An Act To Improve Children's Mental Health by Requiring Insurance Coverage for Certain Mental Health Treatment
Maine Legislature, Session 130, LD 1910
Committee: Health Coverage, Insurance and Financial Services
Sponsors: TEPLER, ARFORD, GRAMLICH, MADIGAN, SANBORN
Amends: 24-A MRSA §4320-A

Legislative Document
No. 1910
H.P. 1416
House of Representatives, January 5, 2022
An Act To Improve Children's Mental Health by Requiring 
Insurance Coverage for Certain Mental Health Treatment
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative TEPLER of Topsham.
Cosponsored by Representatives: ARFORD of Brunswick, GRAMLICH of Old Orchard 
Beach, MADIGAN of Waterville, Senator: SANBORN of Cumberland.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the COVID-19 pandemic has exacerbated the need for mental health 
treatment, especially among young people in the State; and
Whereas, in response to COVID-19 and on an ongoing basis, it is important for young 
people in the State to have access to mental health treatment that uses evidence-based 
practices; and
Whereas, health insurance carriers are denying to children mental health treatment 
that uses evidence-based practices, such as multisystemic treatments; and
Whereas, the purpose of this legislation is to ensure that health insurance carriers 
provide coverage for mental health treatment that uses evidence-based practices; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  24-A MRSA §4320-A, as amended by PL 2019, c. 653, Pt. C, §1, is further 
amended by amending the section headnote to read:
§4320-A.  Coverage of preventive and, primary health and mental health services
Sec. 2.  24-A MRSA §4320-A, sub-§4 is enacted to read:
4.  Coverage of evidence-based mental health services for children.  A carrier 
offering a health plan in this State with an effective date on or after January 1, 2023 shall, 
at a minimum, provide coverage for mental health treatment services that use evidence-
based practices that are recommended by a provider for a child 18 years of age or younger. 
For the purposes of this subsection, "evidence-based practices" means clinically sound and 
scientifically based policies, practices and programs that reflect expert consensus on the 
prevention, treatment and recovery science published and disseminated by the United 
States Department of Health and Human Services, Substance Abuse and Mental Health 
Services Administration or its successor organization.
Sec. 3.  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, 2023.  For purposes of this Act, all contracts are deemed to be renewed 
no later than the next yearly anniversary of the contract date.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill requires health insurance carriers to provide coverage for mental health 
treatment services that use evidence-based practices that are recommended by a provider 
for a child 18 years of age or younger. The bill defines "evidence-based practices" as 
clinically sound and scientifically based policies, practices and programs that reflect expert 
consensus on the prevention, treatment and recovery science published and disseminated 
by the United States Department of Health and Human Services, Substance Abuse and 
Mental Health Services Administration. The bill’s requirements apply to health plans with 
an effective date on or after January 1, 2023.