An Act To Amend the Maine Guaranteed Access Reinsurance Association Act
Maine Legislature, Session 128, LD 0659
Committee: Insurance and Financial Services
Sponsors: WHITTEMORE, FOLEY, COLLINS, CUSHING, DAVIS, DOW, THIBODEAU, CRAIG, LAWRENCE, PICCHIOTTI
Amends: 24-A MRSA §3953

Legislative Document
No. 659
S.P. 221
In Senate, February 28, 2017
An Act To Amend the Maine Guaranteed Access Reinsurance 
Association Act
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 FOLEY of Wells and
Senators: COLLINS of York, CUSHING of Penobscot, DAVIS of Piscataquis, DOW of 
Lincoln, President THIBODEAU of Waldo, Representatives: CRAIG of Brewer, LAWRENCE 
of South Berwick, PICCHIOTTI of Fairfield.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  24-A MRSA §3953, sub-§1, as amended by PL 2015, c. 404, §1, is 
further amended to read: 
1.  Guaranteed access reinsurance mechanism established.  The Maine 
Guaranteed Access Reinsurance Association is established as a nonprofit legal entity.  As 
a condition of doing business in the State, an insurer that has issued or administered 
medical insurance within the previous 12 months or is actively marketing a medical 
insurance policy or medical insurance administrative services in this State must 
participate in the association.  The Dirigo Health Program established in chapter 87 and 
any other state-sponsored health benefit program shall also participate in the association.  
Except as provided in section 3962, operations of the association are suspended and the 
association may not collect assessments as provided in section 3957, provide reinsurance 
for member insurers under section 3958 or provide reimbursement for member insurers 
under section 3961 as of the date on which a transitional reinsurance program established 
under the authority of Section 1341 of the federal Affordable Care Act commences 
operations in this State until December 31, 2017 2019. 
Sec. 2.  Review of the Maine Guaranteed Access Reinsurance Association.  
The Superintendent of Insurance shall review the Maine Guaranteed Access Reinsurance 
Association as established by the Maine Revised Statutes, Title 24-A, chapter 54-A; the 
condition of Maine's health insurance market, including the individual, small group and 
large group markets; and any changes to the federal Patient Protection and Affordable 
Care Act and federal regulations adopted pursuant to that Act.  Before February 15, 2019, 
the superintendent shall make a recommendation to the joint standing committee of the 
Legislature having jurisdiction over insurance and financial services matters as to 
whether the Maine Guaranteed Access Reinsurance Association should resume 
operations following its suspension pursuant to Title 24-A, section 3953, subsection 1 
pursuant to a revised plan of operation or should terminate its operations and dissolve and 
whether any changes should be made to the statutes governing the association in 
connection with its continued operation or dissolution. The joint standing committee of 
the Legislature having jurisdiction over insurance and financial services matters may 
submit a bill relating to the Maine Guaranteed Access Reinsurance Association to the 
SUMMARY 
This bill extends the suspension of the operations of the Maine Guaranteed Access 
Reinsurance Association for 2 years, until December 31, 2019. The bill also directs the 
Superintendent of Insurance to make a recommendation before February 15, 2019 to the 
joint standing committee of the Legislature having jurisdiction over insurance and 
financial services matters relating to the continued operation or dissolution of the 
association.