An Act To Ensure Health Insurance Coverage for Certain Adults with Disabilities
Maine Legislature, Session 130, LD 1798
Committee: Health Coverage, Insurance and Financial Services
Sponsors: MILLETT, SANBORN, ARFORD, BROOKS, EVANS, FECTEAU, MATHIESON, TEPLER
Amends: 24-A MRSA §2742-B, 24-A MRSA §2742-C, 24-A MRSA §2833-B, 24-A MRSA §2833-C, 24-A MRSA §4233-B, 24-A MRSA §4233-C, 24-A MRSA §4320-B, 24-A MRSA §4320-R

Legislative Document
No. 1798
H.P. 1339
House of Representatives, December 9, 2021
An Act To Ensure Health Insurance Coverage for Certain Adults 
with Disabilities
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Clerk of the House on December 7, 2021.  Referred to the Committee on 
Health Coverage, Insurance and Financial Services pursuant to Joint Rule 308.2 and ordered 
printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MILLETT of Cape Elizabeth.
Cosponsored by Senator SANBORN of Cumberland and
Representatives: ARFORD of Brunswick, BROOKS of Lewiston, EVANS of Dover-Foxcroft, 
Speaker FECTEAU of Biddeford, MATHIESON of Kittery, TEPLER of Topsham.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the COVID-19 pandemic has substantially altered the Maine workforce; 
and
Whereas, the current workforce crisis limits Medicaid-funded employment options 
for persons with disabilities; and
Whereas, Maine citizens with disabilities should have access to health insurance, 
especially during a pandemic; 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.  24-A MRSA §2742-B, sub-§2, as amended by PL 2019, c. 5, Pt. A, §8, is 
further amended to read:
2.  Offer of coverage.  Notwithstanding section 2703, subsection 3 and except as 
provided in section 2742-C, an individual health insurance policy that offers coverage for 
a dependent child must offer such coverage, at the option of the policyholder, until the 
dependent child attains 26 years of age.
Sec. 2.  24-A MRSA §2742-C is enacted to read:
§2742-C.  Mandatory offer to extend coverage for certain adults with disabilities
This section governs the requirement for individual health insurance policies to extend 
coverage for certain persons with disabilities.
1. Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A. “Dependent child” has the same meaning as in section 2742-B, subsection 1.
B. “Disability” means a physical, intellectual or developmental disability that renders 
a person incapable of self-sustaining employment.
2. Offer of coverage.  An individual health insurance policy that offers coverage for a 
dependent child must offer such coverage, at the option of the policyholder, for a dependent 
child with a disability.
3. Proof of disability.  A policyholder shall furnish proof of a dependent child’s 
disability to the insurer within 31 days of the dependent child’s attainment of the limiting 
age established in section 2742-B, subsection 2 and subsequently as may be required by 
the insurer, but the insurer may not require proof more frequently than annually after the 
2-year period following the dependent child’s attainment of the limiting age.
Sec. 3.  24-A MRSA §2833-B, sub-§2, as amended by PL 2019, c. 5, Pt. A, §13, is 
further amended to read:
2.  Offer of coverage.  Notwithstanding section 2822 and except as provided in section 
2833-C, a group health insurance policy that offers coverage for a dependent child must 
offer such coverage, at the option of the parent, until the dependent child attains 26 years 
of age.
Sec. 4.  24-A MRSA §2833-C is enacted to read:
§2833-C.  Mandatory offer to extend coverage for certain adults with disabilities
This section governs the requirement for group health insurance policies to extend 
coverage for certain persons with disabilities.
1. Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A. “Dependent child” has the same meaning as in section 2833-B, subsection 1.
B. “Disability” means a physical, intellectual or developmental disability that renders 
a person incapable of self-sustaining employment.
2. Offer of coverage.  A group health insurance policy that offers coverage for a 
dependent child must offer such coverage, at the option of the enrollee, for a dependent 
child with a disability.
3. Proof of disability.  An enrollee shall furnish proof of a dependent child’s disability 
to the insurer within 31 days of the dependent child’s attainment of the limiting age 
established in section 2833-B, subsection 2 and subsequently as may be required by the 
insurer, but the insurer may not require proof more frequently than annually after the 2-
year period following the dependent child’s attainment of the limiting age.
Sec. 5.  24-A MRSA §4233-B, sub-§2, as amended by PL 2019, c. 5, Pt. A, §18, is 
further amended to read:
2.  Offer of coverage.  An Except as provided in section 4233-C, an individual or 
group health maintenance organization contract that offers coverage for a dependent child 
must offer such coverage, at the option of the parent, until the dependent child attains 26 
years of age.
Sec. 6.  24-A MRSA §4233-C is enacted to read:
§4233-C.  Mandatory offer to extend coverage for certain adults with disabilities
This section governs the requirement for individual or group health maintenance 
organization contracts to extend coverage for certain persons with disabilities.
1. Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A. “Dependent child” has the same meaning as in section 4233-B, subsection 1.
B. “Disability” means a physical, intellectual or developmental disability that renders 
a person incapable of self-sustaining employment.
2. Offer of coverage.  An individual or group health maintenance organization contract 
that offers coverage for a dependent child must offer such coverage, at the option of the 
enrollee, for a dependent child with a disability.
3. Proof of disability.  An enrollee shall furnish proof of a dependent child’s disability 
to the insurer within 31 days of the dependent child’s attainment of the limiting age 
established in section 4233-B, subsection 2 and subsequently as may be required by the 
insurer, but the insurer may not require proof more frequently than annually after the 2-
year period following the dependent child’s attainment of the limiting age.
Sec. 7.  24-A MRSA §4320-B, as enacted by PL 2011, c. 364, §34, is amended to 
read:
§4320-B.  Extension of dependent coverage
A Except as provided in section 4320-R, a carrier offering a health plan subject to the 
requirements of the federal Affordable Care Act that provides dependent coverage of 
children shall continue to make such coverage available for an adult child until the child 
turns 26 years of age, consistent with the federal Affordable Care Act.
Sec. 8.  24-A MRSA §4320-R is enacted to read:
§4320-R.  Mandatory offer to extend coverage for certain adults with disabilities
This section governs the requirement for health plans subject to the requirements of the 
federal Affordable Care Act to extend coverage for certain persons with disabilities.
1. Definition.  As used in this section, unless the context otherwise indicates, 
“disability” means a physical, intellectual or developmental disability that renders a person 
incapable of self-sustaining employment.
2. Offer of coverage.  A health plan subject to the requirements of the federal 
Affordable Care Act that offers coverage for a dependent child must offer such coverage, 
at the option of the enrollee, for a dependent child with a disability.
3. Proof of disability.  An enrollee shall furnish proof of a dependent child’s disability 
to the insurer within 31 days of the dependent child’s attainment of the limiting age 
established in section 4320-B and subsequently as may be required by the insurer, but the 
insurer may not require proof more frequently than annually after the 2-year period 
following the dependent child’s attainment of the limiting age.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill requires health insurance policies that offer coverage for a dependent child to 
cover adults with disabilities who are unable to sustain themselves through employment.