An Act To Protect Maine Consumers in the Individual Health Insurance Market and SUppatt Maine's Economy
Maine Legislature, Session 127, LD 1344
Committee Amendment CA_A_H291 (House)

COMMITTEE AMENDMENT "A " to H.P. 913, L.D. 1344, Bill, "An Act To 
Protect Maine Consumers in the Individual Health Insurance Market and SUppatt Maine's 
Economy" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, 89% of the more than 74,000 Maine residents enrolled in health insurance 
coverage through the State's federally facilitated marketplace receive premium assistance 
through advanced premium tax credits; and 
Whereas, the validity of advanced premium tax credits through federally facilitated 
marketplaces is under review by the United States Supreme Court in King v. Burwell; 
and 
Whereas, the United States Supreme Court decision expected in late June could 
affect the continued availability of advanced premium tax credits for Maine residents 
seeking to enroll or reenroll in health insurance coverage for the 2017 plan year; and 
Whereas, this legislation establishes a state-based exchange if advanced premium 
tax credits through the State's federally facilitated marketplace are no longer available; 
and 
Whereas, immediate enactment of this legislation is necessary to ensure that a state-
based exchange can be implemented in a timely manner if the advanced premium tax 
credits are no longer available; 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,' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A .. to H.P. 913, L.D. 1344 
Amend the bill in section 1 in §7202 in subsection 2 in the first line (page 1, line 20 
in L.D,) by inserting before the following: 
"A state agency" the following: 
'The 
Governor or .the Governor's designee shall interact with and cooperate with the Federal 
Government on behalf of the State and is authorized to enter into any agreement with the 
Federal Govemment related to the performance of any technical functions of the 
exchange by the Federal Govemment.' 
Amend the bill in section 1 in §7202 by inserting at the end the following: 
'4. 
Funding fOI' subsidies. Except for funds or grants provided by the Federal 
Government, the State may not appropriate or allocate any ninds toward the cost of 
providing advanced premium tax. credits or other subsidies to individual consumers 
purchasing health insurance through the exchange,' 
Amend the bill in section 1 by inserting at the end the following: 
'§7204. Repeal 
This chapter is repealed upon notification to the State or other public declaration by 
the United States Department of Health and Human Services, Internal Revenue Service or 
other department of the Federal Government that advanced premium tax credits will 
become available to individuals purchasing health insurance coverage through a federally 
facilitated marketplace established pursuant to the federal Affordable Care Act. 
The 
superintendent shall notify the Secretary of State, the Secretary of the Senate, the Clerk of 
the House of Representatives and the Revisor of Statutes when, pursuant to this section, 
notification is received or pubiic declaration is made.' 
Amend the bill by adding after section 2 the following: 
'Sec. 3. Appropriations and allocations. The following appropriations and 
allocations are made. 
PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF 
Maine Health Benefi,t Exchange N205 
Initiative: Provides an allocation to establish a new fund for certain oversight costs 
related to the Maine Health Benefit Exchange, 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2015-16 
$500 
$500 
2016-17 
$500 
$500 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment directs the Governor or the Governor's designee to interact with and 
cooperate with the Federal Government with respect to the State's health benefit exchange 
. COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A" to H.P. 913, L.D. 1344 
and authorizes thc Govcrnor or the Governor's designee to enter into any agreements for 
the performance of the technical functions of the exchange by the Federal Government. 
The amendment clarifies that the State may not appropriate or allocate any funds other 
than federal funds for the costs of providing subsidies to individuals purchasing health 
insurance coverage through the exchm1ge. The amendment adds a repeal provision that 
would repeal authorization for lhe' state-based exchange if the Federal Government 
notifies the State that advanced premium tax credits will become available to individuals 
purchasing health insurance coverage through a federally facilitated marketplace 
established pursuant to the federal Patient Protection and Affordable Care Act. 
The 
amendment also adds an emergency preamble and emergency clause. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/28/15 
;:Wac:.. 
LD 1344 
LR 1309(02) 
An Act To Protect Maine Consumers in the Individual Health Insurance Market and Support Maine's 
Economy 
Fiscal Note for Bill as Amended by Committee Amendment 'A' C H 
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Committee: Insurance and Financial Services 
Appropria tionsl Allocations 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2015-16 
FY 2016-17 
$500 
$500 
Projections 
FY 2017-18 
$500 
Projections 
FY 2018-19 
$500 
This bill establishes the Maine Health Benefit Exchange. The current state administrative costs for overseeing the 
existing Federal Exchange' have been minor. This bill includes $500 base allocations to establish a new fund in the 
Department of Professional and Financial Regulation to acconunodate any minor costs incurred in the oversight of the 
Maine Health Benefit Exchange. 
LR1309(02) - Fiscal Note - Page 1 of 1