| C.__Following a public hearing held in accordance with the | Maine Administrative Procedure Act and no later than 6 weeks | following the receipt of the board's determination, the | superintendent shall issue an order approving, in whole or | in part, or disapproving the filing made under paragraph B.__ | The board is designated a party to the hearing.__The | superintendent shall approve the filing upon a determination | that the aggregate measurable cost savings filed by the | board are reasonably supported by the evidence in the | record. |
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| | Sec. A-11. 24-A MRSA §6913, sub-§§2 and 3, as enacted by PL 2003, c. | 469, Pt. A, §8, are repealed and the following enacted in their | place: |
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| | 2.__Determination of savings offset amount. The board shall | determine annually a savings offset amount to be paid by health | insurance carriers, employee benefit excess insurance carriers | and 3rd-party administrators, not including carriers and 3rd- | party administrators with respect to accidental injury, specified | disease, hospital indemnity, dental, vision, disability income, | long-term care, Medicare supplement or other limited benefit | health insurance.__The board shall determine the savings offset | amount in accordance with the following: |
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| A. Not later than April of each year, the board shall | prospectively determine the savings offset amount to be | applied during each 12-month calendar year period; |
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| B. To determine the savings offset amount, the board shall | use the criteria and reports described in subsections 7 and | 8; |
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| C. The savings offset amount must reflect and may not exceed | aggregate measurable cost savings, as determined by the | board pursuant to subsection 1; and |
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| D. The savings offset amount calculation is limited to the | amount of funds necessary to provide subsidies pursuant to | section 6912 and to support the Maine Quality Forum | established in section 6951 and may not include general | administrative expenses of Dirigo Health, except for general | administrative expenses of the Maine Quality Forum. |
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| The savings offset amount determined by the board in accordance | with this subsection is the determining factor for inclusion of | savings offset payments in premiums through rate setting review | by the bureau. |
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| | 3. Savings offset payments required from health insurance | carriers, 3rd-party administrators and employee benefit excess |
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