reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 59: INSURANCE OF PUBLIC EMPLOYEES AND PROPERTY › 24-A §4501. Insurance, annuities, pensions for public employees; payment of premiums and charges

§4501. Insurance, annuities, pensions for public employees; payment of premiums and charges
1.
The State, any county, city or town may make contracts of insurance with any insurer authorized to transact such business within the State insuring its employees or any class or classes thereof under a policy or policies of group insurance covering life, health or accident insurance and may contract with any such insurer granting annuities or pensions for the pensioning of such employees and for such purposes may agree to pay part or all of the premiums or charges for carrying such contract, raise money by taxation therefor and appropriate out of its treasury money necessary to pay such premiums or charges or portions thereof.
[PL 1969, c. 132, §1 (NEW).]
2.
Like authority to make contracts of insurance and appropriate out of its treasury, money necessary to pay such premiums or charges or portions thereof, is granted to any water district or other quasi-municipal corporation chartered and organized as such under the laws of this State. Any such water district or other quasi-municipal corporation may provide for the retirement and pensioning of its employees and for such purpose may create and set aside out of its treasury funds for a reserve or reserves, or it may contract with any insurer authorized to transact such business within the State and grant annuities for the retirement and pensioning of its employees, and for such purposes may agree to pay a part or all of the premiums or annual charges for carrying out such contracts or for creating such annuity reserves.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 59: INSURANCE OF PUBLIC EMPLOYEES AND PROPERTY › 24-A §4502. Tax sheltered annuities for school employees

§4502. Tax sheltered annuities for school employees
1.
In order to extend to the employees of any school administrative unit, school or educational institution located in the State and to certified employees of the Department of Education the benefits of tax sheltered annuities available under the Internal Revenue Code, it is declared to be the policy of the Legislature that any such school administrative unit, school, institution or the Department of Education may contract with any insurer authorized to contract such business within the State to provide one or more individual or group annuities for the pensioning of any employees of such unit, school, institution or Department of Education and for such purposes may agree to pay part or all of the premiums or charges for carrying such contracts, raise money by taxation therefor where otherwise lawful and appropriate out of its treasury money necessary to pay such premiums or charges or portions thereof.
[PL 1989, c. 700, Pt. A, §99 (AMD).]
2.
It is the intent of the Legislature that employees of any school administrative unit, school, educational institution or Department of Education located in the State shall be extended the opportunity to share in the benefits of tax sheltered annuities and all laws and regulations of the State shall be construed liberally to enable such employees to come within the Internal Revenue Code, section 403(b) without loss to themselves, or to the school administrative unit, school, educational institution or Department of Education to which they belong, of any benefits, subsidies or opportunities therefor that they might otherwise be entitled to under the laws of the State of Maine.
[PL 1989, c. 700, Pt. A, §99 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1971, c. 374 (AMD). PL 1973, c. 571, §57 (AMD). PL 1989, c. 700, §A99 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 61: UNCLAIMED FUNDS OF LIFE INSURERS › 24-A §4552. Scope (REPEALED)

§4552. Scope
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1977, c. 707, §7 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 61: UNCLAIMED FUNDS OF LIFE INSURERS › 24-A §4553. Definitions (REPEALED)

§4553. Definitions
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1977, c. 707, §7 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 61: UNCLAIMED FUNDS OF LIFE INSURERS › 24-A §4554. Reports (REPEALED)

§4554. Reports
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1973, c. 625, §162 (AMD). PL 1977, c. 707, §7 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 61: UNCLAIMED FUNDS OF LIFE INSURERS › 24-A §4555. Notice of unclaimed funds; publication (REPEALED)

§4555. Notice of unclaimed funds; publication
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1977, c. 707, §7 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 61: UNCLAIMED FUNDS OF LIFE INSURERS › 24-A §4556. Payment to superintendent (REPEALED)

§4556. Payment to superintendent
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1977, c. 707, §7 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 61: UNCLAIMED FUNDS OF LIFE INSURERS › 24-A §4557. Custody of unclaimed funds in State; insurers indemnified (REPEALED)

§4557. Custody of unclaimed funds in State; insurers indemnified
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1977, c. 707, §7 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 61: UNCLAIMED FUNDS OF LIFE INSURERS › 24-A §4558. Reimbursement for claims paid by insurers (REPEALED)

§4558. Reimbursement for claims paid by insurers
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1977, c. 707, §7 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 61: UNCLAIMED FUNDS OF LIFE INSURERS › 24-A §4559. Special trust fund; administration (REPEALED)

§4559. Special trust fund; administration
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1977, c. 707, §7 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 61: UNCLAIMED FUNDS OF LIFE INSURERS › 24-A §4560. Determination and review of claims (REPEALED)

§4560. Determination and review of claims
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1977, c. 707, §7 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 61: UNCLAIMED FUNDS OF LIFE INSURERS › 24-A §4561. Payment of allowed claims (REPEALED)

§4561. Payment of allowed claims
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1977, c. 707, §7 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 61: UNCLAIMED FUNDS OF LIFE INSURERS › 24-A §4562. Records required (REPEALED)

§4562. Records required
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1977, c. 707, §7 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 61: UNCLAIMED FUNDS OF LIFE INSURERS › 24-A §4563. Inapplicability of other statutes (REPEALED)

§4563. Inapplicability of other statutes
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 625, §163 (AMD). PL 1977, c. 707, §7 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 62: MAINE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION › 24-A §4601. Short title

§4601. Short title
This chapter may be known and cited as the Maine Life and Health Insurance Guaranty Association Act.   [PL 2005, c. 346, §1 (AMD); PL 2005, c. 346, §16 (AFF).]
SECTION HISTORY
PL 1983, c. 846 (NEW). PL 2005, c. 346, §1 (AMD). PL 2005, c. 346, §16 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 62: MAINE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION › 24-A §4602. Purpose

§4602. Purpose
The purpose of this chapter, subject to certain limitations, is to maintain public confidence in the promises of insurers by providing a mechanism for protecting policyholders, insureds, beneficiaries, annuitants, payees and assignees of life insurance policies, health insurance policies, annuity contracts and supplemental contracts against failure in the performance of fair and equitable contractual obligations due to the impairment or insolvency of the member insurer issuing these policies or contracts. To provide this protection:   [PL 2005, c. 346, §1 (AMD); PL 2005, c. 346, §16 (AFF).]
1.  Creation of association.
An association of insurers is created to enable the guaranty of payment of benefits and of continuation of coverages as limited by this chapter;
[PL 2005, c. 346, §1 (AMD); PL 2005, c. 346, §16 (AFF).]
2.  Assessment of members.
Members of the association are subject to assessment to provide funds to carry out the purpose of this chapter; and
[PL 1983, c. 846 (NEW).]
3.  Assistance to superintendent.
The association is authorized to assist the superintendent, in the prescribed manner, in the detection and prevention of insurer impairments and insolvencies.
[PL 2005, c. 346, §1 (AMD); PL 2005, c. 346, §16 (AFF).]
SECTION HISTORY
PL 1983, c. 846 (NEW). PL 2005, c. 346, §1 (AMD). PL 2005, c. 346, §16 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 62: MAINE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION › 24-A §4604. Construction

§4604. Construction
This chapter must be construed to effect the purpose under section 4602.   [PL 2005, c. 346, §3 (AMD); PL 2005, c. 346, §16 (AFF).]
SECTION HISTORY
PL 1983, c. 846 (NEW). PL 2005, c. 346, §3 (AMD). PL 2005, c. 346, §16 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 62: MAINE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION › 24-A §4605. Definitions (REPEALED)

§4605. Definitions
(REPEALED)
SECTION HISTORY
PL 1983, c. 846 (NEW). PL 1989, c. 67, §§10,11 (AMD). PL 1989, c. 751, §11 (AMD). PL 2001, c. 44, §11 (AMD). PL 2001, c. 44, §14 (AFF). PL 2005, c. 346, §4 (RP). PL 2005, c. 346, §16 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 62: MAINE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION › 24-A §4606. Creation of the association

§4606. Creation of the association
1.  Creation.
There is created a nonprofit legal entity to be known as the Maine Life and Health Insurance Guaranty Association. All member insurers must be and remain members of the association as a condition of their authority to transact insurance or health maintenance organization business in this State. The association shall perform its functions under the plan of operation established and approved under section 4610 and shall exercise its powers through a board of directors established under section 4607. For purposes of administration and assessment, the association shall maintain 3 accounts:
A. The health insurance account;   [PL 1983, c. 846 (NEW).]
B. The life insurance account; and   [PL 1983, c. 846 (NEW).]
C. The annuity account, which must include annuity contracts owned by a governmental retirement plan or its trustee established under Section 401, Section 403(b) or Section 457 of the United States Internal Revenue Code.   [PL 2005, c. 346, §6 (AMD); PL 2005, c. 346, §16 (AFF).]
[PL 2017, c. 382, §14 (AMD).]
2.  Supervision of association.
The association is under the immediate supervision of the superintendent and is subject to the applicable provisions of the insurance laws of this State. Meetings or records of the association may be open to the public upon majority vote of the board of directors of the association.
[PL 2005, c. 346, §6 (AMD); PL 2005, c. 346, §16 (AFF).]
SECTION HISTORY
PL 1983, c. 846 (NEW). PL 2005, c. 346, §6 (AMD). PL 2005, c. 346, §16 (AFF). PL 2017, c. 382, §14 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 62: MAINE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION › 24-A §4607. Board of directors

§4607. Board of directors
1.  Membership.
The board of directors of the association must consist of not less than 7 nor more than 11 members representing member insurers serving terms as established in the plan of operation pursuant to section 4610. The members of the board are selected by member insurers subject to the approval of the superintendent. Vacancies on the board must be filled for the remaining period of the term in the manner described in the plan of operation. To select the initial board of directors and initially organize the association, the superintendent shall give notice to all member insurers of the time and place of the organizational meeting. In determining voting rights at the organizational meeting each member insurer is entitled to one vote in person or by proxy. If the board of directors is not selected within 60 days after notice of the organizational meeting, the superintendent may appoint the initial members.
[PL 2017, c. 382, §15 (AMD).]
2.  Appointments; representation of member insurers.
In approving selections or in appointing members to the board, the superintendent shall consider, among other things, whether all member insurers are fairly represented.
[PL 1983, c. 846 (NEW).]
3.  Reimbursement.
Members of the board may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors, but members of the board may not otherwise be compensated by the association for their services.
[PL 2005, c. 346, §6 (AMD); PL 2005, c. 346, §16 (AFF).]
SECTION HISTORY
PL 1983, c. 846 (NEW). PL 2005, c. 346, §6 (AMD). PL 2005, c. 346, §16 (AFF). PL 2017, c. 382, §15 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 62: MAINE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION › 24-A §4611. Duties and powers of the superintendent

§4611. Duties and powers of the superintendent
In addition to the duties and powers enumerated elsewhere in this chapter:   [PL 1983, c. 846 (NEW).]
1.  Powers and duties.
The superintendent shall:
A. Notify the board of directors of the existence of an impaired insurer not later than 3 days after a determination of impairment or insolvency is made or the superintendent has received the notice of impairment or insolvency;   [PL 2005, c. 346, §8 (AMD); PL 2005, c. 346, §16 (AFF).]
B. Upon request of the board of directors, provide the association with a statement of the premiums in the appropriate states for each member insurer;   [PL 1983, c. 846 (NEW).]
C. When an impairment is determined, as defined in section 4605‑A, subsection 10, and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time. Notice to the impaired insurer constitutes notice to its shareholders, if any. The failure of the insurer to promptly comply with the demand does not excuse the association from the performance of its powers and duties under this chapter; and   [PL 2005, c. 346, §8 (AMD); PL 2005, c. 346, §16 (AFF).]
D. In any liquidation or rehabilitation proceeding involving a domestic insurer, the superintendent shall be appointed as the liquidator or rehabilitator, pursuant to chapter 57. If a foreign or alien member insurer is subject to a liquidation proceeding in its domiciliary jurisdiction or state of entry other than this State, the superintendent may be appointed conservator or an ancillary receiver.   [PL 1983, c. 846 (NEW).]
[PL 2005, c. 346, §8 (AMD); PL 2005, c. 346, §16 (AFF).]
2.  Suspension or revocation of certificate of authority.
The superintendent may suspend or revoke, after notice and hearing, the certificate of authority to transact business in this State of any member insurer that fails to pay an assessment when due or fails to comply with the plan of operation. In lieu of such suspension or revocation, any member insurer that fails to pay an assessment when due or fails to comply with the plan of operation may be punished by a fine not to exceed the greater of 5% of the unpaid assessment per month or $100 per month.
[PL 2017, c. 382, §26 (AMD).]
3.  Appeal of actions of board of directors or association.
Any final action of the board of directors or the association may be appealed to the superintendent by any member insurer if such appeal is taken within 30 days of the action being appealed. Any final action or order of the superintendent is subject to judicial review pursuant to chapter 3.
[PL 2005, c. 346, §9 (AMD); PL 2005, c. 346, §16 (AFF).]
4.  Notification of interested persons.
The liquidator, rehabilitator or conservator of any impaired insurer may notify all interested persons of the effect of this chapter.
[PL 1983, c. 846 (NEW).]
SECTION HISTORY
PL 1983, c. 846 (NEW). PL 2005, c. 346, §§8,9 (AMD). PL 2005, c. 346, §16 (AFF). PL 2017, c. 382, §26 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 62: MAINE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION › 24-A §4612. Prevention of impairments (REPEALED)

§4612. Prevention of impairments
(REPEALED)
SECTION HISTORY
PL 1983, c. 846 (NEW). PL 2005, c. 346, §10 (RP). PL 2005, c. 346, §16 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 62: MAINE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION › 24-A §4613. Appointment of association nominee

§4613. Appointment of association nominee
The association may recommend a natural person to serve as a special deputy to act for the superintendent and under the superintendent's supervision in the liquidation, rehabilitation or conservation of any member insurer.   [RR 2021, c. 1, Pt. B, §392 (COR).]
SECTION HISTORY
PL 1983, c. 846 (NEW). RR 2021, c. 1, Pt. B, §392 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 62: MAINE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION › 24-A §4615. Examination of the association; annual report

§4615. Examination of the association; annual report
The association shall be subject to examination and regulation by the superintendent. The board of directors shall submit to the superintendent, not later than May 1st of each year, a financial report for the preceding calendar year in a form approved by the superintendent and a report of its activities during the preceding calendar year.   [PL 1983, c. 846 (NEW).]
SECTION HISTORY
PL 1983, c. 846 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 62: MAINE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION › 24-A §4616. Tax exemptions

§4616. Tax exemptions
The association shall be exempt from payment of all fees and all taxes levied by this State or any of its subdivisions, except taxes levied on real or personal property.   [PL 1983, c. 846 (NEW).]
SECTION HISTORY
PL 1983, c. 846 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 62: MAINE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION › 24-A §4617. Immunity

§4617. Immunity
There is no liability on the part of and no cause of action of any nature may arise against any member insurer or its agents or employees, the association or its agents or employees, the board of directors or any member of the board or the superintendent or the superintendent's representatives, for any act or omission by them in the performance of their powers and duties under this chapter. Immunity extends to the participation in any organization of one or more other state associations of similar purposes and to any such organization and its agents or employees.   [PL 2005, c. 346, §12 (AMD); PL 2005, c. 346, §16 (AFF).]
SECTION HISTORY
PL 1983, c. 846 (NEW). PL 2005, c. 346, §12 (AMD). PL 2005, c. 346, §16 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 62: MAINE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION › 24-A §4618. Stay of proceedings; reopening default judgments

§4618. Stay of proceedings; reopening default judgments
All proceedings in which the impaired insurer is a party in any court in this State shall be stayed 60 days from the date an order of liquidation, rehabilitation or conservation is final to permit proper legal action by the association on any matters germane to its powers or duties. As to a judgment under any decision, order, verdict or finding based on default, the association may apply to have the judgment set aside by the same court that made the judgment and shall be permitted to defend against the suit on the merits.   [PL 1983, c. 846 (NEW).]
SECTION HISTORY
PL 1983, c. 846 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 62: MAINE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION › 24-A §4619. Report to Legislature (REPEALED)

§4619. Report to Legislature
(REPEALED)
SECTION HISTORY
PL 1989, c. 751, §13 (NEW). PL 2005, c. 346, §13 (RP). PL 2005, c. 346, §16 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 62: MAINE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION › 24-A §4620. Prohibited advertisement of association in insurance sales

§4620. Prohibited advertisement of association in insurance sales
A person, including a member insurer or an agent or affiliate of a member insurer, may not make, publish, disseminate, circulate or place before the public or cause directly or indirectly to be made, published, disseminated, circulated or placed before the public in any newspaper, magazine or publication or in the form of a notice, circular, pamphlet, letter or poster or over any radio station or television station or in any other way any advertisement, announcement or statement, written or oral, that uses the existence of the association for the purpose of sales, solicitation or inducement to purchases of any form of insurance covered by this chapter. This section does not apply to the Maine Life and Health Insurance Guaranty Association or any other entity that does not sell or solicit insurance or health maintenance organization coverage.   [PL 2017, c. 382, §29 (AMD).]
SECTION HISTORY
PL 2005, c. 346, §14 (NEW). PL 2005, c. 346, §16 (AFF). PL 2017, c. 382, §29 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 62: MAINE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION › 24-A §4621. Credits for assessments paid; tax offsets

§4621. Credits for assessments paid; tax offsets
1.  Credit allowed.
A member insurer may offset against its premium tax liability to this State an assessment described in section 4609, subsection 2‑A, paragraph B and for which a certificate under section 4609, subsection 9 is issued, to the extent of 20% of the amount of the assessment for each of the 5 calendar years following the year in which the assessment was paid. In the event a member insurer ceases doing business, all uncredited assessments may be credited against its premium tax liability for the year it ceases doing business.
[PL 2005, c. 346, §14 (NEW); PL 2005, c. 346, §16 (AFF).]
2.  Refunds.
Any sums that are acquired by refund, pursuant to section 4609, subsection 6, from the association by member insurers, and that have been offset against premium taxes as provided in subsection 1, must be recaptured in such manner as required by the State Tax Assessor under Title 36. The association shall notify the superintendent and the State Tax Assessor that refunds have been made. The association also shall provide the State Tax Assessor with a list of all members who were issued refunds and the dates and amounts of such refunds.
[PL 2005, c. 346, §14 (NEW); PL 2005, c. 346, §16 (AFF).]
2-A.  Insurers not subject to premium tax.
A member insurer that is not subject to premium taxation may take the credit allowed under subsection 1 against its income tax liability to this State. A member insurer that is exempt from both premium taxation and income taxation in this State may recoup its assessments by a surcharge on its premiums in an amount reasonably calculated to recoup the assessments over a reasonable period of time, as approved by the superintendent. Amounts recouped are not considered premiums for any other purpose, including medical loss ratio calculations and premium-based assessments. If a member insurer collects excess surcharges, the insurer shall remit the excess amount to the association, and the excess amount must be applied to reduce future assessments in the appropriate account.
[PL 2017, c. 382, §30 (NEW).]
3.  Application.
This section applies to assessments paid to the association by a member insurer on or after January 1, 2005.
[PL 2005, c. 346, §14 (NEW); PL 2005, c. 346, §16 (AFF).]
SECTION HISTORY
PL 2005, c. 346, §14 (NEW). PL 2005, c. 346, §16 (AFF). PL 2017, c. 382, §30 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 63: ROAD OR TOURIST SERVICE (REPEALED) › 24-A §4701. Licensed companies only (REPEALED)

§4701. Licensed companies only
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1997, c. 457, §52 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 63: ROAD OR TOURIST SERVICE (REPEALED) › 24-A §4702. Licenses; fee (REPEALED)

§4702. Licenses; fee
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1975, c. 767, §22 (AMD). PL 1997, c. 457, §52 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 63: ROAD OR TOURIST SERVICE (REPEALED) › 24-A §4703. Agents (REPEALED)

§4703. Agents
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1997, c. 457, §52 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 63: ROAD OR TOURIST SERVICE (REPEALED) › 24-A §4704. Agent's license; fee (REPEALED)

§4704. Agent's license; fee
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1975, c. 767, §23 (AMD). PL 1997, c. 457, §52 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 63: ROAD OR TOURIST SERVICE (REPEALED) › 24-A §4705. Petition for revocation (REPEALED)

§4705. Petition for revocation
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1977, c. 694, §439 (RPR). PL 1997, c. 457, §52 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 63: ROAD OR TOURIST SERVICE (REPEALED) › 24-A §4706. Penalties (REPEALED)

§4706. Penalties
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1997, c. 457, §52 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 65: STRIKES OF INSURANCE AGENTS › 24-A §4751. Life, noncancellable health, hospital expense and hospital and surgical expense insurance contracts; default in payment of premium during strike of insurance agents

§4751. Life, noncancellable health, hospital expense and hospital and surgical expense insurance contracts; default in payment of premium during strike of insurance agents
1.  Default.
No contract of life, noncancellable health, hospital expense or hospital and surgical expense, insurance which goes into effect in this State on or after the 30th day after January 2, 1970 shall lapse during any 30-day period immediately following the inception of a strike by reason of any default in the payment of any premium during a strike of insurance agents employed by an insurer authorized to transact business in this State, if
A. The collection of the contract premium was, at commencement of the strike, a duty, charge or obligation of any of such agents, according to the records, books, instructions, practice or organization of the insurer, and   [PL 1969, c. 374 (NEW).]
B. Such agents are represented for purposes of collective bargaining by a labor organization which has been so recognized or certified or has been a party to any collective bargaining agreement with the insurer.   [PL 1969, c. 374 (NEW).]
[PL 1969, c. 374 (NEW).]
2.  Definitions.
For the purpose of this section:
A. Lapse. "Lapse" shall mean lapse, be terminated or in any way modified or qualified as to the obligations of the insurer and the right of the insured.   [PL 1969, c. 374 (NEW).]
B. Premium. "Premium" shall mean premium, interest, assessment or any other payment or charge for or in connection with the insurance which would be due to the insurer under the insurance contract during the strike of agents, except for the operation of this section.   [PL 1969, c. 374 (NEW).]
C. Strike. "Strike" shall mean strike or other concerted stoppage of work by employees, including a stoppage by reason of the expiration of a collective bargaining agreement, so long as any of the foregoing is authorized by the labor organization according to the labor organization's own interpretation and application of its applicable internal rules and procedures.   [PL 1969, c. 374 (NEW).]
[PL 1969, c. 374 (NEW).]
3.  Claims.
If a claim under any insurance contract covered by this section arises during a 30-day period immediately following the inception of a strike, the insurer may deduct from any amounts payable on account of the claim any premiums which are thus in default.
[PL 1969, c. 374 (NEW).]
4.  Notice.
Within 10 days from the inception of a strike, notice of same containing instructions to make payment of premiums by mail shall be mailed to each affected insured by the insurer.
[PL 1969, c. 374 (NEW).]
SECTION HISTORY
PL 1969, c. 374 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 67: MEDICARE SUPPLEMENT INSURANCE POLICIES › 24-A §5001. Definitions

§5001. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1981, c. 234, §4 (NEW).]
1.  Applicant.
"Applicant" means:
A. In the case of an individual Medicare supplement policy, the person who seeks to contract for insurance benefits; and   [PL 1991, c. 740, §1 (AMD).]
B. In the case of a group Medicare supplement policy, the proposed certificate holder.   [PL 1991, c. 740, §1 (AMD).]
[PL 1991, c. 740, §1 (AMD).]
2.  Certificate.
"Certificate" means any certificate delivered or issued for delivery in this State under a group Medicare supplement policy.
[PL 1991, c. 740, §1 (AMD).]
2-A.  Certificate form.
"Certificate form" means the form on which the certificate is delivered or issued for delivery by the issuer.
[PL 1991, c. 740, §1 (NEW).]
2-B.  Issuer.
"Issuer" includes insurance companies, fraternal benefit societies, health care service plans, health maintenance organizations and any other entity delivering or issuing for delivery in this State Medicare supplement policies or certificates.
[PL 1991, c. 740, §1 (NEW).]
3.  Medicare.
"Medicare" means the "Health Insurance for the Aged Act," Title XVIII of the Social Security Amendments of 1965, as amended.
[PL 1991, c. 740, §1 (AMD).]
4.  Medicare supplement policy.
"Medicare supplement policy" means a group or individual policy of accident and sickness insurance or a subscriber contract of a nonprofit hospital or medical service organization or nonprofit health care plan or health maintenance organization other than a policy issued pursuant to a contract under the federal Social Security Act, 42 United States Code, Section 1395, et seq. or Section 1876 or an issued policy under a demonstration project specified in the 42 United States Code, Section 1395ss(g)(1), which is advertised, marketed or designed primarily as a supplement to reimbursements under Medicare for the hospital, medical or surgical expenses of persons eligible for Medicare.
A.   [PL 1991, c. 740, §1 (RP).]
B.   [PL 1991, c. 740, §1 (RP).]
C.   [PL 1991, c. 740, §1 (RP).]
[PL 1995, c. 332, Pt. E, §1 (AMD).]
4-A.  Policy form.
"Policy form" means the form on which the policy is delivered or issued for delivery by the issuer.
[PL 1991, c. 740, §1 (NEW).]
4-B.  Open enrollment period.
"Open enrollment period" means the 6-month period beginning when an individual of any age first enrolls for benefits under Medicare Part B and the 6-month period beginning on the 65th birthday of an individual who has enrolled for benefits under Medicare Part B before turning 65 years of age.
[PL 2001, c. 258, Pt. F, §1 (NEW).]
5.  Superintendent.
"Superintendent" means the Superintendent of Insurance.
[PL 1981, c. 234, §4 (NEW).]
SECTION HISTORY
PL 1981, c. 234, §4 (NEW). PL 1991, c. 740, §1 (AMD). PL 1993, c. 154, §1 (AMD). PL 1995, c. 332, §E1 (AMD). PL 2001, c. 258, §F1 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 67: MEDICARE SUPPLEMENT INSURANCE POLICIES › 24-A §5001-A. Applicability and scope

§5001-A. Applicability and scope
1.  Application.
Except as otherwise specifically provided in section 5013, this chapter applies to:
A. All Medicare supplement policies delivered or issued for delivery in this State on or after the effective date of this section; and   [PL 1991, c. 740, §2 (NEW).]
B. All certificates issued under group Medicare supplement policies, which certificates have been delivered or issued for delivery in this State.   [PL 1991, c. 740, §2 (NEW).]
[PL 1995, c. 332, Pt. E, §2 (AMD).]
2.  Employers or labor organizations.
This chapter does not apply to a policy of one or more employers or labor organizations, or of the trustees of a fund established by one or more employers or labor organizations, or combination thereof, for employees or former employees or a combination thereof, or for members or former members, or a combination thereof, of the labor organizations.
[PL 1991, c. 740, §2 (NEW).]
3.  Plans not marketed as Medicare supplements.
Except as otherwise provided in section 5005, subsection 3‑A, the provisions of this chapter are not intended to prohibit or apply to insurance policies or health care benefit plans, including group conversion policies, provided to Medicare eligible persons that are not marketed or held to be Medicare supplement policies or benefit plans.
[PL 1995, c. 332, Pt. E, §2 (AMD).]
SECTION HISTORY
PL 1991, c. 740, §2 (NEW). PL 1995, c. 332, §E2 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 67: MEDICARE SUPPLEMENT INSURANCE POLICIES › 24-A §5002. Standards for policy provisions (REPEALED)

§5002. Standards for policy provisions
(REPEALED)
SECTION HISTORY
PL 1981, c. 234, §4 (NEW). PL 1989, c. 27, §3 (AMD). PL 1991, c. 24, §1 (AMD). PL 1991, c. 48, §3 (AMD). PL 1991, c. 740, §3 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 67: MEDICARE SUPPLEMENT INSURANCE POLICIES › 24-A §5002-B. Continuity of coverage

§5002-B. Continuity of coverage
1.  Persons provided continuity of coverage.
This section provides continuity of coverage for a person who has a Medicare supplement policy and seeks coverage under a new Medicare supplement policy with the same or lesser benefits if:
A. That person, including a person entitled to Medicare benefits due to disability, has been covered under a policy that supplemented benefits under Medicare or has been covered under a Medicare Advantage plan with no gap in coverage greater than 90 days beginning with the person's open enrollment period. A policy supplementing benefits payable under Medicare may include an individual health policy, a group health plan, a Medicare supplement policy or other coverage issued by the same or a different carrier.   [PL 2009, c. 244, Pt. A, §1 (AMD).]
B.   [PL 2003, c. 157, §1 (RP).]
C.   [PL 2003, c. 157, §1 (RP).]
[PL 2009, c. 244, Pt. A, §1 (AMD).]
2.  Prohibition against discontinuity.
The insurer shall, for any person described in subsection 1, waive any medical underwriting or preexisting conditions exclusion to the extent that benefits would have been payable under the prior Medicare supplement policy and any earlier Medicare supplement policy if those policies were still in effect. This subsection does not require the succeeding insurer to pay any benefits that are not within the terms of coverage of the succeeding policy solely because they would have been paid by the prior policy.
[PL 2003, c. 157, §1 (AMD).]
2-A.  Low-cost drugs for the elderly or disabled program.
[PL 2013, c. 94, §1 (RP).]
3.  Determination of benefits.
When a determination of benefits under the prior policy is required, the issuer of the prior policy shall, at the request of the issuer of the succeeding policy, furnish a statement of benefits available or pertinent information sufficient to permit verification of the benefit determination or the determination itself by the issuer of the succeeding policy. For purposes of this section, benefits of the prior policy are determined in accordance with the definitions, conditions and covered expense provisions of that policy rather than those of the succeeding policy. The benefit determination must be made as if coverage had not been replaced.
[PL 1999, c. 36, §4 (NEW).]
4.  Rulemaking.
The superintendent shall adopt rules concerning guaranteed issuance and continuity of Medicare supplement policies for certain eligible persons. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A.
[PL 1999, c. 36, §4 (NEW).]
SECTION HISTORY
PL 1999, c. 36, §4 (NEW). PL 2001, c. 410, Pt. B, §7 (AMD). PL 2003, c. 157, §1 (AMD). PL 2005, c. 401, Pt. C, §7 (AMD). PL 2009, c. 244, Pt. A, §1 (AMD). PL 2013, c. 94, §1 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 67: MEDICARE SUPPLEMENT INSURANCE POLICIES › 24-A §5003. Minimum standards for benefits (REPEALED)

§5003. Minimum standards for benefits
(REPEALED)
SECTION HISTORY
PL 1981, c. 234, §4 (NEW). PL 1989, c. 852, §1 (AMD). PL 1991, c. 740, §5 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 67: MEDICARE SUPPLEMENT INSURANCE POLICIES › 24-A §5004. Loss ratio standards

§5004. Loss ratio standards
1.
Any Medicare supplement policy or contract is subject to the minimum loss ratio standards of section 2413, subsection 1, paragraph F, as well as any other laws of this State as apply to rate filings with respect to health insurance and nonprofit hospital and medical service organizations and nonprofit health care plan contracts.
[PL 1989, c. 27, §4 (NEW).]
2.
Medicare supplement policies must return to policyholders benefits that are reasonable in relation to the premium charged. The superintendent shall issue reasonable rules to establish minimum standards for loss ratios of Medicare supplement policies on the basis of incurred claims experience, or incurred health care expenses where coverage is provided by a health maintenance organization on a service rather than reimbursement basis, and earned premiums in accordance with accepted actuarial principles and practices.
[PL 2001, c. 258, Pt. F, §2 (AMD).]
3.
[PL 1989, c. 852, §2 (RP); PL 1989, c. 852, §3 (AFF).]
SECTION HISTORY
PL 1981, c. 234, §4 (NEW). PL 1989, c. 27, §4 (RPR). PL 1989, c. 852, §§2,3 (AMD). PL 1991, c. 740, §6 (AMD). PL 2001, c. 258, §F2 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 67: MEDICARE SUPPLEMENT INSURANCE POLICIES › 24-A §5006. Preexisting conditions (REPEALED)

§5006. Preexisting conditions
(REPEALED)
SECTION HISTORY
PL 1981, c. 234, §4 (NEW). PL 1991, c. 740, §8 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 67: MEDICARE SUPPLEMENT INSURANCE POLICIES › 24-A §5006-A. Filing requirements for advertising

§5006-A. Filing requirements for advertising
Every issuer of Medicare supplement insurance policies or certificates in this State shall provide a copy of any Medicare supplement advertisement intended for use in this State, whether through written, radio or television medium, to the superintendent for review or approval by the superintendent at least 30 days prior to the date the advertisement will be used in this State.   [PL 1991, c. 740, §9 (NEW).]
SECTION HISTORY
PL 1991, c. 740, §9 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 67: MEDICARE SUPPLEMENT INSURANCE POLICIES › 24-A §5007. Notice of free examination

§5007. Notice of free examination
Medicare supplement policies and certificates must have a notice prominently printed on the first page of the policy or certificate or attached to the policy or certificate, stating in substance that the applicant has the right to return the policy or certificate within 30 days of its delivery and to have the premium refunded if, after examination of the policy or certificate, the applicant is not satisfied for any reason. Any refund made pursuant to this section must be paid directly to the applicant by the issuer in a timely manner.   [PL 1991, c. 740, §10 (AMD).]
SECTION HISTORY
PL 1981, c. 605 (NEW). PL 1989, c. 27, §5 (AMD). PL 1991, c. 740, §10 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 67: MEDICARE SUPPLEMENT INSURANCE POLICIES › 24-A §5008. Minimum standards for benefits and claims payment (REPEALED)

§5008. Minimum standards for benefits and claims payment
(REPEALED)
SECTION HISTORY
PL 1989, c. 27, §6 (NEW). PL 1991, c. 740, §11 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 67: MEDICARE SUPPLEMENT INSURANCE POLICIES › 24-A §5009. Filing requirements for advertising (REPEALED)

§5009. Filing requirements for advertising
(REPEALED)
SECTION HISTORY
PL 1989, c. 27, §6 (NEW). PL 1991, c. 740, §12 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 67: MEDICARE SUPPLEMENT INSURANCE POLICIES › 24-A §5010. Replacement of policies issued prior to January 1, 1992

§5010. Replacement of policies issued prior to January 1, 1992
1.  Applicability.
This section applies to individual policies and group certificates and policies issued in Maine or covering Maine residents.
[PL 1991, c. 740, §13 (NEW).]
2.  Insured's right to replace coverage.
Insureds under Medicare supplement policies issued prior to January 1, 1992 shall be permitted at any time to replace their coverage with any of the standardized plans offered by the same insurer, subject to the following conditions.
A. The issuer may decline to issue a particular standardized plan to an existing insured if:
(1) The standardized plan includes coverage of prescription drugs greater than that in the plan being replaced; and
(2) The insured does not otherwise qualify for the standardized plan.   [PL 1991, c. 740, §13 (NEW).]
B. If the standardized plan is rated on the basis of age at issue, the issuer shall use the insured's age at the time of issue of the prior policy.   [PL 1991, c. 740, §13 (NEW).]
C. The issuer shall provide at each policy anniversary, and at the time of any rate increase, a notice describing the standardized plans which are available and the rates for those plans.   [PL 1991, c. 740, §13 (NEW).]
[PL 1993, c. 154, §3 (AMD).]
3.  Mandatory replacement.
Prior to October 1, 1992, all issuers shall submit to the superintendent a copy of each Medicare supplement policy form for which policies issued prior to January 1, 1992 are in force in Maine and a list of standardized plans offered on the effective date of this section. The issuer shall designate the standardized plan, if any, that has substantially similar benefits to the policy issued prior to January 1, 1992. For any of the policies that the superintendent determines are substantially similar to one of the offered standardized plans, the issuer shall replace the policy with the similar standardized plan or, at the option of the insured, one of the other standardized plans selected by the insured pursuant to subsection 2, on or before the first policy anniversary after June 30, 1993.
[PL 1993, c. 154, §3 (AMD).]
SECTION HISTORY
PL 1991, c. 740, §13 (NEW). PL 1993, c. 154, §3 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 67: MEDICARE SUPPLEMENT INSURANCE POLICIES › 24-A §5010-A. Coverage of the disabled

§5010-A. Coverage of the disabled
An issuer offering coverage under a Medicare supplement policy in this State shall offer coverage under its standardized plans to all individuals, regardless of age, who are entitled to Medicare benefits due to disability. An issuer shall offer such coverage during an individual's open enrollment period under any of the policies offered by the issuer to persons eligible for Medicare benefits due to age. An issuer shall also offer standardized Medicare Supplement Plan A to persons entitled to Medicare benefits due to disability during the guaranteed issue period as set forth in section 5012. An individual who is entitled to Medicare benefits due to disability must be provided continuity of coverage in accordance with section 5002‑B. Issuers shall give notice of Medicare supplement coverage to individuals enrolled in Medicare in advertising of Medicare supplement policies intended for use in this State. By January 1, 1994, the superintendent shall establish rules to ensure that the notice of the availability of coverage for the disabled is sufficiently advertised.   [PL 2003, c. 157, §2 (AMD).]
SECTION HISTORY
PL 1993, c. 304, §1 (NEW). PL 1993, c. 547, §5 (AMD). PL 2003, c. 157, §2 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 67: MEDICARE SUPPLEMENT INSURANCE POLICIES › 24-A §5011. Rating restrictions

§5011. Rating restrictions
1.  Community rating.
This subsection applies to any policy delivered or issued for delivery on or after January 1, 1993. It also applies, as of the first policy or certificate anniversary on or after January 1, 1993, to policies or certificates delivered or issued for delivery in 1992.
A. Rates for policies subject to this subsection may not vary based on age, gender, health status, claims experience, policy duration, industry or occupation.   [PL 1991, c. 740, §13 (NEW).]
B. In revising rates for standardized plans, an issuer shall pool all experience for standardized plans under individual policies. Experience may be pooled separately for each standardized plan or experience for similar benefits in different standardized plans may be pooled, including, but not limited to, basing the component of the rate for skilled nursing coinsurance on the pooled experience of all standardized plans that include that benefit. Group plans may be rated separately. A group with credible experience may be rated differently than other groups.   [PL 2001, c. 258, Pt. F, §4 (AMD).]
C. An issuer that offers both group and individual plans may not use stricter medical underwriting standards for any group plan than it uses for individual plans.   [PL 2001, c. 258, Pt. F, §5 (NEW).]
D. An issuer may not use stricter medical underwriting standards than any affiliated issuer uses for its individual plans.   [PL 2001, c. 258, Pt. F, §5 (NEW).]
[PL 2001, c. 258, Pt. F, §§4, 5 (AMD).]
2.  Discounts.
Issuers that do not vary rates for a standardized plan based on age, gender, health status, claims experience, policy duration, industry or occupation, and that do not refuse issue of that plan to any individual or group based on health status, may provide discounts on that plan to individuals who purchase coverage during their initial period of enrollment in Medicare Part B at or after 65 years of age, subject to approval by the superintendent. The superintendent may adopt rules governing the appropriate use of discounts.
[PL 2003, c. 428, Pt. H, §7 (AMD).]
SECTION HISTORY
PL 1991, c. 740, §13 (NEW). PL 2001, c. 258, §§F4,5 (AMD). PL 2003, c. 428, §H7 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 67: MEDICARE SUPPLEMENT INSURANCE POLICIES › 24-A §5012. Annual guaranteed issue period

§5012. Annual guaranteed issue period
During a guaranteed issue period of at least one month each calendar year, as established by the issuer, every issuer shall offer standardized Medicare Supplement Plan A, as defined by rule, to all applicants on a basis that does not deny coverage to any individual or group based on health status, claims experience, receipt of health care, or medical condition.   [PL 1991, c. 740, §13 (NEW).]
SECTION HISTORY
PL 1991, c. 740, §13 (NEW).