24-A M.R.S. § 2203 — ME Code / Title 24-A / Chapter 24 / Section 2203
24-A §2203. Scope
Status: in_force

1. Scope. This chapter applies to all persons and other entities required to be licensed by the superintendent under this Title, or Title 24 , and to all insurance support organizations, as defined in section 2204 , that collect, maintain or distribute information on residents of this State or arising out of insurance transactions in this State. With respect to particular insurance transactions, this chapter applies if the transaction arises out of a policy, contract or certificate delivered, issued for delivery or renewed in this State or arises out of an application for such coverage. With respect to information practices, this chapter applies if information is collected or maintained in connection with an insurance transaction subject to this chapter or if personal information about residents of this State is collected or maintained in such a manner as to be accessible by the name of the insurance consumer referred to. [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]

2. Residents. For purposes of this chapter, a person is considered a resident of this State if the person's last known mailing address, as shown in the records of the regulated insurance entity or insurance support organization, is in this State. [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]

3. Exception. Except to the extent expressly provided in rules adopted by the superintendent pursuant to section 2220 , this chapter does not apply to insurance transactions arising out of workers' compensation, medical malpractice, fidelity, suretyship or boiler and machinery insurance or information collected from public records for the purpose of title insurance. [PL 2001, c. 262, Pt. C, §2 (AMD).]
24-A M.R.S. § 6456 — ME Code / Title 24-A / Chapter 79 / Section 6456
24-A §6456. Mandatory control level event
Status: in_force

1. Mandatory control level event; defined. "Mandatory control level event" means any of the following events: A. The filing of a risk-based capital report that indicates that the insurer's total adjusted capital is less than its mandatory control level risk-based capital; [PL 1993, c. 634, Pt. A, §1 (NEW).] B. Provided the insurer does not challenge the adjusted risk-based capital report under section 6457 , the notification by the superintendent to the insurer of an adjusted risk-based capital report that indicates the event in paragraph A ; or [PL 1993, c. 634, Pt. A, §1 (NEW).] C. If the insurer, under section 6457 , challenges an adjusted risk-based capital report that indicates the event in paragraph A , the notification by the superintendent to the insurer that the superintendent has, after a hearing, rejected the insurer's challenge. [PL 1993, c. 634, Pt. A, §1 (NEW).] [PL 1993, c. 634, Pt. A, §1 (NEW).]

2. Superintendent duties; mandatory control level event. When a mandatory control level event occurs, the superintendent shall take those actions that are necessary to cause the insurer to be placed under regulatory control under chapter 57 or take alternative action as authorized under paragraphs A and B . If the superintendent takes those actions, the mandatory control level event is deemed sufficient grounds for the superintendent to take action under chapter 57 , and the superintendent has the rights, powers and duties with respect to the insurer as are set forth in chapter 57 . If the superintendent takes actions pursuant to an adjusted risk-based capital report, the insurer is entitled to those protections that are afforded to insurers under the provisions of chapter 57, subchapter 2 pertaining to summary proceedings. A. The superintendent may forgo action for up to 90 days after the mandatory control level event if the superintendent finds there is a reasonable expectation that the mandatory control level event may be eliminated within the 90-day period. [PL 2017, c. 169, Pt. F, §1 (NEW).] B. In the case of a property and casualty insurer that is not authorized to write new business, the superintendent may allow the insurer to continue to run off its existing business under the superintendent's supervision if the superintendent determines that there will be sufficient funds to meet the insurer's obligations as they become due. This paragraph does not apply to health insurers. [PL 2017, c. 169, Pt. F, §1 (NEW).] [PL 2017, c. 169, Pt. F, §1 (RPR).]
24-A M.R.S. § 4447 — ME Code / Title 24-A / Chapter 57 / Section 4447
24-A §4447. Recognition of assessment in rates
Status: in_force

The rates and premiums charged for insurance policies to which this subchapter applies shall include amounts sufficient to recoup a sum equal to the amounts paid to the association by the member insurer less any amounts returned to the member insurer by the association, and such rates shall not be deemed excessive because they contain an amount reasonably calculated to recoup assessments paid by the member insurer. [PL 1969, c. 561 (NEW).]
24-A M.R.S. § 221 — ME Code / Title 24-A / Chapter 3 / Section 221
24-A §221. Examination of insurers
Status: in_force

1. For the purpose of determining its financial condition, fulfillment of its contractual obligations and compliance with the law, the superintendent shall examine the affairs, transactions, accounts, records and assets of each authorized insurer, and of any person as to any matter relevant to the financial affairs of the insurer or to the examination, as often as the superintendent determines advisable. In determining the nature, scope and timing of an examination, the superintendent shall consider criteria, including, but not limited to, the results of financial statement analyses and ratios, changes in management or ownership, actuarial opinions, reports of independent certified public accountants and other criteria adopted by the National Association of Insurance Commissioners and published in its Financial Condition Examiners Handbook or Market Regulation Handbook, as applicable, or their successor publications. Except as otherwise expressly provided, domestic insurers must be examined at least once every 3 years, unless the superintendent defers making an examination for a longer period; but in no event may an authorized insurer be examined less frequently than once every 5 years. Examination of an alien insurer is limited to its insurance transactions, assets, trust deposits and affairs in the United States, except as otherwise required by the superintendent. [PL 2017, c. 169, Pt. B, §1 (AMD).]

2. The superintendent shall in like manner examine each insurer applying for an initial certificate of authority to transact insurance in this State. [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]

3. [PL 2021, c. 16, §1 (RP).]

3-A. The superintendent may accept a full examination report by the insurance regulatory authority of the insurance company's state of domicile or port-of-entry state for any foreign or alien insurer licensed in this State in lieu of an examination by the superintendent if, at the time of the examination, that regulatory authority was accredited under the National Association of Insurance Commissioners' Financial Regulation Standards and Accreditation Program or if the examination was performed under the supervision of an accredited insurance regulatory authority or with the participation of one or more examiners who are employed by an accredited insurance regulatory authority and who, after a review of the examination workpapers and report, state under oath that the examination was performed in a manner consistent with the standards and procedures required by the regulatory authority. [PL 2021, c. 16, §2 (AMD).]

4. As far as practical, the examination of a foreign or alien insurer must be made in cooperation with the insurance supervisory officials of other states in which the insurer transacts business. Duties may be divided among the participating states in any manner consistent with the standards established by the laws of this State that are applicable to foreign and alien insurers. [PL 1993, c. 313, §4 (AMD).]

5. Examination of health carriers. The superintendent shall examine the market conduct of each domestic health carrier, as defined in section 4301‑A, subsection 3 , and each foreign health carrier with at least 1,000 covered lives in this State, offering a health plan as defined in section 4301‑A, subsection 7 , no less frequently than once every 5 years. An examination under this subsection may be comprehensive or may target specific issues of concern observed in the State's health insurance market or in the company under examination. In lieu of an examination conducted by the superintendent, the superintendent may participate in a multistate examination, or, in the case of a foreign company, approve an examination by the company's domiciliary regulator upon a finding that the examination and report adequately address relevant aspects of the company's market conduct within this State. [PL 2009, c. 439, Pt. E, §1 (NEW).]
24-A M.R.S. § 1474 — ME Code / Title 24-A / Chapter 16 / Section 1474
24-A §1474. Records
Status: in_force

1. Record of each transaction. Each adjuster shall keep at the adjuster's business address shown on the license a record of all transactions under the license. For the purpose of investigation or examination by the superintendent, records may be maintained in electronic form. [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]

2. Information. The record must include: A. A copy of all investigations or adjustments undertaken or consummated; and [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).] B. A statement of any fee, commission or other compensation received or to be received by the adjuster on account of the investigation or adjustment. [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).] [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]

3. Retention. The adjuster shall make records available for examination by the superintendent at all times and shall retain the records for at least 3 years. [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
24-A M.R.S. § 6304 — ME Code / Title 24-A / Chapter 75 / Section 6304
24-A §6304. Assessments authorized
Status: in_force

To provide funds for the Rural Medical Access Program, insurers may collect pursuant to this chapter assessments from physicians licensed and practicing medicine in this State and hospitals and physician's employers located in the State. [PL 2005, c. 122, §2 (AMD).]

1. Assessment from policyholders and self-insureds. With respect to professional liability insurance policies for physicians and hospitals issued on or after July 1, 1990, each insurer shall collect an assessment from each policyholder. With respect to professional liability insurance for self-insureds issued on or after July 1, 1990, each self-insured shall pay an assessment as directed by the superintendent. The superintendent shall determine the amount of the assessment in accordance with this chapter. Notwithstanding any provision of law, assessments made and collected pursuant to this chapter do not constitute premium, as defined in section 2403 , for purposes of any laws of this State relating to taxation, filing of insurance rates or assessment purposes other than as expressly provided under this chapter. The assessments are considered as premium only for purposes of any laws of this State relating to cancellation or nonrenewal of insurance coverage. [PL 2017, c. 475, Pt. A, §42 (AMD).]

2. Required support. Every insured and self-insured physician, hospital, and physician's employer shall support the Rural Medical Access Program as provided in this chapter. Any physician, hospital or physician's employer that fails to pay the assessment required by this chapter is subject to a civil penalty not to exceed $2,000, payable to the bureau, to be recovered in a civil action. [PL 1989, c. 931, §5 (NEW).]

3. Assistance from boards and Department of Health and Human Services; insure through other means. The Board of Licensure in Medicine and the Board of Osteopathic Licensure shall assist the superintendent in identifying those physicians who insure against professional negligence by means other than through insurers defined in section 6303 . The Department of Health and Human Services shall assist the superintendent in determining the insuring entity for any licensed hospital or physician's employer, in identifying those hospitals and physician's employers that insure against professional negligence by means other than through insurers defined in section 6303 and in identifying the individual or entity who makes the insurance payment for each physician. [PL 1993, c. 600, Pt. B, §§21,22 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

4. Determination of assessments paid. After review of the records provided by the Board of Licensure in Medicine, the Board of Osteopathic Licensure and the Department of Health and Human Services, Division of Licensure and Certification, and the assessment receipts of the malpractice insurers, the superintendent shall determine those physicians, hospitals and physician's employers that have paid the required assessments. [PL 2005, c. 122, §3 (AMD).]
24-A M.R.S. § 793 — ME Code / Title 24-A / Chapter 9 / Section 793
24-A §793. Conservation, rehabilitation or liquidation
Status: in_force

1. Authorized insurer. A special purpose reinsurance vehicle is considered an authorized insurer for purposes of section 4351, subsection 1 , and the provisions of chapter 57 apply to a reinsurance vehicle or to any of a reinsurance vehicle's protected cells, except to the extent modified by this section. [PL 2007, c. 386, §19 (AMD).]

2. Grounds for action. Notwithstanding the provisions of sections 4356 and 4357 , the Superior Court may issue an order authorizing the superintendent to conserve, rehabilitate or liquidate a special purpose reinsurance vehicle domiciled in this State, or one or more of its protected cells, only if the superintendent proves by clear and convincing evidence or the reinsurance vehicle stipulates after notice and opportunity for hearing that: A. There has been embezzlement, wrongful sequestration, dissipation or diversion of the assets of the reinsurance vehicle or protected cell intended to be used to pay amounts owed to the ceding insurer or the holders of special purpose reinsurance vehicle securities; or [PL 2007, c. 386, §19 (AMD).] B. The reinsurance vehicle or protected cell is insolvent and the holders of a majority in outstanding principal amount of each class of special purpose reinsurance vehicle securities request or consent to conservation, rehabilitation or liquidation under this subchapter. [PL 2007, c. 386, §19 (AMD).] [PL 2007, c. 386, §19 (AMD).]

3. Receiver. Notwithstanding any contrary provision of this Title, rules adopted under this Title or any other applicable law, upon any order of conservation, rehabilitation or liquidation of the special purpose reinsurance vehicle or one or more of its protected cells, a receiver is bound to deal with the reinsurance vehicle's assets and liabilities in accordance with the requirements under this subchapter. [PL 2007, c. 386, §19 (AMD).]

3-A. Protected cells. The following provisions apply to the insolvency of a special purpose reinsurance vehicle with protected cells or to the insolvency of a protected cell. A. The insolvency of one protected cell does not constitute the insolvency of any other protected cell or of the special purpose reinsurance vehicle itself. The insolvency of a special purpose reinsurance vehicle does not constitute the insolvency of any of its solvent protected cells and is not a basis for the receivership of any solvent protected cell capable of independent operation. [PL 2007, c. 386, §19 (NEW).] B. Notwithstanding the insolvency of the special purpose reinsurance vehicle or of any other protected cell, the obligations attributed to any solvent protected cell must continue to be paid as they come due. [PL 2007, c. 386, §19 (NEW).] C. The assets attributed to a protected cell may not be applied to the liabilities attributed to another protected cell or to the reinsurance vehicle generally, except that: (1) If the insolvency of the special purpose reinsurance vehicle renders a protected cell incapable of being managed independently, a receiver may, after consultation with the creditors of the protected cell, contract for the management of the protected cell and charge to the protected cell a reasonable amount for those services; (2) A general liability of an insolvent special purpose reinsurance vehicle may be apportioned equitably in whole or in part to one or more of its protected cells if the Superior Court determines that the liability arises out of the operations of the protected cell or cells and that the interests of innocent creditors of the protected cell or cells are not unreasonably impaired; and (3) If assets or liabilities have been commingled, or have been wrongfully transferred between protected cells or between a protected cell and the general account, the Superior Court shall trace the assets and attribute them to the proper accounts, giving due consideration to the terms of any relevant governing instrument or contract. [PL 2007, c. 386, §19 (NEW).] D. The plan of rehabilitation or liquidation of any special purpose reinsurance vehicle with protected cells must make reasonable provision for the continued operation of all solvent protected cells, which may involve the formation of one or more new special purpose reinsurance vehicles or the transfer of one or more protected cells. [PL 2007, c. 386, §19 (NEW).] [PL 2007, c. 386, §19 (NEW).]

4. Recoverable amounts. With respect to amounts recoverable under a special purpose reinsurance vehicle contract, the amount recoverable by the receiver may not be reduced or diminished as a result of the entry of an order of conservation, rehabilitation or liquidation with respect to the ceding insurer, notwithstanding any provisions to the contrary in the contracts or other documentation governing the special purpose reinsurance vehicle insurance securitization. A. Notwithstanding the provisions of chapter 57 , an application or petition in any delinquency proceeding relating to a ceding insurer or any temporary restraining order or injunction issued in any such proceeding may not prohibit the transaction of any business by a reinsurance vehicle, including any payment by a reinsurance vehicle made pursuant to a special purpose reinsurance vehicle security or any action or proceeding against a reinsurance vehicle or its assets. [PL 2003, c. 249, §2 (NEW).] B. Notwithstanding the provisions of chapter 57, subchapter 2 , the commencement of a summary proceeding or other interim proceeding commenced prior to a formal delinquency proceeding with respect to a reinsurance vehicle and any order issued by the court in such proceeding may not prohibit a reinsurance vehicle from making a payment pursuant to a special purpose reinsurance vehicle security or contract or from taking any action required to make the payment. [PL 2003, c. 249, §2 (NEW).] [PL 2003, c. 249, §2 (NEW).]

5. Nonfraudulent transfer. Notwithstanding any other provision of chapter 57 or other state law: A. A receiver of a ceding insurer may not void a nonfraudulent transfer by a ceding insurer to a special purpose reinsurance vehicle of money or other property made pursuant to a special purpose reinsurance vehicle contract; and [PL 2007, c. 386, §19 (AMD).] B. A receiver of a special purpose reinsurance vehicle may not void a nonfraudulent transfer by the reinsurance vehicle of money or other property made to a ceding insurer pursuant to a special purpose reinsurance vehicle contract or made to or for the benefit of any holder of a special purpose reinsurance vehicle security on account of the special purpose reinsurance vehicle security. [PL 2003, c. 249, §2 (NEW).] [PL 2007, c. 386, §19 (AMD).]

6. Fulfillment of obligations. With the exception of the fulfillment of the obligations under a special purpose reinsurance vehicle contract and notwithstanding any other provisions of this subchapter or other law of this State to the contrary, the assets of a special purpose reinsurance vehicle including assets held in trust may not be consolidated with or included in the estate of a ceding insurer in any delinquency proceeding against the ceding insurer under this subchapter for any purpose, including, without limitation, distribution to creditors of the ceding insurer. [PL 2003, c. 249, §2 (NEW).]

7. Domiciliary receiver. Notwithstanding any other provision of this subchapter: A. The domiciliary receiver of a special purpose reinsurance vehicle domiciled in another state is vested by operation of law with the title to all of the assets, property, contracts and rights of action and all of the books, accounts and other records of the reinsurance vehicle located in this State. The domiciliary receiver has the immediate right to recover all such vested property, assets and causes of action of the reinsurance vehicle located in this State ; and [PL 2007, c. 386, §19 (AMD).] B. An ancillary proceeding may not be commenced or prosecuted in this State against a special purpose reinsurance vehicle domiciled in another state. [PL 2003, c. 249, §2 (NEW).] [PL 2007, c. 386, §19 (AMD).]
24-A M.R.S. § 4446 — ME Code / Title 24-A / Chapter 57 / Section 4446
24-A §4446. Tax exemption
Status: in_force

The association shall be exempt from payment of all fees and all taxes levied by this State or any of its subdivisions except taxes levied on real or personal property. [PL 1969, c. 561 (NEW).]
24-A M.R.S. § 7109 — ME Code / Title 24-A / Chapter 91 / Section 7109
24-A §7109. Enforcement provisions
Status: in_force

1. Investigation and examination by superintendent. The superintendent may conduct investigations and examinations of providers, administrators, insurers or other persons to enforce the provisions of this chapter and protect service contract holders. Upon request of the superintendent, a person subject to this chapter shall make available to the superintendent all accounts, books and records concerning service contracts sold by the provider that are necessary to enable the superintendent to determine compliance or noncompliance with this chapter. [PL 2011, c. 345, §4 (NEW); PL 2011, c. 345, §7 (AFF).]

2. Enforcement actions. The superintendent may assess civil penalties or take any other action permitted under section 12‑A against any person who violates any provision of this chapter or the superintendent's rules and orders, and nothing in this section may be construed as limiting the superintendent's authority to take enforcement action under section 12‑A in connection with violations of applicable provisions of this Title. [PL 2011, c. 345, §4 (NEW); PL 2011, c. 345, §7 (AFF).]

3. Refusal of registration, suspension or revocation. The superintendent may suspend, revoke or refuse to accept the registration of a provider under this chapter as set out in this section. A. The superintendent shall deny an application for registration if the registrant has not demonstrated that it is qualified to do business in accordance with this chapter or for any reason that would be a ground for suspension or revocation of registration. [PL 2011, c. 345, §4 (NEW); PL 2011, c. 345, §7 (AFF).] B. If, upon investigation or examination, the superintendent finds that a person registered under this chapter in this State has exceeded its powers, has failed to comply with any of the provisions of this chapter, is not fulfilling its service contracts in good faith or is conducting its business fraudulently or in a manner injurious to its contract holders or the public, the superintendent shall notify the person of the deficiency or deficiencies and state in writing the reasons that warrant suspension, revocation or refusal of the person's registration. The notice must require that the deficiency or deficiencies be corrected. After receipt of the notice, the person has 30 days to comply with the superintendent's request for correction, and if the person fails to comply the superintendent shall notify the person of the findings of noncompliance and require the person to show cause, on a date set by the superintendent, why its registration should not be suspended, revoked or refused. If on that date the person does not present good and sufficient reason why its authority to do business in this State should not be suspended, revoked or refused, the superintendent may suspend or refuse the registration of the person to do business in this State until satisfactory evidence is furnished to the superintendent that the suspension or refusal should be withdrawn or the superintendent may revoke the authority of the person to do business in this State. [PL 2011, c. 345, §4 (NEW); PL 2011, c. 345, §7 (AFF).] [PL 2011, c. 345, §4 (NEW); PL 2011, c. 345, §7 (AFF).]

4. Service of process. A provider and administrator registered under this chapter shall appoint in writing an agent located in the State in the same manner as insurers are required to appoint agents under section 421 . [PL 2011, c. 345, §4 (NEW); PL 2011, c. 345, §7 (AFF).]

5. Administrative procedures. Any person aggrieved by an order of the superintendent under this chapter may submit an application for a hearing as provided in section 229 , upon which the procedures set forth in section 229 apply. [PL 2011, c. 345, §4 (NEW); PL 2011, c. 345, §7 (AFF).]

6. Construction; existing contracts. This section may not be construed as preventing any provider from continuing in good faith all service contracts made in this State during the time the provider was legally authorized to transact business in this State. [PL 2011, c. 345, §4 (NEW); PL 2011, c. 345, §7 (AFF).]
24-A M.R.S. § 2266 — ME Code / Title 24-A / Chapter 24-B / Section 2266
24-A §2266. Notification of cybersecurity event
Status: in_force

1. Notification to superintendent. Notwithstanding Title 10, chapter 210‑B , a licensee shall notify the superintendent as promptly as possible but in no event later than 3 business days from a determination that a cybersecurity event has occurred if: A. This State is the licensee's state of domicile, in the case of an insurance carrier, or this State is the licensee's home state, as that term is defined in section 1420‑A, subsection 2 , in the case of an insurance producer; or [PL 2021, c. 24, §1 (NEW).] B. The licensee reasonably believes that the nonpublic information involved concerns 250 or more consumers residing in this State and that the cybersecurity event is either of the following: (1) A cybersecurity event affecting the licensee of which notice is required to be provided to any government body, self-regulatory organization or other supervisory body pursuant to any state or federal law; or (2) A cybersecurity event that has a reasonable likelihood of materially harming: (a) Any consumer residing in this State; or (b) Any material part of the normal operation of the licensee. [PL 2021, c. 24, §1 (NEW).] [PL 2021, c. 24, §1 (NEW).]

2. Provision of information by licensee. A licensee shall provide in electronic form as directed by the superintendent as much of the following information regarding a cybersecurity event as possible: A. The date of the cybersecurity event; [PL 2021, c. 24, §1 (NEW).] B. A description of how the information was exposed, lost, stolen or breached, including the specific roles and responsibilities of 3rd-party service providers, if any; [PL 2021, c. 24, §1 (NEW).] C. How the cybersecurity event was discovered; [PL 2021, c. 24, §1 (NEW).] D. Whether any lost, stolen or breached information has been recovered and, if so, how this was done; [PL 2021, c. 24, §1 (NEW).] E. The identity of the source of the cybersecurity event; [PL 2021, c. 24, §1 (NEW).] F. Whether the licensee has filed a police report or has notified any regulatory, government or law enforcement agencies and, if so, when the report was filed or the notification was provided; [PL 2021, c. 24, §1 (NEW).] G. A description of the specific types of information acquired without authorization. For purposes of this subsection, "specific types of information" includes, but is not limited to, medical information, financial information and information allowing identification of a consumer; [PL 2021, c. 24, §1 (NEW).] H. The period of time during which the information system was compromised by the cybersecurity event; [PL 2021, c. 24, §1 (NEW).] I. The total number of consumers in this State affected by the cybersecurity event. The licensee shall provide its best estimate in the notification provided pursuant to subsection 1 to the superintendent and update this estimate with each subsequent report to the superintendent pursuant to this section; [PL 2021, c. 24, §1 (NEW).] J. The results of any review conducted by or for the licensee identifying a lapse in either automated controls or internal procedures or confirming that all automated controls or internal procedures were followed; [PL 2021, c. 24, §1 (NEW).] K. A description of efforts being undertaken to remediate the situation that permitted the cybersecurity event to occur; [PL 2021, c. 24, §1 (NEW).] L. A copy of the licensee's privacy policy and a statement outlining the steps the licensee will take to investigate and notify consumers affected by the cybersecurity event; and [PL 2021, c. 24, §1 (NEW).] M. The name and contact information of a person who is familiar with the cybersecurity event and authorized to act for the licensee. [PL 2021, c. 24, §1 (NEW).] The licensee has a continuing obligation to update and supplement initial and subsequent notifications to the superintendent concerning the cybersecurity event. [PL 2021, c. 24, §1 (NEW).]

3. Notification to consumers. A licensee shall comply with Title 10, chapter 210‑B , as applicable, and, when required to notify the superintendent under subsection 1 , provide to the superintendent a copy of the notice sent to consumers pursuant to Title 10, chapter 210‑B . [PL 2021, c. 24, §1 (NEW).]

4. Notice regarding cybersecurity events of 3rd-party service providers and ancillary service providers. In the case of a cybersecurity event in an information system maintained by a 3rd-party service provider or ancillary service provider of which the licensee has become aware: A. The licensee shall respond to the cybersecurity event as described under subsection 1 ; and [PL 2021, c. 24, §1 (NEW).] B. The computation of the licensee's deadlines for notification under this section begins on the day after the 3rd-party service provider notifies the licensee of the cybersecurity event or the day after the licensee otherwise has actual knowledge of the cybersecurity event, whichever is sooner. [PL 2021, c. 24, §1 (NEW).] This chapter may not be construed to prevent or abrogate an agreement between a licensee and another licensee, a 3rd-party service provider or any other party to fulfill any of the investigation requirements imposed under section 2265 or notice requirements imposed under this subsection. [PL 2025, c. 348, §31 (AMD).]

5. Notice regarding cybersecurity events of reinsurers to insurers. This subsection governs notice regarding cybersecurity events of reinsurers to insurers. A. In the case of a cybersecurity event involving nonpublic information that is used by a licensee that is acting as an assuming insurer or is in the possession, custody or control of a licensee that is acting as an assuming insurer and that does not have a direct contractual relationship with the affected consumers: (1) The assuming insurer shall notify its affected ceding insurers and the superintendent of its state of domicile within 3 business days of making the determination that a cybersecurity event has occurred; and (2) The ceding insurers that have a direct contractual relationship with affected consumers shall fulfill the consumer notification requirements imposed under the laws of this State and any other notification requirements relating to a cybersecurity event imposed under this section. [PL 2021, c. 24, §1 (NEW).] B. In the case of a cybersecurity event involving nonpublic information that is in the possession, custody or control of a 3rd-party service provider of a licensee that is acting as an assuming insurer: (1) The assuming insurer shall notify its affected ceding insurers and the superintendent of its state of domicile within 3 business days of receiving notice from its 3rd-party service provider that a cybersecurity event has occurred; and (2) The ceding insurers that have a direct contractual relationship with affected consumers shall fulfill the consumer notification requirements imposed under the laws of this State and any other notification requirements relating to a cybersecurity event imposed under this section. [PL 2021, c. 24, §1 (NEW).] [PL 2021, c. 24, §1 (NEW).]

6. Notice regarding cybersecurity events of insurance carriers to producers of record. In the case of a cybersecurity event involving nonpublic information that is in the possession, custody or control of a licensee that is an insurance carrier or its 3rd-party service provider, and for which information a consumer accessed the insurance carrier's services through an independent insurance producer, the insurance carrier shall notify the producers of record of all affected consumers no later than the time consumers must be notified under subsection 3 or as directed by the superintendent, except that the insurance carrier is excused from this obligation for those instances in which it does not have the current producer of record information for any individual consumer. [PL 2021, c. 24, §1 (NEW).]
24-A M.R.S. § 2853 — ME Code / Title 24-A / Chapter 37 / Section 2853
24-A §2853. Definitions
Status: in_force

For the purpose of this chapter: [PL 1969, c. 132, §1 (NEW).]

1. "Credit life insurance" means insurance on the life of a debtor pursuant to or in connection with a specific loan or other credit transaction. [PL 1969, c. 132, §1 (NEW).]

2. "Credit health insurance" means insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is disabled as defined in the policy. [PL 1969, c. 132, §1 (NEW).]

2-A. "Credit involuntary unemployment insurance" means involuntary unemployment insurance insuring a debtor pursuant to or in connection with a specific loan or other credit transaction. [PL 2001, c. 138, §7 (NEW).]

2-B. "Credit property insurance" means property insurance on property that is purchased on credit or pledged as collateral on a loan when the insurance is purchased by or issued to the debtor in connection with that loan or credit transaction. [PL 2001, c. 138, §7 (NEW).]

2-C. "Consumer credit insurance" means insurance subject to this chapter under section 2851 . [PL 2001, c. 138, §7 (NEW).]

3. "Creditor" means the lender of money or vendor or lessor of goods, services or property, rights or privileges for which payment is arranged through a credit transaction, or any successor to the right, title or interest of any such lender, vendor or lessor, and an affiliate, associate or subsidiary of any of them, or any director, officer or employee of any of them, or any other person in any way associated with any of them. [PL 1969, c. 132, §1 (NEW).]

4. "Debtor" means a borrower of money or a purchaser or lessee of goods, services, property, rights or privileges for which payment is arranged through a credit transaction. [PL 1969, c. 132, §1 (NEW).]

5. "Indebtedness" means the total amount payable by a debtor to a creditor in connection with a loan or other credit transaction. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 2739 — ME Code / Title 24-A / Chapter 33 / Section 2739
24-A §2739. Lapse of policy, advance notice; limitation of action
Status: in_force

An individual policy of health insurance issued or delivered in this State, except a policy which by its terms is renewable or continuable with the insurer's consent, or except a policy the premiums for which are payable monthly or at shorter intervals, may not terminate or lapse for nonpayment of any premium until the expiration of 3 months from the due date of such premium, unless the insurer, within not less than 10 nor more than 45 days prior to such due date, has mailed, postage prepaid, duly addressed to the insured at the insured's last address shown by the insurer's records, a notice showing the amount of such premium and its due date. If such a notice is not so sent, the insured may pay the premium in default at any time within such period of 3 months. The affidavit of any officer, clerk or agent of the insurer, or of any other person authorized to mail such notice, that the notice required by this section has been duly mailed by the insurer in the manner required is prima facie evidence that such notice was duly given. An action may not be maintained on any policy to which this section applies and that has lapsed for nonpayment of any premium unless such action is commenced within 2 years from the due date of such premium. [RR 2021, c. 1, Pt. B, §241 (COR).]
24-A M.R.S. § 5051 — ME Code / Title 24-A / Chapter 68 / Section 5051
24-A §5051. Definitions
Status: in_force

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1985, c. 648, §12 (NEW).]

1. Long-term care policy. "Long-term care policy" means a group or individual policy of health insurance, a subscriber contract of a nonprofit hospital or medical service organization or nonprofit health care plan or a life insurance rider which is advertised, marketed or designed primarily to provide coverage for not less than 12 consecutive months for each covered person on an expense-incurred basis, indemnity basis, prepaid or other basis for one or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance or personal care services, provided in a setting other than an acute care unit of a hospital. The term does not include: A. A policy or contract defined as Medicare supplement insurance pursuant to chapter 67 ; [PL 1985, c. 648, §12 (NEW).] B. A policy or contract issued prior to October 1, 1990, to one or more employers or labor organizations or of the trustees of a fund established by one or more employers or labor organizations, or combination of both, or for members or former members, or combination of both, of the labor organizations; [PL 1989, c. 556, Pt. B, §1 (AMD).] C. A policy or contract issued prior to October 1, 1990, to any professional, trade or occupational association for its members, former members or retired members or combination of all members, if the association: (1) Is composed of individuals all of whom are actively engaged in the same profession, trade or occupation; (2) Has been maintained in good faith for purposes other than obtaining insurance; and (3) Has been in existence for at least 2 years prior to the date of its initial offering of the policy or plan to its members; and [PL 1989, c. 556, Pt. B, §1 (AMD).] D. Individual policies or contracts issued pursuant to a conversion privilege under a policy or contract of group or individual insurance when that group or individual policy or contract: (1) Was issued prior to October 1, 1990; and (2) Includes provisions which are inconsistent with the requirements of this chapter; and [PL 1989, c. 556, Pt. B, §1 (RPR).] E. A policy or contract offered primarily to provide basic hospital expense coverage, basic medical-surgical expense coverage, hospital confinement indemnity coverage, major medical expense coverage, disability income protection, accident-only coverage, specified disease or specified accident coverage, home health care coverage or limited benefit health coverage. [PL 1997, c. 604, Pt. D, §1 (AMD).] [PL 1997, c. 604, Pt. D, §1 (AMD).]

2. Nursing home. "Nursing home" means any facility located in this State which is licensed by the Department of Health and Human Services as a skilled nursing facility or intermediate care facility and any equivalent facility located in another state or country and licensed according to the laws of that jurisdiction. [PL 1985, c. 648, §12 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

3. Nursing home care policy. "Nursing home care policy" means a group or individual policy of health insurance or a subscriber contract of a nonprofit hospital or medical service organization or nonprofit health care plan which is advertised, marketed or designed primarily to provide benefits on either an expense-incurred or indemnity basis for confinements or costs associated with confinements of a covered person in a nursing home. For purposes of this definition, a policy is deemed to primarily provide nursing home benefits if 50% or more of benefits payable or anticipated to be payable under the policy are related to nursing home confinements. The term does not include: A. A policy or contract defined as Medicare supplement insurance pursuant to chapter 67 ; [PL 1985, c. 648, §12 (NEW).] B. A policy or contract issued to one or more employers or labor organizations or of the trustees of a fund established by one or more employers or labor organizations, or combination of both, or for members or former members, or combination of both, of the labor organizations; [PL 1985, c. 648, §12 (NEW).] C. A policy or contract issued to any professional, trade or occupational association for its members, former members or retired members, or combination of members if, the association: (1) Is composed of individuals all of whom are actively engaged in the same profession, trade or occupation; (2) Has been maintained in good faith for purposes other than obtaining insurance; and (3) Has been in existence for at least 2 years prior to the date of its initial offering of the policy or plan to its members; or [PL 1985, c. 648, §12 (NEW).] D. Individual policies or contracts issued pursuant to a conversion privilege under a policy or contract of group or individual insurance, when such group or individual policy or contract includes provisions which are inconsistent with the requirements of this chapter. [PL 1985, c. 648, §12 (NEW).] [PL 1985, c. 648, §12 (NEW).]

3-A. Home health care policy. "Home health care policy" means a group or individual policy of health insurance or a subscriber contract of a nonprofit hospital or medical service organization or nonprofit health care plan that is advertised, marketed or designed primarily to provide benefits on either an expense-incurred or indemnity basis for confinements or costs associated with home health care services. For purposes of this definition, a policy is deemed to provide primarily home health care benefits if 50% or more of benefits payable or anticipated to be payable under the policy are related to home health care services. The term does not include: A. A policy or contract defined as Medicare supplement insurance pursuant to chapter 67 ; [PL 1997, c. 604, Pt. D, §2 (NEW).] B. A policy or contract issued to one or more employers or labor organizations or to the trustees of a fund established by one or more employers or labor organizations, or combination of both, or for members or former members, or combination of both, of the labor organizations; [PL 1997, c. 604, Pt. D, §2 (NEW).] C. A policy or contract issued to any professional, trade or occupational association for its members, former members or retired members, or combination of members, if the association: (1) Is composed of individuals all of whom are actively engaged in the same profession, trade or occupation; (2) Has been maintained in good faith for purposes other than obtaining insurance; and (3) Has been in existence for at least 2 years prior to the date of its initial offering of the policy or plan to its members; or [PL 1997, c. 604, Pt. D, §2 (NEW).] D. Individual policies or contracts issued pursuant to a conversion privilege under a policy or contract of group or individual insurance, when that group or individual policy or contract includes provisions that are inconsistent with the requirements of this chapter. [PL 1997, c. 604, Pt. D, §2 (NEW).] [PL 1997, c. 604, Pt. D, §2 (NEW).]

4. Home health care provider. "Home health care provider" has the same meaning as set forth in section 2745 . [PL 1989, c. 556, Pt. B, §2 (NEW).]

5. Home health care services. "Home health care services" has the same meaning as set forth in section 2745, subsections 1 and 2 , except that the requirements of section 2745, subsection 1, paragraph A shall not apply. [PL 1989, c. 556, Pt. B, §2 (NEW).]
24-A M.R.S. § 5010-A — ME Code / Title 24-A / Chapter 67 / Section 5010-A
24-A §5010-A. Coverage of the disabled
Status: in_force

An issuer offering coverage under a Medicare supplement policy in this State shall offer coverage under its standardized plans to all individuals, regardless of age, who are entitled to Medicare benefits due to disability. An issuer shall offer such coverage during an individual's open enrollment period under any of the policies offered by the issuer to persons eligible for Medicare benefits due to age. An issuer shall also offer standardized Medicare Supplement Plan A to persons entitled to Medicare benefits due to disability during the guaranteed issue period as set forth in section 5012 . An individual who is entitled to Medicare benefits due to disability must be provided continuity of coverage in accordance with section 5002‑B . Issuers shall give notice of Medicare supplement coverage to individuals enrolled in Medicare in advertising of Medicare supplement policies intended for use in this State. By January 1, 1994, the superintendent shall establish rules to ensure that the notice of the availability of coverage for the disabled is sufficiently advertised. [PL 2003, c. 157, §2 (AMD).]
24-A M.R.S. § 4248 — ME Code / Title 24-A / Chapter 56 / Section 4248
24-A §4248. Coverage for services of certified nurse practitioners; certified midwives; certified nurse midwives (REALLOCATED FROM TITLE 24-A, SECTION 4245)
Status: in_force

(REALLOCATED FROM TITLE 24-A, SECTION 4245)

1. Required coverage for services upon referral of primary care provider. A health maintenance organization that issues individual and group health care contracts shall provide coverage under those contracts for services performed by a participating certified nurse practitioner, participating certified midwife or participating certified nurse midwife to a patient who is referred to the participating certified nurse practitioner, participating certified midwife or participating certified nurse midwife by a primary care provider when those services are within the lawful scope of practice of the participating certified nurse practitioner, participating certified midwife or participating certified nurse midwife. [PL 2021, c. 79, §4 (AMD); PL 2021, c. 79, §6 (AFF).]

2. Required coverage for self-referred services. With respect to individual and group health care contracts that do not require the selection of a primary care provider, a health maintenance organization shall provide coverage under those contracts for services performed by a participating certified nurse practitioner, participating certified midwife or participating certified nurse midwife when those services are covered services and when they are within the lawful scope of practice of the participating certified nurse practitioner, participating certified midwife or participating certified nurse midwife. [PL 2021, c. 79, §4 (AMD); PL 2021, c. 79, §6 (AFF).]

3. Limits; coinsurance; deductibles. Any contract that provides coverage for services under 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. [RR 1999, c. 1, §38 (RAL).]

4. Application. The requirements of this section apply to all individual and group 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 2003, c. 517, Pt. B, §28 (NEW).]
24-A M.R.S. § 4112 — ME Code / Title 24-A / Chapter 55 / Section 4112
24-A §4112. Institutions
Status: in_force

It shall be lawful for a society to create, maintain and operate charitable, benevolent or educational institutions for the benefit of its members and their families and dependents and for the benefit of children insured by the society. For such purpose it may own, hold or lease personal property or real property located within or without this State, with necessary buildings thereon. Such property shall be reported in every annual statement but shall not be allowed as an admitted asset of such society. [PL 1969, c. 132, §1 (NEW).]

Maintenance, treatment and proper attendance in any such institution may be furnished free or a reasonable charge may be made therefor, but no such institution shall be operated for profit. The society shall maintain a separate accounting of any income and disbursements under this section and report them in its annual statement. No society shall own or operate funeral homes or undertaking establishments. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 2694 — ME Code / Title 24-A / Chapter 32-A / Section 2694
24-A §2694. Minimum standards for benefits
Status: in_force

The superintendent shall adopt rules to establish minimum standards for benefits under individual and group health insurance. These rules must clarify the meaning of limited benefits health insurance as referred to in chapters 33 , 35 and 56‑A . The rules must also set minimum standards for benefits for each of the following categories of coverage: [PL 2001, c. 410, Pt. C, §1 (NEW).]

1. Basic hospital expense coverage. Basic hospital expense coverage; [PL 2001, c. 410, Pt. C, §1 (NEW).]

2. Basic medical-surgical expense coverage. Basic medical-surgical expense coverage; [PL 2001, c. 410, Pt. C, §1 (NEW).]

3. Basic hospital and medical-surgical expense coverage. Basic hospital and medical-surgical expense coverage; [PL 2001, c. 410, Pt. C, §1 (NEW).]

4. Hospital confinement indemnity coverage. Hospital confinement indemnity coverage; [PL 2001, c. 410, Pt. C, §1 (NEW).]

5. Individual major medical expense coverage. Individual major medical expense coverage; [PL 2001, c. 410, Pt. C, §1 (NEW).]

6. Individual basic medical expense coverage. Individual basic medical expense coverage; [PL 2001, c. 410, Pt. C, §1 (NEW).]

7. Individual disability income protection coverage. Individual disability income protection coverage; [PL 2001, c. 410, Pt. C, §1 (NEW).]

8. Accident only coverage. Accident only coverage; [PL 2001, c. 410, Pt. C, §1 (NEW).]

9. Specified disease coverage. Specified disease coverage; and [PL 2001, c. 410, Pt. C, §1 (NEW).]

10. Specified accident coverage. Specified accident coverage. [PL 2001, c. 410, Pt. C, §1 (NEW).]

This section does not preclude the issuance of a policy or contract that combines 2 or more of the categories of coverage in subsections 1 to 10 . [PL 2001, c. 410, Pt. C, §1 (NEW).]
24-A M.R.S. § 2474 — ME Code / Title 24-A / Chapter 28 / Section 2474
24-A §2474. Establishment of commission; venue -- Article 3
Status: in_force

1. Commission created. The compacting states hereby create and establish a joint public agency known as the Interstate Insurance Product Regulation Commission. The commission has the power to develop uniform standards for product lines, receive and provide prompt review of products filed and give approval to those product filings satisfying applicable uniform standards. It is not intended that the commission be the exclusive entity for receipt and review of insurance product filings in the State. This subsection does not prohibit an insurer from filing its product in a state where the insurer is licensed to conduct the business of insurance, and any such filing is subject to the laws of the state where filed. [PL 2003, c. 680, §1 (NEW).]

2. Body corporate. The commission is a body corporate and politic and an instrumentality of the compacting states. [PL 2003, c. 680, §1 (NEW).]

3. Responsible for liabilities. The commission is solely responsible for its liabilities except as otherwise specifically provided in the compact. [PL 2003, c. 680, §1 (NEW).]

4. Venue. Proper and judicial proceedings by or against the commission must be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. [PL 2003, c. 680, §1 (NEW).]
24-A M.R.S. § 2507 — ME Code / Title 24-A / Chapter 29 / Section 2507
24-A §2507. Incontestability
Status: in_force

There shall be a provision that the policy shall be incontestable after it has been in force during the lifetime of the insured for a period of not more than 2 years after its date of issue, except for nonpayment of premiums and, at the insurer's option, provisions relating to benefits in the event of total and permanent disability and provisions granting additional benefits specifically against death by accident or accidental means. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 6724 — ME Code / Title 24-A / Chapter 83 / Section 6724
24-A §6724. Sponsored captive insurance companies
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Participant" means an entity as described in subsection 6 , and any affiliates thereof, that are insured by a sponsored captive insurance company. [PL 2009, c. 335, §23 (NEW).] B. "Participant contract" means a contract by which a sponsored captive insurance company insures the risks of a participant. [PL 2009, c. 335, §23 (NEW).] C. "Protected cell" means a separate account established by a sponsored captive insurance company formed or licensed under the provisions of this chapter in which assets are maintained for one or more participants in accordance with the terms of one or more participant contracts to fund the liability of the sponsored captive insurance company assumed on behalf of the participants as set forth in the participant contracts. [PL 2009, c. 335, §23 (NEW).] D. "Sponsor" means an entity that meets the requirements of subsection 5 and is approved by the superintendent to provide all or part of the capital and surplus required by applicable law and to organize and operate a sponsored captive insurance company. [PL 2009, c. 335, §23 (NEW).] E. "Sponsored captive insurance company" means a captive insurance company: (1) In which the minimum capital and surplus required by applicable law is provided by one or more sponsors; (2) That is formed or licensed under the provisions of this chapter; (3) That insures the risks only of its participants through separate participant contracts; and (4) That funds its liability to each participant through one or more protected cells and segregates the assets of each protected cell from the assets of other protected cells and from the assets of the sponsored captive insurance company's general account. [PL 2009, c. 335, §23 (NEW).] [PL 2009, c. 335, §23 (NEW).]

2. Formation. One or more sponsors may form a sponsored captive insurance company under this chapter. In addition to the general provisions of this chapter, the provisions of this section apply to sponsored captive insurance companies. A sponsored captive insurance company must be incorporated as a stock insurer with its capital divided into shares and held by the stockholder, as a nonprofit corporation with one or more members or as a limited liability company with a limited liability company agreement approved by the superintendent. [PL 2017, c. 169, Pt. G, §10 (AMD).]

3. Supplemental application materials. In addition to the information required by section 6702 , each applicant sponsored captive insurance company shall file with the superintendent the following: A. Materials demonstrating how the applicant will account for the loss and expense experience of each protected cell at a level of detail found to be sufficient by the superintendent and how it will report the experience to the superintendent; [PL 2009, c. 335, §23 (NEW).] B. A statement acknowledging that all financial records of the sponsored captive insurance company, including records pertaining to any protected cells, will be made available for inspection or examination by the superintendent or the superintendent's designated agent; [PL 2009, c. 335, §23 (NEW).] C. All contracts or sample contracts between the sponsored captive insurance company and any participants; and [PL 2009, c. 335, §23 (NEW).] D. Evidence that expenses will be allocated to each protected cell in a fair and equitable manner. [PL 2009, c. 335, §23 (NEW).] [PL 2009, c. 335, §23 (NEW).]

4. Protected cells. A sponsored captive insurance company formed or licensed under the provisions of this chapter may establish and maintain one or more protected cells to insure risks of one or more participants, subject to the following conditions: A. The shareholders of a sponsored captive insurance company must be limited to its participants and sponsors, except that a sponsored captive insurance company may issue nonvoting securities to other persons on terms approved by the superintendent; [PL 2009, c. 335, §23 (NEW).] B. Each participant contract must specify one or more protected cells as the sole source of the participant's coverage and limit the covered losses of the participant to an amount not to exceed the amount recoverable from the assets of the protected cell or cells identified in the contract and shall provide for pro rata distribution if the assets of a cell are insufficient to pay all liabilities to participants. If the sponsored captive insurance company enters into a contract involving more than one protected cell, the rights and obligations relating to each protected cell must be several rather than joint and the contract must make clear provisions for apportionment of the rights and obligations between protected cells; [PL 2017, c. 169, Pt. G, §11 (AMD).] B-1. A sponsored captive insurance company may only reinsure risks of its participants, and its liability to a ceding insurer must be limited to amounts recoverable from the assets of the protected cell or cells participating in the risks giving rise to the underlying losses in accordance with paragraph B . Any management fees or other unallocated expenses payable to a ceding insurer or its affiliate or contractor must be charged pro rata to the protected cell or cells assuming the reinsurance and may not be a liability of the general account; [PL 2017, c. 169, Pt. G, §12 (NEW).] C. Each protected cell must be accounted for separately on the books and records of the sponsored captive insurance company to reflect the financial condition and results of operations of each protected cell, net income or loss, dividends or other distributions to participants and such other factors as may be provided in the participant contract or required by the superintendent. All attributions of assets and liabilities between a protected cell and the general account must be in accordance with the plan of operation approved by the superintendent; [PL 2017, c. 169, Pt. G, §13 (AMD).] D. The assets of a protected cell may not be chargeable with liabilities arising out of any other insurance business the sponsored captive insurance company may conduct; [PL 2009, c. 335, §23 (NEW).] E. A sale, exchange or other transfer of assets may not be made by a sponsored captive insurance company between or among any of its protected cells without the consent of the protected cells; [PL 2009, c. 335, §23 (NEW).] F. A sale, exchange, transfer of assets, dividend or distribution may not be made from a protected cell to a sponsor or participant without the superintendent's approval and in no event may approval be given if the sale, exchange, transfer, dividend or distribution would result in insolvency or impairment with respect to a protected cell; [PL 2009, c. 335, §23 (NEW).] G. Each sponsored captive insurance company must annually file with the superintendent such financial reports as the superintendent requires, which must include, without limitation, accounting statements detailing the financial experience of each protected cell; [PL 2009, c. 335, §23 (NEW).] H. Each sponsored captive insurance company must notify the superintendent in writing within 10 business days of any protected cell that is insolvent or otherwise unable to meet its claim or expense obligations; [PL 2009, c. 335, §23 (NEW).] I. A participant contract may not take effect without the superintendent's prior written approval, and the addition of each new protected cell and withdrawal of any participant or termination of any existing protected cell constitutes a change in the business plan requiring the superintendent's prior written approval; [PL 2009, c. 335, §23 (NEW).] J. The business written by a sponsored captive insurance company, with respect to each protected cell, must be: (1) Fronted by a properly licensed insurance company; (2) Reinsured by a reinsurer authorized or approved by the superintendent; or (3) Secured by a trust fund in the United States for the benefit of policyholders and claimants or funded by an irrevocable letter of credit or other arrangement that is acceptable to the superintendent. The amount of security provided must be no less than the reserves associated with those liabilities that are neither fronted nor reinsured, including reserves for losses, allocated loss adjustment expenses, incurred but not reported losses and unearned premiums for business written through the participant's protected cell. The superintendent may require the sponsored captive insurance company to increase the funding of any security arrangement established under this subparagraph. If the form of security is a letter of credit, the letter of credit must be established, issued or confirmed by a bank chartered in this State or a member of the Federal Reserve System and established in a form and upon such terms approved by the superintendent; [PL 2009, c. 335, §23 (NEW).] K. In any action or proceeding involving the potential for monetary recovery by or against a sponsored captive insurance company or for nonmonetary relief relating to a particular protected cell or cells, any process, pleading or order must name the specific protected cell or cells affected, including if applicable the general account; and [PL 2009, c. 335, §23 (NEW).] L. A sponsored captive insurance company shall notify the superintendent in writing within 10 business days after the company or any protected cell becomes impaired or insolvent. [PL 2017, c. 169, Pt. G, §14 (AMD).] [PL 2017, c. 169, Pt. G, §§11-14 (AMD).]

5. Qualification of sponsors. A sponsor of a sponsored captive insurance company must be an insurer licensed under the laws of any state, a reinsurer authorized or approved under the laws of any state, a captive insurance company formed or licensed under this chapter, a broker-dealer licensed pursuant to the Maine Uniform Securities Act, a financial institution or financial institution holding company authorized under Title 9‑B , including any affiliate or subsidiary of such financial institution holding company, or any other person approved by the superintendent in the exercise of the superintendent's discretion after finding that the approval of a person as a sponsor is not inconsistent with the purposes of this chapter. A risk retention group authorized pursuant to chapter 72‑A may not be either a sponsor or a participant of a sponsored captive insurance company. [PL 2009, c. 335, §23 (NEW).]

6. Participants in sponsored captive insurance companies. The following may be participants in a sponsored captive insurance company: A. Associations, corporations, limited liability companies, partnerships, trusts and other business entities may be participants in any sponsored captive insurance company formed or licensed under this chapter; [PL 2009, c. 335, §23 (NEW).] B. A sponsor may be a participant in a sponsored captive insurance company; [PL 2009, c. 335, §23 (NEW).] C. A participant need not be a shareholder of the sponsored captive insurance company or any affiliate thereof; and [PL 2009, c. 335, §23 (NEW).] D. A participant may insure only its own risks through a sponsored captive insurance company. [PL 2009, c. 335, §23 (NEW).] [PL 2009, c. 335, §23 (NEW).]

7. Investments by sponsored captive insurance companies. Notwithstanding the provisions of subsection 5 , the assets of 2 or more protected cells may be combined for purposes of investment, and such a combination may not be construed as defeating the segregation of assets for accounting or other purposes. Sponsored captive insurance companies shall comply with the investment requirements contained in this Title, as applicable, except that compliance with such investment requirements must be waived for sponsored captive insurance companies to the extent that credit for reinsurance ceded to reinsurers is allowed pursuant to section 6711 or to the extent otherwise considered reasonable and appropriate by the superintendent. Section 6707 applies to sponsored captive insurance companies except to the extent it is inconsistent with approved accounting standards in use by the company. Notwithstanding any other provision of this Title, the superintendent may approve the use of alternative reliable methods of valuation and rating. [PL 2009, c. 335, §23 (NEW).]

8. Delinquency of sponsored captive insurance companies or protected cells. In the case of a sponsored captive insurance company, the provisions of section 6714 apply, except as otherwise provided in this subsection. A. The insolvency of one protected cell does not constitute the insolvency of any other protected cell or of the sponsored captive insurance company itself. The insolvency of a sponsored captive insurance company does not constitute the insolvency of any of its solvent protected cells and is not a basis for the receivership of any solvent protected cell capable of independent operation. [PL 2009, c. 335, §23 (NEW).] B. Notwithstanding the insolvency of the sponsored captive insurance company or of any other protected cell, the obligations attributed to any solvent protected cell must continue to be paid as they become due. [PL 2009, c. 335, §23 (NEW).] C. The assets attributed to a protected cell may not be applied to the liabilities attributed to another protected cell or to the sponsored captive insurance company generally, except that: (1) If the insolvency of the sponsored captive insurance company renders a protected cell incapable of being managed independently, a receiver may, after consultation with the creditors of a protected cell, contract for the management of the protected cell and charge to the protected cell a reasonable amount for those services; (2) A general liability of an insolvent sponsored captive insurance company may be apportioned equitably in whole or in part to one or more of its protected cells if the Superior Court determines that the liability arises out of the operations of the protected cell or cells and that the interests of innocent creditors of the protected cell or cells are not unreasonably impaired; and (3) If assets or liabilities have been commingled, or have been wrongfully transferred between protected cells or between a protected cell and the general account, the Superior Court shall trace the assets and attribute them to the proper accounts, giving due consideration to the terms of any relevant governing instrument or contract. [PL 2009, c. 335, §23 (NEW).] D. The plan of rehabilitation or liquidation of any sponsored captive insurance company must make reasonable provision for the continued operation of all solvent protected cells, which may involve the formation of one or more new sponsored captive insurance companies or the transfer of one or more protected cells. [PL 2009, c. 335, §23 (NEW).] [PL 2009, c. 335, §23 (NEW).]
24-A M.R.S. § 4258 — ME Code / Title 24-A / Chapter 56 / Section 4258
24-A §4258. Coverage for children's early intervention services
Status: in_force

1. Definition. For purposes of this section, "children's early intervention services" means services provided by licensed occupational therapists, physical therapists, speech-language pathologists or clinical social workers working with children from birth to 36 months of age with an identified developmental disability or delay as described in the federal Individuals with Disabilities Education Act, Part C, 20 United States Code, Section 1411, et seq. [PL 2009, c. 634, §4 (NEW); PL 2009, c. 634, §5 (AFF).]

2. Required coverage. All individual and group health maintenance organization policies, contracts and certificates must provide coverage for children's early intervention services in accordance with this subsection. A. A referral from the child's primary care provider is required. [PL 2009, c. 634, §4 (NEW); PL 2009, c. 634, §5 (AFF).] B. The policy, contract or certificate may limit coverage to $3,200 per year for each child not to exceed $9,600 by the child's 3rd birthday. [PL 2009, c. 634, §4 (NEW); PL 2009, c. 634, §5 (AFF).] C. The policy, contract or certificate 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 2009, c. 634, §4 (NEW); PL 2009, c. 634, §5 (AFF).] [PL 2009, c. 634, §4 (NEW); PL 2009, c. 634, §5 (AFF).]

Revisor's Note: §4258. Coverage for the diagnosis and treatment of autism spectrum disorders (As enacted by PL 2009, c. 635, §4; §6 is REALLOCATED TO TITLE 24-A, SECTION 4259)
24-A M.R.S. § 2936 — ME Code / Title 24-A / Chapter 40 / Section 2936
24-A §2936. Tie-in sales prohibited
Status: in_force

1. No insurer shall sell insurance pursuant to a mass marketing plan if: A. Purchase of insurance available under such plan is contingent upon the purchase of any other insurance product or insurance service, or [PL 1973, c. 625, §146 (NEW).] B. The purchase of any other insurance product or insurance service is contingent upon the purchase of insurance available under such plan. [PL 1973, c. 625, §146 (NEW).] [PL 1973, c. 625, §146 (NEW).]

2. This section shall not be deemed to prohibit the reasonable requirement of safety devices, such as heat detectors, lightning rods, theft prevention equipment and the like. [PL 1973, c. 625, §146 (NEW).]
24-A M.R.S. § 2179 — ME Code / Title 24-A / Chapter 23 / Section 2179
24-A §2179. Inquests into insurance frauds
Status: in_force

On application in writing to the superintendent by an officer of any insurer doing business in the State, stating that the officer has reason to believe and does believe that any person has, by false representations, procured from the insurer an insurance, or that the insurer has sustained a loss by the fraudulent act of the insured or with the insured's knowledge or consent, and requesting an investigation thereof, the superintendent shall summon and examine, under oath, at a time and place designated by the superintendent, any persons and require the production of all books and papers necessary for a full investigation of the facts and make report thereof, with the testimony by the superintendent taken, to the insurer making such application. [RR 2021, c. 1, Pt. B, §206 (COR).]
24-A M.R.S. § 6917 — ME Code / Title 24-A / Chapter 87 / Section 6917
24-A §6917. Access payment
Status: in_force

1. Access payments required from health insurance carriers, 3rd-party administrators and employee benefit excess insurance carriers. All health insurance carriers, 3rd-party administrators and employee benefit excess insurance carriers shall pay an access payment on all paid claims, except claims under accidental injury, specified disease, hospital indemnity, dental, vision, disability income, long-term care, Medicare supplement or other limited benefit health insurance. The amount of the access payment is 2.14% on claims for services provided through June 30, 2011, 1.87% on claims for services provided from July 1, 2011 to June 30, 2012, 1.64% on claims for services provided from July 1, 2012 to June 30, 2013 and 1.14% on claims for services provided from July 1, 2013 to December 31, 2013. No access payment may be charged for any claims for services provided on January 1, 2014 or thereafter. The following provisions govern access payments. A. A health insurance carrier or employee benefit excess insurance carrier may not be required to pay an access payment on policies or contracts insuring federal employees. [PL 2009, c. 359, §4 (NEW); PL 2009, c. 359, §8 (AFF).] B. Access payments apply to claims paid beginning on or after September 1, 2009. [PL 2009, c. 359, §4 (NEW); PL 2009, c. 359, §8 (AFF).] C. Access payments must be made monthly to Dirigo Health and are due 30 days after the end of each month and must accrue interest at 12% per annum on or after the due date, except that access payments for 3rd-party administrators for groups of 500 or fewer members may be made annually not less than 60 days after the close of the plan year. [PL 2009, c. 359, §4 (NEW); PL 2009, c. 359, §8 (AFF).] D. Access payments received by Dirigo Health must be pooled with other revenues of the agency in the Dirigo Health Enterprise Fund established in section 6915 . [PL 2009, c. 359, §4 (NEW); PL 2009, c. 359, §8 (AFF).] [PL 2011, c. 380, Pt. BBB, §2 (AMD).]

2. Failure to pay access payments. The superintendent may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this State of any health insurance carrier or employee benefit excess insurance carrier or the license of any 3rd-party administrator to operate in this State that fails to pay an access payment. In addition, the superintendent may assess civil penalties in accordance with section 12‑A against any health insurance carrier, employee benefit excess insurance carrier or 3rd-party administrator that fails to pay an access payment or may take any other enforcement action authorized under section 12‑A to collect any unpaid access payments and may collect the cost of enforcement including attorney’s fees from those who fail to pay an access payment. [PL 2009, c. 359, §4 (NEW); PL 2009, c. 359, §8 (AFF).]

3. Definitions. As used in this section, the following terms have the following meanings. A. "Claims-related expenses" includes: (1) Payments for utilization review, care management, disease management, risk assessment and similar administrative services intended to reduce the claims paid for health and medical services rendered to covered individuals, usually either by attempting to ensure that needed services are delivered in the most efficacious manner possible or by helping such covered individuals to maintain or improve their health; and (2) Payments that are made to or by organized groups of providers of health and medical services in accordance with managed care risk arrangements or network access agreements and that are unrelated to the provision of services to specific covered individuals. [PL 2009, c. 359, §4 (NEW); PL 2009, c. 359, §8 (AFF).] B. "Health and medical services" includes, but is not limited to, any services included in the furnishing of medical care, dental care to the extent covered under a medical insurance policy, pharmaceutical benefits or hospitalization, including but not limited to services provided in a hospital or other medical facility; ancillary services, including but not limited to ambulatory services; physician and other practitioner services, including but not limited to services provided by a physician associate, nurse practitioner or midwife; and behavioral health services, including but not limited to mental health and substance use disorder services. [RR 2025, c. 1, Pt. B, §7 (COR).] C. "Paid claims" means all payments made by health insurance carriers, 3rd-party administrators and employee benefit excess insurance carriers for health and medical services provided under policies that insure residents of this State or, in the case of 3rd-party administrators, for health care for residents of this State, except that "paid claims" does not include: (1) Claims-related expenses and general administrative expenses; (2) Payments made to qualifying providers under a "pay for performance" or other incentive compensation arrangement if the payments are not reflected in the processing of claims submitted for services rendered to specific covered individuals; (3) Claims paid by carriers and 3rd-party administrators with respect to accidental injury, specified disease, hospital indemnity, dental, vision, disability income, long-term care, Medicare supplement or other limited benefit health insurance, except that claims paid for dental services covered under a medical policy are included; (4) Claims paid for services rendered to nonresidents of this State; (5) Claims paid under retiree health benefit plans that are separate from and not included within benefit plans for existing employees; (6) Claims paid by an employee benefit excess insurance carrier that have been counted by a 3rd-party administrator for determining its access payment; (7) Claims paid for services rendered to persons covered under a benefit plan for federal employees; and (8) Claims paid for services rendered outside of this State to a person who is a resident of this State. In those instances in which a health insurance carrier, employee benefit excess insurance carrier or 3rd-party administrator is contractually entitled to withhold certain amounts from payments due to providers of health and medical services in order to help ensure that the providers can fulfill any financial obligations they may have under a managed care risk arrangement, the full amounts due the providers before application of such withholds must be reflected in the calculation of paid claims. [PL 2009, c. 359, §4 (NEW); PL 2009, c. 359, §8 (AFF).] [RR 2025, c. 1, Pt. B, §7 (COR).]

4. Rulemaking. The board may adopt any rules necessary to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 359, §4 (NEW); PL 2009, c. 359, §8 (AFF).]
24-A M.R.S. § 3628 — ME Code / Title 24-A / Chapter 51 / Section 3628
24-A §3628. Agents -- licensing
Status: in_force

All agents of insurers subject to this chapter are subject to the applicable requirements of chapter 16 , except that: [PL 1997, c. 457, §45 (AMD); PL 1997, c. 457, §55 (AFF).]

1. No personal examination shall be required of the applicant and no examination fee shall be charged, as to an applicant for a license as an agent of an insurer writing insurance solely on the assessment plan, if on January 1, 1970 the applicant was also a director or officer of such insurer; [PL 1973, c. 625, §151 (AMD).]

2. No fee shall be required by the superintendent for license as resident agent issued to any individual referred to in subsection 1 , as agent of such an insurer. [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]
24-A M.R.S. § 408 — ME Code / Title 24-A / Chapter 5 / Section 408
24-A §408. Name of insurer
Status: in_force

1. No insurer shall be formed or authorized to transact insurance in this State which has or uses a name which is the same as or deceptively similar to that of another insurer already so authorized. [PL 1969, c. 132, §1 (NEW).]

2. No life insurer shall be so authorized which has or uses a name deceptively similar to that of another insurer, other than a predecessor in interest, authorized to transact insurance in this State within the preceding 10 years, if life insurance policies originally issued by such other insurer are still outstanding in this State. [PL 1969, c. 132, §1 (NEW).]

3. No insurer shall be formed or authorized to transact insurance which has or uses a name the same as or deceptively similar to that of any foreign insurer not so authorized if such foreign insurer has within the next preceding 12 months signified its intention to secure an incorporation in this State under such name, or to do business as a foreign insurer in this State under such name, by filing notice of such intention with the superintendent, unless the written consent to the use of such name or deceptively similar name has been given by such foreign insurer. [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]

4. No insurer shall be so authorized which has or uses a name which tends to deceive or mislead as to the type of organization of the insurer. [PL 1969, c. 132, §1 (NEW).]

5. In case of conflict of names between 2 insurers, or a conflict otherwise prohibited under this section, the superintendent may permit, or shall require as a condition to the issuance of an original certificate of authority to an applicant insurer, the insurer to use in this State such supplementation or modification of its name or such business name as may reasonably be necessary to avoid the conflict. [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]

6. Except as provided in subsection 5 , an insurer shall conduct its business in this State in its own corporate, if incorporated, or proper, if a reciprocal, name. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 2713-A — ME Code / Title 24-A / Chapter 33 / Section 2713-A
24-A §2713-A. Explanation and notice to parent
Status: in_force

If the insured is covered as a dependent child, and if the insurer is so requested by a parent of the insured, the insurer shall provide that parent with: [PL 2009, c. 244, Pt. B, §1 (AMD).]

1. Payment or denial of claim. An explanation of the payment or denial of any claim filed on behalf of the insured, except to the extent that the insured has the right to withhold consent and does not affirmatively consent to notifying the parent; [PL 2009, c. 244, Pt. B, §1 (AMD).]

2. Change in terms and conditions. An explanation of any proposed change in the terms and conditions of the policy; or [PL 1989, c. 556, Pt. D, §2 (NEW).]

3. Notice of lapse. Reasonable notice that the policy may lapse, but only if the parent has provided the insurer with the address at which the parent may be notified. [PL 1989, c. 556, Pt. D, §2 (NEW).]

In addition, any parent who is able to provide the information necessary for the insurer to process a claim must be permitted to authorize the filing of any claims under the policy. [PL 2009, c. 244, Pt. B, §1 (AMD).]
24-A M.R.S. § 1903 — ME Code / Title 24-A / Chapter 18 / Section 1903
24-A §1903. Application
Status: in_force

An applicant for a license shall file with the superintendent an application, on a form prescribed by the superintendent, that must include or have attached the following: [PL 1989, c. 846, Pt. D, §2 (NEW); PL 1989, c. 846, Pt. E, §4 (AFF).]

1. The names, addresses and official positions of the individuals who are responsible for the conduct of the affairs of the administrator, including, but not limited to, all members of the board of directors, board of trustees, executive committee, or other governing board or committee, the principal officers in the case of a corporation or the partners in the case of a partnership; [PL 2003, c. 469, Pt. E, §4 (AMD).]

2. An application fee, as specified in section 601 , that the superintendent shall apply toward the initial administrator annual fee if an administrator's license is granted to the applicant; and [PL 2003, c. 469, Pt. E, §4 (AMD).]

3. The specific type of business in which the 3rd-party administrator will or intends to engage. [PL 2003, c. 469, Pt. E, §5 (NEW).]
24-A M.R.S. § 6227 — ME Code / Title 24-A / Chapter 73 / Section 6227
24-A §6227. Rights of residents
Status: in_force

1. Individual rights. All residents of continuing care retirement communities have the following rights: A. The right to self-organize; [PL 1995, c. 452, §33 (NEW).] B. The right to be represented by an individual of their own choice; [PL 1995, c. 452, §33 (NEW).] C. The right to engage in concerted activities for their own purposes; [PL 1995, c. 452, §33 (NEW).] D. The right, individually and severally, to obtain outside advice, consultation and services of their own choosing and at their own expense on any matter, including, but not limited to, medical, legal and financial matters; and [PL 1995, c. 452, §33 (NEW).] E. The right to independence, dignity, individuality, privacy, choice and a home-like environment. These rights also include, but are not limited to, the following: (1) A recognition of the resident's rights, responsibilities, needs and preferences; (2) Assurances that the resident is free to select or refuse services and to accept responsibility for the consequences; (3) Freedom to develop and maintain social ties with opportunities for meaningful interaction and involvement with the community; (4) Recognition of personal space and the furnishing and decorating of personal space as private; (5) Recognition that ensuring a resident's well-being does not violate a resident's civil rights; (6) Freedom of a resident to set the resident's own schedule, have visitors and leave the facility; (7) Acknowledgment that a resident is entitled to a "bill of rights" including methods of resolving resident complaints and freedom from abuse, neglect and the use of chemical and physical restraints; (8) Assurances that methods of preventing and responding to incidents involving injury, loss of property, abuse and neglect will be identified and implemented; and (9) Recognition of a resident's transfer rights under section 6228 . [PL 1995, c. 452, §33 (NEW).] The department may adopt reasonable rules further defining the rights contained in this subsection. Nothing in this subsection affects the rights of nursing facility residents or residential care residents as currently provided by state or federal law or regulation. [PL 1995, c. 452, §33 (NEW).]

2. Meetings with provider. A provider must be available for meetings with residents and their representatives at least once every 3 months. These meetings are for the purpose of providing a forum for free and open discussion of any point the residents or the provider wishes to discuss. At least 2 weeks' notice of each meeting must be given to residents. [PL 1995, c. 452, §33 (NEW).]
24-A M.R.S. § 2923 — ME Code / Title 24-A / Chapter 39 / Section 2923
24-A §2923. Nonliability for certain statements
Status: in_force

1. Notices. Except as provided in Title 10, chapter 209‑B , no insurer or licensed agent or employee of the insurer may be held liable in any civil action for statements made in a notice of cancellation or intent not to renew under this chapter if: A. The statements were made in good faith; [PL 1979, c. 112, §1 (NEW).] B. The statements are reasonably related to the reason for cancellation or intent not to renew; and [PL 1979, c. 112, §1 (NEW).] C. In the case of a notice of cancellation, the reason for cancellation is a reason permitted under section 2914 . [PL 1979, c. 112, §1 (NEW).] [PL 2013, c. 588, Pt. C, §13 (AMD).]

2. Hearings. Except as provided in Title 10, chapter 209‑B , no person may be held liable in any civil action for statements made or information given at a hearing held under this chapter if: A. The statements were made or the information was given in good faith; [PL 1979, c. 112, §1 (NEW).] B. The statements or the information are reasonably related to the reason for cancellation or intent not to renew; and [PL 1979, c. 112, §1 (NEW).] C. In the case of a hearing held on a notice of cancellation, the reason for cancellation is a reason permitted under section 2914 . [PL 1979, c. 112, §1 (NEW).] [PL 2013, c. 588, Pt. C, §13 (AMD).]
24-A M.R.S. § 217 — ME Code / Title 24-A / Chapter 3 / Section 217
24-A §217. Annual report
Status: in_force

1. As soon as practical after the annual financial statements have been received from the authorized insurers, the superintendent may make a written report to the Governor showing with respect to the preceding calendar year: A. The receipts and expenses of the bureau for the year; [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).] B. A summary of the insurance business transacted in this State; [PL 1969, c. 132, §1 (NEW).] C. A summary of the financial condition of each authorized insurer, as shown by its most recent financial statement on file with the superintendent; [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).] D. Such recommendations as the superintendent considers advisable relative to amendment or supplementation of the insurance laws; and [RR 2021, c. 1, Pt. B, §161 (COR).] E. Such other information and matters as the superintendent considers to be in the public interest relative to the insurance business in this State. [RR 2021, c. 1, Pt. B, §162 (COR).] [RR 2021, c. 1, Pt. B, §§161, 162 (COR).]

2. If the report is printed, the superintendent shall furnish a copy upon request thereby to the insurance supervisory official of other states and to authorized insurers; and, if copies are available for the purpose, to other persons who so request and upon payment by such persons of such reasonable charge therefor as may be fixed by the superintendent. [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]
24-A M.R.S. § 1412 — ME Code / Title 24-A / Chapter 16 / Section 1412
24-A §1412. Prohibited activities
Status: in_force

1. License revocation. A person whose license as an insurance producer, consultant or adjuster has been revoked, suspended, denied for cause or voluntarily surrendered to avoid prosecution in this State may not participate in any manner in the conduct of an insurance business entity, whether an agency or insurance brokerage or consulting or adjusting business. [PL 2001, c. 259, §13 (AMD).]

2. Compensation. A person whose license as an insurance producer, consultant or adjuster has been revoked, suspended, denied for cause or voluntarily surrendered to avoid prosecution may not derive any compensation, by whatever name called, based on the operation of the insurance business entity in which the person was engaged or employed prior to the revocation, suspension, denial or surrender of license. This subsection does not prohibit a person from receiving compensation for activities that the person engaged in prior to any loss of license referred to in this section, nor does it prohibit any person from divesting an interest in an insurance company or agency for value. [PL 2001, c. 259, §13 (AMD).]

3. Relicensure. Nothing in this section prohibits any rights a person may have to seek relicensure under section 1418 . [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]

4. Violations. Any person violating this section is guilty of a Class E crime and may be punished upon conviction, by a fine of not less than $100 nor more than $1,000, or by imprisonment for not more than 6 months, or by both. [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
24-A M.R.S. § 951 — ME Code / Title 24-A / Chapter 11 / Section 951
24-A §951. Short title
Status: in_force

This subchapter may be known and cited as "the Standard Valuation Law." [PL 2013, c. 238, Pt. C, §1 (NEW).]
24-A M.R.S. § 477 — ME Code / Title 24-A / Chapter 5 / Section 477
24-A §477. Duration at will of Governor
Status: in_force

The authority and power given the superintendent under this subchapter shall terminate and be of no effect when the Governor proclaims that any insurance emergency has ceased to exist. [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]
24 M.R.S. § 2319 — ME Code / Title 24 / Chapter 19 / Section 2319
24 §2319. Newborn children coverage
Status: in_force

All individual and group nonprofit hospital and medical service organization contracts and certificates must provide that benefits are payable with respect to a newly born child from the moment of birth. [PL 2003, c. 517, Pt. A, §1 (AMD); PL 2003, c. 517, Pt. A, §13 (AFF).]

The coverage for newly born children must consist of coverage of injury, sickness or other benefits provided by the contract, including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities. [PL 1997, c. 604, Pt. C, §1 (AMD).]

If payment of a specific subscription fee is required to provide coverage for a child, the contract may require that notification of birth of a newly born child and payment of the required fees must be furnished to the nonprofit hospital or medical service organization within 31 days after the date of birth in order to have the coverage continue beyond that 31-day period. The payment may be required to be retroactive to the date of birth. Benefits required by section 2318-A must be paid regardless of whether coverage under this section is elected. [PL 1997, c. 604, Pt. C, §1 (AMD).]

The requirements of this section apply to all subscriber contracts delivered or issued for delivery in this State more than 120 days after the effective date of this Act. [PL 1997, c. 604, Pt. C, §1 (AMD).]
24-A M.R.S. § 731-D — ME Code / Title 24-A / Chapter 9 / Section 731-D
24-A §731-D. Notification of reinsurance changes
Status: in_force

The superintendent may by rule or order require an insurer to promptly inform the superintendent in writing of the cancellation or any other material change of any of the insurer's reinsurance treaties or arrangements. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2013, c. 238, Pt. B, §9 (AMD).]
24-A M.R.S. § 2750 — ME Code / Title 24-A / Chapter 33 / Section 2750
24-A §2750. Acquired Immune Deficiency Syndrome
Status: in_force

No individual or family health insurance policy delivered or issued for delivery in this State may provide more restrictive benefits for sickness or disablement or the related expenses resulting from Acquired Immune Deficiency Syndrome (AIDS), AIDS Related Complex (ARC) or HIV related diseases than for any other sickness or disabling condition or exclude benefits for AIDS, ARC or HIV related diseases except through an exclusion under which all sickness and diseases are treated the same. This section shall not apply to a policy providing benefits for specific diseases or accidental injury only. [PL 1989, c. 176, §5 (NEW).]
24 M.R.S. § 2332 — ME Code / Title 24 / Chapter 19 / Section 2332
24 §2332. Assessment for the recoupment of expenses related to the regulation of nonprofit hospital or medical service organizations and nonprofit health care plans
Status: in_force

The Superintendent of Insurance shall levy an assessment annually upon nonprofit hospital or medical service organizations and nonprofit health care plans licensed to do business in this State in proportion to their respective subscription income derived from business operations in this State during the year ending December 31st immediately preceding the fiscal year for which assessment is made. The annual assessment upon all hospital or medical service organizations and health care plans must be applied to the budget of the bureau for the fiscal year commencing July 1st. For any biennial period, total assessment must be in an amount not exceeding .00015 of subscription income. When the superintendent calculates the amount of the annual assessment, the superintendent shall consider, among other factors, the staffing level required to administer the nonprofit health care regulatory program of the bureau. [PL 1991, c. 334, §1 (AMD).]

1. Expense of examination. The expense of examination of any corporation described in section 2301 shall continue to be borne by the corporation examined. The expense of examination consistent with section 2307 shall not be considered when determining the assessment for the recoupment of expenses related to the nonprofit health care regulatory program of the bureau. [PL 1985, c. 446, §1 (NEW).]

2. Subscription income. Based on the annual statement filed by each nonprofit hospital or medical service organization or health care plan pursuant to section 2306 , the superintendent shall ascertain the amount of subscription income received in that year. For the purpose of this section only, "subscription income" means and includes subscription premium and other considerations received by hospital or medical service organizations and health care plans, on account of certificates or contracts covering risks located, resident or to be performed in this State, after deducting subscription or other contract consideration returns. "Subscription income" does not include direct gross written premium used to calculate the assessment, pursuant to Title 24-A, section 237 , for a health maintenance organization operated and organized as a division or line of business of a nonprofit hospital or medical or health care service organization. [PL 1997, c. 79, §1 (AMD).]

3. Minimum assessment. In any year in which a nonprofit hospital or medical service organization or health care plan has no subscription income derived from business operations in this State, or in which subscription income is not sufficient to produce at the rate prescribed an amount equal to or in excess of $100, the minimum assessment payable shall be $100. [PL 1985, c. 446, §1 (NEW).]

4. Notification of assessment. On or before July 1st of each year, the superintendent shall forward to each nonprofit hospital or medical service organization and health care plan an itemized bill of the amount due for the annual assessment, the amount due for the filing of the annual statement and the amount due for the certificate of authority annual fee pursuant to Title 24-A, section 601 . [PL 1997, c. 592, §6 (AMD).]

5. Time of payment. Payment for the annual assessment, the annual statement filing fee and the annual fee must be made on or before August 10th. [PL 1997, c. 592, §6 (AMD).]

6. Revocation or suspension. If the assessment, annual statement filing fee or annual fee is not paid to the superintendent on or before the prescribed date, the certificate of authority of any nonprofit hospital or medical service organization or health care plan to transact business in this State may be revoked or suspended by the superintendent, after a hearing thereon or upon waiver of hearing by the nonprofit hospital or medical service organization or health care plan, until the assessment is paid. [PL 1997, c. 592, §7 (AMD).]

7. Recalculation of assessment. Immediately following the close of the fiscal year ending June 30, 1987, and at the close of each 2nd succeeding fiscal year, the superintendent shall recalculate the assessment made against each party assessed after giving recognition to actual expenditures for the nonprofit health care regulatory program of the bureau during the preceding biennial period. On or before October 1st, the superintendent shall render to each party assessed a statement showing the difference between their respective recalculated assessment and the amount they had paid with respect to the preceding biennium. Any overpayment of annual assessment resulting from complying with the requirements of this section shall be refunded or, at the option of the assessed party, applied as a credit against the assessment for the succeeding fiscal year. Any overpayment of $100 or less shall be applied as a credit against the assessment for the succeeding fiscal year. [PL 1985, c. 446, §1 (NEW).]

8. Deposit with Treasurer of State. The superintendent shall deposit all payments made pursuant to this section with the Treasurer of State. The money shall be used for the sole purpose of recouping the expenses related to the nonprofit health care regulatory program of the Bureau of Insurance. [PL 1985, c. 446, §1 (NEW).]

9. Applicability. This section applies with respect to fiscal years commencing on or after July 1, 1986. [PL 1985, c. 446, §1 (NEW).]

10. Filing fees. The superintendent may require nonprofit hospital or medical service organizations and nonprofit health care plans to pay filing fees for form and rate approval on a quarterly, biennial or annual basis. [PL 1997, c. 457, §6 (NEW).]
24 M.R.S. § 2320-C — ME Code / Title 24 / Chapter 19 / Section 2320-C
24 §2320-C. Coverage for breast cancer treatment
Status: in_force

1. Inpatient care. All individual and group nonprofit hospital and medical services plan contracts providing coverage for medical and surgical benefits must ensure that inpatient coverage with respect to the treatment of breast cancer is provided for a period of time determined by the attending physician, after providing notice to the patient regarding the coverage required by this subsection and in consultation with the patient, to be medically appropriate following a mastectomy, a lumpectomy or a lymph node dissection for the treatment of breast cancer. Nothing in this subsection may be construed to require the provision of inpatient coverage if the attending physician and patient determine that a shorter period of hospital stay is appropriate. In implementing the requirements of this subsection, an individual and group nonprofit hospital and medical services plan contract may not modify the terms and conditions of coverage based on the determination by any enrollee to request less than the minimum coverage required under this subsection. All individual and group nonprofit hospital and medical services plan contracts must provide written notice to each enrollee under the contract regarding the coverage required by this subsection. The notice must be prominently positioned in any literature or correspondence made available or distributed by the plan and must be transmitted in the next mailing made by the plan to the enrollee or as part of any yearly information packet sent to the enrollee, whichever is earlier. The notice must also be made available to any physician participating in the insurer's provider network. [PL 2015, c. 227, §1 (AMD); PL 2015, c. 227, §5 (AFF).]

2. Reconstruction. All individual and group nonprofit hospital and medical services plan contracts providing coverage for mastectomy surgery must provide coverage for reconstruction of the breast on which surgery has been performed and surgery and reconstruction of the other breast to produce a symmetrical appearance if the patient elects reconstruction and in the manner chosen by the patient and the physician. [PL 1997, c. 408, §2 (NEW); PL 1997, c. 408, §8 (AFF).]

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. For purposes of this section, all contracts are deemed to be renewed no later than the next yearly anniversary of the contract date. [PL 2003, c. 517, Pt. B, §5 (NEW).]
24-A M.R.S. § 4119 — ME Code / Title 24-A / Chapter 55 / Section 4119
24-A §4119. The contract
Status: in_force

Every society authorized to do business in this State shall issue to each benefit member a certificate specifying the amount of benefits provided thereby. The certificate, together with any riders or endorsements attached thereto, the charter or articles of incorporation, the constitution and laws of the society, the application for membership, and declaration of insurability, if any, signed by the applicant, and all amendments to each thereof, shall constitute the agreement, as of the date of issuance, between the society and the member, and the certificate shall so state. A copy of the application for membership and of the declaration of insurability, if any, shall be endorsed upon or attached to the certificate. [PL 1969, c. 132, §1 (NEW).]

All statements purporting to be made by the member shall be representations and not warranties. Any waiver of this provision shall be void. [PL 1969, c. 132, §1 (NEW).]

Any changes, additions or amendments to the charter or articles of incorporation, constitution or laws duly made or enacted subsequent to the issuance of the certificate, shall bind the member and the beneficiaries, and shall govern and control the agreement in all respects the same as though such changes, additions or amendments had been made prior to and were in force at the time of the application for membership, except that no change, addition or amendment shall destroy or diminish benefits which the society contracted to give the member as of the date of issuance. [PL 1969, c. 132, §1 (NEW).]

Copies of any of the documents mentioned in this section, certified by the secretary or corresponding officer of the society, shall be received in evidence of the terms and conditions thereof. [PL 1969, c. 132, §1 (NEW).]

A society shall provide in its constitution or laws that if its reserves as to all or any class of certificates become impaired its board of directors or corresponding body may require that there shall be paid by the member to the society the amount of the member's equitable proportion of such deficiency as ascertained by its board, and that if the payment be not made it shall stand as an indebtedness against the certificate and draw interest not to exceed 5% per annum compounded annually. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 2823-B — ME Code / Title 24-A / Chapter 35 / Section 2823-B
24-A §2823-B. Standardized claim forms
Status: in_force

All insurers providing group medical expense insurance on an expense-incurred basis providing payment or reimbursement for diagnosis or treatment of a condition or a complaint by a licensed health care practitioner must accept the current standardized claim form for professional services approved by the Federal Government and submitted electronically. All insurers providing group medical expense insurance on an expense-incurred basis providing payment or reimbursement for diagnosis or treatment of a condition or a complaint by a licensed hospital must accept the current standardized claim form for professional or facility services, as applicable, approved by the Federal Government and submitted electronically, and any claims for facility services must identify the physical location, including hospital off-campus locations, where services are provided. An insurer may not be required to accept a claim submitted on a form other than the applicable form specified in this section and may not be required to accept a claim that is not submitted electronically, except from a health care practitioner who is exempt pursuant to Title 24, section 2985 . All services provided by a health care practitioner in an office setting must be submitted on the standardized federal form used by noninstitutional providers and suppliers. Services in a nonoffice setting may be billed as negotiated between the insurer and health care practitioner. For purposes of this section, "office setting" means a location where the health care practitioner routinely provides health examinations, diagnosis and treatment of illness or injury on an ambulatory basis whether or not the office is physically located within a facility. [PL 2023, c. 521, §5 (AMD).]
24-A M.R.S. § 2509 — ME Code / Title 24-A / Chapter 29 / Section 2509
24-A §2509. Dividends
Status: in_force

1. There shall be a provision in participating policies that, beginning not later than the end of the 3rd policy year, the insurer shall annually ascertain and apportion the divisible surplus, if any, that will accrue on the policy anniversary or other dividend date specified in the policy provided the policy is in force and all premiums to that date are paid. Except as hereinafter provided, any dividend becoming payable shall at the option of the party entitled to elect such option be either: A. Payable in cash, or [PL 1969, c. 132, §1 (NEW).] B. Applied to any one of such other dividend options as may be provided by the policy. If any such other dividend options are provided, the policy shall further state which option shall be automatically effective if such party shall not have elected some other option. If the policy specifies a period within which such other dividend option may be elected, such period shall be not less than 30 days following the date on which such dividend is due and payable. The annually apportioned dividend shall be deemed to be payable in cash within the meaning of paragraph A even though the policy provides that payment of such dividend is to be deferred for a specified period, provided such period does not exceed 6 years from the date of apportionment and that interest will be added to such dividend at a specified rate. [RR 2011, c. 1, §38 (COR).] [RR 2011, c. 1, §38 (COR).]

2. Renewable term policies of 10 years or less may provide that the surplus accrued to such policies shall be determined and apportioned each year after the second policy year, and accumulated during each renewal period, and that at the end of the renewal period, on renewal of the policy by the insured, the insurer shall apply the accumulated surplus as an annuity for the next succeeding renewal term in the reduction of premiums. [PL 1969, c. 132, §1 (NEW).]

3. In participating industrial life insurance policies, in lieu of the provision required in subsection 1 , there shall be a provision that, beginning not later than the end of the 5th policy year, the policy shall participate annually in the divisible surplus, if any, in the manner set forth in the policy. [PL 1969, c. 132, §1 (NEW).]

4. This section does not apply as to insurance issued in consideration of lapsed or surrendered policies. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 2825 — ME Code / Title 24-A / Chapter 35 / Section 2825
24-A §2825. Forms for proof of loss
Status: in_force

There shall be a provision that the insurer will furnish to the policyholder such forms as are usually furnished by it for filing proof of loss. If such forms are not furnished before the expiration of 15 days after the insurer received notice of any claim under the policy, the person making such claim shall be deemed to have complied with the requirements of the policy as to proof of loss upon submitting within the time fixed in the policy for filing proof of loss, written proof covering the occurrence, character and extent of the loss for which claim is made. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 957-A — ME Code / Title 24-A / Chapter 11 / Section 957-A
24-A §957-A. Superintendent's authority to approve certain plans
Status: in_force

1. In the case of any plan of life insurance which provides for future premium determination, the amounts of which are to be determined by the insurance company based on then estimates of future experience, or in the case of any plan of life insurance or annuity which is of such a nature that the minimum reserves cannot be determined by the methods described in sections 954 and 957 , the reserves which are held under any plan of that type must: A. Be appropriate in relation to the benefits and the pattern of premiums for that plan; and [PL 1983, c. 346, §8 (NEW).] B. Be computed by a method which is consistent with the principles of this Standard Valuation Law, [PL 1983, c. 346, §8 (NEW).] as determined by regulations promulgated by the superintendent. [PL 1983, c. 346, §8 (NEW).]
24-A M.R.S. § 2543 — ME Code / Title 24-A / Chapter 29 / Section 2543
24-A §2543. Nonforfeiture provisions
Status: in_force

1. In the case of contracts issued on or after January 1, 1980, no contract of annuity, except as stated in section 2542 , shall be delivered in this State unless it contains in substance the following provisions, or corresponding provisions which in the opinion of the superintendent are at least as favorable to the contract holder, upon cessation of payment of considerations under the contract: A. Upon cessation of payment of considerations under a contract, the insurer will grant a paid-up annuity benefit on a plan stipulated in the contract of such value as is specified in sections 2545 to 2548 and section 2550 ; [PL 1979, c. 442, §4 (NEW).] B. If a contract provides for a lump sum settlement at maturity, or at any other time, upon surrender of the contract at or prior to the commencement of any annuity payments, the insurer will pay in lieu of any paid-up annuity benefit a cash surrender benefit of such amount as is specified in sections 2545 to 2548 and section 2550 . The insurer shall reserve the right to defer the payment of the cash surrender benefit for a period of 6 months after demand therefor with surrender of the contract; [PL 1979, c. 442, §4 (NEW).] C. A statement of the mortality table, if any, and interest rates used in calculating any minimum paid-up annuity, cash surrender or death benefits that are guaranteed under the contract, together with sufficient information to determine the amounts of the benefits; and [PL 1979, c. 442, §4 (NEW).] D. A statement that any paid-up annuity, cash surrender or death benefits that may be available under the contract are not less than the minimum benefits required by any statute of the state in which the contract is delivered and an explanation of the manner in which the benefits are altered by the existence of any additional amounts credited by the insurer to the contract, any indebtedness to the insurer on the contract or any prior withdrawals from or partial surrenders of the contract. [PL 1979, c. 442, §4 (NEW).] [PL 1979, c. 442, §4 (NEW).]

2. Notwithstanding the requirements of sections 2541 to 2551 , any deferred annuity contract may provide that if no considerations have been received under a contract for a period of 2 full years and the portion of the paid-up annuity benefit at maturity on the plan stipulated in the contract arising from considerations paid prior to that period would be less than $20 monthly, the insurer may at its option terminate the contract by payment in cash of the then present value of that portion of the paid-up annuity benefit, calculated on the basis of the mortality table, if any, and interest rate specified in the contract for determining the paid-up annuity benefit, and by that payment shall be relieved of any further obligation under that contract. [PL 1979, c. 442, §4 (NEW).]
24-A M.R.S. § 2733 — ME Code / Title 24-A / Chapter 33 / Section 2733
24-A §2733. Policies issued for delivery in another state
Status: in_force

If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance superintendent or corresponding public official of such other state has informed the superintendent that any such policy is not subject to approval or disapproval by such official, the superintendent may by ruling require that the policy meet the standards set forth in sections 2703 to 2732 . [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]
24-A M.R.S. § 1415 — ME Code / Title 24-A / Chapter 16 / Section 1415
24-A §1415. License authorities
Status: in_force

1. Producer authorities. An individual resident or nonresident insurance producer may receive any of the full license authorities pursuant to section 1420‑F, subsection 1, paragraphs A to F and surplus lines authority in accordance with chapter 19 . A. [PL 2001, c. 259, §16 (RP).] B. [PL 2001, c. 259, §16 (RP).] C. [PL 2001, c. 259, §16 (RP).] D. [PL 2001, c. 259, §16 (RP).] E. [PL 2001, c. 259, §16 (RP).] [PL 2011, c. 238, Pt. H, §4 (AMD).]

2. Consultant categories. A resident or nonresident consultant may receive the following authorities under the license: A. Property and casualty; or [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).] B. Life and health. [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).] [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]

3. Adjuster authorities. A resident or nonresident adjuster may receive the following authorities under the license: A. Property and casualty insurance adjuster; [PL 2017, c. 152, §4 (AMD); PL 2017, c. 152, §5 (AFF).] B. Multiple peril crop insurance adjuster; and [PL 2017, c. 152, §4 (AMD); PL 2017, c. 152, §5 (AFF).] C. Workers' compensation insurance adjuster. [PL 2017, c. 152, §4 (NEW); PL 2017, c. 152, §5 (AFF).] [PL 2017, c. 152, §4 (AMD); PL 2017, c. 152, §5 (AFF).]
24 M.R.S. § 2321 — ME Code / Title 24 / Chapter 19 / Section 2321
24 §2321. Rate filings on individual subscriber and membership contracts
Status: in_force

1. Filing of rate information. Every nonprofit hospital and medical service organization shall file with the superintendent every rate, rating formula and every modification of any of the foregoing that it proposes to use in connection with individual health insurance contracts, group Medicare supplement contracts as defined in Title 24‑A, chapter 67 , group nursing home or long-term care contracts as defined in Title 24‑A, chapter 68 or 68‑A , and certain group contracts included within the definition of "individual health plan" in Title 24‑A, section 2736‑C, subsection 1, paragraph C . Every filing under this subsection must state the effective date of the filing. Every filing under this subsection must be made not less than 60 days in advance of the stated effective date unless the 60-day requirement is waived by the superintendent for a period of time not to exceed 30 days. [PL 2009, c. 244, Pt. C, §1 (AMD).]

2. Filing information. When a filing is not accompanied by the information upon which the organization supports such filing, or the superintendent does not have sufficient information to determine whether such filing meets the requirements that the rates not be excessive, inadequate or unfairly discriminatory, the superintendent shall require the organization to furnish the information upon which it supports the filing. A filing and supporting information are public records within the meaning of Title 1, section 402, subsection 3 and become part of the official record of any hearing held pursuant to section 2322 . For the purpose of determining whether the filing produces rates that are not excessive, inadequate or unfairly discriminatory, the superintendent and the Attorney General each may employ consultants, including actuaries, and the reasonable costs of the consultants, including actuaries, which must include costs of testifying at any hearing held pursuant to section 2322 , must be borne by the organization making such filing. The organization is not responsible for any costs from the Attorney General exceeding $40,000 for any filing. [PL 1997, c. 344, §6 (AMD).]

3. Three-year review. [PL 1997, c. 344, §6 (RP).]

4. Criteria for special rate hearings. [PL 2009, c. 244, Pt. C, §2 (RP).]

5. Special rate hearing. [PL 2009, c. 244, Pt. C, §3 (RP).]
24-A M.R.S. § 2541 — ME Code / Title 24-A / Chapter 29 / Section 2541
24-A §2541. Short title
Status: in_force

Sections 2541 to 2551 shall be known as the "Standard Nonforfeiture Law for Individual Deferred Annuities." [PL 1979, c. 442, §4 (NEW).]
24-A M.R.S. § 2304-A — ME Code / Title 24-A / Chapter 25 / Section 2304-A
24-A §2304-A. Rate filings
Status: in_force

1. Every insurer shall file with the superintendent, except as to inland marine risks, which by general custom of the business are not written according to manual rates or rating plans, every manual rate, minimum premium, class rate, rating schedule or rating plan and every other rating rule, and every modification of any of the foregoing that it proposes to use. The filing must state the effective date of the filing and indicate the character and extent of the coverage contemplated. The filing must be made not less than 30 days in advance of the stated effective date unless that 30-day requirement is waived by the superintendent. The superintendent shall act on a filing no later than 30 days from receipt unless an extension is requested by the filer. A filing required under this section must be made electronically in a format required by the superintendent unless exempted by rule adopted by the superintendent. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . A. [PL 1991, c. 377, §10 (RP).] B. [PL 1991, c. 377, §10 (RP).] C. [PL 1991, c. 377, §10 (RP).] D. [PL 1991, c. 377, §10 (RP).] E. [PL 1991, c. 377, §10 (RP).] F. [PL 1991, c. 377, §10 (RP).] G. [PL 1991, c. 377, §10 (RP).] H. [PL 1991, c. 377, §10 (RP).] [PL 2009, c. 14, §1 (AMD).]

2. Every insurer must file or incorporate by reference material that has been approved by the superintendent at the time rates are filed, including all supplementary rating, and supporting information to be used in support of or in conjunction with a rate. The information furnished in support of a filing may include or reference: A. The experience or judgment of the insurer or information filed by an advisory organization on behalf of the insurer as permitted by sections 2321‑D and 2321‑E ; [PL 1991, c. 377, §10 (RPR).] B. The insurer's interpretation of any statistical data upon which it relies; [PL 1991, c. 377, §10 (RPR).] C. The experience of other insurers or advisory organizations; or [PL 1991, c. 377, §10 (RPR).] D. Any other relevant factors. [PL 1991, c. 377, §10 (RPR).] [PL 1991, c. 377, §10 (RPR).]

3. An advisory organization filing of prospective loss costs and supplementary rating information must be filed for approval at least 60 days before it becomes effective. This period may be extended by the superintendent for an additional period not to exceed 60 days if written notice is given to the advisory organization that additional time is needed for the consideration of the filing. Upon written application by the advisory organization, the superintendent may authorize a filing that has been reviewed to become effective before the expiration of the waiting period or any extension of the waiting period. A filing is deemed to meet the requirements of this chapter unless disapproved by the superintendent within the waiting period or any extension of the waiting period. If the superintendent has requested the advisory organization to furnish the information upon which it supports that filing, the waiting period commences as of the date that information is furnished. [PL 1991, c. 377, §10 (RPR).]

4. When a filing is not accompanied by the information upon which the insurer supports that filing, the superintendent may require the insurer to furnish the information upon which it supports the filing. Any filing may be supported by the experience, or judgment if experience is not available, of the insurer or advisory organization making the filing, the experience of other insurers or advisory organizations or any other factors that the insurer or advisory organization determines relevant. A filing and any other supporting information are open to public inspection after the filing becomes effective. [PL 1991, c. 377, §10 (RPR).]

5. Specific inland marine rates on risks specially rated, made by an advisory organization, must be filed with the superintendent, become effective when filed, and are deemed approved and in compliance with the requirements of this chapter until the superintendent rejects the filing. [PL 1991, c. 377, §10 (RPR).]

6. Filings of rates to be utilized in connection with one or more mass marketing plans as defined in section 2932 must clearly identify their applicability to those plans. [PL 1991, c. 377, §10 (RPR).]

7. Except as provided in section 2304‑C , a rate filing and its supporting data are confidential until the filing is approved. [PL 2005, c. 121, Pt. C, §1 (AMD).]

8. Nothing in this chapter requires an advisory organization or its members or subscribers immediately to refile final rates or premium charges previously approved or lawfully in effect. Members or subscribers of an advisory organization are authorized to continue to use rates or premium charges approved or lawfully in effect before the effective date of this chapter. [PL 1991, c. 377, §10 (RPR).]
24-A M.R.S. § 2712 — ME Code / Title 24-A / Chapter 33 / Section 2712
24-A §2712. Time of payment of claims
Status: in_force

There shall be a provision as follows: Time of payment of claims: Indemnities payable under this policy for any loss other than loss for which this policy provides any periodic payment, will be paid immediately upon receipt of due written proof of such loss. Subject to due written proof of loss, all accrued indemnities for loss for which this policy provides periodic payment will be paid (insert period for payment which must not be less frequently than monthly) and any balance remaining unpaid upon the termination of liability will be paid immediately upon receipt of due written proof. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 423-F — ME Code / Title 24-A / Chapter 5 / Section 423-F
24-A §423-F. Own risk and solvency assessment
Status: in_force

1. General requirement. A domestic insurer that is not subject to registration under section 222, subsection 8 shall comply with the requirements of section 222, subsection 8, paragraph B‑3 if the requirements of that paragraph would apply if the insurer were subject to registration. The superintendent is considered the insurer's lead regulator for purposes of this section. [PL 2013, c. 238, Pt. A, §30 (NEW); PL 2013, c. 238, Pt. A, §34 (AFF).]

2. Confidentiality. All documents prepared or filed pursuant to this section are confidential to the same extent and subject to the same terms and procedures as if they were prepared or filed pursuant to section 222, subsection 8, paragraph B‑3 . [PL 2013, c. 238, Pt. A, §30 (NEW); PL 2013, c. 238, Pt. A, §34 (AFF).]
24-A M.R.S. § 2175 — ME Code / Title 24-A / Chapter 23 / Section 2175
24-A §2175. Insurer's ownership of funeral establishment or cemetery prohibited
Status: in_force

No insurer may own or manage or supervise or operate or maintain a mortuary establishment , a funeral establishment, a cemetery, a cemetery corporation or association, a crematorium, a mausoleum or a columbarium. [PL 1989, c. 206, §1 (AMD).]
24-A M.R.S. § 3359 — ME Code / Title 24-A / Chapter 47 / Section 3359
24-A §3359. Bylaws
Status: in_force

1. A domestic mutual insurer shall have bylaws for the government of its affairs. The insurer's initial board of directors shall adopt original bylaws, subject to the approval of the insurer's members at the next meeting of members. [PL 1969, c. 132, §1 (NEW).]

2. The bylaws shall contain provisions, consistent with this Title, relating to: A. The voting rights of members; [PL 1969, c. 132, §1 (NEW).] B. Election of directors, and the number, qualifications, terms of office and powers of directors; [PL 1969, c. 132, §1 (NEW).] C. Annual and special meetings of members; [PL 1969, c. 132, §1 (NEW).] D. The number, designation, election, terms and powers and duties of the respective corporate officers; [PL 1969, c. 132, §1 (NEW).] E. Deposit, custody, disbursement and accounting for corporate funds; [PL 1969, c. 132, §1 (NEW).] F. Fidelity bonds covering such officers and employees of the insurer as handle its funds, to be issued by a corporate surety and to be in such amount as may be reasonable; and [PL 1969, c. 132, §1 (NEW).] G. Such other matters as may be customary, necessary or convenient for the management or regulation of corporate affairs. [PL 1969, c. 132, §1 (NEW).] [PL 1969, c. 132, §1 (NEW).]

3. The insurer shall promptly file with the superintendent a copy, certified by the insurer's secretary, of its bylaws and of every modification thereof or addition thereto. The superintendent shall disapprove any bylaw provision deemed by him, after a hearing held thereon, to be unlawful, unreasonable, inadequate, unfair or detrimental to the proper interests or protection of the insurer's members or any class thereof. The insurer shall not, after receiving written notice of such disapproval and during the existence thereof, effectuate any bylaw provision so disapproved. [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]
24-A M.R.S. § 1137 — ME Code / Title 24-A / Chapter 13 / Section 1137
24-A §1137. Investments of foreign insurers
Status: in_force

The investment portfolio of a foreign or alien insurer shall be as permitted by the laws of its domicile if of a quality substantially equal to that required under this chapter for similar funds of like domestic insurers. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 4234-F — ME Code / Title 24-A / Chapter 56 / Section 4234-F
24-A §4234-F. Maternity and postpartum care
Status: in_force

A health maintenance organization that issues individual and group contracts providing maternity benefits shall provide coverage for 12 months following childbirth for postpartum care services and support necessary to transition a patient to a healthy and stable condition that meets the recommendations of the American College of Obstetricians and Gynecologists outlined in the "Optimizing Postpartum Care" opinion published May 2018. The postpartum care services and support provided in accordance with this section must include coverage for development of a postpartum care plan; contact with the patient within 3 weeks of the end of pregnancy; a comprehensive postpartum visit, including a full assessment of the patient's physical, social and psychological well-being; treatment of complications of pregnancy and childbirth, including pelvic floor disorders and postpartum depression; assessment of risk factors for cardiovascular disease; and care related to pregnancy loss. [PL 2021, c. 691, §3 (NEW); PL 2021, c. 691, §5 (AFF).]
24-A M.R.S. § 3472 — ME Code / Title 24-A / Chapter 47 / Section 3472
24-A §3472. Mutualization of stock insurer
Status: in_force

1. A stock insurer other than a title insurer may become a mutual insurer, or a combination stock and mutual insurer, under such plan and procedure as may be approved by the superintendent after a hearing thereon. [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]

2. The superintendent shall not approve any such plan, procedure or mutualization unless: A. It is equitable to stockholders and policyholders; [PL 1969, c. 132, §1 (NEW).] B. It is subject to approval by the holders of not less than 2/3 of the insurer's outstanding capital stock having voting rights, and by not less than 2/3 of the insurer's policyholders who vote on such plan in person, by proxy or by mail pursuant to such notice and procedure as may be approved by the superintendent; [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).] C. If a life insurer, the right to vote thereon is limited to holders of policies other than term or group policies, and whose policies have been in force for more than one year; [PL 1969, c. 132, §1 (NEW).] D. Mutualization will result in retirement of shares of the insurer's capital stock at a price not in excess of the fair market value thereof as determined by competent disinterested appraisers; [PL 1969, c. 132, §1 (NEW).] E. The plan provides for the purchase of the shares of any nonconsenting stockholder in the same manner and subject to the same applicable conditions as provided by the general corporation law of the State as to rights of nonconsenting stockholders, with respect to consolidation or merger of private corporations; [PL 1969, c. 132, §1 (NEW).] F. The plan provides for definite conditions to be fulfilled by a designated early date upon which such mutualization will be deemed effective; and [PL 1969, c. 132, §1 (NEW).] G. The mutualization leaves the insurer with surplus funds reasonably adequate for the security of its policyholders and to enable it to continue successfully in business in the states in which it is then authorized to transact insurance, and for the kinds of insurance included in its certificates of authority in such states. [PL 1969, c. 132, §1 (NEW).] [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]

3. Any such combination stock and mutual insurer referred to in subsection 1 above must have and maintain separate paid-in capital stock and basic surplus in respective amounts as would be required under this Title of separate domestic stock and mutual insurers transacting the same kind or kinds of insurance. [PL 1969, c. 132, §1 (NEW).]

4. No director, officer, agent or employee of the insurer, or any other person, shall receive any fee, commission or other valuable consideration whatsoever, other than their customary salaries or other regular compensation, for in any manner aiding, promoting or assisting in the mutualization, except as set forth in the plan of mutualization as approved by the superintendent. [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]

5. This section shall not apply to mutualization under order of court pursuant to rehabilitation or reorganization of an insurer under chapter 57 . [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 1111 — ME Code / Title 24-A / Chapter 13 / Section 1111
24-A §1111. -- application of earnings test
Status: in_force

In applying the earnings tests under this chapter to any institution for any period, whether or not in legal existence at the beginning of such period: [PL 1969, c. 132, §1 (NEW).]

1. Earnings from the beginning of such period may include, as determined in accordance with adjusted or pro forma consolidated earnings statements, earnings of any other institution the assets of which have been acquired substantially as an entirety by purchase, merger, consolidation or otherwise after the beginning of such period. If less than substantially all the assets of another institution have been so acquired, and such assets constitute either substantially all the assets of the acquiring institution immediately after such acquisition or substantially all the assets theretofore employed by such other institution in a divisional, branch or other unit operation, the earnings determined to be properly attributable to the assets so acquired may be so included, if certified by an independent accountant approved by the insurer to be earnings so attributable. If any such acquisition of assets has been made from a business enterprise other than an institution, the earnings determined to be attributable to the assets so acquired may likewise be so included if so certified. In the case of any such inclusion of earnings of assets so acquired, fixed charges, contingent interest or dividends for the period of such inclusion shall be either A. The fixed charges, contingent interest or dividends for such period determined in accordance with adjusted or pro forma consolidated statements for such period giving effect to any additional fixed charges or contingent interest existing or dividends on stock or shares outstanding, immediately after such acquisition, properly attributable to such acquisition, as certified by an independent accountant approved by the insurer to be such fixed charges, contingent interest or dividends so determined, or [PL 1969, c. 132, §1 (NEW).] B. The fixed charges or contingent interest existing or dividends on stock or shares outstanding immediately after such acquisition. [PL 1969, c. 132, §1 (NEW).] [PL 1969, c. 132, §1 (NEW).]

2. If any institution has been reorganized pursuant to the bankruptcy law after the beginning of such period, earnings prior to such reorganization of the institution so reorganized may be so included. In the case of the inclusion of earnings prior to such a reorganization, fixed charges, contingent interest or dividends for the period of such inclusion shall be fixed charges or contingent interest existing or dividends on stock or shares outstanding immediately after such reorganization. [PL 1969, c. 132, §1 (NEW).]

3. If earnings are determined in reliance on consolidated earnings statements of parent and subsidiary institutions, A. The provisions of this section may also be applied in determining earnings of any subsidiary institution and [PL 1969, c. 132, §1 (NEW).] B. Any institution which has become a subsidiary institution after the beginning of such period may be included as a subsidiary institution from the beginning of such period. [PL 1969, c. 132, §1 (NEW).] [PL 1969, c. 132, §1 (NEW).]

In the case of any such inclusion of a subsidiary institution, fixed charges, contingent interest or dividends for the period of such inclusion shall be either A. The fixed charges, contingent interest or dividends for such period determined in accordance with adjusted or pro forma consolidated statements for such period which give effect to any additional fixed charges or contingent interest existing or dividends on stock or shares outstanding, immediately after such subsidiary institution shall have become a subsidiary, properly attributable to the acquisition of stock or shares of such subsidiary institution, during such period and before it became a subsidiary, as certified by an independent accountant approved by the insurer to be such fixed charges, contingent interest or dividends so determined, or B. The fixed charges or contingent interest existing or dividends on stock or shares outstanding immediately after such subsidiary institution became a subsidiary. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 2477 — ME Code / Title 24-A / Chapter 28 / Section 2477
24-A §2477. Meetings; acts of commission -- Article 6
Status: in_force

1. Meetings. The commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws. [PL 2003, c. 680, §1 (NEW).]

2. Participate at meetings. Each member of the commission has the right and power to cast the vote to which the member's compacting state is entitled and to participate in the business and affairs of the commission. A member shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for members' participation in meetings by telephone or other means of communication. [PL 2003, c. 680, §1 (NEW).]

3. Annual meeting. The commission shall meet at least once during each calendar year. Additional meetings are held as set forth in the bylaws. [PL 2003, c. 680, §1 (NEW).]
24-A M.R.S. § 1124 — ME Code / Title 24-A / Chapter 13 / Section 1124
24-A §1124. Mortgage loans
Status: in_force

1. An insurer may invest in bonds, notes or evidences of indebtedness other than those described in section 1109 (corporate obligations), which are secured by first or 2nd mortgages, or deeds of trust upon improved real property located in the United States or Canada, including leasehold estates having an unexpired term of not less than 21 years, inclusive of the term or terms which may be provided by enforceable options of renewal, if the underlying real property is not subject to any prior lien, and subject to the following requirements. A. The security for the loan must be a first or 2nd lien upon such real property; and [PL 1979, c. 458, §6 (AMD).] B. In the case of leaseholds, there must not be any condition or right of reentry or forfeiture not insured against under which the insurer is unable to continue the lease in force for the duration of the loan. [PL 1969, c. 132, §1 (NEW).] [PL 1979, c. 458, §6 (AMD).]

2. Nothing herein shall prohibit any investment by reason of the existence of any prior lien for ground rents, taxes, assessments, common area maintenance charges or other similar charges not yet delinquent. [PL 1979, c. 458, §7 (AMD).]

3. A loan secured by a 2nd mortgage or deed of trust may be made or acquired if, although junior in lien to a prior existing mortgage covering the same real property or leasehold interest thereof, the net amount actually advanced by the insurer under its mortgage plus the balance of principal and accrued interest then remaining unpaid under such prior mortgage does not exceed the amount which the insurer otherwise could have invested in such mortgage loan. The total loans or investments made under this subsection by an insurer shall not exceed 2% of its total admitted assets, and no such loan or investment shall be made or acquired by an insurer if the mortgagor, without the approval of the insurer, may increase the principal amount of the indebtedness secured by the prior mortgage except to the extent that the amount of that increase is applied in reduction of the loan or investment held by the insurer. [PL 1979, c. 458, §8 (AMD).]

4. Such a mortgage loan or loans made or acquired by an insurer on any one property shall not at time of investment by the insurer be in amount in excess of 80% of the fair market value of the property or permit amortization over a period in excess of 40 years, or, in the case of leasehold interest, be in excess of 75% of the fair market value of such interest or permit amortization over a period exceeding 4/5 of the lease term remaining at the time of the loan inclusive of the term or terms which may be provided by enforceable options of renewal, provided that this provision shall not be deemed to prohibit an insurer from investing in a nonamortizing mortgage loan so long as the period of nonamortization does not exceed 5 years and the aggregate amount of nonamortizing mortgage loans made under this subsection shall not exceed 30% of the insurer's assets. Prior to the investment, the value of the property or of the leasehold interest shall be determined, for the purposes of the investment, by a competent appraiser. [PL 1981, c. 257 (AMD).]

5. In applying the limitations under subsection 4 , there may be excluded from the amount invested that portion guaranteed by the Administrator of Veterans' Affairs pursuant to the Servicemen's Readjustment Act of 1944, as amended, or insured by the Federal Housing Administration under the National Housing Act, as amended, or by other United States or Canadian government agency. [PL 1969, c. 132, §1 (NEW).]

6. An insurer may invest in purchase money mortgages or like securities received by it upon the sale or exchange of real property acquired pursuant to section 1125 . Subsection 4 shall not apply as to such investments. [PL 1969, c. 132, §1 (NEW).]

7. An insurer may invest in a mortgage participation, which for this purpose shall mean a bond, note or other evidence of indebtedness forming part of an issue of bonds, notes or other evidences of indebtedness which are secured by the same mortgage or deed of trust and shall also mean an instrument evidencing a participation in a bond, note or other evidence of indebtedness so secured, provided that the following requirements are met: A. The underlying mortgage or deed of trust otherwise qualifies for investment as a mortgage loan under this section; and [PL 1979, c. 458, §10 (NEW).] B. Either: (1) The entire indebtedness secured by the same mortgage or deed of trust is held by the insurer; (2) The insurer holds a senior participation giving it substantially the rights of a first or 2nd mortgagee, and a position of priority over the other holders of participations in that indebtedness; or (3) Each participation is of equal rank. [PL 1979, c. 458, §10 (NEW).] [PL 1979, c. 458, §10 (NEW).]
24-A M.R.S. § 2846 — ME Code / Title 24-A / Chapter 35 / Section 2846
24-A §2846. Acquired Immune Deficiency Syndrome
Status: in_force

A group health insurance policy or certificate delivered or issued for delivery in this State may not provide more restrictive benefits for sickness or disablement or the related expenses resulting from Acquired Immune Deficiency Syndrome (AIDS), AIDS Related Complex (ARC) or HIV related diseases than for any other sickness or disabling condition or exclude benefits for AIDS, ARC or HIV related diseases except through an exclusion under which all sicknesses and diseases are treated the same. This section does not apply to a policy providing benefits for specific diseases or accidental injury only. [PL 2003, c. 517, Pt. B, §17 (AMD).]
24-A M.R.S. § 4130 — ME Code / Title 24-A / Chapter 55 / Section 4130
24-A §4130. Injunction
Status: in_force

No application or petition for injunction against any domestic, foreign or alien society, or branch thereof, shall be recognized in any court of this State unless made by the Attorney General upon request of the superintendent. [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]
24-A M.R.S. § 4356 — ME Code / Title 24-A / Chapter 57 / Section 4356
24-A §4356. Grounds for rehabilitation of domestic insurer or domiciled alien insurer
Status: in_force

The superintendent may petition for an order directing the superintendent to rehabilitate a domestic insurer or an alien insurer domiciled in this State on any one or more of the following grounds: [RR 2021, c. 1, Pt. B, §352 (COR).]

1. On any ground for liquidation of the insurer under section 4357 , if the superintendent believes rehabilitation possible without substantial increase of risk to creditors, policyholders or the public; [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]

2. If the insurer is in unsound condition, or is using or has been subject to, such methods and practices in conduct of its business as to render its further transaction of insurance presently or prospectively hazardous to its policyholders, or creditors, or the public; [PL 1969, c. 132, §1 (NEW).]

3. If the insurer's solvency is endangered by illegal action; [PL 1969, c. 132, §1 (NEW).]

4. For material falsification of the insurer's records, reports or financial condition; [PL 1969, c. 132, §1 (NEW).]

5. If the superintendent finds after hearing that any individual exercising executive power with respect to or otherwise materially influencing or controlling the insurer, directly or indirectly, is dishonest or untrustworthy in matters affecting the insurer, and has not been or cannot effectively and permanently be removed from such power, influence or control; [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]

6. For unlawful concealment or removal by the insurer of any of its records or assets; [PL 1969, c. 132, §1 (NEW).]

7. For failure of the insurer, or its parent corporation, or subsidiary or affiliated person controlled by the insurer, to submit its books, accounts, records and affairs to the reasonable inspection or examination of the superintendent or his examiner as authorized under this Title; or if any individual exercising any executive authority in the affairs of the insurer or parent corporation or subsidiary or affiliated person has refused to be examined under oath, by the superintendent or his examiner thereunto duly authorized, whether within this State or otherwise, concerning the pertinent affairs of the insurer or parent corporation or subsidiary or affiliated person, or if examined under oath refuses to divulge pertinent information reasonably known to him; or for failure of officers, employees and other representatives of the insurer or parent corporation or subsidiary or affiliated person to comply promptly with the reasonable requests of the superintendent or his examiner for the purposes of and during the conduct of any such examination; [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]

8. That a deadlock exists in the insurer's board of directors relative to the general management of the insurer's affairs, that the insurer's stockholders or members, as to a mutual insurer, are unable to break the deadlock, and that the same threatens irreparable injury to the insurer or its creditors or its policyholders or to the public; [PL 1969, c. 132, §1 (NEW).]

9. If the insurer has transferred or attempted to transfer substantially its entire property or business, or has entered into any transaction the effect of which is to merge or consolidate substantially its entire property or business in that of any other insurer, without first having obtained the written approval of the superintendent as required under this Title; [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]

10. If the controlling stock of the insurer has been transferred to others without compliance with the requirements of section 3476 (acquisition of controlling stock), except where such transfer is by testamentary bequest or inheritance; [PL 1969, c. 132, §1 (NEW).]

11. If the insurer has willfully violated its charter or a law of this State, or has willfully exceeded its corporate powers; [PL 1969, c. 132, §1 (NEW).]

12. If the insurer has requested or consented to rehabilitation by vote or written authorization of a majority of its directors or stockholders, or members, as to mutual insurers; [PL 2013, c. 238, Pt. A, §32 (AMD); PL 2013, c. 238, Pt. A, §34 (AFF).]

13. If the insurer has failed to pay any valid judgment against it within 30 days after the same became final; or [PL 2013, c. 238, Pt. A, §32 (AMD); PL 2013, c. 238, Pt. A, §34 (AFF).]

14. If a violation of section 222, subsection 4‑C prevents the superintendent from sufficiently understanding the enterprise risk to the insurer posed by its affiliates or by its insurance holding company system. [PL 2013, c. 238, Pt. A, §33 (NEW); PL 2013, c. 238, Pt. A, §34 (AFF).]
24-A M.R.S. § 6801 — ME Code / Title 24-A / Chapter 85 / Section 6801
24-A §6801. Short title
Status: in_force

This chapter may be known and cited as the "Viatical and Life Settlements Act." [PL 2003, c. 636, §3 (AMD).]
24-A M.R.S. § 4329 — ME Code / Title 24-A / Chapter 56-A / Section 4329
24-A §4329. Independent health care provider assistance
Status: in_force

1. Independent health care provider defined. For the purposes of this section, "independent health care provider" means an independent health care practitioner or group of independent health care practitioners with 6 or fewer health care practitioners, but does not include a health care practitioner employed by a hospital or health system or a group of health care practitioners that is owned or operated, in whole or in part, by a hospital or health system. [PL 2023, c. 590, §1 (NEW).]

2. Liaison program. The bureau shall establish a liaison program, referred to in this section as "the program," to provide assistance to independent health care providers as set forth in this section. [PL 2023, c. 590, §1 (NEW).]

3. Duties. The duties of the program include: A. Providing information to independent health care providers on how to contact the program for assistance through the bureau's publicly accessible website and through a toll-free number; [PL 2023, c. 590, §1 (NEW).] B. Providing information to independent health care providers on the bureau's publicly accessible website regarding the State's health insurance laws and rules and the rights and responsibilities of carriers and health care providers; [PL 2023, c. 590, §1 (NEW).] C. Assisting independent health care providers with inquiries related to the State's health insurance laws and rules; and [PL 2023, c. 590, §1 (NEW).] D. Receiving information from independent health care providers regarding regulatory or compliance issues that may have a market-wide impact. [PL 2023, c. 590, §1 (NEW).] [PL 2023, c. 590, §1 (NEW).]

4. Provider complaint process. The bureau shall establish a process to receive and investigate complaints from independent health care providers regarding an alleged violation of any provision of this Title or any rule adopted pursuant to this Title. The bureau may also receive and investigate complaints from providers other than independent health care providers. [PL 2023, c. 590, §1 (NEW).]

5. Confidentiality. With respect to the program or complaints, records, correspondence and reports of investigation in connection with actual or claimed violations of this Title or a rule adopted pursuant to this Title are confidential to the same extent as records, correspondence and reports of investigation of consumer complaints under section 216 . [PL 2023, c. 590, §1 (NEW).]

6. Procedures for data collection. The bureau may establish procedures for collecting, tracking and quantifying requests for assistance and complaints. [PL 2023, c. 590, §1 (NEW).]

7. Aggregate information. The bureau shall compile and publish aggregate information regarding complaints received under subsection 4 on its publicly accessible website. [PL 2023, c. 590, §1 (NEW).]

8. Staffing resources. The bureau may consider staffing resources and any limitations on those resources when establishing guidelines regarding the assistance provided through the program and complaint process. [PL 2023, c. 590, §1 (NEW).]

9. Rules. The bureau may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 590, §1 (NEW).]

10. No legal representation. This section does not authorize the bureau to act as a legal representative of a provider or to provide assistance with contract negotiations or interpretations of the terms of contracts between providers and carriers in any manner through the program or complaint process. [PL 2023, c. 590, §1 (NEW).]
24-A M.R.S. § 2535 — ME Code / Title 24-A / Chapter 29 / Section 2535
24-A §2535. Incontestability, limitation of liability after reinstatement
Status: in_force

1. A reinstated policy of life insurance or annuity contract may be contested on account of fraud or misrepresentation of facts material to the reinstatement only for the same period following reinstatement and with the same conditions and exceptions as the policy provides with respect to contestability after original issuance. [PL 1969, c. 132, §1 (NEW).]

2. When any life insurance policy or annuity contract is reinstated, such reinstated policy or contract may exclude or restrict liability to the same extent that such liability could have been or was excluded or restricted when the policy or contract was originally issued, and such exclusion or restriction shall be effective from the date of reinstatement. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 7002 — ME Code / Title 24-A / Chapter 89 / Section 7002
24-A §7002. Licensure of vendors
Status: in_force

1. License required. A vendor is required to hold a limited lines license under this chapter to sell or offer coverage under a policy of portable electronic device insurance. [PL 2011, c. 297, §5 (NEW).]

2. Authority provided by license. A limited lines license issued under this chapter authorizes any employee or authorized representative of a vendor to sell or offer coverage under a policy of portable electronic device insurance to a customer at each location at which the vendor engages in portable electronic device transactions. [PL 2011, c. 297, §5 (NEW).]

3. List of locations. In connection with a vendor's application for licensure and upon request by the superintendent, the vendor shall provide a list to the superintendent of all locations in this State at which the vendor offers coverage. [PL 2011, c. 297, §5 (NEW).]

4. Activities authorized by license. Notwithstanding any other provision of law, a license issued pursuant to this chapter authorizes the licensee and its employees or authorized representatives to engage only in those activities that are expressly permitted in this chapter. [PL 2011, c. 297, §5 (NEW).]
24-A M.R.S. § 3005 — ME Code / Title 24-A / Chapter 41 / Section 3005
24-A §3005. Cancellation of standard fire policy for nonpayment of premium
Status: in_force

An insurer issuing fire insurance policies on property in this State, under the standard form required by section 3002 , may cancel any such policy in the manner provided by law without tendering to the assured a ratable proportion of the premium, if the premium has not been paid to the insurer or its agent, or to a duly licensed insurance broker through whom the contract of insurance was negotiated. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 2916 — ME Code / Title 24-A / Chapter 39 / Section 2916
24-A §2916. Automobile insurance, cancellation, nonrenewal and certain changes because of age, prohibited
Status: in_force

An insurance company authorized to transact business in this State may not refuse to issue, cancel or refuse to renew, reduce liability limits for or charge a higher premium for a policy for the sole reason that an applicant for coverage, a person to whom such policy has been issued or another insured driver has reached a certain age. [PL 2017, c. 11, §1 (AMD).]
24 M.R.S. § 2329 — ME Code / Title 24 / Chapter 19 / Section 2329
24 §2329. Equitable health care for substance use disorder treatment
Status: in_force

1. Purpose. The Legislature recognizes that substance use disorder constitutes a major health problem in the State and in the Nation. The Legislature further recognizes that substance use disorder is a disease that can be effectively treated. As such, substance use disorder warrants the same attention from the health care industry as other serious diseases and illnesses. The Legislature further recognizes that health care contracts, at times, fail to provide adequate benefits for the treatment of substance use disorder, which results in more costly health care for treatment of complications caused by the lack of early intervention and other treatment services for persons suffering from substance use disorder. This situation causes a higher health care, social, law enforcement and economic cost to the citizens of this State than is necessary, including the need for the State to provide treatment to some subscribers at public expense. To assist the many citizens of this State who suffer from this illness in a more cost-effective way, the Legislature declares that certain health care coverage providing benefits for the treatment of the illness of substance use disorder must be included in all group health care contracts. [PL 2017, c. 407, Pt. A, §94 (AMD).]

2. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. A. "Outpatient care" means care rendered by a state-licensed, approved or certified detoxification, residential treatment or outpatient program, or partial hospitalization program on a periodic basis, including, but not limited to, patient diagnosis, assessment and treatment, individual, family and group counseling and educational and support services. [PL 1983, c. 527, §1 (NEW).] B. "Residential treatment" means services at a facility that provides care 24 hours daily to one or more patients, including, but not limited to, the following services: room and board; medical, nursing and dietary services; patient diagnosis, assessment and treatment; individual, family and group counseling; and educational and support services, including a designated unit of a licensed health care facility providing any and all other services specified in this paragraph to patients with substance use disorder. [PL 2017, c. 407, Pt. A, §94 (AMD).] C. "Treatment plan" means a written plan initiated at the time of admission, approved by a Doctor of Medicine, a Doctor of Osteopathy or a Licensed Substance Abuse Counselor employed by a certified or licensed substance use disorder program, including, but not limited to, the patient's medical and substance use disorder history; record of physical examination; diagnosis; assessment of physical capabilities; mental capacity; orders for medication, diet and special needs for the patient's health or safety and treatment, including medical, psychiatric, psychological, social services, individual, family and group counseling; and educational, support and referral services. [RR 2017, c. 2, §7 (COR).] [RR 2017, c. 2, §7 (COR).]

3. Requirement. Every nonprofit hospital or medical service organization that issues group health care contracts providing coverage for hospital care to residents of this State shall provide benefits as required in this section to any subscriber or other person covered under those contracts for the treatment of substance use disorder pursuant to a treatment plan. [PL 2017, c. 407, Pt. A, §94 (AMD).]

4. Services; providers. Each group contract must provide, at a minimum, for the following coverage, pursuant to a treatment plan: A. Residential treatment at a hospital or free-standing residential treatment center that is licensed, certified or approved by the State; and [PL 2017, c. 407, Pt. A, §94 (AMD).] B. Outpatient care rendered by state licensed, certified or approved providers who have contracted with the nonprofit hospital or medical service organization under terms and conditions that the organization considers satisfactory to its membership. [PL 2017, c. 407, Pt. A, §94 (AMD).] Treatment or confinement at any facility may not preclude further or additional treatment at any other eligible facility, provided that the benefit days used do not exceed the total number of benefit days provided for under the contract. [PL 2017, c. 407, Pt. A, §94 (AMD).]

5. Exceptions. This section does not apply to employee group insurance contracts issued to employers with 20 or fewer employees insured under the group contract or to group contracts designed primarily to supplement the Civilian Health and Medical Program of the Uniformed Services, as defined in the United States Code, Title 10, Section 1072, subsection 4. [PL 2017, c. 407, Pt. A, §94 (AMD).]

6. Limits; coinsurance; deductibles. Any policy or 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 2017, c. 407, Pt. A, §94 (AMD).]

7. Notice. At the time of delivery or renewal, the nonprofit hospital or medical service organization shall provide written notification to all individuals eligible for benefits under group policies or contracts of substance use disorder benefits. [PL 2017, c. 407, Pt. A, §94 (AMD).]

8. Confidentiality. Substance use disorder treatment patient records are confidential. [PL 2017, c. 407, Pt. A, §94 (AMD).]

9. Reports to the Superintendent of Insurance. Every nonprofit hospital or medical service organization subject to this section shall report its experience for each calendar year beginning with 1984 to the superintendent not later than April 30th of the following year. The report must be in a form prescribed by the superintendent and must include the amount of claims paid in this State for the services required by this section and the total amount of claims paid in this State for group health care contracts, both separated between those paid for inpatient and outpatient services. The superintendent shall compile this data for all nonprofit hospital or medical service organizations in an annual report. [PL 2017, c. 407, Pt. A, §94 (AMD).]

10. Application; expiration. The requirements of this section apply to all policies and any certificates or contracts executed, delivered, issued for delivery, continued or renewed in this State on or after January 1, 1984. For purposes of this section, all contracts are deemed to be renewed no later than the next yearly anniversary of the contract date. [PL 2017, c. 407, Pt. A, §94 (AMD).]
24-A M.R.S. § 4308 — ME Code / Title 24-A / Chapter 56-A / Section 4308
24-A §4308. Indemnification
Status: in_force

A contract between a carrier offering or renewing a health plan and a provider for the provision of services to enrollees may not require the provider to indemnify the carrier for any expenses and liabilities, including, without limitation, judgments, settlements, attorney's fees, court costs and any associated charges incurred in connection with a claim or action brought against the health plan based on the carrier's own fault. Nothing in this section may be construed to remove responsibility of a carrier or provider for expenses or liabilities caused by the carrier's or provider's own negligent acts or omissions or intentional misconduct. [PL 2007, c. 199, Pt. B, §16 (AMD).]

1. Indemnification. [PL 1999, c. 742, §18 (RP).]
24-A M.R.S. § 1497 — ME Code / Title 24-A / Chapter 16 / Section 1497
24-A §1497. Penalties and liabilities
Status: in_force

1. Penalties. If the superintendent finds after a hearing conducted in accordance with section 229 that any person has violated any provision of this subchapter, the superintendent may order: A. For each separate violation, any penalty provided for by section 12‑A ; [PL 1997, c. 573, §1 (NEW); PL 1997, c. 573, §2 (AFF).] B. Revocation or suspension of the producer's license or the insurer's certificate of authority; and [PL 1997, c. 573, §1 (NEW); PL 1997, c. 573, §2 (AFF).] C. The MGA to reimburse the insurer, the rehabilitator or liquidator of the insurer for any losses incurred by the insurer caused by a violation of this subchapter committed by the MGA. [PL 1997, c. 573, §1 (NEW); PL 1997, c. 573, §2 (AFF).] [PL 1997, c. 573, §1 (NEW); PL 1997, c. 573, §2 (AFF).]

2. Effect of order. The decision, determination or order of the superintendent pursuant to subsection 1 is subject to judicial review as provided by section 236 . [PL 1997, c. 573, §1 (NEW); PL 1997, c. 573, §2 (AFF).]

3. Penalties. Nothing contained in this section affects the right of the superintendent to impose any other penalties provided for in this Title. [PL 1997, c. 573, §1 (NEW); PL 1997, c. 573, §2 (AFF).]

4. Rights of others. Nothing contained in this subchapter limits or restricts the rights of policyholders, claimants and auditors. [PL 1997, c. 573, §1 (NEW); PL 1997, c. 573, §2 (AFF).]
24-A M.R.S. § 4331 — ME Code / Title 24-A / Chapter 56-A / Section 4331
24-A §4331. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1999, c. 609, §20 (NEW).]

1. Bonus. "Bonus" means a payment a carrier makes to a downstream entity beyond any salary, fee-for-service payment, capitation or returned withhold. [PL 1999, c. 609, §20 (NEW).]

2. Capitation. "Capitation" means a set dollar payment per patient per unit of time, usually per month, that a carrier pays a health care practitioner, institutional provider or downstream entity to cover a specified set of services and administrative costs without regard to the actual number or nature of services provided. The services covered may include the downstream entity's own services, referral services or all medical services. [PL 1999, c. 609, §20 (NEW).]

3. Downstream entity. "Downstream entity" means a person other than a carrier that has assumed all or part of the insurance risk of one or more health plans under a contractual relationship with a carrier or another downstream entity. An employer exempt from the applicability of this chapter under the federal Employee Retirement Income Security Act of 1974, 29 United States Code, Sections 1001 to 1461 (1988) is not considered a downstream entity. [PL 1999, c. 609, §20 (NEW).]

4. Downstream risk arrangement. "Downstream risk arrangement" means an arrangement that transfers insurance risk from a carrier to a downstream entity. [PL 2003, c. 428, Pt. H, §6 (AMD).]

5. Payments. "Payments" means any amounts the carrier pays the downstream entity for services the downstream entity furnishes directly, plus amounts paid for administration and amounts paid in whole or in part based on use and costs of referral services such as withhold amounts, bonuses based on referral levels and any other compensation to the downstream entity to influence the use of referral services. Bonuses and other compensation that are not based on referral levels, such as bonuses based solely on quality of care furnished, patient satisfaction and participation on committees, are not considered payments for purposes of this subchapter. [PL 1999, c. 609, §20 (NEW).]

6. Physician group. "Physician group" means a partnership, association, corporation, individual practice association or other group of physicians that distributes income from the practice among members. An individual practice association is a physician group only if the association is composed of individual physicians and has no subcontracts with physician groups. [PL 1999, c. 609, §20 (NEW).]

7. Potential payments. "Potential payments" means the maximum anticipated total amount, based on the most recent year's utilization and experience and any current or anticipated factors that may affect costs, to be paid for a defined set of referral services for the carrier's subscribers and for which the downstream entity assumes by contract financial risk, to some extent, for the costs of such services. The methodology for determining potential payments must be filed by the carrier with the bureau. [PL 1999, c. 609, §20 (NEW).]

8. Referral services. "Referral services" means any specialty, inpatient, outpatient or laboratory services that a downstream entity orders or arranges, but does not furnish directly. [PL 1999, c. 609, §20 (NEW).]

9. Risk-sharing arrangement. "Risk-sharing arrangement" means an arrangement between a carrier and a downstream entity in which the carrier continues to pay providers for a defined set of services subject to an annual reconciliation process in which costs incurred by the carrier are compared with budgeted or targeted amounts for such services and that may, if payments are different than the budgeted amount, create financial liability of the downstream entity to the carrier or the carrier to the downstream entity provided the carrier holds or retains control of any funds in excess of those required to satisfy current claims obligations or direct payment to providers for services rendered pending reconciliation. [PL 1999, c. 609, §20 (NEW).]

10. Risk threshold. "Risk threshold" means the maximum risk, if the risk is based on referral services, to which a downstream entity may be exposed under a downstream risk arrangement without being at substantial financial risk. [PL 1999, c. 609, §20 (NEW).]

11. Withhold. "Withhold" means a percentage of payments or set dollar amounts that a carrier deducts from a downstream entity's service fee, capitation or salary payment and that may or may not be returned to the downstream entity, depending on specific predetermined factors. [PL 1999, c. 609, §20 (NEW).]
24-A M.R.S. § 2410 — ME Code / Title 24-A / Chapter 27 / Section 2410
24-A §2410. Application; statements; as evidence
Status: in_force

1. The insured shall not be bound by any statement made in an application for an individual life or health insurance policy or annuity contract, and the application shall not be admissible in evidence in any action relative to such policy or contract, unless a true copy of the application was attached to or endorsed on the policy or contract when issued as a part thereof. This provision shall not apply to industrial life insurance policies or to group life or group health insurance policies. [PL 1969, c. 132, §1 (NEW).]

2. If any policy of life or health insurance delivered in this State is reinstated or renewed, and the insured or the beneficiary or assignee of the policy makes written request to the insurer for a copy of the application, if any, for such reinstatement or renewal, the insurer shall within 30 days after receipt of such request at its home office, or branch office, deliver or mail to the person making such request a copy of such application reproduced by any legible means. If such copy is not so delivered or mailed after having been so requested, the insurer shall be precluded from introducing the application in evidence in any action or proceeding based upon or involving the policy or its reinstatement or renewal. In the case of such a request from a beneficiary or assignee, the time within which the insurer is required to furnish a copy of such application shall not begin to run until after receipt of evidence satisfactory to the insurer of the beneficiary's or assignee's vested interest in the policy or contract. [PL 1969, c. 132, §1 (NEW).]

3. As to kinds of insurance other than individual life or health insurance, no application for insurance signed by or on behalf of the insured shall be admissible in evidence in any action between the insured and the insurer arising out of the policy so applied for, if the insurer has failed, at the expiration of 30 days after receipt by the insurer of written demand therefor by or on behalf of the insured, to furnish to the insured a copy of such application reproduced by any legible means. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 791 — ME Code / Title 24-A / Chapter 9 / Section 791
24-A §791. Fees and taxes
Status: in_force

A special purpose reinsurance vehicle application under section 782, subsection 2 is subject to the application fee specified in section 601, subsection 1 . A reinsurance vehicle is also responsible for expenses and costs incurred by the bureau in accordance with section 228 . The reinsurance vehicle is not subject to state premium or other taxes incidental to the operation of its business as long as the business remains within the limitations of this subchapter. [PL 2003, c. 249, §2 (NEW).]
24-A M.R.S. § 4451 — ME Code / Title 24-A / Chapter 57 / Section 4451
24-A §4451. Advertising restrictions
Status: in_force

A person who makes, publishes or circulates, or causes to be made, published or circulated, any statement that uses the existence of the association for the purpose of sales, solicitation or inducement to purchase any form of insurance has committed an unfair trade practice that is subject to a cease and desist order pursuant to section 2165‑A and to any applicable penalty provided by this Title. [RR 2021, c. 2, Pt. A, §86 (COR).]
24-A M.R.S. § 2731 — ME Code / Title 24-A / Chapter 33 / Section 2731
24-A §2731. Third party ownership
Status: in_force

The word "insured", as used in this chapter, shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for and owning a policy covering the insured or from being entitled under such a policy to any indemnities, benefits and rights provided therein. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 206 — ME Code / Title 24-A / Chapter 3 / Section 206
24-A §206. Deputy superintendents
Status: in_force

1. The superintendent, with the approval of the Commissioner of Professional and Financial Regulation, may employ, subject to the Civil Service Law, 2 deputy superintendents. Where authorized by another section of this Title, the superintendent may also appoint such special deputies as regulatory responsibilities may necessitate. [PL 1995, c. 502, Pt. H, §16 (AMD).]

2. The deputies shall perform such duties and exercise such powers of the superintendent as the superintendent may from time to time authorize. The superintendent shall designate one of the deputy superintendents to perform the duties of the superintendent whenever the superintendent is absent from the State; the deputy superintendent is directed to do so by the superintendent; there is a vacancy in the office of superintendent; or the superintendent is incapacitated by illness. [PL 1995, c. 502, Pt. H, §16 (AMD).]
24-A M.R.S. § 6706 — ME Code / Title 24-A / Chapter 83 / Section 6706
24-A §6706. Formation of captive insurance companies in this State
Status: in_force

1. Pure captive insurance company. A pure captive insurance company must be: A. Incorporated as a stock insurer with capital divided into shares and held by the stockholders; [PL 2009, c. 335, §12 (AMD).] B. Incorporated as a nonprofit corporation whose votes of membership interest are held by a parent organization formed under a nonprofit law or by such nonprofit corporation with one or more members; or [PL 2009, c. 335, §12 (AMD).] C. Organized as a limited liability company with a limited liability company agreement approved by the superintendent. [PL 2017, c. 169, Pt. G, §4 (AMD).] [PL 2017, c. 169, Pt. G, §4 (AMD).]

2. Association captive insurance company. An association captive insurance company or an industrial insured captive insurance company may be: A. Incorporated as a stock insurer with its capital divided into shares and held by the stockholders; [RR 2009, c. 1, §17 (COR).] B. Incorporated as a mutual insurer without capital stock, the governing body of which must be elected by the member organizations of its association; [PL 2009, c. 335, §12 (AMD).] C. Organized as a reciprocal insurer in accordance with this Title; or [PL 2009, c. 335, §12 (NEW).] D. Organized as a limited liability company with a limited liability company agreement approved by the superintendent. [PL 2017, c. 169, Pt. G, §5 (AMD).] [PL 2017, c. 169, Pt. G, §5 (AMD).]

2-A. Association captive insurance company providing health insurance. An association captive insurance company that provides health insurance may elect to require, in its plan of operation, that all association members who participate in the health insurance be jointly and severally liable for the health insurance obligations of the association captive insurance company and meet the financial criteria and employer required wellness criteria established in the plan of operation. The wellness criteria may not have the effect of making health status a condition of eligibility for any association member. The superintendent may not require joint and several liability as a condition of approval of an application. [PL 2011, c. 90, Pt. I, §4 (NEW).]

3. Incorporators. A captive insurance company, other than a limited liability company, may not have fewer than 3 incorporators or 3 organizers of whom at least one must be a resident of this State. If the captive insurance company is a limited liability company, its certificate of formation must be executed by a resident of this State. [PL 2017, c. 169, Pt. G, §6 (AMD).]

4. Applicability of chapter 47. To the extent consistent with this chapter, a captive insurance company is subject to the procedures applicable to domestic insurers pursuant to chapter 47 except that, if the surviving entity after a merger, consolidation, conversion or mutualization is a captive insurance company, a captive insurance company is subject to this chapter. With respect to mergers, consolidations, conversions and mutualizations, the superintendent, in the superintendent's discretion, may: A. Waive any public hearing requirement; [PL 2009, c. 335, §12 (NEW).] B. Permit an alien insurer as a party to a merger as long as the requirements for a merger between a captive insurance company and a foreign insurer apply. For the purposes of this paragraph, an alien insurer must be treated as a foreign insurer and the jurisdiction of the alien insurer is considered a state; or [PL 2009, c. 335, §12 (NEW).] C. Approve the conversion of a captive insurance company organized as a stock insurer to a nonprofit corporation with one or more members or a limited liability company. [PL 2009, c. 335, §12 (NEW).] [PL 2011, c. 90, Pt. I, §5 (AMD).]

5. Issuance of stock. If the capital stock of a captive insurance company incorporated as a stock insurer is issued at par value, stock may not be issued at less than par value. [PL 2009, c. 335, §12 (AMD).]

6. Board of directors. If a captive insurance company incorporated in this State is formed as a corporation, then at least one of the members of the board of directors of the company incorporated in this State must be a resident of this State. If the company is formed as a reciprocal insurer, then at least one of the members of the subscribers' advisory committee must be a resident of this State. If the company is organized as a limited liability company, then at least one member of its governing body must be a resident of this State. [PL 2017, c. 169, Pt. G, §7 (AMD).]

7. Captive insurance company. A captive insurance company formed under this chapter, except for a pure nonprofit captive insurance company, has the privileges granted by and is subject to Title 13‑C and this chapter. In the event of conflict between Title 13‑C and this chapter, this chapter controls. [RR 2001, c. 2, Pt. B, §45 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).]

8. Pure nonprofit captive insurance company. A pure nonprofit captive insurance company formed under this chapter has the privileges granted by and is subject to Title 13‑B and this chapter. In the event of conflict between Title 13‑B and this chapter, this chapter controls. [PL 1997, c. 435, §1 (NEW).]

9. Quorum. If formed as a corporation, the articles of incorporation or bylaws of a captive insurance company may authorize a quorum of its board of directors to consist of no fewer than 1/3 of the fixed or prescribed number of directors determined under Title 13‑B or 13‑C . If formed as a reciprocal insurer, the subscribers' agreement or other organizing document may authorize a quorum of its subscribers' advisory committee to consist of no fewer than 1/3 of the number of its members. [PL 2009, c. 335, §12 (NEW).]
24-A M.R.S. § 2903 — ME Code / Title 24-A / Chapter 39 / Section 2903
24-A §2903. Liability absolute when loss occurs
Status: in_force

The liability of every insurer which insures any person against accidental loss or damage on account of personal injury or death or on account of accidental damage to property shall become absolute whenever such loss or damage, for which the insured is responsible, occurs. The rendition of a final judgment against the insured for such loss or damage shall not be a condition precedent to the right or obligation of the insurer to make payment on account of such loss or damage. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 2524 — ME Code / Title 24-A / Chapter 29 / Section 2524
24-A §2524. Standard provisions -- reversionary annuities
Status: in_force

1. Except as stated herein, no contract for a reversionary annuity shall be delivered or issued for delivery in this State unless it contains in substance each of the following provisions: A. Any such reversionary annuity contract shall contain the provisions specified in sections 2518 to 2522 , except that under section 2518 the insurer may at its option provide for an equitable reduction of the amount of the annuity payments in settlement of an overdue payment in lieu of providing for deduction of such payments from an amount payable upon settlement under the contract. [PL 1969, c. 132, §1 (NEW).] B. In such reversionary annuity contracts there shall be a provision that the contract may be reinstated at any time within 3 years from the date of default in making stipulated payments to the insurer, upon production of evidence of insurability satisfactory to the insurer, and upon condition that all overdue payments and any indebtedness to the insurer on account of the contract be paid, or, within the limits permitted by the then cash values of the contract, reinstated, with interest as to both payments and indebtedness at a rate to be specified in the contract but not exceeding 6% per annum compounded annually. [PL 1969, c. 132, §1 (NEW).] [PL 1969, c. 132, §1 (NEW).]

2. This section shall not apply to group annuities, variable annuities, or to annuities included in life insurance policies, and any of such provisions not applicable to single premium annuities shall not to that extent be incorporated therein. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 4128 — ME Code / Title 24-A / Chapter 55 / Section 4128
24-A §4128. Licensing of agents
Status: in_force

Insurance producers of societies must be licensed in accordance with chapter 16 except that no insurance producer's license is required if: [PL 2023, c. 405, Pt. A, §93 (AMD).]

1. Officer devoting substantial time to activities other than solicitation or negotiation of insurance contracts. An officer, employee or secretary of a society or of any subordinate lodge or branch of that society devotes substantially all of the officer's, employee's or secretary's time to activities other than the solicitation or negotiation of insurance contracts and receives no commission or other compensation directly dependent upon the number or amount of contracts solicited or negotiated; [PL 2023, c. 405, Pt. A, §93 (AMD).]

2. Agent devoting less than 50% of time to solicitation and procurement of insurance contracts. An agent or representative of a society devotes less than 50% of the agent's or representative's time to the solicitation and procurement of insurance contracts for the society. A person who in the preceding calendar year has solicited and procured life insurance in excess of $200,000, face amount, or, in the case of any other kind or kinds of insurance that the society may write, on the persons of more than 25 individuals and who has received or will receive a commission or other compensation for the solicitation and procurement is presumed to be devoting 50% of the person's time to the solicitation or procurement of insurance contracts for the society; or [PL 2023, c. 405, Pt. A, §93 (AMD).]

3. Persons who do not effect insurance. A member of a society does not effect insurance and that member's solicitation or negotiation is incidental to securing new members for the member's society and that member's only remuneration consists of prizes in the form of merchandise or payments of a nominal amount. [PL 2023, c. 405, Pt. A, §93 (AMD).]
24-A M.R.S. § 4215 — ME Code / Title 24-A / Chapter 56 / Section 4215
24-A §4215. Examinations
Status: in_force

1. The superintendent may make an examination of the affairs of any health maintenance organization as often as the superintendent considers it necessary for the protection of the interests of the people of this State, but not less frequently than once every 3 years. The superintendent may defer making an examination for no more than 2 additional years. In lieu of the superintendent's making an examination of a foreign or alien health maintenance organization, the superintendent may accept a full report of the most recent examination certified by the chief regulatory official of another state with responsibility for the financial oversight of health maintenance organizations. [PL 2021, c. 16, §13 (AMD).]

2. The Commissioner of Health and Human Services may make an examination concerning the quality of health care services of any health maintenance organization as often as the commissioner considers it necessary for the protection of the interests of the people of this State, but not less frequently than once every 3 years. [RR 2021, c. 1, Pt. B, §346 (COR).]

3. Every health maintenance organization shall submit its books and records relating to health care services to such examinations and in every way facilitate them. For the purpose of examinations, the superintendent and the Commissioner of Health and Human Services may administer oaths to and examine the officers and agents of the health maintenance organization. [PL 1975, c. 503 (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]

4. The expenses of examinations under this section shall be assessed against the organization being examined and remitted to the superintendent or the Commissioner of Health and Human Services for whom the examination is being conducted. [PL 1975, c. 503 (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]

5. In lieu of such examination, the superintendent or Commissioner of Health and Human Services may accept the report of an examination made by persons holding comparable office of another state. [PL 1975, c. 503 (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]
24-A M.R.S. § 2152 — ME Code / Title 24-A / Chapter 23 / Section 2152
24-A §2152. Unfair methods; deceptive acts prohibited
Status: in_force

No person shall engage in this State in any trade practice which is defined in this chapter, as, or determined pursuant to this chapter, to be an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. No resident of this State shall engage in any other state in any trade practice which is defined in this chapter as, or determined pursuant to this chapter to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 4338 — ME Code / Title 24-A / Chapter 56-A / Section 4338
24-A §4338. Downstream risk arrangements that exceed risk threshold described in section 4334
Status: in_force

The superintendent may waive downstream risk arrangements from licensure requirements that exceed the risk threshold described in section 4334 if the downstream risk arrangement meets the contractual and disclosure requirements established under section 4332 and the criteria set forth in sections 4339 to 4342 and is determined by the superintendent not to prejudice enrollee interests. [PL 1999, c. 609, §20 (NEW).]
24-A M.R.S. § 2011 — ME Code / Title 24-A / Chapter 19 / Section 2011
24-A §2011. Insurer's liability for losses and unearned premiums
Status: in_force

1. As to a surplus lines risk that has been assumed by a nonadmitted insurer pursuant to this chapter, and if the premium has been received by the producer with surplus lines authority who placed such insurance, in all questions arising under the coverage as between the insurer and the insured the insurer is deemed to have received the premium due to it for such coverage; and the insurer is liable to the insured as to losses covered by such insurance, and for unearned premiums that may become payable to the insured upon cancellation of such insurance, whether or not in fact the producer is indebted to the insurer with respect to the insurance or for any other cause. [PL 2025, c. 348, §25 (AMD).]

2. Each nonadmitted insurer assuming a surplus lines risk under this chapter is deemed to have subjected itself to the terms of this section, and any policy terms or conditions contrary to this section are void. [PL 2025, c. 348, §25 (AMD).]
24-A M.R.S. § 1104 — ME Code / Title 24-A / Chapter 13 / Section 1104
24-A §1104. Authorization, record of investments
Status: in_force

1. An insurer shall not make any investment or loan unless the same is authorized or approved by the insurer's board of directors or by a committee thereof charged with supervision of investments and loans. [PL 1987, c. 399, §5 (AMD).]

2. The insurer shall maintain a full record of each investment, showing, among other pertinent information, the name of any officer, director or principal stockholder of the insurer having any direct, indirect or contingent interest in the securities, loan or property constituting the investment, or in the person in whose behalf the investment is made, and the nature of such interest. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 732 — ME Code / Title 24-A / Chapter 9 / Section 732
24-A §732. Deposits and funds withheld under reinsurance treaties
Status: in_force

Any ceding insurer must report in its annual statement all funds withheld and deposit funds established pursuant to contracts of ceded reinsurance. Ceding insurers must report this and related information as required by reporting rules established by the National Association of Insurance Commissioners. [PL 1991, c. 828, §19 (NEW).]
24-A M.R.S. § 2210 — ME Code / Title 24-A / Chapter 24 / Section 2210
24-A §2210. Access to recorded personal information
Status: in_force

1. Recorded personal information. If any insurance consumer, after proper identification, submits a written request to a regulated insurance entity or insurance support organization for access to recorded personal information about the consumer that is reasonably described by the consumer and reasonably locatable and retrievable by the regulated insurance entity or insurance support organization, the regulated insurance entity or insurance support organization shall, within 30 days after the date the request is received: A. Inform the consumer of the nature and substance of the recorded personal information in writing or by telephone or other oral communication; [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).] B. Permit the consumer to see and copy, in person, the recorded personal information or to obtain a copy of the recorded personal information by mail, whichever method the consumer prefers, unless the recorded personal information is in coded form, in which case an accurate translation in plain language must be provided in writing; [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).] C. Disclose to the consumer the identity, if recorded, of those persons to whom the regulated insurance entity or insurance support organization has disclosed the information described or similar personal information about the consumer during the 2 years preceding the request and, if the identity is not recorded, the names of those carriers, producers, agencies, insurance support organizations or other persons to whom any such information is normally disclosed; and [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).] D. Provide the consumer with a summary of the procedures by which the consumer may request correction, amendment or deletion of recorded personal information. [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).] [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]

2. Resident considered consumer. For purposes of this section and section 2211 , as applied to insurance support organizations, any resident of this State is considered an insurance consumer. [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]

3. Institutional source. Any personal information provided pursuant to subsection 1 must identify the source of the information if it is an institutional source. [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]

4. Election relating to health care information. In lieu of disclosure directly to the consumer, the carrier or producer may elect to disclose health care information, together with the identity of the health care provider who provided the information, to a person designated by the consumer who is licensed to provide health care with respect to the condition to which the information relates. The regulated insurance entity or insurance support organization shall notify the consumer at the time of the disclosure that it has provided the information to the health care practitioner. [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]

5. Fee. Except for personal information provided under section 2212 , a regulated insurance entity or insurance support organization may charge a reasonable fee to cover the costs incurred in providing a copy of recorded personal information to consumers. [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]

6. Satisfaction by other carrier, producer or administrator. The obligations imposed by this section upon a regulated insurance entity may be satisfied by another carrier, producer or administrator authorized to act on its behalf. With respect to the copying and disclosure of recorded personal information pursuant to a request under subsection 1 , a regulated insurance entity or insurance support organization may make arrangements with an insurance support organization or a consumer reporting agency to copy and disclose recorded personal information on its behalf. [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]

7. Confidential investigative information. Confidential investigative information and personal information in which a 3rd person has a nondisclosure right pursuant to section 2215 are not subject to the provisions of this section. [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]

8. Applicability. This section does not apply to a consumer reporting agency except to the extent that this section imposes more stringent requirements on a consumer reporting agency than other state or federal law. [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
24-A M.R.S. § 3862 — ME Code / Title 24-A / Chapter 53 / Section 3862
24-A §3862. Action on bond
Status: in_force

Action on the attorney's bond or to recover against any such deposit made in lieu thereof may be brought at any time by one or more subscribers suffering loss through a violation of its conditions, or by a receiver or liquidator of the insurer. Amounts recovered on the bond shall be deposited in and become part of the insurer's funds. The total aggregate liability of the surety shall be limited to the amount of the penalty of such bond. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 476 — ME Code / Title 24-A / Chapter 5 / Section 476
24-A §476. Personal responsibility of the superintendent limited
Status: in_force

The superintendent shall not be held legally responsible for any act or failure to act in the premises when such act or failure to act shall have been shown to be the result of good faith. [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]
24-A M.R.S. § 4303-B — ME Code / Title 24-A / Chapter 56-A / Section 4303-B
24-A §4303-B. Disclosure related to provider networks
Status: in_force

1. Disclosure. Upon request, a carrier shall provide to a provider to which the carrier has decided not to offer the opportunity to participate or that the carrier has decided not to include as a participating provider in any of the carrier's provider networks a written explanation of the reason for the carrier's decision. The written explanation provided by the carrier must indicate whether the reason for not offering the provider the opportunity to contract or for not including the provider in any network was related to the provider's performance with respect to quality, cost or cost-efficiency. [PL 2013, c. 535, §2 (NEW).]

2. No right of action. A provider has no right of action as the result of a disclosure made in accordance with this section. [PL 2013, c. 535, §2 (NEW).]