Sec. 1. 24-A MRSA §235-A is enacted to read:

§235-A.__Rate hearings

A rate hearing must be conducted with respect to all filings of rates, rating formulas and modifications for health insurance policies offered by a carrier in this State in accordance with the requirements of this section.

1.__Criteria for rate hearings.__In any filing of rates, rating formulas and modifications for health insurance policies when the requested rates or modifications exceed the Consumer Price Index by 100% or more, a rate hearing must be conducted pursuant to subsection 2.

2.__Hearings.__A hearing conducted with respect to rate filings must be held in the manner provided for in Title 5, chapter 375, subchapter 4 and meet the requirements in this subsection.

A.__The hearing must be conducted by an impartial administrative hearing officer other than the superintendent or an employee of the bureau.__The hearing officer must have sufficient qualifications in education and professional experience and training to preside over adjudicatory and administrative hearings.

B.__Actuarial staff from the bureau shall provide a written analysis and report to the administrative hearing officer that includes at least the following:

(1)__An opinion as to whether the rates requested by the carrier are reasonable relative to the benefits and coverage offered;

(2)__Information regarding the impact of the requested rates on affordability for policyholders by age group; and

(3)__Identification of any coverage or benefit changes that have occurred during the 2-year period preceding the date of the rate request that would reduce the risks or costs to the carrier.

C.__A report submitted pursuant to paragraph B is a public record as defined in Title 1, section 402, subsection 3 and must be provided to any advocacy panel under subsection 3 involved in a rate hearing at least 40 days prior to the