MAINE BUREAU OF INSURANCE
RULEMAKING AGENDA
OCTOBER 2011
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 2011-2012 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.A. §212, 951 to 958-A and 2528 to 2534.
PURPOSE: to reflect changes to NAIC Model Regulation
ANTICIPATED SCHEDULE: fall-winter 2011
AFFECTED PARTIES: life insurers
Amendments to Chapter 585: Life Insurance Third-Party Notice of Cancellation; Rights of Reinstatement for Individuals Afflicted with Organic Brain Disease
STATUTORY AUTHORITY: 24-A M.R.S.A. §212 and 2556
PURPOSE: to reflect changes in underlying statute enacted by 2011 PL c. 123
ANTICIPATED SCHEDULE: fall 2011
AFFECTED PARTIES: life insurers, life insurance policyholders
Amendment to Chapter 830: Valuation of Life Insurance Policies
STATUTORY AUTHORITY: 24-A M.R.S.A. §212, 953 and 957-A
PURPOSE: to reflect changes to NAIC Model Regulation
ANTICIPATED SCHEDULE: fall-winter 2011
AFFECTED PARTIES: life insurers
Amendment to Chapter 917: Suitability in Annuity Transactions
STATUTORY AUTHORITY: 24-A M.R.S.A. §212 and 2517
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-winter 2011
AFFECTED PARTIES: annuity issuers and producers
Health Insurance
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
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: winter-spring 2012
AFFECTED PARTIES: Medicare supplement insurers, senior citizens
Amendment to 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 changes in underlying statute enacted by 2011 PL c. 123
ANTICIPATED SCHEDULE: fall 2011
AFFECTED PARTIES: health insurers, health insurance policyholders
Amendment to or Repeal of Rule Chapter 750: Standardized Health Plans
STATUTORY AUTHORITY: (Part 1) 24 M.R.S.A. Chapter 19, and Title 24-A M.R.S.A. §§212, 2736-C(6)(F), 2736-C(8), 4222-A and 4222-B.
(Part II) 24-A M.R.S.A. §§212, 4202-A(1) and 4204(2-A)(O)
PURPOSE: to reflect 2011 PL c. 90 and the Affordable Care Act
ANTICIPATED SCHEDULE: spring 2012 (after ACA essential benefits are known)
AFFECTED PARTIES: health carriers, individual health insurance purchasers
Amendment to Rule Chapter 755: Health Insurance Classifications, Disclosures and Minimum Standards
STATUTORY AUTHORITY: 24-A M.R.S.A. §§212 and 2717 and Ch. 32-A
PURPOSE: to reflect 2011 PL c. 90
ANTICIPATED SCHEDULE: fall-winter 2011
AFFECTED PARTIES: health insurers and health insurance consumers
Amendment to Rule Chapter 850: Health Plan Accountability
STATUTORY AUTHORITY: 24-A M.R.S.A. §§212 and 4303
PURPOSE: to reflect 2011 PL c. 90, §F-7 and to make provisions relating to grievance procedures and appeals consistent with the Affordable Care Act.
ANTICIPATED SCHEDULE: Fall 2011
AFFECTED PARTIES: health carriers, health care providers, health insurance consumers
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, 2413, 2736, 2736-C, 2808-B, 4207, and 6913(9)
PURPOSE: to reflect 2011 PLs c., 90, 238 and 364
ANTICIPATED SCHEDULE: fall 2011
AFFECTED PARTIES: health insurers
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 reflect 2011 PLs c. 90 and 364
ANTICIPATED SCHEDULE: fall-winter 2011
AFFECTED PARTIES: health insurers
New Rule: Accountable Care Organizations; Pilot Projects
STATUTORY AUTHORITY: 24-A M.R.S.A. §§212 and 4320(2)
PURPOSE: to establish policies and procedures for authorization of pilot projects between health insurance carriers and accountable care organizations as required by 2011 PL c. 270
ANTICIPATED SCHEDULE: prior to December 1, 2011
AFFECTED PARTIES: health insurance carriers, health care providers
New Rule: Maine Guaranteed Access Reinsurance Association Plan of Operation
STATUTORY AUTHORITY: 24-A M.R.S.A. §§212 and 3953(3)
PURPOSE: to establish Plan of Operation for Association if Board of Directors does not act within statutorily specified time. 2011 PL c. 90
ANTICIPATED SCHEDULE: conditional upon actions of Association Board of Directors
AFFECTED PARTIES: Maine Guaranteed Access Reinsurance Association and its member insurers as defined by 24-A M.R.S.A. §3952(6)
New Rule: Maine Guaranteed Access Reinsurance Association Board of Directors Powers and Duties
STATUTORY AUTHORITY: 24-A M.R.S.A. §§212 and 3955(3)
PURPOSE: to establish additional powers and duties for the Board of Directors as are necessary and proper to implement 2011 PL c. 90, Part C.
ANTICIPATED SCHEDULE: as determined necessary
AFFECTED PARTIES: Maine Guaranteed Access Reinsurance Association and its member insurers as defined by 24-A M.R.S.A. §3952(6)
New Rule: Maine Guaranteed Access Reinsurance Association: Claims Payments
STATUTORY AUTHORITY: 24-A M.R.S.A. §§212 and 3961(2)PURPOSE: to facilitate payment of claims by Association to member insurers. 2011 PL c. 90
ANTICIPATED SCHEDULE: as determined necessary
AFFECTED PARTIES: Maine Guaranteed Access Reinsurance Association and its member insurers as defined by 24-A M.R.S.A. §3952(6)
Property and Casualty Insurance
Repeal of Rule 680: Medical Liability Demonstration Project
STATUTORY AUTHORITY: 24-A M.R.S.A. §§ 212 (no authority for continuation of rule exists)
PURPOSE: to repeal a rule relating to a program that has terminated and for which statutory authority no longer exists.
ANTICIPATED SCHEDULE: fall-winter 2011
AFFECTED PARTIES: None
Repeal of Rule Chapter 690: 24 Hour Coverage Pilot Projects
STATUTORY AUTHORITY: 24-A M.R.S.A. §§ 212 (no authority for continuation of the rule exists)
PURPOSE: to repeal a rule for which the statutory authority has been repealed.
ANTICIPATED SCHEDULE: fall-winter 2011
AFFECTED PARTIES: None
New Rule: Group Property and Casualty Insurance
STATUTORY AUTHORITY: 24-A M.R.S.A. §§ 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: winter 2011
AFFECTED PARTIES: Property and casualty insurers
