1.__Prohibited conduct.__A person, insurer, health maintenance organization or nonprofit hospital or medical service organization may not sell or offer for sale in this State a__ health insurance policy or contract or a health care contract or plan that offers benefits that duplicate the health care benefits offered by the Maine Health Care Plan under Title 22, section 372, subsection 3 unless that person, insurer, health maintenance organization or nonprofit hospital or medical service organization has been authorized as an organized delivery system by the Maine Health Care Agency pursuant to Title 22, section 372, subsection 4, paragraph A.__A violation of this section constitutes an unfair and deceptive trade practice under section 2152.

2.__Allowed conduct.__A person, insurer, health maintenance organization or nonprofit hospital or medical service organization may sell or offer for sale in the State a health insurance policy or contract or a health care contract or plan that offers coverage and benefits that are supplemental to and do not duplicate covered health care benefits offered by the Maine Health Care Plan under Title 22, section 372, subsection 3.

Sec. D-2. Effective date. This Part takes effect July 1, 2006 and applies to all policies, contracts and plans delivered or issued for delivery on or after July 1, 2006. For purposes of this section, all contracts are deemed to be renewed no later than the next yearly anniversary of the contract date.

PART E

Sec. E-1. 36 MRSA §4365, as amended by PL 2003, c. 705, §6, is further amended to read:

§4365. Rate of tax

A tax is imposed on all cigarettes imported into this State or held in this State by any person for sale at the rate of 47 49.5 mills for each cigarette. Payment of the tax is evidenced by the affixing of stamps to the packages containing the cigarettes.

Sec. E-2. 36 MRSA §4365-E, as enacted by PL 2001, c. 439, Pt. SSSS, §2, is amended to read:

§4365-E. Application of cigarette tax rate increase effective

December 1, 2005