‘Sec. D-1. 24-A MRSA §2736-C, sub-§2-A is enacted to read:
HP1322 LD 1890 |
First Regular Session - 123rd Legislature - Text: MS-Word, RTF or PDF |
LR 2620 Item 11 |
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Bill Tracking | Chamber Status |
Amend the amendment in Part D by striking out all of section 1 (page 4, lines 16 to 40 and page 5, lines 1 to 24 in amendment) and inserting the following:
‘Sec. D-1. 24-A MRSA §2736-C, sub-§2-A is enacted to read:
Amend the amendment in Part D in section 2 in the chapter headnote in the 2nd line (page 5, line 27 in amendment) by striking out the following: " HIGH-RISK"
Amend the amendment in Part D in section 2 in §3901 in the first paragraph in the first line (page 5, line 30 in amendment) by striking out the following: " High-risk"
Amend the amendment in Part D in section 2 in §3902 in subsection 1 in the first line (page 5, line 35 in amendment) by striking out the following: " High-risk"
Amend the amendment in Part D in section 2 in §3902 in subsection 3 in the 2nd line (page 6, line 2 in amendment) by striking out the following: " exclusive of dependents" and inserting the following: ' including dependents'
Amend the amendment in Part D in section 2 in §3903 in the first line (page 7, line 10 in amendment) by striking out the following: " High-risk"
Amend the amendment in Part D in section 2 in §3903 in subsection 1 in the first line (page 7, line 11 in amendment) by striking out the following: " High-risk"
Amend the amendment in Part D in section 2 in §3903 in subsection 2 in paragraph A in subparagraph (1) in division (b) in the first line (page 7, line 23 in amendment) by striking out the following: " Two members" and inserting the following: ' One member'
Amend the amendment in Part D in section 2 in §3903 in subsection 2 in paragraph A in subparagraph (1) by inserting after division (b) the following:
(c) One member must be the Executive Director of Dirigo Health or the director's designee;
’Amend the amendment in Part D in section 2 in §3903 in subsection 2 in paragraph A in subparagraph (1) by relettering the divisions to read consecutively.
Amend the amendment in Part D in section 2 in §3905 in subsection 1 in paragraph D in the last line (page 8, line 25 in amendment) by inserting after the following: " assets;" the following: ' and'
Amend the amendment in Part D in section 2 in §3905 in subsection 1 in paragraph E in the last line (page 8, line 34 in amendment) by striking out the following: " insurer; and" and inserting the following: ' insurer.'
Amend the amendment in Part D in section 2 in §3905 in subsection 1 by striking out all of paragraph F (page 8, lines 35 to 37 in amendment)
Amend the amendment in Part D in section 2 in §3905 in subsection 2 by striking out all of paragraph E (page 9, lines 13 and 14 in amendment)
Amend the amendment in Part D in section 2 in §3905 in subsection 2 by relettering the paragraphs to read consecutively.
Amend the amendment in Part D in section 2 in §3906 in subsection 3 by striking out all of paragraph B (page 10, lines 17 to 21 in amendment)
Amend the amendment in Part D in section 2 in §3906 in subsection 3 by relettering the paragraphs to read consecutively.
Amend the amendment in Part D in section 2 by striking out all of §3908 (page 12, lines 1 to 27 in amendment) and inserting the following:
‘ § 3908. Requirements for coverage
Amend the amendment in Part D in section 2 in §3909 in subsection 1 in the first and 2nd lines (page 12, lines 29 and 30 in amendment) by striking out the following: " offering the coverage options approved by the association pursuant to section 3908, subsection 1"
Amend the amendment in Part D in section 2 in §3909 in subsection 1 in the 3rd line (page 12, line 31 in amendment) by inserting after the following: " in this subsection" the following: ' for individual health plans designated by the insurer pursuant to section 3908'
Amend the amendment in Part D in section 2 by striking out all of §3910 (page 13, lines 21 to 43 and page 14, lines 1 to 34 in amendment)
Amend the amendment in Part D in section 2 in §3912 by striking out all of subsection 1 (page 15, lines 4 to 22 in amendment) and inserting the following:
Amend the amendment in Part D in section 2 by renumbering the sections to read consecutively.
Amend the amendment in Part D by striking out all of section 3 (page 15, lines 26 to 34 in amendment) and inserting the following:
‘Sec. D-3. Maine Individual Reinsurance Pool Association; staggered terms. Notwithstanding the Maine Revised Statutes, Title 24-A, section 3903, subsection 2, paragraph B, the terms for initial appointments to the Maine Individual Reinsurance Pool Association are as follows. Of those members of the board appointed by the superintendent, 2 members serve for a term of one year, 2 members for a term of 2 years and 2 members for a term of 3 years. Of those members appointed by insurers, one member serves for a term of one year, one member serves for a term of 2 years and one member serves for a term of 3 years. The appointing authority shall designate the period of service of each initial appointee at the time of appointment.
Sec. D-4. Assessment. By January 1, 2012, the Maine Individual Reinsurance Pool Association shall determine whether the maximum assessment provided in the Maine Revised Statutes, Title 24-A, section 3907, subsection 2 is adequate to meet the reinsurance requirements of Title 24-A, chapter 54. The association shall submit a report to the joint standing committee of the Legislature having jurisdiction over insurance matters with its recommendations, if any, for changes to the assessment amount. The committee may submit a bill to the Second Regular Session of the 125th Legislature relating to the assessment.’
Amend the amendment in Part E by striking out all of section 1 (page 15, lines 36 to 41 in amendment)
Amend the amendment in Part E in section 2 by striking out all of paragraph D (page 16, lines 3 to 28 in amendment) and inserting the following:
(1) For all policies, contracts or certificates that are executed, delivered, issued for delivery, continued or renewed in this State between December 1, 1993 and July 14, 1994, the premium rate may not deviate above or below the community rate filed by the carrier by more than 50%.
(2) For all policies, contracts or certificates that are executed, delivered, issued for delivery, continued or renewed in this State between July 15, 1994 and July 14, 1995, the premium rate may not deviate above or below the community rate filed by the carrier by more than 33%.
(3) For all policies, contracts or certificates that are executed, delivered, issued for delivery, continued or renewed in this State after between July 15, 1995 and December 31, 2007, the premium rate may not deviate above or below the community rate filed by the carrier by more than 20%.
(4) For all policies, contracts or certificates that are executed, delivered, issued for delivery, continued or renewed in this State after January 1, 2008, the premium rate may not deviate above the community rate on the basis of age by more than 33% and may not deviate below the community rate on the basis of age by more than 66%.
(5) For all policies, contracts or certificates that are executed, delivered, issued for delivery, continued or renewed in this State after January 1, 2008, the premium rate may not deviate above or below the community rate filed by the carrier on the basis of geographic area and occupation or industry by more than 20%.
Amend the amendment in Part E by inserting after section 3 the following:
‘Sec. E-4. 24-A MRSA §2736-C, sub-§2, ¶H is enacted to read:
Sec. E-5. 24-A MRSA §2736-C, sub-§5, as amended by PL 2003, c. 469, Pt. E, §13, is further amended to read:
Amend the amendment in Part F in section 1 in subsection 3 in the 4th line (page 16, line 39 in amendment) by striking out the following: " High-risk"
Amend the amendment in Part J by striking out all of sections 3 to 5 (page 20, lines 34 to 39 and page 21, lines 1 to 17 in amendment) and inserting the following:
‘Sec. J-3. 24-A MRSA §2839-B, sub-§2, as enacted by PL 2003, c. 469, Pt. E, §17, is amended to read:
Sec. J-4. 24-A MRSA §6908, sub-§1, ¶A, as enacted by PL 2003, c. 469, Pt. A, §8, is amended to read:
Sec. J-5. 24-A MRSA §6908, sub-§2, ¶B, as enacted by PL 2003, c. 469, Pt. A, §8, is amended to read:
Amend the amendment in Part J by striking out all of section 9 (page 21, line 39 and page 22, lines 1 to 3 in amendment)
Amend the amendment in Part J by striking out all of sections 11 and 12 (page 22, lines 6 to 39 and page 23, lines 1 to 7 in amendment)
Amend the amendment in Part J by striking out all of section 13 (page 23, lines 8 to 21 in amendment) and inserting the following:
‘Sec. J-13. 24-A MRSA §6915, as enacted by PL 2003, c. 469, Pt. A, §8 and as amended by PL 2005, c. 386, Pt. D, §3, is further amended to read:
§ 6915. Dirigo Health Enterprise Fund
The Dirigo Health Enterprise Fund is created as an enterprise fund for the deposit of any funds advanced for initial operating expenses, payments made by employers and individuals, any savings offset payments made pursuant to former section 6913 , revenues transferred pursuant to Title 36, sections 4385 and 4403-A and any funds received from any public or private source. The fund may be used by Dirigo Health to exercise its powers and duties pursuant to this chapter. The fund may not lapse, but must be carried forward to carry out the purposes of this chapter.’
Amend the amendment in Part J by striking out all of sections 14 to 16 (page 23, lines 22 to 43 and page 24, lines 1 to 23 in amendment) and inserting the following:
‘Sec. J-14. 36 MRSA §4365, as amended by PL 2005, c. 457, Pt. AA, §1 and affected by §8, 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 100 137.5 mills for each cigarette. Payment of the tax is evidenced by the affixing of stamps to the packages containing the cigarettes.
Sec. J-15. 36 MRSA §4365-F, as enacted by PL 2005, c. 457, Pt. AA, §3 and affected by §8, is repealed.
Sec. J-16. 36 MRSA §4365-G is enacted to read:
§ 4365-G. Application of cigarette tax rate increase effective October 1, 2007
The following provisions apply to cigarettes held for resale on October 1, 2007.
Sec. J-17. 36 MRSA §4366-A, sub-§2, as amended by PL 2005, c. 622, §25 and affected by §34, is further amended to read:
Sec. J-18. 36 MRSA §4385 is enacted to read:
§ 4385. Applications of revenues
Sec. J-19. 36 MRSA §4403, sub-§2, as amended by PL 2005, c. 627, §8, is further amended to read:
Sec. J-20. 36 MRSA §4403-A is enacted to read:
§ 4403-A. Applications of revenues
Amend the amendment in Part K by striking out all of sections 3 to 11 and inserting the following:
‘Sec. K-3. 24-A MRSA §2736, sub-§4, ¶C, as amended by PL 2003, c. 469, Pt. E, §10, is further amended to read:
Sec. K-4. 24-A MRSA §2736-A, as amended by PL 2003, c. 469, Pt. E, §11, is further 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 not be excessive, inadequate, unfairly discriminatory or not in compliance with former section 6913 or that the filing violates any of the provisions of chapter 23, the superintendent shall cause a hearing to be held.
Hearings held under this section must conform to the procedural requirements set forth in the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter 4.
Sec. K-5. 24-A MRSA §2736-C, sub-§2, ¶F, as enacted by PL 2003, c. 469, Pt. E, §12, is amended to read:
Sec. K-6. 24-A MRSA §2808-B, sub-§2-A, ¶C, as enacted by PL 2003, c. 469, Pt. E, §16, is amended to read:
Sec. K-7. 24-A MRSA §2808-B, sub-§2-B, ¶A, as enacted by PL 2003, c. 469, Pt. E, §16, is amended to read:
Sec. K-8. 24-A MRSA §2808-B, sub-§2-B, ¶D, as enacted by PL 2003, c. 469, Pt. E, §16, is amended to read:
Sec. K-9. 24-A MRSA §2808-B, sub-§2-B, ¶F, as enacted by PL 2003, c. 469, Pt. E, §16, is amended to read:
(1) A person requesting a hearing shall provide the superintendent with a written statement detailing the circumstances that justify a hearing, notwithstanding the satisfaction of the criteria in paragraph E.
(2) If the superintendent decides to hold a hearing, the superintendent shall issue a written statement detailing the circumstances that justify a hearing, notwithstanding the satisfaction of the criteria in paragraph E.
(3) In any hearing conducted under this paragraph, the bureau 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, not unfairly discriminatory and in compliance with the requirements of former section 6913 remains with the carrier.
Sec. K-10. 24-A MRSA §6951, first ¶, as enacted by PL 2003, c. 469, Pt. A, §8, is amended to read:
The Maine Quality Forum, referred to in this subchapter as "the forum," is established within Dirigo Health. The forum is governed by the board with advice from the Maine Quality Forum Advisory Council pursuant to section 6952. The forum must be funded, at least in part, through the savings offset payments made pursuant to former section 6913. Except as provided in section 6907, subsection 2, information obtained by the forum is a public record as provided by Title 1, chapter 13, subchapter 1. The forum shall perform the following duties.’
Amend the amendment by striking out all of Part L and inserting the following:
PART L
‘Sec. L-1. Appropriations and allocations. The following appropriations and allocations are made.
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Revenue Services - Bureau of 0002
Initiative: Provides funds for Maine Revenue Services administrative costs associated with the cigarette and other tobacco products tax increase.
GENERAL FUND | 2007-08 | 2008-09 |
All Other
|
$88,000 | $0 |
GENERAL FUND TOTAL | $88,000 | $0 |
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF | ||
DEPARTMENT TOTALS | 2007-08 | 2008-09 |
GENERAL FUND
|
$88,000 | $0 |
DEPARTMENT TOTAL - ALL FUNDS | $88,000 | $0 |
DIRIGO HEALTH
Dirigo Health Fund 0988
Initiative: Deallocates funds for Dirigo Health costs that were funded by the savings offset payment.
DIRIGO HEALTH FUND | 2007-08 | 2008-09 |
All Other
|
$0 | ($13,720,000) |
DIRIGO HEALTH FUND TOTAL | $0 | ($13,720,000) |
Dirigo Health Fund 0988
Initiative: Allocates funds for Dirigo Health costs to be funded by a cigarette and other tobacco products tax increase.
DIRIGO HEALTH FUND | 2007-08 | 2008-09 |
All Other
|
$35,649,622 | $48,014,799 |
DIRIGO HEALTH FUND TOTAL | $35,649,622 | $48,014,799 |
DIRIGO HEALTH | ||
DEPARTMENT TOTALS | 2007-08 | 2008-09 |
DIRIGO HEALTH FUND
|
$35,649,622 | $34,294,799 |
DEPARTMENT TOTAL - ALL FUNDS | $35,649,622 | $34,294,799 |
SECTION TOTALS | 2007-08 | 2008-09 |
GENERAL FUND
|
$88,000 | $0 |
DIRIGO HEALTH FUND
|
$35,649,622 | $34,294,799 |
SECTION TOTAL - ALL FUNDS | $35,737,622 | $34,294,799 |
Amend the amendment by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment does the following.
1. It maintains guaranteed issue in the individual market.
2. It modifies the reinsurance pool to make it clear that individuals will not be placed in a separate risk pool or be covered under different health plans than those available in the individual market. The amendment permits carriers in the individual market to use an individual health assessment to designate persons covered under an individual health plan for inclusion in the reinsurance pool at the time a policy is issued.
3. The amendment requires carriers to account for the impact of the reinsurance pool in rates for individual health plans filed for approval with the Superintendent of Insurance.
4. The amendment modifies the community rating provisions in the committee amendment to permit premium rates to vary on the basis of age up to 33% above or up to 66% below the community rate. The amendment would maintain the requirement in current law that permits premium rates to vary on the basis of geographic area and occupation or industry up to 20% above or below the community rate.
5. The amendment adds a requirement that carriers in the individual market maintain a loss ratio of 78%.
6. The amendment removes the provisions in the committee amendment that impose a 1% assessment on carriers and increase the hospital tax by 1% to fund the Dirigo Health Program. This amendment increases the tax on cigarettes by 75¢ and equalizes the rate of tax on all other tobacco products. The amendment requires that all of the revenues from the tax increases be credited to the Dirigo Health Enterprise Fund to support the Dirigo Health Program.
7. The amendment removes the provision in the committee amendment establishing a voluntary checkoff on individual income tax returns for contributions to the Dirigo Health Enterprise Fund.