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An Act To Allow Health Insurance Premiums To Vary Based on Behaviors Pertaining to Health
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 24-A MRSA §2762  is enacted to read:
§ 2762.  Health behaviors
 
1.  Premium adjustment.     An insurer may increase a premium on an individual health policy by an amount not to exceed 25% of the baseline premium if an insured exhibits adverse health-related behaviors listed in subsection 2.
 
2.  Adverse health-related behaviors.     An insurer may increase a premium under subsection 1 if an insured exhibits one of the following adverse health-related behaviors:
 
A.  Smoking;
 
B.  Failure to adhere to a regular fitness regimen appropriate to the insured and approved by a physician;
 
C.  Failure to adhere to a physician-prescribed medication regimen; and
 
D.  Abuse of alcohol, including but not limited to a conviction of operating under the influence under Title 29-A, section 2411 within the prior 3 years before assessing the premium.
Sec. 2. 24-A MRSA §2847-M  is enacted to read:
§ 2847-M.  Health behaviors
 
1.  Premium adjustment.     An insurer may increase a premium on a group policy, contract or certificate by an amount not to exceed 25% of the baseline premium if an insured exhibits adverse health-related behaviors listed in subsection 2.
 
2.  Adverse health-related behaviors.     An insurer may increase a premium under subsection 1 if an insured exhibits one of the following adverse health-related behaviors:
 
A.  Smoking;
 
B.  Failure to adhere to a regular fitness regimen appropriate to the insured and approved by a physician;
 
C.  Failure to adhere to a physician-prescribed medication regimen; and
 
D.  Abuse of alcohol, including but not limited to a conviction of operating under the influence under Title 29-A, section 2411 within the prior 3 years before assessing the premium.
 
SUMMARY
This bill allows insurers to increase the premiums of individual health policies and group policies based upon adverse health-related behaviors of the insured, including smoking, not exercising, not taking prescribed medication and abusing alcohol.