An Act To Require Reimbursement for Medical Marijuana
Maine Legislature, Session 129, LD 0942
Committee: Health and Human Services
Sponsors: COLLINGS, DILL, BROOKS, HARNETT, KESSLER, LANDRY, MAXMIN, STANLEY, WARREN
Amends: 22 MRSA §2426, 24 MRSA §2317-B, 24-A MRSA §2717-B, 24-A MRSA §2829-B, 24-A MRSA §4320-L, 39-A MRSA §206

Legislative Document
No. 942
H.P. 697
House of Representatives, February 21, 2019
An Act To Require Reimbursement for Medical Marijuana
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative COLLINGS of Portland.
Cosponsored by Senator DILL of Penobscot and
Representatives: BROOKS of Lewiston, HARNETT of Gardiner, KESSLER of South 
Portland, LANDRY of Farmington, MAXMIN of Nobleboro, McDONALD of Stonington, 
STANLEY of Medway, WARREN of Hallowell.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  22 MRSA §2426, sub-§2, ¶A, 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, sections 2717-B, 2829-B and 4320-L, to reimburse a person 
for costs associated with the medical use of marijuana; or
Sec. A-2.  24 MRSA §2317-B, sub-§6-A is enacted to read:
6-A.  Title 24-A, sections 2717-B, 2829-B and 4320-L.  Coverage for marijuana for 
medical use, Title 24-A, sections 2717-B, 2829-B and 4320-L;
Sec. A-3.  24-A MRSA §2717-B is enacted to read:
§2717-B.  Coverage for marijuana for medical use
An insurer that provides benefits for accidental injury or disability in this State shall 
provide coverage for marijuana for medical use for an insured in accordance with this 
section.
1.  Certification required.  An insurer shall provide coverage to an insured who has 
received certification for the medical use of marijuana from a medical provider under 
Title 22, section 2423-B.
2.  Reimbursement for out-of-pocket costs.  An insurer shall directly reimburse an 
insured 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 insured's policy; and
B.  To purchase and use marijuana for medical use in accordance with the 
certification from the medical provider under paragraph A.
Sec. A-4.  24-A MRSA §2829-B is enacted to read:
§2829-B.  Coverage for marijuana for medical use
An insurer that provides benefits for accidental injury or disability in this State shall 
provide coverage for marijuana for medical use for an insured in accordance with this 
section.
1.  Certification required.  An insurer shall provide coverage to an insured who has 
received certification for the medical use of marijuana from a medical provider under 
Title 22, section 2423-B.
2.  Reimbursement for out-of-pocket costs.  An insurer shall directly reimburse an 
insured 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 insured's policy; and
B.  To purchase and use marijuana for medical use in accordance with the 
certification from the medical provider under paragraph A.
Sec. A-5.  24-A MRSA §4320-L is enacted to read:
§4320-L.  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 certification 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 and use marijuana for medical use in accordance with the 
certification from the medical provider under paragraph A.
Sec. A-6.  Application.  The requirements of this Part apply 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 Part, all contracts are 
deemed to be renewed no later than the next yearly anniversary of the contract date.
PART B
Sec. B-1.  39-A MRSA §206, first ¶, as enacted by PL 1991, c. 885, Pt. A, §8 and 
affected by §§9 to 11, is amended to read:
An employee sustaining a personal injury arising out of and in the course of 
employment or disabled by occupational disease is entitled to reasonable and proper 
medical, surgical and hospital services, nursing, medicines, marijuana for medical use 
pursuant to Title 22, chapter 558-C and mechanical, surgical aids, as needed, paid for by 
the employer.
Sec. B-2.  39-A MRSA §206, sub-§8-A is enacted to read:
8-A.  Marijuana for medical use.  An employee sustaining a personal injury arising 
out of and in the course of employment is entitled to the medical use of marijuana as a 
treatment for that injury if the employee has received certification for the medical use of 
marijuana from a medical provider under Title 22, section 2423-B.  Notwithstanding 
section 209-A, the employer shall directly reimburse the employee 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; and
B.  To purchase and use marijuana for medical use in accordance with the 
certification from the medical provider under paragraph A.
SUMMARY
Part A of this bill 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, 2020.
Part A also applies the same requirements to individual and group accidental injury 
and disability insurance.
Part B of the bill requires an employer to reimburse an employee eligible for workers' 
compensation benefits for the costs of obtaining a medical marijuana certificate and the 
costs of medical marijuana.