An Act Regarding the Maine Guaranteed Access Reinsurance Association
Maine Legislature, Session 126, LD 1167
Committee: Insurance and Financial Services
Sponsors: WHITTEMORE, TREAT, CUSHING, WOODBURY, DOAK, FITZPATRICK
Amends: 24-A MRSA §3953

Legislative Document 
No. 1167 
S.P. 404 
In Senate, March 26, 2013 
An Act Regarding the Maine Guaranteed Access Reinsurance 
Association 
Reference to the Committee on Insurance and Financial Services suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator WHITTEMORE of Somerset. 
Cosponsored by Representative TREAT of Hallowell and 
Senators: CUSHING of Penobscot, WOODBURY of Cumberland, Representatives: DOAK of 
Columbia Falls, FITZPATRICK of Houlton. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  24-A MRSA §3953, sub-§1, as enacted by PL 2011, c. 90, Pt. B, §8, is 
amended to read: 
1.  Guaranteed access reinsurance mechanism established.  The Maine 
Guaranteed Access Reinsurance Association is established as a nonprofit legal entity.  As 
a condition of doing business in the State, an insurer that has issued or administered 
medical insurance within the previous 12 months or is actively marketing a medical 
insurance policy or medical insurance administrative services in this State must 
participate in the association.  The Dirigo Health Program established in chapter 87 and 
any other state-sponsored health benefit program shall also participate in the association.  
From January 1, 2014 to December 31, 2016 or until such time as the transitional 
reinsurance program administered pursuant to the federal Affordable Care Act is 
terminated, the authority of the association granted by this chapter is suspended. 
Sec. 2.  Maine Guaranteed Access Reinsurance Association; amendment 
to plan of operation.  On or before October 1, 2013, the Board of Directors of the 
Maine Guaranteed Access Reinsurance Association shall submit an amendment to the 
association's plan of operation to the Superintendent of Insurance for approval as 
provided in the Maine Revised Statutes, Title 24-A, section 3953, subsection 3 to 
implement the suspension of the operations of the association pursuant to this Act.  In 
amending the plan of operation, the board of directors shall, at a minimum, explain how 
operations will be suspended, describe the actions necessary to pay reinsurance on 
qualified claims attributable to the time period prior to January 1, 2014 and describe the 
actions necessary to suspend assessments. 
SUMMARY 
This bill suspends the authority of the Maine Guaranteed Access Reinsurance 
Association from January 1, 2014 to December 31, 2016 or until such time as the 
transitional reinsurance program administered by the federal Department of Health and 
Human Services pursuant to the federal Patient Protection and Affordable Care Act is no 
longer operational. The bill also directs the Board of Directors of the Maine Guaranteed 
Access Reinsurance Association to amend the association's plan of operation and submit 
the amendment on or before October 1, 2013 to the Superintendent of Insurance for 
approval. The amended plan of operation must include, but is not limited to, an 
explanation of how operations will be suspended, the actions necessary to pay 
reinsurance on qualified claims attributable to the time period prior to January 1, 2014 
and the actions necessary to suspend assessments.