An Act To Require That Health Insurance Policies Cover Medical Marijuana
Maine Legislature, Session 128, LD 1064
Committee Amendment CA_A_H460 (House)
Amends: 22 MRSA §2426, 24-A MRSA §4320-K

COMMITTEE AMENDMENT "A" to H.P. 747, L.D. 1064, Bill, "An Act To 
Require That Health Insurance Policies Cover Medical Marijuana" 
Amend the bill by striking out eve1ything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §2426, sub-§2, 1A, as enacted by IB 2009, c. 1, §5, is 
amended to read: 
A. A government medical assistance program or private health insurer, except as 
provided in Title 24-A, section 4320-K, to reimburse a person for costs associated 
with the medical use of marijuana; or 
Sec. 2. 24-A MRSA §4320-K is enacted to read: 
§4320-K. Coverage for marijuana for medical use 
A carrier offering a health plan in this State shall provide coverage for marijuana for 
medical use for an enrollee in accordance with this section. 
1. Certification required. A carrier shall provide coverage to an enrollee who has 
received ce1tification for the medical use of marijuana from a medical provider under 
Title 22, section 2423-B. 
2. Reimbursement for out-of-pocket costs. A carrier shall directly reimburse an 
enrollee for the documented out-of-pocket costs: 
A. Associated with obtaining certification from a medical provider authorized under 
Title 22, chapter 558-C, including any office visits with that medical provider, subject 
to any applicable copayment, coinsurance, deductible or other cost-sharing 
requirements under an enrollee's health plan; and 
B. To purchase medical marijuana in accordance with the ce1tification from the 
medical provider under paragraph A. 
Sec. 3. Application. The requirements of this Act apply to all policies, contracts 
and ce1tificates executed, delivered, issued for delivery, continued or renewed in this 
COMMITTEE AMENDMENT 
{~~-,t 
I 
COMMITTEE AMENDMENT "il" to H.P. 747, L.D. 1064 
State on or after January 1, 2019. For purposes of this Act, all contracts are deemed to be 
renewed no later than the next yearly anniversmy of the contract date. 
Sec. 4. Exemption from review. Notwithstanding the Maine Revised Statutes, 
Title 24-A, section 2752, this Act is enacted without review and evaluation by the 
Depmtment of Professional and Financial Regulation, Bureau oflnsurance.' 
SUMMARY 
This amendment is the minority rep01t of the committee and replaces the bill. The 
amendment requires a health insurance carrier to provide coverage for marijuana for 
medical use for a health plan enrollee who has received certification for the medical use 
of marijuana from an authorized medical provider. Carriers are required to directly 
reimburse a health plan enrollee for the costs of obtaining a medical marijuana certificate 
and the costs of medical marijuana. The requirements apply to all individual and group 
policies and contracts issued or renewed on or after January 1, 2019. The amendment also 
adds language exempting the amendment's provisions from review and evaluation 
pursuant to the Maine Revised Statutes, Title 24-A, section 2752. 
FISCALNOTEREQUIRED 
(See attaebed) 
COMMITTEE AMENDMENT 
Approved: 06/02/17 feac. 
LD 1064 
LR 1990(02) 
An Act To Require That Health Insurance Policies Cover Medical Marijuana 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 'A' (H-
Committee: Insurance and Financial Services 
Fiscal Note Required: Yes 
Fiscal Note 
Potential future biennium cost increase - All Funds 
lf-/_pD) 
The bill requires health insurance contracts executed after January 1, 2019 to provide coverage for marijuana for 
medical use. The State Employee Health Plan (SEHP) will require no additional appropriations or allocations in the 
current biennium. Any costs to the SEHP will begin in fiscal year 2019-20. Currently, marijuana is ille~al nationwide 
and is not approved for medical use by the Federal Drug Administration. Thus, there is not ample research or data 
available to estimate the impact to the state plan in future biennia. 
LR1990(02) - Fiscal Note - Page 1 of 1