(b) The superintendent shall find that the replacement is in the best interests of the policyholders; and

(c) The carrier shall provide notice to the policyholder and to the insureds at least 90 days before replacement; or

(3) In the individual market:

(a) The carrier shall replace the product with a product that complies with the requirements of this section, including renewability, and with section 2736-C;

(b) The superintendent shall find that the replacement is in the best interests of the policyholders; and

(c) The carrier shall provide notice to the policyholder and, if a group policy, to the insureds at least 90 days before replacement;

Sec. B-16. 24-A MRSA §2850-B, sub-§4, ¶B, as amended by PL 2001, c. 258, Pt. E, §11, is further amended to read:

B. Carriers that cease to write new small group business continue to be governed by section 2808-B 2808-C with respect to small group contracts in force and their renewal or replacement contracts.

Sec. B-17. 24-A MRSA §4202-A, sub-§10, ¶B, as amended by PL 1993, c. 645, Pt. A, §5, is further amended to read:

B. Is compensated, except for reasonable copayments, for basic health care services to enrolled participants solely on a predetermined periodic rate basis, except that the organization is not prohibited from having a provision in a group contract allowing an adjustment of premiums based upon the actual health services utilization of the enrollees covered under the contract, and except that such a contract may not be sold to an eligible group subject to the community rating requirements of section 2808-B 2808-C;