An Act To ClarifY and Update the Laws ,Related to Life and Health Insurance
Maine Legislature, Session 124, LD 1180
Committee Amendment CA_A_H288 (House)
Amends: 24-A MRSA §2736

COMMITTEE AMENDMENT "A" to H.P. 821, L.D. 1180, Bill, "An Act To 
ClarifY and Update the Laws ,Related to Life and Health Insurance" 
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 adjoummentunless 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 of2009; 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 ip 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: 
COMMITTEE AMENDMENT 
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.COMMITIEE AMENDMENT" A " 
to H.P. 821, L.D. 1180 
'Sec. G-l. 24-A MRSA §2736, sub-§l, as arrtended by PL 2003, c. 428, Pt. F, 
§2, is further amended to read: 
1. Filing of rate information. Every insurer shall file wi#i for approval by the 
superintendent every rate, rating formula, classification of risks and every modification of 
any formula or classification that it proposes to use in connection with individual health 
insurance policies and certaill group policies specified in section 270 I. Every such flUng: 
must state the effective date of the filing. Every such filing must be made not less:tha.n 
days in advance of the stated effective date, unless the 60-day requirement is waived 
by" the superintendent; and the effective date may be suspended by the superintendent for 
a period of time not to exceed 30 days. In the case of a filing that meets the criteria in· 
subsection 3, the superintendent may suspend the effective date for a longer period not to 
exceed 30 days from the date the organization satisfactorily responds to any reasonable 
discovery requests.' 
Amend the bill by inserting after Part I the following: 
'PARTJ 
Sec. J-1. Second election Pfilriod. 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 emplbyeewas temporarily laid off on or after September 1, 2008, but 
no more than 30 days afterthe effective date o'fthis Act; 
2. The person did not elect to continue coverage or elected to continue coverage but 
was no longer enrolled as ofthe date of the notice required by section 2 ofthis Part; and 
3. 
Election of coverage under this section qualifies the person for premium· 
assistance under the AmeriCan Recovery and Reiiwestment Act of2009. 
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 bec~use 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 2849-8, subsection 2, paragraph B. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT'·A" to H.P. 821, L.D. 1180 
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 clarifi.es 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) 
COMMITTEE.AMENDMENT 
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Revised: 05/08/09 frac:.. 
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LD 1180 
LR 521(02) 
An Act 1'0 Clarify and Update the Laws Related to Life and Health Insurance 
Fiscal Note for:Sill as Amended by Committee Amendment "A" 
Committee: Insurance and Financial Servnces 
Fiscal Note Required: No 
Fiscal Note 
No fiscal impact 
Fiscal Detail and Notes 
The proposed changes would have no direct fiscal impact on State agencies or programs. 
LR0521(02) - Fiscal Note - Page 1 of 1 
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