Sec. 3. 24-A MRSA §2736, sub-§3, as amended by PL 2001, c. 432, §5, is further amended to read:

3. Criteria for special rate hearings. Any Notwithstanding the requirements of section 235-A, any filing of rates, rating formulas and modifications for Medicare supplement contracts as defined in chapter 67 and for individual health plans as defined in section 2736-C, subsection 1, paragraph C that satisfies the criteria set forth in this subsection is subject to the provisions of subsection 4.

Sec. 4. 24-A MRSA §2736, sub-§4, śC, as enacted by PL 1997, c. 344, §8, is amended to read:

C. In any hearing conducted under this subsection, the Bureau of Insurance and any party asserting that the rates are excessive unreasonable relative to the benefits and coverage offered have the burden of establishing that the rates are excessive unreasonable relative to the benefits and coverage offered. The burden of proving that rates are adequate and not unfairly discriminatory remains with the insurer.

Sec. 5. 24-A MRSA §2736-A, as repealed and replaced by PL 1979, c. 558, §8, is amended to read:

§2736-A. Hearing

If at any time the superintendent has reason to believe that a filing does not meet the requirements that rates shall not be excessive unreasonable relative to the benefits and coverage offered, inadequate or unfairly discriminatory or that the filing violates any of the provisions of chapter 23, he the superintendent shall cause a hearing to be held.

Hearings held under this section shall must conform to the procedural requirements set forth in the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV 4 and the requirements of section 235-A.

Sec. 6. 24-A MRSA §2839, as amended by PL 1985, c. 648, §11, is further amended to read:

§2839. Rates filed; rate hearings

No policy of group health insurance may be delivered in this State until a copy of the group manual rates to be used in