An Act Concerning Workers' Compensation and Short-term Disability Insurance in Maine
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 24-A MRSA §2829-B is enacted to read:
§ 2829-B. Short-term disability insurance policies
1. Preexisting condition exclusion. As used in this section, "preexisting condition exclusion," with respect to coverage, means a limitation or exclusion of benefits relating to a condition based on the fact or perception that the condition was present, or that the person was at particularized risk of developing the condition, before the date of enrollment for coverage, whether or not any medical advice, diagnosis, care or treatment was recommended or received before that date.
2. Limitations. For any policy or contract subject to this chapter that provides short-term disability income benefits issued or renewed on or after January 1, 2014, an insurer may not:
A. Refuse to provide coverage to an otherwise eligible member of a group on the basis of a preexisting condition; or
B. Impose a preexisting condition exclusion on coverage for an otherwise eligible member of a group.
Sec. 2. 39-A MRSA §201, sub-§7 is enacted to read:
7. Cumulative or gradual injuries. A work-related injury is compensable under this Title regardless of whether the injury is of a cumulative or gradual nature, including for example an injury due to repetitive motion.
SUMMARY
This bill provides that an injured worker is eligible for workers' compensation benefits for a work-related injury regardless of whether the injury is of a cumulative or gradual nature. The bill also prohibits an insurer that issues group short-term disability insurance on or after January 1, 2014 from refusing to provide coverage on the basis of a preexisting condition or from imposing any exclusion of coverage based on a preexisting condition.