§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
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 §4302. Reporting 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 §4304. Utilization review
24-A §4306. Enrollee choice of primary care provider
24-A §4306-A. Patient access to obstetrical and gynecological care
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 §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-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-R. Mandatory offer of coverage for certain adults with disabilities
24-A §4320-S. Coverage for dental services for cancer patients
24-A §4320-U. Coverage for fertility services (REALLOCATED FROM TITLE 24-A, SECTION 4320-S)