An Act To Protect Maine Consumers in the Individual Health Insurance Market and Support Maine's Economy
Sec. 1. 24-A MRSA c. 93 is enacted to read:
MAINE HEALTH BENEFIT EXCHANGE ACT
§ 7201. Short title
This chapter may be known and cited as "the Maine Health Benefit Exchange Act."
§ 7202. Maine Health Benefit Exchange established
§ 7203. Relation to other laws
This chapter, and any action taken by the exchange, may not be construed to preempt or supersede the authority of the superintendent to regulate the business of insurance within this State. Except as expressly provided to the contrary, all health carriers offering qualified health plans in this State shall comply fully with all applicable health insurance laws of this State and rules adopted and orders issued by the superintendent.
Sec. 2. Contingent effective date. That section of this Act that enacts the Maine Revised Statutes, Title 24-A, chapter 93 does not take effect unless:
1. The United States Department of Health and Human Services, Internal Revenue Service or other department of the Federal Government notifies the State or citizens of the State or otherwise publicly declares that premium tax credits will become unavailable or are no longer available to individuals purchasing health insurance coverage through the federally facilitated marketplace established pursuant to the federal Patient Protection and Affordable Care Act, Public Law 111-48, as amended by the federal Health Care and Education Reconciliation Act of 2010, Public Law 111-152; and
2. The Superintendent of Insurance notifies the Secretary of State, the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes that, pursuant to subsection 1, notification has been received or public declaration has been made.
This bill establishes the State's health benefit exchange as authorized by the federal Patient Protection and Affordable Care Act. The bill specifies that the exchange's technical functions specified in the federal Patient Protection and Affordable Care Act, including but not limited to operation of the publicly accessible website, telephone hotline, cost calculator and exemption certification process, are to be operated by the Federal Government. The bill authorizes state agencies and departments to interact and cooperate with the Federal Government with respect to the operation of the federally facilitated exchange for the State and to perform any exchange functions necessary to ensure that State residents have continued eligibility for premium tax credits and cost-sharing reductions.
The bill also clarifies that the Superintendent of Insurance retains authority to regulate the business of insurance within the State and that all health insurance carriers offering qualified health plans through the federally facilitated exchange must comply with all applicable health insurance laws of this State and rules adopted and orders issued by the superintendent.
The provisions of this bill take effect only if the Federal Government notifies the State that premium tax credits will become unavailable to people purchasing health insurance through the federally facilitated marketplace.