Section 031-560-3 - DefinitionsA. "Employee leasing arrangement" means an arrangement, under contract or otherwise, whereby one business or other entity leases all or a significant number of its workers from another business. Employee leasing arrangements include, but are not limited to, full service employee leasing arrangements, long-term temporary arrangements, and any other arrangement which involves the allocation of employment responsibilities among two or more entities. For purposes of this rule employee leasing arrangement does not include arrangements whereby an organization hires its own employees and assigns them to clients for a finite period of time to support or supplement the client's work force in special work situations such as employee absences, temporary skill shortages and seasonal workloads.B. "Leased employee" means a person performing services for a lessee under an employee leasing arrangement.C. "Lessee" means an entity which obtains all or part of its work force from another entity through an employee leasing arrangement or which employs the services of an entity through an employee leasing arrangement.D. "Lessor" means an entity that grants an oral or written lease to a lessee through an employee leasing arrangement. In this rule, the lessor may also be referred to as an employee leasing company.E. "Multiple coordinated policies basis" means -(1) The following: (a) Each lessee shall have its own policy covering its leased employees required to be covered pursuant to the laws of this state;(b) If non-leased employees of a lessee are not provided coverage pursuant to a separate policy or pursuant to 39 M.R.S.A. §23, subsections 2 thru 11, they shall be included on the policy required by subsection (a) above; and(2) All assigned risk policies for lessees of the same employee leasing company shall be assigned to one servicing carrier in the state and in other states to the extent possible; and(3) The servicing carrier shall arrange to have the same renewal date for all such policies; and(4) The servicing carrier shall arrange to have all notices sent to the employee leasing company and to have a single master invoice sent to the employee leasing company for all policies covering the lessees of that leasing company.(5) If a lessee leases employees from more than one lessor, there shall be a separate policy for the leased employees of each lessor.(6) The servicing carrier also shall issue a policy covering the internal employees of the employee leasing company unless they are otherwise covered.(7) Appropriate endorsements need to be used to restrict the coverage to those employees of the lessor leased to the lessee which is the subject of each policy as opposed to other lessees and to coordinate coverage between lessees and lessor.F. "Premium Subject to Dispute" Premium shall be considered subject to dispute only if the insured has provided a written notice of dispute to the insurer or service carrier, has filed a written request for an administrative hearing or a hearing before the committee having authority to review premium disputes, or has initiated litigation regarding the premium dispute. The insured must have detailed the specific areas of dispute and, to the extent possible, provided an estimate of the premium the insured believes to be correct. The insured must have paid any undisputed portion of the bill.
02-031 C.M.R. ch. 560, § 3