| A health maintenance organization authorized pursuant to | chapter 56 may impose penalties in its 2 standardized small | group health plans through its utilization review procedures | that apply per admission or per encounter.__Those penalties | must be consistent with the normal requirements applicable to | benefits in that health maintenance organization. |
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| | Sec. 11. 24-A MRSA §2808-B, sub-§9, as enacted by PL 1993, c. 325, | §1, is repealed and the following enacted in its place: |
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| | 9.__Reinsurance mechanism.__Small group carriers shall | participate in a reinsurance pool for the purpose of | reinsuring small group risks.__The participants in the plan of | operation of the pool shall guarantee, without limitation, the | solvency of the pool.__That guarantee constitutes a permanent | financial obligation of each participant on a pro rata basis. |
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| | Sec. 12. 24-A MRSA §2808-B, sub-§10 is enacted to read: |
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| | 10.__Minimum return of aggregate premiums.__For all policies | issued on or after October 15, 2003, the Superintendent of | Insurance shall disapprove any premium rates filed by any | carrier, whether initial or revised, for a small group health | policy unless it is anticipated that the aggregate benefits | estimated to be paid under all the health insurance policies | maintained in force by the carrier for the period for which | coverage is to be provided will return to policyholders at | least 85% of the aggregate premiums collected for those | policies, as determined in accordance with accepted actuarial | principles and practices and on the basis of incurred claims | experience and earned premiums. |
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| | Sec. 13. 24-A MRSA §4202-A, sub-§1, as amended by PL 2001, c. 218, | §1, is further amended to read: |
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| | 1. Basic health care services. "Basic health care | services" means health care services that an enrolled | population might reasonably require in order to be maintained | in good health and includes, at a minimum, emergency care, | inpatient hospital care, inpatient physician services, | outpatient physician services, ancillary services such as x- | ray services and laboratory services and all benefits mandated | by statute and mandated by rule applicable to health | maintenance organizations. The superintendent may adopt rules | defining "basic health care services" to be provided by health | maintenance organizations. In adopting such rules, the | superintendent shall consider the coverages that have | traditionally been provided by health maintenance | organizations; the need for flexibility in the marketplace; | and the importance of providing multiple options to employers | and consumers. The superintendent may not shall require |
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