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Maine.gov > PFR Home > Insurance Regulation > All Hearing Decisions > INS 06-1000 : Hearing Decision
Alessandro A. Iuppa, Superintendent of the Maine Bureau of Insurance (hereinafter “the Superintendent”), issues this Notice of Pending Proceeding and Hearing in the above-captioned matter.
I. PENDING PROCEEDING
Pursuant to 5 M.R.S.A. § 9052, 24-A M.R.S.A. § 230, and Bureau of Insurance Rule chapter 350, the Superintendent hereby gives notice that Anthem Blue Cross and Blue Shield (hereinafter “Anthem”) has filed for approval of proposed revised rates for certain of its individual health insurance products.
Anthem proposes revised rates for its HealthChoice products that it asserts will produce an average increase of 20.5%. As identified in its initial filing, the specific rate revisions range from a 3.3% increase to a 56.8% increase depending on deductible level and type of contract. Anthem requests that these rate revisions become effective on January 1, 2007.
II. PUBLIC HEARING
Pursuant to the authority granted in 24-A M.R.S.A. § 229 and the requirements of 24-A M.R.S.A. § 230, 5 M.R.S.A. § 9052, and Insurance Rule chapter 350 the Superintendent hereby gives notice that he will hold a public hearing in the above-captioned matter at 8:00 a.m. on October 13, 2006, in the Transportation Committee Hearing Room, Room #126, in the Burton M. Cross Building, 111 Sewall Street, Augusta, Maine. Members of the public are invited to attend the hearing.
III. HEARING OBJECTIVE
The purpose of the hearing is to consider whether the revised rates proposed by Anthem are excessive, inadequate, or unfairly discriminatory as set forth in 24-A M.R.S.A. § 2736, and otherwise meet the requirements of the Maine Insurance Code and regulations promulgated thereunder.
At this time, the only party to the proceeding is Anthem. Persons wishing to intervene as parties in this proceeding shall file their applications in writing with the Superintendent no later than 3:00 p.m. (eastern daylight time) on September 18, 2006. If granted party status, an intervenor may immediately commence discovery as provided in Section V below.
Applicants should either hand deliver their applications to Vanessa Leon at the offices of the Bureau of Insurance, 124 Northern Avenue, Gardiner, Maine or mail them to the Superintendent at the following address:
Superintendent of Insurance
Only those persons willing to undertake the responsibilities placed upon parties to an adjudicatory proceeding under Maine law and Bureau of Insurance Rule chapter 350 should seek intervenor status.
An applicant claiming intervention as of right pursuant to 5 M.R.S.A. § 9054(1) shall include in the application a statement either explaining how the applicant is or may be, or is a member of a class that is or may be, substantially and directly affected by the proceeding or identifying the applicant as an agency of federal, state, or local government. Applications for permissive intervention pursuant to 5 M.R.S.A. § 9054(2) shall contain a statement explaining and substantiating the applicant’s interest in the proceeding. The Superintendent will not grant late applications without a compelling demonstration of good cause.
Any party that opposes an application for intervention shall file a statement in opposition to the application with the Superintendent by 1:00 p.m. (eastern daylight time) on September 20, 2006.
Upon being granted party status in this proceeding by the Superintendent pursuant to the intervention procedures of Section IV above, a party may immediately commence discovery by the issuance of information requests as provided for by Insurance Rule Chapter 350(10). Notwithstanding the timelines established by Chapter 350(10)(B)(4), the period for responding to each information request is hereby set at five (5) business days. In cases where timely objection to discovery has been made and the objection is subsequently overruled by the Superintendent, the requested information shall be provided within three (3) business days of receipt of the Superintendent’s ruling on the objection or such other period as may be provided in that ruling.
VI. HEARING PROCEDURE
The Superintendent will conduct this proceeding in accordance with the provisions of the Maine Administrative Procedure Act, 5 M.R.S.A. chapter 375, subchapter 4; 24-A M.R.S.A. §§ 229 to 236; Bureau of Insurance Rule chapter 350; and any rulings of the Superintendent. All parties to this proceeding have the right to present evidence and witnesses at the hearing and have the right to be represented by counsel. Failure of any party to appear may result in disposition by default with respect to that party. The Superintendent, however, may set aside a default for good cause.
The Department of Professional and Financial Regulation does not discriminate on the basis of disability in the admission to, access to or operation of its programs, services or activities. Individuals in need of auxiliary aid for effective communication in this hearing are invited to make their needs and preference known to Vanessa Leon at the Bureau of Insurance, telephone (207) 624-8452, sufficiently in advance of the hearing so that appropriate arrangements can be made.
Last Updated: August 22, 2012
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