An Act To Create a Public Health Insurance Option
Maine Legislature, Session 129, LD 0109
Committee: Health Coverage, Insurance and Financial Services
Sponsors: BERRY, VITELLI, BRENNAN, HEPLER, HYMANSON, PEBWORTH, SYLVESTER, GRATWICK, MILLETT
Amends: 5 MRSA §285

Legislative Document
No. 109
H.P. 91
House of Representatives, January 17, 2019
An Act To Create a Public Health Insurance Option
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BERRY of Bowdoinham.
Cosponsored by Senator VITELLI of Sagadahoc and
Representatives: BRENNAN of Portland, HEPLER of Woolwich, HYMANSON of York, 
PEBWORTH of Blue Hill, SYLVESTER of Portland, Senators: GRATWICK of Penobscot, 
MILLETT of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §285, sub-§1, ¶J, as amended by PL 2011, c. 438, §2, is further 
amended to read:
J.  Legislative employees that who are recipients of retirement allowances from the 
Maine Public Employees Retirement System based upon creditable service as 
teachers, as defined by section 17001, subsection 42; and
Sec. 2.  5 MRSA §285, sub-§1, ¶K, as enacted by PL 2011, c. 438, §3, is 
amended to read:
K.  Any employee of a school administrative unit as defined in Title 20-A, section 1, 
subsection 26 or of an educational advisory organization as described in Title 30-A, 
section 5724, subsection 9.; and
Sec. 3.  5 MRSA §285, sub-§1, ¶L is enacted to read:
L.  Any resident of this State who is legally domiciled as defined in Title 24-A, 
section 2736-C, subsection 1, paragraph C-1 and has been for at least the last 60 days.
Sec. 4.  5 MRSA §285, sub-§1-B, as amended by PL 2011, c. 438, §4, is further 
amended to read:
1-B.  Ineligibility.  Except as provided in subsection 1, paragraph K paragraphs K 
and L and subsection 11-A, members of the Maine Municipal Association and employees 
of counties and municipalities and instrumentalities thereof, including quasi-municipal 
corporations, are not eligible to participate in the group health plan under this section.
Sec. 5.  5 MRSA §285, sub-§2, as amended by PL 1991, c. 780, Pt. Y, §23, is 
further amended to read:
2.  Coverage.  Each state employee or other person to whom this section applies is 
eligible for a group health plan as provided in Title 24-A, sections 2802 to 2812 2812-A, 
including major medical benefits or through a self-funded alternative.  The provisions of 
the group insurance policy or policies or the self-funded alternative must be determined, 
insofar as the provisions are not inconsistent with terms and conditions contained in 
collective bargaining agreements negotiated pursuant to Title 26, chapter 9-B, by the 
State Employee Health Commission as provided in section 285-A.  The master policy for 
the group health plan must be held by the Commissioner of Administrative and Financial 
Services.
Sec. 6.  5 MRSA §285, sub-§3, as amended by PL 1987, c. 731, §3, is further 
amended to read:
3.  Enrollment.  Any employee or other person eligible under this section may join 
within the first 60 days of employment or during a declared open enrollment period.  The 
filing of necessary applications shall be is the responsibility of the employer in the case of 
an employee.  Effective dates under this section shall be are at the discretion of the 
commission.
Sec. 7.  5 MRSA §285, sub-§16 is enacted to read:
16.  Report on enrollment in group health plan pursuant to subsection 1, 
paragraph L.  The State Employee Health Commission, with the assistance of the 
Executive Director of Health Insurance, shall report annually beginning October 1, 2020 
on the number of persons enrolled in the group health plan who are eligible under 
subsection 1, paragraph L, the utilization of benefits by those persons, the total costs of 
coverage for those persons under the group health plan and the effect of those costs on the 
overall costs of the group health plan.
SUMMARY
This bill makes any legally domiciled resident of the State eligible for coverage under 
the group health plan available to state employees and other eligible persons.  The bill 
permits any resident enrolling in coverage under this provision to do so during an open 
enrollment period.
The bill also adds a reporting requirement to track the experience of those persons 
enrolling in coverage under the group health plan and the relative effect of that 
experience on the overall costs of the group health plan.