An Act To Repeal the Maine Guaranteed Access Reinsurance Association Act
Maine Legislature, Session 127, LD 1545
Committee: Insurance and Financial Services
Sponsors: WHITTEMORE, BECK, CUSHING, LANGLEY, MARTIN
Amends: 5 MRSA §12004-G, 24-A MRSA §2736-C, 24-A MRSA §3963, 24-A MRSA §3953

Legislative Document 
No. 1545 
S.P. 605 
In Senate, January 12, 2016 
An Act To Repeal the Maine Guaranteed Access Reinsurance 
Association Act 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Insurance and Financial Services suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator WHITTEMORE of Somerset. 
Cosponsored by Representative BECK of Waterville and 
Senators: CUSHING of Penobscot, LANGLEY of Hancock, Representative: MARTIN of 
Sinclair. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-G, sub-§14-H, as corrected by RR 2011, c. 1, §6, is 
amended to read: 
14-H.    
This subsection is repealed January 1, 2019. 
Sec. 2.  24-A MRSA §2736-C, sub-§3, ¶E, as amended by PL 2011, c. 621, §1, 
is further amended to read: 
E.   As part of the application process for individual health coverage, a carrier shall 
require an individual to complete the health statement developed by the Board of 
Directors of the Maine Guaranteed Access Reinsurance Association pursuant to 
section 3955, subsection 1, paragraph E.  A carrier may not deny coverage or refuse 
to renew or cancel an individual health plan on the basis of an individual's complete 
or incomplete health statement, claims history or risk scores or on the basis of any 
omission of material information from a health statement or misrepresentation of an 
individual's health status.  The rejection of an application for individual health 
coverage by a carrier because an individual has not submitted a completed health 
statement is not a denial of coverage for the purposes of this paragraph. 
This paragraph is repealed January 1, 2019. 
Sec. 3.  24-A MRSA §3963 is enacted to read: 
§3963.  Repeal 
This chapter is repealed January 1, 2019. 
Sec. 4.  Evaluation of Maine Guaranteed Access Reinsurance Association.  
During the First Regular Session of the 128th Legislature, the joint standing committee of 
the Legislature having jurisdiction over insurance and financial services matters shall 
conduct a review and evaluation of the transitional reinsurance program operating in the 
State between January 1, 2014 and December 31, 2016 pursuant to the federal Patient 
Protection and Affordable Care Act and federal regulations adopted pursuant to that Act 
and the differences between the transitional reinsurance program and the Maine 
Guaranteed Access Reinsurance Association as established by the Maine Revised 
Statutes, Title 24-A, chapter 54-A. Before January 1, 2018, the joint standing committee 
of the Legislature having jurisdiction over insurance and financial services matters shall 
make a recommendation to the Superintendent of Insurance as to whether the Maine 
Guaranteed Access Reinsurance Association should resume operations pursuant to a 
revised plan of operation and whether any changes should be made to the statutes 
Health Care 
Board of Directors 
of the Maine 
Guaranteed Access 
Reinsurance 
Association 
Expenses Only 
24-A MRSA §3953 
governing the association. The joint standing committee of the Legislature having 
jurisdiction over insurance and financial services matters may submit a bill based on its 
evaluation to the Second Regular Session of the 128th Legislature. 
SUMMARY 
This bill repeals the Maine Guaranteed Access Reinsurance Association Act, 
effective January 1, 2019.  Prior to the repeal, it requires the joint standing committee 
having jurisdiction over insurance and financial services matters to review and evaluate 
the transitional reinsurance program operating in the State between January 1, 2014 and 
December 31, 2016 pursuant to the federal Patient Protection and Affordable Care Act 
and federal regulations adopted pursuant to that Act and the differences between the 
transitional reinsurance program and the Maine Guaranteed Access Reinsurance 
Association and recommend to the Superintendent of Insurance whether the Maine 
Guaranteed Access Reinsurance Association should resume operations.  The committee is 
authorized to submit a bill to the Second Regular Session of the 128th Legislature based 
on the committee’s evaluation.