Whereas, the Dirigo Health Program enacted in 2003 has resulted in aggregate measurable cost savings of $43.7 million as determined by the Superintendent of Insurance in an adjudicatory ruling on October 29, 2005; and

Whereas, these cost savings will be recovered through the savings offset payment to be paid by insurance carriers, 3rd- party administrators and employee benefit excess insurance carriers; and

Whereas, these cost savings should be reflected in health insurance premium rates for the benefit of premium payers and consumers; and

Whereas, insurance carriers, 3rd-party administrators and employee benefit excess carriers will begin paying the savings offset payment in April 2006; and

Whereas, the amount of the savings offset payment must not be passed on to premium payers and consumers in increased premium rates; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 24-A MRSA §2736-C, sub-§2, ¶F, as enacted by PL 2003, c. 469, Pt. E, §12, is amended to read:

F. A carrier that adjusts its rate shall account for the savings offset payment or any recovery in that the savings offset payment in its experience consistent with this section and section 6913, but the carrier may not adjust its rate to reflect the savings offset payment amount paid by the carrier.

Sec. 2. 24-A MRSA §2808-B, sub-§2-B, ¶D, as enacted by PL 2003, c. 469, Pt. E, §16, is amended to read:

D. A carrier that adjusts its rate shall account for the savings offset payment or any recovery of that the savings offset payment in its experience consistent with this