Maine Revised Statutes
Subchapter 1: HEALTH PLAN REQUIREMENTS
24-A §4320-D. Comprehensive health coverage

§4320-D. Comprehensive health coverage
Notwithstanding any other requirements of this Title, a carrier offering a health plan in this State shall, at a minimum, provide coverage that incorporates an essential health benefits package consistent with the requirements of this section.   [PL 2019, c. 5, Pt. B, §1 (AMD).]
1.  Essential health benefits package; definition.  As used in this section, "essential health benefits package" means, with respect to any health plan, coverage that:  
A. Provides for the essential health benefits in accordance with subsection 2;   [PL 2019, c. 5, Pt. B, §1 (NEW).]
B. Limits cost sharing for coverage in accordance with subsection 3; and   [PL 2019, c. 5, Pt. B, §1 (NEW).]
C. Provides for levels of coverage in accordance with subsection 4.   [PL 2019, c. 5, Pt. B, §1 (NEW).]
[PL 2019, c. 5, Pt. B, §1 (NEW).]
2.  Substantially similar to federal Affordable Care Act; required categories.  With respect to any individual or small group health plan offered on or after January 1, 2020, a carrier shall provide essential health benefits that are substantially similar to that of the essential health benefits required in this State for a health plan subject to the federal Affordable Care Act as of January 1, 2019. Essential health benefits required for a health plan must include at least the following general categories and the items and services covered within the categories:  
A. Ambulatory patient services;   [PL 2019, c. 5, Pt. B, §1 (NEW).]
B. Emergency services;   [PL 2019, c. 5, Pt. B, §1 (NEW).]
C. Hospitalization;   [PL 2019, c. 5, Pt. B, §1 (NEW).]
D. Maternity and newborn care;   [PL 2019, c. 5, Pt. B, §1 (NEW).]
E. Mental health and substance use disorder services, including behavioral health treatment;   [PL 2019, c. 5, Pt. B, §1 (NEW).]
F. Prescription drugs;   [PL 2019, c. 5, Pt. B, §1 (NEW).]
G. Rehabilitative and habilitative services and devices;   [PL 2019, c. 5, Pt. B, §1 (NEW).]
H. Laboratory services;   [PL 2019, c. 5, Pt. B, §1 (NEW).]
I. Preventive and wellness services and chronic disease management; and   [PL 2019, c. 5, Pt. B, §1 (NEW).]
J. Pediatric services, including oral and vision care, to the extent required by the federal Affordable Care Act as of January 1, 2019.   [PL 2019, c. 5, Pt. B, §1 (NEW).]
[PL 2019, c. 5, Pt. B, §1 (NEW).]
3.  Cost-sharing limitations.  With respect to any health plan offered on or after the effective date of this subsection, a carrier shall limit cost sharing on an annual basis in a manner that is consistent with the annual limits established for a health plan subject to the federal Affordable Care Act as of January 1, 2019 and as adjusted by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, or, if the Centers for Medicare and Medicaid Services does not establish annual limits on cost sharing, the superintendent shall adopt rules establishing annual limits on cost sharing under this subsection that are calculated in substantially the same manner as the Centers for Medicare and Medicaid Services calculated the annual limit in the most recent year it calculated the annual limit.  
[PL 2019, c. 5, Pt. B, §1 (NEW).]
4.  Levels of coverage.  Carriers shall offer coverage at levels that are substantially similar to the levels of coverage required for health plans subject to the federal Affordable Care Act as of January 1, 2019. The superintendent may adopt rules defining such levels of coverage. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.  
[PL 2019, c. 5, Pt. B, §1 (NEW).]
5.  Rule of construction.  This section may not be construed to prohibit a health plan from providing benefits in excess of the essential health benefits described in this section.  
[PL 2019, c. 5, Pt. B, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 364, §34 (NEW). PL 2019, c. 5, Pt. B, §1 (AMD).

Structure Maine Revised Statutes

Maine Revised Statutes

TITLE 24-A: MAINE INSURANCE CODE

Chapter 56-A: HEALTH PLAN IMPROVEMENT ACT

Subchapter 1: HEALTH PLAN REQUIREMENTS

24-A §4301. Definitions (REPEALED)

24-A §4301-A. Definitions

24-A §4302. Reporting requirements

24-A §4303. Plan requirements

24-A §4303-A. Provider profiling programs

24-A §4303-B. Disclosure related to provider networks

24-A §4303-C. Protection from surprise bills and bills for out-of-network emergency services

24-A §4303-D. Provider directories

24-A §4303-E. Dispute resolution process for surprise bills and bills for out-of-network emergency services

24-A §4303-F. Reimbursement for ambulance services and participation of ambulance service providers in carrier networks

24-A §4304. Utilization review

24-A §4305. Quality of care

24-A §4306. Enrollee choice of primary care provider

24-A §4306-A. Patient access to obstetrical and gynecological care

24-A §4307. Construction

24-A §4308. Indemnification

24-A §4309. Adoption of rules

24-A §4309-A. Compliance with the Affordable Care Act

24-A §4310. Access to clinical trials

24-A §4311. Access to prescription drugs

24-A §4312. Independent external review

24-A §4313. Carrier liability; cause of action

24-A §4314. Access to eye care providers

24-A §4314-A. Coverage for early refills of prescription eye drops

24-A §4315. Coverage of prosthetic devices

24-A §4316. Coverage for telehealth services

24-A §4317. Pharmacy providers

24-A §4317-A. Prescription drug coverage; out-of-pocket expenses for coinsurance

24-A §4317-B. Orally administered cancer therapy

24-A §4317-C. Coverage for prescription insulin drugs; limit on out-of-pocket costs

24-A §4317-D. Coverage of HIV prevention drugs

24-A §4317-E. Coverage for emergency supply of chronic maintenance drugs

24-A §4318. Prohibition against maximum aggregate benefit provisions (REALLOCATED FROM TITLE 24-A, SECTION 4317) (REPEALED)

24-A §4318-A. Comparable health care service incentive program (WHOLE SECTION TEXT EFFECTIVE UNTIL 1/1/24) (WHOLE SECTION TEXT REPEALED 1/1/24)

24-A §4318-B. Access to lower-priced services (WHOLE SECTION TEXT EFFECTIVE UNTIL 1/1/24) (WHOLE SECTION TEXT REPEALED 1/1/24)

24-A §4319. Rebates

24-A §4319-A. Guaranteed issue

24-A §4319-B. Medical loss ratio reporting for dental insurance plans

24-A §4320. No lifetime or annual limits on health plans

24-A §4320-A. Coverage of preventive and primary health services

24-A §4320-B. Extension of dependent coverage

24-A §4320-C. Emergency services

24-A §4320-D. Comprehensive health coverage

24-A §4320-E. Reinsurance, risk corridors and risk adjustment

24-A §4320-F. Oversight of plans offered on the American Health Benefit Exchange and the SHOP Exchange

24-A §4320-G. Applicability to health plans grandfathered under the Affordable Care Act

24-A §4320-H. Payment reform pilot projects (REALLOCATED FROM TITLE 24-A, SECTION 4320)

24-A §4320-I. Coverage for the cost of testing for bone marrow donation suitability

24-A §4320-J. Coverage for abuse-deterrent opioid analgesic drug products

24-A §4320-K. Coverage for services provided by a naturopathic doctor

24-A §4320-L. Nondiscrimination

24-A §4320-M. Coverage for abortion services

24-A §4320-N. Step therapy (REALLOCATED FROM TITLE 24-A, SECTION 4320-M)

24-A §4320-O. Coverage for services provided by a physician assistant

24-A §4320-P. Coverage for health care services for COVID-19

24-A §4320-Q. Coverage for services provided by a certified registered nurse anesthetist (REALLOCATED FROM TITLE 24-A, SECTION 4320-P)

24-A §4320-R. Mandatory offer of coverage for certain adults with disabilities

24-A §4320-S. Coverage for dental services for cancer patients

24-A §4320-T. Implementation of federal mental health parity laws (WHOLE SECTION TEXT EFFECTIVE UNTIL 4/30/28) (WHOLE SECTION TEXT REPEALED 4/30/28) (REALLOCATED FROM TITLE 24-A, SECTION 4320-R)

24-A §4320-U. Coverage for fertility services (REALLOCATED FROM TITLE 24-A, SECTION 4320-S)