An Act To Require Insurance Coverage for Contraceptive Supplies
Maine Legislature, Session 128, LD 1237
Committee: Insurance and Financial Services
Sponsors: McCREIGHT, KATZ, DENNO, DEVIN, MONAGHAN, PERRY, TEPLER, TERRY, CHIPMAN, VOLK
Amends: 24-A MRSA §2756, 24-A MRSA §2847-G, 24-A MRSA §4247

Legislative Document
No. 1237
H.P. 860
House of Representatives, March 30, 2017
An Act To Require Insurance Coverage for Contraceptive Supplies
Reference to the Committee on Insurance and Financial Services suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative McCREIGHT of Harpswell.
Cosponsored by Senator KATZ of Kennebec and
Representatives: DENNO of Cumberland, DEVIN of Newcastle, MONAGHAN of Cape 
Elizabeth, PERRY of Calais, TEPLER of Topsham, TERRY of Gorham, Senators: CHIPMAN 
of Cumberland, VOLK of Cumberland.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  24-A MRSA §2756, sub-§3 is enacted to read: 
3.  Coverage of contraceptive supplies. Coverage required under this section must 
include coverage for the dispensing of contraceptive supplies in accordance with the 
following requirements. For purposes of this section, "contraceptive supplies" means all 
contraceptive drugs and devices approved by the federal Food and Drug Administration 
to prevent an unwanted pregnancy. 
A.  Coverage must be provided for a dispensing of contraceptive supplies intended to 
last for a: 
(1) Three-month period for the first dispensing of the contraceptive supply; and 
(2) Twelve-month period for a subsequent dispensing of the same contraceptive 
supply, regardless of whether the policyholder was covered under the policy or 
contract at the time of the first dispensing. 
B.  A deductible, copayment, coinsurance or other cost-sharing requirement may not 
be imposed on the coverage. 
C.  Except as provided in paragraph A and in the absence of medical necessity, an 
insurer may not impose utilization review requirements or other limitations to control 
the prescribing or dispensing of contraceptive supplies to an amount that is less than a 
12-month supply.  
D.  In no event may a pharmacy, health care provider or other entity licensed or 
authorized to dispense contraceptive supplies dispense a greater supply of a 
contraceptive supply pursuant to this subsection if the prescription indicates "no 
change to quantity" or words of similar meaning.  
Sec. 2.  24-A MRSA §2847-G, sub-§4 is enacted to read: 
4.  Coverage of contraceptive supplies.  Coverage required under this section must 
include coverage for the dispensing of contraceptive supplies in accordance with the 
following requirements. For purposes of this section, "contraceptive supplies" means all 
contraceptive drugs and devices approved by the federal Food and Drug Administration 
to prevent an unwanted pregnancy. 
A.  Coverage must be provided for a dispensing of contraceptive supplies intended to 
last for a: 
(1) Three-month period for the first dispensing of the contraceptive supply; and 
(2) Twelve-month period for a subsequent dispensing of the same contraceptive 
supply, regardless of whether the policyholder was covered under the policy or 
contract at the time of the first dispensing. 
B.  A deductible, copayment, coinsurance or other cost-sharing requirement may not 
be imposed on the coverage.  
C.  Except as provided in paragraph A and in the absence of medical necessity, an 
insurer may not impose utilization review requirements or other limitations to control 
the prescribing or dispensing of contraceptive supplies to an amount that is less than a 
12-month supply.  
D.  In no event may a pharmacy, health care provider or other entity licensed or 
authorized to dispense contraceptive supplies dispense a greater supply of a 
contraceptive supply pursuant to this subsection if the prescription indicates "no 
change to quantity" or words of similar meaning. 
Sec. 3.  24-A MRSA §4247, sub-§4 is enacted to read: 
4.  Coverage of contraceptive supplies.  Coverage required under this section must 
include coverage for the dispensing of contraceptive supplies in accordance with the 
following requirements.  For purposes of this section, "contraceptive supplies" means all 
contraceptive drugs and devices approved by the federal Food and Drug Administration 
to prevent an unwanted pregnancy. 
A.  Coverage must be provided for a dispensing of contraceptive supplies intended to 
last for a: 
(1)  Three-month period for the first dispensing of the contraceptive supply; and  
(2)  Twelve-month period for a subsequent dispensing of the same contraceptive 
supply, regardless of whether the policyholder was covered under the policy or 
contract at the time of the first dispensing. 
B.  A deductible, copayment, coinsurance or other cost-sharing requirement may not 
be imposed on the coverage.  
C.  Except as provided in paragraph A and in the absence of medical necessity, a 
health maintenance organization may not impose utilization review requirements or 
other limitations to control the prescribing or dispensing of contraceptive supplies to 
an amount that is less than a 12-month supply.  
D.  In no event may a pharmacy, health care provider or other entity licensed or 
authorized to dispense contraceptive supplies dispense a greater supply of a 
contraceptive supply pursuant to this subsection if the prescription indicates "no 
change to quantity" or words of similar meaning.  
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, 2018.  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 expands the requirements in current law relating to coverage of 
contraceptives to include coverage for contraceptive supplies approved by the federal 
Food and Drug Administration for a 3-month supply for the first dispensing and a 12-
month supply for a subsequent dispensing of the same contraceptive supply. Coverage 
must be provided without imposing any cost-sharing. The requirements apply to all 
individual and group policies and contracts issued or renewed on or after January 1, 2018.