A private purchasing alliance may not market, sell, offer or arrange for a package of one or more health benefit plans underwritten by one or more carriers without first being licensed by the superintendent. The superintendent shall specify by rule standards and procedures for the issuance and renewal of licenses for private purchasing alliances. A rule may require an application fee of not more than $400 and an annual license fee of not more than $100. A license may not be issued until the rulemaking required by this chapter has been undertaken and all required rules are in effect. Dirigo Health, as established in chapter 87, is exempt from the licensure requirements of this section as an independent executive agency of the State.

Sec. E-9. 24-A MRSA §2736, sub-§3, ¶B, as enacted by PL 1997, c. 344, §8, is amended to read:

B. The insurer must demonstrate in accordance with generally accepted actuarial principles and practices consistently applied that, as of a date no more than 210 days prior to the filing, the ratios of benefits incurred to premiums earned for those products average no less than 80% for the previous 12-month period. For the purposes of this calculation, any savings offset payments paid pursuant to section 6913 must be treated as incurred claims.

Sec. E-10. 24-A MRSA §2736, sub-§4, ¶C, as enacted by PL 1997, c. 344, §8, is amended to read:

C. In any hearing conducted under this subsection, the Bureau of Insurance and any party asserting that the rates are excessive have the burden of establishing that the rates are excessive. The burden of proving that rates are adequate and, not unfairly discriminatory and in compliance with the requirements of section 6913 remains with the insurer.

Sec. E-11. 24-A MRSA §2736-A, as repealed and replaced by PL 1979, c. 558, §8, is amended to read:

§2736-A. Hearing

If at any time the superintendent has reason to believe that a filing does not meet the requirements that rates shall not be excessive, inadequate or, unfairly discriminatory or not in compliance with section 6913 or that the filing violates any of the provisions of chapter 23, he the superintendent shall cause a hearing to be held.