This subparagraph applies only to an employer applying for group health insurance coverage as a 2- person group on or after October 1, 2001.

Sec. 33. 24-A MRSA §4203, sub-§1, as amended by PL 1995, c. 332, Pt. O, §1, is further amended to read:

1. Subject to the Maine Certificate of Need Act of 1978 2002, a person may apply to the superintendent for and obtain a certificate of authority to establish, maintain, own, merge with, organize or operate a health maintenance organization in compliance with this chapter. A person may not establish, maintain, own, merge with, organize or operate a health maintenance organization in this State either directly as a division or a line of business or indirectly through a subsidiary or affiliate, nor sell or offer to sell, or solicit offers to purchase or receive advance or periodic consideration in conjunction with, a health maintenance organization without obtaining a certificate of authority under this chapter.

Sec. 34. 24-A MRSA §4204, sub-§1, ķA, as repealed and replaced by PL 1979, c. 216, §2, is amended to read:

A. Concurrently with filing an application for issuance of certificate of authority with the superintendent, the applicant shall also file an application for a certificate of need pursuant to Title 22, section 301 et seq chapter 103-A.

Sec. 35. 24-A MRSA §4204, sub-§2-A, ķA, as enacted by PL 1981, c. 501, §51, is amended to read:

A. The Commissioner of Human Services certifies that the health maintenance organization has received a certificate of need or that a certificate of need is not required pursuant to Title 22, chapter 103 103-A.

Sec. 36. 24-A MRSA §6203, sub-§1, ķA, as enacted by PL 1987, c. 482, §1, is amended to read:

A. The provider has submitted to the department an application for a certificate of need, if required under Title 22, section 304-A 329, and the department has submitted a preliminary report of a recommendation for approval of a certificate of need and the provider has applied for any other licenses or permits required prior to operation.