Amend the bill by inserting after the title and before the enacting clause the following:
‘Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the American Recovery and Reinvestment Act of 2009 provides health insurance premium assistance to persons laid off on or after September 1, 2008 and eligible for continuation of health insurance coverage under state law; and
Whereas, persons eligible for continuation of health insurance coverage under state law must be provided a 2nd election period to qualify for premium assistance through the American Recovery and Reinvestment Act of 2009; and
Whereas, this bill provides that 2nd election period to conform to federal law; and
Whereas, immediate enactment of this Act is necessary to allow laid off employees the opportunity to elect to continue coverage and qualify for premium assistance; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,’
Amend the bill in Part C by striking out all of section 5 (page 3, lines 11 to 23 in L.D.)
Amend the bill in Part E in section 1 in §2834-C in subsection 1 in the 3rd line (page 5, line 23 in L.D.) by striking out the following: " specified accident" and inserting the following: ' accidental injury'
Amend the bill in Part G by striking out all of section 1 (page 7, lines 25 to 37 in L.D.) and inserting the following:
‘Sec. G-1. 24-A MRSA §2736, sub-§1, as amended by PL 2003, c. 428, Pt. F, §2, is further amended to read:
Amend the bill by inserting after Part I the following:
PART J
‘
Sec. J-1. Second election period. A person who was eligible for continuation of coverage under a group health insurance policy pursuant to the Maine Revised Statutes, Title 24-A, section 2809-A, subsection 11 is eligible for a 2nd election period if:
1. The covered employee was temporarily laid off on or after September 1, 2008, but no more than 30 days after the effective date of this Act;
2. The person did not elect to continue coverage or elected to continue coverage but was no longer enrolled as of the date of the notice required by section 2 of this Part; and
3. Election of coverage under this section qualifies the person for premium assistance under the American Recovery and Reinvestment Act of 2009.
The 2nd election period begins on the effective date of this Act and ends 60 days after the notice required by section 2 of this Part is mailed to the employee. Coverage elected under this provision begins on the date of application and terminates 9 months later unless terminated sooner because the person fails to make timely payment of a required premium amount or because the person becomes eligible for coverage under another group policy or under Medicare.
Sec. J-2. Notice requirement. Insurers and health maintenance organizations that provide group health insurance policies subject to the requirements of the Maine Revised Statutes, Title 24-A, section 2809-A, subsection 11 must provide notice, as required by the American Recovery and Reinvestment Act of 2009, Section 3001(a)(7)(A)(ii), by first-class mail in a form specified by the Superintendent of Insurance to eligible employees whose coverage terminated or terminates between September 1, 2008 and December 31, 2009.
Sec. J-3. Preexisting conditions. Coverage issued pursuant to the 2nd election period specified in section 1 of this Part may not exclude coverage for preexisting conditions regardless of whether the break in coverage exceeds the limit specified in the Maine Revised Statutes, Title 24-A, section 2849-B, subsection 2, paragraph B.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment clarifies the description of a type of policy excluded from a state law requiring compliance with the federal Children's Health Insurance Program Reauthorization Act of 2009. The amendment provides for a 2nd election period for persons eligible for federal Consolidated Omnibus Reconciliation Act of 1985 coverage under state law. The amendment combines changes made to the Maine Revised Statutes, Title 24-A, section 2736, subsection 1 by Part C and Part G of the bill to avoid a conflict. The amendment also adds an emergency preamble and emergency clause to the bill.
FISCAL NOTE REQUIRED
(See attached)