Sec. 1. 24-A MRSA §2736-C, sub-§1, ¶C-1, as amended by PL 1999, c. 256, Pt. C, §1, is further amended to read:

C-1. "Legally domiciled" means a person who lives in this State and who satisfies 3 of the following 4 criteria: has a motor vehicle operator's license from this State, is registered to vote in this State, has a permanent dwelling place in this State or files an income tax return for this State that declares the person is a Maine resident. A person may establish that that person is "legally domiciled" in this State by providing evidence of other relevant criteria associated with residency. A child is legally domiciled in this State if at least one of the child's parents or the child's legal guardian is legally domiciled in this State. A person with a developmental or other disability that prevents that person from obtaining a motor vehicle operator's license, registering to vote or filing an income tax return is legally domiciled in this State by living in this State. An alien lawfully admitted to the United States with a resident visa and living in this State is legally domiciled in this State.

Sec. 2. 24-A MRSA §2736-C, sub-§3, ¶A, as corrected by RR 2001, c. 1, §30, is amended to read:

A. Coverage must be guaranteed to all residents of this State other than those eligible without paying a premium for Medicare Part A. On or after January 1, 1998, coverage Coverage must be guaranteed to all legally domiciled state- eligible individuals and to all legally domiciled federally eligible individuals, as defined in section 2848, regardless of the length of time they have been legally domiciled in this State. Except for federally eligible individuals, coverage need not be issued to an individual whose coverage was terminated for nonpayment of premiums during the previous 91 days or for fraud or intentional misrepresentation of material fact during the previous 12 months. When a managed care plan, as defined by section 4301-A, provides coverage a carrier may:

(1) Deny coverage to individuals who neither live nor reside within the approved service area of the plan for at least 6 months of each year; and

(2) Deny coverage to individuals if the carrier has demonstrated to the superintendent's satisfaction that: