An Act To Increase Availability of Health Care through Telehealth
Maine Legislature, Session 130, LD 1007
Committee: Health Coverage, Insurance and Financial Services
Sponsors: LIBBY, STEWART, CRAVEN, MADIGAN, MORRIS, PERRY, STOVER, WARREN, ZAGER, BRENNER
Amends: 24-A MRSA §4316

Legislative Document
No. 1007
H.P. 745
House of Representatives, March 10, 2021
An Act To Increase Availability of Health Care through Telehealth
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative LIBBY of Auburn.
Cosponsored by Senator STEWART of Aroostook and
Representatives: CRAVEN of Lewiston, MADIGAN of Waterville, MORRIS of Turner, 
PERRY of Calais, STOVER of Boothbay, WARREN of Hallowell, ZAGER of Portland, 
Senator: BRENNER of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  24-A MRSA §4316, sub-§2, as corrected by RR 2019, c. 2, Pt. A, §28, is 
amended to read:
2.  Parity for telehealth services.  A carrier offering a health plan in this State may 
not deny coverage on the basis that the health care service is provided through telehealth if 
the health care service would be covered if it were provided through in-person consultation 
between an enrollee and a provider.  Coverage for health care services provided through 
telehealth must be determined in a manner consistent with coverage for health care services 
provided through in-person consultation.  If an enrollee is eligible for coverage and the 
delivery of the health care service through telehealth is medically appropriate, a carrier may 
not deny coverage for telehealth services, including services provided under Title 32, 
section 60-O. A carrier may offer a health plan containing a provision for a deductible, 
copayment or coinsurance requirement for a health care service provided through telehealth 
as long as the deductible, copayment or coinsurance does not exceed the deductible, 
copayment or coinsurance applicable to a comparable service provided through in-person 
consultation.  A carrier may not exclude a health care service from coverage solely because 
such health care service is provided only through a telehealth encounter, as long as 
telehealth is appropriate for the provision of such health care service.
Sec. 2.  32 MRSA c. 1-A, sub-c. 4 is enacted to read:
SUBCHAPTER 4
TELEHEALTH
§60-O.  Telehealth
Notwithstanding any provision of law to the contrary, a licensee or registrant under 
chapters 2, 9, 22, 32, 45-A, 51, 56, 71-A, 81, 83, 97, 103, 104, 113-B, 117, 119, 127-A and 
to the extent practicable may provide necessary health care or other services through 
the use of all modes of telehealth, including visual and audio, audio-only or other electronic 
media.  For purposes of this section, "telehealth" means the use of interactive real-time 
visual and audio or other electronic media for the purpose of consultation and education 
concerning and diagnosis, treatment, care management and self-management of an 
enrollee's physical and mental health and includes real-time interaction between the 
enrollee and the telehealth provider, synchronous encounters, asynchronous encounters, 
store and forward transfers and telemonitoring.  This section does not expand the scope of 
practice for any licensee or registrant under this Title.
SUMMARY
This bill makes permanent the Governor's Executive Order #35 dated April 6, 2020, 
which allows certain licensed or registered professionals under Title 32 of the Maine 
Revised Statutes to provide necessary health care or other services to the extent practicable 
through the use of all modes of telehealth, including visual and audio, audio-only or other 
electronic media.  The bill also clarifies that these services must be covered by insurance 
as they would be if provided in person.