RULEMAKING AGENDA
September 2009
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: Emergency Rule Ch. 765, Health Insurance Emergency Planning and Procedures (since replaced by non-emergency rule Ch. 765)
CONSENSUS-BASED RULE DEVELOPMENT: None anticipated
EXPECTED 2007-2008 RULEMAKING ACTIVITY:
Workers' Compensation Insurance
Amendments to Chapter 250: Workers' Compensation Self-Insurance
STATUTORY AUTHORITY: 24-A M.R.S.A. §212 and 39-A M.R.S.A. §403
PURPOSE: to amend current rule to reflect a recent statutory change relating to the working capital offset provision for security calculations and other changes necessary to reflect current business practices..
ANTICIPATED SCHEDULE: Summer-Fall 2010
AFFECTED PARTIES: Workers' Compensation Self-Insurers
Amendments to or Repeal and Replacement of Chapter 560: Workers’ Compensation Insurance – Employee Leasing
STATUTORY AUTHORITY: 24-A M.R.S.A. §§212, 2178, 2364, 2366; 32 M.R.S.A. §14055
PURPOSE: to implement revisions to the NAIC Model Rule on workers’ compensation insurance provided with respect to employee leasing arrangements
ANTICIPATED SCHEDULE: Subject to developments at the NAIC
AFFECTED PARTIES: workers’ compensation insurers, professional employee organizations
Amendment to Chapter 730: Standards for Acceptance of Reinsurance of Workers’ Compensation Self-Insurance
STATUTORY AUTHORITY: Title 24-A M.R.S.A. §§ 212, 222, 410, 412, 413, 421, 422, and 731-B, and Title 39-A M.R.S.A. § 403.
PURPOSE: consistency with amendments to Rule Chapter 740
ANTICIPATED SCHEDULE: Winter-Spring 2010
AFFECTED PARTIES: workers’ compensation self-insurers
Property and Casualty Insurance
None
Health Insurance
Amendments to Rule Chapter 940: Requirements for Health Insurance Rate Filings and Data Reporting
STATUTORY AUTHORITY: 24-A M.R.S.A. §§212, 2736-C(2)(H) and 2007 PL c. 629, Part M
PURPOSE: to reflect new rating rules, pooling requirements and the repeal of the savings offset payment
ANTICIPATED SCHEDULE: Fall 2009
AFFECTED PARTIES: health carriers
Amendments to Rule Chapter 945: Annual Report Supplement for Health Insurers
STATUTORY AUTHORITY: 24-A M.R.S.A. §§212 and 423-D
PURPOSE: to amend the rule to reflect the new assessment on claims enacted by 2007 PL. c. 629 and the repeal of the savings offset payment
ANTICIPATED SCHEDULE: Fall-Winter 2009
AFFECTED PARTIES: health insurers, HMOs
NEW RULE: Physician Performance Measurement, Reporting and Tiering Programs
STATUTORY AUTHORITY: 24-A M.R.S.A. §§211, 212 and 2694-A
PURPOSE: to establish standards for physician performance measurements by and tiering programs of insurers as well as to set forth the reporting format to the Bureau.
ANTICIPATED SCHEDULE: Fall-Winter 2009
AFFECTED PARTIES: health carriers
NEW RULE: Continuity of Coverage
STATUTORY AUTHORITY: 24-A M.R.S.A. §§212, 2849 and 2849-B
PURPOSE: to mirror federal regulations relating to categories of benefits that are covered under a replaced coverage pursuant to laws relating to continuity of coverage
ANTICIPATED SCHEDULE: Spring 2010
AFFECTED PARTIES: health carriers
NEW RULE: Explanation of Health Benefits
STATUTORY AUTHORITY: 24-A M.R.S.A. §212 and 4303(3)
PURPOSE: to set forth the minimum information and standards for explanation of benefits forms used by health carriers
ANTICIPATED SCHEDULE: Winter-Spring 2010
AFFECTED PARTIES: health carriers
Miscellaneous
Amendments to Chapter 160: Eligible Surplus Lines Insurers
STATUTORY AUTHORITY: 24-A M.R.S.A. §212 and Chapter 19
PURPOSE: to update process for applying for surplus lines authority
ANTICIPATED SCHEDULE: Spring 2010
AFFECTED PARTIES: surplus lines insurers
Amendments to Chapter 710: Standards for Determining Hazardous Financial Conditions for Insurance Companies
STATUTORY AUTHORITY: 24-A M.R.S.A. §§ 212, 417, 3423, 3424 and 4351-4407
PURPOSE: to modernize and conform to NAIC initiatives
ANTICIPATED SCHEDULE: as time permits
AFFECTED PARTIES: Insurers
Amendments to Chapter 740: Credit for Reinsurance
STATUTORY AUTHORITY: 24-A M.R.S.A. §731-B
PURPOSE: to modernize and conform to NAIC initiatives
ANTICIPATED SCHEDULE: Spring 2010
AFFECTED PARTIES: Insurers
New Rule: Audit Standards
STATUTORY AUTHORITY: 24-A M.R.S.A. §212, 221-A
PURPOSE: to adopt the NAIC Model Audit Standards
ANTICIPATED SCHEDULE: Fall 2009
AFFECTED PARTIES: insurers
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 possible changes to NAIC Model Regulation
ANTICIPATED SCHEDULE: subject to NAIC developments
AFFECTED PARTIES: life insurers
Amendments to Chapter 830: Valuation of Life Insurance Policies
STATUTORY AUTHORITY: 24-A M.R.S.A. §212, 953 and 957-A
PURPOSE: to reflect possible changes to NAIC Model Regulation
ANTICIPATED SCHEDULE: subject to NAIC developments
AFFECTED PARTIES: life insurers
Amendments to Chapter 780: Actuarial Opinion and Memoranda
STATUTORY AUTHORITY: 24-A M.R.S.A. §212 and 952
PURPOSE: to reflect possible changes to NAIC Model Regulation
ANTICIPATED SCHEDULE: subject to NAIC developments
AFFECTED PARTIES: life insurers and fraternal benefit societies
NEW RULE: Life Insurance Informational Brochure
STATUTORY AUTHORITY: 24-A M.R.S.A. §212 and 6808-A
PURPOSE: to develop informational brochure to be given to life insurance policyholders under circumstances set forth in statute
ANTICIPATED SCHEDULE: Fall 2009, if determined necessary
AFFECTED PARTIES: life insurers
