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| 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. |
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| | Sec. E-12. 24-A MRSA §2736-C, sub-§2, ¶F is enacted to read: |
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| F.__A carrier that adjusts its rate shall account for the | savings offset payment or any recovery in that offset | payment in its experience consistent with this section and | section 6913. |
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| | Sec. E-13. 24-A MRSA §2736-C, sub-§5, as amended by PL 2003, c. 428, | Pt. H, §3, is further amended to read: |
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| | 5. Loss ratios. For all policies and certificates issued on | or after the effective date of this section, the superintendent | shall disapprove any premium rates filed by any carrier, whether | initial or revised, for an individual health policy unless it is | anticipated that the aggregate benefits estimated to be paid | under all the individual health policies maintained in force by | the carrier for the period for which coverage is to be provided | will return to policyholders at least 65% of the aggregate | premiums collected for those policies, as determined in | accordance with accepted actuarial principles and practices and | on the basis of incurred claims experience and earned premiums. | For the purposes of this calculation, any savings offset payments | paid pursuant to section 6913 must be treated as incurred claims. |
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| | Sec. E-14. 24-A MRSA §2808-B, sub-§2, ¶A, as amended by PL 2003, c. 313, | §1, is repealed. |
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| | Sec. E-15. 24-A MRSA §2808-B, sub-§2, ¶G, as enacted by PL 2003, c. | 313, §2, is repealed. |
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| | Sec. E-16. 24-A MRSA §2808-B, sub-§§2-A to 2-C are enacted to read: |
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| | 2-A.__Rate filings.__A carrier offering small group health | plans shall file with the superintendent the community rates for | each plan and every rate, rating formula and classification of | risks and every modification of any formula or classification | that it proposes to use. |
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| A.__Every filing must state the effective date of the filing.__ | Every filing must be made not less than 60 days in advance of the | stated effective date, unless the 60-day requirement is waived by | the superintendent.__The effective date may be suspended by the | superintendent for a period of |
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