An Act To Extend Access to Federal Health Insurance Premium Assistance
Maine Legislature, Session 124, LD 1769
Committee: Insurance and Financial Services
Sponsors: TREAT, BOWMAN

Legislative Document 
No. 1769 
H.P.1259 
House of Representatives, February4, 2010 
An Act To Extend Access to Federal Health Insurance Premium 
Assistance 
(EMERGENCY) 
, 
Reference to the Committee on Insurance and Financial Services suggested and ordered· 
printed. 
77/~ 
frl~ 77l1LC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative TREAT of Hallowell. (GOVERNOR'S BILL) 
Cosponsored by Senator BOWMAN of York. 
PrintCtlllll r~cyclet..l paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effectiveuntil 90 days after adjournment unless enac.ted as emergencies; and 
Whereas, the American Recovery and ReiIlvestment Act of 2009 provided health 
insurance premium assistance for a period of 9 months to persons laid off from 
September 1, 2008 to December 31, 2009 and eligible for continuation of health 
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insurance coverage under state law; and 
. 
. 
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Wher·eas, 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 of2009; and 
Whereas, Public Law 2009, chapter 244, Palt J, section 
provided· a 2nd election 
period toconform to federal law; and 
. 
Whereas, the federal Depaltment of Defense A ppropriations Act, 2010 extends the 
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eligibility period for tI1e premium assistance for an additional 2 months through February 
28,2010 and extends pr~mium assistance to 15 months; and 
Whereas, immediate enactment of this Act is necessary to allow laid-off'employees 
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who receive premium assistance to qtialifY forthe extended prenlium 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, 
Be it enacted by the People of the State of Maine as follows: . 
Sec. 1. 
Extension of current coverage. 
Insurers and health maintenance 
organizations that issu"ed health insurance coverage during a 2nd election period required 
by Public Law 2009, chapter 244, Part J, section 1 and that included a 9-month coverage 
. limit as required by that section shall extend that coverage by eliminating the 9-month 
limit. Such coverage may not be terminated except as provided by the Maine Revised 
Statutes, Title 24-A, section 2809-A, subsection 11, paragraphs F and G. 
Sec. 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 shall provide notice, as required by 
Sections· 300 1 (a)(7)(A)(ii) and 300(a)( 16)(D)(i) of the American Recovery and 
Reinvestment Act of 2009. as amended by the federal Department of Defense 
. 
Appropriations Act, 2010, Section 1010. The notice must be provided by first-class mail 
in a form acceptable to the Superintendent of Insurance to eligible employees whose 
coverage terminated or terminates between September I, 2008 and February 28, 2010 or 
any later date as provided by that section of this Act relating to future extensions. 
Sec. 3. Future extensions. If the Superintendent of Insurance determines that the 
American Recovery and Reinvestment Act of 2009 is amended to extend premium 
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assistance to individuals whose coverage terminates after F.ebruary 28, 2010, the 
requirements of section 2 apply to those individuals. 
Emergency clause. 
In view of the emergency cited 111 the preamble, this 
legislation takes effect when approved. 
SUMMARY·· 
The American Recovery and Reinvestment Act 0(2009 provided help to people WilO 
lost their jobs from September I, 2008 to December 31, 2009 by paying 65% of their so-
called COBRA health insl.lrance coverage fora period of 9· months from the time they. 
were terminated. Public Law 2009, chapter 244; Pali J provided a 2nd election period 
for certain workers who. had declined coverage referred to as Mini-COBRA coverage 
before the federal subsidies were available. The United States Congress recently passed 
an extension of the COBRA coverage provisions, extending the job termination date for 
eligibility for the subsidies from December 31, 2009 to February 28, 20 10 and the 
COBRA 65% assistance from 9 months to 15 months. This bill extends the coverage 
period consistent with federal law for those workers who enrolled in Mini-COBRA 
during the 2nd election period.