An Act To Require Health Insurers To Provide Coverage for Human Leukocyte Antigen Testing To Establish Bone Marrow Donor Transplantation Suitability
Maine Legislature, Session 126, LD 1600
Committee: Insurance and Financial Services
Sponsors: RANKIN, LANGLEY, BEAVERS, BECK, COOPER, DAUGHTRY, GATTINE, KINNEY, KORNFIELD, LONGSTAFF, NADEAU, PLANTE, THERIAULT, MILLETT, PATRICK
Amends: 24 MRSA §2317-B, 24-A MRSA §2769, 24-A MRSA §2847-U, 24-A MRSA §4260

Legislative Document 
No. 1600 
H.P. 1172 
House of Representatives, December 30, 2013 
An Act To Require Health Insurers To Provide Coverage for 
Human Leukocyte Antigen Testing To Establish Bone Marrow 
Donor Transplantation Suitability 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 23, 2013.  Referred to the Committee on 
Insurance and Financial Services pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative RANKIN of Hiram. 
Cosponsored by Senator LANGLEY of Hancock and 
Representatives: BEAVERS of South Berwick, BECK of Waterville, COOPER of Yarmouth, 
DAUGHTRY of Brunswick, GATTINE of Westbrook, KINNEY of Limington, KORNFIELD 
of Bangor, LONGSTAFF of Waterville, NADEAU of Winslow, PLANTE of Berwick, 
THERIAULT of Madawaska, Senators: MILLETT of Cumberland, PATRICK of Oxford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  24 MRSA §2317-B, sub-§12-I is enacted to read: 
12-I.  Title 24-A, sections 2769, 2847-U and 4260.  Coverage for the cost of testing 
for bone marrow donation suitability, Title 24-A, sections 2769, 2847-U and 4260; 
Sec. 2.  24-A MRSA §2769 is enacted to read: 
§2769.  Coverage for the cost of testing for bone marrow donation suitability 
1.  Required coverage.  All individual health insurance policies and contracts must 
provide coverage for laboratory fees up to $150 arising from human leukocyte antigen 
testing performed to establish bone marrow transplantation suitability in accordance with 
the following requirements: 
A.  The individual covered under the policy or contract must meet the criteria for 
testing established by the National Marrow Donor Program, or its successor 
organization; 
B.  The testing must be performed in a facility that is accredited by a national 
accrediting body with requirements that are substantially equivalent to or more 
stringent than those of the College of American Pathologists and is certified under the 
federal Clinical Laboratories Improvement Act of 1967, 42 United States Code, 
Section 263a; and 
C.  At the time of the testing, the individual covered under the policy or contract must 
complete and sign an informed consent form that authorizes the results of the test to 
be used for participation in the National Marrow Donor Program, or its successor 
organization, and acknowledges a willingness to be a bone marrow donor if a suitable 
match is found. 
2.  Prohibition.  A testing facility may not bill, charge, collect a deposit from, seek 
payment or reimbursement from or seek recourse against an individual covered under the 
policy or contract or a person acting on behalf of the individual for any portion of the 
laboratory fees. 
Sec. 3.  24-A MRSA §2847-U is enacted to read: 
§2847-U.  Coverage for the cost of testing for bone marrow donation suitability 
1.  Required coverage.  All group health insurance policies, contracts and 
certificates must provide coverage for laboratory fees up to $150 arising from human 
leukocyte antigen testing performed to establish bone marrow transplantation suitability 
in accordance with the following requirements: 
A.  The individual covered under the policy, contract or certificate must meet the 
criteria for testing established by the National Marrow Donor Program, or its 
successor organization; 
B.  The testing must be performed in a facility that is accredited by a national 
accrediting body with requirements that are substantially equivalent to or more 
stringent than those of the College of American Pathologists and is certified under the 
federal Clinical Laboratories Improvement Act of 1967, 42 United States Code, 
Section 263a; and 
C.  At the time of the testing, the individual covered under the policy, contract or 
certificate must complete and sign an informed consent form that authorizes the 
results of the test to be used for participation in the National Marrow Donor Program, 
or its successor organization, and acknowledges a willingness to be a bone marrow 
donor if a suitable match is found. 
2.  Prohibition.  A testing facility may not bill, charge, collect a deposit from, seek 
payment or reimbursement from or seek recourse against an individual covered under the 
policy, contract or certificate or a person acting on behalf of the individual for any portion 
of the laboratory fees. 
Sec. 4.  24-A MRSA §4260 is enacted to read: 
§4260.  Coverage for the cost of testing for bone marrow donation suitability 
1.  Required coverage.  All individual and group health maintenance organization 
contracts must provide coverage for laboratory fees up to $150 arising from human 
leukocyte antigen testing performed to establish bone marrow transplantation suitability 
in accordance with the following requirements: 
A.  The individual covered under the contract must meet the criteria for testing 
established by the National Marrow Donor Program, or its successor organization; 
B.  The testing must be performed in a facility that is accredited by a national 
accrediting body with requirements that are substantially equivalent to or more 
stringent than those of the College of American Pathologists and is certified under the 
federal Clinical Laboratories Improvement Act of 1967, 42 United States Code, 
Section 263a; and 
C.  At the time of the testing, the individual covered under the contract must complete 
and sign an informed consent form that authorizes the results of the test to be used for 
participation in the National Marrow Donor Program, or its successor organization, 
and acknowledges a willingness to be a bone marrow donor if a suitable match is 
found. 
2.  Prohibition.  A testing facility may not bill, charge, collect a deposit from, seek 
payment or reimbursement from or seek recourse against an individual covered under the 
contract or a person acting on behalf of the individual for any portion of the laboratory 
fees. 
Sec. 5.  Exemption from review.  Notwithstanding the Maine Revised Statutes, 
Title 24-A, section 2752, this Act is enacted without review and evaluation by the 
Department of Professional and Financial Regulation, Bureau of Insurance. 
Sec. 6.  Application.  The requirements of this Act apply to all policies, contracts 
and certificates subject to this Act that are executed, delivered, issued for delivery, 
continued or renewed in this State on or after January 1, 2015. 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 requires health insurance coverage for laboratory fees up to $150 arising 
from human leukocyte antigen testing performed to establish bone marrow 
transplantation suitability.