Resolve, Directing the Bureau of Insurance To Amend Its Rules Pertaining to Medicare Advantage Plans
Maine Legislature, Session 126, LD 0506
Committee: Insurance and Financial Services
Sponsors: LANGLEY, KATZ, WHITTEMORE

Legislative Document 
No. 506 
S.P. 196 
In Senate, February 19, 2013 
Resolve, Directing the Bureau of Insurance To Amend Its Rules 
Pertaining to Medicare Advantage Plans 
(EMERGENCY) 
Reference to the Committee on Insurance and Financial Services suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator LANGLEY of Hancock. 
Cosponsored by Senators: KATZ of Kennebec, WHITTEMORE of Somerset. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, state law and rules adopted by the Department of Professional and 
Financial Regulation, Bureau of Insurance allow those residents of the State covered 
under Medicare Advantage plans to have more than one year to move from a Medicare 
Advantage plan to traditional Medicare coverage and enroll in a Medicare supplement 
plan without affecting their continuity of coverage; and 
Whereas, recent interpretations under federal regulations appear to limit the ability 
of a Medicare beneficiary to move from one Medicare Advantage plan to another 
Medicare Advantage plan without losing continuity of coverage; and 
Whereas, this resolve directs the Bureau of Insurance to amend its rules to clarify 
that a Medicare beneficiary who is enrolled in a Medicare Advantage plan has the right to 
enroll in another Medicare Advantage plan offered by the same insurer or a different 
insurer without affecting the Medicare beneficiary's continuity of coverage; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1.  Bureau of Insurance to amend eligibility rules for Medicare 
Advantage plans. Resolved: That the Department of Professional and Financial 
Regulation, Bureau of Insurance shall amend Bureau of Insurance Rule Chapter 275 to 
clarify that a Medicare beneficiary who is enrolled in a Medicare Advantage plan has the 
right to enroll in another Medicare Advantage plan offered by the same insurer or a 
different insurer for a period of 3 years without affecting the Medicare beneficiary’s 
continuity of coverage. Rules adopted pursuant to this section are routine technical rules 
as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve directs the Department of Professional and Financial Regulation, Bureau 
of Insurance to amend its rules to clarify that a Medicare beneficiary who is enrolled in a 
Medicare Advantage plan may enroll in another Medicare Advantage plan with the same 
insurer or a different insurer for a period of 3 years without affecting the Medicare 
beneficiary's continuity of coverage.