An Act To Increa'se Access to Health Care by Providing hlsurance Coverage for Telemedicine
Maine Legislature, Session 124, LD 1366
Committee: Irisurance and Financial Services
Sponsors: PIOTTI
Amends: 24-A MRSA §2765, 24-A MRSA §2847-Q, 24-A MRSA §4257

FIRST F..El:ULAR SF,SSION-2009 
Legislative Document 
No. 1366 
H.P.956 
House of Representatives, April 2, 2009 
An Act To Increa'se Access to Health Care by Providing hlsurance 
Coverage for Telemedicine 
Reference to the Committee on Irisurance and Financial Services suggested and ordered 
printed,' 
. 
Presented by Representative PIOTTI of Unity. 
c.osponsored by Representative GILES of Belfast and 
Representative: O'BRIEN of Lincolnville, 
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MILLICENT M. MacFARLAND 
Clerk 
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Be it enacted by the 'People ofthe State of Maine as follows: 
Sec. 1. 24-A MRSA §2765 is enacted to read: 
§2765. Coverage for health care services provided through telemedicine 
All individual health insurance poiicies, contracts and certificates· must provide 
coverage for health care services that are provided through telemedicine if the health care 
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service would be covered ,,,,ere it provided through in-person consultation between the 
covered person and a health care pro,·jder. 
1. Definition.· For the purposes of this section, "telemedicine," as it pertains to the 
delivery of health care services. means the use of interactiVe audio, video or other 
0 
electronic media for the purpose of diagnosis, consultation or treatment.. "Telemedicine" 
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does not include the use of audio-only telephone, facsimile machine or e-mail. 
2. Deductible, copayment and coinsurance. A contract that provides coverage for 
services under this section may contain a provision for a deductible, copayment or 
coinsurance requirement for a health care service provided throughtelemedicine as long 
as the deductible, copayment or coinsurance does not exceed the deductible, copayment 
or coinsurance applicable to an in-person consultation. 
3. Coverage consistency. Coverage for health care services under this section must 
be consistent with coverage· for· health care services provided through in-person 
consultation. 
4. Rulemaking. The superintendent may adopt rules regarding coverage for health 
care services provided through telemedicine. Rules adopted pursuant to this subsection 
are routine teclmical rules as defined by Title 5, chapter 375, subchapter 2-A. 
Sec. 2. 24-A MRSA §2847-Q is enacted to read: 
§2S47-Q. Coverage for health care services provided through telemedicine 
All group health ~surance policies, contracts and certificates must provide coverage 
for health care services that are provided through telemedicine if the health care service 
would be covered were it provided through in-person consultation between the covered 
person and a health care provider. 
1. Definition. For the purposes of tIllS section, "telemedicine," as it pertains to the 
delivery of health care services, means the use of interactive audio, video or other 
electronic media for the purpose of diagnosis, consultation or treatment. "Telemedicine" 
does not include audio-only telephone, facsimile machine or e-mail. 
2. Deductible, copayme'nt and coinsurance. A contract. that provides coverage for 
serviCes under this section may contain a provision for a deductible, copayment or 
coinsurance requirement for a health care service provided through telemedicine as long 
as the deductible, copayment or coinsurance does not exceed the deductible, copayment 
or coinsurance applicable to an in-person consultation. 
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3. Coverage consistency. Coverage for health care services under this section must 
be consistent with coverage for health care services provided through in-person 
consultation. 
4. Rulemaking. The superintendent may adopt rules regarding coverage for health 
care services provided through telemedicine. Rules adopted pursuant to this subsection 
arc routine technical rules as defined by Title 5, chapter 375, subchapter 2~A. 
Sec, 3. 24-A MRSA §4257 is enacted to read: 
§4257. Coverage for health care services provided through telemedicine 
All individual and group health maintenance organization policies, contracts and 
certificates must provide coverage for health care services that are provided through 
telemedicine if the health care service would be covered were it provided through in-
person consultation between the covered person and a health care provider. 
1. Definition. For the purposes of this section, "telemedicine," as it pertains to the 
delivery of health care services, means the use of interactive audio, video or other 
electronic media for the purpose of diagnosis, consultation or treatment. "Telemedicine" 
does not include audio-only telephone, facsimile machine or e-mail. 
2. Deductible, copayment and coinsurance. A contract that provides coverage for 
services under this section may contain a provision for a deductible, copayment or 
coinsllrance requirement for a health care service provided through telemedicine as long 
as the deductible, copayment or coinsurance does not exceed the deductible, copayment 
or coinsurance applicable to an in-person consultation. . 
3. Coverage consistency. Coverage for health care services under this section must 
be consistent with payment for health care services provided through in-person 
consultation. 
4. Rulemaking. The superintendent may adopt rules regarding coverage for health 
care services provided through telerriedicine. Rules adopted pursuant to this subsection 
are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A. 
Sec. 4 .. Application. The requirements of this Act apply to all policies, contracts 
and certificates executed; ddivered, issued for delivery, continued or renewed in tIns 
State on or after January 1, 20 I O. For purposes of this Act, all contracts are deemed to be 
renewed no later than the next yearly anniversary of the contract date. 
SUMMARY 
TIns bill provides for coverage of health care services delivered through 
telemedicine. The bill allows deductibles, copayments and coinsurance the same as for 
in-person health services and provides for coverage consistent with in-person health care 
services. 
The provisions of the bill apply to all policies, contracts and certificates 
executed, delivered, issued for delivery, continued or renewed in this State on or after 
January I, 2010.