An Act To Allow the Adjustment of the Assessment Rate for the Rural Medical Access Program
Maine Legislature, Session 126, LD 0645
Committee: Insurance and Financial Services
Sponsors: WHITTEMORE, FITZPATRICK, MONAGHAN-DERRIG
Amends: 24-A MRSA §6305, 24-A MRSA §6311

Legislative Document 
No. 645 
S.P. 236 
In Senate, February 26, 2013 
An Act To Allow the Adjustment of the Assessment Rate for the 
Rural Medical Access Program 
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. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator WHITTEMORE of Somerset. 
Cosponsored by Representative FITZPATRICK of Houlton and 
Representative: MONAGHAN-DERRIG of Cape Elizabeth. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  24-A MRSA §6305, sub-§3, as enacted by PL 2005, c. 122, §7, is 
amended to read: 
3.  Assessment rates; program fund balance.  For assessment years prior to July 1, 
2006, the assessment is 1.25% of premium.  For assessment years commencing July 1, 
2006 and after, the assessment is .75% 0.75% of premium unless adjusted pursuant to this 
subsection rules adopted in accordance with subsection 4.  The assessment rate is 
intended to result in collections no greater than $500,000 per assessment year.  When the 
program fund balance is $50,000 or less, the assessment rate must increase to 1% of 
premium.  When the program fund balance is more than $50,000, the assessment rate 
must decrease to .75% of premium.  The superintendent shall notify affected parties of 
any assessment rate adjustment and the effective date of that adjustment. 
The program fund balance may be used to pay assistance to qualified eligible physicians 
in prior years for which there were insufficient funds.  If all prior years' eligible qualified 
physicians have received assistance, any excess funds must be carried forward to 
subsequent plan years as part of the program fund balance.  Excess funds must be applied 
first to the assessment year commencing July 1, 1998 and then to each successive 
assessment year. 
For the purposes of this section, "program fund balance" means the total funds collected 
in excess of assistance paid for all years. 
Sec. 2.  24-A MRSA §6305, sub-§4 is enacted to read: 
4.  Establishment of assessment rate by rule.  The superintendent may adopt rules 
pursuant to section 6311 establishing an assessment rate or a methodology for calculating 
an assessment rate designed to provide an adequate and reliable funding source for the 
program and allow for the orderly and prudent drawdown of any long-term fund balance 
in excess of reasonable program needs.  The assessment rate may not result in expected 
collections exceeding $500,000 per assessment year and may not exceed 0.75% of 
premium unless the program fund balance is $50,000 or less, in which case the 
assessment rate must be set to a higher rate but may not exceed 1% of premium. 
Sec. 3.  24-A MRSA §6311, as enacted by PL 1989, c. 931, §5 and amended by 
PL 2003, c. 689, Pt. B, §7, is further amended to read: 
§6311.  Rules 
The superintendent and the Commissioner of Health and Human Services may adopt 
rules in accordance with the Maine Administrative Procedure Act to carry out this 
chapter. Rules adopted pursuant to this section are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
Currently, the Rural Medical Access Program assessment rate is 0.75% of 
professional liability insurance premium, which results in annual revenues in excess of 
annual costs.  This bill authorizes the Superintendent of Insurance to lower the 
assessment rate by rule in order to allow for the orderly and prudent drawdown of excess 
funds not needed by the program.