24-A §3903. Maine Individual Reinsurance Association - Maine Statutes

Title 24-A: MAINE INSURANCE CODE

Chapter 54: MAINE INDIVIDUAL REINSURANCE ASSOCIATION

§3903. Maine Individual Reinsurance Association

1. Association established. The Maine Individual Reinsurance Association is established as a nonprofit legal entity. As a condition of doing business, every member insurer must participate in the association. The Dirigo Health Program established in chapter 87 and any other state-run or state-sponsored health benefit program shall also participate in the association.

[ 2007, c. 629, Pt. A, §8 (NEW) .]

2. Board of directors. The association is governed by a board of directors in accordance with this subsection.

A. The board consists of 11 members appointed pursuant to this paragraph:

(1) Five members appointed by the superintendent, of whom:

(a) Two members must be chosen from the general public and may not be associated with the medical profession, a hospital or an insurer;

(b) One member must be a representative of a public health plan;

(c) One member must represent health insurance producers; and

(d) One member must represent a statewide association representing small businesses that receives the majority of its funding from persons and businesses in the State; and

(2) Six members appointed by insurers licensed to do business in this State, at least one of whom is a 3rd-party administrator other than an insurer. [2007, c. 629, Pt. A, §8 (NEW).]

B. A board member appointed by the superintendent may be removed at any time without cause. [2007, c. 629, Pt. A, §8 (NEW).]

C. A board member may not be a registered lobbyist under Title 3, chapter 15. [2007, c. 629, Pt. A, §8 (NEW).]

D. Members of the board serve terms of 3 years. [2007, c. 629, Pt. A, §8 (NEW).]

E. The board shall elect one of its members as chair. [2007, c. 629, Pt. A, §8 (NEW).]

F. Board members may be reimbursed from funds of the association for actual and necessary expenses incurred by them as members but may not otherwise be compensated by the association for their services. [2007, c. 629, Pt. A, §8 (NEW).]

[ 2007, c. 629, Pt. A, §8 (NEW) .]

3. Plan of operation; rules. The association shall adopt a plan of operation in accordance with the requirements of this chapter and submit its articles, bylaws and operating rules to the superintendent for approval. If the association fails to adopt the plan of operation and suitable articles and bylaws within 90 days after the appointment of the board, the superintendent shall adopt rules to effectuate the requirements of this chapter, and those rules remain in effect until superseded by a plan of operation and articles and bylaws submitted by the association and approved by the superintendent. Rules adopted pursuant to this subsection by the superintendent are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

[ 2007, c. 629, Pt. A, §8 (NEW) .]

4. Immunity. A board member is not liable and is immune from suit at law or equity for any conduct performed in good faith that is within the subject matter over which the board has been given jurisdiction.

[ 2007, c. 629, Pt. A, §8 (NEW) .]

SECTION HISTORY

2007, c. 629, Pt. A, §8 (NEW).