An Act To Provide for Insurance Coverage of Telemedicine Services
Maine Legislature, Session 124, LD 1073
Committee: Insurance and Financial Services
Sponsors: PERRY, PINGREE, SANBORN, STRANG BURGESS, TREAT
Amends: 24-A MRSA §2765

MAINE STATE LEGISLATURE 
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124th MAINE LEGISLATU 
Legislative Document 
No. 1073 
H.P.740 
House of Representatives, March 17, 2009 
An Act To Provide for Insurance Coverage of Telemedicine Services 
Reference to the Committee on Insurance and Financial Services suggested and ordered· 
printed. 
Presented by Representative PERRY of Calais. 
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MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: Speaker PINGREE of North Haven, SANBORN of Gorham, 
STRANG BURGESS of Cumberland, TREAT of Hallowell. 
Printed on recycled PilPCI: 
Be it enacted by the People of the 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 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 
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electronic media for the purpose of diagnosis, consultation or treatment. "Telemedicine" 
does not include the use of audio-only telephone, facsimile machine or e-mail. 
2. 
Telemedicine networl{. An insurer may limit coverage to those health care 
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providers in a telemedicine network approved by the insurer. 
3. 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 through telemedicine as long 
as the deductible, copayment or coinsurance does not exceed the deductible, copayment 
or coinsurance applicable to· an in-person consultation. 
4. Coverage consistency. Coverage for health care services under this section must 
be consistent with coverage for health care services provided through in-person 
consultation. 
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5. Rulemaking. The superintendent may adopt rules regarding coverage for health 
care services provided through telemedicine. Rules adopted pursuant to this subsection 
are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A. 
Sec. 2. 2~-A MRSA §2847-Q IS enacted to read: 
§2847-0. Coverage for health care services provided through telemedicine 
All group health insurance 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. 
Telemedicine networl{. An insurer may limit coverage to those health care 
providers in a telemedicine network approved by the insurer. . 
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3. 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 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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4. Coverage consistency. Coverage for health care services under this section must 
be consistent with coverage for health care services provided through in-person 
consultation . 
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5. 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. 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. 
Telemedicine network. An insurer may limit coverage to those health care 
providers in a telemedicine network approved by the insurer. 
3. 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 through telemedicine as long 
as the deductible, copayment or coinsurance does not exceed the deductible, copayment 
or coinsurance applicable to an in-person consultation. 
4. Coverage consistency. Coverage for health care services under this section must 
be consistent with payment for health care services provided through in-person 
consultation. 
5. Rulemaking. The superintendent may adopt rules regarding coverage for health 
care services provided through telemedicine. 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, delivered, issued for delivery, continued or renewed in this 
State on or after January 1,2010. For purposes-of this Act, all contracts are deemed to be 
renewed no later than the next yearly anniversary of the contract date. 
SUMMARY 
This bill provides' for coverage of health care services delivered through 
telemedicine. 
The bill allows for insurer approval of telemedicine networks, 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 1, 2010. 
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