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02-031
Department of Professional and Financial Regulation
Bureau of Insurance

2001-2002 Regulatory Agenda

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

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: Amendments to Rule Chapter 750, adopted August 28, 2001

CONSENSUS-BASED RULE DEVELOPMENT: It is not anticipated that consensus-based rule development within the meaning of 1999 P.L. c. 307 will be used in formulating any of the proposals listed below.

EXPECTED 2001-2002 RULEMAKING ACTIVITY:

Workers' Compensation Insurance

Chapter 530: Provisional Medical or Disability Insurance Payments to Worker's Compensation Claimants
STATUTORY AUTHORITY: 39-A M.R.S.A 222
PURPOSE: to make rule consistent with amendments to the authorizing statute enacted by 2001 PL c. 103 and to clarify applicability as to dependent's coverage as well as regarding the extent to which health insurer's may require claimant's to pursue their worker's compensation claims.
ANTICIPATED SCHEDULE: December 31, 2001
AFFECTED PARTIES: Injured workers, health carriers, workers compensation carriers

Chapter 700: Worker's Compensation Apportionment Arbitration
STATUTORY AUTHORITY: Repealed
PURPOSE: to repeal rule with respect to which the underlying statutory authority has been repealed pursuant to 1999 PL c. 354.
ANTICIPATED SCHEDULE: December 31, 2001
AFFECTED PARTIES: Worker's compensation insurers and self-insurers, attorneys, arbitrators.

Property and Casualty Insurance

New Rule: Consumer Credit Insurance Policies
STATUTORY AUTHORITY: 24-A M.R.S.A 2865
PURPOSE: To establish specific requirements and rating standards for consumer credit insurance policies
ANTICIPATED SCHEDULE: Fall 2002
AFFECTED PARTIES: Property and casualty insurers that issue credit insurance policies; consumers.

Health Insurance

Chapter 220: Credit Life and Health Insurance
STATUTORY AUTHORITY: 24-A M.R.S.A. Chapter 37
PURPOSE: To amend current rule to clarify procedures for rate deviations and refund calculations and to specify what constitutes "premiums" for purposes of determining the maximum permissible commission level
ANTICIPATED SCHEDULE: June 2002
AFFECTED PARTIES: Consumers who purchase credit insurance, credit life and health insurers

Chapter 360: Requirements Applicable to Preferred Provider Arrangements
STATUTORY AUTHORITY: 24-A M.R.S.A. 2673-A (3)
PURPOSE: To make the rule consistent with the enactment of 2000 Public Law c. 609 (An Act to Update and Amend the Preferred Provider Arrangement Act) and 2001 Public Law c. 369, (An Act to Create an Alliance for the Purpose of Purchasing Health Insurance).
ANTICIPATED SCHEDULE: December 31, 2001
AFFECTED PARTIES: Preferred Provider Arrangements.

Chapter 420: Nursing Home Care Insurance and Long Term Care Insurance
STATUTORY AUTHORITY: 24-A M.R.S.A. 505 and 5053
PURPOSE: to update in light of NAIC Model Regulation requirements relating to nonforfeiture values and other standards as required by 1999 PL chapters 292 and 521.
ANTICIPATED SCHEDULE: December 2001
AFFECTED PARTIES: General public and long term care insurers and updates should encourage products to be more attractive and desirable

Chapter 750: Standard and Basic Plans
STATUTORY AUTHORITY: 24-A M.R.S.A. 4202-A(1)
Purpose: to comply with legislative mandate for the Superintendent to adopt rules establishing minimum standards specifically applicable to HMO contracts
ANTICIPATED SCHEDULE: To be completed by November 28, 2001
AFFECTED PERSONS: Health maintenance organizations, providers contracting with HMOs, and members of HMOs.

Chapter 840: Private Purchasing Alliances
STATUTORY AUTHORITY: 24-A M.R.S.A. 212, 1952-57 and 2808-B (2)(F)
PURPOSE: To amend current rule to reflect several statutory changes
ANTICIPATED SCHEDULE: December 31, 2001
AFFECTED PARTIES: Persons attempting to create private purchasing alliances

Chapter 850: Health Plan Accountability
STATUTORY AUTHORITY: 24-A M.R.S.A. 2772, 2774, 4218, 4222-A and 4309 and 1999 PL c. 742, 20.
PURPOSE: to make major substantive revisions in light of experience with the rule since its adoption and to make routine technical revisions to the rule to make it consistent with the Patient Bill of Rights
ANTICIPATED SCHEDULE: to be completed by February 1, 2002
AFFECTED PARTIES: Health Plans and covered persons

Chapter 940: Requirements for Health Insurance Rate Filings and Data Reporting
STATUTORY AUTHORITY: 24 M.R.S.A. 2321, 24-A M.R.S.A. 212, 2413, 2736, 2736-C, 2808-B and 4207
PURPOSE: to amend current rule to reflect statutory changes enacted by 2001 Public Law c. 432
ANTICIPATED SCHEDULE: December 31, 2001
AFFECTED PARTIES: Health Insurers

NEW RULE: Individual Accident and Sickness Insurance- Minimum Standards
STATUTORY AUTHORITY: 2001 Public Law c. 258
PURPOSE: to adopt the NAIC Model Regulation to Implement the Accident and Sickness Insurance Minimum Standards Model Act ANTICIPATED SCHEDULE: Fall 2002
AFFECTED PARTIES: Health Insurers

Miscellaneous

Chapter 230: Requirements for a Certificate of Authority
STATUTORY AUTHORITY: 24-A M.R.S.A. 212
PURPOSE: to implement clarifying changes recommended during Rule Review Process and other miscellaneous changes
ANTICIPATED SCHEDULE: June 2002
AFFECTED PARTIES: Applicants for authority to transact insurance

Chapter 740: Credit for Reinsurance
STATUTORY AUTHORITY: 24-A M.R.S.A. 731-B
PURPOSE: to reflects statutory changes enacted by 2001 P.L. c. 47
ANTICIPATED SCHEDULE: June 2002
AFFECTED PARTIES: Insurers and Companies writing Reinsurance

Chapter 890: Consumer Complaint Ratios
STATUTORY AUTHORITY: 24-A M.R.S.A. 216 (2)
PURPOSE: to reflect changes enacted to underlying statute by 2001 PL c. 165
ANTICIPATED SCHEDULE: December 31, 2001
AFFECTED PARTIES: Homeowners, Automobile and Health Insurers

NEW RULE: Privacy
STATUTORY AUTHORITY: 24-A M.R.S.A. 2220
PURPOSE: to carry out the purposes of the Insurance Information and Privacy Act
ANTICIPATED SCHEDULE: Spring 2002
AFFECTED PARTIES: Insurers, Insurance Consumers



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