An Act To Restore Consumer Rate Review for Health Insurance Plans in the Individual Market
Maine Legislature, Session 127, LD 0243
Committee Amendment CA_A_H104 (House)
Amends: 24-A MRSA §2736-A

COMMITTEE AMENDMENT "A " to H.P. 175, L.D. 243, Bill, "An Act To 
Restore Consumer Rate Review for Health Insurance Plans in the Individual Market" 
Amend the bill by striking out all of section 2 and inserting the following: 
'Sec. 2. 24-A MRSA §2736-A, as amended by PL 2011, c. 364, §2, is repealed 
and the following enacted in its place: 
§2736-A. Hearing; public comment 
1. Hearing requirements. If at any time the superintendent has reason to believe 
that a filing does not meet the requirements that rates not be excessive, inadequate or 
unfairly discriminatory or that the filing violates any of the provisions of chapter 23, the 
superintendent shall cause a hearing to be held. If a filing proposes an increase in rates in 
an individual health plan as defined in section 2736-C, the superintendent shall cause a 
hearing to be held at the request of the Attorney General. In any hearing conducted under 
this subsection, the insurer has the burden of proving rates are not excessive, inadequate 
or unfairly discriminatory. Hearings held under this subsection must conform to the 
procedural requirements set forth in Title 5, chapter 375, subchapter 4. 
2. Public comment on certain filings. If a filing proposes an increase in rates in an 
individual health plan as defined in section 2736-C and the rate increase for any 
policyholder exceeds the index of medical inflation by 2% or more, the superintendent 
shall hold meetings in at least 3 locations throughout the State to allow public comment 
on the rate filing. For pUI]Joses of this subsection, "index of medical inflation" means the 
rate of increase in medical costs for a section of the United States selected by the 
superintendent that includes Maine for the most recent 12-month period immediately 
preceding the date of the filing for which data are available.' 
Amend the bill by striking out all of section 5. 
Amend the bill in section 6 in the 2nd line (page 2, line 34 in L.D.) by striking out the 
following: "2735-A, 2736-A and 2736-C" and inserting the following: '2735-A and 
2736-C and that repeal and replace section 2736-A' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 175, L.D. 243 
Amend the bill in section 6 in the last line (page 2, line 37 in L.D.) by striking out the 
following: "2016" and inserting the following: '2017' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment requires the Superintendent of Insurance to hold meetings in at least 
locations throughout the State to allow public comment on a rate filing if the rate filing 
proposes an increase in rates in individual health insurance plans that exceeds the rate of 
medical inflation by 2% or more. The bill requires a hearing to be held pursuant to the 
Maine Administrative Procedure Act for every rate filing proposing an increase in rates in 
individual health plans. The changes in the amendment apply to rate filings beginning 
with the 2017 plan or policy year, instead of the 2016 plan or policy year as proposed in 
the bill. 
The amendment also removes the section of the biII related to meetings of the Board 
of Directors of the Maine Guaranteed Access Reinsurance Association. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/21/15 
frac 
LD243 
LR 183(02) 
An Act To Restore Consumer Rate Review for Health Insurance Plans in the Individual Market 
Fiscal Note for Bill as Amended by Committee Amendment ,tt, l H - lD~) 
Committee: Insurance and Financial Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any additional costs to the Department of Professional and Financial Regulation to adopt the changes in this bill are 
expected to be minor and can be absorbed within existing budgeted resources. 
LRO 183(02) - Fiscal Note - Page 1 of 1