# ME Insurance Bulletin 161: Unfair discrimination against the handicapped

> Maine · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/ME_INS_B_161

## Section

- **Citation:** ME Insurance Bulletin 161
- **Heading:** Unfair discrimination against the handicapped
- **Jurisdiction:** Maine
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Maine Bureau of Insurance Bulletins / Unfair discrimination against the handicapped

## Text

Bulletin 161
Unfair discrimination against the handicapped
June 15, 1989
It has come to my attention that some insurers and agents may be unaware of the restrictions under
the Maine Insurance Code on underwriting and rating based on physical or mental handicap. Title 24-A
M.R.S.A. Section 2159-A prohibits declining, canceling or non-renewing coverage; limiting the
amount, extent or kind of coverage; or charging a higher rate, based on a handicap, unless justified
by sound actuarial evidence. "Handicap" is defined in Title 5 M.R.S.A. Section 4553(7-A) as follows:
"Physical or mental handicap" means any disability, infirmity, malformation, disfigurement, congenital
defect or mental condition
caused by bodily injury, accident, disease, birth defect, environmental conditions or illness; and also
includes the physical or mental condition of a person which constitutes a substantial handicap as
determined by a physician or, in the case of mental handicap, by a psychiatrist or psychologist, as well
as any other health or sensory impairment which requires special education, vocational rehabilitation
or related services.
Insurers are reminded of these standards and requested to review all company and field force
standards and procedures to assure compliance. Persons determined, after hearing, to have violated
Section 2159-A shall be subject to a cease and desist order, violation of which may result in a fine of
up to $10,000. Violators of Section 2159-A may also be subject to loss of license authority.
Consumers who believe they have been unfairly discriminated against due to a physical or mental
handicap should contact the Consumer Division of the Bureau of Insurance at the following address or
telephone number:
Bureau of Insurance
State House Station #34
Augusta, Maine 04333
result in a fine of
up to $10,000. Violators of Section 2159-A may also be subject to loss of license authority.
Consumers who believe they have been unfairly discriminated against due to a physical or mental
handicap should contact the Consumer Division of the Bureau of Insurance at the following address or
telephone number:
Bureau of Insurance
State House Station #34
Augusta, Maine 04333
(207) 582-8707
Joseph A. Edwards
Superintendent of Insurance
NOTE: This bulletin is intended solely for informational purposes. It is not intended to set forth legal
rights, duties or privileges nor is it intended to provide legal advice. Readers are encouraged to
consult applicable statutes and regulations and to contact the Bureau of Insurance if additional
information is needed.

## Nearby sections

- [ME Insurance Bulletin 108 Filing statistical information by property and casualty companies](https://www.frixlaw.com/law-library/statutes/ME_INS_B_108.md)
- [ME Insurance Bulletin 143 Roll-on coverages](https://www.frixlaw.com/law-library/statutes/ME_INS_B_143.md)
- [ME Insurance Bulletin 146 Health and Life filing requirement](https://www.frixlaw.com/law-library/statutes/ME_INS_B_146.md)
- [ME Insurance Bulletin 156 Reports of pre-utilization review](https://www.frixlaw.com/law-library/statutes/ME_INS_B_156.md)
- [ME Insurance Bulletin 158 Tie-in sales](https://www.frixlaw.com/law-library/statutes/ME_INS_B_158.md)
- [ME Insurance Bulletin 159 Application of utilization review programs to mandated benefits for the treatment of mental illness, alcoholism, and drug dependency](https://www.frixlaw.com/law-library/statutes/ME_INS_B_159.md)
- [ME Insurance Bulletin 161 Unfair discrimination against the handicapped](https://www.frixlaw.com/law-library/statutes/ME_INS_B_161.md)
- [ME Insurance Bulletin 164 Youthful operators](https://www.frixlaw.com/law-library/statutes/ME_INS_B_164.md)
- [ME Insurance Bulletin 166 Disclosure of workers' compensation reserving policy](https://www.frixlaw.com/law-library/statutes/ME_INS_B_166.md)
- [ME Insurance Bulletin 168 Pre-effective date confidentiality of certain form and rate filings](https://www.frixlaw.com/law-library/statutes/ME_INS_B_168.md)
- [ME Insurance Bulletin 174 Continuity of health insurance](https://www.frixlaw.com/law-library/statutes/ME_INS_B_174.md)
- [ME Insurance Bulletin 176 Property and casualty insurance prospective loss cost filing procedures](https://www.frixlaw.com/law-library/statutes/ME_INS_B_176.md)
- [ME Insurance Bulletin 179 Applicability of continuity of health insurance statute](https://www.frixlaw.com/law-library/statutes/ME_INS_B_179.md)
- [ME Insurance Bulletin 182 Insurance identification cards](https://www.frixlaw.com/law-library/statutes/ME_INS_B_182.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ME_INS_B_161. Check the current official text before relying on it. Not legal advice.