An Act To Require Health Insurers To Provide Coverage for Nutritional Wellness and Prevention Measures and Products
Maine Legislature, Session 124, LD 0782
Committee: Insurance and Financial Services
Sponsors: BOLAND, JACKSON, HOGAN, LAJOIE, LEGG, MORRISON, SOCTOMAH, ALFOND, BOWMAN
Amends: 24-A MRSA §4316

FIRST REGULAR SESSIOr~-2009 
Legislative Document 
No. 782 
H.P.533 
House of Representatives, Febmary 26,2009 
An Act To Require Health Insurers To Provide Coverage for 
Nutritional Wellness and Prevention Measures and Products 
Reference to the Committee on Insurance and Financial Services suggested and ordered 
plinted. 
Presented by Representative BOLAND of Sanford. 
Cosponsored by Senator JACKSON of Aroostook and 
7l/~ 
fr}. 7Ilac~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CRA Y of Palmyra, HOGAN of Old Orchard Beach, LAJOIE of Le.wiston, 
LEGG of Kennebunk, MORRISON of South Portland, SOCTOMAH of the Passamaquoddy 
_ Tribe, Senators: ALFOND of Cumberland, BOWMAN of York. 
Printed UI1 n:cyc!t:d papel 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 24-A MRSA §4316 is enacted to read: 
§4316. Coverage for nutritional wellness and prevention 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following tenns have the following meanings. 
A. "Dietary supplement" has the same meaning as in the federal Dietary Supplement 
Health and Education Act of 1994 and means a product, , other than tobacco, that: ' 
(1) . Is intended to supplement the diet and contains one or more dietary 
ingredients, including, but not limited to, vitamins, minerals, herbs, botanicals, 
U 
amino acids, concentrates, metabolites, extracts and other substances and their 
constituents; 
(2) Is intended for ingestion in pill, capsule, tablet or liquid fonn; 
(3) -Is not represented for use as a conventional food or the sole item of a meal or 
diet; and 
(4) Is labeled as a dietary supplement. 
B. "Nutritional wellness and prevention" means nutritional measures and products, 
including dietary supplements, whose primary purposes are to enhance health, 
. 
improve nutritional intake, strengthen the immune system, cleanse the body of toxins, 
address specific health needs and aid in resisting disease. 
2. 
Required coverage. A' carrier shall provide coverage and reimburse for 
nutritional wellness and prevention measures that have been shown to be beneficial to an 
enrollee's health when used as directed by the. manufacturer or manufacturer's 
representative and recommended by the enrollee's physician. 
3. Application. The requirements of this section apply to all policies, contracts and 
certificates executed, delivered, issued for delivery, continued or renewed in this State. 
For purposes of this section, all contracts are deemed to be renewed no later than the next 
yearly anniversary of the contract date. 
Sec. 2. Application. The requirements of this Act applY to .all policies, contracts 
and certificates executed, delivered, issued for delivery, contmued or renewed iii 'this 
State on or £lIter 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 .. 
. 32 . 
SUMMARY 
The purpose of this bill is to improve health, reduce health care usage and costs and 
help prevent disease through nutritional wellness and prevention measures and allow for 
nonpharmacological alternatives to enrollees who choose them. The bill requires that 
health insurance policies provide coverage for nutritional wellness and prevention that is 
~7 
shown to be beneficial to the enrollee and recommended by the enrollee's physician. The 
) 
) 
) 
n 
L 
( 
" '--------' 
1-
~~) 
bill applies to all individual and group policies issued or renewed on or after January 1, 
2010 ..