An Act To Prevent Discrimination in Public and Private Insurance Coverage for Pregnant Women in Maine
Maine Legislature, Session 129, LD 0820
Committee: Health Coverage, Insurance and Financial Services
Sponsors: McCREIGHT, VITELLI, ACKLEY, BABBIDGE, BABINE, BAILEY, BEEBE-CENTER, BERRY, BLUME, BRENNAN, BROOKS, CAIAZZO, CARDONE, CARNEY, CLOUTIER, COLLINGS, COOPER, CUDDY, DAUGHTRY, DENK, DENNO, DODGE, DOORE, DOUDERA, DUNPHY, EVANGELOS, FARNSWORTH, FECTEAU, FOLEY, GATTINE, GIDEON, GRAMLICH, HARNETT, HEPLER, HOBBS, HUBBELL, HYMANSON, JORGENSEN, KORNFIELD, LANDRY, MADIGAN, MASTRACCIO, MATLACK, MELARAGNO, MEYER, MOONEN, O'NEIL, PEBWORTH, PEOPLES, PERRY, PIERCE, RECKITT, ROBERTS-LOVELL, RYKERSON, SCHNECK, SHARPE, SYLVESTER, TALBOT ROSS, TEPLER, TERRY, TIPPING, TUCKER, WARREN, ZEIGLER, BELLOWS, BREEN, CARSON, CHENETTE, CHIPMAN, DESCHAMBAULT, DILL, GRATWICK, LIBBY, LUCHINI, MILLETT, MIRAMANT
Amends: 22 MRSA §3174-B, 24 MRSA §2317-B, 24-A MRSA §4320-L

Legislative Document
No. 820
H.P. 594
House of Representatives, February 14, 2019
An Act To Prevent Discrimination in Public and Private Insurance 
Coverage for Pregnant Women in Maine
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative McCREIGHT of Harpswell.
Cosponsored by Senator VITELLI of Sagadahoc and
Representatives: ACKLEY of Monmouth, BABBIDGE of Kennebunk, BABINE of Scarborough, 
BAILEY of Saco, BEEBE-CENTER of Rockland, BERRY of Bowdoinham, BLUME of York, 
BRENNAN of Portland, BROOKS of Lewiston, CAIAZZO of Scarborough, CARDONE of Bangor, 
CARNEY of Cape Elizabeth, CLOUTIER of Lewiston, COLLINGS of Portland, COOPER of 
Yarmouth, CUDDY of Winterport, DAUGHTRY of Brunswick, DENK of Kennebunk, DENNO of 
Cumberland, DODGE of Belfast, DOORE of Augusta, DOUDERA of Camden, DUNPHY of Old 
Town, EVANGELOS of Friendship, FARNSWORTH of Portland, FECTEAU of Biddeford, FOLEY of 
Biddeford, GATTINE of Westbrook, Speaker GIDEON of Freeport, GRAMLICH of Old Orchard 
Beach, HARNETT of Gardiner, HEPLER of Woolwich, HOBBS of Wells, HUBBELL of Bar Harbor, 
HYMANSON of York, JORGENSEN of Portland, KORNFIELD of Bangor, LANDRY of Farmington, 
MADIGAN of Waterville, MASTRACCIO of Sanford, MATLACK of St. George, McCREA of Fort 
Fairfield, McDONALD of Stonington, McLEAN of Gorham, MELARAGNO of Auburn, MEYER of 
Eliot, MOONEN of Portland, O'NEIL of Saco, PEBWORTH of Blue Hill, PEOPLES of Westbrook, 
PERRY of Calais, PIERCE of Falmouth, RECKITT of South Portland, ROBERTS-LOVELL of South 
Berwick, RYKERSON of Kittery, SCHNECK of Bangor, SHARPE of Durham, SYLVESTER of 
Portland, TALBOT ROSS of Portland, TEPLER of Topsham, TERRY of Gorham, TIPPING of Orono, 
TUCKER of Brunswick, WARREN of Hallowell, ZEIGLER of Montville, Senators: BELLOWS of 
Kennebec, BREEN of Cumberland, CARSON of Cumberland, CHENETTE of York, CHIPMAN of 
Cumberland, DESCHAMBAULT of York, DILL of Penobscot, GRATWICK of Penobscot, LIBBY of 
Androscoggin, LUCHINI of Hancock, MILLETT of Cumberland, MIRAMANT of Knox, SANBORN, 
H. of Cumberland, SANBORN, L. of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §3174-BBB is enacted to read:
§3174-BBB.  Coverage for abortion services
1.  Coverage.  The department shall provide coverage for abortion services to a 
MaineCare member.
2.  Funding.  Abortion services that are not federally approved Medicaid services 
must be funded by state funds.
3.  Rulemaking.  No later than March 1, 2020, the department shall adopt rules to 
implement this section.  Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2.  24 MRSA §2317-B, sub-§20, as amended by PL 2013, c. 575, §3, is 
further amended to read:
20.  Title 24-A, chapters 68 and 68-A.  Long-term care insurance, nursing home 
care insurance and home health care insurance, Title 24-A, chapters 68 and 68-A; and
Sec. 3.  24 MRSA §2317-B, sub-§21, as enacted by PL 2013, c. 575, §4 and 
affected by §10, is amended to read:
21.  Title 24-A, sections 2765-A and 2847-U.  The practice of dental hygiene by a 
dental hygiene therapist, Title 24-A, sections 2765-A and 2847-U.; and
Sec. 4.  24 MRSA §2317-B, sub-§22 is enacted to read:
22.  Title 24-A, section 4320-L.  Coverage for abortion services, Title 24-A, section 
4320-L.
Sec. 5.  24-A MRSA §4320-L is enacted to read:
§4320-L.  Coverage for abortion services
1.  Required coverage.  A carrier offering a health plan in this State that provides 
coverage for maternity services shall provide coverage for abortion services for an 
enrollee in accordance with this section.
2.  Limits; deductible; copayment; coinsurance.  A health plan that provides 
coverage for the services required by this section may contain provisions for maximum 
benefits and coinsurance and reasonable limitations, deductibles and exclusions to the 
extent that these provisions are not inconsistent with the requirements of this section.
3.  Application.  Except for a religious employer granted an exclusion as provided in 
subsection 4, 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.
4.  Exclusion for religious employer.  A religious employer may request and a 
carrier shall grant an exclusion under the policy or contract for the coverage required by 
this section if the required coverage conflicts with the religious employer's bona fide 
religious beliefs and practices.  A religious employer that obtains an exclusion under this 
subsection shall provide prospective enrollees and those individuals insured under its 
policy written notice of the exclusion.  This section may not be construed as authorizing a 
carrier to exclude coverage for abortion services that are necessary to preserve the life or 
health of a covered enrollee.  For the purposes of this section, "religious employer" means 
an employer that is a church, a convention or association of churches or an elementary or 
secondary school that is controlled, operated or principally supported by a church or by a 
convention or association of churches as defined in 26 United States Code, Section 
3121(w)(3)(A) and that qualifies as a tax-exempt organization under 26 United States 
Code, Section 501(c)(3).
5.  Protection of federal funds.  If the superintendent determines enforcement of this 
section may adversely affect the allocation of federal funds to the State, the 
superintendent may grant an exemption from the requirements of this section, but only to 
the minimum extent necessary to ensure the continued receipt of federal funds.
Sec. 6.  Application.  That section of this Act that enacts the Maine Revised 
Statutes, Title 24-A, section 4320-L applies to all policies, contracts and certificates 
executed, delivered, issued for delivery, continued or renewed in this State on or after 
January 1, 2020.  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 the Department of Health and Human Services to provide coverage 
to a MaineCare member for abortion services.  The bill provides that abortion services 
that are not approved Medicaid services must be funded by the State.  The bill also directs 
the Department of Health and Human Services to adopt rules no later than March 1, 2020.
The bill also requires that health insurance carriers that provide coverage for 
maternity services also provide coverage for abortion services.  The bill applies this 
requirement to all health insurance policies and contracts issued or renewed on or after 
January 1, 2020, except for those religious employers granted an exclusion of coverage.  
The bill authorizes the Superintendent of Insurance to grant an exemption from the 
requirements if enforcement of the requirements would adversely affect the allocation of 
federal funds to the State.