APPROVED CHAPTER
JUNE 23, 2021 344
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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H.P. 828 - L.D. 1150
An Act To Phase Out Insurance Rating Based on Smoking History
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 24-A MRSA §2736-C, sub-§2, ¶D, as amended by PL 2019, c. 5, Pt. A,
§3, is further amended by amending subparagraph (8) to read:
(8) For all policies, contracts or certificates that are executed, delivered, issued for
delivery, continued or renewed in this State on or after between July 1, 2012 and
December 31, 2022, the maximum rate differential due to tobacco use filed by the
carrier as determined by ratio is 1.5 to 1, except that the carrier may not apply a
rate differential pursuant to this subparagraph when the covered individual is
participating in an evidence-based tobacco cessation strategy approved by the
United States Department of Health and Human Services, Food and Drug
Administration. For all policies, contracts or certificates that are executed,
delivered, issued for delivery, continued or renewed in this State between January
1, 2023 and December 31, 2023, the maximum rate differential due to tobacco use
filed by the carrier as determined by ratio is 1.25 to 1, except that the carrier may
not apply a rate differential pursuant to this subparagraph when the covered
individual is participating in an evidence-based tobacco cessation strategy
approved by the United States Department of Health and Human Services, Food
and Drug Administration. For all policies, contracts or certificates that are
executed, delivered, issued for delivery, continued or renewed in this State on or
after January 1, 2024, a carrier may not vary the premium rate due to tobacco use.
Sec. 2. 24-A MRSA §2808-B, sub-§2, ¶D, as amended by PL 2019, c. 5, Pt. A,
§11, is further amended by amending subparagraph (9) to read:
(9) For all policies, contracts or certificates that are executed, delivered, issued for
delivery, continued or renewed in this State on or after between October 1, 2011
and December 31, 2022, the maximum rate differential due to tobacco use filed by
the carrier as determined by ratio is 1.5 to 1, except that the carrier may not apply
a rate differential pursuant to this subparagraph when the covered individual is
participating in an evidence-based tobacco cessation strategy approved by the
United States Department of Health and Human Services, Food and Drug
Page 1 - 130LR0167(03)
Administration. For all policies, contracts or certificates that are executed,
delivered, issued for delivery, continued or renewed in this State between January
1, 2023 and December 31, 2023, the maximum rate differential due to tobacco use
filed by the carrier as determined by ratio is 1.25 to 1, except that the carrier may
not apply a rate differential pursuant to this subparagraph when the covered
individual is participating in an evidence-based tobacco cessation strategy
approved by the United States Department of Health and Human Services, Food
and Drug Administration. For all policies, contracts or certificates that are
executed, delivered, issued for delivery, continued or renewed in this State on or
after January 1, 2024, a carrier may not vary the premium rate due to tobacco use.
Page 2 - 130LR0167(03)


Statutes affected:
Bill Text LD 1150, HP 828: 24-A.2736, 24-A.2808
Bill Text ACTPUB , Chapter 344: 24-A.2736, 24-A.2808