Maine Legislature, Session 124, LD 1708
Committee: Insurance and Financial Services
Sponsors: MAZUREK, DAMON, BERRY, BUTTERFIELD, EBERLE, O'BRIEN, PINGREE, WELSH

. SECOND REGULAR SESSION-2010 
Legislative Document 
No. 1708 
H.P. 1209 . 
House of Representatives, January 6, 2010 
AnAct To Expand the Opportunity for Persons To Acquire Health 
Care Coverage under the State's "Mini-COBRA" Program 
(APproved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Insurance and Financial Services suggested and ordered 
printed. 
Presented by Representative MAZUREK of Rockland. 
Cosponsored by Senator DAMON of Hancock and 
'IY/~ '1h.11!oC~ 
MILLICENT M. MacFARLAND 
.. Clerk 
Representatives: BERRY of Bowdoinham, BUTTERFIELD of Bangor, CAIN ofOroho, 
EBERLE of South Portland, MacDONALD of Boothbay, O'BRIEN of Lincolnville, Speaker 
PINGREE of North Haven, WELSH of Rockport. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows; 
Sec. 1. 24-A MRS A §2809-A, sub-§U,as amended by PL 1991, c. 885, Pt. E, 
§30 and affected by §47, is further amended to read: 
" 
. 
11. Continued group coverage; certain circumstances. 
Notwithstanding this 
section, if the termination of an individual's group insurance coverage is a result of the 
member or employee being temporarily or permanently laid off or losing employment 
because of an injury or disease that the employee claims to be compensable under former 
Titl~ 39 or Title 39-A, the insurer shall allow the member or employee to elect, within the 
time period prescribed by paragraphB, to continue coverage under the group policy at no 
higher level than the level of benefits or coverage received by the employee immediately 
11. 
before termination and' at .the member's or employee's expense or, at the member's or 
employee's option, to convert to a policy of individual coverage without evidence of 
insurability in accordance with this section. 
A. 
For the purposes of this subsection, the term "member or employee" includes 
only those persons who have been a member or employee for at least 6 months. 
B~1. 
The member or employee has 31 days from the termination of coverage in 
which to elect and make the initial payment under this subsection. 
C. . 
An insurer is not required to continue c~verage under a group policy if the 
member or employee meets the conditions set out in subsection 3, paragraph A. 
. D.· 
The payment amount for continued group coverage under this subsection may 
not exceed 102% of the group rate in effect fof a group member, including an 
employer's contribution, if any. 
E. 
At the option of th.e member or employee, the continued gro.up coverage may 
... cover the member or employee, the member or employee and any dependents or only 
the dependents Of themeinber or employee; provided that, in the latter 2 cases, the 
dependents have been covered fora period of at least 3 months under the group 
policy, unless the dependents were not eligible for coverage until after the'beginning 
of the 3-month period. 
F. 
Except as provided in paragraph G, coyerage provided under this section 
continues and may not betermimited until one year from the last day of work. 
G. 
Coverage provided under this section may be terminated sooner than provided 
under paragraph F if: 
(1) 
The member or employee fails to make timely payment of a required 
premium amount; 
(2) The member or employee becomes eligible for coverage under another group 
policy; or 
(3) The Workers' COinpensation Board determines that the injury or disease that 
entitles the employee to continue coverage under this section is not compensable 
under Title 39-A. 
) 
) 
( 
.(. 
H. 
At the expiration of any continued group coverage obtained under this 
subsection, the member or employee has the same conversion privileges as otherwise 
granted I.\nder this section. 
l. 
This subsection may not be construed to: 
(1) Prevent members or employees from negotiating for qr receiving greater 
continued coverage of group insurance than is provided in. this subsection; 
(2) Require coverage beyond the tim~ limit set in paragraph F;. or 
(3) Permit an employee to increase the level of benefits or coverage that the 
employee received immediately before the termination of the employee's 
coverage. 
J. 
This subsection does not apply to any group policy subject to the United States 
Consolidated Omnibus Budget Reconciliation Act, Public Law 99-272, Title X, 
Private Health Insurance Coverage, Sections 10001 to 10003. 
. 
SUMMARY 
This bill modifies.Maine's so-called mini-COBRA law to make persons permanently 
laid off from their employment eligible to maintain, at their expense, coverage under their 
former employer's group health plan. Currently, the law limits eligibility to persons who 
are temporarily laid off or who have a condition that makes them eligible for workers' 
compensation.