24-A M.R.S. § 4441 — ME Code / Title 24-A / Chapter 57 / Section 4441
24-A §4441. Duties and powers of the superintendent
Status: in_force

1. Duties and powers. The superintendent shall: A. Notify the association of the existence of an insolvent insurer not later than 3 days after the superintendent receives notice of the determination of the insolvency. The association shall be entitled to a copy of any complaint seeking an order of liquidation with a finding of insolvency against a member insurer which is domiciled in this State at the same time that the complaint is filed with a court of competent jurisdiction; and [PL 1987, c. 707, §9 (AMD).] B. Upon request of the board of directors, provide the association with a statement of the net direct written premiums of each member insurer. [PL 1969, c. 561 (NEW).] [PL 1987, c. 707, §9 (AMD).]

2. Permission. The superintendent may: A. Require that the association notify the insureds of the insolvent insurer and any other interested parties of the order of liquidation with a finding of insolvency and of their rights under this subchapter. Such notifications must be by mail at their last known addresses, where available, but if required information for notification by mail is not available, notice by publication in a newspaper of general circulation in this State is sufficient. Any notification given under this paragraph must prominently display the date by which all claims must be filed with the association. [PL 2001, c. 478, §10 (AMD); PL 2001, c. 478, §11 (AFF).] B. Suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this State of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. [PL 1969, c. 561 (NEW).] C. Revoke the designation of any servicing facility if the superintendent finds claims are being handled unsatisfactorily. [RR 2021, c. 1, Pt. B, §387 (COR).] [RR 2021, c. 1, Pt. B, §387 (COR).]
24-A M.R.S. § 2526 — ME Code / Title 24-A / Chapter 29 / Section 2526
24-A §2526. Prohibited provisions
Status: in_force

1. No life insurance policy, other than industrial insurance, shall be delivered or issued for delivery in this State, if it contains any of the following provisions: A. A provision by which the policy purports to be issued or to take effect more than one year before the original application for the insurance was made. [PL 1969, c. 132, §1 (NEW).] B. A provision for any mode of settlement at maturity of the policy of less value than the amount insured under the policy, plus dividend additions, if any, less any indebtedness to the insurer on or secured by the policy and less any premium that may by the terms of the policy be deducted. [PL 1969, c. 132, §1 (NEW).] C. A provision to the effect that the agent soliciting the insurance is the agent of the person insured under the policy, or making the acts or representations of such agent binding upon the person so insured under the policy. [PL 1969, c. 132, §1 (NEW).] [PL 1969, c. 132, §1 (NEW).]

2. No policy of industrial life insurance shall be delivered or issued for delivery in this State if it contains any of the following provisions: A. A provision by which the insurer may deny liability under the policy for the reason that the insured has previously obtained other insurance from the same insurer. [PL 1969, c. 132, §1 (NEW).] B. A provision giving the insurer the right to declare the policy void because the insured has had any disease or ailment, whether specified or not, or because the insured has received institutional, hospital, medical or surgical treatment or attention, except a provision which gives the insurer the right to declare the policy void if the insured has, within 2 years prior to the issuance of the policy, received institutional, hospital, medical or surgical treatment or attention and if the insured or claimant under the policy fails to show that the condition occasioning such treatment or attention was not of a serious nature or was not material to the risk. [PL 1969, c. 132, §1 (NEW).] C. A provision giving the insurer the right to declare the policy void because the insured has been rejected for insurance, unless such right be conditioned upon a showing by the insurer that knowledge of such rejection would have led to a refusal by the insurer to make such contract. [PL 1969, c. 132, §1 (NEW).] [PL 1969, c. 132, §1 (NEW).]

3. No insurer shall provide in any policy, certificate, contract or agreement of life insurance for the payment of any insurance, indemnity or benefit in services, goods, wares or merchandise of any kind. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 2385-D — ME Code / Title 24-A / Chapter 25 / Section 2385-D
24-A §2385-D. Safety groups
Status: in_force

A safety group is an insured plan that provides for an alternative source of insurance for members of an organization or association. An insurer may issue a workers' compensation and employers' liability policy or policies insuring a safety group if the following requirements are met. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).]

1. Filings. The organization or association shall file with the superintendent: A. A copy of its articles of incorporation and bylaws or its agreement of association and rules governing the conduct of its business, all certified by the custodian of the originals; [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).] B. An agreement that only a member of the organization or association is eligible for insurance as a member of the group and that it will notify its insurers within 10 days if any member fails to remain a member in good standing in accordance with the standards and rules of the organization or association; [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).] C. A description of the operation and makeup of a safety committee which, by means of education and otherwise, will seek to reduce the incidence and severity of accidents or claims; and [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).] D. An agreement, if the policy is a group policy, duly executed, guaranteeing that, if the insurer notifies the safety group of the nonpayment of a premium by an insured member within 60 days after the premium was due, the safety group will pay to the insurer the amount of any past due premium that does not exceed the amount of the dividends that are due the safety group or its members from the insurer. The safety group shall promptly notify the insurer of the known insolvency of any member of the group and shall request, upon learning of the insolvency, the removal of the member from the group. A copy of the resolution of the governing superintendent of the group authorizing the execution of the guarantee agreement must be filed with the superintendent and with the insurer issuing the group policy. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).] [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).]

2. Advance premium discounts. Any advance premium discount for any new or existing safety group must be filed with the superintendent not later than 5 days after the effective date. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).]

3. Management. The safety group shall designate a person to act as the manager or authorized representative of the group. The manager or representative may be remunerated by the members for expenses, including all ordinary operating expenses of the group, but the amount charged to members may not exceed 10% of earned premiums. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).]

4. Dividends. Dividends or returned premiums paid or credited to a safety group must be paid or credited to the individual members of the group, except that the indebtedness for any unpaid premium must be first deducted from any dividend or premium returned. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).]

5. Other requirements. Any safety group formed or operating under this section is subject to the requirements of sections 2931 to 2940 , except that the safety group or the insurer may establish reasonable underwriting standards regarding eligibility for acceptance and continued membership of the safety group. These underwriting standards must be filed with the superintendent and may be disapproved by the superintendent if they unreasonably limit membership in the safety group. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).]
24-A M.R.S. § 2181 — ME Code / Title 24-A / Chapter 23 / Section 2181
24-A §2181. Exceptions
Status: in_force

This section shall not prevent the exercise by such officer or employee on behalf of the State or such public agency or public authority of the right to approve the form, sufficiency or manner of execution of the surety bonds or contracts of insurance furnished by the surety or insurance company selected by the bidder to underwrite said bonds or contracts of insurance. [PL 1969, c. 504, §40-A (NEW).]
24-A M.R.S. § 2433 — ME Code / Title 24-A / Chapter 27 / Section 2433
24-A §2433. Jurisdiction of courts, limitation of actions
Status: in_force

No conditions, stipulations or agreements in a contract of insurance shall deprive the courts of this State of jurisdiction of actions against foreign insurers, or limit the time for commencing actions against such insurers to a period of less than 2 years from the time when the cause of action accrues. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 2 — ME Code / Title 24-A / Chapter 1 / Section 2
24-A §2. "Person" defined
Status: in_force

"Person" includes an individual, firm, partnership, corporation, association, syndicate, organization, society, business trust, attorney-in-fact and every natural or artificial legal entity. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 3153 — ME Code / Title 24-A / Chapter 44 / Section 3153
24-A §3153. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2021, c. 562, §1 (NEW).]

1. Chronic condition. "Chronic condition" means a condition that can be treated or managed, but not cured. [PL 2021, c. 562, §1 (NEW).]

2. Congenital anomaly or disorder. "Congenital anomaly or disorder" means a condition that is present from birth, whether inherited or caused by the environment, which may cause or contribute to illness or disease. [PL 2021, c. 562, §1 (NEW).]

3. Hereditary disorder. "Hereditary disorder" means an abnormality that is genetically transmitted from parent to offspring and may cause illness or disease. [PL 2021, c. 562, §1 (NEW).]

4. Orthopedic. "Orthopedic" refers to conditions affecting the bones, skeletal muscle, cartilage, tendons, ligaments and joints, including, but not limited to, elbow dysplasia, hip dysplasia, intervertebral disc degeneration, patellar luxation and cranial cruciate ligament ruptures but not including cancers or metabolic, hemopoietic or autoimmune diseases. [PL 2021, c. 562, §1 (NEW).]

5. Pet insurance. "Pet insurance" means property insurance that provides coverage for accidents and illnesses of pets. [PL 2021, c. 562, §1 (NEW).]

6. Preexisting condition. "Preexisting condition" means a condition for which any of the following are true prior to the effective date of a pet insurance policy or during a waiting period: A. A veterinarian provided medical advice regarding the condition; [PL 2021, c. 562, §1 (NEW).] B. The pet received previous treatment for the condition; or [PL 2021, c. 562, §1 (NEW).] C. Based on information from verifiable sources, the pet had signs or symptoms directly related to the condition for which a claim is being made. [PL 2021, c. 562, §1 (NEW).] [PL 2021, c. 562, §1 (NEW).]

7. Renewal. "Renewal" means to issue and deliver at the end of an insurance policy period a policy that supersedes a policy previously issued and delivered by the same insurer or an affiliated insurer and that provides types and limits of coverage substantially similar to those contained in the policy being superseded. [PL 2021, c. 562, §1 (NEW).]

8. Veterinarian. "Veterinarian" means an individual who holds a valid license to practice veterinary medicine from the appropriate licensing entity in the jurisdiction in which the individual practices. [PL 2021, c. 562, §1 (NEW).]

9. Veterinary expenses. "Veterinary expenses" means the costs associated with medical advice, diagnosis, care or treatment provided by a veterinarian, including, but not limited to, the cost of drugs prescribed by a veterinarian. [PL 2021, c. 562, §1 (NEW).]

10. Waiting period. "Waiting period" means the period of time specified in a pet insurance policy that is required to transpire before some or all of the coverage in the policy begins. [PL 2021, c. 562, §1 (NEW).]

11. Wellness program. "Wellness program" means a subscription-based or reimbursement-based program that is separate from an insurance policy and that provides goods and services to promote the general health, safety or well-being of a pet. [PL 2021, c. 562, §1 (NEW).]
24-A M.R.S. § 2205 — ME Code / Title 24-A / Chapter 24 / Section 2205
24-A §2205. Pretext interviews
Status: in_force

A regulated insurance entity or insurance support organization may not use or authorize the use of pretext interviews to obtain information in connection with an insurance transaction unless that entity or organization does not have a generally or statutorily recognized privileged relationship with the insurance consumer about whom the information is related, the interview is conducted for the purpose of investigating a claim and there is a reasonable basis, supported by specific information available for review by the superintendent, for suspecting criminal activity, fraud, material misrepresentation or material nondisclosure. [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
24-A M.R.S. § 2510 — ME Code / Title 24-A / Chapter 29 / Section 2510
24-A §2510. Policy loan
Status: in_force

1. There shall be a provision that after 3 full years' premiums have been paid and after the policy has a cash surrender value and while no premium is in default beyond the grace period for payment, the insurer will advance, on proper assignment or pledge of the policy and on the sole security thereof, at a rate of interest as specified in sections 2552 to 2554 , an amount equal to or, at the option of the party entitled thereto, less than the loan value of the policy. The loan value of the policy shall be at least equal to the cash surrender value at the end of the then current policy year, and the insurer may deduct, either from such loan value or from the proceeds of the loan, any existing indebtedness not already deducted in determining such cash surrender value including any interest then accrued but not due, any unpaid balance of the premium for the current policy year, and interest on the loan to the end of the current policy year. The policy may also provide that if interest on any indebtedness is not paid when due, it shall then be added to the existing indebtedness and shall bear interest at the same rate, and that if and when the total indebtedness on the policy, including interest due or accrued, equals or exceeds the amount of the loan value thereof, then the policy shall terminate and become void, but not until at least 30 days' notice has been mailed by the insurer to the last address, of record with the insurer, of the insured or other policy owner and of any assignee of record at the insurer's home office. The policy shall reserve to the insurer the right to defer the granting of a loan, other than for the payment of any premium to the insurer, for 6 months after application therefor. Such provision shall also contain a table showing in figures the loan values each year during the first 20 years of the policy, or during the term of the policy, whichever is shorter. The policy, at the insurer's option, may provide for automatic premium loan. [PL 1981, c. 698, §108 (AMD).]

2. This section shall not apply to term policies or to term insurance benefits provided by rider or supplemental policy provisions or to industrial life insurance policies. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 709 — ME Code / Title 24-A / Chapter 9 / Section 709
24-A §709. "Title insurance" defined
Status: in_force

Title insurance is insurance of owners of property or others having an interest therein, or liens or encumbrances thereon, against loss by encumbrance, or defective titles, or invalidity, or adverse claim to title. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 4109 — ME Code / Title 24-A / Chapter 55 / Section 4109
24-A §4109. Conversion of fraternal benefit society into mutual life insurance company
Status: in_force

Any domestic fraternal benefit society may be converted and licensed as a mutual life insurance company by compliance with all the requirements of section 3352 if such plan of conversion has been approved by the superintendent. Such plan must be prepared in writing setting forth in full the terms and conditions thereof. The board of directors shall submit such plan to the supreme legislative or governing body of such society at any regular or special meeting thereof by giving a full, true and complete copy of such plan with the notice of such meeting. Such notice must be given as provided in the laws of the society for the convocation of a regular or special meeting of such body, as the case may be. The affirmative vote of 2/3 of all members of such body is necessary for the approval of such agreement. Any such conversion does not take effect unless and until approved by the superintendent who may give such approval if the superintendent finds that the proposed change is in conformity with the requirements of law and not prejudicial to the certificate holders of the society. [RR 2021, c. 1, Pt. B, §326 (COR).]
24-A M.R.S. § 2385-C — ME Code / Title 24-A / Chapter 25 / Section 2385-C
24-A §2385-C. Workplace health and safety consultations
Status: in_force

Workplace health and safety consultation services provided by workers' compensation insurance carriers to employers with an experience rating factor of one or more are subject to the following. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Workplace health and safety consultations" means a service provided to an employer to advise and assist the employer in the identification, evaluation and control of existing and potential accident and occupational health problems. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).] [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).]

2. Standards for workplace health and safety consultations. The superintendent, in consultation with the Department of Labor, may adopt rules establishing the standards for approval of workplace health and safety consultations provided to employers by insurance carriers, including provision of adequate facilities, qualifications of persons providing the consultations, specialized techniques and professional services to be used and educational services to be offered to employers. [PL 1997, c. 592, §67 (AMD).]

3. Required coverage and premium. All insurance carriers writing workers' compensation coverage in the State shall offer workplace health and safety consultations to each employer as part of the workers' compensation insurance policy. [PL 1997, c. 592, §67 (AMD).]

4. Optional purchase from another provider. An employer may elect to purchase workplace health and safety consultation services from a provider other than the insurer. [PL 1997, c. 592, §67 (AMD).]

5. Notification to employer; request for consultation services. An insurance carrier writing workers' compensation insurance coverage shall notify each employer of the type of workplace health and safety consultation services available and the address or location where these services may be requested. The insurer shall respond within 30 days of receipt of a request for workplace health and safety consultation services. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).]

6. Reports to employers. In any workplace health and safety consultation that includes an on-site visit, the insurer shall submit a report to the employer describing the purpose of the visit, a summary of the findings of the on-site visit and evaluation and the recommendations developed as a result of the evaluation. The insurer shall maintain for a period of 3 years a record of all requests for workplace health and safety consultations and a copy of the insurer's report to the employer. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).]

7. Safe workplace responsibility. Workplace health and safety consultations provided by an insurer do not diminish or replace an employer's responsibility to provide a safe workplace. An insurance carrier or its agents or employees do not incur any liability for illness or injuries that result from any consultation or recommendation. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).]
24-A M.R.S. § 2540 — ME Code / Title 24-A / Chapter 29 / Section 2540
24-A §2540. "Wholesale life insurance" defined
Status: in_force

"Wholesale life insurance" is that plan of life insurance, other than salary savings life insurance or pension trust insurance and annuities, under which individual policies are issued to the employees of any employer and where such policies are issued on the lives of not less than 3 employees at date of issue. Premiums for such policies must be paid either wholly from the employer's funds, or funds contributed by the employer, or partly from such funds and partly from funds contributed by the insured employees. [PL 2023, c. 405, Pt. A, §87 (AMD).]
24-A M.R.S. § 2479 — ME Code / Title 24-A / Chapter 28 / Section 2479
24-A §2479. Commission records and enforcement -- Article 8
Status: in_force

1. Public inspection and copying of information and records. The commission shall promulgate rules establishing conditions and procedures for public inspection and copying of its information and official records, except information and records involving the privacy of individuals and insurers' trade secrets. The commission may promulgate additional rules under which it may make available to federal and state agencies, including law enforcement agencies, records and information otherwise exempt from disclosure, and may enter into agreements with such agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions. [PL 2003, c. 680, §1 (NEW).]

2. Laws pertaining to confidentiality or nondisclosure. Except as to privileged records, data and information, the laws of any compacting state pertaining to confidentiality or nondisclosure do not relieve any compacting state commissioner of the duty to disclose any relevant records, data or information to the commission. Disclosure to the commission may not be considered to waive or otherwise affect any confidentiality requirement. Except as otherwise expressly provided in this chapter, the commission is not subject to the compacting state's laws pertaining to confidentiality and nondisclosure with respect to records, data and information in its possession. Confidential information of the commission remains confidential after such information is provided to any commissioner. [PL 2003, c. 680, §1 (NEW).]

3. Compliance. The commission shall monitor compacting states for compliance with duly adopted bylaws, rules, including uniform standards, and operating procedures. The commission shall notify any noncomplying compacting state in writing of its noncompliance with commission bylaws, rules or operating procedures. If a noncomplying compacting state fails to remedy its noncompliance within the time specified in the notice of noncompliance, the compacting state is in default as set forth in section 2485 . [PL 2003, c. 680, §1 (NEW).]

4. Commissioner's authority to oversee market regulation. The commissioner of any state in which an insurer is authorized to do business or is conducting the business of insurance shall continue to exercise the commissioner's authority to oversee the market regulation of the activities of the insurer in accordance with the provisions of the state's law. The commissioner's enforcement of compliance with the compact is governed by the following provisions. A. With respect to the commissioner's market regulation of a product or advertisement that is approved by or certified to the commission, the content of the product or advertisement does not constitute a violation of the provisions, standards or requirements of the compact except upon a final order of the commission issued at the request of a commissioner after prior notice to the insurer and an opportunity for hearing before the commission. [PL 2003, c. 680, §1 (NEW).] B. Before a commissioner may bring an action for violation of any provision, standard or requirement of the compact relating to the content of an advertisement not approved by or certified to the commission, the commission, or an authorized commission officer or employee, must authorize the action. However, authorization pursuant to this paragraph does not require notice to the insurer, opportunity for hearing or disclosure of requests for authorization or records of the commission's action on such requests. [PL 2003, c. 680, §1 (NEW).] [PL 2003, c. 680, §1 (NEW).]
24-A M.R.S. § 2745-G — ME Code / Title 24-A / Chapter 33 / Section 2745-G
24-A §2745-G. Coverage for prostate cancer screening (REALLOCATED FROM TITLE 24-A, SECTION 2745-E)
Status: in_force

(REALLOCATED FROM TITLE 24-A, SECTION 2745-E)

1. Definition. As used in this section, "services for the early detection of prostate cancer" means the following procedures provided to a man for the purpose of early detection of prostate cancer: A. A digital rectal examination; and [RR 1997, c. 2, §51 (RAL).] B. A prostate-specific antigen test. [RR 1997, c. 2, §51 (RAL).] [RR 1997, c. 2, §51 (RAL).]

2. Required coverage for prostate cancer screening. All individual insurance policies and contracts except accidental injury, specified disease, hospital indemnity, Medicare supplement, long-term care and other limited benefit health insurance policies and contracts must provide coverage for services for the early detection of prostate cancer. The contracts must reimburse for services for the early detection of prostate cancer, if recommended by a physician, at least once a year for men 50 years of age or older until a man reaches the age of 72. [RR 1997, c. 2, §51 (RAL).]

3. Application. The requirements of this section apply to all policies, contracts and certificates executed, delivered, issued for delivery, continued or renewed in this State on or after September 1, 1998. For purposes of this section, all contracts are deemed to be renewed no later than the next yearly anniversary of the contract date. [RR 1997, c. 2, §51 (RAL).]
24-A M.R.S. § 2628 — ME Code / Title 24-A / Chapter 31 / Section 2628
24-A §2628. Total disability
Status: in_force

Where active employment is a condition of insurance, the group life insurance policy shall contain a provision that an insured may continue coverage during the insured's total disability by timely payment to the policyholder of that portion, if any, of the premium that would have been required from the insured had total disability not occurred. The continuation shall be on a premium paying basis for a period of 6 months from the date on which the total disability started, but not beyond the earlier of: [PL 1981, c. 150, §29 (NEW).]

1. Approval by the insurer of continuation of the coverage under any disability provision which the group insurance policy may contain; or [PL 1981, c. 150, §29 (NEW).]

2. The discontinuance of the group insurance policy. [PL 1981, c. 150, §29 (NEW).]
24-A M.R.S. § 7051 — ME Code / Title 24-A / Chapter 90 / Section 7051
24-A §7051. Short title
Status: in_force

This chapter may be known and cited as "the Limited Lines Travel Insurance Act." [PL 2015, c. 133, §4 (NEW).]
24-A M.R.S. § 6306 — ME Code / Title 24-A / Chapter 75 / Section 6306
24-A §6306. Funds held by insurers
Status: in_force

Insurers shall invest assessments collected subject to chapter 13 . Interest earned on investments must be credited to the Rural Medical Access Program. [PL 2005, c. 122, §8 (AMD).]
24-A M.R.S. § 3353 — ME Code / Title 24-A / Chapter 47 / Section 3353
24-A §3353. Qualifying applications for insurance; bond or deposit
Status: in_force

1. Before soliciting any applications for insurance required under section 3352 as qualification for the original certificate of authority, the incorporators of the proposed insurer shall file with the superintendent a corporate surety bond in the penalty of $15,000, in favor of the State and for the use and benefit of the State and of applicant members and creditors of the corporation. The bond must be conditioned in the event the corporation fails to complete its organization and secure a certificate of authority within one year after the date of its articles of incorporation: A. For the prompt return to applicant members of all premiums collected in advance; [PL 1969, c. 132, §1 (NEW).] B. For payment of all indebtedness of the corporation; and [PL 1969, c. 132, §1 (NEW).] C. For payment of costs incurred by the State in the event of any legal proceedings for liquidation or dissolution of the corporation. [PL 2013, c. 299, §6 (AMD).] [PL 2013, c. 299, §6 (AMD).]

2. In lieu of such bond, the incorporators may deposit with the commissioner $15,000 in cash or United States government bonds, negotiable and payable to the bearer, with a market value at all times of not less than $15,000 and to be held in trust upon the same conditions as required for the bond. [PL 1969, c. 132, §1 (NEW).]

3. The superintendent shall release and discharge any such bond filed or deposit or remaining portion thereof held under this section upon settlement and termination of all liabilities against it. [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]
24-A M.R.S. § 954 — ME Code / Title 24-A / Chapter 11 / Section 954
24-A §954. Commissioners reserve valuation method defined
Status: in_force

1. Policies providing for uniform insurance and uniform premiums. Except as otherwise provided in subsection 2 and section 957 , reserves according to the commissioners reserve valuation method, for the life insurance and endowment benefits of policies providing for a uniform amount of insurance and requiring the payment of uniform premiums, shall be the excess, if any, of the present value, at the date of valuation, of such future guaranteed benefits provided for by such policies, over the then present value of any future modified net premiums therefor. The modified net premiums for any such policy shall be such uniform percentage of the respective contract premiums for such benefits that the present value, at the date of issue of the policy, of all such modified net premiums shall be equal to the sum of the then present value of such benefits provided for by the policy and the excess of paragraph A over paragraph B as follows: A. A net level annual premium equal to the present value, at the date of issue, of such benefits provided for after the first policy year, divided by the present value, at the date of issue, of an annuity of one per year payable on the first and each subsequent anniversary of such policy on which a premium falls due. Such net level annual premium shall not exceed the net level annual premium on the 19-year premium whole life plan for insurance of the same amount at an age one year higher than the age at issue of such policy; [PL 1979, c. 453, §5 (NEW).] B. A net one-year term premium for those benefits provided in the first policy year. [PL 1983, c. 346, §4 (AMD).] [PL 1983, c. 346, §4 (AMD).]

1-A. Reserve. For any life insurance policy issued on or after January 1, 1987, for which the contract premium in the first policy year exceeds that of the 2nd year and for which no comparable additional benefit is provided in the first year for that excess and which provides an endowment benefit or a cash surrender value, or a combination thereof, in an amount greater than that excess premium, the reserve according to the commissioners reserve valuation method as of any policy anniversary occurring on or before the assumed ending date, defined in this subsection as the first policy anniversary on which the sum of any endowment benefit and any cash surrender value then available is greater than that excess premium, shall, except as otherwise provided in section 957 , be the greater of the reserve as of that policy anniversary calculated as described in subsection 1 and the reserve as of that policy anniversary calculated as described in subsection 1 , but with the value defined in subsection 1, paragraph A , being reduced by 15% of the amount of that excess first year premium, all present values of benefits and premiums being determined without reference to premiums or benefits provided for by the policy after the assumed ending date, the policy being assumed to mature on that date as an endowment, and the cash surrender value provided on that date being considered as an endowment benefit. In making this comparison, the mortality and interest bases stated in sections 953 and 953‑A shall be used. Reserves according to the commissioners reserve valuation method for: A. Life insurance policies providing for a varying amount of insurance or requiring the payment of varying premiums; [PL 1983, c. 346, §5 (NEW).] B. Group annuity and pure endowment contracts, purchased under a retirement plan or plan of deferred compensation, established or maintained by an employer, including a partnership or sole proprietorship, or by an employee organization, or by both, other than a plan providing individual retirement accounts or individual retirement annuities under the United States Internal Revenue Code, Section 408, as now or hereafter amended; [PL 1983, c. 346, §5 (NEW).] C. Disability and accidental death benefits in all policies and contracts; and [PL 1983, c. 346, §5 (NEW).] D. All other benefits, except life insurance and endowment benefits in life insurance policies and benefits provided by all other annuity and pure endowment contracts, [PL 1983, c. 346, §5 (NEW).] shall be calculated by a method consistent with the principles of the preceding provisions of this section, except that any extra premiums charged because of impairments or special hazards shall be disregarded in the determination of modified net premiums. [PL 1983, c. 346, §5 (NEW).]

2. Annuity and pure endowment contracts. This subsection shall apply to all annuity and pure endowment contracts other than group annuity and pure endowment contracts purchased under a retirement plan or plan of deferred compensation, established or maintained by an employer (including a partnership or sole proprietorship) or by an employee organization, or by both, other than a plan providing individual retirement accounts or individual retirement annuities under the United States Internal Revenue Code, Section 408, as now or hereafter amended. Reserves according to the commissioners annuity reserve method for benefits under annuity or pure endowment contracts, excluding any disability or accidental death benefits in such contracts, shall be the greatest of the respective excesses of the present values, at the date of valuation, of the future guaranteed benefits, including guaranteed nonforfeiture benefits, provided for by such contracts at the end of each respective contract year, over the present value, at the date of valuation, of any future valuation considerations derived from future gross considerations, required by the terms of such contract, that become payable prior to the end of such respective contract year. The future guaranteed benefits shall be determined by using the mortality table, if any, and the interest rate, or rates, specified in such contracts for determining guaranteed benefits. The valuation considerations are the portions of the respective gross considerations applied under the terms of such contracts to determine nonforfeiture values. [PL 1979, c. 453, §5 (RPR).]
24-A M.R.S. § 4320-Q — ME Code / Title 24-A / Chapter 56-A / Section 4320-Q
24-A §4320-Q. Coverage for services provided by a certified registered nurse anesthetist (REALLOCATED FROM TITLE 24-A, SECTION 4320-P)
Status: in_force

(REALLOCATED FROM TITLE 24-A, SECTION 4320-P)

1. Services provided by a certified registered nurse anesthetist. A carrier offering a health plan in this State shall provide coverage for health care services performed by a certified registered nurse anesthetist licensed under Title 32, chapter 31 when those services are covered services under the health plan when performed by any other health care provider and when those services are within the lawful scope of practice of the certified registered nurse anesthetist. [PL 2021, c. 39, §1 (NEW); PL 2021, c. 39, §2 (AFF); RR 2021, c. 1, Pt. A, §23 (RAL).]

2. Limits; deductible; copayment; coinsurance. A carrier may offer a health plan containing a provision for a deductible, copayment or coinsurance requirement for a health care service provided by a certified registered nurse anesthetist as long as the deductible, copayment or coinsurance does not exceed the deductible, copayment or coinsurance applicable to the same service provided by other health care providers. [PL 2021, c. 39, §1 (NEW); PL 2021, c. 39, §2 (AFF); RR 2021, c. 1, Pt. A, §23 (RAL).]

3. Network participation. A carrier may not prohibit a certified registered nurse anesthetist from participating in the carrier's provider network or billing the carrier directly solely because the provider is a certified registered nurse anesthetist as long as the provider is willing to meet the same terms and conditions as other participating providers. This subsection does not require a carrier to contract with all certified registered nurse anesthetists or require a carrier to provide coverage under a health plan for any service provided by a participating certified registered nurse anesthetist that is not a covered service under the plan. [PL 2021, c. 39, §1 (NEW); PL 2021, c. 39, §2 (AFF); RR 2021, c. 1, Pt. A, §23 (RAL).]

4. Claim submission. Services billed by a certified registered nurse anesthetist must be submitted using the current standardized claim form for professional services approved by the Federal Government and submitted electronically. [PL 2021, c. 39, §1 (NEW); PL 2021, c. 39, §2 (AFF); RR 2021, c. 1, Pt. A, §23 (RAL).]
24-A M.R.S. § 4135 — ME Code / Title 24-A / Chapter 55 / Section 4135
24-A §4135. Examination of domestic societies
Status: in_force

The superintendent, or any person the superintendent may appoint, has the power of visitation and examination into the affairs of any domestic society and the superintendent shall make such examination at least once in every 3 years. The superintendent may employ assistants for the purpose of such examination, and the superintendent, or any person the superintendent may appoint, has free access to all books, papers and documents that relate to the business of the society. The minutes of the proceedings of the supreme legislative or governing body and of the board of directors or corresponding body of a society must be in the English language. In making any such examination the superintendent may summon and qualify as witnesses under oath and examine its officers, agents and employees or other persons in relation to the affairs, transactions and condition of the society. A summary of the report of the superintendent and such recommendations or statements of the superintendent as may accompany such report must be read at the first meeting of the board of directors or corresponding body of the society following the receipt thereof, and if directed so to do by the superintendent, must also be read at the first meeting of the supreme legislative or governing body of the society following the receipt thereof. A copy of the report, recommendations and statements of the superintendent must be furnished by the society to each member of such board of directors or other governing body. The expense of each examination and of each valuation, including compensation and actual expense of examiners, must be paid by the society examined or whose certificates are valued, upon statements furnished by the superintendent. [RR 2021, c. 1, Pt. B, §337 (COR).]
24 M.R.S. § 2332-H — ME Code / Title 24 / Chapter 19 / Section 2332-H
24 §2332-H. Assignment of benefits
Status: in_force

All contracts providing benefits for medical or dental care on an expense-incurred basis must contain a provision permitting the insured to assign benefits for such care to the provider of the care. An assignment of benefits under this section does not affect or limit the payment of benefits otherwise payable under the contract. [PL 1999, c. 21, §1 (AMD).]
24-A M.R.S. § 7052-A — ME Code / Title 24-A / Chapter 90 / Section 7052-A
24-A §7052-A. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2021, c. 354, §6 (NEW).]

1. Aggregator site. "Aggregator site" means a website that provides access to information regarding insurance products from more than one insurer, including product and insurer information, for use in comparison shopping. [PL 2021, c. 354, §6 (NEW).]

2. Blanket travel insurance. "Blanket travel insurance" means a policy of group travel insurance that provides coverage for specific classes of persons defined in the policy under which coverage is provided to all members of the eligible group without a separate charge to individual members of the eligible group. [PL 2021, c. 354, §6 (NEW).]

3. Cancellation fee waiver. "Cancellation fee waiver" means a contractual agreement between a supplier of travel services and its customer to waive some or all of the nonrefundable cancellation fee provisions of the supplier's underlying travel contract with or without regard to the reason for the cancellation or form of reimbursement. A cancellation fee waiver is not insurance. [PL 2021, c. 354, §6 (NEW).]

4. Designated responsible producer. "Designated responsible producer" means the individual licensed producer responsible for ensuring compliance by the supervising travel insurance producer and its registrants with travel insurance laws and rules of the State. [PL 2021, c. 354, §6 (NEW).]

5. Eligible group. "Eligible group" means 2 or more persons that are engaged in a common enterprise or have an economic, educational or social affinity or relationship, including but not limited to any of the following: A. An entity engaged in the business of providing travel or travel services, including but not limited to: tour operators, lodging providers, vacation property owners, hotels and resorts, travel clubs, travel agencies, property managers, cultural exchange programs and common carriers or the operator, owner or lessor of a means of transportation of passengers, including but not limited to airlines, cruise lines, railroads, steamship companies and public bus carriers, wherein, with regard to any particular travel or type of travel or travelers, all members or customers of the entity have a common exposure to risk attendant to such travel, covering all members or customers of the entity; [PL 2021, c. 354, §6 (NEW).] B. A college, school or other institution of learning, covering students, teachers, employees or volunteers; [PL 2021, c. 354, §6 (NEW).] C. An employer, covering any group of employees, volunteers, contractors, boards of directors, dependents or guests; [PL 2021, c. 354, §6 (NEW).] D. A sports team, camp or sponsor of a sports team or camp, covering participants, members, campers, employees, officials, supervisors or volunteers; [PL 2021, c. 354, §6 (NEW).] E. A religious, charitable, recreational, educational or civic organization or branch thereof, covering any group of members, participants or volunteers; [PL 2021, c. 354, §6 (NEW).] F. A financial institution or financial institution vendor, or parent holding company, trustee or agent of or designated by one or more financial institutions or financial institution vendors, including account holders, credit card holders, debtors, guarantors or purchasers; [PL 2021, c. 354, §6 (NEW).] G. An incorporated or unincorporated association, including a labor union, having a common interest, constitution and bylaws, and organized and maintained in good faith for purposes other than obtaining insurance for members or participants of such association, covering its members; [PL 2021, c. 354, §6 (NEW).] H. A trust or the trustees of a fund established, created or maintained for the benefit of and covering members, employees or customers of one or more associations meeting the requirements of paragraph G , subject to the superintendent's permitting the use of the trust and the premium tax provisions in Title 36, section 2513‑C ; [PL 2021, c. 354, §6 (NEW).] I. An entertainment production company, covering any group of participants, volunteers, audience members, contestants, employees or contractors; [PL 2021, c. 354, §6 (NEW).] J. A volunteer fire department or an ambulance, rescue, police, court, first aid or civil defense volunteer group or other similar volunteer group; [PL 2021, c. 354, §6 (NEW).] K. A preschool, day care institution for children or adults or senior citizen club; [PL 2021, c. 354, §6 (NEW).] L. An automobile or truck rental or leasing company, covering a group of individuals who may become renters, lessees or passengers, as defined by their travel status with regard to the rented or leased vehicles, as long as the automobile or truck rental or leasing company is the policyholder under a policy to which this chapter applies; or [PL 2021, c. 354, §6 (NEW).] M. Any other group with regard to which the superintendent has determined that the members are engaged in a common enterprise or have an economic, educational or social affinity or relationship and that issuance of the policy would not be contrary to the public interest. [PL 2021, c. 354, §6 (NEW).] [PL 2021, c. 354, §6 (NEW).]

6. Fulfillment materials. "Fulfillment materials" means documentation provided to the purchaser of a travel protection plan confirming the purchase and providing the travel protection plan's coverage and travel assistance services details. [PL 2021, c. 354, §6 (NEW).]

7. Group travel insurance. "Group travel insurance" means travel insurance issued to an eligible group. [PL 2021, c. 354, §6 (NEW).]

8. Offer and disseminate. "Offer and disseminate" means to provide general information, including a description of the coverage and price, as well as to process the application and collect premiums. [PL 2021, c. 354, §6 (NEW).]

9. Primary certificate holder. "Primary certificate holder" means an individual who elects and purchases travel insurance under a group travel insurance policy. [PL 2021, c. 354, §6 (NEW).]

10. Primary policyholder. "Primary policyholder" means an individual who elects and purchases individual travel insurance. [PL 2021, c. 354, §6 (NEW).]

11. Supervising travel insurance producer. "Supervising travel insurance producer" means a business entity licensed in accordance with this chapter to sell, solicit and negotiate travel insurance that is offered and disseminated by travel retailers. "Supervising travel insurance producer" includes a: A. Licensed managing general agent or 3rd-party administrator; [PL 2021, c. 354, §6 (NEW).] B. Licensed insurance producer, including a limited lines producer; and [PL 2021, c. 354, §6 (NEW).] C. Travel administrator. [PL 2021, c. 354, §6 (NEW).] [PL 2021, c. 354, §6 (NEW).]

12. Travel administrator. "Travel administrator" means a person that directly or indirectly underwrites, collects charges, collateral or premiums from or adjusts or settles claims on residents of the State in connection with travel insurance, except that a person is not a travel administrator if that person's only actions that would otherwise cause that person to be a travel administrator are among the following: A. The person works for a travel administrator, if the person's activities are subject to the supervision and control of the travel administrator; [PL 2021, c. 354, §6 (NEW).] B. The person is an insurance producer selling insurance or engaged in administrative and claims-related activities within the scope of the insurance producer's license; [PL 2021, c. 354, §6 (NEW).] C. The person is a travel retailer offering and disseminating travel insurance and is registered under the license of a supervising travel insurance producer in accordance with this chapter; [PL 2021, c. 354, §6 (NEW).] D. The person is an individual adjusting or settling claims in the normal course of that individual's practice or employment as an attorney-at-law and who does not collect charges or premiums in connection with insurance coverage; and [PL 2021, c. 354, §6 (NEW).] E. The person is a business entity that is affiliated with a licensed insurer and acts as a travel administrator for the direct and assumed insurance business of the affiliated insurer. [PL 2021, c. 354, §6 (NEW).] [PL 2021, c. 354, §6 (NEW).]

13. Travel assistance services. "Travel assistance services" means noninsurance services for which the consumer is not indemnified against a fortuitous event and for which providing the services does not result in transfer or shifting of risk that would constitute the business of insurance. "Travel assistance services" includes, but is not limited to: security advisories; destination information; vaccination and immunization information services; travel reservation services; entertainment; activity and event planning; translation assistance; emergency messaging; international legal and medical referrals; medical case monitoring; coordination of transportation arrangements; emergency cash transfer assistance; medical prescription replacement assistance; passport and travel document replacement assistance; lost baggage assistance; concierge services; and any other services that are furnished in connection with planned travel. Travel assistance services are not insurance and not related to insurance. [PL 2021, c. 354, §6 (NEW).]

14. Travel insurance. "Travel insurance" means insurance coverage as defined in section 1420‑F, subsection 1, paragraph H . [PL 2021, c. 354, §6 (NEW).]

15. Travel protection plan. "Travel protection plan" means a plan that provides one or more of the following: travel insurance, travel assistance services and a cancellation fee waiver. [PL 2021, c. 354, §6 (NEW).]

16. Travel retailer. "Travel retailer" means a business entity that makes, arranges or offers planned travel and that may offer and disseminate travel insurance as a service to its customers on behalf of and under the direction of a supervising travel insurance producer. [PL 2021, c. 354, §6 (NEW).]
24-A M.R.S. § 4601 — ME Code / Title 24-A / Chapter 62 / Section 4601
24-A §4601. Short title
Status: in_force

This chapter may be known and cited as the Maine Life and Health Insurance Guaranty Association Act. [PL 2005, c. 346, §1 (AMD); PL 2005, c. 346, §16 (AFF).]
24-A M.R.S. § 3614 — ME Code / Title 24-A / Chapter 51 / Section 3614
24-A §3614. Notice of contingent liability; reduction
Status: in_force

Where contingent liability of policyholders is provided for, notice of the existence of such liability shall be plainly and legibly given in each policy. Whenever any reduction is made in the contingent liability of members, the reduction shall apply proportionally to all policies in force. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 796 — ME Code / Title 24-A / Chapter 9 / Section 796
24-A §796. No transaction of insurance business by investors in securities
Status: in_force

The securities issued by the special purpose reinsurance vehicle pursuant to a special purpose reinsurance vehicle insurance securitization are not deemed to be insurance or reinsurance contracts. An investor in such securities issued pursuant to insurance securitization or any holder of such securities may not by sole means of this investment or holding be deemed to be transacting an insurance business in this State. The underwriters or selling agents and their partners, directors, officers, members, managers, employees, agents, representatives and advisors involved in an insurance securitization are not deemed to be acting as insurance or reinsurance producers, intermediaries or consultants by virtue of their activities in connection with the special purpose reinsurance vehicle or with the insurance securitization. [PL 2007, c. 386, §20 (AMD).]
24 M.R.S. § 2327 — ME Code / Title 24 / Chapter 19 / Section 2327
24 §2327. Group rates
Status: in_force

A group health care contract may not be issued by a nonprofit hospital or medical service organization in this State until a copy of the group rates to be used in calculating the premium for these contracts has been filed for informational purposes with the superintendent. The filing must include the base rates and a description of any procedures to be used to adjust the base rates to reflect factors including but not limited to age, gender, health status, claims experience, group size and coverage of dependents. Notwithstanding this section, rates for group Medicare supplement, nursing home care or long-term care contracts and for certain group contracts included within the definition of "individual health plan" in Title 24‑A, section 2736‑C, subsection 1, paragraph C must be filed in accordance with section 2321 and rates for small group health plans as defined by Title 24‑A, section 2808‑B must be filed in accordance with that section. [PL 2003, c. 469, Pt. E, §1 (AMD).]
24-A M.R.S. § 405 — ME Code / Title 24-A / Chapter 5 / Section 405
24-A §405. Exceptions to certificate of authority requirement
Status: in_force

A certificate of authority shall not be required of an insurer with respect to any of the following: [PL 1969, c. 132, §1 (NEW).]

1. Investigation, settlement or litigation of claims under its policies lawfully written in this State, or liquidation of assets and liabilities of the insurer, other than collection of new premiums, all as resulting from its former authorized operations in this State; [PL 1969, c. 132, §1 (NEW).]

2. Except as provided in section 404, subsection 2 , transactions thereunder subsequent to issuance of a policy covering only subjects of insurance not resident, located or expressly to be performed in this State at time of issuance, and lawfully solicited, written and delivered outside this State; [PL 1969, c. 132, §1 (NEW).]

3. Transactions pursuant to surplus lines coverages lawfully written under chapter 19 ; [PL 1969, c. 132, §1 (NEW).]

4. Reinsurance, except as to domestic reinsurers; [PL 1969, c. 132, §1 (NEW).]

5. Transactions relative to its investments in this State; [PL 1969, c. 132, §1 (NEW).]

6. Any suit or action by the duly constituted receiver, rehabilitator or liquidator of the insurer, or of the insurer's assignee or successor, under laws similar to those contained in chapter 57 ; or [PL 2011, c. 90, Pt. C, §1 (AMD).]

7. Transactions pursuant to individual health insurance covering residents of this State written by a regional insurer or health maintenance organization, as defined in section 405‑A , duly authorized or qualified to transact individual health insurance in the state or country of its domicile if the superintendent certifies that the regional insurer or health maintenance organization meets the requirements of section 405‑A . [PL 2011, c. 90, Pt. C, §2 (NEW).]
24-A M.R.S. § 3616 — ME Code / Title 24-A / Chapter 51 / Section 3616
24-A §3616. Assessment; remedy if not paid
Status: in_force

If any lawful assessment is not paid within 30 days after written demand by the insurer or its agent, the directors may declare the policy suspended until the assessment is paid or may at their option sue for and collect the amount due on such assessment. Mailing such demand addressed to the insured at the insured's address last of record with the insurer, or delivering it to the insured in hand by an authorized agent or officer of the insurer, is conclusive proof that demand has been duly made. [RR 2021, c. 1, Pt. B, §309 (COR).]
24-A M.R.S. § 3484 — ME Code / Title 24-A / Chapter 47 / Section 3484
24-A §3484. Voluntary dissolution
Status: in_force

1. A solvent domestic stock or mutual insurer, which then is not the subject of a delinquency proceeding under chapter 57 , may voluntarily dissolve under a plan therefor in writing authorized by its board of directors, approved or adopted by stockholders or members as hereinafter provided, and filed with and approved by the superintendent. The plan shall provide for the disposition, by bulk reinsurance or other lawful procedure, of all insurance in force in the insurer, for full discharge of all obligations of the insurer, and designate or provide for trustees to conduct and administer the settlement of the insurer's affairs. [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]

2. The superintendent shall approve the plan unless found by the superintendent to be unlawful or unfair or inequitable or prejudicial to the interests of any stockholder, policyholder or creditor. [RR 2021, c. 1, Pt. B, §294 (COR).]

3. If a mutual insurer, the plan must have been approved by vote of not less than 2/3 of the policyholders voting thereon at a special meeting of such policyholders called and held for the purpose pursuant to such reasonable notice and information as the superintendent may have approved. [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]

4. If a stock insurer, the plan must have been adopted by vote of not less than 2/3 of all outstanding voting securities of the insurer at a special meeting of such security holders called and held for the purpose. [PL 1969, c. 132, §1 (NEW).]

5. Following approval of the dissolution and plan for dissolution by members or adoption by stockholders as provided in this section, and approval by the superintendent, the trustees designated or provided for in the plan shall proceed to execute the plan. When all liabilities of the corporation have been discharged or otherwise adequately provided for, and all assets of the corporation have been liquidated and distributed in accordance with the plan, the trustees shall so certify in triplicate under oath in writing. The trustees shall deliver the original and the 2 copies of such certificate to the superintendent, together with the fee for filing the certificate of the trustees with the Secretary of State. The superintendent shall make such examination of the affairs of the corporation, and of the liquidation and distribution of its assets and discharge of or provision for its liabilities as the superintendent determines advisable. If upon such examination the superintendent finds that the facts set forth in the certificate of the trustees are true, the superintendent shall inscribe the superintendent's approval on the certificate, file the original of the certificate so inscribed in the office of the Secretary of State, file a copy of the certificate in the bureau and return the remaining copy to the trustees for the corporate files. [PL 2013, c. 299, §17 (AMD).]

6. Upon receipt of the filing of the certificate of the trustees as provided in subsection 5 , the Secretary of State shall issue to the trustees the Secretary of State's acknowledgment of the date of filing. The effective date of dissolution is the effective date of that filing with the Secretary of State. The Secretary of State shall charge and collect a fee of $25 for the filing of the trustee's certificate, and shall deposit the same with the Treasurer of State for credit to the General Fund. [PL 2013, c. 299, §18 (AMD).]
24-A M.R.S. § 2620 — ME Code / Title 24-A / Chapter 31 / Section 2620
24-A §2620. Information as to insurance
Status: in_force

The group life insurance policy must contain a provision that the insurer will issue to the policyholder for delivery to each person insured printed information as to the insurance protection to which the person is entitled and the rights and conditions set forth in sections 2621 , 2622 , 2623 and 2628 . The insurer shall also provide for distribution by the policyholder to each member of the insured group a statement setting forth to whom the benefits under such policy are payable. [RR 2021, c. 2, Pt. A, §73 (COR).]
24-A M.R.S. § 4349 — ME Code / Title 24-A / Chapter 56-C / Section 4349
24-A §4349. Oversight and contracting responsibilities
Status: in_force

1. Compliance. A carrier is responsible for monitoring all activities carried out by the carrier, or all activities carried out on behalf of the carrier by a pharmacy benefits manager if the carrier contracts with a pharmacy benefits manager, related to a carrier's prescription drug benefits and for ensuring that all requirements of this chapter are met. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

2. Fiduciary duty. A carrier that contracts with a pharmacy benefits manager to perform any activities related to the carrier's prescription drug benefits is responsible for ensuring that, under the contract, the pharmacy benefits manager acts as the carrier's agent and owes a fiduciary duty to the carrier in the pharmacy benefits manager's management of activities related to the carrier's prescription drug benefits. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

3. Contract requirements. A carrier may not enter into a contract or agreement or allow a pharmacy benefits manager or any person acting on the carrier's behalf to enter into a contract or agreement that prohibits a pharmacy provider from: A. Providing a covered person with the option of paying the pharmacy provider's cash price for the purchase of a prescription drug and not filing a claim with the covered person's carrier if the cash price is less than the covered person's cost-sharing amount; or [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).] B. Providing information to a state or federal agency, law enforcement agency or the superintendent when such information is required by law. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).] [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

4. Excess payments at point of sale prohibited. A carrier or pharmacy benefits manager may not require a covered person to make a payment at the point of sale for a covered prescription drug in an amount greater than the least of: A. The applicable cost-sharing amount for the prescription drug; [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).] B. The amount a covered person would pay for the prescription drug if the covered person purchased the prescription drug without using a health plan or any other source of prescription drug benefits or discounts; and [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).] C. The total amount the pharmacy will be reimbursed for the prescription drug from the pharmacy benefits manager or carrier, including the cost-sharing amount paid by a covered person. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).] [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

5. Adequate network. A carrier shall provide a reasonably adequate retail pharmacy network for the provision of prescription drugs for its covered persons. A mail order pharmacy may not be included in determining the adequacy of a retail pharmacy network. The superintendent may adopt rules as necessary to carry out the purposes of this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

6. Cost-sharing amounts paid on behalf of covered person. The requirements of this subsection apply to the calculation of a covered person's contribution to any applicable cost-sharing or other out-of-pocket expense under a covered prescription drug benefit. A. When calculating a covered person's contribution to any applicable cost-sharing or other out-of-pocket expense under a covered prescription drug benefit, a carrier or pharmacy benefits manager shall give credit for any waiver or discount of, or payment made by a 3rd party for, the amount of, or any portion of the amount of, the applicable cost-sharing or other out-of-pocket expense for the covered prescription drug that is either: (1) Without a generic equivalent; or (2) With a generic equivalent when the covered person has obtained access to the covered prescription drug through prior authorization, a step therapy override exception or other exception or appeal process. [PL 2021, c. 744, §1 (NEW); PL 2021, c. 744, §2 (AFF).] B. A 3rd party that pays as financial assistance any amount, or portion of the amount, of any applicable cost-sharing or other out-of-pocket expense on behalf of a covered person for a covered prescription drug: (1) Shall notify the covered person prior to or within 7 days of the acceptance of the financial assistance of the total amount of assistance available and the duration for which it is available; and (2) May not condition the assistance on enrollment in a specific health plan or type of health plan, except as permitted under federal law. [PL 2021, c. 744, §1 (NEW); PL 2021, c. 744, §2 (AFF).] C. If under federal law, with respect to a high-deductible health plan offered for use with a health savings account in accordance with the federal Internal Revenue Code, the application of paragraph A would result in ineligibility for a health savings account, this subsection applies only with respect to the deductible of such a plan after the covered person has satisfied the minimum deductible under the federal Internal Revenue Code, Section 223, except for items or services that are determined to be preventive care pursuant to the federal Internal Revenue Code, Section 223(c)(2)(C), in which case the requirements of paragraph A apply regardless of whether the minimum deductible under the federal Internal Revenue Code, Section 223 has been satisfied. [PL 2021, c. 744, §1 (NEW); PL 2021, c. 744, §2 (AFF).] [PL 2021, c. 744, §1 (NEW); PL 2021, c. 744, §2 (AFF).]
24-A M.R.S. § 2810 — ME Code / Title 24-A / Chapter 35 / Section 2810
24-A §2810. Group health insurance payments; beneficiaries
Status: in_force

The benefits payable under any policy or contract of group health insurance shall be payable to the employee or other insured member of the group or to some beneficiary or beneficiaries designated by him, other than the employer or the association or any officer thereof as such; but if there is no designated beneficiary as to all or any part of the insurance at the death of the employee or member, then the amount of insurance payable for which there is no designated beneficiary shall be payable to the estate of the employee or member, except that the insurer may in such case, at its option, pay such insurance to any one or more of the following surviving relatives of the employee or member: Wife, husband, mother, father, child or children, brothers or sisters; and except that payment of benefits for expenses incurred on account of hospitalization or medical or surgical aid, as provided in section 2811 , may be made by the insurer to the hospital or other person or persons furnishing such aid. Payment so made shall discharge the insurer's obligation with respect to the amount of insurance so paid. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 2765-A — ME Code / Title 24-A / Chapter 33 / Section 2765-A
24-A §2765-A. Coverage for services provided by dental therapist
Status: in_force

1. Services provided by dental therapist. An insurer that issues individual dental insurance or health insurance that includes coverage for dental services shall provide coverage for dental services performed by a dental therapist licensed under Title 32, chapter 143 when those services are covered services under the contract and when they are within the lawful scope of practice of the dental therapist. [PL 2019, c. 388, §3 (AMD).]

2. Limits; coinsurance; deductibles. A contract that provides coverage for the services required by this section may contain provisions for maximum benefits and coinsurance and reasonable limitations, deductibles and exclusions to the extent that these provisions are not inconsistent with the requirements of this section. [PL 2013, c. 575, §5 (NEW); PL 2013, c. 575, §10 (AFF).]

3. Coordination of benefits with dental insurance. If an enrollee eligible for coverage under this section is eligible for coverage under a dental insurance policy or contract and a health insurance policy or contract, the insurer providing dental insurance is the primary payer responsible for charges under subsection 1 and the insurer providing individual health insurance is the secondary payer. [PL 2013, c. 575, §5 (NEW); PL 2013, c. 575, §10 (AFF).]

4. Application. The requirements of this section apply to all policies, contracts and certificates executed, delivered, issued for delivery, continued or renewed in this State. For purposes of this section, all contracts are deemed to be renewed no later than the next yearly anniversary of the contract date. [PL 2013, c. 575, §5 (NEW); PL 2013, c. 575, §10 (AFF).]
24-A M.R.S. § 6711 — ME Code / Title 24-A / Chapter 83 / Section 6711
24-A §6711. Reinsurance
Status: in_force

1. Reinsurance. A captive insurance company may provide reinsurance on risks ceded by any other insurer to the extent permitted by section 6702 . [PL 2009, c. 335, §17 (AMD).]

2. Credit for reserves. A captive insurance company may take credit for the reinsurance of risks or portions of risks ceded to a reinsurer in accordance with this Title. A captive insurance company may not cede risks or take credit for the reinsurance of risks or portions of risk without the approval of the superintendent, except for business written outside the United States by an alien captive insurance company. [PL 2009, c. 335, §18 (AMD).]

3. Credit for reserves on risks; adequate security. In addition to reinsurers complying with chapter 9, subchapter III , a captive insurance company may take credit for reserves on risks or portions of risks ceded to a pool, exchange or association acting as a reinsurer that has been authorized by the superintendent. The superintendent may require any other documents, financial information or other evidence that such a pool, exchange or association is able to provide adequate security for its financial obligations. The superintendent may deny authorization or impose any limitations on the activities of a reinsurance pool, exchange or association that, in the superintendent's judgment are necessary and proper to provide adequate security for the ceding captive insurance company and for the protection and benefit of the public. [PL 1997, c. 435, §1 (NEW).]

4. Reinsurance of workers' compensation risks. A captive insurance company may, with the approval of the superintendent, reinsure workers' compensation risks of its parent and affiliated companies under a statutory workers' compensation policy issued by a licensed insurer or under a qualified self-insured plan. The superintendent may require that all or part of any assumed self-insured risk be retroceded to an insurance company that meets the standards for acceptance of reinsurance of workers' compensation self-insurance. [PL 2009, c. 335, §19 (AMD).]
24-A M.R.S. § 3050 — ME Code / Title 24-A / Chapter 41 / Section 3050
24-A §3050. Delivery of notice
Status: in_force

A notice of cancellation of a policy is not effective unless received by the named insured at least 20 days prior to the effective date of cancellation, or, when the cancellation is for nonpayment of premium, at least 10 days prior to the effective date of cancellation. Like notice must also be given to any party named as mortgagee on the policy. A postal service certificate of mailing to the named insured at the insured's last known address is conclusive proof of receipt on the 5th calendar day after mailing. [PL 2007, c. 188, Pt. C, §10 (AMD).]

Except for a policy that has been in effect for less than 90 days at the time notice of cancellation is received by the named insured, the reason for cancellation must accompany the notice, together with a notice of the right to apply for a hearing before the superintendent within 30 days, as provided in section 3054 . [PL 2007, c. 188, Pt. C, §10 (AMD).]
24-A M.R.S. § 2713 — ME Code / Title 24-A / Chapter 33 / Section 2713
24-A §2713. Payment of claims
Status: in_force

1. There shall be a provision as follows: Payment of claims: Indemnity for loss of life will be payable in accordance with the beneficiary designation and the provisions respecting such payment which may be prescribed herein and effective at the time of payment. If no such designation or provision is then effective, such indemnity shall be payable to the estate of the insured. Any other accrued indemnities unpaid at the insured's death may, at the option of the company, be paid either to such beneficiary or to such estate. All other indemnities will be payable to the insured. [PL 1969, c. 132, §1 (NEW).]

2. The following provisions, or either of them, may be included with the foregoing provision at the option of the insurer: A. "If any indemnity of this policy shall be payable to the estate of the insured, or to an insured or beneficiary who is a minor or otherwise not competent to give a valid release, the insurer may pay such indemnity, up to an amount not exceeding $ (insert an amount which shall not exceed $1,000), to any relative by blood or connection by marriage of the insured or beneficiary who is deemed by the insurer to be equitably entitled thereto. Any payment made by the insurer in good faith pursuant to this provision shall fully discharge the insurer to the extent of such payment. [PL 1969, c. 132, §1 (NEW).] B. Subject to any written direction of the insured in the application or otherwise all or a portion of any indemnities provided by this policy on account of hospital, nursing, medical or surgical services may, at the insurer's option and unless the insured requests otherwise in writing not later than the time of filing proofs of such loss, be paid directly to the hospital or person rendering such services; but it is not required that the service be rendered by a particular hospital or person. Nothing in this provision prohibits an insurer from providing an incentive for insureds to use the services of a particular provider. [PL 1985, c. 704, §5 (AMD).] [PL 1985, c. 704, §5 (AMD).]
24-A M.R.S. § 6608 — ME Code / Title 24-A / Chapter 81 / Section 6608
24-A §6608. Forms
Status: in_force

1. Approval of forms by superintendent required. A participation agreement or contract form, application form, certificate, rider, endorsement, summary plan description or other evidence of coverage may not be issued by an arrangement unless the form and all changes to the form have been filed with the superintendent by or on behalf of the arrangement that proposes to use the form and have been approved by the superintendent. [PL 1993, c. 688, §1 (NEW).]

2. Grounds for disapproval of forms by superintendent. The superintendent may disapprove a form filed under this section or withdraw previous approval of a form only if the form: A. Violates or does not comply with this chapter; [PL 1993, c. 688, §1 (NEW).] B. Contains or incorporates by reference inconsistent, ambiguous or misleading clauses or exceptions and conditions that deceptively affect the risk proposed to be assumed in the general coverage of the contract; [PL 1993, c. 688, §1 (NEW).] C. Has any title, heading or other indication of its provisions that is misleading; [PL 1993, c. 688, §1 (NEW).] D. Is printed or otherwise reproduced in such manner as to render any material provision of the form substantially illegible; or [PL 1993, c. 688, §1 (NEW).] E. Contains provisions that are unfair, inequitable or encourage misrepresentation. [PL 1993, c. 688, §1 (NEW).] [PL 1993, c. 688, §1 (NEW).]
24-A M.R.S. § 701 — ME Code / Title 24-A / Chapter 9 / Section 701
24-A §701. Definitions not mutually exclusive
Status: in_force

It is intended that certain insurance coverages may come within the definitions of 2 or more kinds of insurance as defined in this chapter, and the inclusion of such coverage within one definition shall not exclude it as to any other kind of insurance within the definition of which such coverage is likewise reasonably includable. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 1151 — ME Code / Title 24-A / Chapter 13-A / Section 1151
24-A §1151. Scope of chapter
Status: in_force

Except as provided in sections 1101 and 1161 , this chapter applies only to a domestic life or health insurer that transacts business of a type described in section 409, subsection 3 . [PL 1991, c. 385, §10 (AMD).]
24-A M.R.S. § 4335 — ME Code / Title 24-A / Chapter 56-A / Section 4335
24-A §4335. Contractual provisions
Status: in_force

Full copies of contracts and summary descriptions of contracts must be provided to the superintendent. The following provisions must be included in contracts between a carrier and a downstream entity: [PL 1999, c. 609, §20 (NEW).]

1. Enrollee not liable. A provision in all relevant contracts between a carrier and a downstream entity or between a downstream entity and a participating provider of health care services stating that if the carrier fails to pay for health care services as set forth in the contract, the enrollee may not be liable to the provider for any sums owed by the carrier; [PL 1999, c. 609, §20 (NEW).]

2. Maintenance of books, accounts and records. A provision for the maintenance of books, accounts and records by the downstream entity and the carrier to verify that transactions, including the risk transfer, are clearly, accurately and completely recorded, in accordance with generally accepted accounting principles and disclosed in writing; [PL 1999, c. 609, §20 (NEW).]

3. Prohibition on assignment of rights or obligations. A provision prohibiting the assignment of any rights or obligations under the contract in the absence of the consent of the carrier; [PL 1999, c. 609, §20 (NEW).]

4. Right to object to subcontractor. A provision granting the carrier the right to be advised of and the right to object to any subcontractor with whom the downstream entity proposes to contract with respect to services required to be performed by the downstream entity under its contract with the carrier; [PL 1999, c. 609, §20 (NEW).]

5. Termination of contract. A provision for the termination of the contract, including the right to immediately terminate the contract upon a valid order issued by the superintendent or another lawful authority; [PL 1999, c. 609, §20 (NEW).]

6. Compliance with utilization review laws, rules and licensing requirements. A provision requiring the downstream entity to comply with utilization review laws, rules and licensing requirements appropriate to the functions the downstream entity has contracted to undertake on behalf of the carrier; [PL 1999, c. 609, §20 (NEW).]

7. Ability to perform. A provision requiring the downstream entity to advise the carrier in a timely manner of relevant matters that may have a material effect on the downstream entity's ability to perform under the contract, including, but not limited to: A. Whether the downstream entity or participating provider is subject to an administrative order, a cease and desist order, a fine or a license suspension; and [PL 1999, c. 609, §20 (NEW).] B. Whether legal action has been taken that may have a material effect on the downstream entity's financial condition or the downstream entity's ability to perform under the contract; and [PL 1999, c. 609, §20 (NEW).] [PL 1999, c. 609, §20 (NEW).]

8. Incorporation by reference. A provision requiring the contract between a carrier and a downstream entity to be attached to all contracts between the downstream entity and those of the entity's participating providers contractually obligated to provide services to the carrier's enrollees under the contract between the carrier and the downstream entity. [PL 1999, c. 609, §20 (NEW).]
24 M.R.S. § 2316 — ME Code / Title 24 / Chapter 19 / Section 2316
24 §2316. Certificates or contracts; approval by superintendent
Status: in_force

A nonprofit hospital and medical service organization may not issue or deliver in this State any certificate or other evidence of any contract unless and until the form used, together with the form of application and all riders or endorsements for use in connection with the certificate or other evidence of a contract, have been filed with and approved by the superintendent as conforming to reasonable rules and regulations from time to time made by the superintendent and as consistent with any other provisions of law. The superintendent shall, within a reasonable time after the filing of any such form, notify the organization filing the form either of the approval or of the disapproval of the form. The superintendent may approve any form that in the superintendent's opinion contains provisions on any one or more of the several requirements made by the superintendent that are more favorable to the subscribers than the one or ones required. The superintendent is authorized to make, alter and supersede reasonable regulations prescribing the required, optional and prohibited provisions in any contracts, and such regulations must conform, as far as practicable, to Title 24‑A, chapters 33 and 35 . If the superintendent determines those chapters to be inapplicable, either in part or in their entirety, the superintendent may prescribe the portions or summary of the contract to be printed on the certificate issued to the subscriber. Any filing made in accordance with this section is deemed approved unless disapproved within 60 days from the date of the filing. [PL 1999, c. 256, Pt. M, §8 (AMD).]
24-A M.R.S. § 733 — ME Code / Title 24-A / Chapter 9 / Section 733
24-A §733. Examination of reinsurance agreements
Status: in_force

The superintendent may examine the reinsurance agreements or deposit arrangements of a ceding insurer at any time. [PL 1991, c. 828, §19 (NEW).]
24-A M.R.S. § 6093 — ME Code / Title 24-A / Chapter 72-A / Section 6093
24-A §6093. Definitions
Status: in_force

As used in this Act, unless the context indicates otherwise, the following terms have the following meanings. [PL 1987, c. 481, §3 (NEW).]

1. Completed operations liability. "Completed operations liability" means liability arising out of the installation, maintenance or repair of any product at a site which is not owned or controlled by: A. Any person who performs that work; or [PL 1987, c. 481, §3 (NEW).] B. Any person who hires an independent contractor to perform that work, but shall include liability for activities which are completed or abandoned before the date of the occurrence giving rise to the liability. [PL 1987, c. 481, §3 (NEW).] [PL 1987, c. 481, §3 (NEW).]

2. Domicile. "Domicile," for purposes of determining the state in which a purchasing group is domiciled, means: A. For a corporation, the state in which the purchasing group is incorporated; and [PL 1987, c. 481, §3 (NEW).] B. For an unincorporated entity, the state of its principal place of business. [PL 1987, c. 481, §3 (NEW).] [PL 1987, c. 481, §3 (NEW).]

3. Hazardous financial condition. "Hazardous financial condition" means that, based on its present or reasonably anticipated financial condition, a risk retention group, although not yet financially impaired or insolvent, is unlikely to be able: A. To meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or [PL 1987, c. 481, §3 (NEW).] B. To pay other obligations in the normal course of business. [PL 1987, c. 481, §3 (NEW).] [PL 1987, c. 481, §3 (NEW).]

4. Impairment. "Impairment," as to a risk retention group, exists when: A. If a stock corporation, the sum of the group's liabilities and paid-in capital stock exceeds its assets; [PL 1987, c. 481, §3 (NEW).] B. If a mutual company, the sum of its liabilities and required minimum basic surplus exceeds its assets; and [PL 1987, c. 481, §3 (NEW).] C. If other than a stock or mutual company, the sum of liabilities and any fund balance equal to the amount of basic surplus required of a mutual company exceeds its assets. [PL 1987, c. 481, §3 (NEW).] [PL 1987, c. 481, §3 (NEW).]

5. Insurance. "Insurance" means primary insurance, excess insurance, reinsurance, surplus lines insurance and any other arrangement for shifting and distributing risk which is determined to be insurance under the laws of this State. [PL 1987, c. 481, §3 (NEW).]

6. Liability. "Liability" means: A. Legal liability for damages, including costs of defense, legal costs and fees and other claims expenses, because of injuries to other persons, damage to their property or other damage or loss to such other persons resulting from or arising out of: (1) Any business, whether profit or nonprofit, trade, product, services, including professional services, premises or operations; or (2) Any activity of any state or local government or any agency or political subdivision of state or local government; and [PL 1987, c. 481, §3 (NEW).] B. Does not include personal risk liability and an employer's liability with respect to its employees other than legal liability under the Federal Employers' Liability Act, United States Code, Title 45, Section 51, et seq. [PL 1987, c. 481, §3 (NEW).] [PL 1987, c. 481, §3 (NEW).]

7. Personal risk liability. "Personal risk liability" means liability for damages because of injury to any person, damage to property or other loss or damage resulting from any personal, familial or household responsibilities or activities, rather than from responsibilities or activities referred to in subsection 6 . [PL 1987, c. 481, §3 (NEW).]

8. Plan of operation or feasibility study. "Plan of operation or feasibility study" means an analysis which presents the expected activities and results of a risk retention group, including, at a minimum: A. Information sufficient to verify that its members are engaged in businesses or activities similar or related with respect to the liability to which the members are exposed by virtue of any related, similar or consumer business, trade, product, services, premises or operation; [PL 1987, c. 481, §3 (NEW).] B. The coverages, deductibles, coverage limits, rates and rating classification systems for each line of insurance the group intends to offer; [PL 1987, c. 481, §3 (NEW).] C. Historical and expected loss experience, to the extent available, of the proposed members and national experience of similar exposures; [PL 1987, c. 481, §3 (NEW).] D. Pro forma financial statements and projections; [PL 1987, c. 481, §3 (NEW).] E. Appropriate opinions by a qualified, independent casualty actuary, including a determination of minimum premium or participation levels required to commence operations and to prevent a hazardous financial condition; [PL 1987, c. 481, §3 (NEW).] F. Identification of management, underwriting and claim procedures, marketing methods, managerial oversight methods and investment policies; and [PL 1987, c. 481, §3 (NEW).] G. Such other matters as may be prescribed by the superintendent for liability insurance companies authorized by the insurance laws of the state in which the risk retention group is chartered. [PL 1987, c. 481, §3 (NEW).] [PL 1987, c. 481, §3 (NEW).]

9. Product liability. "Product liability" means liability for damages because of any personal injury, death, emotional harm, consequential economic damage or property damage, including damages resulting from the loss of use of property, arising out of the manufacture, design, importation, distribution, packaging, labeling, lease or sale of a product, but does not include the liability of any person for those damages if the product involved was in the possession of such a person when the incident giving rise to the claim occurred. [PL 1987, c. 481, §3 (NEW).]

10. Product Liability Risk Retention Act of 1981. "Product Liability Risk Retention Act of 1981" means the United States Public Law 97-45, the United States Code, Title 15, Section 3901, et seq. [PL 1987, c. 481, §3 (NEW).]

11. Purchasing group. "Purchasing group" means any group which: A. Has, as one of its purposes, the purchase of liability insurance on a group basis; [PL 1987, c. 481, §3 (NEW).] B. Purchases such insurance only for its group members and only to cover their similar or related liability exposure, as described in paragraph C ; [PL 1987, c. 481, §3 (NEW).] C. Is composed of members whose businesses or activities are similar or related with respect to the liability to which members are exposed by virtue of any related, similar or common business, trade, product, services, premises or operations; and [PL 1987, c. 481, §3 (NEW).] D. Is domiciled in any state. [PL 1987, c. 481, §3 (NEW).] [PL 1987, c. 481, §3 (NEW).]

12. Risk Retention Amendments of 1986. "Risk Retention Amendments of 1986" means United States Public Law 99-563, United States Code, Title 15, Section 3901, et seq. [RR 2009, c. 2, §71 (COR).]

13. Risk retention group. "Risk retention group" means any corporation or other limited liability association: A. Whose primary activity consists of assuming and spreading all, or any portion, of the liability exposure of its group members; [PL 1987, c. 481, §3 (NEW).] B. Which is organized for the primary purpose of conducting the activity described under paragraph A ; [PL 1987, c. 481, §3 (NEW).] C. Which: (1) Is chartered and licensed as a liability insurance company and authorized to engage in the business of insurance under the laws of any state; or (2) Before January 1, 1985, was chartered or licensed and authorized to engage in the business of insurance under the laws of Bermuda or the Cayman Islands and, before such date, had certified to the insurance superintendent of at least one state, which certification was accepted, that it satisfied the capitalization requirements of that state, except that any such group shall be considered to be a risk retention group only if it has been engaged in business continuously since that date and only for the purpose of continuing to provide insurance to cover product liability or completed operations liability, as such terms were defined in the Product Liability Risk Retention Act of 1981, before the date of the enactment of the Risk Retention Amendments of 1986; [PL 1987, c. 481, §3 (NEW).] D. Which does not exclude any person from membership in the group solely to provide for members of such a group a competitive advantage over such a person; [PL 1987, c. 481, §3 (NEW).] E. Which: (1) Has, as its owners, only persons who comprise the membership of the risk retention group and who are provided insurance by such group; or (2) Has, as its sole owner, an organization which: (a) Has as its members only persons who comprise the membership of the risk retention group; and (b) Has as its owners only persons who comprise the membership of the risk retention group and who are provided insurance by such groups; [PL 1987, c. 481, §3 (NEW).] F. Whose members are engaged in businesses or activities similar or related, with respect to the liability of which those members are exposed by virtue of any related, similar or common business, trade, product, services, premises or operations; [PL 1987, c. 481, §3 (NEW).] G. Whose activities do not include the provision of insurance other than: (1) Liability insurance for assuming and spreading all or any portion of the liability of its group members; and (2) Reinsurance with respect to the liability of any other risk retention group, or any members of such other group, which is engaged in businesses or activities so that this group or member meets the requirement described in paragraph F for membership in the risk retention group which provides that reinsurance; and [PL 1987, c. 481, §3 (NEW).] H. The name of which includes the phrase "Risk Retention Group." [PL 1987, c. 481, §3 (NEW).] [PL 1987, c. 481, §3 (NEW).]

14. State. "State" means any state of the United States or the District of Columbia. [PL 1987, c. 481, §3 (NEW).]

15. Superintendent. "Superintendent" means the Superintendent of Insurance of this State or the commissioner, director or superintendent of insurance in any other state. [PL 1987, c. 481, §3 (NEW).]
24-A M.R.S. § 951-A — ME Code / Title 24-A / Chapter 11 / Section 951-A
24-A §951-A. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2013, c. 238, Pt. C, §2 (NEW).]

1. Appointed actuary. "Appointed actuary" means the actuary appointed by an insurer pursuant to section 952‑A, subsection 1 . [PL 2013, c. 238, Pt. C, §2 (NEW).]

2. NAIC. [PL 2021, c. 521, §26 (RP).]

3. Operative date. "Operative date," with respect to the initial adoption of the valuation manual, means January 1st of the first calendar year beginning at least 6 months after all of the following events have occurred: A. The valuation manual has been adopted by the NAIC by an affirmative vote of at least 42 members or 3/4 of the members voting, whichever is greater; [PL 2013, c. 238, Pt. C, §2 (NEW).] B. The NAIC's model standard valuation law, as amended by the NAIC in 2009, or legislation including substantially similar terms and provisions has been enacted by states representing greater than 75% of the direct premiums written as reported in the following annual statements submitted for 2008: life, accident and health annual statements; health annual statements; or fraternal annual statements; and [PL 2013, c. 238, Pt. C, §2 (NEW).] C. The NAIC's model standard valuation law, as amended by the NAIC in 2009, or legislation including substantially similar terms and provisions has been enacted by at least 42 of the following 55 jurisdictions: the 50 states of the United States, American Samoa, the District of Columbia, Guam, the Commonwealth of Puerto Rico and the United States Virgin Islands. [PL 2013, c. 238, Pt. C, §2 (NEW).] [PL 2013, c. 238, Pt. C, §2 (NEW).]

4. Policyholder behavior. "Policyholder behavior" means any action a policyholder, contract holder or any other person with the right to elect options, such as a certificate holder, may take under a policy or contract subject to this subchapter, including, but not limited to, lapse, withdrawal, transfer, deposit, premium payment, loan, annuitization or benefit elections prescribed by the policy or contract, but excluding events of mortality or morbidity that result in benefits prescribed in their essential aspects by the terms of the policy or contract. [PL 2013, c. 238, Pt. C, §2 (NEW).]

5. Principle-based valuation. "Principle-based valuation" means a reserve valuation that uses one or more methods or one or more assumptions determined by the insurer and is subject to section 960 . [PL 2013, c. 238, Pt. C, §2 (NEW).]

6. Qualified actuary. "Qualified actuary" means an individual who is qualified to sign the applicable statement of actuarial opinion in accordance with the American Academy of Actuaries qualification standards for actuaries signing such statements and who meets all applicable requirements specified in the valuation manual or by rule adopted by the superintendent. [PL 2013, c. 238, Pt. C, §2 (NEW).]

7. Subject lines of insurance. "Subject lines of insurance" means life insurance, accident and health insurance and deposit-type contracts, as those terms are defined in the valuation manual. [PL 2013, c. 238, Pt. C, §2 (NEW).]

8. Tail risk. "Tail risk" means a risk for which the frequency of low-probability events is higher than expected under a normal probability distribution or the risk of events of very significant magnitude. [PL 2013, c. 238, Pt. C, §2 (NEW).]

9. Valuation manual. "Valuation manual" means the manual of valuation instructions adopted by the NAIC as specified in section 959 . [PL 2013, c. 238, Pt. C, §2 (NEW).]
24-A M.R.S. § 6707 — ME Code / Title 24-A / Chapter 83 / Section 6707
24-A §6707. Financial statements and other reports
Status: in_force

1. Financial statement. A captive insurance company shall submit an annual statement of financial condition audited by an independent certified public accountant to the superintendent on or before the last day of the 6th month following the end of the company's fiscal year. A. The audited financial statement of an association captive insurance company or industrial insured captive insurance company must be prepared in conformity with statutory accounting principles. [PL 2017, c. 169, Pt. G, §8 (NEW).] B. The audited financial statement of a captive insurance company other than those set out in paragraph A must be prepared in conformity with either generally accepted accounting principles or statutory accounting principles, at the election of the company. [PL 2017, c. 169, Pt. G, §8 (NEW).] [PL 2017, c. 169, Pt. G, §8 (AMD).]

2. Annual and quarterly statements. An association captive insurance company or industrial insured captive insurance company shall file annual and quarterly statements in accordance with statutory accounting principles, each of which must be a true statement of its financial condition, transactions and affairs, substantially similar to the statements required under sections 423 and 423‑A for insurance companies certified under section 414 , in general form and context as approved by the National Association of Insurance Commissioners, or other format prescribed by the superintendent, verified by oaths of at least 2 of the insurer's principal officers. [PL 2017, c. 169, Pt. G, §8 (AMD).]

3. Reserves. The statements required under subsections 1 and 2 must include, but are not limited to, actuarially appropriate reserves for: A. Known claims and associated expenses; [PL 1997, c. 435, §1 (NEW).] B. Claims incurred but not reported and associated expenses; [PL 1997, c. 435, §1 (NEW).] C. Unearned premiums; and [PL 1997, c. 435, §1 (NEW).] D. Bad debts, reserves for which must be shown as liabilities. [PL 1997, c. 435, §1 (NEW).] An actuarial opinion regarding reserves for known claims and claims incurred but not reported, and expenses associated with those claims, must be included in the audited statements. The actuarial opinion must be given by a member of the American Academy of Actuaries or other qualified loss reserve specialist as defined in the annual statement instructions adopted by the National Association of Insurance Commissioners. [PL 2017, c. 169, Pt. G, §8 (AMD).]

4. Other reports. The superintendent may prescribe the format and frequency of other reports, which may include, but are not limited to, summary loss reports, material transaction reports and interim financial statements. [PL 2017, c. 169, Pt. G, §8 (AMD).]
24-A M.R.S. § 2742-A — ME Code / Title 24-A / Chapter 33 / Section 2742-A
24-A §2742-A. Extension of coverage for dependent children
Status: in_force

Notwithstanding section 2703, subsection 3 , an individual health insurance policy that provides coverage for a dependent child at certain ages only if the child is a student must continue that coverage if the child is unable to remain enrolled in school on a full-time basis due to a mental or physical illness or an accidental injury. This coverage may be terminated at the age at which coverage for students terminates under the terms of the policy. An insurer may require, as a condition of eligibility for continued coverage in accordance with this section, that the student provide written documentation from a health care provider and the student's school that the student is no longer enrolled in school on a full-time basis due to a mental or physical illness or accidental injury. [PL 2005, c. 532, §1 (NEW).]
24-A M.R.S. § 792 — ME Code / Title 24-A / Chapter 9 / Section 792
24-A §792. Dissolution
Status: in_force

A special purpose reinsurance vehicle operating under this subchapter may be dissolved at any time by a vote of its directors under section 790 and after the action has been approved by the superintendent. Voluntary dissolution may not be effected or allowed until and unless all of the obligations of the reinsurance vehicle pursuant to the insurance securitization or securitizations have been fully and finally satisfied pursuant to their terms. In the case of voluntary dissolution, the disposition of the affairs of the reinsurance vehicle, including the settlement of all outstanding obligations, must be made by the officers or directors of the reinsurance vehicle and when the liquidation has been completed and a final statement in acceptable form has been filed with and approved by the superintendent the provisions for voluntary dissolution under section 3484 must be followed to dissolve the reinsurance vehicle. [PL 2007, c. 386, §18 (AMD).]
24-A M.R.S. § 2913 — ME Code / Title 24-A / Chapter 39 / Section 2913
24-A §2913. When not applicable
Status: in_force

This subchapter shall not apply to any policy: [PL 1973, c. 339, §1 (NEW).]

1. Insured under an automobile assigned risk plan; [PL 1973, c. 339, §1 (NEW).]

2. Covering garage, automobile sales agency, repair shop, service station or public parking place operation hazards; [PL 1973, c. 339, §1 (NEW).]

3. Insuring more than 4 automobiles; [PL 1973, c. 339, §1 (NEW).]

4. Issued principally to cover personal or premises liability of an insured even though such insurance may also provide some incidental coverage for liability arising out of the ownership, maintenance or use of a motor vehicle on the premises of such insured or on the ways immediately adjoining the premises. [PL 1973, c. 339, §1 (NEW).]
24-A M.R.S. § 2319 — ME Code / Title 24-A / Chapter 25 / Section 2319
24-A §2319. Appeal by insureds as to filings
Status: in_force

1. Application to the superintendent. Any insured aggrieved with respect to any filing, rate, expense or premium level that is in effect may make a written application to the superintendent for a hearing. The application must specify the grounds to be relied upon by the applicant in asserting that the filing, rate, expense or premium level is unjust or unreasonable. A. [PL 1991, c. 885, Pt. B, §8 (RP); PL 1991, c. 885, Pt. B, §13 (AFF).] B. [PL 1991, c. 885, Pt. B, §8 (RP); PL 1991, c. 885, Pt. B, §13 (AFF).] [PL 1991, c. 885, Pt. B, §8 (RPR); PL 1991, c. 885, Pt. B, §13 (AFF).]

2. Responsive filing and hearing. If the superintendent finds that the application is made in good faith, that the applicant would be so aggrieved if the applicant's grounds were established and that such grounds otherwise justify holding a hearing, the superintendent shall, by written order, require that the insurer, advisory organization or rating organization prepare within 30 days a responsive filing containing information necessary, in the judgment of the superintendent, to review the application. A public hearing may be conducted and, if conducted, must be at least 30 days from the date the responsive filing is determined complete by the superintendent. A. [PL 1991, c. 885, Pt. B, §8 (RP); PL 1991, c. 885, Pt. B, §13 (AFF).] B. [PL 1991, c. 885, Pt. B, §8 (RP); PL 1991, c. 885, Pt. B, §13 (AFF).] C. [PL 1991, c. 885, Pt. B, §8 (RP); PL 1991, c. 885, Pt. B, §13 (AFF).] [PL 1991, c. 885, Pt. B, §8 (RPR); PL 1991, c. 885, Pt. B, §13 (AFF).]

3. If, after such a hearing, the superintendent finds that the filing, rate, expense or premium level does not meet the requirements of this chapter, the superintendent shall issue a final order specifying in what respects the superintendent finds that the filing fails to meet the requirements of this chapter, or is unjust and unreasonable, and stating when, within a reasonable period thereafter, the filing, rate, expense or premium level shall be changed, replaced or determined no longer effective. Copies of the order shall be sent to the applicant and to every insurer and rating or advisory organization. The order shall not affect any contract or policy made or issued prior to the expiration of the period set forth in the order. [PL 1989, c. 467, §1 (AMD); PL 1989, c. 797, §20 (AMD); PL 1989, c. 797, §§37, 38 (AFF).]
24-A M.R.S. § 4213 — ME Code / Title 24-A / Chapter 56 / Section 4213
24-A §4213. Regulation of agents
Status: in_force

The superintendent may, after notice and hearing pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II , promulgate such reasonable rules and regulations as are necessary to provide for the licensing of agents. An agent means a person directly or indirectly associated with a health maintenance organization who engages in solicitation or enrollment. [PL 1977, c. 694, §433 (AMD).]
24-A M.R.S. § 2323 — ME Code / Title 24-A / Chapter 25 / Section 2323
24-A §2323. Recording and reporting of loss and expense experience
Status: in_force

1. The superintendent, acting pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II , may promulgate reasonable rules and statistical plans, reasonably adopted to each of the rating systems on file , which may be modified from time to time and which shall be used thereafter by each insurer in the recording and reporting of its loss and countrywide expense experience, in order that the experience of all insurers be made available at least annually in such form and detail as may be necessary to aid the superintendent in determining whether rating systems comply with the standards set forth in section 2303 . Such rules and plans may also provide for the recording and reporting of expense experience items which are specially applicable to this State and are not susceptible of determination by a prorating of countrywide expense experience. The superintendent may also adopt reasonable rules for companies to use in recording and reporting to the superintendent their rates and other information determined to be necessary or appropriate for the administration of this chapter and the effectuation of its purposes. [PL 1989, c. 797, §26 (AMD); PL 1989, c. 797, §§37, 38 (AFF).]

2. In promulgating such rules and plans, the superintendent shall give due consideration to the rating systems on file with him, and in order that such rules and plans may be as uniform as is practicable among the several states, to the rules and to the form of the plans used for such rating systems in other states. No insurer shall be required to record or report its loss experience on a classification basis that is inconsistent with the rating system filed by it. [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]

3. The superintendent may designate one or more rating organizations, advisory organizations or other agencies to assist in gathering such experience and making compilations thereof, and such compilations shall be a public document. [PL 1989, c. 797, §27 (AMD); PL 1989, c. 797, §§37, 38 (AFF).]

4. Each insurer shall report its loss or expense experience to the lawful rating organization, advisory organization or agency of which it is a member or subscriber, but is not required to report its loss or expense experience to any rating organization, advisory organization or agency of which it is not a member or subscriber. Any insurer not reporting such experience to a rating organization, advisory organization or other agency may be required to report such experience to the superintendent. Any report of such experience of any insurer filed with the superintendent is confidential and may not be revealed by the superintendent to any other insurer or other person, but the superintendent may make compilations including such experience. [PL 2011, c. 320, Pt. A, §8 (AMD).]

5. Group self-insurer. As used in this section, "insurer" shall include: A. Insurer as defined in section 4 ; and [PL 1979, c. 658, §2 (NEW).] B. Group self-insurer as defined in Title 39‑A, section 403 . [PL 1991, c. 885, Pt. E, §28 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).] [PL 1991, c. 885, Pt. E, §28 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).]
24-A M.R.S. § 2168 — ME Code / Title 24-A / Chapter 23 / Section 2168
24-A §2168. Coercion in requiring insurance
Status: in_force

1. Prohibition against certain requirements. A person engaged in the business of financing the purchase of real or personal property or of lending money on the security of real or personal property may not require, as a condition to the financing or lending, or as a condition to the renewal or extension of any such loan or to the performance of any other act in connection with the financing or lending, that the purchaser or borrower, or the successors of the purchaser or borrower negotiate through a particular insurer or insurers, insurance agent or agents, broker or brokers, type of insurer or types of insurers, any policy of insurance or renewal thereof issued in connection with the extension of credit. For purposes of this section, the term "policy" includes, but is not limited to, any temporary contract or binder, by whatever name known, under the terms of which insurance coverage commences at a specified time, and continues until a finished policy is issued or the risk is declined and coverage is terminated. [PL 1997, c. 315, §21 (AMD).]

1-A. Prohibition against unreasonable burdens. A creditor or lender may not, in connection with the extension of credit, interfere with the free choice of a borrower or purchaser under subsection 1 by imposing any unreasonable time or burden on an insurance agent or broker not affiliated with the lender or creditor that is not also imposed on an insurance agent or broker who is affiliated with the lender or creditor. "Affiliate" has the same meaning as set forth in section 1443‑A, subsection 1, paragraph A with respect to financial institutions and credit unions and in Title 9‑A, section 4‑403 , with respect to supervised lenders. [PL 1999, c. 127, Pt. A, §39 (AMD).]

2. Approval of insurer; written criteria. This section does not prevent the exercise by any lender or creditor of its right to approve the insurer selected by the borrower on a reasonable nondiscriminatory basis related to the solvency and assessment policies of the insurer and its ability to service the policy. A lender or creditor who exercises its rights under this subsection shall establish written criteria for approving the insurer selected by the borrower and in the event the creditor or lender actually denies an insurer under that criteria the lender or creditor must provide verbal notice to the customer within 3 business days and written notice within 10 business days. Upon request by a licensed insurer, agent, broker or consultant, a customer, a lender or creditor must within 10 business days of receiving the request provide a copy of its written criteria for approving an insurer. [PL 1997, c. 315, §23 (AMD).]

2-B. Change of insurance carrier. A purchaser or borrower may change insurance carriers in connection with the extension of credit by a lender or creditor if the change does not violate a condition of the extension of credit regarding adequacy of coverage or other proper basis under subsection 2 or is otherwise prohibited by law. [PL 1997, c. 315, §24 (NEW).]

3. Violation. A person who violates this section commits a civil violation and is subject to civil penalties and other remedies as provided in section 12‑A . The Superior Court, on complaint by any person that this section is being violated, may issue an injunction against the violation and may hold in contempt and punish therefor in case of disregard of the injunction. [PL 2001, c. 421, Pt. B, §90 (AMD); PL 2001, c. 421, Pt. C, §1 (AFF).]
24-A M.R.S. § 6719 — ME Code / Title 24-A / Chapter 83 / Section 6719
24-A §6719. Laws applicable
Status: in_force

An insurance law of this State, other than described or referenced in this chapter, does not apply to a captive insurance company. This exclusion must be strictly construed so as to further the public policy in favor of providing alternative means for providing insurance coverage. [PL 2011, c. 90, Pt. I, §8 (AMD).]
24-A M.R.S. § 4444 — ME Code / Title 24-A / Chapter 57 / Section 4444
24-A §4444. Prevention of insolvencies
Status: in_force

To aid in the detection and prevention of insurer insolvencies: [PL 1969, c. 561 (NEW).]

1. Notification. The board of directors, upon majority vote, shall notify the superintendent of any information indicating that any member insurer may be insolvent or in a financial condition hazardous to policyholders or the public. [PL 1969, c. 561 (NEW); PL 1973, c. 585, §12 (AMD).]

2. Examination. The board of directors may, upon majority vote, request that the superintendent order an examination of any member insurer which the board in good faith believes may be in a financial condition hazardous to policyholders or the public. Within 30 days of the receipt of such request, the superintendent shall begin such examination. The cost of the examination shall be paid by the association and the examination report shall be treated as are other examination reports. In no event shall the examination report, or any portion thereof, be released to the board of directors prior to its release to the public, but this shall not preclude the superintendent from complying with subsection 3 . The superintendent shall notify the board of directors when the examination is completed. The request for an examination shall be kept on file by the superintendent but shall not be open to public inspection prior to the release of the examination report, or part thereof to the public, in accordance with section 227 . [PL 1969, c. 561 (NEW); PL 1973, c. 585, §12 (AMD).]

3. Report. The superintendent shall report to the board of directors when the superintendent has reasonable cause to believe that any member insurer examined or being examined at the request of the board of directors may be insolvent or in a financial condition hazardous to policyholders or the public. [RR 2021, c. 1, Pt. B, §389 (COR).]

4. Recommendations. The board of directors may, upon majority vote, make reports and recommendations to the superintendent upon any matter germane to the solvency, liquidation, rehabilitation or conservation of any member insurer. Such reports and recommendations shall not be considered public documents or be open to public inspection. [PL 1969, c. 561 (NEW); PL 1973, c. 585, §12 (AMD).]

5. Prevention. The board of directors may, upon majority vote, make recommendations to the superintendent for the detection and prevention of insurer insolvencies. [PL 1969, c. 561 (NEW); PL 1973, c. 585, §12 (AMD).]

6. Report. The board of directors shall, at the conclusion of any insurer insolvency in which the association was obligated to pay covered claims, prepare a report on the history and causes of such insolvency, based on the information available to the association, and submit such report to the superintendent. [PL 1987, c. 707, §11 (AMD).]
24-A M.R.S. § 3620 — ME Code / Title 24-A / Chapter 51 / Section 3620
24-A §3620. -- when assessment final; costs; control of funds and payment of assessments
Status: in_force

1. When an assessment or call has been ratified, ascertained or established as provided for in sections 3617 to 3619 , a decree shall be entered which shall be final and conclusive upon the insurer and all parties liable to the assessment or call as to the necessity of the same, the authority of the insurer to make or collect it, the amount thereof and all formalities connected therewith. Where an assessment or call is altered or amended by vote of directors and decree of the court thereon, such amended or altered assessment or call is binding upon all parties who would have been liable under it as originally made, and in all legal proceedings shall be held to be such original assessment or call. [PL 1969, c. 132, §1 (NEW).]

2. All proceedings shall be at the cost of the insurer, unless the court for cause otherwise orders. [PL 1969, c. 132, §1 (NEW).]

3. In all cases the court may control the disposal of the funds collected under these proceedings, and may issue all necessary processes to enforce the payment of such assessments against all persons liable therefor. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 7758 — ME Code / Title 24-A / Chapter 103 / Section 7758
24-A §7758. Federal preemption; statutory construction
Status: in_force

1. No less restrictive than federal law. This chapter may not be construed or applied to be less restrictive than federal law for a person or entity regulated by this chapter. [PL 2025, c. 388, Pt. P, §5 (NEW).]

2. No conflict with federal law and regulation or other laws of this State. This chapter may not be construed or applied in any manner that conflicts with: A. Applicable federal law and related regulations; or [PL 2025, c. 388, Pt. P, §5 (NEW).] B. Other laws of this State if the law is compatible with applicable federal law. [PL 2025, c. 388, Pt. P, §5 (NEW).] [PL 2025, c. 388, Pt. P, §5 (NEW).]
24-A M.R.S. § 6717 — ME Code / Title 24-A / Chapter 83 / Section 6717
24-A §6717. Redomestication; conversion to foreign insurer
Status: in_force

1. Transfer of domicile. A domestic captive insurance company, upon approval by the superintendent, may transfer its domicile to any other jurisdiction in accordance with the laws of that jurisdiction. [PL 1997, c. 435, §1 (NEW).]

2. Notice of intent to transfer required. Before transferring its domicile to any other jurisdiction and before the notice of change in domicile is transmitted to the Secretary of State, the domestic captive insurance company shall deliver to the superintendent a notice of intent to transfer, along with payment of a transfer fee of $500, and shall petition the superintendent to issue a certificate of transfer. [PL 1997, c. 435, §1 (NEW).]

3. Contents of notice. The notice of change in domicile, the certificate of transfer issued by the superintendent, the proof of redomestication and the filing fee of either $35 in the case of a company governed by Title 13‑C or $5 in the case of a company governed by Title 13‑B must be transmitted to the Secretary of State. The notice of the change in domicile must contain the following: A. Name of the corporation; [PL 1997, c. 435, §1 (NEW).] B. Dates that notice of the corporation's intent to transfer domicile from this State was published, once in each of 4 successive weeks in 4 publications in a newspaper of general circulation published in this State; [PL 1997, c. 435, §1 (NEW).] C. Date of the transfer of its domicile; and [PL 1997, c. 435, §1 (NEW).] D. State or country to which its domicile will be transferred. [PL 1997, c. 435, §1 (NEW).] [RR 2001, c. 2, Pt. B, §47 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).]

4. Effect of transfer. Upon any transfer authorized pursuant to this section, the captive insurance company ceases to be domiciled in this State, and its corporate or other legal existence in this State ceases upon the filing of the notice under this section by the Secretary of State. [PL 2009, c. 56, §20 (AMD).]
24-A M.R.S. § 1102 — ME Code / Title 24-A / Chapter 13 / Section 1102
24-A §1102. Eligible investments
Status: in_force

1. Insurers shall hereafter invest in or lend their funds on the security of and shall hold as eligible investments only those as prescribed in this chapter. [PL 1969, c. 177, §17 (AMD).]

2. Any particular investment held by an insurer on January 1, 1970, which was a legal investment at the time it was made, and which the insurer was legally entitled to possess immediately prior to such effective date, shall be deemed to be an eligible investment. [PL 1973, c. 625, §137 (AMD).]

3. Eligibility of an investment shall be determined as of the date of its making or acquisition, except as stated in subsection 2 , or in section 1131, subsection 2 , or section 1134 . [PL 1979, c. 458, §1 (AMD).]

4. Any investment limitation or diversification requirement based upon the amount of the insurer's assets or particular funds must relate to such assets or funds as shown by the insurer's annual or quarterly statement as of the statement date immediately preceding the date of acquisition of the investment by the insurer or as shown by a current applicable financial statement, prepared on the same basis as that annual or quarterly statement, resulting from merger with another insurer, bulk reinsurance or change in capitalization. [PL 2017, c. 169, Pt. A, §6 (AMD).]

5. Nothing in this chapter shall be deemed to prohibit an insurer from advancing funds to another insurer upon the type of agreement provided for in section 3415 (borrowed capital funds), and subject to the terms of such section 3415 . [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 2818 — ME Code / Title 24-A / Chapter 35 / Section 2818
24-A §2818. Statements in application
Status: in_force

There shall be a provision that all statements contained in any such application for insurance shall be deemed representations and not warranties. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 3706 — ME Code / Title 24-A / Chapter 52 / Section 3706
24-A §3706. Reports and information
Status: in_force

1. Annual report. In addition to any other reports required by this Title, the board shall submit an annual report to the Governor and the joint standing committee of the Legislature having jurisdiction over insurance matters indicating the business done by the company during the previous year and containing a statement of the resources and liabilities of the fund and any other information considered appropriate by the board. The report must contain, at a minimum, a summary of the latest annual statement required to be filed with the superintendent prepared in accordance with statutory accounting principles. [PL 1991, c. 885, Pt. C, §7 (AMD).]

2. Statistical and actuarial data. The company shall compile and maintain statistical and actuarial data related to the determination of proper premium rate levels, the incidence of work-related injuries, costs related to those injuries and any other data that the company considers desirable. The company shall provide this data to the Superintendent of Insurance, the Executive Director of the Workers' Compensation Board and the Department of Labor annually and upon request. [PL 2003, c. 608, §3 (AMD).]
24-A M.R.S. § 2613 — ME Code / Title 24-A / Chapter 31 / Section 2613
24-A §2613. Provisions required in group contracts
Status: in_force

No policy of group life insurance may be delivered in this State unless it contains in substance the provisions set forth in this section and sections 2614 to 2628 , or provisions which in the opinion of the superintendent are more favorable to the persons insured, or at least as favorable to the persons insured and more favorable to the policyholder, provided: [PL 1981, c. 150, §17 (RPR).]

1. That sections 2619 to 2623 and section 2628 do not apply to policies insuring the lives of debtors; [PL 1981, c. 150, §17 (RPR).]

2. That the standard provisions required for individual life insurance policies do not apply to group life insurance policies; and [PL 1981, c. 150, §17 (RPR).]

3. That if the group life insurance policy is on a plan of insurance other than the term plan, it contains a nonforfeiture provision or provisions which in the opinion of the superintendent is or are equitable to the insured persons and to the policyholder, but nothing herein may be construed to require that group life insurance policies contain the same nonforfeiture provisions as are required for individual life insurance policies. [PL 1981, c. 150, §17 (RPR).]
24-A M.R.S. § 2478 — ME Code / Title 24-A / Chapter 28 / Section 2478
24-A §2478. Rules and operating procedures, rule-making functions of the commission and opting out of uniform standards --   Article 7
Status: repealed

1. Rule-making authority. The commission shall promulgate reasonable rules, including uniform standards and operating procedures, in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding this subsection, in the event the commission exercises its rule-making authority in a manner that is beyond the scope of the purposes of this chapter or the powers granted under this chapter, then such an action by the commission is invalid and has no effect. [PL 2003, c. 680, §1 (NEW).]

2. Rule-making procedure. Rules and operating procedures must be made pursuant to a rule-making process that conforms to the Model State Administrative Procedure Act of 1981 as amended, as may be appropriate to the operations of the commission. Before the commission adopts a uniform standard, the commission shall give written notice to the relevant state legislative committee in each compacting state responsible for insurance issues of its intention to adopt the uniform standard. The commission in adopting a uniform standard shall consider fully all submitted materials and issue a concise explanation of its decision. [PL 2003, c. 680, §1 (NEW).]

3. Effective date and opting out of uniform standard. A uniform standard becomes effective 90 days after its promulgation by the commission or such later date as the commission may determine. A compacting state may opt out of a uniform standard as provided in subsection 4 . "Opt out" means any action by a compacting state to decline to adopt or participate in a promulgated uniform standard. All other rules and operating procedures, and amendments thereto, become effective as of the date specified in each rule, operating procedure or amendment. [PL 2003, c. 680, §1 (NEW).]

4. Procedure for opting out. A compacting state may opt out of a uniform standard either by legislation or regulation duly promulgated by the insurance department under the compacting state's administrative procedure act. If a compacting state elects to opt out of a uniform standard by regulation, it must give written notice to the commission no later than 10 business days after the uniform standard is promulgated, or at the time the state becomes a compacting state, and must find that the uniform standard does not provide reasonable protections to the citizens of the state, given the conditions in the state. The commissioner shall make specific findings of fact and conclusions of law, based on a preponderance of the evidence, detailing the conditions in the state that warrant a departure from the uniform standard and determining that the uniform standard would not reasonably protect the citizens of the state. The commissioner must consider and balance the following factors and find that the conditions in the state and needs of the citizens of the state outweigh: A. The intent of the legislature to participate in, and the benefits of, an interstate agreement to establish national uniform consumer protections for the products subject to this chapter; and [PL 2003, c. 680, §1 (NEW).] B. The presumption that a uniform standard adopted by the commission provides reasonable protections to consumers of the relevant product. [PL 2003, c. 680, §1 (NEW).] Notwithstanding this subsection, a compacting state may at the time of its enactment of this compact, prospectively opt out of all uniform standards involving long-term care insurance products by expressly providing for such an option in the enacted compact, and opting out may not be treated as a material variance in the offer or acceptance of any state to participate in this compact. Opting out is effective at the time of enactment of this compact by the compacting state and applies to all existing uniform standards involving long-term care insurance products and those subsequently promulgated. [PL 2003, c. 680, §1 (NEW).]

5. Effect of opting out. If a compacting state elects to opt out of a uniform standard, the uniform standard remains applicable in the compacting state electing to opt out until such time as the legislation opting out is enacted into law or the regulation opting out becomes effective. Once the opting out of a uniform standard by a compacting state becomes effective as provided under the laws of that state, the uniform standard has no further force and effect in that state unless and until the legislation or regulation implementing the opting out is repealed or otherwise becomes ineffective under the laws of the state. If a compacting state opts out of a uniform standard after the uniform standard has been made effective in that state, the opting out has the same prospective effect as provided under section 2485 for withdrawals. [PL 2003, c. 680, §1 (NEW).]

6. Stay of uniform standard. If a compacting state has formally initiated the process of opting out of a uniform standard by regulation, and while the regulatory opting out is pending, the compacting state may petition the commission, at least 15 days before the effective date of the uniform standard, to stay the effectiveness of the uniform standard in that state. The commission may grant a stay if it determines the regulatory opting out is being pursued in a reasonable manner and there is a likelihood of success. If a stay is granted or extended by the commission, the stay or extension may postpone the effective date by up to 90 days, unless the stay is affirmatively extended by the commission. A stay may not be permitted to remain in effect for more than one year unless the compacting state can show extraordinary circumstances that warrant a continuance of the stay, including, but not limited to, the existence of a legal challenge that prevents the compacting state from opting out. A stay may be terminated by the commission upon notice that the rule-making process has been terminated. [PL 2003, c. 680, §1 (NEW).]

7. Petition for judicial review of rule or operating procedure. Not later than 30 days after a rule or operating procedure is promulgated, any person may file a petition for judicial review of the rule or operating procedure. The filing of such a petition does not stay or otherwise prevent the rule or operating procedure from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the commission consistent with applicable law and may not find the rule or operating procedure to be unlawful if the rule or operating procedure represents a reasonable exercise of the commission's authority. [PL 2003, c. 680, §1 (NEW).]
24-A M.R.S. § 4443 — ME Code / Title 24-A / Chapter 57 / Section 4443
24-A §4443. Nonduplication of recovery
Status: in_force

1. Insurance policy. Any person having a claim against an insurer under any provision in an insurance policy, other than that of an insolvent insurer, which is also a covered claim, shall be required to exhaust first the person's right under the policy. Any amount otherwise payable on a covered claim under this subchapter shall be reduced by the amount of any recovery under the insurance policy. [PL 1987, c. 707, §10 (NEW).]

2. Governmental insurance. Any person having a claim or legal right of recovery under any governmental insurance, which is also a covered claim, shall be required to exhaust first that person's right under that insurance. Any amount payable on a covered claim under this subchapter shall be reduced by the amount of any recovery under that insurance. [PL 1987, c. 707, §10 (NEW).]

3. Insurance guaranty association. Any person having a claim which may be recovered from more than one insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured, except that, if it is a first party claim for damage to property with a permanent location, that person shall seek recovery first from the association of the location of the property, and, if it is a workers' compensation claim, that person shall seek recovery first from the association of the residence of the claimant. Any recovery under this subchapter shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent. [PL 1987, c. 707, §10 (NEW).]
24-A M.R.S. § 2845 — ME Code / Title 24-A / Chapter 35 / Section 2845
24-A §2845. Cardiac rehabilitation coverage
Status: in_force

1. Requirement. Every insurer which issues group health care contracts providing coverage for hospital care to residents of this State shall make available to groups of 20 or more persons, at the option of the policyholder, benefits as required by this section to any certificate holder or other person covered under those contracts for the expense of cardiac rehabilitation. [PL 1987, c. 293, §2 (NEW).]

2. Cardiac rehabilitation. "Cardiac rehabilitation" means multidisciplinary, medically necessary treatment of persons with documented cardiovascular disease, which shall be provided in either a hospital or other setting. That treatment shall include outpatient treatment which is initiated within 26 weeks after the diagnosis of that disease and physician-recommended continuance of Phase II rehabilitation services for up to 36 sessions in a hospital or community-based setting and up to 36 Phase III sessions in a community-based setting. [PL 1987, c. 293, §2 (NEW).]

3. Limitations. Benefits required to be made available pursuant to this section may be made subject to any reasonable limitation, maximum benefit, coinsurance, deductible or exclusion provisions applicable to overall benefits under the policy or certificate. [PL 1987, c. 293, §2 (NEW).]

4. Application. The requirements of this section shall apply to all policies and certificates executed, delivered, issued for delivery, continued or renewed in this State on or after January 1, 1988. For purposes of this section only, all group policies shall be deemed to be renewed no later than the next yearly anniversary of the contract date. [PL 1987, c. 293, §2 (NEW).]
24-A M.R.S. § 2484 — ME Code / Title 24-A / Chapter 28 / Section 2484
24-A §2484. Compacting states, effective date and amendment -- Article 13
Status: in_force

1. Any state eligible to become compacting state. Any state is eligible to become a compacting state. [PL 2003, c. 680, §1 (NEW).]

2. Effective dates for compact and commission. The compact becomes effective and binding upon legislative enactment by 2 compacting states. The commission becomes effective for purposes of adopting uniform standards for, reviewing and giving approval or disapproval of products filed with the commission only after 26 states are compacting states or, alternatively, after states representing more than 40% of the premium volume for life insurance, annuity, disability income and long-term care insurance products, based on records of the National Association of Insurance Commissioners for the prior year, are compacting states. Thereafter, it becomes effective and binding as to any other compacting state upon enactment of the compact into law by that state. [PL 2003, c. 680, §1 (NEW).]

3. Amendments to the compact. Amendments to the compact may be proposed by the commission for enactment by the compacting states. An amendment does not become effective and binding upon the commission and the compacting states unless and until all compacting states enact the amendment into law. [PL 2003, c. 680, §1 (NEW).]
24-A M.R.S. § 4107 — ME Code / Title 24-A / Chapter 55 / Section 4107
24-A §4107. Location of office -- place of meeting
Status: in_force

The principal office of any domestic society shall be located in this State. The meetings of its supreme legislative or governing body may be held in any state, district, province or territory wherein such society has at least 5 subordinate branches and all business transacted at such meetings shall be as valid in all respects as if such meetings were held in this State. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 4439 — ME Code / Title 24-A / Chapter 57 / Section 4439
24-A §4439. Plan of operation
Status: in_force

1. Submission. A. The association shall submit to the superintendent a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable and equitable administration of the association. The plan of operation and any amendments thereto shall become effective upon approval in writing by the superintendent. [PL 1969, c. 561 (NEW); PL 1973, c. 585, §12 (AMD).] B. If the association fails to submit a suitable plan of operation within 90 days following May 9, 1970 or if at any time thereafter the association fails to submit suitable amendments to the plan, the superintendent shall, after notice and hearing, adopt and promulgate such reasonable rules as are necessary or advisable to effectuate this subchapter. Such rules shall continue in force until modified by the superintendent or superseded by a plan submitted by the association and approved by the superintendent. [PL 1973, c. 625, §161 (AMD).] [PL 1973, c. 625, §161 (AMD).]

2. Complying. All member insurers shall comply with the plan of operation. [PL 1969, c. 561 (NEW).]

3. Plan. The plan of operation shall: A. Establish the procedures whereby all the powers and duties of the association under section 4438 will be performed. [PL 1969, c. 561 (NEW).] B. Establish procedures for handling assets of the association. [PL 1969, c. 561 (NEW).] C. Establish the amount and method of reimbursing members of the board of directors under section 4437 . [PL 1969, c. 561 (NEW).] D. Establish procedures by which claims may be filed with the association and establish acceptable forms of proof of covered claims. Notice of claims to the receiver or liquidator of the insolvent insurer shall be deemed notice to the association or its agent and a list of such claims shall be periodically submitted to the association or similar organization in another state by the receiver or liquidator. [PL 1969, c. 561 (NEW).] E. Establish regular places and times for meetings of the board of directors. [PL 1969, c. 561 (NEW).] F. Establish procedures for records to be kept of all financial transactions of the association, its agents, and the board of directors. [PL 1969, c. 561 (NEW).] G. Provide that any member insurer aggrieved by any final action or decision of the association may appeal to the superintendent within 30 days after the action or decision. [PL 1969, c. 561 (NEW); PL 1973, c. 585, §12 (AMD).] H. Establish the procedures whereby selections for the board of directors will be submitted to the superintendent. [PL 1969, c. 561 (NEW); PL 1973, c. 585, §12 (AMD).] I. Contain additional provisions necessary or proper for the execution of the powers and duties of the association. [PL 1969, c. 561 (NEW).] [PL 1973, c. 585, §12 (AMD).]

4. Provisions. The plan of operation may provide that any or all powers and duties of the association, except those under section 4438, subsection 1, paragraph C , and section 4438, subsection 2, paragraph B , are delegated to a corporation, association or other organization which performs or will perform functions similar to those of the association, or its equivalent, in 2 or more states. Such a corporation, association or organization shall be reimbursed as a servicing facility would be reimbursed and shall be paid for its performance of any other functions of the association. A delegation under this subsection shall take effect only with the approval of both the board of directors and the superintendent, and may be made only to a corporation, association or organization which extends protection not substantially less favorable and effective than that provided by this subchapter. [PL 1969, c. 561 (NEW); PL 1973, c. 585, §12 (AMD).]
24-A M.R.S. § 4350-E — ME Code / Title 24-A / Chapter 56-C / Section 4350-E
24-A §4350-E. Effective date
Status: in_force

This chapter takes effect January 1, 2020. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]
24-A M.R.S. § 4436 — ME Code / Title 24-A / Chapter 57 / Section 4436
24-A §4436. Creation of the association
Status: in_force

There is created a nonprofit unincorporated legal entity to be known as the Maine Insurance Guaranty Association. All insurers defined as member insurers in section 4435 shall be and remain members of the association as a condition of their authority to transact insurance in this State. The association shall perform its functions under a plan of operation established and approved under section 4439 and shall exercise its powers through a board of directors established under section 4437 . For purposes of administration and assessment, the association shall be divided into 3 separate accounts: [PL 1969, c. 561 (NEW).]

1. The workers' compensation insurance account; [PL 1987, c. 707, §7 (AMD).]

2. The automobile insurance account; except those insurers writing only automobile physical damage insurance, which shall be included in the all other insurance account; and [PL 1969, c. 561 (NEW).]

3. The account for all other insurance to which this subchapter applies. [PL 1969, c. 561 (NEW).]
24-A M.R.S. § 2850-D — ME Code / Title 24-A / Chapter 36 / Section 2850-D
24-A §2850-D. Rules
Status: in_force

Rules adopted pursuant to this chapter are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 1997, c. 445, §30 (NEW); PL 1997, c. 445, §32 (AFF).]
24-A M.R.S. § 418-A — ME Code / Title 24-A / Chapter 5 / Section 418-A
24-A §418-A. Order, notice of suspension or, revocation; publication; effect upon agents' authority
Status: in_force

1. All suspensions or revocations of, or refusals to continue, an insurer's certificate of authority shall be by the superintendent's order, given to the insurer by personal delivery or by certified or registered mail, addressed to the insurer at its last address of record with the superintendent. Notice by mail shall be deemed given when so mailed. [PL 1983, c. 419, §4 (NEW).]

2. Upon issuance of the order, the superintendent shall forthwith give notice thereof to the insurer's agents in this State of record in the bureau, and shall likewise suspend or revoke the authority of those agents to represent the insurer. [PL 1983, c. 419, §4 (NEW).]
24-A M.R.S. § 794 — ME Code / Title 24-A / Chapter 9 / Section 794
24-A §794. Not subject to guaranty funds; residual market or similar arrangements
Status: in_force

1. Guaranty funds. The special purpose reinsurance vehicle or the activities, assets and obligations relating to the reinsurance vehicle are not subject to the provisions of chapter 57, subchapter 3 or chapter 62 and a reinsurance vehicle may not be assessed by or otherwise be required to contribute to any guaranty fund or guaranty association in this State with respect to the activities, assets or obligations of a reinsurance vehicle or the ceding insurer. [PL 2003, c. 249, §2 (NEW).]

2. Residual market. The special purpose reinsurance vehicle may not be required to participate in any residual market, so-called "FAIR" plan or other similar plan to provide insurance coverage, take out policies, assume risks, make capital contributions, pay or be otherwise obligated for assessments, surcharges or fees or otherwise support or participate in such plans or arrangements. [PL 2003, c. 249, §2 (NEW).]
24-A M.R.S. § 4347 — ME Code / Title 24-A / Chapter 56-C / Section 4347
24-A §4347. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

1. Average wholesale price. "Average wholesale price" means the average wholesale price of a prescription drug as identified by a national drug pricing source selected by a health insurer. The average wholesale price must be identified by the 11‑digit national drug code, as amended from time to time, for the prescription drug dispensed for the quantity dispensed. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

2. Brand-name drug. "Brand‑name drug" means a prescription drug marketed under a proprietary name or registered trademark name, including a biological product. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

3. Carrier. "Carrier" has the same meaning as in section 4301‑A, subsection 3 , except that "carrier" does not include a multiple-employer welfare arrangement, as defined in section 6601, subsection 5 , if the multiple-employer welfare arrangement contracts with a 3rd-party administrator to manage and administer health benefits, including benefits for prescription drugs. "Carrier" also includes the MaineCare program pursuant to Title 22, chapter 855 and the group health plan provided to state employees and other eligible persons pursuant to Title 5, section 285 . [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

4. Compensation. "Compensation" means any direct or indirect financial benefit, including, but not limited to, rebates, discounts, credits, fees, grants, charge‑backs or other payments or benefits of any kind. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

5. Cost-sharing amount. "Cost‑sharing amount" means the amount paid by a covered person as required under the covered person's health plan for a prescription drug at the point of sale. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

6. Covered person. "Covered person" means a policyholder, subscriber, enrollee or other individual participating in a health plan. "Covered person" includes the authorized representative of a covered person. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

7. Dispensing fee. "Dispensing fee" means the professional fee incurred at the point of sale or service that pays for pharmacy costs, in excess of ingredient cost, associated with ensuring that possession of the appropriate prescription drug is transferred to a covered person. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

8. Formulary. "Formulary" means a list of prescription drugs covered by a health plan and any tier levels applicable to a prescription drug. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

9. Generic drug. "Generic drug" means a prescription drug, whether identified by its chemical, proprietary or nonproprietary name, that is not a brand‑name drug and is therapeutically equivalent to a brand‑name drug in dosage, safety, strength, method of consumption, quality, performance and intended use. "Generic drug" includes a biosimilar product. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

10. Health plan. "Health plan" has the same meaning as in section 4301‑A, subsection 7 . [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

11. Ingredient cost. "Ingredient cost" means the actual amount paid to a pharmacy provider by a carrier or the carrier's pharmacy benefits manager for a prescription drug, not including the dispensing fee or cost‑sharing amount. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

12. Mail order pharmacy. "Mail order pharmacy" means a pharmacy whose primary business is to receive prescriptions by mail, by fax or through electronic submissions and to dispense medication to covered persons through the use of the United States mail or other common or contract carrier services and that provides any consultation with patients electronically rather than face to face. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

13. Maximum allowable cost. "Maximum allowable cost" means the maximum amount a health insurer will pay for a generic drug or brand‑name drug that has at least one generic alternative available. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

14. Network pharmacy. "Network pharmacy" means a licensed retail pharmacy or other pharmacy provider that contracts with a pharmacy benefits manager. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

15. Pharmacy. "Pharmacy" means an established location, either physical or electronic, that is licensed by the State and that has entered into a network pharmacy contract with a pharmacy benefits manager or carrier. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

16. Pharmacy and therapeutics committee. "Pharmacy and therapeutics committee" means a committee, board or equivalent body established by a carrier to develop and maintain formularies. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

17. Pharmacy benefits manager. "Pharmacy benefits manager" means a person, business or other entity that, pursuant to a contract or under an employment relationship with a carrier, a self‑insurance plan or other 3rd‑party payer, either directly or through an intermediary, manages the prescription drug coverage provided by the carrier, self‑insurance plan or other 3rd‑party payer, including, but not limited to, processing and paying claims for prescription drugs, performing drug utilization review, processing drug prior authorization requests, adjudicating appeals or grievances related to prescription drug coverage, contracting with network pharmacies and controlling the cost of covered prescription drugs. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

18. Pharmacy provider. "Pharmacy provider" means a retail pharmacy, mail order pharmacy or licensed pharmacist. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

18-A. Plan sponsor. "Plan sponsor" has the same meaning as in section 1901, subsection 8 , except that "plan sponsor" does not include an employer that offers or provides a health plan that is insured by an insurer authorized to do business in this State. [PL 2025, c. 487, §2 (NEW).]

19. Retail pharmacy. "Retail pharmacy" means a chain pharmacy, a supermarket pharmacy, a mass merchandiser pharmacy, an independent pharmacy or a network of independent pharmacies that is licensed as a pharmacy by this State and that dispenses medications to the public. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]
24-A M.R.S. § 3959 — ME Code / Title 24-A / Chapter 54-A / Section 3959
24-A §3959. Designation for reinsurance
Status: in_force

1. Designation. The association shall provide reinsurance to a member insurer for a person designated for reinsurance by a member insurer, if the designation was made: A. By using the person's claims history or risk scores or any other reasonable means; [PL 2019, c. 653, Pt. B, §19 (AMD).] B. As a mandatory designation pursuant to subsection 2 on the basis of the existence or history of any medical or health condition on the list developed by the board pursuant to subsection 2 ; or [PL 2011, c. 621, §6 (NEW).] C. On the basis of an omission of material information from the health statement developed by the board pursuant to section 3955, subsection 1 , paragraph E or misrepresentation of the person's health status on the health statement. [PL 2011, c. 621, §6 (NEW).] [PL 2019, c. 653, Pt. B, §19 (AMD).]

2. Mandatory designation. The board shall develop a list of medical or health conditions for which a person must be designated for reinsurance by a member insurer. If a person's health statement, claims history or risk scores demonstrate the existence or history of any medical or health conditions on the list developed by the board at the time the plan is issued or when the person is added to the plan, the member insurer shall designate the person for reinsurance. The board may amend the list from time to time as appropriate. [PL 2011, c. 621, §6 (AMD).]

3. Enrolling additional persons. A member insurer may designate a person for reinsurance pursuant to this section when the person is added to an individual health plan. [PL 2011, c. 621, §6 (NEW).]

4. Designation effective date and premium. The designation of a person for reinsurance is effective as of the effective date of the primary coverage provided by the member insurer, except that the earliest effective date for any reinsurance is July 1, 2012. A member insurer's premium for reinsurance begins to accrue as of the effective date of the designation. [PL 2011, c. 621, §6 (NEW).]

5. Inapplicability. This section does not apply to reinsurance with respect to any calendar year for which the association operates a retrospective reinsurance program under section 3958, subsection 1, paragraph A‑1 . [PL 2019, c. 653, Pt. B, §20 (NEW).]
24-A M.R.S. § 705 — ME Code / Title 24-A / Chapter 9 / Section 705
24-A §705. "Property insurance" defined
Status: in_force

Property insurance is insurance on real or personal property of every kind and of every interest therein against loss or damage from any and all hazard or cause, and against loss consequential upon such loss or damage, other than noncontractual legal liability for any such loss or damage. Property insurance does not include title insurance, as defined in section 709 . [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 4370 — ME Code / Title 24-A / Chapter 57 / Section 4370
24-A §4370. Limitations on appointment of receiver; action by judgment creditor
Status: in_force

No order, judgment or decree enjoining, restraining or interfering with the prosecution of the business of any insurer or for the appointment of a temporary or permanent receiver of a domestic insurer shall be made or granted otherwise than upon the petition of the superintendent represented by the Attorney General as provided in this chapter. [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]
24-A M.R.S. § 4350-A — ME Code / Title 24-A / Chapter 56-C / Section 4350-A
24-A §4350-A. Responsibility to use compensation for benefit of covered persons
Status: in_force

1. Compensation used to reduce point-of-sale costs, improve benefits or lower premiums. All compensation remitted by or on behalf of a pharmaceutical manufacturer, developer or labeler, directly or indirectly, to a carrier, or to a pharmacy benefits manager under contract with a carrier, related to its prescription drug benefits must be: A. Remitted directly to the covered person at the point of sale to reduce the out-of-pocket cost to the covered person associated with a particular prescription drug; or [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).] B. Remitted to, and retained by, the carrier. Compensation remitted to the carrier must be applied by the carrier in its plan design and in future plan years to offset the premium for covered persons. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).] [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]

2. Compliance. Beginning March 1, 2021 and annually thereafter, a carrier shall file with the superintendent a report in the manner and form determined by the superintendent demonstrating how the carrier has complied with this section. [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]
24-A M.R.S. § 3157 — ME Code / Title 24-A / Chapter 44 / Section 3157
24-A §3157. Wellness programs
Status: in_force

1. Marketing. An insurer or insurance producer may not: A. Market a wellness program as pet insurance; or [PL 2021, c. 562, §1 (NEW).] B. Market a wellness program during the sale, solicitation or negotiation of pet insurance. [PL 2021, c. 562, §1 (NEW).] [PL 2021, c. 562, §1 (NEW).]

2. Sale of wellness program. If a wellness program is sold by an insurer or insurance producer, the following requirements apply: A. The purchase of a wellness program may not be a requirement of the purchase of pet insurance; [PL 2021, c. 562, §1 (NEW).] B. The costs of a wellness program must be separate and identifiable from any pet insurance policy sold by an insurer or insurance producer; [PL 2021, c. 562, §1 (NEW).] C. The terms and conditions for a wellness program must be separate from any pet insurance policy sold by an insurer or insurance producer; [PL 2021, c. 562, §1 (NEW).] D. The products or coverages available through a wellness program may not duplicate products or coverages available through the pet insurance policy; and [PL 2021, c. 562, §1 (NEW).] E. The advertising of a wellness program may not be misleading and must differentiate the wellness program from pet insurance. [PL 2021, c. 562, §1 (NEW).] [PL 2021, c. 562, §1 (NEW).]

3. Disclosure. An insurer or insurance producer shall clearly disclose the following to consumers of wellness program products, printed in 12-point boldface type: A. That wellness programs are not insurance; [PL 2021, c. 562, §1 (NEW).] B. The bureau's mailing address and toll-free telephone number and a link to the bureau's publicly accessible website; and [PL 2021, c. 562, §1 (NEW).] C. The address and customer service telephone number of the insurer or the producer of record. [PL 2021, c. 562, §1 (NEW).] [PL 2021, c. 562, §1 (NEW).]

4. Wellness benefits. Any coverages included in a pet insurance policy contract described as "wellness benefits" are considered insurance. If a wellness program undertakes to indemnify another party, pays a specified amount upon determinable contingencies or provides coverage for a fortuitous event, it is transacting the business of insurance and is subject to the requirements of this Title, except that a contract directly between a service provider and a pet owner that involves only those 2 parties is not transacting the business of insurance unless other indications of insurance also exist. [PL 2021, c. 562, §1 (NEW).]
24-A M.R.S. § 1118 — ME Code / Title 24-A / Chapter 13 / Section 1118
24-A §1118. Acceptances, bills of exchange
Status: in_force

An insurer may invest in bank and bankers' acceptances and other bills of exchange of the kind and maturities made eligible, pursuant to law, for purchase in the open market by federal reserve banks. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 2707 — ME Code / Title 24-A / Chapter 33 / Section 2707
24-A §2707. Grace period
Status: in_force

There shall be a provision as follows: [PL 1969, c. 132, §1 (NEW).]

A grace period of . . . . ., insert a number not less than "7" for weekly premium policies, "10" for monthly premium policies and "31" for all other policies, days will be granted for the payment of each premium falling due after the first premium, during which grace period the policy shall continue in force. [PL 1969, c. 132, §1 (NEW).]

A policy in which the insurer reserves the right to refuse any renewal shall have, at the beginning of the above provision: [PL 1969, c. 132, §1 (NEW).]

Unless not less than 30 days prior to the premium due date the insurer has delivered to the insured or has mailed to the insured's last address as shown by the records of the company written notice of its intention not to renew this policy beyond the period for which the premium has been accepted. [RR 2021, c. 1, Pt. B, §237 (COR).]
24-A M.R.S. § 2326 — ME Code / Title 24-A / Chapter 25 / Section 2326
24-A §2326. False or misleading information
Status: in_force

1. No person or organization shall wilfully withhold information from, or knowingly give false or misleading information to: A. The superintendent; [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).] B. Any statistical agency designated by the superintendent; or [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).] C. Any rating or advisory organization, or any insurer which will affect the rates or premiums chargeable under this chapter. [PL 1989, c. 797, §31 (AMD); PL 1989, c. 797, §§37, 38 (AFF).] [PL 1989, c. 797, §31 (AMD); PL 1989, c. 797, §§37, 38 (AFF).]

2. A violation of this section shall subject the one guilty of such violation to the penalties provided in section 2329 . [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 2816 — ME Code / Title 24-A / Chapter 35 / Section 2816
24-A §2816. Requirements
Status: in_force

No policy of group or blanket health insurance shall, except as provided in section 2829 , be delivered or issued for delivery in this State, unless the policy contains in substance each and all of the provisions set forth in sections 2817 to 2828 , or provisions which in the opinion of the superintendent are more favorable to the holders of such certificates or not less favorable to the holders of such certificates and more favorable to policyholders. Insurers offering policies under this chapter shall offer to certificate holders the right of review and arbitration set forth in section 2747, subsection 1 , with respect to denials of medical expense reimbursement benefits based upon the grounds set forth in section 2747, subsection 2 , except that the requirement of section 2747, subsection 1 shall not apply to certificate holders in groups subject to the United States Employee Retirement Income Security Act of 1974, Public Law 93-406, as amended, or to any policy or certificate holder to whom the insurer voluntarily extends a review similar to that which it provides to persons insured under group policies subject to that Act. [PL 1981, c. 698, §110 (AMD).]
24-A M.R.S. § 4610 — ME Code / Title 24-A / Chapter 62 / Section 4610
24-A §4610. Plan of operation
Status: in_force

1. Establishment of plan. A plan of operation shall be established as follows. A. The association shall submit to the superintendent a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable and equitable administration of the association. The plan of operation and any amendments thereto shall become effective upon approval in writing by the superintendent. [PL 1983, c. 846 (NEW).] B. If the association fails to submit a suitable plan of operation within 180 days following the effective date of this chapter or if at any time thereafter the association fails to submit suitable amendments to the plan, the superintendent shall, after notice and hearing, adopt and promulgate such reasonable rules as are necessary or advisable to effectuate the provisions of this chapter. These rules shall continue in force until modified by the superintendent or superseded by a plan submitted by the association and approved by the superintendent. [PL 1983, c. 846 (NEW).] [PL 1983, c. 846 (NEW).]

2. Compliance. All member insurers shall comply with the plan of operation. [PL 1983, c. 846 (NEW).]

3. Requirements of plan. The plan of operation shall, in addition to requirements enumerated elsewhere in this chapter: A. Establish procedures for handling the assets of the association; [PL 1983, c. 846 (NEW).] B. Establish the amount and method of reimbursing members of the board of directors under section 4607 ; [PL 1983, c. 846 (NEW).] C. Establish regular places and times for meetings of the board of directors; [PL 1983, c. 846 (NEW).] D. Establish procedures for records to be kept of all financial transactions of the association, its agents and the board of directors; [PL 1983, c. 846 (NEW).] E. Establish the procedures whereby selections for the board of directors will be made and submitted to the superintendent; [PL 1983, c. 846 (NEW).] F. Establish any additional procedures for assessments under section 4609 ; and [PL 1983, c. 846 (NEW).] G. Contain additional provisions necessary or proper for the execution of the powers and duties of the association. [PL 1983, c. 846 (NEW).] [PL 1983, c. 846 (NEW).]

4. Delegation of association powers and duties. The plan of operation may provide that any or all powers and duties of the association, except those under section 4608, subsection 11, paragraph C and section 4609 , are delegated to a corporation, association or other organization which performs or will perform functions similar to those of this association, or its equivalent, in 2 or more states. Such a corporation, association or organization shall be reimbursed for any payments made on behalf of the association and shall be paid for its performance of any function of the association. A delegation under this paragraph shall take effect only with the approval of both the board of directors and the superintendent and may be made only to a corporation, association or organization which extends protection not substantially less favorable and effective than that provided by this chapter. [PL 1983, c. 846 (NEW).]
24-A M.R.S. § 2176 — ME Code / Title 24-A / Chapter 23 / Section 2176
24-A §2176. Funeral and burial service contracts
Status: in_force

An insurer may not contract or agree with any funeral practitioner, funeral establishment, mortuary establishment, cemetery, cemetery corporation or association, crematorium, mausoleum or columbarium or any representative of any of these practitioners or establishments to the effect that the practitioner or establishment must conduct the funeral, burial or cremation or other disposal of the remains of any individual insured by the insurer. This section does not prevent compliance with Title 39‑A, section 216 or the use of an insurance policy, including, subject to the provisions of section 2420 , the assignment of rights under life insurance contracts, to provide security for the payment for a funeral, burial or cremation or, subject to chapter 27 , the naming of a funeral establishment or funeral practitioner as beneficiary under a life insurance policy to provide payment for a funeral, burial or cremation. This section does not prohibit the use of an insurance policy as an investment by a mortuary trustee pursuant to Title 32, section 1401 . [PL 2025, c. 203, §1 (AMD).]
24-A M.R.S. § 2003 — ME Code / Title 24-A / Chapter 19 / Section 2003
24-A §2003. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2011, c. 331, §3 (NEW); PL 2011, c. 331, §§16, 17 (AFF).]

1. "Producer" means a producer with surplus lines authority duly licensed as such under this chapter. [PL 2011, c. 331, §3 (AMD); PL 2011, c. 331, §§16, 17 (AFF).]

2. To "export" means to place insurance in a nonadmitted insurer under this Surplus Lines Law. [PL 2011, c. 331, §3 (AMD); PL 2011, c. 331, §§16, 17 (AFF).]

3. "Admitted insurer'' means an insurer licensed to engage in the business of insurance in this State. [PL 2011, c. 331, §3 (NEW); PL 2011, c. 331, §§16, 17 (AFF).]

4. "Affiliate'' means, with respect to an insured, any entity that controls, is controlled by or is under common control with the insured. [PL 2011, c. 331, §3 (NEW); PL 2011, c. 331, §§16, 17 (AFF).]

5. "Affiliated group'' means any group of affiliates. [PL 2011, c. 331, §3 (NEW); PL 2011, c. 331, §§16, 17 (AFF).]

6. "Exempt commercial purchaser'' means an exempt commercial purchaser as defined by the federal Nonadmitted and Reinsurance Reform Act of 2010, Public Law 111-203, Section 527. [PL 2011, c. 331, §3 (NEW); PL 2011, c. 331, §§16, 17 (AFF).]

7. "Home state'' means: A. With respect to an insured: (1) The state in which an insured maintains its principal place of business or, in the case of an individual, the individual's principal residence; or (2) If 100% of the insured risk is located out of the state referred to in subparagraph 1, the state to which the greatest percentage of the insured's taxable premium for that insurance contract is allocated; or [PL 2011, c. 331, §3 (NEW); PL 2011, c. 331, §§16, 17 (AFF).] B. With respect to an affiliated group, if more than one of the insureds from an affiliated group are named insureds on a single nonadmitted insurance contract, the home state, as determined pursuant to paragraph A , of the member of the affiliated group that has the largest percentage of premium attributed to it under that insurance contract. [PL 2011, c. 331, §3 (NEW); PL 2011, c. 331, §§16, 17 (AFF).] [PL 2011, c. 331, §3 (NEW); PL 2011, c. 331, §§16, 17 (AFF).]

8. "Nonadmitted insurance'' means any insurance permitted to be placed through a surplus lines producer with a nonadmitted insurer eligible to accept that insurance. [PL 2025, c. 348, §14 (AMD).]

9. ''Nonadmitted insurer'' means an insurer not licensed to engage in the business of insurance in this State. "Nonadmitted insurer" does not include a risk retention group, as that term is defined in section 6093, subsection 13 . [PL 2011, c. 331, §3 (NEW); PL 2011, c. 331, §§16, 17 (AFF).]
24-A M.R.S. § 3626 — ME Code / Title 24-A / Chapter 51 / Section 3626
24-A §3626. Annual statement by directors
Status: in_force

The directors of every insurer shall cause a detailed account of its expenses for the year preceding, the amount of property actually insured at that time, the amount due on its premium notes and the amount of all debts due to and from the insurer to be laid before the policyholders at the annual meeting. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 6307 — ME Code / Title 24-A / Chapter 75 / Section 6307
24-A §6307. Qualifications for premium assistance
Status: in_force

1. Eligibility qualifications. A physician is a qualified physician eligible to participate in the program if that physician: A. Is licensed to practice medicine in the State; [PL 1989, c. 931, §5 (NEW).] B. Accepts and serves Medicaid patients; [PL 1989, c. 931, §5 (NEW).] C. Provides complete obstetrical care for patients, including prenatal care and delivery, provided that physicians in an underserved area without a facility for obstetrical delivery are still eligible if they provide only prenatal care and have referral agreements for delivery with a physician meeting the requirements of paragraphs A and B ; and [PL 1989, c. 931, §5 (NEW).] D. Practices at least 50% of the time in areas of the State that are underserved areas for obstetrical and prenatal medical services as determined by the Department of Health and Human Services. [RR 2015, c. 1, §31 (COR).] The Commissioner of Health and Human Services shall determine those physicians who meet the requirements of this subsection. The commissioner shall adopt rules, pursuant to the Maine Administrative Procedure Act, determining underserved areas with respect to obstetrical and prenatal care. "Underserved areas" includes medically underserved areas, health manpower shortage areas and other priority areas determined by the commissioner. The commissioner may adopt rules pursuant to the Maine Administrative Procedure Act defining the scope of services that must be provided to meet the requirements of paragraphs B and C and the method of prioritizing underserved areas for purposes of distribution of the funds authorized by section 6308 . [RR 2015, c. 1, §31 (COR).]

2. Ineligible if premium owed. Any physician or physician's employer who owes premiums to any insurer for any policy year prior to the year that participation in the program is sought is not eligible to participate. [PL 1991, c. 734, §5 (AMD).]
24-A M.R.S. § 2518 — ME Code / Title 24-A / Chapter 29 / Section 2518
24-A §2518. Grace period -- annuities
Status: in_force

In an annuity or pure endowment contract, other than a reversionary, survivorship or group annuity, there shall be a provision that there shall be a period of grace of one month, but not less than 30 days, within which any stipulated payment to the insurer falling due after the first may be made, subject at the option of the insurer to an interest charge thereon at a rate to be specified in the contract but not exceeding 6% per annum for the number of days of grace elapsing before such payment, during which period of grace the contract shall continue in full force; but in case a claim arises under the contract on account of death prior to expiration of the period of grace before the overdue payment to the insurer or the deferred payments of the current contract year, if any, are made, the amount of such payments, with interest on any overdue payments, may be deducted from any amount payable under the contract in settlement. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 2621 — ME Code / Title 24-A / Chapter 31 / Section 2621
24-A §2621. Conversion on termination of eligibility
Status: in_force

There must be a provision that if the insurance, or any portion of it, on a person covered under the policy or on the dependent of a person covered, ceases because of termination of employment or of membership in the class or classes eligible for coverage under the policy, such person is entitled to have issued to the person by the insurer, without evidence of insurability, an individual policy of life insurance without disability or other supplementary benefits, as long as application for the individual policy is made, and the first premium paid to the insurer, within 31 days after such termination, and: [RR 2021, c. 1, Pt. B, §231 (COR).]

1. The individual policy shall, at the option of such person, be on any one of the forms then customarily issued by the insurer at the age and for the amount applied for, except that the group policy may exclude the option to elect term insurance; [PL 1981, c. 150, §24 (AMD).]

2. The individual policy shall be in an amount not in excess of the amount of life insurance which ceases because of such termination less the amount of any life insurance for which such person is or becomes eligible under the same or any other group policy within 31 days after such termination; provided, that any amount of insurance which shall have matured on or before the date of such termination as an endowment payable to the person insured, whether in one sum or in installments or in the form of an annuity, shall not, for the purposes of this provision, be included in the amount which is considered to cease because of such termination; and [PL 1969, c. 132, §1 (NEW).]

3. The premium on the individual policy must be at the insurer's then customary rate applicable to the form and amount of the individual policy, to the class of risk to which such person then belongs, and to the person's age attained on the effective date of the individual policy. [RR 2021, c. 1, Pt. B, §232 (COR).]

Subject to the same conditions set forth in this section, the conversion privilege shall be available: To a surviving dependent, if any, at the death of the employee or member, with respect to the coverage under the group policy which terminates by reason of the death; and to the dependent of the employee or member upon termination of coverage of the dependent, while the employee or member remains insured under the group policy, by reason of the dependent ceasing to be a qualified family member under the group policy. [PL 1981, c. 150, §25 (NEW).]
24-A M.R.S. § 2839-A — ME Code / Title 24-A / Chapter 35 / Section 2839-A
24-A §2839-A. Notice of rate increase
Status: in_force

1. Notice of rate increase on existing policies. An insurer offering group health insurance, except for accidental injury, specified disease, hospital indemnity, disability income, Medicare supplement, long-term care or other limited benefit group health insurance, must provide written notice by mail or electronically of a rate increase to all affected policyholders or others who are directly billed for group coverage at least 60 days before the effective date of any increase in premium rates. An increase in premium rates may not be implemented until 60 days after the notice is provided. For small group health plan rates subject to section 2808‑B, subsection 2‑B , if the increase is pending approval at the time of notice, the disclosure must state that the increase is subject to regulatory approval. [PL 2011, c. 90, Pt. F, §2 (AMD).]

1-A. Notice of rate increase on existing policies renewed in calendar year 2006. [PL 2005, c. 400, Pt. A, §2 (NEW); MRSA T. 24-A §2839-A, sub-§1-A (RP).]

2. Notice of rate increase on new business. When an insurer offering group health insurance, except for accidental injury, specified disease, hospital indemnity, disability income, Medicare supplement, long-term care or other limited benefit group health insurance, quotes a rate for new business, it must disclose any rate increase that the insurer anticipates implementing within the following 90 days. If the quote is in writing, the disclosure must also be in writing. If such disclosure is not provided, an increase may not be implemented until at least 90 days after the date the quote is provided. For small group health plan rates subject to section 2808‑B, subsection 2‑B , if the increase is pending approval at the time of notice, the disclosure must state that the increase is subject to regulatory approval. [PL 2005, c. 121, Pt. F, §1 (AMD).]

3. Notice of rate increase on new business for calendar year 2006. [PL 2005, c. 400, Pt. A, §2 (NEW); MRSA T. 24-A §2839-A, sub-§3 (RP).]
24-A M.R.S. § 3855 — ME Code / Title 24-A / Chapter 53 / Section 3855
24-A §3855. Attorney
Status: in_force

1. "Attorney", as used in this chapter, refers to the attorney-in-fact of a reciprocal insurer. The attorney may be an individual, firm or corporation. [PL 1969, c. 132, §1 (NEW).]

2. The attorney of a foreign reciprocal insurer, which insurer is duly authorized to transact insurance in this State, shall not, by virtue of discharge of its duties as such attorney with respect to the insurer's transactions in this State, be thereby deemed to be doing business in this State within the meaning of any laws of this State applying to foreign persons, firms or corporations. [PL 1969, c. 132, §1 (NEW).]

3. The subscribers and the attorney-in-fact comprise a reciprocal insurer and a single entity for the purposes of chapter 7 as to all operations under the insurer's certificate of authority. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 761 — ME Code / Title 24-A / Chapter 9 / Section 761
24-A §761. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1993, c. 603 (NEW).]

1. Assuming insurer. "Assuming insurer" means the insurer that acquires an insurance obligation or risk from the transferring insurer pursuant to an assumption reinsurance agreement. [PL 1993, c. 603 (NEW).]

2. Assumption reinsurance agreement. "Assumption reinsurance agreement" means a contract that both: A. Transfers insurance obligations or risks of existing or in-force contracts of insurance from a transferring insurer to an assuming insurer; and [PL 1993, c. 603 (NEW).] B. Is intended to effect a novation of the transferred contract of insurance with the result that the assuming insurer becomes directly liable to the policyholders of the transferring insurer and the transferring insurer's insurance obligations or risks under the contracts are extinguished. [PL 1993, c. 603 (NEW).] [PL 1993, c. 603 (NEW).]

3. Contract of insurance. "Contract of insurance" means a written agreement between an insurer and policyholder pursuant to which the insurer, in exchange for premium or other consideration, agrees to assume an obligation or risk of the policyholder or to make payments on behalf of, or to, the policyholder or its beneficiaries. Contract of insurance may include property, casualty, life, health, accident, surety, title and annuity business authorized to be written pursuant to the insurance laws of this State. [PL 1993, c. 603 (NEW).]

4. Home service business. "Home service business" means insurance business on which premiums are collected on a weekly or monthly basis by an agent of the insurer. [PL 1993, c. 603 (NEW).]

5. Notice of transfer. "Notice of transfer" means the written notice to policyholders required by section 764, subsection 1 . [PL 1993, c. 603 (NEW).]

6. Policyholder. "Policyholder" means an individual or entity that has the right to terminate or otherwise alter the terms of a contract of insurance. It includes a certificateholder whose certificate is in force on the proposed effective date of the assumption, if the certificateholder has the right to keep the certificate in force without change in benefit following termination of the group policy. The right to keep the certificate in force referred to in this section does not include the right to elect individual coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985, COBRA, of the Employee Retirement Income Security Act of 1974, as amended, 29 United States Code, Section 1161 to 1168. [PL 1993, c. 603 (NEW).]

7. Transferring insurer. "Transferring insurer" means the insurer that transfers an insurance obligation risk to an assuming insurer pursuant to an assumption reinsurance agreement. [PL 1993, c. 603 (NEW).]
24-A M.R.S. § 2717 — ME Code / Title 24-A / Chapter 33 / Section 2717
24-A §2717. Right to examine and return policy
Status: in_force

1. Except as to nonrenewable accident policies and individual credit health insurance policies, every individual health insurance policy shall contain a provision therein or in a separate rider attached thereto when delivered, stating in substance that the person to whom the policy is issued shall be permitted to return the policy within 10 days of its delivery to such person and to have a refund of the premium paid if after examination of the policy the purchaser is not satisfied with it for any reason. The provision shall be set forth in the policy under an appropriate caption, and if not so printed on the face page of the policy adequate notice of the provision shall be printed or stamped conspicuously on the face page. [PL 1969, c. 132, §1 (NEW).]

2. The policy may be so returned to the insurer at its home or branch office to the agent through whom it was applied for, and thereupon shall be void as from the beginning and as if the policy had not been issued. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 2719 — ME Code / Title 24-A / Chapter 33 / Section 2719
24-A §2719. Change of occupation
Status: in_force

There may be a provision as follows: Change of occupation: If the insured be injured or contract sickness after having changed the insured's occupation to one classified by the company as more hazardous than that stated in this policy or while doing for compensation anything pertaining to an occupation so classified, the insurer will pay only such portion of the indemnities provided in this policy as the premium paid would have purchased at the rates and within the limits fixed by the insurer for such more hazardous occupation. If the insured changes the insured's occupation to one classified by the insurer as less hazardous than that stated in this policy, the insurer, upon receipt of proof of such change of occupation, will reduce the premium rate accordingly, and will return the excess pro rata unearned premium from the date of change of occupation or from the policy anniversary date immediately preceding receipt of such proof, whichever is the more recent. In applying this provision, the classification of occupational risk and the premium rates must be such as have been last filed by the insurer prior to the occurrence of the loss for which the insurer is liable or prior to date of proof of change in occupation with the state official having supervision of insurance in the state where the insured resided at the time this policy was issued; but if such filing was not required, then the classification of occupational risk and the premium rates must be those last made effective by the insurer in such state prior to the occurrence of the loss or prior to the date of proof of change in occupation. [RR 2021, c. 1, Pt. B, §239 (COR).]
24-A M.R.S. § 3605 — ME Code / Title 24-A / Chapter 51 / Section 3605
24-A §3605. Formation of new assessment plan insurers
Status: in_force

Assessment plan insurers must be formed under the applicable provisions of sections 3306 (incorporation of domestic stock, mutual insurers) to 3309 (completion of incorporation; general powers, duties), except that the articles of incorporation of the corporation must stipulate that the corporation is formed to transact insurance on the assessment plan and other provisions contained in the certificate must be consistent with the applicable provisions of this chapter. [PL 2013, c. 299, §20 (AMD).]
24-A M.R.S. § 4319-B — ME Code / Title 24-A / Chapter 56-A / Section 4319-B
24-A §4319-B. Medical loss ratio reporting for dental insurance plans
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Dental plan" means a plan providing dental care services to an enrollee who is insured by a carrier. "Dental plan" does not include: (1) A health plan with embedded dental benefits offered by a carrier; (2) A self-funded employer group health or dental plan, including the group health plan or dental plan provided pursuant to Title 5, section 285 if that health plan or dental plan is self-funded in any given year; or (3) A plan providing dental care services determined by the superintendent to be a noncredible plan. [PL 2021, c. 529, §1 (NEW); PL 2021, c. 529, §2 (AFF).] B. Notwithstanding section 4301‑A, subsection 5 , "enrollee" means an individual who is enrolled in an individual or group dental plan. [PL 2021, c. 529, §1 (NEW); PL 2021, c. 529, §2 (AFF).] [PL 2021, c. 529, §1 (NEW); PL 2021, c. 529, §2 (AFF).]

2. Dental loss ratio defined. For purposes of this section, the dental loss ratio is the ratio of the numerator to the denominator as described in paragraphs A and B , respectively. For purposes of this subsection: A. The numerator is the sum of: (1) The amount expended for clinical dental services provided to enrollees as defined in rule in accordance with subsection 3 ; (2) The amount expended on activities that improve dental care quality as defined in rule in accordance with subsection 4 ; and (3) The amount of claims payments identified through fraud reduction efforts; and [PL 2021, c. 529, §1 (NEW); PL 2021, c. 529, §2 (AFF).] B. The denominator is the total amount of premium revenue, excluding federal and state taxes and licensing and regulatory fees paid and after accounting for any payments pursuant to federal law. [PL 2021, c. 529, §1 (NEW); PL 2021, c. 529, §2 (AFF).] The numerator described in paragraph A may not include administrative cost expenditures as defined in rule in accordance with subsection 5 . [PL 2021, c. 529, §1 (NEW); PL 2021, c. 529, §2 (AFF).]

3. Expenditures for clinical dental services. The superintendent shall define "clinical dental services" in rule to be consistent with similar expenditures for clinical services used for reporting of medical loss ratio by carriers offering health plans in the State. [PL 2021, c. 529, §1 (NEW); PL 2021, c. 529, §2 (AFF).]

4. Activities that improve dental care quality. The superintendent shall define "activities that improve dental care quality" in rule to be consistent with similar activities related to quality that are permitted for reporting of medical loss ratio by carriers offering health plans in this State such as case management; oral health assessments; identifying and addressing ethnic, cultural or racial disparities in effectiveness of best clinical practices and evidence-based medicine; quality reporting; and health information technology. [PL 2021, c. 529, §1 (NEW); PL 2021, c. 529, §2 (AFF).]

5. Administrative cost expenditures. The superintendent shall define "administrative cost expenditures" in rule to be consistent with similar cost expenditures used for reporting of medical loss ratio by carriers offering health plans in the State such as financial administrative expenses, marketing and sales expenses, commissions, distribution expenses, claims operations expenses, utilization review expenses, network operations expenses, charitable expenses, board, bureau or association fees and payroll expenses. [PL 2021, c. 529, §1 (NEW); PL 2021, c. 529, §2 (AFF).]

6. Dental loss ratio reporting. Beginning in 2023, on or before July 31st annually, a carrier offering a dental plan in effect during the preceding calendar year shall file a report with the bureau of the carrier's dental loss ratio for the preceding calendar year organized by market segment according to guidance issued by the superintendent. A. Within 90 days of receiving any report required under this subsection, the superintendent shall post the report on the bureau's publicly accessible website. [PL 2021, c. 529, §1 (NEW); PL 2021, c. 529, §2 (AFF).] B. If verification of information contained in a report filed under this subsection is necessary, the carrier has 30 days to submit any information required by the superintendent. [PL 2021, c. 529, §1 (NEW); PL 2021, c. 529, §2 (AFF).] C. For the initial report filed by a carrier on or before July 31, 2023, the carrier shall include dental loss ratio information for calendar years 2020 and 2021 in addition to information for calendar year 2022. [PL 2021, c. 529, §1 (NEW); PL 2021, c. 529, §2 (AFF).] [PL 2021, c. 529, §1 (NEW); PL 2021, c. 529, §2 (AFF).]

7. Average dental loss ratio; identifying dental plans with dental loss ratio deviating from average. The superintendent shall aggregate the dental loss ratio reports filed by each carrier pursuant to subsection 6 by market segment. The superintendent shall calculate an average dental loss ratio for each market segment using aggregate data for a 3-year period, including data for the dental loss ratio reporting year that is being reported and the data for the 2 prior dental loss ratio reporting years, and identify as outliers dental plans that fall outside 2 standard deviations of the average dental loss ratio. If the average dental loss ratio in a market segment declines over time, the superintendent may identify as outliers dental plans that fall outside one standard deviation of the average dental loss ratio or establish by rule a minimum average dental loss ratio for use in calculating outliers. [PL 2021, c. 529, §1 (NEW); PL 2021, c. 529, §2 (AFF).]

8. Authority for review. For those dental plans identified as outliers in accordance with subsection 7 , the superintendent shall conduct a review and require the carrier of a dental plan identified as an outlier to submit additional relevant financial information as requested by the superintendent. The superintendent may require the carrier to submit a remediation plan including but not limited to measures such as rate revisions or benefit modifications. Any action taken by the superintendent pursuant to this subsection is limited to the dental plans identified as outliers. [PL 2021, c. 529, §1 (NEW); PL 2021, c. 529, §2 (AFF).]

9. Rules. The superintendent may adopt rules to implement this section, including development of a common reporting form. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 529, §1 (NEW); PL 2021, c. 529, §2 (AFF).]
24-A M.R.S. § 2832-A — ME Code / Title 24-A / Chapter 35 / Section 2832-A
24-A §2832-A. Mandated offer of domestic partner benefits
Status: in_force

1. Definition. [PL 2021, c. 567, §33 (RP).]

2. Mandated offer of domestic partner benefits. All group or blanket health insurance policies or contracts issued by any insurer operating pursuant to this chapter must make available to group policyholders the option for additional benefits for the domestic partner of a certificate holder, at appropriate rates and under the same terms and conditions as those benefits or options for benefits are provided to spouses of married certificate holders covered under a group policy. [PL 2001, c. 347, §3 (NEW); PL 2001, c. 347, §5 (AFF).]

3. Financial dependency. Financial dependency of a domestic partner on the certificate holder may not be required as a condition for eligibility for coverage. [PL 2001, c. 347, §3 (NEW); PL 2001, c. 347, §5 (AFF).]

4. Evidence of domestic partnership. As a condition of eligibility for coverage, an insurer or group policyholder may require a certificate holder and the certificate holder's domestic partner to sign an affidavit attesting that the certificate holder and the certificate holder's domestic partner meet the definition of domestic partner under Title 1, section 72, subsection 2‑C and to show documentation of joint ownership or occupancy of real property, such as a joint deed, joint mortgage or a joint lease, or the existence of a joint credit card, joint bank account or powers of attorney in which each domestic partner is authorized to act for the other. [PL 2021, c. 567, §34 (AMD).]

5. Preexisting conditions. A domestic partner is subject to the same provisions on coverage of preexisting conditions as any spouse or dependent of a certificate holder. [PL 2001, c. 347, §3 (NEW); PL 2001, c. 347, §5 (AFF).]

6. Termination of domestic partner benefits. An insurer may terminate coverage in accordance with other applicable provisions of this Title for the domestic partner of a certificate holder upon notification by the certificate holder that the domestic partner relationship has terminated. [PL 2021, c. 567, §35 (AMD).]

7. Construction. This section does not prohibit an insurer from negotiating a policy providing domestic partner benefits to a policyholder that does not comply with the requirements of this section. [PL 2001, c. 347, §3 (NEW); PL 2001, c. 347, §5 (AFF).]

8. Exemption. This section does not apply to accidental injury, specified disease, hospital indemnity, Medicare supplement, disability income, long-term care and other limited benefit health insurance policies. [PL 2001, c. 347, §3 (NEW); PL 2001, c. 347, §5 (AFF).]
24-A M.R.S. § 2754 — ME Code / Title 24-A / Chapter 33 / Section 2754
24-A §2754. Coverage for diabetes supplies
Status: in_force

All individual health policies and contracts, except accidental injury, specified disease, hospital indemnity, Medicare supplement, long-term care and other limited benefit health insurance policies and contracts, must provide coverage for the medically appropriate and necessary equipment, limited to insulin, oral hypoglycemic agents, monitors, test strips, syringes and lancets, and the out-patient self-management training and educational services used to treat diabetes, if: [PL 1995, c. 592, §2 (NEW).]

1. Certification of medical necessity. The insured's treating physician or a physician who specializes in the treatment of diabetes certifies that the equipment and services are necessary; and [PL 1995, c. 592, §2 (NEW).]

2. Provision of medical services. The diabetes out-patient self-management training and educational services are provided through ambulatory diabetes education facilities authorized by the State's Diabetes Control Project within the Bureau of Health. [PL 1995, c. 592, §2 (NEW).]
24-A M.R.S. § 4602 — ME Code / Title 24-A / Chapter 62 / Section 4602
24-A §4602. Purpose
Status: in_force

The purpose of this chapter, subject to certain limitations, is to maintain public confidence in the promises of insurers by providing a mechanism for protecting policyholders, insureds, beneficiaries, annuitants, payees and assignees of life insurance policies, health insurance policies, annuity contracts and supplemental contracts against failure in the performance of fair and equitable contractual obligations due to the impairment or insolvency of the member insurer issuing these policies or contracts. To provide this protection: [PL 2005, c. 346, §1 (AMD); PL 2005, c. 346, §16 (AFF).]

1. Creation of association. An association of insurers is created to enable the guaranty of payment of benefits and of continuation of coverages as limited by this chapter; [PL 2005, c. 346, §1 (AMD); PL 2005, c. 346, §16 (AFF).]

2. Assessment of members. Members of the association are subject to assessment to provide funds to carry out the purpose of this chapter; and [PL 1983, c. 846 (NEW).]

3. Assistance to superintendent. The association is authorized to assist the superintendent, in the prescribed manner, in the detection and prevention of insurer impairments and insolvencies. [PL 2005, c. 346, §1 (AMD); PL 2005, c. 346, §16 (AFF).]
24-A M.R.S. § 4106 — ME Code / Title 24-A / Chapter 55 / Section 4106
24-A §4106. Voluntary associations
Status: in_force

No unincorporated or voluntary association shall be permitted to transact business in this State as a fraternal benefit society. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 6099 — ME Code / Title 24-A / Chapter 72-A / Section 6099
24-A §6099. Restrictions on insurance purchased by purchasing groups
Status: in_force

1. Purchase from risk retention group; insurer; licensed agent or broker. A purchasing group may purchase insurance from a risk retention group that is chartered in a state or, in the case of product liability or completed operations liability coverage, that qualifies under section 6093, subsection 13, paragraph C , subparagraph (2); from an insurer admitted in this State; or from a licensed agent or broker acting pursuant to the surplus lines laws and regulations of this State. [PL 1989, c. 724, §2 (AMD).]

2. Notice of nonprotected risk. A purchasing group which obtains liability insurance from an insurer not authorized in this State or a risk retention group shall inform each of the members of the purchasing group which have a risk resident or located in this State that such risk is not protected by an insurance insolvency guaranty fund in this State, and that the risk retention group or the insurer may not be subject to all insurance laws and regulations of this State. [PL 1987, c. 481, §3 (NEW).]

3. Prohibition on retention of risk. A purchasing group may not purchase insurance providing for a deductible or self-insured retention applicable to the group as a whole; however coverage may provide for a deductible or self-insured retention applicable to individual members. [PL 1995, c. 540, §1 (AMD).]
24-A M.R.S. § 2601 — ME Code / Title 24-A / Chapter 31 / Section 2601
24-A §2601. Scope of chapter -- short title
Status: in_force

1. This chapter applies only to group life insurance. [PL 1969, c. 132, §1 (NEW).]

2. This chapter does not apply to any contracts or policies entered into or issued prior to August 6, 1949 nor to any extensions, renewals or modifications thereof or amendments thereto whenever made. [PL 1969, c. 132, §1 (NEW).]

3. This chapter may be known and cited as the "Group Life Insurance Law." [PL 1969, c. 132, §1 (NEW).]