An Act To Provide Maine Residents Losing Employer-based Health Coverage with Information about Other Coverage
Maine Legislature, Session 130, LD 0653
Committee: Health Coverage, Insurance and Financial Services
Sponsors: ARFORD, SANBORN, BROOKS, EVANS, MATHIESON, TEPLER, CARNEY, KEIM, STEWART
Amends: 24-A MRSA §2809-A

Legislative Document
No. 653
H.P. 480
House of Representatives, March 3, 2021
An Act To Provide Maine Residents Losing Employer-based Health 
Coverage with Information about Other Coverage
Received by the Clerk of the House on March 1, 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 ARFORD of Brunswick.
Cosponsored by Senator SANBORN of Cumberland and
Representatives: BROOKS of Lewiston, EVANS of Dover-Foxcroft, MATHIESON of Kittery, 
TEPLER of Topsham, Senators: CARNEY of Cumberland, KEIM of Oxford, STEWART of 
Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  24-A MRSA §2809-A, sub-§1-B, as amended by PL 2007, c. 199, Pt. F, 
§1, is further amended to read:
1-B.  Notification of availability of individual coverage.  An insurer shall provide 
forms to group policyholders, and certificate holders when required by subsection 1‑A, for 
the purpose of informing terminating group members of their right to purchase any 
individual health plan available in this State, including their eligibility for any special 
enrollment period to purchase an individual health plan pursuant to the federal Affordable 
Care Act, and of the availability of public health coverage options available in this State, 
including but not limited to MaineCare coverage.  An adequate supply of forms must be 
provided to each group policyholder when the policy is issued and at least annually after 
the policy is issued.  The superintendent may prescribe the content of the form by routine 
technical rule pursuant to Title 5, chapter 375, subchapter 2‑A.  The form must include at 
least the following:
A.  A statement that all state residents not eligible for Medicare have a right to purchase 
any individual health plan available in this State;
B.  A statement that in order to avoid a gap in coverage, the individual should apply 
for individual coverage prior to termination of group coverage;
C.  A statement that if more than 90 days pass between the time the group coverage 
ends and the time individual coverage begins, the individual coverage may exclude 
preexisting conditions for one year; and
D.  A statement that information concerning individual coverage is available from the 
Bureau of Insurance.  The bureau's toll-free telephone number must also be provided.;
E.  A statement that termination of coverage may be a qualifying life event for a special 
enrollment period to purchase an individual health plan.  The length of time for the 
relevant special enrollment period and the dates for the next annual open enrollment 
must also be provided;
F.  A statement that financial assistance may be available to eligible individuals to 
purchase a qualified health plan through the Maine Health Insurance Marketplace 
established in Title 22, section 5403.  The marketplace's publicly accessible website 
and the toll-free telephone number must also be provided;
G.  A statement that eligible individuals may qualify for free health coverage through 
MaineCare.  The MaineCare program's publicly accessible website and toll-free 
telephone number must also be provided; and
H.  A statement that the individual may contact the Health Insurance Consumer 
Assistance Program established in section 4326 for help obtaining health insurance 
coverage, including additional information and assistance enrolling in coverage.  The 
program's publicly accessible website, toll-free telephone number and e-mail address 
must also be provided.
SUMMARY
This bill requires insurers, when terminating group health coverage, to provide 
information to policyholders, including employers, that can be shared with group members 
about their eligibility for any special enrollment period to purchase an individual health 
plan pursuant to the federal Affordable Care and Patient Protection Act and about the 
availability of public health coverage options like MaineCare.  The bill also adds minimum 
requirements as to the content of the form provided to policy holders.