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2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 72-A: MAINE LIABILITY RISK RETENTION ACT › 24-A §6100. Administrative and procedural authority regarding risk retention groups and purchasing groups

§6100. Administrative and procedural authority regarding risk retention groups and purchasing groups
The superintendent is authorized to make use of any of the powers established under the Maine Insurance Code as long as those powers are not specifically preempted by the Product Liability Risk Retention Act of 1981, as amended by the Risk Retention Amendments of 1986. This includes, but is not limited to, the superintendent's administrative authority to investigate, issue subpoenas, conduct depositions and hearings, issue orders and impose penalties. With regard to any investigation, administrative proceedings or litigation, the superintendent can rely on the procedural laws and rules of the State. The superintendent's injunctive authority in regard to risk retention groups is restricted by the requirement that any injunction be issued by a court of competent jurisdiction.   [PL 1987, c. 481, §3 (NEW).]
SECTION HISTORY
PL 1987, c. 481, §3 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 72-A: MAINE LIABILITY RISK RETENTION ACT › 24-A §6101. Penalties

§6101. Penalties
A risk retention group which violates any provision of this Act will be subject to fines and penalties applicable to licensed insurers generally, including revocation of its license or the right to do business in this State.   [PL 1987, c. 481, §3 (NEW).]
SECTION HISTORY
PL 1987, c. 481, §3 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 72-A: MAINE LIABILITY RISK RETENTION ACT › 24-A §6102. Duty of agents or brokers to obtain license

§6102. Duty of agents or brokers to obtain license
Any person acting, or offering to act, as an agent or broker for a risk retention group or purchasing group, which solicits members, sells insurance coverage, purchases coverage for its members located within the State or otherwise does business in this State shall, before commencing any such activity, obtain an appropriate license from the superintendent.   [PL 1987, c. 481, §3 (NEW).]
SECTION HISTORY
PL 1987, c. 481, §3 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 72-A: MAINE LIABILITY RISK RETENTION ACT › 24-A §6103. Binding effects of orders issued in the United States District Court

§6103. Binding effects of orders issued in the United States District Court
An order issued by any district court of the United States enjoining a risk retention group from soliciting or selling insurance or operating in any state, or in all states or in any territory or possession of the United States, upon a finding that such a group is in a hazardous financial condition, shall be enforceable in the courts of this State.   [PL 1987, c. 481, §3 (NEW).]
SECTION HISTORY
PL 1987, c. 481, §3 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 72-A: MAINE LIABILITY RISK RETENTION ACT › 24-A §6104. Rules

§6104. Rules
The superintendent may establish and from time to time amend such rules relating to risk retention groups as may be necessary or desirable to carry out the provisions of this Act.   [PL 1987, c. 481, §3 (NEW).]
SECTION HISTORY
PL 1987, c. 481, §3 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 73: CONTINUING CARE RETIREMENT COMMUNITIES › 24-A §6203-A. Escrow account (REPEALED)

§6203-A. Escrow account
(REPEALED)
SECTION HISTORY
PL 1989, c. 343, §16 (NEW). PL 1989, c. 343, §23 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 73: CONTINUING CARE RETIREMENT COMMUNITIES › 24-A §6204. Withdrawal plan

§6204. Withdrawal plan
Any provider who has obtained a certificate of authority from the superintendent and who plans neither to renew existing agreements nor to offer new agreements shall submit a withdrawal plan to the superintendent at least 60 days prior to implementing its proposed plan. The plan shall include, but not be limited to, requirements and procedures for meeting the provider's existing contractual obligations, providing security in the event of a subsequent insolvency and meeting any applicable statutory obligations. The plan shall also comply with any further terms and conditions which are prescribed by rules adopted by the superintendent. The plan shall not be implemented without the approval of the superintendent.   [RR 2015, c. 2, §16 (COR).]
SECTION HISTORY
PL 1987, c. 482, §1 (NEW). RR 2015, c. 2, §16 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 73: CONTINUING CARE RETIREMENT COMMUNITIES › 24-A §6207. Continuing care agreement; condominium

§6207. Continuing care agreement; condominium
Pursuant to a continuing care agreement, a subscriber may purchase or may be the beneficiary of a purchase of a condominium as defined in Title 33, section 1601‑103, subsection 7. With respect to a continuing care agreement pursuant to which a condominium will be purchased the following provisions are applicable:   [PL 1987, c. 482, §1 (NEW).]
1.  Copy of declaration; filing.
A copy of the declaration prepared pursuant to the Maine Condominium Act, Title 33, chapter 31, along with a copy of any registration statement filed with the United States Securities and Exchange Commission or the Office of Securities, must be filed with the superintendent prior to the sale of any of the condominium units; and
[PL 2001, c. 182, §7 (AMD).]
2.  Bylaws and rules; filing.
The bylaws and rules of the unit owners' association shall be filed with the superintendent for informational purposes.
[PL 1987, c. 482, §1 (NEW).]
Any materials required to be filed with the superintendent pursuant to this chapter and contained in the declaration, public offering statements, bylaws or rules of the unit owners' association may be submitted in that format to the superintendent. Any disclosure requirements contained in this chapter may be satisfied by the timely delivery of the documents described in this section to the subscriber, supplemented where necessary by any additional information required pursuant to this chapter.   [PL 1987, c. 482, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 482, §1 (NEW). PL 2001, c. 182, §7 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 73: CONTINUING CARE RETIREMENT COMMUNITIES › 24-A §6208. Continuing care agreement; consumer cooperative

§6208. Continuing care agreement; consumer cooperative
As part of the continuing care agreement, a subscriber may purchase or acquire or be the beneficiary of a purchase or acquisition of a membership interest or share or shares in an incorporated or unincorporated group organized on a cooperative basis subject to the requirements of Title 13, chapter 85, subchapter I, governing consumer cooperatives or Title 13, chapter 85, subchapter I‑A, governing cooperative affordable housing corporations.   [PL 1995, c. 452, §25 (AMD).]
If a registration statement for the cooperative is filed with the Office of Securities, pursuant to the Maine Uniform Securities Act, Title 32, chapter 135, a copy must be simultaneously filed with the superintendent and a copy must be given to every purchaser of a membership interest or share in the cooperative at least 10 days prior to the sale of the interest or share. Any information required to be filed with the superintendent pursuant to this chapter and contained in the referenced registration materials may be filed in that format with the superintendent and need not be submitted under separate cover. If a registration statement is not filed with the Office of Securities, a disclosure statement containing, to the extent applicable, all the information required to register a security by qualification, pursuant to Title 32, section 16304, must be filed with the superintendent and given to every subscriber at least 10 days prior to the sale. In the alternative, a provider may elect to provide each subscriber a disclosure statement containing those provisions stated in section 6209 determined to be required by the superintendent.   [PL 2005, c. 65, Pt. C, §13 (AMD).]
SECTION HISTORY
PL 1987, c. 482, §1 (NEW). PL 1995, c. 452, §25 (AMD). PL 2001, c. 182, §8 (AMD). PL 2005, c. 65, §C13 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 73: CONTINUING CARE RETIREMENT COMMUNITIES › 24-A §6211. Waiver of certain continuing care agreement provisions prohibited

§6211. Waiver of certain continuing care agreement provisions prohibited
No act, agreement or statement of any subscriber constitutes a valid waiver of any of the provisions of this chapter, or any rules under this chapter, intended for the benefit or protection of the subscriber.   [PL 1987, c. 482, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 482, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 73: CONTINUING CARE RETIREMENT COMMUNITIES › 24-A §6212. Discharge of subscriber prior to expiration of agreement

§6212. Discharge of subscriber prior to expiration of agreement
No agreement for continuing care shall permit dismissal or permanent discharge of the subscriber from the facility providing care prior to the expiration of the agreement without just cause for such a removal and without providing at least 60 days' advance notice in writing to the subscriber.   [PL 1987, c. 482, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 482, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 73: CONTINUING CARE RETIREMENT COMMUNITIES › 24-A §6213. Actions for damages or equitable relief

§6213. Actions for damages or equitable relief
1.  Action for damages.
Any subscriber injured by a violation of this chapter may bring an action for the recovery of damages in any court of competent jurisdiction. In those cases, the court may award reasonable attorneys fees to a subscriber in whose favor a judgment is rendered.
[PL 1987, c. 482, §1 (NEW).]
2.  Equitable relief.
Any subscriber injured by a violation of this chapter may institute an action for an appropriate temporary restraining order or injunction.
[PL 1987, c. 482, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 482, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 73: CONTINUING CARE RETIREMENT COMMUNITIES › 24-A §6214. Administrative rules

§6214. Administrative rules
The superintendent and the department, as provided in this section, shall administer this chapter and may:   [PL 1987, c. 482, §1 (NEW).]
1.  Forms.
Prescribe, prepare and furnish all necessary forms;
[PL 1987, c. 482, §1 (NEW).]
2.  Fees.
Establish and collect reasonable fees under this chapter; and
[PL 1987, c. 482, §1 (NEW).]
3.  Rules.
Adopt, amend or repeal, as necessary, rules to implement and interpret this chapter.
[PL 1987, c. 482, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 482, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 73: CONTINUING CARE RETIREMENT COMMUNITIES › 24-A §6215. Reserves (REPEALED)

§6215. Reserves
(REPEALED)
SECTION HISTORY
PL 1987, c. 482, §1 (NEW). PL 1989, c. 343, §§20,23 (RPR). PL 1995, c. 452, §30 (RPR). PL 1995, c. 625, §A28 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 73: CONTINUING CARE RETIREMENT COMMUNITIES › 24-A §6216. Sale or transfer of ownership

§6216. Sale or transfer of ownership
Any provider desiring to sell or transfer ownership of a continuing care facility shall notify the superintendent and the acquiring interest shall obtain the superintendent's advance approval of the sale or transfer. The certificate of authority is nontransferable. The new owner must apply for a new certificate of authority to continue to provide continuing care at the facility.   [PL 1987, c. 482, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 482, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 73: CONTINUING CARE RETIREMENT COMMUNITIES › 24-A §6217. Penalties and enforcement

§6217. Penalties and enforcement
1.  Cease and desist order.
The superintendent may issue an order directing a provider to cease and desist from engaging in any act or practice in violation of this chapter.
[PL 1987, c. 482, §1 (NEW).]
2.  Superior Court.
In the case of any violation under this chapter, if the superintendent elects not to issue a cease and desist order or in the event of noncompliance with a cease and desist order issued pursuant to this section, the superintendent may apply to the Superior Court to issue an injunction restraining the company in whole or in part from proceeding further with its business or may apply for an order of the court to command performance consistent with contractual obligations of the provider.
[PL 1987, c. 482, §1 (NEW).]
3.  Civil penalties.
A person or organization in violation of this chapter shall be subject to a civil penalty of not more than $1,000 for each violation, payable to the State, to be recovered in a civil action. If a violation is willful, the person or organization shall be subject to a civil penalty of not more than $10,000 for each violation, payable to the State, to be recovered in a civil action. These penalties may be in addition to any other penalty provided by law. A separate violation may be held to exist for each day that the violation continues.
[PL 1987, c. 482, §1 (NEW).]
4.  Class E crime.
Any person that violates any provision of this chapter commits a Class E crime. Each violation of this chapter shall constitute a separate offense.
[PL 1987, c. 482, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 482, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 73: CONTINUING CARE RETIREMENT COMMUNITIES › 24-A §6218. Financial and organizational disclosure statements

§6218. Financial and organizational disclosure statements
Every provider shall provide to its subscribers within 120 days following the close of its first fiscal year of operation:   [PL 1987, c. 482, §1 (NEW).]
1.  Statement of financial condition.
The most recent certified annual statement of financial condition, including a balance sheet and summary of receipts and disbursements, including notes of that statement;
[PL 1987, c. 482, §1 (NEW).]
2.  Description of structure and operation.
A description of the organizational structure and operation of the provider, including the kind and extent of subscriber participation and a summary of any material changes since the issuance of the last report;
[PL 1987, c. 482, §1 (NEW).]
3.  Description of services.
A description of services and information as to where and how to secure them; and
[PL 1987, c. 482, §1 (NEW).]
4.  Method of subscriber complaints.
A clear and understandable description of the provider's method for resolving subscriber complaints.
[PL 1987, c. 482, §1 (NEW).]
On an annual basis, material changes in the information required to be provided pursuant to this section shall be furnished to all subscribers.   [PL 1987, c. 482, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 482, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 73: CONTINUING CARE RETIREMENT COMMUNITIES › 24-A §6219. Investments

§6219. Investments
The provider shall conform its investment strategy to the standards adopted by the superintendent by rule.   [PL 1987, c. 482, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 482, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 73: CONTINUING CARE RETIREMENT COMMUNITIES › 24-A §6220. Filings and reports as public documents

§6220. Filings and reports as public documents
All applications, filings and reports required under this chapter shall be treated as public documents, subject to limitations and exceptions provided in Title 1, chapter 13, subchapter I.   [PL 1987, c. 482, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 482, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 73: CONTINUING CARE RETIREMENT COMMUNITIES › 24-A §6221. Fees

§6221. Fees
Every provider subject to this chapter shall pay to the superintendent the following fees:   [PL 1987, c. 482, §1 (NEW).]
1.  Initial application.
For filing an initial application for a certificate of authority, $1,500; and
[PL 1987, c. 482, §1 (NEW).]
2.  Annual report.
For filing each annual report, $100.
[PL 1987, c. 482, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 482, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 73: CONTINUING CARE RETIREMENT COMMUNITIES › 24-A §6222. Examinations

§6222. Examinations
1.  Examination by superintendent.
The superintendent may make an examination of the affairs of any provider as often as he deems it necessary for the protection of the interests of the people of this State, but not less frequently than once every 3 years.
[PL 1987, c. 482, §1 (NEW).]
2.  Examination by department.
The department may make an examination concerning the quality of health and supportive services of any provider as often as the department deems it necessary for the protection of the interests of the people of this State, but not less frequently than once every year.
[PL 1987, c. 482, §1 (NEW).]
3.  Records.
Every provider shall submit its books and records relating to health and supportive services to such examinations and in every way facilitate the examination. For the purpose of examinations, the superintendent and the department may administer oaths to and examine the officers and agents of the provider.
[PL 1987, c. 482, §1 (NEW).]
4.  Expenses.
The reasonable expenses of examinations performed by the superintendent under this section shall be assessed against the organization being examined and remitted to the superintendent.
[PL 1987, c. 482, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 482, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 73: CONTINUING CARE RETIREMENT COMMUNITIES › 24-A §6223. Annual report

§6223. Annual report
The provider shall submit an annual report to the superintendent within 120 days after the end of the provider's fiscal year. The annual report shall include:   [PL 1987, c. 482, §1 (NEW).]
1.  Financial statements.
Financial statements of the provider, including, as a minimum, a balance sheet, income statement and a statement of changes in financial position, presented in conformance with generally accepted accounting principles and certified by an independent certified public accountant;
[PL 1987, c. 482, §1 (NEW); PL 1989, c. 343, §21 (AMD); PL 1989, c. 343, §23 (AFF).]
1-A.  Financial information.
[PL 1989, c. 343, §22 (NEW); PL 1989, c. 343, §23 (RP).]
2.  Material changes.
Any material changes in the information submitted pursuant to this chapter;
[PL 1995, c. 452, §31 (AMD).]
3.  Report.
A report of the total number and disposition of complaints handled through the provider complaint system and a compilation of causes underlying the complaints; and
[PL 1995, c. 452, §31 (AMD).]
4.  Statement of financial condition.
A full and true statement of the provider's financial condition, transactions and affairs as of the end of its fiscal year. The report must be in the general form and context of, and require information as called for by, the form of the annual statement as currently in general and customary use in the United States for the type of provider and kind of community to be reported upon, with any useful or necessary modification or adaptation thereof and as supplemented by additional information required by the superintendent. The statement must be verified by either the provider's president or vice-president, and either the secretary or actuary, as applicable, or in the absence of the foregoing, by 2 other principal officers.
The superintendent may adopt rules that prescribe accounting standards applicable to statements filed pursuant to this section. These rules may permit or require any provider to conform its financial presentations to the standards of preparation prescribed in the accounting practices and procedures manual of the National Association of Insurance Commissioners.
[PL 1995, c. 452, §32 (NEW).]
SECTION HISTORY
PL 1987, c. 482, §1 (NEW). PL 1989, c. 343, §§21-23 (AMD). PL 1995, c. 452, §§31,32 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 73: CONTINUING CARE RETIREMENT COMMUNITIES › 24-A §6224. Removal of records or assets from the State

§6224. Removal of records or assets from the State
No records or assets of the provider related to the organization of the facility and the provision of services under the continuing care agreement may be removed from this State by the provider, except that the superintendent may consent in writing to the removal of those records.   [PL 1987, c. 482, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 482, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 73: CONTINUING CARE RETIREMENT COMMUNITIES › 24-A §6225. Rehabilitation, liquidation or conservation of providers

§6225. Rehabilitation, liquidation or conservation of providers
Any rehabilitation, liquidation or conservation of a provider shall be deemed to be the rehabilitation, liquidation or conservation of an insurance company and shall be conducted under the supervision of the superintendent pursuant to the laws governing the rehabilitation, liquidation or conservation of insurance companies. The superintendent may institute summary proceedings in the same manner as provided in the laws governing delinquent insurers and he may apply for an order directing him to rehabilitate, liquidate or conserve a provider when, in his opinion, the continued operation of the provider will be hazardous either to the enrollees or to the people of this State.   [PL 1987, c. 482, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 482, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 73: CONTINUING CARE RETIREMENT COMMUNITIES › 24-A §6226. Continuing Care Retirement Community - Certificate of Need Demonstration Project

§6226. Continuing Care Retirement Community - Certificate of Need Demonstration Project
The following provisions apply to applicants seeking to obtain a Certificate of Need from the department for the first Continuing Care Retirement Community Demonstration Project, pursuant to Title 22, chapter 103, and the Demonstration Project Rules as adopted by the department on April 16, 1987.   [PL 1987, c. 563, §7 (NEW).]
1.  Initial deposits.
After the disclosure statement, the escrow agreement, the receipt and the continuing care agreement have been reviewed on a preliminary basis by the department's Certificate of Need staff, the department shall forward the documents with recommendations, if any, to the superintendent. All provisions of section 6203, including approval of the receipt and the escrow agreement by the superintendent, remain applicable. Thereafter the limit on deposits that may be collected may not exceed an amount equal to 10% of the entrance fee. Following issuance by the department of a Certificate of Need, any unsuccessful applicant for the first demonstration project shall refund amounts collected from subscribers with interest earned thereon pursuant to this chapter. The refunds must be made no later than 10 days after notification by the department to the unsuccessful applicant unless the unsuccessful applicant appeals the decision of the department as provided by former Title 22, chapter 103. If the applicant appeals and the appeal is denied, then refunds must be made no later than 10 days after notification of the denial.
[PL 2003, c. 510, Pt. A, §23 (AMD).]
2.  Exception.
Except as specifically addressed in this section, all other requirements of this chapter shall apply.
[PL 1987, c. 563, §7 (NEW).]
SECTION HISTORY
PL 1987, c. 563, §7 (NEW). PL 2003, c. 510, §A23 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 73: CONTINUING CARE RETIREMENT COMMUNITIES › 24-A §6227. Rights of residents

§6227. Rights of residents
1.  Individual rights.
All residents of continuing care retirement communities have the following rights:
A. The right to self-organize;   [PL 1995, c. 452, §33 (NEW).]
B. The right to be represented by an individual of their own choice;   [PL 1995, c. 452, §33 (NEW).]
C. The right to engage in concerted activities for their own purposes;   [PL 1995, c. 452, §33 (NEW).]
D. The right, individually and severally, to obtain outside advice, consultation and services of their own choosing and at their own expense on any matter, including, but not limited to, medical, legal and financial matters; and   [PL 1995, c. 452, §33 (NEW).]
E. The right to independence, dignity, individuality, privacy, choice and a home-like environment. These rights also include, but are not limited to, the following:
(1) A recognition of the resident's rights, responsibilities, needs and preferences;
(2) Assurances that the resident is free to select or refuse services and to accept responsibility for the consequences;
(3) Freedom to develop and maintain social ties with opportunities for meaningful interaction and involvement with the community;
(4) Recognition of personal space and the furnishing and decorating of personal space as private;
(5) Recognition that ensuring a resident's well-being does not violate a resident's civil rights;
(6) Freedom of a resident to set the resident's own schedule, have visitors and leave the facility;
(7) Acknowledgment that a resident is entitled to a "bill of rights" including methods of resolving resident complaints and freedom from abuse, neglect and the use of chemical and physical restraints;
(8) Assurances that methods of preventing and responding to incidents involving injury, loss of property, abuse and neglect will be identified and implemented; and
(9) Recognition of a resident's transfer rights under section 6228.   [PL 1995, c. 452, §33 (NEW).]
The department may adopt reasonable rules further defining the rights contained in this subsection. Nothing in this subsection affects the rights of nursing facility residents or residential care residents as currently provided by state or federal law or regulation.
[PL 1995, c. 452, §33 (NEW).]
2.  Meetings with provider.
A provider must be available for meetings with residents and their representatives at least once every 3 months. These meetings are for the purpose of providing a forum for free and open discussion of any point the residents or the provider wishes to discuss. At least 2 weeks' notice of each meeting must be given to residents.
[PL 1995, c. 452, §33 (NEW).]
SECTION HISTORY
PL 1995, c. 452, §33 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 73: CONTINUING CARE RETIREMENT COMMUNITIES › 24-A §6228. Transfer of residents

§6228. Transfer of residents
A resident of a continuing care retirement community may be transferred to a residential care unit or a bed within the skilled nursing facility under the following conditions:   [PL 1995, c. 452, §34 (NEW).]
1.  Written consent.
With the written consent of the resident or the resident's authorized representative; or
[PL 1995, c. 452, §34 (NEW).]
2.  Health or safety danger.
Upon a finding that the resident poses a health or safety danger to other residents or a change in a resident's health status or abilities necessitates a move to a higher level of care. A decision to transfer or change a resident's accommodations may be made only after extended consultation between the provider's interdisciplinary team, including, but not limited to, medical personnel, social workers and therapists of the community, and the resident, the resident's treating physician and the resident's family or other representative. The decision may also consider all reasonable care alternatives. A written decision to transfer or change a resident's accommodations must describe why the resident's health care needs can not be met at the resident's present location. The resident may appeal this determination to the department pursuant to rules prescribed by the department.
[PL 1995, c. 452, §34 (NEW).]
SECTION HISTORY
PL 1995, c. 452, §34 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 75: RURAL MEDICAL ACCESS PROGRAM › 24-A §6301. Short title

§6301. Short title
This chapter is known and may be cited as the "Rural Medical Access Program."   [PL 1989, c. 931, §5 (NEW).]
SECTION HISTORY
PL 1989, c. 931, §5 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 75: RURAL MEDICAL ACCESS PROGRAM › 24-A §6302. Purpose

§6302. Purpose
The purpose of this chapter is to promote perinatal services in underserved areas of the State.   [PL 1991, c. 734, §2 (AMD).]
SECTION HISTORY
PL 1989, c. 931, §5 (NEW). PL 1991, c. 734, §2 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 75: RURAL MEDICAL ACCESS PROGRAM › 24-A §6303. Definitions

§6303. Definitions
For purposes of this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1989, c. 931, §5 (NEW).]
1.  Insurer.
"Insurer" means any insurer authorized to transact insurance in this State and any insurer authorized as a surplus lines insurer pursuant to chapter 19.
[PL 1989, c. 931, §5 (NEW).]
2.  Physician's employer.
"Physician's employer" means any hospital, health care facility, clinic or other entity that employs a physician and pays for or otherwise provides professional liability insurance for the physician.
[PL 1989, c. 931, §5 (NEW).]
2-A.  Program.
"Program" means the Rural Medical Access Program.
[PL 1991, c. 734, §3 (NEW).]
3.  Self-insured.
"Self-insured" means any physician, hospital or physician's employer insured against the physician's professional negligence or the hospital's professional liability through any entity other than an insurer as defined in subsection 1. For purposes of this chapter, a physician, hospital or physician's employer that does not purchase insurance is considered self-insured.
[PL 2005, c. 122, §1 (AMD).]
SECTION HISTORY
PL 1989, c. 931, §5 (NEW). PL 1991, c. 734, §3 (AMD). PL 2005, c. 122, §1 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 75: RURAL MEDICAL ACCESS PROGRAM › 24-A §6306. Funds held by insurers

§6306. Funds held by insurers
Insurers shall invest assessments collected subject to chapter 13. Interest earned on investments must be credited to the Rural Medical Access Program.   [PL 2005, c. 122, §8 (AMD).]
SECTION HISTORY
PL 1989, c. 931, §5 (NEW). PL 2005, c. 122, §8 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 75: RURAL MEDICAL ACCESS PROGRAM › 24-A §6307. Qualifications for premium assistance

§6307. Qualifications for premium assistance
1.  Eligibility qualifications.
A physician is a qualified physician eligible to participate in the program if that physician:
A. Is licensed to practice medicine in the State;   [PL 1989, c. 931, §5 (NEW).]
B. Accepts and serves Medicaid patients;   [PL 1989, c. 931, §5 (NEW).]
C. Provides complete obstetrical care for patients, including prenatal care and delivery, provided that physicians in an underserved area without a facility for obstetrical delivery are still eligible if they provide only prenatal care and have referral agreements for delivery with a physician meeting the requirements of paragraphs A and B; and   [PL 1989, c. 931, §5 (NEW).]
D. Practices at least 50% of the time in areas of the State that are underserved areas for obstetrical and prenatal medical services as determined by the Department of Health and Human Services.   [RR 2015, c. 1, §31 (COR).]
The Commissioner of Health and Human Services shall determine those physicians who meet the requirements of this subsection. The commissioner shall adopt rules, pursuant to the Maine Administrative Procedure Act, determining underserved areas with respect to obstetrical and prenatal care. "Underserved areas" includes medically underserved areas, health manpower shortage areas and other priority areas determined by the commissioner. The commissioner may adopt rules pursuant to the Maine Administrative Procedure Act defining the scope of services that must be provided to meet the requirements of paragraphs B and C and the method of prioritizing underserved areas for purposes of distribution of the funds authorized by section 6308.
[RR 2015, c. 1, §31 (COR).]
2.  Ineligible if premium owed.
Any physician or physician's employer who owes premiums to any insurer for any policy year prior to the year that participation in the program is sought is not eligible to participate.
[PL 1991, c. 734, §5 (AMD).]
SECTION HISTORY
PL 1989, c. 931, §5 (NEW). PL 1991, c. 734, §5 (AMD). PL 2003, c. 689, §B7 (REV). RR 2015, c. 1, §31 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 75: RURAL MEDICAL ACCESS PROGRAM › 24-A §6308. Funding of the program

§6308. Funding of the program
The amount of funds available for the program is determined as follows.   [PL 1991, c. 734, §5 (AMD).]
1.  Available funds.
The amount available for the program for policy years beginning on or after July 1, 1990, but before July 1, 1991, is 1/2 of the amount of the assessment determined under section 6305 for that year. For policy years beginning on or after July 1, 1991, the Bureau of Insurance shall determine the amount available, except that the amount may be no less than the assessment determined for that year.
[PL 1991, c. 734, §5 (AMD).]
2.  Determination of participants in the program.
The superintendent shall apply the standards of prioritization adopted by the Commissioner of Health and Human Services to determine the physicians who are eligible for the program. The funding available for each qualified physician is the amount equal to the difference between the physician's medical malpractice insurance premiums with obstetrical care coverage and the physician's premiums without obstetrical care coverage; however, the funding must be at least $5,000 but may not be more than $15,000 as determined by the superintendent. Program payments must be made to the individual or entity paying the medical malpractice premium for the qualified physician.
[PL 2005, c. 122, §9 (AMD).]
SECTION HISTORY
PL 1989, c. 931, §5 (NEW). PL 1991, c. 734, §5 (AMD). PL 2003, c. 689, §B7 (REV). PL 2005, c. 122, §9 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 75: RURAL MEDICAL ACCESS PROGRAM › 24-A §6309. Intercorporate transfers

§6309. Intercorporate transfers
The superintendent may order intercorporate transfers of funds to balance assessments and program payments on an equitable basis among insurers and to provide for payments to eligible self-insureds.   [PL 1991, c. 734, §5 (AMD).]
SECTION HISTORY
PL 1989, c. 931, §5 (NEW). PL 1991, c. 734, §5 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 75: RURAL MEDICAL ACCESS PROGRAM › 24-A §6310. Appeals

§6310. Appeals
1.  Assessments.
Physicians, hospitals and physicians' employers aggrieved by an insurer's application of the assessment provided for in this chapter may request a hearing before the superintendent. The hearing must be held in accordance with chapter 3, the Maine Administrative Procedure Act and procedural rules of the bureau.
[PL 1989, c. 931, §5 (NEW).]
2.  Eligibility.
Physicians aggrieved by an eligibility determination by the Department of Health and Human Services under section 6307 may request a hearing under the Maine Administrative Procedure Act.
[PL 1989, c. 931, §5 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1989, c. 931, §5 (NEW). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 75: RURAL MEDICAL ACCESS PROGRAM › 24-A §6311. Rules

§6311. Rules
The superintendent and the Commissioner of Health and Human Services may adopt rules in accordance with the Maine Administrative Procedure Act to carry out this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2013, c. 170, §3 (AMD).]
SECTION HISTORY
PL 1989, c. 931, §5 (NEW). PL 2003, c. 689, Pt. B, §7 (REV). PL 2013, c. 170, §3 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 77: BUSINESS TRANSACTED WITH PRODUCER-CONTROLLED PROPERTY OR CASUALTY INSURER › 24-A §6401. Short title

§6401. Short title
This chapter may be known and cited as the "Maine Business Transacted with Producer-controlled Insurer Act."   [PL 2017, c. 169, Pt. E, §1 (AMD).]
SECTION HISTORY
PL 1991, c. 828, §33 (NEW). PL 2017, c. 169, Pt. E, §1 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 77: BUSINESS TRANSACTED WITH PRODUCER-CONTROLLED PROPERTY OR CASUALTY INSURER › 24-A §6402. Definitions

§6402. Definitions
As used in this Act, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1991, c. 828, §33 (NEW).]
1.  Accredited state.
"Accredited state" means a state in which the insurance department or regulatory agency has qualified as meeting the minimum financial regulatory standards promulgated and established by the National Association of Insurance Commissioners.
[PL 1991, c. 828, §33 (NEW).]
2.  Broker.
[PL 2017, c. 169, Pt. E, §2 (RP).]
3.  Control or controlled.
"Control" or "controlled" has the same meaning as set out in section 222, subsection 2, paragraph B.
[PL 1991, c. 828, §33 (NEW).]
4.  Controlling producer.
"Controlling producer" means a producer who directly or indirectly controls an insurer.
[PL 2017, c. 169, Pt. E, §3 (AMD).]
5.  Controlled insurer.
"Controlled insurer" means a licensed property or casualty insurer that is controlled directly or indirectly by a producer.
[PL 2017, c. 169, Pt. E, §4 (AMD).]
6.  Licensed property or casualty insurer.
"Licensed property or casualty insurer" means any person licensed to transact a property or casualty insurance business, or both, in this State with the exception of:
A. [PL 2017, c. 169, Pt. E, §5 (RP).]
B. A residual market pool or joint underwriting authority or association; or   [PL 2017, c. 169, Pt. E, §5 (AMD).]
C. A special purpose reinsurance vehicle holding a limited certificate of authority under section 782 or a captive insurance company, other than a risk retention group, licensed under section 6702.   [PL 2017, c. 169, Pt. E, §5 (AMD).]
[PL 2017, c. 169, Pt. E, §5 (AMD).]
7.  Producer.
"Producer" means an insurance producer licensed or required to be licensed pursuant to chapter 16 or a person holding or required to hold a comparable license in another state where a licensed property or casualty insurer does business.
[PL 2017, c. 169, Pt. E, §6 (AMD).]
8.  Subproducer.
"Subproducer" means a producer who, for shared commission or other recompense, places business with a controlled insurer through a controlling producer.
[PL 2017, c. 169, Pt. E, §7 (AMD).]
SECTION HISTORY
PL 1991, c. 828, §33 (NEW). PL 1997, c. 457, §53 (AMD). PL 1997, c. 457, §55 (AFF). PL 2017, c. 169, Pt. E, §§2-7 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 77: BUSINESS TRANSACTED WITH PRODUCER-CONTROLLED PROPERTY OR CASUALTY INSURER › 24-A §6403. Applicability

§6403. Applicability
This chapter applies to licensed property or casualty insurers, either domiciled in this State or domiciled in a state that is not an accredited state with a substantially similar law in effect. Section 222, to the extent not modified by this chapter, continues to apply to all parties within holding company systems subject to this chapter.   [PL 2017, c. 169, Pt. E, §8 (AMD).]
SECTION HISTORY
PL 1991, c. 828, §33 (NEW). PL 2017, c. 169, Pt. E, §8 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 77: BUSINESS TRANSACTED WITH PRODUCER-CONTROLLED PROPERTY OR CASUALTY INSURER › 24-A §6405. Disclosure

§6405. Disclosure
Before the effective date of any policy placed with a controlled insurer by a controlling producer or a controlling producer's subproducer, the controlling producer shall deliver written notice to the prospective insured disclosing the relationship between the producer and the controlled insurer, except that if the business is placed through a subproducer who is not a controlling producer, the controlling producer shall retain and enforce a signed commitment from the subproducer that the subproducer is aware of the relationship between the insurer and the controlling producer and that the subproducer has notified or will notify the insured.   [PL 2017, c. 169, Pt. E, §10 (AMD).]
SECTION HISTORY
RR 1991, c. 2, §94 (COR). PL 1991, c. 828, §33 (NEW). PL 2017, c. 169, Pt. E, §10 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 77: BUSINESS TRANSACTED WITH PRODUCER-CONTROLLED PROPERTY OR CASUALTY INSURER › 24-A §6406. Penalties

§6406. Penalties
1.  Civil action by superintendent.
If the superintendent has good cause to believe that a controlled insurer or any policyholder of the controlled insurer has suffered any loss or damage resulting from a violation of this chapter, the superintendent may maintain a civil action or intervene in an action brought by or on behalf of the insurer or policyholder for recovery of compensatory damages or other appropriate relief for the benefit of the insurer or policyholder.
A. [PL 2017, c. 169, Pt. E, §11 (RP).]
B. [PL 2017, c. 169, Pt. E, §11 (RP).]
[PL 2017, c. 169, Pt. E, §11 (RPR).]
2.  Civil action by receiver.
If an order for liquidation or rehabilitation of a controlled insurer is entered pursuant to chapter 57 and a receiver is appointed, and the receiver has good cause to believe that the controlling producer or any other person has not complied with this chapter or any rule or order made under this chapter and that the insurer suffered any loss or damage because of that noncompliance, the receiver may maintain a civil action for recovery of damages or other appropriate sanctions for the benefit of the insurer.
[PL 2017, c. 169, Pt. E, §12 (AMD).]
3.  Other action.
Nothing contained in this section affects the right of the superintendent to impose any penalties or other remedies authorized under section 12‑A or other applicable law.
[PL 2017, c. 169, Pt. E, §13 (AMD).]
4.  Other parties.
Nothing contained in this section in any manner alters or affects the rights of policyholders, claimants, creditors or other 3rd parties.
[PL 1991, c. 828, §33 (NEW).]
SECTION HISTORY
PL 1991, c. 828, §33 (NEW). PL 2017, c. 169, Pt. E, §§11-13 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 77: BUSINESS TRANSACTED WITH PRODUCER-CONTROLLED PROPERTY OR CASUALTY INSURER › 24-A §6407. Effective date (REPEALED)

§6407. Effective date
(REPEALED)
SECTION HISTORY
PL 1991, c. 828, §33 (NEW). PL 2017, c. 169, Pt. E, §14 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 79: RISK-BASED CAPITAL STANDARDS › 24-A §6451-A. Applicability to other regulated entities

§6451-A. Applicability to other regulated entities
This chapter applies to fraternal benefit societies authorized to do business in this State pursuant to section 4124, to health maintenance organizations authorized to do business in this State pursuant to section 4204 and to nonprofit hospital or medical service organizations authorized to do business in this State pursuant to Title 24, section 2305.   [PL 2009, c. 511, Pt. E, §1 (RPR).]
1.  Fraternal benefit societies providing life or annuity benefits.
Fraternal benefit societies providing life or annuity benefits are subject to the provisions of this chapter applicable to life or health insurers.
[PL 2009, c. 511, Pt. E, §1 (NEW).]
2.  Fraternal benefit societies providing health benefits.
Fraternal benefit societies providing health benefits are considered health organizations for purposes of this chapter.
[PL 2009, c. 511, Pt. E, §1 (NEW).]
3.  Other licensees.
Health maintenance organizations and nonprofit hospital or medical service organizations are considered health organizations for purposes of this chapter.
[PL 2009, c. 511, Pt. E, §1 (NEW).]
3-A.  Qualified nonprofit health insurance issuers.
Qualified nonprofit health insurance issuers as defined in Section 1322 of the federal Affordable Care Act are considered health organizations for purposes of this chapter.
[PL 2011, c. 364, §35 (NEW).]
4.  Provisions applicable to health organizations.
Except as otherwise expressly provided in this chapter, health organizations are subject to the provisions of this chapter applicable to property and casualty insurers.
[PL 2009, c. 511, Pt. E, §1 (NEW).]
SECTION HISTORY
PL 1999, c. 113, §24 (NEW). PL 2009, c. 511, Pt. E, §1 (RPR). PL 2011, c. 364, §35 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 79: RISK-BASED CAPITAL STANDARDS › 24-A §6455. Authorized control level event

§6455. Authorized control level event
1.  Authorized control level event; defined.
"Authorized control level event" means any of the following events:
A. The filing of a risk-based capital report by the insurer that indicates that the insurer's total adjusted capital is greater than or equal to its mandatory control level risk-based capital but less than its authorized control level risk-based capital;   [PL 1993, c. 634, Pt. A, §1 (NEW).]
B. Provided the insurer does not challenge the adjusted risk-based capital report under section 6457, the notification by the superintendent to the insurer of an adjusted risk-based capital report that indicates the event in paragraph A;   [PL 1993, c. 634, Pt. A, §1 (NEW).]
C. If the insurer, under section 6457, challenges an adjusted risk-based capital report that indicates the event in paragraph A, the notification by the superintendent to the insurer that the superintendent has, after a hearing, rejected the insurer's challenge;   [PL 1993, c. 634, Pt. A, §1 (NEW).]
D. Provided the insurer has not challenged the corrective order under section 6457, the failure of the insurer to respond, in a manner satisfactory to the superintendent, to a corrective order; or   [PL 1993, c. 634, Pt. A, §1 (NEW).]
E. If the insurer has challenged a corrective order under section 6457 and the superintendent has, after a hearing, rejected the challenge or modified the corrective order, the failure of the insurer to respond, in a manner satisfactory to the superintendent, to the corrective order subsequent to rejection or modification by the superintendent.   [PL 1993, c. 634, Pt. A, §1 (NEW).]
[PL 1993, c. 634, Pt. A, §1 (NEW).]
2.  Superintendent duties; authorized control level event.
When an authorized control level event occurs, the superintendent shall:
A. Take those actions that are required under section 6454 regarding an insurer with respect to which a regulatory action level event has occurred; or   [PL 1993, c. 634, Pt. A, §1 (NEW).]
B. If the superintendent considers it to be in the best interests of the policyholders and creditors of the insurer and of the public, take those actions that are necessary to cause the insurer to be placed under regulatory control under chapter 57. If the commissioner takes those actions, the authorized control level event is deemed sufficient grounds for the superintendent to take action under chapter 57, and the superintendent has the rights, powers and duties with respect to the insurer as are set forth in chapter 57. If the superintendent takes actions under this paragraph pursuant to an adjusted risk-based capital report, the insurer is entitled to those protections that are afforded to insurers under the provisions of chapter 57, subchapter II pertaining to summary proceedings.   [PL 1993, c. 634, Pt. A, §1 (NEW).]
[PL 1993, c. 634, Pt. A, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 634, §A1 (NEW).