An Act To Clarify the Laws Govemin~ the ExteBsiOli ef Health Care Cov~ to Dependents
Maine Legislature, Session 123, LD 2066
Committee: Insurance and Financial Services
Sponsors: BARSTOW, BLISS, BRAUTIGAM, FAIRCLOTH
Amends: 24-A MRSA §2742-B, 24-A MRSA §2833-B, 24-A MRSA §4233-B

Legislative Document 
No. 2066 
H.P.1450 
House of Representatives, December 21, 2007 
An Act To Clarify the Laws Govemin~ the ExteBsiOli ef Health 
Care Cov~ 
to Dependents 
Approved for introduction by a majority of the Legislative Cmmcil pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 19,2007. Referred to the Committee on 
Insurance and Financial Services pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
Presented by Representative BARSTOW of Gorham. 
Il/~/h.~ 
Mll..LICENT M. MacFARLAND 
Clerk, 
Cosponsored by Representatives: BLISS of South Portland, BRAUTIGAM of Falmouth, 
FAIRCLOTH of Bangor. 
Printed on re,",,'ycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 24-A MRSA §2742-B, sub-§l, ~, as enacted by PL 2007, c. 115, § 1 
and affected by §5, is amended to read: 
B. Has no dependent ofthe child's own; and 
. 5 
Sec. 2. 24-A MRSA §2742-B, sub-§l, ~C, as enacted by PL 2007, c. 115, § 1 
and affected by §5, is amended to read: 
C. Is a resident of this State or is enrolled as a full-time student at an accredited 
public or private institution of higher educationt-ttRd.:. 
Sec. 3. 24-A MRSA §2742-B, snb-§l, ~, as enacted by PL 2007, c. 115, § 1 
and affected by §5, is repealed. 
Sec. 4. 24-A MRSA §2742-B, sub-§2, as enacted by PL 2007, c. 115, § I and 
affected by §5, is amended to read: 
2. Offer of coverage. Notwithstanding section 2703, subsection 3, an individual 
health insurance policy that J3Fo'lides offers coverage for a dependent child must offer te 
exteAd such coverage, at the option of the policyholder, until the dependent child is 25 
years of age. An insurer may require, as a condition of eligibility for 60AtiAl:Ied coverage 
in accordance with this section, that a 60,,'ered person seeking 60AtiAl:Ied coverage for a 
dependent child J3Fo\'ide II/FitteA d06l:1meAtstioA OA SA aAAl:Isl easis certify that the 
dependent child meets OF 60AtiAI:teS to lHeet the requirements in subsection 1. 
Sec. 5. 24-A MRSA §2742-B, sub-§3 is enacted to read: 
3. Notice. An insurer shall provide notice to policyholders regarding the availability 
of dependent coverage under this section: 
A. 
In any certifica1e of coverage prepared on or after the effective date of this 
subsection; 
B. Upon each renewal of coverage, but at least once annually; and 
C. Within 30 days following the effective date of this subsection. 
Notice provided under this subsection must include information about enrollment periods 
and notice ofthe insurer's definition of and benefit limitations for preexisting conditions. 
Sec. 6. 24-A MRSA §2833-B, snb-§l, ~, as enacted by PL 2007, c. 115, §2 
and affected by §5, is amended to read: 
B. Has no dependent of the child's own; and 
Sec. 7. 24-A MRSA §2833-B, sub-§l, ~C, as enacted by PL 2007, c. 115, §2 
and affected by § 5, is amended to read: 
C. Is a resident of this State or is enrolled as a full-time student at an accredited 
public or private institution of higher education;-amt 
Page I - 123LR3105(Ol)-1 
Sec. 8. 24-A MRSA §2833-B, sub-§I, ~, as enacted by PL 2007, c. 115, §2 
and affected by §5, is repealed. 
Sec. 9. 24-A MRSA §2833-B, sub-§2, as enacted by PL 2007, c. 115, §2 and 
affected by §5, is amended to read: 
2. 
Offer of coverage. Notwithstanding section 2822, a group health insurance 
policy that provides offers coverage for a dependent child must offer to eKtend such 
coverage, at the option of the policyholder, until the dependent child is 25 years of age. 
An insurer may require, as a condition of eligibility for continued coverage in accordance 
with this section, that a cO'f'ered person seeking continued coverage for a dependent child 
provide written documentation on an annual basis certify that the dependent child meets 
II 
or continues to meet the requirements in subsection 1. 
Sec. 10. 24-A MRSA §2833-B, sub-§3 is enacted to read: 
3. Notice. An insurer shall provide notice to policyholders regarding the availability 
of dependent coverage under this section: 
A. 
In any certificate of coverage prepared on or after the effective date of this 
subsection; 
B. Upon each renewal of coverage, but at least once annually; and 
C. Within 30 days following the effective date of this subsection. 
Notice provided under this subsection must include information about enrollment periods 
and notice of the insurer's definition of and benefit limitations for preexisting conditions. 
Sec. 11. 24-A MRSA §4233-B, sub-§I, ~, as enacted by PL 2007, c. 115, §4 
and affected by §5, is amended to read: 
B. Has no dependent of the child's own; and 
Sec. 12. 24-A MRSA §4233-B, sub-§I, ~C, as enacted by PL 2007, c. 115, §4 
and affected by §5, is amended to read: 
C. 
Is a resident of this State or is enrolled as a full-time student at an accredited 
public or private institution of higher educatiow,--aRti~ 
Sec. 13. 24-A MRSA §4233-B, sub-§I,~, as enacted by PL 2007, c. 115, §4 
and affected by §5, is repealed. 
Sec. 14. 24-A MRSA §4233-B, sub-§2, as enacted by PL 2007, c. 115, §4 and 
affected by §5, is amended to read: 
2. 
Offer of coverage. An individual or group health maintenance organization 
contract that provides offers coverage for a dependent child shall offer to extend such 
coverage, at the option of the contract holder, until the dependent child is 25 years of age. 
An insurer may require, as a condition of eligibility for continued coverage in accordance 
with this section, that a covered person seeking continued coverage for a dependent child 
I 
II 
provide writteR dOGumeRtatioR OR aR aRRual basis certify that the dependent child meets 
or cORtiRues to meet the requirements in subsection I. 
Sec. 15. 24-A MRSA §4233-B, sub-§3 is enacted to read: 
3. 
Notice. 
A health maintenance organization shall provide notice to contract 
holders regarding the availability of dependent coverage under this section: 
A. 
In any certificate of coverage prepared on or after the effective date of this 
subsection; 
8. Upon each renewal of coverage, but at least once annually; and 
C. Within 30 days following the effective date of this subsection. 
Notice provided under this subsection must include information about enrollment periods 
and notice of the insurer's definition of and benefit limitations for preexisting conditions. 
See. 16. Special enrollment period. For dependents that qualify for health 
insurance coverage under the Maine Revised Statutes, Title 24-~ section 2742-8, 2833-
or 4233-8, an insurer must hold a special open enrollment period during which a 
subscriber may elect to enroll the dependent child. The special enrollment period must 
begin on the effective date of this Act and continue until September 20, 2008. An insurer 
must include information about the special enrollment period in the notice provided 
pursuant to Title 24-A, section 2742-8, subsection 3; section 2833-8, subsection 3 or 
section 4233-8, subsection 3. 
SUMMARY 
Under current law, an insurer that provides coverage to a dependent child must offer 
to extend such coverage until the dependent is 25 years of age. This bill clarifies that it is 
not necessary that the dependent be currently insured by that insurer for that insurer to 
offer coverage until the dependent is 25 years of age. In addition, this bill amends the 
definition of "dependent child" to eliminate the requirement that the child is not provided 
coverage under any other individual or group health insurance policy or health 
maintenance organization contract or under a federal or state government program. 
The bill also requires insurers to provide notice of the availability of coverage until 
the dependent is 25 years of age. Finally, this bill requires insurers to hold a special open 
enrollment period during which a covered individual may elect to enroll a dependent 
child. 
•