Title 24-A, Title 24-A

1. Purchase from risk retention group; insurer; licensed agent or broker. A purchasing group may purchase insurance from a risk retention group that is chartered in a state or, in the case of product liability or completed operations liability coverage, that qualifies under secti…

The superintendent is authorized to make use of any of the powers established under the Maine Insurance Code as long as those powers are not specifically preempted by the Product Liability Risk Retention Act of 1981, as amended by the Risk Retention Amendments of 1986. This inclu…

A risk retention group which violates any provision of this Act will be subject to fines and penalties applicable to licensed insurers generally, including revocation of its license or the right to do business in this State.

Any person acting, or offering to act, as an agent or broker for a risk retention group or purchasing group, which solicits members, sells insurance coverage, purchases coverage for its members located within the State or otherwise does business in this State shall, before commen…

An order issued by any district court of the United States enjoining a risk retention group from soliciting or selling insurance or operating in any state, or in all states or in any territory or possession of the United States, upon a finding that such a group is in a hazardous …

The superintendent may establish and from time to time amend such rules relating to risk retention groups as may be necessary or desirable to carry out the provisions of this Act.

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1987, c. 482, §1 (NEW).] 1. Actuary. "Actuary" means a member of the American Academy of Actuaries who is also a member of the Society of Actuaries or the Casualt…

1. Requirement. No person or entity may offer continuing care in this State except a provider having obtained an appropriate certificate of authority issued by the superintendent pursuant to this chapter and then in full force and effect. 2. Use of name. No natural person, partne…

1. Preliminary certificate of authority. The superintendent shall issue a preliminary certificate of authority, which shall be valid for no more than 12 months, but which the superintendent may extend for such reasonable time as necessary when the following conditions have been m…

1. Deposit of funds. When funds are required to be deposited in an escrow account pursuant to section 6203, the following apply. A. The escrow account must be established in a bank or trust company authorized to do business in this State within the meaning of Title 9‑B, section 1…

Any provider who has obtained a certificate of authority from the superintendent and who plans neither to renew existing agreements nor to offer new agreements shall submit a withdrawal plan to the superintendent at least 60 days prior to implementing its proposed plan. The plan …

1. Complaint to District Court. The superintendent may file a complaint with the District Court seeking the suspension or revocation of any certificate of authority issued to a provider under this chapter if the superintendent finds, or the department certifies, that any of the f…

1. General provisions. In addition to such other provisions as may be prescribed by rules promulgated under this chapter, each continuing care agreement executed between a subscriber and a provider shall: A. State the name and business address of the provider; [PL 1987, c. 482, §…

Pursuant to a continuing care agreement, a subscriber may purchase or may be the beneficiary of a purchase of a condominium as defined in Title 33, section 1601‑103, subsection 7. With respect to a continuing care agreement pursuant to which a condominium will be purchased the fo…

As part of the continuing care agreement, a subscriber may purchase or acquire or be the beneficiary of a purchase or acquisition of a membership interest or share or shares in an incorporated or unincorporated group organized on a cooperative basis subject to the requirements of…

1. Disclosure statement required. A provider shall provide a disclosure statement to a prospective subscriber or the person with whom the provider shall enter into an agreement to provide continuing care for the benefit of a prospective subscriber at least 10 days prior to the tr…

1. Right to terminate. A subscriber shall have the right to terminate a continuing care agreement for any reason prior to the date of occupancy by the subscriber or up to one year after the date of occupancy. The provider may reserve the right to terminate the agreement as specif…

No act, agreement or statement of any subscriber constitutes a valid waiver of any of the provisions of this chapter, or any rules under this chapter, intended for the benefit or protection of the subscriber.

No agreement for continuing care shall permit dismissal or permanent discharge of the subscriber from the facility providing care prior to the expiration of the agreement without just cause for such a removal and without providing at least 60 days' advance notice in writing to th…

1. Action for damages. Any subscriber injured by a violation of this chapter may bring an action for the recovery of damages in any court of competent jurisdiction. In those cases, the court may award reasonable attorneys fees to a subscriber in whose favor a judgment is rendered…

The superintendent and the department, as provided in this section, shall administer this chapter and may: [PL 1987, c. 482, §1 (NEW).] 1. Forms. Prescribe, prepare and furnish all necessary forms; 2. Fees. Establish and collect reasonable fees under this chapter; and 3. Rules. A…

A provider shall establish and maintain the following reserves: [PL 1995, c. 625, Pt. A, §29 (NEW).] 1. Mortgage debt. A liquid amount equal to the aggregate amount of all principal and interest payments due during the fiscal year on any mortgage loan or other long-term financing…

Any provider desiring to sell or transfer ownership of a continuing care facility shall notify the superintendent and the acquiring interest shall obtain the superintendent's advance approval of the sale or transfer. The certificate of authority is nontransferable. The new owner …

1. Cease and desist order. The superintendent may issue an order directing a provider to cease and desist from engaging in any act or practice in violation of this chapter. 2. Superior Court. In the case of any violation under this chapter, if the superintendent elects not to iss…

Every provider shall provide to its subscribers within 120 days following the close of its first fiscal year of operation: [PL 1987, c. 482, §1 (NEW).] 1. Statement of financial condition. The most recent certified annual statement of financial condition, including a balance shee…

The provider shall conform its investment strategy to the standards adopted by the superintendent by rule.

All applications, filings and reports required under this chapter shall be treated as public documents, subject to limitations and exceptions provided in Title 1, chapter 13, subchapter I.

Every provider subject to this chapter shall pay to the superintendent the following fees: [PL 1987, c. 482, §1 (NEW).] 1. Initial application. For filing an initial application for a certificate of authority, $1,500; and 2. Annual report. For filing each annual report, $100.

1. Examination by superintendent. The superintendent may make an examination of the affairs of any provider as often as he deems it necessary for the protection of the interests of the people of this State, but not less frequently than once every 3 years. 2. Examination by depart…

The provider shall submit an annual report to the superintendent within 120 days after the end of the provider's fiscal year. The annual report shall include: [PL 1987, c. 482, §1 (NEW).] 1. Financial statements. Financial statements of the provider, including, as a minimum, a ba…

No records or assets of the provider related to the organization of the facility and the provision of services under the continuing care agreement may be removed from this State by the provider, except that the superintendent may consent in writing to the removal of those records…

Any rehabilitation, liquidation or conservation of a provider shall be deemed to be the rehabilitation, liquidation or conservation of an insurance company and shall be conducted under the supervision of the superintendent pursuant to the laws governing the rehabilitation, liquid…

The following provisions apply to applicants seeking to obtain a Certificate of Need from the department for the first Continuing Care Retirement Community Demonstration Project, pursuant to Title 22, chapter 103, and the Demonstration Project Rules as adopted by the department o…

1. Individual rights. All residents of continuing care retirement communities have the following rights: A. The right to self-organize; [PL 1995, c. 452, §33 (NEW).] B. The right to be represented by an individual of their own choice; [PL 1995, c. 452, §33 (NEW).] C. The right to…

A resident of a continuing care retirement community may be transferred to a residential care unit or a bed within the skilled nursing facility under the following conditions: [PL 1995, c. 452, §34 (NEW).] 1. Written consent. With the written consent of the resident or the reside…

This chapter is known and may be cited as the "Rural Medical Access Program."

The purpose of this chapter is to promote perinatal services in underserved areas of the State.

For purposes of this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 931, §5 (NEW).] 1. Insurer. "Insurer" means any insurer authorized to transact insurance in this State and any insurer authorized as a surplus lines…

To provide funds for the Rural Medical Access Program, insurers may collect pursuant to this chapter assessments from physicians licensed and practicing medicine in this State and hospitals and physician's employers located in the State. [PL 2005, c. 122, §2 (AMD).] 1. Assessment…

1. Determination of assessment based on anticipated savings. The amount of the assessment is calculated as follows. A. For policy years beginning on or after July 1, 1990, the superintendent shall determine the amount of the savings in professional liability insurance claims and …

Insurers shall invest assessments collected subject to chapter 13. Interest earned on investments must be credited to the Rural Medical Access Program.

1. Eligibility qualifications. A physician is a qualified physician eligible to participate in the program if that physician: A. Is licensed to practice medicine in the State; [PL 1989, c. 931, §5 (NEW).] B. Accepts and serves Medicaid patients; [PL 1989, c. 931, §5 (NEW).] C. Pr…

The amount of funds available for the program is determined as follows. [PL 1991, c. 734, §5 (AMD).] 1. Available funds. The amount available for the program for policy years beginning on or after July 1, 1990, but before July 1, 1991, is 1/2 of the amount of the assessment deter…

The superintendent may order intercorporate transfers of funds to balance assessments and program payments on an equitable basis among insurers and to provide for payments to eligible self-insureds.

1. Assessments. Physicians, hospitals and physicians' employers aggrieved by an insurer's application of the assessment provided for in this chapter may request a hearing before the superintendent. The hearing must be held in accordance with chapter 3, the Maine Administrative Pr…

The superintendent and the Commissioner of Health and Human Services may adopt rules in accordance with the Maine Administrative Procedure Act to carry out this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchap…