Maine Revised Statutes Title 24 Sec. 2319-A – Mandated offer of domestic partner benefits
Current as of: 2023 | Check for updates
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1. Definition.
[PL 2021, c. 567, §26 (RP).]
Terms Used In Maine Revised Statutes Title 24 Sec. 2319-A
- 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.
- 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
- 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.
- Lease: 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
- Member: means a member of the organization entitled to vote under the articles or bylaws of the organization. See Maine Revised Statutes Title 24 Sec. 2301
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- organization: means a corporation or other entity authorized by the superintendent or organized pursuant to this chapter for the purpose of providing nonprofit hospital service plans within the meaning of subsection 1, nonprofit medical service plans within the meaning of subsection 2 and any organization that provides only nonprofit health care plans within the meaning of subsection 3. See Maine Revised Statutes Title 24 Sec. 2301
- 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.
- Subscriber: means an individual who has subscribed to one or more of the hospital, medical or health care service plans or contracts offered or issued by the organization or health insurance affiliate as defined in section 2308?A through an individual or family policy or group policy. See Maine Revised Statutes Title 24 Sec. 2301
2. Mandated offer of domestic partner benefits. All individual or group contracts issued by any nonprofit hospital or medical service 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 a subscriber 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 subscribers or members covered under an individual or group policy.
[PL 2001, c. 347, §1 (NEW); PL 2001, c. 347, §5 (AFF).]
3. Financial dependency. Financial dependency of a domestic partner on the subscriber or member may not be required as a condition for eligibility for coverage.
[PL 2001, c. 347, §1 (NEW); PL 2001, c. 347, §5 (AFF).]
4. Evidence of domestic partnership. As a condition of eligibility for coverage, a nonprofit hospital and medical service organization or a group policyholder may require a subscriber or member and the subscriber’s or member’s domestic partner to sign an affidavit attesting that the subscriber or member and the subscriber’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 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, §27 (AMD).]
5. Preexisting conditions. A domestic partner is subject to the same provisions on coverage of preexisting conditions as any spouse or dependent of a subscriber or member.
[PL 2001, c. 347, §1 (NEW); PL 2001, c. 347, §5 (AFF).]
6. Termination of domestic partner benefits. A nonprofit hospital and medical service organization may terminate coverage in accordance with other applicable provisions of this Title for the domestic partner of a subscriber or member upon notification by the subscriber or member that the domestic partner relationship has terminated.
[PL 2021, c. 567, §28 (AMD).]
7. Construction. This section does not prohibit a nonprofit hospital and medical service 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, §1 (NEW); PL 2001, c. 347, §5 (AFF).]
SECTION HISTORY
PL 2001, c. 347, §1 (NEW). PL 2001, c. 347, §5 (AFF). PL 2021, c. 567, §§26-28 (AMD).