An Act To Ensure Access to Prescription Contraceptives
Maine Legislature, Session 130, LD 1954
Committee: Health Coverage, Insurance and Financial Services
Sponsors: JACKSON, TALBOT ROSS, BRENNER, CARNEY, DAUGHTRY, VITELLI, DUNPHY, FECTEAU, MORIARTY
Amends: 24 MRSA §2332-J, 24-A MRSA §2756, 24-A MRSA §2847-G, 24-A MRSA §4247

Legislative Document
No. 1954
S.P. 691
In Senate, February 3, 2022
An Act To Ensure Access to Prescription Contraceptives
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on February 1, 2022.  Referred to the Committee 
on Health Coverage, Insurance and Financial Services pursuant to Joint Rule 308.2 and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President JACKSON of Aroostook.
Cosponsored by Representative TALBOT ROSS of Portland and
Senators: BRENNER of Cumberland, CARNEY of Cumberland, DAUGHTRY of 
Cumberland, VITELLI of Sagadahoc, Representatives: DUNPHY of Old Town, Speaker 
FECTEAU of Biddeford, MORIARTY of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  24 MRSA §2332-J, sub-§4 is enacted to read:
4.  Coverage of contraceptive supplies.  Coverage required under this section must 
include coverage for contraceptive supplies in accordance with the following requirements.  
For purposes of this section, "contraceptive supplies" means all contraceptive drugs, 
devices and products approved by the federal Food and Drug Administration to prevent an 
unwanted pregnancy.
A.  Coverage must be provided without any deductible, coinsurance, copayment or 
other cost-sharing requirement.
B. If the federal Food and Drug Administration has approved one or more therapeutic 
equivalents of a contraceptive supply, an insurer is not required to cover all those 
therapeutically equivalent versions in accordance with this subsection, as long as at 
least one is covered without any deductible, coinsurance, copayment or other cost-
sharing requirement in accordance with this subsection. 
C. Coverage must be provided for the furnishing or dispensing of prescribed 
contraceptive supplies intended to last for a 12-month period, which may be furnished 
or dispensed all at once or over the course of the 12 months at the discretion of the 
health care provider.
Sec. 2.  24-A MRSA §2756, sub-§3, as enacted by PL 2017, c. 190, §1, is amended 
to read:
3.  Coverage of contraceptive supplies.  Coverage required under this section must 
include coverage for contraceptive supplies in accordance with the following requirements.  
For purposes of this section, "contraceptive supplies" means all contraceptive drugs, 
devices and products approved by the federal Food and Drug Administration to prevent an 
unwanted pregnancy.
A.  Coverage must be provided without any deductible, coinsurance, copayment or 
other cost-sharing requirement for at least one contraceptive supply within each 
method of contraception that is identified by the federal Food and Drug Administration 
to prevent an unwanted pregnancy and prescribed by a health care provider.
B.  If there is a therapeutic equivalent of a contraceptive supply within a contraceptive 
method approved by the federal Food and Drug Administration, an insurer may provide 
coverage for more than has approved one or more therapeutic equivalents of a 
contraceptive supply and may impose, an insurer is not required to cover all those 
therapeutically equivalent versions in accordance with this subsection, as long as at 
least one is covered without any deductible, coinsurance, copayment or other cost-
sharing requirements as long as at least one contraceptive supply within that method is 
available without cost sharing requirement in accordance with this subsection.
C.  If an individual's health care provider recommends a particular contraceptive supply 
approved by the federal Food and Drug Administration for the individual based on a 
determination of medical necessity, the insurer shall defer to the provider's 
determination and judgment and shall provide coverage without cost sharing for the 
prescribed contraceptive supply.
D.  Coverage must be provided for the furnishing or dispensing of prescribed 
contraceptive supplies intended to last for a 12-month period, which may be furnished 
or dispensed all at once or over the course of the 12 months at the discretion of the 
health care provider.
Sec. 3.  24-A MRSA §2847-G, sub-§4, as enacted by PL 2017, c. 190, §2, is 
amended to read:
4.  Coverage of contraceptive supplies.  Coverage required under this section must 
include coverage for contraceptive supplies in accordance with the following requirements.  
For purposes of this section, "contraceptive supplies" means all contraceptive drugs, 
devices and products approved by the federal Food and Drug Administration to prevent an 
unwanted pregnancy.
A.  Coverage must be provided without any deductible, coinsurance, copayment or 
other cost-sharing requirement for at least one contraceptive supply within each 
method of contraception that is identified by the federal Food and Drug Administration 
to prevent an unwanted pregnancy and prescribed by a health care provider.
B.  If there is a therapeutic equivalent of a contraceptive supply within a contraceptive 
method approved by the federal Food and Drug Administration, an insurer may provide 
coverage for more than has approved one or more therapeutic equivalents of a 
contraceptive supply and may impose, an insurer is not required to cover all those 
therapeutically equivalent versions in accordance with this subsection, as long as at 
least one is covered without any deductible, coinsurance, copayment or other cost-
sharing requirements as long as at least one contraceptive supply within that method is 
available without cost sharing requirement in accordance with this subsection.
C.  If an individual's health care provider recommends a particular contraceptive supply 
approved by the federal Food and Drug Administration for the individual based on a 
determination of medical necessity, the insurer shall defer to the provider's 
determination and judgment and shall provide coverage without cost sharing for the 
prescribed contraceptive supply.
D.  Coverage must be provided for the furnishing or dispensing of prescribed 
contraceptive supplies intended to last for a 12-month period, which may be furnished 
or dispensed all at once or over the course of the 12 months at the discretion of the 
health care provider.
Sec. 4.  24-A MRSA §4247, sub-§4, as enacted by PL 2017, c. 190, §3, is amended 
to read:
4.  Coverage of contraceptive supplies.  Coverage required under this section must 
include coverage for contraceptive supplies in accordance with the following requirements.  
For purposes of this section, "contraceptive supplies" means all contraceptive drugs, 
devices and products approved by the federal Food and Drug Administration to prevent an 
unwanted pregnancy.
A.  Coverage must be provided without any deductible, coinsurance, copayment or 
other cost-sharing requirement for at least one contraceptive supply within each 
method of contraception that is identified by the federal Food and Drug Administration 
to prevent an unwanted pregnancy and prescribed by a health care provider.
B.  If there is a therapeutic equivalent of a contraceptive supply within a contraceptive 
method approved by the federal Food and Drug Administration, a health maintenance 
organization may provide coverage for more than has approved one or more therapeutic 
equivalents of a contraceptive supply and may impose, a health maintenance 
organization is not required to cover all those therapeutically equivalent versions in 
accordance with this subsection, as long as at least one is covered without any 
deductible, coinsurance, copayment or other cost-sharing requirements as long as at 
least one contraceptive supply within that method is available without cost sharing 
requirement in accordance with this subsection.
C.  If an individual's health care provider recommends a particular contraceptive supply 
approved by the federal Food and Drug Administration for the individual based on a 
determination of medical necessity, the health maintenance organization shall defer to 
the provider's determination and judgment and shall provide coverage without cost 
sharing for the prescribed contraceptive supply.
D.  Coverage must be provided for the furnishing or dispensing of prescribed 
contraceptive supplies intended to last for a 12-month period, which may be furnished 
or dispensed all at once or over the course of the 12 months at the discretion of the 
health care provider.
SUMMARY
This bill requires health insurance policies to cover all contraceptive drugs, devices and 
products approved by the federal Food and Drug Administration without any deductible, 
coinsurance, copayment or other cost-sharing requirement. If the federal Food and Drug 
Administration has approved one or more therapeutic equivalents of a contraceptive 
supply, an insurer or a health maintenance organization is not required to cover all those 
therapeutically equivalent versions, as long as at least one is covered without any 
deductible, coinsurance, copayment or other cost-sharing requirement. It also requires all 
individual and group nonprofit hospital and medical services plan policies and contracts 
and all nonprofit health plan policies and contracts that provide coverage for prescription 
drugs or outpatient services to provide coverage for the furnishing or dispensing of 
prescribed contraceptive drugs, devices and products intended to last for a 12-month 
period, as is required of other types of health insurance policies.