An Act to Ensure Dental Insurance Coverage for Certain Adults with Disabilities
Maine Legislature, Session 131, LD 1041
Committee: Health Coverage, Insurance and Financial Services
Sponsors: MILLETT, BALDACCI, ARFORD, CLUCHEY, MATHIESON, PERRY, RENY
Amends: 24-A MRSA §2766, 24-A MRSA §2847-R

Legislative Document
No. 1041
H.P. 677
House of Representatives, March 7, 2023
An Act to Ensure Dental Insurance Coverage for Certain Adults 
with Disabilities
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MILLETT of Cape Elizabeth.
Cosponsored by Senator BALDACCI of Penobscot and
Representatives: ARFORD of Brunswick, CLUCHEY of Bowdoinham, MATHIESON of 
Kittery, PERRY of Calais, Senator: RENY of Lincoln.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  24-A MRSA §2766, as enacted by PL 2009, c. 578, §2 and affected by §4, 
is amended to read:
§2766.  Enrollment of dependent children in dental coverage
1.  Offer of dependent coverage; enrollment period.  All individual dental insurance 
policies and contracts that offer dependent coverage must offer the opportunity to enroll a 
dependent child in the dental insurance coverage at appropriate rates during the following 
periods:
A.  From birth to 30 days of age; and
B.  Any open or annual enrollment period.; and
C.  At any time through a special enrollment period for a dependent child with a 
disability in accordance with subsection 2.
2.  Mandatory offer of coverage for a dependent child with a disability.  An 
individual dental insurance policy or contract that offers coverage for a dependent child 
must offer such coverage, at the option of the policyholder, for a dependent child with a 
disability, regardless of age.  A policyholder shall furnish proof of a dependent child's 
disability to the insurer within 31 days of enrollment 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 initial enrollment. For the purposes of 
this subsection, "disability" means a physical, mental, intellectual or developmental 
disability that renders a person incapable of self-sustaining employment.
Sec. 2.  24-A MRSA §2847-R, as enacted by PL 2009, c. 578, §3 and affected by 
§4, is amended to read:
§2847-R.  Enrollment of dependent children in dental coverage
1.  Offer of dependent coverage; enrollment period.  All group dental insurance 
policies, contracts and certificates that offer dependent coverage must offer the opportunity 
to enroll a dependent child in the dental insurance coverage at appropriate rates during the 
following periods:
A.  From birth to 30 days of age; and
B.  Any open or annual enrollment period.; and
C.  At any time through a special enrollment period for a dependent child with a 
disability in accordance with subsection 2.
2.  Mandatory offer of coverage for a dependent child with a disability.  A group 
dental insurance policy, contract or certificate that offers coverage for a dependent child 
must offer such coverage, at the option of the parent, for a dependent child with a disability, 
regardless of age.  A parent shall furnish proof of a dependent child's disability to the 
insurer within 31 days of enrollment 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 initial enrollment. For the purposes of this subsection, 
"disability" means a physical, mental, intellectual or developmental disability that renders 
a person incapable of self-sustaining employment.
SUMMARY
This bill requires individual and group dental insurance policies, contracts and 
certificates that offer coverage for a dependent child to offer coverage for dependent 
children with disabilities who are unable to sustain themselves through employment in the 
same manner as for a dependent child on a parent’s health insurance coverage. The bill 
requires that an insurer is required to offer coverage for a dependent child with a disability, 
at the option of the policyholder, contract holder or certificate holder, regardless of age.