An Act To Limit Health Care Mandates
Maine Legislature, Session 125, LD 0882
Committee: Insurance and Financial Services
Sponsors: RICHARDSON, McKANE, PICCHIOTTI, WHITTEMORE
Amends: 24-A MRSA §4303

Legislative Document 
No. 882 
H.P. 649 
House of Representatives, March 7, 2011 
An Act To Limit Health Care Mandates 
Reference to the Committee on Insurance and Financial Services suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative RICHARDSON of Warren. 
Cosponsored by Representatives: McKANE of Newcastle, PICCHIOTTI of Fairfield, Senator: 
WHITTEMORE of Somerset. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  24-A MRSA §4303, sub-§1-A is enacted to read: 
1-A.  Minimum essential benefits.  Notwithstanding any other provision of this Title 
or Title 24, a carrier offering or renewing a health plan in this State on or after January 1, 
2014 may not provide benefits or coverage that exceeds the health care benefits included 
in the minimum essential benefits package determined by the Secretary of the United 
States Department of Health and Human Services pursuant to the federal Patient 
Protection and Affordable Care Act, Public Law 111-148, Section 1302. 
Sec. 2.  Minimum essential benefits; Bureau of Insurance report.  The 
Department of Professional and Financial Regulation, Bureau of Insurance shall review 
and evaluate the minimum essential benefits package determined by the Secretary of the 
United States Department of Health and Human Services pursuant to the federal Patient 
Protection and Affordable Care Act, Public Law 111-148, as amended by the federal 
Health Care and Education Reconciliation Act of 2010, Public Law 111-152, in 
comparison to any laws in the Maine Revised Statutes, Title 24 and Title 24-A that 
mandate medical benefits or coverage in individual or group health insurance policies.  
The bureau shall determine which laws in Title 24 and Title 24-A mandate medical 
benefits or coverage and develop proposed legislation to eliminate mandated benefits that 
do not conform to the minimum essential benefits package required under federal law.  
The bureau shall submit a report, including proposed legislation as required by this 
section, to the joint standing committee of the Legislature having jurisdiction over 
insurance and financial services matters no later than 3 months following the adoption of 
the minimum essential benefits package by the Secretary of the United States Department 
of Health and Human Services.  The joint standing committee of the Legislature having 
jurisdiction over insurance and financial services matters may report out a bill based on 
the report to the First Regular Session of the 126th Legislature. 
SUMMARY 
This bill prohibits carriers from offering a health plan in this State on or after January 
1, 2014 that exceeds the minimum essential benefits package determined in accordance 
with federal law. 
The bill also requires the Department of Professional and Financial Regulation, 
Bureau of Insurance to evaluate the minimum essential benefits package to be determined 
by the Secretary of the United States Department of Health and Human Services in 
comparison to existing mandated health insurance benefits required by state law. The bill 
directs the bureau to determine which mandated benefits are not included in the federal 
minimum essential benefits package and develop proposed legislation to eliminate those 
mandated benefits in state law.  The bureau must submit its report within 3 months of the 
adoption of the minimum essential benefits package.  The bill authorizes the joint 
standing committee of the Legislature having jurisdiction over insurance and financial 
services matters to report out a bill based on the report to the First Regular Session of the 
126th Legislature.