Sec. 47. 24-A MRSA §2844, sub-§2, as amended by PL 1997, c. 777, Pt. B, §3, is further amended to read:

2. Medicaid and Cub Care programs. Insurers may not consider the availability or eligibility for medical assistance under 42 United States Code, Section 13969, referred to as "Medicaid," or Title 22, section 3174-R 3174-T, referred to as the "Cub Care program," when considering coverage eligibility or benefit calculations for insureds and covered family members.

A. To the extent that payment for coverage expenses has been made under the Medicaid program or the Cub Care program for health care items or services furnished to an individual, the State is considered to have acquired the rights of the insured or family member to payment by the insurer for those health care items or services. Upon presentation of proof that the Medicaid program or the Cub Care program has paid for covered items or services, the insurer shall make payment to the Medicaid program or the Cub Care program according to the coverage provided in the contract or certificate.

B. An insurer may not impose requirements on a state agency that has been assigned the rights of an individual eligible for Medicaid or Cub Care coverage and covered by a subscriber contract that are different from requirements applicable to an agent or assignee of any other covered individual.

Sec. 48. 24-A MRSA §2849-B, sub-§3, śC-1, as enacted by PL 1997, c. 777, Pt. B, §6, is amended to read:

C-1. That person was covered by the Cub Care program under Title 22, section 3174-R 3174-T, and the request for replacement coverage is made while coverage is in effect or within 30 days from the termination of coverage; or

Sec. 49. 24-A MRSA §6908, sub-§12, as enacted by PL 2005, c. 400, Pt. A, §5, is reallocated to 12 MRSA §6908, sub-§13.