An Act To Enact the Made for Maine Health Coverage Act and Improve Health Choices in Maine
PART A
Sec. A-1. 22 MRSA c. 1479  is enacted to read:
CHAPTER 1479
MADE FOR MAINE HEALTH COVERAGE ACT
  5401.   Short title
This Act may be known and cited as "the Made for Maine Health Coverage Act."
  5402.   Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
  5403.   Maine Health Insurance Marketplace established
The Maine Health Insurance Marketplace is established to conduct the functions defined in 42 United States Code, Section 18031(d)(4). The purpose of the marketplace is to benefit the State's health insurance market and persons enrolling in health insurance policies, facilitate the purchase of qualified health plans, reduce the number of uninsured individuals, improve transparency and conduct consumer education and outreach.
  5404.   Powers and duties of the commissioner
(1) Educated health care consumers who are enrollees in qualified health plans;
(2) Individuals and entities with experience in facilitating enrollment in qualified health plans;
(3) Representatives of small businesses and self-employed individuals;
(4) Representatives and members of the MaineCare program;
(5) Advocates for enrolling hard-to-reach populations;
(6) Representatives of the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians and the Aroostook Band of Micmacs, appointed by the tribes' respective chiefs in consultation with their tribal councils;
(7) Representatives of health care providers;
(8) Representatives of insurance carriers;
(9) Representatives of insurance producers; and
(10) Any other groups or representatives required by the federal Affordable Care Act and recommended by the commissioner;
  5405.   Maine Health Insurance Marketplace Trust Fund
  5406.   User fees
The commissioner shall charge a user fee to all carriers that offer qualified health plans in the marketplace. The user fee must be paid monthly by the carrier and deposited into the marketplace trust fund and may be used only for marketplace functions. The user fee must be applied at a rate that is a percentage of the total monthly premium charged by a carrier for each qualified health plan sold in the marketplace and may not exceed the total user fee rate charged by the Federal Government for use of the federally facilitated exchange during plan year 2020. The rate is 0.5% during any period that the State is using the federal platform as described in 45 Code of Federal Regulations, Section 155.200(f) and 3% during any period that the State is performing all the functions of a state-based marketplace as described in 45 Code of Federal Regulations, Section 155.200.
  5407.   Rulemaking
The commissioner may adopt rules as necessary for the proper administration and enforcement of this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. Rules adopted pursuant to this section must be consistent with the federal Affordable Care Act and state law.
  5408.   Technical assistance from other state agencies
State agencies, including but not limited to the Department of Professional and Financial Regulation, Bureau of Insurance, the Department of Administrative and Financial Services, Bureau of Revenue Services and the Maine Health Data Organization, shall provide technical assistance and expertise to the marketplace upon request.
  5409.   Records
Except as provided in this section or by other provision of law, information obtained by the marketplace under this chapter is a public record within the meaning of Title 1, chapter 13, subchapter 1.
  5410.   Relation to other laws
Nothing in this chapter and no action taken by the marketplace pursuant to this chapter may be construed to preempt or supersede the authority of the superintendent to regulate the business of insurance within this State.
  5411.   Reporting
Beginning in 2021 and annually thereafter, the marketplace shall submit a report to the Governor and the joint standing committee of the Legislature having jurisdiction over health insurance coverage matters summarizing enrollment, the affordability of health insurance for consumers using the marketplace, marketing activity and operations. This report must be submitted no later than 45 days after the end of the open enrollment period.
PART B
Sec. B-1. 24-A MRSA c. 34-A  is enacted to read:
CHAPTER 34-A
STATE-FEDERAL HEALTH COVERAGE PARTNERSHIPS
  2781.   State-federal health coverage partnerships
Sec. B-2. 24-A MRSA c. 34-B  is enacted to read:
CHAPTER 34-B