LD 1703
pg. 2
Page 1 of 2 An Act to Ensure Access to Health Insurance LD 1703 Title Page
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LR 1451
Item 1

 
§2741-A.__Domestic partner benefits

 
1.__Definition.__As used in this section, unless the context
otherwise indicates, "domestic partner" means the partner of a
policyholder who:

 
A.__Is an adult as is the policyholder;

 
B.__Has been legally domiciled with the policyholder for at
least 6 months;

 
C.__Is not legally married to another individual; and

 
E.__Is jointly responsible with the policyholder for each
other's common welfare as evidenced by joint living
arrangements, joint financial arrangements or joint
ownership of real or personal property.

 
2.__Domestic partner benefits.__All individual health
insurance policies or contracts issued by any insurer operating
pursuant to this chapter must provide to unmarried policyholders
the option for additional benefits for the domestic partner of
the policyholder, at appropriate rates and under the same terms
and conditions as those benefits or options for benefits are
provided to spouses of married policyholders.

 
3.__Financial dependency.__Financial dependency of a domestic
partner on the policyholder may not be required as a condition
for eligibility for coverage.

 
4.__Evidence of domestic partnership.__As a condition of
eligibility for coverage, a policyholder and the policyholder's
domestic partner may be required 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.

 
5.__Preexisting conditions.__A domestic partner is subject to
the same provisions on coverage of preexisting conditions as any
spouse or dependent of a policyholder.

 
Sec. 3. 24-A MRSA §2832-A is enacted to read:

 
§2832-A.__Domestic partner benefits

 
1.__Definition.__As used in this section, unless the context
otherwise indicates, "domestic partner" means the partner of a
certificate holder who:

 
A.__Is an adult as is the certificate holder;

 
B.__Has been legally domiciled with the certificate holder
for at least 6 months;

 
C.__Is not legally married to another individual; and

 
E.__Is jointly responsible with the certificate holder for
each other's common welfare as evidenced by joint living
arrangements, joint financial arrangements or joint
ownership of real or personal property.

 
2.__Domestic partner benefits.__All group or blanket health
insurance policies or contracts issued by any insurer operating
pursuant to this chapter must provide to unmarried certificate
holders the option for additional benefits for the domestic
partner of the certificate holder, at appropriate rates and under
the same terms and conditions as those benefits or options for
benefits are provided to spouses of married certificate holders.

 
3.__Financial dependency.__Financial dependency of a domestic
partner on the certificate holder may not be required as a
condition for eligibility for coverage.

 
4.__Evidence of domestic partnership.__As a condition of
eligibility for coverage, a certificate holder and the
certificate holder's domestic partner may be required 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.

 
5.__Preexisting conditions.__A domestic partner is subject to
the same provisions on coverage of preexisting conditions as any
spouse or dependent of a certificate holder.

 
Sec. 4. 24-A MRSA §4249 is enacted to read:

 
1.__Definition.__As used in this section, unless the context
otherwise indicates, "domestic partner" means the partner of an
enrollee or member who:

 
A.__Is an adult as is the enrollee or member;

 
B.__Has been legally domiciled with the enrollee or member
for at least 6 months;

 
D.__Is not legally married to another individual;

 
E.__Is jointly responsible with the enrollee or member for
each other's common welfare as evidenced by joint living
arrangements, joint financial arrangements or joint
ownership of real or personal property.

 
2.__Domestic partner benefits.__All individual or group
policies or contracts issued by any health maintenance
organization operating pursuant to this chapter must provide to
unmarried enrollees or members the option for additional benefits
for the domestic partner of the 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.

 
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.

 
4.__Evidence of domestic partnership.__As a condition of
eligibility for coverage, an enrollee or member and the
enrollee's or member's domestic partner may be required 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.

 
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.

 
SUMMARY

 
This bill requires health carriers to offer policies providing
coverage for domestic partners of health plan members under the
same terms and conditions as coverage for spouses of health plan
members. A domestic partner is defined as a person who is
legally domiciled in the health plan member's household and who
is not legally married to another individual.


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