Maine Code § 24-A-4234

Child coverage
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1. Definitions. For the purposes of this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Dependent children" means children who are under 19 years of age and are children,
stepchildren or adopted children of, or children placed for adoption with, the enrollee, member or
spouse of the enrollee or member. [PL 1993, c. 666, Pt. A, §7 (NEW).]
B. "Placed for adoption" means the assumption and retention of a legal obligation by a person for
the total or partial support of a child in anticipation of adoption of the child. If the legal obligation
ceases to exist, the child is no longer considered placed for adoption. [PL 1993, c. 666, Pt. A, §7
(NEW).]
[PL 1993, c. 666, Pt. A, §7 (RPR).]
2. Coverage. All individual or group coverage subject to this chapter must provide unmarried
enrollees with the same benefits or option of benefits for dependent children as is extended to dependent
children of married enrollees, at appropriate rates and under the same terms and conditions.
[PL 1991, c. 200, Pt. B, §5 (NEW).]
3. Financial dependency. Financial dependency of dependent children on the enrollee or the
spouse of the enrollee may not be required as a condition for eligibility for coverage.
[PL 1991, c. 200, Pt. B, §5 (NEW).]
4. Adopted children. All individual or group contracts issued in accordance with the requirements
of this section must provide the same benefits to dependent children placed for adoption with the
enrollee or spouse of the enrollee under the same terms and conditions as apply to natural dependent
children or stepchildren of the enrollee or spouse of the enrollee, irrespective of whether the adoption
has become final.
[PL 1993, c. 666, Pt. A, §8 (NEW).]
5. Medicaid. Health maintenance organizations may not consider the availability or eligibility for
medical assistance under 42 United States Code, Section 13969, referred to as "Medicaid," when
considering coverage eligibility or benefit calculations for enrollees and covered family members.
A. To the extent that payment for coverage expenses has been made under the Medicaid program
for health care items or services furnished to an individual, the State is considered to have acquired
the rights of the enrollee or family member to payment by the health maintenance organization for
those health care items or services. Upon presentation of proof that the Medicaid program has paid
for covered items or services, the health maintenance organization shall make payment to the
Medicaid program according to the coverage provided in the contract or certificate. [PL 1993, c.
666, Pt. B, §3 (NEW).]
B. A health maintenance organization may not impose requirements on a state agency that has
been assigned the rights of an individual eligible for Medicaid and covered by an enrollee contract
that are different from requirements applicable to an agent or assignee of any other covered
individual. [PL 1993, c. 666, Pt. B, §3 (NEW).]
[PL 1993, c. 666, Pt. B, §3 (NEW).]

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