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MAINE BUREAU OF INSURANCE
RULEMAKING AGENDA
OCTOBER 2013

AGENCY UMBRELLA-UNIT NUMBER:            02-031

AGENCY NAME: Department of Professional and Financial Regulation, Bureau of Insurance

CONTACT PERSON: Thomas M. Record, Esq., Senior Staff Attorney, 34 State House Station, Augusta, ME  04333-0034. Tel: (207) 624-8424, thomas.m.record@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:  None

CONSENSUS-BASED RULE DEVELOPMENT:  None anticipated

EXPECTED 2013-2014 RULEMAKING ACTIVITY:

 

Life Insurance and Annuities

Amendments to Chapter 340: Mortality Tables for Determining Minimum Reserves and Nonforfeiture Benefits
STATUTORY AUTHORITY:  24-A M.R.S. §§212, 951-958-A and 2528-2534.
PURPOSE: to reflect changes to NAIC Model Regulation
ANTICIPATED SCHEDULE: as time permits
AFFECTED PARTIES: life insurers

Amendment to Chapter 830: Valuation of Life Insurance Policies
STATUTORY AUTHORITY: 24-A M.R.S. §§212, 953 and 957-A
PURPOSE: to reflect changes to NAIC Model Regulation
ANTICIPATED SCHEDULE: as time permits
AFFECTED PARTIES:  life insurers

Amendment to Chapter 915: Annuity Disclosure
STATUTORY AUTHORITY: 24-A M.R.S. §§212 and 2151-B
PURPOSE: to update to reflect agency experience, including disclosure issues surrounding effect of state premium tax on account values, and to reflect development of new Buyer’s Guides.<br />ANTICIPATED SCHEDULE: summer 2014
AFFECTED PARTIES: annuity issuers and purchasers

Amendment to Chapter 917: Suitability in Annuity Transactions
STATUTORY AUTHORITY: 24-A M.R.S. §§212 and 2517>br />PURPOSE: to reflect 2010 changes to NAIC Suitability in Annuity Transactions Model Regulation in order to reflect the Harkins/Meek Amendment to the Dodd-Frank Act.
ANTICIPATED SCHEDULE: fall 2013
AFFECTED PARTIES:  annuity issuers and producers

Health Insurance

Amendment of Rule Chapter 191: Health Maintenance Organizations
STATUTORY AUTHORITY: 24-A M.R.S.A. §§212, 4218 and 4222-A
PURPOSE: to readopt still-relevant provisions of Rule Chapter 750 within this Rule in conjunction with repeal of Rule Chapter 750.
ANTICIPATED SCHEDULE: summer 2014
AFFECTED PARTIES: health maintenance organizations

Repeal of Chapter 271: Reinstitution of Medicare Supplement Coverage
STATUTORY AUTHORITY: 24 M.R.S. § 2328 and 24-A M.R.S.A. §§ 212, 5002, and 5003
PURPOSE: Repeal of a rule that is no longer necessary
ANTICIPATED SCHEDULE: fall 2013
AFFECTED PARTIES: none

Amendment to Chapter 275: Medicare Supplement Insurance
STATUTORY AUTHORITY:  24 M.R.S.A. § 2317-B and 24-A M.R.S.A. §§ 212, 2413(1)(F), 4207(9), 5002-A, 5002-B, 5005, 5010-A, and 5011; 2013 Resolve 19
PURPOSE: to address availability of supplemental coverage for those persons moving from Medicare Advantage to Medicare Parts A and B, to clarify regarding what it means to be enrolled in MaineCare and provisions relating to residency requirements and pre-existing conditions.
ANTICIPATED SCHEDULE: fall 2013
AFFECTED PARTIES:  Medicare supplement insurers, senior citizens

Amendment to Chapter 420: Nursing Home Care Insurance and Long-Term Care Insurance
STATUTORY AUTHORITY: 24-A M.R.S.A. §§ 212, 5052, 5053, 5078 and 5083
PURPOSE: to establish claims handling standards analogous to those provided for in Rule Ch. 425
ANTICIPATED SCHEDULE:  fall 2013
AFFECTED PARTIES:  long-term care insurers

Amendment to Chapter 425: Long-Term Care Insurance
STATUTORY AUTHORITY: 24 M.R.S.A. §§ 2316 and 2321 and by 24-A M.R.S.A. §§ 212, 2412, 2413, 2414, 2736, 5071, 5072, 5073, 5074, 5075, 5077, 5078, 5080 and 5083.
PURPOSE: to establish claims handling standards as required by 2013 PL c. 278.
Anticipated Schedule: fall 2013
AFFECTED PARTIES: long-term care insurers

Amendment to Rule Chapter 580: Third Party Notice of Cancellation
STATUTORY AUTHORITY:  24 M.R.S.A. § 2370 and 24‑A M.R.S.A. §§ 212, 2707-A, 2847-C, 4212(2), 4222-A, and 5016
PURPOSE:  to reflect statutory change enacted by 2013 Resolve c. 39.
ANTICIPATED SCHEDULE: spring 2014
AFFECTED PARTIES:  health insurance carriers

Repeal of Rule Chapter 750: Standardized Health Plans
STATUTORY AUTHORITY:  (Part 1)24 M.R.S. Chapter 19, and Title 24-A M.R.S. §§212, 2736-C(6)(F), 2736-C(8), 4222-A and 4222-B.
(Part II 24-A M.R.S. §§212, 4202-A(1) and 4204(2-A)(O)
PURPOSE: to reflect 2011 PL c. 90 and the Affordable Care Act; to be done in conjunction with amendment of Rule Ch. 191
ANTICIPATED SCHEDULE: spring 2014
AFFECTED PARTIES:  health carriers, individual health insurance purchasers

Amendment to Rule Chapter 940: Requirements for Health Insurance Rate Filings and Data Reporting
STATUTORY AUTHORITY: 24 M.R.S.A. §2321 and 24‑A M.R.S.A. §§ 212, 405-A(2)(E), 2413, 2736, 2736-C, 2808-B, 2839, 4207, and 4309-A
PURPOSE: to reflect changes in the process for health insurance rating and rate filings resulting from rules adopted under the Affordable Care Act.
ANTICIPATED SCHEDULE: winter 2014
AFFECTED PARTIES: health carriers

Amendment to Rule Chapter 945:  Annual Report Supplement for Health Insurers
STATUTORY AUTHORITY:  24-A M.R.S.A. §§212 and 423-D
PURPOSE: to coordinate with the recently developed Supplemental Exhibit filed with Annual Statements as part of the Affordable Care Act data collection efforts.
ANTICIPATED SCHEDULE: summer 2014
AFFECTED PARTIES: health insurers

New Rule: Navigator Certification and Training for Health Benefit Exchanges
STATUTORY AUTHORITY: 24-A M.R.S.A. §§212 and 2188
Purpose: to reflect 2011 PL c. 90 and 2013 PL c. 388 by establishing certification and training requirements for persons serving as navigators to health benefit exchanges
ANTICIPATED SCHEDULE: pending
AFFECTED PARTIES: navigators

New Rule: Insurance Carrier Medical Provider Profiling Programs
STATUTORY AUTHORITY: 24-A M.R.S.A. §§212 and 4303-A.
PURPOSE: to reflect 2013 PL c. 383 by establishing requirements for the disclosure of profiling program data by a carrier to a medical provider
ANTICIPATED SCHEDULE: winter 2014
AFFECTED PARTIES: health carriers, medical providers  

New Rule: Health Plan Explanations of Benefits
STATUTORY AUTHORITY: 24-A M.R.S.A. §§212 and 4303(13)
PURPOSE: to establish the minimum information and standards for explanation of benefits forms used by carriers
ANTICIPATED SCHEDULE: summer 2014
AFFECTED PARTIES: health carriers

Property and Casualty Insurance

Amendment to Rule Chapter 390, Motor Vehicle Insurance Identification Cards
STATUTORY AUTHORITY:  24-A M.R.S. §§ 212 and 2412(7).
PURPOSE:  to provide standards for electronic proof of motor vehicle insurance
ANTICIPATED SCHEDULE: fall 2013
AFFECTED PARTIES: motor vehicle insurers, law enforcement, Secretary of State’s Office

Amendment to Rule Chapter 630, Rural Medical Access Program
STATUTORY AUTHORITY: 24-A M.R.S.A. §§ 212, 229(1), 6305 and 6311
PURPOSE:  to tie the assessment to program funding needs
ANTICIPATED SCHEDULE: fall 2013
AFFECTED PARTIES:  physicians

New Rule: Group Property and Casualty Insurance
STATUTORY AUTHORITY:  24-A M.R.S. §§ 212, 2951 – 2953.
PURPOSE: to adopt rules establishing requirements for group property and casualty policies consistent with Chapter 40-A and specifying additional types of insurance that may be issued on a group basis and the types of groups that may be policyholders.
ANTICIPATED SCHEDULE:  fall-winter 2013
AFFECTED PARTIES:  property and casualty insurers

New Rule: Hurricane Deductibles
STATUTORY AUTHORITY: 24-A M.R.S.A. §§212 and 3061
PURPOSE: to adopt standards and procedures for insurers that use hurricane deductibles
ANTICIPATED SCHEDULE: fall-winter 2013
AFFECTED PARTIES: property insurers

Financial Regulation of Insurers

Amendments to Chapter 180: Insurance Holding Company Systems
STATUTORY AUTHORITY: 24-A M.R.S.A. §§212 and 222
PURPOSE: to update the rule in light of 2013 PL c. 238
ANTICIPATED SCHEDULE: winter 2014
AFFECRTED PARTIES: domestic insurers and their controlling interests

Amendments to Chapter 710: Standards for Determining Hazardous Financial Condition for Insurance Companies
STATUTORY AUTHORITY: 24-A M.R.S. §§212, 417 and 3423.
PURPOSE: to update in light of changes to national standards
ANTICIPATED SCHEDULE: winter 2014
AFFECTED PARTIES: insurers

Amendments to Chapter 740: Credit for Reinsurance
STATUTORY AUTHORITY: 24-A M.R.S. §§212 and 731-B
PURPOSE: to update in light of changes to national standards
ANTICIPATED SCHEDULE: winter 2014
AFFECTED PARTIES: insurers

New Rule: Risk Retention Groups
STATUTORY AUTHORITY: 24-A M.R.S.A. §§212 and 6718
PURPOSE: to adopt financial and corporate governance standards applicable to Maine domestic risk retention groups
ANTICIPATED SCHEDULE: winter 2014
AFFECTED PARTIES: domestic risk retention groups

Miscellaneous

AMENDMENTS TO CHAPTER 920: Reporting of Fraudulent Insurance Acts
STATUTORY AUTHORITY: 24-A M.R.S. §§212 and 2186
PURPOSE: to update current reporting form and instructions to address ambiguities
ANTICIPATED SCHEDULE: spring 2014
AFFECTED PARTIES: Insurers

Last Updated: October 18, 2013