Attorney General Andrew Ketterer has quickly reduced the question of establishing a charitable trust under the proposed Anthem-Maine Blue Cross merger to two key questions. In both cases, he properly has sided with consumers.

The attorney general, first, has concluded that the $100 million charitable trust, which is a required part of the deal between Blue Cross and Blue Shield of Maine and Anthem Insurance Co., should not be prohibited from competing with the merged company. The overly broad ban in the original proposal could have limited the foundation’s ability to serve uninsured and underinsured Mainers.

Though the likelihood of the foundation competing with Anthem is speculative, there was no reason to restrict it from this opportunity, if the foundation can demonstrate that it will better serve low-income residents by entering Anthem’s markets. In this sense, the foundation’s charitable activity will more closely follow the role established by Blue Cross.

Second, Mr. Ketterer’s conclusion that the foundation should not assume potential liability from Blue Cross remains true to the reasons for creating it. Of particular concern for Anthem was the chance that under the recent closer scrutiny of Medicare intermediaries, Blue Cross might be audited, found to have mismanaged funds and fined. Those fines could wipe out a substantial portion of the charity, a clearly unreasonable risk for Maine to accept. The foundation was never intended to be a backup bank account for Blue Cross, and the AG’s Office was right to point this out.

Blue Cross and Anthem have responded appropriately to the attorney general’s recommendations. They have not overreacted by threatening that terrible things would happen if the original plan failed to be approved and have said they are willing to review the points in question. Certainly, it is in the interest of their merged company — Anthem Health Plan of Maine — to set up shop here under conditions that give the public confidence in its integrity.

Maine’s Bureau of Insurance has several more months of work ahead before deciding whether the merger should take place, and there will be time in January for more public input. But the attorney general’s proposals for the charitable trust offer a reassuring start to the merger and a promise that those needing health-care coverage have not been forgotten