 10.07(2) and (3), and information received or obtained by the Commission, based on a consideration of the following factors:(a) The costs, price, and utilization trends of the PIP Entity over time, and any demonstrated improvement to reduce health status adjusted total medical expenses;(b) Any ongoing strategies or investments that the PIP Entity is implementing to improve future long-term efficiency and reduce cost growth;(c) Whether the factors that led to increased costs for the PIP Entity can reasonably be considered to be unanticipated and outside of the control of the PIP Entity;(d) The overall financial condition of the PIP Entity;(e) A significant difference between the growth rate of potential gross state product and the growth rate of actual gross state product, as determined under section M.G.L. c. 29, § 7H1/2; and(f) Any other factors the Commission considers relevant.(5) The Commission shall determine whether to waive the requirement to file a Performance Improvement Plan by vote of the Board.(6) If the Commission declines to waive the requirement for the PIP Entity to file a Performance Improvement Plan, the Commission shall provide written notice to the PIP Entity stating that its application for a waiver was denied. The PIP Entity shall either file a proposed Performance Improvement Plan within 45 days of receipt of the notice of denial, or file a request for extension of time to file a proposed Performance Improvement Plan within 15 days of receipt of the notice of denial.Adopted by Mass Register Issue 1337, eff. 4/21/2017.