reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 83: CAPTIVE INSURANCE COMPANIES › 24-A §6719. Laws applicable

§6719. Laws applicable
An insurance law of this State, other than described or referenced in this chapter, does not apply to a captive insurance company. This exclusion must be strictly construed so as to further the public policy in favor of providing alternative means for providing insurance coverage.   [PL 2011, c. 90, Pt. I, §8 (AMD).]
SECTION HISTORY
PL 1997, c. 435, §1 (NEW). PL 2011, c. 90, Pt. I, §8 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 83: CAPTIVE INSURANCE COMPANIES › 24-A §6720. Fees, taxes and assessments

§6720. Fees, taxes and assessments
Except as otherwise specified in this chapter, all fees, taxes and assessments as set out in sections 237, 601 and 602 apply to captive insurers in the same manner as they apply to other insurers.   [PL 1997, c. 435, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 435, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 83: CAPTIVE INSURANCE COMPANIES › 24-A §6721. Rules for controlled unaffiliated business

§6721. Rules for controlled unaffiliated business
The superintendent may adopt rules establishing standards to ensure that a parent or affiliated company is able to exercise control of the risk management function of any controlled unaffiliated business to be insured by a pure captive insurance company. In the absence of any rules, the superintendent may approve the coverage of such risks by a pure captive insurance company upon request. Any rules adopted by the superintendent pursuant to this section are routine technical rules as described in Title 5, chapter 375, subchapter 2‑A.   [PL 2009, c. 335, §21 (NEW).]
SECTION HISTORY
PL 2009, c. 335, §21 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 85: VIATICAL AND LIFE SETTLEMENTS ACT › 24-A §6801. Short title

§6801. Short title
This chapter may be known and cited as the "Viatical and Life Settlements Act."   [PL 2003, c. 636, §3 (AMD).]
SECTION HISTORY
PL 1997, c. 430, §1 (NEW). PL 1997, c. 430, §2 (AFF). PL 2003, c. 636, §3 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 85: VIATICAL AND LIFE SETTLEMENTS ACT › 24-A §6802. Definitions (REPEALED)

§6802. Definitions
(REPEALED)
SECTION HISTORY
PL 1997, c. 430, §1 (NEW). PL 1997, c. 430, §2 (AFF). PL 2003, c. 636, §4 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 85: VIATICAL AND LIFE SETTLEMENTS ACT › 24-A §6803-A. Fiduciary obligation of settlement producer

§6803-A. Fiduciary obligation of settlement producer
Irrespective of the manner in which the settlement producer is compensated, a settlement producer may represent only the interests of the viator and owes a fiduciary duty to the viator.   [PL 2009, c. 376, §6 (NEW).]
SECTION HISTORY
PL 2009, c. 376, §6 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 85: VIATICAL AND LIFE SETTLEMENTS ACT › 24-A §6805. Approval of settlements contracts; disclosure statements and applications

§6805. Approval of settlements contracts; disclosure statements and applications
A settlement contract must be in writing and signed by all parties to the contract. A person may not use any contract, disclosure statement or application form with a viator who is a resident of this State unless it has been filed with and approved by the superintendent, pursuant to sections 2412 and 2413. The superintendent shall disapprove a settlement contract form or disclosure statement form if, in the superintendent's opinion, the contract or provisions contained therein are unreasonable, contrary to the interests of the public or otherwise misleading or unfair to the viator. All such forms must be approved or denied by the superintendent within 60 calendar days following receipt of submission by the superintendent.   [PL 2009, c. 376, §7 (AMD).]
SECTION HISTORY
PL 1997, c. 430, §1 (NEW). PL 1997, c. 430, §2 (AFF). PL 2003, c. 636, §8 (AMD). PL 2009, c. 376, §7 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 85: VIATICAL AND LIFE SETTLEMENTS ACT › 24-A §6810. Rules

§6810. Rules
The superintendent may adopt rules implementing this chapter. These rules are routine technical rules under Title 5, chapter 375, subchapter 2‑A. Rules may be adopted to:   [PL 2003, c. 636, §13 (AMD).]
1.  Standards for evaluating reasonableness of payments.
Establish standards for evaluating the reasonableness of payments to viators under a settlement contract only when the insured in the policy that is the subject of a settlement contract is terminally ill or chronically ill. This authority includes, but is not limited to, regulation of discount rates used to determine the amount paid in exchange for assignment, transfer, sale, devise or bequest of a benefit under a life insurance policy;
[PL 2003, c. 636, §13 (NEW).]
2.  Licensing requirements and standards.
Establish appropriate licensing requirements and standards for continued licensure for settlement providers;
[PL 2003, c. 636, §13 (NEW).]
3.  Mechanism for financial accountability.
Require a bond or other mechanism for financial accountability for settlement providers;
[PL 2003, c. 636, §13 (NEW).]
4.  Govern relationship and responsibilities.
Govern the relationship and responsibilities of both insurers and settlement providers and settlement producers and others in the business of settlement during the period of consideration or effectuation of a settlement contract; and
[PL 2003, c. 636, §13 (NEW).]
5.  Implement other requirements.
Implement any other requirements of this chapter.
[PL 2003, c. 636, §13 (NEW).]
SECTION HISTORY
PL 1997, c. 430, §1 (NEW). PL 1997, c. 430, §2 (AFF). PL 2003, c. 636, §13 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 85: VIATICAL AND LIFE SETTLEMENTS ACT › 24-A §6812-A. Inquiries and optional disclosures by life insurers

§6812-A. Inquiries and optional disclosures by life insurers
1.  Permitted inquiries regarding premium financing.
In addition to any other information a life insurer may lawfully request in an application for insurance, the insurer may ask whether the proposed owner intends to pay premiums with the assistance of financing from a lender that will use the policy as collateral to support the financing, and if so, whether:
A. The applicant has entered into any agreement or arrangement providing for the future sale of this life insurance policy;   [PL 2009, c. 376, §15 (NEW).]
B. The loan arrangement for the policy provides funds sufficient to pay for some or all of the premiums, costs and expenses associated with obtaining and maintaining the applicant's life insurance policy;   [PL 2009, c. 376, §15 (NEW).]
C. The applicant has entered into any agreement by which the applicant is to receive consideration in exchange for procuring the policy; and   [PL 2009, c. 376, §15 (NEW).]
D. The borrower has an insurable interest in the insured.   [PL 2009, c. 376, §15 (NEW).]
[PL 2009, c. 376, §15 (NEW).]
2.  Prohibited transactions.
If the information obtained by the life insurer demonstrates that the loan provides funds that can be used for a purpose other than paying for the premiums, costs and expenses associated with obtaining and maintaining the life insurance policy and loan or that the transaction otherwise violates this chapter, the insurer shall reject the application.
[PL 2009, c. 376, §15 (NEW).]
3.  Optional disclosures by the life insurer.
The insurer may make disclosures to the applicant, the insured and other affected persons, either on the application, an amendment to the application or a separate document, in the following form:
"If you have entered into a loan arrangement in which the policy is used as collateral and the policy does change ownership at some point in the future in satisfaction of the loan, the following may be true:
A. A change of ownership could lead to a stranger owning an interest in the insured's life;   [PL 2009, c. 376, §15 (NEW).]
B. Your ability to purchase future insurance on the insured’s life could be limited because there is a limit to how much coverage insurers will issue on one life;   [PL 2009, c. 376, §15 (NEW).]
C. Should there be a change of ownership and should you wish to obtain more insurance coverage on the insured’s life in the future, the insured’s higher issue age, a change in health status or other factors may reduce the ability to obtain coverage or may result in significantly higher premiums; and   [PL 2009, c. 376, §15 (NEW).]
D. You should consult a professional advisor because a change in ownership in satisfaction of the loan may result in tax consequences to the owner, depending on the structure of the loan."   [PL 2009, c. 376, §15 (NEW).]
[PL 2009, c. 376, §15 (NEW).]
SECTION HISTORY
PL 2009, c. 376, §15 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 85: VIATICAL AND LIFE SETTLEMENTS ACT › 24-A §6813. Financing (REPEALED)

§6813. Financing
(REPEALED)
SECTION HISTORY
PL 1997, c. 430, §1 (NEW). PL 1997, c. 430, §2 (AFF). PL 2003, c. 636, §14 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 85: VIATICAL AND LIFE SETTLEMENTS ACT › 24-A §6814. Unfair trade practices

§6814. Unfair trade practices
A violation of this chapter is an unfair trade practice under Title 5, chapter 10 and subject to the penalties contained in that chapter.   [PL 1997, c. 430, §1 (NEW); PL 1997, c. 430, §2 (AFF).]
SECTION HISTORY
PL 1997, c. 430, §1 (NEW). PL 1997, c. 430, §2 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 85: VIATICAL AND LIFE SETTLEMENTS ACT › 24-A §6815. Assignment or resale of policies

§6815. Assignment or resale of policies
1.  Prohibited transfers.
A settlement provider may not sell, assign, transfer or pledge a policy acquired pursuant to a settlement contract except to a licensed settlement provider or a person exempt from licensing under section 6803.
[PL 2003, c. 636, §15 (AMD).]
2.  Securities registration.
Any sale by a settlement provider of settlement contracts, policies acquired pursuant to settlement contracts or interests therein that constitute a "security" within the meaning of the United States Securities Act of 1933, as amended, or the Maine Uniform Securities Act, as amended, must be registered under those statutes unless there is an available exemption from registration under those statutes.
[PL 2005, c. 65, Pt. C, §14 (AMD).]
SECTION HISTORY
PL 1997, c. 430, §1 (NEW). PL 1997, c. 430, §2 (AFF). PL 2003, c. 636, §15 (AMD). PL 2005, c. 65, §C14 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 85: VIATICAL AND LIFE SETTLEMENTS ACT › 24-A §6815-A. Regulatory requirements under Maine Uniform Securities Act

§6815-A. Regulatory requirements under Maine Uniform Securities Act
This chapter does not preempt the regulatory requirements set forth in the Maine Uniform Securities Act, as amended, including but not limited to the regulation of securities transactions in settlement contracts or viatical settlement contracts and the licensing of any person or entity engaged in the sale of securities.   [PL 2005, c. 65, Pt. C, §15 (AMD).]
SECTION HISTORY
PL 2003, c. 636, §16 (NEW). PL 2005, c. 65, §C15 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 85: VIATICAL AND LIFE SETTLEMENTS ACT › 24-A §6816. Permitted operations before formal approval (REPEALED)

§6816. Permitted operations before formal approval
(REPEALED)
SECTION HISTORY
PL 1997, c. 430, §1 (NEW). PL 1997, c. 430, §2 (AFF). PL 2003, c. 636, §17 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 85: VIATICAL AND LIFE SETTLEMENTS ACT › 24-A §6817. Advertising of settlements

§6817. Advertising of settlements
1.  Advertising for settlements.
Every settlement provider licensee shall establish and at all times maintain a system of control over the content, form and method of dissemination of all advertisements of its contracts, products and services. All advertisements, regardless of by whom written, created, designed or presented, are the responsibility of the settlement provider licensee, as well as the individual who created or presented the advertisement. A system of control must include providing regular routine notification, at least once a year, to agents and others authorized by the settlement licensee to disseminate advertisements; the notification must include the requirements and procedures for approval of any advertisements not furnished by the settlement provider licensee prior to the advertisements' use.
[PL 2003, c. 636, §18 (NEW).]
2.  Form and content.
Advertisements must be truthful and not misleading in fact or by implication. The form and content of an advertisement of a settlement contract must be sufficiently complete and clear so as to avoid deception. It may not have the capacity or tendency to mislead or deceive. Whether an advertisement has the capacity or tendency to mislead or deceive must be determined by the superintendent from the overall impression that the advertisement may be reasonably expected to create upon a person of average education or intelligence within the segment of the public to which it is directed.
[PL 2003, c. 636, §18 (NEW).]
3.  Standards for disclosure.
An advertisement must comply with standards for disclosure determined by rule by the superintendent.
[PL 2003, c. 636, §18 (NEW).]
4.  Applicability.
This section applies to any advertisement of settlement contracts or related products or services intended for dissemination in this State, including advertising on the Internet viewed by persons located in this State. If disclosure requirements are established pursuant to federal regulation, this section must be interpreted so as to minimize or eliminate conflict with federal regulation whenever possible.
[PL 2003, c. 636, §18 (NEW).]
SECTION HISTORY
PL 2003, c. 636, §18 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 85: VIATICAL AND LIFE SETTLEMENTS ACT › 24-A §6819. Civil remedies; individual remedy

§6819. Civil remedies; individual remedy
1.  Civil remedies and enforcement.
In addition to the penalties available pursuant to section 6814, the superintendent may assess fines or take any other enforcement action permitted under section 12‑A against any person who violates any provision of this chapter.
[PL 2003, c. 636, §18 (NEW).]
2.  Superior Court action.
Any person who is injured by any action of a person in violation of this chapter may bring an action in Superior Court. The requirements for notice and filing of a cause of action under this subsection are governed by the Maine Rules of Civil Procedure. The person may recover damages, together with costs and disbursements.
[PL 2003, c. 636, §18 (NEW).]
3.  No private right of action.
Except as specifically provided in subsection 2, this chapter provides no express or implied private right of action.
[PL 2003, c. 636, §18 (NEW).]
SECTION HISTORY
PL 2003, c. 636, §18 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 87: DIRIGO HEALTH › Subchapter 1: GENERAL PROVISIONS › 24-A §6901. Short title

§6901. Short title
This chapter may be known and cited as "the Dirigo Health Act."   [PL 2003, c. 469, Pt. A, §8 (NEW).]
SECTION HISTORY
PL 2003, c. 469, §A8 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 87: DIRIGO HEALTH › Subchapter 1: GENERAL PROVISIONS › 24-A §6902. Dirigo Health established; declaration of necessity

§6902. Dirigo Health established; declaration of necessity
Dirigo Health is established as an independent executive agency to arrange for the provision of comprehensive, affordable health care coverage to eligible small employers, including the self-employed, their employees and dependents, and individuals on a voluntary basis. Dirigo Health is also responsible for monitoring and improving the quality of health care in this State. The exercise by Dirigo Health of the powers conferred by this chapter must be deemed and held to be the performance of essential governmental functions.   [PL 2003, c. 469, Pt. A, §8 (NEW).]
SECTION HISTORY
PL 2003, c. 469, §A8 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 87: DIRIGO HEALTH › Subchapter 1: GENERAL PROVISIONS › 24-A §6905. Limitation on liability

§6905. Limitation on liability
1.  Indemnification of Dirigo Health employees.
An employee of Dirigo Health is not subject to any personal liability for having acted within the course and scope of membership or employment to carry out any power or duty under this chapter. Dirigo Health shall indemnify any member of the board and any employee of Dirigo Health against expenses actually and necessarily incurred by that member or employee in connection with the defense of any action or proceeding in which that member or employee is made a party by reason of past or present authority with Dirigo Health.
[PL 2007, c. 447, §5 (NEW).]
2.  Limitation on liability of board members.
The personal liability of a member of the board is governed by Title 18‑B, section 1010.
[PL 2007, c. 447, §5 (NEW).]
SECTION HISTORY
PL 2003, c. 469, §A8 (NEW). PL 2007, c. 447, §5 (RPR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 87: DIRIGO HEALTH › Subchapter 1: GENERAL PROVISIONS › 24-A §6906. Prohibited interests of board members and employees

§6906. Prohibited interests of board members and employees
Board members and employees of Dirigo Health and their spouses and dependent children may not receive any direct personal benefit from the activities of Dirigo Health in assisting any private entity, except that they may participate in the Dirigo Health Program on the same terms as others may under this chapter. This section does not prohibit corporations or other entities with which board members are associated by reason of ownership or employment from participating in activities of Dirigo Health or receiving services offered by Dirigo Health as long as the ownership or employment is made known to the board and, if applicable, the board members abstain from voting on matters relating to that participation.   [PL 2005, c. 400, Pt. C, §4 (AMD).]
SECTION HISTORY
PL 2003, c. 469, §A8 (NEW). PL 2005, c. 400, §C4 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 87: DIRIGO HEALTH › Subchapter 1: GENERAL PROVISIONS › 24-A §6907. Confidential records

§6907. Confidential records
Except as provided in subsections 1, 2 and 3, information obtained by Dirigo Health under this chapter is a public record within the meaning of Title 1, chapter 13, subchapter 1.   [PL 2005, c. 615, §2 (AMD).]
1.  Financial information.
Any personally identifiable financial information, supporting data or tax return of any person obtained by Dirigo Health under this chapter is confidential.
[PL 2023, c. 123, §5 (AMD).]
2.  Health information.
Health information obtained by Dirigo Health under this chapter that is covered by the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, 110 Stat. 1936 or information covered by chapter 24 or Title 22, section 1711‑C is confidential.
[PL 2023, c. 123, §6 (AMD).]
3.  Practitioner-specific quality data.
The confidentiality of practitioner-specific quality data is determined according to this subsection.
A. Practitioner-specific quality data is confidential and may not be disclosed by the Maine Quality Forum prior to a determination of accuracy and completeness made under paragraph B.   [PL 2005, c. 615, §3 (NEW).]
B. Practitioner-specific quality data is not confidential after a determination of its accuracy and completeness is made by the Director of the Maine Quality Forum or a designee.   [PL 2005, c. 615, §3 (NEW).]
[PL 2005, c. 615, §3 (NEW).]
SECTION HISTORY
PL 2003, c. 469, §A8 (NEW). PL 2005, c. 615, §§2,3 (AMD). PL 2023, c. 123, §§5, 6 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 87: DIRIGO HEALTH › Subchapter 1: GENERAL PROVISIONS › 24-A §6909. Executive director

§6909. Executive director
1.  Appointed position.
The executive director is appointed by the board and serves at the pleasure of the board. The position of executive director is a major policy-influencing position as designated in Title 5, section 934‑B.
[PL 2003, c. 469, Pt. A, §8 (NEW).]
2.  Duties of executive director.
The executive director shall:
A. Serve as the liaison between the board and Dirigo Health and serve as secretary and treasurer to the board;   [PL 2007, c. 447, §8 (AMD).]
B. Manage Dirigo Health's programs and services, including the Maine Quality Forum established under section 6951;   [PL 2003, c. 469, Pt. A, §8 (NEW).]
C. Employ or contract on behalf of Dirigo Health for professional and nonprofessional personnel or service. Employees of Dirigo Health are subject to the Civil Service Law, except that the position of Director of the Maine Quality Forum is not subject to the Civil Service Law;   [PL 2003, c. 469, Pt. A, §8 (NEW).]
D. Approve all accounts for salaries, per diems, allowable expenses of Dirigo Health or of any employee or consultant and expenses incidental to the operation of Dirigo Health; and   [PL 2003, c. 469, Pt. A, §8 (NEW).]
E. Perform other duties prescribed by the board to carry out the functions of this chapter.   [PL 2003, c. 469, Pt. A, §8 (NEW).]
[PL 2007, c. 447, §8 (AMD).]
SECTION HISTORY
PL 2003, c. 469, §A8 (NEW). PL 2007, c. 447, §8 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 87: DIRIGO HEALTH › Subchapter 1: GENERAL PROVISIONS › 24-A §6911. Coordination with MaineCare

§6911. Coordination with MaineCare
The Department of Health and Human Services is the state agency responsible for the financing and administration of MaineCare. It shall pay for MaineCare benefits for MaineCare-eligible individuals, including those enrolled in health plans in MaineCare that are providing coverage under the Dirigo Health Program. An individual participating in the Dirigo Health Program who applies for and is determined eligible for MaineCare is enrolled directly in MaineCare.   [PL 2005, c. 400, Pt. A, §6 (AMD).]
SECTION HISTORY
PL 2003, c. 469, §A8 (NEW). PL 2003, c. 689, §B6 (REV). PL 2005, c. 400, §A6 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 87: DIRIGO HEALTH › Subchapter 1: GENERAL PROVISIONS › 24-A §6912. Subsidies

§6912. Subsidies
Dirigo Health may establish sliding-scale subsidies for the purchase of Dirigo Health Program coverage paid by eligible individuals or employees whose income is under 300% of the federal poverty level. Dirigo Health may also establish sliding-scale subsidies for the purchase of employer-sponsored health coverage paid by employees of businesses with more than 50 employees, whose income is under 300% of the federal poverty level.   [PL 2005, c. 400, Pt. A, §7 (AMD).]
1.  Administration.
Dirigo Health shall, by rule, establish procedures to administer this section.
[PL 2003, c. 469, Pt. A, §8 (NEW).]
2.  Eligibility for subsidy.
To be eligible for a subsidy an individual or employee must:
A. Be enrolled in the Dirigo Health Program, have an income under 300% of the federal poverty level and be a resident of the State; or   [PL 2005, c. 400, Pt. A, §8 (AMD).]
B. Be enrolled in a health plan of an employer with more than 50 employees and have an income under 300% of the federal poverty level. The health plan must meet any criteria established by Dirigo Health. The individual must meet other eligibility criteria established by Dirigo Health.   [PL 2005, c. 400, Pt. A, §8 (AMD).]
[PL 2005, c. 400, Pt. A, §8 (AMD).]
3.  Limitation of subsidies.
Dirigo Health shall limit the availability of subsidies to reflect limitations of available funds.
[PL 2003, c. 469, Pt. A, §8 (NEW).]
4.  Limitation on amount subsidized.
[PL 2007, c. 629, Pt. B, §1 (RP).]
5.  Notification of subsidy.
Dirigo Health shall notify applicants and their employers in writing of their eligibility and approved level of subsidy.
[PL 2003, c. 469, Pt. A, §8 (NEW).]
6.  Report.
Within 30 days after any subsidies are established pursuant to this section, the board shall report on the amount of the subsidies, the funding required for the subsidies and the estimated number of Dirigo Health Program enrollees eligible for the subsidies and submit the report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs, the joint standing committee of the Legislature having jurisdiction over insurance and financial services matters and the joint standing committee of the Legislature having jurisdiction over health and human services matters.
[PL 2005, c. 400, Pt. A, §9 (AMD).]
SECTION HISTORY
PL 2003, c. 469, §A8 (NEW). PL 2005, c. 400, §§A7-9 (AMD). PL 2007, c. 629, Pt. B, §1 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 87: DIRIGO HEALTH › Subchapter 1: GENERAL PROVISIONS › 24-A §6913. Savings offset payments against health insurance carriers, employee benefit excess insurance carriers and third-party administrators (REPEALED)

§6913. Savings offset payments against health insurance carriers, employee benefit excess insurance carriers and third-party administrators
(REPEALED)
SECTION HISTORY
PL 2003, c. 469, §A8 (NEW). PL 2005, c. 400, §§A10-13,C9 (AMD). PL 2005, c. 683, §§A43,44 (AMD). PL 2007, c. 1, Pt. X, §§1, 2 (AMD). PL 2007, c. 1, Pt. X, §3 (AFF). PL 2009, c. 359, §2 (RP). PL 2009, c. 359, §8 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 87: DIRIGO HEALTH › Subchapter 1: GENERAL PROVISIONS › 24-A §6914. Intragovernmental transfer

§6914. Intragovernmental transfer
Starting July 1, 2004, and ending September 30, 2012, Dirigo Health shall transfer funds, as necessary, to a special dedicated, nonlapsing revenue account administered by the agency of State Government that administers MaineCare for the purpose of providing a state match for federal Medicaid services provided to individuals eligible pursuant to Title 22, section 3174‑G, subsection 1, paragraph E whose nonfarm income is greater than 150% of the nonfarm income official poverty line and is below or equal to 200% of the nonfarm income official poverty line. Dirigo Health shall annually set the amount of contribution.   [PL 2011, c. 477, Pt. Y, §1 (AMD).]
Beginning January 1, 2012, and ending September 30, 2012, Dirigo Health shall transfer funds as necessary to a special dedicated, nonlapsing revenue account administered by the agency of State Government that administers MaineCare for the purpose of providing a state match for federal Medicaid services provided to individuals eligible pursuant to Title 22, section 3174‑G, subsection 1, paragraph E whose nonfarm income is greater than 133% of the nonfarm income official poverty line and is below or equal to 150% of the nonfarm income official poverty line. Dirigo Health shall annually set the amount of contribution.   [PL 2011, c. 477, Pt. Y, §1 (AMD).]
Beginning September 1, 2012, but not later than June 30, 2013, Dirigo Health shall transfer $7,210,000 from the Dirigo Health Enterprise Fund to the Medical Care - Payments to Providers, Other Special Revenue Funds account in the Department of Health and Human Services for the purpose of providing a state match for federal Medicaid services.   [PL 2013, c. 1, Pt. X, §1 (AMD).]
SECTION HISTORY
PL 2003, c. 469, §A8 (NEW). PL 2005, c. 400, §A14 (AMD). PL 2011, c. 380, Pt. BBB, §1 (AMD). PL 2011, c. 477, Pt. Y, §1 (AMD). PL 2013, c. 1, Pt. X, §1 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 87: DIRIGO HEALTH › Subchapter 1: GENERAL PROVISIONS › 24-A §6915. Dirigo Health Enterprise Fund

§6915. Dirigo Health Enterprise Fund
The Dirigo Health Enterprise Fund is created as an enterprise fund for the deposit of any funds advanced for initial operating expenses, payments made by employers and individuals, any savings offset payments made pursuant to former section 6913, any access payments made pursuant to section 6917 and any funds received from any public or private source. The fund may not lapse, but must be carried forward to carry out the purposes of this chapter.   [PL 2009, c. 359, §3 (AMD); PL 2009, c. 359, §8 (AFF).]
SECTION HISTORY
PL 2003, c. 469, §A8 (NEW). PL 2005, c. 386, §D3 (AMD). PL 2009, c. 359, §3 (AMD). PL 2009, c. 359, §8 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 87: DIRIGO HEALTH › Subchapter 3: DIRIGO HEALTH HIGH-RISK POOL › 24-A §6971. Dirigo Health High-risk Pool (REPEALED)

§6971. Dirigo Health High-risk Pool
(REPEALED)
SECTION HISTORY
PL 2003, c. 469, §A8 (NEW). PL 2005, c. 400, §C10 (AMD). PL 2007, c. 629, Pt. L, §6 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 89: PORTABLE ELECTRONIC DEVICE INSURANCE › 24-A §7001. Definitions

§7001. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2011, c. 297, §5 (NEW).]
1.  Customer.
"Customer" means a person who purchases a portable electronic device or service.
[PL 2011, c. 297, §5 (NEW).]
2.  Enrolled customer.
"Enrolled customer" means a customer who elects coverage under a portable electronic device insurance policy issued to a vendor.
[PL 2011, c. 297, §5 (NEW).]
3.  Limited lines license.
"Limited lines license" means a license to sell or offer a policy for portable electronic device insurance.
[PL 2011, c. 297, §5 (NEW).]
4.  Location.
"Location" means any physical location in the State or any publicly accessible website, call center or similar operation directed to residents of the State.
[PL 2011, c. 297, §5 (NEW).]
5.  Portable electronic device.
"Portable electronic device" means an electronic device that is portable in nature, its accessories and services related to the use of the device.
[PL 2011, c. 297, §5 (NEW).]
6.  Portable electronic device insurance.
"Portable electronic device insurance" means insurance authorized under section 705 providing coverage for the repair or replacement of a portable electronic device that may cover a portable electronic device against any one or more of the following causes of loss: loss, theft, inoperability due to mechanical failure, malfunction, damage or other similar causes of loss. "Portable electronic device insurance" does not include:
A. A service contract or extended warranty providing coverage limited to the repair, replacement or maintenance of property for the operational or structural failure of property due to a defect in materials, workmanship, accidental damage from handling or normal wear and tear;   [PL 2011, c. 297, §5 (NEW).]
B. A policy of insurance covering a seller's or a manufacturer's obligations under a warranty; or   [PL 2011, c. 297, §5 (NEW).]
C. Homeowner's or renter's insurance, private passenger automobile insurance, commercial multiple peril insurance or any similar policy.   [PL 2011, c. 297, §5 (NEW).]
[PL 2011, c. 297, §5 (NEW).]
7.  Portable electronic device transaction.
"Portable electronic device transaction" means:
A. The sale or lease of a portable electronic device by a vendor to a customer; or   [PL 2011, c. 297, §5 (NEW).]
B. The sale of a service related to the use of a portable electronic device by a vendor to a customer.   [PL 2011, c. 297, §5 (NEW).]
[PL 2011, c. 297, §5 (NEW).]
8.  Supervising entity.
"Supervising entity" means a business entity that is a licensed insurance producer or insurer.
[PL 2011, c. 297, §5 (NEW).]
9.  Vendor.
"Vendor" means a person in the business of engaging in portable electronic device transactions directly or indirectly.
[PL 2011, c. 297, §5 (NEW).]
SECTION HISTORY
PL 2011, c. 297, §5 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 89: PORTABLE ELECTRONIC DEVICE INSURANCE › 24-A §7002. Licensure of vendors

§7002. Licensure of vendors
1.  License required.
A vendor is required to hold a limited lines license under this chapter to sell or offer coverage under a policy of portable electronic device insurance.
[PL 2011, c. 297, §5 (NEW).]
2.  Authority provided by license.
A limited lines license issued under this chapter authorizes any employee or authorized representative of a vendor to sell or offer coverage under a policy of portable electronic device insurance to a customer at each location at which the vendor engages in portable electronic device transactions.
[PL 2011, c. 297, §5 (NEW).]
3.  List of locations.
In connection with a vendor's application for licensure and upon request by the superintendent, the vendor shall provide a list to the superintendent of all locations in this State at which the vendor offers coverage.
[PL 2011, c. 297, §5 (NEW).]
4.  Activities authorized by license.
Notwithstanding any other provision of law, a license issued pursuant to this chapter authorizes the licensee and its employees or authorized representatives to engage only in those activities that are expressly permitted in this chapter.
[PL 2011, c. 297, §5 (NEW).]
SECTION HISTORY
PL 2011, c. 297, §5 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 89: PORTABLE ELECTRONIC DEVICE INSURANCE › 24-A §7003. Requirements for sale of portable electronic device insurance

§7003. Requirements for sale of portable electronic device insurance
1.  Brochures.
At every location where portable electronic device insurance is offered to customers, brochures or other written materials must be made available to a prospective customer that:
A. Disclose that portable electronic device insurance may provide a duplication of coverage already provided by a customer's homeowner's insurance policy, renter's insurance policy or other source of coverage;   [PL 2011, c. 297, §5 (NEW).]
B. State that the enrollment by the customer in a portable electronic device insurance policy is not required in order to purchase or lease a portable electronic device or service;   [PL 2011, c. 297, §5 (NEW).]
C. Summarize the material terms of the insurance coverage, including:
(1) The identity of the insurer;
(2) The identity of the supervising entity;
(3) The amount of any applicable deductible and how it is to be paid;
(4) Benefits of the coverage; and
(5) Key terms and conditions of coverage such as whether the portable electronic device may be replaced with a similar make and model or repaired using reconditioned or nonoriginal manufacturer parts or equipment;   [PL 2011, c. 297, §5 (NEW).]
D. Summarize the process for filing a claim, including a description of any requirements to return the portable electronic device and the maximum fee applicable if the customer fails to comply with any equipment return requirements; and   [PL 2011, c. 297, §5 (NEW).]
E. State that the customer may cancel enrollment for coverage under a portable electronic device insurance policy at any time and the person paying the premium must receive a refund of any applicable unearned premium.   [PL 2011, c. 297, §5 (NEW).]
[PL 2011, c. 297, §5 (NEW).]
2.  Periodic basis of coverage.
Portable electronic device insurance may be offered on a month-to-month or other periodic basis as a group or master commercial inland marine policy issued to a vendor under which individual customers may elect to enroll for coverage.
[PL 2011, c. 297, §5 (NEW).]
3.  Eligibility and underwriting standards.
Eligibility and underwriting standards for customers electing to enroll in coverage must be established by an insurer for each portable electronic device insurance program.
[PL 2011, c. 297, §5 (NEW).]
SECTION HISTORY
PL 2011, c. 297, §5 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 89: PORTABLE ELECTRONIC DEVICE INSURANCE › 24-A §7005. Violations

§7005. Violations
1.  Penalties.
If a vendor or its employee or authorized representative violates any provision of this chapter, the superintendent may enforce this chapter in accordance with section 12‑A except the superintendent may not impose a fine exceeding $15,000 for aggregate conduct in violation of this chapter.
[PL 2011, c. 297, §5 (NEW).]
2.  Suspension or revocation.
In addition to any other penalties authorized by law, the superintendent may:
A. Suspend the authority of a vendor to transact portable electronic device insurance;   [PL 2011, c. 297, §5 (NEW).]
B. Suspend the authority of a vendor to transact portable electronic device insurance pursuant to this chapter at specific business locations where violations have occurred; and   [PL 2011, c. 297, §5 (NEW).]
C. Suspend or revoke the authority of an individual employee or authorized representative of a vendor to act under a limited lines license under section 7002, subsection 2.   [PL 2011, c. 297, §5 (NEW).]
[PL 2011, c. 297, §5 (NEW).]
SECTION HISTORY
PL 2011, c. 297, §5 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 89: PORTABLE ELECTRONIC DEVICE INSURANCE › 24-A §7007. Application for license and fees

§7007. Application for license and fees
1.  Application for license to be filed with superintendent.
A sworn application for a license under this chapter must be made to and filed with the superintendent on forms prescribed and furnished by the superintendent.
[PL 2011, c. 297, §5 (NEW).]
2.  Contents of application.
In addition to other information required by the superintendent, the application must:
A. Provide the name, residence address and other information required by the superintendent for an employee or officer of the vendor that is designated by the applicant as the person responsible for the vendor's compliance with the requirements of this chapter. If the vendor derives more than 50% of its revenue from the sale of portable electronic device insurance, the information specified in this paragraph must be provided for all officers, directors and shareholders of record having beneficial ownership of 10% or more of any class of securities registered under the federal securities laws;   [PL 2011, c. 297, §5 (NEW).]
B. Appoint the superintendent as the applicant's attorney to receive service of all legal process issued against it in any civil action or proceeding in this State and agree that process so served is valid and binding against the applicant. The appointment is irrevocable, binds the company and any successor in interest as well as the assets or liabilities of the applicant and must remain in effect as long as the applicant's license remains in force in this State; and   [PL 2011, c. 297, §5 (NEW).]
C. Provide the location of the applicant's home office.   [PL 2011, c. 297, §5 (NEW).]
[PL 2011, c. 297, §5 (NEW).]
3.  Time of application.
An application for licensure under this chapter must be made within 90 days of the application being made available by the superintendent.
[PL 2011, c. 297, §5 (NEW).]
4.  Initial license valid for 24 months.
An initial license issued pursuant to this chapter is valid for 24 months and expires on the last day of the 24th month.
[PL 2011, c. 297, §5 (NEW).]
5.  Fee.
Each vendor licensed under this chapter shall pay to the superintendent a fee as prescribed by section 601, subsection 29.
[PL 2011, c. 297, §5 (NEW).]
SECTION HISTORY
PL 2011, c. 297, §5 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 90: LIMITED LINES TRAVEL INSURANCE › 24-A §7051. Short title

§7051. Short title
This chapter may be known and cited as "the Limited Lines Travel Insurance Act."   [PL 2015, c. 133, §4 (NEW).]
SECTION HISTORY
PL 2015, c. 133, §4 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 90: LIMITED LINES TRAVEL INSURANCE › 24-A §7051-A. Applicability of chapter

§7051-A. Applicability of chapter
1.  Applicability.
The requirements of this chapter apply to travel insurance that covers any resident of this State; that is sold, solicited, negotiated or offered in this State; and for which policies and certificates are delivered or issued for delivery in this State. This chapter does not apply to cancellation fee waivers or travel assistance services, except as expressly provided in this chapter.
[PL 2021, c. 354, §4 (NEW).]
2.  Application of other laws.
All other applicable provisions of this State's insurance laws apply to travel insurance except that the specific provisions of this chapter supersede any general provisions of law that would otherwise be applicable to travel insurance.
[PL 2021, c. 354, §4 (NEW).]
SECTION HISTORY
PL 2021, c. 354, §4 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 90: LIMITED LINES TRAVEL INSURANCE › 24-A §7052. Definitions (REPEALED)

§7052. Definitions
(REPEALED)
SECTION HISTORY
PL 2015, c. 133, §4 (NEW). PL 2021, c. 354, §5 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 90: LIMITED LINES TRAVEL INSURANCE › 24-A §7053. Licensure; nonlicensed activities; compensation

§7053. Licensure; nonlicensed activities; compensation
1.  Issuance of license.
The issuance of a license is governed by this subsection.
A. Upon receipt of an application in the form and manner prescribed by the superintendent, the superintendent may issue a supervising travel insurance producer license, which is a limited license, to a business entity authorizing the business entity to sell, solicit or negotiate travel insurance as a supervising travel insurance producer on behalf of a licensed insurer. A person may not act as a supervising travel insurance producer unless licensed under this subsection or as provided in section 7052‑A, subsection 11. A travel retailer may not sell, solicit or negotiate travel insurance unless licensed as a producer or registered in accordance with section 7054, subsection 2.   [PL 2021, c. 354, §7 (NEW).]
B. A person licensed in a major line of authority as an insurance producer may sell, solicit and negotiate travel insurance.   [PL 2021, c. 354, §7 (NEW).]
[PL 2021, c. 354, §7 (RPR).]
2.  Nonlicensed activities.
A travel retailer or its employees or authorized representatives do not need a license under this chapter if the retailer is on the registry, as provided in section 7054, subsection 2, and the insurance-related activities of the travel retailer, its employees and authorized representatives are limited to offering and disseminating travel insurance in compliance with this chapter.
[PL 2015, c. 133, §4 (NEW).]
3.  Compensation.
Notwithstanding any provision of law to the contrary, if the insurance-related activities of a travel retailer and its employees and authorized representatives are limited to offering and disseminating travel insurance on behalf of and under the direction of a supervising travel insurance producer, and the travel retailer is registered pursuant to section 7054, subsection 2, the travel retailer and its employees and authorized representatives are permitted to receive related compensation on sales made in accordance with this chapter.
[PL 2021, c. 354, §8 (AMD).]
SECTION HISTORY
PL 2015, c. 133, §4 (NEW). PL 2021, c. 354, §§7, 8 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 90: LIMITED LINES TRAVEL INSURANCE › 24-A §7055. Prohibited acts

§7055. Prohibited acts
An employee or representative of a travel retailer who is not licensed as an insurance producer may not:   [PL 2015, c. 133, §4 (NEW).]
1.  Technical terms.
Evaluate or interpret the technical terms, benefits and conditions of the offered travel insurance coverage;
[PL 2015, c. 133, §4 (NEW).]
2.  Advice.
Evaluate or provide advice concerning a prospective purchaser's existing insurance coverage; or
[PL 2015, c. 133, §4 (NEW).]
3.  Purport to be licensed.
Purport to be a licensed insurer, licensed producer or insurance expert or represent that the travel retailer is so licensed or has insurance expertise.
[PL 2015, c. 133, §4 (NEW).]
SECTION HISTORY
PL 2015, c. 133, §4 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 90: LIMITED LINES TRAVEL INSURANCE › 24-A §7056. Policy; responsibilities; enforcement; standards

§7056. Policy; responsibilities; enforcement; standards
1.  Policy.
Notwithstanding any provision of this Title to the contrary, travel insurance rates and forms must be filed with and approved by the superintendent. For purposes of such filings, travel insurance must be classified and filed for purposes of rates and forms as inland marine insurance, except that travel insurance that provides coverage for sickness, accident, disability or death occurring during travel, either exclusively or in conjunction with related coverages of emergency evacuation or repatriation of remains, or incidental limited property and casualty benefits such as lost baggage or trip cancellation, may, subject to the superintendent's discretion, be filed as either health insurance or inland marine insurance. Travel insurance may be provided under an individual policy or under a group or blanket travel insurance policy.
[PL 2021, c. 354, §13 (AMD).]
2.  Responsibility.
As the insurer's designee, a supervising travel insurance producer is responsible for the acts of a travel retailer offering and disseminating travel insurance under the supervising travel insurance producer's authority and shall use reasonable means to ensure compliance by the travel retailer with this chapter.
[PL 2021, c. 354, §13 (AMD).]
3.  Enforcement.
A supervising travel insurance producer and any travel retailer offering and disseminating travel insurance are subject to chapters 16 and 23.
[PL 2015, c. 133, §4 (NEW).]
4.  Eligibility and underwriting standards.
Eligibility and underwriting standards for travel insurance may be developed and provided based on travel protection plans designed for individual or identified marketing or distribution channels, as long as those standards also meet the State's underwriting standards for inland marine insurance.
[PL 2021, c. 354, §13 (NEW).]
SECTION HISTORY
PL 2015, c. 133, §4 (NEW). PL 2021, c. 354, §13 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 90: LIMITED LINES TRAVEL INSURANCE › 24-A §7057. Travel protection plans

§7057. Travel protection plans
A travel protection plan composed of combined features may be offered for one price if:   [PL 2021, c. 354, §14 (NEW).]
1.  Disclosures.
The travel protection plan clearly discloses to the consumer, at or prior to the time of purchase, that it includes travel insurance, travel assistance services and cancellation fee waivers, as applicable, and provides information and an opportunity, at or prior to the time of purchase, for the consumer to obtain additional information regarding the features and pricing of each; and
[PL 2021, c. 354, §14 (NEW).]
2.  Fulfillment material requirements.
The fulfillment materials must:
A. Describe and delineate the travel insurance, travel assistance services and cancellation fee waivers in the travel protection plan; and   [PL 2021, c. 354, §14 (NEW).]
B. Include the travel insurance disclosures under subsection 1 and the contact information for persons providing travel assistance services and cancellation fee waivers, as applicable.   [PL 2021, c. 354, §14 (NEW).]
[PL 2021, c. 354, §14 (NEW).]
SECTION HISTORY
PL 2021, c. 354, §14 (NEW).