Public Laws

124th Legislature

First Regular Session


Parts: A B C D E F G H I J

Chapter 244

H.P. 821 - L.D. 1180

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.

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333