Maine Revised Statutes Title 24-A Sec. 4249 – Mandated offer of domestic partner benefits
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1. Definition.
[PL 2021, c. 567, §37 (RP).]
Terms Used In Maine Revised Statutes Title 24-A Sec. 4249
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Dependent: A person dependent for support upon another.
- Domestic partner: means one of 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare. See Maine Revised Statutes Title 1 Sec. 72
- Enrollee: means an individual who is enrolled in a health maintenance organization. See Maine Revised Statutes Title 24-A Sec. 4202-A
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Health maintenance organization: means a public or private organization that is organized under the laws of the Federal Government, this State, another state or the District of Columbia or a component of such an organization, and that:
A. See Maine Revised Statutes Title 24-A Sec. 4202-ALease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
2. Mandated offer of domestic partner benefits. All individual or group policies or contracts issued by any health maintenance organization operating pursuant to this chapter must make available to an individual or group policyholder the option for additional benefits for the domestic partner of an enrollee or member, at appropriate rates and under the same terms and conditions as those benefits or options for benefits are provided to spouses of married enrollees or members covered under a health maintenance organization individual or group contract.
[PL 2001, c. 347, §4 (NEW); PL 2001, c. 347, §5 (AFF).]
3. Financial dependency. Financial dependency of a domestic partner on the enrollee or member may not be required as a condition for eligibility for coverage.
[PL 2001, c. 347, §4 (NEW); PL 2001, c. 347, §5 (AFF).]
4. Evidence of domestic partnership. As a condition of eligibility for coverage, a health maintenance organization or group policyholder may require an enrollee or member and the enrollee’s or member’s domestic partner to sign an affidavit attesting that the enrollee or member and enrollee’s or member’s domestic partner meet the definition of domestic partner under Title 1, section 72, subsection 2?C and to show documentation of joint ownership or occupancy of real property, such as a joint deed, joint mortgage or a joint lease, or the existence of a joint credit card, joint bank account or powers of attorney in which each domestic partner is authorized to act for the other.
[PL 2021, c. 567, §38 (AMD).]
5. Preexisting conditions. A domestic partner is subject to the same provisions on coverage of preexisting conditions as any spouse or dependent of an enrollee or member.
[PL 2001, c. 347, §4 (NEW); PL 2001, c. 347, §5 (AFF).]
6. Termination of domestic partner benefits. A health maintenance organization may terminate coverage in accordance with other applicable provisions of this Title for the domestic partner of an enrollee or member upon notification by the enrollee or member that the domestic partner relationship has terminated.
[PL 2021, c. 567, §39 (AMD).]
7. Construction. This section does not prohibit a health maintenance organization from negotiating a policy providing domestic partner benefits to a policyholder that does not comply with the requirements of this section.
[PL 2001, c. 347, §4 (NEW); PL 2001, c. 347, §5 (AFF).]
Revisor’s Note: §4249. Coverage for general anesthesia for dentistry (As enacted by PL 2001, c. 423, §4 and affected by §5 is REALLOCATED TO TITLE 24-A, SECTION 4251)
Revisor’s Note: §4249. Coverage for hospice care services (As enacted by PL 2001, c. 358, Pt. LL, §4 and affected by §5 is REALLOCATED TO TITLE 24-A, SECTION 4250)
SECTION HISTORY
PL 2001, c. 347, §4 (NEW). PL 2001, c. 347, §5 (AFF). PL 2001, c. 358, §LL4 (NEW). PL 2001, c. 358, §LL5 (AFF). PL 2001, c. 423, §4 (NEW). PL 2001, c. 423, §5 (AFF). RR 2001, c. 1, §§36,37 (RAL). PL 2021, c. 567, §§37-39 (AMD).