| (b) The superintendent shall find that the | replacement is in the best interests of the | policyholders; and |
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| (c) The carrier shall provide notice to the | policyholder and, if a group policy, to the | insureds at least 90 days before replacement; or |
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| H. In renewing a large group policy in accordance with this | section, a carrier may modify the coverage, terms and | conditions of the policy consistent with other applicable | provisions of state and federal laws as long as the | modifications are applied uniformly to all policyholders of | the same product. This paragraph does not apply to | individual or small group policies.; or |
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| | Sec. A-2. 24-A MRSA §2850-B, sub-§3, ķI is enacted to read: |
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| I.__In renewing an individual or small group policy in | accordance with this section, a carrier may make minor | modifications to the coverage, terms and conditions of the | policy consistent with other applicable provisions of state | and federal laws as long as the modifications meet the | conditions specified in this paragraph and are applied | uniformly to all policyholders of the same product.__ | Modifications not meeting the requirements in this paragraph | are considered a discontinuance of the product pursuant to | paragraph G. |
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| (1)__A modification pursuant to this paragraph must be | approved by the superintendent. The superintendent | shall approve the modification if it meets the | requirements of this section. |
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| (2)__A change in a requirement for eligibility is not a | minor modification pursuant to this paragraph if the | change results in the exclusion of a class or category | of enrollees currently covered. |
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| (3)__Benefit modifications required by law are deemed | minor modifications for purposes of this paragraph. |
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| (4)__Benefit modifications other than modifications | required by law are minor modifications only if they | meet the requirements of this subparagraph. For | purposes of this subparagraph, changes in conditions or | requirements specified in the policy, such as | preauthorization requirements, are considered benefit | modifications. |
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