An Act To Ensure Fair Compensation for Licensed Insurance Agents
Maine Legislature, Session 128, LD 0361
Committee Amendment CA_A_H69 (House)
Amends: 24-A MRSA §2189

COMMITTEE AMENDMENT "/},, to H.P. 267, L.D. 361, Bill, "An Act To 
Ensure Fair Compensation for Licensed Insurance Agents" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 24-A MRSA §2189 is enacted to read: 
§2189. Requirements related to enrollment in health plans 
1. Definition. As used in this section. unless the context otherwise indicates, 
"exchange" has the same meaning as in section 2188. subsection 1. paragraph A. 
2. Requirements. An insurer that offers a health plan in this State through the 
exchange or outside of the exchange shall pay a commission to a licensed insurance 
producer appointed by or contracted with the insurer for the enrollment of an individual 
or employee in a health plan during any annual or special enrollment period. 
A commission paid to a licensed insurance producer appointed by or contracted with the 
insurer for enrollment in a health plan during any special enrollment period must be equal 
to the commission paid for enrollment during the insurer's annual enrollment period. 
3. Commission on health plan enrollment initially completed during special 
enrollment period. An insurer may not eliminate, restrict or limit the payment of a 
commission to a licensed insurance producer appointed by or contracted with the insurer 
for the enrollment of an individual or employee in a health plan during any annual 
enrollment period on the basis that the producer was not paid a commission for the 
enrollment of the same individual or employee by the producer in a prior plan year during 
a special enrollment period. 
Sec. 2. Application. The requirements of this Act apply to all health plans 
executed, delivered, issued for delivery, continued or renewed in this State on or after 
January 1, 2018. For purposes of this Act, all contracts are deemed to be renewed no 
later than the next yearly anniversary of the contract date.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "/},to H.P. 267, L.D. 361 
SUMMARY 
This amendment replaces the bill. Like the bill, the amendment requires insurers that 
offer health plans in this State to pay commissions to licensed insurance producers for 
enrollments made during annual and special enrollment periods and to pay an equal 
commission for enrollments made during a special enrollment period. The amendment 
also prohibits an insurer from eliminating, restricting or limiting the payment of a 
commission to a producer for enrollment of an individual in a health plan during any 
annual enrollment period on the basis that the producer was not paid a commission for the 
enrollment of the same individual by the producer in a prior plan year during a special 
enrollment period. 
The amendment removes the provisions in the bill that require insurers to ensure that 
only licensed insurance producers and consultants enroll individuals and employees 
during special enrollment periods and that require that these insurance producers and 
consultants receive training to recognize potential cases of fraud, waste and abuse related 
to special enrollment periods. 
The amendment also removes references to licensed 
insurance consultants and clarifies that the requirements related to the payment of 
commissions apply when an insurance producer holds an appointment from or is 
contracted with the insurer. 
The amendment clarifies that the provisions apply to health plans issued or renewed 
on or after January 1, 2018. 
COMMITTEE AMENDMENT