Maine Code § 24-2301

Purposes
Open in Lexace · Ask the AI about this section
Any corporation organized under special Act of the Legislature, under Title 13, chapter 81 or as a
public benefit corporation under Title 13-B for the following purposes may be authorized by the
superintendent on the terms and conditions provided for in this chapter, except that when such a
corporation was previously organized by special Act of the Legislature, this chapter does not apply
when inconsistent with that Act as previously amended: [PL 2003, c. 171, §9 (AMD).]
1. Nonprofit hospital service plans. To establish, maintain and operate nonprofit hospital service
plans whereby hospital care may be provided by hospitals or groups of hospitals with which such a
corporation has a contract for that purpose to those persons or groups of persons who become
subscribers to that plan under a contract that entitles each subscriber to certain hospital care, and the
hospital or hospitals contracting with such a corporation are governed by this chapter and by the
provisions of Title 24-A that are applicable as provided in this chapter;
[PL 1993, c. 702, Pt. A, §1 (AMD).]
2. Nonprofit medical service plans. To establish, maintain and operate nonprofit medical service
plans whereby medical or surgical service is provided to those persons or groups of persons who
become subscribers to such a plan under contracts with such a corporation, either in the capacity of
principal or in the capacity of agent of other nonprofit medical service corporations or insurance
companies authorized to do business in this State, and the physician or physicians contracting with such
a corporation are governed by this chapter and by the provisions of Title 24-A that are applicable as
provided in this chapter;
[PL 1993, c. 702, Pt. A, §1 (AMD).]
3. Nonprofit health care plans. To establish, maintain and operate nonprofit health care plans
whereby health care services not covered under subsections 1 and 2 may be provided, by institutions
or persons licensed for that purpose by the State, when licensure is required, with which such a
corporation has a contract for that purpose, to those persons or groups of persons who become
subscribers to such a plan under a contract that entitles each subscriber to certain specific health care,
and the institution or persons contracting with such a corporation are governed by this chapter and by
the provisions of Title 24-A that are applicable as provided in this chapter;
[PL 1993, c. 702, Pt. A, §1 (AMD).]
3-A. Integrated medical service plans; indemnity health care contracts; health care plan
administration. A corporation subject to this chapter that maintains a nonprofit hospital service plan,
a nonprofit medical service plan or a nonprofit health care plan in accordance with subsections 1, 2 or
3 may, in addition:
A. Issue and maintain in force indemnity health care contracts whereby persons or groups of
persons who are contract holders may be indemnified by that corporation for expenses for hospital
care, medical or surgical services or other health care services. An indemnity contract issued
pursuant to the authority established by this section is subject to all the requirements relating to
content and interpretation of such policies and contracts that apply to policies of the same kind of
insurance as set forth in Title 24-A; [PL 1993, c. 702, Pt. A, §1 (NEW).]

B. Issue and maintain in force employee benefit excess insurance as defined in Title 24-A, section
707, subsection 1, paragraph C-1 with respect to health insurance and underlying risks that the
corporation is authorized to cover under this chapter; [PL 1999, c. 256, Pt. M, §1 (AMD).]
C. Issue and maintain in force hospital, medical service and health care plans and contracts that
include health care benefits for workplace and nonworkplace injury and illness in accordance with
Title 39-A, section 403, subsection 2; [PL 1993, c. 702, Pt. A, §1 (NEW).]
D. Receive or collect charges, contributions or premiums, adjust or settle claims, and perform
related administrative, management, accounting, bookkeeping and advisory functions on behalf of
any plan, fund or program established or maintained by a plan sponsor, health care services plan,
health maintenance organization, health care provider or insurer, including plans, funds or
programs established or maintained to provide through insurance or alternatives to insurance a type
of life, annuity, health or workers' compensation benefit, except that nothing in this subsection may
be interpreted as authorizing a nonprofit hospital, medical or health care service corporation to
assume insurance risks not related to health care under contracts for life or workers' compensation
insurance or annuities; [PL 1993, c. 702, Pt. A, §1 (NEW).]
E. Establish, maintain, own, merge with, organize and operate a health maintenance organization
directly as a division or line of business of the corporation, or indirectly as a subsidiary or affiliate
of the corporation, pursuant to Title 24-A, chapter 56, which health maintenance organization has
all of the rights and powers and is subject to all of the duties and responsibilities of a separately
organized health maintenance organization under that chapter. A corporation subject to this chapter
that engages in such activities may not be deemed to be practicing medicine and is exempt from
provisions of law relating to the practice of medicine; and [PL 1993, c. 702, Pt. A, §1 (NEW).]
F. Perform, on behalf of others, clerical, bookkeeping, accounting, statistical, management,
personnel, marketing or similar services related to the provision of health care or health care
financing, or establish, maintain, own and operate entities, independently or with others, to perform
such services; [PL 1993, c. 702, Pt. A, §1 (NEW).]
[PL 1999, c. 256, Pt. M, §1 (AMD).]
3-B. Hospital and medical service business exclusive. A hospital or medical service corporation
may not engage in a business other than the business of hospital or medical service corporations as set
forth in this section and in business activities reasonably and necessarily related to that business, except
that:
A. A hospital or medical service corporation may also engage in activities reasonably necessary to
the management, supervision, servicing and protection of its lawful investments; [PL 1993, c.
702, Pt. A, §1 (NEW).]
B. A hospital or medical service corporation may own subsidiaries or subsidiaries owning other
subsidiaries that may engage in the activities under Title 24-A, section 1157; and [PL 1993, c.
702, Pt. A, §1 (NEW).]
C. A hospital or medical service corporation may utilize its facilities to perform administrative
services for a governmental body, unit or agency; [PL 1993, c. 702, Pt. A, §1 (NEW).]
[PL 1993, c. 702, Pt. A, §1 (NEW).]
3-C. Nonprofit purposes. A nonprofit hospital and medical service organization that is authorized
to provide nonprofit hospital service plans under subsection 1, nonprofit medical service plans pursuant
to subsection 2 or nonprofit health care plans pursuant to subsection 3 is a charitable and benevolent
institution, in accordance with Title 5, section 194-A, and a public charity and its assets are held for the
purpose of fulfilling the charitable purposes of the organization, which purposes may include, but are
not limited to, the following: providing access to medical care through affordable health insurance and
affordable managed care products for persons of all incomes; identifying and addressing the State's

unmet health care needs, particularly with respect to medically uninsured and underserved populations;
making services and care available through participating providers; and improving the quality of care
for medically uninsured and underserved populations.
[PL 2003, c. 171, §10 (AMD).]
4. Inadvertent payments. If direct payment is inadvertently made to a hospital, physician or other
provider of medical services or health care by or on behalf of a subscriber or member, a corporation
may reimburse the subscriber up to the amount payable under the plan to a hospital, a physician or other
provider of medical services or health care;
[PL 1993, c. 702, Pt. A, §1 (AMD).]
5. Principal or agent. In order to maintain and operate such plans, contracts, facilities and
services, a corporation may act either in the capacity of principal or agent of other nonprofit hospital
service corporations, insurers, health maintenance organizations, health care services plans, employee
benefit plans, health care and employee benefit plan sponsors and health care providers authorized to
do business in this State;
[PL 1993, c. 702, Pt. A, §1 (AMD).]
6. Contracts and agreements. To contract with any similar corporations in other states for the
joint administration of their business and to enter into reciprocal arrangements for the mutual benefit
of their subscribers;
[PL 1993, c. 702, Pt. A, §1 (AMD).]
7. Administrative services. A corporation has the right to utilize its organization and facilities,
either directly or through another legal entity owned by it and similar corporations located in other
states, to perform services for the United States or State or the units or agencies of either; or any public
charity involved in health care;
[PL 2003, c. 171, §11 (AMD).]
8. Right to contract. The State or any county, city, town or other quasi-municipal corporation
has the same right to contract with a corporation subject to this chapter as it has under Title 24-A,
section 4501 with respect to insurers;
[PL 1993, c. 702, Pt. A, §1 (AMD).]
8-A. Managed care plans. With respect to managed care plans that require subscribers to select
primary care physicians, a corporation subject to this chapter must meet the following requirements:
A. The corporation shall offer to groups of all sizes health benefit plans that meet the requirements
for standardized health plans specified in Bureau of Insurance Rules, Chapter 750; [PL 1993, c.
702, Pt. A, §1 (NEW).]
B. The managed care plan must provide a spectrum of providers and services that meets patient
demand; [PL 1993, c. 702, Pt. A, §1 (NEW).]
C. The managed care plan must provide to its members reasonable access to health care services.
The Superintendent of Insurance shall adopt rules that consider geographical and transportation
problems in rural areas; and [PL 1993, c. 702, Pt. A, §1 (NEW).]
D. The managed care plan must demonstrate a plan for providing services for rural and underserved
populations and for developing relationships with essential community providers. The corporation
must make an annual report to the Superintendent of Insurance regarding the plan. [PL 1993, c.
702, Pt. A, §1 (NEW).]
[PL 1993, c. 702, Pt. A, §1 (NEW).]
9. Indemnity health care contracts.
[PL 1993, c. 702, Pt. A, §1 (RP).]

9-A. Investments. Investments by corporations subject to this chapter are governed by this
paragraph.
A. A corporation subject to this chapter may invest funds in the same manner and to the same
extent as domestic mutual insurers under the provisions of Title 24-A, chapter 13-A and shall
maintain reserves for possible losses or fluctuation in the value of investments as contemplated in
Title 24-A, section 901-A, subsection 2. Those reserves must comprehend, at a minimum, an asset
valuation reserve and an income maintenance reserve calculated by methods that are consistent
with standards that have been adopted by the superintendent for management of investment risk by
life and health insurers. [PL 2001, c. 72, §1 (AMD).]
B. Any limitation stated in Title 24-A, chapter 13-A on the investment powers of a mutual domestic
insurer expressed in relation to the "surplus" of that insurer must be applied to a corporation subject
to this chapter in relation to that corporation's subscriber reserves. [PL 1993, c. 702, Pt. A, §1
(NEW).]
C. Notwithstanding the limitation stated in Title 24-A, section 1156, subsection 2, paragraph D, a
hospital or medical service corporation may invest in real property or interests in real property that
is located in the United States, held directly or evidenced by partnership interests, stock of
corporations, trust certificates or other instruments and acquired:
(1) As an investment for the production of income or to be improved or developed for that
investment purpose; or
(2) For the convenient accommodation of the corporation's business.
After giving effect to any of those investments, the aggregate amount of investments made under
subparagraph (1) may not exceed 20% of the hospital or medical service corporation's total
admitted assets; the aggregate amount of investments made under subparagraph (2) may not exceed
15% of the corporation's total admitted assets; and the aggregate amount of investments made under
this paragraph may not exceed 25% of the corporation's total admitted assets. Investments under
subparagraph (1) in any single property, including improvements on that property, may not in the
aggregate exceed 2% of the corporation's total admitted assets. [PL 1993, c. 702, Pt. A, §1
(NEW).]
D. In addition to the investments permitted under paragraph C, a hospital or medical service
corporation that operates and establishes, maintains, merges with or organizes a health maintenance
organization not organized as a separate legal entity may invest in real estate, including leasehold
estates, for the convenient accommodation of the health maintenance organization's business,
including hospitals, medical clinics, medical professional buildings and any other facility that is to
be used by a provider in the provision of health care or by any other health care provider under
contract with the health maintenance organization, and that facility must be used in the provision
of health care services to members of the health maintenance organization by that provider.
(1) A parcel of real estate acquired under this subsection may include excess space for rent to
others if it is reasonably anticipated that that excess will be required for expansion or if the
excess is reasonably required in order to have one or more buildings that function as an
economic unit.
(2) Real estate subject to this subsection may be subject to a mortgage.
(3) The admitted value of the investment may not exceed the greater of the hospital or medical
service corporation's subscriber reserve or 20% of the corporation's admitted assets, and the
aggregate investment in real estate held under paragraph C and under this paragraph may not
exceed 40% of the corporation's admitted assets, except with the approval of the superintendent
if the superintendent finds that those percentages of the corporation's admitted assets are
insufficient to provide for the convenient accommodation of the health maintenance

organization's business. Investments in any single property, including improvements on that
property, may not in the aggregate exceed 5% of the corporation's total admitted assets. [PL
1993, c. 702, Pt. A, §1 (NEW).]
E. Notwithstanding any provisions of this section and Title 24-A, chapter 13-A allowing other
investments, a corporation subject to this chapter shall maintain cash or investment grade
obligations, as defined in Title 24-A, section 1151-A, that at all times have a fair market value of
not less than 100% of the corporation's liability for claims payable, incurred, but not reported,
claims payable, unpaid claims adjustment expenses, unearned premiums and, as applicable, any
statutory, special or additional reserves provided by the corporation for the benefit of subscribers
as of the close of the corporation's most recent calendar quarter prepared on the basis of statutory
accounting principles. If the corporation's liability for these enumerated items increases more than
10% prior to the end of the calendar quarter, the corporation must, within 10 days of the
determination, reallocate its investments to ensure compliance with this paragraph. [PL 1999, c.
715, §1 (AMD).]
F. The superintendent may establish risk-based capital standards applicable to corporations subject
to this chapter, their subsidiaries and controlled affiliates that engage in health care related business
activities that the parent corporation conducts. [PL 1993, c. 702, Pt. A, §1 (NEW).]
G. A director, officer or employee of a corporation subject to this chapter who receives, collects,
disburses or invests funds in connection with the activities of that organization is responsible for
those funds in a fiduciary relationship to the corporation. [PL 1993, c. 702, Pt. A, §1 (NEW).]
H. For corporations subject to this subsection, the following terms have the following meanings.
(1) "Admitted assets" means those assets owned by the corporation, recognized pursuant to
Title 24-A, section 901-A, reduced in amount by any applicable provision of this Title or Title
24-A. For purposes of applying the investment limitations of Title 24-A, chapter 13-A, the
asset value must be that contained in the annual statement of the corporation as of December
31st of the year next preceding the making of the investment or contained in an audited
financial report, as defined in Title 24-A, section 221-A, of more current origin prepared on
the basis of statutory accounting principles.
(2) "Subscriber reserves" means those reserves held by the corporation for the protection of
subscribers that are the excess of the corporation's assets over its liabilities as set forth in the
annual statement of the corporation as of December 31st of the year next preceding the making
of the investment or contained in an audited financial report, as defined in Title 24-A, section
221-A, of more current origin prepared on the basis of statutory accounting principles; [PL
2001, c. 72, §2 (AMD).]
[PL 2001, c. 72, §§1, 2 (AMD).]
9-B. Conversion to mutual insurer.
[PL 2003, c. 171, §12 (RP).]
9-C. Health maintenance organizations. A corporation subject to this chapter is not required to
maintain separate reserves or surplus with respect to the operations of a health maintenance
organization that is not a separate legal entity. All assets of the corporation must be available to pay
claims arising from corporate operations, with the exception of assets supporting reserves set aside in
accordance with a plan for the continuation of benefits to health maintenance organization members
under Title 24-A, section 4204, subsection 7 and assets supporting additional reserves to the extent
required by rules adopted by the superintendent pursuant to Title 24-A, section 901-A. A hospital or
medical service corporation that establishes and maintains a health maintenance organization not
organized as a separate legal entity shall maintain separate accounting for the health maintenance
organization;
[PL 2001, c. 72, §3 (AMD).]

9-D. Conversion to a domestic stock insurer. Conversion of a nonprofit hospital and medical
service organization as defined in paragraph B, subparagraph (8) to a domestic stock insurer is governed
by this subsection.
A. A nonprofit hospital and medical service organization or other entity authorized by the
superintendent or organized pursuant to this chapter may convert to a domestic stock insurer subject
to the provisions of this subsection. [PL 2001, c. 550, Pt. B, §2 (AMD).]
B. As used in this subsection, unless the context otherwise indicates, the following terms have the
following meanings.
(1) "Charitable trust" has the meaning set forth in Title 5, section 194-A, subsection 1,
paragraph C.
(2) "Charitable trust plan" means the plan submitted to the Attorney General pursuant to Title
5, section 194-A, subsection 5.
(3) "Conversion" means the process by which an organization, with the approval of the
superintendent, converts to a domestic stock insurer pursuant to this subsection.
(4) "Conversion plan" means a written plan that sets forth the provisions required by the
superintendent, that is filed with the superintendent pursuant to this subsection, that sets forth
a complete description of the proposed conversion and that contains sufficient detail to permit
the superintendent to make the findings required under this subsection.
(5) "Converted stock insurer" means the domestic stock insurer resulting from a conversion
pursuant to this subsection.
(6) "Fair market value" means the value of an organization or an affiliate or the value of the
assets of such an entity determined as if the entity had voting stock outstanding and 100% of
its stock were freely transferrable and available for purchase without restrictions. In
determining fair market value, consideration must be given to value as a going concern, market
value, investment or earnings value, net asset value and a control premium, if any.
(7) "Member" means a member of the organization entitled to vote under the articles or bylaws
of the organization.
(8) "Nonprofit hospital and medical service organization" or "organization" means a
corporation or other entity authorized by the superintendent or organized pursuant to this
chapter for the purpose of providing nonprofit hospital service plans within the meaning of
subsection 1, nonprofit medical service plans within the meaning of subsection 2 and any
organization that provides only nonprofit health care plans within the meaning of subsection 3.
(10) "Subscriber" means an individual who has subscribed to one or more of the hospital,
medical or health care service plans or contracts offered or issued by the organization or health
insurance affiliate as defined in section 2308-A through an individual or family policy or group
policy. [PL 2003, c. 171, §13 (AMD).]
C. A nonprofit hospital and medical service organization may, without the need for
reincorporation, amend its charter pursuant to this subsection to become a domestic stock insurer
under and pursuant to the terms and conditions of a conversion plan that complies with this
subsection and is approved by the superintendent after an adjudicatory hearing on the proposed
conversion. Notice of the hearing must be given to the public and the organization's directors or
trustees, officers, employees, members and subscribers, all of whom have the right to appear and
be heard at the hearing. Beginning on the date on which a conversion plan is filed with the
superintendent for approval, the conversion plan must be available for public inspection and
copying at the office of the superintendent, at the principal executive office of the organization that

filed the conversion plan and at other locations the superintendent designates. [PL 1997, c. 344,
§4 (NEW).]
D. Concurrent with the filing of the conversion plan with the superintendent, the organization shall
file a charitable trust plan with the Attorney General pursuant to Title 5, section 194-A and submit
a copy to the superintendent. The organization shall file a copy of the conversion plan with the
Attorney General at the time the organization files the conversion plan with the superintendent.
The superintendent shall commence review of the conversion plan pursuant to this subsection upon
receipt by the superintendent of the Superior Court's approval or approval with modifications of
the charitable trust plan or at such earlier time as the superintendent determines necessary. [PL
1997, c. 344, §4 (NEW).]
E. The superintendent may not issue final approval of a conversion plan unless the superintendent
finds that:
(1) The terms and conditions of the conversion plan are fair and equitable and, in determining
what is fair and equitable, consideration may be given to, but is not limited to, the factors set
forth in paragraph L;
(2) The conversion plan is subject to approval by the vote of not less than 2/3 of the
organization's board of directors;
(3) The conversion plan provides for the issuance of capital stock or assets of the converted
stock insurer or a combination of stock and assets, without consideration, to the charitable trust
equal to 100% of the fair market value of the organization;
(5) Immediately after, and giving effect to the terms of, the conversion, the converted stock
insurer would be in safe and sound financial condition and would have paid-in capital stock
and surplus in amounts not less than the minimum paid-in capital stock and surplus set forth
under Title 24-A, section 410 required of a domestic stock insurer authorized to transact like
kinds of insurance;
(7) The conversion plan provides that during the first 3 years after the conversion, to avoid
dilution of the value of the shares issued in the conversion, the converted stock insurer and its
affiliates may not issue shares greater in seniority, including voting rights or dividends, than
the shares issued under the conversion plan. The superintendent may waive the provisions
contained in this subparagraph if the superintendent, in the superintendent's sole discretion,
determines that the charitable trust has control, as defined in Title 24-A, section 222, of the
converted stock insurer;
(8) The conversion plan is consistent with the charitable trust plan and does not adversely
affect the distribution of the organization's value to the charitable trust; and
(9) The conversion plan complies with all applicable law. [PL 2003, c. 171, §14 (AMD).]
F. The conversion plan must include the proposed articles of incorporation and bylaws of the
converted stock insurer and all references in this subsection to the conversion plan are deemed to
include such instruments. [PL 1997, c. 344, §4 (NEW).]
G. [PL 2003, c. 171, §15 (RP).]
H. The conversion plan sets forth a comparative premium rate analysis of all the organization's
plans and product offerings, comparing actual premium rates for the 3-year period before the filing
of the conversion plan and projected premium rates for the 3-year period following the proposed
conversion. The rate analysis must address the projected impact, if any, of the proposed conversion
upon the cost to subscribers as well as the projected impact, if any, of the proposed conversion
upon the organization's underwriting profit, investment income, tax position and loss and claim

reserves, including the effect, if any, of adverse market or risk selection on reserves. [PL 1997, c.
344, §4 (NEW).]
I. The conversion plan must include an appraisal of the fair market value, or range of values, of
the aggregate equity of the converted stock insurer to be outstanding upon completion of the
conversion plan and, if a range of values, the methodology for fixing a final value coincident with
the completion of the transactions provided for in the conversion plan.
(1) The appraisal must enable determinations of value for purposes of the amount of cash or
other assets that the charitable trust will be entitled to receive, without consideration, under the
provisions of the conversion plan required by paragraph E, subparagraph (3).
(2) The appraisal required by this paragraph must be prepared by persons independent of the
organization, experienced and expert in the area of corporate appraisal and acceptable to the
superintendent. The appraisal must be in form and content acceptable to the superintendent
and contain a complete and detailed description of the elements that make up the appraisal,
justification for the methodology employed and sufficient support for the conclusions reached
in the appraisal.
(3) To the extent that the appraisal is based on a capitalization of the pro forma income of the
converted stock insurer, the appraisal must indicate the basis for determination of the income
to be derived from any proceeds of the sale of stock and demonstrate the appropriateness of the
earnings-multiple used, including assumptions made regarding future earnings growth.
(4) To the extent that the appraisal is based on the comparison of the capital stock of the
converted stock insurer with outstanding capital stock of existing stock entities offering
comparable insurance products, the existing stock entities must be reasonably comparable to
the converting stock insurer in terms of such factors as size, market area, competitive
conditions, profit history and expected future earnings.
(5) In those instances when the superintendent determines that the appraisal is materially
deficient or substantially incomplete, the superintendent may deem the entire conversion plan
materially deficient or substantially incomplete and decline to further process or reject the
application for conversion.
(6) The converting organization shall submit to the superintendent information demonstrating
to the satisfaction of the superintendent the independence and expertise of any person preparing
the appraisal or related materials under this paragraph.
(7) An appraiser may not serve as an underwriter or selling agent under the same conversion
plan and an affiliate of an appraiser may not act as an underwriter or selling agent unless
procedures are followed and representations and warranties made to ensure that an appraiser is
separate from the underwriter or selling agent affiliate and the underwriter or selling agent
affiliate does not make recommendations or in any way have an impact on the appraisal.
(8) An appraiser may not receive any other fee except the fee for services rendered in
connection with the appraisal. [PL 2003, c. 171, §16 (AMD).]
J. A director, officer, agent or employee of the organization or any other person may not receive
any fee, commission or other valuable consideration whatsoever other than that person's usual and
regular salary and compensation for in any manner aiding, promoting or assisting in a conversion
under this section or any related transaction, except as set forth in the conversion plan and approved
by the superintendent. For the purposes of this paragraph, "usual and regular salary and
compensation" does not include any salary, compensation or other economic benefit that is in any
way contingent on completion of the conversion. This paragraph does not prohibit the payment of
reasonable fees and compensation to attorneys-at-law, accountants and actuaries for services

performed in the independent practice of their professions, even though also directors of the
organization. [PL 1997, c. 344, §4 (NEW).]
K. For the purpose of determining whether a conversion plan meets the requirements of this
subsection and any other relevant provisions of this Title and Title 24-A, the superintendent may
employ staff personnel and outside consultants including, without limitation, financial advisors,
investment bankers, actuaries, attorneys and accountants. All costs related to the review of a
conversion plan, including those costs attributable to the use of staff personnel, must be borne by
the organization making the filing. [PL 1997, c. 344, §4 (NEW).]
L. In making a determination under paragraph E, subparagraph (1) as to whether a conversion plan
is fair and equitable, the superintendent shall consider, among other factors, the following:
(1) Whether the conversion plan complies with the provisions of and purposes of this
subsection and any rules of the superintendent that may be adopted under this subsection; and
(2) Whether the conversion plan would adversely affect, in any manner, the services to be
rendered to subscribers. [PL 1997, c. 344, §4 (NEW).]
M. The superintendent may aggregate any transactions that are part of a plan or series of like
transactions to determine whether those transactions constitute a conversion. [PL 1997, c. 344,
§4 (NEW).]
N. The superintendent, in the superintendent's sole discretion, may determine when an application
for conversion under this subsection is complete and may request additional information from the
organization as the superintendent determines necessary to review the application and conversion
plan. The superintendent may also conduct an examination under Title 24-A, section 221 to obtain
any information the superintendent determines necessary in connection with an application for
conversion or transaction or series of transactions that the superintendent determines constitute a
conversion under paragraph M. The failure of the organization to provide the information or
cooperate in the examination, in addition to other applicable penalties, constitutes grounds for
denial of the application for conversion. [PL 1997, c. 344, §4 (NEW).]
O. The Attorney General has the right to intervene as a party in a proceeding before the
superintendent and, if the Attorney General intervenes, has the right to receive any documents or
other information received by the superintendent in connection with the proceeding. The Attorney
General is subject to all confidentiality provisions that apply to the superintendent. [PL 1997, c.
344, §4 (NEW).]
P. The superintendent may adopt rules, not inconsistent with the provisions of this subsection, the
superintendent determines necessary or desirable and appropriate to effect the purposes of this
subsection. Rules adopted under this subsection are routine technical rules pursuant to Title 5,
chapter 375, subchapter II-A. [PL 1997, c. 344, §4 (NEW).]
[PL 2003, c. 171, §§13-16 (AMD).]
10. Superintendent defined. As used in this chapter "superintendent" means the Superintendent
of Insurance of this State; and
[PL 1993, c. 702, Pt. A, §1 (AMD).]
11. Separate accounts. A hospital or medical services corporation that issues indemnity contracts,
contracts pursuant to hospital, medical or health care service plans or integrated medical service plans
shall maintain separate accounting for each of these lines of business.
[PL 1993, c. 702, Pt. A, §1 (NEW).]

‹ Prev All Maine sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.