An Act Regarding the Electronic Submission of Filings
Maine Legislature, Session 124, LD 0123
Committee: Insurance and Financial Services
Sponsors: BOWMAN, RICHARDSON, BECK, GOODE
Amends: 24-A MRSA §2304-A, 24-A MRSA §2382-C, 24-A MRSA §2412, 24-A MRSA §2736, 24-A MRSA §2839, 24-A MRSA §4207

FIRST REGULAR SESSIOl'~-2009 
Legislative Document 
No. 123 
S.P.45 
January 15,2009 
An Act Regarding the Electronic Submission of Filings 
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 204. 
Reference to the Committee on Insurance and Financial Services suggested and ordered 
printed. 
Presented by Senator BOWMAN of York. 
Cosponsored by Representative RICHARDSON of Warren and 
Representatives: BECK of Waterville, GOODE of Bangor. 
Printed on recycled paper 
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JOY 1. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 24-A MRSA §2304-A, sub-§l, as amended by PL 2007, c. 188, Pt. B, §1, 
is further amended to read: 
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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 
days in advance of the stated effective date unless that 30-day requirement is waived 
by the superintendent. The effective date may be suspended by the superintendent for a 
period of time not to e)cceed 60 days, except that the effective date for filings made 
electronically may not be suspended. Filings made electronically must be acted 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. 
Sec. 2. 24-A MRSA §2382-C, sub-§2, as enacted by PL 1991, c. 885, Pt. B, § 12 
and affected by § 13, is further amended to read: 
2. Form and manqer of filing. Rates filed pursuant to this section mllst be filed in a 
form and manner prescribed by the superintendent. Ifa filing is not accompanied by the 
information the superintendent has. required under this section, the superintendent shall 
notify the insurer as soon as possible and the filing is deemed as not made until the 
information is provided. 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. 
Sec. 3. 24-A MRSA §2412, sub-§2, as amended by PL 2003, c. 671, Pt. A, §2, is 
further amended to read: 
2. 
Every filing must be made not less than 30 days in advance of any delivery. At 
the expiration of the 30 days, the form so filed is deemed approved unless prior thereto it 
has been affinuatively approved or disapproved by order of the superintendent. Approval 
. 
of the forin by the superintendent constitutes a waiver of any unexpired portion of the 
waiting period. The superintendent may extend by not more than an additional 30 days 
the period within " .. hich the superintendent may affirmatively approve or. disapprove any 
fonn, by giving notice to the insurer of the. extension before expiration of the initial 30 
day period, e)ccept that the effective date oLa fiIiQg ml;u:1,e electronicaJly for. a coverage 
under a health, life or annuity product may not be extended. 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 
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pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. At the expiration of the period so extended, and in the absence of prior 
affirmative approval or disapproval, any form is deemed approved. the superintendent 
may at any time, after hearing and for cause shown, withdraw any approval. 
Sec. 4. 24-A MRSA §2736, sub-§l, as amended by PL 2003, c. 428, Pt. F, §2, is· 
further amended to read: 
1. Filing of rate information. Every insurer shall file with the superintendent every 
rate, rating formula, classification of risks and every modification of any formula or 
classification that it proposes to use in connection with individual health insurance 
policies and certain group policies specified in section 2701. Every such filing must state 
the effective date of the filing. Every such filing 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, and the effective date may be suspended by the superintendent for a 
period of time not to exceed 30 days. In the case of a filing that meets the criteria in 
subsection 3, the superintendent may suspend the effective date for a longer period not to 
exceed 30 days from the date the organization satisfactorily responds to any reasonable 
discovery requests. 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. 
Sec. 5. 24-A MRSA §2839, as amended by PL 2003, c. 428, Pt. E, §2, is further 
amended to read: 
§2839. Rates filed 
A policy of group health insurance may not be delivered in this State until a copy of 
the group rates to be used in calculating the premium for these policies has been filed for 
informational purposes with the superintendent. The filing must include the base rates 
and a description of any procedures to be used to adjust the base rates to reflect factors 
including but not limited to age, gender, health status, claims experience, group size and 
coverage of dependents. 
Notwithstanding this section, rates for group Medicare 
supplement, nursing home care or long-term care insurance contracts and for certain 
association groups and other groups specified in section 2701, subsection 2, paragraph C 
must be filed in accordance with section 2736. Rates for small group health insurance 
subject to section 2808-B are subject to the additional filing requirements specified in that 
section. 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 section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 6. 24-A MRSA §4207, sub-§2, as amended by PL 1995, c. 332, Pt. 0, §3, is 
further amended to read: 
2. 
No evidence of coverage, or amendment thereto, or underlying contract may be 
issued or delivered to any person in this State until a copy of the form of the evidence of 
coverage, amendment thereto and any underlying contract, has been filed with and 
approved by the superintendent. A filing required under this section must be made 
electronically in a format required by the superintendent unless exempted by rule adopted 
the by superintendent.' Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill amends the Maine Insurance Code to require that rate and form filings be 
made electronically in a fonnat required by the Superintendent of Insurance. 
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